In the Senate of the United States,
October 11 (legislative day, October 10), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 1617) entitled ‘‘An Act to consolidate and reform
workforce development and literacy programs, and for other
purposes’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Workforce Development Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—WORKFORCE DEVELOPMENT AND WORKFORCE
PREPARATION ACTIVITIES
Subtitle A—Statewide Workforce Development Systems
CHAPTER 1—PROVISIONS FOR STATES AND OTHER ENTITIES
Sec. 101. Statewide workforce development systems established.
Sec. 102. State allotments.
Sec. 103. State apportionment by activity.
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Sec. 104. State plans.
Sec. 105. State workforce development boards.
Sec. 106. Use of funds.
Sec. 107. Indian workforce development activities.
Sec. 108. Migrant or seasonal farmworker program.
Sec. 109. Grants to outlying areas.
CHAPTER 2—LOCAL PROVISIONS
Sec. 111. Local apportionment by activity.
Sec. 112. Distribution for secondary school vocational education.
Sec. 113. Distribution for postsecondary and adult vocational education.
Sec. 114. Distribution for adult education.
Sec. 115. Special rule for minimal allocation.
Sec. 116. Redistribution.
Sec. 117. Local application for workforce education activities.
Sec. 118. Local partnerships, agreements, and workforce development boards.
Sec. 119. Construction.
CHAPTER 3—ADMINISTRATION
Sec. 121. Accountability.
Sec. 122. Incentives and sanctions.
Sec. 123. Unemployment trust fund.
Sec. 124. Authorization of appropriations.
Sec. 125. Effective date.
Subtitle B—Job Corps and Other Workforce Preparation Activities for At-Risk
Youth
CHAPTER 1—GENERAL PROVISIONS
Sec. 131. Definitions.
CHAPTER 2—JOB CORPS
Sec. 141. Purposes.
Sec. 142. Establishment.
Sec. 143. Individuals eligible for the Job Corps.
Sec. 144. Screening and selection of applicants.
Sec. 145. Enrollment and assignment.
Sec. 146. Job Corps Centers.
Sec. 147. Program activities.
Sec. 148. Support.
Sec. 149. Operating plan.
Sec. 150. Standards of conduct.
Sec. 151. Community participation.
Sec. 152. Counseling and placement.
Sec. 153. Advisory committees.
Sec. 154. Application of provisions of Federal law.
Sec. 155. Special provisions.
Sec. 156. Review of Job Corps centers.
Sec. 157. Administration.
Sec. 158. Effective date.
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CHAPTER 3—OTHER WORKFORCE PREPARATION ACTIVITIES FOR AT-RISK
YOUTH
Sec. 161. Workforce preparation activities for at-risk youth.
Subtitle C—Transition Provisions
Sec. 171. Waivers.
Sec. 172. Flexibility demonstration program.
Sec. 173. Interim State plans.
Sec. 174. Applications and plans under covered Acts.
Sec. 175. Interim administration of school-to-work programs.
Sec. 176. Interim authorizations of appropriations.
Subtitle D—National Activities
Sec. 181. Federal Partnership.
Sec. 182. National Workforce Development Board and personnel.
Sec. 183. Labor market and occupational information.
Sec. 184. National discretionary grants.
Sec. 185. National Center for Research in Education and Workforce Development.
Sec. 186. National assessment of vocational education programs.
Sec. 187. Transfers to Federal Partnership.
Sec. 188. Transfers to other Federal agencies and offices.
Sec. 189. Elimination of certain offices.
Subtitle E—Repeals of Employment and Training and Vocational and Adult
Education Programs
Sec. 191. Repeals.
Sec. 192. Conforming amendments.
TITLE II—WORKFORCE DEVELOPMENT-RELATED ACTIVITIES
Subtitle A—Amendments to the Rehabilitation Act of 1973
Sec. 201. References.
Sec. 202. Findings and purposes.
Sec. 203. Consolidated rehabilitation plan.
Sec. 204. Definitions.
Sec. 205. Administration.
Sec. 206. Reports.
Sec. 207. Evaluation.
Sec. 208. Declaration of policy.
Sec. 209. State plans.
Sec. 210. Individualized employment plans.
Sec. 211. Scope of vocational rehabilitation services.
Sec. 212. State Rehabilitation Advisory Council.
Sec. 213. Evaluation standards and performance indicators.
Sec. 214. Repeals.
Sec. 215. Effective date.
Subtitle B—Amendments to the Wagner-Peyser Act
Sec. 221. General program requirements.
Sec. 222. Definitions.
Sec. 223. Functions.
Sec. 224. Designation of State agencies.
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Sec. 225. Appropriations.
Sec. 226. Disposition of allotted funds.
Sec. 227. State plans.
Sec. 228. Federal Advisory Council.
Subtitle C—Amendments to the Immigration and Nationality Act
Sec. 231. Prohibition on use of funds for certain employment activities.
Subtitle D—Amendments to the National Literacy Act of 1991
Sec. 241. National Institute for Literacy.
Sec. 242. State literacy resource centers.
Sec. 243. National Workforce Literacy Assistance Collaborative.
Sec. 244. Family literacy public broadcasting program.
Sec. 245. Mandatory literacy program.
TITLE III—MUSEUMS AND LIBRARIES
Sec. 301. Museum and library services.
Sec. 302. National Commission on Libraries and Information Science.
Sec. 303. Transfer of functions from Institute of Museum Services.
Sec. 304. Service of individuals serving on date of enactment.
Sec. 305. Consideration.
Sec. 306. Repeals and technical and conforming amendments.
Sec. 307. Arts and artifacts.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) increasing international competition, techno-
logical advances, and structural changes in the Unit-
ed States economy present new challenges to private
businesses and public policymakers in creating a
skilled workforce with the ability to adapt to change
and technological progress;
(2) despite more than 60 years of federally fund-
ed employment training programs, the Federal Gov-
ernment has no single, coherent policy guiding em-
ployment training efforts;
(3) according to the General Accounting Office,
there are over 100 federally funded employment train-
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ing programs, which are administered by 15 different
Federal agencies and cost more than $20,000,000,000
annually;
(4) many of the programs fail to collect enough
performance data to determine the relative effective-
ness of each of the programs or the effectiveness of the
programs as a whole;
(5) because of the fragmentation, duplication,
and lack of accountability that currently exist within
and among Federal employment training programs it
is often difficult for workers, jobseekers, and businesses
to easily access the services they need;
(6) high quality, innovative vocational education
programs provide youth with skills and knowledge on
which to build successful careers and, in providing
the skills and knowledge, vocational education serves
as the foundation of a successful workforce develop-
ment system;
(7) in recent years, several States and commu-
nities have begun to develop promising new initia-
tives such as—
(A) school-to-work programs to better inte-
grate youth employment and education pro-
grams; and
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(B) one-stop systems to make workforce de-
velopment activities more accessible to workers,
jobseekers, and businesses; and
(8) Federal, State, and local governments have
failed to adequately allow for private sector leadership
in designing workforce development activities that are
responsive to local labor market needs.
(b) PURPOSES.—The purposes of this Act are—
(1) to make the United States more competitive
in the world economy by eliminating the fragmenta-
tion in Federal employment training efforts and cre-
ating coherent, integrated statewide workforce devel-
opment systems designed to develop more fully the
academic, occupational, and literacy skills of all seg-
ments of the workforce;
(2) to ensure that all segments of the workforce
will obtain the skills necessary to earn wages suffi-
cient to maintain the highest quality of living in the
world; and
(3) to promote the economic development of each
State by developing a skilled workforce that is respon-
sive to the labor market needs of the businesses of each
State.
SEC. 3. DEFINITIONS.
As used in this Act:
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(3) AREA
VOCATIONAL
EDUCATION
SCHOOL.—
The term ‘‘area vocational education school’’ means—
(A) a specialized secondary school used ex-
clusively or principally for the provision of voca-
tional education to individuals who are available
for study in preparation for entering the labor
market;
(B) the department of a secondary school
exclusively or principally used for providing vo-
cational education in not fewer than 5 different
occupational fields to individuals who are avail-
able for study in preparation for entering the
labor market;
(C) a technical institute or vocational school
used exclusively or principally for the provision
of vocational education to individuals who have
completed or left secondary school and who are
available for study in preparation for entering
the labor market, if the institute or school admits
as regular students both individuals who have
completed secondary school and individuals who
have left secondary school; or
(D) the department or division of a junior
college, community college, or university that
provides vocational education in not fewer than
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5 different occupational fields leading to imme-
diate employment but not necessarily leading to
a baccalaureate degree, if the department or divi-
sion admits as regular students both individuals
who have completed secondary school and indi-
viduals who have left secondary school.
(4) AT-RISK YOUTH.—The term ‘‘at-risk youth’’
means an individual who—
(A) is not less than age 15 and not more
than age 24; and
(B)(i) is determined under guidelines devel-
oped by the Federal Partnership to be low-in-
come, using the most recent available data pro-
vided by the Bureau of the Census, prior to the
determination; or
(ii) is a dependent of a family that is deter-
mined under guidelines developed by the Federal
Partnership to be low-income, using such data.
(5) CHIEF ELECTED OFFICIAL.—The term ‘‘chief
elected official’’ means the chief elected officer of a
unit of general local government in a substate area.
(6) 
COMMUNITY-BASED
ORGANIZATION.—The
term ‘‘community-based organization’’ means a pri-
vate nonprofit organization of demonstrated effective-
ness that is representative of a community or a sig-
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nificant segment of a community and that provides
workforce development activities.
(7) COVERED ACTIVITY.—The term ‘‘covered ac-
tivity’’ means an activity authorized to be carried out
under a provision described in section 191(b) (as such
provision was in effect on the day before the date of
enactment of this Act).
(8) DISLOCATED WORKER.—The term ‘‘dislocated
worker’’ means an individual who—
(A) has been terminated from employment
and is eligible for unemployment compensation;
(B) has received a notice of termination of
employment as a result of any permanent clo-
sure, or any layoff of 50 or more people, at a
plant, facility, or enterprise, or as a result of a
closure or realignment of a military installation;
(C) is long-term unemployed;
(D) was self-employed (including a farmer
and a rancher) but is unemployed due to local
economic conditions;
(E) is a displaced homemaker; or
(F) has become unemployed as a result of a
Federal action that limits the use of, or restricts
access to, a marine natural resource.
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(9) DISPLACED
HOMEMAKER.—The term ‘‘dis-
placed homemaker’’ means an individual who was a
full-time homemaker for a substantial number of
years, as determined under guidelines developed by
the Federal Partnership, and who no longer receives
financial support previously provided by a spouse or
by public assistance.
(10) ECONOMIC DEVELOPMENT ACTIVITIES.—The
term ‘‘economic development activities’’ means the ac-
tivities described in section 106(e).
(11) EDUCATIONAL SERVICE AGENCY.—The term
‘‘educational service agency’’ means a regional public
multiservice agency authorized by State statute to de-
velop and manage a service or program, and provide
the service or program to a local educational agency.
(12) ELEMENTARY SCHOOL; LOCAL EDUCATIONAL
AGENCY; SECONDARY SCHOOL.—The terms ‘‘elemen-
tary school’’, ‘‘local educational agency’’ and ‘‘second-
ary school’’ have the meanings given the terms in sec-
tion 14101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8801).
(13) FEDERAL PARTNERSHIP.—The term ‘‘Fed-
eral Partnership’’ means the Workforce Development
Partnership established in section 181, acting under
the direction of the National Board.
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(14) FLEXIBLE
WORKFORCE
ACTIVITIES.—The
term ‘‘flexible workforce activities’’ means the activi-
ties described in section 106(d).
(15) INDIVIDUAL WITH A DISABILITY.—
(A) IN
GENERAL.—The term ‘‘individual
with a disability’’ means an individual with
any disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
(B) INDIVIDUALS WITH DISABILITIES.—The
term ‘‘individuals with disabilities’’ means more
than 1 individual with a disability.
(16) LOCAL ENTITY.—The term ‘‘local entity’’
means a public or private entity responsible for local
workforce development activities or workforce prepa-
ration activities for at-risk youth.
(17) LOCAL
PARTNERSHIP.—The term ‘‘local
partnership’’ means a partnership referred to in sec-
tion 118(a).
(18) NATIONAL
BOARD.—The term ‘‘National
Board’’ means the National Board of the Federal
Partnership.
(19) OUTLYING
AREA.—The term ‘‘outlying
area’’ means the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
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a current or projected permanent closure, or layoff of
50 or more people.
(23) SCHOOL-TO-WORK
ACTIVITIES.—The term
‘‘school-to-work activities’’ means activities for youth
that—
(A) integrate school-based learning and
work-based learning;
(B) integrate academic and occupational
learning;
(C) establish effective linkages between sec-
ondary education and postsecondary education;
(D) provide each youth participant with the
opportunity to complete a career major;
(E) provide assistance in the form of con-
necting activities that link each youth partici-
pant with an employer in an industry or occu-
pation relating to the career major of the youth
participant; and
(F) are designed and carried out by local
partnerships that include representatives of busi-
ness and industry, education providers, and the
community in which the activities are carried
out.
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(24) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(25) STATE
BENCHMARKS.—The term ‘‘State
benchmarks’’, used with respect to a State, means—
(A) the quantifiable indicators established
under section 121(c) and identified in the report
submitted under section 121(a); and
(B) such other quantifiable indicators of the
statewide progress of the State toward meeting
the State goals as the State may identify in the
report submitted under section 121(a).
(26) STATE
EDUCATIONAL
AGENCY.—The term
‘‘State educational agency’’ means the State board of
education or other agency or officer primarily respon-
sible for the State supervision of public elementary or
secondary schools, or, if there is no such officer or
agency, an officer or agency designated by the Gov-
ernor or by State law.
(27) STATE
GOALS.—The term ‘‘State goals’’,
used with respect to a State, means—
(A) the goals specified in section 121(b);
and
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(B) such other major goals of the statewide
system of the State as the State may identify in
the report submitted under section 121(a).
(28) STATEWIDE SYSTEM.—The term ‘‘statewide
system’’ means a statewide workforce development
system, referred to in section 101, that is designed to
integrate workforce employment activities, workforce
education activities, flexible workforce activities, eco-
nomic development activities (in a State that is eligi-
ble to carry out such activities), vocational rehabilita-
tion program activities, and workforce preparation
activities for at-risk youth in the State in order to en-
hance and develop more fully the academic, occupa-
tional, and literacy skills of all segments of the popu-
lation of the State and assist participants in obtain-
ing meaningful unsubsidized employment.
(29) SUBSTATE
AREA.—The term ‘‘substate
area’’ means a geographic area designated by a Gov-
ernor that reflects, to the extent feasible, a local labor
market in a State.
(30) TECH-PREP
PROGRAM.—The term ‘‘tech-
prep program’’ means a program of study that—
(A) combines at least 2 years of secondary
education (as determined under State law) and
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2 years of postsecondary education in a
nonduplicative sequence;
(B) integrates academic and vocational in-
struction and utilizes worksite learning where
appropriate;
(C) provides technical preparation in an
area such as engineering technology, applied
science, a mechanical, industrial, or practical
art or trade, agriculture, a health occupation,
business, or applied economics;
(D) builds student competence in mathe-
matics, science, communications, economics, and
workplace skills, through applied academics and
integrated instruction in a coherent sequence of
courses;
(E) leads to an associate degree or a certifi-
cate in a specific career field; and
(F) leads to placement in appropriate em-
ployment or further education.
(31) VETERAN.—The term ‘‘veteran’’ has the
meaning given the term in section 101(2) of title 38,
United States Code.
(32) VOCATIONAL EDUCATION.—The term ‘‘voca-
tional education’’ means organized educational pro-
grams that—
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(A) offer a sequence of courses that provide
individuals with the academic knowledge and
skills the individuals need to prepare for further
education and careers in current or emerging
employment sectors; and
(B) include competency-based applied learn-
ing that contributes to the academic knowledge,
higher-order 
reasoning 
and 
problem-solving
skills, work attitudes, general employability
skills, and occupation-specific skills, of an indi-
vidual.
(33) VOCATIONAL REHABILITATION PROGRAM.—
The term ‘‘vocational rehabilitation program’’ means
a program assisted under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.).
(34) WELFARE ASSISTANCE.—The term ‘‘welfare
assistance’’ means—
(A) assistance provided under part A of
title IV of the Social Security Act; and
(B) assistance provided under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(35) WELFARE RECIPIENT.—The term ‘‘welfare
recipient’’ means an individual who receives welfare
assistance.
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(36) WORKFORCE DEVELOPMENT ACTIVITIES.—
The term ‘‘workforce development activities’’ means
workforce education activities, workforce employment
activities, school-to-work activities, and economic de-
velopment activities (within a State that is eligible to
carry out such activities).
(37) WORKFORCE EDUCATION ACTIVITIES.—The
term ‘‘workforce education activities’’ means the ac-
tivities described in section 106(b).
(38) WORKFORCE
EMPLOYMENT
ACTIVITIES.—
The term ‘‘workforce employment activities’’ means
the activities described in paragraphs (2) through (8)
of section 106(a), including activities described in sec-
tion 106(a)(6) provided through a voucher described
in section 106(a)(9).
(39) WORKFORCE PREPARATION ACTIVITIES FOR
AT-RISK YOUTH.—The term ‘‘workforce preparation
activities for at-risk youth’’ means the activities de-
scribed in section 161(b), carried out for at-risk
youth.