244 
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quent fiscal year, the Secretary shall ensure 
the following: 
(I) MINIMUM
PERCENTAGE
AND 
ALLOTMENT.—The Secretary shall en-
sure that no State shall receive an al-
lotment for a fiscal year that is an 
amount based on 90 percent of the al-
lotment percentage of the State for the 
preceding fiscal year. 
(II) MAXIMUM
PERCENTAGE.— 
Subject to subclause (I), the Secretary 
shall ensure that no State shall receive 
an allotment percentage for a fiscal 
year that is more than 130 percent of 
the allotment percentage of the State 
for the preceding fiscal year. 
(iv) DEFINITIONS.—For the purpose of 
the formula specified in this subparagraph: 
(I) ALLOTMENT
PERCENTAGE.— 
The term ‘‘allotment percentage’’, used 
with respect to fiscal year 2015 or a 
subsequent fiscal year, means a per-
centage of the amount described in 
clause (i) that is received through an
245 
† HR 803 EAS 
allotment made under this subpara-
graph for the fiscal year. 
(II) EXCESS NUMBER.—The term 
‘‘excess number’’ means, used with re-
spect to the excess number of unem-
ployed individuals within a State, the 
number that represents the number of 
unemployed individuals in excess of 
4.5 percent of the civilian labor force 
in the State. 
(c) REALLOTMENT.— 
(1) IN GENERAL.—The Secretary shall, in ac-
cordance with this subsection, reallot to eligible States 
amounts that are made available to States from allot-
ments made under this section or a corresponding 
provision of the Workforce Investment Act of 1998 for 
employment and training activities and statewide 
workforce investment activities (referred to individ-
ually in this subsection as a ‘‘State allotment’’) and 
that are available for reallotment. 
(2) AMOUNT.—The amount available for reallot-
ment for a program year for programs funded under 
subsection (b)(1)(B) (relating to adult employment 
and training) or for programs funded under sub-
section (b)(2)(B) (relating to dislocated worker em-
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† HR 803 EAS 
ployment and training) is equal to the amount by 
which the unobligated balance of the State allotments 
for adult employment and training activities or dis-
located worker employment and training activities, 
respectively, at the end of the program year prior to 
the program year for which the determination under 
this paragraph is made, exceeds 20 percent of such al-
lotments for the prior program year. 
(3) REALLOTMENT.—In making reallotments to 
eligible States of amounts available pursuant to para-
graph (2) for a program year, the Secretary shall 
allot to each eligible State an amount based on the 
relative amount of the State allotment under para-
graph (1)(B) or (2)(B), respectively, of subsection (b) 
for the program year for which the determination is 
made, as compared to the total amount of the State 
allotments under paragraph (1)(B) or (2)(B), respec-
tively, of subsection (b) for all eligible States for such 
program year. 
(4) ELIGIBILITY.—For purposes of this sub-
section, an eligible State means— 
(A) with respect to funds allotted through a 
State allotment for adult employment and train-
ing activities, a State that does not have an 
amount of such funds available for reallotment
247 
† HR 803 EAS 
under paragraph (2) for the program year for 
which the determination under paragraph (2) is 
made; and 
(B) with respect to funds allotted through a 
State allotment for dislocated worker employ-
ment and training activities, a State that does 
not have an amount of such funds available for 
reallotment under paragraph (2) for the program 
year for which the determination under para-
graph (2) is made. 
(5) PROCEDURES.—The Governor shall prescribe 
uniform procedures for the obligation of funds by 
local areas within the State in order to avoid the re-
quirement that funds be made available for reallot-
ment under this subsection. The Governor shall fur-
ther prescribe equitable procedures for making funds 
available from the State and local areas in the event 
that a State is required to make funds available for 
reallotment under this subsection. 
SEC. 133. WITHIN STATE ALLOCATIONS. 
(a) RESERVATIONS FOR STATE ACTIVITIES.— 
(1) STATEWIDE
WORKFORCE
INVESTMENT
AC-
TIVITIES.—The Governor shall make the reservation 
required under section 128(a).
248 
† HR 803 EAS 
(2) STATEWIDE RAPID RESPONSE ACTIVITIES.— 
The Governor shall reserve not more than 25 percent 
of the total amount allotted to the State under section 
132(b)(2)(B) for a fiscal year for statewide rapid re-
sponse activities described in section 134(a)(2)(A). 
(b) WITHIN STATE ALLOCATION.— 
(1) METHODS.—The Governor, acting in accord-
ance with the State plan, and after consulting with 
chief elected officials and local boards in the local 
areas, shall allocate— 
(A) the funds that are allotted to the State 
for adult employment and training activities 
and statewide workforce investment activities 
under section 132(b)(1)(B) and are not reserved 
under subsection (a)(1), in accordance with 
paragraph (2) or (3); and 
(B) the funds that are allotted to the State 
for dislocated worker employment and training 
activities and statewide workforce investment ac-
tivities under section 132(b)(2)(B) and are not 
reserved under paragraph (1) or (2) of subsection 
(a), in accordance with paragraph (2). 
(2) FORMULA ALLOCATIONS.— 
(A) ADULT EMPLOYMENT AND TRAINING AC-
TIVITIES.—
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† HR 803 EAS 
(i) ALLOCATION.—In allocating the 
funds described in paragraph (1)(A) to local 
areas, a State may allocate— 
(I) 331⁄3 percent of the funds on 
the 
basis 
described 
in 
section 
132(b)(1)(B)(ii)(I); 
(II) 331⁄3 percent of the funds on 
the 
basis 
described 
in 
section 
132(b)(1)(B)(ii)(II); and 
(III) 331⁄3 percent of the funds on 
the basis described in clauses (ii)(III) 
and (iii) of section 132(b)(1)(B). 
(ii) MINIMUM PERCENTAGE.—The local 
area shall not receive an allocation percent-
age for a fiscal year that is less than 90 
percent of the average allocation percentage 
of the local area for the 2 preceding fiscal 
years. Amounts necessary for increasing 
such allocations to local areas to comply 
with the preceding sentence shall be ob-
tained by ratably reducing the allocations 
to be made to other local areas under this 
subparagraph. 
(iii) DEFINITION.—In this subpara-
graph, the term ‘‘allocation percentage’’,
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† HR 803 EAS 
used with respect to fiscal year 2015 or a 
subsequent fiscal year, means a percentage 
of the funds referred to in clause (i), re-
ceived through an allocation made under 
this subparagraph, for the fiscal year. The 
term, used with respect to fiscal year 2013 
or 2014, means a percentage of the amount 
allocated to local areas under paragraphs 
(2)(A) and (3) of section 133(b) of the 
Workforce Investment Act of 1998 (as in ef-
fect on the day before the date of enactment 
of this Act), received through an allocation 
made under paragraph (2)(A) or (3) of that 
section for fiscal year 2013 or 2014, respec-
tively. 
(B) DISLOCATED
WORKER
EMPLOYMENT 
AND TRAINING ACTIVITIES.— 
(i) ALLOCATION.—In allocating the 
funds described in paragraph (1)(B) to 
local areas, a State shall allocate the funds 
based on an allocation formula prescribed 
by the Governor of the State. Such formula 
may be amended by the Governor not more 
than once for each program year. Such for-
mula shall utilize the most appropriate in-
251 
† HR 803 EAS 
formation available to the Governor to dis-
tribute amounts to address the State’s work-
er readjustment assistance needs. 
(ii) INFORMATION.—The information 
described in clause (i) shall include insured 
unemployment data, unemployment con-
centrations, plant closing and mass layoff 
data, declining industries data, farmer- 
rancher economic hardship data, and long- 
term unemployment data. 
(iii) 
MINIMUM
PERCENTAGE.—The 
local area shall not receive an allocation 
percentage for fiscal year 2016 or a subse-
quent fiscal year that is less than 90 per-
cent of the average allocation percentage of 
the local area for the 2 preceding fiscal 
years. Amounts necessary for increasing 
such allocations to local areas to comply 
with the preceding sentence shall be ob-
tained by ratably reducing the allocations 
to be made to other local areas under this 
subparagraph. 
(iv) DEFINITION.—In this subpara-
graph, the term ‘‘allocation percentage’’, 
used with respect to fiscal year 2015 or a
252 
† HR 803 EAS 
subsequent fiscal year, means a percentage 
of the funds referred to in clause (i), re-
ceived through an allocation made under 
this subparagraph for the fiscal year. The 
term, used with respect to fiscal year 2014, 
means a percentage of the amount allocated 
to local areas under section 133(b)(2)(B) of 
the Workforce Investment Act of 1998 (as in 
effect on the day before the date of enact-
ment of this Act), received through an allo-
cation made under that section for fiscal 
year 2014. 
(C) APPLICATION.—For purposes of car-
rying out subparagraph (A)— 
(i) references in section 132(b) to a 
State shall be deemed to be references to a 
local area; 
(ii) references in section 132(b) to all 
States shall be deemed to be references to all 
local areas in the State involved; and 
(iii) except as described in clause (i), 
references in section 132(b)(1) to the term 
‘‘excess number’’ shall be considered to be 
references to the term as defined in section 
132(b)(1).
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† HR 803 EAS 
(3) ADULT EMPLOYMENT AND TRAINING DISCRE-
TIONARY ALLOCATIONS.—In lieu of making the alloca-
tion described in paragraph (2)(A), in allocating the 
funds described in paragraph (1)(A) to local areas, a 
State may distribute— 
(A) a portion equal to not less than 70 per-
cent of the funds in accordance with paragraph 
(2)(A); and 
(B) the remaining portion of the funds on 
the basis of a formula that— 
(i) 
incorporates 
additional 
factors 
(other than the factors described in para-
graph (2)(A)) relating to— 
(I) excess poverty in urban, rural, 
and suburban local areas; and 
(II) excess unemployment above 
the State average in urban, rural, and 
suburban local areas; and 
(ii) was developed by the State board 
and approved by the Secretary as part of 
the State plan. 
(4) TRANSFER AUTHORITY.—A local board may 
transfer, if such a transfer is approved by the Gov-
ernor, up to and including 100 percent of the funds 
allocated to the local area under paragraph (2)(A) or
254 
† HR 803 EAS 
(3), and up to and including 100 percent of the funds 
allocated to the local area under paragraph (2)(B), 
for a fiscal year between— 
(A) adult employment and training activi-
ties; and 
(B) dislocated worker employment and 
training activities. 
(5) ALLOCATION.— 
(A) IN GENERAL.—The Governor shall allo-
cate the funds described in paragraph (1) to 
local areas under paragraphs (2) and (3) for the 
purpose of providing a single system of employ-
ment and training activities for adults and dis-
located workers in accordance with subsections 
(c) and (d) of section 134. 
(B) ADDITIONAL REQUIREMENTS.— 
(i) ADULTS.—Funds allocated under 
paragraph (2)(A) or (3) shall be used by a 
local area to contribute to the costs of the 
one-stop delivery system described in section 
121(e) as determined under section 121(h) 
and to pay for employment and training 
activities provided to adults in the local 
area, consistent with section 134.
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† HR 803 EAS 
(ii) DISLOCATED
WORKERS.—Funds 
allocated under paragraph (2)(B) shall be 
used by a local area to contribute to the 
costs of the one-stop delivery system de-
scribed in section 121(e) as determined 
under section 121(h) and to pay for em-
ployment and training activities provided 
to dislocated workers in the local area, con-
sistent with section 134. 
(c) REALLOCATION AMONG LOCAL AREAS.— 
(1) IN GENERAL.—The Governor may, in accord-
ance with this subsection and after consultation with 
the State board, reallocate to eligible local areas with-
in the State amounts that are made available to local 
areas from allocations made under paragraph (2)(A) 
or (3) of subsection (b) or a corresponding provision 
of the Workforce Investment Act of 1998 for adult em-
ployment and training activities, or under subsection 
(b)(2)(B) or a corresponding provision of the Work-
force Investment Act of 1998 for dislocated worker 
employment and training activities (referred to indi-
vidually in this subsection as a ‘‘local allocation’’) 
and that are available for reallocation. 
(2) AMOUNT.—The amount available for re-
allocation for a program year—
256 
† HR 803 EAS 
(A) for adult employment and training ac-
tivities is equal to the amount by which the un-
obligated balance of the local allocation under 
paragraph (2)(A) or (3) of subsection (b) for 
such activities, at the end of the program year 
prior to the program year for which the deter-
mination under this subparagraph is made, ex-
ceeds 20 percent of such allocation for the prior 
program year; and 
(B) for dislocated worker employment and 
training activities is equal to the amount by 
which the unobligated balance of the local alloca-
tion under subsection (b)(2)(B) for such activi-
ties, at the end of the program year prior to the 
program year for which the determination under 
this subparagraph is made, exceeds 20 percent of 
such allocation for the prior program year. 
(3) REALLOCATION.—In making reallocations to 
eligible local areas of amounts available pursuant to 
paragraph (2) for a program year, the Governor shall 
allocate to each eligible local area within the State— 
(A) with respect to such available amounts 
that were allocated under paragraph (2)(A) or 
(3) of subsection (b), an amount based on the rel-
ative amount of the local allocation under para-
257 
† HR 803 EAS 
graph (2)(A) or (3) of subsection (b), as appro-
priate, for the program year for which the deter-
mination is made, as compared to the total 
amount of the local allocations under paragraph 
(2)(A) or (3) of subsection (b), as appropriate, 
for all eligible local areas in the State for such 
program year; and 
(B) with respect to such available amounts 
that were allocated under subsection (b)(2)(B), 
an amount based on the relative amount of the 
local allocation under subsection (b)(2)(B) for 
the program year for which the determination is 
made, as compared to the total amount of the 
local allocations under subsection (b)(2)(B) for 
all eligible local areas in the State for such pro-
gram year. 
(4) ELIGIBILITY.—For purposes of this sub-
section, an eligible local area means— 
(A) with respect to funds allocated through 
a local allocation for adult employment and 
training activities, a local area that does not 
have an amount of such funds available for re-
allocation under paragraph (2) for the program 
year for which the determination under para-
graph (2) is made; and
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† HR 803 EAS 
(B) with respect to funds allocated through 
a local allocation for dislocated worker employ-
ment and training activities, a local area that 
does not have an amount of such funds available 
for reallocation under paragraph (2) for the pro-
gram year for which the determination under 
paragraph (2) is made. 
SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 
ACTIVITIES. 
(a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVI-
TIES.— 
(1) IN
GENERAL.—Funds reserved by a Gov-
ernor— 
(A) as described in section 133(a)(2) shall 
be used to carry out the statewide rapid response 
activities described in paragraph (2)(A); and 
(B) as described in sections 128(a) and 
133(a)(1)— 
(i) shall be used to carry out the state-
wide employment and training activities 
described in paragraph (2)(B); and 
(ii) may be used to carry out any of 
the statewide employment and training ac-
tivities described in paragraph (3),
259 
† HR 803 EAS 
regardless of whether the funds were allotted to 
the State under section 127(b)(1) or under para-
graph (1) or (2) of section 132(b). 
(2) REQUIRED
STATEWIDE
EMPLOYMENT
AND 
TRAINING ACTIVITIES.— 
(A) STATEWIDE RAPID RESPONSE ACTIVI-
TIES.— 
(i) IN GENERAL.—A State shall carry 
out statewide rapid response activities using 
funds reserved by the Governor for the State 
under section 133(a)(2), which activities 
shall include— 
(I) provision of rapid response ac-
tivities, carried out in local areas by 
the State or by an entity designated by 
the State, working in conjunction with 
the local boards and the chief elected 
officials for the local areas; and 
(II) provision of additional assist-
ance to local areas that experience dis-
asters, mass layoffs, or plant closings, 
or other events that precipitate sub-
stantial increases in the number of un-
employed individuals, carried out in 
local areas by the State, working in
260 
† HR 803 EAS 
conjunction with the local boards and 
the chief elected officials for the local 
areas. 
(ii) USE OF UNOBLIGATED FUNDS.— 
Funds reserved by a Governor under section 
133(a)(2), and section 133(a)(2) of the 
Workforce Investment Act of 1998 (as in ef-
fect on the day before the date of enactment 
of this Act), to carry out this subparagraph 
that remain unobligated after the first pro-
gram year for which such funds were allot-
ted may be used by the Governor to carry 
out statewide activities authorized under 
subparagraph (B) or paragraph (3)(A), in 
addition to activities under this subpara-
graph. 
(B) STATEWIDE EMPLOYMENT AND TRAIN-
ING ACTIVITIES.—Funds reserved by a Governor 
under sections 128(a)(1) and 133(a)(1) and not 
used under paragraph (1)(A) (regardless of 
whether the funds were allotted to the States 
under section 127(b)(1)(C) or paragraph (1)(B) 
or (2)(B) of section 132(b)) shall be used for 
statewide employment and training activities, 
including—
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† HR 803 EAS 
(i) providing assistance to— 
(I) State entities and agencies, 
local areas, and one-stop partners in 
carrying out the activities described in 
the State plan, including the coordina-
tion and alignment of data systems 
used to carry out the requirements of 
this Act; 
(II) local areas for carrying out 
the regional planning and service de-
livery efforts required under section 
106(c); 
(III) local areas by providing in-
formation on and support for the effec-
tive development, convening, and im-
plementation of industry or sector 
partnerships; and 
(IV) local areas, one-stop opera-
tors, one-stop partners, and eligible 
providers, including the development 
and training of staff, which may in-
clude the development and training of 
staff to provide opportunities for indi-
viduals with barriers to employment to 
enter in-demand industry sectors or oc-
262 
† HR 803 EAS 
cupations and nontraditional occupa-
tions, the development of exemplary 
program activities, and the provision 
of technical assistance to local areas 
that fail to meet local performance ac-
countability measures described in sec-
tion 116(c); 
(ii) providing assistance to local areas 
as described in section 106(b)(6); 
(iii) operating a fiscal and manage-
ment accountability information system in 
accordance with section 116(i); 
(iv) carrying out monitoring and over-
sight of activities carried out under this 
chapter and chapter 2; 
(v) disseminating— 
(I) the State list of eligible pro-
viders of training services, including 
eligible providers of nontraditional 
training services and eligible providers 
of apprenticeship programs described 
in section 122(a)(2)(B); 
(II) information identifying eligi-
ble providers of on-the-job training, 
customized training, incumbent worker
263 
† HR 803 EAS 
training, internships, paid or unpaid 
work experience opportunities, or tran-
sitional jobs; 
(III) information on effective out-
reach to, partnerships with, and serv-
ices for, business; 
(IV) information on effective serv-
ice delivery strategies to serve workers 
and job seekers; 
(V) performance information and 
information on the cost of attendance 
(including tuition and fees) for par-
ticipants in applicable programs, as 
described in subsections (d) and (h) of 
section 122; and 
(VI) information on physical and 
programmatic accessibility, in accord-
ance with section 188, if applicable, 
and the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.), 
for individuals with disabilities; and 
(vi) conducting evaluations under sec-
tion 116(e) of activities authorized under 
this chapter and chapter 2 in coordination
264 
† HR 803 EAS 
with evaluations carried out by the Sec-
retary under section 169(a). 
(3) ALLOWABLE STATEWIDE EMPLOYMENT AND 
TRAINING ACTIVITIES.— 
(A) IN
GENERAL.—Funds reserved by a 
Governor under sections 128(a)(1) and 133(a)(1) 
and not used under paragraph (1)(A) or (2)(B) 
(regardless of whether the funds were allotted to 
the State under section 127(b)(1)(C) or para-
graph (1)(B) or (2)(B) of section 132(b)) may be 
used to carry out additional statewide employ-
ment and training activities, which may in-
clude— 
(i) implementing innovative programs 
and strategies designed to meet the needs of 
all employers (including small employers) 
in the State, which programs and strategies 
may include incumbent worker training 
programs, customized training, sectoral and 
industry cluster strategies and implementa-
tion of industry or sector partnerships, ca-
reer pathway programs, microenterprise 
and entrepreneurial training and support 
programs, utilization of effective business 
intermediaries, layoff aversion strategies,
265 
† HR 803 EAS 
activities to improve linkages between the 
one-stop delivery system in the State and 
all employers (including small employers) 
in the State, and other business services and 
strategies that better engage employers in 
workforce investment activities and make 
the workforce development system more rel-
evant to the needs of State and local busi-
nesses, consistent with the objectives of this 
title; 
(ii) developing strategies for effectively 
serving individuals with barriers to employ-
ment and for coordinating programs and 
services among one-stop partners; 
(iii) the development or identification 
of education and training programs that re-
spond to real-time labor market analysis, 
that utilize direct assessment and prior 
learning assessment to measure and provide 
credit for prior knowledge, skills, com-
petencies, and experiences, that evaluate 
such skills and competencies for adapt-
ability, that ensure credits are portable and 
stackable for more skilled employment, and
266 
† HR 803 EAS 
that accelerate course or credential comple-
tion; 
(iv) implementing programs to in-
crease the number of individuals training 
for and placed in nontraditional employ-
ment; 
(v) carrying out activities to facilitate 
remote access to services, including training 
services described in subsection (c)(3), pro-
vided through a one-stop delivery system, 
including facilitating access through the use 
of technology; 
(vi) supporting the provision of career 
services described in subsection (c)(2) in the 
one-stop delivery systems in the State; 
(vii) coordinating activities with the 
child welfare system to facilitate provision 
of services for children and youth who are 
eligible for assistance under section 477 of 
the Social Security Act (42 U.S.C. 677); 
(viii) activities— 
(I) to improve coordination of 
workforce investment activities with 
economic development activities;
267 
† HR 803 EAS 
(II) to improve coordination of 
employment and training activities 
with— 
(aa) child support services, 
and assistance provided by State 
and local agencies carrying out 
part D of title IV of the Social Se-
curity Act (42 U.S.C. 651 et seq.); 
(bb) 
cooperative 
extension 
programs carried out by the De-
partment of Agriculture; 
(cc) programs carried out in 
local areas for individuals with 
disabilities, including programs 
carried out by State agencies re-
lating to intellectual disabilities 
and developmental disabilities, ac-
tivities carried out by Statewide 
Independent Living Councils es-
tablished under section 705 of the 
Rehabilitation Act of 1973 (29 
U.S.C. 796d), programs funded 
under part B of chapter 1 of title 
VII of such Act (29 U.S.C. 796e et 
seq.), and activities carried out by
268 
† HR 803 EAS 
centers for independent living, as 
defined in section 702 of such Act 
(29 U.S.C. 796a); 
(dd) adult education and lit-
eracy activities, including those 
provided by public libraries; 
(ee) activities in the correc-
tions system that assist ex-offend-
ers in reentering the workforce; 
and 
(ff) financial literacy activi-
ties including those described in 
section 129(b)(2)(D); and 
(III) consisting of development 
and dissemination of workforce and 
labor market information; 
(ix) conducting research and dem-
onstration projects related to meeting the 
employment and education needs of adult 
and dislocated workers; 
(x) implementing promising services 
for workers and businesses, which may in-
clude providing support for education, 
training, skill upgrading, and statewide 
networking for employees to become work-
269 
† HR 803 EAS 
place learning advisors and maintain pro-
ficiency in carrying out the activities asso-
ciated with such advising; 
(xi) providing incentive grants to local 
areas for performance by the local areas on 
local performance accountability measures 
described in section 116(c); 
(xii) adopting, calculating, or commis-
sioning for approval an economic self-suffi-
ciency standard for the State that specifies 
the income needs of families, by family size, 
the number and ages of children in the fam-
ily, and substate geographical consider-
ations; 
(xiii) developing and disseminating 
common intake procedures and related 
items, including registration processes, ma-
terials, or software; and 
(xiv) providing technical assistance to 
local areas that are implementing pay-for- 
performance contract strategies, which tech-
nical assistance may include providing as-
sistance with data collection, meeting data 
entry requirements, identifying levels of per-
270 
† HR 803 EAS 
formance, and conducting evaluations of 
such strategies. 
(B) LIMITATION.— 
(i) IN GENERAL.—Of the funds allotted 
to a State under sections 127(b) and 132(b) 
and reserved as described in sections 128(a) 
and 133(a)(1) for a fiscal year— 
(I) not more than 5 percent of the 
amount 
allotted 
under 
section 
127(b)(1); 
(II) not more than 5 percent of 
the amount allotted under section 
132(b)(1); and 
(III) not more than 5 percent of 
the amount allotted under section 
132(b)(2), 
may be used by the State for the adminis-
tration of statewide youth workforce invest-
ment activities carried out under section 
129 and statewide employment and train-
ing activities carried out under this section. 
(ii) USE
OF
FUNDS.—Funds made 
available for administrative costs under 
clause (i) may be used for the administra-
tive cost of any of the statewide youth work-
271 
† HR 803 EAS 
force investment activities or statewide em-
ployment and training activities, regardless 
of whether the funds were allotted to the 
State under section 127(b)(1) or paragraph 
(1) or (2) of section 132(b). 
(b) LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.— 
Funds allocated to a local area for adults under paragraph 
(2)(A) or (3), as appropriate, of section 133(b), and funds 
allocated to a local area for dislocated workers under section 
133(b)(2)(B)— 
(1) shall be used to carry out employment and 
training activities described in subsection (c) for 
adults or dislocated workers, respectively; and 
(2) may be used to carry out employment and 
training activities described in subsection (d) for 
adults or dislocated workers, respectively. 
(c) REQUIRED LOCAL EMPLOYMENT AND TRAINING 
ACTIVITIES.— 
(1) IN GENERAL.— 
(A) ALLOCATED
FUNDS.—Funds allocated 
to a local area for adults under paragraph 
(2)(A) or (3), as appropriate, of section 133(b), 
and funds allocated to the local area for dis-
located workers under section 133(b)(2)(B), shall 
be used—
272 
† HR 803 EAS 
(i) to establish a one-stop delivery sys-
tem described in section 121(e); 
(ii) to provide the career services de-
scribed in paragraph (2) to adults and dis-
located workers, respectively, through the 
one-stop delivery system in accordance with 
such paragraph; 
(iii) to provide training services de-
scribed in paragraph (3) to adults and dis-
located workers, respectively, described in 
such paragraph; 
(iv) to establish and develop relation-
ships and networks with large and small 
employers and their intermediaries; and 
(v) to develop, convene, or implement 
industry or sector partnerships. 
(B) OTHER FUNDS.—Consistent with sub-
sections (h) and (i) of section 121, a portion of 
the funds made available under Federal law au-
thorizing the programs and activities described 
in section 121(b)(1)(B), including the Wagner- 
Peyser Act (29 U.S.C. 49 et seq.), shall be used 
as described in clauses (i) and (ii) of subpara-
graph (A), to the extent not inconsistent with the 
Federal law involved.
273 
† HR 803 EAS 
(2) CAREER SERVICES.— 
(A) SERVICES PROVIDED.—Funds described 
in paragraph (1) shall be used to provide career 
services, which shall be available to individuals 
who are adults or dislocated workers through the 
one-stop delivery system and shall, at a min-
imum, include— 
(i) determinations of whether the indi-
viduals are eligible to receive assistance 
under this subtitle; 
(ii) outreach, intake (which may in-
clude worker profiling), and orientation to 
the information and other services available 
through the one-stop delivery system; 
(iii) initial assessment of skill levels 
(including literacy, numeracy, and English 
language proficiency), aptitudes, abilities 
(including skills gaps), and supportive serv-
ice needs; 
(iv) labor exchange services, includ-
ing— 
(I) job search and placement as-
sistance and, in appropriate cases, ca-
reer counseling, including—
274 
† HR 803 EAS 
(aa) provision of information 
on in-demand industry sectors 
and occupations; and 
(bb) provision of information 
on nontraditional employment; 
and 
(II) appropriate recruitment and 
other business services on behalf of em-
ployers, including small employers, in 
the local area, which services may in-
clude services described in this sub-
section, such as providing information 
and referral to specialized business 
services 
not 
traditionally 
offered 
through the one-stop delivery system; 
(v) provision of referrals to and coordi-
nation of activities with other programs 
and services, including programs and serv-
ices within the one-stop delivery system 
and, in appropriate cases, other workforce 
development programs; 
(vi) provision of workforce and labor 
market employment statistics information, 
including the provision of accurate informa-
277 
† HR 803 EAS 
income tax credit under section 32 of the 
Internal Revenue Code of 1986, and assist-
ance under a State program for temporary 
assistance for needy families funded under 
part A of title IV of the Social Security Act 
(42 U.S.C. 601 et seq.) and other supportive 
services 
and 
transportation 
provided 
through funds made available under such 
part, available in the local area; and 
(II) referral to the services or assist-
ance described in subclause (I), as appro-
priate; 
(x) provision of information and as-
sistance regarding filing claims for unem-
ployment compensation; 
(xi) assistance in establishing eligi-
bility for programs of financial aid assist-
ance for training and education programs 
that are not funded under this Act; 
(xii) services, if determined to be ap-
propriate in order for an individual to ob-
tain or retain employment, that consist 
of— 
(I) comprehensive and specialized 
assessments of the skill levels and serv-
278 
† HR 803 EAS 
ice needs of adults and dislocated 
workers, which may include— 
(aa) diagnostic testing and 
use of other assessment tools; and 
(bb) in-depth interviewing 
and evaluation to identify em-
ployment barriers and appro-
priate employment goals; 
(II) development of an individual 
employment plan, to identify the em-
ployment goals, appropriate achieve-
ment objectives, and appropriate com-
bination of services for the participant 
to achieve the employment goals, in-
cluding providing information on eli-
gible providers of training services 
pursuant to paragraph (3)(F)(ii), and 
career pathways to attain career objec-
tives; 
(III) group counseling; 
(IV) individual counseling; 
(V) career planning; 
(VI) 
short-term 
prevocational 
services, 
including 
development 
of 
learning skills, communication skills,
279 
† HR 803 EAS 
interviewing skills, punctuality, per-
sonal maintenance skills, and profes-
sional conduct, to prepare individuals 
for unsubsidized employment or train-
ing; 
(VII) internships and work expe-
riences that are linked to careers; 
(VIII) workforce preparation ac-
tivities; 
(IX) financial literacy services, 
such as the activities described in sec-
tion 129(b)(2)(D); 
(X) out-of-area job search assist-
ance and relocation assistance; or 
(XI) English language acquisition 
and integrated education and training 
programs; and 
(xiii) 
followup 
services, 
including 
counseling regarding the workplace, for par-
ticipants in workforce investment activities 
authorized under this subtitle who are 
placed in unsubsidized employment, for not 
less than 12 months after the first day of 
the employment, as appropriate.
280 
† HR 803 EAS 
(B) USE OF PREVIOUS ASSESSMENTS.—A 
one-stop operator or one-stop partner shall not be 
required to conduct a new interview, evaluation, 
or assessment of a participant under subpara-
graph (A)(xii) if the one-stop operator or one- 
stop partner determines that it is appropriate to 
use a recent interview, evaluation, or assessment 
of the participant conducted pursuant to another 
education or training program. 
(C) DELIVERY
OF
SERVICES.—The career 
services described in subparagraph (A) shall be 
provided through the one-stop delivery system— 
(i) directly through one-stop operators 
identified pursuant to section 121(d); or 
(ii) through contracts with service pro-
viders, which may include contracts with 
public, private for-profit, and private non-
profit service providers, approved by the 
local board. 
(3) TRAINING SERVICES.— 
(A) IN GENERAL.— 
(i) ELIGIBILITY.—Except as provided 
in clause (ii), funds allocated to a local 
area for adults under paragraph (2)(A) or 
(3), as appropriate, of section 133(b), and
281 
† HR 803 EAS 
funds allocated to the local area for dis-
located workers under section 133(b)(2)(B), 
shall be used to provide training services to 
adults and dislocated workers, respec-
tively— 
(I) who, after an interview, eval-
uation, or assessment, and career plan-
ning, have been determined by a one- 
stop operator or one-stop partner, as 
appropriate, to— 
(aa) be unlikely or unable to 
obtain or retain employment, that 
leads to economic self-sufficiency 
or wages comparable to or higher 
than wages from previous employ-
ment, through the career services 
described 
in 
paragraph 
(2)(A)(xii); 
(bb) be in need of training 
services to obtain or retain em-
ployment that leads to economic 
self-sufficiency 
or 
wages 
com-
parable to or higher than wages 
from previous employment; and
282 
† HR 803 EAS 
(cc) have the skills and quali-
fications to successfully partici-
pate in the selected program of 
training services; 
(II) who select programs of train-
ing services that are directly linked to 
the employment opportunities in the 
local area or the planning region, or in 
another area to which the adults or 
dislocated workers are willing to com-
mute or relocate; 
(III) who meet the requirements of 
subparagraph (B); and 
(IV) who are determined to be eli-
gible in accordance with the priority 
system in effect under subparagraph 
(E). 
(ii) 
USE
OF
PREVIOUS
ASSESS-
MENTS.—A one-stop operator or one-stop 
partner shall not be required to conduct a 
new interview, evaluation, or assessment of 
a participant under clause (i) if the one- 
stop operator or one-stop partner deter-
mines that it is appropriate to use a recent 
interview, evaluation, or assessment of the
283 
† HR 803 EAS 
participant conducted pursuant to another 
education or training program. 
(iii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph shall be construed 
to mean an individual is required to receive 
career services prior to receiving training 
services. 
(B) QUALIFICATION.— 
(i) 
REQUIREMENT.—Notwithstanding 
section 479B of the Higher Education Act 
of 1965 (20 U.S.C. 1087uu) and except as 
provided in clause (ii), provision of such 
training services shall be limited to individ-
uals who— 
(I) are unable to obtain other 
grant assistance for such services, in-
cluding Federal Pell Grants established 
under subpart 1 of part A of title IV 
of the Higher Education Act of 1965 
(20 U.S.C. 1070a et seq.); or 
(II) require assistance beyond the 
assistance made available under other 
grant assistance programs, including 
Federal Pell Grants.
284 
† HR 803 EAS 
(ii) 
REIMBURSEMENTS.—Training 
services may be provided under this para-
graph to an individual who otherwise meets 
the requirements of this paragraph while an 
application for a Federal Pell Grant is 
pending, except that if such individual is 
subsequently awarded a Federal Pell Grant, 
appropriate reimbursement shall be made to 
the local area from such Federal Pell Grant. 
(iii) CONSIDERATION.—In determining 
whether an individual requires assistance 
under clause (i)(II), a one-stop operator (or 
one-stop partner, where appropriate) may 
take into consideration the full cost of par-
ticipating in training services, including 
the costs of dependent care and transpor-
tation, and other appropriate costs. 
(C) PROVIDER
QUALIFICATION.—Training 
services shall be provided through providers iden-
tified in accordance with section 122. 
(D) TRAINING
SERVICES.—Training serv-
ices may include— 
(i) occupational skills training, includ-
ing training for nontraditional employ-
ment;
285 
† HR 803 EAS 
(ii) on-the-job training; 
(iii) incumbent worker training in ac-
cordance with subsection (d)(4); 
(iv) programs that combine workplace 
training with related instruction, which 
may include cooperative education pro-
grams; 
(v) training programs operated by the 
private sector; 
(vi) skill upgrading and retraining; 
(vii) entrepreneurial training; 
(viii) transitional jobs in accordance 
with subsection (d)(5); 
(ix) job readiness training provided in 
combination with services described in any 
of clauses (i) through (viii); 
(x) adult education and literacy activi-
ties, including activities of English lan-
guage acquisition and integrated education 
and training programs, provided concur-
rently or in combination with services de-
scribed in any of clauses (i) through (vii); 
and 
(xi) customized training conducted 
with a commitment by an employer or
286 
† HR 803 EAS 
group of employers to employ an individual 
upon successful completion of the training. 
(E) PRIORITY.—With respect to funds allo-
cated to a local area for adult employment and 
training activities under paragraph (2)(A) or 
(3) of section 133(b), priority shall be given to 
recipients of public assistance, other low-income 
individuals, and individuals who are basic skills 
deficient for receipt of career services described 
in paragraph (2)(A)(xii) and training services. 
The appropriate local board and the Governor 
shall direct the one-stop operators in the local 
area with regard to making determinations re-
lated to such priority. 
(F) CONSUMER CHOICE REQUIREMENTS.— 
(i) IN
GENERAL.—Training services 
provided under this paragraph shall be pro-
vided in a manner that maximizes con-
sumer choice in the selection of an eligible 
provider of such services. 
(ii) ELIGIBLE PROVIDERS.—Each local 
board, through one-stop centers, shall make 
available the list of eligible providers of 
training 
services 
described 
in 
section
287 
† HR 803 EAS 
122(d), and accompanying information, in 
accordance with section 122(d). 
(iii) 
INDIVIDUAL
TRAINING
AC-
COUNTS.—An individual who seeks training 
services and who is eligible pursuant to sub-
paragraph (A), may, in consultation with a 
career planner, select an eligible provider of 
training services from the list of providers 
described in clause (ii). Upon such selection, 
the one-stop operator involved shall, to the 
extent practicable, refer such individual to 
the eligible provider of training services, 
and arrange for payment for such services 
through an individual training account. 
(iv) COORDINATION.—Each local board 
may, through one-stop centers, coordinate 
funding for individual training accounts 
with funding from other Federal, State, 
local, or private job training programs or 
sources to assist the individual in obtaining 
training services. 
(v) ADDITIONAL
INFORMATION.—Pri-
ority consideration shall, consistent with 
clause (i), be given to programs that lead to 
recognized postsecondary credentials that
288 
† HR 803 EAS 
are aligned with in-demand industry sectors 
or occupations in the local area involved. 
(G) USE
OF
INDIVIDUAL
TRAINING
AC-
COUNTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), training services provided 
under this paragraph shall be provided 
through the use of individual training ac-
counts in accordance with this paragraph, 
and shall be provided to eligible individuals 
through the one-stop delivery system. 
(ii) TRAINING
CONTRACTS.—Training 
services authorized under this paragraph 
may be provided pursuant to a contract for 
services in lieu of an individual training 
account if— 
(I) the requirements of subpara-
graph (F) are met; 
(II) such services are on-the-job 
training, customized training, incum-
bent worker training, or transitional 
employment; 
(III) the local board determines 
there are an insufficient number of eli-
gible providers of training services in
289 
† HR 803 EAS 
the local area involved (such as in a 
rural area) to accomplish the purposes 
of a system of individual training ac-
counts; 
(IV) the local board determines 
that there is a training services pro-
gram of demonstrated effectiveness of-
fered in the local area by a commu-
nity-based organization or another pri-
vate organization to serve individuals 
with barriers to employment; 
(V) the local board determines 
that— 
(aa) it would be most appro-
priate to award a contract to an 
institution of higher education or 
other eligible provider of training 
services in order to facilitate the 
training of multiple individuals 
in in-demand industry sectors or 
occupations; and 
(bb) such contract does not 
limit customer choice; or 
(VI) the contract is a pay-for-per-
formance contract.
290 
† HR 803 EAS 
(iii) LINKAGE TO OCCUPATIONS IN DE-
MAND.—Training services provided under 
this paragraph shall be directly linked to an 
in-demand industry sector or occupation in 
the local area or the planning region, or in 
another area to which an adult or dis-
located worker receiving such services is 
willing to relocate, except that a local board 
may approve training services for occupa-
tions determined by the local board to be in 
sectors of the economy that have a high po-
tential for sustained demand or growth in 
the local area. 
(iv) RULE OF CONSTRUCTION.—Noth-
ing in this paragraph shall be construed to 
preclude the combined use of individual 
training accounts and contracts in the pro-
vision of training services, including ar-
rangements that allow individuals receiving 
individual training accounts to obtain 
training services that are contracted for 
under clause (ii). 
(H) REIMBURSEMENT
FOR
ON-THE-JOB 
TRAINING.—
291 
† HR 803 EAS 
(i) 
REIMBURSEMENT
LEVEL.—For 
purposes of the provision of on-the-job 
training under this paragraph, the Gov-
ernor or local board involved may increase 
the amount of the reimbursement described 
in section 3(44) to an amount of up to 75 
percent of the wage rate of a participant for 
a program carried out under chapter 2 or 
this chapter, if, respectively— 
(I) the Governor approves the in-
crease with respect to a program car-
ried out with funds reserved by the 
State under that chapter, taking into 
account the factors described in clause 
(ii); or 
(II) the local board approves the 
increase with respect to a program car-
ried out with funds allocated to a local 
area under such chapter, taking into 
account those factors. 
(ii) FACTORS.—For purposes of clause 
(i), the Governor or local board, respec-
tively, shall take into account factors con-
sisting of—
292 
† HR 803 EAS 
(I) the characteristics of the par-
ticipants; 
(II) the size of the employer; 
(III) the quality of employer-pro-
vided training and advancement op-
portunities; and 
(IV) such other factors as the Gov-
ernor or local board, respectively, may 
determine to be appropriate, which 
may include the number of employees 
participating in the training, wage 
and benefit levels of those employees (at 
present and anticipated upon comple-
tion of the training), and relation of 
the training to the competitiveness of a 
participant. 
(d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAINING 
ACTIVITIES.— 
(1) IN GENERAL.— 
(A) ACTIVITIES.—Funds allocated to a local 
area for adults under paragraph (2)(A) or (3), 
as appropriate, of section 133(b), and funds allo-
cated to the local area for dislocated workers 
under section 133(b)(2)(B), may be used to pro-
vide, through the one-stop delivery system in-
293 
† HR 803 EAS 
volved (and through collaboration with the local 
board, for the purpose of the activities described 
in clauses (vii) and (ix))— 
(i) customized screening and referral of 
qualified participants in training services 
described in subsection (c)(3) to employers; 
(ii) 
customized 
employment-related 
services to employers, employer associations, 
or other such organizations on a fee-for- 
service basis; 
(iii) implementation of a pay-for-per-
formance contract strategy for training 
services, for which the local board may re-
serve and use not more than 10 percent of 
the total funds allocated to the local area 
under paragraph (2) or (3) of section 
133(b); 
(iv) customer support to enable indi-
viduals with barriers to employment (in-
cluding individuals with disabilities) and 
veterans, to navigate among multiple serv-
ices and activities for such populations; 
(v) technical assistance for one-stop op-
erators, one-stop partners, and eligible pro-
viders of training services, regarding the
294 
† HR 803 EAS 
provision of services to individuals with 
disabilities in local areas, including the de-
velopment and training of staff, the provi-
sion of outreach, intake, assessments, and 
service delivery, the coordination of services 
across providers and programs, and the de-
velopment of performance accountability 
measures; 
(vi) employment and training activi-
ties provided in coordination with— 
(I) child support enforcement ac-
tivities of the State and local agencies 
carrying out part D of title IV of the 
Social Security Act (42 U.S.C. 651 et 
seq.); 
(II) child support services, and 
assistance, provided by State and local 
agencies carrying out part D of title 
IV of the Social Security Act (42 
U.S.C. 651 et seq.); 
(III) cooperative extension pro-
grams carried out by the Department 
of Agriculture; and 
(IV) activities to facilitate remote 
access to services provided through a
295 
† HR 803 EAS 
one-stop delivery system, including fa-
cilitating access through the use of 
technology; 
(vii) activities— 
(I) to improve coordination be-
tween workforce investment activities 
and economic development activities 
carried out within the local area in-
volved, and to promote entrepreneurial 
skills training and microenterprise 
services; 
(II) to improve services and link-
ages between the local workforce invest-
ment system (including the local one- 
stop delivery system) and employers, 
including small employers, in the local 
area, through services described in this 
section; and 
(III) to strengthen linkages be-
tween the one-stop delivery system and 
unemployment insurance programs; 
(viii) training programs for displaced 
homemakers and for individuals training 
for nontraditional occupations, in conjunc-
296 
† HR 803 EAS 
tion with programs operated in the local 
area; 
(ix) activities to provide business serv-
ices and strategies that meet the workforce 
investment needs of area employers, as de-
termined by the local board, consistent with 
the local plan under section 108, which 
services— 
(I) may be provided through effec-
tive business intermediaries working in 
conjunction with the local board, and 
may also be provided on a fee-for-serv-
ice basis or through the leveraging of 
economic development, philanthropic, 
and other public and private resources 
in a manner determined appropriate 
by the local board; and 
(II) may include— 
(aa) developing and imple-
menting industry sector strategies 
(including strategies involving in-
dustry 
partnerships, 
regional 
skills 
alliances, 
industry 
skill 
panels, and sectoral skills partner-
ships);
297 
† HR 803 EAS 
(bb) developing and deliv-
ering innovative workforce invest-
ment services and strategies for 
area employers, which may in-
clude career pathways, skills up-
grading, skill standard develop-
ment and certification for recog-
nized postsecondary credential or 
other employer use, apprentice-
ship, and other effective initia-
tives for meeting the workforce in-
vestment needs of area employers 
and workers; 
(cc) assistance to area em-
ployers in managing reductions 
in force in coordination with 
rapid response activities provided 
under subsection (a)(2)(A) and 
with strategies for the aversion of 
layoffs, which strategies may in-
clude early identification of firms 
at risk of layoffs, use of feasibility 
studies to assess the needs of and 
options for at-risk firms, and the 
delivery of employment and train-
298 
† HR 803 EAS 
ing activities to address risk fac-
tors; and 
(dd) the marketing of busi-
ness services offered under this 
title, to appropriate area employ-
ers, including small and mid- 
sized employers; 
(x) activities to adjust the economic 
self-sufficiency standards referred to in sub-
section (a)(3)(A)(xii) for local factors, or ac-
tivities to adopt, calculate, or commission 
for 
approval, 
economic 
self-sufficiency 
standards for the local areas that specify the 
income needs of families, by family size, the 
number and ages of children in the family, 
and substate geographical considerations; 
(xi) improved coordination between 
employment and training activities and 
programs carried out in the local area for 
individuals with disabilities, including pro-
grams carried out by State agencies relating 
to intellectual disabilities and develop-
mental disabilities, activities carried out by 
Statewide Independent Living Councils es-
tablished under section 705 of the Rehabili-
299 
† HR 803 EAS 
tation Act of 1973 (29 U.S.C. 796d), pro-
grams funded under part B of chapter 1 of 
title VII of such Act (29 U.S.C. 796e et 
seq.), and activities carried out by centers 
for independent living, as defined in section 
702 of such Act (29 U.S.C. 796a); and 
(xii) implementation of promising 
services to workers and businesses, which 
may include support for education, train-
ing, skill upgrading, and statewide net-
working for employees to become workplace 
learning advisors and maintain proficiency 
in carrying out the activities associated 
with such advising. 
(B) WORK SUPPORT ACTIVITIES FOR LOW- 
WAGE WORKERS.— 
(i) IN GENERAL.—Funds allocated to a 
local area for adults under paragraph 
(2)(A) or (3), as appropriate, of section 
133(b), and funds allocated to the local area 
for 
dislocated 
workers 
under 
section 
133(b)(2)(B), may be used to provide, 
through the one-stop delivery system in-
volved, work support activities designed to 
assist low-wage workers in retaining and
300 
† HR 803 EAS 
enhancing employment. The one-stop part-
ners of the system shall coordinate the ap-
propriate programs and resources of the 
partners with the activities and resources 
provided under this subparagraph. 
(ii) ACTIVITIES.—The work support 
activities described in clause (i) may in-
clude the provision of activities described in 
this section through the one-stop delivery 
system in a manner that enhances the op-
portunities of such workers to participate in 
the activities, such as the provision of ac-
tivities described in this section during non-
traditional hours and the provision of on-
site child care while such activities are 
being provided. 
(2) SUPPORTIVE SERVICES.—Funds allocated to 
a local area for adults under paragraph (2)(A) or (3), 
as appropriate, of section 133(b), and funds allocated 
to the local area for dislocated workers under section 
133(b)(2)(B), may be used to provide supportive serv-
ices to adults and dislocated workers, respectively— 
(A) who are participating in programs with 
activities authorized in paragraph (2) or (3) of 
subsection (c); and
301 
† HR 803 EAS 
(B) who are unable to obtain such sup-
portive services through other programs pro-
viding such services. 
(3) NEEDS-RELATED PAYMENTS.— 
(A) IN
GENERAL.—Funds allocated to a 
local area for adults under paragraph (2)(A) or 
(3), as appropriate, of section 133(b), and funds 
allocated to the local area for dislocated workers 
under section 133(b)(2)(B), may be used to pro-
vide needs-related payments to adults and dis-
located workers, respectively, who are unem-
ployed and do not qualify for (or have ceased to 
qualify for) unemployment compensation for the 
purpose of enabling such individuals to partici-
pate in programs of training services under sub-
section (c)(3). 
(B) ADDITIONAL
ELIGIBILITY
REQUIRE-
MENTS.—In addition to the requirements con-
tained in subparagraph (A), a dislocated worker 
who has ceased to qualify for unemployment 
compensation may be eligible to receive needs-re-
lated payments under this paragraph only if 
such worker was enrolled in the training serv-
ices—
302 
† HR 803 EAS 
(i) by the end of the 13th week after the 
most recent layoff that resulted in a deter-
mination of the worker’s eligibility for em-
ployment and training activities for dis-
located workers under this subtitle; or 
(ii) if later, by the end of the 8th week 
after the worker is informed that a short- 
term layoff will exceed 6 months. 
(C) LEVEL OF PAYMENTS.—The level of a 
needs-related payment made to a dislocated 
worker under this paragraph shall not exceed the 
greater of— 
(i) the applicable level of unemploy-
ment compensation; or 
(ii) if such worker did not qualify for 
unemployment compensation, an amount 
equal to the poverty line, for an equivalent 
period, which amount shall be adjusted to 
reflect changes in total family income. 
(4) INCUMBENT WORKER TRAINING PROGRAMS.— 
(A) IN GENERAL.— 
(i) 
STANDARD
RESERVATION
OF 
FUNDS.—The local board may reserve and 
use not more than 20 percent of the funds 
allocated to the local area involved under
303 
† HR 803 EAS 
section 133(b) to pay for the Federal share 
of the cost of providing training through a 
training program for incumbent workers, 
carried out in accordance with this para-
graph. 
(ii) 
DETERMINATION
OF
ELIGI-
BILITY.—For the purpose of determining the 
eligibility of an employer to receive funding 
under clause (i), the local board shall take 
into account factors consisting of— 
(I) the characteristics of the par-
ticipants in the program; 
(II) the relationship of the train-
ing to the competitiveness of a partici-
pant and the employer; and 
(III) such other factors as the 
local board may determine to be ap-
propriate, which may include the num-
ber of employees participating in the 
training, the wage and benefit levels of 
those employees (at present and antici-
pated upon completion of the train-
ing), and the existence of other train-
ing and advancement opportunities 
provided by the employer.
304 
† HR 803 EAS 
(iii) STATEWIDE
IMPACT.—The Gov-
ernor or State board involved may make 
recommendations to the local board for pro-
viding incumbent worker training that has 
statewide impact. 
(B) TRAINING
ACTIVITIES.—The training 
program for incumbent workers carried out 
under this paragraph shall be carried out by the 
local board in conjunction with the employers or 
groups of employers of such workers (which may 
include employers in partnership with other en-
tities for the purposes of delivering training) for 
the purpose of assisting such workers in obtain-
ing the skills necessary to retain employment or 
avert layoffs. 
(C) EMPLOYER PAYMENT OF NON-FEDERAL 
SHARE.—Employers participating in the pro-
gram carried out under this paragraph shall be 
required to pay for the non-Federal share of the 
cost of providing the training to incumbent 
workers of the employers. 
(D) NON-FEDERAL SHARE.— 
(i) FACTORS.—Subject to clause (ii), 
the local board shall establish the non-Fed-
eral share of such cost (taking into consider-
305 
† HR 803 EAS 
ation such other factors as the number of 
employees participating in the training, the 
wage and benefit levels of the employees (at 
the beginning and anticipated upon comple-
tion of the training), the relationship of the 
training to the competitiveness of the em-
ployer and employees, and the availability 
of other employer-provided training and ad-
vancement opportunities. 
(ii) LIMITS.—The non-Federal share 
shall not be less than— 
(I) 10 percent of the cost, for em-
ployers with not more than 50 employ-
ees; 
(II) 25 percent of the cost, for em-
ployers with more than 50 employees 
but not more than 100 employees; and 
(III) 50 percent of the cost, for 
employers with more than 100 employ-
ees. 
(iii) 
CALCULATION
OF
EMPLOYER 
SHARE.—The non-Federal share provided 
by an employer participating in the pro-
gram may include the amount of the wages 
paid by the employer to a worker while the
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worker is attending a training program 
under this paragraph. The employer may 
provide the share in cash or in kind, fairly 
evaluated. 
(5) TRANSITIONAL JOBS.—The local board may 
use not more than 10 percent of the funds allocated 
to the local area involved under section 133(b) to pro-
vide transitional jobs under subsection (c)(3) that— 
(A) are time-limited work experiences that 
are subsidized and are in the public, private, or 
nonprofit sectors for individuals with barriers to 
employment who are chronically unemployed or 
have an inconsistent work history; 
(B) are combined with comprehensive em-
ployment and supportive services; and 
(C) are designed to assist the individuals 
described in subparagraph (A) to establish a 
work history, demonstrate success in the work-
place, and develop the skills that lead to entry 
into and retention in unsubsidized employment. 
CHAPTER 4—GENERAL WORKFORCE 
INVESTMENT PROVISIONS 
SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 
(a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.— 
There are authorized to be appropriated to carry out the
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activities described in section 127(a), $820,430,000 for fis-
cal year 2015, $883,800,000 for fiscal year 2016, 
$902,139,000 for fiscal year 2017, $922,148,000 for fiscal 
year 2018, $943,828,000 for fiscal year 2019, and 
$963,837,000 for fiscal year 2020. 
(b) ADULT
EMPLOYMENT
AND
TRAINING
ACTIVI-
TIES.—There are authorized to be appropriated to carry out 
the activities described in section 132(a)(1), $766,080,000 
for fiscal year 2015, $825,252,000 for fiscal year 2016, 
$842,376,000 for fiscal year 2017, $861,060,000 for fiscal 
year 2018, $881,303,000 for fiscal year 2019, and 
$899,987,000 for fiscal year 2020. 
(c) DISLOCATED WORKER EMPLOYMENT AND TRAIN-
ING ACTIVITIES.—There are authorized to be appropriated 
to carry out the activities described in section 132(a)(2), 
$1,222,457,000 for fiscal year 2015, $1,316,880,000 for fis-
cal year 2016, $1,344,205,000 for fiscal year 2017, 
$1,374,019,000 for fiscal year 2018, $1,406,322,000 for fis-
cal year 2019, and $1,436,137,000 for fiscal year 2020. 
Subtitle C—Job Corps 
SEC. 141. PURPOSES. 
The purposes of this subtitle are— 
(1) to maintain a national Job Corps program, 
carried out in partnership with States and commu-
nities, to—
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(A) assist eligible youth to connect to the 
labor force by providing them with intensive so-
cial, academic, career and technical education, 
and service-learning opportunities, in primarily 
residential centers, in order for such youth to ob-
tain secondary school diplomas or recognized 
postsecondary credentials leading to— 
(i) successful careers, in in-demand in-
dustry sectors or occupations or the Armed 
Forces, that will result in economic self-suf-
ficiency and opportunities for advancement; 
or 
(ii) enrollment in postsecondary edu-
cation, including an apprenticeship pro-
gram; and 
(B) support responsible citizenship; 
(2) to set forth standards and procedures for se-
lecting individuals as enrollees in the Job Corps; 
(3) to authorize the establishment of Job Corps 
centers in which enrollees will participate in inten-
sive programs of activities described in this subtitle; 
and 
(4) to prescribe various other powers, duties, and 
responsibilities incident to the operation and con-
tinuing development of the Job Corps.
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SEC. 143. ESTABLISHMENT. 
There shall be within the Department of Labor a ‘‘Job 
Corps’’. 
SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 
(a) IN GENERAL.—To be eligible to become an enrollee, 
an individual shall be— 
(1) not less than age 16 and not more than age 
21 on the date of enrollment, except that— 
(A) not more than 20 percent of the indi-
viduals enrolled in the Job Corps may be not less 
than age 22 and not more than age 24 on the 
date of enrollment; and 
(B) either such maximum age limitation 
may be waived by the Secretary, in accordance 
with regulations of the Secretary, in the case of 
an individual with a disability; 
(2) a low-income individual; and 
(3) an individual who is one or more of the fol-
lowing: 
(A) Basic skills deficient. 
(B) A school dropout. 
(C) A homeless individual (as defined in 
section 41403(6) of the Violence Against Women 
Act of 1994 (42 U.S.C. 14043e–2(6))), a homeless 
child or youth (as defined in section 725(2) of 
the McKinney-Vento Homeless Assistance Act (42
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† HR 803 EAS 
U.S.C. 11434a(2))), a runaway, an individual 
in foster care, or an individual who was in fos-
ter care and has aged out of the foster care sys-
tem. 
(D) A parent. 
(E) An individual who requires additional 
education, career and technical education or 
training, or workforce preparation skills to be 
able to obtain and retain employment that leads 
to economic self-sufficiency. 
(b) SPECIAL RULE FOR VETERANS.—Notwithstanding 
the requirement of subsection (a)(2), a veteran shall be eligi-
ble to become an enrollee under subsection (a) if the indi-
vidual— 
(1) meets the requirements of paragraphs (1) and 
(3) of such subsection; and 
(2) does not meet the requirement of subsection 
(a)(2) because the military income earned by such in-
dividual within the 6-month period prior to the indi-
vidual’s application for Job Corps prevents the indi-
vidual from meeting such requirement. 
SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND AS-
SIGNMENT OF ENROLLEES. 
(a) STANDARDS AND PROCEDURES.—
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(1) IN GENERAL.—The Secretary shall prescribe 
specific standards and procedures for the recruitment, 
screening, and selection of eligible applicants for the 
Job Corps, after considering recommendations from 
Governors of States, local boards, and other interested 
parties. 
(2) METHODS.—In prescribing standards and 
procedures under paragraph (1), the Secretary, at a 
minimum, shall— 
(A) prescribe procedures for informing en-
rollees that drug tests will be administered to the 
enrollees and the results received within 45 days 
after the enrollees enroll in the Job Corps; 
(B) establish standards for recruitment of 
Job Corps applicants; 
(C) establish standards and procedures 
for— 
(i) determining, for each applicant, 
whether the educational and career and 
technical education and training needs of 
the applicant can best be met through the 
Job Corps program or an alternative pro-
gram in the community in which the appli-
cant resides; and
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† HR 803 EAS 
(ii) obtaining from each applicant per-
tinent data relating to background, needs, 
and interests for determining eligibility and 
potential assignment; 
(D) where appropriate, take measures to 
improve the professional capability of the indi-
viduals conducting screening of the applicants; 
and 
(E) assure appropriate representation of en-
rollees from urban areas and from rural areas. 
(3) IMPLEMENTATION.—The standards and pro-
cedures shall be implemented through arrangements 
with— 
(A) applicable one-stop centers; 
(B) organizations that have a demonstrated 
record of effectiveness in serving at-risk youth 
and placing such youth into employment, in-
cluding community action agencies, business or-
ganizations, or labor organizations; and 
(C) child welfare agencies that are respon-
sible for children and youth eligible for benefits 
and services under section 477 of the Social Se-
curity Act (42 U.S.C. 677). 
(4) CONSULTATION.—The standards and proce-
dures shall provide for necessary consultation with in-
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† HR 803 EAS 
dividuals and organizations, including court, proba-
tion, parole, law enforcement, education, welfare, and 
medical authorities and advisers. 
(5) REIMBURSEMENT.—The Secretary is author-
ized to enter into contracts with and make payments 
to individuals and organizations for the cost of con-
ducting recruitment, screening, and selection of eligi-
ble applicants for the Job Corps, as provided for in 
this section. The Secretary shall make no payment to 
any individual or organization solely as compensa-
tion for referring the names of applicants for the Job 
Corps. 
(b) SPECIAL LIMITATIONS ON SELECTION.— 
(1) IN GENERAL.—No individual shall be selected 
as an enrollee unless the individual or organization 
implementing the standards and procedures described 
in subsection (a) determines that— 
(A) there is a reasonable expectation that 
the individual considered for selection can par-
ticipate successfully in group situations and ac-
tivities, and is not likely to engage in behavior 
that would prevent other enrollees from receiving 
the benefit of the Job Corps program or be in-
compatible with the maintenance of sound dis-
cipline and satisfactory relationships between the
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† HR 803 EAS 
Job Corps center to which the individual might 
be assigned and communities surrounding the 
Job Corps center; 
(B) the individual manifests a basic under-
standing of both the rules to which the indi-
vidual will be subject and of the consequences of 
failure to observe the rules, and agrees to comply 
with such rules; and 
(C) the individual has passed a background 
check conducted in accordance with procedures 
established by the Secretary and with applicable 
State and local laws. 
(2) INDIVIDUALS ON PROBATION, PAROLE, OR SU-
PERVISED
RELEASE.—An individual on probation, 
parole, or supervised release may be selected as an en-
rollee only if release from the supervision of the pro-
bation or parole official involved is satisfactory to the 
official and the Secretary and does not violate appli-
cable laws (including regulations). No individual 
shall be denied a position in the Job Corps solely on 
the basis of individual contact with the criminal jus-
tice system except for a disqualifying conviction as 
specified in paragraph (3). 
(3) 
INDIVIDUALS
CONVICTED
OF
CERTAIN 
CRIMES.—An individual shall not be selected as an
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† HR 803 EAS 
enrollee if the individual has been convicted of a fel-
ony consisting of murder (as described in section 
1111 of title 18, United States Code), child abuse, or 
a crime involving rape or sexual assault. 
(c) ASSIGNMENT PLAN.— 
(1) IN GENERAL.—Every 2 years, the Secretary 
shall develop and implement a plan for assigning en-
rollees to Job Corps centers. In developing the plan, 
the Secretary shall, based on the analysis described in 
paragraph (2), establish targets, applicable to each 
Job Corps center, for— 
(A) the maximum attainable percentage of 
enrollees at the Job Corps center that reside in 
the State in which the center is located; and 
(B) the maximum attainable percentage of 
enrollees at the Job Corps center that reside in 
the region in which the center is located, and in 
surrounding regions. 
(2) ANALYSIS.—In order to develop the plan de-
scribed in paragraph (1), every 2 years the Secretary, 
in consultation with operators of Job Corps centers, 
shall analyze relevant factors relating to each Job 
Corps center, including— 
(A) the size of the population of individuals 
eligible to participate in Job Corps in the State
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† HR 803 EAS 
and region in which the Job Corps center is lo-
cated, and in surrounding regions; 
(B) the relative demand for participation in 
the Job Corps in the State and region, and in 
surrounding regions; 
(C) the capacity and utilization of the Job 
Corps center, including the education, training, 
and supportive services provided through the cen-
ter; and 
(D) the performance of the Job Corps center 
relating to the expected levels of performance for 
the indicators described in section 159(c)(1), and 
whether any actions have been taken with respect 
to such center pursuant to paragraphs (2) and 
(3) of section 159(f). 
(d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.— 
(1) IN GENERAL.—After an individual has been 
selected for the Job Corps in accordance with the 
standards and procedures of the Secretary under sub-
section (a), the enrollee shall be assigned to the Job 
Corps center that offers the type of career and tech-
nical education and training selected by the indi-
vidual and, among the centers that offer such edu-
cation and training, is closest to the home of the indi-
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† HR 803 EAS 
vidual. The Secretary may waive this requirement 
if— 
(A) the enrollee would be unduly delayed in 
participating in the Job Corps program because 
the closest center is operating at full capacity; or 
(B) the parent or guardian of the enrollee 
requests assignment of the enrollee to another Job 
Corps center due to circumstances in the commu-
nity of the enrollee that would impair prospects 
for successful participation in the Job Corps pro-
gram. 
(2) ENROLLEES WHO ARE YOUNGER THAN 18.— 
An enrollee who is younger than 18 shall not be as-
signed to a Job Corps center other than the center 
closest to the home that offers the career and technical 
education and training desired by the enrollee pursu-
ant to paragraph (1) if the parent or guardian of the 
enrollee objects to the assignment. 
SEC. 146. ENROLLMENT. 
(a) RELATIONSHIP BETWEEN ENROLLMENT AND MILI-
TARY OBLIGATIONS.—Enrollment in the Job Corps shall 
not relieve any individual of obligations under the Military 
Selective Service Act (50 U.S.C. App. 451 et seq.). 
(b) PERIOD OF ENROLLMENT.—No individual may be 
enrolled in the Job Corps for more than 2 years, except—
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† HR 803 EAS 
(1) in a case in which completion of an ad-
vanced career training program under section 148(c) 
would require an individual to participate in the Job 
Corps for not more than one additional year; 
(2) in the case of an individual with a disability 
who would reasonably be expected to meet the stand-
ards for a Job Corps graduate, as defined under sec-
tion 142(5), if allowed to participate in the Job Corps 
for not more than 1 additional year; 
(3) in the case of an individual who participates 
in national service, as authorized by a Civilian Con-
servation Center program, who would be granted an 
enrollment extension in the Job Corps for the amount 
of time equal to the period of national service; or 
(4) as the Secretary may authorize in a special 
case. 
SEC. 147. JOB CORPS CENTERS. 
(a) OPERATORS AND SERVICE PROVIDERS.— 
(1) ELIGIBLE ENTITIES.— 
(A) OPERATORS.—The Secretary shall enter 
into an agreement with a Federal, State, or local 
agency, an area career and technical education 
school, a residential career and technical edu-
cation school, or a private organization, for the 
operation of each Job Corps center.
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† HR 803 EAS 
(B) PROVIDERS.—The Secretary may enter 
into an agreement with a local entity, or other 
entity with the necessary capacity, to provide ac-
tivities described in this subtitle to a Job Corps 
center. 
(2) SELECTION PROCESS.— 
(A) COMPETITIVE BASIS.—Except as pro-
vided in subsections (a) and (b) of section 3304 
of title 41, United States Code, the Secretary 
shall select on a competitive basis an entity to 
operate a Job Corps center and entities to pro-
vide activities described in this subtitle to the 
Job Corps center. In developing a solicitation for 
an operator or service provider, the Secretary 
shall consult with the Governor of the State in 
which the center is located, the workforce council 
for the Job Corps center (if established), and the 
applicable local board regarding the contents of 
such solicitation, including elements that will 
promote the consistency of the activities carried 
out through the center with the objectives set 
forth in the State plan or in a local plan. 
(B) RECOMMENDATIONS
AND
CONSIDER-
ATIONS.—
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† HR 803 EAS 
(i) OPERATORS.—In selecting an enti-
ty to operate a Job Corps center, the Sec-
retary shall consider— 
(I) the ability of the entity to co-
ordinate the activities carried out 
through the Job Corps center with ac-
tivities carried out under the appro-
priate State plan and local plans; 
(II) the ability of the entity to 
offer career and technical education 
and training that has been proposed by 
the workforce council under section 
154(c), and the degree to which such 
education and training reflects employ-
ment opportunities in the local areas 
in which enrollees at the center intend 
to seek employment; 
(III) the degree to which the enti-
ty demonstrates relationships with the 
surrounding communities, employers, 
labor organizations, State boards, local 
boards, applicable one-stop centers, and 
the State and region in which the cen-
ter is located;
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† HR 803 EAS 
(IV) the performance of the entity, 
if any, relating to operating or pro-
viding activities described in this sub-
title to a Job Corps center, including 
information regarding the entity in 
any reports developed by the Office of 
Inspector General of the Department of 
Labor and the entity’s demonstrated ef-
fectiveness in assisting individuals in 
achieving the primary indicators of 
performance for eligible youth de-
scribed in section 116(b)(2)(A)(ii); and 
(V) the ability of the entity to 
demonstrate a record of successfully as-
sisting at-risk youth to connect to the 
workforce, including providing them 
with intensive academics and career 
and technical education and training. 
(ii) PROVIDERS.—In selecting a service 
provider for a Job Corps center, the Sec-
retary shall consider the factors described in 
clause (i). 
(3) ADDITIONAL SELECTION FACTORS.—To be el-
igible to operate a Job Corps center, an entity shall 
submit to the Secretary, at such time and in such
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† HR 803 EAS 
manner as the Secretary may require, information re-
lated to additional selection factors, which shall in-
clude the following: 
(A) A description of the program activities 
that will be offered at the center and how the 
academics and career and technical education 
and training reflect State and local employment 
opportunities, including opportunities in in-de-
mand industry sectors and occupations rec-
ommended by the workforce council under section 
154(c)(2)(A). 
(B) A description of the counseling, place-
ment, and support activities that will be offered 
at the center, including a description of the 
strategies and procedures the entity will use to 
place graduates into unsubsidized employment or 
education leading to a recognized postsecondary 
credential upon completion of the program. 
(C) A description of the demonstrated 
record of effectiveness that the entity has in plac-
ing at-risk youth into employment and postsec-
ondary education, including past performance of 
operating a Job Corps center under this subtitle 
or subtitle C of title I of the Workforce Invest-
ment Act of 1998, and as appropriate, the enti-
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† HR 803 EAS 
ty’s demonstrated effectiveness in assisting indi-
viduals in achieving the indicators of perform-
ance for eligible youth described in section 
116(b)(2)(A)(ii). 
(D) A description of the relationships that 
the entity has developed with State boards, local 
boards, applicable one-stop centers, employers, 
labor organizations, State and local educational 
agencies, and the surrounding communities in 
which the center is located, in an effort to pro-
mote a comprehensive statewide workforce devel-
opment system. 
(E) A description of the entity’s ability to 
coordinate the activities carried out through the 
Job Corps center with activities carried out 
under the appropriate State plan and local 
plans. 
(F) A description of the strong fiscal con-
trols the entity has in place to ensure proper ac-
counting of Federal funds, and a description of 
how the entity will meet the requirements of sec-
tion 159(a). 
(G) A description of the steps to be taken to 
control 
costs 
in 
accordance 
with 
section 
159(a)(3).
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† HR 803 EAS 
(H) A detailed budget of the activities that 
will be supported using funds under this subtitle 
and non-Federal resources. 
(I) An assurance the entity is licensed to 
operate in the State in which the center is lo-
cated. 
(J) An assurance the entity will comply 
with basic health and safety codes, which shall 
include the disciplinary measures described in 
section 152(b). 
(K) Any other information on additional 
selection factors that the Secretary may require. 
(b) HIGH-PERFORMING CENTERS.— 
(1) IN GENERAL.—If an entity meets the require-
ments described in paragraph (2) as applied to a 
particular Job Corps center, such entity shall be al-
lowed to compete in any competitive selection process 
carried out for an award to operate such center. 
(2) HIGH
PERFORMANCE.—An entity shall be 
considered to be an operator of a high-performing cen-
ter if the Job Corps center operated by the entity— 
(A) is ranked among the top 20 percent of 
Job Corps centers for the most recent preceding 
program year; and
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† HR 803 EAS 
(B) meets the expected levels of performance 
established under section 159(c)(1) and, with re-
spect to each of the primary indicators of per-
formance for eligible youth described in section 
116(b)(2)(A)(ii)— 
(i) for the period of the most recent 
preceding 3 program years for which infor-
mation is available at the time the deter-
mination is made, achieved an average of 
100 percent, or higher, of the expected level 
of performance established under section 
159(c)(1) for the indicator; and 
(ii) for the most recent preceding pro-
gram year for which information is avail-
able at the time the determination is made, 
achieved 100 percent, or higher, of the ex-
pected level of performance established 
under such section for the indicator. 
(3) TRANSITION.—If any of the program years 
described in paragraph (2)(B) precedes the implemen-
tation of the establishment of expected levels of per-
formance under section 159(c) and the application of 
the primary indicators of performance for eligible 
youth described in section 116(b)(2)(A)(ii), an entity 
shall be considered an operator of a high-performing
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† HR 803 EAS 
center during that period if the Job Corps center op-
erated by the entity— 
(A) meets the requirements of paragraph 
(2)(B) with respect to such preceding program 
years using the performance of the Job Corps 
center regarding the national goals or targets es-
tablished by the Office of the Job Corps under the 
previous 
performance 
accountability 
system 
for— 
(i) the 6-month follow-up placement 
rate of graduates in employment, the mili-
tary, education, or training; 
(ii) the 12–month follow-up placement 
rate of graduates in employment, the mili-
tary, education, or training; 
(iii) the 6-month follow-up average 
weekly earnings of graduates; 
(iv) the rate of attainment of sec-
ondary school diplomas or their recognized 
equivalent; 
(v) the rate of attainment of comple-
tion certificates for career and technical 
training; 
(vi) average literacy gains; and 
(vii) average numeracy gains; or
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† HR 803 EAS 
(B) is ranked among the top 5 percent of 
Job Corps centers for the most recent preceding 
program year. 
(c) CHARACTER AND ACTIVITIES.—Job Corps centers 
may be residential or nonresidential in character, and shall 
be designed and operated so as to provide enrollees, in a 
well-supervised setting, with access to activities described 
in this subtitle. In any year, no more than 20 percent of 
the individuals enrolled in the Job Corps may be nonresi-
dential participants in the Job Corps. 
(d) CIVILIAN CONSERVATION CENTERS.— 
(1) IN GENERAL.—The Job Corps centers may 
include Civilian Conservation Centers, operated 
under an agreement between the Secretary of Labor 
and the Secretary of Agriculture, that are located pri-
marily in rural areas. Such centers shall provide, in 
addition to academics, career and technical education 
and training, and workforce preparation skills train-
ing, programs of work experience to conserve, develop, 
or manage public natural resources or public rec-
reational areas or to develop community projects in 
the public interest. 
(2) ASSISTANCE DURING DISASTERS.—Enrollees 
in Civilian Conservation Centers may provide assist-
ance in addressing national, State, and local disas-
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† HR 803 EAS 
ters, consistent with current child labor laws (includ-
ing regulations). The Secretary of Agriculture shall 
ensure that with respect to the provision of such as-
sistance the enrollees are properly trained, equipped, 
supervised, and dispatched consistent with standards 
for the conservation and rehabilitation of wildlife es-
tablished under the Fish and Wildlife Coordination 
Act (16 U.S.C. 661 et seq.). 
(3) NATIONAL LIAISON.—The Secretary of Agri-
culture shall designate a Job Corps National Liaison 
to support the agreement under this section between 
the Departments of Labor and Agriculture. 
(e) INDIAN TRIBES.— 
(1) GENERAL AUTHORITY.—The Secretary may 
enter into agreements with Indian tribes to operate 
Job Corps centers for Indians. 
(2) DEFINITIONS.—In this subsection, the terms 
‘‘Indian’’ and ‘‘Indian tribe’’ have the meanings 
given such terms in subsections (d) and (e), respec-
tively, of section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(f) LENGTH
OF AGREEMENT.—The agreement de-
scribed in subsection (a)(1)(A) shall be for not more than 
a 2-year period. The Secretary may exercise any contrac-
tual option to renew the agreement in 1-year increments
331 
† HR 803 EAS 
for not more than 3 additional years, consistent with the 
requirements of subsection (g). 
(g) RENEWAL CONDITIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall not renew the terms of an agreement 
for any 1-year additional period described in sub-
section (f) for an entity to operate a particular Job 
Corps center if, for both of the 2 most recent preceding 
program years for which information is available at 
the time the determination is made, or if a second 
program year is not available, the preceding year for 
which information is available, such center— 
(A) has been ranked in the lowest 10 per-
cent of Job Corps centers; and 
(B) failed to achieve an average of 50 per-
cent or higher of the expected level of perform-
ance under section 159(c)(1) with respect to each 
of the primary indicators of performance for eli-
gible youth described in section 116(b)(2)(A)(ii). 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), the Secretary may exercise an option to renew the 
agreement for no more than 2 additional years if the 
Secretary determines such renewal would be in the 
best interest of the Job Corps program, taking into 
account factors including—
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† HR 803 EAS 
(A) significant improvements in program 
performance in carrying out a performance im-
provement plan under section 159(f)(2); 
(B) that the performance is due to cir-
cumstances beyond the control of the entity, such 
as an emergency or disaster, as defined in sec-
tion 170(a)(1); 
(C) a significant disruption in the oper-
ations of the center, including in the ability to 
continue to provide services to students, or sig-
nificant increase in the cost of such operations; 
or 
(D) a significant disruption in the procure-
ment process with respect to carrying out a com-
petition for the selection of a center operator. 
(3) DETAILED EXPLANATION.—If the Secretary 
exercises an option under paragraph (2), the Sec-
retary shall provide, to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate, a detailed explanation of the 
rationale for exercising such option. 
(4) ADDITIONAL
CONSIDERATIONS.—The Sec-
retary shall only renew the agreement of an entity to 
operate a Job Corps center if the entity—
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† HR 803 EAS 
(A) has a satisfactory record of integrity 
and business ethics; 
(B) has adequate financial resources to per-
form the agreement; 
(C) has the necessary organization, experi-
ence, accounting and operational controls, and 
technical skills; and 
(D) is otherwise qualified and eligible under 
applicable laws and regulations, including that 
the contractor is not under suspension or 
debarred from eligibility for Federal contracts. 
SEC. 148. PROGRAM ACTIVITIES. 
(a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.— 
(1) IN GENERAL.—Each Job Corps center shall 
provide enrollees with an intensive, well organized, 
and fully supervised program of education, including 
English language acquisition programs, career and 
technical education and training, work experience, 
work-based learning, recreational activities, physical 
rehabilitation and development, driver’s education, 
and counseling, which may include information about 
financial literacy. Each Job Corps center shall pro-
vide enrollees assigned to the center with access to ca-
reer services described in clauses (i) through (xi) of 
section 134(c)(2)(A).
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† HR 803 EAS 
(2) RELATIONSHIP TO OPPORTUNITIES.—The ac-
tivities provided under this subsection shall be tar-
geted to helping enrollees, on completion of their en-
rollment— 
(A) secure and maintain meaningful unsub-
sidized employment; 
(B) enroll in and complete secondary edu-
cation or postsecondary education or training 
programs, including other suitable career and 
technical education and training, and appren-
ticeship programs; or 
(C) satisfy Armed Forces requirements. 
(3) LINK
TO
EMPLOYMENT
OPPORTUNITIES.— 
The career and technical education and training pro-
vided shall be linked to employment opportunities in 
in-demand industry sectors and occupations in the 
State or local area in which the Job Corps center is 
located and, to the extent practicable, in the State or 
local area in which the enrollee intends to seek em-
ployment after graduation. 
(b) ACADEMIC AND CAREER AND TECHNICAL EDU-
CATION AND TRAINING.—The Secretary may arrange for ca-
reer and technical education and training of enrollees 
through local public or private educational agencies, career 
and technical educational institutions, technical institutes,
335 
† HR 803 EAS 
or national service providers, whenever such entities provide 
education and training substantially equivalent in cost and 
quality to that which the Secretary could provide through 
other means. 
(c) ADVANCED CAREER TRAINING PROGRAMS.— 
(1) IN GENERAL.—The Secretary may arrange 
for programs of advanced career training for selected 
enrollees in which the enrollees may continue to par-
ticipate for a period of not to exceed 1 year in addi-
tion to the period of participation to which the enroll-
ees would otherwise be limited. The advanced career 
training may be provided through the eligible pro-
viders of training services identified under section 
122. 
(2) BENEFITS.—During the period of participa-
tion in an advanced career training program, an en-
rollee shall be eligible for full Job Corps benefits, or 
a monthly stipend equal to the average value of the 
residential support, food, allowances, and other bene-
fits provided to enrollees assigned to residential Job 
Corps centers. 
(3) DEMONSTRATION.—The Secretary shall de-
velop standards by which any operator seeking to en-
roll additional enrollees in an advanced career train-
336 
† HR 803 EAS 
ing program shall demonstrate, before the operator 
may carry out such additional enrollment, that— 
(A) participants in such program have 
achieved a satisfactory rate of completion and 
placement in training-related jobs; and 
(B) for the most recently preceding 2 pro-
gram years, such operator has, on average, met 
or exceeded the expected levels of performance 
under section 159(c)(1) for each of the primary 
indicators of performance for eligible youth de-
scribed in section 116(b)(2)(A)(ii). 
(d) GRADUATE SERVICES.—In order to promote the re-
tention of graduates in employment or postsecondary edu-
cation, the Secretary shall arrange for the provision of job 
placement and support services to graduates for up to 12 
months after the date of graduation. Multiple resources, in-
cluding one-stop partners, may support the provision of 
these services, including services from the State vocational 
rehabilitation agency, to supplement job placement and job 
development efforts for Job Corps graduates who are indi-
viduals with disabilities. 
(e) CHILD CARE.—The Secretary shall, to the extent 
practicable, provide child care at or near Job Corps centers, 
for individuals who require child care for their children in 
order to participate in the Job Corps.
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† HR 803 EAS 
SEC. 149. COUNSELING AND JOB PLACEMENT. 
(a) ASSESSMENT AND COUNSELING.—The Secretary 
shall arrange for assessment and counseling for each en-
rollee at regular intervals to measure progress in the aca-
demic and career and technical education and training pro-
grams carried out through the Job Corps. 
(b) PLACEMENT.—The Secretary shall arrange for as-
sessment and counseling for enrollees prior to their sched-
uled graduations to determine their capabilities and, based 
on their capabilities, shall place the enrollees in employ-
ment leading to economic self-sufficiency for which the en-
rollees are trained or assist the enrollees in participating 
in further activities described in this subtitle. In arranging 
for the placement of graduates in jobs, the Secretary shall 
utilize the one-stop delivery system to the maximum extent 
practicable. 
(c) STATUS AND PROGRESS.—The Secretary shall de-
termine the status and progress of enrollees scheduled for 
graduation and make every effort to assure that their needs 
for further activities described in this subtitle are met. 
(d) SERVICES
TO FORMER ENROLLEES.—The Sec-
retary may provide such services as the Secretary deter-
mines to be appropriate under this subtitle to former enroll-
ees.
338 
† HR 803 EAS 
SEC. 150. SUPPORT. 
(a) PERSONAL ALLOWANCES.—The Secretary may 
provide enrollees assigned to Job Corps centers with such 
personal allowances as the Secretary may determine to be 
necessary or appropriate to meet the needs of the enrollees. 
(b) TRANSITION ALLOWANCES.—The Secretary shall 
arrange for a transition allowance to be paid to graduates. 
The transition allowance shall be incentive-based to reflect 
a graduate’s completion of academic, career and technical 
education or training, and attainment of recognized post-
secondary credentials. 
(c) TRANSITION SUPPORT.—The Secretary may ar-
range for the provision of 3 months of employment services 
for former enrollees. 
SEC. 151. OPERATIONS. 
(a) OPERATING PLAN.—The provisions of the contract 
between the Secretary and an entity selected to operate a 
Job Corps center shall, at a minimum, serve as an oper-
ating plan for the Job Corps center. 
(b) ADDITIONAL INFORMATION.—The Secretary may 
require the operator, in order to remain eligible to operate 
the Job Corps center, to submit such additional information 
as the Secretary may require, which shall be considered 
part of the operating plan.
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† HR 803 EAS 
(c) AVAILABILITY.—The Secretary shall make the oper-
ating plan described in subsections (a) and (b), excluding 
any proprietary information, available to the public. 
SEC. 152. STANDARDS OF CONDUCT. 
(a) PROVISION AND ENFORCEMENT.—The Secretary 
shall provide, and directors of Job Corps centers shall strin-
gently enforce, standards of conduct within the centers. 
Such standards of conduct shall include provisions forbid-
ding the actions described in subsection (b)(2)(A). 
(b) DISCIPLINARY MEASURES.— 
(1) IN GENERAL.—To promote the proper behav-
ioral standards in the Job Corps, the directors of Job 
Corps centers shall have the authority to take appro-
priate disciplinary measures against enrollees if such 
a director determines that an enrollee has committed 
a violation of the standards of conduct. The director 
shall dismiss the enrollee from the Job Corps if the di-
rector determines that the retention of the enrollee in 
the Job Corps will jeopardize the enforcement of such 
standards, threaten the safety of staff, students, or the 
local community, or diminish the opportunities of 
other enrollees. 
(2) ZERO TOLERANCE POLICY AND DRUG TEST-
ING.—
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† HR 803 EAS 
(A) 
GUIDELINES.—The 
Secretary 
shall 
adopt guidelines establishing a zero tolerance 
policy for an act of violence, for use, sale, or pos-
session of a controlled substance, for abuse of al-
cohol, or for other illegal or disruptive activity. 
(B) DRUG TESTING.—The Secretary shall 
require drug testing of all enrollees for controlled 
substances in accordance with procedures pre-
scribed by the Secretary under section 145(a). 
(C) DEFINITIONS.—In this paragraph: 
(i) 
CONTROLLED
SUBSTANCE.—The 
term ‘‘controlled substance’’ has the mean-
ing given the term in section 102 of the 
Controlled Substances Act (21 U.S.C. 802). 
(ii) ZERO
TOLERANCE
POLICY.—The 
term ‘‘zero tolerance policy’’ means a policy 
under which an enrollee shall be automati-
cally dismissed from the Job Corps after a 
determination by the director that the en-
rollee has carried out an action described in 
subparagraph (A). 
(c) APPEAL.—A disciplinary measure taken by a di-
rector under this section shall be subject to expeditious ap-
peal in accordance with procedures established by the Sec-
retary.
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† HR 803 EAS 
SEC. 153. COMMUNITY PARTICIPATION. 
(a) BUSINESS AND COMMUNITY PARTICIPATION.—The 
director of each Job Corps center shall ensure the establish-
ment and development of the mutually beneficial business 
and community relationships and networks described in 
subsection (b), including the use of local boards, in order 
to enhance the effectiveness of such centers. 
(b) NETWORKS.—The activities carried out by each 
Job Corps center under this section shall include— 
(1) establishing and developing relationships and 
networks with— 
(A) local and distant employers, to the ex-
tent practicable, in coordination with entities 
carrying out other Federal and non-Federal pro-
grams that conduct similar outreach to employ-
ers; 
(B) applicable one-stop centers and applica-
ble local boards, for the purpose of providing— 
(i) information to, and referral of, po-
tential enrollees; and 
(ii) job opportunities for Job Corps 
graduates; and 
(C)(i) entities carrying out relevant appren-
ticeship programs and youth programs; 
(ii) labor-management organizations and 
local labor organizations;
342 
† HR 803 EAS 
(iii) employers and contractors that support 
national training contractor programs; and 
(iv) community-based organizations, non- 
profit organizations, and intermediaries pro-
viding workforce development-related services; 
and 
(2) establishing and developing relationships 
with members of the community in which the Job 
Corps center is located, informing members of the 
community about the projects of the Job Corps center 
and changes in the rules, procedures, or activities of 
the center that may affect the community, and plan-
ning events of mutual interest to the community and 
the Job Corps center. 
(c) NEW CENTERS.—The director of a Job Corps center 
that is not yet operating shall ensure the establishment and 
development of the relationships and networks described in 
subsection (b) at least 3 months prior to the date on which 
the center accepts the first enrollee at the center. 
SEC. 154. WORKFORCE COUNCILS. 
(a) IN GENERAL.—Each Job Corps center shall have 
a workforce council, appointed by the director of the center, 
in accordance with procedures established by the Secretary. 
(b) WORKFORCE COUNCIL COMPOSITION.—
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† HR 803 EAS 
(1) IN GENERAL.—A workforce council shall be 
comprised of— 
(A) a majority of members who shall be 
owners of business concerns, chief executives or 
chief operating officers of nongovernmental em-
ployers, or other private sector employers, who— 
(i) have substantial management, hir-
ing, or policy responsibility; and 
(ii) represent businesses with employ-
ment opportunities that reflect the employ-
ment opportunities of the applicable local 
areas in which enrollees will be seeking em-
ployment; 
(B) representatives of labor organizations 
(where present) and representatives of employees; 
and 
(C) enrollees and graduates of the Job 
Corps. 
(2) LOCAL BOARD.—The workforce council may 
include members of the applicable local boards who 
meet the requirements described in paragraph (1). 
(3) EMPLOYERS OUTSIDE OF LOCAL AREA.—The 
workforce council for a Job Corps center may include, 
or otherwise provide for consultation with, employers 
from outside the local area who are likely to hire a
344 
† HR 803 EAS 
significant number of enrollees from the Job Corps 
center. 
(4) SPECIAL RULE FOR SINGLE STATE LOCAL 
AREAS.—In the case of a single State local area des-
ignated under section 106(d), the workforce council 
shall include a representative of the State Board. 
(c) RESPONSIBILITIES.—The responsibilities of the 
workforce council shall be— 
(1) to work closely with all applicable local 
boards in order to determine, and recommend to the 
Secretary, appropriate career and technical education 
and training for the center; 
(2) to review all the relevant labor market infor-
mation, including related information in the State 
plan or the local plan, to— 
(A) recommend the in-demand industry sec-
tors or occupations in the area in which the Job 
Corps center operates; 
(B) determine the employment opportuni-
ties in the local areas in which the enrollees in-
tend to seek employment after graduation; 
(C) determine the skills and education that 
are necessary to obtain the employment opportu-
nities; and
345 
† HR 803 EAS 
(D) recommend to the Secretary the type of 
career and technical education and training that 
should be implemented at the center to enable the 
enrollees to obtain the employment opportunities; 
and 
(3) to meet at least once every 6 months to re-
evaluate the labor market information, and other rel-
evant information, to determine, and recommend to 
the Secretary, any necessary changes in the career 
and technical education and training provided at the 
center. 
(d) NEW CENTERS.—The workforce council for a Job 
Corps center that is not yet operating shall carry out the 
responsibilities described in subsection (c) at least 3 months 
prior to the date on which the center accepts the first en-
rollee at the center. 
SEC. 155. ADVISORY COMMITTEES. 
The Secretary may establish and use advisory commit-
tees in connection with the operation of the Job Corps pro-
gram, and the operation of Job Corps centers, whenever the 
Secretary determines that the availability of outside advice 
and counsel on a regular basis would be of substantial ben-
efit in identifying and overcoming problems, in planning 
program or center development, or in strengthening rela-
346 
† HR 803 EAS 
tionships between the Job Corps and agencies, institutions, 
or groups engaged in related activities. 
SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL AS-
SISTANCE. 
(a) PROJECTS.—The Secretary may carry out experi-
mental, research, or demonstration projects relating to car-
rying out the Job Corps program. The Secretary may waive 
any provisions of this subtitle that the Secretary finds 
would prevent the Secretary from carrying out the projects 
if the Secretary informs the Committee on Education and 
the Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate, in writing, not less than 90 days in advance of 
issuing such waiver. 
(b) TECHNICAL ASSISTANCE.—From the funds pro-
vided under section 162 (for the purposes of administra-
tion), the Secretary may reserve 1⁄4 of 1 percent to provide, 
directly or through grants, contracts, or other agreements 
or arrangements as the Secretary considers appropriate, 
technical assistance for the Job Corps program for the pur-
pose of improving program quality. Such assistance shall 
include— 
(1) assisting Job Corps centers and programs— 
(A) in correcting deficiencies under, and 
violations of, this subtitle;
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† HR 803 EAS 
(B) in meeting or exceeding the expected 
levels of performance under section 159(c)(1) for 
the indicators of performance described in sec-
tion 116(b)(2)(A); 
(C) in the development of sound manage-
ment practices, including financial management 
procedures; and 
(2) assisting entities, including entities not cur-
rently operating a Job Corps center, in developing the 
additional selection factors information described in 
section 147(a)(3). 
SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW. 
(a) ENROLLEES NOT CONSIDERED TO BE FEDERAL 
EMPLOYEES.— 
(1) IN GENERAL.—Except as otherwise provided 
in this subsection and in section 8143(a) of title 5, 
United States Code, enrollees shall not be considered 
to be Federal employees and shall not be subject to the 
provisions of law relating to Federal employment, in-
cluding such provisions regarding hours of work, rates 
of compensation, leave, unemployment compensation, 
and Federal employee benefits. 
(2) PROVISIONS RELATING TO TAXES AND SOCIAL 
SECURITY BENEFITS.—For purposes of the Internal 
Revenue Code of 1986 and title II of the Social Secu-
348 
† HR 803 EAS 
rity Act (42 U.S.C. 401 et seq.), enrollees shall be 
deemed to be employees of the United States and any 
service performed by an individual as an enrollee 
shall be deemed to be performed in the employ of the 
United States. 
(3) PROVISIONS RELATING TO COMPENSATION TO 
FEDERAL
EMPLOYEES
FOR
WORK
INJURIES.—For 
purposes of subchapter I of chapter 81 of title 5, 
United States Code (relating to compensation to Fed-
eral employees for work injuries), enrollees shall be 
deemed to be civil employees of the Government of the 
United States within the meaning of the term ‘‘em-
ployee’’ as defined in section 8101 of title 5, United 
States Code, and the provisions of such subchapter 
shall apply as specified in section 8143(a) of title 5, 
United States Code. 
(4) FEDERAL
TORT
CLAIMS
PROVISIONS.—For 
purposes of the Federal tort claims provisions in title 
28, United States Code, enrollees shall be considered 
to be employees of the Government. 
(b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the 
Secretary finds a claim for damages to a person or property 
resulting from the operation of the Job Corps to be a proper 
charge against the United States, and the claim is not cog-
nizable under section 2672 of title 28, United States Code,
349 
† HR 803 EAS 
the Secretary may adjust and settle the claim in an amount 
not exceeding $1,500. 
(c) PERSONNEL OF THE UNIFORMED SERVICES.—Per-
sonnel of the uniformed services who are detailed or as-
signed to duty in the performance of agreements made by 
the Secretary for the support of the Job Corps shall not be 
counted in computing strength under any law limiting the 
strength of such services or in computing the percentage au-
thorized by law for any grade in such services. 
SEC. 158. SPECIAL PROVISIONS. 
(a) ENROLLMENT.—The Secretary shall ensure that 
women and men have an equal opportunity to participate 
in the Job Corps program, consistent with section 145. 
(b) 
STUDIES, 
EVALUATIONS, 
PROPOSALS, 
AND 
DATA.—The Secretary shall assure that all studies, evalua-
tions, proposals, and data produced or developed with Fed-
eral funds in the course of carrying out the Job Corps pro-
gram shall become the property of the United States. 
(c) TRANSFER OF PROPERTY.— 
(1) IN GENERAL.—Notwithstanding chapter 5 of 
title 40, United States Code, and any other provision 
of law, the Secretary and the Secretary of Education 
shall receive priority by the Secretary of Defense for 
the direct transfer, on a nonreimbursable basis, of the 
property described in paragraph (2) for use in car-
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† HR 803 EAS 
rying out programs under this Act or under any 
other Act. 
(2) PROPERTY.—The property described in this 
paragraph is real and personal property under the 
control of the Department of Defense that is not used 
by such Department, including property that the Sec-
retary of Defense determines is in excess of current 
and projected requirements of such Department. 
(d) GROSS RECEIPTS.—Transactions conducted by a 
private for-profit or nonprofit entity that is an operator 
or service provider for a Job Corps center shall not be con-
sidered to be generating gross receipts. Such an operator 
or service provider shall not be liable, directly or indirectly, 
to any State or subdivision of a State (nor to any person 
acting on behalf of such a State or subdivision) for any 
gross receipts taxes, business privilege taxes measured by 
gross receipts, or any similar taxes imposed on, or meas-
ured by, gross receipts in connection with any payments 
made to or by such entity for operating or providing serv-
ices to a Job Corps center. Such an operator or service pro-
vider shall not be liable to any State or subdivision of a 
State to collect or pay any sales, excise, use, or similar tax 
imposed on the sale to or use by such operator or service 
provider of any property, service, or other item in connec-
351 
† HR 803 EAS 
tion with the operation of or provision of services to a Job 
Corps center. 
(e) MANAGEMENT FEE.—The Secretary shall provide 
each operator and (in an appropriate case, as determined 
by the Secretary) service provider with an equitable and 
negotiated management fee of not less than 1 percent of the 
amount of the funding provided under the appropriate 
agreement specified in section 147. 
(f) DONATIONS.—The Secretary may accept on behalf 
of the Job Corps or individual Job Corps centers charitable 
donations of cash or other assistance, including equipment 
and materials, if such donations are available for appro-
priate use for the purposes set forth in this subtitle. 
(g) SALE OF PROPERTY.—Notwithstanding any other 
provision of law, if the Administrator of General Services 
sells a Job Corps center facility, the Administrator shall 
transfer the proceeds from the sale to the Secretary, who 
shall use the proceeds to carry out the Job Corps program. 
SEC. 159. MANAGEMENT INFORMATION. 
(a) FINANCIAL
MANAGEMENT
INFORMATION
SYS-
TEM.— 
(1) IN GENERAL.—The Secretary shall establish 
procedures to ensure that each operator, and each 
service provider, maintains a financial management 
information system that will provide—
352 
† HR 803 EAS 
(A) accurate, complete, and current disclo-
sures of the costs of Job Corps operations; and 
(B) sufficient data for the effective evalua-
tion of activities carried out through the Job 
Corps program. 
(2) ACCOUNTS.—Each operator and service pro-
vider shall maintain funds received under this sub-
title in accounts in a manner that ensures timely and 
accurate reporting as required by the Secretary. 
(3) FISCAL
RESPONSIBILITY.—Operators shall 
remain fiscally responsible and control costs, regard-
less of whether the funds made available for Job Corps 
centers are incrementally increased or decreased be-
tween fiscal years. 
(b) AUDIT.— 
(1) ACCESS.—The Secretary, the Inspector Gen-
eral of the Department of Labor, the Comptroller Gen-
eral of the United States, and any of their duly au-
thorized representatives, shall have access to any 
books, documents, papers, and records of the operators 
and service providers described in subsection (a) that 
are pertinent to the Job Corps program, for purposes 
of conducting surveys, audits, and evaluations of the 
operators and service providers.
354 
† HR 803 EAS 
committed to the program for 90 days after en-
rollment; and 
(B) the measurements described in subpara-
graphs (I), (L), and (M) of subsection (d)(1). 
(3) PERFORMANCE
OF
CAREER
TRANSITION 
SERVICE PROVIDERS.—The Secretary shall also estab-
lish performance indicators, and expected perform-
ance levels on the performance indicators, for career 
transition service providers serving the Job Corps 
program. The performance indicators shall relate to— 
(A) the primary indicators of performance 
for 
eligible 
youth 
described 
in 
section 
116(b)(2)(A)(ii); and 
(B) the measurements described in subpara-
graphs (D), (E), (H), (J), and (K) of subsection 
(d)(1). 
(4) REPORT.—The Secretary shall collect, and 
annually submit to the Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate, a report including— 
(A) information on the performance of each 
Job Corps center, and the Job Corps program, 
based on the performance indicators described in 
paragraph (1), as compared to the expected level
355 
† HR 803 EAS 
of performance established under such paragraph 
for each performance indicator; and 
(B) information on the performance of the 
service providers described in paragraphs (2) 
and (3) on the performance indicators estab-
lished under such paragraphs, as compared to 
the expected level of performance established for 
each performance indicator. 
(d) ADDITIONAL INFORMATION.— 
(1) IN GENERAL.—The Secretary shall also col-
lect, and submit in the report described in subsection 
(c)(4), information on the performance of each Job 
Corps center, and the Job Corps program, regard-
ing— 
(A) the number of enrollees served; 
(B) demographic information on the enroll-
ees served, including age, race, gender, and edu-
cation and income level; 
(C) the number of graduates of a Job Corps 
center; 
(D) the number of graduates who entered 
the Armed Forces; 
(E) the number of graduates who entered 
apprenticeship programs;
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† HR 803 EAS 
(F) the number of graduates who received a 
regular secondary school diploma; 
(G) the number of graduates who received a 
State recognized equivalent of a secondary school 
diploma; 
(H) the number of graduates who entered 
unsubsidized employment related to the career 
and technical education and training received 
through the Job Corps program and the number 
who entered unsubsidized employment not re-
lated to the education and training received; 
(I) the percentage and number of former en-
rollees, including the number dismissed under 
the zero tolerance policy described in section 
152(b); 
(J) the percentage and number of graduates 
who enter postsecondary education; 
(K) the average wage of graduates who enter 
unsubsidized employment— 
(i) on the first day of such employ-
ment; and 
(ii) on the day that is 6 months after 
such first day; 
(L) the percentages of enrollees described in 
subparagraphs (A) and (B) of section 145(c)(1),
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† HR 803 EAS 
as compared to the percentage targets established 
by the Secretary under such section for the cen-
ter; 
(M) the cost per enrollee, which is calculated 
by comparing the number of enrollees at the cen-
ter in a program year to the total budget for 
such center in the same program year; 
(N) the cost per graduate, which is cal-
culated by comparing the number of graduates of 
the center in a program year compared to the 
total budget for such center in the same program 
year; and 
(O) any additional information required by 
the Secretary. 
(2) RULES
FOR
REPORTING
OF
DATA.—The 
disaggregation of data under this subsection shall not 
be required when the number of individuals in a cat-
egory is insufficient to yield statistically reliable in-
formation or when the results would reveal personally 
identifiable information about an individual. 
(e) METHODS.—The Secretary shall collect the infor-
mation described in subsections (c) and (d), using methods 
described in section 116(i)(2) and consistent with State law, 
by entering into agreements with the States to access such
358 
† HR 803 EAS 
data for Job Corps enrollees, former enrollees, and grad-
uates. 
(f) PERFORMANCE
ASSESSMENTS
AND
IMPROVE-
MENTS.— 
(1) ASSESSMENTS.—The Secretary shall conduct 
an annual assessment of the performance of each Job 
Corps center. Based on the assessment, the Secretary 
shall take measures to continuously improve the per-
formance of the Job Corps program. 
(2) PERFORMANCE IMPROVEMENT.—With respect 
to a Job Corps center that fails to meet the expected 
levels of performance relating to the primary indica-
tors of performance specified in subsection (c)(1), the 
Secretary shall develop and implement a performance 
improvement plan. Such a plan shall require action 
to be taken during a 1-year period, including— 
(A) providing technical assistance to the 
center; 
(B) changing the career and technical edu-
cation and training offered at the center; 
(C) changing the management staff of the 
center; 
(D) replacing the operator of the center; 
(E) reducing the capacity of the center; 
(F) relocating the center; or
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† HR 803 EAS 
(G) closing the center. 
(3) ADDITIONAL PERFORMANCE IMPROVEMENT.— 
In addition to the performance improvement plans re-
quired under paragraph (2), the Secretary may de-
velop and implement additional performance im-
provement plans. Such a plan shall require improve-
ments, including the actions described in such para-
graph, for a Job Corps center that fails to meet cri-
teria established by the Secretary other than the ex-
pected levels of performance described in such para-
graph. 
(4) CIVILIAN CONSERVATION CENTERS.—With re-
spect to a Civilian Conservation Center that fails to 
meet the expected levels of performance relating to the 
primary indicators of performance specified in sub-
section (c)(1) or fails to improve performance as de-
scribed in paragraph (2) after 3 program years, the 
Secretary, in consultation with the Secretary of Agri-
culture, shall select an entity to operate the Civilian 
Conservation Center on a competitive basis, in ac-
cordance with the requirements of section 147. 
(g) PARTICIPANT HEALTH AND SAFETY.— 
(1) CENTER.—The Secretary shall ensure that a 
review by an appropriate Federal, State, or local en-
360 
† HR 803 EAS 
tity of the physical condition and health-related ac-
tivities of each Job Corps center occurs annually. 
(2) WORK-BASED
LEARNING
LOCATIONS.—The 
Secretary shall require that an entity that has entered 
into a contract to provide work-based learning activi-
ties for any Job Corps enrollee under this subtitle 
shall comply with the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.) or, as ap-
propriate, under the corresponding State Occupa-
tional Safety and Health Act of 1970 requirements in 
the State in which such activities occur. 
(h) BUILDINGS AND FACILITIES.—The Secretary shall 
collect, and submit in the report described in subsection 
(c)(4), information regarding the state of Job Corps build-
ings and facilities. Such report shall include— 
(1) a review of requested construction, rehabilita-
tion, and acquisition projects, by each Job Corps cen-
ter; and 
(2) a review of new facilities under construction. 
(i) NATIONAL AND COMMUNITY SERVICE.—The Sec-
retary shall include in the report described in subsection 
(c)(4) available information regarding the national and 
community service activities of enrollees, particularly those 
enrollees at Civilian Conservation Centers.
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† HR 803 EAS 
(j) CLOSURE OF JOB CORPS CENTER.—Prior to the 
closure of any Job Corps center, the Secretary shall en-
sure— 
(1) that the proposed decision to close the center 
is announced in advance to the general public 
through publication in the Federal Register or other 
appropriate means; 
(2) the establishment of a reasonable comment 
period, not to exceed 30 days, for interested individ-
uals to submit written comments to the Secretary; 
and 
(3) that the Member of Congress who represents 
the district in which such center is located is notified 
within a reasonable period of time in advance of any 
final decision to close the center. 
SEC. 160. GENERAL PROVISIONS. 
The Secretary is authorized to— 
(1) disseminate, with regard to the provisions of 
section 3204 of title 39, United States Code, data and 
information in such forms as the Secretary shall de-
termine to be appropriate, to public agencies, private 
organizations, and the general public; 
(2) subject to section 157(b), collect or com-
promise all obligations to or held by the Secretary 
and exercise all legal or equitable rights accruing to
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the Secretary in connection with the payment of obli-
gations until such time as such obligations may be re-
ferred to the Attorney General for suit or collection; 
and 
(3) expend funds made available for purposes of 
this subtitle— 
(A) for printing and binding, in accordance 
with applicable law (including regulation); and 
(B) without regard to any other law (in-
cluding regulation), for rent of buildings and 
space in buildings and for repair, alteration, 
and improvement of buildings and space in 
buildings rented by the Secretary, except that the 
Secretary shall not expend funds under the au-
thority of this subparagraph— 
(i) except when necessary to obtain an 
item, service, or facility, that is required in 
the proper administration of this subtitle, 
and that otherwise could not be obtained, or 
could not be obtained in the quantity or 
quality needed, or at the time, in the form, 
or under the conditions in which the item, 
service, or facility is needed; and 
(ii) prior to having given written noti-
fication to the Administrator of General
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Services (if the expenditure would affect an 
activity that otherwise would be under the 
jurisdiction of the General Services Admin-
istration) of the intention of the Secretary 
to make the expenditure, and the reasons 
and justifications for the expenditure. 
SEC. 161. JOB CORPS OVERSIGHT AND REPORTING. 
(a) TEMPORARY FINANCIAL REPORTING.— 
(1) IN GENERAL.—During the periods described 
in paragraphs (2) and (3)(B), the Secretary shall 
prepare and submit to the applicable committees fi-
nancial reports regarding the Job Corps program 
under this subtitle. Each such financial report shall 
include— 
(A) information regarding the implementa-
tion of the financial oversight measures suggested 
in the May 31, 2013, report of the Office of In-
spector General of the Department of Labor enti-
tled ‘‘The U.S. Department of Labor’s Employ-
ment and Training Administration Needs to 
Strengthen Controls over Job Corps Funds’’; 
(B) a description of any budgetary short-
falls for the program for the period covered by 
the financial report, and the reasons for such 
shortfalls; and
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(C) a description and explanation for any 
approval for contract expenditures that are in 
excess of the amounts provided for under the con-
tract. 
(2) TIMING OF REPORTS.—The Secretary shall 
submit a financial report under paragraph (1) once 
every 6 months beginning on the date of enactment of 
this Act, for a 3-year period. After the completion of 
such 3-year period, the Secretary shall submit a fi-
nancial report under such paragraph once a year for 
the next 2 years, unless additional reports are re-
quired under paragraph (3)(B). 
(3) REPORTING
REQUIREMENTS
IN
CASES
OF 
BUDGETARY
SHORTFALLS.—If any financial report 
required under this subsection finds that the Job 
Corps program under this subtitle has a budgetary 
shortfall for the period covered by the report, the Sec-
retary shall— 
(A) not later than 90 days after the budg-
etary shortfall was identified, submit a report to 
the applicable committees explaining how the 
budgetary shortfall will be addressed; and 
(B) submit an additional financial report 
under paragraph (1) for each 6-month period 
subsequent to the finding of the budgetary short-
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fall until the Secretary demonstrates, through 
such report, that the Job Corps program has no 
budgetary shortfall. 
(b) THIRD-PARTY REVIEW.—Every 5 years after the 
date of enactment of this Act, the Secretary shall provide 
for a third-party review of the Job Corps program under 
this subtitle that addresses all of the areas described in sub-
paragraphs (A) through (G) of section 169(a)(2). The re-
sults of the review shall be submitted to the Committee on 
Education and the Workforce of the House of Representa-
tives and the Committee on Health, Education, Labor, and 
Pensions of the Senate. 
(c) CRITERIA FOR JOB CORPS CENTER CLOSURES.— 
By not later than December 1, 2014, the Secretary shall 
establish written criteria that the Secretary shall use to de-
termine when a Job Corps center supported under this sub-
title is to be closed and how to carry out such closure, and 
shall submit such criteria to the applicable committees. 
(d) DEFINITION
OF APPLICABLE COMMITTEES.—In 
this section, the term ‘‘applicable committees’’ means— 
(1) the Committee on Education and the Work-
force of the House of Representatives; 
(2) the Subcommittee on Labor, Health and 
Human Services, Education, and Related Agencies of
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the Committee of Appropriations of the House of Rep-
resentatives; 
(3) the Committee on Health, Education, Labor, 
and Pensions of the Senate; and 
(4) the Subcommittee on Labor, Health and 
Human Services, Education, and Related Agencies of 
the Committee of Appropriations of the Senate. 
SEC. 162. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this subtitle— 
(1) $1,688,155,000 for fiscal year 2015; 
(2) $1,818,548,000 for fiscal year 2016; 
(3) $1,856,283,000 for fiscal year 2017; 
(4) $1,897,455,000 for fiscal year 2018; 
(5) $1,942,064,000 for fiscal year 2019; and 
(6) $1,983,236,000 for fiscal year 2020. 
Subtitle D—National Programs 
SEC. 166. NATIVE AMERICAN PROGRAMS. 
(a) PURPOSE.— 
(1) IN GENERAL.—The purpose of this section is 
to support employment and training activities for In-
dian, Alaska Native, and Native Hawaiian individ-
uals in order—
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(A) to develop more fully the academic, oc-
cupational, and literacy skills of such individ-
uals; 
(B) to make such individuals more competi-
tive in the workforce and to equip them with the 
entrepreneurial skills necessary for successful 
self-employment; and 
(C) to promote the economic and social de-
velopment of Indian, Alaska Native, and Native 
Hawaiian communities in accordance with the 
goals and values of such communities. 
(2) INDIAN
POLICY.—All programs assisted 
under this section shall be administered in a manner 
consistent with the principles of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
450 et seq.) and the government-to-government rela-
tionship between the Federal Government and Indian 
tribal governments. 
(b) DEFINITIONS.—As used in this section: 
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ 
includes a Native and a descendant of a Native, as 
such terms are defined in subsections (b) and (r) of 
section 3 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602(b), (r)).
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(2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANI-
ZATION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, and 
‘‘tribal organization’’ have the meanings given such 
terms in subsections (d), (e), and (l), respectively, of 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
(3) NATIVE HAWAIIAN AND NATIVE HAWAIIAN OR-
GANIZATION.—The terms ‘‘Native Hawaiian’’ and 
‘‘Native Hawaiian organization’’ have the meanings 
given such terms in section 7207 of the Native Ha-
waiian Education Act (20 U.S.C. 7517). 
(c) PROGRAM AUTHORIZED.—Every 4 years, the Sec-
retary shall, on a competitive basis, make grants to, or enter 
into contracts or cooperative agreements with, Indian 
tribes, tribal organizations, Alaska Native entities, Indian- 
controlled organizations serving Indians, or Native Hawai-
ian organizations to carry out the authorized activities de-
scribed in subsection (d). 
(d) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—Funds made available under 
subsection (c) shall be used to carry out the activities 
described in paragraph (2) that— 
(A) are consistent with this section; and 
(B) are necessary to meet the needs of Indi-
ans, Alaska Natives, or Native Hawaiians pre-
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paring to enter, reenter, or retain unsubsidized 
employment leading to self-sufficiency. 
(2) WORKFORCE DEVELOPMENT ACTIVITIES AND 
SUPPLEMENTAL SERVICES.— 
(A) IN
GENERAL.—Funds made available 
under subsection (c) shall be used for— 
(i) comprehensive workforce develop-
ment activities for Indians, Alaska Natives, 
or Native Hawaiians, including training on 
entrepreneurial skills; or 
(ii) supplemental services for Indian, 
Alaska Native, or Native Hawaiian youth 
on or near Indian reservations and in 
Oklahoma, Alaska, or Hawaii. 
(B) SPECIAL RULE.—Notwithstanding any 
other provision of this section, individuals who 
were eligible to participate in programs under 
section 401 of the Job Training Partnership Act 
(as such section was in effect on the day before 
the date of enactment of the Workforce Invest-
ment Act of 1998) shall be eligible to participate 
in an activity assisted under this section. 
(e) PROGRAM PLAN.—In order to receive a grant or 
enter into a contract or cooperative agreement under this 
section, an entity described in subsection (c) shall submit
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to the Secretary a program plan that describes a 4-year 
strategy for meeting the needs of Indian, Alaska Native, or 
Native Hawaiian individuals, as appropriate, in the area 
served by such entity. Such plan shall— 
(1) be consistent with the purpose of this section; 
(2) identify the population to be served; 
(3) identify the education and employment needs 
of the population to be served and the manner in 
which the activities to be provided will strengthen the 
ability of the individuals served to obtain or retain 
unsubsidized employment leading to self-sufficiency; 
(4) describe the activities to be provided and the 
manner in which such activities are to be integrated 
with other appropriate activities; and 
(5) describe, after the entity submitting the plan 
consults with the Secretary, the performance account-
ability measures to be used to assess the performance 
of entities in carrying out the activities assisted 
under this section, which shall include the primary 
indicators of performance described in section 
116(b)(2)(A) and expected levels of performance for 
such indicators, in accordance with subsection (h). 
(f) CONSOLIDATION OF FUNDS.—Each entity receiving 
assistance under subsection (c) may consolidate such assist-
ance with assistance received from related programs in ac-
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cordance with the provisions of the Indian Employment, 
Training and Related Services Demonstration Act of 1992 
(25 U.S.C. 3401 et seq.). 
(g) NONDUPLICATIVE
AND
NONEXCLUSIVE
SERV-
ICES.—Nothing in this section shall be construed— 
(1) to limit the eligibility of any entity described 
in subsection (c) to participate in any activity offered 
by a State or local entity under this Act; or 
(2) to preclude or discourage any agreement, be-
tween any entity described in subsection (c) and any 
State or local entity, to facilitate the provision of 
services by such entity or to the population served by 
such entity. 
(h) PERFORMANCE ACCOUNTABILITY MEASURES.— 
(1) ADDITIONAL PERFORMANCE INDICATORS AND 
STANDARDS.— 
(A) DEVELOPMENT
OF
INDICATORS
AND 
STANDARDS.—The Secretary, in consultation 
with the Native American Employment and 
Training Council, shall develop a set of perform-
ance indicators and standards that is in addi-
tion to the primary indicators of performance 
described in section 116(b)(2)(A) and that shall 
be applicable to programs under this section.
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(B) SPECIAL CONSIDERATIONS.—Such per-
formance indicators and standards shall take 
into account— 
(i) the purpose of this section as de-
scribed in subsection (a)(1); 
(ii) the needs of the groups served by 
this section, including the differences in 
needs among such groups in various geo-
graphic service areas; and 
(iii) the economic circumstances of the 
communities served, including differences in 
circumstances among various geographic 
service areas. 
(2) AGREEMENT ON ADJUSTED LEVELS OF PER-
FORMANCE.—The Secretary and the entity described 
in subsection (c) shall reach agreement on the levels 
of performance for each of the primary indicators of 
performance described in section 116(b)(2)(A), taking 
into account economic conditions, characteristics of 
the individuals served, and other appropriate factors 
and using, to the extent practicable, the statistical ad-
justment model under section 116(b)(3)(A)(viii). The 
levels agreed to shall be the adjusted levels of perform-
ance and shall be incorporated in the program plan. 
(i) ADMINISTRATIVE PROVISIONS.—
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(1) ORGANIZATIONAL UNIT ESTABLISHED.—The 
Secretary shall designate a single organizational unit 
within the Department of Labor that shall have pri-
mary responsibility for the administration of the ac-
tivities authorized under this section. 
(2) REGULATIONS.—The Secretary shall consult 
with the entities described in subsection (c) in— 
(A) establishing regulations to carry out 
this section, including regulations relating to the 
performance accountability measures for entities 
receiving assistance under this section; and 
(B) developing a funding distribution plan 
that takes into consideration previous levels of 
funding (prior to the date of enactment of this 
Act) to such entities. 
(3) WAIVERS.— 
(A) IN GENERAL.—With respect to an entity 
described in subsection (c), the Secretary, not-
withstanding any other provision of law, may, 
pursuant to a request submitted by such entity 
that meets the requirements established under 
subparagraph (B), waive any of the statutory or 
regulatory requirements of this title that are in-
consistent with the specific needs of the entity de-
scribed in such subsection, except that the Sec-
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retary may not waive requirements relating to 
wage and labor standards, worker rights, partici-
pation and protection of workers and partici-
pants, grievance procedures, and judicial review. 
(B) REQUEST AND APPROVAL.—An entity 
described in subsection (c) that requests a waiver 
under subparagraph (A) shall submit a plan to 
the Secretary to improve the program of work-
force investment activities carried out by the en-
tity, which plan shall meet the requirements es-
tablished by the Secretary and shall be generally 
consistent with the requirements of section 
189(i)(3)(B). 
(4) ADVISORY COUNCIL.— 
(A) IN GENERAL.—Using funds made avail-
able to carry out this section, the Secretary shall 
establish a Native American Employment and 
Training Council to facilitate the consultation 
described in paragraph (2) and to provide the 
advice described in subparagraph (C). 
(B) COMPOSITION.—The Council shall be 
composed of individuals, appointed by the Sec-
retary, who are representatives of the entities de-
scribed in subsection (c).
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(C) DUTIES.—The Council shall advise the 
Secretary on the operation and administration 
of the programs assisted under this section, in-
cluding the selection of the individual appointed 
as head of the unit established under paragraph 
(1). 
(D) PERSONNEL MATTERS.— 
(i) COMPENSATION
OF
MEMBERS.— 
Members of the Council shall serve without 
compensation. 
(ii) TRAVEL EXPENSES.—The members 
of the Council shall be allowed travel ex-
penses, including per diem in lieu of sub-
sistence, at rates authorized 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 busi-
ness in the performance of services for the 
Council. 
(iii) ADMINISTRATIVE SUPPORT.—The 
Secretary shall provide the Council with 
such administrative support as may be nec-
essary to perform the functions of the Coun-
cil.
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(E) CHAIRPERSON.—The Council shall se-
lect a chairperson from among its members. 
(F) MEETINGS.—The Council shall meet not 
less than twice each year. 
(G) APPLICATION.—Section 14 of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Council. 
(5) TECHNICAL
ASSISTANCE.—The Secretary, 
acting through the unit established under paragraph 
(1), is authorized to provide technical assistance to 
entities described in subsection (c) that receive assist-
ance under such subsection to enable such entities to 
improve the activities authorized under this section 
that are provided by such entities. 
(6) AGREEMENT FOR CERTAIN FEDERALLY REC-
OGNIZED
INDIAN
TRIBES
TO
TRANSFER
FUNDS
TO 
THE PROGRAM.—A federally recognized Indian tribe 
that administers funds provided under this section 
and funds provided by more than one State under 
other sections of this title may enter into an agree-
ment with the Secretary and the Governors of the af-
fected States to transfer the funds provided by the 
States to the program administered by the tribe under 
this section.
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(j) COMPLIANCE WITH SINGLE AUDIT REQUIRE-
MENTS; RELATED REQUIREMENT.—Grants made and con-
tracts and cooperative agreements entered into under this 
section shall be subject to the requirements of chapter 75 
of subtitle V of title 31, United States Code, and charging 
of costs under this section shall be subject to appropriate 
circulars issued by the Office of Management and Budget. 
(k) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA 
AND HAWAII.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, the Secretary is authorized to award 
grants, on a competitive basis, to entities with dem-
onstrated experience and expertise in developing and 
implementing programs for the unique populations 
who reside in Alaska or Hawaii, including public 
and private nonprofit organizations, tribal organiza-
tions, American Indian tribal colleges or universities, 
institutions of higher education, or consortia of such 
organizations or institutions, to improve job training 
and workforce investment activities for such unique 
populations. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
(A) $461,000 for fiscal year 2015;
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(B) $497,000 for fiscal year 2016; 
(C) $507,000 for fiscal year 2017; 
(D) $518,000 for fiscal year 2018; 
(E) $530,000 for fiscal year 2019; and 
(F) $542,000 for fiscal year 2020. 
SEC. 167. MIGRANT AND SEASONAL FARMWORKER PRO-
GRAMS. 
(a) IN GENERAL.—Every 4 years, the Secretary shall, 
on a competitive basis, make grants to, or enter into con-
tracts with, eligible entities to carry out the activities de-
scribed in subsection (d). 
(b) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant or enter into a contract under this section, an entity 
shall have an understanding of the problems of eligible mi-
grant and seasonal farmworkers (including dependents), a 
familiarity with the area to be served, and the ability to 
demonstrate a capacity to administer and deliver effectively 
a diversified program of workforce investment activities 
(including youth workforce investment activities) and re-
lated assistance for eligible migrant and seasonal farm-
workers. 
(c) PROGRAM PLAN.— 
(1) IN
GENERAL.—To be eligible to receive a 
grant or enter into a contract under this section, an 
entity described in subsection (b) shall submit to the
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Secretary a plan that describes a 4-year strategy for 
meeting the needs of eligible migrant and seasonal 
farmworkers in the area to be served by such entity. 
(2) CONTENTS.—Such plan shall— 
(A) describe the population to be served and 
identify the education and employment needs of 
the population to be served and the manner in 
which the services to be provided will strengthen 
the ability of the eligible migrant and seasonal 
farmworkers and dependents to obtain or retain 
unsubsidized employment, or stabilize their un-
subsidized employment, including upgraded em-
ployment in agriculture; 
(B) describe the related assistance and sup-
portive services to be provided and the manner 
in which such assistance and services are to be 
integrated and coordinated with other appro-
priate services; 
(C) describe the performance accountability 
measures to be used to assess the performance of 
such entity in carrying out the activities assisted 
under this section, which shall include the ex-
pected levels of performance for the primary in-
dicators of performance described in section 
116(b)(2)(A);
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(10) No funds available under this title may be 
used for public service employment except as specifi-
cally authorized under this title. 
(11) The Federal requirements governing the 
title, use, and disposition of real property, equipment, 
and supplies purchased with funds provided under 
this title shall be the corresponding Federal require-
ments generally applicable to such items purchased 
through Federal grants to States and local govern-
ments. 
(12) Nothing in this title shall be construed to 
provide an individual with an entitlement to a serv-
ice under this title. 
(13) Services, facilities, or equipment funded 
under this title may be used, as appropriate, on a fee- 
for-service basis, by employers in a local area in 
order to provide employment and training activities 
to incumbent workers— 
(A) when such services, facilities, or equip-
ment are not in use for the provision of services 
for eligible participants under this title; 
(B) if such use for incumbent workers would 
not have an adverse effect on the provision of 
services to eligible participants under this title; 
and