H. R. 803—166 
State and local area. After consideration of any comments received, 
the Secretary shall publish final allotments and allocations in the 
Federal Register. 
(e) AVAILABILITY OF FUNDS.—Funds shall be made available 
under section 128, and funds shall be made available under section 
133, for a local area not later than 30 days after the date the 
funds are made available to the Governor involved, under section 
127 or 132 (as the case may be), or 7 days after the date the 
local plan for the area is approved, whichever is later. 
SEC. 183. MONITORING. 
(a) IN GENERAL.—The Secretary is authorized to monitor all 
recipients of financial assistance under this title to determine 
whether the recipients are complying with the provisions of this 
title, including the regulations issued under this title. 
(b) INVESTIGATIONS.—The Secretary may investigate any matter 
the Secretary determines to be necessary to determine the compli-
ance of the recipients with this title, including the regulations 
issued under this title. The investigations authorized by this sub-
section may include examining records (including making certified 
copies of the records), questioning employees, and entering any 
premises or onto any site in which any part of a program or 
activity of such a recipient is conducted or in which any of the 
records of the recipient are kept. 
(c) ADDITIONAL REQUIREMENT.—For the purpose of any inves-
tigation or hearing conducted under this title by the Secretary, 
the provisions of section 9 of the Federal Trade Commission Act 
(15 U.S.C. 49) (relating to the attendance of witnesses and the 
production of documents) apply to the Secretary, in the same 
manner and to the same extent as the provisions apply to the 
Federal Trade Commission. 
SEC. 184. FISCAL CONTROLS; SANCTIONS. 
(a) ESTABLISHMENT OF FISCAL CONTROLS BY STATES.— 
(1) IN GENERAL.—Each State shall establish such fiscal 
control and fund accounting procedures as may be necessary 
to assure the proper disbursal of, and accounting for, Federal 
funds allocated to local areas under subtitle B. Such procedures 
shall ensure that all financial transactions carried out under 
subtitle B are conducted and records maintained in accordance 
with generally accepted accounting principles applicable in each 
State. 
(2) COST PRINCIPLES.— 
(A) IN GENERAL.—Each State (including the Governor 
of the State), local area (including the chief elected official 
for the area), and provider receiving funds under this title 
shall comply with the applicable uniform cost principles 
included in appropriate circulars or rules of the Office 
of Management and Budget for the type of entity receiving 
the funds. 
(B) EXCEPTION.—The funds made available to a State 
for administration of statewide workforce investment activi-
ties in accordance with section 134(a)(3)(B) shall be allo-
cable to the overall administration of workforce investment 
activities, but need not be specifically allocable to— 
(i) the administration of adult employment and 
training activities;
H. R. 803—167 
(ii) the administration of dislocated worker employ-
ment and training activities; or 
(iii) the administration of youth workforce invest-
ment activities. 
(3) UNIFORM ADMINISTRATIVE REQUIREMENTS.— 
(A) IN GENERAL.—Each State (including the Governor 
of the State), local area (including the chief elected official 
for the area), and provider receiving funds under this title 
shall comply with the appropriate uniform administrative 
requirements for grants and agreements applicable for the 
type of entity receiving the funds, as promulgated in circu-
lars or rules of the Office of Management and Budget. 
(B) ADDITIONAL
REQUIREMENT.—Procurement trans-
actions under this title between local boards and units 
of State or local governments shall be conducted only on 
a cost-reimbursable basis. 
(4) MONITORING.—Each Governor of a State shall conduct 
on an annual basis onsite monitoring of each local area within 
the State to ensure compliance with the uniform administrative 
requirements referred to in paragraph (3). 
(5) ACTION BY GOVERNOR.—If the Governor determines that 
a local area is not in compliance with the uniform administra-
tive requirements referred to in paragraph (3), the Governor 
shall— 
(A) require corrective action to secure prompt compli-
ance with the requirements; and 
(B) impose the sanctions provided under subsection 
(b) in the event of failure to take the required corrective 
action. 
(6) CERTIFICATION.—The Governor shall, every 2 years, 
certify to the Secretary that— 
(A) the State has implemented the uniform administra-
tive requirements referred to in paragraph (3); 
(B) the State has monitored local areas to ensure 
compliance with the uniform administrative requirements 
as required under paragraph (4); and 
(C) the State has taken appropriate action to secure 
compliance with the requirements pursuant to paragraph 
(5). 
(7) ACTION BY THE SECRETARY.—If the Secretary determines 
that the Governor has not fulfilled the requirements of this 
subsection, the Secretary shall— 
(A) require corrective action to secure prompt compli-
ance with the requirements of this subsection; and 
(B) impose the sanctions provided under subsection 
(e) in the event of failure of the Governor to take the 
required appropriate action to secure compliance with the 
requirements. 
(b) SUBSTANTIAL VIOLATION.— 
(1) ACTION BY GOVERNOR.—If, as a result of financial and 
compliance audits or otherwise, the Governor determines that 
there is a substantial violation of a specific provision of this 
title, and corrective action has not been taken, the Governor 
shall— 
(A) issue a notice of intent to revoke approval of all 
or part of the local plan affected; or 
(B) impose a reorganization plan, which may include—
H. R. 803—168 
(i) decertifying the local board involved; 
(ii) prohibiting the use of eligible providers; 
(iii) selecting an alternative entity to administer 
the program for the local area involved; 
(iv) merging the local area into one or more other 
local areas; or 
(v) making such other changes as the Secretary 
or Governor determines to be necessary to secure 
compliance with the provision. 
(2) APPEAL.— 
(A) IN GENERAL.—The actions taken by the Governor 
pursuant to subparagraphs (A) and (B) of paragraph (1) 
may be appealed to the Secretary and shall not become 
effective until— 
(i) the time for appeal has expired; or 
(ii) the Secretary has issued a decision. 
(B) ADDITIONAL
REQUIREMENT.—The Secretary shall 
make a final decision under subparagraph (A) not later 
than 45 days after the receipt of the appeal. 
(3) ACTION BY THE SECRETARY.—If the Governor fails to 
take promptly an action required under paragraph (1), the 
Secretary shall take such action. 
(c) REPAYMENT OF CERTAIN AMOUNTS TO THE UNITED STATES.— 
(1) IN GENERAL.—Every recipient of funds under this title 
shall repay to the United States amounts found not to have 
been expended in accordance with this title. 
(2) OFFSET OF REPAYMENT AMOUNT.—If the Secretary deter-
mines that a State has expended funds received under this 
title in a manner contrary to the requirements of this title, 
the Secretary may require repayment by offsetting the amount 
of such expenditures against any other amount to which the 
State is or may be entitled under this title, except as provided 
under subsection (d)(1). 
(3) REPAYMENT FROM DEDUCTION BY STATE.—If the Sec-
retary requires a State to repay funds as a result of a deter-
mination that a local area of the State has expended funds 
in a manner contrary to the requirements of this title, the 
Governor of the State may use an amount deducted under 
paragraph (4) to repay the funds, except as provided under 
subsection (e). 
(4) DEDUCTION BY STATE.—The Governor may deduct an 
amount equal to the misexpenditure described in paragraph 
(3) from subsequent program year (subsequent to the program 
year for which the determination was made) allocations to 
the local area from funds reserved for the administrative costs 
of the local programs involved, as appropriate. 
(5) LIMITATIONS.—A deduction made by a State as described 
in paragraph (4) shall not be made until such time as the 
Governor has taken appropriate corrective action to ensure 
full compliance with this title within such local area with 
regard to appropriate expenditures of funds under this title. 
(d) REPAYMENT OF AMOUNTS.— 
(1) IN GENERAL.—Each recipient of funds under this title 
shall be liable to repay the amounts described in subsection 
(c)(1), from funds other than funds received under this title, 
upon a determination by the Secretary that the misexpenditure 
of the amounts was due to willful disregard of the requirements
H. R. 803—169 
of this title, gross negligence, failure to observe accepted stand-
ards of administration, or a pattern of misexpenditure described 
in subsection (c)(1). No such determination shall be made under 
this subsection or subsection (c) until notice and opportunity 
for a fair hearing have been given to the recipient. 
(2) FACTORS
IN
IMPOSING
SANCTIONS.—In determining 
whether to impose any sanction authorized by this section 
against a recipient of funds under this title for violations of 
this title (including applicable regulations) by a subgrantee 
or contractor of such recipient, the Secretary shall first deter-
mine whether such recipient has adequately demonstrated that 
the recipient has— 
(A) established and adhered to an appropriate system, 
for entering into and monitoring subgrant agreements and 
contracts with subgrantees and contractors, that contains 
acceptable standards for ensuring accountability; 
(B) entered into a written subgrant agreement or con-
tract with such a subgrantee or contractor that established 
clear goals and obligations in unambiguous terms; 
(C) 
acted 
with 
due 
diligence 
to 
monitor 
the 
implementation of the subgrant agreement or contract, 
including carrying out the appropriate monitoring activities 
(including audits) at reasonable intervals; and 
(D) taken prompt and appropriate corrective action 
upon becoming aware of any evidence of a violation of 
this title, including regulations issued under this title, by 
such subgrantee or contractor. 
(3) WAIVER.—If the Secretary determines that the recipient 
has demonstrated substantial compliance with the require-
ments of paragraph (2), the Secretary may waive the imposition 
of sanctions authorized by this section upon such recipient. 
The Secretary is authorized to impose any sanction consistent 
with the provisions of this title and with any applicable Federal 
or State law directly against any subgrantee or contractor 
for violation of this title, including regulations issued under 
this title. 
(e) IMMEDIATE TERMINATION OR SUSPENSION OF ASSISTANCE 
IN EMERGENCY SITUATIONS.—In emergency situations, if the Sec-
retary determines it is necessary to protect the integrity of the 
funds or ensure the proper operation of the program or activity 
involved, the Secretary may immediately terminate or suspend 
financial assistance, in whole or in part, to the recipient if the 
recipient is given prompt notice and the opportunity for a subse-
quent hearing within 30 days after such termination or suspension. 
The Secretary shall not delegate any of the functions or authority 
specified in this subsection, other than to an officer whose appoint-
ment is required to be made by and with the advice and consent 
of the Senate. 
(f) DISCRIMINATION AGAINST PARTICIPANTS.—If the Secretary 
determines that any recipient under this title has discharged or 
in any other manner discriminated against a participant or against 
any individual in connection with the administration of the program 
involved, or against any individual because such individual has 
filed any complaint or instituted or caused to be instituted any 
proceeding under or related to this title, or has testified or is 
about to testify in any such proceeding or an investigation under
H. R. 803—170 
or related to this title, or otherwise unlawfully denied to any indi-
vidual a benefit to which that individual is entitled under the 
provisions of this title, including regulations issued under this 
title, the Secretary shall, within 30 days, take such action or order 
such corrective measures, as necessary, with respect to the recipient 
or the aggrieved individual, or both. 
(g) REMEDIES.—The remedies described in this section shall 
not be considered to be the exclusive remedies available for viola-
tions described in this section. 
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS. 
(a) RECIPIENT RECORDKEEPING AND REPORTS.— 
(1) IN GENERAL.—Recipients of funds under this title shall 
keep records that are sufficient to permit the preparation of 
reports required by this title and to permit the tracing of 
funds to a level of expenditure adequate to ensure that the 
funds have not been spent unlawfully. 
(2) RECORDS AND REPORTS REGARDING GENERAL PERFORM-
ANCE.—Every such recipient shall maintain such records and 
submit such reports, in such form and containing such informa-
tion, as the Secretary may require regarding the performance 
of programs and activities carried out under this title. Such 
records and reports shall be submitted to the Secretary but 
shall not be required to be submitted more than once each 
quarter unless specifically requested by Congress or a com-
mittee of Congress, in which case an estimate regarding such 
information may be provided. 
(3) MAINTENANCE
OF
STANDARDIZED
RECORDS.—In order 
to allow for the preparation of the reports required under 
subsection (c), such recipients shall maintain standardized 
records for all individual participants and provide to the Sec-
retary a sufficient number of such records to provide for an 
adequate analysis of the records. 
(4) AVAILABILITY TO THE PUBLIC.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), records maintained by such recipients pursuant to 
this subsection shall be made available to the public upon 
request. 
(B) EXCEPTION.—Subparagraph (A) shall not apply to— 
(i) information, the disclosure of which would con-
stitute a clearly unwarranted invasion of personal pri-
vacy; and 
(ii) trade secrets, or commercial or financial 
information, that is— 
(I) obtained from a person; and 
(II) privileged or confidential. 
(C) FEES
TO
RECOVER
COSTS.—Such recipients may 
charge fees sufficient to recover costs applicable to the 
processing of requests for records under subparagraph (A). 
(b) INVESTIGATIONS OF USE OF FUNDS.— 
(1) IN GENERAL.— 
(A) SECRETARY.—In order to evaluate compliance with 
the provisions of this title, the Secretary shall conduct, 
in several States, in each fiscal year, investigations of 
the use of funds received by recipients under this title. 
(B) COMPTROLLER GENERAL OF THE UNITED STATES.— 
In order to ensure compliance with the provisions of this
H. R. 803—171 
title, the Comptroller General of the United States may 
conduct investigations of the use of funds received under 
this title by any recipient. 
(2) PROHIBITION.—In conducting any investigation under 
this title, the Secretary or the Comptroller General of the 
United States may not request the compilation of any informa-
tion that the recipient is not otherwise required to compile 
and that is not readily available to such recipient. 
(3) AUDITS.— 
(A) IN GENERAL.—In carrying out any audit under this 
title (other than any initial audit survey or any audit 
investigating possible criminal or fraudulent conduct), 
either directly or through grant or contract, the Secretary, 
the Inspector General of the Department of Labor, or the 
Comptroller General of the United States shall furnish 
to the State, recipient, or other entity to be audited, 
advance notification of the overall objectives and purposes 
of the audit, and any extensive recordkeeping or data 
requirements to be met, not later than 14 days (or as 
soon as practicable) prior to the commencement of the 
audit. 
(B) NOTIFICATION REQUIREMENT.—If the scope, objec-
tives, or purposes of the audit change substantially during 
the course of the audit, the entity being audited shall 
be notified of the change as soon as practicable. 
(C) ADDITIONAL
REQUIREMENT.—The reports on the 
results of such audits shall cite the law, regulation, policy, 
or other criteria applicable to any finding contained in 
the reports. 
(D) RULE
OF
CONSTRUCTION.—Nothing contained in 
this title shall be construed so as to be inconsistent with 
the Inspector General Act of 1978 (5 U.S.C. App.) or govern-
ment auditing standards issued by the Comptroller General 
of the United States. 
(c) GRANTEE INFORMATION RESPONSIBILITIES.—Each State, each 
local board, and each recipient (other than a subrecipient, sub-
grantee, or contractor of a recipient) receiving funds under this 
title— 
(1) shall make readily accessible such reports concerning 
its operations and expenditures as shall be prescribed by the 
Secretary; 
(2) shall prescribe and maintain comparable management 
information systems, in accordance with guidelines that shall 
be prescribed by the Secretary, designed to facilitate the uni-
form compilation, cross tabulation, and analysis of pro-
grammatic, participant, and financial data, on statewide, local 
area, and other appropriate bases, necessary for reporting, mon-
itoring, and evaluating purposes, including data necessary to 
comply with section 188; 
(3) shall monitor the performance of providers in complying 
with the terms of grants, contracts, or other agreements made 
pursuant to this title; and 
(4) shall, to the extent practicable, submit or make avail-
able (including through electronic means) any reports, records, 
plans, or any other data that are required to be submitted 
or made available, respectively, under this title. 
(d) INFORMATION TO BE INCLUDED IN REPORTS.—
H. R. 803—172 
(1) IN GENERAL.—The reports required in subsection (c) 
shall include information regarding programs and activities 
carried out under this title pertaining to— 
(A) the relevant demographic characteristics (including 
race, ethnicity, sex, and age) and other related information 
regarding participants; 
(B) the programs and activities in which participants 
are enrolled, and the length of time that participants are 
engaged in such programs and activities; 
(C) outcomes of the programs and activities for partici-
pants, including the occupations of participants, and place-
ment for participants in nontraditional employment; 
(D) specified costs of the programs and activities; and 
(E) information necessary to prepare reports to comply 
with section 188. 
(2) ADDITIONAL REQUIREMENT.—The Secretary shall ensure 
that all elements of the information required for the reports 
described in paragraph (1) are defined and that the information 
is reported uniformly. 
(e) QUARTERLY FINANCIAL REPORTS.— 
(1) IN GENERAL.—Each local board in a State shall submit 
quarterly financial reports to the Governor with respect to 
programs and activities carried out under this title. Such 
reports shall include information identifying all program and 
activity costs by cost category in accordance with generally 
accepted accounting principles and by year of the appropriation 
involved. 
(2) ADDITIONAL REQUIREMENT.—Each State shall submit 
to the Secretary, and the Secretary shall submit to the Com-
mittee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Education and the Workforce of the 
House of Representatives, on a quarterly basis, a summary 
of the reports submitted to the Governor pursuant to paragraph 
(1). 
(f) MAINTENANCE OF ADDITIONAL RECORDS.—Each State and 
local board shall maintain records with respect to programs and 
activities carried out under this title that identify— 
(1) any income or profits earned, including such income 
or profits earned by subrecipients; and 
(2) any costs incurred (such as stand-in costs) that are 
otherwise allowable except for funding limitations. 
(g) COST CATEGORIES.—In requiring entities to maintain records 
of costs by cost category under this title, the Secretary shall require 
only that the costs be categorized as administrative or programmatic 
costs. 
SEC. 186. ADMINISTRATIVE ADJUDICATION. 
(a) IN GENERAL.—Whenever any applicant for financial assist-
ance under this title is dissatisfied because the Secretary has made 
a determination not to award financial assistance in whole or in 
part to such applicant, the applicant may request a hearing before 
an administrative law judge of the Department of Labor. A similar 
hearing may also be requested by any recipient for whom a correc-
tive action has been required or a sanction has been imposed 
by the Secretary under section 184. 
(b) APPEAL.—The decision of the administrative law judge shall 
constitute final action by the Secretary unless, within 20 days
H. R. 803—173 
after receipt of the decision of the administrative law judge, a 
party dissatisfied with the decision or any part of the decision 
has filed exceptions with the Secretary specifically identifying the 
procedure, fact, law, or policy to which exception is taken. Any 
exception not specifically urged during the 20-day period shall be 
deemed to have been waived. After the 20-day period the decision 
of the administrative law judge shall become the final decision 
of the Secretary unless the Secretary, within 30 days after such 
filing, notifies the parties that the case involved has been accepted 
for review. 
(c) TIME LIMIT.—Any case accepted for review by the Secretary 
under subsection (b) shall be decided within 180 days after such 
acceptance. If the case is not decided within the 180-day period, 
the decision of the administrative law judge shall become the final 
decision of the Secretary at the end of the 180-day period. 
(d) ADDITIONAL REQUIREMENT.—The provisions of section 187 
shall apply to any final action of the Secretary under this section. 
SEC. 187. JUDICIAL REVIEW. 
(a) REVIEW.— 
(1) PETITION.—With respect to any final order by the Sec-
retary under section 186 by which the Secretary awards, 
declines to award, or only conditionally awards, financial assist-
ance under this title, or any final order of the Secretary under 
section 186 with respect to a corrective action or sanction 
imposed under section 184, any party to a proceeding that 
resulted in such final order may obtain review of such final 
order in the United States Court of Appeals having jurisdiction 
over the applicant for or recipient of the funds involved, by 
filing a review petition within 30 days after the date of issuance 
of such final order. 
(2) ACTION
ON
PETITION.—The clerk of the court shall 
transmit a copy of the review petition to the Secretary, who 
shall file the record on which the final order was entered 
as provided in section 2112 of title 28, United States Code. 
The filing of a review petition shall not stay the order of 
the Secretary, unless the court orders a stay. Petitions filed 
under this subsection shall be heard expeditiously, if possible 
within 10 days after the date of filing of a reply to the petition. 
(3) STANDARD AND SCOPE OF REVIEW.—No objection to the 
order of the Secretary shall be considered by the court unless 
the objection was specifically urged, in a timely manner, before 
the Secretary. The review shall be limited to questions of law 
and the findings of fact of the Secretary shall be conclusive 
if supported by substantial evidence. 
(b) JUDGMENT.—The court shall have jurisdiction to make and 
enter a decree affirming, modifying, or setting aside the order 
of the Secretary in whole or in part. The judgment of the court 
regarding the order shall be final, subject to certiorari review by 
the Supreme Court as provided in section 1254(1) of title 28, United 
States Code. 
SEC. 188. NONDISCRIMINATION. 
(a) IN GENERAL.— 
(1) FEDERAL FINANCIAL ASSISTANCE.—For the purpose of 
applying the prohibitions against discrimination on the basis 
of age under the Age Discrimination Act of 1975 (42 U.S.C. 
6101 et seq.), on the basis of disability under section 504
H. R. 803—174 
of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis 
of sex under title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.), or on the basis of race, color, or 
national origin under title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.), programs and activities funded or 
otherwise financially assisted in whole or in part under this 
Act are considered to be programs and activities receiving Fed-
eral financial assistance. 
(2) PROHIBITION OF DISCRIMINATION REGARDING PARTICIPA-
TION, BENEFITS, AND
EMPLOYMENT.—No individual shall be 
excluded from participation in, denied the benefits of, subjected 
to discrimination under, or denied employment in the adminis-
tration of or in connection with, any such program or activity 
because of race, color, religion, sex (except as otherwise per-
mitted under title IX of the Education Amendments of 1972), 
national origin, age, disability, or political affiliation or belief. 
(3) PROHIBITION ON ASSISTANCE FOR FACILITIES FOR SEC-
TARIAN INSTRUCTION OR RELIGIOUS WORSHIP.—Participants shall 
not be employed under this title to carry out the construction, 
operation, or maintenance of any part of any facility that is 
used or to be used for sectarian instruction or as a place 
for religious worship (except with respect to the maintenance 
of a facility that is not primarily or inherently devoted to 
sectarian instruction or religious worship, in a case in which 
the organization operating the facility is part of a program 
or activity providing services to participants). 
(4) PROHIBITION ON DISCRIMINATION ON BASIS OF PARTICI-
PANT STATUS.—No person may discriminate against an indi-
vidual who is a participant in a program or activity that 
receives funds under this title, with respect to the terms and 
conditions affecting, or rights provided to, the individual, solely 
because of the status of the individual as a participant. 
(5) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN NON-
CITIZENS.—Participation in programs and activities or receiving 
funds under this title shall be available to citizens and nationals 
of the United States, lawfully admitted permanent resident 
aliens, refugees, asylees, and parolees, and other immigrants 
authorized by the Attorney General to work in the United 
States. 
(b) ACTION OF SECRETARY.—Whenever the Secretary finds that 
a State or other recipient of funds under this title has failed 
to comply with a provision of law referred to in subsection (a)(1), 
or with paragraph (2), (3), (4), or (5) of subsection (a), including 
an applicable regulation prescribed to carry out such provision 
or paragraph, the Secretary shall notify such State or recipient 
and shall request that the State or recipient comply. If within 
a reasonable period of time, not to exceed 60 days, the State 
or recipient fails or refuses to comply, the Secretary may— 
(1) refer the matter to the Attorney General with a rec-
ommendation that an appropriate civil action be instituted; 
or 
(2) take such other action as may be provided by law. 
(c) ACTION OF ATTORNEY GENERAL.—When a matter is referred 
to the Attorney General pursuant to subsection (b)(1), or whenever 
the Attorney General has reason to believe that a State or other 
recipient of funds under this title is engaged in a pattern or practice 
of discrimination in violation of a provision of law referred to
H. R. 803—175 
in subsection (a)(1) or in violation of paragraph (2), (3), (4), or 
(5) of subsection (a), the Attorney General may bring a civil action 
in any appropriate district court of the United States for such 
relief as may be appropriate, including injunctive relief. 
(d) JOB CORPS.—For the purposes of this section, Job Corps 
members shall be considered to be the ultimate beneficiaries of 
Federal financial assistance. 
(e) REGULATIONS.—The Secretary shall issue regulations nec-
essary to implement this section not later than 1 year after the 
date of enactment of the Workforce Innovation and Opportunity 
Act. Such regulations shall adopt standards for determining 
discrimination and procedures for enforcement that are consistent 
with the Acts referred to in subsection (a)(1), as well as procedures 
to ensure that complaints filed under this section and such Acts 
are processed in a manner that avoids duplication of effort. 
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPON-
SIBILITIES. 
(a) IN GENERAL.—In accordance with chapter 5 of title 5, United 
States Code, the Secretary may prescribe rules and regulations 
to carry out this title, only to the extent necessary to administer 
and ensure compliance with the requirements of this title. Such 
rules and regulations may include provisions making adjustments 
authorized by section 6504 of title 31, United States Code. All 
such rules and regulations shall be published in the Federal Reg-
ister at least 30 days prior to their effective dates. Copies of each 
such rule or regulation shall be transmitted to the appropriate 
committees of Congress on the date of such publication and shall 
contain, with respect to each material provision of such rule or 
regulation, a citation to the particular substantive section of law 
that is the basis for the provision. 
(b) ACQUISITION OF CERTAIN PROPERTY AND SERVICES.—The 
Secretary is authorized, in carrying out this title, to accept, pur-
chase, or lease in the name of the Department of Labor, and 
employ or dispose of in furtherance of the purposes of this title, 
any money or property, real, personal, or mixed, tangible or intan-
gible, received by gift, devise, bequest, or otherwise, and to accept 
voluntary and uncompensated services notwithstanding the provi-
sions of section 1342 of title 31, United States Code. 
(c) AUTHORITY TO ENTER INTO CERTAIN AGREEMENTS AND TO 
MAKE CERTAIN EXPENDITURES.—The Secretary may make such 
grants, enter into such contracts or agreements, establish such 
procedures, and make such payments, in installments and in 
advance or by way of reimbursement, or otherwise allocate or 
expend such funds under this title, as may be necessary to carry 
out this title, including making expenditures for construction, 
repairs, and capital improvements, and including making necessary 
adjustments in payments on account of over-payments or underpay-
ments. 
(d) ANNUAL REPORT.—The Secretary shall prepare and submit 
to the Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Education, Labor, 
and Pensions of the Senate an annual report regarding the pro-
grams and activities funded under this title. The Secretary shall 
include in such report—
H. R. 803—176 
(1) a summary of the achievements, failures, and challenges 
of the programs and activities in meeting the objectives of 
this title; 
(2) a summary of major findings from research, evaluations, 
pilot projects, and experiments conducted under this title in 
the fiscal year prior to the submission of the report; 
(3) recommendations for modifications in the programs and 
activities based on analysis of such findings; and 
(4) such other recommendations for legislative or adminis-
trative action as the Secretary determines to be appropriate. 
(e) UTILIZATION OF SERVICES AND FACILITIES.—The Secretary 
is authorized, in carrying out this title, under the same procedures 
as are applicable under subsection (c) or to the extent permitted 
by law other than this title, to accept and use the services and 
facilities of departments, agencies, and establishments of the United 
States. The Secretary is also authorized, in carrying out this title, 
to accept and use the services and facilities of the agencies of 
any State or political subdivision of a State, with the consent 
of the State or political subdivision. 
(f) OBLIGATIONAL
AUTHORITY.—Notwithstanding any other 
provision of this title, the Secretary shall have no authority to 
enter into contracts, grant agreements, or other financial assistance 
agreements under this title, except to such extent and in such 
amounts as are provided in advance in appropriations Acts. 
(g) PROGRAM YEAR.— 
(1) IN GENERAL.— 
(A) PROGRAM YEAR.—Except as provided in subpara-
graph (B), appropriations for any fiscal year for programs 
and activities funded under this title shall be available 
for obligation only on the basis of a program year. The 
program year shall begin on July 1 in the fiscal year 
for which the appropriation is made. 
(B) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—The 
Secretary may make available for obligation, beginning 
April 1 of any fiscal year, funds appropriated for such 
fiscal year to carry out youth workforce investment activi-
ties under subtitle B and activities under section 171. 
(2) AVAILABILITY.— 
(A) IN
GENERAL.—Funds obligated for any program 
year for a program or activity funded under subtitle B 
may be expended by each State receiving such funds during 
that program year and the 2 succeeding program years. 
Funds received by local areas from States under subtitle 
B during a program year may be expended during that 
program year and the succeeding program year. 
(B) CERTAIN NATIONAL ACTIVITIES.— 
(i) IN GENERAL.—Funds obligated for any program 
year for any program or activity carried out under 
section 169 shall remain available until expended. 
(ii) INCREMENTAL FUNDING BASIS.—A contract or 
arrangement entered into under the authority of sub-
section (a) or (b) of section 169 (relating to evaluations, 
research projects, studies and reports, and multistate 
projects), including a long-term, nonseverable services 
contract, may be funded on an incremental basis with 
annual appropriations or other available funds.
H. R. 803—177 
(C) SPECIAL RULE.—No amount of the funds obligated 
for a program year for a program or activity funded under 
this title shall be deobligated on account of a rate of 
expenditure that is consistent with a State plan, an oper-
ating plan described in section 151, or a plan, grant agree-
ment, contract, application, or other agreement described 
in subtitle D, as appropriate. 
(D) FUNDS
FOR
PAY-FOR-PERFORMANCE
CONTRACT 
STRATEGIES.—Funds used to carry out pay-for-performance 
contract strategies by local areas shall remain available 
until expended. 
(h) ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT.—The 
Secretary shall ensure that each individual participating in any 
program or activity established under this title, or receiving any 
assistance or benefit under this title, has not violated section 3 
of the Military Selective Service Act (50 U.S.C. App. 453) by not 
presenting and submitting to registration as required pursuant 
to such section. The Director of the Selective Service System shall 
cooperate with the Secretary to enable the Secretary to carry out 
this subsection. 
(i) WAIVERS.— 
(1) SPECIAL RULE REGARDING DESIGNATED AREAS.—A State 
that has enacted, not later than December 31, 1997, a State 
law providing for the designation of service delivery areas for 
the delivery of workforce investment activities, may use such 
areas as local areas under this title, notwithstanding section 
106. 
(2) SPECIAL RULE REGARDING SANCTIONS.—A State that has 
enacted, not later than December 31, 1997, a State law pro-
viding for the sanctioning of such service delivery areas for 
failure to meet performance accountability measures for 
workforce investment activities, may use the State law to sanc-
tion local areas for failure to meet State performance account-
ability measures under this title. 
(3) GENERAL
WAIVERS
OF
STATUTORY
OR
REGULATORY 
REQUIREMENTS.— 
(A) GENERAL AUTHORITY.—Notwithstanding any other 
provision of law, the Secretary may waive for a State, 
or a local area in a State, pursuant to a request submitted 
by the Governor of the State (in consultation with appro-
priate local elected officials) with a plan that meets the 
requirements of subparagraph (B)— 
(i) any of the statutory or regulatory requirements 
of subtitle A, subtitle B, or this subtitle (except for 
requirements relating to wage and labor standards, 
including nondisplacement protections, worker rights, 
participation and protection of workers and partici-
pants, grievance procedures and judicial review, non-
discrimination, allocation of funds to local areas, eligi-
bility of providers or participants, the establishment 
and functions of local areas and local boards, the 
funding of infrastructure costs for one-stop centers, 
and procedures for review and approval of plans, and 
other requirements relating to the basic purposes of 
this title); and 
(ii) any of the statutory or regulatory requirements 
of sections 8 through 10 of the Wagner-Peyser Act
H. R. 803—178 
(29 U.S.C. 49g through 49i) (excluding requirements 
relating to the provision of services to unemployment 
insurance claimants and veterans, and requirements 
relating to universal access to basic labor exchange 
services without cost to jobseekers). 
(B) REQUESTS.—A Governor requesting a waiver under 
subparagraph (A) shall submit a plan to the Secretary 
to improve the statewide workforce development system 
that— 
(i) identifies the statutory or regulatory require-
ments that are requested to be waived and the goals 
that the State or local area in the State, as appropriate, 
intends to achieve as a result of the waiver; 
(ii) describes the actions that the State or local 
area, as appropriate, has undertaken to remove State 
or local statutory or regulatory barriers; 
(iii) describes the goals of the waiver and the 
expected programmatic outcomes if the request is 
granted; 
(iv) describes the individuals impacted by the 
waiver; and 
(v) describes the process used to monitor the 
progress in implementing such a waiver, and the 
process by which notice and, in the case of a waiver 
for a local area, an opportunity to comment on such 
request has been provided to the local board for the 
local area for which the waiver is requested. 
(C) CONDITIONS.—Not later than 90 days after the 
date of the original submission of a request for a waiver 
under subparagraph (A), the Secretary shall provide a 
waiver under this subsection if and only to the extent 
that— 
(i) the Secretary determines that the requirements 
requested to be waived impede the ability of the State 
or local area, as appropriate, to implement the plan 
described in subparagraph (B); and 
(ii) the State has executed a memorandum of 
understanding with the Secretary requiring such State 
to meet, or ensure that the local area for which the 
waiver is requested meets, agreed-upon outcomes and 
to implement other appropriate measures to ensure 
accountability. 
(D) EXPEDITED DETERMINATION REGARDING PROVISION 
OF WAIVERS.—If the Secretary has approved a waiver of 
statutory or regulatory requirements for a State or local 
area pursuant to this subsection, the Secretary shall expe-
dite the determination regarding the provision of that 
waiver, for another State or local area if such waiver is 
in accordance with the approved State or local plan, as 
appropriate. 
SEC. 190. WORKFORCE FLEXIBILITY PLANS. 
(a) PLANS.—A State may submit to the Secretary, and the 
Secretary may approve, a workforce flexibility plan under which 
the State is authorized to waive, in accordance with the plan—
H. R. 803—179 
(1) any of the statutory or regulatory requirements 
applicable under this title to local areas, pursuant to applica-
tions for such waivers from the local areas, except for require-
ments relating to the basic purposes of this title, wage and 
labor standards, grievance procedures and judicial review, non-
discrimination, eligibility of participants, allocation of funds 
to local areas, establishment and functions of local areas and 
local boards, procedures for review and approval of local plans, 
and worker rights, participation, and protection; 
(2) any of the statutory or regulatory requirements 
applicable under sections 8 through 10 of the Wagner-Peyser 
Act (29 U.S.C. 49g through 49i) to the State (excluding require-
ments relating to the provision of services to unemployment 
insurance claimants and veterans, and requirements relating 
to universal access to basic labor exchange services without 
cost to jobseekers); and 
(3) any of the statutory or regulatory requirements 
applicable under the Older Americans Act of 1965 (42 U.S.C. 
3001 et seq.) to State agencies on aging with respect to activities 
carried out using funds allotted under section 506(b) of such 
Act (42 U.S.C. 3056d(b)), except for requirements relating to 
the basic purposes of such Act, wage and labor standards, 
eligibility of participants in the activities, and standards for 
grant agreements. 
(b) CONTENT OF PLANS.—A workforce flexibility plan imple-
mented by a State under subsection (a) shall include descriptions 
of— 
(1)(A) the process by which local areas in the State may 
submit and obtain approval by the State of applications for 
waivers of requirements applicable under this title; and 
(B) the requirements described in subparagraph (A) that 
are likely to be waived by the State under the plan; 
(2) the requirements applicable under sections 8 through 
10 of the Wagner-Peyser Act that are proposed to be waived, 
if any; 
(3) the requirements applicable under the Older Americans 
Act of 1965 that are proposed to be waived, if any; 
(4) the outcomes to be achieved by the waivers described 
in paragraphs (1) through (3); and 
(5) other measures to be taken to ensure appropriate 
accountability for Federal funds in connection with the waivers. 
(c) PERIODS.—The Secretary may approve a workforce flexibility 
plan for a period of not more than 5 years. 
(d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior to submitting 
a workforce flexibility plan to the Secretary for approval, the State 
shall provide to all interested parties and to the general public 
adequate notice of and a reasonable opportunity for comment on 
the waiver requests proposed to be implemented pursuant to such 
plan. 
SEC. 191. STATE LEGISLATIVE AUTHORITY. 
(a) AUTHORITY OF STATE LEGISLATURE.—Nothing in this title 
shall be interpreted to preclude the enactment of State legislation 
providing for the implementation, consistent with the provisions 
of this title, of the activities assisted under this title. Any funds 
received by a State under this title shall be subject to appropriation
H. R. 803—180 
by the State legislature, consistent with the terms and conditions 
required under this title. 
(b) INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS.— 
In the event that compliance with provisions of this title would 
be enhanced by compacts and cooperative agreements between 
States, the consent of Congress is given to States to enter into 
such compacts and agreements to facilitate such compliance, subject 
to the approval of the Secretary. 
SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT 
SECURITY AGENCY REAL PROPERTY TO THE STATES. 
(a) TRANSFER OF FEDERAL EQUITY.—Notwithstanding any other 
provision of law, any Federal equity acquired in real property 
through grants to States awarded under title III of the Social 
Security Act (42 U.S.C. 501 et seq.) or under the Wagner-Peyser 
Act (29 U.S.C. 49 et seq.) is transferred to the States that used 
the grants for the acquisition of such equity. The portion of any 
real property that is attributable to the Federal equity transferred 
under this section shall be used to carry out activities authorized 
under this Act, title III of the Social Security Act, or the Wagner- 
Peyser Act. Any disposition of such real property shall be carried 
out in accordance with the procedures prescribed by the Secretary 
and the portion of the proceeds from the disposition of such real 
property that is attributable to the Federal equity transferred under 
this section shall be used to carry out activities authorized under 
this Act, title III of the Social Security Act, or the Wagner-Peyser 
Act. 
(b) LIMITATION ON USE.—A State shall not use funds awarded 
under this Act, title III of the Social Security Act, or the Wagner- 
Peyser Act to amortize the costs of real property that is purchased 
by any State on or after the date of enactment of the Revised 
Continuing Appropriations Resolution, 2007. 
SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLICIES. 
(a) IN GENERAL.—Notwithstanding any other provision of this 
title, the Secretary may not deny approval of a State plan for 
a covered State, or an application of a covered State for financial 
assistance, under this title, or find a covered State (including a 
State board or Governor), or a local area (including a local board 
or chief elected official) in a covered State, in violation of a provision 
of this title, on the basis that— 
(1)(A) the State proposes to allocate or disburse, allocates, 
or disburses, within the State, funds made available to the 
State under section 127 or 132 in accordance with the allocation 
formula for the type of activities involved, or in accordance 
with a disbursal procedure or process, used by the State under 
prior consistent State laws; or 
(B) a local board in the State proposes to disburse, or 
disburses, within the local area, funds made available to the 
State under section 127 or 132 in accordance with a disbursal 
procedure or process used by a private industry council under 
prior consistent State law; 
(2) the State proposes to carry out or carries out a State 
procedure through which local areas use, as fiscal agents for 
funds made available to the State under section 127 or 132 
and allocated within the State, fiscal agents selected in accord-
ance with a process established under prior consistent State 
laws;
H. R. 803—181 
(3) the State proposes to carry out or carries out a State 
procedure through which the local boards in the State (or 
the local boards, the chief elected officials in the State, and 
the Governor) designate or select the one-stop partners and 
one-stop operators of the statewide system in the State under 
prior consistent State laws, in lieu of making the designation 
or certification described in section 121 (regardless of the date 
the one-stop delivery systems involved have been established); 
(4) the State proposes to carry out or carries out a State 
procedure through which the persons responsible for selecting 
eligible providers for purposes of subtitle B are permitted to 
determine that a provider shall not be selected to provide 
both intake services under section 134(c)(2) and training serv-
ices under section 134(c)(3), under prior consistent State laws; 
(5) the State proposes to designate or designates a State 
board, or proposes to assign or assigns functions and roles 
of the State board (including determining the time periods 
for development and submission of a State plan required under 
section 102 or 103), for purposes of subtitle A in accordance 
with prior consistent State laws; or 
(6) a local board in the State proposes to use or carry 
out, uses, or carries out a local plan (including assigning func-
tions and roles of the local board) for purposes of subtitle 
A in accordance with the authorities and requirements 
applicable to local plans and private industry councils under 
prior consistent State laws. 
(b) DEFINITION.—In this section: 
(1) COVERED STATE.—The term ‘‘covered State’’ means a 
State that enacted State laws described in paragraph (2). 
(2) PRIOR CONSISTENT STATE LAWS.—The term ‘‘prior con-
sistent State laws’’ means State laws, not inconsistent with 
the Job Training Partnership Act or any other applicable Fed-
eral law, that took effect on September 1, 1993, September 
1, 1995, and September 1, 1997. 
SEC. 194. GENERAL PROGRAM REQUIREMENTS. 
Except as otherwise provided in this title, the following condi-
tions apply to all programs under this title: 
(1) Each program under this title shall provide employment 
and training opportunities to those who can benefit from, and 
who are most in need of, such opportunities. In addition, the 
recipients of Federal funding for programs under this title 
shall make efforts to develop programs that contribute to 
occupational development, upward mobility, development of 
new careers, and opportunities for nontraditional employment. 
(2) Funds provided under this title shall only be used 
for activities that are in addition to activities that would other-
wise be available in the local area in the absence of such 
funds. 
(3)(A) Any local area may enter into an agreement with 
another local area (including a local area that is a city or 
county within the same labor market) to pay or share the 
cost of educating, training, or placing individuals participating 
in programs assisted under this title, including the provision 
of supportive services.
H. R. 803—182 
(B) Such agreement shall be approved by each local board 
for a local area entering into the agreement and shall be 
described in the local plan under section 108. 
(4) On-the-job training contracts under this title, shall not 
be entered into with employers who have received payments 
under previous contracts under this Act or the Workforce 
Investment Act of 1998 and have exhibited a pattern of failing 
to provide on-the-job training participants with continued long- 
term employment as regular employees with wages and employ-
ment benefits (including health benefits) and working condi-
tions at the same level and to the same extent as other 
employees working a similar length of time and doing the 
same type of work. 
(5) No person or organization may charge an individual 
a fee for the placement or referral of the individual in or 
to a workforce investment activity under this title. 
(6) The Secretary shall not provide financial assistance 
for any program under this title that involves political activities. 
(7)(A) Income under any program administered by a public 
or private nonprofit entity may be retained by such entity 
only if such income is used to continue to carry out the program. 
(B) Income subject to the requirements of subparagraph 
(A) shall include— 
(i) receipts from goods or services (including con-
ferences) provided as a result of activities funded under 
this title; 
(ii) funds provided to a service provider under this 
title that are in excess of the costs associated with the 
services provided; and 
(iii) interest income earned on funds received under 
this title. 
(C) For purposes of this paragraph, each entity receiving 
financial assistance under this title shall maintain records suffi-
cient to determine the amount of such income received and 
the purposes for which such income is expended. 
(8)(A) The Secretary shall notify the Governor and the 
appropriate local board and chief elected official of, and consult 
with the Governor and such board and official concerning, 
any activity to be funded by the Secretary under this title 
within the corresponding State or local area. 
(B) The Governor shall notify the appropriate local board 
and chief elected official of, and consult with such board and 
official concerning, any activity to be funded by the Governor 
under this title within the corresponding local area. 
(9)(A) All education programs for youth supported with 
funds provided under chapter 2 of subtitle B shall be consistent 
with applicable State and local educational standards. 
(B) Standards and procedures with respect to awarding 
academic credit and certifying educational attainment in pro-
grams conducted under such chapter shall be consistent with 
the requirements of applicable State and local law, including 
regulation. 
(10) No funds available under this title may be used for 
public service employment except as specifically authorized 
under this title.
H. R. 803—183 
(11) The Federal requirements governing the title, use, 
and disposition of real property, equipment, and supplies pur-
chased with funds provided under this title shall be the cor-
responding Federal requirements generally applicable to such 
items purchased through Federal grants to States and local 
governments. 
(12) Nothing in this title shall be construed to provide 
an individual with an entitlement to a service under this title. 
(13) Services, facilities, or equipment funded under this 
title may be used, as appropriate, on a fee-for-service basis, 
by employers in a local area in order to provide employment 
and training activities to incumbent workers— 
(A) when such services, facilities, or equipment are 
not in use for the provision of services for eligible partici-
pants under this title; 
(B) if such use for incumbent workers would not have 
an adverse effect on the provision of services to eligible 
participants under this title; and 
(C) if the income derived from such fees is used to 
carry out the programs authorized under this title. 
(14) Funds provided under this title shall not be used 
to establish or operate a stand-alone fee-for-service enterprise 
in a situation in which a private sector employment agency 
(as defined in section 701 of the Civil Rights Act of 1964 
(42 U.S.C. 2000e)) is providing full access to similar or related 
services in such a manner as to fully meet the identified need. 
For purposes of this paragraph, such an enterprise does not 
include a one-stop delivery system described in section 121(e). 
(15)(A) None of the funds available under this title shall 
be used by a recipient or subrecipient of such funds to pay 
the salary and bonuses of an individual, either as direct costs 
or indirect costs, at a rate in excess of the annual rate of 
basic pay prescribed for level II of the Executive Schedule 
under section 5313 of title 5, United States Code. 
(B) The limitation described in subparagraph (A) shall 
not apply to vendors providing goods and services as defined 
in Office of Management and Budget Circular A–133. In a 
case in which a State is a recipient of such funds, the State 
may establish a lower limit than is provided in subparagraph 
(A) for salaries and bonuses of those receiving salaries and 
bonuses from a subrecipient of such funds, taking into account 
factors including the relative cost of living in the State, the 
compensation levels for comparable State or local government 
employees, and the size of the organizations that administer 
the Federal programs involved. 
SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES. 
(a) PUBLICITY RESTRICTIONS.— 
(1) IN GENERAL.—No funds provided under this Act shall 
be used for— 
(A) publicity or propaganda purposes; or 
(B) the preparation, distribution, or use of any kit, 
pamphlet, booklet, publication, electronic communication, 
radio, television, or video presentation designed to support 
or defeat—
H. R. 803—184 
(i) the enactment of legislation before Congress 
or any State or local legislature or legislative body; 
or 
(ii) any proposed or pending regulation, adminis-
trative action, or order issued by the executive branch 
of any State or local government. 
(2) EXCEPTION.—Paragraph (1) shall not apply to— 
(A) normal and recognized executive-legislative rela-
tionships; 
(B) the preparation, distribution, or use of the mate-
rials described in paragraph (1)(B) in presentation to Con-
gress or any State or local legislature or legislative body; 
or 
(C) such preparation, distribution, or use of such mate-
rials in presentation to the executive branch of any State 
or local government. 
(b) SALARY RESTRICTIONS.— 
(1) IN GENERAL.—No funds provided under this Act shall 
be used to pay the salary or expenses of any grant or contract 
recipient, or agent acting for such recipient, related to any 
activity designed to influence the enactment or issuance of 
legislation, appropriations, regulations, administrative action, 
or an Executive order proposed or pending before Congress 
or any State government, or a State or local legislature or 
legislative body. 
(2) EXCEPTION.—Paragraph (1) shall not apply to— 
(A) normal and recognized executive-legislative rela-
tionships; or 
(B) participation by an agency or officer of a State, 
local, or tribal government in policymaking and administra-
tive processes within the executive branch of that govern-
ment. 
TITLE II—ADULT EDUCATION AND 
LITERACY 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Adult Education and Family 
Literacy Act’’. 
SEC. 202. PURPOSE. 
It is the purpose of this title to create a partnership among 
the Federal Government, States, and localities to provide, on a 
voluntary basis, adult education and literacy activities, in order 
to— 
(1) assist adults to become literate and obtain the knowl-
edge and skills necessary for employment and economic self- 
sufficiency; 
(2) assist adults who are parents or family members to 
obtain the education and skills that— 
(A) are necessary to becoming full partners in the 
educational development of their children; and 
(B) lead to sustainable improvements in the economic 
opportunities for their family;
H. R. 803—185 
(3) assist adults in attaining a secondary school diploma 
and in the transition to postsecondary education and training, 
including through career pathways; and 
(4) assist immigrants and other individuals who are 
English language learners in— 
(A) improving their— 
(i) reading, writing, speaking, and comprehension 
skills in English; and 
(ii) mathematics skills; and 
(B) acquiring an understanding of the American system 
of Government, individual freedom, and the responsibilities 
of citizenship. 
SEC. 203. DEFINITIONS. 
In this title: 
(1) ADULT EDUCATION.—The term ‘‘adult education’’ means 
academic instruction and education services below the postsec-
ondary level that increase an individual’s ability to— 
(A) read, write, and speak in English and perform 
mathematics or other activities necessary for the attain-
ment of a secondary school diploma or its recognized 
equivalent; 
(B) transition to postsecondary education and training; 
and 
(C) obtain employment. 
(2) ADULT EDUCATION AND LITERACY ACTIVITIES.—The term 
‘‘adult education and literacy activities’’ means programs, activi-
ties, and services that include adult education, literacy, work-
place adult education and literacy activities, family literacy 
activities, English language acquisition activities, integrated 
English literacy and civics education, workforce preparation 
activities, or integrated education and training. 
(3) ELIGIBLE AGENCY.—The term ‘‘eligible agency’’ means 
the sole entity or agency in a State or an outlying area respon-
sible for administering or supervising policy for adult education 
and literacy activities in the State or outlying area, respectively, 
consistent with the law of the State or outlying area, respec-
tively. 
(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’ 
means an individual— 
(A) who has attained 16 years of age; 
(B) who is not enrolled or required to be enrolled 
in secondary school under State law; and 
(C) who— 
(i) is basic skills deficient; 
(ii) does not have a secondary school diploma or 
its recognized equivalent, and has not achieved an 
equivalent level of education; or 
(iii) is an English language learner. 
(5) ELIGIBLE
PROVIDER.—The term ‘‘eligible provider’’ 
means an organization that has demonstrated effectiveness 
in providing adult education and literacy activities that may 
include— 
(A) a local educational agency; 
(B) a community-based organization or faith-based 
organization; 
(C) a volunteer literacy organization;
H. R. 803—186 
(D) an institution of higher education; 
(E) a public or private nonprofit agency; 
(F) a library; 
(G) a public housing authority; 
(H) a nonprofit institution that is not described in 
any of subparagraphs (A) through (G) and has the ability 
to provide adult education and literacy activities to eligible 
individuals; 
(I) a consortium or coalition of the agencies, organiza-
tions, institutions, libraries, or authorities described in any 
of subparagraphs (A) through (H); and 
(J) a partnership between an employer and an entity 
described in any of subparagraphs (A) through (I). 
(6) ENGLISH LANGUAGE ACQUISITION PROGRAM.—The term 
‘‘English language acquisition program’’ means a program of 
instruction— 
(A) designed to help eligible individuals who are 
English language learners achieve competence in reading, 
writing, speaking, and comprehension of the English lan-
guage; and 
(B) that leads to— 
(i)(I) attainment of a secondary school diploma or 
its recognized equivalent; and 
(II) transition to postsecondary education and 
training; or 
(ii) employment. 
(7) ENGLISH LANGUAGE LEARNER.—The term ‘‘English lan-
guage learner’’ when used with respect to an eligible individual, 
means an eligible individual who has limited ability in reading, 
writing, speaking, or comprehending the English language, 
and— 
(A) whose native language is a language other than 
English; or 
(B) who lives in a family or community environment 
where a language other than English is the dominant lan-
guage. 
(8) ESSENTIAL
COMPONENTS
OF
READING
INSTRUCTION.— 
The term ‘‘essential components of reading instruction’’ has 
the meaning given the term in section 1208 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6368). 
(9) FAMILY LITERACY ACTIVITIES.—The term ‘‘family literacy 
activities’’ means activities that are of sufficient intensity and 
quality, to make sustainable improvements in the economic 
prospects for a family and that better enable parents or family 
members to support their children’s learning needs, and that 
integrate all of the following activities: 
(A) Parent or family adult education and literacy activi-
ties that lead to readiness for postsecondary education 
or training, career advancement, and economic self-suffi-
ciency. 
(B) Interactive literacy activities between parents or 
family members and their children. 
(C) Training for parents or family members regarding 
how to be the primary teacher for their children and full 
partners in the education of their children. 
(D) An age-appropriate education to prepare children 
for success in school and life experiences.
H. R. 803—187 
(10) INSTITUTION
OF
HIGHER
EDUCATION.—The term 
‘‘institution of higher education’’ has the meaning given the 
term in section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001). 
(11) INTEGRATED
EDUCATION
AND
TRAINING.—The term 
‘‘integrated education and training’’ means a service approach 
that provides adult education and literacy activities concur-
rently and contextually with workforce preparation activities 
and workforce training for a specific occupation or occupational 
cluster for the purpose of educational and career advancement. 
(12) INTEGRATED
ENGLISH
LITERACY
AND
CIVICS
EDU-
CATION.—The term ‘‘integrated English literacy and civics edu-
cation’’ means education services provided to English language 
learners who are adults, including professionals with degrees 
and credentials in their native countries, that enables such 
adults to achieve competency in the English language and 
acquire the basic and more advanced skills needed to function 
effectively as parents, workers, and citizens in the United 
States. Such services shall include instruction in literacy and 
English language acquisition and instruction on the rights and 
responsibilities of citizenship and civic participation, and may 
include workforce training. 
(13) LITERACY.—The term ‘‘literacy’’ means an individual’s 
ability to read, write, and speak in English, compute, and 
solve problems, at levels of proficiency necessary to function 
on the job, in the family of the individual, and in society. 
(14) POSTSECONDARY EDUCATIONAL INSTITUTION.—The term 
‘‘postsecondary educational institution’’ means— 
(A) an institution of higher education that provides 
not less than a 2-year program of instruction that is accept-
able for credit toward a bachelor’s degree; 
(B) a tribally controlled college or university; or 
(C) a nonprofit educational institution offering certifi-
cate or apprenticeship programs at the postsecondary level. 
(15) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Education. 
(16) WORKPLACE ADULT EDUCATION AND LITERACY ACTIVI-
TIES.—The term ‘‘workplace adult education and literacy activi-
ties’’ means adult education and literacy activities offered by 
an eligible provider in collaboration with an employer or 
employee organization at a workplace or an off-site location 
that is designed to improve the productivity of the workforce. 
(17) WORKFORCE
PREPARATION
ACTIVITIES.—The term 
‘‘workforce preparation activities’’ means activities, programs, 
or services designed to help an individual acquire a combination 
of basic academic skills, critical thinking skills, digital literacy 
skills, and self-management skills, including competencies in 
utilizing resources, using information, working with others, 
understanding systems, and obtaining skills necessary for 
successful transition into and completion of postsecondary edu-
cation or training, or employment. 
SEC. 204. HOME SCHOOLS. 
Nothing in this title shall be construed to affect home schools, 
whether a home school is treated as a home school or a private 
school under State law, or to compel a parent or family member
H. R. 803—188 
engaged in home schooling to participate in adult education and 
literacy activities. 
SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY 
TRANSITION AND CONCURRENT ENROLLMENT ACTIVI-
TIES. 
Nothing in this title shall be construed to prohibit or discourage 
the use of funds provided under this title for adult education and 
literacy activities that help eligible individuals transition to postsec-
ondary education and training or employment, or for concurrent 
enrollment activities. 
SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this title 
$577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, 
$635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, 
$664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 
2020. 
Subtitle A—Federal Provisions 
SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES; 
ALLOTMENTS. 
(a) RESERVATION OF FUNDS.—From the sum appropriated under 
section 206 for a fiscal year, the Secretary— 
(1) shall reserve 2 percent to carry out section 242, except 
that the amount so reserved shall not exceed $15,000,000; 
and 
(2) shall reserve 12 percent of the amount that remains 
after reserving funds under paragraph (1) to carry out section 
243. 
(b) GRANTS TO ELIGIBLE AGENCIES.— 
(1) IN GENERAL.—From the sum appropriated under section 
206 and not reserved under subsection (a) for a fiscal year, 
the Secretary shall award a grant to each eligible agency having 
a unified State plan approved under section 102 or a combined 
State plan approved under section 103 in an amount equal 
to the sum of the initial allotment under subsection (c)(1) 
and the additional allotment under subsection (c)(2) for the 
eligible agency for the fiscal year, subject to subsections (f) 
and (g), to enable the eligible agency to carry out the activities 
assisted under this title. 
(2) PURPOSE OF GRANTS.—The Secretary may award a grant 
under paragraph (1) only if the eligible entity involved agrees 
to expend the grant for adult education and literacy activities 
in accordance with the provisions of this title. 
(c) ALLOTMENTS.— 
(1) INITIAL
ALLOTMENTS.—From the sum appropriated 
under section 206 and not reserved under subsection (a) for 
a fiscal year, the Secretary shall allot to each eligible agency 
having a unified State plan approved under section 102 or 
a combined State plan approved under section 103— 
(A) $100,000, in the case of an eligible agency serving 
an outlying area; and 
(B) $250,000, in the case of any other eligible agency. 
(2) ADDITIONAL ALLOTMENTS.—From the sum appropriated 
under section 206, not reserved under subsection (a), and not
H. R. 803—189 
allotted under paragraph (1), for a fiscal year, the Secretary 
shall allot to each eligible agency that receives an initial allot-
ment under paragraph (1) an additional amount that bears 
the same relationship to such sum as the number of qualifying 
adults in the State or outlying area served by the eligible 
agency bears to the number of such adults in all States and 
outlying areas. 
(d) QUALIFYING ADULT.—For the purpose of subsection (c)(2), 
the term ‘‘qualifying adult’’ means an adult who— 
(1) is at least 16 years of age; 
(2) is beyond the age of compulsory school attendance under 
the law of the State or outlying area; 
(3) does not have a secondary school diploma or its recog-
nized equivalent; and 
(4) is not enrolled in secondary school. 
(e) SPECIAL RULE.— 
(1) IN GENERAL.—From amounts made available under sub-
section (c) for the Republic of Palau, the Secretary shall award 
grants to Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or the Republic of Palau to carry 
out activities described in this title in accordance with the 
provisions of this title, as determined by the Secretary. 
(2) AWARD BASIS.—The Secretary shall award grants pursu-
ant to paragraph (1) on a competitive basis and pursuant 
to the recommendations from the Pacific Region Educational 
Laboratory in Honolulu, Hawaii. 
(3) TERMINATION
OF
ELIGIBILITY.—Notwithstanding any 
other provision of law, the Republic of Palau shall be eligible 
to receive a grant under this title except during the period 
described in section 3(45). 
(4) ADMINISTRATIVE
COSTS.—The Secretary may provide 
not more than 5 percent of the funds made available for grants 
under this subsection to pay the administrative costs of the 
Pacific Region Educational Laboratory regarding activities 
assisted under this subsection. 
(f) HOLD-HARMLESS PROVISIONS.— 
(1) IN GENERAL.—Notwithstanding subsection (c), for fiscal 
year 2015 and each succeeding fiscal year, no eligible agency 
shall receive an allotment under this section that is less than 
90 percent of the allotment the eligible agency received for 
the preceding fiscal year under this section. 
(2) RATABLE REDUCTION.—If for any fiscal year the amount 
available for allotment under this title is insufficient to satisfy 
the provisions of paragraph (1) the Secretary shall ratably 
reduce the payments to all eligible agencies, as necessary. 
(g) REALLOTMENT.—The portion of any eligible agency’s allot-
ment under this title for a fiscal year that the Secretary determines 
will not be required for the period such allotment is available 
for carrying out activities under this title, shall be available for 
reallotment from time to time, on such dates during such period 
as the Secretary shall fix, to other eligible agencies in proportion 
to the original allotments to such agencies under this title for 
such year.
H. R. 803—190 
SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 
Programs and activities authorized in this title are subject 
to the performance accountability provisions described in section 
116. 
Subtitle B—State Provisions 
SEC. 221. STATE ADMINISTRATION. 
Each eligible agency shall be responsible for the State or out-
lying area administration of activities under this title, including— 
(1) the development, implementation, and monitoring of 
the relevant components of the unified State plan in section 
102 or the combined State plan in section 103; 
(2) consultation with other appropriate agencies, groups, 
and individuals that are involved in, or interested in, the 
development and implementation of activities assisted under 
this title; and 
(3) coordination and nonduplication with other Federal and 
State education, training, corrections, public housing, and social 
service programs. 
SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT. 
(a) STATE
DISTRIBUTION
OF
FUNDS.—Each eligible agency 
receiving a grant under section 211(b) for a fiscal year— 
(1) shall use not less than 82.5 percent of the grant funds 
to award grants and contracts under section 231 and to carry 
out section 225, of which not more than 20 percent of such 
amount shall be available to carry out section 225; 
(2) shall use not more than 12.5 percent of the grant 
funds to carry out State leadership activities under section 
223; and 
(3) shall use not more than 5 percent of the grant funds, 
or $85,000, whichever is greater, for the administrative 
expenses of the eligible agency. 
(b) MATCHING REQUIREMENT.— 
(1) IN
GENERAL.—In order to receive a grant from the 
Secretary under section 211(b) each eligible agency shall pro-
vide, for the costs to be incurred by the eligible agency in 
carrying out the adult education and literacy activities for 
which the grant is awarded, a non-Federal contribution in 
an amount that is not less than— 
(A) in the case of an eligible agency serving an outlying 
area, 12 percent of the total amount of funds expended 
for adult education and literacy activities in the outlying 
area, except that the Secretary may decrease the amount 
of funds required under this subparagraph for an eligible 
agency; and 
(B) in the case of an eligible agency serving a State, 
25 percent of the total amount of funds expended for adult 
education and literacy activities in the State. 
(2) NON-FEDERAL CONTRIBUTION.—An eligible agency’s non- 
Federal contribution required under paragraph (1) may be pro-
vided in cash or in kind, fairly evaluated, and shall include 
only non-Federal funds that are used for adult education and 
literacy activities in a manner that is consistent with the pur-
pose of this title.
H. R. 803—191 
SEC. 223. STATE LEADERSHIP ACTIVITIES. 
(a) ACTIVITIES.— 
(1) REQUIRED.—Each eligible agency shall use funds made 
available under section 222(a)(2) for the following adult edu-
cation and literacy activities to develop or enhance the adult 
education system of the State or outlying area: 
(A) The alignment of adult education and literacy 
activities with other core programs and one-stop partners, 
including eligible providers, to implement the strategy 
identified in the unified State plan under section 102 or 
the combined State plan under section 103, including the 
development of career pathways to provide access to 
employment and training services for individuals in adult 
education and literacy activities. 
(B) The establishment or operation of high quality 
professional development programs to improve the instruc-
tion provided pursuant to local activities required under 
section 231(b), including instruction incorporating the 
essential components of reading instruction as such compo-
nents relate to adults, instruction related to the specific 
needs of adult learners, instruction provided by volunteers 
or by personnel of a State or outlying area, and dissemina-
tion of information about models and promising practices 
related to such programs. 
(C) The provision of technical assistance to eligible 
providers of adult education and literacy activities receiving 
funds under this title, including— 
(i) the development and dissemination of instruc-
tional and programmatic practices based on the most 
rigorous or scientifically valid research available and 
appropriate, in reading, writing, speaking, mathe-
matics, English language acquisition programs, dis-
tance education, and staff training; 
(ii) the role of eligible providers as a one-stop 
partner to provide access to employment, education, 
and training services; and 
(iii) assistance in the use of technology, including 
for staff training, to eligible providers, especially the 
use of technology to improve system efficiencies. 
(D) The monitoring and evaluation of the quality of, 
and the improvement in, adult education and literacy 
activities and the dissemination of information about 
models and proven or promising practices within the State. 
(2) PERMISSIBLE ACTIVITIES.—Each eligible agency may use 
funds made available under section 222(a)(2) for 1 or more 
of the following adult education and literacy activities: 
(A) The support of State or regional networks of lit-
eracy resource centers. 
(B) The development and implementation of technology 
applications, translation technology, or distance education, 
including professional development to support the use of 
instructional technology. 
(C) Developing and disseminating curricula, including 
curricula incorporating the essential components of reading 
instruction as such components relate to adults. 
(D) Developing content and models for integrated edu-
cation and training and career pathways.
H. R. 803—192 
(E) The provision of assistance to eligible providers 
in developing and implementing programs that achieve 
the objectives of this title and in measuring the progress 
of those programs in achieving such objectives, including 
meeting the State adjusted levels of performance described 
in section 116(b)(3). 
(F) The development and implementation of a system 
to assist in the transition from adult education to postsec-
ondary education, including linkages with postsecondary 
educational institutions or institutions of higher education. 
(G) Integration of literacy and English language 
instruction with occupational skill training, including pro-
moting linkages with employers. 
(H) Activities to promote workplace adult education 
and literacy activities. 
(I) Identifying curriculum frameworks and aligning rig-
orous content standards that— 
(i) specify what adult learners should know and 
be able to do in the areas of reading and language 
arts, mathematics, and English language acquisition; 
and 
(ii) take into consideration the following: 
(I) State adopted academic standards. 
(II) The current adult skills and literacy 
assessments used in the State or outlying area. 
(III) The primary indicators of performance 
described in section 116. 
(IV) Standards and academic requirements for 
enrollment in nonremedial, for-credit courses in 
postsecondary educational institutions or institu-
tions of higher education supported by the State 
or outlying area. 
(V) Where appropriate, the content of occupa-
tional and industry skill standards widely used 
by business and industry in the State or outlying 
area. 
(J) Developing and piloting of strategies for improving 
teacher quality and retention. 
(K) The development and implementation of programs 
and services to meet the needs of adult learners with 
learning disabilities or English language learners, which 
may include new and promising assessment tools and 
strategies that are based on scientifically valid research, 
where appropriate, and identify the needs and capture 
the gains of such students at the lowest achievement levels. 
(L) Outreach to instructors, students, and employers. 
(M) Other activities of statewide significance that pro-
mote the purpose of this title. 
(b) COLLABORATION.—In carrying out this section, eligible agen-
cies shall collaborate where possible, and avoid duplicating efforts, 
in order to maximize the impact of the activities described in 
subsection (a). 
(c) STATE-IMPOSED REQUIREMENTS.—Whenever a State or out-
lying area implements any rule or policy relating to the administra-
tion or operation of a program authorized under this title that 
has the effect of imposing a requirement that is not imposed under 
Federal law (including any rule or policy based on a State or
H. R. 803—193 
outlying area interpretation of a Federal statute, regulation, or 
guideline), the State or outlying area shall identify, to eligible 
providers, the rule or policy as being imposed by the State or 
outlying area. 
SEC. 224. STATE PLAN. 
Each State desiring to receive funds under this title for any 
fiscal year shall submit and have approved a unified State plan 
in accordance with section 102 or a combined State plan in accord-
ance with section 103. 
SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER 
INSTITUTIONALIZED INDIVIDUALS. 
(a) PROGRAM AUTHORIZED.—From funds made available under 
section 222(a)(1) for a fiscal year, each eligible agency shall carry 
out corrections education and education for other institutionalized 
individuals. 
(b) USES OF FUNDS.—The funds described in subsection (a) 
shall be used for the cost of educational programs for criminal 
offenders in correctional institutions and for other institutionalized 
individuals, including academic programs for— 
(1) adult education and literacy activities; 
(2) special education, as determined by the eligible agency; 
(3) secondary school credit; 
(4) integrated education and training; 
(5) career pathways; 
(6) concurrent enrollment; 
(7) peer tutoring; and 
(8) transition to re-entry initiatives and other postrelease 
services with the goal of reducing recidivism. 
(c) PRIORITY.—Each eligible agency that is using assistance 
provided under this section to carry out a program for criminal 
offenders within a correctional institution shall give priority to 
serving individuals who are likely to leave the correctional institu-
tion within 5 years of participation in the program. 
(d) REPORT.—In addition to any report required under section 
116, each eligible agency that receives assistance provided under 
this section shall annually prepare and submit to the Secretary 
a report on the progress, as described in section 116, of the eligible 
agency with respect to the programs and activities carried out 
under this section, including the relative rate of recidivism for 
the criminal offenders served. 
(e) DEFINITIONS.—In this section: 
(1) CORRECTIONAL
INSTITUTION.—The term ‘‘correctional 
institution’’ means any— 
(A) prison; 
(B) jail; 
(C) reformatory; 
(D) work farm; 
(E) detention center; or 
(F) halfway house, community-based rehabilitation 
center, or any other similar institution designed for the 
confinement or rehabilitation of criminal offenders. 
(2) CRIMINAL
OFFENDER.—The term ‘‘criminal offender’’ 
means any individual who is charged with or convicted of 
any criminal offense.
H. R. 803—194 
Subtitle C—Local Provisions 
SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS. 
(a) GRANTS AND CONTRACTS.—From grant funds made available 
under section 222(a)(1), each eligible agency shall award multiyear 
grants or contracts, on a competitive basis, to eligible providers 
within the State or outlying area to enable the eligible providers 
to develop, implement, and improve adult education and literacy 
activities within the State. 
(b) REQUIRED LOCAL ACTIVITIES.—The eligible agency shall 
require that each eligible provider receiving a grant or contract 
under subsection (a) use the grant or contract to establish or operate 
programs that provide adult education and literacy activities, 
including programs that provide such activities concurrently. 
(c) DIRECT
AND EQUITABLE ACCESS; SAME PROCESS.—Each 
eligible agency receiving funds under this title shall ensure that— 
(1) all eligible providers have direct and equitable access 
to apply and compete for grants or contracts under this section; 
and 
(2) the same grant or contract announcement process and 
application process is used for all eligible providers in the 
State or outlying area. 
(d) SPECIAL RULE.—Each eligible agency awarding a grant or 
contract under this section shall not use any funds made available 
under this title for adult education and literacy activities for the 
purpose of supporting or providing programs, services, or activities 
for individuals who are not individuals described in subparagraphs 
(A) and (B) of section 203(4), except that such agency may use 
such funds for such purpose if such programs, services, or activities 
are related to family literacy activities. In providing family literacy 
activities under this title, an eligible provider shall attempt to 
coordinate with programs and services that are not assisted under 
this title prior to using funds for adult education and literacy 
activities under this title for activities other than activities for 
eligible individuals. 
(e) CONSIDERATIONS.—In awarding grants or contracts under 
this section, the eligible agency shall consider— 
(1) the degree to which the eligible provider would be 
responsive to— 
(A) regional needs as identified in the local plan under 
section 108; and 
(B) serving individuals in the community who were 
identified in such plan as most in need of adult education 
and literacy activities, including individuals— 
(i) who have low levels of literacy skills; or 
(ii) who are English language learners; 
(2) the ability of the eligible provider to serve eligible 
individuals with disabilities, including eligible individuals with 
learning disabilities; 
(3) past effectiveness of the eligible provider in improving 
the literacy of eligible individuals, to meet State-adjusted levels 
of performance for the primary indicators of performance 
described in section 116, especially with respect to eligible 
individuals who have low levels of literacy; 
(4) the extent to which the eligible provider demonstrates 
alignment between proposed activities and services and the
H. R. 803—195 
strategy and goals of the local plan under section 108, as 
well as the activities and services of the one-stop partners; 
(5) whether the eligible provider’s program— 
(A) is of sufficient intensity and quality, and based 
on the most rigorous research available so that participants 
achieve substantial learning gains; and 
(B) uses instructional practices that include the essen-
tial components of reading instruction; 
(6) whether the eligible provider’s activities, including 
whether reading, writing, speaking, mathematics, and English 
language acquisition instruction delivered by the eligible pro-
vider, are based on the best practices derived from the most 
rigorous research available and appropriate, including scientif-
ically valid research and effective educational practice; 
(7) whether the eligible provider’s activities effectively use 
technology, services, and delivery systems, including distance 
education in a manner sufficient to increase the amount and 
quality of learning and how such technology, services, and 
systems lead to improved performance; 
(8) whether the eligible provider’s activities provide 
learning in context, including through integrated education and 
training, so that an individual acquires the skills needed to 
transition to and complete postsecondary education and 
training programs, obtain and advance in employment leading 
to economic self-sufficiency, and to exercise the rights and 
responsibilities of citizenship; 
(9) whether the eligible provider’s activities are delivered 
by well-trained instructors, counselors, and administrators who 
meet any minimum qualifications established by the State, 
where applicable, and who have access to high quality profes-
sional development, including through electronic means; 
(10) whether the eligible provider’s activities coordinate 
with other available education, training, and social service 
resources in the community, such as by establishing strong 
links with elementary schools and secondary schools, postsec-
ondary educational institutions, institutions of higher edu-
cation, local workforce investment boards, one-stop centers, job 
training programs, and social service agencies, business, 
industry, labor organizations, community-based organizations, 
nonprofit organizations, and intermediaries, for the develop-
ment of career pathways; 
(11) whether the eligible provider’s activities offer flexible 
schedules and coordination with Federal, State, and local sup-
port services (such as child care, transportation, mental health 
services, and career planning) that are necessary to enable 
individuals, including individuals with disabilities or other spe-
cial needs, to attend and complete programs; 
(12) whether the eligible provider maintains a high-quality 
information management system that has the capacity to report 
measurable participant outcomes (consistent with section 116) 
and to monitor program performance; and 
(13) whether the local areas in which the eligible provider 
is located have a demonstrated need for additional English 
language acquisition programs and civics education programs.
H. R. 803—196 
SEC. 232. LOCAL APPLICATION. 
Each eligible provider desiring a grant or contract from an 
eligible agency shall submit an application to the eligible agency 
containing such information and assurances as the eligible agency 
may require, including— 
(1) a description of how funds awarded under this title 
will be spent consistent with the requirements of this title; 
(2) a description of any cooperative arrangements the 
eligible provider has with other agencies, institutions, or 
organizations for the delivery of adult education and literacy 
activities; 
(3) a description of how the eligible provider will provide 
services in alignment with the local plan under section 108, 
including how such provider will promote concurrent enrollment 
in programs and activities under title I, as appropriate; 
(4) a description of how the eligible provider will meet 
the State adjusted levels of performance described in section 
116(b)(3), including how such provider will collect data to report 
on such performance indicators; 
(5) a description of how the eligible provider will fulfill 
one-stop partner responsibilities as described in section 
121(b)(1)(A), as appropriate; 
(6) a description of how the eligible provider will provide 
services in a manner that meets the needs of eligible individ-
uals; and 
(7) information that addresses the considerations described 
under section 231(e), as applicable. 
SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 
(a) IN GENERAL.—Subject to subsection (b), of the amount that 
is made available under this title to an eligible provider— 
(1) not less than 95 percent shall be expended for carrying 
out adult education and literacy activities; and 
(2) the remaining amount, not to exceed 5 percent, shall 
be used for planning, administration (including carrying out 
the requirements of section 116), professional development, and 
the activities described in paragraphs (3) and (5) of section 
232. 
(b) SPECIAL RULE.—In cases where the cost limits described 
in subsection (a) are too restrictive to allow for the activities 
described in subsection (a)(2), the eligible provider shall negotiate 
with the eligible agency in order to determine an adequate level 
of funds to be used for noninstructional purposes. 
Subtitle D—General Provisions 
SEC. 241. ADMINISTRATIVE PROVISIONS. 
(a) SUPPLEMENT NOT SUPPLANT.—Funds made available for 
adult education and literacy activities under this title shall supple-
ment and not supplant other State or local public funds expended 
for adult education and literacy activities. 
(b) MAINTENANCE OF EFFORT.— 
(1) IN GENERAL.— 
(A) DETERMINATION.—An eligible agency may receive 
funds under this title for any fiscal year if the Secretary 
finds that the fiscal effort per student or the aggregate
H. R. 803—197 
expenditures of such eligible agency for activities under 
this title, in the second preceding fiscal year, were not 
less than 90 percent of the fiscal effort per student or 
the aggregate expenditures of such eligible agency for adult 
education and literacy activities in the third preceding 
fiscal year. 
(B) PROPORTIONATE
REDUCTION.—Subject to para-
graphs (2), (3), and (4), for any fiscal year with respect 
to which the Secretary determines under subparagraph 
(A) that the fiscal effort or the aggregate expenditures 
of an eligible agency for the preceding program year were 
less than such effort or expenditures for the second pre-
ceding program year, the Secretary— 
(i) shall determine the percentage decreases in 
such effort or in such expenditures; and 
(ii) shall decrease the payment made under this 
title for such program year to the agency for adult 
education and literacy activities by the lesser of such 
percentages. 
(2) COMPUTATION.—In computing the fiscal effort and 
aggregate expenditures under paragraph (1), the Secretary shall 
exclude capital expenditures and special one-time project costs. 
(3) DECREASE IN FEDERAL SUPPORT.—If the amount made 
available for adult education and literacy activities under this 
title for a fiscal year is less than the amount made available 
for adult education and literacy activities under this title for 
the preceding fiscal year, then the fiscal effort per student 
and the aggregate expenditures of an eligible agency required 
in order to avoid a reduction under paragraph (1)(B) shall 
be decreased by the same percentage as the percentage decrease 
in the amount so made available. 
(4) WAIVER.—The Secretary may waive the requirements 
of this subsection for not more than 1 fiscal year, if the Sec-
retary determines that a waiver would be equitable due to 
exceptional or uncontrollable circumstances, such as a natural 
disaster or an unforeseen and precipitous decline in the finan-
cial resources of the State or outlying area of the eligible 
agency. If the Secretary grants a waiver under the preceding 
sentence for a fiscal year, the level of effort required under 
paragraph (1) shall not be reduced in the subsequent fiscal 
year because of the waiver. 
SEC. 242. NATIONAL LEADERSHIP ACTIVITIES. 
(a) IN GENERAL.—The Secretary shall establish and carry out 
a program of national leadership activities to enhance the quality 
and outcomes of adult education and literacy activities and pro-
grams nationwide. 
(b) REQUIRED ACTIVITIES.—The national leadership activities 
described in subsection (a) shall include technical assistance, 
including— 
(1) assistance to help States meet the requirements of 
section 116; 
(2) upon request by a State, assistance provided to eligible 
providers in using performance accountability measures based 
on indicators described in section 116, and data systems for 
the improvement of adult education and literacy activities;
H. R. 803—198 
(3) carrying out rigorous research and evaluation on effec-
tive adult education and literacy activities, as well as estimating 
the number of adults functioning at the lowest levels of literacy 
proficiency, which shall be coordinated across relevant Federal 
agencies, including the Institute of Education Sciences; and 
(4) carrying out an independent evaluation at least once 
every 4 years of the programs and activities under this title, 
taking into consideration the evaluation subjects referred to 
in section 169(a)(2). 
(c) ALLOWABLE ACTIVITIES.—The national leadership activities 
described in subsection (a) may include the following: 
(1) Technical assistance, including— 
(A) assistance related to professional development 
activities, and assistance for the purposes of developing, 
improving, identifying, and disseminating the most success-
ful methods and techniques for providing adult education 
and literacy activities, based on scientifically valid research 
where available; 
(B) assistance in distance education and promoting 
and improving the use of technology in the classroom, 
including instruction in English language acquisition for 
English language learners; 
(C) assistance in the development and dissemination 
of proven models for addressing the digital literacy needs 
of adults, including older adults; and 
(D) supporting efforts aimed at strengthening programs 
at the State and local levels, such as technical assistance 
in program planning, assessment, evaluation, and moni-
toring of activities carried out under this title. 
(2) Funding national leadership activities either directly 
or through grants, contracts, or cooperative agreements 
awarded on a competitive basis to or with postsecondary edu-
cational institutions, institutions of higher education, public 
or private organizations or agencies (including public libraries), 
or consortia of such institutions, organizations, or agencies, 
which may include— 
(A) developing, improving, and identifying the most 
successful methods and techniques for addressing the edu-
cation needs of adults, including instructional practices 
using the essential components of reading instruction based 
on the work of the National Institute of Child Health 
and Human Development; 
(B) supporting national, regional, or local networks 
of private nonprofit organizations, public libraries, or 
institutions of higher education to strengthen the ability 
of such networks’ members to meet the performance 
requirements described in section 116 of eligible providers; 
(C) increasing the effectiveness, and improving the 
quality, of adult education and literacy activities, which 
may include— 
(i) carrying out rigorous research; 
(ii) carrying out demonstration programs; 
(iii) accelerating learning outcomes for eligible 
individuals with the lowest literacy levels; 
(iv) developing and promoting career pathways for 
eligible individuals;
H. R. 803—199 
(v) promoting concurrent enrollment programs in 
adult education and credit bearing postsecondary 
coursework; 
(vi) developing high-quality professional develop-
ment activities for eligible providers; and 
(vii) developing, replicating, and disseminating 
information on best practices and innovative programs, 
such as— 
(I) the identification of effective strategies for 
working with adults with learning disabilities and 
with adults who are English language learners; 
(II) integrated education and training pro-
grams; 
(III) workplace adult education and literacy 
activities; and 
(IV) postsecondary education and training 
transition programs; 
(D) providing for the conduct of an independent evalua-
tion and assessment of adult education and literacy activi-
ties through grants and contracts awarded on a competitive 
basis, which shall include descriptions of— 
(i) the effect of performance accountability meas-
ures and other measures of accountability on the 
delivery of adult education and literacy activities; 
(ii) the extent to which the adult education and 
literacy activities increase the literacy skills of eligible 
individuals, lead to involvement in education and 
training, enhance the employment and earnings of such 
participants, and, if applicable, lead to other positive 
outcomes, such as success in re-entry and reductions 
in recidivism in the case of prison-based adult edu-
cation and literacy activities; 
(iii) the extent to which the provision of support 
services to eligible individuals enrolled in adult edu-
cation and literacy activities increase the rate of enroll-
ment in, and successful completion of, such programs; 
and 
(iv) the extent to which different types of providers 
measurably improve the skills of eligible individuals 
in adult education and literacy activities; 
(E) collecting data, such as data regarding the improve-
ment of both local and State data systems, through tech-
nical assistance and development of model performance 
data collection systems; 
(F) determining how participation in adult education 
and literacy activities prepares eligible individuals for entry 
into postsecondary education and employment and, in the 
case of programs carried out in correctional institutions, 
has an effect on recidivism; and 
(G) other activities designed to enhance the quality 
of adult education and literacy activities nationwide. 
SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION. 
(a) IN GENERAL.—From funds made available under section 
211(a)(2) for each fiscal year, the Secretary shall award grants 
to States, from allotments under subsection (b), for integrated
H. R. 803—200 
English literacy and civics education, in combination with 
integrated education and training activities. 
(b) ALLOTMENT.— 
(1) IN GENERAL.—Subject to paragraph (2), from amounts 
made available under section 211(a)(2) for a fiscal year, the 
Secretary shall allocate— 
(A) 65 percent to the States on the basis of a State’s 
need for integrated English literacy and civics education, 
as determined by calculating each State’s share of a 10- 
year average of the data of the Office of Immigration Statis-
tics of the Department of Homeland Security for 
immigrants admitted for legal permanent residence for the 
10 most recent years; and 
(B) 35 percent to the States on the basis of whether 
the State experienced growth, as measured by the average 
of the 3 most recent years for which the data of the Office 
of Immigration Statistics of the Department of Homeland 
Security for immigrants admitted for legal permanent resi-
dence are available. 
(2) MINIMUM.—No State shall receive an allotment under 
paragraph (1) in an amount that is less than $60,000. 
(c) GOAL.—Each program that receives funding under this sec-
tion shall be designed to— 
(1) prepare adults who are English language learners for, 
and place such adults in, unsubsidized employment in in- 
demand industries and occupations that lead to economic self- 
sufficiency; and 
(2) integrate with the local workforce development system 
and its functions to carry out the activities of the program. 
(d) REPORT.—The Secretary shall prepare and submit to the 
Committee on Education and the Workforce of the House of Rep-
resentatives, and the Committee on Health, Education, Labor, and 
Pensions of the Senate and make available to the public, a report 
on the activities carried out under this section. 
TITLE III—AMENDMENTS TO THE 
WAGNER-PEYSER ACT 
SEC. 301. EMPLOYMENT SERVICE OFFICES. 
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended 
by inserting ‘‘service’’ before ‘‘offices’’. 
SEC. 302. DEFINITIONS. 
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is 
amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) the terms ‘chief elected official’, ‘institution of higher 
education’, ‘one-stop center’, ‘one-stop partner’, ‘training serv-
ices’, ‘workforce development activity’, and ‘workplace learning 
advisor’, have the meaning given the terms in section 3 of 
the Workforce Innovation and Opportunity Act;’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘investment board’’ each place it 
appears and inserting ‘‘development board’’; and
H. R. 803—201 
(B) by striking ‘‘section 117 of the Workforce Invest-
ment Act of 1998’’ and inserting ‘‘section 107 of the 
Workforce Innovation and Opportunity Act’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; and 
(B) by striking ‘‘Workforce Investment Act of 1998’’ 
and inserting ‘‘Workforce Innovation and Opportunity Act’’; 
and 
(4) in paragraph (4), by striking ‘‘and’’ at the end; 
(5) in paragraph (5), by striking the period and inserting 
‘‘; and’’; and 
(6) by adding at the end the following: 
‘‘(6) the term ‘employment service office’ means a local 
office of a State agency; and 
‘‘(7) except in section 15, the term ‘State agency’, used 
without further description, means an agency designated or 
authorized under section 4.’’. 
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES. 
(a) COORDINATION.—Section 3(a) of the Wagner-Peyser Act (29 
U.S.C. 49b(a)) is amended by striking ‘‘services’’ and inserting 
‘‘service offices’’. 
(b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.—Section 3(c) 
of the Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended— 
(1) in paragraph (2), by striking the semicolon and inserting 
‘‘, and identify and disseminate information on best practices 
for such system; and’’; and 
(2) by adding at the end the following: 
‘‘(4) in coordination with the State agencies and the staff 
of such agencies, assist in the planning and implementation 
of activities to enhance the professional development and career 
advancement opportunities of such staff, in order to strengthen 
the provision of a broad range of career guidance services, 
the identification of job openings (including providing intensive 
outreach to small and medium-sized employers and enhanced 
employer services), the provision of technical assistance and 
training to other providers of workforce development activities 
(including workplace learning advisors) relating to counseling 
and employment-related services, and the development of new 
strategies for coordinating counseling and technology.’’. 
(c) ONE-STOP CENTERS.—Section 3 of the Wagner-Peyser Act 
(29 U.S.C. 49b) is amended by inserting after subsection (c) the 
following: 
‘‘(d) In order to improve service delivery, avoid duplication 
of services, and enhance coordination of services, including location 
of staff to ensure access to services under section 7(a) statewide 
in underserved areas, employment service offices in each State 
shall be colocated with one-stop centers. 
‘‘(e) The Secretary, in consultation with States, is authorized 
to assist the States in the development of national electronic tools 
that may be used to improve access to workforce information for 
individuals through— 
‘‘(1) the one-stop delivery systems established as described 
in section 121(e) of the Workforce Innovation and Opportunity 
Act; and 
‘‘(2) such other delivery systems as the Secretary deter-
mines to be appropriate.’’.
H. R. 803—202 
SEC. 304. ALLOTMENT OF SUMS. 
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is 
amended— 
(1) in subsection (a), by striking ‘‘amounts appropriated 
pursuant to section 5’’ and inserting ‘‘funds appropriated and 
(except for Guam) certified under section 5 and made available 
for allotments under this section’’; and 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph (A)— 
(i) by inserting before ‘‘the Secretary’’ the following 
‘‘after making the allotments required by subsection 
(a),’’; and 
(ii) by striking ‘‘sums’’ and all that follows through 
‘‘this Act’’ and inserting ‘‘funds described in subsection 
(a)’’; 
(B) in each of subparagraphs (A) and (B), by striking 
‘‘sums’’ and inserting ‘‘remainder’’; and 
(C) by adding at the end the following: ‘‘For purposes 
of this paragraph, the term ‘State’ does not include Guam 
or the Virgin Islands.’’. 
SEC. 305. USE OF SUMS. 
(a) IMPROVED COORDINATION.—Section 7(a)(1) of the Wagner- 
Peyser Act (29 U.S.C. 49f(a)(1)) is amended by inserting ‘‘, including 
unemployment insurance claimants,’’ after ‘‘seekers’’. 
(b) RESOURCES FOR UNEMPLOYMENT INSURANCE CLAIMANTS.— 
Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is 
amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (E); 
(2) in subparagraph (F)— 
(A) by inserting ‘‘, including making eligibility assess-
ments,’’ after ‘‘system’’; and 
(B) by striking the period at the end and inserting 
‘‘; and’’; and 
(3) by inserting after subparagraph (F) the following: 
‘‘(G) providing unemployment insurance claimants with 
referrals to, and application assistance for, training and 
education resources and programs, including Federal Pell 
Grants under subpart 1 of part A of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070a et seq.), educational 
assistance under chapter 30 of title 38, United States Code 
(commonly referred to as the Montgomery GI Bill), and 
chapter 33 of that title (Post-9/11 Veterans Educational 
Assistance), student assistance under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.), State stu-
dent higher education assistance, and training and edu-
cation programs provided under titles I and II of the 
Workforce Innovation and Opportunity Act, and title I of 
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).’’. 
(c) STATE ACTIVITIES.—Section 7(b) of the Wagner-Peyser Act 
(29 U.S.C. 49f(b)) is amended— 
(1) in paragraph (1), by striking ‘‘performance standards 
established by the Secretary’’ and inserting ‘‘the performance 
accountability measures that are based on indicators described 
in section 116(b)(2)(A)(i) of the Workforce Innovation and 
Opportunity Act’’;
H. R. 803—203 
(2) in paragraph (2), by inserting ‘‘offices’’ after ‘‘employ-
ment service’’; and 
(3) in paragraph (3), by inserting ‘‘, and models for 
enhancing professional development and career advancement 
opportunities of State agency staff, as described in section 
3(c)(4)’’ after ‘‘subsection (a)’’. 
(d) PROVIDING ADDITIONAL FUNDS.—Subsections (c)(2) and (d) 
of section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended 
by striking ‘‘the Workforce Investment Act of 1998’’ and inserting 
‘‘the Workforce Innovation and Opportunity Act’’. 
(e) CONFORMING AMENDMENT.—Section 7(e) of the Wagner- 
Peyser Act (29 U.S.C. 49f(e)) is amended by striking ‘‘labor employ-
ment statistics’’ and inserting ‘‘workforce and labor market informa-
tion’’. 
SEC. 306. STATE PLAN. 
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended 
to read as follows: 
‘‘SEC. 8. Any State desiring to receive assistance under section 
6 shall prepare and submit to, and have approved by, the Secretary 
and the Secretary of Education, a State plan in accordance with 
section 102 or 103 of the Workforce Innovation and Opportunity 
Act.’’. 
SEC. 307. PERFORMANCE MEASURES. 
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is 
amended to read as follows: 
‘‘(a) The activities carried out pursuant to section 7 shall be 
subject to the performance accountability measures that are based 
on indicators described in section 116(b)(2)(A)(i) of the Workforce 
Innovation and Opportunity Act.’’. 
SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM. 
(a) HEADING.—The section heading for section 15 of the Wagner- 
Peyser Act (29 U.S.C. 49l–2) is amended by striking ‘‘EMPLOYMENT 
STATISTICS’’ and inserting ‘‘WORKFORCE
AND
LABOR
MARKET 
INFORMATION SYSTEM’’. 
(b) NAME OF SYSTEM.—Section 15(a)(1) of the Wagner-Peyser 
Act (29 U.S.C. 49l–2(a)(1)) is amended by striking ‘‘employment 
statistics system of employment statistics’’ and inserting ‘‘workforce 
and labor market information system’’. 
(c) SYSTEM RESPONSIBILITIES.—Section 15(b) of the Wagner- 
Peyser Act (29 U.S.C. 49l–2(b)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) STRUCTURE.—The workforce and labor market 
information system described in subsection (a) shall be 
evaluated and improved by the Secretary, in consultation 
with the Workforce Information Advisory Council estab-
lished in subsection (d). 
‘‘(B) GRANTS AND RESPONSIBILITIES.— 
‘‘(i) IN GENERAL.—The Secretary shall carry out 
the provisions of this section in a timely manner, 
through grants to or agreements with States. 
‘‘(ii) DISTRIBUTION
OF
FUNDS.—Using amounts 
appropriated under subsection (g), the Secretary shall 
provide funds through those grants and agreements. 
In distributing the funds (relating to workforce and
H. R. 803—204 
labor market information funding) for fiscal years 2015 
through 2020, the Secretary shall continue to distribute 
the funds to States in the manner in which the Sec-
retary distributed funds to the States under this sec-
tion for fiscal years 2004 through 2008.’’; and 
(2) by striking paragraph (2) and inserting the following: 
‘‘(2) DUTIES.—The Secretary, with respect to data collection, 
analysis, and dissemination of workforce and labor market 
information for the system, shall carry out the following duties: 
‘‘(A) Assign responsibilities within the Department of 
Labor for elements of the workforce and labor market 
information system described in subsection (a) to ensure 
that the statistical and administrative data collected is 
consistent with appropriate Bureau of Labor Statistics 
standards and definitions, and that the information is 
accessible and understandable to users of such data. 
‘‘(B) Actively seek the cooperation of heads of other 
Federal agencies to establish and maintain mechanisms 
for ensuring complementarity and nonduplication in the 
development and operation of statistical and administrative 
data collection activities. 
‘‘(C) Solicit, receive, and evaluate the recommendations 
from the Workforce Information Advisory Council estab-
lished in subsection (d) concerning the evaluation and 
improvement of the workforce and labor market informa-
tion system described in subsection (a) and respond in 
writing to the Council regarding the recommendations. 
‘‘(D) Eliminate gaps and duplication in statistical 
undertakings. 
‘‘(E) Through the Bureau of Labor Statistics and the 
Employment 
and 
Training 
Administration, 
and 
in 
collaboration with States, develop and maintain the ele-
ments of the workforce and labor market information 
system described in subsection (a), including the develop-
ment of consistent procedures and definitions for use by 
the States in collecting the data and information described 
in subparagraphs (A) and (B) of subsection (a)(1). 
‘‘(F) Establish procedures for the system to ensure 
that— 
‘‘(i) such data and information are timely; and 
‘‘(ii) paperwork and reporting for the system are 
reduced to a minimum.’’. 
(d) TWO-YEAR PLAN.—Section 15 of the Wagner-Peyser Act (29 
U.S.C. 49l–2) is amended by striking subsection (c) and inserting 
the following: 
‘‘(c) TWO-YEAR
PLAN.—The Secretary, acting through the 
Commissioner of Labor Statistics and the Assistant Secretary for 
Employment and Training, and in consultation with the Workforce 
Information Advisory Council described in subsection (d) and heads 
of other appropriate Federal agencies, shall prepare a 2-year plan 
for the workforce and labor market information system. The plan 
shall be developed and implemented in a manner that takes into 
account the activities described in State plans submitted by States 
under section 102 or 103 of the Workforce Innovation and Oppor-
tunity Act and shall be submitted to the Committee on Education
H. R. 803—205 
and the Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate. 
The plan shall include— 
‘‘(1) a description of how the Secretary will work with 
the States to manage the nationwide workforce and labor 
market information system described in subsection (a) and 
the statewide workforce and labor market information systems 
that comprise the nationwide system; 
‘‘(2) a description of the steps to be taken in the following 
2 years to carry out the duties described in subsection (b)(2); 
‘‘(3) an evaluation of the performance of the system, with 
particular attention to the improvements needed at the State 
and local levels; 
‘‘(4) a description of the involvement of States in the 
development of the plan, through consultation by the Secretary 
with the Workforce Information Advisory Council in accordance 
with subsection (d); and 
‘‘(5) a description of the written recommendations received 
from the Workforce Information Advisory Council established 
under subsection (d), and the extent to which those rec-
ommendations were incorporated into the plan.’’. 
(e) WORKFORCE INFORMATION ADVISORY COUNCIL.—Section 15 
of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) WORKFORCE INFORMATION ADVISORY COUNCIL.— 
‘‘(1) IN
GENERAL.—The Secretary, through the Commis-
sioner of Labor Statistics and the Assistant Secretary for 
Employment and Training, shall formally consult at least twice 
annually with the Workforce Information Advisory Council 
established in accordance with paragraph (2). Such consulta-
tions shall address the evaluation and improvement of the 
nationwide workforce and labor market information system 
described in subsection (a) and the statewide workforce and 
labor market information systems that comprise the nationwide 
system and how the Department of Labor and the States will 
cooperate in the management of such systems. The Council 
shall provide written recommendations to the Secretary con-
cerning the evaluation and improvement of the nationwide 
system, including any recommendations regarding the 2-year 
plan described in subsection (c). 
‘‘(2) ESTABLISHMENT OF COUNCIL.— 
‘‘(A) ESTABLISHMENT.—The Secretary shall establish 
an advisory council that shall be known as the Workforce 
Information Advisory Council (referred to in this section 
as the ‘Council’) to participate in the consultations and 
provide the recommendations described in paragraph (1). 
‘‘(B) MEMBERSHIP.—The Secretary shall appoint the 
members of the Council, which shall consist of— 
‘‘(i) 4 members who are representatives of lead 
State agencies with responsibility for workforce invest-
ment activities, or State agencies described in section 
4, who have been nominated by such agencies or by 
a national organization that represents such agencies; 
‘‘(ii) 4 members who are representatives of the 
State workforce and labor market information directors 
affiliated with the State agencies that perform the
H. R. 803—206 
duties described in subsection (e)(2), who have been 
nominated by the directors; 
‘‘(iii) 1 member who is a representative of providers 
of training services under section 122 of the Workforce 
Innovation and Opportunity Act; 
‘‘(iv) 1 member who is a representative of economic 
development entities; 
‘‘(v) 1 member who is a representative of 
businesses, who has been nominated by national busi-
ness organizations or trade associations; 
‘‘(vi) 1 member who is a representative of labor 
organizations, who has been nominated by a national 
labor federation; 
‘‘(vii) 1 member who is a representative of local 
workforce development boards, who has been nomi-
nated by a national organization representing such 
boards; and 
‘‘(viii) 1 member who is a representative of 
research entities that utilize workforce and labor 
market information. 
‘‘(C) GEOGRAPHIC
DIVERSITY.—The Secretary shall 
ensure that the membership of the Council is geographi-
cally diverse and that no 2 of the members appointed 
under clauses (i), (ii), and (vii) represent the same State. 
‘‘(D) PERIOD OF APPOINTMENT; VACANCIES.— 
‘‘(i) IN
GENERAL.—Each member of the Council 
shall be appointed for a term of 3 years, except that 
the initial terms for members may be 1, 2, or 3 years 
in order to establish a rotation in which one-third 
of the members are selected each year. Any such 
member may be appointed for not more than 2 consecu-
tive terms. 
‘‘(ii) VACANCIES.—Any member appointed to fill a 
vacancy occurring before the expiration of the term 
for which the member’s predecessor was appointed 
shall be appointed only for the remainder of that term. 
A member may serve after the expiration of that mem-
ber’s term until a successor has taken office. 
‘‘(E) TRAVEL EXPENSES.—The members of the Council 
shall not receive compensation for the performance of serv-
ices for the Council, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their 
homes or regular places of business in the performance 
of services for the Council. Notwithstanding section 1342 
of title 31, United States Code, the Secretary may accept 
the voluntary and uncompensated services of members of 
the Council. 
‘‘(F) PERMANENT COUNCIL.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Council.’’. 
(f) STATE RESPONSIBILITIES.—Section 15(e) of the Wagner- 
Peyser Act (29 U.S.C. 49l–2(e)) is amended— 
(1) by striking ‘‘employment statistics’’ each place it appears 
and inserting ‘‘workforce and labor market information’’;
H. R. 803—207 
(2) in paragraph (1)(A) by striking ‘‘annual plan’’ and 
inserting ‘‘plan described in subsection (c)’’; 
(3) in paragraph (2)— 
(A) in subparagraph (G), by inserting ‘‘and’’ at the 
end; 
(B) by striking subparagraph (H); 
(C) in subparagraph (I), by striking ‘‘section 136(f)(2) 
of the Workforce Investment Act of 1998’’ and inserting 
‘‘section 116(i)(2) of the Workforce Innovation and Oppor-
tunity Act’’; and 
(D) by redesignating subparagraph (I) as subparagraph 
(H). 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 15(g) of the 
Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking 
‘‘such sums as may be necessary for each of the fiscal years 1999 
through 2004’’ and inserting ‘‘$60,153,000 for fiscal year 2015, 
$64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017, 
$67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019, 
and $70,667,000 for fiscal year 2020’’. 
TITLE IV—AMENDMENTS TO THE 
REHABILITATION ACT OF 1973 
Subtitle A—Introductory Provisions 
SEC. 401. REFERENCES. 
Except as otherwise specifically provided, whenever in this 
title an amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a provision, the amendment or repeal shall 
be considered to be made to a provision of the Rehabilitation Act 
of 1973 (29 U.S.C. 701 et seq.). 
SEC. 402. FINDINGS, PURPOSE, POLICY. 
(a) FINDINGS.—Section 2(a) (29 U.S.C. 701(a)) is amended— 
(1) in paragraph (4), by striking ‘‘workforce investment 
systems under title I of the Workforce Investment Act of 1998’’ 
and inserting ‘‘workforce development systems defined in sec-
tion 3 of the Workforce Innovation and Opportunity Act’’; 
(2) in paragraph (5), by striking ‘‘and’’ at the end; 
(3) in paragraph (6), by striking the period and inserting 
‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(7)(A) a high proportion of students with disabilities is 
leaving secondary education without being employed in competi-
tive integrated employment, or being enrolled in postsecondary 
education; and 
‘‘(B) there is a substantial need to support such students 
as they transition from school to postsecondary life.’’. 
(b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘workforce invest-
ment systems implemented in accordance with title I of 
the Workforce Investment Act of 1998’’ and inserting 
‘‘workforce development systems defined in section 3 of 
the Workforce Innovation and Opportunity Act’’; and
H. R. 803—208 
(B) at the end of subparagraph (F), by striking ‘‘and’’; 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting after paragraph (1) the following: 
‘‘(2) to maximize opportunities for individuals with disabil-
ities, including individuals with significant disabilities, for 
competitive integrated employment;’’; 
(4) in paragraph (3), as redesignated by paragraph (2), 
by striking the period at the end and inserting a semicolon; 
and 
(5) by adding at the end the following: 
‘‘(4) to increase employment opportunities and employment 
outcomes for individuals with disabilities, including through 
encouraging meaningful input by employers and vocational 
rehabilitation service providers on successful and prospective 
employment and placement strategies; and 
‘‘(5) to ensure, to the greatest extent possible, that youth 
with disabilities and students with disabilities who are 
transitioning from receipt of special education services under 
the Individuals with Disabilities Education Act (20 U.S.C. 1400 
et seq.) and receipt of services under section 504 of this Act 
have opportunities for postsecondary success.’’. 
SEC. 403. REHABILITATION SERVICES ADMINISTRATION. 
Section 3 (29 U.S.C. 702) is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by inserting ‘‘in the Depart-
ment of Education’’ after ‘‘Secretary’’; 
(B) by striking the second sentence and inserting ‘‘Such 
Administration shall be the principal agency, and the 
Commissioner shall be the principal officer, of the Depart-
ment for purposes of carrying out titles I, III, VI, and 
chapter 2 of title VII.’’; and 
(C) in the fourth and sixth sentences, by inserting 
‘‘of Education’’ after ‘‘Secretary’’ the first place it appears; 
and 
(2) in subsection (b), by inserting ‘‘of Education’’ after ‘‘Sec-
retary’’. 
SEC. 404. DEFINITIONS. 
Section 7 (29 U.S.C. 705) is amended— 
(1) in paragraph (2)(B)— 
(A) in clause (iii), by striking ‘‘and’’ at the end; 
(B) in clause (iv), by striking the semicolon and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(v) to the maximum extent possible, relies on 
information obtained from experiences in integrated 
employment settings in the community, and other 
integrated community settings;’’; 
(2) by striking paragraphs (3) and (4) and inserting the 
following: 
‘‘(3) ASSISTIVE TECHNOLOGY TERMS.— 
‘‘(A) ASSISTIVE TECHNOLOGY.—The term ‘assistive tech-
nology’ has the meaning given such term in section 3 
of the Assistive Technology Act of 1998 (29 U.S.C. 3002). 
‘‘(B) 
ASSISTIVE
TECHNOLOGY
DEVICE.—The 
term 
‘assistive technology device’ has the meaning given such 
term in section 3 of the Assistive Technology Act of 1998,
H. R. 803—209 
except that the reference in such section to the term 
‘individuals with disabilities’ shall be deemed to mean more 
than 1 individual with a disability as defined in paragraph 
(20)(A)). 
‘‘(C) 
ASSISTIVE
TECHNOLOGY
SERVICE.—The 
term 
‘assistive technology service’ has the meaning given such 
term in section 3 of the Assistive Technology Act of 1998, 
except that the reference in such section— 
‘‘(i) to the term ‘individual with a disability’ shall 
be deemed to mean an individual with a disability, 
as defined in paragraph (20)(A); and 
‘‘(ii) to the term ‘individuals with disabilities’ shall 
be deemed to mean more than 1 such individual.’’; 
(3) by redesignating paragraph (5) as paragraph (4); 
(4) in paragraph (4), as redesignated by paragraph (3)— 
(A) by redesignating subparagraphs (O) through (Q) 
as subparagraphs (P) through (R), respectively; 
(B) by inserting after subparagraph (N) the following: 
‘‘(O) customized employment;’’; and 
(C) in subparagraph (R), as redesignated by subpara-
graph (A) of this paragraph, by striking ‘‘(P)’’ and inserting 
‘‘(Q)’’; 
(5) by inserting before paragraph (6) the following: 
‘‘(5) COMPETITIVE
INTEGRATED
EMPLOYMENT.—The term 
‘competitive integrated employment’ means work that is per-
formed on a full-time or part-time basis (including self-employ-
ment)— 
‘‘(A) for which an individual— 
‘‘(i) is compensated at a rate that— 
‘‘(I)(aa) shall be not less than the higher of 
the rate specified in section 6(a)(1) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 
or the rate specified in the applicable State or 
local minimum wage law; and 
‘‘(bb) is not less than the customary rate paid 
by the employer for the same or similar work 
performed by other employees who are not individ-
uals with disabilities, and who are similarly situ-
ated in similar occupations by the same employer 
and who have similar training, experience, and 
skills; or 
‘‘(II) in the case of an individual who is self- 
employed, yields an income that is comparable 
to the income received by other individuals who 
are not individuals with disabilities, and who are 
self-employed in similar occupations or on similar 
tasks and who have similar training, experience, 
and skills; and 
‘‘(ii) is eligible for the level of benefits provided 
to other employees; 
‘‘(B) that is at a location where the employee interacts 
with other persons who are not individuals with disabilities 
(not including supervisory personnel or individuals who 
are providing services to such employee) to the same extent 
that individuals who are not individuals with disabilities 
and who are in comparable positions interact with other 
persons; and
H. R. 803—210 
‘‘(C) that, as appropriate, presents opportunities for 
advancement that are similar to those for other employees 
who are not individuals with disabilities and who have 
similar positions.’’; 
(6) in paragraph (6)(B), by striking ‘‘includes’’ and all that 
follows through ‘‘fees’’ and inserting ‘‘includes architects’ fees’’; 
(7) by inserting after paragraph (6) the following: 
‘‘(7) CUSTOMIZED
EMPLOYMENT.—The term ‘customized 
employment’ means competitive integrated employment, for an 
individual with a significant disability, that is based on an 
individualized determination of the strengths, needs, and 
interests of the individual with a significant disability, is 
designed to meet the specific abilities of the individual with 
a significant disability and the business needs of the employer, 
and is carried out through flexible strategies, such as— 
‘‘(A) job exploration by the individual; 
‘‘(B) working with an employer to facilitate placement, 
including— 
‘‘(i) customizing a job description based on current 
employer needs or on previously unidentified and 
unmet employer needs; 
‘‘(ii) developing a set of job duties, a work schedule 
and job arrangement, and specifics of supervision 
(including performance evaluation and review), and 
determining a job location; 
‘‘(iii) representation by a professional chosen by 
the individual, or self-representation of the individual, 
in working with an employer to facilitate placement; 
and 
‘‘(iv) providing services and supports at the job 
location.’’; 
(8) in paragraph (11)— 
(A) in subparagraph (C)— 
(i) by inserting ‘‘of Education’’ after ‘‘Secretary’’; 
and 
(ii) by inserting ‘‘customized employment,’’ before 
‘‘self-employment,’’; 
(9) in paragraph (12), by inserting ‘‘of Education’’ after 
‘‘Secretary’’ each place it appears; 
(10) in paragraph (14)(C), by inserting ‘‘of Education’’ after 
‘‘Secretary’’; 
(11) in paragraph (17)— 
(A) in subparagraph (C), by striking ‘‘and’’ at the end; 
(B) in subparagraph (D), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) services that— 
‘‘(i) facilitate the transition of individuals with 
significant disabilities from nursing homes and other 
institutions to home and community-based residences, 
with the requisite supports and services; 
‘‘(ii) provide assistance to individuals with signifi-
cant disabilities who are at risk of entering institutions 
so that the individuals may remain in the community; 
and 
‘‘(iii) facilitate the transition of youth who are 
individuals with significant disabilities, who were
H. R. 803—211 
eligible for individualized education programs under 
section 614(d) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1414(d)), and who have completed 
their secondary education or otherwise left school, to 
postsecondary life.’’; 
(12) in paragraph (18), by striking ‘‘term’’ and all that 
follows through ‘‘includes—’’ and inserting ‘‘term ‘independent 
living services’ includes—’’; 
(13) in paragraph (19)— 
(A) in subparagraph (A), by inserting before the period 
the following: ‘‘and includes a Native and a descendant 
of a Native, as such terms are defined in subsections (b) 
and (r) of section 3 of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1602)’’; and 
(B) in subparagraph (B), by inserting before the period 
the following: ‘‘and a tribal organization (as defined in 
section 4(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l)))’’; 
(14) in paragraph (23), by striking ‘‘section 101’’ and 
inserting ‘‘section 102’’; 
(15) by striking paragraph (25) and inserting the following: 
‘‘(25) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term 
‘local workforce development board’ means a local board, as 
defined in section 3 of the Workforce Innovation and Oppor-
tunity Act.’’; 
(16) by striking paragraph (37); 
(17) by redesignating paragraphs (29) through (39) as para-
graphs (31) through (36), and (38) through (41), respectively; 
(18) by inserting after paragraph (28) the following: 
‘‘(30) PRE-EMPLOYMENT
TRANSITION
SERVICES.—The term 
‘pre-employment transition services’ means services provided 
in accordance with section 113.’’; 
(19) by striking paragraph (33), as redesignated by para-
graph (17), and inserting the following: 
‘‘(33) SECRETARY.—Unless where the context otherwise 
requires, the term ‘Secretary’— 
‘‘(A) used in title I, III, IV, V, VI, or chapter 2 of 
title VII, means the Secretary of Education; and 
‘‘(B) used in title II or chapter 1 of title VII, means 
the Secretary of Health and Human Services.’’; 
(20) by striking paragraphs (35) and (36), as redesignated 
by paragraph (17), and inserting the following: 
‘‘(35) STATE WORKFORCE DEVELOPMENT BOARD.—The term 
‘State workforce development board’ means a State board, as 
defined in section 3 of the Workforce Innovation and Oppor-
tunity Act. 
‘‘(36) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM.—The 
term ‘statewide workforce development system’ means a 
workforce development system, as defined in section 3 of the 
Workforce Innovation and Opportunity Act.’’; 
(21) by inserting after that paragraph (36) the following: 
‘‘(37) STUDENT WITH A DISABILITY.— 
‘‘(A) IN GENERAL.—The term ‘student with a disability’ 
means an individual with a disability who— 
‘‘(i)(I)(aa) is not younger than the earliest age for 
the provision of transition services under section
H. R. 803—212 
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or 
‘‘(bb) if the State involved elects to use a lower 
minimum age for receipt of pre-employment transition 
services under this Act, is not younger than that min-
imum age; and 
‘‘(II)(aa) is not older than 21 years of age; or 
‘‘(bb) if the State law for the State provides for 
a higher maximum age for receipt of services under 
the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.), is not older than that maximum 
age; and 
‘‘(ii)(I) is eligible for, and receiving, special edu-
cation or related services under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1411 
et seq.); or 
‘‘(II) is an individual with a disability, for purposes 
of section 504. 
‘‘(B) STUDENTS WITH DISABILITIES.—The term ‘students 
with disabilities’ means more than 1 student with a dis-
ability.’’; 
(22) by striking paragraphs (38) and (39), as redesignated 
by paragraph (17), and inserting the following: 
‘‘(38) SUPPORTED
EMPLOYMENT.—The term ‘supported 
employment’ 
means 
competitive 
integrated 
employment, 
including customized employment, or employment in an 
integrated work setting in which individuals are working on 
a short-term basis toward competitive integrated employment, 
that is individualized and customized consistent with the 
strengths, abilities, interests, and informed choice of the 
individuals involved, for individuals with the most significant 
disabilities— 
‘‘(A)(i) for whom competitive integrated employment 
has not historically occurred; or 
‘‘(ii) for whom competitive integrated employment has 
been interrupted or intermittent as a result of a significant 
disability; and 
‘‘(B) who, because of the nature and severity of their 
disability, need intensive supported employment services 
and extended services after the transition described in 
paragraph (13)(C), in order to perform the work involved. 
‘‘(39) SUPPORTED EMPLOYMENT SERVICES.—The term ‘sup-
ported employment services’ means ongoing support services, 
including customized employment, needed to support and main-
tain an individual with a most significant disability in sup-
ported employment, that— 
‘‘(A) are provided singly or in combination and are 
organized and made available in such a way as to assist 
an eligible individual to achieve competitive integrated 
employment; 
‘‘(B) are based on a determination of the needs of 
an eligible individual, as specified in an individualized 
plan for employment; and 
‘‘(C) are provided by the designated State unit for 
a period of not more than 24 months, except that period 
may be extended, if necessary, in order to achieve the
H. R. 803—213 
employment outcome identified in the individualized plan 
for employment.’’; 
(23) in paragraph (41), as redesignated by paragraph (17), 
by striking ‘‘as defined in section 101 of the Workforce Invest-
ment Act of 1998’’ and inserting ‘‘as defined in section 3 of 
the Workforce Innovation and Opportunity Act’’; and 
(24) by inserting after paragraph (41), as redesignated by 
paragraph (17), the following: 
‘‘(42) YOUTH WITH A DISABILITY.— 
‘‘(A) IN GENERAL.—The term ‘youth with a disability’ 
means an individual with a disability who— 
‘‘(i) is not younger than 14 years of age; and 
‘‘(ii) is not older than 24 years of age. 
‘‘(B) YOUTH WITH DISABILITIES.—The term ‘youth with 
disabilities’ means more than 1 youth with a disability.’’. 
SEC. 405. ADMINISTRATION OF THE ACT. 
(a) PROMULGATION.—Section 8(a)(2) (29 U.S.C. 706(a)(2)) is 
amended by inserting ‘‘of Education’’ after ‘‘Secretary’’. 
(b) PRIVACY.—Section 11 (29 U.S.C. 708) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘The provisions’’; and 
(2) by adding at the end the following: 
‘‘(b) Section 501 of the Workforce Innovation and Opportunity 
Act shall apply, as specified in that section, to amendments to 
this Act that were made by the Workforce Innovation and Oppor-
tunity Act.’’. 
(c) ADMINISTRATION.—Section 12 (29 U.S.C. 709) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; and 
(ii) by adding at the end the following: 
‘‘(B) provide technical assistance to the designated 
State units on developing successful partnerships with local 
and multi-State businesses in an effort to increase the 
employment of individuals with disabilities; 
‘‘(C) provide technical assistance to providers and 
organizations on developing self-employment opportunities 
and outcomes for individuals with disabilities; and 
‘‘(D) provide technical assistance to entities carrying 
out community rehabilitation programs to build their 
internal capacity to provide individualized services and 
supports leading to competitive integrated employment, 
and to transition individuals with disabilities away from 
nonintegrated settings;’’; and 
(B) in paragraph (2), by striking ‘‘, centers for inde-
pendent living,’’; 
(2) in subsection (c), by striking ‘‘Commissioner’’ the first 
place it appears and inserting ‘‘Secretary of Education’’; 
(3) in subsection (d), by inserting ‘‘of Education’’ after ‘‘Sec-
retary’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Rehabilitation Act Amendments of 
1998’’ each place it appears and inserting ‘‘Workforce 
Innovation and Opportunity Act’’; and 
(B) by inserting ‘‘of Education’’ after ‘‘Secretary’’; 
(5) in subsection (f), by inserting ‘‘of Education’’ after ‘‘Sec-
retary’’;
H. R. 803—214 
(6)(A) in subsection (c), by striking ‘‘(c)’’ and inserting 
‘‘(c)(1)’’; 
(B) in subsection (d), by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
(C) in subsection (e), by striking ‘‘(e)’’ and inserting ‘‘(2)’’; 
(D) in subsection (f), by striking ‘‘(f)’’ and inserting ‘‘(2)’’; 
and 
(E) by moving paragraph (2) (as redesignated by subpara-
graph (D)) to the end of subsection (c); and 
(7) by inserting after subsection (d) the following: 
‘‘(e)(1) The Administrator of the Administration for Community 
Living (referred to in this subsection as the ‘Administrator’) may 
carry out the authorities and shall carry out the responsibilities 
of the Commissioner described in paragraphs (1)(A) and (2) through 
(4) of subsection (a), and subsection (b), except that, for purposes 
of applying subsections (a) and (b), a reference in those sub-
sections— 
‘‘(A) to facilitating meaningful and effective participation 
shall be considered to be a reference to facilitating meaningful 
and effective collaboration with independent living programs, 
and promoting a philosophy of independent living for individ-
uals with disabilities in community activities; and 
‘‘(B) to training for personnel shall be considered to be 
a reference to training for the personnel of centers for inde-
pendent living and Statewide Independent Living Councils. 
‘‘(2) The Secretary of Health and Human Services may carry 
out the authorities and shall carry out the responsibilities of the 
Secretary of Education described in subsections (c) and (d). 
‘‘(f)(1) In subsections (a) through (d), a reference to ‘this Act’ 
means a provision of this Act that the Secretary of Education 
has authority to carry out; and 
‘‘(2) In subsection (e), for purposes of applying subsections (a) 
through (d), a reference in those subsections to ‘this Act’ means 
a provision of this Act that the Secretary of Health and Human 
Services has authority to carry out.’’. 
SEC. 406. REPORTS. 
Section 13 (29 U.S.C. 710) is amended— 
(1) in section (c)— 
(A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 
(B) in the second sentence, by striking ‘‘section 136(d) 
of the Workforce Investment Act of 1998’’ and inserting 
‘‘section 116(d)(2) of the Workforce Innovation and Oppor-
tunity Act’’; and 
(2) by adding at the end the following: 
‘‘(d) The Commissioner shall ensure that the report described 
in this section is made publicly available in a timely manner, 
including through electronic means, in order to inform the public 
about the administration and performance of programs under this 
Act.’’. 
SEC. 407. EVALUATION AND INFORMATION. 
(a) EVALUATION.—Section 14 (29 U.S.C. 711) is amended— 
(1) by inserting ‘‘of Education’’ after ‘‘Secretary’’ each place 
it appears; 
(2) in subsection (f)(2), by inserting ‘‘competitive’’ before 
‘‘integrated employment’’; 
(3)(A) in subsection (b), by striking ‘‘(b)’’ and inserting 
‘‘(b)(1)’’;
H. R. 803—215 
(B) in subsection (c), by striking ‘‘(c)’’ and inserting ‘‘(2)’’; 
(C) in subsection (d), by striking ‘‘(d)’’ and inserting ‘‘(3)’’; 
and 
(D) by redesignating subsections (e) and (f) as subsections 
(c) and (d), respectively; 
(4) by inserting after subsection (d), as redesignated by 
paragraph (3)(D), the following: 
‘‘(e)(1) The Secretary of Health and Human Services may carry 
out the authorities and shall carry out the responsibilities of the 
Secretary of Education described in subsections (a) and (b). 
‘‘(2) The Administrator of the Administration for Community 
Living may carry out the authorities and shall carry out the respon-
sibilities of the Commissioner described in subsections (a) and (d)(1), 
except that, for purposes of applying those subsections, a reference 
in those subsections to exemplary practices shall be considered 
to be a reference to exemplary practices concerning independent 
living services and centers for independent living. 
‘‘(f)(1) In subsections (a) through (d), a reference to ‘this Act’ 
means a provision of this Act that the Secretary of Education 
has authority to carry out; and 
‘‘(2) In subsection (e), for purposes of applying subsections (a), 
(b), and (d), a reference in those subsections to ‘this Act’ means 
a provision of this Act that the Secretary of Health and Human 
Services has authority to carry out.’’. 
(b) INFORMATION.—Section 15 (29 U.S.C. 712) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘of Education’’ after ‘‘Secretary’’ each 
place it appears; and 
(B) in paragraph (1), by striking ‘‘State workforce 
investment boards’’ and inserting ‘‘State workforce develop-
ment boards’’; and 
(2) in subsection (b), by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Education’’. 
SEC. 408. CARRYOVER. 
Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by striking 
‘‘part B of title VI’’ and inserting ‘‘title VI’’. 
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS. 
Section 21 (29 U.S.C. 718) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the first sentence, by striking ‘‘racial’’ and 
inserting ‘‘demographic’’; 
(ii) in the second sentence— 
(I) by striking ‘‘rate of increase’’ the first place 
it appears and inserting ‘‘percentage increase from 
2000 to 2010’’; 
(II) by striking ‘‘is 3.2’’ and inserting ‘‘was 
9.7’’; 
(III) by striking ‘‘rate of increase’’ and 
inserting ‘‘percentage increase’’; 
(IV) by striking ‘‘is much’’ and inserting ‘‘was 
much’’; 
(V) by striking ‘‘38.6’’ and inserting ‘‘43.0’’; 
(VI) by striking ‘‘14.6’’ and inserting ‘‘12.3’’; 
(VII) by striking ‘‘40.1’’ and inserting ‘‘43.2’’; 
and
H. R. 803—216 
(VIII) by striking ‘‘and other ethnic groups’’; 
and 
(iii) by striking the last sentence; and 
(B) in paragraph (2), by striking the second and third 
sentences and inserting the following: ‘‘In 2011— 
‘‘(A) among Americans ages 16 through 64, the rate 
of disability was 12.1 percent; 
‘‘(B) among African-Americans in that age range, the 
disability rate was more than twice as high, at 27.1 percent; 
and 
‘‘(C) for American Indians and Alaska Natives in the 
same age range, the disability rate was also more than 
twice as high, at 27.0 percent.’’; 
(2) in subsection (b)(1), by striking ‘‘National Institute on 
Disability and Rehabilitation Research’’ and inserting ‘‘National 
Institute on Disability, Independent Living, and Rehabilitation 
Research’’; and 
(3) in subsection (c), by striking ‘‘Director’’ and inserting 
‘‘Director of the National Institute on Disability, Independent 
Living, and Rehabilitation Research’’. 
Subtitle B—Vocational Rehabilitation 
Services 
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIA-
TIONS. 
(a) FINDINGS; PURPOSE; POLICY.—Section 100(a) (29 U.S.C. 
720(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking ‘‘integrated’’ and 
inserting ‘‘competitive integrated employment’’; 
(B) in subparagraph (D)(iii), by striking ‘‘medicare and 
medicaid’’ and inserting ‘‘Medicare and Medicaid’’; 
(C) in subparagraph (F), by striking ‘‘investment’’ and 
inserting ‘‘development’’; and 
(D) in subparagraph (G)— 
(i) by striking ‘‘workforce investment systems’’ and 
inserting ‘‘workforce development systems’’; and 
(ii) by striking ‘‘workforce investment activities’’ 
and inserting ‘‘workforce development activities’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘workforce invest-
ment system’’ and inserting ‘‘workforce development 
system’’; and 
(B) in subparagraph (B), by striking ‘‘and informed 
choice,’’ and inserting ‘‘informed choice, and economic self- 
sufficiency,’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (B), by striking ‘‘gainful employ-
ment in integrated settings’’ and inserting ‘‘competitive 
integrated employment’’; and 
(B) in subparagraph (E), by inserting ‘‘should’’ before 
‘‘facilitate’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 100(b)(1) (29 
U.S.C. 720(b)(1)) is amended by striking ‘‘such sums as may be
H. R. 803—217 
necessary for fiscal years 1999 through 2003’’ and inserting 
‘‘$3,302,053,000 for each of the fiscal years 2015 through 2020’’. 
SEC. 412. STATE PLANS. 
(a) PLAN REQUIREMENTS.—Section 101(a) (29 U.S.C. 721(a)) 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘to participate’’ 
and all that follows and inserting ‘‘to receive funds under 
this title for a fiscal year, a State shall submit, and have 
approved by the Secretary and the Secretary of Labor, 
a unified State plan in accordance with section 102, or 
a combined State plan in accordance with section 103, 
of the Workforce Innovation and Opportunity Act. The uni-
fied or combined State plan shall include, in the portion 
of the plan described in section 102(b)(2)(D) of such Act 
(referred to in this subsection as the ‘vocational rehabilita-
tion services portion’), the provisions of a State plan for 
vocational rehabilitation services, described in this sub-
section.’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘in the State plan for vocational 
rehabilitation services,’’ and inserting ‘‘as part of the 
vocational rehabilitation services portion of the unified 
or combined State plan submitted in accordance with 
subparagraph (A),’’; and 
(ii) by striking ‘‘Rehabilitation Act Amendments 
of 1998’’ and inserting ‘‘Workforce Innovation and 
Opportunity Act’’; and 
(C) in subparagraph (C)— 
(i) by striking ‘‘The State plan shall remain in 
effect subject to the submission of such modifications’’ 
and inserting ‘‘The vocational rehabilitation services 
portion of the unified or combined State plan submitted 
in accordance with subparagraph (A) shall remain in 
effect until the State submits and receives approval 
of a new State plan in accordance with subparagraph 
(A), or until the submission of such modifications’’; 
and 
(ii) by striking ‘‘, until the State submits and 
receives approval of a new State plan’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘The State plan’’ 
and inserting ‘‘The State plan for vocational rehabilitation 
services’’; and 
(B) in subparagraph (B)(ii)— 
(i) in subclause (II), by inserting ‘‘who is respon-
sible for the day-to-day operation of the vocational 
rehabilitation program’’ before the semicolon; 
(ii) in subclause (III), by striking ‘‘and’’ at the 
end; 
(iii) in subclause (IV), by striking the period and 
inserting ‘‘; and’’; and 
(iv) by adding at the end the following: 
‘‘(V) has the sole authority and responsibility 
within the designated State agency described in 
subparagraph (A) to expend funds made available
H. R. 803—218 
under this title in a manner that is consistent 
with the purposes of this title.’’; 
(3) in paragraph (5)— 
(A) in subparagraph (C), by striking ‘‘and’’ at the end; 
(B) by redesignating subparagraph (D) as subpara-
graph (E); and 
(C) by inserting after subparagraph (C) the following: 
‘‘(D) notwithstanding subparagraph (C), permit the 
State, in its discretion, to elect to serve eligible individuals 
(whether or not receiving vocational rehabilitation services) 
who require specific services or equipment to maintain 
employment; and’’; 
(4) in paragraph (7)— 
(A) in subparagraph (A)(v)— 
(i) in subclause (I), after ‘‘rehabilitation technology’’ 
insert the following: ‘‘, including training implemented 
in coordination with entities carrying out State pro-
grams under section 4 of the Assistive Technology Act 
of 1998 (29 U.S.C. 3003)’’; and 
(ii) in subclause (II), by striking ‘‘Rehabilitation 
Act Amendments of 1998’’ and inserting ‘‘Workforce 
Innovation and Opportunity Act’’; and 
(B) in subparagraph (B), by striking clause (ii) and 
inserting the following: 
‘‘(ii) the establishment and maintenance of edu-
cation and experience requirements, to ensure that 
the personnel have a 21st century understanding of 
the evolving labor force and the needs of individuals 
with disabilities, including requirements for— 
‘‘(I)(aa) attainment of a baccalaureate degree 
in a field of study reasonably related to vocational 
rehabilitation, to indicate a level of competency 
and skill demonstrating basic preparation in a field 
of study such as vocational rehabilitation coun-
seling, social work, psychology, disability studies, 
business administration, human resources, special 
education, 
supported 
employment, 
customized 
employment, economics, or another field that 
reasonably prepares individuals to work with con-
sumers and employers; and 
‘‘(bb) demonstrated paid or unpaid experience, 
for not less than 1 year, consisting of— 
‘‘(AA) direct work with individuals with 
disabilities in a setting such as an independent 
living center; 
‘‘(BB) direct service or advocacy activities 
that provide such individual with experience 
and skills in working with individuals with 
disabilities; or 
‘‘(CC) direct experience as an employer, 
as a small business owner or operator, or in 
self-employment, 
or 
other 
experience 
in 
human resources, recruitment, or experience 
in supervising employees, training, or other 
activities that provide experience in competi-
tive integrated employment environments; or
H. R. 803—219 
‘‘(II) attainment of a master’s or doctoral 
degree in a field of study such as vocational 
rehabilitation counseling, law, social work, psy-
chology, disability studies, business administra-
tion, human resources, special education, manage-
ment, public administration, or another field that 
reasonably provides competence in the employment 
sector, in a disability field, or in both business- 
related and rehabilitation-related fields; and’’; 
(5) in paragraph (8)— 
(A) in subparagraph (A)(i)— 
(i) by inserting ‘‘an accommodation or auxiliary 
aid or service or’’ after ‘‘prior to providing’’; and 
(ii) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 
(B) in subparagraph (B)— 
(i) in the matter preceding clause (i)— 
(I) by striking ‘‘medicaid’’ and inserting ‘‘Med-
icaid’’; 
(II) by striking ‘‘workforce investment system’’ 
and inserting ‘‘workforce development system’’; 
(III) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 
(IV) by inserting ‘‘and, if appropriate, accom-
modations or auxiliary aids and services,’’ before 
‘‘that are included’’; and 
(V) by striking ‘‘provision of such vocational 
rehabilitation services’’ and inserting ‘‘provision of 
such vocational rehabilitation services (including, 
if appropriate, accommodations or auxiliary aids 
and services)’’; and 
(ii) in clause (iv)— 
(I) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 
and 
(II) by inserting ‘‘, and accommodations or 
auxiliary aids and services’’ before the period; and 
(C) in subparagraph (C)(i), by striking ‘‘(5)(D)’’ and 
inserting ‘‘(5)(E)’’; 
(6) in paragraph (10)— 
(A) in subparagraph (B), by striking ‘‘annual’’ and all 
that follows through ‘‘of 1998’’ and inserting ‘‘annual 
reporting of information, on eligible individuals receiving 
the services, that is necessary to assess the State’s perform-
ance on the standards and indicators described in section 
106(a)’’; 
(B) in subparagraph (C)— 
(i) in the matter preceding clause (i), by inserting 
‘‘, from each State,’’ after ‘‘additional data’’; 
(ii) by striking clause (i) and inserting: 
‘‘(i) the number of applicants and the number of 
individuals determined to be eligible or ineligible for 
the program carried out under this title, including 
the number of individuals determined to be ineligible 
(disaggregated by type of disability and age);’’; 
(iii) in clause (ii)— 
(I) in subclause (I), by striking ‘‘(5)(D)’’ and 
inserting ‘‘(5)(E)’’; 
(II) in subclause (II), by striking ‘‘and’’ at the 
end; and
H. R. 803—220 
(III) by adding at the end the following: 
‘‘(IV) the number of individuals with open 
cases (disaggregated by those who are receiving 
training and those who are in postsecondary edu-
cation), and the type of services the individuals 
are receiving (including supported employment); 
‘‘(V) the number of students with disabilities 
who are receiving pre-employment transition serv-
ices under this title: and 
‘‘(VI) the number of individuals referred to 
State vocational rehabilitation programs by one- 
stop operators (as defined in section 3 of the 
Workforce Innovation and Opportunity Act), and 
the number of individuals referred to such one- 
stop operators by State vocational rehabilitation 
programs;’’; and 
(iv) in clause (iv)(I), by inserting before the semi-
colon the following: ‘‘and, for those who achieved 
employment outcomes, the average length of time to 
obtain employment’’; 
(C) in subparagraph (D)(i), by striking ‘‘title I of the 
Workforce Investment Act of 1998’’ and inserting ‘‘title 
I of the Workforce Innovation and Opportunity Act’’; 
(D) in subparagraph (E)(ii), by striking ‘‘of the State’’ 
and all that follows and inserting ‘‘of the State in meeting 
the standards and indicators established pursuant to sec-
tion 106.’’; and 
(E) by adding at the end the following: 
‘‘(G) 
RULES
FOR
REPORTING
OF
DATA.—The 
disaggregation of data under this Act shall not be required 
within a category if the number of individuals in a category 
is insufficient to yield statistically reliable information, or 
if the results would reveal personally identifiable informa-
tion about an individual. 
‘‘(H) COMPREHENSIVE REPORT.—The State plan shall 
specify that the Commissioner will provide an annual com-
prehensive report that includes the reports and data 
required under this section, as well as a summary of the 
reports and data, for each fiscal year. The Commissioner 
shall submit the report to the Committee on Education 
and the Workforce of the House of Representatives, the 
Committee on Appropriations of the House of Representa-
tives, the Committee on Health, Education, Labor, and 
Pensions of the Senate, and the Committee on Appropria-
tions of the Senate, not later than 90 days after the end 
of the fiscal year involved.’’; 
(7) in paragraph (11)— 
(A) in subparagraph (A)— 
(i) in the subparagraph header, by striking 
‘‘WORKFORCE
INVESTMENT
SYSTEMS’’ and inserting 
‘‘WORKFORCE DEVELOPMENT SYSTEMS’’; 
(ii) in the matter preceding clause (i), by striking 
‘‘workforce 
investment 
system’’ 
and 
inserting 
‘‘workforce development system’’; 
(iii) in clause (i)(II)— 
(I) by striking ‘‘investment’’ and inserting 
‘‘development’’; and
H. R. 803—221 
(II) by inserting ‘‘(including programmatic 
accessibility and physical accessibility)’’ after ‘‘pro-
gram accessibility’’; 
(iv) in clause (ii), by striking ‘‘workforce investment 
system’’ and inserting ‘‘workforce development system’’; 
and 
(v) in clause (v), by striking ‘‘workforce investment 
system’’ and inserting ‘‘workforce development system’’; 
(B) in subparagraph (B), by striking ‘‘workforce invest-
ment system’’ and inserting ‘‘workforce development 
system’’; 
(C) in subparagraph (C)— 
(i) by inserting ‘‘the State programs carried out 
under section 4 of the Assistive Technology Act of 
1998 (29 U.S.C. 3003),’’ after ‘‘including’’; 
(ii) by inserting ‘‘, noneducational agencies serving 
out-of-school youth,’’ after ‘‘Agriculture’’; and 
(iii) by striking ‘‘such agencies and programs’’ and 
inserting ‘‘such Federal, State, and local agencies and 
programs’’; and 
(iv) by striking ‘‘workforce investment system’’ and 
inserting ‘‘workforce development system’’; 
(D) in subparagraph (D)— 
(i) in the matter preceding clause (i), by inserting 
‘‘, including pre-employment transition services,’’ before 
‘‘under this title’’; 
(ii) in clause (i), by inserting ‘‘, which may be 
provided using alternative means for meeting partici-
pation (such as video conferences and conference 
calls),’’ after ‘‘consultation and technical assistance’’; 
and 
(iii) in clause (ii), by striking ‘‘completion’’ and 
inserting ‘‘implementation’’; 
(E) by redesignating subparagraphs (E) and (F) as 
subparagraphs (F) and (H), respectively; 
(F) by inserting after subparagraph (D) the following: 
‘‘(E) COORDINATION WITH EMPLOYERS.—The State plan 
shall describe how the designated State unit will work 
with employers to identify competitive integrated employ-
ment opportunities and career exploration opportunities, 
in order to facilitate the provision of— 
‘‘(i) vocational rehabilitation services; and 
‘‘(ii) transition services for youth with disabilities 
and students with disabilities, such as pre-employment 
transition services.’’; 
(G) in subparagraph (F), as redesignated by subpara-
graph (E) of this paragraph— 
(i) by inserting ‘‘chapter 1 of’’ after ‘‘part C of’’; 
and 
(ii) by inserting ‘‘, as appropriate’’ before the 
period; 
(H) by inserting after subparagraph (F), as redesig-
nated by subparagraph (E) of this paragraph, the following: 
‘‘(G) COOPERATIVE AGREEMENT REGARDING INDIVIDUALS 
ELIGIBLE FOR HOME AND COMMUNITY-BASED WAIVER PRO-
GRAMS.—The State plan shall include an assurance that
H. R. 803—222 
the designated State unit has entered into a formal coopera-
tive agreement with the State agency responsible for 
administering the State Medicaid plan under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.) and 
the State agency with primary responsibility for providing 
services and supports for individuals with intellectual 
disabilities and individuals with developmental disabilities, 
with respect to the delivery of vocational rehabilitation 
services, including extended services, for individuals with 
the most significant disabilities who have been determined 
to be eligible for home and community-based services under 
a Medicaid waiver, Medicaid State plan amendment, or 
other authority related to a State Medicaid program.’’; 
(I) in subparagraph (H), as redesignated by subpara-
graph (E) of this paragraph— 
(i) in clause (ii)— 
(I) by inserting ‘‘on or’’ before ‘‘near’’; and 
(II) by striking ‘‘and’’ at the end; 
(ii) by redesignating clause (iii) as clause (iv); and 
(iii) by inserting after clause (ii) the following: 
‘‘(iii) strategies for the provision of transition plan-
ning, by personnel of the designated State unit, the 
State educational agency, and the recipient of funds 
under part C, that will facilitate the development and 
approval of the individualized plans for employment 
under section 102; and’’; and 
(J) by adding at the end the following: 
‘‘(I) COORDINATION WITH ASSISTIVE TECHNOLOGY PRO-
GRAMS.—The State plan shall include an assurance that 
the designated State unit, and the lead agency and imple-
menting entity (if any) designated by the Governor of the 
State under section 4 of the Assistive Technology Act of 
1998 (29 U.S.C. 3003), have developed working relation-
ships and will enter into agreements for the coordination 
of their activities, including the referral of individuals with 
disabilities to programs and activities described in that 
section. 
‘‘(J) COORDINATION WITH TICKET TO WORK AND SELF- 
SUFFICIENCY PROGRAM.—The State plan shall include an 
assurance that the designated State unit will coordinate 
activities with any other State agency that is functioning 
as an employment network under the Ticket to Work and 
Self-Sufficiency Program established under section 1148 
of the Social Security Act (42 U.S.C. 1320b–19). 
‘‘(K) INTERAGENCY COOPERATION.—The State plan shall 
describe how the designated State agency or agencies (if 
more than 1 agency is designated under paragraph (2)(A)) 
will collaborate with the State agency responsible for 
administering the State Medicaid plan under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.), the 
State agency responsible for providing services for individ-
uals with developmental disabilities, and the State agency 
responsible for providing mental health services, to develop 
opportunities 
for 
community-based 
employment 
in 
integrated settings, to the greatest extent practicable.’’; 
(8) in paragraph (14)—
H. R. 803—223 
(A) in the paragraph header, by striking ‘‘ANNUAL’’ 
and inserting ‘‘SEMIANNUAL’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘an annual’’ and inserting ‘‘a semi-
annual’’; 
(ii) by striking ‘‘has achieved an employment out-
come’’ and inserting ‘‘is employed’’; 
(iii) by striking ‘‘achievement of the outcome’’ and 
all that follows through ‘‘representative)’’ and inserting 
‘‘beginning of such employment, and annually there-
after’’; 
(iv) by striking ‘‘to competitive’’ and all that follows 
and inserting the following: ‘‘to competitive integrated 
employment or training for competitive integrated 
employment;’’; 
(C) in subparagraph (B), by striking ‘‘and’’ at the end; 
(D) in subparagraph (C), by striking ‘‘the individuals 
described’’ and all that follows and inserting ‘‘individuals 
described in subparagraph (A) in attaining competitive 
integrated employment; and’’; and 
(E) by adding at the end the following: 
‘‘(D) an assurance that the State will report the 
information generated under subparagraphs (A), (B), and 
(C), for each of the individuals, to the Administrator of 
the Wage and Hour Division of the Department of Labor 
for each fiscal year, not later than 60 days after the end 
of the fiscal year.’’; 
(9) in paragraph (15)— 
(A) in subparagraph (A)— 
(i) in clause (i)— 
(I) in subclause (II), by striking ‘‘and’’ at the 
end; 
(II) in subclause (III)— 
(aa) by striking ‘‘workforce investment 
system’’ and inserting ‘‘workforce development 
system’’; and 
(bb) by adding ‘‘and’’ at the end; and 
(III) by adding at the end the following: 
‘‘(IV) youth with disabilities, and students with 
disabilities, including their need for pre-employ-
ment transition services or other transition serv-
ices;’’; 
(ii) by redesignating clauses (ii) and (iii) as clauses 
(iii) and (iv), respectively; and 
(iii) by inserting after clause (i) the following: 
‘‘(ii) include an assessment of the needs of individ-
uals with disabilities for transition services and pre- 
employment transition services, and the extent to 
which such services provided under this Act are coordi-
nated with transition services provided under the 
Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.) in order to meet the needs of individuals 
with disabilities.’’; 
(B) in subparagraph (B)— 
(i) in clause (ii)— 
(I) by striking ‘‘part B of title VI’’ and inserting 
‘‘title VI’’; and
H. R. 803—224 
(II) by striking ‘‘and’’ at the end; 
(ii) by redesignating clause (iii) as clause (iv); and 
(iii) by inserting after clause (ii) the following: 
‘‘(iii) the number of individuals who are eligible 
for services under this title, but are not receiving such 
services due to an order of selection; and’’; and 
(C) in subparagraph (D)— 
(i) by redesignating clauses (iii) through (v) as 
clauses (iv) through (vi), respectively; 
(ii) by inserting after clause (ii) the following: 
‘‘(iii) the methods to be used to improve and expand 
vocational rehabilitation services for students with 
disabilities, including the coordination of services 
designed to facilitate the transition of such students 
from the receipt of educational services in school to 
postsecondary life (including the receipt of vocational 
rehabilitation services under this title, postsecondary 
education, employment, and pre-employment transition 
services);’’; and 
(iii) in clause (vi), as redesignated by clause (i) 
of this subparagraph, by striking ‘‘workforce invest-
ment system’’ and inserting ‘‘workforce development 
system’’; 
(10) in paragraph (20), in subparagraphs (A) and (B)(i), 
by striking ‘‘workforce investment system’’ and inserting 
‘‘workforce development system’’; 
(11) in paragraph (22), by striking ‘‘part B of title VI’’ 
and inserting ‘‘title VI’’; and 
(12) by adding at the end the following: 
‘‘(25) SERVICES
FOR
STUDENTS
WITH
DISABILITIES.—The 
State plan shall provide an assurance that, with respect to 
students with disabilities, the State— 
‘‘(A) has developed and will implement— 
‘‘(i) strategies to address the needs identified in 
the assessments described in paragraph (15); and 
‘‘(ii) strategies to achieve the goals and priorities 
identified by the State, in accordance with paragraph 
(15), to improve and expand vocational rehabilitation 
services for students with disabilities on a statewide 
basis; and 
‘‘(B) has developed and will implement strategies to 
provide pre-employment transition services. 
‘‘(26) JOB
GROWTH
AND
DEVELOPMENT.—The State plan 
shall provide an assurance describing how the State will utilize 
initiatives involving in-demand industry sectors or occupations 
under sections 106(c) and 108 of the Workforce Innovation 
and Opportunity Act to increase competitive integrated employ-
ment opportunities for individuals with disabilities.’’. 
(b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) is amended 
to read as follows: 
‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The State plan 
for vocational rehabilitation services shall be subject to— 
‘‘(1) subsection (c) of section 102 of the Workforce Innova-
tion and Opportunity Act, in a case in which that plan is 
a portion of the unified State plan described in that section 
102; and
H. R. 803—225 
‘‘(2) subsection (b), and paragraphs (1), (2), and (3) of sub-
section (c), of section 103 of such Act in a case in which 
that State plan for vocational rehabilitation services is a portion 
of the combined State plan described in that section 103.’’. 
(c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is amended 
by adding at the end the following: 
‘‘(c) CONSTRUCTION.—Nothing in this part shall be construed 
to reduce the obligation under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.) of a local educational agency 
or any other agency to provide or pay for any transition services 
that are also considered special education or related services and 
that are necessary for ensuring a free appropriate public education 
to children with disabilities within the State involved.’’. 
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT. 
(a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘is an’’ and 
inserting ‘‘has undergone an assessment for determining 
eligibility and vocational rehabilitation needs and as a 
result has been determined to be an’’; 
(B) in subparagraph (B), by striking ‘‘or regain employ-
ment.’’ and inserting ‘‘advance in, or regain employment 
that is consistent with the individual’s strengths, resources, 
priorities, concerns, abilities, capabilities, interests, and 
informed choice.’’; and 
(C) by adding at the end the following: ‘‘For purposes 
of an assessment for determining eligibility and vocational 
rehabilitation needs under this Act, an individual shall 
be presumed to have a goal of an employment outcome.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in the subparagraph header, by striking ‘‘DEM-
ONSTRATION’’ and inserting ‘‘APPLICANTS’’; and 
(ii) by striking ‘‘, unless’’ and all that follows and 
inserting a period; and 
(B) in subparagraph (B)— 
(i) in the subparagraph header, by striking 
‘‘METHODS’’ and inserting ‘‘RESPONSIBILITIES’’; 
(ii) in the first sentence— 
(I) by striking ‘‘In making the demonstration 
required under subparagraph (A),’’ and inserting 
‘‘Prior to determining under this subsection that 
an applicant described in subparagraph (A) is 
unable to benefit due to the severity of the individ-
ual’s disability or that the individual is ineligible 
for vocational rehabilitation services,’’; and 
(II) by striking ‘‘, except under’’ and all that 
follows and inserting a period; and 
(iii) in the second sentence, by striking ‘‘individual 
or to determine’’ and all that follows and inserting 
‘‘individual. In providing the trial experiences, the des-
ignated State unit shall provide the individual with 
the opportunity to try different employment experi-
ences, including supported employment, and the oppor-
tunity to become employed in competitive integrated 
employment.’’;
H. R. 803—226 
(3) in paragraph (3)(A)(ii), by striking ‘‘outcome from’’ and 
all that follows and inserting ‘‘outcome due to the severity 
of the individual’s disability (as of the date of the determina-
tion).’’; and 
(4) in paragraph (5)— 
(A) in the matter preceding subparagraph (A)— 
(i) by striking ‘‘If an individual’’ and inserting ‘‘If, 
after the designated State unit carries out the activities 
described in paragraph (2)(B), a review of existing data, 
and, to the extent necessary, the assessment activities 
described in section 7(2)(A)(ii), an individual’’; and 
(ii) by striking ‘‘title is determined’’ and all that 
follows through ‘‘not to be’’ and inserting ‘‘title is deter-
mined not to be’’; 
(B) by redesignating subparagraphs (A) through (D) 
as subparagraphs (B) through (E), respectively; 
(C) by inserting before subparagraph (B), as redesig-
nated by subparagraph (B) of this paragraph, the following: 
‘‘(A) the ineligibility determination shall be an individ-
ualized one, based on the available data, and shall not 
be based on assumptions about broad categories of disabil-
ities;’’; and 
(D) in clause (i) of subparagraph (C), as redesignated 
by subparagraph (B) of this paragraph, by inserting after 
‘‘determination’’ the following: ‘‘, including the clear and 
convincing evidence that forms the basis for the determina-
tion of ineligibility’’. 
(b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR EMPLOY-
MENT, AND RELATED INFORMATION.—Section 102(b) (29 U.S.C. 
722(b)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘, to the extent determined to be appro-
priate by the eligible individual,’’; and 
(B) by inserting ‘‘or, as appropriate, a disability 
advocacy organization’’ after ‘‘counselor’’; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; 
(3) by inserting after paragraph (1) the following: 
‘‘(2) INDIVIDUALS DESIRING TO ENTER THE WORKFORCE.— 
For an individual entitled to benefits under title II or XVI 
of the Social Security Act (42 U.S.C. 401 et seq., 1381 et 
seq.) on the basis of a disability or blindness, the designated 
State unit shall provide to the individual general information 
on additional supports and assistance for individuals with 
disabilities desiring to enter the workforce, including assistance 
with benefits planning.’’; 
(4) in paragraph (3), as redesignated by paragraph (2) 
of this subsection— 
(A) in subparagraph (E)— 
(i) in clause (i), by striking ‘‘and’’ at the end; 
(ii) in clause (ii), by striking the period and 
inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(iii) amended, as necessary, to include the 
postemployment services and service providers that 
are necessary for the individual to maintain or regain 
employment, consistent with the individual’s strengths,
H. R. 803—227 
resources, priorities, concerns, abilities, capabilities, 
interests, and informed choice.’’; and 
(B) by adding at the end the following: 
‘‘(F) TIMEFRAME FOR COMPLETING THE INDIVIDUALIZED 
PLAN
FOR
EMPLOYMENT.—The individualized plan for 
employment shall be developed as soon as possible, but 
not later than a deadline of 90 days after the date of 
the determination of eligibility described in paragraph (1), 
unless the designated State unit and the eligible individual 
agree to an extension of that deadline to a specific date 
by which the individualized plan for employment shall 
be completed.’’; and 
(5) in paragraph (4), as redesignated by paragraph (2) 
of this subsection— 
(A) in subparagraph (A), by striking ‘‘choice of the’’ 
and all that follows and inserting ‘‘choice of the eligible 
individual, consistent with the general goal of competitive 
integrated employment (except that in the case of an 
eligible individual who is a student, the description may 
be a description of the student’s projected postschool 
employment outcome);’’; 
(B) in subparagraph (B)(i)— 
(i) by redesignating subclause (II) as subclause 
(III); and 
(ii) by striking subclause (I) and inserting the fol-
lowing: 
‘‘(I) needed to achieve the employment outcome, 
including, as appropriate— 
‘‘(aa) the provision of assistive technology 
devices and assistive technology services (including 
referrals described in section 103(a)(3) to the 
device reutilization programs and demonstrations 
described in subparagraphs (B) and (D) of section 
4(e)(2) of the Assistive Technology Act of 1998 
(29 U.S.C. 3003(e)(2)) through agreements devel-
oped under section 101(a)(11)(I); and 
‘‘(bb) personal assistance services (including 
training in the management of such services); 
‘‘(II) in the case of a plan for an eligible individual 
that is a student, the specific transition services and 
supports needed to achieve the student’s employment 
outcome or projected postschool employment outcome; 
and’’; 
(C) in subparagraph (F), by striking ‘‘and’’ at the end; 
(D) in subparagraph (G), by striking the period and 
inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(H) for an individual who also is receiving assistance 
from an employment network under the Ticket to Work 
and Self-Sufficiency Program established under section 
1148 of the Social Security Act (42 U.S.C. 1320b–19), a 
description of how responsibility for service delivery will 
be divided between the employment network and the des-
ignated State unit.’’. 
(c) 
PROCEDURES.—Section 
102(c) 
(29 
U.S.C. 
722(c)) 
is 
amended—
H. R. 803—228 
(1) in paragraph (1), by adding at the end the following: 
‘‘The procedures shall allow an applicant or an eligible indi-
vidual the opportunity to request mediation, an impartial due 
process hearing, or both procedures.’’; 
(2) in paragraph (2)(A)— 
(A) in clause (ii), by striking ‘‘and’’ at the end; 
(B) in clause (iii), by striking the period and inserting 
‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) any applicable State limit on the time by 
which a request for mediation under paragraph (4) 
or a hearing under paragraph (5) shall be made, and 
any required procedure by which the request shall 
be made.’’; and 
(3) in paragraph (5)— 
(A) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) OFFICER.—A due process hearing described in 
paragraph (2) shall be conducted by an impartial hearing 
officer who, on reviewing the evidence presented, shall 
issue a written decision based on the provisions of the 
approved State plan, requirements specified in this Act 
(including regulations implementing this Act), and State 
regulations and policies that are consistent with the Fed-
eral requirements specified in this title. The officer shall 
provide the written decision to the applicant or eligible 
individual, or, as appropriate, the applicant’s representa-
tive or individual’s representative, and to the designated 
State unit. The impartial hearing officer shall have the 
authority to render a decision and require actions regarding 
the applicant’s or eligible individual’s vocational rehabilita-
tion services under this title.’’; and 
(B) in subparagraph (B), by striking ‘‘in laws’’ and 
inserting ‘‘about Federal laws’’. 
SEC. 414. VOCATIONAL REHABILITATION SERVICES. 
Section 103 (29 U.S.C. 723) is amended— 
(1) in subsection (a)— 
(A) in paragraph (13), by striking ‘‘workforce invest-
ment system’’ and inserting ‘‘workforce development 
system’’; 
(B) by striking paragraph (15) and inserting the fol-
lowing: 
‘‘(15) transition services for students with disabilities, that 
facilitate the transition from school to postsecondary life, such 
as achievement of an employment outcome in competitive 
integrated employment, or pre-employment transition serv-
ices;’’; 
(C) by redesignating paragraphs (17) and (18) as para-
graphs (19) and (20), respectively; and 
(D) by inserting after paragraph (16) the following: 
‘‘(17) customized employment; 
‘‘(18) encouraging qualified individuals who are eligible 
to receive services under this title to pursue advanced training 
in a science, technology, engineering, or mathematics (including 
computer science) field, medicine, law, or business;’’. 
(2) in subsection (b)—
H. R. 803—229 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(A)’’; and 
(II) by striking the second sentence and 
inserting ‘‘Such programs shall be used to provide 
services described in this section that promote 
integration into the community and that prepare 
individuals 
with 
disabilities 
for 
competitive 
integrated 
employment, 
including 
supported 
employment and customized employment.’’; and 
(ii) by striking subparagraph (B); 
(B) by striking paragraph (5) and inserting the fol-
lowing: 
‘‘(5) Technical assistance to businesses that are seeking 
to employ individuals with disabilities.’’; and 
(C) by striking paragraph (6) and inserting the fol-
lowing: 
‘‘(6) Consultation and technical assistance services to assist 
State educational agencies and local educational agencies in 
planning for the transition of students with disabilities from 
school to postsecondary life, including employment. 
‘‘(7) Transition services to youth with disabilities and stu-
dents with disabilities, for which a vocational rehabilitation 
counselor works in concert with educational agencies, providers 
of job training programs, providers of services under the Med-
icaid program under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.), entities designated by the State to provide 
services for individuals with developmental disabilities, centers 
for independent living (as defined in section 702), housing and 
transportation authorities, workforce development systems, and 
businesses and employers. 
‘‘(8) The establishment, development, or improvement of 
assistive technology demonstration, loan, reutilization, or 
financing programs in coordination with activities authorized 
under the Assistive Technology Act of 1998 (29 U.S.C. 3001 
et seq.) to promote access to assistive technology for individuals 
with disabilities and employers. 
‘‘(9) Support (including, as appropriate, tuition) for 
advanced training in a science, technology, engineering, or 
mathematics (including computer science) field, medicine, law, 
or business, provided after an individual eligible to receive 
services under this title, demonstrates— 
‘‘(A) such eligibility; 
‘‘(B) previous completion of a bachelor’s degree program 
at an institution of higher education or scheduled comple-
tion of such degree program prior to matriculating in the 
program for which the individual proposes to use the sup-
port; and 
‘‘(C) acceptance by a program at an institution of higher 
education in the United States that confers a master’s 
degree in a science, technology, engineering, or mathe-
matics (including computer science) field, a juris doctor 
degree, a master of business administration degree, or a 
doctor of medicine degree,
H. R. 803—230 
except that the limitations of subsection (a)(5) that apply to 
training services shall apply to support described in this para-
graph, and nothing in this paragraph shall prevent any des-
ignated State unit from providing similar support to individuals 
with disabilities within the State who are eligible to receive 
support under this title and who are not served under this 
paragraph.’’. 
SEC. 415. STATE REHABILITATION COUNCIL. 
Section 105 (29 U.S.C. 725) is amended— 
(1) in subsection (b)(1)(A)— 
(A) by striking clause (ix) and inserting the following: 
‘‘(ix) in a State in which one or more projects 
are funded under section 121, at least one representa-
tive of the directors of the projects located in such 
State;’’; and 
(B) in clause (xi), by striking ‘‘State workforce invest-
ment board’’ and inserting ‘‘State workforce development 
board’’; and 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘State workforce investment board’’ and inserting ‘‘State 
workforce development board’’; and 
(B) in paragraph (6), by striking ‘‘Service Act’’ and 
all that follows and inserting ‘‘Service Act (42 U.S.C. 300x– 
3(a)) and the State workforce development board, and with 
the activities of entities carrying out programs under the 
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);’’. 
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS. 
Section 106 (29 U.S.C. 726) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) STANDARDS AND INDICATORS.—The evaluation stand-
ards and performance indicators for the vocational rehabilita-
tion program carried out under this title shall be subject to 
the performance accountability provisions described in section 
116(b) of the Workforce Innovation and Opportunity Act. 
‘‘(2) ADDITIONAL
PERFORMANCE
ACCOUNTABILITY
INDICA-
TORS.—A State may establish and provide information on addi-
tional performance accountability indicators, which shall be 
identified in the State plan submitted under section 101.’’; 
and 
(2) in subsection (b)(2)(B)(i), by striking ‘‘review the pro-
gram’’ and all that follows through ‘‘request the State’’ and 
inserting ‘‘on a biannual basis, review the program improve-
ment efforts of the State and, if the State has not improved 
its performance to acceptable levels, as determined by the 
Commissioner, direct the State’’. 
SEC. 417. MONITORING AND REVIEW. 
(a) IN GENERAL.—Section 107 (29 U.S.C. 727) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)(E), by inserting before the period 
the following: ‘‘, including personnel of a client assistance 
program under section 112, and past or current recipients 
of vocational rehabilitation services’’; and 
(B) in paragraph (4)—
H. R. 803—231 
(i) by striking subparagraphs (A) and (B) and 
inserting the following: 
‘‘(A) the eligibility process, including the process related 
to the determination of ineligibility under section 102(a)(5); 
‘‘(B) the provision of services, including supported 
employment services and pre-employment transition serv-
ices, and, if applicable, the order of selection;’’; 
(ii) in subparagraph (C), by striking ‘‘and’’ at the 
end; 
(iii) by redesignating subparagraph (D) as subpara-
graph (E); and 
(iv) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) data reported under section 101(a)(10)(C)(i); and’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘and’’ at the end; 
(B) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) provide technical assistance to programs under this 
title to— 
‘‘(A) promote high-quality employment outcomes for 
individuals with disabilities; 
‘‘(B) integrate veterans who are individuals with 
disabilities into their communities and to support the vet-
erans to obtain and retain competitive integrated employ-
ment; 
‘‘(C) develop, improve, and disseminate information on 
procedures, practices, and strategies, including for the 
preparation of personnel, to better enable individuals with 
intellectual disabilities and other individuals with disabil-
ities to participate in postsecondary educational experi-
ences and to obtain and retain competitive integrated 
employment; and 
‘‘(D) apply evidence-based findings to facilitate systemic 
improvements in the transition of youth with disabilities 
to postsecondary life.’’. 
(b) TECHNICAL AMENDMENT.—Section 108(a) (29 U.S.C. 728(a)) 
is amended by striking ‘‘part B of title VI’’ and inserting ‘‘title 
VI’’. 
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS. 
Section 109 (29 U.S.C. 728a) is amended to read as follows: 
‘‘SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS. 
‘‘A State may expend payments received under section 111 
to educate and provide services to employers who have hired or 
are interested in hiring individuals with disabilities under programs 
carried out under this title, including— 
‘‘(1) providing training and technical assistance to 
employers regarding the employment of individuals with 
disabilities, including disability awareness, and the require-
ments of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.) and other employment-related laws; 
‘‘(2) working with employers to— 
‘‘(A) provide opportunities for work-based learning 
experiences (including internships, short-term employment,
H. R. 803—232 
apprenticeships, and fellowships), and opportunities for 
pre-employment transition services; 
‘‘(B) recruit qualified applicants who are individuals 
with disabilities; 
‘‘(C) train employees who are individuals with disabil-
ities; and 
‘‘(D) promote awareness of disability-related obstacles 
to continued employment; 
‘‘(3) providing consultation, technical assistance, and sup-
port to employers on workplace accommodations, assistive tech-
nology, and facilities and workplace access through collabora-
tion with community partners and employers, across States 
and nationally, to enable the employers to recruit, job match, 
hire, and retain qualified individuals with disabilities who are 
recipients of vocational rehabilitation services under this title, 
or who are applicants for such services; and 
‘‘(4) assisting employers with utilizing available financial 
support for hiring or accommodating individuals with disabil-
ities.’’. 
SEC. 419. STATE ALLOTMENTS. 
Section 110 (29 U.S.C. 730) is amended— 
(1) in subsection (a)(1), by striking ‘‘Subject to the provi-
sions of subsection (c)’’ and inserting ‘‘Subject to the provisions 
of subsections (c) and (d),’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘1987’’ and inserting 
‘‘2015’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and all that follows 
through ‘‘(B)’’ and inserting ‘‘Secretary,’’; and 
(ii) by striking ‘‘2000 through 2003’’ and inserting 
‘‘2015 through 2020’’; and 
(3) by adding at the end the following: 
‘‘(d)(1) From any State allotment under subsection (a) for a 
fiscal year, the State shall reserve not less than 15 percent of 
the allotted funds for the provision of pre-employment transition 
services. 
‘‘(2) Such reserved funds shall not be used to pay for the 
administrative costs of providing pre-employment transition serv-
ices.’’. 
SEC. 420. PAYMENTS TO STATES. 
Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended— 
(1) by striking ‘‘For fiscal year 1994 and each fiscal year 
thereafter, the’’ and inserting ‘‘The’’; 
(2) by striking ‘‘this title for the previous’’ and inserting 
‘‘this title for any previous’’; and 
(3) by striking ‘‘year preceding the previous’’ and inserting 
‘‘year preceding that previous’’. 
SEC. 421. CLIENT ASSISTANCE PROGRAM. 
Section 112 (29 U.S.C. 732) is amended— 
(1) in subsection (a), in the first sentence, by inserting 
‘‘including under sections 113 and 511,’’ after ‘‘all available 
benefits under this Act,’’; 
(2) in subsection (b), by striking ‘‘not later than October 
1, 1984,’’;
H. R. 803—233 
(3) in subsection (e)(1)— 
(A) in subparagraph (A), by striking ‘‘The Secretary 
shall allot’’ and inserting ‘‘After reserving funds under sub-
paragraphs (E) and (F), the Secretary shall allot the 
remainder of’’; and 
(B) by adding at the end the following: 
‘‘(E)(i) The Secretary shall reserve funds appropriated under 
subsection (h) to make a grant to the protection and advocacy 
system serving the American Indian Consortium to provide services 
in accordance with this section. The amount of such a grant shall 
be the same amount as is provided to a territory under this sub-
section. 
‘‘(ii) In this subparagraph: 
‘‘(I) The term ‘American Indian Consortium’ has the 
meaning given the term in section 102 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
15002). 
‘‘(II) The term ‘protection and advocacy system’ means a 
protection and advocacy system established under subtitle C 
of title I of the Developmental Disabilities Assistance and Bill 
of Rights Act of 2000 (42 U.S.C. 15041 et seq.). 
‘‘(F) For any fiscal year for which the amount appropriated 
under subsection (h) equals or exceeds $14,000,000, the Secretary 
may reserve not less than 1.8 percent and not more than 2.2 
percent of such amount to provide a grant for training and technical 
assistance for the programs established under this section. Such 
training and technical assistance shall be coordinated with activities 
provided under section 509(c)(1)(A).’’; and 
(4) by striking subsection (h) and inserting the following: 
‘‘(h) There are authorized to be appropriated to carry out the 
provisions of this section— 
‘‘(1) $12,000,000 for fiscal year 2015; 
‘‘(2) $12,927,000 for fiscal year 2016; 
‘‘(3) $13,195,000 for fiscal year 2017; 
‘‘(4) $13,488,000 for fiscal year 2018; 
‘‘(5) $13,805,000 for fiscal year 2019; and 
‘‘(6) $14,098,000 for fiscal year 2020.’’. 
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES. 
Part B of title I (29 U.S.C. 730 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES. 
‘‘(a) IN GENERAL.—From the funds reserved under section 
110(d), and any funds made available from State, local, or private 
funding sources, each State shall ensure that the designated State 
unit, in collaboration with the local educational agencies involved, 
shall provide, or arrange for the provision of, pre-employment 
transition services for all students with disabilities in need of such 
services who are eligible or potentially eligible for services under 
this title. 
‘‘(b) REQUIRED ACTIVITIES.—Funds available under subsection 
(a) shall be used to make available to students with disabilities 
described in subsection (a)— 
‘‘(1) job exploration counseling; 
‘‘(2) work-based learning experiences, which may include 
in-school or after school opportunities, or experience outside 
the traditional school setting (including internships), that is
H. R. 803—234 
provided in an integrated environment to the maximum extent 
possible; 
‘‘(3) counseling on opportunities for enrollment in com-
prehensive transition or postsecondary educational programs 
at institutions of higher education; 
‘‘(4) workplace readiness training to develop social skills 
and independent living; and 
‘‘(5) instruction in self-advocacy, which may include peer 
mentoring. 
‘‘(c) AUTHORIZED ACTIVITIES.—Funds available under subsection 
(a) and remaining after the provision of the required activities 
described in subsection (b) may be used to improve the transition 
of students with disabilities described in subsection (a) from school 
to postsecondary education or an employment outcome by— 
‘‘(1) implementing effective strategies to increase the likeli-
hood of independent living and inclusion in communities and 
competitive integrated workplaces; 
‘‘(2) developing and improving strategies for individuals 
with intellectual disabilities and individuals with significant 
disabilities to live independently, participate in postsecondary 
education experiences, and obtain and retain competitive 
integrated employment; 
‘‘(3) providing instruction to vocational rehabilitation coun-
selors, school transition personnel, and other persons sup-
porting students with disabilities; 
‘‘(4) disseminating information about innovative, effective, 
and efficient approaches to achieve the goals of this section; 
‘‘(5) coordinating activities with transition services provided 
by local educational agencies under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.); 
‘‘(6) applying evidence-based findings to improve policy, 
procedure, practice, and the preparation of personnel, in order 
to better achieve the goals of this section; 
‘‘(7) developing model transition demonstration projects; 
‘‘(8) establishing or supporting multistate or regional part-
nerships involving States, local educational agencies, des-
ignated State units, developmental disability agencies, private 
businesses, or other participants to achieve the goals of this 
section; and 
‘‘(9) disseminating information and strategies to improve 
the transition to postsecondary activities of individuals who 
are members of traditionally unserved populations. 
‘‘(d) PRE-EMPLOYMENT TRANSITION COORDINATION.—Each local 
office of a designated State unit shall carry out responsibilities 
consisting of— 
‘‘(1) attending individualized education program meetings 
for students with disabilities, when invited; 
‘‘(2) working with the local workforce development boards, 
one-stop centers, and employers to develop work opportunities 
for students with disabilities, including internships, summer 
employment and other employment opportunities available 
throughout the school year, and apprenticeships; 
‘‘(3) work with schools, including those carrying out activi-
ties under section 614(d)(1)(A)(i)(VIII) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to 
coordinate and ensure the provision of pre-employment transi-
tion services under this section; and
H. R. 803—235 
‘‘(4) 
when 
invited, 
attend 
person-centered 
planning 
meetings for individuals receiving services under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.). 
‘‘(e) NATIONAL PRE-EMPLOYMENT TRANSITION COORDINATION.— 
The Secretary shall support designated State agencies providing 
services under this section, highlight best State practices, and con-
sult with other Federal agencies to advance the goals of this section. 
‘‘(f) SUPPORT.—In carrying out this section, States shall address 
the transition needs of all students with disabilities, including 
such students with physical, sensory, intellectual, and mental 
health disabilities.’’. 
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES. 
Section 121 (29 U.S.C. 741) is amended— 
(1) in subsection (a), in the first sentence, by inserting 
before the period the following: ‘‘(referred to in this section 
as ‘eligible individuals’), consistent with such eligible individ-
uals’ 
strengths, 
resources, 
priorities, 
concerns, 
abilities, 
capabilities, interests, and informed choice, so that such individ-
uals may prepare for, and engage in, high-quality employment 
that will increase opportunities for economic self-sufficiency’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (B), by striking ‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) contains assurances that— 
‘‘(i) all decisions affecting eligibility for vocational 
rehabilitation services, the nature and scope of avail-
able vocational rehabilitation services and the provi-
sion of such services will, consistent with this title, 
be made by a representative of the tribal vocational 
rehabilitation program funded through the grant; and 
‘‘(ii) such decisions will not be delegated to another 
agency or individual.’’; 
(3) by redesignating subsection (c) as subsection (d); and 
(4) by inserting after subsection (b) the following: 
‘‘(c)(1) From the funds appropriated and made available to 
carry out this part for any fiscal year, beginning with fiscal year 
2015, the Commissioner shall first reserve not less than 1.8 percent 
and not more than 2 percent of the funds to provide training 
and technical assistance to governing bodies described in subsection 
(a) for such fiscal year. 
‘‘(2) From the funds reserved under paragraph (1), the Commis-
sioner shall make grants to, or enter into contracts or other coopera-
tive agreements with, entities that have experience in the operation 
of vocational rehabilitation services programs under this section 
to provide such training and technical assistance with respect to 
developing, conducting, administering, and evaluating such pro-
grams. 
‘‘(3) The Commissioner shall conduct a survey of the governing 
bodies regarding training and technical assistance needs in order 
to determine funding priorities for such grants, contracts, or 
cooperative agreements. 
‘‘(4) To be eligible to receive a grant or enter into a contract 
or cooperative agreement under this section, such an entity shall 
submit an application to the Commissioner at such time, in such