I 
112TH CONGRESS 
2D SESSION 
H. R. 4227 
To reauthorize the Workforce Investment Act of 1998 to strengthen the 
United States workforce investment system through innovation in, and 
alignment and improvement of, employment, training, and education pro-
grams, and to promote national economic growth, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2012 
Mr. TIERNEY (for himself, Mr. HINOJOSA, and Mr. GEORGE MILLER of Cali-
fornia) introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To reauthorize the Workforce Investment Act of 1998 to 
strengthen the United States workforce investment sys-
tem through innovation in, and alignment and improve-
ment of, employment, training, and education programs, 
and to promote national economic growth, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Workforce Investment Act of 2012’’. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Purposes and principles. 
TITLE I—WORKFORCE INVESTMENT SYSTEMS 
Subtitle A—Definitions 
Sec. 101. Definitions. 
Subtitle B—Statewide and Local Workforce Investment Systems 
Sec. 111. State workforce investment boards and requirements for State plans. 
Sec. 112. State unified plan. 
Sec. 113. Local workforce investment areas and boards. 
Sec. 114. Additional one-stop programs and activities. 
Sec. 115. Providers of training services. 
Sec. 116. Youth activities. 
Sec. 117. Adult and dislocated worker training activities. 
Sec. 118. Unified performance accountability system. 
Sec. 119. Authorization of funding for one-stop infrastructure. 
Subtitle C—Job Corps 
Sec. 131. Purposes. 
Sec. 132. Definitions. 
Sec. 133. Individuals eligible for the Job Corps. 
Sec. 134. Recruitment, screening, selection, and assignment of enrollees. 
Sec. 135. Enrollment. 
Sec. 136. Job Corps centers. 
Sec. 137. Program activities. 
Sec. 138. Support. 
Sec. 139. Community participation. 
Sec. 140. Industry councils. 
Sec. 141. Experimental, research, and demonstration projects and College 
Corps program. 
Sec. 142. Technical amendment. 
Sec. 143. Performance accountability and management. 
Sec. 144. Authorization of appropriations. 
Subtitle D—National Programs 
Sec. 151. Native American programs. 
Sec. 152. Migrant and seasonal farmworker programs. 
Sec. 153. Veterans workforce investment programs. 
Sec. 154. Repeal. 
Sec. 155. Technical assistance. 
Sec. 156. Innovation projects. 
Sec. 157. Workforce and youth innovation and best practices grants. 
Sec. 158. Evaluations. 
Sec. 159. National dislocated worker grants. 
Sec. 160. Youthbuild program. 
Sec. 161. Authorization of appropriations. 
Sec. 162. Transition grants to States. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
Sec. 163. Interagency agreement. 
Subtitle E—Administration 
Sec. 171. Requirements and restrictions. 
Sec. 172. Fiscal controls or sanctions. 
Sec. 173. Reports, recordkeeping, investigations. 
Sec. 174. Administrative provisions. 
Sec. 175. Repeals. 
Sec. 176. General program requirements. 
Sec. 177. Office of Disability Employment Policy. 
Subtitle F—Community College to Career Fund 
Sec. 181. Community College to Career Fund. 
TITLE II—ADULT EDUCATION AND LITERACY 
Sec. 201. Purposes, definitions, and miscellaneous provisions. 
Sec. 202. Amendments to subtitle A. 
Sec. 203. Amendments to subtitle B. 
Sec. 204. Amendments to subtitle C. 
Sec. 205. Amendments to subtitle D. 
TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 
Sec. 301. Employment service offices. 
Sec. 302. Definitions. 
Sec. 303. Federal and State employment service offices. 
Sec. 304. Allotment of sums. 
Sec. 305. Use of sums. 
Sec. 306. State plan. 
Sec. 307. Performance accountability measures. 
Sec. 308. Pilot projects. 
Sec. 309. Labor market information system. 
TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 
Subtitle A—Introductory Provisions 
Sec. 401. References. 
Sec. 402. Findings, purpose, policy. 
Sec. 403. Rehabilitation Services Administration. 
Sec. 404. Definitions. 
Sec. 405. Administration of the Act. 
Sec. 406. Reports. 
Sec. 407. Evaluation. 
Sec. 408. Carryover. 
Sec. 409. Traditionally underserved populations. 
Subtitle B—Vocational Rehabilitation Services 
Sec. 411. Declaration of policy; authorization of appropriations. 
Sec. 412. State plans. 
Sec. 413. Eligibility and individualized plan for employment. 
Sec. 414. Vocational rehabilitation services. 
Sec. 415. State Rehabilitation Council. 
Sec. 416. Performance accountability measures. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
Sec. 417. Monitoring and review. 
Sec. 418. Training and services for employers. 
Sec. 419. State allotments. 
Sec. 420. Client Assistance Program. 
Sec. 421. Technical assistance for quality services. 
Sec. 422. Pre-employment transition services. 
Sec. 423. American Indian vocational rehabilitation services. 
Subtitle C—Research and Training 
Sec. 431. Purpose. 
Sec. 432. Authorization of appropriations. 
Sec. 433. National Institute on Disability and Rehabilitation Research. 
Sec. 434. Interagency Committee. 
Sec. 435. Research and other covered activities. 
Sec. 436. Rehabilitation Research Advisory Council. 
Sec. 437. Definition of covered school. 
Subtitle D—Professional Development and Special Projects and 
Demonstration 
Sec. 441. Training. 
Sec. 442. Demonstration and training programs. 
Sec. 443. Migrant and seasonal farmworkers. 
Sec. 444. Recreational programs. 
Subtitle E—National Council on Disability 
Sec. 451. Report. 
Sec. 452. Authorization of appropriations. 
Subtitle F—Rights and Advocacy 
Sec. 456. Board and Council. 
Sec. 457. Protection and advocacy of individual rights. 
Sec. 458. Standards for accessible medical diagnostic equipment. 
Subtitle G—Employment Opportunities for Individuals With Disabilities 
Sec. 461. Projects with industry. 
Sec. 462. Authorization of appropriations. 
Sec. 463. Supported employment services. 
Subtitle H—Independent Living Services and Centers for Independent Living 
CHAPTER 1—GENERAL PROVISIONS 
Sec. 471. Purpose. 
Sec. 472. Independent Living Administration. 
Sec. 473. Definitions. 
Sec. 474. State plan. 
Sec. 475. Statewide Independent Living Council. 
Sec. 476. Responsibilities of the ILA Director. 
CHAPTER 2—INDEPENDENT LIVING SERVICES 
Sec. 477. Administration. 
CHAPTER 3—CENTERS FOR INDEPENDENT LIVING 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
Sec. 481. Program authorization. 
Sec. 482. Centers. 
Sec. 483. Standards and assurances. 
Sec. 484. Authorization of appropriations. 
CHAPTER 4—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS 
WHO ARE BLIND 
Sec. 486. Independent living services for older individuals who are blind. 
Sec. 487. Program of grants. 
Sec. 488. Independent living services for older individuals who are blind author-
ization of appropriations. 
Subtitle I—Increasing Employment Opportunities for Individuals With 
Disabilities 
Sec. 491. Disability employment. 
Sec. 492. Table of contents. 
SEC. 2. PURPOSES AND PRINCIPLES. 
The purposes of this Act include the following: 
(1) To increase economic growth by improving 
the education and skills of American workers. 
(2) To ensure middle class prosperity through 
strong investment in talent and workforce develop-
ment. 
(3) To prepare the unemployed, the under-
employed, and those most disadvantaged with skills 
to match up with employer needs. 
(4) To provide individuals streamlined access to 
in-demand skills training and employment services 
by aligning education, training and workforce invest-
ment programs. 
(5) To strengthen engagement with employers 
in in-demand industries and all sectors to meet the 
needs of employers. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(6) To improve the competitiveness and dyna-
mism of the Nation’s future workforce by investing 
in college and career-ready pathways for young 
adults. 
(7) To ensure accountability and efficiency 
through 
system 
performance 
measures 
that 
incentivize continuous improvement in services for 
workers and employers. 
(8) To encourage private sector partnerships 
connecting employers, labor unions, community col-
leges, workforce boards and related stakeholders to 
develop workforce skills that meet employer needs, 
including career pathways, recognized postsecondary 
credentials, and regional planning. 
TITLE I—WORKFORCE 
INVESTMENT SYSTEMS 
Subtitle A—Definitions 
SEC. 101. DEFINITIONS. 
Section 101 is amended— 
(1) by striking paragraph (24) and by redesig-
nating— 
(A) paragraphs (52) and (53) as para-
graphs (60) and (61), respectively; 
(B) paragraphs (40) through (51) as para-
graphs (47) through (58), respectively; 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(i) aligned with the skill needs of in-
dustries in the State or regional economy 
involved; 
‘‘(ii) designed to increase an individ-
ual’s educational and skill attainment, and 
improve the individual’s employment out-
comes and ability to meet career-related 
objectives, by— 
‘‘(I) preparing individuals for the 
full range of secondary or postsec-
ondary education options, including 
apprenticeships registered under the 
Act of August 16, 1937 (commonly 
known as the ‘National Apprentice-
ship Act’; 50 Stat. 664, chapter 663; 
29 U.S.C. 50 et seq.) (referred to in-
dividually in this Act as an ‘appren-
ticeship’, except in section 273); 
‘‘(II) including supportive serv-
ices and counseling to support individ-
uals in achieving their education and 
career goals; 
‘‘(III) including, as appropriate 
for an individual, education offered 
concurrently with and in the context 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
of workforce preparation activities and 
training for a specific occupation or 
occupational cluster; and 
‘‘(IV) 
when 
participants 
are 
adults, organizing courses to meet 
adult participants’ needs including 
flexible scheduling, multiple entry and 
exit points (that may correspond with 
work and stackable credentials), giv-
ing credit for learning toward creden-
tials and adopting other strategies 
that accelerate the educational and 
career advancement of the participant 
to the extent practicable; and 
‘‘(iii) at a minimum, provided through 
the alignment of core programs authorized 
under this Act with postsecondary edu-
cation and training programs, consistent 
with descriptions included in the State and 
local plans. 
‘‘(C) OBJECTIVES.—The objectives re-
ferred to in subparagraph (A) include— 
‘‘(i) enabling an individual to attain a 
secondary school diploma or its recognized 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
equivalent, and at least 1 recognized post-
secondary credential; and 
‘‘(ii) helping a worker enter or ad-
vance within a specific occupation or occu-
pational cluster.’’; 
(3) by inserting after paragraph (8) (as so re-
designated), the following: 
‘‘(9) CORE
PROGRAM.—The term ‘core pro-
grams’ means— 
‘‘(A) chapter 4 and 5 of subtitle B of title 
I (relating to youth workforce investment activi-
ties and adult and dislocated worker employ-
ment and training activities); 
‘‘(B) title II (relating to adult education 
and literacy activities); 
‘‘(C) sections 1 through 13 of the Wagner- 
Peyser Act (29 U.S.C. 49 et seq.) (relating to 
employment services); and 
‘‘(D) title I of the Rehabilitation Act of 
1973 (29 U.S.C. 701 et seq.), other than sec-
tion 112 or part C of that title (29 U.S.C. 732, 
741) (relating to vocational rehabilitation serv-
ices). 
‘‘(10) COSTS OF INFRASTRUCTURE.—The term 
‘costs of infrastructure’, used with respect to a one- 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
stop center, means the nonpersonnel costs that are 
necessary for the operation of the one-stop center, 
including the rental costs of the facilities, the costs 
of utilities and maintenance, equipment (including 
assessment-related products and adaptive technology 
for individuals with disabilities), and technology to 
facilitate access to the one-stop center.’’; 
(4) by inserting after paragraph (14) (as so re-
designated), the following: 
‘‘(15) 
ECONOMIC
SELF-SUFFICIENCY.—The 
term ‘economic self-sufficiency’ means, with respect 
to a worker, earning a wage sufficient to support a 
family adequately and, over time, to save for emer-
gency expenses and adequate retirement income, 
based on factors such as— 
‘‘(A) family size; 
‘‘(B) the cost of living in the worker’s com-
munity; and 
‘‘(C) other factors that may vary by re-
gion.’’; 
(5) by inserting after paragraph (20) (as so re-
designated), the following: 
‘‘(21) IN-DEMAND INDUSTRY SECTOR OR OCCU-
PATION.— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—The term ‘in-demand 
industry sector or occupation’ means— 
‘‘(i) an industry sector that— 
‘‘(I) has a substantial current or 
forecasted impact on the regional 
economy overall, including attracting, 
expanding or retaining businesses or 
jobs (including, at a minimum, jobs 
that lead to economic self-sufficiency 
and opportunities for advancement) in 
the region; 
‘‘(II) contributes to the growth of 
other supporting businesses, or the 
growth of other industry sectors with-
in the region; 
‘‘(III) provides workers with jobs 
that have competitive, family-sus-
taining wages and benefits; and 
‘‘(IV) includes occupations that 
provide opportunities for career ad-
vancement; or 
‘‘(ii) an occupation that— 
‘‘(I) has a significant presence in 
an industry sector; 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(II) has a shortage of available 
skilled workers; 
‘‘(III) pays competitive, family- 
sustaining wages and benefits that en-
able workers to achieve economic self- 
sufficiency, or can reasonably be ex-
pected to lead to a position with such 
wages and benefits; 
‘‘(IV) provides opportunities for 
career advancement; and 
‘‘(V) has a significant impact in 
a region’s economy. 
‘‘(B) DETERMINATION.—The determina-
tion of whether an industry sector or occupation 
is an in-demand industry sector or occupation 
under this paragraph shall be made using na-
tional, State, or regional labor market informa-
tion.’’; 
(6) by inserting after paragraph (22) (as so re-
designated), the following: 
‘‘(23) INDIVIDUAL
WITH
EMPLOYMENT
BAR-
RIERS.—The term ‘individual with employment bar-
riers’ means an individual with any characteristic 
that substantially limits an individual’s ability to ob-
tain employment, including indicators of poor work 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
history, lack of work experience or access to employ-
ment in nontraditional occupations, long-term unem-
ployment, lack of educational or occupational skills 
attainment, dislocation from high-wage and high- 
benefit employment, low levels of literacy or English 
proficiency, disability status, homelessness, ex-of-
fender status, or welfare dependency. 
‘‘(24) INDUSTRY OR SECTOR PARTNERSHIP.— 
The term ‘industry or sector partnership’ means a 
workforce collaborative that— 
‘‘(A) organizes key stakeholders in an in-
dustry cluster into a working group that focuses 
on the workforce needs of the industry cluster 
and that includes, at the appropriate stage of 
development of the partnership— 
‘‘(i) representatives of multiple busi-
nesses or other employers in the industry 
cluster, including small and medium-sized 
employers when practicable; 
‘‘(ii) representatives of a recognized 
State labor organization or central labor 
council, a union representing employees in 
the industry or sector and another labor 
representative, as appropriate; 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(iii) 1 or more representatives of an 
institution of higher education with, or an-
other provider of, education or training 
programs that support the industry clus-
ter, including career and technical edu-
cation providers; and 
‘‘(iv) the State workforce agency pro-
viding labor market information and em-
ployment services under the Wagner- 
Peyser Act; and 
‘‘(B) may include representatives of— 
‘‘(i) State or local government; 
‘‘(ii) State or local economic develop-
ment agencies; 
‘‘(iii) State boards or local boards, as 
appropriate; 
‘‘(iv) any local board that has estab-
lished through its local plan a concentra-
tion of an industry cluster within its area; 
‘‘(v) business or trade associations; 
‘‘(vi) nonprofit organizations, commu-
nity-based organizations, or intermediaries; 
‘‘(vii) philanthropic organizations; and 
‘‘(viii) other organizations, as deter-
mined to be necessary by the members 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
comprising the industry or sector partner-
ship.’’. 
(7) in paragraph (36) (as so redesignated), by 
striking ‘‘as appropriate to the occupation for which 
the participant is being trained’’ and inserting ‘‘to a 
period not in excess of that generally required for 
acquisition of skills needed for the position with a 
particular occupation and’’; 
(8) by inserting after paragraph (44) (as so re-
designated), the following: 
‘‘(45) RECOGNIZED POSTSECONDARY CREDEN-
TIAL.—The term ‘recognized postsecondary creden-
tial’ means a credential awarded by a training pro-
vider or educational institution based on completion 
of all requirements for a program of study, including 
coursework or tests or other performance evalua-
tions. The term includes an industry-recognized cer-
tificate, a certificate of completion of an apprentice-
ship, or an associate or baccalaureate degree.’’; and 
(9) by inserting after paragraph (57) (as so re-
designated), the following: 
‘‘(58) WORKPLACE
LEARNING
ADVISOR.—The 
term ‘workplace learning advisor’ means an indi-
vidual employed by an organization who has the 
knowledge and skill necessary to advise other em-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
ployees of that organization about the education, 
skill development, job training, career counseling 
services, and credentials, including services provided 
through the workforce investment system, required 
to progress toward career goals of such employees in 
order to meet employer requirements related to job 
openings and career advancements that support eco-
nomic self-sufficiency.’’. 
Subtitle B—Statewide and Local 
Workforce Investment Systems 
SEC. 111. STATE WORKFORCE INVESTMENT BOARDS AND 
REQUIREMENTS FOR STATE PLANS. 
(a) SIZE AND FUNCTIONS OF THE STATE BOARDS.— 
Section 111 is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(C)— 
(i) by amending clause (i)(I), by strik-
ing ‘‘including’’ and inserting ‘‘shall in-
clude’’; and 
(ii) by amending clause (vi) to read as 
follows: 
‘‘(vi)(I) lead State officials with pri-
mary responsibility for the program and 
activities that are described in section 
121(b)(2)(B)(1) (i) through (iv); and 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(II) the State agency officials re-
sponsible for economic development;’’; and 
(B) by adding at the end the following: 
‘‘(4) WORKER
REPRESENTATION.—Not less 
than 20 percent of the Board shall be comprised of 
representatives of the workforce within the State, 
and— 
‘‘(A) shall include representatives described 
in clause (iii) of section 117(b)(2)(A); 
‘‘(B) may include representatives of com-
munity-based organizations that have dem-
onstrated experience and expertise in address-
ing the employment needs of individuals with 
barriers to employment, including organizations 
that provide or support competitive, integrated 
employment for individuals with disabilities; 
and 
‘‘(C) may include representatives of organi-
zations that have demonstrated experience and 
expertise in addressing the employment, train-
ing, or education needs of eligible youth, includ-
ing representatives of organizations that serve 
out-of-school youth.’’. 
(2) in subsection (d)— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(A) in paragraph (8), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (9), by striking the pe-
riod and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(10) promotion in the development of guidance 
on career pathways by aligning workforce investment 
programs for the purpose of providing individuals 
with barriers to employment, including low-skilled 
adults and youth, with the employment, training, 
education, and supportive services the individuals 
need to attain the necessary credentials to secure 
and advance in employment; 
‘‘(11) promotion in the development of sector 
initiatives such as industry or sector partnerships re-
lating to in-demand industry sectors and occupa-
tions; 
‘‘(12) provision of guidance on the alignment 
and delivery of services between the local boards, 
one-stop operator, and State entities carrying out 
relevant State-administered programs; 
‘‘(13) provision of technical assistance to local 
boards, one-stop partners, one-stop operators, and 
providers, as appropriate, in local areas concerning 
planning and delivering services; and 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(14) staff training and education across pro-
grams supported under workforce investment sys-
tems in local areas.’’. 
(b) REQUIRED CONTENT OF STATE PLANS.—Section 
112 is amended— 
(1) in subsection (a), by striking ‘‘a single State 
plan (referred to in this title as the ‘State plan’)’’ 
and inserting ‘‘a single State plan (referred to in 
this title as the ‘State plan’) that shall include the 
State plans of all core program and’’; 
(2) in subsection (b)— 
(A) in paragraph (4)— 
(i) in subparagraph (C), by striking ‘‘; 
and’’ and inserting a semicolon; and 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(E) the State’s strategic vision and goals 
for preparing an educated and skilled workforce 
(including preparing youth and individuals with 
barriers to employment) and for meeting the 
skilled workforce needs of employers, including 
goals relating to performance accountability 
measures based on primary indicators of per-
formance described in section 136(b)(2), in 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
order to support economic growth and economic 
self-sufficiency; and 
‘‘(F) a strategy not inconsistent with the 
program requirements of the core programs for 
aligning the core programs, as well as other re-
sources available to the State, to achieve the 
strategic vision and goals described in subpara-
graph (E), including how the State will meet 
performance accountability measures based on 
the system-wide indicators described in section 
136(b)(2)(A) in order to support program 
alignment.’’; 
(B) in paragraph (8)(A)— 
(i) in clauses (ix) and (x), respectively, 
by striking ‘‘; and’’ and inserting a semi-
colon; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(xi) apprenticeship programs reg-
istered under the National Apprenticeship 
Act (50 Stat. 664, chapter 663; 29 U.S.C. 
50 et seq.); 
‘‘(xii) State labor certification activi-
ties for employment-based immigration 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
programs authorized under the Immigra-
tion and Nationality Act; and 
‘‘(xiii) employment, training, and lit-
eracy services carried out by public librar-
ies.’’; 
(C) in paragraph (12)(B), by inserting be-
fore the semicolon the following: ‘‘, and, after 
consultation with the local boards, specifying 
the minimum amount of Federal assistance 
under section 133(b) (2) and (3) provided to 
each local area that is to be spent on training’’; 
(D) in paragraph (17)(B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(E) in paragraph (18)(D), by striking the 
period and inserting a semicolon; and 
(F) by adding at the end the following: 
‘‘(19) a process for providing guidance to local 
areas and conducting oversight to ensure implemen-
tation of priority of service for adult employment 
and training activities; in accordance with section 
134(d)(4)(E); 
‘‘(20) a description of how the State will de-
velop and implement career pathways and career 
and technical education by aligning workforce invest-
ment programs for the purpose of providing individ-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
uals, including low-skill adults and youth, with the 
employment, training, education, and supportive 
services the individuals need to attain the necessary 
credentials to secure and advance in employment; 
‘‘(21) an objective assessment of the needs of 
individuals in the State or outlying area for adult 
education and literacy activities, including individ-
uals with employment barriers; 
‘‘(22) a description of how the eligible agency 
will develop program strategies for populations that 
include, at a minimum— 
‘‘(A) low-income students; 
‘‘(B) individuals with disabilities; 
‘‘(C) single parents and displaced home-
makers; and 
‘‘(D) individuals with multiple barriers to 
educational enhancement, including individuals 
with limited English proficiency; and 
‘‘(23) a description of how the adult education 
and literacy activities that will be carried out with 
any funds received under this subtitle will be inte-
grated with other adult education, career develop-
ment, and employment and training activities in the 
State or outlying area served by the eligible agen-
cy.’’; and 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(3) in subsection (c), by striking ‘‘Secretary of’’ 
and inserting ‘‘appropriate Secretary of each core 
program’’. 
SEC. 112. STATE UNIFIED PLAN. 
The Workforce Investment Act of 1998 is further 
amended— 
(1) by striking section 501; and 
(2) by inserting after section 112 the following: 
‘‘SEC. 113. STATE UNIFIED PLAN. 
‘‘(a) PURPOSE.—The purpose of the State unified 
plan required by this section is to align education, train-
ing, and workforce development programs in support of 
a comprehensive workforce investment system. 
‘‘(b) DEFINITION OF APPROPRIATE SECRETARY.—In 
this section, the term ‘appropriate Secretary’ means the 
head of the Federal agency who exercises administrative 
authority over an activity or program described in sub-
section (c). 
‘‘(c) STATE UNIFIED PLAN.— 
‘‘(1) IN GENERAL.—A State shall develop and 
submit to the appropriate Secretaries a State unified 
plan for the core programs and may develop and 
submit one or more of the program and activities de-
scribed in paragraph (2) in lieu of submitting two or 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(G) Programs authorized under State un-
employment compensation laws (in accordance 
with applicable Federal law). 
‘‘(H) Programs authorized under title V of 
the Older Americans Act of 1965 (42 U.S.C. 
3056 et seq.). 
‘‘(I) Employment and training activities 
carried out by the Department of Housing and 
Urban Development. 
‘‘(J) Employment and training activities 
carried out under the Community Services 
Block Grant Act (42 U.S.C. 9901 et seq.). 
‘‘(K) Programs authorized under section 
212 of the Second Chance Act of 2007 (42 
U.S.C. 17532). 
‘‘(d) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The portion of a unified 
plan covering the core programs shall be subject to 
the requirements of section 112 and to the addi-
tional requirements contained in the authorizing 
statute of the core program, if any. The portion of 
such plan covering a program or activity described 
in subsection (b)(2) shall be subject to the require-
ments, if any, applicable to a plan or application for 
assistance for that program or activity. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(2) 
ADDITIONAL
SUBMISSION
NOT
RE-
QUIRED.—A State that submits a State unified plan 
covering an activity or program described in sub-
section (b) that is approved under subsection (d) 
shall not be required to submit any other plan or ap-
plication in order to receive Federal funds to carry 
out the activity or program. 
‘‘(3) COORDINATION.—A State unified plan 
shall include— 
‘‘(A) a description of the methods used for 
joint planning and coordination of the programs 
and activities included in the unified plan; and 
‘‘(B) an assurance that the methods in-
cluded an opportunity for the entities respon-
sible for planning or administering such pro-
grams and activities to review and comment on 
all portions of the unified plan. 
‘‘(e) APPROVAL
BY
THE
APPROPRIATE
SECRE-
TARIES.— 
‘‘(1) JURISDICTION.—The appropriate Sec-
retary shall have the authority to approve the por-
tion of the State unified plan relating to the activity 
or program over which the appropriate Secretary ex-
ercises administrative authority. On the approval of 
the appropriate Secretary, the portion of the plan re-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
lating to the activity or program shall be imple-
mented by the State pursuant to the applicable por-
tion of the State unified plan. 
‘‘(2) APPROVAL OF CORE PROGRAMS.—No por-
tion of the plan relating to a core program shall be 
implemented until the appropriate Secretary ap-
proves the corresponding portions of the plan for all 
core programs. Other core programs may continue 
in operation while new plan provisions are revised or 
are awaiting approval. 
‘‘(3) TIMING OF APPROVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), a portion of the 
State unified plan covering the core programs 
or a program or activity described in subsection 
(a)(2) shall be considered to be approved by the 
appropriate Secretary at the end of the 90-day 
period beginning on the day the plan is sub-
mitted. 
‘‘(B) PLAN APPROVED BY 3 OR MORE AP-
PROPRIATE
SECRETARIES.—If an appropriate 
Secretary other than the Secretary of Labor or 
the Secretary of Education has authority to ap-
prove a portion of a combined plan, that por-
tion of the combined plan shall be considered to 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
be approved by the appropriate Secretary at the 
end of the 90-day period beginning on the day 
the plan is submitted. 
‘‘(C) DISAPPROVAL.—The portion shall not 
be considered to be approved if the appropriate 
Secretary makes a written determination, dur-
ing the 90-day period, that the portion is not 
consistent with the requirements of the Federal 
law authorizing or applicable to the program or 
activity involved, including the criteria for ap-
proval of a plan or application, if any, under 
such law, or the plan is not consistent with the 
requirements of this section. 
‘‘(4) LOCAL
JURISDICTION.—The appropriate 
local board shall approve the portion of the State 
unified plan relating to the activity or program over 
which the appropriate local board exercises adminis-
trative authority. On the approval of the appropriate 
local board, the portion of the plan relating to the 
activity or program shall be implemented by the 
State pursuant to the applicable portion of the State 
unified plan.’’. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 113. LOCAL WORKFORCE INVESTMENT AREAS AND 
BOARDS. 
(a) PLANNING PROCESS FOR DIFFERENT TYPES OF 
REGIONS.—Section 116(c)(1) is amended— 
(1) by striking ‘‘As part of’’ and inserting: 
‘‘(A) As part of’’; 
(2) by striking ‘‘may’’ each place it appears and 
inserting ‘‘shall’’; and 
(3) by adding at the end the following: 
‘‘(B) PLANNING FOR COOPERATIVE INITIA-
TIVES
AND
ARRANGEMENTS.—In the regions 
comprised of 2 or more local areas, the State 
shall, in consultation with local boards, require 
regional planning, and service delivery, by local 
boards in those regions. For the purpose of ad-
ministrative efficiency, the State shall require 
the local boards in a planning region to partici-
pate in a regional planning process for coopera-
tive initiatives and arrangements that result 
in— 
‘‘(i) the establishment and implemen-
tation of regional service strategies and ac-
tivities, including service delivery coopera-
tive arrangements and regional approaches 
to address the employment and training 
needs of the region, including strategies 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
that meet the need of individuals with bar-
riers to employment; 
‘‘(ii) as appropriate, the development 
and implementation of initiatives involving 
in-demand industry sectors or occupations; 
‘‘(iii) the collection and analysis of re-
gional labor market data (in conjunction 
with the State); and 
‘‘(iv) the establishment of administra-
tive and infrastructural cost sharing, as 
appropriate. 
‘‘(C) REGIONAL PLANS.—The State, after 
consultation with the local boards and chief 
elected officials for the planning region, shall 
require the local boards and officials to collabo-
rate in order to prepare, submit, and obtain ap-
proval of a single regional plan. Such plan shall 
include a description of the cooperative initia-
tives and arrangements developed pursuant to 
clause (iii) and incorporate local plans for each 
of the local areas in the planning region, which 
shall contain strategies that are consistent and 
aligned with each other.’’. 
(b) COMPOSITION OF THE BOARD AND INCLUSION OF 
PUBLIC LIBRARIES.—Section 117(b)(2)(A)(iv) is amend-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
ed by striking ‘‘individuals with disabilities and’’ and in-
serting ‘‘public libraries, individuals with disabilities, 
and’’. 
(c) WORKER REPRESENTATION.—Section 117(b) is 
further amended by adding at the end the following: 
‘‘(5) WORKER
REPRESENTATION.—Not less 
than 20 percent of the Board shall be comprised of 
representatives of the workforce within the local 
area, and— 
‘‘(A) shall include representatives described 
in clause (iii) of paragraph (2)(A); 
‘‘(B) may include representatives of com-
munity-based organizations that have dem-
onstrated experience and expertise in address-
ing the employment needs of individuals with 
barriers to employment, including organizations 
that provide or support competitive, integrated 
employment for individuals with disabilities; 
and 
‘‘(C) may include representatives of organi-
zations that have demonstrated experience and 
expertise in addressing the employment, train-
ing, or education needs of eligible youth, includ-
ing representatives of organizations that serve 
out-of-school youth.’’. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(d) 
REQUIRED
FUNCTIONS
OF
THE
LOCAL 
BOARDS.—Section 117(d) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘The functions’’ and inserting ‘‘Consistent 
with section 118, the functions’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) LOCAL PLAN.—The local board, in part-
nership with the chief elected official for the local 
area involved, shall develop and submit a local plan 
to the Governor that meets the requirements in sec-
tion 118. If the local area is part of a planning re-
gion that includes other local areas, the local board 
shall collaborate with the other local boards and 
chief elected officials from such other local areas in 
the development and submission of the local plan as 
described in section 116(c)(1)(A).’’; and 
(3) in paragraph (3)(B)(i)— 
(A) in subclause (II), by inserting ‘‘or the 
local board’’ after ‘‘entity’’; 
(B) in subclause (III), by inserting ‘‘adult 
education, literacy and employment services’’ 
after ‘‘workforce investment activities’’; 
(C) in subclause (III)(ii), by adding at the 
end the following: ‘‘which staff, including staff 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
of a one-stop center, report to and are respon-
sible to the local board and not the chief elected 
official’’; 
(4) in paragraph (4) by striking ‘‘with respect’’ 
through ‘‘in local area’’ and inserting ‘‘in its local 
area over the core programs as described in this 
Act’’; 
(5) in paragraph (8)— 
(A) in the paragraph heading, by striking 
‘‘CONNECTING’’ and inserting ‘‘CONVENING’’; 
(B) by striking ‘‘connecting’’ and inserting 
‘‘convening’’; and 
(C) by adding at the end the following: 
‘‘and to link youth, dislocated workers and oth-
ers to opportunities for employment, intern-
ships, registered apprenticeships, or work-based 
learning’’; and 
(6) by adding at the end the following new 
paragraphs: 
‘‘(9) CAREER PATHWAYS DEVELOPMENT.—The 
local board, in consultation with the State board and 
with representatives of secondary, postsecondary, ca-
reer and technical education, and adult education 
programs, shall lead efforts in the local area to de-
velop and implement career pathways within the 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
local area by aligning the employment, training, edu-
cation, and supportive services that are needed by 
adults and youth, particularly individuals with bar-
riers to employment. 
‘‘(10) WORKFORCE RESEARCH AND REGIONAL 
LABOR MARKET ANALYSIS.—In order to assist in the 
development and implementation of the local plan, 
the local board shall coordinate with the State public 
employment services under the Wagner-Peyser Act 
(29 U.S.C. 49 et seq.) to— 
‘‘(A) utilize analyses of the economic con-
ditions in the region, the needed knowledge and 
skills for the region, the workforce in the re-
gion, and workforce development activities (in-
cluding education and training) in the region 
described in section 118(b)(1), and regularly 
update such information; 
‘‘(B) assist the Governor in developing the 
statewide labor market information system de-
scribed in section 15(e) of the Wagner-Peyser 
Act (29 U.S.C. 49l–2(e)), specifically in the col-
lection, analysis, and utilization of labor market 
information for the region; and 
‘‘(C) assemble and utilize such other re-
search, data collection, and analysis related to 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
the workforce needs of the regional economy as 
the board, after receiving input from a wide 
array of stakeholders, determines to be nec-
essary to carry out its functions. 
‘‘(11) PROVEN AND PROMISING PRACTICES.— 
The local board shall lead efforts in the local area 
to— 
‘‘(A) identify and promote proven and 
promising strategies and initiatives for meeting 
the needs of employers, and workers and job 
seekers (including individuals with barriers to 
employment) in the local workforce investment 
system, including providing physical and pro-
grammatic accessibility, in accordance with sec-
tion 288 and applicable provisions of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.) and section 504 of the Rehabili-
tation Act of 1973 (29 U.S.C. 794), to the one- 
stop delivery system; and 
‘‘(B) identify and disseminate information, 
in coordination with the Department of Labor 
and the State board, on proven and promising 
practices carried out in other local areas for 
meeting such needs. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(12) TECHNOLOGY.—The local board shall de-
velop strategies for using technology to maximize the 
accessibility and effectiveness of the local workforce 
investment system for employers, and workers and 
job seekers, by— 
‘‘(A) facilitating connections among the re-
porting systems of the one-stop partner pro-
grams to support a comprehensive workforce in-
vestment system in the local area; 
‘‘(B) facilitating access to services provided 
throughout the one-stop delivery system in-
volved, including facilitating the access in re-
mote areas; 
‘‘(C) identifying strategies for better meet-
ing the needs of individuals with barriers to em-
ployment, including strategies that augment 
traditional service delivery and technologies that 
increase access to services and programs of the 
one-stop delivery system for individuals with 
disabilities and other barriers to employment; 
and 
‘‘(D) leveraging resources and capacity 
within the local workforce investment system, 
including resources and capacity for services for 
individuals with barriers to employment. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(13) ADVERTISING.—The local board shall 
plan for advertising one-stop services throughout the 
local area. 
‘‘(14) TRANSITION.—The local board shall de-
velop strategies to ensure that services provided in 
the local area are coordinated with and meet the 
transition goals and services developed for children 
with disabilities under section 614(d)(1)(A)(i)(VIII) 
of the Individuals with Disabilities Education Act. 
‘‘(15) LITERACY.—The local board shall ensure 
that one-stop operators in the local area develop and 
implement policies to ensure that the literacy and 
English language skills of an adult or eligible youth 
are not barriers to accessing services, including 
training services, that are available to assist individ-
uals obtain and maintain employment. 
‘‘(16) SECTOR INITIATIVES.—The local board 
shall develop and expand sector initiatives in the 
local area or region which may include the convening 
of industry or sector partnerships relating to in-de-
mand industry sectors and occupations.’’. 
(e) CONTENTS
OF
THE
LOCAL
PLAN.—Section 
118(b) is amended— 
(1) in paragraph (1), by striking ‘‘an identifica-
tion of—’’ and inserting ‘‘based on a labor market 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
study and input solicited from local businesses, an 
identification of—’’ 
(2) by redesignating paragraphs (7) through 
(10) as paragraphs (8) through (11), respectively, 
and by inserting after paragraph (6) the following: 
‘‘(7) a description of how the local board will 
coordinate workforce investment activities carried 
out in the local area with apprenticeship programs 
registered under the National Apprenticeship Act 
(50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.);’’; 
and 
(3) by adding at the end the following: 
‘‘(12) a description of the procedure or process 
for implementing a priority of service for adult em-
ployment and training activities in accordance with 
section 134(d)(4)(E); and 
‘‘(13) a description of how the local board will 
coordinate workforce investment activities carried 
out in the local area with employment, training, and 
literacy services carried out by public libraries.’’. 
SEC. 114. ADDITIONAL ONE-STOP PROGRAMS AND ACTIVI-
TIES. 
Section 121 is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(B)— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(i) in clause (xi), by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (xii), by striking the pe-
riod and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(xiii) programs authorized under sec-
tion 212 of the Second Chance Act of 2007 
(42 U.S.C. 17532); and 
‘‘(xiv) programs authorized under part 
A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.), subject to subpara-
graph (C). 
‘‘(A) 
DETERMINATION
BY
THE
GOV-
ERNOR.— 
‘‘(i) IN
GENERAL.—An entity that 
carries out a program referred to in sub-
paragraph (B)(xiv) shall be included in the 
one-stop partners for the local area, as a 
required partner, for purposes of this Act 
and the other core program provisions that 
are not part of this Act, unless the Gov-
ernor provides the notification described in 
clause (ii). 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(ii) NOTIFICATION.—The notification 
referred to in clause (i) is a notification 
that— 
‘‘(I) is made in writing of a de-
termination by the Governor not to in-
clude such entity in the one-stop part-
ners described in clause (i); and 
‘‘(II) is provided to the Secretary 
and the Secretary of Health and 
Human Services.’’; and 
(B) in paragraph (2)(B), by striking clause 
(i) and redesignating clauses (ii) through (v) as 
clauses (i) through (iv), respectively; and 
(2) in subsection (e)— 
(A) by striking ‘‘If a one-stop’’ and insert-
ing: 
‘‘(1) EXISTING SYSTEMS.—If a one-stop’’; and 
(B) by adding at the end the following: 
‘‘(2) COLLOCATION OF WAGNER-PEYSER SERV-
ICES.—Consistent with section 3(d) of the Wagner- 
Peyser Act (29 U.S.C. 49b(d)), and in order to im-
prove service delivery, avoid duplication of services, 
and enhance coordination of services, the employ-
ment service offices in each State and the one-stop 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
centers established under this title shall be collo-
cated to the extent practicable. 
‘‘(3) USE
OF
COMMON
ONE-STOP
DELIVERY 
SYSTEM IDENTIFIER.—Each one-stop delivery sys-
tem shall include in the identification of products, 
programs, activities, services, facilities, and related 
property and materials, a common one-stop delivery 
identifier. The identifier shall be developed by the 
Secretary of Labor, in consultation with heads of 
other appropriate departments and agencies, and 
representatives of State boards and local boards and 
of other stakeholders in the one-stop delivery system, 
not later than the beginning of the second full pro-
gram year after the date of enactment of this Act. 
Such common identifier may consist of a logo, 
phrase, or other identifier that informs users of the 
one-stop delivery system that such product, pro-
grams, activities, services, facilities, property, or ma-
terials are being provided through such system. 
Nothing in this paragraph shall be construed to pro-
hibit one-stop partners, States, or local areas from 
having additional identifiers.’’. 
SEC. 115. PROVIDERS OF TRAINING SERVICES. 
Section 122 is amended— 
(1) in subsection (a)— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(A) in paragraph (2)— 
(i) in subparagraph (A)(ii), by strik-
ing ‘‘or certificate’’ and inserting ‘‘recog-
nized postsecondary credential’’; and 
(ii) in subparagraph (C), by inserting 
‘‘, which may include joint labor-manage-
ment organizations, sector partnerships, 
and eligible providers of adult education 
and literacy activities under title II if such 
activities are provided in combination with 
occupational skills training’’ before the pe-
riod; and 
(B) by adding at the end the following: 
‘‘(3) INCLUSION
ON
LIST
OF
ELIGIBLE
PRO-
VIDERS.—A private provider described in subpara-
graph (C) of paragraph (2) shall comply with the 
criteria, information requirements, and procedures 
established under this section to be included on the 
list of eligible training services described in para-
graph (3). A public provider described in subpara-
graph (A) and a provider described in subparagraph 
(B) of paragraph (2) shall be included and main-
tained on the list of eligible providers of training 
services described in subsection (d) for so long as 
they comply with the requirements of this section 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
and for so long as a provider described in subpara-
graph (B) remains registered as described in such 
subparagraph.’’; 
(2) in subsection (d)(1)(A) is amended by add-
ing at the end the following: 
‘‘(iii) information on the performance 
of the provider with respect to the per-
formance 
accountability 
measures 
de-
scribed in section 136 for such participants 
(taking into consideration the characteris-
tics of the population served and relevant 
economic 
conditions), 
and 
information 
specifying the percentage of such partici-
pants who entered unsubsidized employ-
ment in an occupation related to the pro-
gram, to the extent practicable; and 
‘‘(iv) information on secondary or 
postsecondary diploma or its recognized 
equivalent, or recognized postsecondary 
credentials received by such participants; 
and’’; 
(3) in subsection (e), by inserting after the first 
sentence the following: ‘‘The list of providers shall 
also be based on the identified labor market needs 
of employers in the local area based on input solic-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
ited from local business and identified in the local 
plan pursuant to section 118(b)(1).’’; and 
(4) in subsection (h)— 
(A) in the subsection heading, by striking 
‘‘OR
CUSTOMIZED
TRAINING’’ and inserting 
‘‘INCUMBENT WORKER TRAINING, CUSTOMIZED 
TRAINING, 
AND
OTHER
TRAINING
EXCEP-
TIONS’’; and 
(B) in paragraph (1), by striking ‘‘or cus-
tomized training’’ and inserting ‘‘incumbent 
worker training, customized training, intern-
ships, and paid or unpaid work experience op-
portunities, or transitional employment’’. 
SEC. 116. YOUTH ACTIVITIES. 
(a) DEFINITION OF DISADVANTAGED YOUTH AND 
STATE ALLOTMENTS.—Section 127 is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary shall use the 
amount appropriated under section 137(a) for a fiscal 
year to make allotments and grants in accordance with 
subparagraphs (A) and (B) of subsection (b)(1) and make 
funds available for use under section 166 (relating to Na-
tive American programs).’’; 
(2) in subsection (b)— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(A) in paragraph (1), by striking subpara-
graph (A) and redesignating subparagraphs (B) 
and (C) as subparagraphs (A) and (B), respec-
tively; and 
(B) in paragraph (2) by amending sub-
paragraph (C) to read as follows: 
‘‘(C) DISADVANTAGED YOUTH.—Subject to 
paragraph (3), the term ‘disadvantaged youth’ 
means an individual who— 
‘‘(i) is age 16 through 24; and 
‘‘(ii) received an income, or is a mem-
ber of a family that received a total family 
income, that, in relation to family size, 
does not exceed 150 percent of the poverty 
line.’’; and 
(3) in subsection (c), by amending paragraph 
(2) to read as follows: 
‘‘(2) AMOUNT.—The amount available for real-
lotment for a program year is equal to the amount 
by which the unobligated balance from State allot-
ments to the State at the end of the program year 
prior to the program year for which the determina-
tion is made, exceeds 10 percent of the total amount 
of funds available to the State for that prior pro-
gram year, consisting of the State allotment to the 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
State for such prior program year (including 
amounts from State allotments to the State, for all 
program years before that prior program year) that 
remained available.’’. 
(b) 
WITHIN
STATE
ALLOCATIONS.—Section 
128(c)(2) is amended to read as follows: 
‘‘(2) AMOUNT.— 
‘‘(A) IN GENERAL.—The amount available 
for allocation for a program year is equal to the 
amount by which the balance that is unobli-
gated and unencumbered for training services 
at the end of the program year prior to the pro-
gram year for which the determination is made, 
exceeds 10 percent of the total amount of funds 
available to the local area for that prior pro-
gram year, consisting of the local allocation to 
the local area for such prior program year (in-
cluding amounts from local allocations to the 
local area, for all program years before that 
prior program year) that remained available. 
‘‘(B) BALANCE OF FUNDS.—For purposes 
of this paragraph, the balance that is unobli-
gated and unencumbered for training services is 
the amount that is the difference between— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(i) the total amount of funds avail-
able to the local area under this section for 
that prior program year consisting of the 
local allocation to the local area for such 
prior program year (including amounts 
from local allocations to the local area for 
all program years before that prior pro-
gram year) that remained available; and 
‘‘(ii) the amount, from that total 
amount of available funds, that is obligated 
or encumbered (in accordance with gen-
erally accepted accounting principles) for 
training services during such prior pro-
gram year, except that for purposes of this 
paragraph the amount included as encum-
bered for raining services shall not exceed 
10 percent of the total amount of available 
funds described in clause (i).’’. 
(c) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 
Section 129(b)(2) is amended— 
(1) in subparagraph (C)— 
(A) by inserting ‘‘, or that fail to meet 
local performance accountability measures,’’ 
after ‘‘concentrations of eligible youth’’; and 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) providing technical assistance to, as 
appropriate, local boards, one-stop operators, 
and eligible providers, including support for the 
training or staff in evidence-based practices for 
serving eligible youth (including joint training) 
and facilitating remote access to services pro-
vided through the one-stop delivery system.’’. 
(d) LOCAL ELEMENTS AND REQUIREMENTS.—Sec-
tion 129(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking 
‘‘shall identify an’’ and inserting ‘‘shall identify 
career pathways that include education and em-
ployment goals’’; and 
(B) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘, in ap-
propriate cases’’; 
(ii) in clause (ii), by striking ‘‘strong 
linkages between academic and occupa-
tional learning’’ and inserting ‘‘activities 
leading to the attainment of a secondary 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
school diploma or its recognized equivalent, 
or a recognized postsecondary credential’’; 
and 
(iii) in clause (iv)— 
(I) by inserting ‘‘employers, in-
cluding small employers, and in-de-
mand occupations’’ after ‘‘effective 
connections to’’; and 
(II) by striking subclauses (I) 
and (II); 
(2) in paragraph (2)— 
(A) by striking subparagraph (C) and re-
designating subparagraphs (D) through (J) as 
subparagraphs (C) through (I), respectively; 
(B) in subparagraph (C) (as so redesig-
nated)— 
(i) by striking ‘‘work experiences as 
appropriate,’’ and inserting ‘‘work experi-
ences that include academic, area career 
and technical education or occupational 
education to ensure youth are college and 
career ready,’’; and 
(ii) after ‘‘including internships,’’ by 
inserting ‘‘summer employment, pre-ap-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
prenticeships programs, on-the-job train-
ing,’’; 
(C) in subparagraph (E) (as so redesig-
nated), by inserting ‘‘such as youth service and 
conservation corps,’’ after ‘‘include community 
service’’; 
(D) in subparagraph (F) (as so redesig-
nated), by inserting ‘‘, financial literacy edu-
cation, and entrepreneurial skills training’’ after 
‘‘supportive services’’; and 
(E) in subparagraph (I) (as so redesig-
nated), after ‘‘which’’, by inserting ‘‘shall in-
clude career counseling and career exploration 
services, as appropriate, and’’; 
(3) in paragraph (3)(C), by inserting ‘‘and fam-
ily members, mentors,’’ after ‘‘parents’’; and 
(4) by amending paragraph (4)(A) to read as 
follows: 
‘‘(A) IN
GENERAL.—For any program 
year, not less than 60 percent of the funds de-
scribed in paragraph (1) shall be used to pro-
vide youth workforce investment activities for 
out-of-school youth.’’. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 117. ADULT AND DISLOCATED WORKER TRAINING AC-
TIVITIES. 
(a) DEFINITION OF DISADVANTAGED ADULT.—Sec-
tion 132(b)(1)(v)(IV) is amended by striking ‘‘does not ex-
ceed and all that follow’’ and inserting ‘‘150 percent of 
the poverty line.’’. 
(b) REALLOTMENT.—Section 132(c)(2) is amended 
to read as follows: 
‘‘(2) AMOUNT.—The amount available for real-
lotment for a program year is equal to the amount 
by which the unobligated balance from State allot-
ments to the State at the end of the program year 
prior to the program year for which the determina-
tion is made, exceeds 10 percent of the total amount 
of funds available to the State for that prior pro-
gram year, consisting of the State allotment to the 
State for such prior program year (including 
amounts from State allotments to the State, for all 
program years before that prior program year) that 
remained available.’’. 
(c) TRANSFER AUTHORITY.—Section 133(b)(4) is 
amended by striking ‘‘20 percent’’ both places it appears 
and inserting ‘‘30 percent’’. 
(d) WITHIN STATE REALLOCATION.—Section 133(c) 
2 is amended to read as follows: 
‘‘(2) AMOUNT.— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—The amount available 
for allocation for a program year is equal to the 
amount by which the balance that is unobli-
gated and unencumbered for training services 
at the end of the program year prior to the pro-
gram year for which the determination is made, 
exceeds 10 percent of the total amount of funds 
available to the local area for that prior pro-
gram year, consisting of the local allocation to 
the local area for such prior program year (in-
cluding amounts from local allocations to the 
local area, for all program years before that 
prior program year) that remained available. 
‘‘(B) BALANCE OF FUNDS.—For purposes 
of this paragraph, the balance that is unobli-
gated and unencumbered for training services is 
the amount that is the difference between— 
‘‘(i) the total amount of funds avail-
able to the local area under this section for 
that prior program year consisting of the 
local allocation to the local area for such 
prior program year (including amounts 
from local allocations to the local area for 
all program years before that prior pro-
gram year) that remained available; and 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(ii) the amount, from that total 
amount of available funds, that is obligated 
or encumbered (in accordance with gen-
erally accepted accounting principles) for 
training services during such prior pro-
gram year, except that for purposes of this 
paragraph the amount included as encum-
bered for raining services shall not exceed 
10 percent of the total amount of available 
funds described in clause (i).’’. 
(e) 
USE
OF
UNOBLIGATED
RAPID-RESPONSE 
FUNDS.—Section 134(a)(2) is amended— 
(1) in subparagraph (A)— 
(A) by redesignating clauses (i) and (ii) as 
subclauses (I) and (II), respectively; 
(B) by striking ‘‘A State shall use’’ and in-
serting: 
‘‘(i) IN
GENERAL.—A State shall 
use’’; and 
(C) by adding at the end the following: 
‘‘(ii) USE OF UNOBLIGATED FUNDS.— 
Funds reserved by a Governor under sec-
tion 133(a)(2) to carry out this subpara-
graph that remain unobligated after the 
first program year for which such funds 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
were allotted 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 
subparagraph.’’; and 
(2) in subparagraph (B)— 
(A) in clause (v), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (vi), by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(vii) developing, implementing, and 
using layoff aversion strategies in collabo-
ration with appropriate economic develop-
ment and private sector entities, for imple-
mentation of strategies that may include 
early identification of firms at risk of lay-
offs, use of feasability studies to assess the 
needs of and options for at-risk firms and 
the delivery of employment, training, eco-
nomic development, investment and finan-
cial restructuring activities to address 
identified risk factors.’’. 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(f) SHARED SERVICES.—Section 134(d)(1)(B) is 
amended— 
(1) by striking ‘‘A portion’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—A portion’’; and 
(2) by adding at the end the following: 
‘‘(ii) ADDITIONAL
COSTS
OF
ONE- 
STOP.—Subject to the memorandum of un-
derstanding described in section 121(c) for 
the one-stop delivery system involved, in 
addition to the funds provided for one-stop 
infrastructure described in section 137(d), 
a portion of funds made available under 
Federal law authorizing the programs de-
scribed in section 121(b) and administered 
by one-stop partners, or the noncash re-
sources available under such programs, 
shall be used to pay the additional costs 
relating to the operation of the one-stop 
delivery system that are not paid from the 
funds provided under section 137(d), as 
determined in accordance with clause (iv), 
to the extent not inconsistent with the 
Federal law involved. Such costs shall in-
clude the costs of the provision of core 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
services described in section 134(d)(2) ap-
plicable to each program and may include 
common costs that are not paid from the 
funds provided under section 137(d). 
‘‘(iii) SHARED
SERVICES.—Costs of 
shared services may include costs of serv-
ices that are authorized for and may be 
commonly provided through the one-stop 
partner programs to any individuals, such 
as initial intake, assessment of needs, ap-
praisal of basic skills, identification of ap-
propriate services to meet such needs, re-
ferrals to other one-stop partners, and 
other similar services. 
‘‘(iv) DETERMINATION
AND
GUID-
ANCE.—The method for determining the 
appropriate portion of funds and noncash 
resources to be provided by the one-stop 
partner for each program for a one-stop 
center shall be determined as part of the 
development of the memorandum or under-
standing under subsection (c) for the one- 
stop center and shall be stated in the 
memorandum. The State board shall pro-
vide guidance to facilitate the determina-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
tion, for purposes of the memorandum of 
understanding, of an appropriate allocation 
of the funds and noncash resources in local 
areas.’’. 
(g) TRAINING
SERVICES.—Section 134(d)(4) is 
amended— 
(1) in subparagraph (B), by adding at the end 
the following: 
‘‘(iii) RULE
OF
CONSTRUCTION.— 
Nothing in this paragraph shall be con-
strued to require an individual to receive 
core or intensive services under paragraphs 
(2) or (3), respectively, prior to receiving 
training services under this paragraph.’’; 
(2) in subparagraph (D)— 
(A) in clause (ix), by striking ‘‘; and’’ and 
inserting a semicolon; and 
(B) by adding at the end the following: 
‘‘(x) education, training, and skill up-
grading for individuals to work and main-
tain proficiency as workplace learning advi-
sors in programs sponsored by employers 
or joint labor-management partnerships.’’; 
(3) in subparagraph (E)— 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(A) by striking ‘‘In the event’’ through 
‘‘priority’’ and inserting ‘‘With respect to funds 
allocated to a local area for adult employment 
and training activities, priority’’; 
(B) by inserting ‘‘individuals with barriers 
to employment’’ after ‘‘public assistance and 
other’’; and 
(C) by striking ‘‘making determination re-
lated to’’ and inserting ‘‘implementing’’; 
(4) by striking subparagraph (G) and inserting 
the following: 
‘‘(G) USE OF INDIVIDUAL TRAINING AC-
COUNTS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), training services pro-
vided under this paragraph shall be pro-
vided through the use of individual train-
ing accounts in accordance with this para-
graph, and shall be provided to eligible in-
dividuals through the one-stop delivery sys-
tem. 
‘‘(ii) TRAINING
CONTRACTS.—Train-
ing services authorized under this para-
graph may be provided pursuant to a con-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
tract 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, registered apprenticeships, 
customized training, incumbent work-
er training, entrpreneurial skills train-
ing, or transitional employment; 
‘‘(III) the local board determines 
there are an insufficient number of el-
igible providers of training services in 
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 
private organization to serve individ-
uals with barriers to employment; or 
‘‘(V) the local board determines 
that it would be most appropriate to 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
award a contract to an institution of 
higher education or other eligible pro-
vider of training services, including 
area career and technical education 
centers in order to facilitate the train-
ing of multiple individuals in in-de-
mand industry sectors or occupations 
and that such contract does not limit 
customer choice. 
‘‘(iii) LINKAGE
TO
OCCUPATIONS
IN 
DEMAND.—Training 
services 
provided 
under this paragraph shall be directly 
linked to an in-demand industry sector or 
occupation in the local area or 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 oc-
cupations determined by the local board to 
be in sectors of the economy that have a 
high potential for sustained demand or 
growth in the local area. 
‘‘(iv) RULE
OF
CONSTRUCTION.— 
Nothing in this paragraph shall be con-
strued to preclude the combined use of in-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
dividual training accounts and contracts in 
the provision of training services, including 
arrangements that allow individuals receiv-
ing individual training accounts to obtain 
training services that are contracted for 
under clause (ii).’’; and 
(5) by adding at the end the following: 
‘‘(H) REIMBURSEMENT
FOR
ON-THE-JOB 
TRAINING.— 
‘‘(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 de-
scribed in section 101(31) to an amount of 
up to 75 percent of the wage rate of a par-
ticipant for a program carried out under 
this chapter, if, respectively— 
‘‘(I) the Governor approves the 
increase with respect to a program 
carried out with funds reserved by the 
State under that chapter, taking into 
account the factors described in clause 
(ii); or 
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(II) the local board approves the 
increase with respect to a program 
carried 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, re-
spectively, shall take into account factors 
consisting of— 
‘‘(I) the characteristics of the 
participants; 
‘‘(II) the size and resources of 
the employer; 
‘‘(III) the likely employment op-
portunities available to workers who 
complete an on-the-job training pro-
gram; and 
‘‘(IV) such other factors as the 
Governor or local board, respectively, 
may determine to be appropriate, 
which may include the number of em-
ployees participating in the training, 
wage and benefit levels of those em-
ployees (at present and anticipated 
upon completion of the training), rela-
VerDate Mar 15 2010 
00:48 Mar 28, 2012
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS