H. R. 803—96 
allocations under subsection (b)(2)(B) for all eligible local 
areas in the State for such program year. 
(4) ELIGIBILITY.—For purposes of this subsection, an 
eligible local area means— 
(A) with respect to funds allocated through a local 
allocation for adult employment and training activities, 
a local area that does not have an amount of such funds 
available for reallocation under paragraph (2) for the pro-
gram year for which the determination under paragraph 
(2) is made; and 
(B) with respect to funds allocated through a local 
allocation for dislocated worker employment and training 
activities, a local area that does not have an amount of 
such funds available for reallocation under paragraph (2) 
for the program year for which the determination under 
paragraph (2) is made. 
SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVI-
TIES. 
(a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.— 
(1) IN GENERAL.—Funds reserved by a Governor— 
(A) as described in section 133(a)(2) shall be used to 
carry out the statewide rapid response activities described 
in paragraph (2)(A); and 
(B) as described in sections 128(a) and 133(a)(1)— 
(i) shall be used to carry out the statewide employ-
ment and training activities described in paragraph 
(2)(B); and 
(ii) may be used to carry out any of the statewide 
employment and training activities described in para-
graph (3), 
regardless of whether the funds were allotted to the State 
under section 127(b)(1) or under paragraph (1) or (2) of 
section 132(b). 
(2) REQUIRED
STATEWIDE
EMPLOYMENT
AND
TRAINING 
ACTIVITIES.— 
(A) STATEWIDE RAPID RESPONSE ACTIVITIES.— 
(i) IN GENERAL.—A State shall carry out statewide 
rapid response activities using funds reserved by the 
Governor for the State under section 133(a)(2), which 
activities shall include— 
(I) provision of rapid response activities, car-
ried out in local areas by the State or by an entity 
designated by the State, working in conjunction 
with the local boards and the chief elected officials 
for the local areas; and 
(II) provision of additional assistance to local 
areas that experience disasters, mass layoffs, or 
plant closings, or other events that precipitate 
substantial increases in the number of unemployed 
individuals, carried out in local areas by the State, 
working in conjunction with the local boards and 
the chief elected officials for the local areas. 
(ii) USE OF UNOBLIGATED FUNDS.—Funds reserved 
by a Governor under section 133(a)(2), and section 
133(a)(2) of the Workforce Investment Act of 1998 (as 
in effect on the day before the date of enactment of
H. R. 803—97 
this Act), to carry out this subparagraph that remain 
unobligated after the first program year for which such 
funds were allotted may be used by the Governor to 
carry 
out 
statewide 
activities 
authorized 
under 
subparagraph (B) or paragraph (3)(A), in addition to 
activities under this subparagraph. 
(B) STATEWIDE
EMPLOYMENT
AND
TRAINING
ACTIVI-
TIES.—Funds reserved by a Governor under sections 
128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) 
(regardless of whether the funds were allotted to the States 
under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) 
of section 132(b)) shall be used for statewide employment 
and training activities, including— 
(i) providing assistance to— 
(I) State entities and agencies, local areas, 
and one-stop partners in carrying out the activities 
described in the State plan, including the coordina-
tion and alignment of data systems used to carry 
out the requirements of this Act; 
(II) local areas for carrying out the regional 
planning and service delivery efforts required 
under section 106(c); 
(III) local areas by providing information on 
and support for the effective development, con-
vening, and implementation of industry or sector 
partnerships; and 
(IV) local areas, one-stop operators, one-stop 
partners, and eligible providers, including the 
development and training of staff, which may 
include the development and training of staff to 
provide opportunities for individuals with barriers 
to employment to enter in-demand industry sectors 
or occupations and nontraditional occupations, the 
development of exemplary program activities, and 
the provision of technical assistance to local areas 
that fail to meet local performance accountability 
measures described in section 116(c); 
(ii) providing assistance to local areas as described 
in section 106(b)(6); 
(iii) operating a fiscal and management account-
ability information system in accordance with section 
116(i); 
(iv) carrying out monitoring and oversight of activi-
ties carried out under this chapter and chapter 2; 
(v) disseminating— 
(I) the State list of eligible providers of 
training services, including eligible providers of 
nontraditional training services and eligible pro-
viders of apprenticeship programs described in sec-
tion 122(a)(2)(B); 
(II) information identifying eligible providers 
of on-the-job training, customized training, incum-
bent worker training, internships, paid or unpaid 
work experience opportunities, or transitional jobs; 
(III) information on effective outreach to, part-
nerships with, and services for, business;
H. R. 803—98 
(IV) information on effective service delivery 
strategies to serve workers and job seekers; 
(V) performance information and information 
on the cost of attendance (including tuition and 
fees) for participants in applicable programs, as 
described in subsections (d) and (h) of section 122; 
and 
(VI) 
information 
on 
physical 
and 
pro-
grammatic accessibility, in accordance with section 
188, if applicable, and the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.), for 
individuals with disabilities; and 
(vi) conducting evaluations under section 116(e) 
of activities authorized under this chapter and chapter 
2 in coordination with evaluations carried out by the 
Secretary under section 169(a). 
(3) ALLOWABLE
STATEWIDE
EMPLOYMENT
AND
TRAINING 
ACTIVITIES.— 
(A) IN GENERAL.—Funds reserved by a Governor under 
sections 128(a)(1) and 133(a)(1) and not used under para-
graph (1)(A) or (2)(B) (regardless of whether the funds 
were allotted to the State under section 127(b)(1)(C) or 
paragraph (1)(B) or (2)(B) of section 132(b)) may be used 
to carry out additional statewide employment and training 
activities, which may include— 
(i) implementing innovative programs and strate-
gies designed to meet the needs of all employers 
(including small employers) in the State, which pro-
grams and strategies may include incumbent worker 
training programs, customized training, sectoral and 
industry cluster strategies and implementation of 
industry or sector partnerships, career pathway pro-
grams, microenterprise and entrepreneurial training 
and support programs, utilization of effective business 
intermediaries, layoff aversion strategies, activities to 
improve linkages between the one-stop delivery system 
in the State and all employers (including small 
employers) in the State, and other business services 
and strategies that better engage employers in 
workforce 
investment 
activities 
and 
make 
the 
workforce development system more relevant to the 
needs of State and local businesses, consistent with 
the objectives of this title; 
(ii) developing strategies for effectively serving 
individuals with barriers to employment and for coordi-
nating programs and services among one-stop partners; 
(iii) the development or identification of education 
and training programs that respond to real-time labor 
market analysis, that utilize direct assessment and 
prior learning assessment to measure and provide 
credit for prior knowledge, skills, competencies, and 
experiences, that evaluate such skills and competencies 
for adaptability, that ensure credits are portable and 
stackable for more skilled employment, and that accel-
erate course or credential completion;
H. R. 803—99 
(iv) implementing programs to increase the 
number of individuals training for and placed in non-
traditional employment; 
(v) carrying out activities to facilitate remote 
access to services, including training services described 
in subsection (c)(3), provided through a one-stop 
delivery system, including facilitating access through 
the use of technology; 
(vi) supporting the provision of career services 
described in subsection (c)(2) in the one-stop delivery 
systems in the State; 
(vii) coordinating activities with the child welfare 
system to facilitate provision of services for children 
and youth who are eligible for assistance under section 
477 of the Social Security Act (42 U.S.C. 677); 
(viii) activities— 
(I) to improve coordination of workforce invest-
ment activities with economic development activi-
ties; 
(II) to improve coordination of employment 
and training activities with— 
(aa) child support services, and assistance 
provided by State and local agencies carrying 
out part D of title IV of the Social Security 
Act (42 U.S.C. 651 et seq.); 
(bb) cooperative extension programs car-
ried out by the Department of Agriculture; 
(cc) programs carried out in local areas 
for individuals with disabilities, including pro-
grams carried out by State agencies relating 
to intellectual disabilities and developmental 
disabilities, activities carried out by Statewide 
Independent 
Living 
Councils 
established 
under section 705 of the Rehabilitation Act 
of 1973 (29 U.S.C. 796d), programs funded 
under part B of chapter 1 of title VII of such 
Act (29 U.S.C. 796e et seq.), and activities 
carried out by centers for independent living, 
as defined in section 702 of such Act (29 U.S.C. 
796a); 
(dd) adult education and literacy activi-
ties, including those provided by public 
libraries; 
(ee) activities in the corrections system 
that assist ex-offenders in reentering the 
workforce; and 
(ff) financial literacy activities including 
those described in section 129(b)(2)(D); and 
(III) consisting of development and dissemina-
tion of workforce and labor market information; 
(ix) 
conducting 
research 
and 
demonstration 
projects related to meeting the employment and edu-
cation needs of adult and dislocated workers; 
(x) implementing promising services for workers 
and businesses, which may include providing support 
for education, training, skill upgrading, and statewide 
networking 
for 
employees 
to 
become 
workplace
H. R. 803—100 
learning advisors and maintain proficiency in carrying 
out the activities associated with such advising; 
(xi) providing incentive grants to local areas for 
performance by the local areas on local performance 
accountability measures described in section 116(c); 
(xii) adopting, calculating, or commissioning for 
approval an economic self-sufficiency standard for the 
State that specifies the income needs of families, by 
family size, the number and ages of children in the 
family, and substate geographical considerations; 
(xiii) developing and disseminating common intake 
procedures and related items, including registration 
processes, materials, or software; and 
(xiv) providing technical assistance to local areas 
that are implementing pay-for-performance contract 
strategies, which technical assistance may include pro-
viding assistance with data collection, meeting data 
entry requirements, identifying levels of performance, 
and conducting evaluations of such strategies. 
(B) LIMITATION.— 
(i) IN GENERAL.—Of the funds allotted to a State 
under sections 127(b) and 132(b) and reserved as 
described in sections 128(a) and 133(a)(1) for a fiscal 
year— 
(I) not more than 5 percent of the amount 
allotted under section 127(b)(1); 
(II) not more than 5 percent of the amount 
allotted under section 132(b)(1); and 
(III) not more than 5 percent of the amount 
allotted under section 132(b)(2), 
may be used by the State for the administration of 
statewide youth workforce investment activities carried 
out under section 129 and statewide employment and 
training activities carried out under this section. 
(ii) USE
OF
FUNDS.—Funds made available for 
administrative costs under clause (i) may be used for 
the administrative cost of any of the statewide youth 
workforce investment activities or statewide employ-
ment and training activities, regardless of whether 
the funds were allotted to the State under section 
127(b)(1) or paragraph (1) or (2) of section 132(b). 
(b) LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—Funds allo-
cated to a local area for adults under paragraph (2)(A) or (3), 
as appropriate, of section 133(b), and funds allocated to a local 
area for dislocated workers under section 133(b)(2)(B)— 
(1) shall be used to carry out employment and training 
activities described in subsection (c) for adults or dislocated 
workers, respectively; and 
(2) may be used to carry out employment and training 
activities described in subsection (d) for adults or dislocated 
workers, respectively. 
(c) REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.— 
(1) IN GENERAL.— 
(A) ALLOCATED FUNDS.—Funds allocated to a local area 
for adults under paragraph (2)(A) or (3), as appropriate, 
of section 133(b), and funds allocated to the local area
H. R. 803—101 
for dislocated workers under section 133(b)(2)(B), shall be 
used— 
(i) to establish a one-stop delivery system described 
in section 121(e); 
(ii) to provide the career services described in para-
graph (2) to adults and dislocated workers, respec-
tively, through the one-stop delivery system in accord-
ance with such paragraph; 
(iii) to provide training services described in para-
graph (3) to adults and dislocated workers, respec-
tively, described in such paragraph; 
(iv) to establish and develop relationships and net-
works with large and small employers and their inter-
mediaries; and 
(v) to develop, convene, or implement industry or 
sector partnerships. 
(B) OTHER FUNDS.—Consistent with subsections (h) and 
(i) of section 121, a portion of the funds made available 
under Federal law authorizing the programs and activities 
described in section 121(b)(1)(B), including the Wagner- 
Peyser Act (29 U.S.C. 49 et seq.), shall be used as described 
in clauses (i) and (ii) of subparagraph (A), to the extent 
not inconsistent with the Federal law involved. 
(2) CAREER SERVICES.— 
(A) SERVICES
PROVIDED.—Funds described in para-
graph (1) shall be used to provide career services, which 
shall be available to individuals who are adults or dis-
located workers through the one-stop delivery system and 
shall, at a minimum, include— 
(i) determinations of whether the individuals are 
eligible to receive assistance under this subtitle; 
(ii) outreach, intake (which may include worker 
profiling), and orientation to the information and other 
services available through the one-stop delivery 
system; 
(iii) initial assessment of skill levels (including 
literacy, numeracy, and English language proficiency), 
aptitudes, abilities (including skills gaps), and sup-
portive service needs; 
(iv) labor exchange services, including— 
(I) job search and placement assistance and, 
in 
appropriate 
cases, 
career 
counseling, 
including— 
(aa) provision of information on in-demand 
industry sectors and occupations; and 
(bb) provision of information on nontradi-
tional employment; and 
(II) appropriate recruitment and other busi-
ness services on behalf of employers, including 
small employers, in the local area, which services 
may include services described in this subsection, 
such as providing information and referral to 
specialized business services not traditionally 
offered through the one-stop delivery system; 
(v) provision of referrals to and coordination of 
activities with other programs and services, including 
programs and services within the one-stop delivery
H. R. 803—102 
system and, in appropriate cases, other workforce 
development programs; 
(vi) provision of workforce and labor market 
employment statistics information, including the provi-
sion of accurate information relating to local, regional, 
and national labor market areas, including— 
(I) job vacancy listings in such labor market 
areas; 
(II) information on job skills necessary to 
obtain the jobs described in subclause (I); and 
(III) information relating to local occupations 
in demand and the earnings, skill requirements, 
and opportunities for advancement for such 
occupations; and 
(vii) provision of performance information and pro-
gram cost information on eligible providers of training 
services as described in section 122, provided by pro-
gram, and eligible providers of youth workforce invest-
ment activities described in section 123, providers of 
adult education described in title II, providers of career 
and technical education activities at the postsecondary 
level, and career and technical education activities 
available to school dropouts, under the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 U.S.C. 
2301 et seq.), and providers of vocational rehabilitation 
services described in title I of the Rehabilitation Act 
of 1973 (29 U.S.C. 720 et seq.); 
(viii) provision of information, in formats that are 
usable by and understandable to one-stop center cus-
tomers, regarding how the local area is performing 
on the local performance accountability measures 
described in section 116(c) and any additional perform-
ance information with respect to the one-stop delivery 
system in the local area; 
(ix)(I) provision of information, in formats that 
are usable by and understandable to one-stop center 
customers, relating to the availability of supportive 
services or assistance, including child care, child sup-
port, medical or child health assistance under title 
XIX or XXI of the Social Security Act (42 U.S.C. 1396 
et seq. and 1397aa et seq.), benefits under the supple-
mental nutrition assistance program established under 
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.), assistance through the earned income tax 
credit under section 32 of the Internal Revenue Code 
of 1986, and assistance under a State program for 
temporary assistance for needy families funded under 
part A of title IV of the Social Security Act (42 U.S.C. 
601 et seq.) and other supportive services and transpor-
tation provided through funds made available under 
such part, available in the local area; and 
(II) referral to the services or assistance described 
in subclause (I), as appropriate; 
(x) 
provision 
of 
information 
and 
assistance 
regarding filing claims for unemployment compensa-
tion;
H. R. 803—103 
(xi) assistance in establishing eligibility for pro-
grams of financial aid assistance for training and edu-
cation programs that are not funded under this Act; 
(xii) services, if determined to be appropriate in 
order for an individual to obtain or retain employment, 
that consist of— 
(I) comprehensive and specialized assessments 
of the skill levels and service needs of adults and 
dislocated workers, which may include— 
(aa) diagnostic testing and use of other 
assessment tools; and 
(bb) in-depth interviewing and evaluation 
to identify employment barriers and appro-
priate employment goals; 
(II) development of an individual employment 
plan, to identify the employment goals, appropriate 
achievement objectives, and appropriate combina-
tion of services for the participant to achieve the 
employment goals, including providing information 
on eligible providers of training services pursuant 
to paragraph (3)(F)(ii), and career pathways to 
attain career objectives; 
(III) group counseling; 
(IV) individual counseling; 
(V) career planning; 
(VI) 
short-term 
prevocational 
services, 
including development of learning skills, commu-
nication skills, interviewing skills, punctuality, 
personal maintenance skills, and professional con-
duct, to prepare individuals for unsubsidized 
employment or training; 
(VII) internships and work experiences that 
are linked to careers; 
(VIII) workforce preparation activities; 
(IX) financial literacy services, such as the 
activities described in section 129(b)(2)(D); 
(X) out-of-area job search assistance and 
relocation assistance; or 
(XI) 
English 
language 
acquisition 
and 
integrated education and training programs; and 
(xiii) 
followup 
services, 
including 
counseling 
regarding the workplace, for participants in workforce 
investment activities authorized under this subtitle 
who are placed in unsubsidized employment, for not 
less than 12 months after the first day of the employ-
ment, as appropriate. 
(B) USE OF PREVIOUS ASSESSMENTS.—A one-stop oper-
ator or one-stop partner shall not be required to conduct 
a new interview, evaluation, or assessment of a participant 
under subparagraph (A)(xii) if the one-stop operator or 
one-stop partner determines that it is appropriate to use 
a recent interview, evaluation, or assessment of the partici-
pant conducted pursuant to another education or training 
program. 
(C) DELIVERY
OF
SERVICES.—The career services 
described in subparagraph (A) shall be provided through 
the one-stop delivery system—
H. R. 803—104 
(i) directly through one-stop operators identified 
pursuant to section 121(d); or 
(ii) through contracts with service providers, which 
may include contracts with public, private for-profit, 
and private nonprofit service providers, approved by 
the local board. 
(3) TRAINING SERVICES.— 
(A) IN GENERAL.— 
(i) ELIGIBILITY.—Except as provided in clause (ii), 
funds allocated to a local area for adults under para-
graph (2)(A) or (3), as appropriate, of section 133(b), 
and funds allocated to the local area for dislocated 
workers under section 133(b)(2)(B), shall be used to 
provide training services to adults and dislocated 
workers, respectively— 
(I) who, after an interview, evaluation, or 
assessment, and career planning, have been deter-
mined by a one-stop operator or one-stop partner, 
as appropriate, to— 
(aa) be unlikely or unable to obtain or 
retain employment, that leads to economic 
self-sufficiency or wages comparable to or 
higher than wages from previous employment, 
through the career services described in para-
graph (2)(A)(xii); 
(bb) be in need of training services to 
obtain or retain employment that leads to eco-
nomic self-sufficiency or wages comparable to 
or higher than wages from previous employ-
ment; and 
(cc) have the skills and qualifications to 
successfully participate in the selected pro-
gram of training services; 
(II) who select programs of training services 
that are directly linked to the employment 
opportunities in the local area or the planning 
region, or in another area to which the adults 
or dislocated workers are willing to commute or 
relocate; 
(III) who meet the requirements of subpara-
graph (B); and 
(IV) who are determined to be eligible in 
accordance with the priority system in effect under 
subparagraph (E). 
(ii) USE OF PREVIOUS ASSESSMENTS.—A one-stop 
operator or one-stop partner shall not be required to 
conduct a new interview, evaluation, or assessment 
of a participant under clause (i) if the one-stop operator 
or one-stop partner determines that it is appropriate 
to use a recent interview, evaluation, or assessment 
of the participant conducted pursuant to another edu-
cation or training program. 
(iii) RULE
OF
CONSTRUCTION.—Nothing in this 
subparagraph shall be construed to mean an individual 
is required to receive career services prior to receiving 
training services. 
(B) QUALIFICATION.—
H. R. 803—105 
(i) REQUIREMENT.—Notwithstanding section 479B 
of the Higher Education Act of 1965 (20 U.S.C. 1087uu) 
and except as provided in clause (ii), provision of such 
training services shall be limited to individuals who— 
(I) are unable to obtain other grant assistance 
for such services, including Federal Pell Grants 
established under subpart 1 of part A of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 
1070a et seq.); or 
(II) require assistance beyond the assistance 
made available under other grant assistance pro-
grams, including Federal Pell Grants. 
(ii) REIMBURSEMENTS.—Training services may be 
provided under this paragraph to an individual who 
otherwise meets the requirements of this paragraph 
while an application for a Federal Pell Grant is 
pending, except that if such individual is subsequently 
awarded a Federal Pell Grant, appropriate reimburse-
ment shall be made to the local area from such Federal 
Pell Grant. 
(iii) CONSIDERATION.—In determining whether an 
individual requires assistance under clause (i)(II), a 
one-stop operator (or one-stop partner, where appro-
priate) may take into consideration the full cost of 
participating in training services, including the costs 
of dependent care and transportation, and other appro-
priate costs. 
(C) PROVIDER QUALIFICATION.—Training services shall 
be provided through providers identified in accordance with 
section 122. 
(D) 
TRAINING
SERVICES.—Training 
services 
may 
include— 
(i) occupational skills training, including training 
for nontraditional employment; 
(ii) on-the-job training; 
(iii) incumbent worker training in accordance with 
subsection (d)(4); 
(iv) programs that combine workplace training 
with related instruction, which may include cooperative 
education programs; 
(v) training programs operated by the private 
sector; 
(vi) skill upgrading and retraining; 
(vii) entrepreneurial training; 
(viii) transitional jobs in accordance with sub-
section (d)(5); 
(ix) job readiness training provided in combination 
with services described in any of clauses (i) through 
(viii); 
(x) 
adult 
education 
and 
literacy 
activities, 
including activities of English language acquisition and 
integrated education and training programs, provided 
concurrently or in combination with services described 
in any of clauses (i) through (vii); and 
(xi) customized training conducted with a commit-
ment by an employer or group of employers to employ
H. R. 803—106 
an individual upon successful completion of the 
training. 
(E) PRIORITY.—With respect to funds allocated to a 
local area for adult employment and training activities 
under paragraph (2)(A) or (3) of section 133(b), priority 
shall be given to recipients of public assistance, other low- 
income individuals, and individuals who are basic skills 
deficient for receipt of career services described in para-
graph (2)(A)(xii) and training services. The appropriate 
local board and the Governor shall direct the one-stop 
operators in the local area with regard to making deter-
minations related to such priority. 
(F) CONSUMER CHOICE REQUIREMENTS.— 
(i) IN GENERAL.—Training services provided under 
this paragraph shall be provided in a manner that 
maximizes consumer choice in the selection of an 
eligible provider of such services. 
(ii) 
ELIGIBLE
PROVIDERS.—Each 
local 
board, 
through one-stop centers, shall make available the list 
of eligible providers of training services described in 
section 122(d), and accompanying information, in 
accordance with section 122(d). 
(iii) INDIVIDUAL
TRAINING
ACCOUNTS.—An indi-
vidual who seeks training services and who is eligible 
pursuant to subparagraph (A), may, in consultation 
with a career planner, select an eligible provider of 
training services from the list of providers described 
in clause (ii). Upon such selection, the one-stop operator 
involved shall, to the extent practicable, refer such 
individual to the eligible provider of training services, 
and arrange for payment for such services through 
an individual training account. 
(iv) 
COORDINATION.—Each 
local 
board 
may, 
through one-stop centers, coordinate funding for indi-
vidual training accounts with funding from other Fed-
eral, State, local, or private job training programs or 
sources to assist the individual in obtaining training 
services. 
(v) ADDITIONAL INFORMATION.—Priority consider-
ation shall, consistent with clause (i), be given to pro-
grams that lead to recognized postsecondary creden-
tials that are aligned with in-demand industry sectors 
or occupations in the local area involved. 
(G) USE OF INDIVIDUAL TRAINING ACCOUNTS.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
training services provided under this paragraph shall 
be provided through the use of individual training 
accounts in accordance with this paragraph, and shall 
be provided to eligible individuals through the one- 
stop delivery system. 
(ii) 
TRAINING
CONTRACTS.—Training 
services 
authorized under this paragraph may be provided 
pursuant to a contract for services in lieu of an indi-
vidual training account if— 
(I) the requirements of subparagraph (F) are 
met;
H. R. 803—107 
(II) such services are on-the-job training, cus-
tomized training, incumbent worker training, or 
transitional employment; 
(III) the local board determines there are an 
insufficient number of eligible providers of training 
services in the local area involved (such as in 
a rural area) to accomplish the purposes of a 
system of individual training accounts; 
(IV) the local board determines that there is 
a training services program of demonstrated 
effectiveness offered in the local area by a commu-
nity-based 
organization 
or 
another 
private 
organization to serve individuals with barriers to 
employment; 
(V) the local board determines that— 
(aa) it would be most appropriate to award 
a contract to an institution of higher education 
or other eligible provider of training services 
in order to facilitate the training of multiple 
individuals in in-demand industry sectors or 
occupations; and 
(bb) such contract does not limit customer 
choice; or 
(VI) the contract is a pay-for-performance con-
tract. 
(iii) LINKAGE
TO
OCCUPATIONS
IN
DEMAND.— 
Training services provided under this paragraph shall 
be directly linked to an in-demand industry sector 
or occupation in the local area or the planning region, 
or in another area to which an adult or dislocated 
worker receiving such services is willing to relocate, 
except that a local board may approve training services 
for occupations determined by the local board to be 
in sectors of the economy that have a high potential 
for sustained demand or growth in the local area. 
(iv) RULE
OF
CONSTRUCTION.—Nothing in this 
paragraph shall be construed to preclude the combined 
use of individual training accounts and contracts in 
the provision of training services, including arrange-
ments that allow individuals receiving individual 
training accounts to obtain training services that are 
contracted for under clause (ii). 
(H) REIMBURSEMENT FOR ON-THE-JOB TRAINING.— 
(i) REIMBURSEMENT LEVEL.—For purposes of the 
provision of on-the-job training under this paragraph, 
the Governor or local board involved may increase 
the amount of the reimbursement described in section 
3(44) to an amount of up to 75 percent of the wage 
rate of a participant for a program carried out under 
chapter 2 or this chapter, if, respectively— 
(I) the Governor approves the increase with 
respect to a program carried out with funds 
reserved by the State under that chapter, taking 
into account the factors described in clause (ii); 
or
H. R. 803—108 
(II) the local board approves the increase with 
respect to a program carried out with funds allo-
cated to a local area under such chapter, taking 
into account those factors. 
(ii) FACTORS.—For purposes of clause (i), the Gov-
ernor or local board, respectively, shall take into 
account factors consisting of— 
(I) the characteristics of the participants; 
(II) the size of the employer; 
(III) the quality of employer-provided training 
and advancement opportunities; and 
(IV) such other factors as the Governor or 
local board, respectively, may determine to be 
appropriate, which may include the number of 
employees participating in the training, wage and 
benefit levels of those employees (at present and 
anticipated upon completion of the training), and 
relation of the training to the competitiveness of 
a participant. 
(d) PERMISSIBLE LOCAL EMPLOYMENT
AND TRAINING ACTIVI-
TIES.— 
(1) IN GENERAL.— 
(A) ACTIVITIES.—Funds allocated to a local area for 
adults under paragraph (2)(A) or (3), as appropriate, of 
section 133(b), and funds allocated to the local area for 
dislocated workers under section 133(b)(2)(B), may be used 
to provide, through the one-stop delivery system involved 
(and through collaboration with the local board, for the 
purpose of the activities described in clauses (vii) and (ix))— 
(i) customized screening and referral of qualified 
participants in training services described in subsection 
(c)(3) to employers; 
(ii) customized employment-related services to 
employers, employer associations, or other such 
organizations on a fee-for-service basis; 
(iii) implementation of a pay-for-performance con-
tract strategy for training services, for which the local 
board may reserve and use not more than 10 percent 
of the total funds allocated to the local area under 
paragraph (2) or (3) of section 133(b); 
(iv) customer support to enable individuals with 
barriers to employment (including individuals with 
disabilities) and veterans, to navigate among multiple 
services and activities for such populations; 
(v) technical assistance for one-stop operators, one- 
stop partners, and eligible providers of training serv-
ices, regarding the provision of services to individuals 
with disabilities in local areas, including the develop-
ment and training of staff, the provision of outreach, 
intake, assessments, and service delivery, the coordina-
tion of services across providers and programs, and 
the development of performance accountability meas-
ures; 
(vi) employment and training activities provided 
in coordination with— 
(I) child support enforcement activities of the 
State and local agencies carrying out part D of
H. R. 803—109 
title IV of the Social Security Act (42 U.S.C. 651 
et seq.); 
(II) child support services, and assistance, pro-
vided by State and local agencies carrying out 
part D of title IV of the Social Security Act (42 
U.S.C. 651 et seq.); 
(III) cooperative extension programs carried 
out by the Department of Agriculture; and 
(IV) activities to facilitate remote access to 
services provided through a one-stop delivery 
system, including facilitating access through the 
use of technology; 
(vii) activities— 
(I) to improve coordination between workforce 
investment activities and economic development 
activities carried out within the local area involved, 
and to promote entrepreneurial skills training and 
microenterprise services; 
(II) to improve services and linkages between 
the local workforce investment system (including 
the local one-stop delivery system) and employers, 
including small employers, in the local area, 
through services described in this section; and 
(III) to strengthen linkages between the one- 
stop delivery system and unemployment insurance 
programs; 
(viii) training programs for displaced homemakers 
and for individuals training for nontraditional occupa-
tions, in conjunction with programs operated in the 
local area; 
(ix) activities to provide business services and 
strategies that meet the workforce investment needs 
of area employers, as determined by the local board, 
consistent with the local plan under section 108, which 
services— 
(I) may be provided through effective business 
intermediaries working in conjunction with the 
local board, and may also be provided on a fee- 
for-service basis or through the leveraging of eco-
nomic development, philanthropic, and other 
public and private resources in a manner deter-
mined appropriate by the local board; and 
(II) may include— 
(aa) 
developing 
and 
implementing 
industry sector strategies (including strategies 
involving industry partnerships, regional skills 
alliances, industry skill panels, and sectoral 
skills partnerships); 
(bb) developing and delivering innovative 
workforce investment services and strategies 
for area employers, which may include career 
pathways, skills upgrading, skill standard 
development and certification for recognized 
postsecondary credential or other employer 
use, apprenticeship, and other effective initia-
tives for meeting the workforce investment 
needs of area employers and workers;
H. R. 803—110 
(cc) assistance to area employers in man-
aging reductions in force in coordination with 
rapid response activities provided under sub-
section (a)(2)(A) and with strategies for the 
aversion of layoffs, which strategies may 
include early identification of firms at risk 
of layoffs, use of feasibility studies to assess 
the needs of and options for at-risk firms, and 
the delivery of employment and training 
activities to address risk factors; and 
(dd) the marketing of business services 
offered under this title, to appropriate area 
employers, including small and mid-sized 
employers; 
(x) activities to adjust the economic self-sufficiency 
standards referred to in subsection (a)(3)(A)(xii) for 
local factors, or activities to adopt, calculate, or 
commission for approval, economic self-sufficiency 
standards for the local areas that specify the income 
needs of families, by family size, the number and ages 
of children in the family, and substate geographical 
considerations; 
(xi) improved coordination between employment 
and training activities and programs carried out in 
the local area for individuals with disabilities, 
including programs carried out by State agencies 
relating to intellectual disabilities and developmental 
disabilities, activities carried out by Statewide Inde-
pendent Living Councils established under section 705 
of the Rehabilitation Act of 1973 (29 U.S.C. 796d), 
programs funded under part B of chapter 1 of title 
VII of such Act (29 U.S.C. 796e et seq.), and activities 
carried out by centers for independent living, as defined 
in section 702 of such Act (29 U.S.C. 796a); and 
(xii) implementation of promising services to 
workers and businesses, which may include support 
for education, training, skill upgrading, and statewide 
networking 
for 
employees 
to 
become 
workplace 
learning advisors and maintain proficiency in carrying 
out the activities associated with such advising. 
(B) 
WORK
SUPPORT
ACTIVITIES
FOR
LOW-WAGE 
WORKERS.— 
(i) IN GENERAL.—Funds allocated to a local area 
for adults under paragraph (2)(A) or (3), as appropriate, 
of section 133(b), and funds allocated to the local area 
for dislocated workers under section 133(b)(2)(B), may 
be used to provide, through the one-stop delivery 
system involved, work support activities designed to 
assist low-wage workers in retaining and enhancing 
employment. The one-stop partners of the system shall 
coordinate the appropriate programs and resources of 
the partners with the activities and resources provided 
under this subparagraph. 
(ii) 
ACTIVITIES.—The 
work 
support 
activities 
described in clause (i) may include the provision of 
activities described in this section through the one- 
stop delivery system in a manner that enhances the
H. R. 803—111 
opportunities of such workers to participate in the 
activities, such as the provision of activities described 
in this section during nontraditional hours and the 
provision of onsite child care while such activities are 
being provided. 
(2) SUPPORTIVE SERVICES.—Funds allocated to a local area 
for adults under paragraph (2)(A) or (3), as appropriate, of 
section 133(b), and funds allocated to the local area for dis-
located workers under section 133(b)(2)(B), may be used to 
provide supportive services to adults and dislocated workers, 
respectively— 
(A) who are participating in programs with activities 
authorized in paragraph (2) or (3) of subsection (c); and 
(B) who are unable to obtain such supportive services 
through other programs providing such services. 
(3) NEEDS-RELATED PAYMENTS.— 
(A) IN GENERAL.—Funds allocated to a local area for 
adults under paragraph (2)(A) or (3), as appropriate, of 
section 133(b), and funds allocated to the local area for 
dislocated workers under section 133(b)(2)(B), may be used 
to provide needs-related payments to adults and dislocated 
workers, respectively, who are unemployed and do not 
qualify for (or have ceased to qualify for) unemployment 
compensation for the purpose of enabling such individuals 
to participate in programs of training services under sub-
section (c)(3). 
(B) ADDITIONAL ELIGIBILITY REQUIREMENTS.—In addi-
tion to the requirements contained in subparagraph (A), 
a dislocated worker who has ceased to qualify for unemploy-
ment compensation may be eligible to receive needs-related 
payments under this paragraph only if such worker was 
enrolled in the training services— 
(i) by the end of the 13th week after the most 
recent layoff that resulted in a determination of the 
worker’s eligibility for employment and training activi-
ties for dislocated workers under this subtitle; or 
(ii) if later, by the end of the 8th week after the 
worker is informed that a short-term layoff will exceed 
6 months. 
(C) LEVEL OF PAYMENTS.—The level of a needs-related 
payment made to a dislocated worker under this paragraph 
shall not exceed the greater of— 
(i) the applicable level of unemployment compensa-
tion; or 
(ii) if such worker did not qualify for unemploy-
ment compensation, an amount equal to the poverty 
line, for an equivalent period, which amount shall be 
adjusted to reflect changes in total family income. 
(4) INCUMBENT WORKER TRAINING PROGRAMS.— 
(A) IN GENERAL.— 
(i) STANDARD RESERVATION OF FUNDS.—The local 
board may reserve and use not more than 20 percent 
of the funds allocated to the local area involved under 
section 133(b) to pay for the Federal share of the 
cost of providing training through a training program 
for incumbent workers, carried out in accordance with 
this paragraph.
H. R. 803—112 
(ii) DETERMINATION OF ELIGIBILITY.—For the pur-
pose of determining the eligibility of an employer to 
receive funding under clause (i), the local board shall 
take into account factors consisting of— 
(I) the characteristics of the participants in 
the program; 
(II) the relationship of the training to the 
competitiveness of a participant and the employer; 
and 
(III) such other factors as the local board may 
determine to be appropriate, which may include 
the number of employees participating in the 
training, the wage and benefit levels of those 
employees (at present and anticipated upon 
completion of the training), and the existence of 
other training and advancement opportunities pro-
vided by the employer. 
(iii) STATEWIDE IMPACT.—The Governor or State 
board involved may make recommendations to the local 
board for providing incumbent worker training that 
has statewide impact. 
(B) TRAINING ACTIVITIES.—The training program for 
incumbent workers carried out under this paragraph shall 
be carried out by the local board in conjunction with the 
employers or groups of employers of such workers (which 
may include employers in partnership with other entities 
for the purposes of delivering training) for the purpose 
of assisting such workers in obtaining the skills necessary 
to retain employment or avert layoffs. 
(C) EMPLOYER
PAYMENT
OF
NON-FEDERAL
SHARE.— 
Employers participating in the program carried out under 
this paragraph shall be required to pay for the non-Federal 
share of the cost of providing the training to incumbent 
workers of the employers. 
(D) NON-FEDERAL SHARE.— 
(i) FACTORS.—Subject to clause (ii), the local board 
shall establish the non-Federal share of such cost 
(taking into consideration such other factors as the 
number of employees participating in the training, the 
wage and benefit levels of the employees (at the begin-
ning and anticipated upon completion of the training), 
the relationship of the training to the competitiveness 
of the employer and employees, and the availability 
of other employer-provided training and advancement 
opportunities. 
(ii) LIMITS.—The non-Federal share shall not be 
less than— 
(I) 10 percent of the cost, for employers with 
not more than 50 employees; 
(II) 25 percent of the cost, for employers with 
more than 50 employees but not more than 100 
employees; and 
(III) 50 percent of the cost, for employers with 
more than 100 employees. 
(iii) CALCULATION OF EMPLOYER SHARE.—The non- 
Federal share provided by an employer participating 
in the program may include the amount of the wages
H. R. 803—113 
paid by the employer to a worker while the worker 
is attending a training program under this paragraph. 
The employer may provide the share in cash or in 
kind, fairly evaluated. 
(5) TRANSITIONAL JOBS.—The local board may use not more 
than 10 percent of the funds allocated to the local area involved 
under section 133(b) to provide transitional jobs under sub-
section (c)(3) that— 
(A) are time-limited work experiences that are sub-
sidized and are in the public, private, or nonprofit sectors 
for individuals with barriers to employment who are chron-
ically unemployed or have an inconsistent work history; 
(B) are combined with comprehensive employment and 
supportive services; and 
(C) are designed to assist the individuals described 
in subparagraph (A) to establish a work history, dem-
onstrate success in the workplace, and develop the skills 
that lead to entry into and retention in unsubsidized 
employment. 
CHAPTER 4—GENERAL WORKFORCE INVESTMENT 
PROVISIONS 
SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 
(a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—There are 
authorized to be appropriated to carry out the activities described 
in section 127(a), $820,430,000 for fiscal year 2015, $883,800,000 
for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 
for fiscal year 2018, $943,828,000 for fiscal year 2019, and 
$963,837,000 for fiscal year 2020. 
(b) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.—There are 
authorized to be appropriated to carry out the activities described 
in section 132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 
for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 
for fiscal year 2018, $881,303,000 for fiscal year 2019, and 
$899,987,000 for fiscal year 2020. 
(c) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVI-
TIES.—There are authorized to be appropriated to carry out the 
activities described in section 132(a)(2), $1,222,457,000 for fiscal 
year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for 
fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 
for fiscal year 2019, and $1,436,137,000 for fiscal year 2020. 
Subtitle C—Job Corps 
SEC. 141. PURPOSES. 
The purposes of this subtitle are— 
(1) to maintain a national Job Corps program, carried 
out in partnership with States and communities, to— 
(A) assist eligible youth to connect to the labor force 
by providing them with intensive social, academic, career 
and technical education, and service-learning opportunities, 
in primarily residential centers, in order for such youth 
to obtain secondary school diplomas or recognized postsec-
ondary credentials leading to—
H. R. 803—114 
(i) successful careers, in in-demand industry sec-
tors or occupations or the Armed Forces, that will 
result in economic self-sufficiency and opportunities 
for advancement; or 
(ii) 
enrollment 
in 
postsecondary 
education, 
including an apprenticeship program; and 
(B) support responsible citizenship; 
(2) to set forth standards and procedures for selecting 
individuals as enrollees in the Job Corps; 
(3) to authorize the establishment of Job Corps centers 
in which enrollees will participate in intensive programs of 
activities described in this subtitle; and 
(4) to prescribe various other powers, duties, and respon-
sibilities incident to the operation and continuing development 
of the Job Corps. 
SEC. 142. DEFINITIONS. 
In this subtitle: 
(1) APPLICABLE LOCAL BOARD.—The term ‘‘applicable local 
board’’ means a local board— 
(A) that provides information for a Job Corps center 
on local employment opportunities and the job skills needed 
to obtain the opportunities; and 
(B) that serves communities in which the graduates 
of the Job Corps center seek employment. 
(2) APPLICABLE ONE-STOP CENTER.—The term ‘‘applicable 
one-stop center’’ means a one-stop center that provides services, 
such as referral, assessment, recruitment, and placement, to 
support the purposes of the Job Corps. 
(3) ENROLLEE.—The term ‘‘enrollee’’ means an individual 
who has voluntarily applied for, been selected for, and enrolled 
in the Job Corps program, and remains with the program, 
but has not yet become a graduate. 
(4) FORMER ENROLLEE.—The term ‘‘former enrollee’’ means 
an individual who has voluntarily applied for, been selected 
for, and enrolled in the Job Corps program, but left the program 
prior to becoming a graduate. 
(5) GRADUATE.—The term ‘‘graduate’’ means an individual 
who has voluntarily applied for, been selected for, and enrolled 
in the Job Corps program and who, as a result of participation 
in the Job Corps program, has received a secondary school 
diploma or recognized equivalent, or completed the require-
ments of a career and technical education and training program 
that prepares individuals for employment leading to economic 
self-sufficiency or entrance into postsecondary education or 
training. 
(6) JOB CORPS.—The term ‘‘Job Corps’’ means the Job Corps 
described in section 143. 
(7) JOB CORPS CENTER.—The term ‘‘Job Corps center’’ means 
a center described in section 147. 
(8) OPERATOR.—The term ‘‘operator’’ means an entity 
selected under this subtitle to operate a Job Corps center. 
(9) REGION.—The term ‘‘region’’ means an area defined 
by the Secretary. 
(10) SERVICE
PROVIDER.—The term ‘‘service provider’’ 
means an entity selected under this subtitle to provide services 
described in this subtitle to a Job Corps center.
H. R. 803—115 
SEC. 143. ESTABLISHMENT. 
There shall be within the Department of Labor a ‘‘Job Corps’’. 
SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 
(a) IN GENERAL.—To be eligible to become an enrollee, an 
individual shall be— 
(1) not less than age 16 and not more than age 21 on 
the date of enrollment, except that— 
(A) not more than 20 percent of the individuals enrolled 
in the Job Corps may be not less than age 22 and not 
more than age 24 on the date of enrollment; and 
(B) either such maximum age limitation may be waived 
by the Secretary, in accordance with regulations of the 
Secretary, in the case of an individual with a disability; 
(2) a low-income individual; and 
(3) an individual who is one or more of the following: 
(A) Basic skills deficient. 
(B) A school dropout. 
(C) A homeless individual (as defined in section 
41403(6) of the Violence Against Women Act of 1994 (42 
U.S.C. 14043e–2(6))), a homeless child or youth (as defined 
in section 725(2) of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11434a(2))), a runaway, an individual 
in foster care, or an individual who was in foster care 
and has aged out of the foster care system. 
(D) A parent. 
(E) An individual who requires additional education, 
career and technical education or training, or workforce 
preparation skills to be able to obtain and retain employ-
ment that leads to economic self-sufficiency. 
(b) SPECIAL
RULE
FOR
VETERANS.—Notwithstanding the 
requirement of subsection (a)(2), a veteran shall be eligible to 
become an enrollee under subsection (a) if the individual— 
(1) meets the requirements of paragraphs (1) and (3) of 
such subsection; and 
(2) does not meet the requirement of subsection (a)(2) 
because the military income earned by such individual within 
the 6-month period prior to the individual’s application for 
Job Corps prevents the individual from meeting such require-
ment. 
SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT 
OF ENROLLEES. 
(a) STANDARDS AND PROCEDURES.— 
(1) IN
GENERAL.—The Secretary shall prescribe specific 
standards and procedures for the recruitment, screening, and 
selection of eligible applicants for the Job Corps, after consid-
ering recommendations from Governors of States, local boards, 
and other interested parties. 
(2) METHODS.—In prescribing standards and procedures 
under paragraph (1), the Secretary, at a minimum, shall— 
(A) prescribe procedures for informing enrollees that 
drug tests will be administered to the enrollees and the 
results received within 45 days after the enrollees enroll 
in the Job Corps; 
(B) establish standards for recruitment of Job Corps 
applicants;
H. R. 803—116 
(C) establish standards and procedures for— 
(i) determining, for each applicant, whether the 
educational and career and technical education and 
training needs of the applicant can best be met through 
the Job Corps program or an alternative program in 
the community in which the applicant resides; and 
(ii) obtaining from each applicant pertinent data 
relating to background, needs, and interests for deter-
mining eligibility and potential assignment; 
(D) where appropriate, take measures to improve the 
professional capability of the individuals conducting 
screening of the applicants; and 
(E) assure appropriate representation of enrollees from 
urban areas and from rural areas. 
(3) IMPLEMENTATION.—The standards and procedures shall 
be implemented through arrangements with— 
(A) applicable one-stop centers; 
(B) organizations that have a demonstrated record of 
effectiveness in serving at-risk youth and placing such 
youth into employment, including community action agen-
cies, business organizations, or labor organizations; and 
(C) child welfare agencies that are responsible for chil-
dren and youth eligible for benefits and services under 
section 477 of the Social Security Act (42 U.S.C. 677). 
(4) CONSULTATION.—The standards and procedures shall 
provide for necessary consultation with individuals and 
organizations, including court, probation, parole, law enforce-
ment, education, welfare, and medical authorities and advisers. 
(5) REIMBURSEMENT.—The Secretary is authorized to enter 
into contracts with and make payments to individuals and 
organizations for the cost of conducting recruitment, screening, 
and selection of eligible applicants for the Job Corps, as pro-
vided for in this section. The Secretary shall make no payment 
to any individual or organization solely as compensation for 
referring the names of applicants for the Job Corps. 
(b) SPECIAL LIMITATIONS ON SELECTION.— 
(1) IN GENERAL.—No individual shall be selected as an 
enrollee unless the individual or organization implementing 
the standards and procedures described in subsection (a) deter-
mines that— 
(A) there is a reasonable expectation that the indi-
vidual considered for selection can participate successfully 
in group situations and activities, and is not likely to 
engage in behavior that would prevent other enrollees from 
receiving the benefit of the Job Corps program or be 
incompatible with the maintenance of sound discipline and 
satisfactory relationships between the Job Corps center 
to which the individual might be assigned and communities 
surrounding the Job Corps center; 
(B) the individual manifests a basic understanding of 
both the rules to which the individual will be subject and 
of the consequences of failure to observe the rules, and 
agrees to comply with such rules; and 
(C) the individual has passed a background check con-
ducted in accordance with procedures established by the 
Secretary and with applicable State and local laws.
H. R. 803—117 
(2) INDIVIDUALS
ON
PROBATION, PAROLE, OR
SUPERVISED 
RELEASE.—An individual on probation, parole, or supervised 
release may be selected as an enrollee only if release from 
the supervision of the probation or parole official involved is 
satisfactory to the official and the Secretary and does not violate 
applicable laws (including regulations). No individual shall be 
denied a position in the Job Corps solely on the basis of indi-
vidual contact with the criminal justice system except for a 
disqualifying conviction as specified in paragraph (3). 
(3) INDIVIDUALS CONVICTED OF CERTAIN CRIMES.—An indi-
vidual shall not be selected as an enrollee if the individual 
has been convicted of a felony consisting of murder (as described 
in section 1111 of title 18, United States Code), child abuse, 
or a crime involving rape or sexual assault. 
(c) ASSIGNMENT PLAN.— 
(1) IN GENERAL.—Every 2 years, the Secretary shall develop 
and implement a plan for assigning enrollees to Job Corps 
centers. In developing the plan, the Secretary shall, based 
on the analysis described in paragraph (2), establish targets, 
applicable to each Job Corps center, for— 
(A) the maximum attainable percentage of enrollees 
at the Job Corps center that reside in the State in which 
the center is located; and 
(B) the maximum attainable percentage of enrollees 
at the Job Corps center that reside in the region in which 
the center is located, and in surrounding regions. 
(2) ANALYSIS.—In order to develop the plan described in 
paragraph (1), every 2 years the Secretary, in consultation 
with operators of Job Corps centers, shall analyze relevant 
factors relating to each Job Corps center, including— 
(A) the size of the population of individuals eligible 
to participate in Job Corps in the State and region in 
which the Job Corps center is located, and in surrounding 
regions; 
(B) the relative demand for participation in the Job 
Corps in the State and region, and in surrounding regions; 
(C) the capacity and utilization of the Job Corps center, 
including the education, training, and supportive services 
provided through the center; and 
(D) the performance of the Job Corps center relating 
to the expected levels of performance for the indicators 
described in section 159(c)(1), and whether any actions 
have been taken with respect to such center pursuant 
to paragraphs (2) and (3) of section 159(f). 
(d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.— 
(1) IN GENERAL.—After an individual has been selected 
for the Job Corps in accordance with the standards and proce-
dures of the Secretary under subsection (a), the enrollee shall 
be assigned to the Job Corps center that offers the type of 
career and technical education and training selected by the 
individual and, among the centers that offer such education 
and training, is closest to the home of the individual. The 
Secretary may waive this requirement if— 
(A) the enrollee would be unduly delayed in partici-
pating in the Job Corps program because the closest center 
is operating at full capacity; or
H. R. 803—118 
(B) the parent or guardian of the enrollee requests 
assignment of the enrollee to another Job Corps center 
due to circumstances in the community of the enrollee 
that would impair prospects for successful participation 
in the Job Corps program. 
(2) ENROLLEES WHO ARE YOUNGER THAN 18.—An enrollee 
who is younger than 18 shall not be assigned to a Job Corps 
center other than the center closest to the home that offers 
the career and technical education and training desired by 
the enrollee pursuant to paragraph (1) if the parent or guardian 
of the enrollee objects to the assignment. 
SEC. 146. ENROLLMENT. 
(a) RELATIONSHIP
BETWEEN
ENROLLMENT
AND
MILITARY 
OBLIGATIONS.—Enrollment in the Job Corps shall not relieve any 
individual of obligations under the Military Selective Service Act 
(50 U.S.C. App. 451 et seq.). 
(b) PERIOD OF ENROLLMENT.—No individual may be enrolled 
in the Job Corps for more than 2 years, except— 
(1) in a case in which completion of an advanced career 
training program under section 148(c) would require an indi-
vidual to participate in the Job Corps for not more than one 
additional year; 
(2) in the case of an individual with a disability who 
would reasonably be expected to meet the standards for a 
Job Corps graduate, as defined under section 142(5), if allowed 
to participate in the Job Corps for not more than 1 additional 
year; 
(3) in the case of an individual who participates in national 
service, as authorized by a Civilian Conservation Center pro-
gram, who would be granted an enrollment extension in the 
Job Corps for the amount of time equal to the period of national 
service; or 
(4) as the Secretary may authorize in a special case. 
SEC. 147. JOB CORPS CENTERS. 
(a) OPERATORS AND SERVICE PROVIDERS.— 
(1) ELIGIBLE ENTITIES.— 
(A) OPERATORS.—The Secretary shall enter into an 
agreement with a Federal, State, or local agency, an area 
career and technical education school, a residential career 
and technical education school, or a private organization, 
for the operation of each Job Corps center. 
(B) PROVIDERS.—The Secretary may enter into an 
agreement with a local entity, or other entity with the 
necessary capacity, to provide activities described in this 
subtitle to a Job Corps center. 
(2) SELECTION PROCESS.— 
(A) COMPETITIVE BASIS.—Except as provided in sub-
sections (a) and (b) of section 3304 of title 41, United 
States Code, the Secretary shall select on a competitive 
basis an entity to operate a Job Corps center and entities 
to provide activities described in this subtitle to the Job 
Corps center. In developing a solicitation for an operator 
or service provider, the Secretary shall consult with the 
Governor of the State in which the center is located, the 
workforce council for the Job Corps center (if established), 
and the applicable local board regarding the contents of
H. R. 803—119 
such solicitation, including elements that will promote the 
consistency of the activities carried out through the center 
with the objectives set forth in the State plan or in a 
local plan. 
(B) RECOMMENDATIONS AND CONSIDERATIONS.— 
(i) OPERATORS.—In selecting an entity to operate 
a Job Corps center, the Secretary shall consider— 
(I) the ability of the entity to coordinate the 
activities carried out through the Job Corps center 
with activities carried out under the appropriate 
State plan and local plans; 
(II) the ability of the entity to offer career 
and technical education and training that has been 
proposed by the workforce council under section 
154(c), and the degree to which such education 
and training reflects employment opportunities in 
the local areas in which enrollees at the center 
intend to seek employment; 
(III) the degree to which the entity dem-
onstrates relationships with the surrounding 
communities, employers, labor organizations, State 
boards, local boards, applicable one-stop centers, 
and the State and region in which the center is 
located; 
(IV) the performance of the entity, if any, 
relating to operating or providing activities 
described in this subtitle to a Job Corps center, 
including information regarding the entity in any 
reports developed by the Office of Inspector Gen-
eral of the Department of Labor and the entity’s 
demonstrated effectiveness in assisting individuals 
in achieving the primary indicators of performance 
for 
eligible 
youth 
described 
in 
section 
116(b)(2)(A)(ii); and 
(V) the ability of the entity to demonstrate 
a record of successfully assisting at-risk youth to 
connect to the workforce, including providing them 
with intensive academics and career and technical 
education and training. 
(ii) PROVIDERS.—In selecting a service provider for 
a Job Corps center, the Secretary shall consider the 
factors described in clause (i). 
(3) ADDITIONAL
SELECTION
FACTORS.—To be eligible to 
operate a Job Corps center, an entity shall submit to the 
Secretary, at such time and in such manner as the Secretary 
may require, information related to additional selection factors, 
which shall include the following: 
(A) A description of the program activities that will 
be offered at the center and how the academics and career 
and technical education and training reflect State and local 
employment opportunities, including opportunities in in- 
demand industry sectors and occupations recommended by 
the workforce council under section 154(c)(2)(A). 
(B) A description of the counseling, placement, and 
support activities that will be offered at the center, 
including a description of the strategies and procedures 
the entity will use to place graduates into unsubsidized
H. R. 803—120 
employment or education leading to a recognized postsec-
ondary credential upon completion of the program. 
(C) A description of the demonstrated record of 
effectiveness that the entity has in placing at-risk youth 
into employment and postsecondary education, including 
past performance of operating a Job Corps center under 
this subtitle or subtitle C of title I of the Workforce Invest-
ment Act of 1998, and as appropriate, the entity’s dem-
onstrated effectiveness in assisting individuals in achieving 
the indicators of performance for eligible youth described 
in section 116(b)(2)(A)(ii). 
(D) A description of the relationships that the entity 
has developed with State boards, local boards, applicable 
one-stop centers, employers, labor organizations, State and 
local educational agencies, and the surrounding commu-
nities in which the center is located, in an effort to promote 
a comprehensive statewide workforce development system. 
(E) A description of the entity’s ability to coordinate 
the activities carried out through the Job Corps center 
with activities carried out under the appropriate State 
plan and local plans. 
(F) A description of the strong fiscal controls the entity 
has in place to ensure proper accounting of Federal funds, 
and a description of how the entity will meet the require-
ments of section 159(a). 
(G) A description of the steps to be taken to control 
costs in accordance with section 159(a)(3). 
(H) A detailed budget of the activities that will be 
supported using funds under this subtitle and non-Federal 
resources. 
(I) An assurance the entity is licensed to operate in 
the State in which the center is located. 
(J) An assurance the entity will comply with basic 
health and safety codes, which shall include the disciplinary 
measures described in section 152(b). 
(K) Any other information on additional selection fac-
tors that the Secretary may require. 
(b) HIGH-PERFORMING CENTERS.— 
(1) IN
GENERAL.—If an entity meets the requirements 
described in paragraph (2) as applied to a particular Job Corps 
center, such entity shall be allowed to compete in any competi-
tive selection process carried out for an award to operate such 
center. 
(2) HIGH PERFORMANCE.—An entity shall be considered to 
be an operator of a high-performing center if the Job Corps 
center operated by the entity— 
(A) is ranked among the top 20 percent of Job Corps 
centers for the most recent preceding program year; and 
(B) meets the expected levels of performance estab-
lished under section 159(c)(1) and, with respect to each 
of the primary indicators of performance for eligible youth 
described in section 116(b)(2)(A)(ii)— 
(i) for the period of the most recent preceding 
3 program years for which information is available 
at the time the determination is made, achieved an 
average of 100 percent, or higher, of the expected level
H. R. 803—121 
of performance established under section 159(c)(1) for 
the indicator; and 
(ii) for the most recent preceding program year 
for which information is available at the time the deter-
mination is made, achieved 100 percent, or higher, 
of the expected level of performance established under 
such section for the indicator. 
(3) TRANSITION.—If any of the program years described 
in paragraph (2)(B) precedes the implementation of the 
establishment of expected levels of performance under section 
159(c) and the application of the primary indicators of perform-
ance for eligible youth described in section 116(b)(2)(A)(ii), an 
entity shall be considered an operator of a high-performing 
center during that period if the Job Corps center operated 
by the entity— 
(A) meets the requirements of paragraph (2)(B) with 
respect to such preceding program years using the perform-
ance of the Job Corps center regarding the national goals 
or targets established by the Office of the Job Corps under 
the previous performance accountability system for— 
(i) the 6-month follow-up placement rate of grad-
uates in employment, the military, education, or 
training; 
(ii) the 12–month follow-up placement rate of grad-
uates in employment, the military, education, or 
training; 
(iii) the 6-month follow-up average weekly earnings 
of graduates; 
(iv) the rate of attainment of secondary school 
diplomas or their recognized equivalent; 
(v) the rate of attainment of completion certificates 
for career and technical training; 
(vi) average literacy gains; and 
(vii) average numeracy gains; or 
(B) is ranked among the top 5 percent of Job Corps 
centers for the most recent preceding program year. 
(c) CHARACTER
AND ACTIVITIES.—Job Corps centers may be 
residential or nonresidential in character, and shall be designed 
and operated so as to provide enrollees, in a well-supervised setting, 
with access to activities described in this subtitle. In any year, 
no more than 20 percent of the individuals enrolled in the Job 
Corps may be nonresidential participants in the Job Corps. 
(d) CIVILIAN CONSERVATION CENTERS.— 
(1) IN
GENERAL.—The Job Corps centers may include 
Civilian Conservation Centers, operated under an agreement 
between the Secretary of Labor and the Secretary of Agri-
culture, that are located primarily in rural areas. Such centers 
shall provide, in addition to academics, career and technical 
education and training, and workforce preparation skills 
training, programs of work experience to conserve, develop, 
or manage public natural resources or public recreational areas 
or to develop community projects in the public interest. 
(2) ASSISTANCE DURING DISASTERS.—Enrollees in Civilian 
Conservation Centers may provide assistance in addressing 
national, State, and local disasters, consistent with current 
child labor laws (including regulations). The Secretary of Agri-
culture shall ensure that with respect to the provision of such
H. R. 803—122 
assistance the enrollees are properly trained, equipped, super-
vised, and dispatched consistent with standards for the con-
servation and rehabilitation of wildlife established under the 
Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). 
(3) NATIONAL LIAISON.—The Secretary of Agriculture shall 
designate a Job Corps National Liaison to support the agree-
ment under this section between the Departments of Labor 
and Agriculture. 
(e) INDIAN TRIBES.— 
(1) GENERAL AUTHORITY.—The Secretary may enter into 
agreements with Indian tribes to operate Job Corps centers 
for Indians. 
(2) DEFINITIONS.—In this subsection, the terms ‘‘Indian’’ 
and ‘‘Indian tribe’’ have the meanings given such terms in 
subsections (d) and (e), respectively, of section 4 of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450b). 
(f) LENGTH OF AGREEMENT.—The agreement described in sub-
section (a)(1)(A) shall be for not more than a 2-year period. The 
Secretary may exercise any contractual option to renew the agree-
ment in 1-year increments for not more than 3 additional years, 
consistent with the requirements of subsection (g). 
(g) RENEWAL CONDITIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall not renew the terms of an agreement for any 1-year 
additional period described in subsection (f) for an entity to 
operate a particular Job Corps center if, for both of the 2 
most recent preceding program years for which information 
is available at the time the determination is made, or if a 
second program year is not available, the preceding year for 
which information is available, such center— 
(A) has been ranked in the lowest 10 percent of Job 
Corps centers; and 
(B) failed to achieve an average of 50 percent or higher 
of the expected level of performance under section 159(c)(1) 
with respect to each of the primary indicators of perform-
ance for eligible youth described in section 116(b)(2)(A)(ii). 
(2) EXCEPTION.—Notwithstanding paragraph (1), the Sec-
retary may exercise an option to renew the agreement for 
no more than 2 additional years if the Secretary determines 
such renewal would be in the best interest of the Job Corps 
program, taking into account factors including— 
(A) significant improvements in program performance 
in carrying out a performance improvement plan under 
section 159(f)(2); 
(B) that the performance is due to circumstances 
beyond the control of the entity, such as an emergency 
or disaster, as defined in section 170(a)(1); 
(C) a significant disruption in the operations of the 
center, including in the ability to continue to provide serv-
ices to students, or significant increase in the cost of such 
operations; or 
(D) a significant disruption in the procurement process 
with respect to carrying out a competition for the selection 
of a center operator. 
(3) DETAILED EXPLANATION.—If the Secretary exercises an 
option under paragraph (2), the Secretary shall provide, to
H. R. 803—123 
the Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate, a detailed explanation of 
the rationale for exercising such option. 
(4) ADDITIONAL CONSIDERATIONS.—The Secretary shall only 
renew the agreement of an entity to operate a Job Corps 
center if the entity— 
(A) has a satisfactory record of integrity and business 
ethics; 
(B) has adequate financial resources to perform the 
agreement; 
(C) 
has 
the 
necessary 
organization, 
experience, 
accounting and operational controls, and technical skills; 
and 
(D) is otherwise qualified and eligible under applicable 
laws and regulations, including that the contractor is not 
under suspension or debarred from eligibility for Federal 
contracts. 
SEC. 148. PROGRAM ACTIVITIES. 
(a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.— 
(1) IN
GENERAL.—Each Job Corps center shall provide 
enrollees with an intensive, well organized, and fully supervised 
program of education, including English language acquisition 
programs, career and technical education and training, work 
experience, work-based learning, recreational activities, phys-
ical rehabilitation and development, driver’s education, and 
counseling, which may include information about financial lit-
eracy. Each Job Corps center shall provide enrollees assigned 
to the center with access to career services described in clauses 
(i) through (xi) of section 134(c)(2)(A). 
(2) RELATIONSHIP TO OPPORTUNITIES.—The activities pro-
vided under this subsection shall be targeted to helping 
enrollees, on completion of their enrollment— 
(A) secure and maintain meaningful unsubsidized 
employment; 
(B) enroll in and complete secondary education or post-
secondary education or training programs, including other 
suitable career and technical education and training, and 
apprenticeship programs; or 
(C) satisfy Armed Forces requirements. 
(3) LINK TO EMPLOYMENT OPPORTUNITIES.—The career and 
technical education and training provided shall be linked to 
employment opportunities in in-demand industry sectors and 
occupations in the State or local area in which the Job Corps 
center is located and, to the extent practicable, in the State 
or local area in which the enrollee intends to seek employment 
after graduation. 
(b) ACADEMIC AND CAREER AND TECHNICAL EDUCATION AND 
TRAINING.—The Secretary may arrange for career and technical 
education and training of enrollees through local public or private 
educational agencies, career and technical educational institutions, 
technical institutes, or national service providers, whenever such 
entities provide education and training substantially equivalent 
in cost and quality to that which the Secretary could provide 
through other means. 
(c) ADVANCED CAREER TRAINING PROGRAMS.—
H. R. 803—124 
(1) IN GENERAL.—The Secretary may arrange for programs 
of advanced career training for selected enrollees in which 
the enrollees may continue to participate for a period of not 
to exceed 1 year in addition to the period of participation 
to which the enrollees would otherwise be limited. The advanced 
career training may be provided through the eligible providers 
of training services identified under section 122. 
(2) BENEFITS.—During the period of participation in an 
advanced career training program, an enrollee shall be eligible 
for full Job Corps benefits, or a monthly stipend equal to 
the average value of the residential support, food, allowances, 
and other benefits provided to enrollees assigned to residential 
Job Corps centers. 
(3) DEMONSTRATION.—The Secretary shall develop stand-
ards by which any operator seeking to enroll additional 
enrollees in an advanced career training program shall dem-
onstrate, before the operator may carry out such additional 
enrollment, that— 
(A) participants in such program have achieved a satis-
factory rate of completion and placement in training-related 
jobs; and 
(B) for the most recently preceding 2 program years, 
such operator has, on average, met or exceeded the expected 
levels of performance under section 159(c)(1) for each of 
the primary indicators of performance for eligible youth 
described in section 116(b)(2)(A)(ii). 
(d) GRADUATE SERVICES.—In order to promote the retention 
of graduates in employment or postsecondary education, the Sec-
retary shall arrange for the provision of job placement and support 
services to graduates for up to 12 months after the date of gradua-
tion. Multiple resources, including one-stop partners, may support 
the provision of these services, including services from the State 
vocational rehabilitation agency, to supplement job placement and 
job development efforts for Job Corps graduates who are individuals 
with disabilities. 
(e) CHILD CARE.—The Secretary shall, to the extent practicable, 
provide child care at or near Job Corps centers, for individuals 
who require child care for their children in order to participate 
in the Job Corps. 
SEC. 149. COUNSELING AND JOB PLACEMENT. 
(a) ASSESSMENT
AND
COUNSELING.—The Secretary shall 
arrange for assessment and counseling for each enrollee at regular 
intervals to measure progress in the academic and career and 
technical education and training programs carried out through the 
Job Corps. 
(b) PLACEMENT.—The Secretary shall arrange for assessment 
and counseling for enrollees prior to their scheduled graduations 
to determine their capabilities and, based on their capabilities, 
shall place the enrollees in employment leading to economic self- 
sufficiency for which the enrollees are trained or assist the enrollees 
in participating in further activities described in this subtitle. In 
arranging for the placement of graduates in jobs, the Secretary 
shall utilize the one-stop delivery system to the maximum extent 
practicable. 
(c) STATUS AND PROGRESS.—The Secretary shall determine the 
status and progress of enrollees scheduled for graduation and make
H. R. 803—125 
every effort to assure that their needs for further activities described 
in this subtitle are met. 
(d) SERVICES TO FORMER ENROLLEES.—The Secretary may pro-
vide such services as the Secretary determines to be appropriate 
under this subtitle to former enrollees. 
SEC. 150. SUPPORT. 
(a) PERSONAL
ALLOWANCES.—The Secretary may provide 
enrollees assigned to Job Corps centers with such personal allow-
ances as the Secretary may determine to be necessary or appro-
priate to meet the needs of the enrollees. 
(b) TRANSITION ALLOWANCES.—The Secretary shall arrange for 
a transition allowance to be paid to graduates. The transition allow-
ance shall be incentive-based to reflect a graduate’s completion 
of academic, career and technical education or training, and attain-
ment of recognized postsecondary credentials. 
(c) TRANSITION SUPPORT.—The Secretary may arrange for the 
provision of 3 months of employment services for former enrollees. 
SEC. 151. OPERATIONS. 
(a) OPERATING PLAN.—The provisions of the contract between 
the Secretary and an entity selected to operate a Job Corps center 
shall, at a minimum, serve as an operating plan for the Job Corps 
center. 
(b) ADDITIONAL INFORMATION.—The Secretary may require the 
operator, in order to remain eligible to operate the Job Corps 
center, to submit such additional information as the Secretary 
may require, which shall be considered part of the operating plan. 
(c) AVAILABILITY.—The Secretary shall make the operating plan 
described in subsections (a) and (b), excluding any proprietary 
information, available to the public. 
SEC. 152. STANDARDS OF CONDUCT. 
(a) PROVISION AND ENFORCEMENT.—The Secretary shall pro-
vide, and directors of Job Corps centers shall stringently enforce, 
standards of conduct within the centers. Such standards of conduct 
shall include provisions forbidding the actions described in sub-
section (b)(2)(A). 
(b) DISCIPLINARY MEASURES.— 
(1) IN GENERAL.—To promote the proper behavioral stand-
ards in the Job Corps, the directors of Job Corps centers shall 
have the authority to take appropriate disciplinary measures 
against enrollees if such a director determines that an enrollee 
has committed a violation of the standards of conduct. The 
director shall dismiss the enrollee from the Job Corps if the 
director determines that the retention of the enrollee in the 
Job Corps will jeopardize the enforcement of such standards, 
threaten the safety of staff, students, or the local community, 
or diminish the opportunities of other enrollees. 
(2) ZERO TOLERANCE POLICY AND DRUG TESTING.— 
(A) GUIDELINES.—The Secretary shall adopt guidelines 
establishing a zero tolerance policy for an act of violence, 
for use, sale, or possession of a controlled substance, for 
abuse of alcohol, or for other illegal or disruptive activity. 
(B) DRUG TESTING.—The Secretary shall require drug 
testing of all enrollees for controlled substances in accord-
ance with procedures prescribed by the Secretary under 
section 145(a).
H. R. 803—126 
(C) DEFINITIONS.—In this paragraph: 
(i) CONTROLLED SUBSTANCE.—The term ‘‘controlled 
substance’’ has the meaning given the term in section 
102 of the Controlled Substances Act (21 U.S.C. 802). 
(ii) ZERO
TOLERANCE
POLICY.—The term ‘‘zero 
tolerance policy’’ means a policy under which an 
enrollee shall be automatically dismissed from the Job 
Corps after a determination by the director that the 
enrollee has carried out an action described in subpara-
graph (A). 
(c) APPEAL.—A disciplinary measure taken by a director under 
this section shall be subject to expeditious appeal in accordance 
with procedures established by the Secretary. 
SEC. 153. COMMUNITY PARTICIPATION. 
(a) BUSINESS
AND COMMUNITY PARTICIPATION.—The director 
of each Job Corps center shall ensure the establishment and 
development of the mutually beneficial business and community 
relationships and networks described in subsection (b), including 
the use of local boards, in order to enhance the effectiveness of 
such centers. 
(b) NETWORKS.—The activities carried out by each Job Corps 
center under this section shall include— 
(1) establishing and developing relationships and networks 
with— 
(A) local and distant employers, to the extent prac-
ticable, in coordination with entities carrying out other 
Federal and non-Federal programs that conduct similar 
outreach to employers; 
(B) applicable one-stop centers and applicable local 
boards, for the purpose of providing— 
(i) information to, and referral of, potential 
enrollees; and 
(ii) job opportunities for Job Corps graduates; and 
(C)(i) entities carrying out relevant apprenticeship pro-
grams and youth programs; 
(ii) labor-management organizations and local labor 
organizations; 
(iii) employers and contractors that support national 
training contractor programs; and 
(iv) 
community-based 
organizations, 
non-profit 
organizations, and intermediaries providing workforce 
development-related services; and 
(2) establishing and developing relationships with members 
of the community in which the Job Corps center is located, 
informing members of the community about the projects of 
the Job Corps center and changes in the rules, procedures, 
or activities of the center that may affect the community, and 
planning events of mutual interest to the community and the 
Job Corps center. 
(c) NEW CENTERS.—The director of a Job Corps center that 
is not yet operating shall ensure the establishment and development 
of the relationships and networks described in subsection (b) at 
least 3 months prior to the date on which the center accepts 
the first enrollee at the center.
H. R. 803—127 
SEC. 154. WORKFORCE COUNCILS. 
(a) IN GENERAL.—Each Job Corps center shall have a workforce 
council, appointed by the director of the center, in accordance with 
procedures established by the Secretary. 
(b) WORKFORCE COUNCIL COMPOSITION.— 
(1) IN GENERAL.—A workforce council shall be comprised 
of— 
(A) a majority of members who shall be owners of 
business concerns, chief executives or chief operating offi-
cers of nongovernmental employers, or other private sector 
employers, who— 
(i) have substantial management, hiring, or policy 
responsibility; and 
(ii) 
represent 
businesses 
with 
employment 
opportunities that reflect the employment opportuni-
ties of the applicable local areas in which enrollees 
will be seeking employment; 
(B) representatives of labor organizations (where 
present) and representatives of employees; and 
(C) enrollees and graduates of the Job Corps. 
(2) LOCAL
BOARD.—The workforce council may include 
members of the applicable local boards who meet the require-
ments described in paragraph (1). 
(3) EMPLOYERS OUTSIDE OF LOCAL AREA.—The workforce 
council for a Job Corps center may include, or otherwise provide 
for consultation with, employers from outside the local area 
who are likely to hire a significant number of enrollees from 
the Job Corps center. 
(4) SPECIAL RULE FOR SINGLE STATE LOCAL AREAS.—In the 
case of a single State local area designated under section 106(d), 
the workforce council shall include a representative of the State 
Board. 
(c) RESPONSIBILITIES.—The responsibilities of the workforce 
council shall be— 
(1) to work closely with all applicable local boards in order 
to determine, and recommend to the Secretary, appropriate 
career and technical education and training for the center; 
(2) to review all the relevant labor market information, 
including related information in the State plan or the local 
plan, to— 
(A) recommend the in-demand industry sectors or 
occupations in the area in which the Job Corps center 
operates; 
(B) determine the employment opportunities in the 
local areas in which the enrollees intend to seek employ-
ment after graduation; 
(C) determine the skills and education that are nec-
essary to obtain the employment opportunities; and 
(D) recommend to the Secretary the type of career 
and technical education and training that should be imple-
mented at the center to enable the enrollees to obtain 
the employment opportunities; and 
(3) to meet at least once every 6 months to reevaluate 
the labor market information, and other relevant information, 
to determine, and recommend to the Secretary, any necessary 
changes in the career and technical education and training 
provided at the center.
H. R. 803—128 
(d) NEW CENTERS.—The workforce council for a Job Corps 
center that is not yet operating shall carry out the responsibilities 
described in subsection (c) at least 3 months prior to the date 
on which the center accepts the first enrollee at the center. 
SEC. 155. ADVISORY COMMITTEES. 
The Secretary may establish and use advisory committees in 
connection with the operation of the Job Corps program, and the 
operation of Job Corps centers, whenever the Secretary determines 
that the availability of outside advice and counsel on a regular 
basis would be of substantial benefit in identifying and overcoming 
problems, in planning program or center development, or in 
strengthening relationships between the Job Corps and agencies, 
institutions, or groups engaged in related activities. 
SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE. 
(a) PROJECTS.—The Secretary may carry out experimental, 
research, or demonstration projects relating to carrying out the 
Job Corps program. The Secretary may waive any provisions of 
this subtitle that the Secretary finds would prevent the Secretary 
from carrying out the projects if the Secretary informs the Com-
mittee on Education and the Workforce of the House of Representa-
tives and the Committee on Health, Education, Labor, and Pensions 
of the Senate, in writing, not less than 90 days in advance of 
issuing such waiver. 
(b) TECHNICAL ASSISTANCE.—From the funds provided under 
section 162 (for the purposes of administration), the Secretary may 
reserve 1⁄4 of 1 percent to provide, directly or through grants, 
contracts, or other agreements or arrangements as the Secretary 
considers appropriate, technical assistance for the Job Corps pro-
gram for the purpose of improving program quality. Such assistance 
shall include— 
(1) assisting Job Corps centers and programs— 
(A) in correcting deficiencies under, and violations of, 
this subtitle; 
(B) in meeting or exceeding the expected levels of 
performance under section 159(c)(1) for the indicators of 
performance described in section 116(b)(2)(A); 
(C) in the development of sound management practices, 
including financial management procedures; and 
(2) assisting entities, including entities not currently oper-
ating a Job Corps center, in developing the additional selection 
factors information described in section 147(a)(3). 
SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW. 
(a) ENROLLEES NOT CONSIDERED TO BE FEDERAL EMPLOYEES.— 
(1) IN GENERAL.—Except as otherwise provided in this sub-
section and in section 8143(a) of title 5, United States Code, 
enrollees shall not be considered to be Federal employees and 
shall not be subject to the provisions of law relating to Federal 
employment, including such provisions regarding hours of work, 
rates of compensation, leave, unemployment compensation, and 
Federal employee benefits. 
(2) PROVISIONS RELATING TO TAXES AND SOCIAL SECURITY 
BENEFITS.—For purposes of the Internal Revenue Code of 1986 
and title II of the Social Security Act (42 U.S.C. 401 et seq.), 
enrollees shall be deemed to be employees of the United States 
and any service performed by an individual as an enrollee
H. R. 803—129 
shall be deemed to be performed in the employ of the United 
States. 
(3) PROVISIONS RELATING TO COMPENSATION TO FEDERAL 
EMPLOYEES FOR WORK INJURIES.—For purposes of subchapter 
I of chapter 81 of title 5, United States Code (relating to 
compensation to Federal employees for work injuries), enrollees 
shall be deemed to be civil employees of the Government of 
the United States within the meaning of the term ‘‘employee’’ 
as defined in section 8101 of title 5, United States Code, and 
the provisions of such subchapter shall apply as specified in 
section 8143(a) of title 5, United States Code. 
(4) FEDERAL
TORT
CLAIMS
PROVISIONS.—For purposes of 
the Federal tort claims provisions in title 28, United States 
Code, enrollees shall be considered to be employees of the 
Government. 
(b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the Secretary 
finds a claim for damages to a person or property resulting from 
the operation of the Job Corps to be a proper charge against 
the United States, and the claim is not cognizable under section 
2672 of title 28, United States Code, the Secretary may adjust 
and settle the claim in an amount not exceeding $1,500. 
(c) PERSONNEL
OF
THE UNIFORMED SERVICES.—Personnel of 
the uniformed services who are detailed or assigned to duty in 
the performance of agreements made by the Secretary for the sup-
port of the Job Corps shall not be counted in computing strength 
under any law limiting the strength of such services or in computing 
the percentage authorized by law for any grade in such services. 
SEC. 158. SPECIAL PROVISIONS. 
(a) ENROLLMENT.—The Secretary shall ensure that women and 
men have an equal opportunity to participate in the Job Corps 
program, consistent with section 145. 
(b) STUDIES, EVALUATIONS, PROPOSALS, AND DATA.—The Sec-
retary shall assure that all studies, evaluations, proposals, and 
data produced or developed with Federal funds in the course of 
carrying out the Job Corps program shall become the property 
of the United States. 
(c) TRANSFER OF PROPERTY.— 
(1) IN GENERAL.—Notwithstanding chapter 5 of title 40, 
United States Code, and any other provision of law, the Sec-
retary and the Secretary of Education shall receive priority 
by the Secretary of Defense for the direct transfer, on a nonre-
imbursable basis, of the property described in paragraph (2) 
for use in carrying out programs under this Act or under 
any other Act. 
(2) PROPERTY.—The property described in this paragraph 
is real and personal property under the control of the Depart-
ment of Defense that is not used by such Department, including 
property that the Secretary of Defense determines is in excess 
of current and projected requirements of such Department. 
(d) GROSS RECEIPTS.—Transactions conducted by a private for- 
profit or nonprofit entity that is an operator or service provider 
for a Job Corps center shall not be considered to be generating 
gross receipts. Such an operator or service provider shall not be 
liable, directly or indirectly, to any State or subdivision of a State 
(nor to any person acting on behalf of such a State or subdivision) 
for any gross receipts taxes, business privilege taxes measured
H. R. 803—130 
by gross receipts, or any similar taxes imposed on, or measured 
by, gross receipts in connection with any payments made to or 
by such entity for operating or providing services to a Job Corps 
center. Such an operator or service provider shall not be liable 
to any State or subdivision of a State to collect or pay any sales, 
excise, use, or similar tax imposed on the sale to or use by such 
operator or service provider of any property, service, or other item 
in connection with the operation of or provision of services to 
a Job Corps center. 
(e) MANAGEMENT FEE.—The Secretary shall provide each oper-
ator and (in an appropriate case, as determined by the Secretary) 
service provider with an equitable and negotiated management 
fee of not less than 1 percent of the amount of the funding provided 
under the appropriate agreement specified in section 147. 
(f) DONATIONS.—The Secretary may accept on behalf of the 
Job Corps or individual Job Corps centers charitable donations 
of cash or other assistance, including equipment and materials, 
if such donations are available for appropriate use for the purposes 
set forth in this subtitle. 
(g) SALE OF PROPERTY.—Notwithstanding any other provision 
of law, if the Administrator of General Services sells a Job Corps 
center facility, the Administrator shall transfer the proceeds from 
the sale to the Secretary, who shall use the proceeds to carry 
out the Job Corps program. 
SEC. 159. MANAGEMENT INFORMATION. 
(a) FINANCIAL MANAGEMENT INFORMATION SYSTEM.— 
(1) IN GENERAL.—The Secretary shall establish procedures 
to ensure that each operator, and each service provider, main-
tains a financial management information system that will 
provide— 
(A) accurate, complete, and current disclosures of the 
costs of Job Corps operations; and 
(B) sufficient data for the effective evaluation of activi-
ties carried out through the Job Corps program. 
(2) ACCOUNTS.—Each operator and service provider shall 
maintain funds received under this subtitle in accounts in 
a manner that ensures timely and accurate reporting as 
required by the Secretary. 
(3) FISCAL RESPONSIBILITY.—Operators shall remain fiscally 
responsible and control costs, regardless of whether the funds 
made available for Job Corps centers are incrementally 
increased or decreased between fiscal years. 
(b) AUDIT.— 
(1) ACCESS.—The Secretary, the Inspector General of the 
Department of Labor, the Comptroller General of the United 
States, and any of their duly authorized representatives, shall 
have access to any books, documents, papers, and records of 
the operators and service providers described in subsection 
(a) that are pertinent to the Job Corps program, for purposes 
of conducting surveys, audits, and evaluations of the operators 
and service providers. 
(2) SURVEYS, AUDITS, AND
EVALUATIONS.—The Secretary 
shall survey, audit, or evaluate, or arrange for the survey, 
audit, or evaluation of, the operators and service providers, 
using Federal auditors or independent public accountants. The
H. R. 803—131 
Secretary shall conduct such surveys, audits, or evaluations 
not less often than once every 3 years. 
(c) INFORMATION ON INDICATORS OF PERFORMANCE.— 
(1) LEVELS OF PERFORMANCE AND INDICATORS.—The Sec-
retary shall annually establish expected levels of performance 
for a Job Corps center and the Job Corps program relating 
to each of the primary indicators of performance for eligible 
youth described in section 116(b)(2)(A)(ii). 
(2) PERFORMANCE OF RECRUITERS.—The Secretary shall also 
establish performance indicators, and expected levels of 
performance on the performance indicators, for recruitment 
service providers serving the Job Corps program. The perform-
ance indicators shall relate to— 
(A) the number of enrollees recruited, compared to 
the established goals for such recruitment, and the number 
of enrollees who remain committed to the program for 
90 days after enrollment; and 
(B) the measurements described in subparagraphs (I), 
(L), and (M) of subsection (d)(1). 
(3) PERFORMANCE
OF
CAREER
TRANSITION
SERVICE
PRO-
VIDERS.—The Secretary shall also establish performance indica-
tors, and expected performance levels on the performance 
indicators, for career transition service providers serving the 
Job Corps program. The performance indicators shall relate 
to— 
(A) the primary indicators of performance for eligible 
youth described in section 116(b)(2)(A)(ii); and 
(B) the measurements described in subparagraphs (D), 
(E), (H), (J), and (K) of subsection (d)(1). 
(4) REPORT.—The Secretary shall collect, and annually 
submit to the Committee on Education and the Workforce of 
the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate, a report 
including— 
(A) information on the performance of each Job Corps 
center, and the Job Corps program, based on the perform-
ance indicators described in paragraph (1), as compared 
to the expected level of performance established under 
such paragraph for each performance indicator; and 
(B) information on the performance of the service pro-
viders described in paragraphs (2) and (3) on the perform-
ance indicators established under such paragraphs, as com-
pared to the expected level of performance established for 
each performance indicator. 
(d) ADDITIONAL INFORMATION.— 
(1) IN
GENERAL.—The Secretary shall also collect, and 
submit in the report described in subsection (c)(4), information 
on the performance of each Job Corps center, and the Job 
Corps program, regarding— 
(A) the number of enrollees served; 
(B) demographic information on the enrollees served, 
including age, race, gender, and education and income level; 
(C) the number of graduates of a Job Corps center; 
(D) the number of graduates who entered the Armed 
Forces; 
(E) the number of graduates who entered apprentice-
ship programs;
H. R. 803—132 
(F) the number of graduates who received a regular 
secondary school diploma; 
(G) the number of graduates who received a State 
recognized equivalent of a secondary school diploma; 
(H) the number of graduates who entered unsubsidized 
employment related to the career and technical education 
and training received through the Job Corps program and 
the number who entered unsubsidized employment not 
related to the education and training received; 
(I) the percentage and number of former enrollees, 
including the number dismissed under the zero tolerance 
policy described in section 152(b); 
(J) the percentage and number of graduates who enter 
postsecondary education; 
(K) the average wage of graduates who enter unsub-
sidized employment— 
(i) on the first day of such employment; and 
(ii) on the day that is 6 months after such first 
day; 
(L) the percentages of enrollees described in subpara-
graphs (A) and (B) of section 145(c)(1), as compared to 
the percentage targets established by the Secretary under 
such section for the center; 
(M) the cost per enrollee, which is calculated by com-
paring the number of enrollees at the center in a program 
year to the total budget for such center in the same pro-
gram year; 
(N) the cost per graduate, which is calculated by com-
paring the number of graduates of the center in a program 
year compared to the total budget for such center in the 
same program year; and 
(O) any additional information required by the Sec-
retary. 
(2) RULES FOR REPORTING OF DATA.—The disaggregation 
of data under this subsection shall not be required when the 
number of individuals in a category is insufficient to yield 
statistically reliable information or when the results would 
reveal personally identifiable information about an individual. 
(e) METHODS.—The Secretary shall collect the information 
described in subsections (c) and (d), using methods described in 
section 116(i)(2) and consistent with State law, by entering into 
agreements with the States to access such data for Job Corps 
enrollees, former enrollees, and graduates. 
(f) PERFORMANCE ASSESSMENTS AND IMPROVEMENTS.— 
(1) ASSESSMENTS.—The Secretary shall conduct an annual 
assessment of the performance of each Job Corps center. Based 
on the assessment, the Secretary shall take measures to 
continuously improve the performance of the Job Corps pro-
gram. 
(2) PERFORMANCE IMPROVEMENT.—With respect to a Job 
Corps center that fails to meet the expected levels of perform-
ance relating to the primary indicators of performance specified 
in subsection (c)(1), the Secretary shall develop and implement 
a performance improvement plan. Such a plan shall require 
action to be taken during a 1-year period, including— 
(A) providing technical assistance to the center;
H. R. 803—133 
(B) changing the career and technical education and 
training offered at the center; 
(C) changing the management staff of the center; 
(D) replacing the operator of the center; 
(E) reducing the capacity of the center; 
(F) relocating the center; or 
(G) closing the center. 
(3) ADDITIONAL PERFORMANCE IMPROVEMENT.—In addition 
to the performance improvement plans required under para-
graph (2), the Secretary may develop and implement additional 
performance improvement plans. Such a plan shall require 
improvements, including the actions described in such para-
graph, for a Job Corps center that fails to meet criteria estab-
lished by the Secretary other than the expected levels of 
performance described in such paragraph. 
(4) CIVILIAN CONSERVATION CENTERS.—With respect to a 
Civilian Conservation Center that fails to meet the expected 
levels of performance relating to the primary indicators of 
performance specified in subsection (c)(1) or fails to improve 
performance as described in paragraph (2) after 3 program 
years, the Secretary, in consultation with the Secretary of Agri-
culture, shall select an entity to operate the Civilian Conserva-
tion Center on a competitive basis, in accordance with the 
requirements of section 147. 
(g) PARTICIPANT HEALTH AND SAFETY.— 
(1) CENTER.—The Secretary shall ensure that a review 
by an appropriate Federal, State, or local entity of the physical 
condition and health-related activities of each Job Corps center 
occurs annually. 
(2) WORK-BASED
LEARNING
LOCATIONS.—The Secretary 
shall require that an entity that has entered into a contract 
to provide work-based learning activities for any Job Corps 
enrollee under this subtitle shall comply with the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or, 
as appropriate, under the corresponding State Occupational 
Safety and Health Act of 1970 requirements in the State in 
which such activities occur. 
(h) BUILDINGS
AND FACILITIES.—The Secretary shall collect, 
and submit in the report described in subsection (c)(4), information 
regarding the state of Job Corps buildings and facilities. Such 
report shall include— 
(1) a review of requested construction, rehabilitation, and 
acquisition projects, by each Job Corps center; and 
(2) a review of new facilities under construction. 
(i) NATIONAL AND COMMUNITY SERVICE.—The Secretary shall 
include in the report described in subsection (c)(4) available informa-
tion regarding the national and community service activities of 
enrollees, particularly those enrollees at Civilian Conservation Cen-
ters. 
(j) CLOSURE OF JOB CORPS CENTER.—Prior to the closure of 
any Job Corps center, the Secretary shall ensure— 
(1) that the proposed decision to close the center is 
announced in advance to the general public through publication 
in the Federal Register or other appropriate means; 
(2) the establishment of a reasonable comment period, not 
to exceed 30 days, for interested individuals to submit written 
comments to the Secretary; and
H. R. 803—134 
(3) that the Member of Congress who represents the district 
in which such center is located is notified within a reasonable 
period of time in advance of any final decision to close the 
center. 
SEC. 160. GENERAL PROVISIONS. 
The Secretary is authorized to— 
(1) disseminate, with regard to the provisions of section 
3204 of title 39, United States Code, data and information 
in such forms as the Secretary shall determine to be appro-
priate, to public agencies, private organizations, and the general 
public; 
(2) subject to section 157(b), collect or compromise all 
obligations to or held by the Secretary and exercise all legal 
or equitable rights accruing to the Secretary in connection 
with the payment of obligations until such time as such obliga-
tions may be referred to the Attorney General for suit or 
collection; and 
(3) expend funds made available for purposes of this sub-
title— 
(A) for printing and binding, in accordance with 
applicable law (including regulation); and 
(B) without regard to any other law (including regula-
tion), for rent of buildings and space in buildings and 
for repair, alteration, and improvement of buildings and 
space in buildings rented by the Secretary, except that 
the Secretary shall not expend funds under the authority 
of this subparagraph— 
(i) except when necessary to obtain an item, 
service, or facility, that is required in the proper 
administration of this subtitle, and that otherwise 
could not be obtained, or could not be obtained in 
the quantity or quality needed, or at the time, in 
the form, or under the conditions in which the item, 
service, or facility is needed; and 
(ii) prior to having given written notification to 
the Administrator of General Services (if the expendi-
ture would affect an activity that otherwise would be 
under the jurisdiction of the General Services Adminis-
tration) of the intention of the Secretary to make the 
expenditure, and the reasons and justifications for the 
expenditure. 
SEC. 161. JOB CORPS OVERSIGHT AND REPORTING. 
(a) TEMPORARY FINANCIAL REPORTING.— 
(1) IN GENERAL.—During the periods described in para-
graphs (2) and (3)(B), the Secretary shall prepare and submit 
to the applicable committees financial reports regarding the 
Job Corps program under this subtitle. Each such financial 
report shall include— 
(A) information regarding the implementation of the 
financial oversight measures suggested in the May 31, 
2013, report of the Office of Inspector General of the 
Department of Labor entitled ‘‘The U.S. Department of 
Labor’s Employment and Training Administration Needs 
to Strengthen Controls over Job Corps Funds’’;
H. R. 803—135 
(B) a description of any budgetary shortfalls for the 
program for the period covered by the financial report, 
and the reasons for such shortfalls; and 
(C) a description and explanation for any approval 
for contract expenditures that are in excess of the amounts 
provided for under the contract. 
(2) TIMING
OF
REPORTS.—The Secretary shall submit a 
financial report under paragraph (1) once every 6 months begin-
ning on the date of enactment of this Act, for a 3-year period. 
After the completion of such 3-year period, the Secretary shall 
submit a financial report under such paragraph once a year 
for the next 2 years, unless additional reports are required 
under paragraph (3)(B). 
(3) REPORTING
REQUIREMENTS
IN
CASES
OF
BUDGETARY 
SHORTFALLS.—If any financial report required under this sub-
section finds that the Job Corps program under this subtitle 
has a budgetary shortfall for the period covered by the report, 
the Secretary shall— 
(A) not later than 90 days after the budgetary shortfall 
was identified, submit a report to the applicable committees 
explaining how the budgetary shortfall will be addressed; 
and 
(B) submit an additional financial report under para-
graph (1) for each 6-month period subsequent to the finding 
of the budgetary shortfall until the Secretary demonstrates, 
through such report, that the Job Corps program has no 
budgetary shortfall. 
(b) THIRD-PARTY REVIEW.—Every 5 years after the date of enact-
ment of this Act, the Secretary shall provide for a third-party 
review of the Job Corps program under this subtitle that addresses 
all of the areas described in subparagraphs (A) through (G) of 
section 169(a)(2). The results of the review shall be submitted 
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. 
(c) CRITERIA FOR JOB CORPS CENTER CLOSURES.—By not later 
than December 1, 2014, the Secretary shall establish written criteria 
that the Secretary shall use to determine when a Job Corps center 
supported under this subtitle is to be closed and how to carry 
out such closure, and shall submit such criteria to the applicable 
committees. 
(d) DEFINITION OF APPLICABLE COMMITTEES.—In this section, 
the term ‘‘applicable committees’’ means— 
(1) the Committee on Education and the Workforce of the 
House of Representatives; 
(2) the Subcommittee on Labor, Health and Human Serv-
ices, Education, and Related Agencies of the Committee of 
Appropriations of the House of Representatives; 
(3) the Committee on Health, Education, Labor, and Pen-
sions of the Senate; and 
(4) the Subcommittee on Labor, Health and Human Serv-
ices, Education, and Related Agencies of the Committee of 
Appropriations of the Senate. 
SEC. 162. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this sub-
title—
H. R. 803—136 
(1) $1,688,155,000 for fiscal year 2015; 
(2) $1,818,548,000 for fiscal year 2016; 
(3) $1,856,283,000 for fiscal year 2017; 
(4) $1,897,455,000 for fiscal year 2018; 
(5) $1,942,064,000 for fiscal year 2019; and 
(6) $1,983,236,000 for fiscal year 2020. 
Subtitle D—National Programs 
SEC. 166. NATIVE AMERICAN PROGRAMS. 
(a) PURPOSE.— 
(1) IN GENERAL.—The purpose of this section is to support 
employment and training activities for Indian, Alaska Native, 
and Native Hawaiian individuals in order— 
(A) to develop more fully the academic, occupational, 
and literacy skills of such individuals; 
(B) to make such individuals more competitive in the 
workforce and to equip them with the entrepreneurial skills 
necessary for successful self-employment; and 
(C) to promote the economic and social development 
of Indian, Alaska Native, and Native Hawaiian commu-
nities in accordance with the goals and values of such 
communities. 
(2) INDIAN POLICY.—All programs assisted under this sec-
tion shall be administered in a manner consistent with the 
principles of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) and the government- 
to-government relationship between the Federal Government 
and Indian tribal governments. 
(b) DEFINITIONS.—As used in this section: 
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ includes 
a Native and a descendant of a Native, as such terms are 
defined in subsections (b) and (r) of section 3 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602(b), (r)). 
(2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.—The 
terms ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ have 
the meanings given such terms in subsections (d), (e), and 
(l), respectively, of section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(3) NATIVE
HAWAIIAN
AND
NATIVE
HAWAIIAN
ORGANIZA-
TION.—The terms ‘‘Native Hawaiian’’ and ‘‘Native Hawaiian 
organization’’ have the meanings given such terms in section 
7207 of the Native Hawaiian Education Act (20 U.S.C. 7517). 
(c) PROGRAM AUTHORIZED.—Every 4 years, the Secretary shall, 
on a competitive basis, make grants to, or enter into contracts 
or cooperative agreements with, Indian tribes, tribal organizations, 
Alaska Native entities, Indian-controlled organizations serving 
Indians, or Native Hawaiian organizations to carry out the author-
ized activities described in subsection (d). 
(d) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—Funds made available under subsection 
(c) shall be used to carry out the activities described in para-
graph (2) that— 
(A) are consistent with this section; and 
(B) are necessary to meet the needs of Indians, Alaska 
Natives, or Native Hawaiians preparing to enter, reenter,
H. R. 803—137 
or retain unsubsidized employment leading to self-suffi-
ciency. 
(2) WORKFORCE
DEVELOPMENT
ACTIVITIES
AND
SUPPLE-
MENTAL SERVICES.— 
(A) IN GENERAL.—Funds made available under sub-
section (c) shall be used for— 
(i) comprehensive workforce development activities 
for Indians, Alaska Natives, or Native Hawaiians, 
including training on entrepreneurial skills; or 
(ii) supplemental services for Indian, Alaska 
Native, or Native Hawaiian youth on or near Indian 
reservations and in Oklahoma, Alaska, or Hawaii. 
(B) SPECIAL RULE.—Notwithstanding any other provi-
sion of this section, individuals who were eligible to partici-
pate in programs under section 401 of the Job Training 
Partnership Act (as such section was in effect on the day 
before the date of enactment of the Workforce Investment 
Act of 1998) shall be eligible to participate in an activity 
assisted under this section. 
(e) PROGRAM PLAN.—In order to receive a grant or enter into 
a contract or cooperative agreement under this section, an entity 
described in subsection (c) shall submit to the Secretary a program 
plan that describes a 4-year strategy for meeting the needs of 
Indian, Alaska Native, or Native Hawaiian individuals, as appro-
priate, in the area served by such entity. Such plan shall— 
(1) be consistent with the purpose of this section; 
(2) identify the population to be served; 
(3) identify the education and employment needs of the 
population to be served and the manner in which the activities 
to be provided will strengthen the ability of the individuals 
served to obtain or retain unsubsidized employment leading 
to self-sufficiency; 
(4) describe the activities to be provided and the manner 
in which such activities are to be integrated with other appro-
priate activities; and 
(5) describe, after the entity submitting the plan consults 
with the Secretary, the performance accountability measures 
to be used to assess the performance of entities in carrying 
out the activities assisted under this section, which shall 
include the primary indicators of performance described in sec-
tion 116(b)(2)(A) and expected levels of performance for such 
indicators, in accordance with subsection (h). 
(f) CONSOLIDATION OF FUNDS.—Each entity receiving assistance 
under subsection (c) may consolidate such assistance with assistance 
received from related programs in accordance with the provisions 
of the Indian Employment, Training and Related Services Dem-
onstration Act of 1992 (25 U.S.C. 3401 et seq.). 
(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing 
in this section shall be construed— 
(1) to limit the eligibility of any entity described in sub-
section (c) to participate in any activity offered by a State 
or local entity under this Act; or 
(2) to preclude or discourage any agreement, between any 
entity described in subsection (c) and any State or local entity, 
to facilitate the provision of services by such entity or to the 
population served by such entity. 
(h) PERFORMANCE ACCOUNTABILITY MEASURES.—
H. R. 803—138 
(1) ADDITIONAL
PERFORMANCE
INDICATORS
AND
STAND-
ARDS.— 
(A) DEVELOPMENT OF INDICATORS AND STANDARDS.— 
The Secretary, in consultation with the Native American 
Employment and Training Council, shall develop a set 
of performance indicators and standards that is in addition 
to the primary indicators of performance described in sec-
tion 116(b)(2)(A) and that shall be applicable to programs 
under this section. 
(B) 
SPECIAL
CONSIDERATIONS.—Such 
performance 
indicators and standards shall take into account— 
(i) the purpose of this section as described in sub-
section (a)(1); 
(ii) the needs of the groups served by this section, 
including the differences in needs among such groups 
in various geographic service areas; and 
(iii) the economic circumstances of the communities 
served, including differences in circumstances among 
various geographic service areas. 
(2) AGREEMENT ON ADJUSTED LEVELS OF PERFORMANCE.— 
The Secretary and the entity described in subsection (c) shall 
reach agreement on the levels of performance for each of the 
primary indicators of performance described in section 
116(b)(2)(A), taking into account economic conditions, character-
istics of the individuals served, and other appropriate factors 
and using, to the extent practicable, the statistical adjustment 
model under section 116(b)(3)(A)(viii). The levels agreed to shall 
be the adjusted levels of performance and shall be incorporated 
in the program plan. 
(i) ADMINISTRATIVE PROVISIONS.— 
(1) ORGANIZATIONAL
UNIT
ESTABLISHED.—The Secretary 
shall designate a single organizational unit within the Depart-
ment of Labor that shall have primary responsibility for the 
administration of the activities authorized under this section. 
(2) REGULATIONS.—The Secretary shall consult with the 
entities described in subsection (c) in— 
(A) establishing regulations to carry out this section, 
including regulations relating to the performance account-
ability measures for entities receiving assistance under 
this section; and 
(B) developing a funding distribution plan that takes 
into consideration previous levels of funding (prior to the 
date of enactment of this Act) to such entities. 
(3) WAIVERS.— 
(A) IN GENERAL.—With respect to an entity described 
in subsection (c), the Secretary, notwithstanding any other 
provision of law, may, pursuant to a request submitted 
by such entity that meets the requirements established 
under subparagraph (B), waive any of the statutory or 
regulatory requirements of this title that are inconsistent 
with the specific needs of the entity described in such 
subsection, except that the Secretary may not waive 
requirements relating to wage and labor standards, worker 
rights, participation and protection of workers and partici-
pants, grievance procedures, and judicial review. 
(B) REQUEST AND APPROVAL.—An entity described in 
subsection (c) that requests a waiver under subparagraph
H. R. 803—139 
(A) shall submit a plan to the Secretary to improve the 
program of workforce investment activities carried out by 
the entity, which plan shall meet the requirements estab-
lished by the Secretary and shall be generally consistent 
with the requirements of section 189(i)(3)(B). 
(4) ADVISORY COUNCIL.— 
(A) IN GENERAL.—Using funds made available to carry 
out this section, the Secretary shall establish a Native 
American Employment and Training Council to facilitate 
the consultation described in paragraph (2) and to provide 
the advice described in subparagraph (C). 
(B) COMPOSITION.—The Council shall be composed of 
individuals, appointed by the Secretary, who are represent-
atives of the entities described in subsection (c). 
(C) DUTIES.—The Council shall advise the Secretary 
on the operation and administration of the programs 
assisted under this section, including the selection of the 
individual appointed as head of the unit established under 
paragraph (1). 
(D) PERSONNEL MATTERS.— 
(i) COMPENSATION OF MEMBERS.—Members of the 
Council shall serve without compensation. 
(ii) TRAVEL
EXPENSES.—The members of the 
Council shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the 
performance of services for the Council. 
(iii) ADMINISTRATIVE
SUPPORT.—The Secretary 
shall provide the Council with such administrative sup-
port as may be necessary to perform the functions 
of the Council. 
(E) CHAIRPERSON.—The Council shall select a chair-
person from among its members. 
(F) MEETINGS.—The Council shall meet not less than 
twice each year. 
(G) APPLICATION.—Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Council. 
(5) TECHNICAL ASSISTANCE.—The Secretary, acting through 
the unit established under paragraph (1), is authorized to pro-
vide technical assistance to entities described in subsection 
(c) that receive assistance under such subsection to enable 
such entities to improve the activities authorized under this 
section that are provided by such entities. 
(6) AGREEMENT
FOR
CERTAIN
FEDERALLY
RECOGNIZED 
INDIAN TRIBES TO TRANSFER FUNDS TO THE PROGRAM.—A feder-
ally recognized Indian tribe that administers funds provided 
under this section and funds provided by more than one State 
under other sections of this title may enter into an agreement 
with the Secretary and the Governors of the affected States 
to transfer the funds provided by the States to the program 
administered by the tribe under this section.
H. R. 803—140 
(j) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED 
REQUIREMENT.—Grants made and contracts and cooperative agree-
ments entered into under this section shall be subject to the require-
ments of chapter 75 of subtitle V of title 31, United States Code, 
and charging of costs under this section shall be subject to appro-
priate circulars issued by the Office of Management and Budget. 
(k) ASSISTANCE
TO
UNIQUE
POPULATIONS
IN
ALASKA
AND 
HAWAII.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary is authorized to award grants, on a competi-
tive basis, to entities with demonstrated experience and exper-
tise in developing and implementing programs for the unique 
populations who reside in Alaska or Hawaii, including public 
and private nonprofit organizations, tribal organizations, Amer-
ican Indian tribal colleges or universities, institutions of higher 
education, or consortia of such organizations or institutions, 
to improve job training and workforce investment activities 
for such unique populations. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection— 
(A) $461,000 for fiscal year 2015; 
(B) $497,000 for fiscal year 2016; 
(C) $507,000 for fiscal year 2017; 
(D) $518,000 for fiscal year 2018; 
(E) $530,000 for fiscal year 2019; and 
(F) $542,000 for fiscal year 2020. 
SEC. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS. 
(a) IN GENERAL.—Every 4 years, the Secretary shall, on a 
competitive basis, make grants to, or enter into contracts with, 
eligible entities to carry out the activities described in subsection 
(d). 
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant or 
enter into a contract under this section, an entity shall have an 
understanding of the problems of eligible migrant and seasonal 
farmworkers (including dependents), a familiarity with the area 
to be served, and the ability to demonstrate a capacity to administer 
and deliver effectively a diversified program of workforce investment 
activities (including youth workforce investment activities) and 
related assistance for eligible migrant and seasonal farmworkers. 
(c) PROGRAM PLAN.— 
(1) IN GENERAL.—To be eligible to receive a grant or enter 
into a contract under this section, an entity described in sub-
section (b) shall submit to the Secretary a plan that describes 
a 4-year strategy for meeting the needs of eligible migrant 
and seasonal farmworkers in the area to be served by such 
entity. 
(2) CONTENTS.—Such plan shall— 
(A) describe the population to be served and identify 
the education and employment needs of the population 
to be served and the manner in which the services to 
be provided will strengthen the ability of the eligible 
migrant and seasonal farmworkers and dependents to 
obtain or retain unsubsidized employment, or stabilize their 
unsubsidized employment, including upgraded employment 
in agriculture;
H. R. 803—141 
(B) describe the related assistance and supportive serv-
ices to be provided and the manner in which such assist-
ance and services are to be integrated and coordinated 
with other appropriate services; 
(C) describe the performance accountability measures 
to be used to assess the performance of such entity in 
carrying out the activities assisted under this section, which 
shall include the expected levels of performance for the 
primary indicators of performance described in section 
116(b)(2)(A); 
(D) describe the availability and accessibility of local 
resources, such as supportive services, services provided 
through one-stop delivery systems, and education and 
training services, and how the resources can be made avail-
able to the population to be served; and 
(E) describe the plan for providing services under this 
section, including strategies and systems for outreach, 
career planning, assessment, and delivery through one- 
stop delivery systems. 
(3) AGREEMENT ON ADJUSTED LEVELS OF PERFORMANCE.— 
The Secretary and the entity described in subsection (b) shall 
reach agreement on the levels of performance for each of the 
primary indicators of performance described in section 
116(b)(2)(A), taking into account economic conditions, character-
istics of the individuals served, and other appropriate factors, 
and using, to the extent practicable, the statistical adjustment 
model under section 116(b)(3)(A)(viii). The levels agreed to shall 
be the adjusted levels of performance and shall be incorporated 
in the program plan. 
(4) ADMINISTRATION.—Grants and contracts awarded under 
this section shall be centrally administered by the Department 
of Labor and competitively awarded by the Secretary using 
procedures consistent with standard Federal Government 
competitive procurement policies. 
(d) AUTHORIZED ACTIVITIES.—Funds made available under this 
section and section 127(a)(1) shall be used to carry out workforce 
investment activities (including youth workforce investment activi-
ties) and provide related assistance for eligible migrant and seasonal 
farmworkers, which may include— 
(1) outreach, employment, training, educational assistance, 
literacy assistance, English language and literacy instruction, 
pesticide and worker safety training, housing (including perma-
nent housing), supportive services, and school dropout preven-
tion and recovery activities; 
(2) followup services for those individuals placed in employ-
ment; 
(3) self-employment and related business or micro-enter-
prise development or education as needed by eligible individuals 
as identified pursuant to the plan required by subsection (c); 
(4) customized career and technical education in occupa-
tions that will lead to higher wages, enhanced benefits, and 
long-term employment in agriculture or another area; and 
(5) technical assistance to improve coordination of services 
and implement best practices relating to service delivery 
through one-stop delivery systems. 
(e) CONSULTATION WITH GOVERNORS AND LOCAL BOARDS.—In 
making grants and entering into contracts under this section, the
H. R. 803—142 
Secretary shall consult with the Governors and local boards of 
the States in which the eligible entities will carry out the activities 
described in subsection (d). 
(f) REGULATIONS.—The Secretary shall consult with eligible 
migrant and seasonal farmworkers groups and States in estab-
lishing regulations to carry out this section, including regulations 
relating to how economic and demographic barriers to employment 
of eligible migrant and seasonal farmworkers should be considered 
and included in the negotiations leading to the adjusted levels 
of performance described in subsection (c)(3). 
(g) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED 
REQUIREMENT.—Grants made and contracts entered into under this 
section shall be subject to the requirements of chapter 75 of subtitle 
V of title 31, United States Code and charging of costs under 
this section shall be subject to appropriate circulars issued by 
the Office of Management and Budget. 
(h) FUNDING ALLOCATION.—From the funds appropriated and 
made available to carry out this section, the Secretary shall reserve 
not more than 1 percent for discretionary purposes, such as pro-
viding technical assistance to eligible entities. 
(i) DEFINITIONS.—In this section: 
(1) ELIGIBLE MIGRANT AND SEASONAL FARMWORKERS.—The 
term ‘‘eligible migrant and seasonal farmworkers’’ means 
individuals who are eligible migrant farmworkers or are eligible 
seasonal farmworkers. 
(2) ELIGIBLE MIGRANT FARMWORKER.—The term ‘‘eligible 
migrant farmworker’’ means— 
(A) an eligible seasonal farmworker described in para-
graph (3)(A) whose agricultural labor requires travel to 
a job site such that the farmworker is unable to return 
to a permanent place of residence within the same day; 
and 
(B) a dependent of the farmworker described in 
subparagraph (A). 
(3) ELIGIBLE SEASONAL FARMWORKER.—The term ‘‘eligible 
seasonal farmworker’’ means— 
(A) a low-income individual who— 
(i) for 12 consecutive months out of the 24 months 
prior to application for the program involved, has been 
primarily employed in agricultural or fish farming 
labor that is characterized by chronic unemployment 
or underemployment; and 
(ii) faces multiple barriers to economic self-suffi-
ciency; and 
(B) a dependent of the person described in subpara-
graph (A). 
SEC. 168. TECHNICAL ASSISTANCE. 
(a) GENERAL TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—The Secretary shall ensure that the 
Department has sufficient capacity to, and does, provide, coordi-
nate, and support the development of, appropriate training, 
technical assistance, staff development, and other activities, 
including— 
(A) assistance in replicating programs of demonstrated 
effectiveness, to States and localities;
H. R. 803—143 
(B) the training of staff providing rapid response serv-
ices; 
(C) the training of other staff of recipients of funds 
under this title, including the staff of local boards and 
State boards; 
(D) the training of members of State boards and local 
boards; 
(E) assistance in the development and implementation 
of integrated, technology-enabled intake and case manage-
ment information systems for programs carried out under 
this Act and programs carried out by one-stop partners, 
such as standard sets of technical requirements for the 
systems, offering interfaces that States could use in 
conjunction with their current (as of the first date of 
implementation of the systems) intake and case manage-
ment information systems that would facilitate shared reg-
istration across programs; 
(F) assistance regarding accounting and program oper-
ations to States and localities (when such assistance would 
not supplant assistance provided by the State); 
(G) peer review activities under this title; and 
(H) in particular, assistance to States in making transi-
tions to implement the provisions of this Act. 
(2) FORM OF ASSISTANCE.— 
(A) IN GENERAL.—In order to carry out paragraph (1) 
on behalf of a State or recipient of financial assistance 
under section 166 or 167, the Secretary, after consultation 
with the State or grant recipient, may award grants or 
enter into contracts or cooperative agreements. 
(B) LIMITATION.—Grants or contracts awarded under 
paragraph (1) to entities other than States or local units 
of government that are for amounts in excess of $100,000 
shall only be awarded on a competitive basis. 
(b) DISLOCATED WORKER TECHNICAL ASSISTANCE.— 
(1) AUTHORITY.—Of the amounts available pursuant to sec-
tion 132(a)(2)(A), the Secretary shall reserve not more than 
5 percent of such amounts to provide technical assistance to 
States that do not meet the State performance accountability 
measures for the primary indicators of performance described 
in section 116(b)(2)(A)(i) with respect to employment and 
training activities for dislocated workers. Using such reserved 
funds, the Secretary may provide such assistance to other 
States, local areas, and other entities involved in providing 
assistance to dislocated workers, to promote the continuous 
improvement of assistance provided to dislocated workers, 
under this title. 
(2) TRAINING.—Amounts reserved under this subsection 
may be used to provide for the training of staff, including 
specialists, who provide rapid response services. Such training 
shall include instruction in proven methods of promoting, estab-
lishing, and assisting labor-management committees. Such 
projects shall be administered through the Employment and 
Training Administration of the Department. 
(c) PROMISING
AND PROVEN PRACTICES COORDINATION.—The 
Secretary shall— 
(1) establish a system through which States may share 
information regarding promising and proven practices with
H. R. 803—144 
regard to the operation of workforce investment activities under 
this Act; 
(2) evaluate and disseminate information regarding such 
promising and proven practices and identify knowledge gaps; 
and 
(3) commission research under section 169(b) to address 
knowledge gaps identified under paragraph (2). 
SEC. 169. EVALUATIONS AND RESEARCH. 
(a) EVALUATIONS.— 
(1) EVALUATIONS
OF
PROGRAMS
AND
ACTIVITIES
CARRIED 
OUT UNDER THIS TITLE.— 
(A) IN GENERAL.—For the purpose of improving the 
management and effectiveness of programs and activities 
carried out under this title, the Secretary, through grants, 
contracts, or cooperative agreements, shall provide for the 
continuing evaluation of the programs and activities under 
this title, including those programs and activities carried 
out under this section. 
(B) PERIODIC INDEPENDENT EVALUATION.—The evalua-
tions carried out under this paragraph shall include an 
independent evaluation, at least once every 4 years, of 
the programs and activities carried out under this title. 
(2) EVALUATION
SUBJECTS.—Each evaluation carried out 
under paragraph (1) shall address— 
(A) the general effectiveness of such programs and 
activities in relation to their cost, including the extent 
to which the programs and activities— 
(i) improve the employment competencies of 
participants in comparison to comparably-situated 
individuals who did not participate in such programs 
and activities; and 
(ii) to the extent feasible, increase the level of 
total employment over the level that would have 
existed in the absence of such programs and activities; 
(B) the effectiveness of the performance accountability 
measures relating to such programs and activities; 
(C) the effectiveness of the structure and mechanisms 
for delivery of services through such programs and activi-
ties, including the coordination and integration of services 
through such programs and activities; 
(D) the impact of such programs and activities on 
the community, businesses, and participants involved; 
(E) the impact of such programs and activities on 
related programs and activities; 
(F) the extent to which such programs and activities 
meet the needs of various demographic groups; and 
(G) such other factors as may be appropriate. 
(3) EVALUATIONS OF OTHER PROGRAMS AND ACTIVITIES.— 
The Secretary may conduct evaluations of other federally 
funded employment-related programs and activities under other 
provisions of law. 
(4) TECHNIQUES.—Evaluations conducted under this sub-
section shall utilize appropriate and rigorous methodology and 
research designs, including the use of control groups chosen 
by scientific random assignment methodologies. The Secretary 
shall conduct at least 1 multisite control group evaluation under
H. R. 803—145 
this subsection by the end of fiscal year 2019, and thereafter 
shall ensure that such an analysis is included in the inde-
pendent evaluation described in paragraph (1)(B) that is con-
ducted at least once every 4 years. 
(5) REPORTS.—The entity carrying out an evaluation 
described in paragraph (1) or (2) shall prepare and submit 
to the Secretary a draft report and a final report containing 
the results of the evaluation. 
(6) REPORTS TO CONGRESS.—Not later than 30 days after 
the completion of a draft report under paragraph (5), the Sec-
retary shall transmit the draft report 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. Not later than 60 days after the completion 
of a final report under such paragraph, the Secretary shall 
transmit the final report to such committees. 
(7) PUBLIC
AVAILABILITY.—Not later than 30 days after 
the date the Secretary transmits the final report as described 
in paragraph (6), the Secretary shall make that final report 
available to the general public on the Internet, on the Web 
site of the Department of Labor. 
(8) PUBLICATION OF REPORTS.—If an entity that enters into 
a contract or other arrangement with the Secretary to conduct 
an evaluation of a program or activity under this subsection 
requests permission from the Secretary to publish a report 
resulting from the evaluation, such entity may publish the 
report unless the Secretary denies the request during the 90- 
day period beginning on the date the Secretary receives such 
request. 
(9) COORDINATION.—The Secretary shall ensure the 
coordination of evaluations carried out by States pursuant to 
section 116(e) with the evaluations carried out under this sub-
section. 
(b) RESEARCH, STUDIES, AND MULTISTATE PROJECTS.— 
(1) IN GENERAL.—After consultation with States, localities, 
and other interested parties, the Secretary shall, every 2 years, 
publish in the Federal Register, a plan that describes the 
research, studies, and multistate project priorities of the 
Department of Labor concerning employment and training for 
the 5-year period following the submission of the plan. The 
plan shall be consistent with the purposes of this title, including 
the purpose of aligning and coordinating core programs with 
other one-stop partner programs. Copies of the plan shall be 
transmitted to the Committee on Education and the Workforce 
of the House of Representatives, the Committee on Health, 
Education, Labor, and Pensions of the Senate, the Department 
of Education, and other relevant Federal agencies. 
(2) FACTORS.—The plan published under paragraph (1) 
shall contain strategies to address national employment and 
training problems and take into account factors such as— 
(A) the availability of existing research (as of the date 
of the publication); 
(B) the need to ensure results that have interstate 
validity; 
(C) the benefits of economies of scale and the efficiency 
of proposed projects; and
H. R. 803—146 
(D) the likelihood that the results of the projects will 
be useful to policymakers and stakeholders in addressing 
employment and training problems. 
(3) RESEARCH
PROJECTS.—The Secretary shall, through 
grants or contracts, carry out research projects that will con-
tribute to the solution of employment and training problems 
in the United States and that are consistent with the priorities 
specified in the plan published under paragraph (1). 
(4) STUDIES AND REPORTS.— 
(A) NET IMPACT STUDIES AND REPORTS.—The Secretary 
of Labor, in coordination with the Secretary of Education 
and other relevant Federal agencies, may conduct studies 
to determine the net impact and best practices of programs, 
services, and activities carried out under this Act. 
(B) STUDY ON RESOURCES AVAILABLE TO ASSIST DISCON-
NECTED YOUTH.—The Secretary of Labor, in coordination 
with the Secretary of Education, may conduct a study 
examining the characteristics of eligible youth that result 
in such youth being significantly disconnected from edu-
cation and workforce participation, the ways in which such 
youth could have greater opportunities for education attain-
ment and obtaining employment, and the resources avail-
able to assist such youth in obtaining the skills, credentials, 
and work experience necessary to become economically self- 
sufficient. 
(C) STUDY OF EFFECTIVENESS OF WORKFORCE DEVELOP-
MENT SYSTEM IN MEETING BUSINESS NEEDS.—Using funds 
available to carry out this subsection jointly with funds 
available to the Secretary of Commerce, the Administrator 
of the Small Business Administration, and the Secretary 
of Education, the Secretary of Labor, in coordination with 
the Secretary of Commerce, the Administrator of the Small 
Business Administration, and the Secretary of Education, 
may conduct a study of the effectiveness of the workforce 
development system in meeting the needs of business, such 
as through the use of industry or sector partnerships, with 
particular attention to the needs of small business, 
including in assisting workers to obtain the skills needed 
to utilize emerging technologies. 
(D) STUDY ON PARTICIPANTS ENTERING NONTRADITIONAL 
OCCUPATIONS.—The Secretary of Labor, in coordination 
with the Secretary of Education, may conduct a study 
examining the number and percentage of individuals who 
receive employment and training activities and who enter 
nontraditional occupations, successful strategies to place 
and support the retention of individuals in nontraditional 
employment (such as by providing post-placement assist-
ance to participants in the form of exit interviews, men-
toring, networking, and leadership development), and the 
degree to which recipients of employment and training 
activities are informed of the possibility of, or directed 
to begin, training or education needed for entrance into 
nontraditional occupations. 
(E) STUDY
ON
PERFORMANCE
INDICATORS.—The Sec-
retary of Labor, in coordination with the Secretary of Edu-
cation, may conduct studies to determine the feasibility
H. R. 803—147 
of, and potential means to replicate, measuring the com-
pensation, including the wages, benefits, and other incen-
tives provided by an employer, received by program partici-
pants by using data other than or in addition to data 
available through wage records, for potential use as a 
performance indicator. 
(F) STUDY ON JOB TRAINING FOR RECIPIENTS OF PUBLIC 
HOUSING ASSISTANCE.—The Secretary of Labor, in coordina-
tion with the Secretary of Housing and Urban Develop-
ment, may conduct studies to assist public housing authori-
ties to provide, to recipients of public housing assistance, 
job training programs that successfully upgrade job skills 
and employment in, and access to, jobs with opportunity 
for advancement and economic self-sufficiency for such 
recipients. 
(G) STUDY ON IMPROVING EMPLOYMENT PROSPECTS FOR 
OLDER INDIVIDUALS.—The Secretary of Labor, in coordina-
tion with the Secretary of Education and the Secretary 
of Health and Human Services, may conduct studies that 
lead to better design and implementation of, in conjunction 
with employers, local boards or State boards, community 
colleges or area career and technical education schools, 
and other organizations, effective evidence-based strategies 
to provide services to workers who are low-income, low- 
skilled older individuals that increase the workers’ skills 
and employment prospects. 
(H) STUDY
ON
PRIOR
LEARNING.—The Secretary of 
Labor, in coordination with other heads of Federal agencies, 
as appropriate, may conduct studies that, through con-
vening stakeholders from the fields of education, workforce, 
business, labor, defense, and veterans services, and experts 
in such fields, develop guidelines for assessing, accounting 
for, and utilizing the prior learning of individuals, including 
dislocated workers and veterans, in order to provide the 
individuals with postsecondary educational credit for such 
prior learning that leads to the attainment of a recognized 
postsecondary credential identified under section 122(d) 
and employment. 
(I) STUDY ON CAREER PATHWAYS FOR HEALTH CARE PRO-
VIDERS AND PROVIDERS OF EARLY EDUCATION AND CHILD 
CARE.—The Secretary of Labor, in coordination with the 
Secretary of Education and the Secretary of Health and 
Human Services, shall conduct a multistate study to 
develop, implement, and build upon career advancement 
models and practices for low-wage health care providers 
or providers of early education and child care, including 
faculty education and distance education programs. 
(J) STUDY ON EQUIVALENT PAY.—The Secretary shall 
conduct a multistate study to develop and disseminate 
strategies for ensuring that programs and activities carried 
out under this Act are placing individuals in jobs, edu-
cation, and training that lead to equivalent pay for men 
and women, including strategies to increase the participa-
tion of women in high-wage, high-demand occupations in 
which women are underrepresented. 
(K) REPORTS.—The Secretary shall prepare and 
disseminate to the Committee on Health, Education, Labor,
H. R. 803—148 
and Pensions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Representatives, 
and to the public, including through electronic means, 
reports containing the results of the studies conducted 
under this paragraph. 
(5) MULTISTATE PROJECTS.— 
(A) AUTHORITY.—The Secretary may, through grants 
or contracts, carry out multistate projects that require dem-
onstrated expertise that is available at the national level 
to effectively disseminate best practices and models for 
implementing employment and training services, address 
the specialized employment and training needs of par-
ticular service populations, or address industry-wide skill 
shortages, to the extent such projects are consistent with 
the priorities specified in the plan published under para-
graph (1). 
(B) DESIGN OF GRANTS.—Agreements for grants or con-
tracts awarded under this paragraph shall be designed 
to obtain information relating to the provision of services 
under different economic conditions or to various demo-
graphic groups in order to provide guidance at the national 
and State levels about how best to administer specific 
employment and training services. 
(6) LIMITATIONS.— 
(A) 
COMPETITIVE
AWARDS.—A 
grant 
or 
contract 
awarded for carrying out a project under this subsection 
in an amount that exceeds $100,000 shall be awarded 
only on a competitive basis, except that a noncompetitive 
award may be made in the case of a project that is funded 
jointly with other public or private sector entities that 
provide a substantial portion of assistance under the grant 
or contract for the project. 
(B) TIME
LIMITS.—A grant or contract shall not be 
awarded under this subsection to the same organization 
for more than 3 consecutive years unless such grant or 
contract is competitively reevaluated within such period. 
(C) PEER REVIEW.— 
(i) IN GENERAL.—The Secretary shall utilize a peer 
review process— 
(I) to review and evaluate all applications for 
grants in amounts that exceed $500,000 that are 
submitted under this section; and 
(II) to review and designate exemplary and 
promising programs under this section. 
(ii) AVAILABILITY
OF
FUNDS.—The Secretary is 
authorized to use funds provided under this section 
to carry out peer review activities under this subpara-
graph. 
(D) PRIORITY.—In awarding grants or contracts under 
this subsection, priority shall be provided to entities with 
recognized expertise in the methods, techniques, and 
knowledge of workforce investment activities. The Sec-
retary shall establish appropriate time limits for the dura-
tion of such projects. 
(c) DISLOCATED WORKER PROJECTS.—Of the amount made avail-
able pursuant to section 132(a)(2)(A) for any program year, the 
Secretary shall use not more than 10 percent of such amount
H. R. 803—149 
to carry out demonstration and pilot projects, multiservice projects, 
and multistate projects relating to the employment and training 
needs of dislocated workers. Of the requirements of this section, 
such projects shall be subject only to the provisions relating to 
review and evaluation of applications under subsection (b)(6)(C). 
Such projects may include demonstration and pilot projects relating 
to promoting self-employment, promoting job creation, averting dis-
locations, assisting dislocated farmers, assisting dislocated fisher-
men, and promoting public works. Such projects shall be adminis-
tered by the Secretary, acting through the Assistant Secretary 
for Employment and Training. 
SEC. 170. NATIONAL DISLOCATED WORKER GRANTS. 
(a) DEFINITIONS.—In this section: 
(1) EMERGENCY
OR
DISASTER.—The term ‘‘emergency or 
disaster’’ means— 
(A) an emergency or a major disaster, as defined in 
paragraphs (1) and (2), respectively, of section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122 (1) and (2)); or 
(B) an emergency or disaster situation of national 
significance that could result in a potentially large loss 
of employment, as declared or otherwise recognized by 
the chief official of a Federal agency with authority for 
or jurisdiction over the Federal response to the emergency 
or disaster situation. 
(2) DISASTER AREA.—The term ‘‘disaster area’’ means an 
area that has suffered or in which has occurred an emergency 
or disaster. 
(b) IN GENERAL.— 
(1) GRANTS.—The Secretary is authorized to award national 
dislocated worker grants— 
(A) to an entity described in subsection (c)(1)(B) to 
provide employment and training assistance to workers 
affected by major economic dislocations, such as plant clo-
sures, mass layoffs, or closures and realignments of military 
installations; 
(B) to provide assistance to— 
(i) the Governor of any State within the boundaries 
of which is a disaster area, to provide disaster relief 
employment in the disaster area; or 
(ii) the Governor of any State to which a substan-
tial number of workers from an area in which an 
emergency or disaster has been declared or otherwise 
recognized have relocated; 
(C) to provide additional assistance to a State board 
or local board for eligible dislocated workers in a case 
in which the State board or local board has expended 
the funds provided under this section to carry out activities 
described in subparagraphs (A) and (B) and can dem-
onstrate the need for additional funds to provide appro-
priate services for such workers, in accordance with 
requirements prescribed by the Secretary; and 
(D) to provide additional assistance to a State board 
or local board serving an area where— 
(i) a higher-than-average demand for employment 
and training activities for dislocated members of the
H. R. 803—150 
Armed Forces, spouses described in section 3(15)(E), 
or members of the Armed Forces described in sub-
section (c)(2)(A)(iv), exceeds State and local resources 
for providing such activities; and 
(ii) such activities are to be carried out in partner-
ship with the Department of Defense and Department 
of Veterans Affairs transition assistance programs. 
(2) DECISIONS AND OBLIGATIONS.—The Secretary shall issue 
a final decision on an application for a national dislocated 
worker grant under this subsection not later than 45 calendar 
days after receipt of the application. The Secretary shall issue 
a notice of obligation for such grant not later than 10 days 
after the award of such grant. 
(c) EMPLOYMENT AND TRAINING ASSISTANCE REQUIREMENTS.— 
(1) GRANT RECIPIENT ELIGIBILITY.— 
(A) APPLICATION.—To be eligible to receive a grant 
under subsection (b)(1)(A), an entity shall submit an 
application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may 
require. 
(B) ELIGIBLE
ENTITY.—In this paragraph, the term 
‘‘entity’’ means a State, a local board, an entity described 
in section 166(c), an entity determined to be eligible by 
the Governor of the State involved, and any other entity 
that demonstrates to the Secretary the capability to effec-
tively respond to the circumstances relating to particular 
dislocations. 
(2) PARTICIPANT ELIGIBILITY.— 
(A) IN
GENERAL.—In order to be eligible to receive 
employment and training assistance under a national dis-
located worker grant awarded pursuant to subsection 
(b)(1)(A), an individual shall be— 
(i) a dislocated worker; 
(ii) a civilian employee of the Department of 
Defense or the Department of Energy employed at 
a military installation that is being closed, or that 
will undergo realignment, within the next 24 months 
after the date of the determination of eligibility; 
(iii) an individual who is employed in a nonmana-
gerial position with a Department of Defense con-
tractor, who is determined by the Secretary of Defense 
to be at risk of termination from employment as a 
result of reductions in defense expenditures, and whose 
employer is converting operations from defense to non-
defense applications in order to prevent worker layoffs; 
or 
(iv) a member of the Armed Forces who— 
(I) was on active duty or full-time National 
Guard duty; 
(II)(aa) is involuntarily separated (as defined 
in section 1141 of title 10, United States Code) 
from active duty or full-time National Guard duty; 
or 
(bb) is separated from active duty or full-time 
National Guard duty pursuant to a special separa-
tion benefits program under section 1174a of title
H. R. 803—151 
10, United States Code, or the voluntary separa-
tion incentive program under section 1175 of that 
title; 
(III) is not entitled to retired or retained pay 
incident to the separation described in subclause 
(II); and 
(IV) applies for such employment and training 
assistance before the end of the 180-day period 
beginning on the date of that separation. 
(B) 
RETRAINING
ASSISTANCE.—The 
individuals 
described in subparagraph (A)(iii) shall be eligible for 
retraining assistance to upgrade skills by obtaining market-
able skills needed to support the conversion described in 
subparagraph (A)(iii). 
(C) ADDITIONAL REQUIREMENTS.—The Secretary shall 
establish and publish additional requirements related to 
eligibility for employment and training assistance under 
the national dislocated worker grants to ensure effective 
use of the funds available for this purpose. 
(D) DEFINITIONS.—In this paragraph, the terms ‘‘mili-
tary installation’’ and ‘‘realignment’’ have the meanings 
given the terms in section 2910 of the Defense Base Closure 
and Realignment Act of 1990 (Public Law 101–510; 10 
U.S.C. 2687 note). 
(d) DISASTER
RELIEF
EMPLOYMENT
ASSISTANCE
REQUIRE-
MENTS.— 
(1) IN GENERAL.—Funds made available under subsection 
(b)(1)(B)— 
(A) shall be used, in coordination with the Adminis-
trator of the Federal Emergency Management Agency, as 
applicable, to provide disaster relief employment on projects 
that provide food, clothing, shelter, and other humanitarian 
assistance for emergency and disaster victims, and projects 
regarding demolition, cleaning, repair, renovation, and 
reconstruction of damaged and destroyed structures, facili-
ties, and lands located within the disaster area and in 
offshore areas related to the emergency or disaster; 
(B) may be expended through public and private agen-
cies and organizations engaged in such projects; and 
(C) may be expended to provide employment and 
training activities. 
(2) ELIGIBILITY.—An individual shall be eligible to be 
offered disaster relief employment under subsection (b)(1)(B) 
if such individual— 
(A) is a dislocated worker; 
(B) is a long-term unemployed individual; 
(C) is temporarily or permanently laid off as a con-
sequence of the emergency or disaster; or 
(D) in the case of an individual who is self-employed, 
becomes unemployed or significantly underemployed as a 
result of the emergency or disaster. 
(3) LIMITATIONS ON DISASTER RELIEF EMPLOYMENT.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), no individual shall be employed under subsection 
(b)(1)(B) for more than 12 months for work related to 
recovery from a single emergency or disaster.
H. R. 803—152 
(B) EXTENSION.—At the request of a State, the Sec-
retary may extend such employment, related to recovery 
from a single emergency or disaster involving the State, 
for not more than an additional 12 months. 
(4) USE OF AVAILABLE FUNDS.—Funds made available under 
subsection (b)(1)(B) shall be available to assist workers 
described in paragraph (2) who are affected by an emergency 
or disaster, including workers who have relocated from an 
area in which an emergency or disaster has been declared 
or otherwise recognized, as appropriate. Under conditions deter-
mined by the Secretary and following notification to the Sec-
retary, a State may use such funds, that are appropriated 
for any fiscal year and available for expenditure under any 
grant awarded to the State under this section, to provide any 
assistance authorized under this subsection. Funds used pursu-
ant to the authority provided under this paragraph shall be 
subject to the liability and reimbursement requirements 
described in paragraph (5). 
(5) LIABILITY AND REIMBURSEMENT.—Nothing in this Act 
shall be construed to relieve liability, by a responsible party 
that is liable under Federal law, for any costs incurred by 
the United States under subsection (b)(1)(B) or this subsection, 
including the responsibility to provide reimbursement for such 
costs to the United States. 
SEC. 171. YOUTHBUILD PROGRAM. 
(a) STATEMENT OF PURPOSE.—The purposes of this section are— 
(1) to enable disadvantaged youth to obtain the education 
and employment skills necessary to achieve economic self-suffi-
ciency in occupations in demand and postsecondary education 
and training opportunities; 
(2) to provide disadvantaged youth with opportunities for 
meaningful work and service to their communities; 
(3) to foster the development of employment and leadership 
skills and commitment to community development among youth 
in low-income communities; 
(4) to expand the supply of permanent affordable housing 
for homeless individuals and low-income families by utilizing 
the energies and talents of disadvantaged youth; and 
(5) to improve the quality and energy efficiency of commu-
nity and other nonprofit and public facilities, including those 
facilities that are used to serve homeless and low-income fami-
lies. 
(b) DEFINITIONS.—In this section: 
(1) ADJUSTED INCOME.—The term ‘‘adjusted income’’ has 
the meaning given the term in section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 1437a(b)). 
(2) APPLICANT.—The term ‘‘applicant’’ means an eligible 
entity that has submitted an application under subsection (c). 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 
public or private nonprofit agency or organization (including 
a consortium of such agencies or organizations), including— 
(A) a community-based organization; 
(B) a faith-based organization; 
(C) an entity carrying out activities under this title, 
such as a local board; 
(D) a community action agency;
H. R. 803—153 
(E) a State or local housing development agency; 
(F) an Indian tribe or other agency primarily serving 
Indians; 
(G) a community development corporation; 
(H) a State or local youth service or conservation corps; 
and 
(I) any other entity eligible to provide education or 
employment training under a Federal program (other than 
the program carried out under this section). 
(4) HOMELESS INDIVIDUAL.—The term ‘‘homeless individual’’ 
means a homeless individual (as defined in section 41403(6) 
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e– 
2(6))) or a homeless child or youth (as defined in section 725(2) 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11434a(2))). 
(5) HOUSING DEVELOPMENT AGENCY.—The term ‘‘housing 
development agency’’ means any agency of a State or local 
government, or any private nonprofit organization, that is 
engaged in providing housing for homeless individuals or low- 
income families. 
(6) INCOME.—The term ‘‘income’’ has the meaning given 
the term in section 3(b) of the United States Housing Act 
of 1937 (42 U.S.C. 1437a(b)). 
(7) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ and ‘‘Indian 
tribe’’ have the meanings given such terms in section 4 of 
the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b). 
(8) LOW-INCOME
FAMILY.—The term ‘‘low-income family’’ 
means a family described in section 3(b)(2) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)). 
(9) QUALIFIED
NATIONAL
NONPROFIT
AGENCY.—The term 
‘‘qualified national nonprofit agency’’ means a nonprofit agency 
that— 
(A) has significant national experience providing serv-
ices consisting of training, information, technical assist-
ance, and data management to YouthBuild programs or 
similar projects; and 
(B) has the capacity to provide those services. 
(10) REGISTERED
APPRENTICESHIP
PROGRAM.—The term 
‘‘registered apprenticeship program’’ means an apprenticeship 
program— 
(A) registered under the Act of August 16, 1937 (com-
monly known as the ‘‘National Apprenticeship Act’’; 50 
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and 
(B) that meets such other criteria as may be estab-
lished by the Secretary under this section. 
(11) TRANSITIONAL
HOUSING.—The term ‘‘transitional 
housing’’ has the meaning given the term in section 401(29) 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11360(29)). 
(12) YOUTHBUILD PROGRAM.—The term ‘‘YouthBuild pro-
gram’’ means any program that receives assistance under this 
section and provides disadvantaged youth with opportunities 
for employment, education, leadership development, and 
training through the rehabilitation (which, for purposes of this 
section, shall include energy efficiency enhancements) or
H. R. 803—154 
construction of housing for homeless individuals and low-income 
families, and of public facilities. 
(c) YOUTHBUILD GRANTS.— 
(1) AMOUNTS OF GRANTS.—The Secretary is authorized to 
make grants to applicants for the purpose of carrying out 
YouthBuild programs approved under this section. 
(2) ELIGIBLE ACTIVITIES.—An entity that receives a grant 
under this subsection shall use the funds made available 
through the grant to carry out a YouthBuild program, which 
may include the following activities: 
(A) Education and workforce investment activities 
including— 
(i) work experience and skills training (coordi-
nated, 
to 
the 
maximum 
extent 
feasible, 
with 
preapprenticeship and registered apprenticeship pro-
grams) in the activities described in subparagraphs 
(B) and (C) related to rehabilitation or construction, 
and, if approved by the Secretary, in additional in- 
demand industry sectors or occupations in the region 
in which the program operates; 
(ii) occupational skills training; 
(iii) other paid and unpaid work experiences, 
including internships and job shadowing; 
(iv) services and activities designed to meet the 
educational needs of participants, including— 
(I) basic skills instruction and remedial edu-
cation; 
(II) language instruction educational programs 
for 
participants 
who 
are 
English 
language 
learners; 
(III) secondary education services and activi-
ties, including tutoring, study skills training, and 
school dropout prevention and recovery activities, 
designed to lead to the attainment of a secondary 
school diploma or its recognized equivalent 
(including recognized certificates of attendance or 
similar documents for individuals with disabil-
ities); 
(IV) counseling and assistance in obtaining 
postsecondary education and required financial 
aid; and 
(V) alternative secondary school services; 
(v) counseling services and related activities, such 
as comprehensive guidance and counseling on drug 
and alcohol abuse and referral; 
(vi) activities designed to develop employment and 
leadership skills, which may include community service 
and peer-centered activities encouraging responsibility 
and other positive social behaviors, and activities 
related to youth policy committees that participate in 
decision-making related to the program; 
(vii) supportive services and provision of need- 
based stipends necessary to enable individuals to 
participate in the program and to assist individuals, 
for a period not to exceed 12 months after the comple-
tion of training, in obtaining or retaining employment,
H. R. 803—155 
or applying for and transitioning to postsecondary edu-
cation or training; and 
(viii) job search and assistance. 
(B) Supervision and training for participants in the 
rehabilitation or construction of housing, including residen-
tial housing for homeless individuals or low-income fami-
lies, or transitional housing for homeless individuals, and, 
if approved by the Secretary, in additional in-demand 
industry sectors or occupations in the region in which the 
program operates. 
(C) Supervision and training for participants— 
(i) in the rehabilitation or construction of commu-
nity and other public facilities, except that not more 
than 15 percent of funds appropriated to carry out 
this section may be used for such supervision and 
training; and 
(ii) if approved by the Secretary, in additional in- 
demand industry sectors or occupations in the region 
in which the program operates. 
(D) Payment of administrative costs of the applicant, 
including recruitment and selection of participants, except 
that not more than 10 percent of the amount of assistance 
provided under this subsection to the grant recipient may 
be used for such costs. 
(E) Adult mentoring. 
(F) Provision of wages, stipends, or benefits to partici-
pants in the program. 
(G) Ongoing training and technical assistance that are 
related to developing and carrying out the program. 
(H) Follow-up services. 
(3) APPLICATION.— 
(A) FORM AND PROCEDURE.—To be qualified to receive 
a grant under this subsection, an eligible entity shall 
submit an application at such time, in such manner, and 
containing such information as the Secretary may require. 
(B) MINIMUM
REQUIREMENTS.—The Secretary shall 
require that the application contain, at a minimum— 
(i) labor market information for the labor market 
area where the proposed program will be implemented, 
including both current data (as of the date of submis-
sion of the application) and projections on career 
opportunities in construction and in-demand industry 
sectors or occupations; 
(ii) a request for the grant, specifying the amount 
of the grant requested and its proposed uses; 
(iii) a description of the applicant and a statement 
of its qualifications, including a description of the 
applicant’s relationship with local boards, one-stop 
operators, local unions, entities carrying out registered 
apprenticeship programs, other community groups, and 
employers, and the applicant’s past experience, if any, 
with rehabilitation or construction of housing or public 
facilities, and with youth education and employment 
training programs; 
(iv) a description of the proposed site for the pro-
posed program;
H. R. 803—156 
(v) a description of the educational and job training 
activities, work opportunities, postsecondary education 
and training opportunities, and other services that will 
be provided to participants, and how those activities, 
opportunities, and services will prepare youth for 
employment in in-demand industry sectors or occupa-
tions in the labor market area described in clause 
(i); 
(vi)(I) a description of the proposed activities to 
be undertaken under the grant related to rehabilitation 
or construction, and, in the case of an applicant 
requesting approval from the Secretary to also carry 
out additional activities related to in-demand industry 
sectors or occupations, a description of such additional 
proposed activities; and 
(II) the anticipated schedule for carrying out all 
activities proposed under subclause (I); 
(vii) a description of the manner in which eligible 
youth will be recruited and selected as participants, 
including a description of arrangements that will be 
made with local boards, one-stop operators, faith- and 
community-based 
organizations, 
State 
educational 
agencies or local educational agencies (including agen-
cies of Indian tribes), public assistance agencies, the 
courts of jurisdiction, agencies operating shelters for 
homeless individuals and other agencies that serve 
youth who are homeless individuals, foster care agen-
cies, and other appropriate public and private agencies; 
(viii) a description of the special outreach efforts 
that will be undertaken to recruit eligible young women 
(including young women with dependent children) as 
participants; 
(ix) a description of the specific role of employers 
in the proposed program, such as their role in devel-
oping the proposed program and assisting in service 
provision and in placement activities; 
(x) a description of how the proposed program will 
be coordinated with other Federal, State, and local 
activities and activities conducted by Indian tribes, 
such as local workforce investment activities, career 
and technical education and training programs, adult 
and language instruction educational programs, activi-
ties conducted by public schools, activities conducted 
by community colleges, national service programs, and 
other job training provided with funds available under 
this title; 
(xi) assurances that there will be a sufficient 
number of adequately trained supervisory personnel 
in the proposed program; 
(xii) a description of the levels of performance to 
be achieved with respect to the primary indicators 
of performance for eligible youth described in section 
116(b)(2)(A)(ii); 
(xiii) a description of the applicant’s relationship 
with local building trade unions regarding their 
involvement in training to be provided through the 
proposed program, the relationship of the proposed
H. R. 803—157 
program to established registered apprenticeship pro-
grams and employers, the ability of the applicant to 
grant an industry-recognized certificate or certification 
through the program, and the quality of the program 
leading to the certificate or certification; 
(xiv) a description of activities that will be under-
taken to develop the leadership skills of participants; 
(xv) a detailed budget and a description of the 
system of fiscal controls, and auditing and account-
ability procedures, that will be used to ensure fiscal 
soundness for the proposed program; 
(xvi) a description of the commitments for any 
additional resources (in addition to the funds made 
available through the grant) to be made available to 
the proposed program from— 
(I) the applicant; 
(II) recipients of other Federal, State, or local 
housing and community development assistance 
that will sponsor any part of the rehabilitation 
or construction, operation and maintenance, or 
other housing and community development activi-
ties undertaken as part of the proposed program; 
or 
(III) entities carrying out other Federal, State, 
or local activities or activities conducted by Indian 
tribes, including career and technical education 
and training programs, adult and language 
instruction educational programs, and job training 
provided with funds available under this title; 
(xvii) information identifying, and a description 
of, the financing proposed for any— 
(I) rehabilitation of the property involved; 
(II) acquisition of the property; or 
(III) construction of the property; 
(xviii) information identifying, and a description 
of, the entity that will operate and manage the prop-
erty; 
(xix) information identifying, and a description of, 
the data collection systems to be used; 
(xx) a certification, by a public official responsible 
for the housing strategy for the State or unit of general 
local government within which the proposed program 
is located, that the proposed program is consistent 
with the housing strategy; and 
(xxi) a certification that the applicant will comply 
with the requirements of the Fair Housing Act (42 
U.S.C. 3601 et seq.) and will affirmatively further fair 
housing. 
(4) SELECTION CRITERIA.—For an applicant to be eligible 
to receive a grant under this subsection, the applicant and 
the applicant’s proposed program shall meet such selection 
criteria as the Secretary shall establish under this section, 
which shall include criteria relating to— 
(A) the qualifications or potential capabilities of an 
applicant; 
(B) an applicant’s potential for developing a successful 
YouthBuild program;
H. R. 803—158 
(C) the need for an applicant’s proposed program, as 
determined by the degree of economic distress of the 
community from which participants would be recruited 
(measured by indicators such as poverty, youth unemploy-
ment, and the number of individuals who have dropped 
out of secondary school) and of the community in which 
the housing and community and public facilities proposed 
to be rehabilitated or constructed is located (measured 
by indicators such as incidence of homelessness, shortage 
of affordable housing, and poverty); 
(D) the commitment of an applicant to providing skills 
training, leadership development, and education to partici-
pants; 
(E) the focus of a proposed program on preparing youth 
for in-demand industry sectors or occupations, or postsec-
ondary education and training opportunities; 
(F) the extent of an applicant’s coordination of activities 
to be carried out through the proposed program with local 
boards, one-stop operators, and one-stop partners partici-
pating in the operation of the one-stop delivery system 
involved, or the extent of the applicant’s good faith efforts 
in achieving such coordination; 
(G) the extent of the applicant’s coordination of activi-
ties with public education, criminal justice, housing and 
community development, national service, or postsecondary 
education or other systems that relate to the goals of the 
proposed program; 
(H) the extent of an applicant’s coordination of activi-
ties with employers in the local area involved; 
(I) the extent to which a proposed program provides 
for inclusion of tenants who were previously homeless 
individuals in the rental housing provided through the 
program; 
(J) the commitment of additional resources (in addition 
to the funds made available through the grant) to a pro-
posed program by— 
(i) an applicant; 
(ii) recipients of other Federal, State, or local 
housing and community development assistance who 
will sponsor any part of the rehabilitation or construc-
tion, operation and maintenance, or other housing and 
community development activities undertaken as part 
of the proposed program; or 
(iii) entities carrying out other Federal, State, or 
local activities or activities conducted by Indian tribes, 
including career and technical education and training 
programs, adult and language instruction educational 
programs, and job training provided with funds avail-
able under this title; 
(K) the applicant’s potential to serve different regions, 
including rural areas and States that have not previously 
received grants for YouthBuild programs; and 
(L) such other factors as the Secretary determines to 
be appropriate for purposes of carrying out the proposed 
program in an effective and efficient manner. 
(5) APPROVAL.—To the extent practicable, the Secretary 
shall notify each applicant, not later than 5 months after the
H. R. 803—159 
date of receipt of the application by the Secretary, whether 
the application is approved or not approved. 
(d) USE OF HOUSING UNITS.—Residential housing units rehabili-
tated or constructed using funds made available under subsection 
(c), shall be available solely— 
(1) for rental by, or sale to, homeless individuals or low- 
income families; or 
(2) for use as transitional or permanent housing, for the 
purpose of assisting in the movement of homeless individuals 
to independent living. 
(e) ADDITIONAL PROGRAM REQUIREMENTS.— 
(1) ELIGIBLE PARTICIPANTS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), an individual may participate in a YouthBuild program 
only if such individual is— 
(i) not less than age 16 and not more than age 
24, on the date of enrollment; 
(ii) a member of a low-income family, a youth 
in foster care (including youth aging out of foster care), 
a youth offender, a youth who is an individual with 
a disability, a child of incarcerated parents, or a 
migrant youth; and 
(iii) a school dropout, or an individual who was 
a school dropout and has subsequently reenrolled. 
(B) EXCEPTION FOR INDIVIDUALS NOT MEETING INCOME 
OR EDUCATIONAL NEED REQUIREMENTS.—Not more than 25 
percent of the participants in such program may be individ-
uals who do not meet the requirements of clause (ii) or 
(iii) of subparagraph (A), but who— 
(i) are basic skills deficient, despite attainment 
of a secondary school diploma or its recognized equiva-
lent (including recognized certificates of attendance or 
similar documents for individuals with disabilities); 
or 
(ii) have been referred by a local secondary school 
for participation in a YouthBuild program leading to 
the attainment of a secondary school diploma. 
(2) PARTICIPATION
LIMITATION.—An eligible individual 
selected for participation in a YouthBuild program shall be 
offered full-time participation in the program for a period of 
not less than 6 months and not more than 24 months. 
(3) MINIMUM TIME DEVOTED TO EDUCATIONAL SERVICES AND 
ACTIVITIES.—A YouthBuild program receiving assistance under 
subsection (c) shall be structured so that participants in the 
program are offered— 
(A) education and related services and activities 
designed to meet educational needs, such as those specified 
in clauses (iv) through (vii) of subsection (c)(2)(A), during 
at least 50 percent of the time during which the partici-
pants participate in the program; and 
(B) work and skill development activities, such as those 
specified in clauses (i), (ii), (iii), and (viii) of subsection 
(c)(2)(A), during at least 40 percent of the time during 
which the participants participate in the program. 
(4) AUTHORITY RESTRICTION.—No provision of this section 
may be construed to authorize any agency, officer, or employee 
of the United States to exercise any direction, supervision,
H. R. 803—160 
or control over the curriculum, program of instruction, adminis-
tration, or personnel of any educational institution (including 
a school) or school system, or over the selection of library 
resources, textbooks, or other printed or published instructional 
materials by any educational institution or school system. 
(5) STATE
AND
LOCAL
STANDARDS.—All educational pro-
grams and activities supported with funds provided under sub-
section (c) shall be consistent with applicable State and local 
educational standards. Standards and procedures for the pro-
grams and activities that relate to awarding academic credit 
for and certifying educational attainment in such programs 
and activities shall be consistent with applicable State and 
local educational standards. 
(f) LEVELS OF PERFORMANCE AND INDICATORS.— 
(1) IN GENERAL.—The Secretary shall annually establish 
expected levels of performance for YouthBuild programs 
relating to each of the primary indicators of performance for 
eligible youth activities described in section 116(b)(2)(A)(ii). 
(2) ADDITIONAL INDICATORS.—The Secretary may establish 
expected levels of performance for additional indicators for 
YouthBuild programs, as the Secretary determines appropriate. 
(g) MANAGEMENT AND TECHNICAL ASSISTANCE.— 
(1) SECRETARY ASSISTANCE.—The Secretary may enter into 
contracts with 1 or more entities to provide assistance to the 
Secretary in the management, supervision, and coordination 
of the program carried out under this section. 
(2) TECHNICAL ASSISTANCE.— 
(A) CONTRACTS
AND
GRANTS.—The Secretary shall 
enter into contracts with or make grants to 1 or more 
qualified national nonprofit agencies, in order to provide 
training, information, technical assistance, program evalua-
tion, and data management to recipients of grants under 
subsection (c). 
(B) RESERVATION OF FUNDS.—Of the amounts available 
under subsection (i) to carry out this section for a fiscal 
year, the Secretary shall reserve 5 percent to carry out 
subparagraph (A). 
(3) CAPACITY BUILDING GRANTS.— 
(A) IN GENERAL.—In each fiscal year, the Secretary 
may use not more than 3 percent of the amounts available 
under subsection (i) to award grants to 1 or more qualified 
national nonprofit agencies to pay for the Federal share 
of the cost of capacity building activities. 
(B) FEDERAL SHARE.—The Federal share of the cost 
described in subparagraph (A) shall be 25 percent. The 
non-Federal share shall be provided from private sources. 
(h) SUBGRANTS
AND CONTRACTS.—Each recipient of a grant 
under subsection (c) to carry out a YouthBuild program shall pro-
vide the services and activities described in this section directly 
or through subgrants, contracts, or other arrangements with local 
educational agencies, institutions of higher education, State or local 
housing development agencies, other public agencies, including 
agencies of Indian tribes, or private organizations. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $77,534,000 for fiscal year 2015; 
(2) $83,523,000 for fiscal year 2016;
H. R. 803—161 
(3) $85,256,000 for fiscal year 2017; 
(4) $87,147,000 for fiscal year 2018; 
(5) $89,196,000 for fiscal year 2019; and 
(6) $91,087,000 for fiscal year 2020. 
SEC. 172. AUTHORIZATION OF APPROPRIATIONS. 
(a) NATIVE AMERICAN PROGRAMS.—There are authorized to be 
appropriated to carry out section 166 (not including subsection 
(k) of such section)— 
(1) $46,082,000 for fiscal year 2015; 
(2) $49,641,000 for fiscal year 2016; 
(3) $50,671,000 for fiscal year 2017; 
(4) $51,795,000 for fiscal year 2018; 
(5) $53,013,000 for fiscal year 2019; and 
(6) $54,137,000 for fiscal year 2020. 
(b) MIGRANT AND SEASONAL FARMWORKER PROGRAMS.—There 
are authorized to be appropriated to carry out section 167— 
(1) $81,896,000 for fiscal year 2015; 
(2) $88,222,000 for fiscal year 2016; 
(3) $90,052,000 for fiscal year 2017; 
(4) $92,050,000 for fiscal year 2018; 
(5) $94,214,000 for fiscal year 2019; and 
(6) $96,211,000 for fiscal year 2020. 
(c) TECHNICAL ASSISTANCE.—There are authorized to be appro-
priated to carry out section 168— 
(1) $3,000,000 for fiscal year 2015; 
(2) $3,232,000 for fiscal year 2016; 
(3) $3,299,000 for fiscal year 2017; 
(4) $3,372,000 for fiscal year 2018; 
(5) $3,451,000 for fiscal year 2019; and 
(6) $3,524,000 for fiscal year 2020. 
(d) EVALUATIONS AND RESEARCH.—There are authorized to be 
appropriated to carry out section 169— 
(1) $91,000,000 for fiscal year 2015; 
(2) $98,029,000 for fiscal year 2016; 
(3) $100,063,000 for fiscal year 2017; 
(4) $102,282,000 for fiscal year 2018; 
(5) $104,687,000 for fiscal year 2019; and 
(6) $106,906,000 for fiscal year 2020. 
(e) ASSISTANCE FOR VETERANS.—If, as of the date of enactment 
of this Act, any unobligated funds appropriated to carry out section 
168 of the Workforce Investment Act of 1998, as in effect on the 
day before the date of enactment of this Act, remain available, 
the Secretary of Labor shall continue to use such funds to carry 
out such section, as in effect on such day, until all of such funds 
are expended. 
(f) ASSISTANCE
FOR ELIGIBLE WORKERS.—If, as of the date 
of enactment of this Act, any unobligated funds appropriated to 
carry out subsections (f) and (g) of section 173 of the Workforce 
Investment Act of 1998, as in effect on the day before the date 
of enactment of this Act, remain available, the Secretary of Labor 
shall continue to use such funds to carry out such subsections, 
as in effect on such day, until all of such funds are expended.
H. R. 803—162 
Subtitle E—Administration 
SEC. 181. REQUIREMENTS AND RESTRICTIONS. 
(a) BENEFITS.— 
(1) WAGES.— 
(A) IN GENERAL.—Individuals in on-the-job training or 
individuals employed in activities under this title shall 
be compensated at the same rates, including periodic 
increases, as trainees or employees who are similarly situ-
ated in similar occupations by the same employer and 
who have similar training, experience, and skills, and such 
rates shall be in accordance with applicable law, but in 
no event 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 applicable State or local min-
imum wage law. 
(B) 
RULE
OF
CONSTRUCTION.—The 
reference 
in 
subparagraph (A) to section 6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(a)(1)) shall not be applicable 
for individuals in territorial jurisdictions in which section 
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(a)(1)) does not apply. 
(2) TREATMENT
OF
ALLOWANCES, EARNINGS, AND
PAY-
MENTS.—Allowances, earnings, and payments to individuals 
participating in programs under this title shall not be consid-
ered as income for the purposes of determining eligibility for 
and the amount of income transfer and in-kind aid furnished 
under any Federal or federally assisted program based on need, 
other than as provided under the Social Security Act (42 U.S.C. 
301 et seq.). 
(b) LABOR STANDARDS.— 
(1) LIMITATIONS
ON
ACTIVITIES
THAT
IMPACT
WAGES
OF 
EMPLOYEES.—No funds provided under this title shall be used 
to pay the wages of incumbent employees during their participa-
tion in economic development activities provided through a 
statewide workforce development system. 
(2) DISPLACEMENT.— 
(A) PROHIBITION.—A participant in a program or 
activity authorized under this title (referred to in this 
section as a ‘‘specified activity’’) shall not displace 
(including a partial displacement, such as a reduction in 
the hours of nonovertime work, wages, or employment bene-
fits) any currently employed employee (as of the date of 
the participation). 
(B) PROHIBITION
ON
IMPAIRMENT
OF
CONTRACTS.—A 
specified activity shall not impair an existing contract for 
services or collective bargaining agreement, and no such 
activity that would be inconsistent with the terms of a 
collective bargaining agreement shall be undertaken with-
out the written concurrence of the labor organization and 
employer concerned. 
(3) OTHER
PROHIBITIONS.—A participant in a specified 
activity shall not be employed in a job if— 
(A) any other individual is on layoff from the same 
or any substantially equivalent job;
H. R. 803—163 
(B) the employer has terminated the employment of 
any regular employee or otherwise reduced the workforce 
of the employer with the intention of filling the vacancy 
so created with the participant; or 
(C) the job is created in a promotional line that will 
infringe in any way upon the promotional opportunities 
of currently employed individuals (as of the date of the 
participation). 
(4) HEALTH
AND
SAFETY.—Health and safety standards 
established under Federal and State law otherwise applicable 
to working conditions of employees shall be equally applicable 
to working conditions of participants engaged in specified activi-
ties. To the extent that a State workers’ compensation law 
applies, workers’ compensation shall be provided to participants 
on the same basis as the compensation is provided to other 
individuals in the State in similar employment. 
(5) EMPLOYMENT
CONDITIONS.—Individuals in on-the-job 
training or individuals employed in programs and activities 
under this title shall be provided benefits and working condi-
tions at the same level and to the same extent as other trainees 
or employees working a similar length of time and doing the 
same type of work. 
(6) OPPORTUNITY TO SUBMIT COMMENTS.—Interested mem-
bers of the public, including representatives of businesses and 
of labor organizations, shall be provided an opportunity to 
submit comments to the Secretary with respect to programs 
and activities proposed to be funded under subtitle B. 
(7) NO IMPACT ON UNION ORGANIZING.—Each recipient of 
funds under this title shall provide to the Secretary assurances 
that none of such funds will be used to assist, promote, or 
deter union organizing. 
(c) GRIEVANCE PROCEDURE.— 
(1) IN GENERAL.—Each State and local area receiving an 
allotment or allocation under this title shall establish and main-
tain a procedure for grievances or complaints alleging violations 
of the requirements of this title from participants and other 
interested or affected parties. Such procedure shall include 
an opportunity for a hearing and be completed within 60 days 
after the filing of the grievance or complaint. 
(2) INVESTIGATION.— 
(A) IN GENERAL.—The Secretary shall investigate an 
allegation of a violation described in paragraph (1) if— 
(i) a decision relating to such violation has not 
been reached within 60 days after the date of the 
filing of the grievance or complaint and either party 
appeals to the Secretary; or 
(ii) a decision relating to such violation has been 
reached within such 60 days and the party to which 
such decision is adverse appeals such decision to the 
Secretary. 
(B) ADDITIONAL
REQUIREMENT.—The Secretary shall 
make a final determination relating to an appeal made 
under subparagraph (A) no later than 120 days after 
receiving such appeal. 
(3) REMEDIES.—Remedies that may be imposed under this 
section for a violation of any requirement of this title shall 
be limited—
H. R. 803—164 
(A) to suspension or termination of payments under 
this title; 
(B) to prohibition of placement of a participant with 
an employer that has violated any requirement under this 
title; 
(C) where applicable, to reinstatement of an employee, 
payment of lost wages and benefits, and reestablishment 
of other relevant terms, conditions, and privileges of 
employment; and 
(D) where appropriate, to other equitable relief. 
(4) RULE
OF
CONSTRUCTION.—Nothing in paragraph (3) 
shall be construed to prohibit a grievant or complainant from 
pursuing a remedy authorized under another Federal, State, 
or local law for a violation of this title. 
(d) RELOCATION.— 
(1) PROHIBITION
ON
USE
OF
FUNDS
TO
ENCOURAGE
OR 
INDUCE RELOCATION.—No funds provided under this title shall 
be used, or proposed for use, to encourage or induce the reloca-
tion of a business or part of a business if such relocation 
would result in a loss of employment for any employee of 
such business at the original location and such original location 
is within the United States. 
(2) PROHIBITION ON USE OF FUNDS AFTER RELOCATION.— 
No funds provided under this title for an employment or 
training activity shall be used for customized or skill training, 
on-the-job training, incumbent worker training, transitional 
employment, or company-specific assessments of job applicants 
or employees, for any business or part of a business that has 
relocated, until the date that is 120 days after the date on 
which such business commences operations at the new location, 
if the relocation of such business or part of a business results 
in a loss of employment for any employee of such business 
at the original location and such original location is within 
the United States. 
(3) REPAYMENT.—If the Secretary determines that a viola-
tion of paragraph (1) or (2) has occurred, the Secretary shall 
require the State that has violated such paragraph (or that 
has provided funding to an entity that has violated such para-
graph) to repay to the United States an amount equal to 
the amount expended in violation of such paragraph. 
(e) LIMITATION ON USE OF FUNDS.—No funds available to carry 
out an activity under this title shall be used for employment gener-
ating activities, investment in revolving loan funds, capitalization 
of businesses, investment in contract bidding resource centers, eco-
nomic development activities, or similar activities, that are not 
directly related to training for eligible individuals under this title. 
No funds received to carry out an activity under subtitle B shall 
be used for foreign travel. 
(f) TESTING AND SANCTIONING FOR USE OF CONTROLLED SUB-
STANCES.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, a State shall not be prohibited by the Federal Government 
from— 
(A) testing participants in programs under subtitle B 
for the use of controlled substances; and 
(B) sanctioning such participants who test positive for 
the use of such controlled substances.
H. R. 803—165 
(2) ADDITIONAL REQUIREMENTS.— 
(A) PERIOD OF SANCTION.—In sanctioning participants 
in a program under subtitle B who test positive for the 
use of controlled substances— 
(i) with respect to the first occurrence for which 
a participant tests positive, a State may exclude the 
participant from the program for a period not to exceed 
6 months; and 
(ii) with respect to the second occurrence and each 
subsequent occurrence for which a participant tests 
positive, a State may exclude the participant from 
the program for a period not to exceed 2 years. 
(B) APPEAL.—The testing of participants and the 
imposition of sanctions under this subsection shall be sub-
ject to expeditious appeal in accordance with due process 
procedures established by the State. 
(C) PRIVACY.—A State shall establish procedures for 
testing participants for the use of controlled substances 
that ensure a maximum degree of privacy for the partici-
pants. 
(3) FUNDING REQUIREMENT.—In testing and sanctioning of 
participants for the use of controlled substances in accordance 
with this subsection, the only Federal funds that a State may 
use are the amounts made available for the administration 
of statewide workforce investment activities under section 
134(a)(3)(B). 
(g) SUBGRANT AUTHORITY.—A recipient of grant funds under 
this title shall have the authority to enter into subgrants in order 
to carry out the grant, subject to such conditions as the Secretary 
may establish. 
SEC. 182. PROMPT ALLOCATION OF FUNDS. 
(a) ALLOTMENTS BASED ON LATEST AVAILABLE DATA.—All allot-
ments to States and grants to outlying areas under this title shall 
be based on the latest available data and estimates satisfactory 
to the Secretary. All data relating to disadvantaged adults and 
disadvantaged youth shall be based on the most recent satisfactory 
data from the Bureau of the Census. 
(b) PUBLICATION IN FEDERAL REGISTER RELATING TO FORMULA 
FUNDS.—Whenever the Secretary allots funds required to be allotted 
under this title, the Secretary shall publish in a timely fashion 
in the Federal Register the amount proposed to be distributed 
to each recipient of the funds. 
(c) REQUIREMENT FOR FUNDS DISTRIBUTED BY FORMULA.—All 
funds required to be allotted under section 127 or 132 shall be 
allotted within 45 days after the date of enactment of the Act 
appropriating the funds, except that, if such funds are appropriated 
in advance as authorized by section 189(g), such funds shall be 
allotted or allocated not later than the March 31 preceding the 
program year for which such funds are to be available for obligation. 
(d) PUBLICATION IN FEDERAL REGISTER RELATING TO DISCRE-
TIONARY FUNDS.—Whenever the Secretary utilizes a formula to 
allot or allocate funds made available for distribution at the Sec-
retary’s discretion under this title, the Secretary shall, not later 
than 30 days prior to such allotment or allocation, publish for 
comment in the Federal Register the formula, the rationale for 
the formula, and the proposed amounts to be distributed to each