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of 1998, as in effect on the day before the date 
of enactment of this Act) provide the information 
described in subparagraph (C). 
(C) INFORMATION.—The provider shall pro-
vide verifiable program-specific performance in-
formation based on criteria established by the 
State as described in subparagraph (D) that 
supports the provider’s ability to serve partici-
pants under this subtitle. 
(D) CRITERIA.—The criteria described in 
subparagraph (C) shall include at least— 
(i) a factor related to indicators de-
scribed in section 116; 
(ii) a factor concerning whether the 
provider is in a partnership with business; 
(iii) other factors that indicate high- 
quality training services, including the fac-
tor described in paragraph (1)(H); and 
(iv) a factor concerning alignment of 
the training services with in-demand indus-
try sectors and occupations, to the extent 
practicable. 
(E) PROVISION.—The provider shall provide 
the information described in subparagraph (C) 
to the Governor and the local board in a manner
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† HR 803 EAS 
that will permit the Governor and the local 
board to make a decision on inclusion of the pro-
vider on the list of eligible providers described in 
subsection (d). 
(F) LIMITATION.—A provider that receives 
initial eligibility under this paragraph for a 
program shall be subject to the requirements 
under subsection (c) for that program after such 
initial eligibility expires. 
(c) PROCEDURES.— 
(1) APPLICATION PROCEDURES.—The procedures 
established under subsection (a) shall identify the ap-
plication process for a provider of training services to 
become eligible to receive funds provided under section 
133(b) for the provision of training services. The pro-
cedures shall identify the respective roles of the State 
and local areas in receiving and reviewing the appli-
cations and in making determinations of such eligi-
bility based on the criteria, information, and proce-
dures established under this section. The procedures 
shall also establish a process for a provider of train-
ing services to appeal a denial or termination of eli-
gibility under this section that includes an oppor-
tunity for a hearing and prescribes appropriate time 
limits to ensure prompt resolution of the appeal.
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(2) RENEWAL PROCEDURES.—The procedures es-
tablished by the Governor shall also provide for bien-
nial review and renewal of eligibility under this sec-
tion for providers of training services. 
(d) LIST AND INFORMATION TO ASSIST PARTICIPANTS 
IN CHOOSING PROVIDERS.— 
(1) IN GENERAL.—In order to facilitate and as-
sist participants in choosing employment and train-
ing activities and in choosing providers of training 
services, the Governor shall ensure that an appro-
priate list of providers determined to be eligible under 
this section to offer a program in the State (and, as 
appropriate, in a local area), accompanied by infor-
mation identifying the recognized postsecondary cre-
dential offered by the provider and other appropriate 
information, is prepared. The list shall be provided to 
the local boards in the State, and made available to 
such participants and to members of the public 
through the one-stop delivery system in the State. 
(2) ACCOMPANYING INFORMATION.—The accom-
panying information shall— 
(A) with respect to providers described in 
subparagraphs (A) and (C) of subsection (a)(2), 
consist of information provided by such pro-
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† HR 803 EAS 
viders, disaggregated by local areas served, as 
applicable, in accordance with subsection (b); 
(B) with respect to providers described in 
subsection (b)(4), consist of information provided 
by such providers in accordance with subsection 
(b)(4); and 
(C) such other information as the Governor 
determines to be appropriate. 
(3) AVAILABILITY.—The list and the accom-
panying information shall be made available to such 
participants and to members of the public through the 
one-stop delivery system in the State, in a manner 
that does not reveal personally identifiable informa-
tion about an individual participant. 
(4) LIMITATION.—In carrying out the require-
ments of this subsection, no personally identifiable in-
formation regarding a student, including a Social Se-
curity number, student identification number, or 
other identifier, may be disclosed without the prior 
written consent of the parent or student in compli-
ance with section 444 of the General Education Pro-
visions Act (20 U.S.C. 1232g). 
(e) OPPORTUNITY TO SUBMIT COMMENTS.—In estab-
lishing, under this section, criteria, information require-
ments, procedures, and the list of eligible providers de-
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† HR 803 EAS 
scribed in subsection (d), the Governor shall provide an op-
portunity for interested members of the public to make rec-
ommendations and submit comments regarding such cri-
teria, information requirements, procedures, and list. 
(f) ENFORCEMENT.— 
(1) IN
GENERAL.—The procedures established 
under this section shall provide the following: 
(A) 
INTENTIONALLY
SUPPLYING
INAC-
CURATE INFORMATION.—Upon a determination, 
by an individual or entity specified in the proce-
dures, that a provider of training services, or in-
dividual providing information on behalf of the 
provider, violated this section (or section 122 of 
the Workforce Investment Act of 1998, as in ef-
fect on the day before the date of enactment of 
this Act) by intentionally supplying inaccurate 
information under this section, the eligibility of 
such provider to receive funds under chapter 3 
shall be terminated for a period of time that is 
not less than 2 years. 
(B) SUBSTANTIAL VIOLATIONS.—Upon a de-
termination, by an individual or entity specified 
in the procedures, that a provider of training 
services substantially violated any requirement 
under this title (or title I of the Workforce In-
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† HR 803 EAS 
vestment Act of 1998, as in effect on the day be-
fore such date of enactment), the eligibility of 
such provider to receive funds under chapter 3 
for the program involved shall be terminated for 
a period of not less than 2 years. 
(C) REPAYMENT.—A provider of training 
services whose eligibility is terminated under 
subparagraph (A) or (B) shall be liable for the 
repayment of funds received under chapter 5 of 
subtitle B of title I of the Workforce Investment 
Act of 1998, as in effect on the day before such 
date of enactment, or chapter 3 of this subtitle 
during a period of violation described in such 
subparagraph. 
(2) CONSTRUCTION.—Paragraph (1) shall be 
construed to provide remedies and penalties that sup-
plement, but shall not supplant, civil and criminal 
remedies and penalties specified in other provisions of 
law. 
(g) AGREEMENTS WITH OTHER STATES.—States may 
enter into agreements, on a reciprocal basis, to permit eligi-
ble providers of training services to accept individual train-
ing accounts provided in another State.
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† HR 803 EAS 
(h) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, 
INCUMBENT WORKER TRAINING, AND OTHER TRAINING 
EXCEPTIONS.— 
(1) IN GENERAL.—Providers of on-the-job train-
ing, customized training, incumbent worker training, 
internships, and paid or unpaid work experience op-
portunities, or transitional employment shall not be 
subject to the requirements of subsections (a) through 
(f). 
(2) COLLECTION AND DISSEMINATION OF INFOR-
MATION.—A one-stop operator in a local area shall 
collect such performance information from providers 
of on-the-job training, customized training, incumbent 
worker training, internships, paid or unpaid work ex-
perience opportunities, and transitional employment 
as the Governor may require, and use the information 
to determine whether the providers meet such perform-
ance criteria as the Governor may require. The one- 
stop operator shall disseminate information identi-
fying such providers that meet the criteria as eligible 
providers, and the performance information, through 
the one-stop delivery system. Providers determined to 
meet the criteria shall be considered to be identified 
as eligible providers of training services.
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† HR 803 EAS 
(i) TRANSITION PERIOD FOR IMPLEMENTATION.—The 
Governor and local boards shall implement the require-
ments of this section not later than 12 months after the date 
of enactment of this Act. In order to facilitate early imple-
mentation of this section, the Governor may establish tran-
sition procedures under which providers eligible to provide 
training services under chapter 5 of subtitle B of title I 
of the Workforce Investment Act of 1998, as such chapter 
was in effect on the day before the date of enactment of 
this Act, may continue to be eligible to provide such services 
until December 31, 2015, or until such earlier date as the 
Governor determines to be appropriate. 
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE IN-
VESTMENT ACTIVITIES. 
(a) IN GENERAL.—From the funds allocated under sec-
tion 128(b) to a local area, the local board for such area 
shall award grants or contracts on a competitive basis to 
providers of youth workforce investment activities identified 
based on the criteria in the State plan (including such qual-
ity criteria as the Governor shall establish for a training 
program that leads to a recognized postsecondary creden-
tial), and taking into consideration the ability of the pro-
viders to meet performance accountability measures based 
on primary indicators of performance for the youth pro-
gram as described in section 116(b)(2)(A)(ii)), as described
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† HR 803 EAS 
in section 102(b)(2)(D)(i)(V), and shall conduct oversight 
with respect to such providers. 
(b) EXCEPTIONS.—A local board may award grants or 
contracts on a sole-source basis if such board determines 
there is an insufficient number of eligible providers of youth 
workforce investment activities in the local area involved 
(such as a rural area) for grants and contracts to be award-
ed on a competitive basis under subsection (a). 
CHAPTER 2—YOUTH WORKFORCE 
INVESTMENT ACTIVITIES 
SEC. 126. GENERAL AUTHORIZATION. 
The Secretary shall make an allotment under section 
127(b)(1)(C) to each State that meets the requirements of 
section 102 or 103 and a grant under section 127(b)(1)(B) 
to each outlying area that complies with the requirements 
of this title, to assist the State or outlying area, and to 
enable the State or outlying area to assist local areas, for 
the purpose of providing workforce investment activities for 
eligible youth in the State or outlying area and in the local 
areas. 
SEC. 127. STATE ALLOTMENTS. 
(a) IN GENERAL.—The Secretary shall— 
(1) for each fiscal year for which the amount ap-
propriated under section 136(a) exceeds $925,000,000, 
reserve 4 percent of the excess amount to provide
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† HR 803 EAS 
youth workforce investment activities under section 
167 (relating to migrant and seasonal farmworkers); 
and 
(2) use the remainder of the amount appro-
priated under section 136(a) for a fiscal year to make 
allotments and grants in accordance with subsection 
(b). 
(b) ALLOTMENT AMONG STATES.— 
(1) YOUTH
WORKFORCE
INVESTMENT
ACTIVI-
TIES.— 
(A) NATIVE AMERICANS.—From the amount 
appropriated under section 136(a) for a fiscal 
year that is not reserved under subsection (a)(1), 
the Secretary shall reserve not more than 11⁄2 
percent of such amount to provide youth work-
force investment activities under section 166 (re-
lating to Native Americans). 
(B) OUTLYING AREAS.— 
(i) IN
GENERAL.—From the amount 
appropriated under section 136(a) for each 
fiscal year that is not reserved under sub-
section (a)(1) and subparagraph (A), the 
Secretary shall reserve not more than 1⁄4 of 
1 percent of such amount to provide assist-
ance to the outlying areas to carry out
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† HR 803 EAS 
youth workforce investment activities and 
statewide workforce investment activities. 
(ii) 
LIMITATION
FOR
OUTLYING 
AREAS.— 
(I) COMPETITIVE
GRANTS.—The 
Secretary shall use funds reserved 
under clause (i) to award grants to 
outlying areas to carry out youth 
workforce investment activities and 
statewide workforce investment activi-
ties. 
(II) AWARD
BASIS.—The Sec-
retary shall award grants pursuant to 
subclause (I) on a competitive basis 
and pursuant to the recommendations 
of experts in the field of employment 
and training, working through the Pa-
cific Region Educational Laboratory 
in Honolulu, Hawaii. 
(III) ADMINISTRATIVE
COSTS.— 
The Secretary may provide not more 
than 5 percent of the funds made 
available for grants under subclause (I) 
to pay the administrative costs of the 
Pacific Region Educational Labora-
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† HR 803 EAS 
tory in Honolulu, Hawaii, regarding 
activities assisted under this clause. 
(iii) ADDITIONAL REQUIREMENT.—The 
provisions of section 501 of Public Law 95– 
134 (48 U.S.C. 1469a), permitting the con-
solidation of grants by the outlying areas, 
shall not apply to assistance provided to 
those areas, including Palau, under this 
subparagraph. 
(C) STATES.— 
(i) IN GENERAL.—From the remainder 
of the amount appropriated under section 
136(a) for a fiscal year that exists after the 
Secretary determines the amounts to be re-
served under subsection (a)(1) and subpara-
graphs (A) and (B), the Secretary shall 
make allotments to the States in accordance 
with clause (ii) for youth workforce invest-
ment activities and statewide workforce in-
vestment activities. 
(ii) FORMULA.—Subject to clauses (iii) 
and (iv), of the remainder— 
(I) 331⁄3 percent shall be allotted 
on the basis of the relative number of 
unemployed individuals in areas of
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† HR 803 EAS 
substantial unemployment in each 
State, compared to the total number of 
unemployed individuals in areas of 
substantial 
unemployment 
in 
all 
States; 
(II) 331⁄3 percent shall be allotted 
on the basis of the relative excess num-
ber of unemployed individuals in each 
State, compared to the total excess 
number of unemployed individuals in 
all States; and 
(III) 331⁄3 percent shall be allotted 
on the basis of the relative number of 
disadvantaged youth in each State, 
compared to the total number of dis-
advantaged youth in all States, except 
as described in clause (iii). 
(iii) CALCULATION.—In determining 
an allotment under clause (ii)(III) for any 
State in which there is an area that was 
designated as a local area as described in 
section 107(c)(1)(C), the allotment shall be 
based on the higher of— 
(I) the number of individuals who 
are age 16 through 21 in families with
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† HR 803 EAS 
an income below the low-income level 
in such area; or 
(II) the number of disadvantaged 
youth in such area. 
(iv) MINIMUM AND MAXIMUM PERCENT-
AGES
AND
MINIMUM
ALLOTMENTS.—In 
making allotments under this subpara-
graph, the Secretary shall ensure the fol-
lowing: 
(I) MINIMUM
PERCENTAGE
AND 
ALLOTMENT.—Subject 
to 
subclause 
(IV), the Secretary shall ensure that no 
State shall receive an allotment for a 
fiscal year that is less than the greater 
of— 
(aa) an amount based on 90 
percent of the allotment percent-
age of the State for the preceding 
fiscal year; or 
(bb) 100 percent of the allot-
ments of the State under section 
127(b)(1)(C) of the Workforce In-
vestment Act of 1998 (as in effect 
on the day before the date of en-
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† HR 803 EAS 
actment of this Act) for fiscal year 
2014. 
(II) SMALL STATE MINIMUM AL-
LOTMENT.—Subject to subclauses (I), 
(III), and (IV), the Secretary shall en-
sure that no State shall receive an al-
lotment under this subparagraph that 
is less than the total of— 
(aa) 
3⁄10
of 1 percent of 
$1,000,000,000 of the remainder 
described in clause (i) for the fis-
cal year; and 
(bb) if the remainder de-
scribed in clause (i) for the fiscal 
year exceeds $1,000,000,000, 2⁄5 of 
1 percent of the excess. 
(III) 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) MINIMUM FUNDING.—In any 
fiscal year in which the remainder de-
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† HR 803 EAS 
scribed in clause (i) does not exceed 
$1,000,000,000, the minimum allot-
ments under subclauses (I) and (II) 
shall be calculated by the methodology 
specified 
in 
section 
127(b)(1)(C)(iv)(IV) of the Workforce 
Investment Act of 1998 (as in effect on 
the day before the date of enactment of 
this Act). 
(2) DEFINITIONS.—For the purpose of the for-
mula specified in paragraph (1)(C): 
(A) ALLOTMENT
PERCENTAGE.—The term 
‘‘allotment percentage’’, used with respect to fis-
cal year 2015 or a subsequent fiscal year, means 
a percentage of the remainder described in para-
graph (1)(C)(i) that is received through an allot-
ment made under paragraph (1)(C) for the fiscal 
year. The term, used with respect to fiscal year 
2014, means the percentage of the amount allot-
ted to States under section 127(b)(1)(C) of the 
Workforce Investment Act of 1998 (as in effect on 
the day before the date of enactment of this Act) 
that is received under such section by the State 
involved for fiscal year 2014.
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† HR 803 EAS 
(B) AREA
OF
SUBSTANTIAL
UNEMPLOY-
MENT.—The term ‘‘area of substantial unem-
ployment’’ means any area that is of sufficient 
size and scope to sustain a program of workforce 
investment activities carried out under this sub-
title and that has an average rate of unemploy-
ment of at least 6.5 percent for the most recent 
12 months, as determined by the Secretary. For 
purposes of this subparagraph, determinations of 
areas of substantial unemployment shall be made 
once each fiscal year. 
(C) DISADVANTAGED
YOUTH.—Subject to 
paragraph (3), the term ‘‘disadvantaged youth’’ 
means an individual who is age 16 through 21 
who received an income, or is a member of a 
family that received a total family income, that, 
in relation to family size, does not exceed the 
higher of— 
(i) the poverty line; or 
(ii) 70 percent of the lower living 
standard income level. 
(D) EXCESS
NUMBER.—The term ‘‘excess 
number’’ means, used with respect to the excess 
number of unemployed individuals within a 
State, the higher of—
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† HR 803 EAS 
(i) the number that represents the 
number of unemployed individuals in excess 
of 4.5 percent of the civilian labor force in 
the State; or 
(ii) the number that represents the 
number of unemployed individuals in excess 
of 4.5 percent of the civilian labor force in 
areas of substantial unemployment in such 
State. 
(E) LOW-INCOME LEVEL.—The term ‘‘low- 
income level’’ means $7,000 with respect to in-
come in 1969, and for any later year means that 
amount that bears the same relationship to 
$7,000 as the Consumer Price Index for that 
year bears to the Consumer Price Index for 1969, 
rounded to the nearest $1,000. 
(3) SPECIAL RULE.—For the purpose of the for-
mula specified in paragraph (1)(C), the Secretary 
shall, as appropriate and to the extent practicable, ex-
clude college students and members of the Armed 
Forces from the determination of the number of dis-
advantaged youth. 
(c) REALLOTMENT.— 
(1) IN GENERAL.—The Secretary shall, in ac-
cordance with this subsection, reallot to eligible States
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† HR 803 EAS 
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 
youth workforce investment 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 is equal to the amount by 
which the unobligated balance of the State allotment, 
at the end of the program year prior to the program 
year for which the determination under this para-
graph is made, exceeds 20 percent of such allotment 
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 for the pro-
gram year for which the determination is made, as 
compared to the total amount of the State allotments 
for all eligible States for such program year. 
(4) ELIGIBILITY.—For purposes of this sub-
section, an eligible State means a State that does not 
have an amount available for reallotment under para-
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† HR 803 EAS 
graph (2) for the program year for which the deter-
mination under paragraph (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. 128. WITHIN STATE ALLOCATIONS. 
(a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 
(1) IN
GENERAL.—The Governor shall reserve 
not more than 15 percent of each of the amounts al-
lotted to the State under section 127(b)(1)(C) and 
paragraphs (1)(B) and (2)(B) of section 132(b) for a 
fiscal year for statewide workforce investment activi-
ties. 
(2) USE OF FUNDS.—Regardless of whether the 
reserved 
amounts 
were 
allotted 
under 
section 
127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of 
section 132(b), the Governor may use the reserved 
amounts to carry out statewide activities under sec-
tion 129(b) or statewide employment and training ac-
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† HR 803 EAS 
tivities, for adults or dislocated workers, under section 
134(a). 
(b) WITHIN STATE ALLOCATIONS.— 
(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 the funds that are allotted to the 
State for youth activities and statewide workforce in-
vestment activities under section 127(b)(1)(C) and are 
not reserved under subsection (a), in accordance with 
paragraph (2) or (3). 
(2) FORMULA ALLOCATION.— 
(A) YOUTH ACTIVITIES.— 
(i) ALLOCATION.—In allocating the 
funds described in paragraph (1) to local 
areas, a State may allocate— 
(I) 331⁄3 percent of the funds on 
the 
basis 
described 
in 
section 
127(b)(1)(C)(ii)(I); 
(II) 331⁄3 percent of the funds on 
the 
basis 
described 
in 
section 
127(b)(1)(C)(ii)(II); and 
(III) 331⁄3 percent of the funds on 
the basis described in clauses (ii)(III) 
and (iii) of section 127(b)(1)(C).
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† HR 803 EAS 
(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’’, 
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 funds re-
ferred to in section 128(b)(1) of the Work-
force Investment Act of 1998 (as in effect on 
the day before the date of enactment of this 
Act), received through an allocation made 
under paragraph (2) or (3) of section
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† HR 803 EAS 
128(b) of the Workforce Investment Act of 
1998 (as so in effect), for the fiscal year 
2013 or 2014, respectively. 
(B) APPLICATION.—For purposes of car-
rying out subparagraph (A)— 
(i) references in section 127(b) to a 
State shall be deemed to be references to a 
local area; 
(ii) references in section 127(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 127(b)(1) to the term 
‘‘excess number’’ shall be considered to be 
references to the term as defined in section 
127(b)(2). 
(3) YOUTH
DISCRETIONARY
ALLOCATION.—In 
lieu of making the allocation described in paragraph 
(2), in allocating the funds described in paragraph 
(1) 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—
213 
† HR 803 EAS 
(i) 
incorporates 
additional 
factors 
(other than the factors described in para-
graph (2)(A)) relating to— 
(I) excess youth 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) LOCAL ADMINISTRATIVE COST LIMIT.— 
(A) IN GENERAL.—Of the amount allocated 
to a local area under this subsection and section 
133(b) for a fiscal year, not more than 10 per-
cent of the amount may be used by the local 
board involved for the administrative costs of 
carrying out local workforce investment activities 
under this chapter or chapter 3. 
(B) USE OF FUNDS.—Funds made available 
for administrative costs under subparagraph (A) 
may be used for the administrative costs of any 
of the local workforce investment activities de-
scribed in this chapter or chapter 3, regardless of
214 
† HR 803 EAS 
whether the funds were allocated under this sub-
section or section 133(b). 
(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 this section or a 
corresponding provision of the Workforce Investment 
Act of 1998 for youth workforce investment activities 
(referred to individually 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 is equal to the amount 
by which the unobligated balance of the local alloca-
tion, at the end of the program year prior to the pro-
gram year for which the determination under this 
paragraph is made, exceeds 20 percent of such alloca-
tion 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 an 
amount based on the relative amount of the local allo-
cation for the program year for which the determina-
215 
† HR 803 EAS 
tion is made, as compared to the total amount of the 
local allocations for all eligible local areas in the 
State for such program year. 
(4) ELIGIBILITY.—For purposes of this sub-
section, an eligible local area means a local area that 
does not have an amount available for reallocation 
under paragraph (2) for the program year for which 
the determination under paragraph (2) is made. 
SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVEST-
MENT ACTIVITIES. 
(a) YOUTH PARTICIPANT ELIGIBILITY.— 
(1) ELIGIBILITY.— 
(A) IN GENERAL.—To be eligible to partici-
pate in activities carried out under this chapter 
during any program year an individual shall, at 
the time the eligibility determination is made, be 
an out-of-school youth or an in-school youth. 
(B) OUT-OF-SCHOOL YOUTH.—In this title, 
the term ‘‘out-of-school youth’’ means an indi-
vidual who is— 
(i) not attending any school (as de-
fined under State law); 
(ii) not younger than age 16 or older 
than age 24; and 
(iii) one or more of the following:
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† HR 803 EAS 
(I) A school dropout. 
(II) A youth who is within the 
age of compulsory school attendance, 
but has not attended school for at least 
the most recent complete school year 
calendar quarter. 
(III) A recipient of a secondary 
school diploma or its recognized equiv-
alent who is a low-income individual 
and is— 
(aa) basic skills deficient; or 
(bb) an English language 
learner. 
(IV) An individual who is subject 
to the juvenile or adult justice system. 
(V) A homeless individual (as de-
fined in section 41403(6) of the Vio-
lence 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 As-
sistance Act (42 U.S.C. 11434a(2))), a 
runaway, in foster care or has aged 
out of the foster care system, a child el-
igible for assistance under section 477
217 
† HR 803 EAS 
of the Social Security Act (42 U.S.C. 
677), or in an out-of-home placement. 
(VI) An individual who is preg-
nant or parenting. 
(VII) A youth who is an indi-
vidual with a disability. 
(VIII) A low-income individual 
who requires additional assistance to 
enter or complete an educational pro-
gram or to secure or hold employment. 
(C) IN-SCHOOL YOUTH.—In this section, the 
term ‘‘in-school youth’’ means an individual who 
is— 
(i) attending school (as defined by 
State law); 
(ii) not younger than age 14 or (unless 
an individual with a disability who is at-
tending school under State law) older than 
age 21; 
(iii) a low-income individual; and 
(iv) one or more of the following: 
(I) Basic skills deficient. 
(II) An English language learner. 
(III) An offender.
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† HR 803 EAS 
(IV) A homeless individual (as de-
fined in section 41403(6) of the Vio-
lence 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 As-
sistance Act (42 U.S.C. 11434a(2))), a 
runaway, in foster care or has aged 
out of the foster care system, a child el-
igible for assistance under section 477 
of the Social Security Act (42 U.S.C. 
677), or in an out-of-home placement. 
(V) Pregnant or parenting. 
(VI) A youth who is an indi-
vidual with a disability. 
(VII) An individual who requires 
additional assistance to complete an 
educational program or to secure or 
hold employment. 
(2) SPECIAL RULE.—For the purpose of this sub-
section, the term ‘‘low-income’’, used with respect to 
an individual, also includes a youth living in a high- 
poverty area. 
(3) EXCEPTION AND LIMITATION.—
219 
† HR 803 EAS 
(A) EXCEPTION
FOR
PERSONS
WHO
ARE 
NOT LOW-INCOME INDIVIDUALS.— 
(i) DEFINITION.—In this subpara-
graph, the term ‘‘covered individual’’ means 
an in-school youth, or an out-of-school 
youth who is described in subclause (III) or 
(VIII) of paragraph (1)(B)(iii). 
(ii) EXCEPTION.—In each local area, 
not more than 5 percent of the individuals 
assisted under this section may be persons 
who would be covered individuals, except 
that the persons are not low-income individ-
uals. 
(B) LIMITATION.—In each local area, not 
more than 5 percent of the in-school youth as-
sisted under this section may be eligible under 
paragraph (1) because the youth are in-school 
youth described in paragraph (1)(C)(iv)(VII). 
(4) OUT-OF-SCHOOL PRIORITY.— 
(A) IN GENERAL.—For any program year, 
not less than 75 percent of the funds allotted 
under section 127(b)(1)(C), reserved under sec-
tion 128(a), and available for statewide activi-
ties under subsection (b), and not less than 75 
percent of funds available to local areas under
220 
† HR 803 EAS 
subsection (c), shall be used to provide youth 
workforce investment activities for out-of-school 
youth. 
(B) EXCEPTION.—A State that receives a 
minimum allotment under section 127(b)(1) in 
accordance with section 127(b)(1)(C)(iv) or 
under section 132(b)(1) in accordance with sec-
tion 132(b)(1)(B)(iv) may decrease the percent-
age described in subparagraph (A) to not less 
than 50 percent for a local area in the State, 
if— 
(i) after an analysis of the in-school 
youth and out-of-school youth populations 
in the local area, the State determines that 
the local area will be unable to use at least 
75 percent of the funds available for activi-
ties under subsection (c) to serve out-of- 
school youth due to a low number of out-of- 
school youth; and 
(ii)(I) the State submits to the Sec-
retary, for the local area, a request includ-
ing a proposed percentage decreased to not 
less than 50 percent for purposes of sub-
paragraph (A), and a summary of the anal-
ysis described in clause (i); and
221 
† HR 803 EAS 
(II) the request is approved by the Sec-
retary. 
(5) CONSISTENCY
WITH
COMPULSORY
SCHOOL 
ATTENDANCE LAWS.—In providing assistance under 
this section to an individual who is required to attend 
school under applicable State compulsory school at-
tendance laws, the priority in providing such assist-
ance shall be for the individual to attend school regu-
larly. 
(b) STATEWIDE ACTIVITIES.— 
(1) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 
Funds reserved by a Governor as described in sections 
128(a) and 133(a)(1) shall be used, regardless of 
whether the funds were allotted to the State under sec-
tion 127(b)(1)(C) or under paragraph (1)(B) or 
(2)(B) of section 132(b) for statewide activities, which 
shall include— 
(A) conducting evaluations under section 
116(e) of activities authorized under this chapter 
and chapter 3 in coordination with evaluations 
carried out by the Secretary under section 
169(a); 
(B) disseminating a list of eligible providers 
of youth workforce investment activities, as de-
termined under section 123;
222 
† HR 803 EAS 
(C) providing assistance to local areas as 
described in subsections (b)(6) and (c)(2) of sec-
tion 106, for local coordination of activities car-
ried out under this title; 
(D) operating a fiscal and management ac-
countability information system under section 
116(i); 
(E) carrying out monitoring and oversight 
of activities carried out under this chapter and 
chapter 3, which may include a review com-
paring the services provided to male and female 
youth; and 
(F) providing additional assistance to local 
areas that have high concentrations of eligible 
youth. 
(2) ALLOWABLE
STATEWIDE
YOUTH
ACTIVI-
TIES.—Funds reserved by a Governor as described in 
sections 128(a) and 133(a)(1) may be used, regardless 
of whether the funds were allotted to the State under 
section 127(b)(1)(C) or under paragraph (1)(B) or 
(2)(B) of section 132(b), for statewide activities, 
which may include— 
(A) conducting—
223 
† HR 803 EAS 
(i) research related to meeting the edu-
cation and employment needs of eligible 
youth; and 
(ii) demonstration projects related to 
meeting the education and employment 
needs of eligible youth; 
(B) supporting the development of alter-
native, evidence-based programs and other ac-
tivities that enhance the choices available to eli-
gible youth and encourage such youth to reenter 
and complete secondary education, enroll in 
postsecondary education and advanced training, 
progress through a career pathway, and enter 
into unsubsidized employment that leads to eco-
nomic self-sufficiency; 
(C) supporting the provision of career serv-
ices described in section 134(c)(2) in the one-stop 
delivery system in the State; 
(D) supporting financial literacy, includ-
ing— 
(i) supporting the ability of partici-
pants to create household budgets, initiate 
savings plans, and make informed financial 
decisions about education, retirement, home
224 
† HR 803 EAS 
ownership, wealth building, or other savings 
goals; 
(ii) supporting the ability to manage 
spending, credit, and debt, including credit 
card debt, effectively; 
(iii) increasing awareness of the avail-
ability and significance of credit reports 
and credit scores in obtaining credit, in-
cluding determining their accuracy (and 
how to correct inaccuracies in the reports 
and scores), and their effect on credit terms; 
(iv) supporting the ability to under-
stand, evaluate, and compare financial 
products, services, and opportunities; and 
(v) supporting activities that address 
the particular financial literacy needs of 
non-English speakers, including providing 
the support through the development and 
distribution of multilingual financial lit-
eracy and education materials; and 
(E) providing technical assistance to, as ap-
propriate, local boards, chief elected officials, 
one-stop operators, one-stop partners, and eligi-
ble providers, in local areas, which provision of 
technical assistance shall include the develop-
225 
† HR 803 EAS 
ment and training of staff, the development of 
exemplary program activities, the provision of 
technical assistance to local areas that fail to 
meet local performance accountability measures 
described in section 116(c), and the provision of 
technology to facilitate remote access to services 
provided through the one-stop delivery system in 
the State. 
(3) LIMITATION.—Not more than 5 percent of the 
funds allotted to a State under section 127(b)(1)(C) 
shall be used by the State for administrative activities 
carried out under this subsection or section 134(a). 
(c) LOCAL ELEMENTS AND REQUIREMENTS.— 
(1) PROGRAM
DESIGN.—Funds allocated to a 
local area for eligible youth under section 128(b) shall 
be used to carry out, for eligible youth, programs 
that— 
(A) provide an objective assessment of the 
academic levels, skill levels, and service needs of 
each participant, which assessment shall include 
a review of basic skills, occupational skills, prior 
work experience, employability, interests, apti-
tudes (including interests and aptitudes for non-
traditional jobs), supportive service needs, and 
developmental needs of such participant, for the
226 
† HR 803 EAS 
purpose of identifying appropriate services and 
career pathways for participants, except that a 
new assessment of a participant is not required 
if the provider carrying out such a program de-
termines it is appropriate to use a recent assess-
ment of the participant conducted pursuant to 
another education or training program; 
(B) develop service strategies for each par-
ticipant that are directly linked to 1 or more of 
the indicators of performance described in sec-
tion 116(b)(2)(A)(ii), and that shall identify ca-
reer pathways that include education and em-
ployment goals (including, in appropriate cir-
cumstances, nontraditional employment), appro-
priate achievement objectives, and appropriate 
services for the participant taking into account 
the assessment conducted pursuant to subpara-
graph (A), except that a new service strategy for 
a participant is not required if the provider car-
rying out such a program determines it is ap-
propriate to use a recent service strategy devel-
oped for the participant under another education 
or training program; 
(C) provide—
227 
† HR 803 EAS 
(i) activities leading to the attainment 
of a secondary school diploma or its recog-
nized equivalent, or a recognized postsec-
ondary credential; 
(ii) preparation for postsecondary edu-
cational and training opportunities; 
(iii) strong linkages between academic 
instruction (based on State academic con-
tent and student academic achievement 
standards established under section 1111 of 
the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311)) and occupa-
tional education that lead to the attainment 
of recognized postsecondary credentials; 
(iv) preparation for unsubsidized em-
ployment opportunities, in appropriate 
cases; and 
(v) effective connections to employers, 
including small employers, in in-demand 
industry sectors and occupations of the local 
and regional labor markets; and 
(D) at the discretion of the local board, im-
plement a pay-for-performance contract strategy 
for elements described in paragraph (2), for 
which the local board may reserve and use not
228 
† HR 803 EAS 
more than 10 percent of the total funds allocated 
to the local area under section 128(b). 
(2) PROGRAM ELEMENTS.—In order to support 
the attainment of a secondary school diploma or its 
recognized equivalent, entry into postsecondary edu-
cation, and career readiness for participants, the pro-
grams described in paragraph (1) shall provide ele-
ments consisting of— 
(A) tutoring, study skills training, instruc-
tion, and evidence-based dropout prevention and 
recovery strategies that lead to completion of the 
requirements for a secondary school diploma or 
its recognized equivalent (including a recognized 
certificate of attendance or similar document for 
individuals with disabilities) or for a recognized 
postsecondary credential; 
(B) alternative secondary school services, or 
dropout recovery services, as appropriate; 
(C) paid and unpaid work experiences that 
have as a component academic and occupational 
education, which may include— 
(i) summer employment opportunities 
and other employment opportunities avail-
able throughout the school year; 
(ii) pre-apprenticeship programs;
229 
† HR 803 EAS 
(iii) internships and job shadowing; 
and 
(iv) on-the-job training opportunities; 
(D) occupational skill training, which shall 
include priority consideration for training pro-
grams that lead to recognized postsecondary cre-
dentials that are aligned with in-demand indus-
try sectors or occupations in the local area in-
volved, if the local board determines that the pro-
grams meet the quality criteria described in sec-
tion 123; 
(E) education offered concurrently with and 
in the same context as workforce preparation ac-
tivities and training for a specific occupation or 
occupational cluster; 
(F) leadership development opportunities, 
which may include community service and peer- 
centered activities encouraging responsibility 
and other positive social and civic behaviors, as 
appropriate; 
(G) supportive services; 
(H) adult mentoring for the period of par-
ticipation and a subsequent period, for a total of 
not less than 12 months;
230 
† HR 803 EAS 
(I) followup services for not less than 12 
months after the completion of participation, as 
appropriate; 
(J) comprehensive guidance and counseling, 
which may include drug and alcohol abuse coun-
seling and referral, as appropriate; 
(K) financial literacy education; 
(L) entrepreneurial skills training; 
(M) services that provide labor market and 
employment information about in-demand in-
dustry sectors or occupations available in the 
local area, such as career awareness, career coun-
seling, and career exploration services; and 
(N) activities that help youth prepare for 
and transition to postsecondary education and 
training. 
(3) ADDITIONAL REQUIREMENTS.— 
(A) INFORMATION AND REFERRALS.—Each 
local board shall ensure that each participant 
shall be provided— 
(i) information on the full array of ap-
plicable or appropriate services that are 
available through the local board or other el-
igible providers or one-stop partners, in-
231 
† HR 803 EAS 
cluding those providers or partners receiv-
ing funds under this subtitle; and 
(ii) referral to appropriate training 
and educational programs that have the ca-
pacity to serve the participant either on a 
sequential or concurrent basis. 
(B) APPLICANTS
NOT
MEETING
ENROLL-
MENT REQUIREMENTS.—Each eligible provider of 
a program of youth workforce investment activi-
ties shall ensure that an eligible applicant who 
does not meet the enrollment requirements of the 
particular program or who cannot be served 
shall be referred for further assessment, as nec-
essary, and referred to appropriate programs in 
accordance with subparagraph (A) to meet the 
basic skills and training needs of the applicant. 
(C) INVOLVEMENT IN DESIGN AND IMPLE-
MENTATION.—The local board shall ensure that 
parents, participants, and other members of the 
community with experience relating to programs 
for youth are involved in the design and imple-
mentation of the programs described in para-
graph (1). 
(4) PRIORITY.—Not less than 20 percent of the 
funds allocated to the local area as described in para-
232 
† HR 803 EAS 
graph (1) shall be used to provide in-school youth and 
out-of-school youth with activities under paragraph 
(2)(C). 
(5) RULE OF CONSTRUCTION.—Nothing in this 
chapter shall be construed to require that each of the 
elements described in subparagraphs of paragraph (2) 
be offered by each provider of youth services. 
(6) PROHIBITIONS.— 
(A) PROHIBITION AGAINST FEDERAL CON-
TROL OF EDUCATION.—No provision of this Act 
shall be construed to authorize any department, 
agency, officer, or employee of the United States 
to exercise any direction, supervision, or control 
over the curriculum, program of instruction, ad-
ministration, or personnel of any educational in-
stitution, school, or school system, or over the se-
lection of library resources, textbooks, or other 
printed or published instructional materials by 
any educational institution, school, or school sys-
tem. 
(B) NONINTERFERENCE AND NONREPLACE-
MENT OF REGULAR ACADEMIC REQUIREMENTS.— 
No funds described in paragraph (1) shall be 
used to provide an activity for eligible youth who 
are not school dropouts if participation in the
233 
† HR 803 EAS 
activity would interfere with or replace the reg-
ular academic requirements of the youth. 
(7) LINKAGES.—In coordinating the programs 
authorized under this section, local boards shall estab-
lish linkages with local educational agencies respon-
sible for services to participants as appropriate. 
(8) VOLUNTEERS.—The local board shall make 
opportunities available for individuals who have suc-
cessfully participated in programs carried out under 
this section to volunteer assistance to participants in 
the form of mentoring, tutoring, and other activities. 
CHAPTER 
3—ADULT 
AND 
DISLOCATED 
WORKER EMPLOYMENT AND TRAINING 
ACTIVITIES 
SEC. 131. GENERAL AUTHORIZATION. 
The Secretary shall make allotments under paragraphs 
(1)(B) and (2)(B) of section 132(b) to each State that meets 
the requirements of section 102 or 103 and grants under 
paragraphs (1)(A) and (2)(A) of section 132(b) to each out-
lying area that complies with the requirements of this title, 
to assist the State or outlying area, and to enable the State 
or outlying area to assist local areas, for the purpose of 
providing workforce investment activities for adults, and 
dislocated workers, in the State or outlying area and in 
the local areas.
234 
† HR 803 EAS 
SEC. 132. STATE ALLOTMENTS. 
(a) IN GENERAL.—The Secretary shall— 
(1) make allotments and grants from the amount 
appropriated under section 136(b) for a fiscal year in 
accordance with subsection (b)(1); and 
(2)(A) reserve 20 percent of the amount appro-
priated under section 136(c) for the fiscal year for use 
under subsection (b)(2)(A), and under sections 168(b) 
(relating to dislocated worker technical assistance), 
169(c) (relating to dislocated worker projects), and 
170 (relating to national dislocated worker grants); 
and 
(B) make allotments from 80 percent of the 
amount appropriated under section 136(c) for the fis-
cal year in accordance with subsection (b)(2)(B). 
(b) ALLOTMENT AMONG STATES.— 
(1) ADULT EMPLOYMENT AND TRAINING ACTIVI-
TIES.— 
(A) RESERVATION FOR OUTLYING AREAS.— 
(i) IN
GENERAL.—From the amount 
made available under subsection (a)(1) for a 
fiscal year, the Secretary shall reserve not 
more than 1⁄4 of 1 percent of such amount 
to provide assistance to the outlying areas. 
(ii) APPLICABILITY OF ADDITIONAL RE-
QUIREMENTS.—From the amount reserved
235 
† HR 803 EAS 
under clause (i), the Secretary shall provide 
assistance to the outlying areas for adult 
employment and training activities and 
statewide workforce investment activities in 
accordance with the requirements of section 
127(b)(1)(B). 
(B) STATES.— 
(i) IN
GENERAL.—After determining 
the amount to be reserved under subpara-
graph (A), the Secretary shall allot the re-
mainder of the amount made available 
under subsection (a)(1) for that fiscal year 
to the States pursuant to clause (ii) for 
adult employment and training activities 
and statewide workforce investment activi-
ties. 
(ii) FORMULA.—Subject to clauses (iii) 
and (iv), of the remainder— 
(I) 331⁄3 percent shall be allotted 
on the basis of the relative number of 
unemployed individuals in areas of 
substantial unemployment in each 
State, compared to the total number of 
unemployed individuals in areas of
236 
† HR 803 EAS 
substantial 
unemployment 
in 
all 
States; 
(II) 331⁄3 percent shall be allotted 
on the basis of the relative excess num-
ber of unemployed individuals in each 
State, compared to the total excess 
number of unemployed individuals in 
all States; and 
(III) 331⁄3 percent shall be allotted 
on the basis of the relative number of 
disadvantaged adults in each State, 
compared to the total number of dis-
advantaged adults in all States, except 
as described in clause (iii). 
(iii) CALCULATION.—In determining 
an allotment under clause (ii)(III) for any 
State in which there is an area that was 
designated as a local area as described in 
section 107(c)(1)(C), the allotment shall be 
based on the higher of— 
(I) the number of adults in fami-
lies with an income below the low-in-
come level in such area; or 
(II) the number of disadvantaged 
adults in such area.
237 
† HR 803 EAS 
(iv) MINIMUM AND MAXIMUM PERCENT-
AGES
AND
MINIMUM
ALLOTMENTS.—In 
making allotments under this subpara-
graph, the Secretary shall ensure the fol-
lowing: 
(I) MINIMUM
PERCENTAGE
AND 
ALLOTMENT.—Subject 
to 
subclause 
(IV), the Secretary shall ensure that no 
State shall receive an allotment for a 
fiscal year that is an amount based on 
90 percent of the allotment percentage 
of the State for the preceding fiscal 
year. 
(II) SMALL STATE MINIMUM AL-
LOTMENT.—Subject to subclauses (I), 
(III), and (IV), the Secretary shall en-
sure that no State shall receive an al-
lotment under this subparagraph that 
is less than the total of— 
(aa) 
3⁄10
of 1 percent of 
$960,000,000 of the remainder de-
scribed in clause (i) for the fiscal 
year; and 
(bb) if the remainder de-
scribed in clause (i) for the fiscal
238 
† HR 803 EAS 
year exceeds $960,000,000, 2⁄5 of 1 
percent of the excess. 
(III) 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) MINIMUM FUNDING.—In any 
fiscal year in which the remainder de-
scribed in clause (i) does not exceed 
$960,000,000, the minimum allotments 
under subclauses (I) and (II) shall be 
calculated by the methodology specified 
in section 132(b)(1)(B)(iv)(IV) of the 
Workforce Investment Act of 1998 (as 
in effect on the day before the date of 
enactment of this Act). 
(v) DEFINITIONS.—For the purpose of 
the formula specified in this subparagraph: 
(I) ADULT.—The term ‘‘adult’’ 
means an individual who is not less 
than age 22 and not more than age 72.
239 
† HR 803 EAS 
(II) ALLOTMENT PERCENTAGE.— 
The term ‘‘allotment percentage’’, used 
with respect to fiscal year 2015 or a 
subsequent fiscal year, means a per-
centage of the remainder described in 
clause (i) that is received through an 
allotment made under this subpara-
graph for the fiscal year. The term, 
used with respect to fiscal year 2014, 
means the percentage of the amount al-
lotted 
to 
States 
under 
section 
132(b)(1)(B) of the Workforce Invest-
ment Act of 1998 (as in effect on the 
day before the date of enactment of this 
Act) that is received under such section 
by the State involved for fiscal year 
2014. 
(III) AREA OF SUBSTANTIAL UN-
EMPLOYMENT.—The term ‘‘area of sub-
stantial unemployment’’ means any 
area that is of sufficient size and scope 
to sustain a program of workforce in-
vestment activities carried out under 
this subtitle and that has an average 
rate of unemployment of at least 6.5
240 
† HR 803 EAS 
percent for the most recent 12 months, 
as determined by the Secretary. For 
purposes of this subclause, determina-
tions of areas of substantial unemploy-
ment shall be made once each fiscal 
year. 
(IV) DISADVANTAGED
ADULT.— 
Subject to subclause (V), the term ‘‘dis-
advantaged adult’’ means an adult 
who 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 the higher 
of— 
(aa) the poverty line; or 
(bb) 70 percent of the lower 
living standard income level. 
(V) DISADVANTAGED ADULT SPE-
CIAL
RULE.—The Secretary shall, as 
appropriate and to the extent prac-
ticable, exclude college students and 
members of the Armed Forces from the 
determination of the number of dis-
advantaged adults.
241 
† HR 803 EAS 
(VI) EXCESS NUMBER.—The term 
‘‘excess number’’ means, used with re-
spect to the excess number of unem-
ployed individuals within a State, the 
higher of— 
(aa) the number that rep-
resents the number of unemployed 
individuals in excess of 4.5 per-
cent of the civilian labor force in 
the State; or 
(bb) the number that rep-
resents the number of unemployed 
individuals in excess of 4.5 per-
cent of the civilian labor force in 
areas of substantial unemploy-
ment in such State. 
(VII) LOW-INCOME
LEVEL.—The 
term ‘‘low-income level’’ means $7,000 
with respect to income in 1969, and for 
any later year means that amount that 
bears the same relationship to $7,000 
as the Consumer Price Index for that 
year bears to the Consumer Price 
Index for 1969, rounded to the nearest 
$1,000.
242 
† HR 803 EAS 
(2) DISLOCATED
WORKER
EMPLOYMENT
AND 
TRAINING ACTIVITIES.— 
(A) RESERVATION FOR OUTLYING AREAS.— 
(i) IN
GENERAL.—From the amount 
made available under subsection (a)(2)(A) 
for a fiscal year, the Secretary shall reserve 
not more than 1⁄4 of 1 percent of the amount 
appropriated under section 136(c) for the 
fiscal year to provide assistance to the out-
lying areas. 
(ii) APPLICABILITY OF ADDITIONAL RE-
QUIREMENTS.—From the amount reserved 
under clause (i), the Secretary shall provide 
assistance to the outlying areas for dis-
located worker employment and training 
activities and statewide workforce invest-
ment activities in accordance with the re-
quirements of section 127(b)(1)(B). 
(B) STATES.— 
(i) IN GENERAL.—The Secretary shall 
allot the amount referred to in subsection 
(a)(2)(B) for a fiscal year to the States pur-
suant to clause (ii) for dislocated worker 
employment and training activities and 
statewide workforce investment activities.
243 
† HR 803 EAS 
(ii) FORMULA.—Subject to clause (iii), 
of the amount— 
(I) 331⁄3 percent shall be allotted 
on the basis of the relative number of 
unemployed individuals in each State, 
compared to the total number of unem-
ployed individuals in all States; 
(II) 331⁄3 percent shall be allotted 
on the basis of the relative excess num-
ber of unemployed individuals in each 
State, compared to the total excess 
number of unemployed individuals in 
all States; and 
(III) 331⁄3 percent shall be allotted 
on the basis of the relative number of 
individuals in each State who have 
been unemployed for 15 weeks or more, 
compared to the total number of indi-
viduals in all States who have been un-
employed for 15 weeks or more. 
(iii) MINIMUM
AND
MAXIMUM
PER-
CENTAGES AND MINIMUM ALLOTMENTS.—In 
making allotments under this subpara-
graph, for fiscal year 2016 and each subse-
309 
† HR 803 EAS 
SEC. 142. DEFINITIONS. 
In this subtitle: 
(1) APPLICABLE LOCAL BOARD.—The term ‘‘ap-
plicable local board’’ means a local board— 
(A) that provides information for a Job 
Corps center on local employment opportunities 
and the job skills needed to obtain the opportuni-
ties; and 
(B) that serves communities in which the 
graduates of the Job Corps center seek employ-
ment. 
(2) APPLICABLE ONE-STOP CENTER.—The term 
‘‘applicable one-stop center’’ means a one-stop center 
that provides services, such as referral, assessment, re-
cruitment, and placement, to support the purposes of 
the Job Corps. 
(3) ENROLLEE.—The term ‘‘enrollee’’ means an 
individual who has voluntarily applied for, been se-
lected for, and enrolled in the Job Corps program, 
and remains with the program, but has not yet be-
come a graduate. 
(4) FORMER ENROLLEE.—The term ‘‘former en-
rollee’’ means an individual who has voluntarily ap-
plied for, been selected for, and enrolled in the Job 
Corps program, but left the program prior to becom-
ing a graduate.
310 
† HR 803 EAS 
(5) GRADUATE.—The term ‘‘graduate’’ means an 
individual who has voluntarily applied for, been se-
lected for, and enrolled in the Job Corps program and 
who, as a result of participation in the Job Corps 
program, has received a secondary school diploma or 
recognized equivalent, or completed the requirements 
of a career and technical education and training pro-
gram that prepares individuals for employment lead-
ing to economic self-sufficiency or entrance into post-
secondary education or training. 
(6) JOB CORPS.—The term ‘‘Job Corps’’ means 
the Job Corps described in section 143. 
(7) JOB CORPS CENTER.—The term ‘‘Job Corps 
center’’ means a center described in section 147. 
(8) OPERATOR.—The term ‘‘operator’’ means an 
entity selected under this subtitle to operate a Job 
Corps center. 
(9) REGION.—The term ‘‘region’’ means an area 
defined by the Secretary. 
(10) SERVICE
PROVIDER.—The term ‘‘service 
provider’’ means an entity selected under this subtitle 
to provide services described in this subtitle to a Job 
Corps center.
353 
† HR 803 EAS 
(2) SURVEYS, AUDITS, AND EVALUATIONS.—The 
Secretary shall survey, audit, or evaluate, or arrange 
for the survey, audit, or evaluation of, the operators 
and service providers, using Federal auditors or inde-
pendent public accountants. The Secretary shall con-
duct such surveys, audits, or evaluations not less often 
than once every 3 years. 
(c) INFORMATION
ON
INDICATORS
OF
PERFORM-
ANCE.— 
(1) LEVELS
OF
PERFORMANCE
AND
INDICA-
TORS.—The Secretary shall annually establish ex-
pected levels of performance for a Job Corps center 
and the Job Corps program relating to each of the 
primary indicators of performance for eligible youth 
described in section 116(b)(2)(A)(ii). 
(2) PERFORMANCE OF RECRUITERS.—The Sec-
retary shall also establish performance indicators, 
and expected levels of performance on the performance 
indicators, for recruitment service providers serving 
the Job Corps program. The performance indicators 
shall relate to— 
(A) the number of enrollees recruited, com-
pared to the established goals for such recruit-
ment, and the number of enrollees who remain