[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 803 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 25, 2014.
Resolved, That the bill from the House of Representatives (H.R.
803) entitled ``An Act to reform and strengthen the workforce
investment system of the Nation to put Americans back to work and make
the United States more competitive in the 21st century.'', do pass with
the following
AMENDMENTS:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
Chapter 1--State Provisions
Sec. 101. State workforce development boards.
Sec. 102. Unified State plan.
Sec. 103. Combined State plan.
Chapter 2--Local Provisions
Sec. 106. Workforce development areas.
Sec. 107. Local workforce development boards.
Sec. 108. Local plan.
Chapter 3--Board Provisions
Sec. 111. Funding of State and local boards.
Chapter 4--Performance Accountability
Sec. 116. Performance accountability system.
Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 126. General authorization.
Sec. 127. State allotments.
Sec. 128. Within State allocations.
Sec. 129. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 131. General authorization.
Sec. 132. State allotments.
Sec. 133. Within State allocations.
Sec. 134. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 136. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 141. Purposes.
Sec. 142. Definitions.
Sec. 143. Establishment.
Sec. 144. Individuals eligible for the Job Corps.
Sec. 145. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 146. Enrollment.
Sec. 147. Job Corps centers.
Sec. 148. Program activities.
Sec. 149. Counseling and job placement.
Sec. 150. Support.
Sec. 151. Operations.
Sec. 152. Standards of conduct.
Sec. 153. Community participation.
Sec. 154. Workforce councils.
Sec. 155. Advisory committees.
Sec. 156. Experimental projects and technical assistance.
Sec. 157. Application of provisions of Federal law.
Sec. 158. Special provisions.
Sec. 159. Management information.
Sec. 160. General provisions.
Sec. 161. Job Corps oversight and reporting.
Sec. 162. Authorization of appropriations.
Subtitle D--National Programs
Sec. 166. Native American programs.
Sec. 167. Migrant and seasonal farmworker programs.
Sec. 168. Technical assistance.
Sec. 169. Evaluations and research.
Sec. 170. National dislocated worker grants.
Sec. 171. YouthBuild program.
Sec. 172. Authorization of appropriations.
Subtitle E--Administration
Sec. 181. Requirements and restrictions.
Sec. 182. Prompt allocation of funds.
Sec. 183. Monitoring.
Sec. 184. Fiscal controls; sanctions.
Sec. 185. Reports; recordkeeping; investigations.
Sec. 186. Administrative adjudication.
Sec. 187. Judicial review.
Sec. 188. Nondiscrimination.
Sec. 189. Secretarial administrative authorities and responsibilities.
Sec. 190. Workforce flexibility plans.
Sec. 191. State legislative authority.
Sec. 192. Transfer of Federal equity in State employment security
agency real property to the States.
Sec. 193. Continuation of State activities and policies.
Sec. 194. General program requirements.
Sec. 195. Restrictions on lobbying activities.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Home schools.
Sec. 205. Rule of construction regarding postsecondary transition and
concurrent enrollment activities.
Sec. 206. Authorization of appropriations.
Subtitle A--Federal Provisions
Sec. 211. Reservation of funds; grants to eligible agencies;
allotments.
Sec. 212. Performance accountability system.
Subtitle B--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; matching requirement.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other
institutionalized individuals.
Subtitle C--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Subtitle D--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. National leadership activities.
Sec. 243. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance measures.
Sec. 308. Workforce and labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation and information.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Evaluation standards and performance indicators.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Payments to States.
Sec. 421. Client assistance program.
Sec. 422. Pre-employment transition services.
Sec. 423. American Indian vocational rehabilitation services.
Sec. 424. Vocational rehabilitation services client information.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability, Independent Living, and
Rehabilitation Research.
Sec. 434. Interagency committee.
Sec. 435. Research and other covered activities.
Sec. 436. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Purpose; training.
Sec. 442. Demonstration, training, and technical assistance programs.
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Establishment.
Sec. 452. Report.
Sec. 453. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Interagency Committee, Board, and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Limitations on use of subminimum wage.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Employment opportunities for individuals with disabilities.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals With Significant Disabilities
subchapter a--general provisions
Sec. 471. Purpose.
Sec. 472. Administration of the independent living program.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 475A. Responsibilities of the Administrator.
subchapter b--independent living services
Sec. 476. Administration.
subchapter c--centers for independent living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 2--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--General Provisions
Sec. 491. Transfer of functions regarding independent living to
Department of Health and Human Services,
and savings provisions.
Sec. 492. Table of contents.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
Sec. 501. Privacy.
Sec. 502. Buy-American requirements.
Sec. 503. Transition provisions.
Sec. 504. Reduction of reporting burdens and requirements.
Sec. 505. Report on data capability of Federal and State databases and
data exchange agreements.
Sec. 506. Effective dates.
Subtitle B--Amendments to Other Laws
Sec. 511. Repeal of the Workforce Investment Act of 1998.
Sec. 512. Conforming amendments.
Sec. 513. References.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment,
access to and opportunities for the employment, education,
training, and support services they need to succeed in the
labor market.
(2) To support the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce
development system in the United States.
(3) To improve the quality and labor market relevance of
workforce investment, education, and economic development
efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment with
family-sustaining wages and to provide America's employers with
the skilled workers the employers need to succeed in a global
economy.
(4) To promote improvement in the structure of and delivery
of services through the United States workforce development
system to better address the employment and skill needs of
workers, jobseekers, and employers.
(5) To increase the prosperity of workers and employers in
the United States, the economic growth of communities, regions,
and States, and the global competitiveness of the United
States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase
attainment of recognized postsecondary credentials by
participants, and as a result, improve the quality of the
workforce, reduce welfare dependency, increase economic self-
sufficiency, meet the skill requirements of employers, and
enhance the productivity and competitiveness of the Nation.
SEC. 3. DEFINITIONS.
In this Act, and the core program provisions that are not in this
Act, except as otherwise expressly provided:
(1) Administrative costs.--The term ``administrative
costs'' means expenditures incurred by State boards and local
boards, direct recipients (including State grant recipients
under subtitle B of title I and recipients of awards under
subtitles C and D of title I), local grant recipients, local
fiscal agents or local grant subrecipients, and one-stop
operators in the performance of administrative functions and in
carrying out activities under title I that are not related to
the direct provision of workforce investment services
(including services to participants and employers). Such costs
include both personnel and nonpersonnel costs and both direct
and indirect costs.
(2) Adult.--Except as otherwise specified in section 132,
the term ``adult'' means an individual who is age 18 or older.
(3) Adult education; adult education and literacy
activities.--The terms ``adult education'' and ``adult
education and literacy activities'' have the meanings given the
terms in section 203.
(4) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Basic skills deficient.--The term ``basic skills
deficient'' means, with respect to an individual--
(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the
8th grade level on a generally accepted standardized
test; or
(B) who is a youth or adult, that the individual is
unable to compute or solve problems, or read, write, or
speak English, at a level necessary to function on the
job, in the individual's family, or in society.
(6) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in section
3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
(7) Career pathway.--The term ``career pathway'' means a
combination of rigorous and high-quality education, training,
and other services that--
(A) aligns with the skill needs of industries in
the economy of the State or regional economy involved;
(B) prepares an individual to be successful in any
of a full range of secondary or postsecondary education
options, including apprenticeships registered under the
Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.) (referred to individually in
this Act as an ``apprenticeship'', except in section
171);
(C) includes counseling to support an individual in
achieving the individual's education and career goals;
(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific
occupation or occupational cluster;
(E) organizes education, training, and other
services to meet the particular needs of an individual
in a manner that accelerates the educational and career
advancement of the individual to the extent
practicable;
(F) enables an individual to attain a secondary
school diploma or its recognized equivalent, and at
least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a
specific occupation or occupational cluster.
(8) Career planning.--The term ``career planning'' means
the provision of a client-centered approach in the delivery of
services, designed--
(A) to prepare and coordinate comprehensive
employment plans, such as service strategies, for
participants to ensure access to necessary workforce
investment activities and supportive services, using,
where feasible, computer-based technologies; and
(B) to provide job, education, and career
counseling, as appropriate during program participation
and after job placement.
(9) Chief elected official.--The term ``chief elected
official'' means--
(A) the chief elected executive officer of a unit
of general local government in a local area; and
(B) in a case in which a local area includes more
than 1 unit of general local government, the
individuals designated under the agreement described in
section 107(c)(1)(B).
(10) Community-based organization.--The term ``community-
based organization'' means a private nonprofit organization
(which may include a faith-based organization), that is
representative of a community or a significant segment of a
community and that has demonstrated expertise and effectiveness
in the field of workforce development.
(11) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given the
term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C.
705), for individuals with disabilities.
(12) Core program.--The term ``core programs'' means a
program authorized under a core program provision.
(13) Core program provision.--The term ``core program
provision'' means--
(A) chapters 2 and 3 of subtitle B of title I
(relating to youth workforce investment activities and
adult and dislocated worker employment and training
activities);
(B) title II (relating to adult education and
literacy activities);
(C) sections 1 through 13 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) (relating to employment
services); and
(D) title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or part C
of that title (29 U.S.C. 732, 741) (relating to
vocational rehabilitation services).
(14) Customized training.--The term ``customized training''
means training--
(A) that is designed to meet the specific
requirements of an employer (including a group of
employers);
(B) that is conducted with a commitment by the
employer to employ an individual upon successful
completion of the training; and
(C) for which the employer pays--
(i) a significant portion of the cost of
training, as determined by the local board
involved, taking into account the size of the
employer and such other factors as the local
board determines to be appropriate, which may
include the number of employees participating
in training, wage and benefit levels of those
employees (at present and anticipated upon
completion of the training), relation of the
training to the competitiveness of a
participant, and other employer-provided
training and advancement opportunities; and
(ii) in the case of customized training (as
defined in subparagraphs (A) and (B)) involving
an employer located in multiple local areas in
the State, a significant portion of the cost of
the training, as determined by the Governor of
the State, taking into account the size of the
employer and such other factors as the Governor
determines to be appropriate.
(15) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has
received a notice of termination or layoff, from
employment;
(ii)(I) is eligible for or has exhausted
entitlement to unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop
center referred to in section 121(e), attachment to the
workforce, but is not eligible for unemployment
compensation due to insufficient earnings or having
performed services for an employer that were not
covered under a State unemployment compensation law;
and
(iii) is unlikely to return to a previous industry
or occupation;
(B)(i) has been terminated or laid off, or has
received a notice of termination or layoff, from
employment as a result of any permanent closure of, or
any substantial layoff at, a plant, facility, or
enterprise;
(ii) is employed at a facility at which the
employer has made a general announcement that such
facility will close within 180 days; or
(iii) for purposes of eligibility to receive
services other than training services described in
section 134(c)(3), career services described in section
134(c)(2)(A)(xii), or supportive services, is employed
at a facility at which the employer has made a general
announcement that such facility will close;
(C) was self-employed (including employment as a
farmer, a rancher, or a fisherman) but is unemployed as
a result of general economic conditions in the
community in which the individual resides or because of
natural disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed
Forces on active duty (as defined in section 101(d)(1)
of title 10, United States Code), and who has
experienced a loss of employment as a direct result of
relocation to accommodate a permanent change in duty
station of such member; or
(ii) is the spouse of a member of the Armed Forces
on active duty and who meets the criteria described in
paragraph (16)(B).
(16) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A)(i) has been dependent on the income of another
family member but is no longer supported by that
income; or
(ii) is the dependent spouse of a member of the
Armed Forces on active duty (as defined in section
101(d)(1) of title 10, United States Code) and whose
family income is significantly reduced because of a
deployment (as defined in section 991(b) of title 10,
United States Code, or pursuant to paragraph (4) of
such section), a call or order to active duty pursuant
to a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code, a
permanent change of station, or the service-connected
(as defined in section 101(16) of title 38, United
States Code) death or disability of the member; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
(17) Economic development agency.--The term ``economic
development agency'' includes a local planning or zoning
commission or board, a community development agency, or another
local agency or institution responsible for regulating,
promoting, or assisting in local economic development.
(18) Eligible youth.--Except as provided in subtitles C and
D of title I, the term ``eligible youth'' means an in-school
youth or out-of-school youth.
(19) Employment and training activity.--The term
``employment and training activity'' means an activity
described in section 134 that is carried out for an adult or
dislocated worker.
(20) English language acquisition program.--The term
``English language acquisition program'' has the meaning given
the term in section 203.
(21) English language learner.--The term ``English language
learner'' has the meaning given the term in section 203.
(22) Governor.--The term ``Governor'' means the chief
executive of a State or an outlying area.
(23) In-demand industry sector or occupation.--
(A) In general.--The term ``in-demand industry
sector or occupation'' means--
(i) an industry sector that has a
substantial current or potential impact
(including through jobs that lead to economic
self-sufficiency and opportunities for
advancement) on the State, regional, or local
economy, as appropriate, and that contributes
to the growth or stability of other supporting
businesses, or the growth of other industry
sectors; or
(ii) an occupation that currently has or is
projected to have a number of positions
(including positions that lead to economic
self-sufficiency and opportunities for
advancement) in an industry sector so as to
have a significant impact on the State,
regional, or local economy, as appropriate.
(B) Determination.--The determination of whether an
industry sector or occupation is in-demand under this
paragraph shall be made by the State board or local
board, as appropriate, using State and regional
business and labor market projections, including the
use of labor market information.
(24) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' means a member of 1
or more of the following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native Hawaiians,
as such terms are defined in section 166.
(D) Individuals with disabilities, including youth
who are individuals with disabilities.
(E) Older individuals.
(F) Ex-offenders.
(G) Homeless individuals (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or homeless children and youths
(as defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the foster
care system.
(I) Individuals who are English language learners,
individuals who have low levels of literacy, and
individuals facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as
defined in section 167(i).
(K) Individuals within 2 years of exhausting
lifetime eligibility under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant
women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved
determines to have barriers to employment.
(25) Individual with a disability.--
(A) In general.--The term ``individual with a
disability'' means an individual with a disability as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(B) Individuals with disabilities.--The term
``individuals with disabilities'' means more than 1
individual with a disability.
(26) Industry or sector partnership.--The term ``industry
or sector partnership'' means a workforce collaborative,
convened by or acting in partnership with a State board or
local board, that--
(A) organizes key stakeholders in an industry
cluster into a working group that focuses on the shared
goals and human resources needs of the industry cluster
and that includes, at the appropriate stage of
development of the partnership--
(i) representatives of multiple businesses
or other employers in the industry cluster,
including small and medium-sized employers when
practicable;
(ii) 1 or more representatives of a
recognized State labor organization or central
labor council, or another labor representative,
as appropriate; and
(iii) 1 or more representatives of an
institution of higher education with, or
another provider of, education or training
programs that support the industry cluster; and
(B) may include representatives of--
(i) State or local government;
(ii) State or local economic development
agencies;
(iii) State boards or local boards, as
appropriate;
(iv) a State workforce agency or other
entity providing employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-
based organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as determined to
be necessary by the members comprising the
industry or sector partnership.
(27) In-school youth.--The term ``in-school youth'' means a
youth described in section 129(a)(1)(C).
(28) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101, and subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)).
(29) Integrated education and training.--The term
``integrated education and training'' has the meaning given the
term in section 203.
(30) Labor market area.--The term ``labor market area''
means an economically integrated geographic area within which
individuals can reside and find employment within a reasonable
distance or can readily change employment without changing
their place of residence. Such an area shall be identified in
accordance with criteria used by the Bureau of Labor Statistics
of the Department of Labor in defining such areas or similar
criteria established by a Governor.
(31) Literacy.--The term ``literacy'' has the meaning given
the term in section 203.
(32) Local area.--The term ``local area'' means a local
workforce investment area designated under section 106, subject
to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
(33) Local board.--The term ``local board'' means a local
workforce development board established under section 107,
subject to section 107(c)(4)(B)(i).
(34) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(35) Local plan.--The term ``local plan'' means a plan
submitted under section 108, subject to section 106(c)(3)(B).
(36) Low-income individual.--
(A) In general.--The term ``low-income individual''
means an individual who--
(i) receives, or in the past 6 months has
received, or is a member of a family that is
receiving or in the past 6 months has received,
assistance through the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), the program of block grants to States
for temporary assistance for needy families
program under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), or the
supplemental security income program
established under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.), or State
or local income-based public assistance;
(ii) is in a family with total family
income that does not exceed the higher of--
(I) the poverty line; or
(II) 70 percent of the lower living
standard income level;
(iii) is 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 under
section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)));
(iv) receives or is eligible to receive a
free or reduced price lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
(v) is a foster child on behalf of whom
State or local government payments are made; or
(vi) is an individual with a disability
whose own income meets the income requirement
of clause (ii), but who is a member of a family
whose income does not meet this requirement.
(B) Lower living standard income level.--The term
``lower living standard income level'' means that
income level (adjusted for regional, metropolitan,
urban, and rural differences and family size)
determined annually by the Secretary of Labor based on
the most recent lower living family budget issued by
the Secretary.
(37) Nontraditional employment.--The term ``nontraditional
employment'' refers to occupations or fields of work, for which
individuals from the gender involved comprise less than 25
percent of the individuals employed in each such occupation or
field of work.
(38) Offender.--The term ``offender'' means an adult or
juvenile--
(A) who is or has been subject to any stage of the
criminal justice process, and for whom services under
this Act may be beneficial; or
(B) who requires assistance in overcoming
artificial barriers to employment resulting from a
record of arrest or conviction.
(39) Older individual.--The term ``older individual'' means
an individual age 55 or older.
(40) One-stop center.--The term ``one-stop center'' means a
site described in section 121(e)(2).
(41) One-stop operator.--The term ``one-stop operator''
means 1 or more entities designated or certified under section
121(d).
(42) One-stop partner.--The term ``one-stop partner''
means--
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that
is participating, with the approval of the local board
and chief elected official, in the operation of a one-
stop delivery system.
(43) One-stop partner program.--The term ``one-stop partner
program'' means a program or activities described in section
121(b) of a one-stop partner.
(44) On-the-job training.--The term ``on-the-job training''
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that--
(A) provides knowledge or skills essential to the
full and adequate performance of the job;
(B) is made available through a program that
provides reimbursement to the employer of up to 50
percent of the wage rate of the participant, except as
provided in section 134(c)(3)(H), for the extraordinary
costs of providing the training and additional
supervision related to the training; and
(C) is limited in duration as appropriate to the
occupation for which the participant is being trained,
taking into account the content of the training, the
prior work experience of the participant, and the
service strategy of the participant, as appropriate.
(45) Outlying area.--The term ``outlying area'' means--
(A) American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the United States Virgin
Islands; and
(B) the Republic of Palau, except during any period
for which the Secretary of Labor and the Secretary of
Education determine that a Compact of Free Association
is in effect and contains provisions for training and
education assistance prohibiting the assistance
provided under this Act.
(46) Out-of-school youth.--The term ``out-of-school youth''
means a youth described in section 129(a)(1)(B).
(47) Pay-for-performance contract strategy.--The term
``pay-for-performance contract strategy'' means a procurement
strategy that uses pay-for-performance contracts in the
provision of training services described in section 134(c)(3)
or activities described in section 129(c)(2), and includes--
(A) contracts, each of which shall specify a fixed
amount that will be paid to an eligible service
provider (which may include a local or national
community-based organization or intermediary, community
college, or other training provider, that is eligible
under section 122 or 123, as appropriate) based on the
achievement of specified levels of performance on the
primary indicators of performance described in section
116(b)(2)(A) for target populations as identified by
the local board (including individuals with barriers to
employment), within a defined timetable, and which may
provide for bonus payments to such service provider to
expand capacity to provide effective training;
(B) a strategy for independently validating the
achievement of the performance described in
subparagraph (A); and
(C) a description of how the State or local area
will reallocate funds not paid to a provider because
the achievement of the performance described in
subparagraph (A) did not occur, for further activities
related to such a procurement strategy, subject to
section 189(g)(4).
(48) Planning region.--The term ``planning region'' means a
region described in subparagraph (B) or (C) of section
106(a)(2), subject to section 107(c)(4)(B)(i).
(49) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(50) Public assistance.--The term ``public assistance''
means Federal, State, or local government cash payments for
which eligibility is determined by a needs or income test.
(51) Rapid response activity.--The term ``rapid response
activity'' means an activity provided by a State, or by an
entity designated by a State, with funds provided by the State
under section 134(a)(1)(A), in the case of a permanent closure
or mass layoff at a plant, facility, or enterprise, or a
natural or other disaster, that results in mass job
dislocation, in order to assist dislocated workers in obtaining
reemployment as soon as possible, with services including--
(A) the establishment of onsite contact with
employers and employee representatives--
(i) immediately after the State is notified
of a current or projected permanent closure or
mass layoff; or
(ii) in the case of a disaster, immediately
after the State is made aware of mass job
dislocation as a result of such disaster;
(B) the provision of information on and access to
available employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and
management, with the ability to devise and implement a
strategy for assessing the employment and training
needs of dislocated workers and obtaining services to
meet such needs;
(D) the provision of emergency assistance adapted
to the particular closure, layoff, or disaster; and
(E) the provision of assistance to the local
community in developing a coordinated response and in
obtaining access to State economic development
assistance.
(52) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized certificate or
certification, a certificate of completion of an
apprenticeship, a license recognized by the State involved or
Federal Government, or an associate or baccalaureate degree.
(53) Region.--The term ``region'', used without further
description, means a region identified under section 106(a),
subject to section 107(c)(4)(B)(i) and except as provided in
section 106(b)(1)(B)(ii).
(54) School dropout.--The term ``school dropout'' means an
individual who is no longer attending any school and who has
not received a secondary school diploma or its recognized
equivalent.
(55) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(56) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(57) State board.--The term ``State board'' means a State
workforce development board established under section 101.
(58) State plan.--The term ``State plan'', used without
further description, means a unified State plan under section
102 or a combined State plan under section 103.
(59) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary
to enable an individual to participate in activities authorized
under this Act.
(60) Training services.--The term ``training services''
means services described in section 134(c)(3).
(61) Unemployed individual.--The term ``unemployed
individual'' means an individual who is without a job and who
wants and is available for work. The determination of whether
an individual is without a job, for purposes of this paragraph,
shall be made in accordance with the criteria used by the
Bureau of Labor Statistics of the Department of Labor in
defining individuals as unemployed.
(62) Unit of general local government.--The term ``unit of
general local government'' means any general purpose political
subdivision of a State that has the power to levy taxes and
spend funds, as well as general corporate and police powers.
(63) Veteran; related definition.--
(A) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 38, United
States Code.
(B) Recently separated veteran.--The term
``recently separated veteran'' means any veteran who
applies for participation under this Act within 48
months after the discharge or release from active
military, naval, or air service.
(64) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
authorized under a provision covered under paragraph (13)(D).
(65) Workforce development activity.--The term ``workforce
development activity'' means an activity carried out through a
workforce development program.
(66) Workforce development program.--The term ``workforce
development program'' means a program made available through a
workforce development system.
(67) Workforce development system.--The term ``workforce
development system'' means a system that makes available the
core programs, the other one-stop partner programs, and any
other programs providing employment and training services as
identified by a State board or local board.
(68) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training
activity, and a youth workforce investment activity.
(69) Workforce preparation activities.--The term
``workforce preparation activities'' has the meaning given the
term in section 203.
(70) Workplace learning advisor.--The term ``workplace
learning advisor'' means an individual employed by an
organization who has the knowledge and skills necessary to
advise other employees of that organization about the
education, skill development, job training, career counseling
services, and credentials, including services provided through
the workforce development system, required to progress toward
career goals of such employees in order to meet employer
requirements related to job openings and career advancements
that support economic self-sufficiency.
(71) Youth workforce investment activity.--The term ``youth
workforce investment activity'' means an activity described in
section 129 that is carried out for eligible youth (or as
described in section 129(a)(3)(A)).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) In General.--The Governor of a State shall establish a State
workforce development board to carry out the functions described in
subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State
legislature (to the extent consistent with State law),
appointed by the appropriate presiding officers of such
chamber; and
(C) members appointed by the Governor, of which--
(i) a majority shall be representatives of
businesses in the State, who--
(I) are owners of businesses, chief
executives or operating officers of
businesses, or other business
executives or employers with optimum
policymaking or hiring authority, and
who, in addition, may be members of a
local board described in section
107(b)(2)(A)(i);
(II) represent businesses
(including small businesses), or
organizations representing businesses
described in this subclause, that
provide employment opportunities that,
at a minimum, include high-quality,
work-relevant training and development
in in-demand industry sectors or
occupations in the State; and
(III) are appointed from among
individuals nominated by State business
organizations and business trade
associations;
(ii) not less than 20 percent shall be
representatives of the workforce within the
State, who--
(I) shall include representatives
of labor organizations, who have been
nominated by State labor federations;
(II) shall include a
representative, who shall be a member
of a labor organization or a training
director, from a joint labor-management
apprenticeship program, or if no such
joint program exists in the State, such
a representative of an apprenticeship
program in the State;
(III) may include representatives
of community-based organizations that
have demonstrated experience and
expertise in addressing the employment,
training, or education needs of
individuals with barriers to
employment, including organizations
that serve veterans or that provide or
support competitive, integrated
employment for individuals with
disabilities; and
(IV) may include representatives of
organizations that have demonstrated
experience and expertise in addressing
the employment, training, or education
needs of eligible youth, including
representatives of organizations that
serve out-of-school youth; and
(iii) the balance--
(I) shall include representatives
of government, who--
(aa) shall include the lead
State officials with primary
responsibility for the core
programs; and
(bb) shall include chief
elected officials (collectively
representing both cities and
counties, where appropriate);
and
(II) may include such other
representatives and officials as the
Governor may designate, such as--
(aa) the State agency
officials from agencies that
are one-stop partners not
specified in subclause (I)
(including additional one-stop
partners whose programs are
covered by the State plan, if
any);
(bb) State agency officials
responsible for economic
development or juvenile justice
programs in the State;
(cc) individuals who
represent an Indian tribe or
tribal organization, as such
terms are defined in section
166(b); and
(dd) State agency officials
responsible for education
programs in the State,
including chief executive
officers of community colleges
and other institutions of
higher education.
(2) Diverse and distinct representation.--The members of
the State board shall represent diverse geographic areas of the
State, including urban, rural, and suburban areas.
(3) No representation of multiple categories.--No person
shall serve as a member for more than 1 of--
(A) the category described in paragraph (1)(C)(i);
or
(B) 1 category described in a subclause of clause
(ii) or (iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson for the
State board from among the representatives described in subsection
(b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor in--
(1) the development, implementation, and modification of
the State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on
actions that should be taken by the State to align workforce
development programs in the State in a manner that supports a
comprehensive and streamlined workforce development system in
the State, including the review and provision of comments on
the State plans, if any, for programs and activities of one-
stop partners that are not core programs;
(3) the development and continuous improvement of the
workforce development system in the State, including--
(A) the identification of barriers and means for
removing barriers to better coordinate, align, and
avoid duplication among the programs and activities
carried out through the system;
(B) the development of strategies to support the
use of career pathways for the purpose of providing
individuals, including low-skilled adults, youth, and
individuals with barriers to employment (including
individuals with disabilities), with workforce
investment activities, education, and supportive
services to enter or retain employment;
(C) the development of strategies for providing
effective outreach to and improved access for
individuals and employers who could benefit from
services provided through the workforce development
system;
(D) the development and expansion of strategies for
meeting the needs of employers, workers, and
jobseekers, particularly through industry or sector
partnerships related to in-demand industry sectors and
occupations;
(E) the identification of regions, including
planning regions, for the purposes of section 106(a),
and the designation of local areas under section 106,
after consultation with local boards and chief elected
officials;
(F) the development and continuous improvement of
the one-stop delivery system in local areas, including
providing assistance to local boards, one-stop
operators, one-stop partners, and providers with
planning and delivering services, including training
services and supportive services, to support effective
delivery of services to workers, jobseekers, and
employers; and
(G) the development of strategies to support staff
training and awareness across programs supported under
the workforce development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on
best practices, including best practices for--
(A) the effective operation of one-stop centers,
relating to the use of business outreach, partnerships,
and service delivery strategies, including strategies
for serving individuals with barriers to employment;
(B) the development of effective local boards,
which may include information on factors that
contribute to enabling local boards to exceed
negotiated local levels of performance, sustain fiscal
integrity, and achieve other measures of effectiveness;
and
(C) effective training programs that respond to
real-time labor market analysis, that effectively use
direct assessment and prior learning assessment to
measure an individual's prior knowledge, skills,
competencies, and experiences, and that evaluate such
skills, and competencies for adaptability, to support
efficient placement into employment or career pathways;
(6) the development and review of statewide policies
affecting the coordinated provision of services through the
State's one-stop delivery system described in section 121(e),
including the development of--
(A) objective criteria and procedures for use by
local boards in assessing the effectiveness and
continuous improvement of one-stop centers described in
such section;
(B) guidance for the allocation of one-stop center
infrastructure funds under section 121(h); and
(C) policies relating to the appropriate roles and
contributions of entities carrying out one-stop partner
programs within the one-stop delivery system, including
approaches to facilitating equitable and efficient cost
allocation in such system;
(7) the development of strategies for technological
improvements to facilitate access to, and improve the quality
of, services and activities provided through the one-stop
delivery system, including such improvements to--
(A) enhance digital literacy skills (as defined in
section 202 of the Museum and Library Services Act (20
U.S.C. 9101); referred to in this Act as ``digital
literacy skills'');
(B) accelerate the acquisition of skills and
recognized postsecondary credentials by participants;
(C) strengthen the professional development of
providers and workforce professionals; and
(D) ensure such technology is accessible to
individuals with disabilities and individuals residing
in remote areas;
(8) the development of strategies for aligning technology
and data systems across one-stop partner programs to enhance
service delivery and improve efficiencies in reporting on
performance accountability measures (including the design and
implementation of common intake, data collection, case
management information, and performance accountability
measurement and reporting processes and the incorporation of
local input into such design and implementation, to improve
coordination of services across one-stop partner programs);
(9) the development of allocation formulas for the
distribution of funds for employment and training activities
for adults, and youth workforce investment activities, to local
areas as permitted under sections 128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described in
paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) Alternative Entity.--
(1) In general.--For the purposes of complying with
subsections (a), (b), and (c), a State may use any State entity
(including a State council, State workforce development board
(within the meaning of the Workforce Investment Act of 1998, as
in effect on the day before the date of enactment of this Act),
combination of regional workforce development boards, or
similar entity) that--
(A) was in existence on the day before the date of
enactment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board
described in subsections (a) through (c); and
(C) includes representatives of business in the
State and representatives of labor organizations in the
State.
(2) References.--A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be
considered to include such an entity.
(f) Conflict of Interest.--A member of a State board may not--
(1) vote on a matter under consideration by the State
board--
(A) regarding the provision of services by such
member (or by an entity that such member represents);
or
(B) that would provide direct financial benefit to
such member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State
plan.
(g) Sunshine Provision.--The State board shall make available to
the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the State board,
including information regarding the State plan, or a modification to
the State plan, prior to submission of the plan or modification of the
plan, respectively, information regarding membership, and, on request,
minutes of formal meetings of the State board.
(h) Authority To Hire Staff.--
(1) In general.--The State board may hire a director and
other staff to assist in carrying out the functions described
in subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
(2) Qualifications.--The State board shall establish and
apply a set of objective qualifications for the position of
director, that ensures that the individual selected has the
requisite knowledge, skills, and abilities, to meet identified
benchmarks and to assist in effectively carrying out the
functions of the State board.
(3) Limitation on rate.--The director and staff described
in paragraph (1) shall be subject to the limitations on the
payment of salary and bonuses described in section 194(15).
SEC. 102. UNIFIED STATE PLAN.
(a) Plan.--For a State to be eligible to receive allotments for the
core programs, the Governor shall submit to the Secretary of Labor for
the approval process described under subsection (c)(2), a unified State
plan. The unified State plan shall outline a 4-year strategy for the
core programs of the State and meet the requirements of this section.
(b) Contents.--
(1) Strategic planning elements.--The unified State plan
shall include strategic planning elements consisting of a
strategic vision and goals for preparing an educated and
skilled workforce, that include--
(A) an analysis of the economic conditions in the
State, including--
(i) existing and emerging in-demand
industry sectors and occupations; and
(ii) the employment needs of employers,
including a description of the knowledge,
skills, and abilities, needed in those
industries and occupations;
(B) an analysis of the current workforce,
employment and unemployment data, labor market trends,
and the educational and skill levels of the workforce,
including individuals with barriers to employment
(including individuals with disabilities), in the
State;
(C) an analysis of the workforce development
activities (including education and training) in the
State, including an analysis of the strengths and
weaknesses of such activities, and the capacity of
State entities to provide such activities, in order to
address the identified education and skill needs of the
workforce and the employment needs of employers in the
State;
(D) a description of the State's strategic vision
and goals for preparing an educated and skilled
workforce (including preparing youth and individuals
with barriers to employment) and for meeting the
skilled workforce needs of employers, including goals
relating to performance accountability measures based
on primary indicators of performance described in
section 116(b)(2)(A), in order to support economic
growth and economic self-sufficiency, and of how the
State will assess the overall effectiveness of the
workforce investment system in the State; and
(E) taking into account analyses described in
subparagraphs (A) through (C), a strategy for aligning
the core programs, as well as other resources available
to the State, to achieve the strategic vision and goals
described in subparagraph (D).
(2) Operational planning elements.--
(A) In general.--The unified State plan shall
include the operational planning elements contained in
this paragraph, which shall support the strategy
described in paragraph (1)(E), including a description
of how the State board will implement the functions
under section 101(d).
(B) Implementation of state strategy.--The unified
State plan shall describe how the lead State agency
with responsibility for the administration of a core
program will implement the strategy described in
paragraph (1)(E), including a description of--
(i) the activities that will be funded by
the entities carrying out the respective core
programs to implement the strategy and how such
activities will be aligned across the programs
and among the entities administering the
programs, including using co-enrollment and
other strategies;
(ii) how the activities described in clause
(i) will be aligned with activities provided
under employment, training, education,
including career and technical education, and
human services programs not covered by the
plan, as appropriate, assuring coordination of,
and avoiding duplication among, the activities
referred to in this clause;
(iii) how the entities carrying out the
respective core programs will coordinate
activities and provide comprehensive, high-
quality services including supportive services,
to individuals;
(iv) how the State's strategy will engage
the State's community colleges and area career
and technical education schools as partners in
the workforce development system and enable the
State to leverage other Federal, State, and
local investments that have enhanced access to
workforce development programs at those
institutions;
(v) how the activities described in clause
(i) will be coordinated with economic
development strategies and activities in the
State; and
(vi) how the State's strategy will improve
access to activities leading to a recognized
postsecondary credential (including a
credential that is an industry-recognized
certificate or certification, portable, and
stackable).
(C) State operating systems and policies.--The
unified State plan shall describe the State operating
systems and policies that will support the
implementation of the strategy described in paragraph
(1)(E), including a description of--
(i) the State board, including the
activities to assist members of the State board
and the staff of such board in carrying out the
functions of the State board effectively (but
funds for such activities may not be used for
long-distance travel expenses for training or
development activities available locally or
regionally);
(ii)(I) how the respective core programs
will be assessed each year, including an
assessment of the quality, effectiveness, and
improvement of programs (analyzed by local
area, or by provider), based on State
performance accountability measures described
in section 116(b); and
(II) how other one-stop partner programs
will be assessed each year;
(iii) the results of an assessment of the
effectiveness of the core programs and other
one-stop partner programs during the preceding
2-year period;
(iv) the methods and factors the State will
use in distributing funds under the core
programs, in accordance with the provisions
authorizing such distributions;
(v)(I) how the lead State agencies with
responsibility for the administration of the
core programs will align and integrate
available workforce and education data on core
programs, unemployment insurance programs, and
education through postsecondary education;
(II) how such agencies will use the
workforce development system to assess the
progress of participants that are exiting from
core programs in entering, persisting in, and
completing postsecondary education, or entering
or remaining in employment; and
(III) the privacy safeguards incorporated
in such system, including safeguards required
by section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) and other
applicable Federal laws;
(vi) how the State will implement the
priority of service provisions for veterans in
accordance with the requirements of section
4215 of title 38, United States Code;
(vii) how the one-stop delivery system,
including one-stop operators and the one-stop
partners, will comply with section 188, if
applicable, and applicable provisions of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), regarding the physical
and programmatic accessibility of facilities,
programs, services, technology, and materials,
for individuals with disabilities, including
complying through providing staff training and
support for addressing the needs of individuals
with disabilities; and
(viii) such other operational planning
elements as the Secretary of Labor or the
Secretary of Education, as appropriate,
determines to be necessary for effective State
operating systems and policies.
(D) Program-specific requirements.--The unified
State plan shall include--
(i) with respect to activities carried out
under subtitle B, a description of--
(I) State policies or guidance, for
the statewide workforce development
system and for use of State funds for
workforce investment activities;
(II) the local areas designated in
the State, including the process used
for designating local areas, and the
process used for identifying any
planning regions under section 106(a),
including a description of how the
State consulted with the local boards
and chief elected officials in
determining the planning regions;
(III) the appeals process referred
to in section 106(b)(5), relating to
designation of local areas;
(IV) the appeals process referred
to in section 121(h)(2)(E), relating to
determinations for infrastructure
funding; and
(V) with respect to youth workforce
investment activities authorized in
section 129, information identifying
the criteria to be used by local boards
in awarding grants for youth workforce
investment activities and describing
how the local boards will take into
consideration the ability of the
providers to meet performance
accountability measures based on
primary indicators of performance for
the youth program as described in
section 116(b)(2)(A)(ii) in awarding
such grants;
(ii) with respect to activities carried out
under title II, a description of--
(I) how the eligible agency will,
if applicable, align content standards
for adult education with State-adopted
challenging academic content standards,
as adopted under section 1111(b)(1) of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(1));
(II) how the State will fund local
activities using considerations
specified in section 231(e) for--
(aa) activities under
section 231(b);
(bb) programs for
corrections education under
section 225;
(cc) programs for
integrated English literacy and
civics education under section
243; and
(dd) integrated education
and training;
(III) how the State will use the
funds to carry out activities under
section 223;
(IV) how the State will use the
funds to carry out activities under
section 243;
(V) how the eligible agency will
assess the quality of providers of
adult education and literacy activities
under title II and take actions to
improve such quality, including
providing the activities described in
section 223(a)(1)(B);
(iii) with respect to programs carried out
under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112
or part C of that title (29 U.S.C. 732, 741),
the information described in section 101(a) of
that Act (29 U.S.C. 721(a)); and
(iv) information on such additional
specific requirements for a program referenced
in any of clauses (i) through (iii) or the
Wagner-Peyser Act (29 U.S.C. 49 et seq.) as the
Secretary of Labor determines to be necessary
to administer that program but cannot
reasonably be applied across all such programs.
(E) Assurances.--The unified State plan shall
include assurances--
(i) that the State has established a policy
identifying circumstances that may present a
conflict of interest for a State board or local
board member, or the entity or class of
officials that the member represents, and
procedures to resolve such conflicts;
(ii) that the State has established a
policy to provide to the public (including
individuals with disabilities) access to
meetings of State boards and local boards, and
information regarding activities of State
boards and local boards, such as data on board
membership and minutes;
(iii)(I) that the lead State agencies with
responsibility for the administration of core
programs reviewed and commented on the
appropriate operational planning elements of
the unified State plan, and approved the
elements as serving the needs of the
populations served by such programs; and
(II) that the State obtained input into the
development of the unified State plan and
provided an opportunity for comment on the plan
by representatives of local boards and chief
elected officials, businesses, labor
organizations, institutions of higher
education, other primary stakeholders, and the
general public and that the unified State plan
is available and accessible to the general
public;
(iv) that the State has established, in
accordance with section 116(i), fiscal control
and fund accounting procedures that may be
necessary to ensure the proper disbursement of,
and accounting for, funds paid to the State
through allotments made for adult, dislocated
worker, and youth programs to carry out
workforce investment activities under chapters
2 and 3 of subtitle B;
(v) that the State has taken appropriate
action to secure compliance with uniform
administrative requirements in this Act,
including that the State will annually monitor
local areas to ensure compliance and otherwise
take appropriate action to secure compliance
with the uniform administrative requirements
under section 184(a)(3);
(vi) that the State has taken the
appropriate action to be in compliance with
section 188, if applicable;
(vii) that the Federal funds received to
carry out a core program will not be expended
for any purpose other than for activities
authorized with respect to such funds under
that core program;
(viii) that the eligible agency under title
II will--
(I) expend the funds appropriated
to carry out that title only in a
manner consistent with fiscal
requirements under section 241(a)
(regarding supplement and not supplant
provisions); and
(II) ensure that there is at least
1 eligible provider serving each local
area;
(ix) that the State will pay an appropriate
share (as defined by the State board) of the
costs of carrying out section 116, from funds
made available through each of the core
programs; and
(x) regarding such other matters as the
Secretary of Labor or the Secretary of
Education, as appropriate, determines to be
necessary for the administration of the core
programs.
(3) Existing analysis.--As appropriate, a State may use an
existing analysis in order to carry out the requirements of
paragraph (1) concerning an analysis.
(c) Plan Submission and Approval.--
(1) Submission.--
(A) Initial plan.--The initial unified State plan
under this section (after the date of enactment of the
Workforce Innovation and Opportunity Act) shall be
submitted to the Secretary of Labor not later than 120
days prior to the commencement of the second full
program year after the date of enactment of this Act.
(B) Subsequent plans.--Except as provided in
subparagraph (A), a unified State plan shall be
submitted to the Secretary of Labor not later than 120
days prior to the end of the 4-year period covered by
the preceding unified State plan.
(2) Submission and approval.--
(A) Submission.--In approving a unified State plan
under this section, the Secretary shall submit the
portion of the unified State plan covering a program or
activity to the head of the Federal agency that
administers the program or activity for the approval of
such portion by such head.
(B) Approval.--A unified State plan shall be
subject to the approval of both the Secretary of Labor
and the Secretary of Education, after approval of the
Commissioner of the Rehabilitation Services
Administration for the portion of the plan described in
subsection (b)(2)(D)(iii). The plan shall be considered
to be approved at the end of the 90-day period
beginning on the day the plan is submitted, unless the
Secretary of Labor or the Secretary of Education makes
a written determination, during the 90-day period, that
the plan is inconsistent with the provisions of this
section or the provisions authorizing the core
programs, as appropriate.
(3) Modifications.--
(A) Modifications.--At the end of the first 2-year
period of any 4-year unified State plan, the State
board shall review the unified State plan, and the
Governor shall submit modifications to the plan to
reflect changes in labor market and economic conditions
or in other factors affecting the implementation of the
unified State plan.
(B) Approval.--A modified unified State plan
submitted for the review required under subparagraph
(A) shall be subject to the approval requirements
described in paragraph (2). A Governor may submit a
modified unified State plan at such other times as the
Governor determines to be appropriate, and such
modified unified State plan shall also be subject to
the approval requirements described in paragraph (2).
(4) Early implementers.--The Secretary of Labor, in
conjunction with the Secretary of Education, shall establish a
process for approving and may approve unified State plans that
meet the requirements of this section and are submitted to
cover periods commencing prior to the second full program year
described in paragraph (1)(A).
SEC. 103. COMBINED STATE PLAN.
(a) In General.--
(1) Authority to submit plan.--A State may develop and
submit to the appropriate Secretaries a combined State plan for
the core programs and 1 or more of the programs and activities
described in paragraph (2) in lieu of submitting 2 or more
plans, for the programs and activities and the core programs.
(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
(A) Career and technical education programs
authorized under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.).
(B) Programs authorized under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)).
(D) Work programs authorized under section 6(o) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
(E) Activities authorized under chapter 2 of title
II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title
38, United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable
Federal law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out
by the Department of Housing and Urban Development.
(J) Employment and training activities carried out
under the Community Services Block Grant Act (42 U.S.C.
9901 et seq.).
(K) Programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532).
(b) Requirements.--
(1) In general.--The portion of a combined plan covering
the core programs shall be subject to the requirements of
section 102 (including section 102(c)(3)). The portion of such
plan covering a program or activity described in subsection
(a)(2) shall be subject to the requirements, if any, applicable
to a plan or application for assistance for that program or
activity, under the Federal law authorizing the program or
activity. At the election of the State, section 102(c)(3) may
apply to that portion.
(2) Additional submission not required.--A State that
submits a combined plan that is approved under subsection (c)
shall not be required to submit any other plan or application
in order to receive Federal funds to carry out the core
programs or the program or activities described in subsection
(a)(2) that are covered by the combined plan.
(3) Coordination.--A combined plan shall include--
(A) a description of the methods used for joint
planning and coordination of the core programs and the
other programs and activities covered by the combined
plan; and
(B) an assurance that the methods included an
opportunity for the entities responsible for planning
or administering the core programs and the other
programs and activities to review and comment on all
portions of the combined plan.
(c) Approval by the Appropriate Secretaries.--
(1) Jurisdiction.--The appropriate Secretary shall have the
authority to approve the corresponding portion of a combined
plan as described in subsection (d). On the approval of the
appropriate Secretary, that portion of the combined plan,
covering a program or activity, shall be implemented by the
State pursuant to that portion of the combined plan, and the
Federal law authorizing the program or activity.
(2) Approval of core programs.--No portion of the plan
relating to a core program shall be implemented until the
appropriate Secretary approves the corresponding portions of
the plan for all core programs.
(3) Timing of approval.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), a portion of the combined
State plan covering the core programs or a program or
activity described in subsection (a)(2) shall be
considered to be approved by the appropriate Secretary
at the end of the 90-day period beginning on the day
the plan is submitted.
(B) Plan approved by 3 or more appropriate
secretaries.--If an appropriate Secretary other than
the Secretary of Labor or the Secretary of Education
has authority to approve a portion of a combined plan,
that portion of the combined plan shall be considered
to be approved by the appropriate Secretary at the end
of the 120-day period beginning on the day the plan is
submitted.
(C) Disapproval.--The portion shall not be
considered to be approved if the appropriate Secretary
makes a written determination, during the 90-day period
(or the 120-day period, for an appropriate Secretary
covered by subparagraph (B)), that the portion is not
consistent with the requirements of the Federal law
authorizing or applicable to the program or activity
involved, including the criteria for approval of a plan
or application, if any, under such law, or the plan is
not consistent with the requirements of this section.
(4) Special rule.--In paragraph (3), the term ``criteria
for approval of a plan or application'', with respect to a
State and a core program or a program under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), includes a requirement for agreement between the State
and the appropriate Secretaries regarding State performance
measures or State performance accountability measures, as the
case may be, including levels of performance.
(d) Appropriate Secretary.--In this section, the term ``appropriate
Secretary'' means--
(1) with respect to the portion of a combined plan relating
to any of the core programs (including a description, and an
assurance concerning that program, specified in subsection
(b)(3)), the Secretary of Labor and the Secretary of Education;
and
(2) with respect to the portion of a combined plan relating
to a program or activity described in subsection (a)(2)
(including a description, and an assurance concerning that
program or activity, specified in subsection (b)(3)), the head
of the Federal agency who exercises plan or application
approval authority for the program or activity under the
Federal law authorizing the program or activity, or, if there
are no planning or application requirements for such program or
activity, exercises administrative authority over the program
or activity under that Federal law.
CHAPTER 2--LOCAL PROVISIONS
SEC. 106. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--
(1) Identification.--Before the second full program year
after the date of enactment of this Act, in order for a State
to receive an allotment under section 127(b) or 132(b) and as
part of the process for developing the State plan, a State
shall identify regions in the State after consultation with the
local boards and chief elected officials in the local areas and
consistent with the considerations described in subsection
(b)(1)(B).
(2) Types of regions.--For purposes of this Act, the State
shall identify--
(A) which regions are comprised of 1 local area
that is aligned with the region;
(B) which regions are comprised of 2 or more local
areas that are (collectively) aligned with the region
(referred to as planning regions, consistent with
section 3); and
(C) which, of the regions described in subparagraph
(B), are interstate areas contained within 2 or more
States, and consist of labor market areas, economic
development areas, or other appropriate contiguous
subareas of those States.
(b) Local Areas.--
(1) In general.--
(A) Process.--Except as provided in subsection (d),
and consistent with paragraphs (2) and (3), in order
for a State to receive an allotment under section
127(b) or 132(b), the Governor of the State shall
designate local workforce development areas within the
State--
(i) through consultation with the State
board; and
(ii) after consultation with chief elected
officials and local boards, and after
consideration of comments received through the
public comment process as described in section
102(b)(2)(E)(iii)(II).
(B) Considerations.--The Governor shall designate
local areas (except for those local areas described in
paragraphs (2) and (3)) based on considerations
consisting of the extent to which the areas--
(i) are consistent with labor market areas
in the State;
(ii) are consistent with regional economic
development areas in the State; and
(iii) have available the Federal and non-
Federal resources necessary to effectively
administer activities under subtitle B and
other applicable provisions of this Act,
including whether the areas have the
appropriate education and training providers,
such as institutions of higher education and
area career and technical education schools.
(2) Initial designation.--During the first 2 full program
years following the date of enactment of this Act, the Governor
shall approve a request for initial designation as a local area
from any area that was designated as a local area for purposes
of the Workforce Investment Act of 1998 for the 2-year period
preceding the date of enactment of this Act, performed
successfully, and sustained fiscal integrity.
(3) Subsequent designation.--After the period for which a
local area is initially designated under paragraph (2), the
Governor shall approve a request for subsequent designation as
a local area from such local area, if such area--
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning
region, met the requirements described in subsection
(c)(1).
(4) Designation on recommendation of state board.--The
Governor may approve a request from any unit of general local
government (including a combination of such units) for
designation of an area as a local area if the State board
determines, based on the considerations described in paragraph
(1)(B), and recommends to the Governor, that such area should
be so designated.
(5) Appeals.--A unit of general local government (including
a combination of such units) or grant recipient that requests
but is not granted designation of an area as a local area under
paragraph (2) or (3) may submit an appeal to the State board
under an appeal process established in the State plan. If the
appeal does not result in such a designation, the Secretary of
Labor, after receiving a request for review from the unit or
grant recipient and on determining that the unit or grant
recipient was not accorded procedural rights under the appeals
process described in the State plan, as specified in section
102(b)(2)(D)(i)(III), or that the area meets the requirements
of paragraph (2) or (3), may require that the area be
designated as a local area under such paragraph.
(6) Redesignation assistance.--On the request of all of the
local areas in a planning region, the State shall provide
funding from funds made available under sections 128(a) and
133(a)(1) to assist the local areas in carrying out activities
to facilitate the redesignation of the local areas to a single
local area.
(c) Regional Coordination.--
(1) Regional planning.--The local boards and chief elected
officials in each planning region described in subparagraph (B)
or (C) of subsection (a)(2) shall engage in a regional planning
process that results in--
(A) the preparation of a regional plan, as
described in paragraph (2);
(B) the establishment of regional service
strategies, including use of cooperative service
delivery agreements;
(C) the development and implementation of sector
initiatives for in-demand industry sectors or
occupations for the region;
(D) the collection and analysis of regional labor
market data (in conjunction with the State);
(E) the establishment of administrative cost
arrangements, including the pooling of funds for
administrative costs, as appropriate, for the region;
(F) the coordination of transportation and other
supportive services, as appropriate, for the region;
(G) the coordination of services with regional
economic development services and providers; and
(H) the establishment of an agreement concerning
how the planning region will collectively negotiate and
reach agreement with Governor on local levels of
performance for, and report on, the performance
accountability measures described in section 116(c),
for local areas or the planning region.
(2) Regional plans.--The State, after consultation with
local boards and chief elected officials for the planning
regions, shall require the local boards and chief elected
officials within a planning region to prepare, submit, and
obtain approval of a single regional plan that includes a
description of the activities described in paragraph (1) and
that incorporates local plans for each of the local areas in
the planning region. The State shall provide technical
assistance and labor market data, as requested by local areas,
to assist with such regional planning and subsequent service
delivery efforts.
(3) References.--In this Act, and the core program
provisions that are not in this Act:
(A) Local area.--Except as provided in section
101(d)(9), this section, paragraph (1)(B) or (4) of
section 107(c), or section 107(d)(12)(B), or in any
text that provides an accompanying provision
specifically for a planning region, the term ``local
area'' in a provision includes a reference to a
planning region for purposes of implementation of that
provision by the corresponding local areas in the
region.
(B) Local plan.--Except as provided in this
subsection, the term ``local plan'' includes a
reference to the portion of a regional plan developed
with respect to the corresponding local area within the
region, and any regionwide provision of that plan that
impacts or relates to the local area.
(d) Single State Local Areas.--
(1) Continuation of previous designation.--The Governor of
any State that was a single State local area for purposes of
title I of the Workforce Investment Act of 1998, as in effect
on July 1, 2013, may designate the State as a single State
local area for purposes of this title. In the case of such
designation, the Governor shall identify the State as a local
area in the State plan.
(2) Effect on local plan and local functions.--In any case
in which a State is designated as a local area pursuant to this
subsection, the local plan prepared under section 108 for the
area shall be submitted for approval as part of the State plan.
In such a State, the State board shall carry out the functions
of a local board, as specified in this Act or the provisions
authorizing a core program, but the State shall not be required
to meet and report on a set of local performance accountability
measures.
(e) Definitions.--For purposes of this section:
(1) Performed successfully.--The term ``performed
successfully'', used with respect to a local area, means the
local area met or exceeded the adjusted levels of performance
for primary indicators of performance described in section
116(b)(2)(A) (or, if applicable, core indicators of performance
described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998, as in effect the day before the date of enactment
of this Act) for each of the last 2 consecutive years for which
data are available preceding the determination of performance
under this paragraph.
(2) Sustained fiscal integrity.--The term ``sustained
fiscal integrity'', used with respect to a local area, means
that the Secretary has not made a formal determination, during
either of the last 2 consecutive years preceding the
determination regarding such integrity, that either the grant
recipient or the administrative entity of the area misexpended
funds provided under subtitle B (or, if applicable, title I of
the Workforce Investment Act of 1998 as in effect prior to the
effective date of such subtitle B) due to willful disregard of
the requirements of the provision involved, gross negligence,
or failure to comply with accepted standards of administration.
SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Establishment.--Except as provided in subsection (c)(2)(A),
there shall be established, and certified by the Governor of the State,
a local workforce development board in each local area of a State to
carry out the functions described in subsection (d) (and any functions
specified for the local board under this Act or the provisions
establishing a core program) for such area.
(b) Membership.--
(1) State criteria.--The Governor, in partnership with the
State board, shall establish criteria for use by chief elected
officials in the local areas for appointment of members of the
local boards in such local areas in accordance with the
requirements of paragraph (2).
(2) Composition.--Such criteria shall require that, at a
minimum--
(A) a majority of the members of each local board
shall be representatives of business in the local area,
who--
(i) are owners of businesses, chief
executives or operating officers of businesses,
or other business executives or employers with
optimum policymaking or hiring authority;
(ii) represent businesses, including small
businesses, or organizations representing
businesses described in this clause, that
provide employment opportunities that, at a
minimum, include high-quality, work-relevant
training and development in in-demand industry
sectors or occupations in the local area; and
(iii) are appointed from among individuals
nominated by local business organizations and
business trade associations;
(B) not less than 20 percent of the members of each
local board shall be representatives of the workforce
within the local area, who--
(i) shall include representatives of labor
organizations (for a local area in which
employees are represented by labor
organizations), who have been nominated by
local labor federations, or (for a local area
in which no employees are represented by such
organizations) other representatives of
employees;
(ii) shall include a representative, who
shall be a member of a labor organization or a
training director, from a joint labor-
management apprenticeship program, or if no
such joint program exists in the area, such a
representative of an apprenticeship program in
the area, if such a program exists;
(iii) may include representatives of
community-based organizations that have
demonstrated experience and expertise in
addressing the employment needs of individuals
with barriers to employment, including
organizations that serve veterans or that
provide or support competitive integrated
employment for individuals with disabilities;
and
(iv) may include representatives of
organizations that have demonstrated experience
and expertise in addressing the employment,
training, or education needs of eligible youth,
including representatives of organizations that
serve out-of-school youth;
(C) each local board shall include representatives
of entities administering education and training
activities in the local area, who--
(i) shall include a representative of
eligible providers administering adult
education and literacy activities under title
II;
(ii) shall include a representative of
institutions of higher education providing
workforce investment activities (including
community colleges);
(iii) may include representatives of local
educational agencies, and of community-based
organizations with demonstrated experience and
expertise in addressing the education or
training needs of individuals with barriers to
employment;
(D) each local board shall include representatives
of governmental and economic and community development
entities serving the local area, who--
(i) shall include a representative of
economic and community development entities;
(ii) shall include an appropriate
representative from the State employment
service office under the Wagner-Peyser Act (29
U.S.C. 49 et seq.) serving the local area;
(iii) shall include an appropriate
representative of the programs carried out
under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112
or part C of that title (29 U.S.C. 732, 741),
serving the local area;
(iv) may include representatives of
agencies or entities administering programs
serving the local area relating to
transportation, housing, and public assistance;
and
(v) may include representatives of
philanthropic organizations serving the local
area; and
(E) each local board may include such other
individuals or representatives of entities as the chief
elected official in the local area may determine to be
appropriate.
(3) Chairperson.--The members of the local board shall
elect a chairperson for the local board from among the
representatives described in paragraph (2)(A).
(4) Standing committees.--
(A) In general.--The local board may designate and
direct the activities of standing committees to provide
information and to assist the local board in carrying
out activities under this section. Such standing
committees shall be chaired by a member of the local
board, may include other members of the local board,
and shall include other individuals appointed by the
local board who are not members of the local board and
who the local board determines have appropriate
experience and expertise. At a minimum, the local board
may designate each of the following:
(i) A standing committee to provide
information and assist with operational and
other issues relating to the one-stop delivery
system, which may include as members
representatives of the one-stop partners.
(ii) A standing committee to provide
information and to assist with planning,
operational, and other issues relating to the
provision of services to youth, which shall
include community-based organizations with a
demonstrated record of success in serving
eligible youth.
(iii) A standing committee to provide
information and to assist with operational and
other issues relating to the provision of
services to individuals with disabilities,
including issues relating to compliance with
section 188, if applicable, and applicable
provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) regarding
providing programmatic and physical access to
the services, programs, and activities of the
one-stop delivery system, as well as
appropriate training for staff on providing
supports for or accommodations to, and finding
employment opportunities for, individuals with
disabilities.
(B) Additional committees.--The local board may
designate standing committees in addition to the
standing committees specified in subparagraph (A).
(C) Designation of entity.--Nothing in this
paragraph shall be construed to prohibit the
designation of an existing (as of the date of enactment
of this Act) entity, such as an effective youth
council, to fulfill the requirements of this paragraph
as long as the entity meets the requirements of this
paragraph.
(5) Authority of board members.--Members of the board that
represent organizations, agencies, or other entities shall be
individuals with optimum policymaking authority within the
organizations, agencies, or entities. The members of the board
shall represent diverse geographic areas within the local area.
(6) Special rule.--If there are multiple eligible providers
serving the local area by administering adult education and
literacy activities under title II, or multiple institutions of
higher education serving the local area by providing workforce
investment activities, each representative on the local board
described in clause (i) or (ii) of paragraph (2)(C),
respectively, shall be appointed from among individuals
nominated by local providers representing such providers or
institutions, respectively.
(c) Appointment and Certification of Board.--
(1) Appointment of board members and assignment of
responsibilities.--
(A) In general.--The chief elected official in a
local area is authorized to appoint the members of the
local board for such area, in accordance with the State
criteria established under subsection (b).
(B) Multiple units of local government in area.--
(i) In general.--In a case in which a local
area includes more than 1 unit of general local
government, the chief elected officials of such
units may execute an agreement that specifies
the respective roles of the individual chief
elected officials--
(I) in the appointment of the
members of the local board from the
individuals nominated or recommended to
be such members in accordance with the
criteria established under subsection
(b); and
(II) in carrying out any other
responsibilities assigned to such
officials under this title.
(ii) Lack of agreement.--If, after a
reasonable effort, the chief elected officials
are unable to reach agreement as provided under
clause (i), the Governor may appoint the
members of the local board from individuals so
nominated or recommended.
(C) Concentrated employment programs.--In the case
of an area that was designated as a local area in
accordance with section 116(a)(2)(B) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act), and that remains a
local area on that date, the governing body of the
concentrated employment program involved shall act in
consultation with the chief elected official in the
local area to appoint members of the local board, in
accordance with the State criteria established under
subsection (b), and to carry out any other
responsibility relating to workforce investment
activities assigned to such official under this Act.
(2) Certification.--
(A) In general.--The Governor shall, once every 2
years, certify 1 local board for each local area in the
State.
(B) Criteria.--Such certification shall be based on
criteria established under subsection (b), and for a
second or subsequent certification, the extent to which
the local board has ensured that workforce investment
activities carried out in the local area have enabled
the local area to meet the corresponding performance
accountability measures and achieve sustained fiscal
integrity, as defined in section 106(e)(2).
(C) Failure to achieve certification.--Failure of a
local board to achieve certification shall result in
appointment and certification of a new local board for
the local area pursuant to the process described in
paragraph (1) and this paragraph.
(3) Decertification.--
(A) Fraud, abuse, failure to carry out functions.--
Notwithstanding paragraph (2), the Governor shall have
the authority to decertify a local board at any time
after providing notice and an opportunity for comment,
for--
(i) fraud or abuse; or
(ii) failure to carry out the functions
specified for the local board in subsection
(d).
(B) Nonperformance.--Notwithstanding paragraph (2),
the Governor may decertify a local board if a local
area fails to meet the local performance accountability
measures for such local area in accordance with section
116(c) for 2 consecutive program years.
(C) Reorganization plan.--If the Governor
decertifies a local board for a local area under
subparagraph (A) or (B), the Governor may require that
a new local board be appointed and certified for the
local area pursuant to a reorganization plan developed
by the Governor, in consultation with the chief elected
official in the local area and in accordance with the
criteria established under subsection (b).
(4) Single state local area.--
(A) State board.--Notwithstanding subsection (b)
and paragraphs (1) and (2), if a State described in
section 106(d) indicates in the State plan that the
State will be treated as a single State local area, for
purposes of the application of this Act or the
provisions authorizing a core program, the State board
shall carry out any of the functions of a local board
under this Act or the provisions authorizing a core
program, including the functions described in
subsection (d).
(B) References.--
(i) In general.--Except as provided in
clauses (ii) and (iii), with respect to such a
State, a reference in this Act or a core
program provision to a local board shall be
considered to be a reference to the State
board, and a reference in the Act or provision
to a local area or region shall be considered
to be a reference to the State.
(ii) Plans.--The State board shall prepare
a local plan under section 108 for the State,
and submit the plan for approval as part of the
State plan.
(iii) Performance accountability
measures.--The State shall not be required to
meet and report on a set of local performance
accountability measures.
(d) Functions of Local Board.--Consistent with section 108, the
functions of the local board shall include the following:
(1) Local plan.--The local board, in partnership with the
chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets the
requirements in section 108. If the local area is part of a
planning region that includes other local areas, the local
board shall collaborate with the other local boards and chief
elected officials from such other local areas in the
preparation and submission of a regional plan as described in
section 106(c)(2).
(2) Workforce research and regional labor market
analysis.--In order to assist in the development and
implementation of the local plan, the local board shall--
(A) carry out analyses of the economic conditions
in the region, the needed knowledge and skills for the
region, the workforce in the region, and workforce
development activities (including education and
training) in the region described in section
108(b)(1)(D), and regularly update such information;
(B) assist the Governor in developing the statewide
workforce and labor market information system described
in section 15(e) of the Wagner-Peyser Act (29 U.S.C.
49l-2(e)), specifically in the collection, analysis,
and utilization of workforce and labor market
information for the region; and
(C) conduct such other research, data collection,
and analysis related to the workforce needs of the
regional economy as the board, after receiving input
from a wide array of stakeholders, determines to be
necessary to carry out its functions.
(3) Convening, brokering, leveraging.--The local board
shall convene local workforce development system stakeholders
to assist in the development of the local plan under section
108 and in identifying non-Federal expertise and resources to
leverage support for workforce development activities. The
local board, including standing committees, may engage such
stakeholders in carrying out the functions described in this
subsection.
(4) Employer engagement.--The local board shall lead
efforts to engage with a diverse range of employers and with
entities in the region involved--
(A) to promote business representation
(particularly representatives with optimal policymaking
or hiring authority from employers whose employment
opportunities reflect existing and emerging employment
opportunities in the region) on the local board;
(B) to develop effective linkages (including the
use of intermediaries) with employers in the region to
support employer utilization of the local workforce
development system and to support local workforce
investment activities;
(C) to ensure that workforce investment activities
meet the needs of employers and support economic growth
in the region, by enhancing communication,
coordination, and collaboration among employers,
economic development entities, and service providers;
and
(D) to develop and implement proven or promising
strategies for meeting the employment and skill needs
of workers and employers (such as the establishment of
industry and sector partnerships), that provide the
skilled workforce needed by employers in the region,
and that expand employment and career advancement
opportunities for workforce development system
participants in in-demand industry sectors or
occupations.
(5) Career pathways development.--The local board, with
representatives of secondary and postsecondary education
programs, shall lead efforts in the local area to develop and
implement career pathways within the local area by aligning the
employment, training, education, and supportive services that
are needed by adults and youth, particularly individuals with
barriers to employment.
(6) Proven and promising practices.--The local board shall
lead efforts in the local area to--
(A) identify and promote proven and promising
strategies and initiatives for meeting the needs of
employers, and workers and jobseekers (including
individuals with barriers to employment) in the local
workforce development system, including providing
physical and programmatic accessibility, in accordance
with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), to the one-stop
delivery system; and
(B) identify and disseminate information on proven
and promising practices carried out in other local
areas for meeting such needs.
(7) Technology.--The local board shall develop strategies
for using technology to maximize the accessibility and
effectiveness of the local workforce development system for
employers, and workers and jobseekers, by--
(A) facilitating connections among the intake and
case management information systems of the one-stop
partner programs to support a comprehensive workforce
development system in the local area;
(B) facilitating access to services provided
through the one-stop delivery system involved,
including facilitating the access in remote areas;
(C) identifying strategies for better meeting the
needs of individuals with barriers to employment,
including strategies that augment traditional service
delivery, and increase access to services and programs
of the one-stop delivery system, such as improving
digital literacy skills; and
(D) leveraging resources and capacity within the
local workforce development system, including resources
and capacity for services for individuals with barriers
to employment.
(8) Program oversight.--The local board, in partnership
with the chief elected official for the local area, shall--
(A)(i) conduct oversight for local youth workforce
investment activities authorized under section 129(c),
local employment and training activities authorized
under subsections (c) and (d) of section 134, and the
one-stop delivery system in the local area; and
(ii) ensure the appropriate use and management of
the funds provided under subtitle B for the activities
and system described in clause (i); and
(B) for workforce development activities, ensure
the appropriate use, management, and investment of
funds to maximize performance outcomes under section
116.
(9) Negotiation of local performance accountability
measures.--The local board, the chief elected official, and the
Governor shall negotiate and reach agreement on local
performance accountability measures as described in section
116(c).
(10) Selection of operators and providers.--
(A) Selection of one-stop operators.--Consistent
with section 121(d), the local board, with the
agreement of the chief elected official for the local
area--
(i) shall designate or certify one-stop
operators as described in section 121(d)(2)(A);
and
(ii) may terminate for cause the
eligibility of such operators.
(B) Selection of youth providers.--Consistent with
section 123, the local board--
(i) shall identify eligible providers of
youth workforce investment activities in the
local area by awarding grants or contracts on a
competitive basis (except as provided in
section 123(b)), based on the recommendations
of the youth standing committee, if such a
committee is established for the local area
under subsection (b)(4); and
(ii) may terminate for cause the
eligibility of such providers.
(C) Identification of eligible providers of
training services.--Consistent with section 122, the
local board shall identify eligible providers of
training services in the local area.
(D) Identification of eligible providers of career
services.--If the one-stop operator does not provide
career services described in section 134(c)(2) in a
local area, the local board shall identify eligible
providers of those career services in the local area by
awarding contracts.
(E) Consumer choice requirements.--Consistent with
section 122 and paragraphs (2) and (3) of section
134(c), the local board shall work with the State to
ensure there are sufficient numbers and types of
providers of career services and training services
(including eligible providers with expertise in
assisting individuals with disabilities and eligible
providers with expertise in assisting adults in need of
adult education and literacy activities) serving the
local area and providing the services involved in a
manner that maximizes consumer choice, as well as
providing opportunities that lead to competitive
integrated employment for individuals with
disabilities.
(11) Coordination with education providers.--
(A) In general.--The local board shall coordinate
activities with education and training providers in the
local area, including providers of workforce investment
activities, providers of adult education and literacy
activities under title II, providers of career and
technical education (as defined in section 3 of the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302)) and local agencies administering
plans under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112 or part
C of that title (29 U.S.C. 732, 741).
(B) Applications and agreements.--The coordination
described in subparagraph (A) shall include--
(i) consistent with section 232--
(I) reviewing the applications to
provide adult education and literacy
activities under title II for the local
area, submitted under such section to
the eligible agency by eligible
providers, to determine whether such
applications are consistent with the
local plan; and
(II) making recommendations to the
eligible agency to promote alignment
with such plan; and
(ii) replicating cooperative agreements in
accordance with subparagraph (B) of section
101(a)(11) of the Rehabilitation Act of 1973
(29 U.S.C. 721(a)(11)), and implementing
cooperative agreements in accordance with that
section with the local agencies administering
plans under title I of that Act (29 U.S.C. 720
et seq.) (other than section 112 or part C of
that title (29 U.S.C. 732, 741) and subject to
section 121(f)), with respect to efforts that
will enhance the provision of services to
individuals with disabilities and other
individuals, such as cross training of staff,
technical assistance, use and sharing of
information, cooperative efforts with
employers, and other efforts at cooperation,
collaboration, and coordination.
(C) Cooperative agreement.--In this paragraph, the
term ``cooperative agreement'' means an agreement
entered into by a State designated agency or State
designated unit under subparagraph (A) of section
101(a)(11) of the Rehabilitation Act of 1973.
(12) Budget and administration.--
(A) Budget.--The local board shall develop a budget
for the activities of the local board in the local
area, consistent with the local plan and the duties of
the local board under this section, subject to the
approval of the chief elected official.
(B) Administration.--
(i) Grant recipient.--
(I) In general.--The chief elected
official in a local area shall serve as
the local grant recipient for, and
shall be liable for any misuse of, the
grant funds allocated to the local area
under sections 128 and 133, unless the
chief elected official reaches an
agreement with the Governor for the
Governor to act as the local grant
recipient and bear such liability.
(II) Designation.--In order to
assist in administration of the grant
funds, the chief elected official or
the Governor, where the Governor serves
as the local grant recipient for a
local area, may designate an entity to
serve as a local grant subrecipient for
such funds or as a local fiscal agent.
Such designation shall not relieve the
chief elected official or the Governor
of the liability for any misuse of
grant funds as described in subclause
(I).
(III) Disbursal.--The local grant
recipient or an entity designated under
subclause (II) shall disburse the grant
funds for workforce investment
activities at the direction of the
local board, pursuant to the
requirements of this title. The local
grant recipient or entity designated
under subclause (II) shall disburse the
funds immediately on receiving such
direction from the local board.
(ii) Grants and donations.--The local board
may solicit and accept grants and donations
from sources other than Federal funds made
available under this Act.
(iii) Tax-exempt status.--For purposes of
carrying out duties under this Act, local
boards may incorporate, and may operate as
entities described in section 501(c)(3) of the
Internal Revenue Code of 1986 that are exempt
from taxation under section 501(a) of such
Code.
(13) Accessibility for individuals with disabilities.--The
local board shall annually assess the physical and programmatic
accessibility, in accordance with section 188, if applicable,
and applicable provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), of all one-stop centers
in the local area.
(e) Sunshine Provision.--The local board shall make available to
the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the local board,
including information regarding the local plan prior to submission of
the plan, and regarding membership, the designation and certification
of one-stop operators, and the award of grants or contracts to eligible
providers of youth workforce investment activities, and on request,
minutes of formal meetings of the local board.
(f) Staff.--
(1) In general.--The local board may hire a director and
other staff to assist in carrying out the functions described
in subsection (d) using funds available under sections 128(b)
and 133(b) as described in section 128(b)(4).
(2) Qualifications.--The local board shall establish and
apply a set of objective qualifications for the position of
director, that ensures that the individual selected has the
requisite knowledge, skills, and abilities, to meet identified
benchmarks and to assist in effectively carrying out the
functions of the local board.
(3) Limitation on rate.--The director and staff described
in paragraph (1) shall be subject to the limitations on the
payment of salaries and bonuses described in section 194(15).
(g) Limitations.--
(1) Training services.--
(A) In general.--Except as provided in subparagraph
(B), no local board may provide training services.
(B) Waivers of training prohibition.--The Governor
of the State in which a local board is located may,
pursuant to a request from the local board, grant a
written waiver of the prohibition set forth in
subparagraph (A) (relating to the provision of training
services) for a program of training services, if the
local board--
(i) submits to the Governor a proposed
request for the waiver that includes--
(I) satisfactory evidence that
there is an insufficient number of
eligible providers of such a program of
training services to meet local demand
in the local area;
(II) information demonstrating that
the board meets the requirements for an
eligible provider of training services
under section 122; and
(III) information demonstrating
that the program of training services
prepares participants for an in-demand
industry sector or occupation in the
local area;
(ii) makes the proposed request available
to eligible providers of training services and
other interested members of the public for a
public comment period of not less than 30 days;
and
(iii) includes, in the final request for
the waiver, the evidence and information
described in clause (i) and the comments
received pursuant to clause (ii).
(C) Duration.--A waiver granted to a local board
under subparagraph (B) shall apply for a period that
shall not exceed the duration of the local plan. The
waiver may be renewed for additional periods under
subsequent local plans, not to exceed the durations of
such subsequent plans, pursuant to requests from the
local board, if the board meets the requirements of
subparagraph (B) in making the requests.
(D) Revocation.--The Governor shall have the
authority to revoke the waiver during the appropriate
period described in subparagraph (C) if the Governor
determines the waiver is no longer needed or that the
local board involved has engaged in a pattern of
inappropriate referrals to training services operated
by the local board.
(2) Career services; designation or certification as one-
stop operators.--A local board may provide career services
described in section 134(c)(2) through a one-stop delivery
system or be designated or certified as a one-stop operator
only with the agreement of the chief elected official in the
local area and the Governor.
(3) Limitation on authority.--Nothing in this Act shall be
construed to provide a local board with the authority to
mandate curricula for schools.
(h) Conflict of Interest.--A member of a local board, or a member
of a standing committee, may not--
(1) vote on a matter under consideration by the local
board--
(A) regarding the provision of services by such
member (or by an entity that such member represents);
or
(B) that would provide direct financial benefit to
such member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State
plan.
(i) Alternative Entity.--
(1) In general.--For purposes of complying with subsections
(a), (b), and (c), a State may use any local entity (including
a local council, regional workforce development board, or
similar entity) that--
(A) is established to serve the local area (or the
service delivery area that most closely corresponds to
the local area);
(B) was in existence on the day before the date of
enactment of this Act, pursuant to State law; and
(C) includes--
(i) representatives of business in the
local area; and
(ii)(I) representatives of labor
organizations (for a local area in which
employees are represented by labor
organizations), nominated by local labor
federations; or
(II) other representatives of employees in
the local area (for a local area in which no
employees are represented by such
organizations).
(2) References.--A reference in this Act or a core program
provision to a local board, shall include a reference to such
an entity.
SEC. 108. LOCAL PLAN.
(a) In General.--Each local board shall develop and submit to the
Governor a comprehensive 4-year local plan, in partnership with the
chief elected official. The local plan shall support the strategy
described in the State plan in accordance with section 102(b)(1)(E),
and otherwise be consistent with the State plan. If the local area is
part of a planning region, the local board shall comply with section
106(c) in the preparation and submission of a regional plan. At the end
of the first 2-year period of the 4-year local plan, each local board
shall review the local plan and the local board, in partnership with
the chief elected official, shall prepare and submit modifications to
the local plan to reflect changes in labor market and economic
conditions or in other factors affecting the implementation of the
local plan.
(b) Contents.--The local plan shall include--
(1) a description of the strategic planning elements
consisting of--
(A) an analysis of the regional economic conditions
including--
(i) existing and emerging in-demand
industry sectors and occupations; and
(ii) the employment needs of employers in
those industry sectors and occupations;
(B) an analysis of the knowledge and skills needed
to meet the employment needs of the employers in the
region, including employment needs in in-demand
industry sectors and occupations;
(C) an analysis of the workforce in the region,
including current labor force employment (and
unemployment) data, and information on labor market
trends, and the educational and skill levels of the
workforce in the region, including individuals with
barriers to employment;
(D) an analysis of the workforce development
activities (including education and training) in the
region, including an analysis of the strengths and
weaknesses of such services, and the capacity to
provide such services, to address the identified
education and skill needs of the workforce and the
employment needs of employers in the region;
(E) a description of the local board's strategic
vision and goals for preparing an educated and skilled
workforce (including youth and individuals with
barriers to employment), including goals relating to
the performance accountability measures based on
primary indicators of performance described in section
116(b)(2)(A) in order to support regional economic
growth and economic self-sufficiency; and
(F) taking into account analyses described in
subparagraphs (A) through (D), a strategy to work with
the entities that carry out the core programs to align
resources available to the local area, to achieve the
strategic vision and goals described in subparagraph
(E);
(2) a description of the workforce development system in
the local area that identifies the programs that are included
in that system and how the local board will work with the
entities carrying out core programs and other workforce
development programs to support alignment to provide services,
including programs of study authorized under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), that support the strategy identified in the
State plan under section 102(b)(1)(E);
(3) a description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for
eligible individuals, particularly eligible individuals with
barriers to employment, including how the local board will
facilitate the development of career pathways and co-
enrollment, as appropriate, in core programs, and improve
access to activities leading to a recognized postsecondary
credential (including a credential that is an industry-
recognized certificate or certification, portable, and
stackable);
(4) a description of the strategies and services that will
be used in the local area--
(A) in order to--
(i) facilitate engagement of employers,
including small employers and employers in in-
demand industry sectors and occupations, in
workforce development programs;
(ii) support a local workforce development
system that meets the needs of businesses in
the local area;
(iii) better coordinate workforce
development programs and economic development;
and
(iv) strengthen linkages between the one-
stop delivery system and unemployment insurance
programs; and
(B) that may include the implementation of
initiatives such as incumbent worker training programs,
on-the-job training programs, customized training
programs, industry and sector strategies, career
pathways initiatives, utilization of effective business
intermediaries, and other business services and
strategies, designed to meet the needs of employers in
the corresponding region in support of the strategy
described in paragraph (1)(F);
(5) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with economic development activities carried out in the region
in which the local area is located (or planning region), and
promote entrepreneurial skills training and microenterprise
services;
(6) a description of the one-stop delivery system in the
local area, including--
(A) a description of how the local board will
ensure the continuous improvement of eligible providers
of services through the system and ensure that such
providers meet the employment needs of local employers,
and workers and jobseekers;
(B) a description of how the local board will
facilitate access to services provided through the one-
stop delivery system, including in remote areas,
through the use of technology and through other means;
(C) a description of how entities within the one-
stop delivery system, including one-stop operators and
the one-stop partners, will comply with section 188, if
applicable, and applicable provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
regarding the physical and programmatic accessibility
of facilities, programs and services, technology, and
materials for individuals with disabilities, including
providing staff training and support for addressing the
needs of individuals with disabilities; and
(D) a description of the roles and resource
contributions of the one-stop partners;
(7) a description and assessment of the type and
availability of adult and dislocated worker employment and
training activities in the local area;
(8) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with statewide rapid response activities, as described in
section 134(a)(2)(A);
(9) a description and assessment of the type and
availability of youth workforce investment activities in the
local area, including activities for youth who are individuals
with disabilities, which description and assessment shall
include an identification of successful models of such youth
workforce investment activities;
(10) a description of how the local board will coordinate
education and workforce investment activities carried out in
the local area with relevant secondary and postsecondary
education programs and activities to coordinate strategies,
enhance services, and avoid duplication of services;
(11) a description of how the local board will coordinate
workforce investment activities carried out under this title in
the local area with the provision of transportation, including
public transportation, and other appropriate supportive
services in the local area;
(12) a description of plans and strategies for, and
assurances concerning, maximizing coordination of services
provided by the State employment service under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) and services provided in the
local area through the one-stop delivery system, to improve
service delivery and avoid duplication of services;
(13) a description of how the local board will coordinate
workforce investment activities carried out under this title in
the local area with the provision of adult education and
literacy activities under title II in the local area, including
a description of how the local board will carry out, consistent
with subparagraphs (A) and (B)(i) of section 107(d)(11) and
section 232, the review of local applications submitted under
title II;
(14) a description of the replicated cooperative agreements
(as defined in section 107(d)(11)) between the local board or
other local entities described in section 101(a)(11)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the
local office of a designated State agency or designated State
unit administering programs carried out under title I of such
Act (29 U.S.C. 720 et seq.) (other than section 112 or part C
of that title (29 U.S.C. 732, 741) and subject to section
121(f)) in accordance with section 101(a)(11) of such Act (29
U.S.C. 721(a)(11)) with respect to efforts that will enhance
the provision of services to individuals with disabilities and
to other individuals, such as cross training of staff,
technical assistance, use and sharing of information,
cooperative efforts with employers, and other efforts at
cooperation, collaboration, and coordination;
(15) an identification of the entity responsible for the
disbursal of grant funds described in section
107(d)(12)(B)(i)(III), as determined by the chief elected
official or the Governor under section 107(d)(12)(B)(i);
(16) a description of the competitive process to be used to
award the subgrants and contracts in the local area for
activities carried out under this title;
(17) a description of the local levels of performance
negotiated with the Governor and chief elected official
pursuant to section 116(c), to be used to measure the
performance of the local area and to be used by the local board
for measuring the performance of the local fiscal agent (where
appropriate), eligible providers under subtitle B, and the one-
stop delivery system, in the local area;
(18) a description of the actions the local board will take
toward becoming or remaining a high-performing board,
consistent with the factors developed by the State board
pursuant to section 101(d)(6);
(19) a description of how training services under chapter 3
of subtitle B will be provided in accordance with section
134(c)(3)(G), including, if contracts for the training services
will be used, how the use of such contracts will be coordinated
with the use of individual training accounts under that chapter
and how the local board will ensure informed customer choice in
the selection of training programs regardless of how the
training services are to be provided;
(20) a description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for
public comment, including comment by representatives of
businesses and comment by representatives of labor
organizations, and input into the development of the local
plan, prior to submission of the plan;
(21) a description of how one-stop centers are implementing
and transitioning to an integrated, technology-enabled intake
and case management information system for programs carried out
under this Act and programs carried out by one-stop partners;
and
(22) such other information as the Governor may require.
(c) Existing Analysis.--As appropriate, a local area may use an
existing analysis in order to carry out the requirements of subsection
(b)(1) concerning an analysis.
(d) Process.--Prior to the date on which the local board submits a
local plan under this section, the local board shall--
(1) make available copies of a proposed local plan to the
public through electronic and other means, such as public
hearings and local news media;
(2) allow members of the public, including representatives
of business, representatives of labor organizations, and
representatives of education to submit to the local board
comments on the proposed local plan, not later than the end of
the 30-day period beginning on the date on which the proposed
local plan is made available; and
(3) include with the local plan submitted to the Governor
under this section any such comments that represent
disagreement with the plan.
(e) Plan Submission and Approval.--A local plan submitted to the
Governor under this section (including a modification to such a local
plan) shall be considered to be approved by the Governor at the end of
the 90-day period beginning on the day the Governor receives the plan
(including such a modification), unless the Governor makes a written
determination during the 90-day period that--
(1) deficiencies in activities carried out under this
subtitle or subtitle B have been identified, through audits
conducted under section 184 or otherwise, and the local area
has not made acceptable progress in implementing corrective
measures to address the deficiencies;
(2) the plan does not comply with the applicable provisions
of this Act; or
(3) the plan does not align with the State plan, including
failing to provide for alignment of the core programs to
support the strategy identified in the State plan in accordance
with section 102(b)(1)(E).
CHAPTER 3--BOARD PROVISIONS
SEC. 111. FUNDING OF STATE AND LOCAL BOARDS.
(a) State Boards.--In funding a State board under this subtitle, a
State--
(1) shall use funds available as described in section
129(b)(3) or 134(a)(3)(B); and
(2) may use non-Federal funds available to the State that
the State determines are appropriate and available for that
use.
(b) Local Boards.--In funding a local board under this subtitle,
the chief elected official and local board for the local area--
(1) shall use funds available as described in section
128(b)(4); and
(2) may use non-Federal funds available to the local area
that the chief elected official and local board determine are
appropriate and available for that use.
CHAPTER 4--PERFORMANCE ACCOUNTABILITY
SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) Purpose.--The purpose of this section is to establish
performance accountability measures that apply across the core programs
to assess the effectiveness of States and local areas (for core
programs described in subtitle B) in achieving positive outcomes for
individuals served by those programs.
(b) State Performance Accountability Measures.--
(1) In general.--For each State, the performance
accountability measures for the core programs shall consist
of--
(A)(i) the primary indicators of performance
described in paragraph (2)(A); and
(ii) the additional indicators of performance (if
any) identified by the State under paragraph (2)(B);
and
(B) a State adjusted level of performance for each
indicator described in subparagraph (A).
(2) Indicators of performance.--
(A) Primary indicators of performance.--
(i) In general.--The State primary
indicators of performance for activities
provided under the adult and dislocated worker
programs authorized under chapter 3 of subtitle
B, the program of adult education and literacy
activities authorized under title II, the
employment services program authorized under
sections 1 through 13 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) (except that subclauses
(IV) and (V) shall not apply to such program),
and the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741), shall consist of--
(I) the percentage of program
participants who are in unsubsidized
employment during the second quarter
after exit from the program;
(II) the percentage of program
participants who are in unsubsidized
employment during the fourth quarter
after exit from the program;
(III) the median earnings of
program participants who are in
unsubsidized employment during the
second quarter after exit from the
program;
(IV) the percentage of program
participants who obtain a recognized
postsecondary credential, or a
secondary school diploma or its
recognized equivalent (subject to
clause (iii)), during participation in
or within 1 year after exit from the
program;
(V) the percentage of program
participants who, during a program
year, are in an education or training
program that leads to a recognized
postsecondary credential or employment
and who are achieving measurable skill
gains toward such a credential or
employment; and
(VI) the indicators of
effectiveness in serving employers
established pursuant to clause (iv).
(ii) Primary indicators for eligible
youth.--The primary indicators of performance
for the youth program authorized under chapter
2 of subtitle B shall consist of--
(I) the percentage of program
participants who are in education or
training activities, or in unsubsidized
employment, during the second quarter
after exit from the program;
(II) the percentage of program
participants who are in education or
training activities, or in unsubsidized
employment, during the fourth quarter
after exit from the program; and
(III) the primary indicators of
performance described in subclauses
(III) through (VI) of subparagraph
(A)(i).
(iii) Indicator relating to credential.--
For purposes of clause (i)(IV), or clause
(ii)(III) with respect to clause (i)(IV),
program participants who obtain a secondary
school diploma or its recognized equivalent
shall be included in the percentage counted as
meeting the criterion under such clause only if
such participants, in addition to obtaining
such diploma or its recognized equivalent, have
obtained or retained employment or are in an
education or training program leading to a
recognized postsecondary credential within 1
year after exit from the program.
(iv) Indicator for services to employers.--
Prior to the commencement of the second full
program year after the date of enactment of
this Act, for purposes of clauses (i)(VI), or
clause (ii)(III) with respect to clause
(i)(IV), the Secretary of Labor and the
Secretary of Education, after consultation with
the representatives described in paragraph
(4)(B), shall jointly develop and establish,
for purposes of this subparagraph, 1 or more
primary indicators of performance that indicate
the effectiveness of the core programs in
serving employers.
(B) Additional indicators.--A State may identify in
the State plan additional performance accountability
indicators.
(3) Levels of performance.--
(A) State adjusted levels of performance for
primary indicators.--
(i) In general.--For each State submitting
a State plan, there shall be established, in
accordance with this subparagraph, levels of
performance for each of the corresponding
primary indicators of performance described in
paragraph (2) for each of the programs
described in clause (ii).
(ii) Included programs.--The programs
included under clause (i) are--
(I) the youth program authorized
under chapter 2 of subtitle B;
(II) the adult program authorized
under chapter 3 of subtitle B;
(III) the dislocated worker program
authorized under chapter 3 of subtitle
B;
(IV) the program of adult education
and literacy activities authorized
under title II;
(V) the employment services program
authorized under sections 1 through 13
of the Wagner-Peyser Act (29 U.S.C. 49
et seq.); and
(VI) the program authorized under
title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that
title (29 U.S.C. 732, 741).
(iii) Identification in state plan.--Each
State shall identify, in the State plan,
expected levels of performance for each of the
corresponding primary indicators of performance
for each of the programs described in clause
(ii) for the first 2 program years covered by
the State plan.
(iv) Agreement on state adjusted levels of
performance.--
(I) First 2 years.--The State shall
reach agreement with the Secretary of
Labor, in conjunction with the
Secretary of Education on levels of
performance for each indicator
described in clause (iii) for each of
the programs described in clause (ii)
for each of the first 2 program years
covered by the State plan. In reaching
the agreement, the State and the
Secretary of Labor in conjunction with
the Secretary of Education shall take
into account the levels identified in
the State plan under clause (iii) and
the factors described in clause (v).
The levels agreed to shall be
considered to be the State adjusted
levels of performance for the State for
such program years and shall be
incorporated into the State plan prior
to the approval of such plan.
(II) Third and fourth year.--The
State and the Secretary of Labor, in
conjunction with the Secretary of
Education, shall reach agreement, prior
to the third program year covered by
the State plan, on levels of
performance for each indicator
described in clause (iii) for each of
the programs described in clause (ii)
for each of the third and fourth
program years covered by the State
plan. In reaching the agreement, the
State and Secretary of Labor, in
conjunction with the Secretary of
Education, shall take into account the
factors described in clause (v). The
levels agreed to shall be considered to
be the State adjusted levels of
performance for the State for such
program years and shall be incorporated
into the State plan as a modification
to the plan.
(v) Factors.--In reaching the agreements
described in clause (iv), the State and
Secretaries shall--
(I) take into account how the
levels involved compare with the State
adjusted levels of performance
established for other States;
(II) ensure that the levels
involved are adjusted, using the
objective statistical model established
by the Secretaries pursuant to clause
(viii), based on--
(aa) the differences among
States in actual economic
conditions (including
differences in unemployment
rates and job losses or gains
in particular industries); and
(bb) the characteristics of
participants when the
participants entered the
program involved, including
indicators of poor work
history, lack of work
experience, lack of educational
or occupational skills
attainment, dislocation from
high-wage and high-benefit
employment, low levels of
literacy or English
proficiency, disability status,
homelessness, ex-offender
status, and welfare dependency;
(III) take into account the extent
to which the levels involved promote
continuous improvement in performance
accountability on the performance
accountability measures by such State
and ensure optimal return on the
investment of Federal funds; and
(IV) take into account the extent
to which the levels involved will
assist the State in meeting the goals
described in clause (vi).
(vi) Goals.--In order to promote enhanced
performance outcomes and to facilitate the
process of reaching agreements with the States
under clause (iv), the Secretary of Labor, in
conjunction with the Secretary of Education,
shall establish performance goals for the core
programs, in accordance with the Government
Performance and Results Act of 1993 (Public Law
103-62; 107 Stat. 285) and the amendments made
by that Act, and in consultation with States
and other appropriate parties. Such goals shall
be long-term goals for the adjusted levels of
performance to be achieved by each of the
programs described in clause (ii) regarding the
corresponding primary indicators of performance
described in paragraph (2)(A).
(vii) Revisions based on economic
conditions and individuals served during the
program year.--The Secretary of Labor, in
conjunction with the Secretary of Education,
shall, in accordance with the objective
statistical model developed pursuant to clause
(viii), revise the State adjusted levels of
performance applicable for each of the programs
described in clause (ii), for a program year
and a State, to reflect the actual economic
conditions and characteristics of participants
(as described in clause (v)(II)) in that
program during such program year in such State.
(viii) Statistical adjustment model.--The
Secretary of Labor and the Secretary of
Education, after consultation with the
representatives described in paragraph (4)(B),
shall develop and disseminate an objective
statistical model that will be used to make the
adjustments in the State adjusted levels of
performance for actual economic conditions and
characteristics of participants under clauses
(v) and (vii).
(B) Levels of performance for additional
indicators.--The State may identify, in the State plan,
State levels of performance for each of the additional
indicators identified under paragraph (2)(B). Such
levels shall be considered to be State adjusted levels
of performance for purposes of this section.
(4) Definitions of indicators of performance.--
(A) In general.--In order to ensure nationwide
comparability of performance data, the Secretary of
Labor and the Secretary of Education, after
consultation with representatives described in
subparagraph (B), shall issue definitions for the
indicators described in paragraph (2).
(B) Representatives.--The representatives referred
to in subparagraph (A) are representatives of States
and political subdivisions, business and industry,
employees, eligible providers of activities carried out
through the core programs, educators, researchers,
participants, the lead State agency officials with
responsibility for the programs carried out through the
core programs, individuals with expertise in serving
individuals with barriers to employment, and other
interested parties.
(c) Local Performance Accountability Measures for Subtitle B.--
(1) In general.--For each local area in a State designated
under section 106, the local performance accountability
measures for each of the programs described in subclauses (I)
through (III) of subsection (b)(3)(A)(ii) shall consist of--
(A)(i) the primary indicators of performance
described in subsection (b)(2)(A) that are applicable
to such programs; and
(ii) additional indicators of performance, if any,
identified by the State for such programs under
subsection (b)(2)(B); and
(B) the local level of performance for each
indicator described in subparagraph (A).
(2) Local level of performance.--The local board, the chief
elected official, and the Governor shall negotiate and reach
agreement on local levels of performance based on the State
adjusted levels of performance established under subsection
(b)(3)(A).
(3) Adjustment factors.--In negotiating the local levels of
performance, the local board, the chief elected official, and
the Governor shall make adjustments for the expected economic
conditions and the expected characteristics of participants to
be served in the local area, using the statistical adjustment
model developed pursuant to subsection (b)(3)(A)(viii). In
addition, the negotiated local levels of performance applicable
to a program year shall be revised to reflect the actual
economic conditions experienced and the characteristics of the
populations served in the local area during such program year
using the statistical adjustment model.
(d) Performance Reports.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Labor, in conjunction
with the Secretary of Education, shall develop a template for
performance reports that shall be used by States, local boards,
and eligible providers of training services under section 122
to report on outcomes achieved by the core programs. In
developing such templates, the Secretary of Labor, in
conjunction with the Secretary of Education, will take into
account the need to maximize the value of the templates for
workers, jobseekers, employers, local elected officials, State
officials, Federal policymakers, and other key stakeholders.
(2) Contents of state performance reports.--The performance
report for a State shall include, subject to paragraph (5)(C)--
(A) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection
(b)(2)(A) for each of the programs described in
subsection (b)(3)(A)(ii) and the State adjusted levels
of performance with respect to such indicators for each
program;
(B) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection
(b)(2)(A) for each of the programs described in
subsection (b)(3)(A)(ii) with respect to individuals
with barriers to employment, disaggregated by each
subpopulation of such individuals, and by race,
ethnicity, sex, and age;
(C) the total number of participants served by each
of the programs described in subsection (b)(3)(A)(ii);
(D) the number of participants who received career
and training services, respectively, during the most
recent program year and the 3 preceding program years,
and the amount of funds spent on each type of service;
(E) the number of participants who exited from
career and training services, respectively, during the
most recent program year and the 3 preceding program
years;
(F) the average cost per participant of those
participants who received career and training services,
respectively, during the most recent program year and
the 3 preceding program years;
(G) the percentage of participants in a program
authorized under this subtitle who received training
services and obtained unsubsidized employment in a
field related to the training received;
(H) the number of individuals with barriers to
employment served by each of the programs described in
subsection (b)(3)(A)(ii), disaggregated by each
subpopulation of such individuals;
(I) the number of participants who are enrolled in
more than 1 of the programs described in subsection
(b)(3)(A)(ii);
(J) the percentage of the State's annual allotment
under section 132(b) that the State spent on
administrative costs;
(K) in the case of a State in which local areas are
implementing pay-for-performance contract strategies
for programs--
(i) the performance of service providers
entering into contracts for such strategies,
measured against the levels of performance
specified in the contracts for such strategies;
and
(ii) an evaluation of the design of the
programs and performance of the strategies,
and, where possible, the level of satisfaction
with the strategies among employers and
participants benefitting from the strategies;
and
(L) other information that facilitates comparisons
of programs with programs in other States.
(3) Contents of local area performance reports.--The
performance reports for a local area shall include, subject to
paragraph (6)(C)--
(A) the information specified in subparagraphs (A)
through (L) of paragraph (2), for each of the programs
described in subclauses (I) through (III) of subsection
(b)(3)(A)(ii);
(B) the percentage of the local area's allocation
under sections 128(b) and 133(b) that the local area
spent on administrative costs; and
(C) other information that facilitates comparisons
of programs with programs in other local areas (or
planning regions, as appropriate).
(4) Contents of eligible training providers performance
reports.--The performance report for an eligible provider of
training services under section 122 shall include, subject to
paragraph (6)(C), with respect to each program of study (or the
equivalent) of such provider--
(A) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i) with respect to
all individuals engaging in the program of study (or
the equivalent);
(B) the total number of individuals exiting from
the program of study (or the equivalent);
(C) the total number of participants who received
training services through each of the adult program and
the dislocated worker program authorized under chapter
3 of subtitle B, disaggregated by the type of entity
that provided the training, during the most recent
program year and the 3 preceding program years;
(D) the total number of participants who exited
from training services, disaggregated by the type of
entity that provided the training, during the most
recent program year and the 3 preceding program years;
(E) the average cost per participant for the
participants who received training services,
disaggregated by the type of entity that provided the
training, during the most recent program year and the 3
preceding program years; and
(F) the number of individuals with barriers to
employment served by each of the adult program and the
dislocated worker program authorized under chapter 3 of
subtitle B, disaggregated by each subpopulation of such
individuals, and by race, ethnicity, sex, and age.
(5) Data validation.--In preparing the State reports
described in this subsection, each State shall establish
procedures, consistent with guidelines issued by the Secretary,
in conjunction with the Secretary of Education, to ensure the
information contained in the reports is valid and reliable.
(6) Publication.--
(A) State performance reports.--The Secretary of
Labor and the Secretary of Education shall annually
make available (including by electronic means), in an
easily understandable format, the performance reports
for States containing the information described in
paragraph (2).
(B) Local area and eligible training provider
performance reports.--The State shall make available
(including by electronic means), in an easily
understandable format, the performance reports for the
local areas containing the information described in
paragraph (3) and the performance reports for eligible
providers of training services containing the
information described in paragraph (4).
(C) Rules for reporting of data.--The
disaggregation of data under this subsection shall not
be required when the number of participants in a
category is insufficient to yield statistically
reliable information or when the results would reveal
personally identifiable information about an individual
participant.
(D) Dissemination to congress.--The Secretary of
Labor and the Secretary of Education shall make
available (including by electronic means) a summary of
the reports, and the reports, required under this
subsection 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. The Secretaries shall prepare and make
available with the reports a set of recommendations for
improvements in and adjustments to pay-for-performance
contract strategies used under subtitle B.
(e) Evaluation of State Programs.--
(1) In general.--Using funds authorized under a core
program and made available to carry out this section, the
State, in coordination with local boards in the State and the
State agencies responsible for the administration of the core
programs, shall conduct ongoing evaluations of activities
carried out in the State under such programs. The State, local
boards, and State agencies shall conduct the evaluations in
order to promote, establish, implement, and utilize methods for
continuously improving core program activities in order to
achieve high-level performance within, and high-level outcomes
from, the workforce development system. The State shall
coordinate the evaluations with the evaluations provided for by
the Secretary of Labor and the Secretary of Education under
section 169, section 242(c)(2)(D), and sections 12(a)(5), 14,
and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5),
711, 727) (applied with respect to programs carried out under
title I of that Act (29 U.S.C. 720 et seq.)) and the
investigations provided for by the Secretary of Labor under
section 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)).
(2) Design.--The evaluations conducted under this
subsection shall be designed in conjunction with the State
board, State agencies responsible for the administration of the
core programs, and local boards and shall include analysis of
customer feedback and outcome and process measures in the
statewide workforce development system. The evaluations shall
use designs that employ the most rigorous analytical and
statistical methods that are reasonably feasible, such as the
use of control groups.
(3) Results.--The State shall annually prepare, submit to
the State board and local boards in the State, and make
available to the public (including by electronic means),
reports containing the results of evaluations conducted under
this subsection, to promote the efficiency and effectiveness of
the workforce development system.
(4) Cooperation with federal evaluations.--The State shall,
to the extent practicable, cooperate in the conduct of
evaluations (including related research projects) provided for
by the Secretary of Labor or the Secretary of Education under
the provisions of Federal law identified in paragraph (1). Such
cooperation shall include the provision of data (in accordance
with appropriate privacy protections established by the
Secretary of Labor), the provision of responses to surveys, and
allowing site visits in a timely manner, for the Secretaries or
their agents.
(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
(1) States.--
(A) Technical assistance.--If a State fails to meet
the State adjusted levels of performance relating to
indicators described in subsection (b)(2)(A) for a
program for any program year, the Secretary of Labor
and the Secretary of Education shall provide technical
assistance, including assistance in the development of
a performance improvement plan.
(B) Reduction in amount of grant.--If such failure
continues for a second consecutive year, or (except in
the case of exceptional circumstances as determined by
the Secretary of Labor or the Secretary of Education,
as appropriate) a State fails to submit a report under
subsection (d) for any program year, the percentage of
each amount that would (in the absence of this
paragraph) be reserved by the Governor under section
128(a) for the immediately succeeding program year
shall be reduced by 5 percentage points until such date
as the Secretary of Labor or the Secretary of
Education, as appropriate, determines that the State
meets such State adjusted levels of performance and has
submitted such reports for the appropriate program
years.
(g) Sanctions for Local Area Failure To Meet Local Performance
Accountability Measures.--
(1) Technical assistance.--If a local area fails to meet
local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker
program authorized under chapter 2 or 3 of subtitle B for a
program described in subsection (d)(2)(A) for any program year,
the Governor, or upon request by the Governor, the Secretary of
Labor, shall provide technical assistance, which may include
assistance in the development of a performance improvement plan
or the development of a modified local plan (or regional plan).
(2) Corrective actions.--
(A) In general.--If such failure continues for a
third consecutive year, the Governor shall take
corrective actions, which shall include development of
a reorganization plan through which the Governor
shall--
(i) require the appointment and
certification of a new local board, consistent
with the criteria established under section
107(b);
(ii) prohibit the use of eligible providers
and one-stop partners identified as achieving a
poor level of performance; or
(iii) take such other significant actions
as the Governor determines are appropriate.
(B) Appeal by local area.--
(i) Appeal to governor.--The local board
and chief elected official for a local area
that is subject to a reorganization plan under
subparagraph (A) may, not later than 30 days
after receiving notice of the reorganization
plan, appeal to the Governor to rescind or
revise such plan. In such case, the Governor
shall make a final decision not later than 30
days after the receipt of the appeal.
(ii) Subsequent action.--The local board
and chief elected official for a local area
may, not later than 30 days after receiving a
decision from the Governor pursuant to clause
(i), appeal such decision to the Secretary of
Labor. In such case, the Secretary shall make a
final decision not later than 30 days after the
receipt of the appeal.
(C) Effective date.--The decision made by the
Governor under subparagraph (B)(i) shall become
effective at the time the Governor issues the decision
pursuant to such clause. Such decision shall remain
effective unless the Secretary of Labor rescinds or
revises such plan pursuant to subparagraph (B)(ii).
(h) Establishing Pay-for-Performance Contract Strategy
Incentives.--Using non-Federal funds, the Governor may establish
incentives for local boards to implement pay-for-performance contract
strategies for the delivery of training services described in section
134(c)(3) or activities described in section 129(c)(2) in the local
areas served by the local boards.
(i) Fiscal and Management Accountability Information Systems.--
(1) In general.--Using funds authorized under a core
program and made available to carry out this chapter, the
Governor, in coordination with the State board, the State
agencies administering the core programs, local boards, and
chief elected officials in the State, shall establish and
operate a fiscal and management accountability information
system based on guidelines established by the Secretary of
Labor and the Secretary of Education after consultation with
the Governors of States, chief elected officials, and one-stop
partners. Such guidelines shall promote efficient collection
and use of fiscal and management information for reporting and
monitoring the use of funds authorized under the core programs
and for preparing the annual report described in subsection
(d).
(2) Wage records.--In measuring the progress of the State
on State and local performance accountability measures, a State
shall utilize quarterly wage records, consistent with State
law. The Secretary of Labor shall make arrangements, consistent
with State law, to ensure that the wage records of any State
are available to any other State to the extent that such wage
records are required by the State in carrying out the State
plan of the State or completing the annual report described in
subsection (d).
(3) Confidentiality.--In carrying out the requirements of
this Act, the State shall comply with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
Subtitle B--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) In General.--Consistent with an approved State plan, the local
board for a local area, with the agreement of the chief elected
official for the local area, shall--
(1) develop and enter into the memorandum of understanding
described in subsection (c) with one-stop partners;
(2) designate or certify one-stop operators under
subsection (d); and
(3) conduct oversight with respect to the one-stop delivery
system in the local area.
(b) One-stop Partners.--
(1) Required partners.--
(A) Roles and responsibilities of one-stop
partners.--Each entity that carries out a program or
activities described in subparagraph (B) in a local
area shall--
(i) provide access through the one-stop
delivery system to such program or activities
carried out by the entity, including making the
career services described in section 134(c)(2)
that are applicable to the program or
activities available at the one-stop centers
(in addition to any other appropriate
locations);
(ii) use a portion of the funds available
for the program and activities to maintain the
one-stop delivery system, including payment of
the infrastructure costs of one-stop centers in
accordance with subsection (h);
(iii) enter into a local memorandum of
understanding with the local board, relating to
the operation of the one-stop system, that
meets the requirements of subsection (c);
(iv) participate in the operation of the
one-stop system consistent with the terms of
the memorandum of understanding, the
requirements of this title, and the
requirements of the Federal laws authorizing
the program or activities; and
(v) provide representation on the State
board to the extent provided under section 101.
(B) Programs and activities.--The programs and
activities referred to in subparagraph (A) consist of--
(i) programs authorized under this title;
(ii) programs authorized under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.);
(iii) adult education and literacy
activities authorized under title II;
(iv) programs authorized under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720
et seq.) (other than section 112 or part C of
title I of such Act (29 U.S.C. 732, 741);
(v) activities authorized under title V of
the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.);
(vi) career and technical education
programs at the postsecondary level authorized
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.);
(vii) activities authorized under chapter 2
of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.);
(viii) activities authorized under chapter
41 of title 38, United States Code;
(ix) employment and training activities
carried out under the Community Services Block
Grant Act (42 U.S.C. 9901 et seq.);
(x) employment and training activities
carried out by the Department of Housing and
Urban Development;
(xi) programs authorized under State
unemployment compensation laws (in accordance
with applicable Federal law);
(xii) programs authorized under section 212
of the Second Chance Act of 2007 (42 U.S.C.
17532); and
(xiii) programs authorized under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.), subject to subparagraph (C).
(C) Determination by the governor.--
(i) In general.--An entity that carries out
a program referred to in subparagraph (B)(xiii)
shall be included in the one-stop partners for
the local area, as a required partner, for
purposes of this Act and the other core program
provisions that are not part of this Act,
unless the Governor provides the notification
described in clause (ii).
(ii) Notification.--The notification
referred to in clause (i) is a notification
that--
(I) is made in writing of a
determination by the Governor not to
include such entity in the one-stop
partners described in clause (i); and
(II) is provided to the Secretary
of Labor (referred to in this subtitle,
and subtitles C through E, as the
``Secretary'') and the Secretary of
Health and Human Services.
(2) Additional partners.--
(A) In general.--With the approval of the local
board and chief elected official, in addition to the
entities described in paragraph (1), other entities
that carry out workforce development programs described
in subparagraph (B) may be one-stop partners for the
local area and carry out the responsibilities described
in paragraph (1)(A).
(B) Programs.--The programs referred to in
subparagraph (A) may include--
(i) employment and training programs
administered by the Social Security
Administration, including the Ticket to Work
and Self-Sufficiency Program established under
section 1148 of the Social Security Act (42
U.S.C. 1320b-19);
(ii) employment and training programs
carried out by the Small Business
Administration;
(iii) programs authorized under section
6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4));
(iv) work programs authorized under section
6(o) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(o));
(v) programs carried out under section 112
of the Rehabilitation Act of 1973 (29 U.S.C.
732);
(vi) programs authorized under the National
and Community Service Act of 1990 (42 U.S.C.
12501 et seq.); and
(vii) other appropriate Federal, State, or
local programs, including employment,
education, and training programs provided by
public libraries or in the private sector.
(c) Memorandum of Understanding.--
(1) Development.--The local board, with the agreement of
the chief elected official, shall develop and enter into a
memorandum of understanding (between the local board and the
one-stop partners), consistent with paragraph (2), concerning
the operation of the one-stop delivery system in the local
area.
(2) Contents.--Each memorandum of understanding shall
contain--
(A) provisions describing--
(i) the services to be provided through the
one-stop delivery system consistent with the
requirements of this section, including the
manner in which the services will be
coordinated and delivered through such system;
(ii) how the costs of such services and the
operating costs of such system will be funded,
including--
(I) funding through cash and in-
kind contributions (fairly evaluated),
which contributions may include funding
from philanthropic organizations or
other private entities, or through
other alternative financing options, to
provide a stable and equitable funding
stream for ongoing one-stop delivery
system operations; and
(II) funding of the infrastructure
costs of one-stop centers in accordance
with subsection (h);
(iii) methods of referral of individuals
between the one-stop operator and the one-stop
partners for appropriate services and
activities;
(iv) methods to ensure the needs of workers
and youth, and individuals with barriers to
employment, including individuals with
disabilities, are addressed in the provision of
necessary and appropriate access to services,
including access to technology and materials,
made available through the one-stop delivery
system; and
(v) the duration of the memorandum of
understanding and the procedures for amending
the memorandum during the duration of the
memorandum, and assurances that such memorandum
shall be reviewed not less than once every 3-
year period to ensure appropriate funding and
delivery of services; and
(B) such other provisions, consistent with the
requirements of this title, as the parties to the
agreement determine to be appropriate.
(d) One-stop Operators.--
(1) Local designation and certification.--Consistent with
paragraphs (2) and (3), the local board, with the agreement of
the chief elected official, is authorized to designate or
certify one-stop operators and to terminate for cause the
eligibility of such operators.
(2) Eligibility.--To be eligible to receive funds made
available under this subtitle to operate a one-stop center
referred to in subsection (e), an entity (which may be a
consortium of entities)--
(A) shall be designated or certified as a one-stop
operator through a competitive process; and
(B) shall be an entity (public, private, or
nonprofit), or consortium of entities (including a
consortium of entities that, at a minimum, includes 3
or more of the one-stop partners described in
subsection (b)(1)), of demonstrated effectiveness,
located in the local area, which may include--
(i) an institution of higher education;
(ii) an employment service State agency
established under the Wagner-Peyser Act (29
U.S.C. 49 et seq.), on behalf of the local
office of the agency;
(iii) a community-based organization,
nonprofit organization, or intermediary;
(iv) a private for-profit entity;
(v) a government agency; and
(vi) another interested organization or
entity, which may include a local chamber of
commerce or other business organization, or a
labor organization.
(3) Exception.--Elementary schools and secondary schools
shall not be eligible for designation or certification as one-
stop operators, except that nontraditional public secondary
schools and area career and technical education schools may be
eligible for such designation or certification.
(4) Additional requirements.--The State and local boards
shall ensure that in carrying out activities under this title,
one-stop operators--
(A) disclose any potential conflicts of interest
arising from the relationships of the operators with
particular training service providers or other service
providers;
(B) do not establish practices that create
disincentives to providing services to individuals with
barriers to employment who may require longer-term
services, such as intensive employment, training, and
education services; and
(C) comply with Federal regulations, and
procurement policies, relating to the calculation and
use of profits.
(e) Establishment of One-stop Delivery System.--
(1) In general.--There shall be established in each local
area in a State that receives an allotment under section 132(b)
a one-stop delivery system, which shall--
(A) provide the career services described in
section 134(c)(2);
(B) provide access to training services as
described in section 134(c)(3), including serving as
the point of access to training services for
participants in accordance with section 134(c)(3)(G);
(C) provide access to the employment and training
activities carried out under section 134(d), if any;
(D) provide access to programs and activities
carried out by one-stop partners described in
subsection (b); and
(E) provide access to the data, information, and
analysis described in section 15(a) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(a)) and all job search,
placement, recruitment, and other labor exchange
services authorized under the Wagner-Peyser Act (29
U.S.C. 49 et seq.).
(2) One-stop delivery.--The one-stop delivery system--
(A) at a minimum, shall make each of the programs,
services, and activities described in paragraph (1)
accessible at not less than 1 physical center in each
local area of the State; and
(B) may also make programs, services, and
activities described in paragraph (1) available--
(i) through a network of affiliated sites
that can provide 1 or more of the programs,
services, and activities to individuals; and
(ii) through a network of eligible one-stop
partners--
(I) in which each partner provides
1 or more of the programs, services,
and activities to such individuals and
is accessible at an affiliated site
that consists of a physical location or
an electronically or technologically
linked access point; and
(II) that assures individuals that
information on the availability of the
career services will be available
regardless of where the individuals
initially enter the statewide workforce
development system, including
information made available through an
access point described in subclause
(I);
(C) may have specialized centers to address special
needs, such as the needs of dislocated workers, youth,
or key industry sectors or clusters; and
(D) as applicable and practicable, shall make
programs, services, and activities accessible to
individuals through electronic means in a manner that
improves efficiency, coordination, and quality in the
delivery of one-stop partner services.
(3) Colocation of wagner-peyser services.--Consistent with
section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)), and
in order to improve service delivery, avoid duplication of
services, and enhance coordination of services, including
location of staff to ensure access to services in underserved
areas, the employment service offices in each State shall be
colocated with one-stop centers established under this title.
(4) Use of common one-stop delivery system identifier.--In
addition to using any State or locally developed identifier,
each one-stop delivery system shall include in the
identification of products, programs, activities, services,
facilities, and related property and materials, a common one-
stop delivery system identifier. The identifier shall be
developed by the Secretary, in consultation with heads of other
appropriate departments and agencies, and representatives of
State boards and local boards and of other stakeholders in the
one-stop delivery system, not later than the beginning of the
second full program year after the date of enactment of this
Act. Such common identifier may consist of a logo, phrase, or
other identifier that informs users of the one-stop delivery
system that such products, programs, activities, services,
facilities, property, or materials are being provided through
such system. Nothing in this paragraph shall be construed to
prohibit one-stop partners, States, or local areas from having
additional identifiers.
(f) Application to Certain Vocational Rehabilitation Programs.--
(1) Limitation.--Nothing in this section shall be construed
to apply to part C of title I of the Rehabilitation Act of 1973
(29 U.S.C. 741).
(2) Client assistance.--Nothing in this Act shall be
construed to require that any entity carrying out a client
assistance program authorized under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732)--
(A) be included as a mandatory one-stop partner
under subsection (b)(1); or
(B) if the entity is included as an additional one-
stop partner under subsection (b)(2)--
(i) violate the requirement of section
112(c)(1)(A) of that Act (29 U.S.C.
732(c)(1)(A)) that the entity be independent of
any agency that provides treatment, services,
or rehabilitation to individuals under that
Act; or
(ii) carry out any activity not authorized
under section 112 of that Act (including
appropriate Federal regulations).
(g) Certification and Continuous Improvement of One-stop Centers.--
(1) In general.--In order to be eligible to receive
infrastructure funding described in subsection (h), the State
board, in consultation with chief elected officials and local
boards, shall establish objective criteria and procedures for
use by local boards in assessing at least once every 3 years
the effectiveness, physical and programmatic accessibility in
accordance with section 188, if applicable, and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq), and
continuous improvement of one-stop centers and the one-stop
delivery system, consistent with the requirements of section
101(d)(6).
(2) Criteria.--The criteria and procedures developed under
this subsection shall include standards relating to service
coordination achieved by the one-stop delivery system with
respect to the programs administered by the one-stop partners
at the one-stop centers. Such criteria and procedures shall--
(A) be developed in a manner that is consistent
with the guidelines, guidance, and policies provided by
the Governor and by the State board, in consultation
with the chief elected officials and local boards, for
such partners' participation under subsections (h)(1)
and (i); and
(B) include such factors relating to the
effectiveness, accessibility, and improvement of the
one-stop delivery system as the State board determines
to be appropriate, including at a minimum how well the
one-stop center--
(i) supports the achievement of the
negotiated local levels of performance for the
indicators of performance described in section
116(b)(2) for the local area;
(ii) integrates available services; and
(iii) meets the workforce development and
employment needs of local employers and
participants.
(3) Local criteria.--Consistent with the criteria developed
under paragraph (1) by the State, a local board in the State
may develop additional criteria (or higher levels of service
coordination than required for the State-developed criteria)
relating to service coordination achieved by the one-stop
delivery system, for purposes of assessments described in
paragraph (1), in order to respond to labor market, economic,
and demographic, conditions and trends in the local area.
(4) Effect of certification.--One-stop centers certified
under this subsection shall be eligible to receive the
infrastructure funding described in subsection (h).
(5) Review and update.--The criteria and procedures
established under this subsection shall be reviewed and updated
by the State board or the local board, as the case may be, as
part of the biennial process for review and modification of
State and local plans described in sections 102(c)(2) and
108(a).
(h) Funding of One-stop Infrastructure.--
(1) In general.--
(A) Options for infrastructure funding.--
(i) Local options.--The local board, chief
elected officials, and one-stop partners
described in subsection (b)(1) in a local area
may fund the costs of infrastructure of one-
stop centers in the local area through--
(I) methods agreed on by the local
board, chief elected officials, and
one-stop partners (and described in the
memorandum of understanding described
in subsection (c)); or
(II) if no consensus agreement on
methods is reached under subclause (I),
the State infrastructure funding
mechanism described in paragraph (2).
(ii) Failure to reach consensus agreement
on funding methods.--Beginning July 1, 2016, if
the local board, chief elected officials, and
one-stop partners described in subsection
(b)(1) in a local area fail to reach consensus
agreement on methods of sufficiently funding
the costs of infrastructure of one-stop centers
for a program year, the State infrastructure
funding mechanism described in paragraph (2)
shall be applicable to such local area for that
program year and for each subsequent program
year for which those entities and individuals
fail to reach such agreement.
(B) Guidance for infrastructure funding.--In
addition to carrying out the requirements relating to
the State infrastructure funding mechanism described in
paragraph (2), the Governor, after consultation with
chief elected officials, local boards, and the State
board, and consistent with the guidance and policies
provided by the State board under subparagraphs (B) and
(C)(i) of section 101(d)(7), shall provide, for the use
of local areas under subparagraph (A)(i)(I)--
(i) guidelines for State-administered one-
stop partner programs, for determining such
programs' contributions to a one-stop delivery
system, based on such programs' proportionate
use of such system consistent with chapter II
of title 2, Code of Federal Regulations (or any
corresponding similar regulation or ruling),
including determining funding for the costs of
infrastructure, which contributions shall be
negotiated pursuant to the memorandum of
understanding under subsection (c); and
(ii) guidance to assist local boards, chief
elected officials, and one-stop partners in
local areas in determining equitable and stable
methods of funding the costs of infrastructure
of one-stop centers in such areas.
(2) State one-stop infrastructure funding.--
(A) Definition.--In this paragraph, the term
``covered portion'', used with respect to funding for a
fiscal year for a program described in subsection
(b)(1), means a portion determined under subparagraph
(C) of the Federal funds provided to a State (including
local areas within the State) under the Federal law
authorizing that program described in subsection (b)(1)
for the fiscal year (taking into account the
availability of funding for purposes related to
infrastructure from philanthropic organizations,
private entities, or other alternative financing
options).
(B) Partner contributions.--Subject to subparagraph
(D), for local areas in a State that are not covered by
paragraph (1)(A)(i)(I), the covered portions of funding
for a fiscal year shall be provided to the Governor
from the programs described in subsection (b)(1), to
assist in paying the costs of infrastructure of one-
stop centers in those local areas of the State not
adequately funded under the option described in
paragraph (1)(A)(i)(I).
(C) Determination of governor.--
(i) In general.--Subject to clause (ii) and
subparagraph (D), the Governor, after
consultation with chief elected officials,
local boards, and the State board, shall
determine the portion of funds to be provided
under subparagraph (B) by each one-stop partner
from each program described in subparagraph
(B). In making such determination for the
purpose of determining funding contributions,
for funding pursuant to clause (i)(II) or (ii)
of paragraph (1)(A) by each partner, the
Governor shall calculate amounts for the
proportionate use of the one-stop centers in
the State, consistent with chapter II of title
2, Code of Federal Regulations (or any
corresponding similar regulation or ruling),
taking into account the costs of administration
of the one-stop delivery system for purposes
not related to one-stop centers, for each
partner. The Governor shall exclude from such
determination of funds the amounts for
proportionate use of one-stop centers
attributable to the programs of one-stop
partners for those local areas of the State
where the costs of infrastructure of one-stop
centers are funded under the option described
in paragraph (1)(A)(i)(I). The Governor shall
also take into account the statutory
requirements for each partner program and the
partner program's ability to fulfill such
requirements.
(ii) Special rule.--In a State in which the
State constitution or a State statute places
policymaking authority that is independent of
the authority of the Governor in an entity or
official with respect to the funds provided for
adult education and literacy activities
authorized under title II, postsecondary career
and technical education activities authorized
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.),
or vocational rehabilitation services offered
under a provision covered by section 3(13)(D),
the determination described in clause (i) with
respect to the programs authorized under that
title, Act, or provision shall be made by the
chief officer of the entity, or the official,
with such authority in consultation with the
Governor.
(D) Limitations.--
(i) Provision from administrative funds.--
(I) In general.--Subject to
subclause (II), the funds provided
under this paragraph by each one-stop
partner shall be provided only from
funds available for the costs of
administration under the program
administered by such partner, and shall
be subject to the program's limitations
with respect to the portion of funds
under such program that may be used for
administration.
(II) Exceptions.--Nothing in this
clause shall be construed to apply to
the programs carried out under this
title, or under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056
et seq.).
(ii) Cap on required contributions.--For
local areas in a State that are not covered by
paragraph (1)(A)(i)(I), the following rules
shall apply:
(I) Wia formula programs and
employment service.--The portion of
funds required to be contributed under
this paragraph from a program
authorized under chapter 2 or 3, or the
Wagner-Peyser Act (29 U.S.C. 49 et
seq.) shall not exceed 3 percent of the
amount of Federal funds provided to
carry out that program in the State for
a fiscal year.
(II) Other one-stop partners.--The
portion of funds required to be
contributed under this paragraph from a
program described in subsection (b)(1)
other than the programs described in
subclause (I) shall not exceed 1.5
percent of the amount of Federal funds
provided to carry out that program in
the State for a fiscal year.
(III) Vocational rehabilitation.--
Notwithstanding subclauses (I) and
(II), an entity administering a program
described in subsection (b)(1)(B)(iv)
shall not be required to provide from
that program, under this paragraph, a
portion that exceeds--
(aa) 0.75 percent of the
amount of Federal funds
provided to carry out such
program in the State for the
second full program year that
begins after the date of
enactment of this Act;
(bb) 1.0 percent of the
amount provided to carry out
such program in the State for
the third full program year
that begins after such date;
(cc) 1.25 percent of the
amount provided to carry out
such program in the State for
the fourth full program year
that begins after such date;
and
(dd) 1.5 percent of the
amount provided to carry out
such program in the State for
the fifth and each succeeding
full program year that begins
after such date.
(iii) Federal direct spending programs.--
For local areas in a State that are not covered
by paragraph (1)(A)(i)(I), an entity
administering a program funded with direct
spending as defined in section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control
Act of 1985, as in effect on February 15, 2014
(2 U.S.C. 900(c)(8)) shall not be required to
provide, for purposes of this paragraph, an
amount in excess of the amount determined under
subparagraph (C)(i) to be equivalent to the
cost of the proportionate use of the one-stop
centers for the one-stop partner for such
program in the State.
(iv) Native american programs.--One-stop
partners for Native American programs
established under section 166 shall not be
subject to the provisions of this subsection
(other than this clause) or subsection (i). For
purposes of subsection (c)(2)(A)(ii)(II), the
method for determining the appropriate portion
of funds to be provided by such partners to pay
for the costs of infrastructure of a one-stop
center shall be determined as part of the
development of the memorandum of understanding
under subsection (c) for the one-stop center
and shall be stated in the memorandum.
(E) Appeal by one-stop partners.--The Governor
shall establish a process, described under section
102(b)(2)(D)(i)(IV), for a one-stop partner
administering a program described in subsection (b)(1)
to appeal a determination regarding the portion of
funds to be provided under this paragraph. Such a
determination may be appealed under the process on the
basis that such determination is inconsistent with the
requirements of this paragraph. Such process shall
ensure prompt resolution of the appeal in order to
ensure the funds are distributed in a timely manner,
consistent with the requirements of section 182(e).
(3) Allocation by governor.--
(A) In general.--From the funds provided under
paragraph (1), the Governor shall allocate the funds to
local areas described in subparagraph (B) in accordance
with the formula established under subparagraph (B) for
the purposes of assisting in paying the costs of
infrastructure of one-stop centers.
(B) Allocation formula.--The State board shall
develop a formula to be used by the Governor to
allocate the funds provided under paragraph (1) to
local areas not funding costs of infrastructure under
the option described in paragraph (1)(A)(i)(I). The
formula shall be based on factors including the number
of one-stop centers in a local area, the population
served by such centers, the services provided by such
centers, and other factors relating to the performance
of such centers that the State board determines are
appropriate.
(4) Costs of infrastructure.--In this subsection, the term
``costs of infrastructure'', used with respect to a one-stop
center, means the nonpersonnel costs that are necessary for the
general operation of the one-stop center, including the rental
costs of the facilities, the costs of utilities and
maintenance, equipment (including assessment-related products
and assistive technology for individuals with disabilities),
and technology to facilitate access to the one-stop center,
including the center's planning and outreach activities.
(i) Other Funds.--
(1) In general.--Subject to the memorandum of understanding
described in subsection (c) for the one-stop delivery system
involved, in addition to the funds provided to carry out
subsection (h), a portion of funds made available under Federal
law authorizing the programs described in subsection (b) and
administered by one-stop partners, or the noncash resources
available under such programs, shall be used to pay the
additional costs relating to the operation of the one-stop
delivery system that are not paid from the funds provided under
subsection (h), as determined in accordance with paragraph (3),
to the extent not inconsistent with the Federal law involved.
Such costs shall include the costs of the provision of career
services described in section 134(c)(2) applicable to each
program and may include common costs that are not paid from the
funds provided under subsection (h).
(2) Shared services.--The costs described under paragraph
(1) may include costs of services that are authorized for and
may be commonly provided through the one-stop partner programs
to any individual, such as initial intake, assessment of needs,
appraisal of basic skills, identification of appropriate
services to meet such needs, referrals to other one-stop
partners, and other similar services.
(3) Determination and guidance.--The method for determining
the appropriate portion of funds and noncash resources to be
provided by the one-stop partner for each program under
paragraph (1) for a one-stop center shall be determined as part
of the development of the memorandum of understanding under
subsection (c) for the one-stop center and shall be stated in
the memorandum. The State board shall provide guidance to
facilitate the determination, for purposes of the memorandum of
understanding, of an appropriate allocation of the funds and
noncash resources in local areas, consistent with the
requirements of section 101(d)(6)(C).
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
(a) Eligibility.--
(1) In general.--Except as provided in subsection (h), the
Governor, after consultation with the State board, shall
establish criteria, information requirements, and procedures
regarding the eligibility of providers of training services to
receive funds provided under section 133(b) for the provision
of training services in local areas in the State.
(2) Providers.--Subject to the provisions of this section,
to be eligible to receive those funds for the provision of
training services, the provider shall be--
(A) an institution of higher education that
provides a program that leads to a recognized
postsecondary credential;
(B) an entity that carries out programs registered
under the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); or
(C) another public or private provider of a program
of training services, which may include joint labor-
management organizations, and eligible providers of
adult education and literacy activities under title II
if such activities are provided in combination with
occupational skills training.
(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall
comply with the criteria, information requirements, and
procedures established under this section to be included on the
list of eligible providers of training services described in
subsection (d). A provider described in paragraph (2)(B) shall
be included and maintained on the list of eligible providers of
training services described in subsection (d) for so long as
the corresponding program of the provider remains registered as
described in paragraph (2)(B).
(b) Criteria and Information Requirements.--
(1) State criteria.--In establishing criteria pursuant to
subsection (a), the Governor shall take into account each of
the following:
(A) The performance of providers of training
services with respect to--
(i) the performance accountability measures
and other matters for which information is
required under paragraph (2); and
(ii) other appropriate measures of
performance outcomes determined by the Governor
for those participants receiving training
services under this subtitle (taking into
consideration the characteristics of the
population served and relevant economic
conditions), and the outcomes of the program
through which those training services were
provided for students in general with respect
to employment and earnings as defined under
section 116(b)(2).
(B) The need to ensure access to training services
throughout the State, including in rural areas, and
through the use of technology.
(C) Information reported to State agencies with
respect to Federal and State programs involving
training services (other than the program carried out
under this subtitle), including one-stop partner
programs.
(D) The degree to which the training programs of
such providers relate to in-demand industry sectors and
occupations in the State.
(E) The requirements for State licensing of
providers of training services, and the licensing
status of providers of training services if applicable.
(F) Ways in which the criteria can encourage, to
the extent practicable, the providers to use industry-
recognized certificates or certifications.
(G) The ability of the providers to offer programs
that lead to recognized postsecondary credentials.
(H) The quality of a program of training services,
including a program of training services that leads to
a recognized postsecondary credential.
(I) The ability of the providers to provide
training services to individuals who are employed and
individuals with barriers to employment.
(J) Such other factors as the Governor determines
are appropriate to ensure--
(i) the accountability of the providers;
(ii) that the one-stop centers in the State
will ensure that such providers meet the needs
of local employers and participants;
(iii) the informed choice of participants
among training services providers; and
(iv) that the collection of information
required to demonstrate compliance with the
criteria is not unduly burdensome or costly to
providers.
(2) State information requirements.--The information
requirements established by the Governor shall require that a
provider of training services submit appropriate, accurate, and
timely information to the State, to enable the State to carry
out subsection (d), with respect to participants receiving
training services under this subtitle in the applicable
program, including--
(A) information on the performance of the provider
with respect to the performance accountability measures
described in section 116 for such participants (taking
into consideration the characteristics of the
population served and relevant economic conditions),
and information specifying the percentage of such
participants who entered unsubsidized employment in an
occupation related to the program, to the extent
practicable;
(B) information on recognized postsecondary
credentials received by such participants;
(C) information on cost of attendance, including
costs of tuition and fees, for participants in the
program;
(D) information on the program completion rate for
such participants; and
(E) information on the criteria described in
paragraph (1).
(3) Local criteria and information requirements.--A local
board in the State may establish criteria and information
requirements in addition to the criteria and information
requirements established by the Governor, or may require higher
levels of performance than required for the criteria
established by the Governor, for purposes of determining the
eligibility of providers of training services to receive funds
described in subsection (a) for the provision of training
services in the local area involved.
(4) Criteria and information requirements to establish
initial eligibility.--
(A) Purpose.--The purpose of this paragraph is to
enable the providers of programs carried out under
chapter 3 to offer the highest quality training
services and be responsive to in-demand and emerging
industries by providing training services for those
industries.
(B) Initial eligibility.--Providers may seek
initial eligibility under this paragraph as providers
of training services and may receive that initial
eligibility for only 1 fiscal year for a particular
program. The criteria and information requirements
established by the Governor under this paragraph shall
require that a provider who has not previously been an
eligible provider of training services under this
section (or section 122 of the Workforce Investment Act
of 1998, as in effect on the day before the date of
enactment of this Act) provide the information
described in subparagraph (C).
(C) Information.--The provider shall provide
verifiable program-specific performance information
based on criteria established by the State as described
in subparagraph (D) that supports the provider's
ability to serve participants under this subtitle.
(D) Criteria.--The criteria described in
subparagraph (C) shall include at least--
(i) a factor related to indicators
described in section 116;
(ii) a factor concerning whether the
provider is in a partnership with business;
(iii) other factors that indicate high-
quality training services, including the factor
described in paragraph (1)(H); and
(iv) a factor concerning alignment of the
training services with in-demand industry
sectors and occupations, to the extent
practicable.
(E) Provision.--The provider shall provide the
information described in subparagraph (C) to the
Governor and the local board in a manner that will
permit the Governor and the local board to make a
decision on inclusion of the provider on the list of
eligible providers described in subsection (d).
(F) Limitation.--A provider that receives initial
eligibility under this paragraph for a program shall be
subject to the requirements under subsection (c) for
that program after such initial eligibility expires.
(c) Procedures.--
(1) Application procedures.--The procedures established
under subsection (a) shall identify the application process for
a provider of training services to become eligible to receive
funds provided under section 133(b) for the provision of
training services. The procedures shall identify the respective
roles of the State and local areas in receiving and reviewing
the applications and in making determinations of such
eligibility based on the criteria, information, and procedures
established under this section. The procedures shall also
establish a process for a provider of training services to
appeal a denial or termination of eligibility under this
section that includes an opportunity for a hearing and
prescribes appropriate time limits to ensure prompt resolution
of the appeal.
(2) Renewal procedures.--The procedures established by the
Governor shall also provide for biennial review and renewal of
eligibility under this section for providers of training
services.
(d) List and Information to Assist Participants in Choosing
Providers.--
(1) In general.--In order to facilitate and assist
participants in choosing employment and training activities and
in choosing providers of training services, the Governor shall
ensure that an appropriate list of providers determined to be
eligible under this section to offer a program in the State
(and, as appropriate, in a local area), accompanied by
information identifying the recognized postsecondary credential
offered by the provider and other appropriate information, is
prepared. The list shall be provided to the local boards in the
State, and made available to such participants and to members
of the public through the one-stop delivery system in the
State.
(2) Accompanying information.--The accompanying information
shall--
(A) with respect to providers described in
subparagraphs (A) and (C) of subsection (a)(2), consist
of information provided by such providers,
disaggregated by local areas served, as applicable, in
accordance with subsection (b);
(B) with respect to providers described in
subsection (b)(4), consist of information provided by
such providers in accordance with subsection (b)(4);
and
(C) such other information as the Governor
determines to be appropriate.
(3) Availability.--The list and the accompanying
information shall be made available to such participants and to
members of the public through the one-stop delivery system in
the State, in a manner that does not reveal personally
identifiable information about an individual participant.
(4) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including a Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the parent or student in
compliance with section 444 of the General Education Provisions
Act (20 U.S.C. 1232g).
(e) Opportunity to Submit Comments.--In establishing, under this
section, criteria, information requirements, procedures, and the list
of eligible providers described in subsection (d), the Governor shall
provide an opportunity for interested members of the public to make
recommendations and submit comments regarding such criteria,
information requirements, procedures, and list.
(f) Enforcement.--
(1) In general.--The procedures established under this
section shall provide the following:
(A) Intentionally supplying inaccurate
information.--Upon a determination, by an individual or
entity specified in the procedures, that a provider of
training services, or individual providing information
on behalf of the provider, violated this section (or
section 122 of the Workforce Investment Act of 1998, as
in effect on the day before the date of enactment of
this Act) by intentionally supplying inaccurate
information under this section, the eligibility of such
provider to receive funds under chapter 3 shall be
terminated for a period of time that is not less than 2
years.
(B) Substantial violations.--Upon a determination,
by an individual or entity specified in the procedures,
that a provider of training services substantially
violated any requirement under this title (or title I
of the Workforce Investment Act of 1998, as in effect
on the day before such date of enactment), the
eligibility of such provider to receive funds under
chapter 3 for the program involved shall be terminated
for a period of not less than 2 years.
(C) Repayment.--A provider of training services
whose eligibility is terminated under subparagraph (A)
or (B) shall be liable for the repayment of funds
received under chapter 5 of subtitle B of title I of
the Workforce Investment Act of 1998, as in effect on
the day before such date of enactment, or chapter 3 of
this subtitle during a period of violation described in
such subparagraph.
(2) Construction.--Paragraph (1) shall be construed to
provide remedies and penalties that supplement, but shall not
supplant, civil and criminal remedies and penalties specified
in other provisions of law.
(g) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible providers of
training services to accept individual training accounts provided in
another State.
(h) On-the-job Training, Customized Training, Incumbent Worker
Training, and Other Training Exceptions.--
(1) In general.--Providers of on-the-job training,
customized training, incumbent worker training, internships,
and paid or unpaid work experience opportunities, or
transitional employment shall not be subject to the
requirements of subsections (a) through (f).
(2) Collection and dissemination of information.--A one-
stop operator in a local area shall collect such performance
information from providers of on-the-job training, customized
training, incumbent worker training, internships, paid or
unpaid work experience opportunities, and transitional
employment as the Governor may require, and use the information
to determine whether the providers meet such performance
criteria as the Governor may require. The one-stop operator
shall disseminate information identifying such providers that
meet the criteria as eligible providers, and the performance
information, through the one-stop delivery system. Providers
determined to meet the criteria shall be considered to be
identified as eligible providers of training services.
(i) Transition Period for Implementation.--The Governor and local
boards shall implement the requirements of this section not later than
12 months after the date of enactment of this Act. In order to
facilitate early implementation of this section, the Governor may
establish transition procedures under which providers eligible to
provide training services under chapter 5 of subtitle B of title I of
the Workforce Investment Act of 1998, as such chapter was in effect on
the day before the date of enactment of this Act, may continue to be
eligible to provide such services until December 31, 2015, or until
such earlier date as the Governor determines to be appropriate.
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) In General.--From the funds allocated under section 128(b) to a
local area, the local board for such area shall award grants or
contracts on a competitive basis to providers of youth workforce
investment activities identified based on the criteria in the State
plan (including such quality criteria as the Governor shall establish
for a training program that leads to a recognized postsecondary
credential), and taking into consideration the ability of the providers
to meet performance accountability measures based on primary indicators
of performance for the youth program as described in section
116(b)(2)(A)(ii)), as described in section 102(b)(2)(D)(i)(V), and
shall conduct oversight with respect to such providers.
(b) Exceptions.--A local board may award grants or contracts on a
sole-source basis if such board determines there is an insufficient
number of eligible providers of youth workforce investment activities
in the local area involved (such as a rural area) for grants and
contracts to be awarded on a competitive basis under subsection (a).
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 126. GENERAL AUTHORIZATION.
The Secretary shall make an allotment under section 127(b)(1)(C) to
each State that meets the requirements of section 102 or 103 and a
grant under section 127(b)(1)(B) to each outlying area that complies
with the requirements of this title, to assist the State or outlying
area, and to enable the State or outlying area to assist local areas,
for the purpose of providing workforce investment activities for
eligible youth in the State or outlying area and in the local areas.
SEC. 127. STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) for each fiscal year for which the amount appropriated
under section 136(a) exceeds $925,000,000, reserve 4 percent of
the excess amount to provide youth workforce investment
activities under section 167 (relating to migrant and seasonal
farmworkers); and
(2) use the remainder of the amount appropriated under
section 136(a) for a fiscal year to make allotments and grants
in accordance with subsection (b).
(b) Allotment Among States.--
(1) Youth workforce investment activities.--
(A) Native americans.--From the amount appropriated
under section 136(a) for a fiscal year that is not
reserved under subsection (a)(1), the Secretary shall
reserve not more than 1\1/2\ percent of such amount to
provide youth workforce investment activities under
section 166 (relating to Native Americans).
(B) Outlying areas.--
(i) In general.--From the amount
appropriated under section 136(a) for each
fiscal year that is not reserved under
subsection (a)(1) and subparagraph (A), the
Secretary shall reserve not more than \1/4\ of
1 percent of such amount to provide assistance
to the outlying areas to carry out youth
workforce investment activities and statewide
workforce investment activities.
(ii) Limitation for outlying areas.--
(I) Competitive grants.--The
Secretary shall use funds reserved
under clause (i) to award grants to
outlying areas to carry out youth
workforce investment activities and
statewide workforce investment
activities.
(II) Award basis.--The Secretary
shall award grants pursuant to
subclause (I) on a competitive basis
and pursuant to the recommendations of
experts in the field of employment and
training, working through the Pacific
Region Educational Laboratory in
Honolulu, Hawaii.
(III) Administrative costs.--The
Secretary may provide not more than 5
percent of the funds made available for
grants under subclause (I) to pay the
administrative costs of the Pacific
Region Educational Laboratory in
Honolulu, Hawaii, regarding activities
assisted under this clause.
(iii) Additional requirement.--The
provisions of section 501 of Public Law 95-134
(48 U.S.C. 1469a), permitting the consolidation
of grants by the outlying areas, shall not
apply to assistance provided to those areas,
including Palau, under this subparagraph.
(C) States.--
(i) In general.--From the remainder of the
amount appropriated under section 136(a) for a
fiscal year that exists after the Secretary
determines the amounts to be reserved under
subsection (a)(1) and subparagraphs (A) and
(B), the Secretary shall make allotments to the
States in accordance with clause (ii) for youth
workforce investment activities and statewide
workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and
(iv), of the remainder--
(I) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
areas of substantial unemployment in
each State, compared to the total
number of unemployed individuals in
areas of substantial unemployment in
all States;
(II) 33\1/3\ percent shall be
allotted on the basis of the relative
excess number of unemployed individuals
in each State, compared to the total
excess number of unemployed individuals
in all States; and
(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of disadvantaged youth in each
State, compared to the total number of
disadvantaged youth in all States,
except as described in clause (iii).
(iii) Calculation.--In determining an
allotment under clause (ii)(III) for any State
in which there is an area that was designated
as a local area as described in section
107(c)(1)(C), the allotment shall be based on
the higher of--
(I) the number of individuals who
are age 16 through 21 in families with
an income below the low-income level in
such area; or
(II) the number of disadvantaged
youth in such area.
(iv) Minimum and maximum percentages and
minimum allotments.--In making allotments under
this subparagraph, the Secretary shall ensure
the following:
(I) Minimum percentage and
allotment.--Subject to subclause (IV),
the Secretary shall ensure that no
State shall receive an allotment for a
fiscal year that is less than the
greater of--
(aa) an amount based on 90
percent of the allotment
percentage of the State for the
preceding fiscal year; or
(bb) 100 percent of the
allotments of the State under
section 127(b)(1)(C) of the
Workforce Investment Act of
1998 (as in effect on the day
before the date of enactment of
this Act) for fiscal year 2014.
(II) Small state minimum
allotment.--Subject to subclauses (I),
(III), and (IV), the Secretary shall
ensure that no State shall receive an
allotment under this subparagraph that
is less than the total of--
(aa) \3/10\ of 1 percent of
$1,000,000,000 of the remainder
described in clause (i) for the
fiscal year; and
(bb) if the remainder
described in clause (i) for the
fiscal year exceeds
$1,000,000,000, \2/5\ of 1
percent of the excess.
(III) Maximum percentage.--Subject
to subclause (I), the Secretary shall
ensure that no State shall receive an
allotment percentage for a fiscal year
that is more than 130 percent of the
allotment percentage of the State for
the preceding fiscal year.
(IV) Minimum funding.--In any
fiscal year in which the remainder
described in clause (i) does not exceed
$1,000,000,000, the minimum allotments
under subclauses (I) and (II) shall be
calculated by the methodology specified
in section 127(b)(1)(C)(iv)(IV) of the
Workforce Investment Act of 1998 (as in
effect on the day before the date of
enactment of this Act).
(2) Definitions.--For the purpose of the formula specified
in paragraph (1)(C):
(A) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or
a subsequent fiscal year, means a percentage of the
remainder described in paragraph (1)(C)(i) that is
received through an allotment made under paragraph
(1)(C) for the fiscal year. The term, used with respect
to fiscal year 2014, means the percentage of the amount
allotted to States under section 127(b)(1)(C) of the
Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act) that is
received under such section by the State involved for
fiscal year 2014.
(B) Area of substantial unemployment.--The term
``area of substantial unemployment'' means any area
that is of sufficient size and scope to sustain a
program of workforce investment activities carried out
under this subtitle and that has an average rate of
unemployment of at least 6.5 percent for the most
recent 12 months, as determined by the Secretary. For
purposes of this subparagraph, determinations of areas
of substantial unemployment shall be made once each
fiscal year.
(C) Disadvantaged youth.--Subject to paragraph (3),
the term ``disadvantaged youth'' means an individual
who is age 16 through 21 who received an income, or is
a member of a family that received a total family
income, that, in relation to family size, does not
exceed the higher of--
(i) the poverty line; or
(ii) 70 percent of the lower living
standard income level.
(D) Excess number.--The term ``excess number''
means, used with respect to the excess number of
unemployed individuals within a State, the higher of--
(i) the number that represents the number
of unemployed individuals in excess of 4.5
percent of the civilian labor force in the
State; or
(ii) the number that represents the number
of unemployed individuals in excess of 4.5
percent of the civilian labor force in areas of
substantial unemployment in such State.
(E) Low-income level.--The term ``low-income
level'' means $7,000 with respect to income in 1969,
and for any later year means that amount that bears the
same relationship to $7,000 as the Consumer Price Index
for that year bears to the Consumer Price Index for
1969, rounded to the nearest $1,000.
(3) Special rule.--For the purpose of the formula specified
in paragraph (1)(C), the Secretary shall, as appropriate and to
the extent practicable, exclude college students and members of
the Armed Forces from the determination of the number of
disadvantaged youth.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this
section or a corresponding provision of the Workforce
Investment Act of 1998 for youth workforce investment
activities and statewide workforce investment activities
(referred to individually in this subsection as a ``State
allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance of the State allotment, at the end of the program year
prior to the program year for which the determination under
this paragraph is made, exceeds 20 percent of such allotment
for the prior program year.
(3) Reallotment.--In making reallotments to eligible States
of amounts available pursuant to paragraph (2) for a program
year, the Secretary shall allot to each eligible State an
amount based on the relative amount of the State allotment for
the program year for which the determination is made, as
compared to the total amount of the State allotments for all
eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means a State that does not have an amount
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within
the State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor
shall further prescribe equitable procedures for making funds
available from the State and local areas in the event that a
State is required to make funds available for reallotment under
this subsection.
SEC. 128. WITHIN STATE ALLOCATIONS.
(a) Reservations for Statewide Activities.--
(1) In general.--The Governor shall reserve not more than
15 percent of each of the amounts allotted to the State under
section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of
section 132(b) for a fiscal year for statewide workforce
investment activities.
(2) Use of funds.--Regardless of whether the reserved
amounts were allotted under section 127(b)(1)(C), or under
paragraph (1)(B) or (2)(B) of section 132(b), the Governor may
use the reserved amounts to carry out statewide activities
under section 129(b) or statewide employment and training
activities, for adults or dislocated workers, under section
134(a).
(b) Within State Allocations.--
(1) Methods.--The Governor, acting in accordance with the
State plan, and after consulting with chief elected officials
and local boards in the local areas, shall allocate the funds
that are allotted to the State for youth activities and
statewide workforce investment activities under section
127(b)(1)(C) and are not reserved under subsection (a), in
accordance with paragraph (2) or (3).
(2) Formula allocation.--
(A) Youth activities.--
(i) Allocation.--In allocating the funds
described in paragraph (1) to local areas, a
State may allocate--
(I) 33\1/3\ percent of the funds on
the basis described in section
127(b)(1)(C)(ii)(I);
(II) 33\1/3\ percent of the funds
on the basis described in section
127(b)(1)(C)(ii)(II); and
(III) 33\1/3\ percent of the funds
on the basis described in clauses
(ii)(III) and (iii) of section
127(b)(1)(C).
(ii) Minimum percentage.--The local area
shall not receive an allocation percentage for
a fiscal year that is less than 90 percent of
the average allocation percentage of the local
area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to
local areas to comply with the preceding
sentence shall be obtained by ratably reducing
the allocations to be made to other local areas
under this subparagraph.
(iii) Definition.--In this subparagraph,
the term ``allocation percentage'', used with
respect to fiscal year 2015 or a subsequent
fiscal year, means a percentage of the funds
referred to in clause (i), received through an
allocation made under this subparagraph, for
the fiscal year. The term, used with respect to
fiscal year 2013 or 2014, means a percentage of
the funds referred to in section 128(b)(1) of
the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment
of this Act), received through an allocation
made under paragraph (2) or (3) of section
128(b) of the Workforce Investment Act of 1998
(as so in effect), for the fiscal year 2013 or
2014, respectively.
(B) Application.--For purposes of carrying out
subparagraph (A)--
(i) references in section 127(b) to a State
shall be deemed to be references to a local
area;
(ii) references in section 127(b) to all
States shall be deemed to be references to all
local areas in the State involved; and
(iii) except as described in clause (i),
references in section 127(b)(1) to the term
``excess number'' shall be considered to be
references to the term as defined in section
127(b)(2).
(3) Youth discretionary allocation.--In lieu of making the
allocation described in paragraph (2), in allocating the funds
described in paragraph (1) to local areas, a State may
distribute--
(A) a portion equal to not less than 70 percent of
the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis
of a formula that--
(i) incorporates additional factors (other
than the factors described in paragraph (2)(A))
relating to--
(I) excess youth poverty in urban,
rural, and suburban local areas; and
(II) excess unemployment above the
State average in urban, rural, and
suburban local areas; and
(ii) was developed by the State board and
approved by the Secretary as part of the State
plan.
(4) Local administrative cost limit.--
(A) In general.--Of the amount allocated to a local
area under this subsection and section 133(b) for a
fiscal year, not more than 10 percent of the amount may
be used by the local board involved for the
administrative costs of carrying out local workforce
investment activities under this chapter or chapter 3.
(B) Use of funds.--Funds made available for
administrative costs under subparagraph (A) may be used
for the administrative costs of any of the local
workforce investment activities described in this
chapter or chapter 3, regardless of whether the funds
were allocated under this subsection or section 133(b).
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts
that are made available to local areas from allocations made
under this section or a corresponding provision of the
Workforce Investment Act of 1998 for youth workforce investment
activities (referred to individually in this subsection as a
``local allocation'') and that are available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program year
prior to the program year for which the determination under
this paragraph is made, exceeds 20 percent of such allocation
for the prior program year.
(3) Reallocation.--In making reallocations to eligible
local areas of amounts available pursuant to paragraph (2) for
a program year, the Governor shall allocate to each eligible
local area within the State an amount based on the relative
amount of the local allocation for the program year for which
the determination is made, as compared to the total amount of
the local allocations for all eligible local areas in the State
for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means a local area that does not have an
amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2) is
made.
SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Youth Participant Eligibility.--
(1) Eligibility.--
(A) In general.--To be eligible to participate in
activities carried out under this chapter during any
program year an individual shall, at the time the
eligibility determination is made, be an out-of-school
youth or an in-school youth.
(B) Out-of-school youth.--In this title, the term
``out-of-school youth'' means an individual who is--
(i) not attending any school (as defined
under State law);
(ii) not younger than age 16 or older than
age 24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age
of compulsory school attendance, but
has not attended school for at least
the most recent complete school year
calendar quarter.
(III) A recipient of a secondary
school diploma or its recognized
equivalent who is a low-income
individual and is--
(aa) basic skills
deficient; or
(bb) an English language
learner.
(IV) An individual who is subject
to the juvenile or adult justice
system.
(V) A homeless individual (as
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
Assistance Act (42 U.S.C. 11434a(2))),
a runaway, in foster care or has aged
out of the foster care system, a child
eligible for assistance under section
477 of the Social Security Act (42
U.S.C. 677), or in an out-of-home
placement.
(VI) An individual who is pregnant
or parenting.
(VII) A youth who is an individual
with a disability.
(VIII) A low-income individual who
requires additional assistance to enter
or complete an educational program or
to secure or hold employment.
(C) In-school youth.--In this section, the term
``in-school youth'' means an individual who is--
(i) attending school (as defined by State
law);
(ii) not younger than age 14 or (unless an
individual with a disability who is attending
school under State law) older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) 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
Assistance Act (42 U.S.C. 11434a(2))),
a runaway, in foster care or has aged
out of the foster care system, a child
eligible for assistance under section
477 of the Social Security Act (42
U.S.C. 677), or in an out-of-home
placement.
(V) Pregnant or parenting.
(VI) A youth who is an individual
with a disability.
(VII) An individual who requires
additional assistance to complete an
educational program or to secure or
hold employment.
(2) Special rule.--For the purpose of this subsection, the
term ``low-income'', used with respect to an individual, also
includes a youth living in a high-poverty area.
(3) Exception and limitation.--
(A) Exception for persons who are not low-income
individuals.--
(i) Definition.--In this subparagraph, the
term ``covered individual'' means an in-school
youth, or an out-of-school youth who is
described in subclause (III) or (VIII) of
paragraph (1)(B)(iii).
(ii) Exception.--In each local area, not
more than 5 percent of the individuals assisted
under this section may be persons who would be
covered individuals, except that the persons
are not low-income individuals.
(B) Limitation.--In each local area, not more than
5 percent of the in-school youth assisted under this
section may be eligible under paragraph (1) because the
youth are in-school youth described in paragraph
(1)(C)(iv)(VII).
(4) Out-of-school priority.--
(A) In general.--For any program year, not less
than 75 percent of the funds allotted under section
127(b)(1)(C), reserved under section 128(a), and
available for statewide activities under subsection
(b), and not less than 75 percent of funds available to
local areas under subsection (c), shall be used to
provide youth workforce investment activities for out-
of-school youth.
(B) Exception.--A State that receives a minimum
allotment under section 127(b)(1) in accordance with
section 127(b)(1)(C)(iv) or under section 132(b)(1) in
accordance with section 132(b)(1)(B)(iv) may decrease
the percentage described in subparagraph (A) to not
less than 50 percent for a local area in the State,
if--
(i) after an analysis of the in-school
youth and out-of-school youth populations in
the local area, the State determines that the
local area will be unable to use at least 75
percent of the funds available for activities
under subsection (c) to serve out-of-school
youth due to a low number of out-of-school
youth; and
(ii)(I) the State submits to the Secretary,
for the local area, a request including a
proposed percentage decreased to not less than
50 percent for purposes of subparagraph (A),
and a summary of the analysis described in
clause (i); and
(II) the request is approved by the
Secretary.
(5) Consistency with compulsory school attendance laws.--In
providing assistance under this section to an individual who is
required to attend school under applicable State compulsory
school attendance laws, the priority in providing such
assistance shall be for the individual to attend school
regularly.
(b) Statewide Activities.--
(1) Required statewide youth activities.--Funds reserved by
a Governor as described in sections 128(a) and 133(a)(1) shall
be used, regardless of whether the funds were allotted to the
State under section 127(b)(1)(C) or under paragraph (1)(B) or
(2)(B) of section 132(b) for statewide activities, which shall
include--
(A) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 3
in coordination with evaluations carried out by the
Secretary under section 169(a);
(B) disseminating a list of eligible providers of
youth workforce investment activities, as determined
under section 123;
(C) providing assistance to local areas as
described in subsections (b)(6) and (c)(2) of section
106, for local coordination of activities carried out
under this title;
(D) operating a fiscal and management
accountability information system under section 116(i);
(E) carrying out monitoring and oversight of
activities carried out under this chapter and chapter
3, which may include a review comparing the services
provided to male and female youth; and
(F) providing additional assistance to local areas
that have high concentrations of eligible youth.
(2) Allowable statewide youth activities.--Funds reserved
by a Governor as described in sections 128(a) and 133(a)(1) may
be used, regardless of whether the funds were allotted to the
State under section 127(b)(1)(C) or under paragraph (1)(B) or
(2)(B) of section 132(b), for statewide activities, which may
include--
(A) conducting--
(i) research related to meeting the
education and employment needs of eligible
youth; and
(ii) demonstration projects related to
meeting the education and employment needs of
eligible youth;
(B) supporting the development of alternative,
evidence-based programs and other activities that
enhance the choices available to eligible youth and
encourage such youth to reenter and complete secondary
education, enroll in postsecondary education and
advanced training, progress through a career pathway,
and enter into unsubsidized employment that leads to
economic self-sufficiency;
(C) supporting the provision of career services
described in section 134(c)(2) in the one-stop delivery
system in the State;
(D) supporting financial literacy, including--
(i) supporting the ability of participants
to create household budgets, initiate savings
plans, and make informed financial decisions
about education, retirement, home ownership,
wealth building, or other savings goals;
(ii) supporting the ability to manage
spending, credit, and debt, including credit
card debt, effectively;
(iii) increasing awareness of the
availability and significance of credit reports
and credit scores in obtaining credit,
including determining their accuracy (and how
to correct inaccuracies in the reports and
scores), and their effect on credit terms;
(iv) supporting the ability to understand,
evaluate, and compare financial products,
services, and opportunities; and
(v) supporting activities that address the
particular financial literacy needs of non-
English speakers, including providing the
support through the development and
distribution of multilingual financial literacy
and education materials; and
(E) providing technical assistance to, as
appropriate, local boards, chief elected officials,
one-stop operators, one-stop partners, and eligible
providers, in local areas, which provision of technical
assistance shall include the development and training
of staff, the development of exemplary program
activities, the provision of technical assistance to
local areas that fail to meet local performance
accountability measures described in section 116(c),
and the provision of technology to facilitate remote
access to services provided through the one-stop
delivery system in the State.
(3) Limitation.--Not more than 5 percent of the funds
allotted to a State under section 127(b)(1)(C) shall be used by
the State for administrative activities carried out under this
subsection or section 134(a).
(c) Local Elements and Requirements.--
(1) Program design.--Funds allocated to a local area for
eligible youth under section 128(b) shall be used to carry out,
for eligible youth, programs that--
(A) provide an objective assessment of the academic
levels, skill levels, and service needs of each
participant, which assessment shall include a review of
basic skills, occupational skills, prior work
experience, employability, interests, aptitudes
(including interests and aptitudes for nontraditional
jobs), supportive service needs, and developmental
needs of such participant, for the purpose of
identifying appropriate services and career pathways
for participants, except that a new assessment of a
participant is not required if the provider carrying
out such a program determines it is appropriate to use
a recent assessment of the participant conducted
pursuant to another education or training program;
(B) develop service strategies for each participant
that are directly linked to 1 or more of the indicators
of performance described in section 116(b)(2)(A)(ii),
and that shall identify career pathways that include
education and employment goals (including, in
appropriate circumstances, nontraditional employment),
appropriate achievement objectives, and appropriate
services for the participant taking into account the
assessment conducted pursuant to subparagraph (A),
except that a new service strategy for a participant is
not required if the provider carrying out such a
program determines it is appropriate to use a recent
service strategy developed for the participant under
another education or training program;
(C) provide--
(i) activities leading to the attainment of
a secondary school diploma or its recognized
equivalent, or a recognized postsecondary
credential;
(ii) preparation for postsecondary
educational and training opportunities;
(iii) strong linkages between academic
instruction (based on State academic content
and student academic achievement standards
established under section 1111 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311)) and occupational education
that lead to the attainment of recognized
postsecondary credentials;
(iv) preparation for unsubsidized
employment opportunities, in appropriate cases;
and
(v) effective connections to employers,
including small employers, in in-demand
industry sectors and occupations of the local
and regional labor markets; and
(D) at the discretion of the local board, implement
a pay-for-performance contract strategy for elements
described in paragraph (2), for which the local board
may reserve and use not more than 10 percent of the
total funds allocated to the local area under section
128(b).
(2) Program elements.--In order to support the attainment
of a secondary school diploma or its recognized equivalent,
entry into postsecondary education, and career readiness for
participants, the programs described in paragraph (1) shall
provide elements consisting of--
(A) tutoring, study skills training, instruction,
and evidence-based dropout prevention and recovery
strategies that lead to completion of the requirements
for a secondary school diploma or its recognized
equivalent (including a recognized certificate of
attendance or similar document for individuals with
disabilities) or for a recognized postsecondary
credential;
(B) alternative secondary school services, or
dropout recovery services, as appropriate;
(C) paid and unpaid work experiences that have as a
component academic and occupational education, which
may include--
(i) summer employment opportunities and
other employment opportunities available
throughout the school year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall
include priority consideration for training programs
that lead to recognized postsecondary credentials that
are aligned with in-demand industry sectors or
occupations in the local area involved, if the local
board determines that the programs meet the quality
criteria described in section 123;
(E) education offered concurrently with and in the
same context as workforce preparation activities and
training for a specific occupation or occupational
cluster;
(F) leadership development opportunities, which may
include community service and peer-centered activities
encouraging responsibility and other positive social
and civic behaviors, as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation
and a subsequent period, for a total of not less than
12 months;
(I) followup services for not less than 12 months
after the completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which
may include drug and alcohol abuse counseling and
referral, as appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
(M) services that provide labor market and
employment information about in-demand industry sectors
or occupations available in the local area, such as
career awareness, career counseling, and career
exploration services; and
(N) activities that help youth prepare for and
transition to postsecondary education and training.
(3) Additional requirements.--
(A) Information and referrals.--Each local board
shall ensure that each participant shall be provided--
(i) information on the full array of
applicable or appropriate services that are
available through the local board or other
eligible providers or one-stop partners,
including those providers or partners receiving
funds under this subtitle; and
(ii) referral to appropriate training and
educational programs that have the capacity to
serve the participant either on a sequential or
concurrent basis.
(B) Applicants not meeting enrollment
requirements.--Each eligible provider of a program of
youth workforce investment activities shall ensure that
an eligible applicant who does not meet the enrollment
requirements of the particular program or who cannot be
served shall be referred for further assessment, as
necessary, and referred to appropriate programs in
accordance with subparagraph (A) to meet the basic
skills and training needs of the applicant.
(C) Involvement in design and implementation.--The
local board shall ensure that parents, participants,
and other members of the community with experience
relating to programs for youth are involved in the
design and implementation of the programs described in
paragraph (1).
(4) Priority.--Not less than 20 percent of the funds
allocated to the local area as described in paragraph (1) shall
be used to provide in-school youth and out-of-school youth with
activities under paragraph (2)(C).
(5) Rule of construction.--Nothing in this chapter shall be
construed to require that each of the elements described in
subparagraphs of paragraph (2) be offered by each provider of
youth services.
(6) Prohibitions.--
(A) Prohibition against federal control of
education.--No provision of this Act shall be construed
to authorize any department, agency, officer, or
employee of the United States to exercise any
direction, supervision, or control over the curriculum,
program of instruction, administration, or personnel of
any educational institution, school, or school system,
or over the selection of library resources, textbooks,
or other printed or published instructional materials
by any educational institution, school, or school
system.
(B) Noninterference and nonreplacement of regular
academic requirements.--No funds described in paragraph
(1) shall be used to provide an activity for eligible
youth who are not school dropouts if participation in
the activity would interfere with or replace the
regular academic requirements of the youth.
(7) Linkages.--In coordinating the programs authorized
under this section, local boards shall establish linkages with
local educational agencies responsible for services to
participants as appropriate.
(8) Volunteers.--The local board shall make opportunities
available for individuals who have successfully participated in
programs carried out under this section to volunteer assistance
to participants in the form of mentoring, tutoring, and other
activities.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 131. GENERAL AUTHORIZATION.
The Secretary shall make allotments under paragraphs (1)(B) and
(2)(B) of section 132(b) to each State that meets the requirements of
section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of
section 132(b) to each outlying area that complies with the
requirements of this title, to assist the State or outlying area, and
to enable the State or outlying area to assist local areas, for the
purpose of providing workforce investment activities for adults, and
dislocated workers, in the State or outlying area and in the local
areas.
SEC. 132. STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) make allotments and grants from the amount appropriated
under section 136(b) for a fiscal year in accordance with
subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated under
section 136(c) for the fiscal year for use under subsection
(b)(2)(A), and under sections 168(b) (relating to dislocated
worker technical assistance), 169(c) (relating to dislocated
worker projects), and 170 (relating to national dislocated
worker grants); and
(B) make allotments from 80 percent of the amount
appropriated under section 136(c) for the fiscal year in
accordance with subsection (b)(2)(B).
(b) Allotment Among States.--
(1) Adult employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made
available under subsection (a)(1) for a fiscal
year, the Secretary shall reserve not more than
\1/4\ of 1 percent of such amount to provide
assistance to the outlying areas.
(ii) Applicability of additional
requirements.--From the amount reserved under
clause (i), the Secretary shall provide
assistance to the outlying areas for adult
employment and training activities and
statewide workforce investment activities in
accordance with the requirements of section
127(b)(1)(B).
(B) States.--
(i) In general.--After determining the
amount to be reserved under subparagraph (A),
the Secretary shall allot the remainder of the
amount made available under subsection (a)(1)
for that fiscal year to the States pursuant to
clause (ii) for adult employment and training
activities and statewide workforce investment
activities.
(ii) Formula.--Subject to clauses (iii) and
(iv), of the remainder--
(I) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
areas of substantial unemployment in
each State, compared to the total
number of unemployed individuals in
areas of substantial unemployment in
all States;
(II) 33\1/3\ percent shall be
allotted on the basis of the relative
excess number of unemployed individuals
in each State, compared to the total
excess number of unemployed individuals
in all States; and
(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of disadvantaged adults in each
State, compared to the total number of
disadvantaged adults in all States,
except as described in clause (iii).
(iii) Calculation.--In determining an
allotment under clause (ii)(III) for any State
in which there is an area that was designated
as a local area as described in section
107(c)(1)(C), the allotment shall be based on
the higher of--
(I) the number of adults in
families with an income below the low-
income level in such area; or
(II) the number of disadvantaged
adults in such area.
(iv) Minimum and maximum percentages and
minimum allotments.--In making allotments under
this subparagraph, the Secretary shall ensure
the following:
(I) Minimum percentage and
allotment.--Subject to subclause (IV),
the Secretary shall ensure that no
State shall receive an allotment for a
fiscal year that is an amount based on
90 percent of the allotment percentage
of the State for the preceding fiscal
year.
(II) Small state minimum
allotment.--Subject to subclauses (I),
(III), and (IV), the Secretary shall
ensure that no State shall receive an
allotment under this subparagraph that
is less than the total of--
(aa) \3/10\ of 1 percent of
$960,000,000 of the remainder
described in clause (i) for the
fiscal year; and
(bb) if the remainder
described in clause (i) for the
fiscal year exceeds
$960,000,000, \2/5\ of 1
percent of the excess.
(III) Maximum percentage.--Subject
to subclause (I), the Secretary shall
ensure that no State shall receive an
allotment percentage for a fiscal year
that is more than 130 percent of the
allotment percentage of the State for
the preceding fiscal year.
(IV) Minimum funding.--In any
fiscal year in which the remainder
described in clause (i) does not exceed
$960,000,000, the minimum allotments
under subclauses (I) and (II) shall be
calculated by the methodology specified
in section 132(b)(1)(B)(iv)(IV) of the
Workforce Investment Act of 1998 (as in
effect on the day before the date of
enactment of this Act).
(v) Definitions.--For the purpose of the
formula specified in this subparagraph:
(I) Adult.--The term ``adult''
means an individual who is not less
than age 22 and not more than age 72.
(II) Allotment percentage.--The
term ``allotment percentage'', used
with respect to fiscal year 2015 or a
subsequent fiscal year, means a
percentage of the remainder described
in clause (i) that is received through
an allotment made under this
subparagraph for the fiscal year. The
term, used with respect to fiscal year
2014, means the percentage of the
amount allotted to States under section
132(b)(1)(B) of the Workforce
Investment Act of 1998 (as in effect on
the day before the date of enactment of
this Act) that is received under such
section by the State involved for
fiscal year 2014.
(III) Area of substantial
unemployment.--The term ``area of
substantial unemployment'' means any
area that is of sufficient size and
scope to sustain a program of workforce
investment activities carried out under
this subtitle and that has an average
rate of unemployment of at least 6.5
percent for the most recent 12 months,
as determined by the Secretary. For
purposes of this subclause,
determinations of areas of substantial
unemployment shall be made once each
fiscal year.
(IV) Disadvantaged adult.--Subject
to subclause (V), the term
``disadvantaged adult'' means an adult
who received an income, or is a member
of a family that received a total
family income, that, in relation to
family size, does not exceed the higher
of--
(aa) the poverty line; or
(bb) 70 percent of the
lower living standard income
level.
(V) Disadvantaged adult special
rule.--The Secretary shall, as
appropriate and to the extent
practicable, exclude college students
and members of the Armed Forces from
the determination of the number of
disadvantaged adults.
(VI) Excess number.--The term
``excess number'' means, used with
respect to the excess number of
unemployed individuals within a State,
the higher of--
(aa) the number that
represents the number of
unemployed individuals in
excess of 4.5 percent of the
civilian labor force in the
State; or
(bb) the number that
represents the number of
unemployed individuals in
excess of 4.5 percent of the
civilian labor force in areas
of substantial unemployment in
such State.
(VII) Low-income level.--The term
``low-income level'' means $7,000 with
respect to income in 1969, and for any
later year means that amount that bears
the same relationship to $7,000 as the
Consumer Price Index for that year
bears to the Consumer Price Index for
1969, rounded to the nearest $1,000.
(2) Dislocated worker employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made
available under subsection (a)(2)(A) for a
fiscal year, the Secretary shall reserve not
more than \1/4\ of 1 percent of the amount
appropriated under section 136(c) for the
fiscal year to provide assistance to the
outlying areas.
(ii) Applicability of additional
requirements.--From the amount reserved under
clause (i), the Secretary shall provide
assistance to the outlying areas for dislocated
worker employment and training activities and
statewide workforce investment activities in
accordance with the requirements of section
127(b)(1)(B).
(B) States.--
(i) In general.--The Secretary shall allot
the amount referred to in subsection (a)(2)(B)
for a fiscal year to the States pursuant to
clause (ii) for dislocated worker employment
and training activities and statewide workforce
investment activities.
(ii) Formula.--Subject to clause (iii), of
the amount--
(I) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each State, compared to the total
number of unemployed individuals in all
States;
(II) 33\1/3\ percent shall be
allotted on the basis of the relative
excess number of unemployed individuals
in each State, compared to the total
excess number of unemployed individuals
in all States; and
(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of individuals in each State who
have been unemployed for 15 weeks or
more, compared to the total number of
individuals in all States who have been
unemployed for 15 weeks or more.
(iii) Minimum and maximum percentages and
minimum allotments.--In making allotments under
this subparagraph, for fiscal year 2016 and
each subsequent fiscal year, the Secretary
shall ensure the following:
(I) Minimum percentage and
allotment.--The Secretary shall ensure
that no State shall receive an
allotment for a fiscal year that is an
amount based on 90 percent of the
allotment percentage of the State for
the preceding fiscal year.
(II) Maximum percentage.--Subject
to subclause (I), the Secretary shall
ensure that no State shall receive an
allotment percentage for a fiscal year
that is more than 130 percent of the
allotment percentage of the State for
the preceding fiscal year.
(iv) Definitions.--For the purpose of the
formula specified in this subparagraph:
(I) Allotment percentage.--The term
``allotment percentage'', used with
respect to fiscal year 2015 or a
subsequent fiscal year, means a
percentage of the amount described in
clause (i) that is received through an
allotment made under this subparagraph
for the fiscal year.
(II) Excess number.--The term
``excess number'' means, used with
respect to the excess number of
unemployed individuals within a State,
the number that represents the number
of unemployed individuals in excess of
4.5 percent of the civilian labor force
in the State.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this
section or a corresponding provision of the Workforce
Investment Act of 1998 for employment and training activities
and statewide workforce investment activities (referred to
individually in this subsection as a ``State allotment'') and
that are available for reallotment.
(2) Amount.--The amount available for reallotment for a
program year for programs funded under subsection (b)(1)(B)
(relating to adult employment and training) or for programs
funded under subsection (b)(2)(B) (relating to dislocated
worker employment and training) is equal to the amount by which
the unobligated balance of the State allotments for adult
employment and training activities or dislocated worker
employment and training activities, respectively, at the end of
the program year prior to the program year for which the
determination under this paragraph is made, exceeds 20 percent
of such allotments for the prior program year.
(3) Reallotment.--In making reallotments to eligible States
of amounts available pursuant to paragraph (2) for a program
year, the Secretary shall allot to each eligible State an
amount based on the relative amount of the State allotment
under paragraph (1)(B) or (2)(B), respectively, of subsection
(b) for the program year for which the determination is made,
as compared to the total amount of the State allotments under
paragraph (1)(B) or (2)(B), respectively, of subsection (b) for
all eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means--
(A) with respect to funds allotted through a State
allotment for adult employment and training activities,
a State that does not have an amount of such funds
available for reallotment under paragraph (2) for the
program year for which the determination under
paragraph (2) is made; and
(B) with respect to funds allotted through a State
allotment for dislocated worker employment and training
activities, a State that does not have an amount of
such funds available for reallotment under paragraph
(2) for the program year for which the determination
under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within
the State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor
shall further prescribe equitable procedures for making funds
available from the State and local areas in the event that a
State is required to make funds available for reallotment under
this subsection.
SEC. 133. WITHIN STATE ALLOCATIONS.
(a) Reservations for State Activities.--
(1) Statewide workforce investment activities.--The
Governor shall make the reservation required under section
128(a).
(2) Statewide rapid response activities.--The Governor
shall reserve not more than 25 percent of the total amount
allotted to the State under section 132(b)(2)(B) for a fiscal
year for statewide rapid response activities described in
section 134(a)(2)(A).
(b) Within State Allocation.--
(1) Methods.--The Governor, acting in accordance with the
State plan, and after consulting with chief elected officials
and local boards in the local areas, shall allocate--
(A) the funds that are allotted to the State for
adult employment and training activities and statewide
workforce investment activities under section
132(b)(1)(B) and are not reserved under subsection
(a)(1), in accordance with paragraph (2) or (3); and
(B) the funds that are allotted to the State for
dislocated worker employment and training activities
and statewide workforce investment activities under
section 132(b)(2)(B) and are not reserved under
paragraph (1) or (2) of subsection (a), in accordance
with paragraph (2).
(2) Formula allocations.--
(A) Adult employment and training activities.--
(i) Allocation.--In allocating the funds
described in paragraph (1)(A) to local areas, a
State may allocate--
(I) 33\1/3\ percent of the funds on
the basis described in section
132(b)(1)(B)(ii)(I);
(II) 33\1/3\ percent of the funds
on the basis described in section
132(b)(1)(B)(ii)(II); and
(III) 33\1/3\ percent of the funds
on the basis described in clauses
(ii)(III) and (iii) of section
132(b)(1)(B).
(ii) Minimum percentage.--The local area
shall not receive an allocation percentage for
a fiscal year that is less than 90 percent of
the average allocation percentage of the local
area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to
local areas to comply with the preceding
sentence shall be obtained by ratably reducing
the allocations to be made to other local areas
under this subparagraph.
(iii) Definition.--In this subparagraph,
the term ``allocation percentage'', used with
respect to fiscal year 2015 or a subsequent
fiscal year, means a percentage of the funds
referred to in clause (i), received through an
allocation made under this subparagraph, for
the fiscal year. The term, used with respect to
fiscal year 2013 or 2014, means a percentage of
the amount allocated to local areas under
paragraphs (2)(A) and (3) of section 133(b) of
the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment
of this Act), received through an allocation
made under paragraph (2)(A) or (3) of that
section for fiscal year 2013 or 2014,
respectively.
(B) Dislocated worker employment and training
activities.--
(i) Allocation.--In allocating the funds
described in paragraph (1)(B) to local areas, a
State shall allocate the funds based on an
allocation formula prescribed by the Governor
of the State. Such formula may be amended by
the Governor not more than once for each
program year. Such formula shall utilize the
most appropriate information available to the
Governor to distribute amounts to address the
State's worker readjustment assistance needs.
(ii) Information.--The information
described in clause (i) shall include insured
unemployment data, unemployment concentrations,
plant closing and mass layoff data, declining
industries data, farmer-rancher economic
hardship data, and long-term unemployment data.
(iii) Minimum percentage.--The local area
shall not receive an allocation percentage for
fiscal year 2016 or a subsequent fiscal year
that is less than 90 percent of the average
allocation percentage of the local area for the
2 preceding fiscal years. Amounts necessary for
increasing such allocations to local areas to
comply with the preceding sentence shall be
obtained by ratably reducing the allocations to
be made to other local areas under this
subparagraph.
(iv) Definition.--In this subparagraph, the
term ``allocation percentage'', used with
respect to fiscal year 2015 or a subsequent
fiscal year, means a percentage of the funds
referred to in clause (i), received through an
allocation made under this subparagraph for the
fiscal year. The term, used with respect to
fiscal year 2014, means a percentage of the
amount allocated to local areas under section
133(b)(2)(B) of the Workforce Investment Act of
1998 (as in effect on the day before the date
of enactment of this Act), received through an
allocation made under that section for fiscal
year 2014.
(C) Application.--For purposes of carrying out
subparagraph (A)--
(i) references in section 132(b) to a State
shall be deemed to be references to a local
area;
(ii) references in section 132(b) to all
States shall be deemed to be references to all
local areas in the State involved; and
(iii) except as described in clause (i),
references in section 132(b)(1) to the term
``excess number'' shall be considered to be
references to the term as defined in section
132(b)(1).
(3) Adult employment and training discretionary
allocations.--In lieu of making the allocation described in
paragraph (2)(A), in allocating the funds described in
paragraph (1)(A) to local areas, a State may distribute--
(A) a portion equal to not less than 70 percent of
the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis
of a formula that--
(i) incorporates additional factors (other
than the factors described in paragraph (2)(A))
relating to--
(I) excess poverty in urban, rural,
and suburban local areas; and
(II) excess unemployment above the
State average in urban, rural, and
suburban local areas; and
(ii) was developed by the State board and
approved by the Secretary as part of the State
plan.
(4) Transfer authority.--A local board may transfer, if
such a transfer is approved by the Governor, up to and
including 100 percent of the funds allocated to the local area
under paragraph (2)(A) or (3), and up to and including 100
percent of the funds allocated to the local area under
paragraph (2)(B), for a fiscal year between--
(A) adult employment and training activities; and
(B) dislocated worker employment and training
activities.
(5) Allocation.--
(A) In general.--The Governor shall allocate the
funds described in paragraph (1) to local areas under
paragraphs (2) and (3) for the purpose of providing a
single system of employment and training activities for
adults and dislocated workers in accordance with
subsections (c) and (d) of section 134.
(B) Additional requirements.--
(i) Adults.--Funds allocated under
paragraph (2)(A) or (3) shall be used by a
local area to contribute to the costs of the
one-stop delivery system described in section
121(e) as determined under section 121(h) and
to pay for employment and training activities
provided to adults in the local area,
consistent with section 134.
(ii) Dislocated workers.--Funds allocated
under paragraph (2)(B) shall be used by a local
area to contribute to the costs of the one-stop
delivery system described in section 121(e) as
determined under section 121(h) and to pay for
employment and training activities provided to
dislocated workers in the local area,
consistent with section 134.
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts
that are made available to local areas from allocations made
under paragraph (2)(A) or (3) of subsection (b) or a
corresponding provision of the Workforce Investment Act of 1998
for adult employment and training activities, or under
subsection (b)(2)(B) or a corresponding provision of the
Workforce Investment Act of 1998 for dislocated worker
employment and training activities (referred to individually in
this subsection as a ``local allocation'') and that are
available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year--
(A) for adult employment and training activities is
equal to the amount by which the unobligated balance of
the local allocation under paragraph (2)(A) or (3) of
subsection (b) for such activities, at the end of the
program year prior to the program year for which the
determination under this subparagraph is made, exceeds
20 percent of such allocation for the prior program
year; and
(B) for dislocated worker employment and training
activities is equal to the amount by which the
unobligated balance of the local allocation under
subsection (b)(2)(B) for such activities, at the end of
the program year prior to the program year for which
the determination under this subparagraph is made,
exceeds 20 percent of such allocation for the prior
program year.
(3) Reallocation.--In making reallocations to eligible
local areas of amounts available pursuant to paragraph (2) for
a program year, the Governor shall allocate to each eligible
local area within the State--
(A) with respect to such available amounts that
were allocated under paragraph (2)(A) or (3) of
subsection (b), an amount based on the relative amount
of the local allocation under paragraph (2)(A) or (3)
of subsection (b), as appropriate, for the program year
for which the determination is made, as compared to the
total amount of the local allocations under paragraph
(2)(A) or (3) of subsection (b), as appropriate, for
all eligible local areas in the State for such program
year; and
(B) with respect to such available amounts that
were allocated under subsection (b)(2)(B), an amount
based on the relative amount of the local allocation
under subsection (b)(2)(B) for the program year for
which the determination is made, as compared to the
total amount of the local 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 program 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 ACTIVITIES.
(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 employment 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 paragraph (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, carried 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 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 activities.--
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
coordination 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, convening, 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
accountability information system in accordance
with section 116(i);
(iv) carrying out monitoring and oversight
of activities 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 providers of apprenticeship
programs described in section
122(a)(2)(B);
(II) information identifying
eligible providers of on-the-job
training, customized training,
incumbent worker training, internships,
paid or unpaid work experience
opportunities, or transitional jobs;
(III) information on effective
outreach to, partnerships with, and
services for, business;
(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
programmatic accessibility, in
accordance with section 188, if
applicable, and the Americans with
Disabilities 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
paragraph (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
strategies designed to meet the needs of all
employers (including small employers) in the
State, which programs and strategies may
include incumbent worker training programs,
customized training, sectoral and industry
cluster strategies and implementation of
industry or sector partnerships, career pathway
programs, 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 coordinating 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 accelerate course
or credential completion;
(iv) implementing programs to increase the
number of individuals training for and placed
in nontraditional 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 investment activities with
economic development activities;
(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 carried out by the
Department of Agriculture;
(cc) programs carried out
in local areas for individuals
with disabilities, including
programs 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 activities, 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
dissemination of workforce and labor
market information;
(ix) conducting research and demonstration
projects related to meeting the employment and
education 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 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 providing
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 employment 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 allocated 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 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 paragraph (2) to adults and
dislocated workers, respectively, through the
one-stop delivery system in accordance with
such paragraph;
(iii) to provide training services
described in paragraph (3) to adults and
dislocated workers, respectively, described in
such paragraph;
(iv) to establish and develop relationships
and networks with large and small employers and
their intermediaries; 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
paragraph (1) shall be used to provide career services,
which shall be available to individuals who are adults
or dislocated 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 supportive 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 nontraditional
employment; and
(II) appropriate recruitment and
other business 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 system and, in
appropriate cases, other workforce development
programs;
(vi) provision of workforce and labor
market employment statistics information,
including the provision 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 program cost information on eligible
providers of training services as described in
section 122, provided by program, and eligible
providers of youth workforce investment
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 customers, regarding how the local
area is performing on the local performance
accountability measures described in section
116(c) and any additional performance
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
support, 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 supplemental
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
transportation 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
compensation;
(xi) assistance in establishing eligibility
for programs of financial aid assistance for
training and education 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
appropriate employment goals;
(II) development of an individual
employment plan, to identify the
employment goals, appropriate
achievement objectives, and appropriate
combination 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, communication skills,
interviewing skills, punctuality,
personal maintenance skills, and
professional conduct, 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
employment, as appropriate.
(B) 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 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 participant 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--
(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 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), 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 determined 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 paragraph (2)(A)(xii);
(bb) be in need of training
services to obtain or retain
employment that leads to
economic self-sufficiency or
wages comparable to or higher
than wages from previous
employment; and
(cc) have the skills and
qualifications to successfully
participate in the selected
program 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
subparagraph (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 education 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.--
(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 programs, 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 reimbursement
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 appropriate) may take into
consideration the full cost of participating in
training services, including the costs of
dependent care and transportation, and other
appropriate 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
subsection (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
commitment by an employer or group of employers
to employ 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 paragraph (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 determinations 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
individual 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 individual training accounts with funding
from other Federal, State, local, or private
job training programs or sources to assist the
individual in obtaining training services.
(v) Additional information.--Priority
consideration shall, consistent with clause
(i), be given to programs that lead to
recognized postsecondary credentials 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 individual training account if--
(I) the requirements of
subparagraph (F) are met;
(II) such services are on-the-job
training, customized 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
community-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 contract.
(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 arrangements 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
(II) the local board approves the
increase with respect to a program
carried out with funds allocated to a
local area under such chapter, taking
into account those factors.
(ii) Factors.--For purposes of clause (i),
the Governor or local board, 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 Activities.--
(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 contract 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 services, regarding the
provision of services to individuals with
disabilities in local areas, including the
development and training of staff, the
provision of outreach, intake, assessments, and
service delivery, the coordination of services
across providers and programs, and the
development of performance accountability
measures;
(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 title
IV of the Social Security Act (42
U.S.C. 651 et seq.);
(II) 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.);
(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 occupations, 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 economic development,
philanthropic, and other public and
private resources in a manner
determined 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 initiatives for
meeting the workforce
investment needs of area
employers and workers;
(cc) assistance to area
employers in managing
reductions in force in
coordination with rapid
response activities provided
under subsection (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 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); 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 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
dislocated 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 subsection (c)(3).
(B) Additional eligibility requirements.--In
addition to the requirements contained in subparagraph
(A), a dislocated worker who has ceased to qualify for
unemployment 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 activities 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
compensation; or
(ii) if such worker did not qualify for
unemployment 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.
(ii) Determination of eligibility.--For the
purpose 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
provided 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
beginning 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 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 subsection (c)(3) that--
(A) are time-limited work experiences that are
subsidized and are in the public, private, or nonprofit
sectors for individuals with barriers to employment who
are chronically 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, demonstrate 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 Activities.--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 postsecondary credentials
leading to--
(i) successful careers, in in-demand
industry sectors 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
responsibilities 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 requirements 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.
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 Assistance 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 employment 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
requirement.
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
considering 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;
(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 determining 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
agencies, business organizations, or labor
organizations; and
(C) child welfare agencies that are responsible for
children 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
enforcement, 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 provided 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) determines
that--
(A) there is a reasonable expectation that the
individual 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
conducted in accordance with procedures established by
the Secretary and with applicable State and local laws.
(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 individual contact with the criminal justice system except
for a disqualifying conviction as specified in paragraph (3).
(3) Individuals convicted of certain crimes.--An individual
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 procedures
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
participating in the Job Corps program because the
closest center is operating at full capacity; or
(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
individual 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 program, 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
subsections (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 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 demonstrates 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 General 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 employment or education leading to a
recognized postsecondary 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 Investment Act of 1998, and as
appropriate, the entity's demonstrated 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 communities 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 requirements 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
factors 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
competitive 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
established 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 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 determination 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
performance 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
performance 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
graduates in employment, the military,
education, or training;
(ii) the 12-month follow-up placement rate
of graduates 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 Agriculture, 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
Agriculture shall ensure that with respect to the provision of
such assistance the enrollees are properly trained, equipped,
supervised, and dispatched consistent with standards for the
conservation 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 agreement
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 subsection
(a)(1)(A) shall be for not more than a 2-year period. The Secretary may
exercise any contractual option to renew the agreement 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 performance for eligible youth described
in section 116(b)(2)(A)(ii).
(2) Exception.--Notwithstanding paragraph (1), the
Secretary 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 services 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 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, physical rehabilitation and development, driver's
education, and counseling, which may include information about
financial literacy. 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 provided
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
postsecondary 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.--
(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 standards
by which any operator seeking to enroll additional enrollees in
an advanced career training program shall demonstrate, before
the operator may carry out such additional enrollment, that--
(A) participants in such program have achieved a
satisfactory 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 Secretary shall
arrange for the provision of job placement and support services to
graduates for up to 12 months after the date of graduation. 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 every
effort to assure that their needs for further activities described in
this subtitle are met.
(d) Services to Former Enrollees.--The Secretary may provide 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 allowances as the
Secretary may determine to be necessary or appropriate 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 allowance
shall be incentive-based to reflect a graduate's completion of
academic, career and technical education or training, and attainment 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 provide, 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 subsection (b)(2)(A).
(b) Disciplinary Measures.--
(1) In general.--To promote the proper behavioral standards
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
accordance with procedures prescribed by the Secretary
under section 145(a).
(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
subparagraph (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
practicable, 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 programs 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.
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
officers 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
opportunities 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 requirements
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
employment after graduation;
(C) determine the skills and education that are
necessary to obtain the employment opportunities; and
(D) recommend to the Secretary the type of career
and technical education and training that should be
implemented 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.
(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 Committee on Education and the
Workforce of the House of Representatives 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 program 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
operating 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
subsection 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 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 support 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 Secretary 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
Secretary and the Secretary of Education shall receive priority
by the Secretary of Defense for the direct transfer, on a
nonreimbursable 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 Department
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 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 operator 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,
maintains 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
activities 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
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 Secretary
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
performance 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 providers.--
The Secretary shall also establish performance indicators, 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
performance 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
providers described in paragraphs (2) and (3) on the
performance indicators established under such
paragraphs, as compared 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
apprenticeship programs;
(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
unsubsidized 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
subparagraphs (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
comparing the number of enrollees at the center in a
program year to the total budget for such center in the
same program year;
(N) the cost per graduate, which is calculated by
comparing 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
Secretary.
(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 program.
(2) Performance improvement.--With respect to a Job Corps
center that fails to meet the expected levels of performance
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;
(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 paragraph (2), the
Secretary may develop and implement additional performance
improvement plans. Such a plan shall require improvements,
including the actions described in such paragraph, for a Job
Corps center that fails to meet criteria established 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
Agriculture, shall select an entity to operate the Civilian
Conservation 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 information
regarding the national and community service activities of enrollees,
particularly those enrollees at Civilian Conservation Centers.
(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
(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 appropriate,
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
obligations may be referred to the Attorney General for suit or
collection; and
(3) expend funds made available for purposes of this
subtitle--
(A) for printing and binding, in accordance with
applicable law (including regulation); and
(B) without regard to any other law (including
regulation), 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 expenditure would affect an
activity that otherwise would be under the
jurisdiction of the General Services
Administration) 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 paragraphs
(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'';
(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
beginning 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
subsection 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
paragraph (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 enactment
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 Services,
Education, and Related Agencies of the Committee of
Appropriations of the House of Representatives;
(3) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(4) the Subcommittee on Labor, Health and Human Services,
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
subtitle--
(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
communities in accordance with the goals and values of
such communities.
(2) Indian policy.--All programs assisted under this
section 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 organization.--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 authorized
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
paragraph (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, or retain unsubsidized employment leading to
self-sufficiency.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under
subsection (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
provision of this section, individuals who were
eligible to participate 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 appropriate, 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
appropriate 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 section
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 Demonstration 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
subsection (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.--
(1) Additional performance indicators and standards.--
(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 section 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 subsection (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,
characteristics 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 Department 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 accountability 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 participants, grievance procedures, and judicial
review.
(B) Request and approval.--An entity described in
subsection (c) that requests a waiver under
subparagraph (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 established 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
representatives 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 support as may be necessary to
perform the functions of the Council.
(E) Chairperson.--The Council shall select a
chairperson 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
provide 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 federally
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.
(j) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts and cooperative agreements
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.
(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
competitive basis, to entities with demonstrated experience and
expertise in developing and implementing programs for the
unique populations who reside in Alaska or Hawaii, including
public and private nonprofit organizations, tribal
organizations, American 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 authorized
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
subsection (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;
(B) describe the related assistance and supportive
services to be provided and the manner in which such
assistance 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 available 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,
characteristics 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 activities) 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
permanent housing), supportive services, and school dropout
prevention and recovery activities;
(2) followup services for those individuals placed in
employment;
(3) self-employment and related business or micro-
enterprise 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
occupations 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 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 establishing 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 providing
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
paragraph (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-sufficiency; and
(B) a dependent of the person described in
subparagraph (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,
coordinate, 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;
(B) the training of staff providing rapid response
services;
(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 management 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 management information systems that
would facilitate shared registration across programs;
(F) assistance regarding accounting and program
operations 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
transitions 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
section 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,
establishing, 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
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
evaluations 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 activities, 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
subsection 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 this subsection by the end of fiscal year
2019, and thereafter shall ensure that such an analysis is
included in the independent evaluation described in paragraph
(1)(B) that is conducted 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 Secretary
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
subsection.
(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
(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 contribute
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
disconnected 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 education and workforce
participation, the ways in which such youth could have
greater opportunities for education attainment and
obtaining employment, and the resources available to
assist such youth in obtaining the skills, credentials,
and work experience necessary to become economically
self-sufficient.
(C) Study of effectiveness of workforce development
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 assistance to participants in the form of
exit interviews, mentoring, 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 Secretary
of Labor, in coordination with the Secretary of
Education, may conduct studies to determine the
feasibility of, and potential means to replicate,
measuring the compensation, including the wages,
benefits, and other incentives provided by an employer,
received by program participants 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
coordination with the Secretary of Housing and Urban
Development, may conduct studies to assist public
housing authorities 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
coordination 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 convening 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
providers 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, education, and training that lead to equivalent
pay for men and women, including strategies to increase
the participation 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, and Pensions of the Senate and the Committee on
Education 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 demonstrated 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 particular service populations,
or address industry-wide skill shortages, to the extent
such projects are consistent with the priorities
specified in the plan published under paragraph (1).
(B) Design of grants.--Agreements for grants or
contracts awarded under this paragraph shall be
designed to obtain information relating to the
provision of services under different economic
conditions or to various demographic 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 subparagraph.
(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 Secretary shall establish appropriate
time limits for the duration of such projects.
(c) Dislocated Worker Projects.--Of the amount made available
pursuant to section 132(a)(2)(A) for any program year, the Secretary
shall use not more than 10 percent of such amount 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 dislocations, assisting dislocated
farmers, assisting dislocated fishermen, and promoting public works.
Such projects shall be administered 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
Assistance 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 closures, 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
substantial 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 demonstrate the need for additional funds to
provide appropriate 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 Armed Forces, spouses
described in section 3(15)(E), or members of
the Armed Forces described in subsection
(c)(2)(A)(iv), exceeds State and local
resources for providing such activities; and
(ii) such activities are to be carried out
in partnership 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 effectively 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
dislocated 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
nonmanagerial position with a Department of
Defense contractor, 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 nondefense 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 separation
benefits program under section 1174a of
title 10, United States Code, or the
voluntary separation 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 marketable 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
``military 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 Requirements.--
(1) In general.--Funds made available under subsection
(b)(1)(B)--
(A) shall be used, in coordination with the
Administrator 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,
facilities, 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
agencies 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
consequence 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.
(B) Extension.--At the request of a State, the
Secretary 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 determined by the
Secretary and following notification to the Secretary, 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 pursuant 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-
sufficiency 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
community and other nonprofit and public facilities, including
those facilities that are used to serve homeless and low-income
families.
(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;
(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
services consisting of training, information, technical
assistance, 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
(commonly 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
established 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 program''
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
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
(coordinated, to the maximum extent feasible,
with preapprenticeship and registered
apprenticeship programs) 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 education;
(II) language instruction
educational programs for participants
who are English language learners;
(III) secondary education services
and activities, 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 disabilities);
(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 completion of
training, in obtaining or retaining employment,
or applying for and transitioning to
postsecondary education or training; and
(viii) job search and assistance.
(B) Supervision and training for participants in
the rehabilitation or construction of housing,
including residential housing for homeless individuals
or low-income families, 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 community 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
participants 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 submission 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 proposed program;
(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 occupations 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 agencies 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 agencies, 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 developing 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, activities 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 program to
established registered apprenticeship programs
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 undertaken to develop the leadership skills
of participants;
(xv) a detailed budget and a description of
the system of fiscal controls, and auditing and
accountability 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 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 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 property;
(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;
(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
unemployment, 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 participants;
(E) the focus of a proposed program on preparing
youth for in-demand industry sectors or occupations, or
postsecondary 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 participating 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
activities 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
activities 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 proposed 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 construction, 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
available 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
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 rehabilitated
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
individuals 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 equivalent (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 participants 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, or
control over the curriculum, program of instruction,
administration, 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 programs
and activities supported with funds provided under subsection
(c) shall be consistent with applicable State and local
educational standards. Standards and procedures for the
programs 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 evaluation, 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 provide 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;
(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 appropriated
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.
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 situated 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 minimum wage law.
(B) Rule of construction.--The reference in
subparagraph (A) to section 6(a)(1) of the Fair Labor
Standards 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 payments.--
Allowances, earnings, and payments to individuals participating
in programs under this title shall not be considered 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 participation
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 benefits) 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 without 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;
(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
activities. 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
conditions 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 members 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
maintain 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--
(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 relocation 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
violation 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
paragraph) 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 generating
activities, investment in revolving loan funds, capitalization of
businesses, investment in contract bidding resource centers, economic
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 Substances.--
(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.
(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
subject 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 participants.
(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 allotments 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 Discretionary
Funds.--Whenever the Secretary utilizes a formula to allot or allocate
funds made available for distribution at the Secretary'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 State and local area. After
consideration of any comments received, the Secretary shall publish
final allotments and allocations in the Federal Register.
(e) Availability of Funds.--Funds shall be made available under
section 128, and funds shall be made available under section 133, for a
local area not later than 30 days after the date the funds are made
available to the Governor involved, under section 127 or 132 (as the
case may be), or 7 days after the date the local plan for the area is
approved, whichever is later.
SEC. 183. MONITORING.
(a) In General.--The Secretary is authorized to monitor all
recipients of financial assistance under this title to determine
whether the recipients are complying with the provisions of this title,
including the regulations issued under this title.
(b) Investigations.--The Secretary may investigate any matter the
Secretary determines to be necessary to determine the compliance of the
recipients with this title, including the regulations issued under this
title. The investigations authorized by this subsection may include
examining records (including making certified copies of the records),
questioning employees, and entering any premises or onto any site in
which any part of a program or activity of such a recipient is
conducted or in which any of the records of the recipient are kept.
(c) Additional Requirement.--For the purpose of any investigation
or hearing conducted under this title by the Secretary, the provisions
of section 9 of the Federal Trade Commission Act (15 U.S.C. 49)
(relating to the attendance of witnesses and the production of
documents) apply to the Secretary, in the same manner and to the same
extent as the provisions apply to the Federal Trade Commission.
SEC. 184. FISCAL CONTROLS; SANCTIONS.
(a) Establishment of Fiscal Controls by States.--
(1) In general.--Each State shall establish such fiscal
control and fund accounting procedures as may be necessary to
assure the proper disbursal of, and accounting for, Federal
funds allocated to local areas under subtitle B. Such
procedures shall ensure that all financial transactions carried
out under subtitle B are conducted and records maintained in
accordance with generally accepted accounting principles
applicable in each State.
(2) Cost principles.--
(A) In general.--Each State (including the Governor
of the State), local area (including the chief elected
official for the area), and provider receiving funds
under this title shall comply with the applicable
uniform cost principles included in appropriate
circulars or rules of the Office of Management and
Budget for the type of entity receiving the funds.
(B) Exception.--The funds made available to a State
for administration of statewide workforce investment
activities in accordance with section 134(a)(3)(B)
shall be allocable to the overall administration of
workforce investment activities, but need not be
specifically allocable to--
(i) the administration of adult employment
and training activities;
(ii) the administration of dislocated
worker employment and training activities; or
(iii) the administration of youth workforce
investment activities.
(3) Uniform administrative requirements.--
(A) In general.--Each State (including the Governor
of the State), local area (including the chief elected
official for the area), and provider receiving funds
under this title shall comply with the appropriate
uniform administrative requirements for grants and
agreements applicable for the type of entity receiving
the funds, as promulgated in circulars or rules of the
Office of Management and Budget.
(B) Additional requirement.--Procurement
transactions under this title between local boards and
units of State or local governments shall be conducted
only on a cost-reimbursable basis.
(4) Monitoring.--Each Governor of a State shall conduct on
an annual basis onsite monitoring of each local area within the
State to ensure compliance with the uniform administrative
requirements referred to in paragraph (3).
(5) Action by governor.--If the Governor determines that a
local area is not in compliance with the uniform administrative
requirements referred to in paragraph (3), the Governor shall--
(A) require corrective action to secure prompt
compliance with the requirements; and
(B) impose the sanctions provided under subsection
(b) in the event of failure to take the required
corrective action.
(6) Certification.--The Governor shall, every 2 years,
certify to the Secretary that--
(A) the State has implemented the uniform
administrative requirements referred to in paragraph
(3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements
as required under paragraph (4); and
(C) the State has taken appropriate action to
secure compliance with the requirements pursuant to
paragraph (5).
(7) Action by the secretary.--If the Secretary determines
that the Governor has not fulfilled the requirements of this
subsection, the Secretary shall--
(A) require corrective action to secure prompt
compliance with the requirements of this subsection;
and
(B) impose the sanctions provided under subsection
(e) in the event of failure of the Governor to take the
required appropriate action to secure compliance with
the requirements.
(b) Substantial Violation.--
(1) Action by governor.--If, as a result of financial and
compliance audits or otherwise, the Governor determines that
there is a substantial violation of a specific provision of
this title, and corrective action has not been taken, the
Governor shall--
(A) issue a notice of intent to revoke approval of
all or part of the local plan affected; or
(B) impose a reorganization plan, which may
include--
(i) decertifying the local board involved;
(ii) prohibiting the use of eligible
providers;
(iii) selecting an alternative entity to
administer the program for the local area
involved;
(iv) merging the local area into one or
more other local areas; or
(v) making such other changes as the
Secretary or Governor determines to be
necessary to secure compliance with the
provision.
(2) Appeal.--
(A) In general.--The actions taken by the Governor
pursuant to subparagraphs (A) and (B) of paragraph (1)
may be appealed to the Secretary and shall not become
effective until--
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) Additional requirement.--The Secretary shall
make a final decision under subparagraph (A) not later
than 45 days after the receipt of the appeal.
(3) Action by the secretary.--If the Governor fails to take
promptly an action required under paragraph (1), the Secretary
shall take such action.
(c) Repayment of Certain Amounts to the United States.--
(1) In general.--Every recipient of funds under this title
shall repay to the United States amounts found not to have been
expended in accordance with this title.
(2) Offset of repayment amount.--If the Secretary
determines that a State has expended funds received under this
title in a manner contrary to the requirements of this title,
the Secretary may require repayment by offsetting the amount of
such expenditures against any other amount to which the State
is or may be entitled under this title, except as provided
under subsection (d)(1).
(3) Repayment from deduction by state.--If the Secretary
requires a State to repay funds as a result of a determination
that a local area of the State has expended funds in a manner
contrary to the requirements of this title, the Governor of the
State may use an amount deducted under paragraph (4) to repay
the funds, except as provided under subsection (e).
(4) Deduction by state.--The Governor may deduct an amount
equal to the misexpenditure described in paragraph (3) from
subsequent program year (subsequent to the program year for
which the determination was made) allocations to the local area
from funds reserved for the administrative costs of the local
programs involved, as appropriate.
(5) Limitations.--A deduction made by a State as described
in paragraph (4) shall not be made until such time as the
Governor has taken appropriate corrective action to ensure full
compliance with this title within such local area with regard
to appropriate expenditures of funds under this title.
(d) Repayment of Amounts.--
(1) In general.--Each recipient of funds under this title
shall be liable to repay the amounts described in subsection
(c)(1), from funds other than funds received under this title,
upon a determination by the Secretary that the misexpenditure
of the amounts was due to willful disregard of the requirements
of this title, gross negligence, failure to observe accepted
standards of administration, or a pattern of misexpenditure
described in subsection (c)(1). No such determination shall be
made under this subsection or subsection (c) until notice and
opportunity for a fair hearing have been given to the
recipient.
(2) Factors in imposing sanctions.--In determining whether
to impose any sanction authorized by this section against a
recipient of funds under this title for violations of this
title (including applicable regulations) by a subgrantee or
contractor of such recipient, the Secretary shall first
determine whether such recipient has adequately demonstrated
that the recipient has--
(A) established and adhered to an appropriate
system, for entering into and monitoring subgrant
agreements and contracts with subgrantees and
contractors, that contains acceptable standards for
ensuring accountability;
(B) entered into a written subgrant agreement or
contract with such a subgrantee or contractor that
established clear goals and obligations in unambiguous
terms;
(C) acted with due diligence to monitor the
implementation of the subgrant agreement or contract,
including carrying out the appropriate monitoring
activities (including audits) at reasonable intervals;
and
(D) taken prompt and appropriate corrective action
upon becoming aware of any evidence of a violation of
this title, including regulations issued under this
title, by such subgrantee or contractor.
(3) Waiver.--If the Secretary determines that the recipient
has demonstrated substantial compliance with the requirements
of paragraph (2), the Secretary may waive the imposition of
sanctions authorized by this section upon such recipient. The
Secretary is authorized to impose any sanction consistent with
the provisions of this title and with any applicable Federal or
State law directly against any subgrantee or contractor for
violation of this title, including regulations issued under
this title.
(e) Immediate Termination or Suspension of Assistance in Emergency
Situations.--In emergency situations, if the Secretary determines it is
necessary to protect the integrity of the funds or ensure the proper
operation of the program or activity involved, the Secretary may
immediately terminate or suspend financial assistance, in whole or in
part, to the recipient if the recipient is given prompt notice and the
opportunity for a subsequent hearing within 30 days after such
termination or suspension. The Secretary shall not delegate any of the
functions or authority specified in this subsection, other than to an
officer whose appointment is required to be made by and with the advice
and consent of the Senate.
(f) Discrimination Against Participants.--If the Secretary
determines that any recipient under this title has discharged or in any
other manner discriminated against a participant or against any
individual in connection with the administration of the program
involved, or against any individual because such individual has filed
any complaint or instituted or caused to be instituted any proceeding
under or related to this title, or has testified or is about to testify
in any such proceeding or an investigation under or related to this
title, or otherwise unlawfully denied to any individual a benefit to
which that individual is entitled under the provisions of this title,
including regulations issued under this title, the Secretary shall,
within 30 days, take such action or order such corrective measures, as
necessary, with respect to the recipient or the aggrieved individual,
or both.
(g) Remedies.--The remedies described in this section shall not be
considered to be the exclusive remedies available for violations
described in this section.
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.
(a) Recipient Recordkeeping and Reports.--
(1) In general.--Recipients of funds under this title shall
keep records that are sufficient to permit the preparation of
reports required by this title and to permit the tracing of
funds to a level of expenditure adequate to ensure that the
funds have not been spent unlawfully.
(2) Records and reports regarding general performance.--
Every such recipient shall maintain such records and submit
such reports, in such form and containing such information, as
the Secretary may require regarding the performance of programs
and activities carried out under this title. Such records and
reports shall be submitted to the Secretary but shall not be
required to be submitted more than once each quarter unless
specifically requested by Congress or a committee of Congress,
in which case an estimate regarding such information may be
provided.
(3) Maintenance of standardized records.--In order to allow
for the preparation of the reports required under subsection
(c), such recipients shall maintain standardized records for
all individual participants and provide to the Secretary a
sufficient number of such records to provide for an adequate
analysis of the records.
(4) Availability to the public.--
(A) In general.--Except as provided in subparagraph
(B), records maintained by such recipients pursuant to
this subsection shall be made available to the public
upon request.
(B) Exception.--Subparagraph (A) shall not apply
to--
(i) information, the disclosure of which
would constitute a clearly unwarranted invasion
of personal privacy; and
(ii) trade secrets, or commercial or
financial information, that is--
(I) obtained from a person; and
(II) privileged or confidential.
(C) Fees to recover costs.--Such recipients may
charge fees sufficient to recover costs applicable to
the processing of requests for records under
subparagraph (A).
(b) Investigations of Use of Funds.--
(1) In general.--
(A) Secretary.--In order to evaluate compliance
with the provisions of this title, the Secretary shall
conduct, in several States, in each fiscal year,
investigations of the use of funds received by
recipients under this title.
(B) Comptroller general of the united states.--In
order to ensure compliance with the provisions of this
title, the Comptroller General of the United States may
conduct investigations of the use of funds received
under this title by any recipient.
(2) Prohibition.--In conducting any investigation under
this title, the Secretary or the Comptroller General of the
United States may not request the compilation of any
information that the recipient is not otherwise required to
compile and that is not readily available to such recipient.
(3) Audits.--
(A) In general.--In carrying out any audit under
this title (other than any initial audit survey or any
audit investigating possible criminal or fraudulent
conduct), either directly or through grant or contract,
the Secretary, the Inspector General of the Department
of Labor, or the Comptroller General of the United
States shall furnish to the State, recipient, or other
entity to be audited, advance notification of the
overall objectives and purposes of the audit, and any
extensive recordkeeping or data requirements to be met,
not later than 14 days (or as soon as practicable)
prior to the commencement of the audit.
(B) Notification requirement.--If the scope,
objectives, or purposes of the audit change
substantially during the course of the audit, the
entity being audited shall be notified of the change as
soon as practicable.
(C) Additional requirement.--The reports on the
results of such audits shall cite the law, regulation,
policy, or other criteria applicable to any finding
contained in the reports.
(D) Rule of construction.--Nothing contained in
this title shall be construed so as to be inconsistent
with the Inspector General Act of 1978 (5 U.S.C. App.)
or government auditing standards issued by the
Comptroller General of the United States.
(c) Grantee Information Responsibilities.--Each State, each local
board, and each recipient (other than a subrecipient, subgrantee, or
contractor of a recipient) receiving funds under this title--
(1) shall make readily accessible such reports concerning
its operations and expenditures as shall be prescribed by the
Secretary;
(2) shall prescribe and maintain comparable management
information systems, in accordance with guidelines that shall
be prescribed by the Secretary, designed to facilitate the
uniform compilation, cross tabulation, and analysis of
programmatic, participant, and financial data, on statewide,
local area, and other appropriate bases, necessary for
reporting, monitoring, and evaluating purposes, including data
necessary to comply with section 188;
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title; and
(4) shall, to the extent practicable, submit or make
available (including through electronic means) any reports,
records, plans, or any other data that are required to be
submitted or made available, respectively, under this title.
(d) Information To Be Included in Reports.--
(1) In general.--The reports required in subsection (c)
shall include information regarding programs and activities
carried out under this title pertaining to--
(A) the relevant demographic characteristics
(including race, ethnicity, sex, and age) and other
related information regarding participants;
(B) the programs and activities in which
participants are enrolled, and the length of time that
participants are engaged in such programs and
activities;
(C) outcomes of the programs and activities for
participants, including the occupations of
participants, and placement for participants in
nontraditional employment;
(D) specified costs of the programs and activities;
and
(E) information necessary to prepare reports to
comply with section 188.
(2) Additional requirement.--The Secretary shall ensure
that all elements of the information required for the reports
described in paragraph (1) are defined and that the information
is reported uniformly.
(e) Quarterly Financial Reports.--
(1) In general.--Each local board in a State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such
reports shall include information identifying all program and
activity costs by cost category in accordance with generally
accepted accounting principles and by year of the appropriation
involved.
(2) Additional requirement.--Each State shall submit to the
Secretary, and the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives, on a quarterly basis, a summary of the reports
submitted to the Governor pursuant to paragraph (1).
(f) Maintenance of Additional Records.--Each State and local board
shall maintain records with respect to programs and activities carried
out under this title that identify--
(1) any income or profits earned, including such income or
profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) Cost Categories.--In requiring entities to maintain records of
costs by cost category under this title, the Secretary shall require
only that the costs be categorized as administrative or programmatic
costs.
SEC. 186. ADMINISTRATIVE ADJUDICATION.
(a) In General.--Whenever any applicant for financial assistance
under this title is dissatisfied because the Secretary has made a
determination not to award financial assistance in whole or in part to
such applicant, the applicant may request a hearing before an
administrative law judge of the Department of Labor. A similar hearing
may also be requested by any recipient for whom a corrective action has
been required or a sanction has been imposed by the Secretary under
section 184.
(b) Appeal.--The decision of the administrative law judge shall
constitute final action by the Secretary unless, within 20 days after
receipt of the decision of the administrative law judge, a party
dissatisfied with the decision or any part of the decision has filed
exceptions with the Secretary specifically identifying the procedure,
fact, law, or policy to which exception is taken. Any exception not
specifically urged during the 20-day period shall be deemed to have
been waived. After the 20-day period the decision of the administrative
law judge shall become the final decision of the Secretary unless the
Secretary, within 30 days after such filing, notifies the parties that
the case involved has been accepted for review.
(c) Time Limit.--Any case accepted for review by the Secretary
under subsection (b) shall be decided within 180 days after such
acceptance. If the case is not decided within the 180-day period, the
decision of the administrative law judge shall become the final
decision of the Secretary at the end of the 180-day period.
(d) Additional Requirement.--The provisions of section 187 shall
apply to any final action of the Secretary under this section.
SEC. 187. JUDICIAL REVIEW.
(a) Review.--
(1) Petition.--With respect to any final order by the
Secretary under section 186 by which the Secretary awards,
declines to award, or only conditionally awards, financial
assistance under this title, or any final order of the
Secretary under section 186 with respect to a corrective action
or sanction imposed under section 184, any party to a
proceeding that resulted in such final order may obtain review
of such final order in the United States Court of Appeals
having jurisdiction over the applicant for or recipient of the
funds involved, by filing a review petition within 30 days
after the date of issuance of such final order.
(2) Action on petition.--The clerk of the court shall
transmit a copy of the review petition to the Secretary, who
shall file the record on which the final order was entered as
provided in section 2112 of title 28, United States Code. The
filing of a review petition shall not stay the order of the
Secretary, unless the court orders a stay. Petitions filed
under this subsection shall be heard expeditiously, if possible
within 10 days after the date of filing of a reply to the
petition.
(3) Standard and scope of review.--No objection to the
order of the Secretary shall be considered by the court unless
the objection was specifically urged, in a timely manner,
before the Secretary. The review shall be limited to questions
of law and the findings of fact of the Secretary shall be
conclusive if supported by substantial evidence.
(b) Judgment.--The court shall have jurisdiction to make and enter
a decree affirming, modifying, or setting aside the order of the
Secretary in whole or in part. The judgment of the court regarding the
order shall be final, subject to certiorari review by the Supreme Court
as provided in section 1254(1) of title 28, United States Code.
SEC. 188. NONDISCRIMINATION.
(a) In General.--
(1) Federal financial assistance.--For the purpose of
applying the prohibitions against discrimination on the basis
of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101
et seq.), on the basis of disability under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis of sex
under title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), or on the basis of race, color, or national
origin under title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), programs and activities funded or
otherwise financially assisted in whole or in part under this
Act are considered to be programs and activities receiving
Federal financial assistance.
(2) Prohibition of discrimination regarding participation,
benefits, and employment.--No individual shall be excluded from
participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the
administration of or in connection with, any such program or
activity because of race, color, religion, sex (except as
otherwise permitted under title IX of the Education Amendments
of 1972), national origin, age, disability, or political
affiliation or belief.
(3) Prohibition on assistance for facilities for sectarian
instruction or religious worship.--Participants shall not be
employed under this title to carry out the construction,
operation, or maintenance of any part of any facility that is
used or to be used for sectarian instruction or as a place for
religious worship (except with respect to the maintenance of a
facility that is not primarily or inherently devoted to
sectarian instruction or religious worship, in a case in which
the organization operating the facility is part of a program or
activity providing services to participants).
(4) Prohibition on discrimination on basis of participant
status.--No person may discriminate against an individual who
is a participant in a program or activity that receives funds
under this title, with respect to the terms and conditions
affecting, or rights provided to, the individual, solely
because of the status of the individual as a participant.
(5) Prohibition on discrimination against certain
noncitizens.--Participation in programs and activities or
receiving funds under this title shall be available to citizens
and nationals of the United States, lawfully admitted permanent
resident aliens, refugees, asylees, and parolees, and other
immigrants authorized by the Attorney General to work in the
United States.
(b) Action of Secretary.--Whenever the Secretary finds that a State
or other recipient of funds under this title has failed to comply with
a provision of law referred to in subsection (a)(1), or with paragraph
(2), (3), (4), or (5) of subsection (a), including an applicable
regulation prescribed to carry out such provision or paragraph, the
Secretary shall notify such State or recipient and shall request that
the State or recipient comply. If within a reasonable period of time,
not to exceed 60 days, the State or recipient fails or refuses to
comply, the Secretary may--
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted;
or
(2) take such other action as may be provided by law.
(c) Action of Attorney General.--When a matter is referred to the
Attorney General pursuant to subsection (b)(1), or whenever the
Attorney General has reason to believe that a State or other recipient
of funds under this title is engaged in a pattern or practice of
discrimination in violation of a provision of law referred to in
subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of
subsection (a), the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
(d) Job Corps.--For the purposes of this section, Job Corps members
shall be considered to be the ultimate beneficiaries of Federal
financial assistance.
(e) Regulations.--The Secretary shall issue regulations necessary
to implement this section not later than 1 year after the date of
enactment of the Workforce Innovation and Opportunity Act. Such
regulations shall adopt standards for determining discrimination and
procedures for enforcement that are consistent with the Acts referred
to in subsection (a)(1), as well as procedures to ensure that
complaints filed under this section and such Acts are processed in a
manner that avoids duplication of effort.
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPONSIBILITIES.
(a) In General.--In accordance with chapter 5 of title 5, United
States Code, the Secretary may prescribe rules and regulations to carry
out this title, only to the extent necessary to administer and ensure
compliance with the requirements of this title. Such rules and
regulations may include provisions making adjustments authorized by
section 6504 of title 31, United States Code. All such rules and
regulations shall be published in the Federal Register at least 30 days
prior to their effective dates. Copies of each such rule or regulation
shall be transmitted to the appropriate committees of Congress on the
date of such publication and shall contain, with respect to each
material provision of such rule or regulation, a citation to the
particular substantive section of law that is the basis for the
provision.
(b) Acquisition of Certain Property and Services.--The Secretary is
authorized, in carrying out this title, to accept, purchase, or lease
in the name of the Department of Labor, and employ or dispose of in
furtherance of the purposes of this title, any money or property, real,
personal, or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise, and to accept voluntary and uncompensated
services notwithstanding the provisions of section 1342 of title 31,
United States Code.
(c) Authority To Enter Into Certain Agreements and To Make Certain
Expenditures.--The Secretary may make such grants, enter into such
contracts or agreements, establish such procedures, and make such
payments, in installments and in advance or by way of reimbursement, or
otherwise allocate or expend such funds under this title, as may be
necessary to carry out this title, including making expenditures for
construction, repairs, and capital improvements, and including making
necessary adjustments in payments on account of over-payments or
underpayments.
(d) Annual Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate an annual report regarding the programs and
activities funded under this title. The Secretary shall include in such
report--
(1) a summary of the achievements, failures, and challenges
of the programs and activities in meeting the objectives of
this title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in
the fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
(e) Utilization of Services and Facilities.--The Secretary is
authorized, in carrying out this title, under the same procedures as
are applicable under subsection (c) or to the extent permitted by law
other than this title, to accept and use the services and facilities of
departments, agencies, and establishments of the United States. The
Secretary is also authorized, in carrying out this title, to accept and
use the services and facilities of the agencies of any State or
political subdivision of a State, with the consent of the State or
political subdivision.
(f) Obligational Authority.--Notwithstanding any other provision of
this title, the Secretary shall have no authority to enter into
contracts, grant agreements, or other financial assistance agreements
under this title, except to such extent and in such amounts as are
provided in advance in appropriations Acts.
(g) Program Year.--
(1) In general.--
(A) Program year.--Except as provided in
subparagraph (B), appropriations for any fiscal year
for programs and activities funded under this title
shall be available for obligation only on the basis of
a program year. The program year shall begin on July 1
in the fiscal year for which the appropriation is made.
(B) Youth workforce investment activities.--The
Secretary may make available for obligation, beginning
April 1 of any fiscal year, funds appropriated for such
fiscal year to carry out youth workforce investment
activities under subtitle B and activities under
section 171.
(2) Availability.--
(A) In general.--Funds obligated for any program
year for a program or activity funded under subtitle B
may be expended by each State receiving such funds
during that program year and the 2 succeeding program
years. Funds received by local areas from States under
subtitle B during a program year may be expended during
that program year and the succeeding program year.
(B) Certain national activities.--
(i) In general.--Funds obligated for any
program year for any program or activity
carried out under section 169 shall remain
available until expended.
(ii) Incremental funding basis.--A contract
or arrangement entered into under the authority
of subsection (a) or (b) of section 169
(relating to evaluations, research projects,
studies and reports, and multistate projects),
including a long-term, nonseverable services
contract, may be funded on an incremental basis
with annual appropriations or other available
funds.
(C) Special rule.--No amount of the funds obligated
for a program year for a program or activity funded
under this title shall be deobligated on account of a
rate of expenditure that is consistent with a State
plan, an operating plan described in section 151, or a
plan, grant agreement, contract, application, or other
agreement described in subtitle D, as appropriate.
(D) Funds for pay-for-performance contract
strategies.--Funds used to carry out pay-for-
performance contract strategies by local areas shall
remain available until expended.
(h) Enforcement of Military Selective Service Act.--The Secretary
shall ensure that each individual participating in any program or
activity established under this title, or receiving any assistance or
benefit under this title, has not violated section 3 of the Military
Selective Service Act (50 U.S.C. App. 453) by not presenting and
submitting to registration as required pursuant to such section. The
Director of the Selective Service System shall cooperate with the
Secretary to enable the Secretary to carry out this subsection.
(i) Waivers.--
(1) Special rule regarding designated areas.--A State that
has enacted, not later than December 31, 1997, a State law
providing for the designation of service delivery areas for the
delivery of workforce investment activities, may use such areas
as local areas under this title, notwithstanding section 106.
(2) Special rule regarding sanctions.--A State that has
enacted, not later than December 31, 1997, a State law
providing for the sanctioning of such service delivery areas
for failure to meet performance accountability measures for
workforce investment activities, may use the State law to
sanction local areas for failure to meet State performance
accountability measures under this title.
(3) General waivers of statutory or regulatory
requirements.--
(A) General authority.--Notwithstanding any other
provision of law, the Secretary may waive for a State,
or a local area in a State, pursuant to a request
submitted by the Governor of the State (in consultation
with appropriate local elected officials) with a plan
that meets the requirements of subparagraph (B)--
(i) any of the statutory or regulatory
requirements of subtitle A, subtitle B, or this
subtitle (except for requirements relating to
wage and labor standards, including
nondisplacement protections, worker rights,
participation and protection of workers and
participants, grievance procedures and judicial
review, nondiscrimination, allocation of funds
to local areas, eligibility of providers or
participants, the establishment and functions
of local areas and local boards, the funding of
infrastructure costs for one-stop centers, and
procedures for review and approval of plans,
and other requirements relating to the basic
purposes of this title); and
(ii) any of the statutory or regulatory
requirements of sections 8 through 10 of the
Wagner-Peyser Act (29 U.S.C. 49g through 49i)
(excluding requirements relating to the
provision of services to unemployment insurance
claimants and veterans, and requirements
relating to universal access to basic labor
exchange services without cost to jobseekers).
(B) Requests.--A Governor requesting a waiver under
subparagraph (A) shall submit a plan to the Secretary
to improve the statewide workforce development system
that--
(i) identifies the statutory or regulatory
requirements that are requested to be waived
and the goals that the State or local area in
the State, as appropriate, intends to achieve
as a result of the waiver;
(ii) describes the actions that the State
or local area, as appropriate, has undertaken
to remove State or local statutory or
regulatory barriers;
(iii) describes the goals of the waiver and
the expected programmatic outcomes if the
request is granted;
(iv) describes the individuals impacted by
the waiver; and
(v) describes the process used to monitor
the progress in implementing such a waiver, and
the process by which notice and, in the case of
a waiver for a local area, an opportunity to
comment on such request has been provided to
the local board for the local area for which
the waiver is requested.
(C) Conditions.--Not later than 90 days after the
date of the original submission of a request for a
waiver under subparagraph (A), the Secretary shall
provide a waiver under this subsection if and only to
the extent that--
(i) the Secretary determines that the
requirements requested to be waived impede the
ability of the State or local area, as
appropriate, to implement the plan described in
subparagraph (B); and
(ii) the State has executed a memorandum of
understanding with the Secretary requiring such
State to meet, or ensure that the local area
for which the waiver is requested meets,
agreed-upon outcomes and to implement other
appropriate measures to ensure accountability.
(D) Expedited determination regarding provision of
waivers.--If the Secretary has approved a waiver of
statutory or regulatory requirements for a State or
local area pursuant to this subsection, the Secretary
shall expedite the determination regarding the
provision of that waiver, for another State or local
area if such waiver is in accordance with the approved
State or local plan, as appropriate.
SEC. 190. WORKFORCE FLEXIBILITY PLANS.
(a) Plans.--A State may submit to the Secretary, and the Secretary
may approve, a workforce flexibility plan under which the State is
authorized to waive, in accordance with the plan--
(1) any of the statutory or regulatory requirements
applicable under this title to local areas, pursuant to
applications for such waivers from the local areas, except for
requirements relating to the basic purposes of this title, wage
and labor standards, grievance procedures and judicial review,
nondiscrimination, eligibility of participants, allocation of
funds to local areas, establishment and functions of local
areas and local boards, procedures for review and approval of
local plans, and worker rights, participation, and protection;
(2) any of the statutory or regulatory requirements
applicable under sections 8 through 10 of the Wagner-Peyser Act
(29 U.S.C. 49g through 49i) to the State (excluding
requirements relating to the provision of services to
unemployment insurance claimants and veterans, and requirements
relating to universal access to basic labor exchange services
without cost to jobseekers); and
(3) any of the statutory or regulatory requirements
applicable under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.) to State agencies on aging with respect to
activities carried out using funds allotted under section
506(b) of such Act (42 U.S.C. 3056d(b)), except for
requirements relating to the basic purposes of such Act, wage
and labor standards, eligibility of participants in the
activities, and standards for grant agreements.
(b) Content of Plans.--A workforce flexibility plan implemented by
a State under subsection (a) shall include descriptions of--
(1)(A) the process by which local areas in the State may
submit and obtain approval by the State of applications for
waivers of requirements applicable under this title; and
(B) the requirements described in subparagraph (A) that are
likely to be waived by the State under the plan;
(2) the requirements applicable under sections 8 through 10
of the Wagner-Peyser Act that are proposed to be waived, if
any;
(3) the requirements applicable under the Older Americans
Act of 1965 that are proposed to be waived, if any;
(4) the outcomes to be achieved by the waivers described in
paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the
waivers.
(c) Periods.--The Secretary may approve a workforce flexibility
plan for a period of not more than 5 years.
(d) Opportunity for Public Comments.--Prior to submitting a
workforce flexibility plan to the Secretary for approval, the State
shall provide to all interested parties and to the general public
adequate notice of and a reasonable opportunity for comment on the
waiver requests proposed to be implemented pursuant to such plan.
SEC. 191. STATE LEGISLATIVE AUTHORITY.
(a) Authority of State Legislature.--Nothing in this title shall be
interpreted to preclude the enactment of State legislation providing
for the implementation, consistent with the provisions of this title,
of the activities assisted under this title. Any funds received by a
State under this title shall be subject to appropriation by the State
legislature, consistent with the terms and conditions required under
this title.
(b) Interstate Compacts and Cooperative Agreements.--In the event
that compliance with provisions of this title would be enhanced by
compacts and cooperative agreements between States, the consent of
Congress is given to States to enter into such compacts and agreements
to facilitate such compliance, subject to the approval of the
Secretary.
SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT SECURITY
AGENCY REAL PROPERTY TO THE STATES.
(a) Transfer of Federal Equity.--Notwithstanding any other
provision of law, any Federal equity acquired in real property through
grants to States awarded under title III of the Social Security Act (42
U.S.C. 501 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.) is transferred to the States that used the grants for the
acquisition of such equity. The portion of any real property that is
attributable to the Federal equity transferred under this section shall
be used to carry out activities authorized under this Act, title III of
the Social Security Act, or the Wagner-Peyser Act. Any disposition of
such real property shall be carried out in accordance with the
procedures prescribed by the Secretary and the portion of the proceeds
from the disposition of such real property that is attributable to the
Federal equity transferred under this section shall be used to carry
out activities authorized under this Act, title III of the Social
Security Act, or the Wagner-Peyser Act.
(b) Limitation on Use.--A State shall not use funds awarded under
this Act, title III of the Social Security Act, or the Wagner-Peyser
Act to amortize the costs of real property that is purchased by any
State on or after the date of enactment of the Revised Continuing
Appropriations Resolution, 2007.
SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLICIES.
(a) In General.--Notwithstanding any other provision of this title,
the Secretary may not deny approval of a State plan for a covered
State, or an application of a covered State for financial assistance,
under this title, or find a covered State (including a State board or
Governor), or a local area (including a local board or chief elected
official) in a covered State, in violation of a provision of this
title, on the basis that--
(1)(A) the State proposes to allocate or disburse,
allocates, or disburses, within the State, funds made available
to the State under section 127 or 132 in accordance with the
allocation formula for the type of activities involved, or in
accordance with a disbursal procedure or process, used by the
State under prior consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to the
State under section 127 or 132 in accordance with a disbursal
procedure or process used by a private industry council under
prior consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for
funds made available to the State under section 127 or 132 and
allocated within the State, fiscal agents selected in
accordance with a process established under prior consistent
State laws;
(3) the State proposes to carry out or carries out a State
procedure through which the local boards in the State (or the
local boards, the chief elected officials in the State, and the
Governor) designate or select the one-stop partners and one-
stop operators of the statewide system in the State under prior
consistent State laws, in lieu of making the designation or
certification described in section 121 (regardless of the date
the one-stop delivery systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted to
determine that a provider shall not be selected to provide both
intake services under section 134(c)(2) and training services
under section 134(c)(3), under prior consistent State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles of
the State board (including determining the time periods for
development and submission of a State plan required under
section 102 or 103), for purposes of subtitle A in accordance
with prior consistent State laws; or
(6) a local board in the State proposes to use or carry
out, uses, or carries out a local plan (including assigning
functions and roles of the local board) for purposes of
subtitle A in accordance with the authorities and requirements
applicable to local plans and private industry councils under
prior consistent State laws.
(b) Definition.--In this section:
(1) Covered state.--The term ``covered State'' means a
State that enacted State laws described in paragraph (2).
(2) Prior consistent state laws.--The term ``prior
consistent State laws'' means State laws, not inconsistent with
the Job Training Partnership Act or any other applicable
Federal law, that took effect on September 1, 1993, September
1, 1995, and September 1, 1997.
SEC. 194. GENERAL PROGRAM REQUIREMENTS.
Except as otherwise provided in this title, the following
conditions apply to all programs under this title:
(1) Each program under this title shall provide employment
and training opportunities to those who can benefit from, and
who are most in need of, such opportunities. In addition, the
recipients of Federal funding for programs under this title
shall make efforts to develop programs that contribute to
occupational development, upward mobility, development of new
careers, and opportunities for nontraditional employment.
(2) Funds provided under this title shall only be used for
activities that are in addition to activities that would
otherwise be available in the local area in the absence of such
funds.
(3)(A) Any local area may enter into an agreement with
another local area (including a local area that is a city or
county within the same labor market) to pay or share the cost
of educating, training, or placing individuals participating in
programs assisted under this title, including the provision of
supportive services.
(B) Such agreement shall be approved by each local board
for a local area entering into the agreement and shall be
described in the local plan under section 108.
(4) On-the-job training contracts under this title, shall
not be entered into with employers who have received payments
under previous contracts under this Act or the Workforce
Investment Act of 1998 and have exhibited a pattern of failing
to provide on-the-job training participants with continued
long-term employment as regular employees with wages and
employment benefits (including health benefits) and working
conditions at the same level and to the same extent as other
employees working a similar length of time and doing the same
type of work.
(5) No person or organization may charge an individual a
fee for the placement or referral of the individual in or to a
workforce investment activity under this title.
(6) The Secretary shall not provide financial assistance
for any program under this title that involves political
activities.
(7)(A) Income under any program administered by a public or
private nonprofit entity may be retained by such entity only if
such income is used to continue to carry out the program.
(B) Income subject to the requirements of subparagraph (A)
shall include--
(i) receipts from goods or services (including
conferences) provided as a result of activities funded
under this title;
(ii) funds provided to a service provider under
this title that are in excess of the costs associated
with the services provided; and
(iii) interest income earned on funds received
under this title.
(C) For purposes of this paragraph, each entity receiving
financial assistance under this title shall maintain records
sufficient to determine the amount of such income received and
the purposes for which such income is expended.
(8)(A) The Secretary shall notify the Governor and the
appropriate local board and chief elected official of, and
consult with the Governor and such board and official
concerning, any activity to be funded by the Secretary under
this title within the corresponding State or local area.
(B) The Governor shall notify the appropriate local board
and chief elected official of, and consult with such board and
official concerning, any activity to be funded by the Governor
under this title within the corresponding local area.
(9)(A) All education programs for youth supported with
funds provided under chapter 2 of subtitle B shall be
consistent with applicable State and local educational
standards.
(B) Standards and procedures with respect to awarding
academic credit and certifying educational attainment in
programs conducted under such chapter shall be consistent with
the requirements of applicable State and local law, including
regulation.
(10) No funds available under this title may be used for
public service employment except as specifically authorized
under this title.
(11) The Federal requirements governing the title, use, and
disposition of real property, equipment, and supplies purchased
with funds provided under this title shall be the corresponding
Federal requirements generally applicable to such items
purchased through Federal grants to States and local
governments.
(12) Nothing in this title shall be construed to provide an
individual with an entitlement to a service under this title.
(13) Services, facilities, or equipment funded under this
title may be used, as appropriate, on a fee-for-service basis,
by employers in a local area in order to provide employment and
training activities to incumbent workers--
(A) when such services, facilities, or equipment
are not in use for the provision of services for
eligible participants under this title;
(B) if such use for incumbent workers would not
have an adverse effect on the provision of services to
eligible participants under this title; and
(C) if the income derived from such fees is used to
carry out the programs authorized under this title.
(14) Funds provided under this title shall not be used to
establish or operate a stand-alone fee-for-service enterprise
in a situation in which a private sector employment agency (as
defined in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e)) is providing full access to similar or related
services in such a manner as to fully meet the identified need.
For purposes of this paragraph, such an enterprise does not
include a one-stop delivery system described in section 121(e).
(15)(A) None of the funds available under this title shall
be used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of the annual rate of basic
pay prescribed for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(B) The limitation described in subparagraph (A) shall not
apply to vendors providing goods and services as defined in
Office of Management and Budget Circular A-133. In a case in
which a State is a recipient of such funds, the State may
establish a lower limit than is provided in subparagraph (A)
for salaries and bonuses of those receiving salaries and
bonuses from a subrecipient of such funds, taking into account
factors including the relative cost of living in the State, the
compensation levels for comparable State or local government
employees, and the size of the organizations that administer
the Federal programs involved.
SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Publicity Restrictions.--
(1) In general.--No funds provided under this Act shall be
used for--
(A) publicity or propaganda purposes; or
(B) the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat--
(i) the enactment of legislation before
Congress or any State or local legislature or
legislative body; or
(ii) any proposed or pending regulation,
administrative action, or order issued by the
executive branch of any State or local
government.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships;
(B) the preparation, distribution, or use of the
materials described in paragraph (1)(B) in presentation
to Congress or any State or local legislature or
legislative body; or
(C) such preparation, distribution, or use of such
materials in presentation to the executive branch of
any State or local government.
(b) Salary Restrictions.--
(1) In general.--No funds provided under this Act shall be
used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any
activity designed to influence the enactment or issuance of
legislation, appropriations, regulations, administrative
action, or an Executive order proposed or pending before
Congress or any State government, or a State or local
legislature or legislative body.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships; or
(B) participation by an agency or officer of a
State, local, or tribal government in policymaking and
administrative processes within the executive branch of
that government.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Adult Education and Family
Literacy Act''.
SEC. 202. PURPOSE.
It is the purpose of this title to create a partnership among the
Federal Government, States, and localities to provide, on a voluntary
basis, adult education and literacy activities, in order to--
(1) assist adults to become literate and obtain the
knowledge and skills necessary for employment and economic
self-sufficiency;
(2) assist adults who are parents or family members to
obtain the education and skills that--
(A) are necessary to becoming full partners in the
educational development of their children; and
(B) lead to sustainable improvements in the
economic opportunities for their family;
(3) assist adults in attaining a secondary school diploma
and in the transition to postsecondary education and training,
including through career pathways; and
(4) assist immigrants and other individuals who are English
language learners in--
(A) improving their--
(i) reading, writing, speaking, and
comprehension skills in English; and
(ii) mathematics skills; and
(B) acquiring an understanding of the American
system of Government, individual freedom, and the
responsibilities of citizenship.
SEC. 203. DEFINITIONS.
In this title:
(1) Adult education.--The term ``adult education'' means
academic instruction and education services below the
postsecondary level that increase an individual's ability to--
(A) read, write, and speak in English and perform
mathematics or other activities necessary for the
attainment of a secondary school diploma or its
recognized equivalent;
(B) transition to postsecondary education and
training; and
(C) obtain employment.
(2) Adult education and literacy activities.--The term
``adult education and literacy activities'' means programs,
activities, and services that include adult education,
literacy, workplace adult education and literacy activities,
family literacy activities, English language acquisition
activities, integrated English literacy and civics education,
workforce preparation activities, or integrated education and
training.
(3) Eligible agency.--The term ``eligible agency'' means
the sole entity or agency in a State or an outlying area
responsible for administering or supervising policy for adult
education and literacy activities in the State or outlying
area, respectively, consistent with the law of the State or
outlying area, respectively.
(4) Eligible individual.--The term ``eligible individual''
means an individual--
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be enrolled
in secondary school under State law; and
(C) who--
(i) is basic skills deficient;
(ii) does not have a secondary school
diploma or its recognized equivalent, and has
not achieved an equivalent level of education;
or
(iii) is an English language learner.
(5) Eligible provider.--The term ``eligible provider''
means an organization that has demonstrated effectiveness in
providing adult education and literacy activities that may
include --
(A) a local educational agency;
(B) a community-based organization or faith-based
organization;
(C) a volunteer literacy organization;
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described
in any of subparagraphs (A) through (G) and has the
ability to provide adult education and literacy
activities to eligible individuals;
(I) a consortium or coalition of the agencies,
organizations, institutions, libraries, or authorities
described in any of subparagraphs (A) through (H); and
(J) a partnership between an employer and an entity
described in any of subparagraphs (A) through (I).
(6) English language acquisition program.--The term
``English language acquisition program'' means a program of
instruction--
(A) designed to help eligible individuals who are
English language learners achieve competence in
reading, writing, speaking, and comprehension of the
English language; and
(B) that leads to--
(i)(I) attainment of a secondary school
diploma or its recognized equivalent; and
(II) transition to postsecondary education
and training; or
(ii) employment.
(7) English language learner.--The term ``English language
learner'' when used with respect to an eligible individual,
means an eligible individual who has limited ability in
reading, writing, speaking, or comprehending the English
language, and--
(A) whose native language is a language other than
English; or
(B) who lives in a family or community environment
where a language other than English is the dominant
language.
(8) Essential components of reading instruction.--The term
``essential components of reading instruction'' has the meaning
given the term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
(9) Family literacy activities.--The term ``family literacy
activities'' means activities that are of sufficient intensity
and quality, to make sustainable improvements in the economic
prospects for a family and that better enable parents or family
members to support their children's learning needs, and that
integrate all of the following activities:
(A) Parent or family adult education and literacy
activities that lead to readiness for postsecondary
education or training, career advancement, and economic
self-sufficiency.
(B) Interactive literacy activities between parents
or family members and their children.
(C) Training for parents or family members
regarding how to be the primary teacher for their
children and full partners in the education of their
children.
(D) An age-appropriate education to prepare
children for success in school and life experiences.
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(11) Integrated education and training.--The term
``integrated education and training'' means a service approach
that provides adult education and literacy activities
concurrently and contextually with workforce preparation
activities and workforce training for a specific occupation or
occupational cluster for the purpose of educational and career
advancement.
(12) Integrated english literacy and civics education.--The
term ``integrated English literacy and civics education'' means
education services provided to English language learners who
are adults, including professionals with degrees and
credentials in their native countries, that enables such adults
to achieve competency in the English language and acquire the
basic and more advanced skills needed to function effectively
as parents, workers, and citizens in the United States. Such
services shall include instruction in literacy and English
language acquisition and instruction on the rights and
responsibilities of citizenship and civic participation, and
may include workforce training.
(13) Literacy.--The term ``literacy'' means an individual's
ability to read, write, and speak in English, compute, and
solve problems, at levels of proficiency necessary to function
on the job, in the family of the individual, and in society.
(14) Postsecondary educational institution.--The term
``postsecondary educational institution'' means--
(A) an institution of higher education that
provides not less than a 2-year program of instruction
that is acceptable for credit toward a bachelor's
degree;
(B) a tribally controlled college or university; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the
postsecondary level.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(16) Workplace adult education and literacy activities.--
The term ``workplace adult education and literacy activities''
means adult education and literacy activities offered by an
eligible provider in collaboration with an employer or employee
organization at a workplace or an off-site location that is
designed to improve the productivity of the workforce.
(17) Workforce preparation activities.--The term
``workforce preparation activities'' means activities,
programs, or services designed to help an individual acquire a
combination of basic academic skills, critical thinking skills,
digital literacy skills, and self-management skills, including
competencies in utilizing resources, using information, working
with others, understanding systems, and obtaining skills
necessary for successful transition into and completion of
postsecondary education or training, or employment.
SEC. 204. HOME SCHOOLS.
Nothing in this title shall be construed to affect home schools,
whether a home school is treated as a home school or a private school
under State law, or to compel a parent or family member engaged in home
schooling to participate in adult education and literacy activities.
SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY TRANSITION AND
CONCURRENT ENROLLMENT ACTIVITIES.
Nothing in this title shall be construed to prohibit or discourage
the use of funds provided under this title for adult education and
literacy activities that help eligible individuals transition to
postsecondary education and training or employment, or for concurrent
enrollment activities.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016,
$635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018,
$664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year
2020.
Subtitle A--Federal Provisions
SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES;
ALLOTMENTS.
(a) Reservation of Funds.--From the sum appropriated under section
206 for a fiscal year, the Secretary--
(1) shall reserve 2 percent to carry out section 242,
except that the amount so reserved shall not exceed
$15,000,000; and
(2) shall reserve 12 percent of the amount that remains
after reserving funds under paragraph (1) to carry out section
243.
(b) Grants to Eligible Agencies.--
(1) In general.--From the sum appropriated under section
206 and not reserved under subsection (a) for a fiscal year,
the Secretary shall award a grant to each eligible agency
having a unified State plan approved under section 102 or a
combined State plan approved under section 103 in an amount
equal to the sum of the initial allotment under subsection
(c)(1) and the additional allotment under subsection (c)(2) for
the eligible agency for the fiscal year, subject to subsections
(f) and (g), to enable the eligible agency to carry out the
activities assisted under this title.
(2) Purpose of grants.--The Secretary may award a grant
under paragraph (1) only if the eligible entity involved agrees
to expend the grant for adult education and literacy activities
in accordance with the provisions of this title.
(c) Allotments.--
(1) Initial allotments.--From the sum appropriated under
section 206 and not reserved under subsection (a) for a fiscal
year, the Secretary shall allot to each eligible agency having
a unified State plan approved under section 102 or a combined
State plan approved under section 103--
(A) $100,000, in the case of an eligible agency
serving an outlying area; and
(B) $250,000, in the case of any other eligible
agency.
(2) Additional allotments.--From the sum appropriated under
section 206, not reserved under subsection (a), and not
allotted under paragraph (1), for a fiscal year, the Secretary
shall allot to each eligible agency that receives an initial
allotment under paragraph (1) an additional amount that bears
the same relationship to such sum as the number of qualifying
adults in the State or outlying area served by the eligible
agency bears to the number of such adults in all States and
outlying areas.
(d) Qualifying Adult.--For the purpose of subsection (c)(2), the
term ``qualifying adult'' means an adult who--
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance under
the law of the State or outlying area;
(3) does not have a secondary school diploma or its
recognized equivalent; and
(4) is not enrolled in secondary school.
(e) Special Rule.--
(1) In general.--From amounts made available under
subsection (c) for the Republic of Palau, the Secretary shall
award grants to Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or the Republic of Palau to carry out
activities described in this title in accordance with the
provisions of this title, as determined by the Secretary.
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to the
recommendations from the Pacific Region Educational Laboratory
in Honolulu, Hawaii.
(3) Termination of eligibility.--Notwithstanding any other
provision of law, the Republic of Palau shall be eligible to
receive a grant under this title except during the period
described in section 3(45).
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
(f) Hold-harmless Provisions.--
(1) In general.--Notwithstanding subsection (c), for fiscal
year 2015 and each succeeding fiscal year, no eligible agency
shall receive an allotment under this section that is less than
90 percent of the allotment the eligible agency received for
the preceding fiscal year under this section.
(2) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to
satisfy the provisions of paragraph (1) the Secretary shall
ratably reduce the payments to all eligible agencies, as
necessary.
(g) Reallotment.--The portion of any eligible agency's allotment
under this title for a fiscal year that the Secretary determines will
not be required for the period such allotment is available for carrying
out activities under this title, shall be available for reallotment
from time to time, on such dates during such period as the Secretary
shall fix, to other eligible agencies in proportion to the original
allotments to such agencies under this title for such year.
SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
Programs and activities authorized in this title are subject to the
performance accountability provisions described in section 116.
Subtitle B--State Provisions
SEC. 221. STATE ADMINISTRATION.
Each eligible agency shall be responsible for the State or outlying
area administration of activities under this title, including--
(1) the development, implementation, and monitoring of the
relevant components of the unified State plan in section 102 or
the combined State plan in section 103;
(2) consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of activities assisted under
this title; and
(3) coordination and nonduplication with other Federal and
State education, training, corrections, public housing, and
social service programs.
SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
(a) State Distribution of Funds.--Each eligible agency receiving a
grant under section 211(b) for a fiscal year--
(1) shall use not less than 82.5 percent of the grant funds
to award grants and contracts under section 231 and to carry
out section 225, of which not more than 20 percent of such
amount shall be available to carry out section 225;
(2) shall use not more than 12.5 percent of the grant funds
to carry out State leadership activities under section 223; and
(3) shall use not more than 5 percent of the grant funds,
or $85,000, whichever is greater, for the administrative
expenses of the eligible agency.
(b) Matching Requirement.--
(1) In general.--In order to receive a grant from the
Secretary under section 211(b) each eligible agency shall
provide, for the costs to be incurred by the eligible agency in
carrying out the adult education and literacy activities for
which the grant is awarded, a non-Federal contribution in an
amount that is not less than--
(A) in the case of an eligible agency serving an
outlying area, 12 percent of the total amount of funds
expended for adult education and literacy activities in
the outlying area, except that the Secretary may
decrease the amount of funds required under this
subparagraph for an eligible agency; and
(B) in the case of an eligible agency serving a
State, 25 percent of the total amount of funds expended
for adult education and literacy activities in the
State.
(2) Non-federal contribution.--An eligible agency's non-
Federal contribution required under paragraph (1) may be
provided in cash or in kind, fairly evaluated, and shall
include only non-Federal funds that are used for adult
education and literacy activities in a manner that is
consistent with the purpose of this title.
SEC. 223. STATE LEADERSHIP ACTIVITIES.
(a) Activities.--
(1) Required.--Each eligible agency shall use funds made
available under section 222(a)(2) for the following adult
education and literacy activities to develop or enhance the
adult education system of the State or outlying area:
(A) The alignment of adult education and literacy
activities with other core programs and one-stop
partners, including eligible providers, to implement
the strategy identified in the unified State plan under
section 102 or the combined State plan under section
103, including the development of career pathways to
provide access to employment and training services for
individuals in adult education and literacy activities.
(B) The establishment or operation of high quality
professional development programs to improve the
instruction provided pursuant to local activities
required under section 231(b), including instruction
incorporating the essential components of reading
instruction as such components relate to adults,
instruction related to the specific needs of adult
learners, instruction provided by volunteers or by
personnel of a State or outlying area, and
dissemination of information about models and promising
practices related to such programs.
(C) The provision of technical assistance to
eligible providers of adult education and literacy
activities receiving funds under this title,
including--
(i) the development and dissemination of
instructional and programmatic practices based
on the most rigorous or scientifically valid
research available and appropriate, in reading,
writing, speaking, mathematics, English
language acquisition programs, distance
education, and staff training;
(ii) the role of eligible providers as a
one-stop partner to provide access to
employment, education, and training services;
and
(iii) assistance in the use of technology,
including for staff training, to eligible
providers, especially the use of technology to
improve system efficiencies.
(D) The monitoring and evaluation of the quality
of, and the improvement in, adult education and
literacy activities and the dissemination of
information about models and proven or promising
practices within the State.
(2) Permissible activities.--Each eligible agency may use
funds made available under section 222(a)(2) for 1 or more of
the following adult education and literacy activities:
(A) The support of State or regional networks of
literacy resource centers.
(B) The development and implementation of
technology applications, translation technology, or
distance education, including professional development
to support the use of instructional technology.
(C) Developing and disseminating curricula,
including curricula incorporating the essential
components of reading instruction as such components
relate to adults.
(D) Developing content and models for integrated
education and training and career pathways.
(E) The provision of assistance to eligible
providers in developing and implementing programs that
achieve the objectives of this title and in measuring
the progress of those programs in achieving such
objectives, including meeting the State adjusted levels
of performance described in section 116(b)(3).
(F) The development and implementation of a system
to assist in the transition from adult education to
postsecondary education, including linkages with
postsecondary educational institutions or institutions
of higher education.
(G) Integration of literacy and English language
instruction with occupational skill training, including
promoting linkages with employers.
(H) Activities to promote workplace adult education
and literacy activities.
(I) Identifying curriculum frameworks and aligning
rigorous content standards that--
(i) specify what adult learners should know
and be able to do in the areas of reading and
language arts, mathematics, and English
language acquisition; and
(ii) take into consideration the following:
(I) State adopted academic
standards.
(II) The current adult skills and
literacy assessments used in the State
or outlying area.
(III) The primary indicators of
performance described in section 116.
(IV) Standards and academic
requirements for enrollment in
nonremedial, for-credit courses in
postsecondary educational institutions
or institutions of higher education
supported by the State or outlying
area.
(V) Where appropriate, the content
of occupational and industry skill
standards widely used by business and
industry in the State or outlying area.
(J) Developing and piloting of strategies for
improving teacher quality and retention.
(K) The development and implementation of programs
and services to meet the needs of adult learners with
learning disabilities or English language learners,
which may include new and promising assessment tools
and strategies that are based on scientifically valid
research, where appropriate, and identify the needs and
capture the gains of such students at the lowest
achievement levels.
(L) Outreach to instructors, students, and
employers.
(M) Other activities of statewide significance that
promote the purpose of this title.
(b) Collaboration.--In carrying out this section, eligible agencies
shall collaborate where possible, and avoid duplicating efforts, in
order to maximize the impact of the activities described in subsection
(a).
(c) State-imposed Requirements.--Whenever a State or outlying area
implements any rule or policy relating to the administration or
operation of a program authorized under this title that has the effect
of imposing a requirement that is not imposed under Federal law
(including any rule or policy based on a State or outlying area
interpretation of a Federal statute, regulation, or guideline), the
State or outlying area shall identify, to eligible providers, the rule
or policy as being imposed by the State or outlying area.
SEC. 224. STATE PLAN.
Each State desiring to receive funds under this title for any
fiscal year shall submit and have approved a unified State plan in
accordance with section 102 or a combined State plan in accordance with
section 103.
SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
(a) Program Authorized.--From funds made available under section
222(a)(1) for a fiscal year, each eligible agency shall carry out
corrections education and education for other institutionalized
individuals.
(b) Uses of Funds.--The funds described in subsection (a) shall be
used for the cost of educational programs for criminal offenders in
correctional institutions and for other institutionalized individuals,
including academic programs for--
(1) adult education and literacy activities;
(2) special education, as determined by the eligible
agency;
(3) secondary school credit;
(4) integrated education and training;
(5) career pathways;
(6) concurrent enrollment;
(7) peer tutoring; and
(8) transition to re-entry initiatives and other
postrelease services with the goal of reducing recidivism.
(c) Priority.--Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall give priority to
serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
(d) Report.--In addition to any report required under section 116,
each eligible agency that receives assistance provided under this
section shall annually prepare and submit to the Secretary a report on
the progress, as described in section 116, of the eligible agency with
respect to the programs and activities carried out under this section,
including the relative rate of recidivism for the criminal offenders
served.
(e) Definitions.--In this section:
(1) Correctional institution.--The term ``correctional
institution'' means any--
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based rehabilitation
center, or any other similar institution designed for
the confinement or rehabilitation of criminal
offenders.
(2) Criminal offender.--The term ``criminal offender''
means any individual who is charged with or convicted of any
criminal offense.
Subtitle C--Local Provisions
SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
(a) Grants and Contracts.--From grant funds made available under
section 222(a)(1), each eligible agency shall award multiyear grants or
contracts, on a competitive basis, to eligible providers within the
State or outlying area to enable the eligible providers to develop,
implement, and improve adult education and literacy activities within
the State.
(b) Required Local Activities.--The eligible agency shall require
that each eligible provider receiving a grant or contract under
subsection (a) use the grant or contract to establish or operate
programs that provide adult education and literacy activities,
including programs that provide such activities concurrently.
(c) Direct and Equitable Access; Same Process.--Each eligible
agency receiving funds under this title shall ensure that--
(1) all eligible providers have direct and equitable access
to apply and compete for grants or contracts under this
section; and
(2) the same grant or contract announcement process and
application process is used for all eligible providers in the
State or outlying area.
(d) Special Rule.--Each eligible agency awarding a grant or
contract under this section shall not use any funds made available
under this title for adult education and literacy activities for the
purpose of supporting or providing programs, services, or activities
for individuals who are not individuals described in subparagraphs (A)
and (B) of section 203(4), except that such agency may use such funds
for such purpose if such programs, services, or activities are related
to family literacy activities. In providing family literacy activities
under this title, an eligible provider shall attempt to coordinate with
programs and services that are not assisted under this title prior to
using funds for adult education and literacy activities under this
title for activities other than activities for eligible individuals.
(e) Considerations.--In awarding grants or contracts under this
section, the eligible agency shall consider--
(1) the degree to which the eligible provider would be
responsive to--
(A) regional needs as identified in the local plan
under section 108; and
(B) serving individuals in the community who were
identified in such plan as most in need of adult
education and literacy activities, including
individuals--
(i) who have low levels of literacy skills;
or
(ii) who are English language learners;
(2) the ability of the eligible provider to serve eligible
individuals with disabilities, including eligible individuals
with learning disabilities;
(3) past effectiveness of the eligible provider in
improving the literacy of eligible individuals, to meet State-
adjusted levels of performance for the primary indicators of
performance described in section 116, especially with respect
to eligible individuals who have low levels of literacy;
(4) the extent to which the eligible provider demonstrates
alignment between proposed activities and services and the
strategy and goals of the local plan under section 108, as well
as the activities and services of the one-stop partners;
(5) whether the eligible provider's program--
(A) is of sufficient intensity and quality, and
based on the most rigorous research available so that
participants achieve substantial learning gains; and
(B) uses instructional practices that include the
essential components of reading instruction;
(6) whether the eligible provider's activities, including
whether reading, writing, speaking, mathematics, and English
language acquisition instruction delivered by the eligible
provider, are based on the best practices derived from the most
rigorous research available and appropriate, including
scientifically valid research and effective educational
practice;
(7) whether the eligible provider's activities effectively
use technology, services, and delivery systems, including
distance education in a manner sufficient to increase the
amount and quality of learning and how such technology,
services, and systems lead to improved performance;
(8) whether the eligible provider's activities provide
learning in context, including through integrated education and
training, so that an individual acquires the skills needed to
transition to and complete postsecondary education and training
programs, obtain and advance in employment leading to economic
self-sufficiency, and to exercise the rights and
responsibilities of citizenship;
(9) whether the eligible provider's activities are
delivered by well-trained instructors, counselors, and
administrators who meet any minimum qualifications established
by the State, where applicable, and who have access to high
quality professional development, including through electronic
means;
(10) whether the eligible provider's activities coordinate
with other available education, training, and social service
resources in the community, such as by establishing strong
links with elementary schools and secondary schools,
postsecondary educational institutions, institutions of higher
education, local workforce investment boards, one-stop centers,
job training programs, and social service agencies, business,
industry, labor organizations, community-based organizations,
nonprofit organizations, and intermediaries, for the
development of career pathways;
(11) whether the eligible provider's activities offer
flexible schedules and coordination with Federal, State, and
local support services (such as child care, transportation,
mental health services, and career planning) that are necessary
to enable individuals, including individuals with disabilities
or other special needs, to attend and complete programs;
(12) whether the eligible provider maintains a high-quality
information management system that has the capacity to report
measurable participant outcomes (consistent with section 116)
and to monitor program performance; and
(13) whether the local areas in which the eligible provider
is located have a demonstrated need for additional English
language acquisition programs and civics education programs.
SEC. 232. LOCAL APPLICATION.
Each eligible provider desiring a grant or contract from an
eligible agency shall submit an application to the eligible agency
containing such information and assurances as the eligible agency may
require, including--
(1) a description of how funds awarded under this title
will be spent consistent with the requirements of this title;
(2) a description of any cooperative arrangements the
eligible provider has with other agencies, institutions, or
organizations for the delivery of adult education and literacy
activities;
(3) a description of how the eligible provider will provide
services in alignment with the local plan under section 108,
including how such provider will promote concurrent enrollment
in programs and activities under title I, as appropriate;
(4) a description of how the eligible provider will meet
the State adjusted levels of performance described in section
116(b)(3), including how such provider will collect data to
report on such performance indicators;
(5) a description of how the eligible provider will fulfill
one-stop partner responsibilities as described in section
121(b)(1)(A), as appropriate;
(6) a description of how the eligible provider will provide
services in a manner that meets the needs of eligible
individuals; and
(7) information that addresses the considerations described
under section 231(e), as applicable.
SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
(a) In General.--Subject to subsection (b), of the amount that is
made available under this title to an eligible provider--
(1) not less than 95 percent shall be expended for carrying
out adult education and literacy activities; and
(2) the remaining amount, not to exceed 5 percent, shall be
used for planning, administration (including carrying out the
requirements of section 116), professional development, and the
activities described in paragraphs (3) and (5) of section 232.
(b) Special Rule.--In cases where the cost limits described in
subsection (a) are too restrictive to allow for the activities
described in subsection (a)(2), the eligible provider shall negotiate
with the eligible agency in order to determine an adequate level of
funds to be used for noninstructional purposes.
Subtitle D--General Provisions
SEC. 241. ADMINISTRATIVE PROVISIONS.
(a) Supplement Not Supplant.--Funds made available for adult
education and literacy activities under this title shall supplement and
not supplant other State or local public funds expended for adult
education and literacy activities.
(b) Maintenance of Effort.--
(1) In general.--
(A) Determination.--An eligible agency may receive
funds under this title for any fiscal year if the
Secretary finds that the fiscal effort per student or
the aggregate expenditures of such eligible agency for
activities under this title, in the second preceding
fiscal year, were not less than 90 percent of the
fiscal effort per student or the aggregate expenditures
of such eligible agency for adult education and
literacy activities in the third preceding fiscal year.
(B) Proportionate reduction.--Subject to paragraphs
(2), (3), and (4), for any fiscal year with respect to
which the Secretary determines under subparagraph (A)
that the fiscal effort or the aggregate expenditures of
an eligible agency for the preceding program year were
less than such effort or expenditures for the second
preceding program year, the Secretary--
(i) shall determine the percentage
decreases in such effort or in such
expenditures; and
(ii) shall decrease the payment made under
this title for such program year to the agency
for adult education and literacy activities by
the lesser of such percentages.
(2) Computation.--In computing the fiscal effort and
aggregate expenditures under paragraph (1), the Secretary shall
exclude capital expenditures and special one-time project
costs.
(3) Decrease in federal support.--If the amount made
available for adult education and literacy activities under
this title for a fiscal year is less than the amount made
available for adult education and literacy activities under
this title for the preceding fiscal year, then the fiscal
effort per student and the aggregate expenditures of an
eligible agency required in order to avoid a reduction under
paragraph (1)(B) shall be decreased by the same percentage as
the percentage decrease in the amount so made available.
(4) Waiver.--The Secretary may waive the requirements of
this subsection for not more than 1 fiscal year, if the
Secretary determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a natural
disaster or an unforeseen and precipitous decline in the
financial resources of the State or outlying area of the
eligible agency. If the Secretary grants a waiver under the
preceding sentence for a fiscal year, the level of effort
required under paragraph (1) shall not be reduced in the
subsequent fiscal year because of the waiver.
SEC. 242. NATIONAL LEADERSHIP ACTIVITIES.
(a) In General.--The Secretary shall establish and carry out a
program of national leadership activities to enhance the quality and
outcomes of adult education and literacy activities and programs
nationwide.
(b) Required Activities.--The national leadership activities
described in subsection (a) shall include technical assistance,
including--
(1) assistance to help States meet the requirements of
section 116;
(2) upon request by a State, assistance provided to
eligible providers in using performance accountability measures
based on indicators described in section 116, and data systems
for the improvement of adult education and literacy activities;
(3) carrying out rigorous research and evaluation on
effective adult education and literacy activities, as well as
estimating the number of adults functioning at the lowest
levels of literacy proficiency, which shall be coordinated
across relevant Federal agencies, including the Institute of
Education Sciences; and
(4) carrying out an independent evaluation at least once
every 4 years of the programs and activities under this title,
taking into consideration the evaluation subjects referred to
in section 169(a)(2).
(c) Allowable Activities.--The national leadership activities
described in subsection (a) may include the following:
(1) Technical assistance, including--
(A) assistance related to professional development
activities, and assistance for the purposes of
developing, improving, identifying, and disseminating
the most successful methods and techniques for
providing adult education and literacy activities,
based on scientifically valid research where available;
(B) assistance in distance education and promoting
and improving the use of technology in the classroom,
including instruction in English language acquisition
for English language learners;
(C) assistance in the development and dissemination
of proven models for addressing the digital literacy
needs of adults, including older adults; and
(D) supporting efforts aimed at strengthening
programs at the State and local levels, such as
technical assistance in program planning, assessment,
evaluation, and monitoring of activities carried out
under this title.
(2) Funding national leadership activities either directly
or through grants, contracts, or cooperative agreements awarded
on a competitive basis to or with postsecondary educational
institutions, institutions of higher education, public or
private organizations or agencies (including public libraries),
or consortia of such institutions, organizations, or agencies,
which may include--
(A) developing, improving, and identifying the most
successful methods and techniques for addressing the
education needs of adults, including instructional
practices using the essential components of reading
instruction based on the work of the National Institute
of Child Health and Human Development;
(B) supporting national, regional, or local
networks of private nonprofit organizations, public
libraries, or institutions of higher education to
strengthen the ability of such networks' members to
meet the performance requirements described in section
116 of eligible providers;
(C) increasing the effectiveness, and improving the
quality, of adult education and literacy activities,
which may include--
(i) carrying out rigorous research;
(ii) carrying out demonstration programs;
(iii) accelerating learning outcomes for
eligible individuals with the lowest literacy
levels;
(iv) developing and promoting career
pathways for eligible individuals;
(v) promoting concurrent enrollment
programs in adult education and credit bearing
postsecondary coursework;
(vi) developing high-quality professional
development activities for eligible providers;
and
(vii) developing, replicating, and
disseminating information on best practices and
innovative programs, such as--
(I) the identification of effective
strategies for working with adults with
learning disabilities and with adults
who are English language learners;
(II) integrated education and
training programs;
(III) workplace adult education and
literacy activities; and
(IV) postsecondary education and
training transition programs;
(D) providing for the conduct of an independent
evaluation and assessment of adult education and
literacy activities through grants and contracts
awarded on a competitive basis, which shall include
descriptions of--
(i) the effect of performance
accountability measures and other measures of
accountability on the delivery of adult
education and literacy activities;
(ii) the extent to which the adult
education and literacy activities increase the
literacy skills of eligible individuals, lead
to involvement in education and training,
enhance the employment and earnings of such
participants, and, if applicable, lead to other
positive outcomes, such as success in re-entry
and reductions in recidivism in the case of
prison-based adult education and literacy
activities;
(iii) the extent to which the provision of
support services to eligible individuals
enrolled in adult education and literacy
activities increase the rate of enrollment in,
and successful completion of, such programs;
and
(iv) the extent to which different types of
providers measurably improve the skills of
eligible individuals in adult education and
literacy activities;
(E) collecting data, such as data regarding the
improvement of both local and State data systems,
through technical assistance and development of model
performance data collection systems;
(F) determining how participation in adult
education and literacy activities prepares eligible
individuals for entry into postsecondary education and
employment and, in the case of programs carried out in
correctional institutions, has an effect on recidivism;
and
(G) other activities designed to enhance the
quality of adult education and literacy activities
nationwide.
SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
(a) In General.--From funds made available under section 211(a)(2)
for each fiscal year, the Secretary shall award grants to States, from
allotments under subsection (b), for integrated English literacy and
civics education, in combination with integrated education and training
activities.
(b) Allotment.--
(1) In general.--Subject to paragraph (2), from amounts
made available under section 211(a)(2) for a fiscal year, the
Secretary shall allocate--
(A) 65 percent to the States on the basis of a
State's need for integrated English literacy and civics
education, as determined by calculating each State's
share of a 10-year average of the data of the Office of
Immigration Statistics of the Department of Homeland
Security for immigrants admitted for legal permanent
residence for the 10 most recent years; and
(B) 35 percent to the States on the basis of
whether the State experienced growth, as measured by
the average of the 3 most recent years for which the
data of the Office of Immigration Statistics of the
Department of Homeland Security for immigrants admitted
for legal permanent residence are available.
(2) Minimum.--No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
(c) Goal.--Each program that receives funding under this section
shall be designed to--
(1) prepare adults who are English language learners for,
and place such adults in, unsubsidized employment in in-demand
industries and occupations that lead to economic self-
sufficiency; and
(2) integrate with the local workforce development system
and its functions to carry out the activities of the program.
(d) Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate and make available to the public, a report on
the activities carried out under this section.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended by
inserting ``service'' before ``offices''.
SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the terms `chief elected official', `institution of
higher education', `one-stop center', `one-stop partner',
`training services', `workforce development activity', and
`workplace learning advisor', have the meaning given the terms
in section 3 of the Workforce Innovation and Opportunity
Act;'';
(2) in paragraph (2)--
(A) by striking ``investment board'' each place it
appears and inserting ``development board''; and
(B) by striking ``section 117 of the Workforce
Investment Act of 1998'' and inserting ``section 107 of
the Workforce Innovation and Opportunity Act'';
(3) in paragraph (3)--
(A) by striking ``134(c)'' and inserting
``121(e)''; and
(B) by striking ``Workforce Investment Act of
1998'' and inserting ``Workforce Innovation and
Opportunity Act''; and
(4) in paragraph (4), by striking ``and'' at the end;
(5) in paragraph (5), by striking the period and inserting
``; and''; and
(6) by adding at the end the following:
``(6) the term `employment service office' means a local
office of a State agency; and
``(7) except in section 15, the term `State agency', used
without further description, means an agency designated or
authorized under section 4.''.
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) Coordination.--Section 3(a) of the Wagner-Peyser Act (29 U.S.C.
49b(a)) is amended by striking ``services'' and inserting ``service
offices''.
(b) Public Labor Exchange Services System.--Section 3(c) of the
Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended--
(1) in paragraph (2), by striking the semicolon and
inserting ``, and identify and disseminate information on best
practices for such system; and''; and
(2) by adding at the end the following:
``(4) in coordination with the State agencies and the staff
of such agencies, assist in the planning and implementation of
activities to enhance the professional development and career
advancement opportunities of such staff, in order to strengthen
the provision of a broad range of career guidance services, the
identification of job openings (including providing intensive
outreach to small and medium-sized employers and enhanced
employer services), the provision of technical assistance and
training to other providers of workforce development activities
(including workplace learning advisors) relating to counseling
and employment-related services, and the development of new
strategies for coordinating counseling and technology.''.
(c) One-stop Centers.--Section 3 of the Wagner-Peyser Act (29
U.S.C. 49b) is amended by inserting after subsection (c) the following:
``(d) In order to improve service delivery, avoid duplication of
services, and enhance coordination of services, including location of
staff to ensure access to services under section 7(a) statewide in
underserved areas, employment service offices in each State shall be
colocated with one-stop centers.
``(e) The Secretary, in consultation with States, is authorized to
assist the States in the development of national electronic tools that
may be used to improve access to workforce information for individuals
through--
``(1) the one-stop delivery systems established as
described in section 121(e) of the Workforce Innovation and
Opportunity Act; and
``(2) such other delivery systems as the Secretary
determines to be appropriate.''.
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended--
(1) in subsection (a), by striking ``amounts appropriated
pursuant to section 5'' and inserting ``funds appropriated and
(except for Guam) certified under section 5 and made available
for allotments under this section''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting before ``the Secretary''
the following ``after making the allotments
required by subsection (a),''; and
(ii) by striking ``sums'' and all that
follows through ``this Act'' and inserting
``funds described in subsection (a)'';
(B) in each of subparagraphs (A) and (B), by
striking ``sums'' and inserting ``remainder''; and
(C) by adding at the end the following: ``For
purposes of this paragraph, the term `State' does not
include Guam or the Virgin Islands.''.
SEC. 305. USE OF SUMS.
(a) Improved Coordination.--Section 7(a)(1) of the Wagner-Peyser
Act (29 U.S.C. 49f(a)(1)) is amended by inserting ``, including
unemployment insurance claimants,'' after ``seekers''.
(b) Resources for Unemployment Insurance Claimants.--Section
7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) in subparagraph (F)--
(A) by inserting ``, including making eligibility
assessments,'' after ``system''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by inserting after subparagraph (F) the following:
``(G) providing unemployment insurance claimants
with referrals to, and application assistance for,
training and education resources and programs,
including Federal Pell Grants under subpart 1 of part A
of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a et seq.), educational assistance under
chapter 30 of title 38, United States Code (commonly
referred to as the Montgomery GI Bill), and chapter 33
of that title (Post-9/11 Veterans Educational
Assistance), student assistance under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
State student higher education assistance, and training
and education programs provided under titles I and II
of the Workforce Innovation and Opportunity Act, and
title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.).''.
(c) State Activities.--Section 7(b) of the Wagner-Peyser Act (29
U.S.C. 49f(b)) is amended--
(1) in paragraph (1), by striking ``performance standards
established by the Secretary'' and inserting ``the performance
accountability measures that are based on indicators described
in section 116(b)(2)(A)(i) of the Workforce Innovation and
Opportunity Act'';
(2) in paragraph (2), by inserting ``offices'' after
``employment service''; and
(3) in paragraph (3), by inserting ``, and models for
enhancing professional development and career advancement
opportunities of State agency staff, as described in section
3(c)(4)'' after ``subsection (a)''.
(d) Providing Additional Funds.--Subsections (c)(2) and (d) of
section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended by
striking ``the Workforce Investment Act of 1998'' and inserting ``the
Workforce Innovation and Opportunity Act''.
(e) Conforming Amendment.--Section 7(e) of the Wagner-Peyser Act
(29 U.S.C. 49f(e)) is amended by striking ``labor employment
statistics'' and inserting ``workforce and labor market information''.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended to
read as follows:
``Sec. 8. Any State desiring to receive assistance under section 6
shall prepare and submit to, and have approved by, the Secretary and
the Secretary of Education, a State plan in accordance with section 102
or 103 of the Workforce Innovation and Opportunity Act.''.
SEC. 307. PERFORMANCE MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is
amended to read as follows:
``(a) The activities carried out pursuant to section 7 shall be
subject to the performance accountability measures that are based on
indicators described in section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act.''.
SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
(a) Heading.--The section heading for section 15 of the Wagner-
Peyser Act (29 U.S.C. 49l-2) is amended by striking ``employment
statistics'' and inserting ``workforce and labor market information
system''.
(b) Name of System.--Section 15(a)(1) of the Wagner-Peyser Act (29
U.S.C. 49l-2(a)(1)) is amended by striking ``employment statistics
system of employment statistics'' and inserting ``workforce and labor
market information system''.
(c) System Responsibilities.--Section 15(b) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Structure.--The workforce and labor market
information system described in subsection (a) shall be
evaluated and improved by the Secretary, in
consultation with the Workforce Information Advisory
Council established in subsection (d).
``(B) Grants and responsibilities.--
``(i) In general.--The Secretary shall
carry out the provisions of this section in a
timely manner, through grants to or agreements
with States.
``(ii) Distribution of funds.--Using
amounts appropriated under subsection (g), the
Secretary shall provide funds through those
grants and agreements. In distributing the
funds (relating to workforce and labor market
information funding) for fiscal years 2015
through 2020, the Secretary shall continue to
distribute the funds to States in the manner in
which the Secretary distributed funds to the
States under this section for fiscal years 2004
through 2008.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of workforce and labor
market information for the system, shall carry out the
following duties:
``(A) Assign responsibilities within the Department
of Labor for elements of the workforce and labor market
information system described in subsection (a) to
ensure that the statistical and administrative data
collected is consistent with appropriate Bureau of
Labor Statistics standards and definitions, and that
the information is accessible and understandable to
users of such data.
``(B) Actively seek the cooperation of heads of
other Federal agencies to establish and maintain
mechanisms for ensuring complementarity and
nonduplication in the development and operation of
statistical and administrative data collection
activities.
``(C) Solicit, receive, and evaluate the
recommendations from the Workforce Information Advisory
Council established in subsection (d) concerning the
evaluation and improvement of the workforce and labor
market information system described in subsection (a)
and respond in writing to the Council regarding the
recommendations.
``(D) Eliminate gaps and duplication in statistical
undertakings.
``(E) Through the Bureau of Labor Statistics and
the Employment and Training Administration, and in
collaboration with States, develop and maintain the
elements of the workforce and labor market information
system described in subsection (a), including the
development of consistent procedures and definitions
for use by the States in collecting the data and
information described in subparagraphs (A) and (B) of
subsection (a)(1).
``(F) Establish procedures for the system to ensure
that--
``(i) such data and information are timely;
and
``(ii) paperwork and reporting for the
system are reduced to a minimum.''.
(d) Two-year Plan.--Section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2) is amended by striking subsection (c) and inserting the
following:
``(c) Two-year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, and in consultation with the Workforce
Information Advisory Council described in subsection (d) and heads of
other appropriate Federal agencies, shall prepare a 2-year plan for the
workforce and labor market information system. The plan shall be
developed and implemented in a manner that takes into account the
activities described in State plans submitted by States under section
102 or 103 of the Workforce Innovation and Opportunity Act and 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. The plan shall include--
``(1) a description of how the Secretary will work with the
States to manage the nationwide workforce and labor market
information system described in subsection (a) and the
statewide workforce and labor market information systems that
comprise the nationwide system;
``(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
``(3) an evaluation of the performance of the system, with
particular attention to the improvements needed at the State
and local levels;
``(4) a description of the involvement of States in the
development of the plan, through consultation by the Secretary
with the Workforce Information Advisory Council in accordance
with subsection (d); and
``(5) a description of the written recommendations received
from the Workforce Information Advisory Council established
under subsection (d), and the extent to which those
recommendations were incorporated into the plan.''.
(e) Workforce Information Advisory Council.--Section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking subsection
(d) and inserting the following:
``(d) Workforce Information Advisory Council.--
``(1) In general.--The Secretary, through the Commissioner
of Labor Statistics and the Assistant Secretary for Employment
and Training, shall formally consult at least twice annually
with the Workforce Information Advisory Council established in
accordance with paragraph (2). Such consultations shall address
the evaluation and improvement of the nationwide workforce and
labor market information system described in subsection (a) and
the statewide workforce and labor market information systems
that comprise the nationwide system and how the Department of
Labor and the States will cooperate in the management of such
systems. The Council shall provide written recommendations to
the Secretary concerning the evaluation and improvement of the
nationwide system, including any recommendations regarding the
2-year plan described in subsection (c).
``(2) Establishment of council.--
``(A) Establishment.--The Secretary shall establish
an advisory council that shall be known as the
Workforce Information Advisory Council (referred to in
this section as the `Council') to participate in the
consultations and provide the recommendations described
in paragraph (1).
``(B) Membership.--The Secretary shall appoint the
members of the Council, which shall consist of--
``(i) 4 members who are representatives of
lead State agencies with responsibility for
workforce investment activities, or State
agencies described in section 4, who have been
nominated by such agencies or by a national
organization that represents such agencies;
``(ii) 4 members who are representatives of
the State workforce and labor market
information directors affiliated with the State
agencies that perform the duties described in
subsection (e)(2), who have been nominated by
the directors;
``(iii) 1 member who is a representative of
providers of training services under section
122 of the Workforce Innovation and Opportunity
Act;
``(iv) 1 member who is a representative of
economic development entities;
``(v) 1 member who is a representative of
businesses, who has been nominated by national
business organizations or trade associations;
``(vi) 1 member who is a representative of
labor organizations, who has been nominated by
a national labor federation;
``(vii) 1 member who is a representative of
local workforce development boards, who has
been nominated by a national organization
representing such boards; and
``(viii) 1 member who is a representative
of research entities that utilize workforce and
labor market information.
``(C) Geographic diversity.--The Secretary shall
ensure that the membership of the Council is
geographically diverse and that no 2 of the members
appointed under clauses (i), (ii), and (vii) represent
the same State.
``(D) Period of appointment; vacancies.--
``(i) In general.--Each member of the
Council shall be appointed for a term of 3
years, except that the initial terms for
members may be 1, 2, or 3 years in order to
establish a rotation in which one-third of the
members are selected each year. Any such member
may be appointed for not more than 2
consecutive terms.
``(ii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office.
``(E) Travel expenses.--The members of the Council
shall not receive compensation for the performance of
services for the Council, but 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. Notwithstanding section 1342 of title 31,
United States Code, the Secretary may accept the
voluntary and uncompensated services of members of the
Council.
``(F) Permanent council.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Council.''.
(f) State Responsibilities.--Section 15(e) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(e)) is amended--
(1) by striking ``employment statistics'' each place it
appears and inserting ``workforce and labor market
information'';
(2) in paragraph (1)(A) by striking ``annual plan'' and
inserting ``plan described in subsection (c)'';
(3) in paragraph (2)--
(A) in subparagraph (G), by inserting ``and'' at
the end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ``section
136(f)(2) of the Workforce Investment Act of 1998'' and
inserting ``section 116(i)(2) of the Workforce
Innovation and Opportunity Act''; and
(D) by redesignating subparagraph (I) as
subparagraph (H).
(g) Authorization of Appropriations.--Section 15(g) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(g)) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2004'' and
inserting ``$60,153,000 for fiscal year 2015, $64,799,000 for fiscal
year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal
year 2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal
year 2020''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a provision, the amendment or repeal shall be considered to
be made to a provision of the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) Findings.--Section 2(a) (29 U.S.C. 701(a)) is amended--
(1) in paragraph (4), by striking ``workforce investment
systems under title I of the Workforce Investment Act of 1998''
and inserting ``workforce development systems defined in
section 3 of the Workforce Innovation and Opportunity Act'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(7)(A) a high proportion of students with disabilities is
leaving secondary education without being employed in
competitive integrated employment, or being enrolled in
postsecondary education; and
``(B) there is a substantial need to support such students
as they transition from school to postsecondary life.''.
(b) Purpose.--Section 2(b) (29 U.S.C. 701(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``workforce
investment systems implemented in accordance with title
I of the Workforce Investment Act of 1998'' and
inserting ``workforce development systems defined in
section 3 of the Workforce Innovation and Opportunity
Act''; and
(B) at the end of subparagraph (F), by striking
``and'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) to maximize opportunities for individuals with
disabilities, including individuals with significant
disabilities, for competitive integrated employment;'';
(4) in paragraph (3), as redesignated by paragraph (2), by
striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(4) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful input by employers and vocational
rehabilitation service providers on successful and prospective
employment and placement strategies; and
``(5) to ensure, to the greatest extent possible, that
youth with disabilities and students with disabilities who are
transitioning from receipt of special education services under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) and receipt of services under section 504 of this Act
have opportunities for postsecondary success.''.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``in the
Department of Education'' after ``Secretary'';
(B) by striking the second sentence and inserting
``Such Administration shall be the principal agency,
and the Commissioner shall be the principal officer, of
the Department for purposes of carrying out titles I,
III, VI, and chapter 2 of title VII.''; and
(C) in the fourth and sixth sentences, by inserting
``of Education'' after ``Secretary'' the first place it
appears; and
(2) in subsection (b), by inserting ``of Education'' after
``Secretary''.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended--
(1) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following:
``(v) to the maximum extent possible,
relies on information obtained from experiences
in integrated employment settings in the
community, and other integrated community
settings;'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Assistive technology terms.--
``(A) Assistive technology.--The term `assistive
technology' has the meaning given such term in section
3 of the Assistive Technology Act of 1998 (29 U.S.C.
3002).
``(B) Assistive technology device.--The term
`assistive technology device' has the meaning given
such term in section 3 of the Assistive Technology Act
of 1998, except that the reference in such section to
the term `individuals with disabilities' shall be
deemed to mean more than 1 individual with a disability
as defined in paragraph (20)(A)).
``(C) Assistive technology service.--The term
`assistive technology service' has the meaning given
such term in section 3 of the Assistive Technology Act
of 1998, except that the reference in such section--
``(i) to the term `individual with a
disability' shall be deemed to mean an
individual with a disability, as defined in
paragraph (20)(A); and
``(ii) to the term `individuals with
disabilities' shall be deemed to mean more than
1 such individual.'';
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as redesignated by paragraph (3)--
(A) by redesignating subparagraphs (O) through (Q)
as subparagraphs (P) through (R), respectively;
(B) by inserting after subparagraph (N) the
following:
``(O) customized employment;''; and
(C) in subparagraph (R), as redesignated by
subparagraph (A) of this paragraph, by striking ``(P)''
and inserting ``(Q)'';
(5) by inserting before paragraph (6) the following:
``(5) Competitive integrated employment.--The term
`competitive integrated employment' means work that is
performed on a full-time or part-time basis (including self-
employment)--
``(A) for which an individual--
``(i) is compensated at a rate that--
``(I)(aa) shall be not less than
the higher of the rate specified in
section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
206(a)(1)) or the rate specified in the
applicable State or local minimum wage
law; and
``(bb) is not less than the
customary rate paid by the employer for
the same or similar work performed by
other employees who are not individuals
with disabilities, and who are
similarly situated in similar
occupations by the same employer and
who have similar training, experience,
and skills; or
``(II) in the case of an individual
who is self-employed, yields an income
that is comparable to the income
received by other individuals who are
not individuals with disabilities, and
who are self-employed in similar
occupations or on similar tasks and who
have similar training, experience, and
skills; and
``(ii) is eligible for the level of
benefits provided to other employees;
``(B) that is at a location where the employee
interacts with other persons who are not individuals
with disabilities (not including supervisory personnel
or individuals who are providing services to such
employee) to the same extent that individuals who are
not individuals with disabilities and who are in
comparable positions interact with other persons; and
``(C) that, as appropriate, presents opportunities
for advancement that are similar to those for other
employees who are not individuals with disabilities and
who have similar positions.'';
(6) in paragraph (6)(B), by striking ``includes'' and all
that follows through ``fees'' and inserting ``includes
architects' fees'';
(7) by inserting after paragraph (6) the following:
``(7) Customized employment.--The term `customized
employment' means competitive integrated employment, for an
individual with a significant disability, that is based on an
individualized determination of the strengths, needs, and
interests of the individual with a significant disability, is
designed to meet the specific abilities of the individual with
a significant disability and the business needs of the
employer, and is carried out through flexible strategies, such
as--
``(A) job exploration by the individual;
``(B) working with an employer to facilitate
placement, including--
``(i) customizing a job description based
on current employer needs or on previously
unidentified and unmet employer needs;
``(ii) developing a set of job duties, a
work schedule and job arrangement, and
specifics of supervision (including performance
evaluation and review), and determining a job
location;
``(iii) representation by a professional
chosen by the individual, or self-
representation of the individual, in working
with an employer to facilitate placement; and
``(iv) providing services and supports at
the job location.'';
(8) in paragraph (11)--
(A) in subparagraph (C)--
(i) by inserting ``of Education'' after
``Secretary''; and
(ii) by inserting ``customized
employment,'' before ``self-employment,'';
(9) in paragraph (12), by inserting ``of Education'' after
``Secretary'' each place it appears;
(10) in paragraph (14)(C), by inserting ``of Education''
after ``Secretary'';
(11) in paragraph (17)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) services that--
``(i) facilitate the transition of
individuals with significant disabilities from
nursing homes and other institutions to home
and community-based residences, with the
requisite supports and services;
``(ii) provide assistance to individuals
with significant disabilities who are at risk
of entering institutions so that the
individuals may remain in the community; and
``(iii) facilitate the transition of youth
who are individuals with significant
disabilities, who were eligible for
individualized education programs under section
614(d) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)), and who have
completed their secondary education or
otherwise left school, to postsecondary
life.'';
(12) in paragraph (18), by striking ``term'' and all that
follows through ``includes--'' and inserting ``term
`independent living services' includes--'';
(13) in paragraph (19)--
(A) in subparagraph (A), by inserting before the
period the following: ``and includes a Native and a
descendant of a Native, as such terms are defined in
subsections (b) and (r) of section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)''; and
(B) in subparagraph (B), by inserting before the
period the following: ``and a tribal organization (as
defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l)))'';
(14) in paragraph (23), by striking ``section 101'' and
inserting ``section 102'';
(15) by striking paragraph (25) and inserting the
following:
``(25) Local workforce development board.--The term `local
workforce development board' means a local board, as defined in
section 3 of the Workforce Innovation and Opportunity Act.'';
(16) by striking paragraph (37);
(17) by redesignating paragraphs (29) through (39) as
paragraphs (31) through (36), and (38) through (41),
respectively;
(18) by inserting after paragraph (28) the following:
``(30) Pre-employment transition services.--The term `pre-
employment transition services' means services provided in
accordance with section 113.'';
(19) by striking paragraph (33), as redesignated by
paragraph (17), and inserting the following:
``(33) Secretary.--Unless where the context otherwise
requires, the term `Secretary'--
``(A) used in title I, III, IV, V, VI, or chapter 2
of title VII, means the Secretary of Education; and
``(B) used in title II or chapter 1 of title VII,
means the Secretary of Health and Human Services.'';
(20) by striking paragraphs (35) and (36), as redesignated
by paragraph (17), and inserting the following:
``(35) State workforce development board.--The term `State
workforce development board' means a State board, as defined in
section 3 of the Workforce Innovation and Opportunity Act.
``(36) Statewide workforce development system.--The term
`statewide workforce development system' means a workforce
development system, as defined in section 3 of the Workforce
Innovation and Opportunity Act.'';
(21) by inserting after that paragraph (36) the following:
``(37) Student with a disability.--
``(A) In general.--The term `student with a
disability' means an individual with a disability who--
``(i)(I)(aa) is not younger than the
earliest age for the provision of transition
services under section 614(d)(1)(A)(i)(VIII) of
the Individuals with Disabilities Education Act
(20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or
``(bb) if the State involved elects to use
a lower minimum age for receipt of pre-
employment transition services under this Act,
is not younger than that minimum age; and
``(II)(aa) is not older than 21 years of
age; or
``(bb) if the State law for the State
provides for a higher maximum age for receipt
of services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.), is not older than that maximum age; and
``(ii)(I) is eligible for, and receiving,
special education or related services under
part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability,
for purposes of section 504.
``(B) Students with disabilities.--The term
`students with disabilities' means more than 1 student
with a disability.'';
(22) by striking paragraphs (38) and (39), as redesignated
by paragraph (17), and inserting the following:
``(38) Supported employment.--The term `supported
employment' means competitive integrated employment, including
customized employment, or employment in an integrated work
setting in which individuals are working on a short-term basis
toward competitive integrated employment, that is
individualized and customized consistent with the strengths,
abilities, interests, and informed choice of the individuals
involved, for individuals with the most significant
disabilities--
``(A)(i) for whom competitive integrated employment
has not historically occurred; or
``(ii) for whom competitive integrated employment
has been interrupted or intermittent as a result of a
significant disability; and
``(B) who, because of the nature and severity of
their disability, need intensive supported employment
services and extended services after the transition
described in paragraph (13)(C), in order to perform the
work involved.
``(39) Supported employment services.--The term `supported
employment services' means ongoing support services, including
customized employment, needed to support and maintain an
individual with a most significant disability in supported
employment, that--
``(A) are provided singly or in combination and are
organized and made available in such a way as to assist
an eligible individual to achieve competitive
integrated employment;
``(B) are based on a determination of the needs of
an eligible individual, as specified in an
individualized plan for employment; and
``(C) are provided by the designated State unit for
a period of not more than 24 months, except that period
may be extended, if necessary, in order to achieve the
employment outcome identified in the individualized
plan for employment.'';
(23) in paragraph (41), as redesignated by paragraph (17),
by striking ``as defined in section 101 of the Workforce
Investment Act of 1998'' and inserting ``as defined in section
3 of the Workforce Innovation and Opportunity Act''; and
(24) by inserting after paragraph (41), as redesignated by
paragraph (17), the following:
``(42) Youth with a disability.--
``(A) In general.--The term `youth with a
disability' means an individual with a disability who--
``(i) is not younger than 14 years of age;
and
``(ii) is not older than 24 years of age.
``(B) Youth with disabilities.--The term `youth
with disabilities' means more than 1 youth with a
disability.''.
SEC. 405. ADMINISTRATION OF THE ACT.
(a) Promulgation.--Section 8(a)(2) (29 U.S.C. 706(a)(2)) is
amended by inserting ``of Education'' after ``Secretary''.
(b) Privacy.--Section 11 (29 U.S.C. 708) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following:
``(b) Section 501 of the Workforce Innovation and Opportunity Act
shall apply, as specified in that section, to amendments to this Act
that were made by the Workforce Innovation and Opportunity Act.''.
(c) Administration.--Section 12 (29 U.S.C. 709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1)'' and inserting
``(1)(A)''; and
(ii) by adding at the end the following:
``(B) provide technical assistance to the
designated State units on developing successful
partnerships with local and multi-State businesses in
an effort to increase the employment of individuals
with disabilities;
``(C) provide technical assistance to providers and
organizations on developing self-employment
opportunities and outcomes for individuals with
disabilities; and
``(D) provide technical assistance to entities
carrying out community rehabilitation programs to build
their internal capacity to provide individualized
services and supports leading to competitive integrated
employment, and to transition individuals with
disabilities away from nonintegrated settings;''; and
(B) in paragraph (2), by striking ``, centers for
independent living,'';
(2) in subsection (c), by striking ``Commissioner'' the
first place it appears and inserting ``Secretary of
Education'';
(3) in subsection (d), by inserting ``of Education'' after
``Secretary'';
(4) in subsection (e)--
(A) by striking ``Rehabilitation Act Amendments of
1998'' each place it appears and inserting ``Workforce
Innovation and Opportunity Act''; and
(B) by inserting ``of Education'' after
``Secretary'';
(5) in subsection (f), by inserting ``of Education'' after
``Secretary'';
(6)(A) in subsection (c), by striking ``(c)'' and inserting
``(c)(1)'';
(B) in subsection (d), by striking ``(d)'' and inserting
``(d)(1)'';
(C) in subsection (e), by striking ``(e)'' and inserting
``(2)'';
(D) in subsection (f), by striking ``(f)'' and inserting
``(2)''; and
(E) by moving paragraph (2) (as redesignated by
subparagraph (D)) to the end of subsection (c); and
(7) by inserting after subsection (d) the following:
``(e)(1) The Administrator of the Administration for Community
Living (referred to in this subsection as the `Administrator') may
carry out the authorities and shall carry out the responsibilities of
the Commissioner described in paragraphs (1)(A) and (2) through (4) of
subsection (a), and subsection (b), except that, for purposes of
applying subsections (a) and (b), a reference in those subsections--
``(A) to facilitating meaningful and effective
participation shall be considered to be a reference to
facilitating meaningful and effective collaboration with
independent living programs, and promoting a philosophy of
independent living for individuals with disabilities in
community activities; and
``(B) to training for personnel shall be considered to be a
reference to training for the personnel of centers for
independent living and Statewide Independent Living Councils.
``(2) The Secretary of Health and Human Services may carry out the
authorities and shall carry out the responsibilities of the Secretary
of Education described in subsections (c) and (d).
``(f)(1) In subsections (a) through (d), a reference to `this Act'
means a provision of this Act that the Secretary of Education has
authority to carry out; and
``(2) In subsection (e), for purposes of applying subsections (a)
through (d), a reference in those subsections to `this Act' means a
provision of this Act that the Secretary of Health and Human Services
has authority to carry out.''.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 710) is amended--
(1) in section (c)--
(A) by striking ``(c)'' and inserting ``(c)(1)'';
and
(B) in the second sentence, by striking ``section
136(d) of the Workforce Investment Act of 1998'' and
inserting ``section 116(d)(2) of the Workforce
Innovation and Opportunity Act''; and
(2) by adding at the end the following:
``(d) The Commissioner shall ensure that the report described in
this section is made publicly available in a timely manner, including
through electronic means, in order to inform the public about the
administration and performance of programs under this Act.''.
SEC. 407. EVALUATION AND INFORMATION.
(a) Evaluation.--Section 14 (29 U.S.C. 711) is amended--
(1) by inserting ``of Education'' after ``Secretary'' each
place it appears;
(2) in subsection (f)(2), by inserting ``competitive''
before ``integrated employment'';
(3)(A) in subsection (b), by striking ``(b)'' and inserting
``(b)(1)'';
(B) in subsection (c), by striking ``(c)'' and inserting
``(2)'';
(C) in subsection (d), by striking ``(d)'' and inserting
``(3)''; and
(D) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively;
(4) by inserting after subsection (d), as redesignated by
paragraph (3)(D), the following:
``(e)(1) The Secretary of Health and Human Services may carry out
the authorities and shall carry out the responsibilities of the
Secretary of Education described in subsections (a) and (b).
``(2) The Administrator of the Administration for Community Living
may carry out the authorities and shall carry out the responsibilities
of the Commissioner described in subsections (a) and (d)(1), except
that, for purposes of applying those subsections, a reference in those
subsections to exemplary practices shall be considered to be a
reference to exemplary practices concerning independent living services
and centers for independent living.
``(f)(1) In subsections (a) through (d), a reference to `this Act'
means a provision of this Act that the Secretary of Education has
authority to carry out; and
``(2) In subsection (e), for purposes of applying subsections (a),
(b), and (d), a reference in those subsections to `this Act' means a
provision of this Act that the Secretary of Health and Human Services
has authority to carry out.''.
(b) Information.--Section 15 (29 U.S.C. 712) is amended--
(1) in subsection (a)--
(A) by inserting ``of Education'' after
``Secretary'' each place it appears; and
(B) in paragraph (1), by striking ``State workforce
investment boards'' and inserting ``State workforce
development boards''; and
(2) in subsection (b), by striking ``Secretary'' and
inserting ``Secretary of Education''.
SEC. 408. CARRYOVER.
Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by striking
``part B of title VI'' and inserting ``title VI''.
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``racial'' and inserting ``demographic'';
(ii) in the second sentence--
(I) by striking ``rate of
increase'' the first place it appears
and inserting ``percentage increase
from 2000 to 2010'';
(II) by striking ``is 3.2'' and
inserting ``was 9.7'';
(III) by striking ``rate of
increase'' and inserting ``percentage
increase'';
(IV) by striking ``is much'' and
inserting ``was much'';
(V) by striking ``38.6'' and
inserting ``43.0'';
(VI) by striking ``14.6'' and
inserting ``12.3'';
(VII) by striking ``40.1'' and
inserting ``43.2''; and
(VIII) by striking ``and other
ethnic groups''; and
(iii) by striking the last sentence; and
(B) in paragraph (2), by striking the second and
third sentences and inserting the following: ``In
2011--
``(A) among Americans ages 16 through 64, the rate
of disability was 12.1 percent;
``(B) among African-Americans in that age range,
the disability rate was more than twice as high, at
27.1 percent; and
``(C) for American Indians and Alaska Natives in
the same age range, the disability rate was also more
than twice as high, at 27.0 percent.'';
(2) in subsection (b)(1), by striking ``National Institute
on Disability and Rehabilitation Research'' and inserting
``National Institute on Disability, Independent Living, and
Rehabilitation Research''; and
(3) in subsection (c), by striking ``Director'' and
inserting ``Director of the National Institute on Disability,
Independent Living, and Rehabilitation Research''.
Subtitle B--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS.
(a) Findings; Purpose; Policy.--Section 100(a) (29 U.S.C. 720(a))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``integrated''
and inserting ``competitive integrated employment'';
(B) in subparagraph (D)(iii), by striking
``medicare and medicaid'' and inserting ``Medicare and
Medicaid'';
(C) in subparagraph (F), by striking ``investment''
and inserting ``development''; and
(D) in subparagraph (G)--
(i) by striking ``workforce investment
systems'' and inserting ``workforce development
systems''; and
(ii) by striking ``workforce investment
activities'' and inserting ``workforce
development activities'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``workforce
investment system'' and inserting ``workforce
development system''; and
(B) in subparagraph (B), by striking ``and informed
choice,'' and inserting ``informed choice, and economic
self-sufficiency,''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``gainful
employment in integrated settings'' and inserting
``competitive integrated employment''; and
(B) in subparagraph (E), by inserting ``should''
before ``facilitate''.
(b) Authorization of Appropriations.--Section 100(b)(1) (29 U.S.C.
720(b)(1)) is amended by striking ``such sums as may be necessary for
fiscal years 1999 through 2003'' and inserting ``$3,302,053,000 for
each of the fiscal years 2015 through 2020''.
SEC. 412. STATE PLANS.
(a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to
participate'' and all that follows and inserting ``to
receive funds under this title for a fiscal year, a
State shall submit, and have approved by the Secretary
and the Secretary of Labor, a unified State plan in
accordance with section 102, or a combined State plan
in accordance with section 103, of the Workforce
Innovation and Opportunity Act. The unified or combined
State plan shall include, in the portion of the plan
described in section 102(b)(2)(D) of such Act (referred
to in this subsection as the `vocational rehabilitation
services portion'), the provisions of a State plan for
vocational rehabilitation services, described in this
subsection.''; and
(B) in subparagraph (B)--
(i) by striking ``in the State plan for
vocational rehabilitation services,'' and
inserting ``as part of the vocational
rehabilitation services portion of the unified
or combined State plan submitted in accordance
with subparagraph (A),''; and
(ii) by striking ``Rehabilitation Act
Amendments of 1998'' and inserting ``Workforce
Innovation and Opportunity Act''; and
(C) in subparagraph (C)--
(i) by striking ``The State plan shall
remain in effect subject to the submission of
such modifications'' and inserting ``The
vocational rehabilitation services portion of
the unified or combined State plan submitted in
accordance with subparagraph (A) shall remain
in effect until the State submits and receives
approval of a new State plan in accordance with
subparagraph (A), or until the submission of
such modifications''; and
(ii) by striking ``, until the State
submits and receives approval of a new State
plan'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``The State
plan'' and inserting ``The State plan for vocational
rehabilitation services''; and
(B) in subparagraph (B)(ii)--
(i) in subclause (II), by inserting ``who
is responsible for the day-to-day operation of
the vocational rehabilitation program'' before
the semicolon;
(ii) in subclause (III), by striking
``and'' at the end;
(iii) in subclause (IV), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(V) has the sole authority and
responsibility within the designated
State agency described in subparagraph
(A) to expend funds made available
under this title in a manner that is
consistent with the purposes of this
title.'';
(3) in paragraph (5)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) notwithstanding subparagraph (C), permit the
State, in its discretion, to elect to serve eligible
individuals (whether or not receiving vocational
rehabilitation services) who require specific services
or equipment to maintain employment; and'';
(4) in paragraph (7)--
(A) in subparagraph (A)(v)--
(i) in subclause (I), after
``rehabilitation technology'' insert the
following: ``, including training implemented
in coordination with entities carrying out
State programs under section 4 of the Assistive
Technology Act of 1998 (29 U.S.C. 3003)''; and
(ii) in subclause (II), by striking
``Rehabilitation Act Amendments of 1998'' and
inserting ``Workforce Innovation and
Opportunity Act''; and
(B) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) the establishment and maintenance of
education and experience requirements, to
ensure that the personnel have a 21st century
understanding of the evolving labor force and
the needs of individuals with disabilities,
including requirements for--
``(I)(aa) attainment of a
baccalaureate degree in a field of
study reasonably related to vocational
rehabilitation, to indicate a level of
competency and skill demonstrating
basic preparation in a field of study
such as vocational rehabilitation
counseling, social work, psychology,
disability studies, business
administration, human resources,
special education, supported
employment, customized employment,
economics, or another field that
reasonably prepares individuals to work
with consumers and employers; and
``(bb) demonstrated paid or unpaid
experience, for not less than 1 year,
consisting of--
``(AA) direct work with
individuals with disabilities
in a setting such as an
independent living center;
``(BB) direct service or
advocacy activities that
provide such individual with
experience and skills in
working with individuals with
disabilities; or
``(CC) direct experience as
an employer, as a small
business owner or operator, or
in self-employment, or other
experience in human resources,
recruitment, or experience in
supervising employees,
training, or other activities
that provide experience in
competitive integrated
employment environments; or
``(II) attainment of a master's or
doctoral degree in a field of study
such as vocational rehabilitation
counseling, law, social work,
psychology, disability studies,
business administration, human
resources, special education,
management, public administration, or
another field that reasonably provides
competence in the employment sector, in
a disability field, or in both
business-related and rehabilitation-
related fields; and'';
(5) in paragraph (8)--
(A) in subparagraph (A)(i)--
(i) by inserting ``an accommodation or
auxiliary aid or service or'' after ``prior to
providing''; and
(ii) by striking ``(5)(D)'' and inserting
``(5)(E)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``medicaid'' and
inserting ``Medicaid'';
(II) by striking ``workforce
investment system'' and inserting
``workforce development system'';
(III) by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(IV) by inserting ``and, if
appropriate, accommodations or
auxiliary aids and services,'' before
``that are included''; and
(V) by striking ``provision of such
vocational rehabilitation services''
and inserting ``provision of such
vocational rehabilitation services
(including, if appropriate,
accommodations or auxiliary aids and
services)''; and
(ii) in clause (iv)--
(I) by striking ``(5)(D)'' and
inserting ``(5)(E)''; and
(II) by inserting ``, and
accommodations or auxiliary aids and
services'' before the period; and
(C) in subparagraph (C)(i), by striking ``(5)(D)''
and inserting ``(5)(E)'';
(6) in paragraph (10)--
(A) in subparagraph (B), by striking ``annual'' and
all that follows through ``of 1998'' and inserting
``annual reporting of information, on eligible
individuals receiving the services, that is necessary
to assess the State's performance on the standards and
indicators described in section 106(a)'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``, from each State,'' after
``additional data'';
(ii) by striking clause (i) and inserting:
``(i) the number of applicants and the
number of individuals determined to be eligible
or ineligible for the program carried out under
this title, including the number of individuals
determined to be ineligible (disaggregated by
type of disability and age);'';
(iii) in clause (ii)--
(I) in subclause (I), by striking
``(5)(D)'' and inserting ``(5)(E)'';
(II) in subclause (II), by striking
``and'' at the end; and
(III) by adding at the end the
following:
``(IV) the number of individuals
with open cases (disaggregated by those
who are receiving training and those
who are in postsecondary education),
and the type of services the
individuals are receiving (including
supported employment);
``(V) the number of students with
disabilities who are receiving pre-
employment transition services under
this title: and
``(VI) the number of individuals
referred to State vocational
rehabilitation programs by one-stop
operators (as defined in section 3 of
the Workforce Innovation and
Opportunity Act), and the number of
individuals referred to such one-stop
operators by State vocational
rehabilitation programs;''; and
(iv) in clause (iv)(I), by inserting before
the semicolon the following: ``and, for those
who achieved employment outcomes, the average
length of time to obtain employment'';
(C) in subparagraph (D)(i), by striking ``title I
of the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity
Act'';
(D) in subparagraph (E)(ii), by striking ``of the
State'' and all that follows and inserting ``of the
State in meeting the standards and indicators
established pursuant to section 106.''; and
(E) by adding at the end the following:
``(G) Rules for reporting of data.--The
disaggregation of data under this Act shall not be
required within a category if the number of individuals
in a category is insufficient to yield statistically
reliable information, or if the results would reveal
personally identifiable information about an
individual.
``(H) Comprehensive report.--The State plan shall
specify that the Commissioner will provide an annual
comprehensive report that includes the reports and data
required under this section, as well as a summary of
the reports and data, for each fiscal year. The
Commissioner shall submit the report to the Committee
on Education and the Workforce of the House of
Representatives, the Committee on Appropriations of the
House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Appropriations of the Senate, not later
than 90 days after the end of the fiscal year
involved.'';
(7) in paragraph (11)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``workforce investment systems'' and inserting
``workforce development systems'';
(ii) in the matter preceding clause (i), by
striking ``workforce investment system'' and
inserting ``workforce development system'';
(iii) in clause (i)(II)--
(I) by striking ``investment'' and
inserting ``development''; and
(II) by inserting ``(including
programmatic accessibility and physical
accessibility)'' after ``program
accessibility'';
(iv) in clause (ii), by striking
``workforce investment system'' and inserting
``workforce development system''; and
(v) in clause (v), by striking ``workforce
investment system'' and inserting ``workforce
development system'';
(B) in subparagraph (B), by striking ``workforce
investment system'' and inserting ``workforce
development system'';
(C) in subparagraph (C)--
(i) by inserting ``the State programs
carried out under section 4 of the Assistive
Technology Act of 1998 (29 U.S.C. 3003),''
after ``including'';
(ii) by inserting ``, noneducational
agencies serving out-of-school youth,'' after
``Agriculture''; and
(iii) by striking ``such agencies and
programs'' and inserting ``such Federal, State,
and local agencies and programs''; and
(iv) by striking ``workforce investment
system'' and inserting ``workforce development
system'';
(D) in subparagraph (D)--
(i) in the matter preceding clause (i), by
inserting ``, including pre-employment
transition services,'' before ``under this
title'';
(ii) in clause (i), by inserting ``, which
may be provided using alternative means for
meeting participation (such as video
conferences and conference calls),'' after
``consultation and technical assistance''; and
(iii) in clause (ii), by striking
``completion'' and inserting
``implementation'';
(E) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(F) by inserting after subparagraph (D) the
following:
``(E) Coordination with employers.--The State plan
shall describe how the designated State unit will work
with employers to identify competitive integrated
employment opportunities and career exploration
opportunities, in order to facilitate the provision
of--
``(i) vocational rehabilitation services;
and
``(ii) transition services for youth with
disabilities and students with disabilities,
such as pre-employment transition services.'';
(G) in subparagraph (F), as redesignated by
subparagraph (E) of this paragraph--
(i) by inserting ``chapter 1 of'' after
``part C of''; and
(ii) by inserting ``, as appropriate''
before the period;
(H) by inserting after subparagraph (F), as
redesignated by subparagraph (E) of this paragraph, the
following:
``(G) Cooperative agreement regarding individuals
eligible for home and community-based waiver
programs.--The State plan shall include an assurance
that the designated State unit has entered into a
formal cooperative agreement with the State agency
responsible for administering the State Medicaid plan
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the State agency with primary
responsibility for providing services and supports for
individuals with intellectual disabilities and
individuals with developmental disabilities, with
respect to the delivery of vocational rehabilitation
services, including extended services, for individuals
with the most significant disabilities who have been
determined to be eligible for home and community-based
services under a Medicaid waiver, Medicaid State plan
amendment, or other authority related to a State
Medicaid program.'';
(I) in subparagraph (H), as redesignated by
subparagraph (E) of this paragraph--
(i) in clause (ii)--
(I) by inserting ``on or'' before
``near''; and
(II) by striking ``and'' at the
end;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) strategies for the provision of
transition planning, by personnel of the
designated State unit, the State educational
agency, and the recipient of funds under part
C, that will facilitate the development and
approval of the individualized plans for
employment under section 102; and''; and
(J) by adding at the end the following:
``(I) Coordination with assistive technology
programs.--The State plan shall include an assurance
that the designated State unit, and the lead agency and
implementing entity (if any) designated by the Governor
of the State under section 4 of the Assistive
Technology Act of 1998 (29 U.S.C. 3003), have developed
working relationships and will enter into agreements
for the coordination of their activities, including the
referral of individuals with disabilities to programs
and activities described in that section.
``(J) Coordination with ticket to work and self-
sufficiency program.--The State plan shall include an
assurance that the designated State unit will
coordinate activities with any other State agency that
is functioning as an employment network under the
Ticket to Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act (42
U.S.C. 1320b-19).
``(K) Interagency cooperation.--The State plan
shall describe how the designated State agency or
agencies (if more than 1 agency is designated under
paragraph (2)(A)) will collaborate with the State
agency responsible for administering the State Medicaid
plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), the State agency responsible for
providing services for individuals with developmental
disabilities, and the State agency responsible for
providing mental health services, to develop
opportunities for community-based employment in
integrated settings, to the greatest extent
practicable.'';
(8) in paragraph (14)--
(A) in the paragraph header, by striking ``Annual''
and inserting ``Semiannual'';
(B) in subparagraph (A)--
(i) by striking ``an annual'' and inserting
``a semiannual'';
(ii) by striking ``has achieved an
employment outcome'' and inserting ``is
employed'';
(iii) by striking ``achievement of the
outcome'' and all that follows through
``representative)'' and inserting ``beginning
of such employment, and annually thereafter'';
(iv) by striking ``to competitive'' and all
that follows and inserting the following: ``to
competitive integrated employment or training
for competitive integrated employment;'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) in subparagraph (C), by striking ``the
individuals described'' and all that follows and
inserting ``individuals described in subparagraph (A)
in attaining competitive integrated employment; and'';
and
(E) by adding at the end the following:
``(D) an assurance that the State will report the
information generated under subparagraphs (A), (B), and
(C), for each of the individuals, to the Administrator
of the Wage and Hour Division of the Department of
Labor for each fiscal year, not later than 60 days
after the end of the fiscal year.'';
(9) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking
``and'' at the end;
(II) in subclause (III)--
(aa) by striking
``workforce investment system''
and inserting ``workforce
development system''; and
(bb) by adding ``and'' at
the end; and
(III) by adding at the end the
following:
``(IV) youth with disabilities, and
students with disabilities, including
their need for pre-employment
transition services or other transition
services;'';
(ii) by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively;
and
(iii) by inserting after clause (i) the
following:
``(ii) include an assessment of the needs
of individuals with disabilities for transition
services and pre-employment transition
services, and the extent to which such services
provided under this Act are coordinated with
transition services provided under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) in order to meet the needs
of individuals with disabilities.'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by striking ``part B of title
VI'' and inserting ``title VI''; and
(II) by striking ``and'' at the
end;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) the number of individuals who are
eligible for services under this title, but are
not receiving such services due to an order of
selection; and''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (iii) through
(v) as clauses (iv) through (vi), respectively;
(ii) by inserting after clause (ii) the
following:
``(iii) the methods to be used to improve
and expand vocational rehabilitation services
for students with disabilities, including the
coordination of services designed to facilitate
the transition of such students from the
receipt of educational services in school to
postsecondary life (including the receipt of
vocational rehabilitation services under this
title, postsecondary education, employment, and
pre-employment transition services);''; and
(iii) in clause (vi), as redesignated by
clause (i) of this subparagraph, by striking
``workforce investment system'' and inserting
``workforce development system'';
(10) in paragraph (20), in subparagraphs (A) and (B)(i), by
striking ``workforce investment system'' and inserting
``workforce development system'';
(11) in paragraph (22), by striking ``part B of title VI''
and inserting ``title VI''; and
(12) by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan shall provide an assurance that, with respect to students
with disabilities, the State--
``(A) has developed and will implement--
``(i) strategies to address the needs
identified in the assessments described in
paragraph (15); and
``(ii) strategies to achieve the goals and
priorities identified by the State, in
accordance with paragraph (15), to improve and
expand vocational rehabilitation services for
students with disabilities on a statewide
basis; and
``(B) has developed and will implement strategies
to provide pre-employment transition services.
``(26) Job growth and development.--The State plan shall
provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or occupations
under sections 106(c) and 108 of the Workforce Innovation and
Opportunity Act to increase competitive integrated employment
opportunities for individuals with disabilities.''.
(b) Approval.--Section 101(b) (29 U.S.C. 721(b)) is amended to read
as follows:
``(b) Submission; Approval; Modification.--The State plan for
vocational rehabilitation services shall be subject to--
``(1) subsection (c) of section 102 of the Workforce
Innovation and Opportunity Act, in a case in which that plan is
a portion of the unified State plan described in that section
102; and
``(2) subsection (b), and paragraphs (1), (2), and (3) of
subsection (c), of section 103 of such Act in a case in which
that State plan for vocational rehabilitation services is a
portion of the combined State plan described in that section
103.''.
(c) Construction.--Section 101 (29 U.S.C. 721) is amended by adding
at the end the following:
``(c) Construction.--Nothing in this part shall be construed to
reduce the obligation under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) of a local educational agency or any other
agency to provide or pay for any transition services that are also
considered special education or related services and that are necessary
for ensuring a free appropriate public education to children with
disabilities within the State involved.''.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``is an'' and
inserting ``has undergone an assessment for determining
eligibility and vocational rehabilitation needs and as
a result has been determined to be an'';
(B) in subparagraph (B), by striking ``or regain
employment.'' and inserting ``advance in, or regain
employment that is consistent with the individual's
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.''; and
(C) by adding at the end the following: ``For
purposes of an assessment for determining eligibility
and vocational rehabilitation needs under this Act, an
individual shall be presumed to have a goal of an
employment outcome.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``Demonstration'' and inserting ``Applicants'';
and
(ii) by striking ``, unless'' and all that
follows and inserting a period; and
(B) in subparagraph (B)--
(i) in the subparagraph header, by striking
``Methods'' and inserting ``Responsibilities'';
(ii) in the first sentence--
(I) by striking ``In making the
demonstration required under
subparagraph (A),'' and inserting
``Prior to determining under this
subsection that an applicant described
in subparagraph (A) is unable to
benefit due to the severity of the
individual's disability or that the
individual is ineligible for vocational
rehabilitation services,''; and
(II) by striking ``, except under''
and all that follows and inserting a
period; and
(iii) in the second sentence, by striking
``individual or to determine'' and all that
follows and inserting ``individual. In
providing the trial experiences, the designated
State unit shall provide the individual with
the opportunity to try different employment
experiences, including supported employment,
and the opportunity to become employed in
competitive integrated employment.'';
(3) in paragraph (3)(A)(ii), by striking ``outcome from''
and all that follows and inserting ``outcome due to the
severity of the individual's disability (as of the date of the
determination).''; and
(4) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``If an individual'' and
inserting ``If, after the designated State unit
carries out the activities described in
paragraph (2)(B), a review of existing data,
and, to the extent necessary, the assessment
activities described in section 7(2)(A)(ii), an
individual''; and
(ii) by striking ``title is determined''
and all that follows through ``not to be'' and
inserting ``title is determined not to be'';
(B) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B), as
redesignated by subparagraph (B) of this paragraph, the
following:
``(A) the ineligibility determination shall be an
individualized one, based on the available data, and
shall not be based on assumptions about broad
categories of disabilities;''; and
(D) in clause (i) of subparagraph (C), as
redesignated by subparagraph (B) of this paragraph, by
inserting after ``determination'' the following: ``,
including the clear and convincing evidence that forms
the basis for the determination of ineligibility''.
(b) Development of an Individualized Plan for Employment, and
Related Information.--Section 102(b) (29 U.S.C. 722(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``, to the extent determined to be
appropriate by the eligible individual,''; and
(B) by inserting ``or, as appropriate, a disability
advocacy organization'' after ``counselor'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Individuals desiring to enter the workforce.--For an
individual entitled to benefits under title II or XVI of the
Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on
the basis of a disability or blindness, the designated State
unit shall provide to the individual general information on
additional supports and assistance for individuals with
disabilities desiring to enter the workforce, including
assistance with benefits planning.'';
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) amended, as necessary, to include
the postemployment services and service
providers that are necessary for the individual
to maintain or regain employment, consistent
with the individual's strengths, resources,
priorities, concerns, abilities, capabilities,
interests, and informed choice.''; and
(B) by adding at the end the following:
``(F) Timeframe for completing the individualized
plan for employment.--The individualized plan for
employment shall be developed as soon as possible, but
not later than a deadline of 90 days after the date of
the determination of eligibility described in paragraph
(1), unless the designated State unit and the eligible
individual agree to an extension of that deadline to a
specific date by which the individualized plan for
employment shall be completed.''; and
(5) in paragraph (4), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (A), by striking ``choice of
the'' and all that follows and inserting ``choice of
the eligible individual, consistent with the general
goal of competitive integrated employment (except that
in the case of an eligible individual who is a student,
the description may be a description of the student's
projected postschool employment outcome);'';
(B) in subparagraph (B)(i)--
(i) by redesignating subclause (II) as
subclause (III); and
(ii) by striking subclause (I) and
inserting the following:
``(I) needed to achieve the employment
outcome, including, as appropriate--
``(aa) the provision of assistive
technology devices and assistive
technology services (including
referrals described in section
103(a)(3) to the device reutilization
programs and demonstrations described
in subparagraphs (B) and (D) of section
4(e)(2) of the Assistive Technology Act
of 1998 (29 U.S.C. 3003(e)(2)) through
agreements developed under section
101(a)(11)(I); and
``(bb) personal assistance services
(including training in the management
of such services);
``(II) in the case of a plan for an
eligible individual that is a student, the
specific transition services and supports
needed to achieve the student's employment
outcome or projected postschool employment
outcome; and'';
(C) in subparagraph (F), by striking ``and'' at the
end;
(D) in subparagraph (G), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) for an individual who also is receiving
assistance from an employment network under the Ticket
to Work and Self-Sufficiency Program established under
section 1148 of the Social Security Act (42 U.S.C.
1320b-19), a description of how responsibility for
service delivery will be divided between the employment
network and the designated State unit.''.
(c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is amended--
(1) in paragraph (1), by adding at the end the following:
``The procedures shall allow an applicant or an eligible
individual the opportunity to request mediation, an impartial
due process hearing, or both procedures.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) any applicable State limit on the
time by which a request for mediation under
paragraph (4) or a hearing under paragraph (5)
shall be made, and any required procedure by
which the request shall be made.''; and
(3) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Officer.--A due process hearing described in
paragraph (2) shall be conducted by an impartial
hearing officer who, on reviewing the evidence
presented, shall issue a written decision based on the
provisions of the approved State plan, requirements
specified in this Act (including regulations
implementing this Act), and State regulations and
policies that are consistent with the Federal
requirements specified in this title. The officer shall
provide the written decision to the applicant or
eligible individual, or, as appropriate, the
applicant's representative or individual's
representative, and to the designated State unit. The
impartial hearing officer shall have the authority to
render a decision and require actions regarding the
applicant's or eligible individual's vocational
rehabilitation services under this title.''; and
(B) in subparagraph (B), by striking ``in laws''
and inserting ``about Federal laws''.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)--
(A) in paragraph (13), by striking ``workforce
investment system'' and inserting ``workforce
development system'';
(B) by striking paragraph (15) and inserting the
following:
``(15) transition services for students with disabilities,
that facilitate the transition from school to postsecondary
life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment transition
services;'';
(C) by redesignating paragraphs (17) and (18) as
paragraphs (19) and (20), respectively; and
(D) by inserting after paragraph (16) the
following:
``(17) customized employment;
``(18) encouraging qualified individuals who are eligible
to receive services under this title to pursue advanced
training in a science, technology, engineering, or mathematics
(including computer science) field, medicine, law, or
business;''.
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(A)''; and
(II) by striking the second
sentence and inserting ``Such programs
shall be used to provide services
described in this section that promote
integration into the community and that
prepare individuals with disabilities
for competitive integrated employment,
including supported employment and
customized employment.''; and
(ii) by striking subparagraph (B);
(B) by striking paragraph (5) and inserting the
following:
``(5) Technical assistance to businesses that are seeking
to employ individuals with disabilities.''; and
(C) by striking paragraph (6) and inserting the
following:
``(6) Consultation and technical assistance services to
assist State educational agencies and local educational
agencies in planning for the transition of students with
disabilities from school to postsecondary life, including
employment.
``(7) Transition services to youth with disabilities and
students with disabilities, for which a vocational
rehabilitation counselor works in concert with educational
agencies, providers of job training programs, providers of
services under the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), entities
designated by the State to provide services for individuals
with developmental disabilities, centers for independent living
(as defined in section 702), housing and transportation
authorities, workforce development systems, and businesses and
employers.
``(8) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) to promote access to assistive technology for individuals
with disabilities and employers.
``(9) Support (including, as appropriate, tuition) for
advanced training in a science, technology, engineering, or
mathematics (including computer science) field, medicine, law,
or business, provided after an individual eligible to receive
services under this title, demonstrates--
``(A) such eligibility;
``(B) previous completion of a bachelor's degree
program at an institution of higher education or
scheduled completion of such degree program prior to
matriculating in the program for which the individual
proposes to use the support; and
``(C) acceptance by a program at an institution of
higher education in the United States that confers a
master's degree in a science, technology, engineering,
or mathematics (including computer science) field, a
juris doctor degree, a master of business
administration degree, or a doctor of medicine degree,
except that the limitations of subsection (a)(5) that apply to
training services shall apply to support described in this
paragraph, and nothing in this paragraph shall prevent any
designated State unit from providing similar support to
individuals with disabilities within the State who are eligible
to receive support under this title and who are not served
under this paragraph.''.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)(A)--
(A) by striking clause (ix) and inserting the
following:
``(ix) in a State in which one or more
projects are funded under section 121, at least
one representative of the directors of the
projects located in such State;''; and
(B) in clause (xi), by striking ``State workforce
investment board'' and inserting ``State workforce
development board''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``State workforce investment board'' and
inserting ``State workforce development board''; and
(B) in paragraph (6), by striking ``Service Act''
and all that follows and inserting ``Service Act (42
U.S.C. 300x-3(a)) and the State workforce development
board, and with the activities of entities carrying out
programs under the Assistive Technology Act of 1998 (29
U.S.C. 3001 et seq.);''.
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106 (29 U.S.C. 726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Standards and indicators.--The evaluation standards
and performance indicators for the vocational rehabilitation
program carried out under this title shall be subject to the
performance accountability provisions described in section
116(b) of the Workforce Innovation and Opportunity Act.
``(2) Additional performance accountability indicators.--A
State may establish and provide information on additional
performance accountability indicators, which shall be
identified in the State plan submitted under section 101.'';
and
(2) in subsection (b)(2)(B)(i), by striking ``review the
program'' and all that follows through ``request the State''
and inserting ``on a biannual basis, review the program
improvement efforts of the State and, if the State has not
improved its performance to acceptable levels, as determined by
the Commissioner, direct the State''.
SEC. 417. MONITORING AND REVIEW.
(a) In General.--Section 107 (29 U.S.C. 727) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(E), by inserting before the
period the following: ``, including personnel of a
client assistance program under section 112, and past
or current recipients of vocational rehabilitation
services''; and
(B) in paragraph (4)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) the eligibility process, including the
process related to the determination of ineligibility
under section 102(a)(5);
``(B) the provision of services, including
supported employment services and pre-employment
transition services, and, if applicable, the order of
selection;'';
(ii) in subparagraph (C), by striking
``and'' at the end;
(iii) by redesignating subparagraph (D) as
subparagraph (E); and
(iv) by inserting after subparagraph (C)
the following:
``(D) data reported under section 101(a)(10)(C)(i);
and''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) provide technical assistance to programs under this
title to--
``(A) promote high-quality employment outcomes for
individuals with disabilities;
``(B) integrate veterans who are individuals with
disabilities into their communities and to support the
veterans to obtain and retain competitive integrated
employment;
``(C) develop, improve, and disseminate information
on procedures, practices, and strategies, including for
the preparation of personnel, to better enable
individuals with intellectual disabilities and other
individuals with disabilities to participate in
postsecondary educational experiences and to obtain and
retain competitive integrated employment; and
``(D) apply evidence-based findings to facilitate
systemic improvements in the transition of youth with
disabilities to postsecondary life.''.
(b) Technical Amendment.--Section 108(a) (29 U.S.C. 728(a)) is
amended by striking ``part B of title VI'' and inserting ``title VI''.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
``SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
``A State may expend payments received under section 111 to educate
and provide services to employers who have hired or are interested in
hiring individuals with disabilities under programs carried out under
this title, including--
``(1) providing training and technical assistance to
employers regarding the employment of individuals with
disabilities, including disability awareness, and the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and other employment-related laws;
``(2) working with employers to--
``(A) provide opportunities for work-based learning
experiences (including internships, short-term
employment, apprenticeships, and fellowships), and
opportunities for pre-employment transition services;
``(B) recruit qualified applicants who are
individuals with disabilities;
``(C) train employees who are individuals with
disabilities; and
``(D) promote awareness of disability-related
obstacles to continued employment;
``(3) providing consultation, technical assistance, and
support to employers on workplace accommodations, assistive
technology, and facilities and workplace access through
collaboration with community partners and employers, across
States and nationally, to enable the employers to recruit, job
match, hire, and retain qualified individuals with disabilities
who are recipients of vocational rehabilitation services under
this title, or who are applicants for such services; and
``(4) assisting employers with utilizing available
financial support for hiring or accommodating individuals with
disabilities.''.
SEC. 419. STATE ALLOTMENTS.
Section 110 (29 U.S.C. 730) is amended--
(1) in subsection (a)(1), by striking ``Subject to the
provisions of subsection (c)'' and inserting ``Subject to the
provisions of subsections (c) and (d),'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``1987'' and
inserting ``2015''; and
(B) in paragraph (2)--
(i) by striking ``Secretary'' and all that
follows through ``(B)'' and inserting
``Secretary,''; and
(ii) by striking ``2000 through 2003'' and
inserting ``2015 through 2020''; and
(3) by adding at the end the following:
``(d)(1) From any State allotment under subsection (a) for a fiscal
year, the State shall reserve not less than 15 percent of the allotted
funds for the provision of pre-employment transition services.
``(2) Such reserved funds shall not be used to pay for the
administrative costs of providing pre-employment transition
services.''.
SEC. 420. PAYMENTS TO STATES.
Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended--
(1) by striking ``For fiscal year 1994 and each fiscal year
thereafter, the'' and inserting ``The'';
(2) by striking ``this title for the previous'' and
inserting ``this title for any previous''; and
(3) by striking ``year preceding the previous'' and
inserting ``year preceding that previous''.
SEC. 421. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended--
(1) in subsection (a), in the first sentence, by inserting
``including under sections 113 and 511,'' after ``all available
benefits under this Act,'';
(2) in subsection (b), by striking ``not later than October
1, 1984,'';
(3) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``The
Secretary shall allot'' and inserting ``After reserving
funds under subparagraphs (E) and (F), the Secretary
shall allot the remainder of''; and
(B) by adding at the end the following:
``(E)(i) The Secretary shall reserve funds appropriated under
subsection (h) to make a grant to the protection and advocacy system
serving the American Indian Consortium to provide services in
accordance with this section. The amount of such a grant shall be the
same amount as is provided to a territory under this subsection.
``(ii) In this subparagraph:
``(I) The term `American Indian Consortium' has the meaning
given the term in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(II) The term `protection and advocacy system' means a
protection and advocacy system established under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
``(F) For any fiscal year for which the amount appropriated under
subsection (h) equals or exceeds $14,000,000, the Secretary may reserve
not less than 1.8 percent and not more than 2.2 percent of such amount
to provide a grant for training and technical assistance for the
programs established under this section. Such training and technical
assistance shall be coordinated with activities provided under section
509(c)(1)(A).''; and
(4) by striking subsection (h) and inserting the following:
``(h) There are authorized to be appropriated to carry out the
provisions of this section--
``(1) $12,000,000 for fiscal year 2015;
``(2) $12,927,000 for fiscal year 2016;
``(3) $13,195,000 for fiscal year 2017;
``(4) $13,488,000 for fiscal year 2018;
``(5) $13,805,000 for fiscal year 2019; and
``(6) $14,098,000 for fiscal year 2020.''.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.) is further amended by
adding at the end the following:
``SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES.
``(a) In General.--From the funds reserved under section 110(d),
and any funds made available from State, local, or private funding
sources, each State shall ensure that the designated State unit, in
collaboration with the local educational agencies involved, shall
provide, or arrange for the provision of, pre-employment transition
services for all students with disabilities in need of such services
who are eligible or potentially eligible for services under this title.
``(b) Required Activities.--Funds available under subsection (a)
shall be used to make available to students with disabilities described
in subsection (a)--
``(1) job exploration counseling;
``(2) work-based learning experiences, which may include
in-school or after school opportunities, or experience outside
the traditional school setting (including internships), that is
provided in an integrated environment to the maximum extent
possible;
``(3) counseling on opportunities for enrollment in
comprehensive transition or postsecondary educational programs
at institutions of higher education;
``(4) workplace readiness training to develop social skills
and independent living; and
``(5) instruction in self-advocacy, which may include peer
mentoring.
``(c) Authorized Activities.--Funds available under subsection (a)
and remaining after the provision of the required activities described
in subsection (b) may be used to improve the transition of students
with disabilities described in subsection (a) from school to
postsecondary education or an employment outcome by--
``(1) implementing effective strategies to increase the
likelihood of independent living and inclusion in communities
and competitive integrated workplaces;
``(2) developing and improving strategies for individuals
with intellectual disabilities and individuals with significant
disabilities to live independently, participate in
postsecondary education experiences, and obtain and retain
competitive integrated employment;
``(3) providing instruction to vocational rehabilitation
counselors, school transition personnel, and other persons
supporting students with disabilities;
``(4) disseminating information about innovative,
effective, and efficient approaches to achieve the goals of
this section;
``(5) coordinating activities with transition services
provided by local educational agencies under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(6) applying evidence-based findings to improve policy,
procedure, practice, and the preparation of personnel, in order
to better achieve the goals of this section;
``(7) developing model transition demonstration projects;
``(8) establishing or supporting multistate or regional
partnerships involving States, local educational agencies,
designated State units, developmental disability agencies,
private businesses, or other participants to achieve the goals
of this section; and
``(9) disseminating information and strategies to improve
the transition to postsecondary activities of individuals who
are members of traditionally unserved populations.
``(d) Pre-Employment Transition Coordination.--Each local office of
a designated State unit shall carry out responsibilities consisting
of--
``(1) attending individualized education program meetings
for students with disabilities, when invited;
``(2) working with the local workforce development boards,
one-stop centers, and employers to develop work opportunities
for students with disabilities, including internships, summer
employment and other employment opportunities available
throughout the school year, and apprenticeships;
``(3) work with schools, including those carrying out
activities under section 614(d)(1)(A)(i)(VIII) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision
of pre-employment transition services under this section; and
``(4) when invited, attend person-centered planning
meetings for individuals receiving services under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.).
``(e) National Pre-employment Transition Coordination.--The
Secretary shall support designated State agencies providing services
under this section, highlight best State practices, and consult with
other Federal agencies to advance the goals of this section.
``(f) Support.--In carrying out this section, States shall address
the transition needs of all students with disabilities, including such
students with physical, sensory, intellectual, and mental health
disabilities.''.
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ``(referred to in this section
as `eligible individuals'), consistent with such eligible
individuals' strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice, so
that such individuals may prepare for, and engage in, high-
quality employment that will increase opportunities for
economic self-sufficiency'';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) contains assurances that--
``(i) all decisions affecting eligibility
for vocational rehabilitation services, the
nature and scope of available vocational
rehabilitation services and the provision of
such services will, consistent with this title,
be made by a representative of the tribal
vocational rehabilitation program funded
through the grant; and
``(ii) such decisions will not be delegated
to another agency or individual.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c)(1) From the funds appropriated and made available to carry
out this part for any fiscal year, beginning with fiscal year 2015, the
Commissioner shall first reserve not less than 1.8 percent and not more
than 2 percent of the funds to provide training and technical
assistance to governing bodies described in subsection (a) for such
fiscal year.
``(2) From the funds reserved under paragraph (1), the Commissioner
shall make grants to, or enter into contracts or other cooperative
agreements with, entities that have experience in the operation of
vocational rehabilitation services programs under this section to
provide such training and technical assistance with respect to
developing, conducting, administering, and evaluating such programs.
``(3) The Commissioner shall conduct a survey of the governing
bodies regarding training and technical assistance needs in order to
determine funding priorities for such grants, contracts, or cooperative
agreements.
``(4) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, such an entity shall submit
an application to the Commissioner at such time, in such manner, and
containing a proposal to provide such training and technical
assistance, and containing such additional information as the
Commissioner may require. The Commissioner shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the operation of
vocational rehabilitation services programs under this section.''.
SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION.
Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by striking
``title I of the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity Act''.
Subtitle C--Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended--
(1) in paragraph (1), by inserting ``technical
assistance,'' after ``training,'';
(2) in paragraph (2), by inserting ``technical
assistance,'' after ``training,'';
(3) in paragraph (3), in the matter preceding subparagraph
(A)--
(A) by inserting ``and use'' after ``transfer'';
and
(B) by inserting ``, in a timely and efficient
manner,'' after ``disabilities''; and
(4) in paragraph (4), by striking ``distribution'' and
inserting ``dissemination'';
(5) in paragraph (5)--
(A) by inserting ``, including individuals with
intellectual and psychiatric disabilities,'' after
``disabilities''; and
(B) by striking ``and'' after the semicolon;
(6) by redesignating paragraph (6) as paragraph (7);
(7) by inserting after paragraph (5) the following:
``(6) identify strategies for effective coordination of
services to job seekers with disabilities available through
programs of one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act;'';
(8) in paragraph (7), as redesignated by paragraph (6), by
striking the period and inserting ``; and''; and
(9) by adding at the end the following:
``(8) identify effective strategies for supporting the
employment of individuals with disabilities in competitive
integrated employment.''.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201 (29 U.S.C. 761) is amended to read as follows:
``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016,
$114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018,
$119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year
2020.''.
SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING, AND
REHABILITATION RESEARCH.
Section 202 (29 U.S.C. 762) is amended--
(1) in the section heading, by inserting ``, independent
living,'' after ``disability'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``Department of Education''
and all that follows through ``which'' and
inserting ``Administration for Community Living
of the Department of Health and Human Services
a National Institute on Disability, Independent
Living, and Rehabilitation Research (referred
to in this title as the `Institute'), which'';
and
(ii) in subparagraph (A)--
(I) in clause (ii), by striking
``and training; and'' and inserting ``,
training, and technical assistance;'';
(II) by redesignating clause (iii)
as clause (iv); and
(III) by inserting after clause
(ii) the following:
``(iii) outreach and information that clarifies
research implications for policy and practice; and'';
and
(B) in paragraph (2), by striking ``directly'' and
all that follows through the period and inserting
``directly responsible to the Administrator for the
Administration for Community Living of the Department
of Health and Human Services.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) private organizations engaged in research
relating to--
``(i) independent living;
``(ii) rehabilitation; or
``(iii) providing rehabilitation or
independent living services;'';
(B) in paragraph (3), by striking ``in
rehabilitation'' and inserting ``on disability,
independent living, and rehabilitation'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting ``education, health and
wellness,'' after ``independent living,''; and
(ii) by striking subparagraphs (A) through
(D) and inserting the following:
``(A) public and private entities, including--
``(i) elementary schools and secondary
schools (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)); and
``(ii) institutions of higher education;
``(B) rehabilitation practitioners;
``(C) employers and organizations representing
employers with respect to employment-based educational
materials or research;
``(D) individuals with disabilities (especially
such individuals who are members of minority groups or
of populations that are unserved or underserved by
programs under this Act);
``(E) the individuals' representatives for the
individuals described in subparagraph (D); and
``(F) the Committee on Education and the Workforce
of the House of Representatives, the Committee on
Appropriations of the House of Representatives, the
Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Appropriations of the
Senate;'';
(D) in paragraph (6)--
(i) by striking ``advances in
rehabilitation'' and inserting ``advances in
disability, independent living, and
rehabilitation''; and
(ii) by inserting ``education, health and
wellness,'' after ``employment, independent
living,'';
(E) by striking paragraph (7);
(F) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(G) in paragraph (7), as redesignated by
subparagraph (F)--
(i) by striking ``health, income,'' and
inserting ``health and wellness, income,
education,''; and
(ii) by striking ``and evaluation of
vocational and other'' and inserting ``and
evaluation of independent living, vocational,
and'';
(H) in paragraph (8), as redesignated by
subparagraph (F), by striking ``with vocational
rehabilitation services for the purpose of identifying
effective rehabilitation programs and policies that
promote the independence of individuals with
disabilities and achievement of long-term vocational
goals'' and inserting ``with independent living and
vocational rehabilitation services for the purpose of
identifying effective independent living and
rehabilitation programs and policies that promote the
independence of individuals with disabilities and
achievement of long-term independent living and
employment goals''; and
(I) in paragraph (9), as redesignated by
subparagraph (F), by striking ``and telecommuting;
and'' and inserting ``, supported employment (including
customized employment), and telecommuting; and'';
(4) in subsection (d)(1), by striking the second sentence
and inserting the following: ``The Director shall be an
individual with substantial knowledge of and experience in
independent living, rehabilitation, and research
administration.'';
(5) in subsection (f)(1), by striking the second sentence
and inserting the following: ``The scientific peer review shall
be conducted by individuals who are not Department of Health
and Human Services employees. The Secretary shall consider for
peer review individuals who are scientists or other experts in
disability, independent living, and rehabilitation, including
individuals with disabilities and the individuals'
representatives, and who have sufficient expertise to review
the projects.'';
(6) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``priorities for
rehabilitation research,'' and inserting
``priorities for disability, independent
living, and rehabilitation research,''; and
(ii) by inserting ``dissemination,'' after
``training,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``especially in the area of employment'' and
inserting ``especially in the areas of
employment and independent living'';
(ii) in subparagraph (D)--
(I) by striking ``developed by the
Director'' and inserting ``coordinated
with the strategic plan required under
section 203(c)'';
(II) in clause (i), by striking
``Rehabilitation'' and inserting
``Disability, Independent Living, and
Rehabilitation'';
(III) in clause (ii), by striking
``Commissioner'' and inserting
``Administrator''; and
(IV) in clause (iv), by striking
``researchers in the rehabilitation
field'' and inserting ``researchers in
the independent living and
rehabilitation fields'';
(iii) by redesignating subparagraphs (E)
and (F) as subparagraphs (F) and (G),
respectively;
(iv) by inserting after subparagraph (D)
the following:
``(E) be developed by the Director;'';
(v) in subparagraph (F), as redesignated by
clause (iii), by inserting ``and information
that clarifies implications of the results for
practice,'' after ``covered activities,''; and
(vi) in subparagraph (G), as redesignated
by clause (iii), by inserting ``and information
that clarifies implications of the results for
practice'' after ``covered activities'';
(7) in subsection (j), by striking paragraph (3); and
(8) by striking subsection (k) and inserting the following:
``(k) The Director shall make grants to institutions of higher
education for the training of independent living and rehabilitation
researchers, including individuals with disabilities and traditionally
underserved populations of individuals with disabilities, as described
in section 21, with particular attention to research areas that--
``(1) support the implementation and objectives of this
Act; and
``(2) improve the effectiveness of services authorized
under this Act.
``(l)(1) Not later than December 31 of each year, the Director
shall prepare, and submit to the Secretary, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Education and the Workforce of the House of Representatives, a report
on the activities funded under this title.
``(2) The report under paragraph (1) shall include--
``(A) a compilation and summary of the information provided
by recipients of funding for such activities under this title;
``(B) a summary describing the funding received under this
title and the progress of the recipients of the funding in
achieving the measurable goals described in section 204(d)(2);
and
``(C) a summary of implications of research outcomes on
practice.
``(m)(1) If the Director determines that an entity that receives
funding under this title fails to comply with the applicable
requirements of this Act, or to make progress toward achieving the
measurable goals described in section 204(d)(2), with respect to the
covered activities involved, the Director shall utilize available
monitoring and enforcement measures.
``(2) As part of the annual report required under subsection (l),
the Secretary shall describe each action taken by the Secretary under
paragraph (1) and the outcomes of such action.''.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``conducting rehabilitation
research'' and inserting ``conducting
disability, independent living, and
rehabilitation research'';
(ii) by striking ``chaired by the
Director'' and inserting ``chaired by the
Secretary, or the Secretary's designee,'';
(iii) by inserting ``the Assistant
Secretary of Labor for Disability Employment
Policy, the Secretary of Defense, the
Administrator of the Administration for
Community Living,'' after ``Assistant Secretary
for Special Education and Rehabilitative
Services,''; and
(iv) by striking ``and the Director of the
National Science Foundation.'' and inserting
``the Director of the National Science
Foundation and the Administrator of the Small
Business Administration.''; and
(B) in paragraph (2), by inserting ``, and for not
less than 1 of such meetings at least every 2 years,
the Committee shall invite policymakers,
representatives from other Federal agencies conducting
relevant research, individuals with disabilities,
organizations representing individuals with
disabilities, researchers, and providers, to offer
input on the Committee's work, including the
development and implementation of the strategic plan
required under subsection (c)'' after ``each year'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``from targeted
individuals'' and inserting ``individuals with
disabilities''; and
(ii) by inserting ``independent living
and'' before ``rehabilitation''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``independent living research,'' after
``assistive technology research,'';
(ii) in subparagraph (B), by inserting ``,
independent living research,'' after
``technology research'';
(iii) in subparagraph (D), by striking
``and research that incorporates the principles
of universal design'' and inserting ``,
independent living research, and research that
incorporates the principles of universal
design''; and
(iv) in subparagraph (E), by striking ``and
research that incorporates the principles of
universal design.'' and inserting ``,
independent living research, and research that
incorporates the principles of universal
design.'';
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
``(c)(1) The Committee shall develop a comprehensive government
wide strategic plan for disability, independent living, and
rehabilitation research.
``(2) The strategic plan shall include, at a minimum--
``(A) a description of the--
``(i) measurable goals and objectives;
``(ii) existing resources each agency will devote
to carrying out the plan;
``(iii) timetables for completing the projects
outlined in the plan; and
``(iv) assignment of responsible individuals and
agencies for carrying out the research activities;
``(B) research priorities and recommendations;
``(C) a description of how funds from each agency will be
combined, as appropriate, for projects administered among
Federal agencies, and how such funds will be administered;
``(D) the development and ongoing maintenance of a
searchable government wide inventory of disability, independent
living, and rehabilitation research for trend and data analysis
across Federal agencies;
``(E) guiding principles, policies, and procedures,
consistent with the best research practices available, for
conducting and administering disability, independent living,
and rehabilitation research across Federal agencies; and
``(F) a summary of underemphasized and duplicative areas of
research.
``(3) The strategic plan described in this subsection shall be
submitted to the President and the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives.'';
(6) in subsection (d), as redesignated by paragraph (4)--
(A) in the matter preceding paragraph (1), by
striking ``Committee on Labor and Human Resources of
the Senate'' and inserting ``Committee on Health,
Education, Labor, and Pensions of the Senate''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) describes the progress of the Committee in fulfilling
the duties described in subsections (b) and (c), and including
specifically for subsection (c)--
``(A) a report of the progress made in implementing
the strategic plan, including progress toward
implementing the elements described in subsection
(c)(2)(A); and
``(B) detailed budget information.''; and
(7) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) the term `independent living', used in connection
with research, means research on issues and topics related to
attaining maximum self-sufficiency and function by individuals
with disabilities, including research on assistive technology
and universal design, employment, education, health and
wellness, and community integration and participation.''.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (29 U.S.C. 764) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``pay'' and inserting
``fund'';
(ii) by inserting ``have practical
applications and'' before ``maximize''; and
(iii) by striking ``employment, independent
living,'' and inserting ``employment,
education, independent living, health and
wellness,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
from which the research findings, conclusions,
or recommendations can be transferred to
practice'' after ``State agencies'';
(ii) in subparagraph (B)--
(I) by striking clause (ii) and
inserting the following:
``(ii) studies and analyses of factors related to
industrial, vocational, educational, employment, social,
recreational, psychiatric, psychological, economic, and health
and wellness variables affecting individuals with disabilities,
including traditionally underserved populations as described in
section 21, and how those variables affect such individuals'
ability to live independently and their participation in the
work force;'';
(II) in clause (iii), by striking
``are homebound'' and all that follows
and inserting ``have significant
challenges engaging in community life
outside their homes and individuals who
are in institutional settings;'';
(III) in clause (iv), by inserting
``, including the principles of
universal design and the
interoperability of products and
services'' after ``disabilities'';
(IV) in clause (v), by inserting
``, and to promoting employment
opportunities in competitive integrated
employment'' after ``employment'';
(V) in clause (vi), by striking
``and'' after the semicolon;
(VI) in clause (vii), by striking
``and assistive technology.'' and
inserting ``, assistive technology, and
communications technology; and''; and
(VII) by adding at the end the
following:
``(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including
self-employment and telecommuting, of individuals with
disabilities.''; and
(C) by adding at the end the following:
``(3) In carrying out this section, the Director shall emphasize
covered activities that include plans for--
``(A) dissemination of high-quality materials, of
scientifically valid research results, or of findings,
conclusions, and recommendations resulting from covered
activities, including through electronic means (such as the
website of the Department of Health and Human Services), so
that such information is available in a timely manner to the
general public; or
``(B) the commercialization of marketable products,
research results, or findings, resulting from the covered
activities.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(18)'' both
places the term appears and inserting ``(17)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
clauses (i) and (ii) and inserting the
following:
``(i) be operated in collaboration with institutions of
higher education, providers of rehabilitation services,
developers or providers of assistive technology devices,
assistive technology services, or information technology
devices or services, as appropriate, or providers of other
appropriate services; and
``(ii) serve as centers of national excellence and national
or regional resources for individuals with disabilities, as
well as providers, educators, and researchers.'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by adding
``independent living and''
after ``research in'';
(bb) by adding
``independent living and''
after ``will improve''; and
(cc) by striking
``alleviate or stabilize'' and
all that follows and inserting
``maximize health and function
(including alleviating or
stabilizing conditions, or
preventing secondary
conditions), and promote
maximum social and economic
independence of individuals
with disabilities, including
promoting the ability of the
individuals to prepare for,
secure, retain, regain, or
advance in employment;'';
(II) by redesignating clauses (ii),
(iii), and (iv), as clauses (iii),
(iv), and (v), respectively;
(III) by inserting after clause (i)
the following:
``(ii) conducting research in, and dissemination of,
employer-based practices to facilitate the identification,
recruitment, accommodation, advancement, and retention of
qualified individuals with disabilities;'';
(IV) in clause (iii), as
redesignated by subclause (II), by
inserting ``independent living and''
before ``rehabilitation services'';
(V) in clause (iv), as redesignated
by subclause (II)--
(aa) by inserting
``independent living and''
before ``rehabilitation'' each
place the term appears; and
(bb) by striking ``and''
after the semicolon; and
(VI) by striking clause (v), as
redesignated by subclause (II), and
inserting the following:
``(v) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to
providers, educators, and researchers, by providing outreach
and information that clarifies research implications for
practice and identifies potential new areas of research; and
``(vi) developing practical applications for the research
findings of the Centers.'';
(iii) in subparagraph (C)--
(I) in clause (i), by inserting ``,
including research on assistive
technology devices, assistive
technology services, and accessible
electronic and information technology
devices'' after ``research'';
(II) in clause (ii)--
(aa) by striking ``and
social'' and inserting ``,
social, and economic''; and
(bb) by inserting
``independent living and''
before ``rehabilitation''; and
(III) by striking clauses (iii) and
(iv);
(IV) by redesignating clauses (v)
and (vi) as clauses (iii) and (iv),
respectively;
(V) in clause (iii), as
redesignated by subclause (IV), by
striking ``to develop'' and all that
follows and inserting ``that promotes
the emotional, social, educational, and
functional growth of children who are
individuals with disabilities, as well
as their integration in school,
employment, and community
activities;'';
(VI) in clause (iv), as
redesignated by subclause (IV), by
striking ``that will improve'' and all
that follows and inserting ``to develop
and evaluate interventions, policies,
and services that support families of
those children and adults who are
individuals with disabilities;''; and
(VII) by adding at the end the
following:
``(v) continuation of research that will improve services
and policies that foster the independence and social
integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with
intellectual disabilities and other developmental disabilities,
to live in their communities; and
``(vi) research, dissemination, and technical assistance,
on best practices in vocational rehabilitation, including
supported employment and other strategies to promote
competitive integrated employment for persons with the most
significant disabilities.'';
(iv) by striking subparagraph (D) and
inserting the following:
``(D) Training of students preparing to be independent living or
rehabilitation personnel or to provide independent living,
rehabilitative, assistive, or supportive services (such as
rehabilitation counseling, personal care services, direct care, job
coaching, aides in school based settings, or advice or assistance in
utilizing assistive technology devices, assistive technology services,
and accessible electronic and information technology devices and
services) shall be an important priority for each such Center.'';
(v) in subparagraph (E), by striking
``comprehensive'';
(vi) in subparagraph (G)(i), by inserting
``independent living and'' before
``rehabilitation-related'';
(vii) by striking subparagraph (I); and
(viii) by redesignating subparagraphs (J)
through (O) as subparagraphs (I) through (N),
respectively;
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting
``independent living strategies and'' before
``rehabilitation technology'';
(ii) in subparagraph (B)--
(I) in clause (i)(I), by inserting
``independent living and'' before
``rehabilitation problems'';
(II) in clause (ii)(II), by
striking ``employment'' and inserting
``educational, employment,''; and
(III) in clause (iii)(II), by
striking ``employment'' and inserting
``educational, employment,'';
(iii) in subparagraph (D)(i)(II), by
striking ``postschool'' and inserting
``postsecondary education, competitive
integrated employment, and other age-
appropriate''; and
(iv) in subparagraph (G)(ii), by inserting
``the impact of any commercialized product
researched or developed through the Center,''
after ``individuals with disabilities,'';
(D) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``vocational'' and
inserting ``independent living,
employment,'';
(II) by striking ``special'' and
inserting ``unique''; and
(III) by inserting ``social and
functional needs, and'' before ``acute
care''; and
(ii) in clause (iv), by inserting
``education, health and wellness,'' after
``employment,'';
(E) by striking paragraph (8) and inserting the
following:
``(8) Grants may be used to conduct a program of joint projects
with other administrations and offices of the Department of Health and
Human Services, the National Science Foundation, the Department of
Veterans Affairs, the Department of Defense, the Federal Communications
Commission, the National Aeronautics and Space Administration, the
Small Business Administration, the Department of Labor, other Federal
agencies, and private industry in areas of joint interest involving
rehabilitation.'';
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13),
(14), (15), (16), (17), and (18), as paragraphs (9),
(10), (11), (12), (13), (14), (15), and (16),
respectively;
(H) in paragraph (11), as redesignated by
subparagraph (G)--
(i) in the matter preceding subparagraph
(A), by striking ``employment needs of
individuals with disabilities, including'' and
inserting ``employment needs, opportunities,
and outcomes (including those relating to self-
employment, supported employment, and
telecommuting) of individuals with
disabilities, including'';
(ii) in subparagraph (B), by inserting
``and employment related'' after ``the
employment'';
(iii) in subparagraph (E), by striking
``and'' after the semicolon;
(iv) in subparagraph (F), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(G) develop models to facilitate the successful
transition of individuals with disabilities from nonintegrated
employment and employment that is compensated at a wage less
than the Federal minimum wage to competitive integrated
employment;
``(H) develop models to maximize opportunities for
integrated community living, including employment and
independent living, for individuals with disabilities;
``(I) provide training and continuing education for
personnel involved with community living for individuals with
disabilities;
``(J) develop model procedures for testing and evaluating
the community living related needs of individuals with
disabilities;
``(K) develop model training programs to teach individuals
with disabilities skills which will lead to integrated
community living and full participation in the community; and
``(L) develop new approaches for long-term services and
supports for individuals with disabilities, including supports
necessary for competitive integrated employment.'';
(I) in paragraph (12), as redesignated by
subparagraph (G)--
(i) in the matter preceding subparagraph
(A), by inserting ``an independent living or''
after ``conduct'';
(ii) in subparagraph (D), by inserting
``independent living or'' before
``rehabilitation''; and
(iii) in the matter following subparagraph
(E), by striking ``National Institute on
Disability and Rehabilitation Research'' and
inserting ``National Institute on Disability,
Independent Living, and Rehabilitation
Research'';
(J) in paragraph (13), as redesignated by
subparagraph (G), by inserting ``independent living
and'' before ``rehabilitation needs''; and
(K) in paragraph (14), as redesignated by
subparagraph (G), by striking ``and access to gainful
employment.'' and inserting ``, full participation, and
economic self-sufficiency.''; and
(3) by adding at the end the following:
``(d)(1) In awarding grants, contracts, or cooperative agreements
under this title, the Director shall award the funding on a competitive
basis.
``(2)(A) To be eligible to receive funds under this section for a
covered activity, an entity described in subsection (a)(1) shall submit
an application to the Director at such time, in such manner, and
containing such information as the Director may require.
``(B) The application shall include information describing--
``(i) measurable goals, as established through section 1115
of title 31, United States Code, and a timeline and specific
plan for meeting the goals, that the applicant has established;
``(ii) how the project will address 1 or more of the
following: commercialization of a marketable product,
technology transfer (if applicable), dissemination of any
research results, and other priorities as established by the
Director; and
``(iii) how the applicant will quantifiably measure the
goals to determine whether such goals have been accomplished.
``(3)(A) In the case of an application for funding under this
section to carry out a covered activity that results in the development
of a marketable product, the application shall also include a
commercialization and dissemination plan, as appropriate, containing
commercialization and marketing strategies for the product involved,
and strategies for disseminating information about the product. The
funding received under this section shall not be used to carry out the
commercialization and marketing strategies.
``(B) In the case of any other application for funding to carry out
a covered activity under this section, the application shall also
include a dissemination plan, containing strategies for disseminating
educational materials, research results, or findings, conclusions, and
recommendations, resulting from the covered activity.''.
SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION RESEARCH
ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended--
(1) in the section heading, by inserting ``disability,
independent living, and'' before ``rehabilitation'';
(2) in subsection (a)--
(A) by striking ``Department of Education a
Rehabilitation Research Advisory Council'' and
inserting ``Department of Health and Human Services a
Disability, Independent Living, and Rehabilitation
Research Advisory Council''; and
(B) by inserting ``not less than'' after ``composed
of'';
(3) by striking subsection (c) and inserting the following:
``(c) Qualifications.--Members of the Council shall be generally
representative of the community of disability, independent living, and
rehabilitation professionals, the community of disability, independent
living, and rehabilitation researchers, the directors of independent
living centers and community rehabilitation programs, the business
community (including a representative of the small business community)
that has experience with the system of vocational rehabilitation
services and independent living services carried out under this Act and
with hiring individuals with disabilities, the community of
stakeholders involved in assistive technology, the community of covered
school professionals, and the community of individuals with
disabilities, and the individuals' representatives. At least one-half
of the members shall be individuals with disabilities or the
individuals' representatives.''; and
(4) in subsection (g), by striking ``Department of
Education'' and inserting ``Department of Health and Human
Services''.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760 et seq.) is amended by adding at the end
the following:
``SEC. 206. DEFINITION OF COVERED SCHOOL.
``In this title, the term `covered school' means an elementary
school or secondary school (as such terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))
or an institution of higher education.''.
Subtitle D--Professional Development and Special Projects and
Demonstration
SEC. 441. PURPOSE; TRAINING.
(a) Purpose.--Section 301(a) (29 U.S.C. 771(a)) is amended--
(1) in paragraph (2), by inserting ``and'' after the
semicolon;
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) in paragraph (3), as redesignated by paragraph (3), by
striking ``workforce investment systems'' and inserting
``workforce development systems''.
(b) Training.--Section 302 (29 U.S.C. 772) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking all
after ``deliver'' and inserting ``supported
employment services and customized employment
services to individuals with the most
significant disabilities;'';
(ii) in subparagraph (F), by striking
``and'' after the semicolon;
(iii) in subparagraph (G), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) personnel trained in providing assistive
technology services.'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by striking ``title I of the Workforce
Investment Act of 1998'' and inserting
``subtitle B of title I of the Workforce
Innovation and Opportunity Act'';
(ii) in subparagraph (A), by striking
``workforce investment system'' and inserting
``workforce development system''; and
(iii) in subparagraph (B), by striking
``section 134(c) of the Workforce Investment
Act of 1998.'' and inserting ``section 121(e)
of the Workforce Innovation and Opportunity
Act.''; and
(C) in paragraph (5), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting
``subtitle B of title I of the Workforce Innovation and
Opportunity Act'';
(2) in subsection (b)(1)(B)(i), by striking ``or
prosthetics and orthotics'' and inserting ``prosthetics and
orthotics, vision rehabilitation therapy, orientation and
mobility instruction, or low vision therapy'';
(3) in subsection (g)--
(A) in the subsection heading, by striking ``and
In-Service Training'';
(B) in paragraph (1), by adding after the period
the following: ``Any technical assistance provided to
community rehabilitation programs shall be focused on
the employment outcome of competitive integrated
employment for individuals with disabilities.''; and
(C) by striking paragraph (3);
(4) in subsection (h), by striking ``section 306'' and
inserting ``section 304''; and
(5) in subsection (i), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$33,657,000 for fiscal year 2015, $36,257,000 for
fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000
for fiscal year 2018, $38,719,000 for fiscal year 2019, and
$39,540,000 for fiscal year 2020.''.
SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE PROGRAMS.
Section 303 (29 U.S.C. 773) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``section 306''
and inserting ``section 304'';
(B) in paragraph (3)(A), by striking ``National
Institute on Disability and Rehabilitation Research''
and inserting ``National Institute on Disability,
Independent Living, and Rehabilitation Research'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking clause (i) and
inserting the following:
``(i) initiatives focused on improving
transition from education, including
postsecondary education, to employment,
particularly in competitive integrated
employment, for youth who are individuals with
significant disabilities;''; and
(II) by striking clause (iii) and
inserting the following:
``(iii) increasing competitive integrated
employment for individuals with significant
disabilities.''; and
(ii) in subparagraph (B)(viii), by striking
``under title I of the Workforce Investment Act
of 1998'' and inserting ``under subtitle B of
title I of the Workforce Innovation and
Opportunity Act''; and
(D) by striking paragraph (6);
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking
``and'' after the semicolon;
(ii) by redesignating subparagraph (F) as
subparagraph (G); and
(iii) by inserting after subparagraph (E)
the following:
``(F) to provide support and guidance in helping
individuals with significant disabilities, including
students with disabilities, transition to competitive
integrated employment; and'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii)--
(I) by inserting ``the'' after
``closely with''; and
(II) by inserting ``, the community
parent resource centers established
pursuant to section 672 of such Act,
and the eligible entities receiving
awards under section 673 of such Act''
after ``Individuals with Disabilities
Education Act''; and
(ii) in subparagraph (C), by inserting ``,
and demonstrate the capacity for serving,''
after ``shall serve''; and
(C) by adding at the end the following:
``(8) Reservation.--From the amount appropriated to carry
out this section for a fiscal year, 20 percent of such amount
or $500,000, whichever is less, may be reserved to carry out
paragraph (6).''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section there are authorized to be appropriated $5,796,000 for
fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for
fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for
fiscal year 2019, and $6,809,000 for fiscal year 2020.''.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; RECREATIONAL PROGRAMS.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended--
(1) by striking sections 304 and 305;
(2) by redesignating section 306 as section 304.
Subtitle E--National Council on Disability
SEC. 451. ESTABLISHMENT.
Section 400 (29 U.S.C. 780) is amended--
(1) in subsection (a)(1)--
(A) by redesignating subparagraph (C) as
subparagraph (D);
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) There is established within the Federal Government a National
Council on Disability (referred to in this title as the `National
Council'), which, subject to subparagraph (B), shall be composed of 9
members, of which--
``(i) 5 shall be appointed by the President;
``(ii) 1 shall be appointed by the Majority Leader of the
Senate;
``(iii) 1 shall be appointed by the Minority Leader of the
Senate;
``(iv) 1 shall be appointed by the Speaker of the House of
Representatives; and
``(v) 1 shall be appointed by the Minority Leader of the
House of Representatives.
``(B) The National Council shall transition from 15 members (as of
the date of enactment of the Workforce Innovation and Opportunity Act)
to 9 members as follows:
``(i) On the first 4 expirations of National Council terms
(after that date), replacement members shall be appointed to
the National Council in the following order and manner:
``(I) 1 shall be appointed by the Majority Leader
of the Senate.
``(II) 1 shall be appointed by the Minority Leader
of the Senate.
``(III) 1 shall be appointed by the Speaker of the
House of Representatives.
``(IV) 1 shall be appointed by the Minority Leader
of the House of Representatives.
``(ii) On the next 6 expirations of National Council terms
(after the 4 expirations described in clause (i) occur), no
replacement members shall be appointed to the National Council.
``(C) For any vacancy on the National Council that occurs after the
transition described in subparagraph (B), the vacancy shall be filled
in the same manner as the original appointment was made.''; and
(C) in subparagraph (D), as redesignated by
subparagraph (A) of this paragraph, in the first
sentence--
(i) by inserting ``national leaders on
disability policy,'' after ``guardians of
individuals with disabilities,''; and
(ii) by striking ``policy or programs'' and
inserting ``policy or issues that affect
individuals with disabilities'';
(2) in subsection (b), by striking ``, except'' and all
that follows and inserting a period; and
(3) in subsection (d), by striking ``Eight'' and inserting
``Five''.
SEC. 452. REPORT.
Section 401 (29 U.S.C. 781) is amended--
(1) in paragraphs (1) and (3) of subsection (a), by
striking ``National Institute on Disability and Rehabilitation
Research'' and inserting ``National Institute on Disability,
Independent Living, and Rehabilitation Research''; and
(2) by striking subsection (c).
SEC. 453. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year
2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018,
$3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year
2020.''.
Subtitle F--Rights and Advocacy
SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUNCIL.
(a) Interagency Committee.--Section 501 (29 U.S.C. 791) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Architectural and Transportation Barriers Compliance Board.--
Section 502(j) (29 U.S.C. 792(j)) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year
2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018,
$8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year
2020.''.
(c) Program or Activity.--Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ``vocational education'' and
inserting ``career and technical education''.
(d) Interagency Disability Coordinating Council.--Section 507(a)
(29 U.S.C. 794c(a)) is amended by inserting ``the Chairperson of the
National Council on Disability,'' before ``and such other''.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting ``a grant,
contract, or cooperative agreement for'' before ``training'';
(2) in subsection (f)(2)--
(A) by striking ``general'' and all that follows
through ``records'' and inserting ``general
authorities, including the authority to access
records''; and
(B) by inserting ``of title I'' after ``subtitle
C''; and
(3) in subsection (l), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$17,650,000 for fiscal year 2015, $19,013,000 for
fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000
for fiscal year 2018, $20,305,000 for fiscal year 2019, and
$20,735,000 for fiscal year 2020.''.
SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
(a) In General.--Title V (29 U.S.C. 791 et seq.) is amended by
adding at the end the following:
``SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
``(a) In General.--No entity, including a contractor or
subcontractor of the entity, which holds a special wage certificate as
described in section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) may compensate an individual with a disability who is
age 24 or younger at a wage (referred to in this section as a
`subminimum wage') that is less than the Federal minimum wage unless 1
of the following conditions is met:
``(1) The individual is currently employed, as of the
effective date of this section, by an entity that holds a valid
certificate pursuant to section 14(c) of the Fair Labor
Standards Act of 1938.
``(2) The individual, before beginning work that is
compensated at a subminimum wage, has completed, and produces
documentation indicating completion of, each of the following
actions:
``(A) The individual has received pre-employment
transition services that are available to the
individual under section 113, or transition services
under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) such as transition services
available to the individual under section 614(d) of
that Act (20 U.S.C. 1414(d)).
``(B) The individual has applied for vocational
rehabilitation services under title I, with the result
that--
``(i)(I) the individual has been found
ineligible for such services pursuant to that
title and has documentation consistent with
section 102(a)(5)(C) regarding the
determination of ineligibility; or
``(II)(aa) the individual has been
determined to be eligible for vocational
rehabilitation services;
``(bb) the individual has an individualized
plan for employment under section 102;
``(cc) the individual has been working
toward an employment outcome specified in such
individualized plan for employment, with
appropriate supports and services, including
supported employment services, for a reasonable
period of time without success; and
``(dd) the individual's vocational
rehabilitation case is closed; and
``(ii)(I) the individual has been provided
career counseling, and information and
referrals to Federal and State programs and
other resources in the individual's geographic
area that offer employment-related services and
supports designed to enable the individual to
explore, discover, experience, and attain
competitive integrated employment; and
``(II) such counseling and information and
referrals are not for employment compensated at
a subminimum wage provided by an entity
described in this subsection, and such
employment-related services are not compensated
at a subminimum wage and do not directly result
in employment compensated at a subminimum wage
provided by an entity described in this
subsection.
``(b) Construction.--
``(1) Rule.--Nothing in this section shall be construed
to--
``(A) change the purpose of this Act described in
section 2(b)(2), to empower individuals with
disabilities to maximize opportunities for competitive
integrated employment; or
``(B) preference employment compensated at a
subminimum wage as an acceptable vocational
rehabilitation strategy or successful employment
outcome, as defined in section 7(11).
``(2) Contracts.--A local educational agency (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or a State educational agency (as
defined in such section) may not enter into a contract or other
arrangement with an entity described in subsection (a) for the
purpose of operating a program for an individual who is age 24
or younger under which work is compensated at a subminimum
wage.
``(3) Voidability.--The provisions in this section shall be
construed in a manner consistent with the provisions of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as
amended before or after the effective date of this Act.
``(c) During Employment.--
``(1) In general.--The entity described in subsection (a)
may not continue to employ an individual, regardless of age, at
a subminimum wage unless, after the individual begins work at
that wage, at the intervals described in paragraph (2), the
individual (with, in an appropriate case, the individual's
parent or guardian)--
``(A) is provided by the designated State unit
career counseling, and information and referrals
described in subsection (a)(2)(B)(ii), delivered in a
manner that facilitates independent decisionmaking and
informed choice, as the individual makes decisions
regarding employment and career advancement; and
``(B) is informed by the employer of self-advocacy,
self-determination, and peer mentoring training
opportunities available in the individual's geographic
area, provided by an entity that does not have any
financial interest in the individual's employment
outcome, under applicable Federal and State programs or
other sources.
``(2) Timing.--The actions required under subparagraphs (A)
and (B) of paragraph (1) shall be carried out once every 6
months for the first year of the individual's employment at a
subminimum wage, and annually thereafter for the duration of
such employment.
``(3) Small business exception.--In the event that the
entity described in subsection (a) is a business with fewer
than 15 employees, such entity can satisfy the requirements of
subparagraphs (A) and (B) of paragraph (1) by referring the
individual, at the intervals described in paragraph (2), to the
designated State unit for the counseling, information, and
referrals described in paragraph (1)(A) and the information
described in paragraph (1)(B).
``(d) Documentation.--
``(1) In general.--The designated State unit, in
consultation with the State educational agency, shall develop a
new process or utilize an existing process, consistent with
guidelines developed by the Secretary, to document the
completion of the actions described in subparagraphs (A) and
(B) of subsection (a)(2) by a youth with a disability who is an
individual with a disability.
``(2) Documentation process.--Such process shall require
that--
``(A) in the case of a student with a disability,
for documentation of actions described in subsection
(a)(2)(A)--
``(i) if such a student with a disability
receives and completes each category of
required activities in section 113(b), such
completion of services shall be documented by
the designated State unit in a manner
consistent with this section;
``(ii) if such a student with a disability
receives and completes any transition services
available for students with disabilities under
the Individuals with Disabilities Education
Act, including those provided under section
614(d)(1)(A)(i)(VIII) (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), such completion of
services shall be documented by the appropriate
school official responsible for the provision
of such transition services, in a manner
consistent with this section; and
``(iii) the designated State unit shall
provide the final documentation, in a form and
manner consistent with this section, of the
completion of pre-employment transition
services as described in clause (i), or
transition services under the Individuals with
Disabilities Education Act as described in
clause (ii), to the student with a disability
within a reasonable period of time following
the completion; and
``(B) when an individual has completed the actions
described in subsection (a)(2)(B), the designated State
unit shall provide the individual a document indicating
such completion, in a manner consistent with this
section, within a reasonable time period following the
completion of the actions described in this
subparagraph.
``(e) Verification.--
``(1) Before employment.--Before an individual covered by
subsection (a)(2) begins work for an entity described in
subsection (a) at a subminimum wage, the entity shall review
such documentation received by the individual under subsection
(d), and provided by the individual to the entity, that
indicates that the individual has completed the actions
described in subparagraphs (A) and (B) of subsection (a)(2) and
the entity shall maintain copies of such documentation.
``(2) During employment.--
``(A) In general.--In order to continue to employ
an individual at a subminimum wage, the entity
described in subsection (a) shall verify completion of
the requirements of subsection (c), including reviewing
any relevant documents provided by the individual, and
shall maintain copies of the documentation described in
subsection (d).
``(B) Review of documentation.--The entity
described in subsection (a) shall be subject to review
of individual documentation described in subsection (d)
by a representative working directly for the designated
State unit or the Department of Labor at such a time
and in such a manner as may be necessary to fulfill the
intent of this section, consistent with regulations
established by the designated State unit or the
Secretary of Labor.
``(f) Federal Minimum Wage.--In this section, the term `Federal
minimum wage' means the rate applicable under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).''.
(b) Effective Date.--This section takes effect 2 years after the
date of enactment of the Workforce Innovation and Opportunity Act.
Subtitle G--Employment Opportunities for Individuals With Disabilities
SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES.
Title VI (29 U.S.C. 795 et seq.) is amended--
(1) by striking part A;
(2) by striking the part heading relating to part B;
(3) by redesignating sections 621 through 628 as sections
602 through 609, respectively;
(4) in section 602, as redesignated by paragraph (3)--
(A) by striking ``part'' and inserting ``title'';
and
(B) by striking ``individuals with the most
significant disabilities'' and all that follows and
inserting ``individuals with the most significant
disabilities, including youth with the most significant
disabilities, to enable such individuals to achieve an
employment outcome of supported employment in
competitive integrated employment.'';
(5) in section 603, as redesignated by paragraph (3)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``part''
and inserting ``title'';
(II) in subparagraph (A), by
inserting ``amount'' after
``whichever''; and
(III) in subparagraph (B)--
(aa) by striking ``part for
the fiscal year'' and inserting
``title for the fiscal year'';
(bb) by striking ``this
part in fiscal year 1992'' and
inserting ``part B of this
title (as in effect on
September 30, 1992) in fiscal
year 1992''; and
(cc) by inserting
``amount'' after ``whichever'';
and
(ii) in paragraph (2)(B), by striking
``one-eighth of one percent'' and inserting
``\1/8\ of 1 percent'';
(B) in subsection (b)--
(i) by inserting ``under subsection (a)''
after ``allotment to a State'';
(ii) by striking ``part'' each place the
term appears and inserting ``title''; and
(iii) by striking ``one or more'' and
inserting ``1 or more''; and
(C) by adding at the end the following:
``(c) Limitations on Administrative Costs.--A State that receives
an allotment under this title shall not use more than 2.5 percent of
such allotment to pay for administrative costs.
``(d) Services for Youth With the Most Significant Disabilities.--A
State that receives an allotment under this title shall reserve and
expend half of such allotment for the provision of supported employment
services, including extended services, to youth with the most
significant disabilities in order to assist those youth in achieving an
employment outcome in supported employment.'';
(6) by striking section 604, as redesignated by paragraph
(3), and inserting the following:
``SEC. 604. AVAILABILITY OF SERVICES.
``(a) Supported Employment Services.--Funds provided under this
title may be used to provide supported employment services to
individuals who are eligible under this title.
``(b) Extended Services.--
``(1) In general.--Except as provided in paragraph (2),
funds provided under this title, or title I, may not be used to
provide extended services to individuals under this title or
title I.
``(2) Extended services for youth with the most significant
disabilities.--Funds allotted under this title, or title I, and
used for the provision of services under this title to youth
with the most significant disabilities pursuant to section
603(d), may be used to provide extended services to youth with
the most significant disabilities. Such extended services shall
be available for a period not to exceed 4 years.'';
(7) in section 605, as redesignated by paragraph (3)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, including a youth with
a disability,'' after ``An individual''; and
(ii) by striking ``this part'' and
inserting ``this title'';
(B) in paragraph (1), by inserting ``under title
I'' after ``rehabilitation services'';
(C) in paragraph (2), by striking ``and'' after the
semicolon;
(D) by redesignating paragraph (3) as paragraph
(4);
(E) by inserting after paragraph (2) the following:
``(3) for purposes of activities carried out with funds
described in section 603(d), the individual is a youth with a
disability, as defined in section (7)(42); and''; and
(F) in paragraph (4), as redesignated by
subparagraph (D), by striking ``assessment of
rehabilitation needs'' and inserting ``assessment of
the rehabilitation needs'';
(8) in section 606, as redesignated by paragraph (3)--
(A) in subsection (a)--
(i) by striking ``this part'' and inserting
``this title''; and
(ii) by inserting ``, including youth with
the most significant disabilities,'' after
``individuals'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``this
part'' and inserting ``this title'';
(ii) in paragraph (2), by inserting ``,
including youth,'' after ``rehabilitation needs
of individuals'';
(iii) in paragraph (3)--
(I) by inserting ``, including
youth with the most significant
disabilities,'' after ``provided to
individuals''; and
(II) by striking ``section 622''
and inserting ``section 603'';
(iv) by striking paragraph (7);
(v) by redesignating paragraph (6) as
paragraph (7);
(vi) by inserting after paragraph (5) the
following:
``(6) describe the activities to be conducted pursuant to
section 603(d) for youth with the most significant
disabilities, including--
``(A) the provision of extended services for a
period not to exceed 4 years; and
``(B) how the State will use the funds reserved in
section 603(d) to leverage other public and private
funds to increase resources for extended services and
expand supported employment opportunities for youth
with the most significant disabilities;'';
(vii) in paragraph (7), as redesignated by
clause (v)--
(I) in subparagraph (A), by
striking ``under this part'' both
places the term appears and inserting
``under this title'';
(II) in subparagraph (B), by
inserting ``, including youth with the
most significant disabilities,'' after
``significant disabilities'';
(III) in subparagraph (C)--
(aa) in clause (i), by
inserting ``, including, as
appropriate, for youth with the
most significant disabilities,
transition services and pre-
employment transition
services'' after ``services to
be provided'';
(bb) in clause (ii), by
inserting ``, including the
extended services that may be
provided to youth with the most
significant disabilities under
this title, in accordance with
an approved individualized plan
for employment, for a period
not to exceed 4 years'' after
``services needed''; and
(cc) in clause (iii)--
(AA) by striking
``identify the source
of extended services,''
and inserting
``identify, as
appropriate, the source
of extended
services,'';
(BB) by striking
``or to the extent''
and inserting ``or
indicate''; and
(CC) by striking
``employment is
developed'' and all
that follows and
inserting ``employment
is developed;''
(IV) in subparagraph (D), by
striking ``under this part'' and
inserting ``under this title'';
(V) in subparagraph (F), by
striking ``and'' after the semicolon;
(VI) in subparagraph (G), by
striking ``for the maximum number of
hours possible''; and
(VII) by adding at the end the
following:
``(H) the State agencies designated under paragraph
(1) will expend not more than 2.5 percent of the
allotment of the State under this title for
administrative costs of carrying out this title; and
``(I) with respect to supported employment services
provided to youth with the most significant
disabilities pursuant to section 603(d), the designated
State agency will provide, directly or indirectly
through public or private entities, non-Federal
contributions in an amount that is not less than 10
percent of the costs of carrying out such services;
and'';
(9) by striking section 607, as redesignated by paragraph
(3), and inserting the following:
``SEC. 607. RESTRICTION.
``Each State agency designated under section 606(b)(1) shall
collect the information required by section 101(a)(10) separately for--
``(1) eligible individuals receiving supported employment
services under this title;
``(2) eligible individuals receiving supported employment
services under title I;
``(3) eligible youth receiving supported employment
services under this title; and
``(4) eligible youth receiving supported employment
services under title I.'';
(10) in section 608(b), as redesignated by paragraph (3),
by striking ``this part'' both places the terms appears and
inserting ``this title''; and
(11) by striking section 609, as redesignated by paragraph
(3), and inserting the following:
``SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE INTEGRATED
EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES.
``(a) Establishment.--Not later than 60 days after the date of
enactment of the Workforce Innovation and Opportunity Act, the
Secretary of Labor shall establish an Advisory Committee on Increasing
Competitive Integrated Employment for Individuals with Disabilities
(referred to in this section as the `Committee').
``(b) Appointment and Vacancies.--
``(1) Appointment.--The Secretary of Labor shall appoint
the members of the Committee described in subsection (c)(6), in
accordance with subsection (c).
``(2) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner, in
accordance with the same paragraph of subsection (c), as the
original appointment or designation was made.
``(c) Composition.--The Committee shall be composed of--
``(1) the Assistant Secretary for Disability Employment
Policy, the Assistant Secretary for Employment and Training,
and the Administrator of the Wage and Hour Division, of the
Department of Labor;
``(2) the Commissioner of the Administration on
Intellectual and Developmental Disabilities, or the
Commissioner's designee;
``(3) the Director of the Centers for Medicare & Medicaid
Services of the Department of Health and Human Services, or the
Director's designee;
``(4) the Commissioner of Social Security, or the
Commissioner's designee;
``(5) the Commissioner of the Rehabilitation Services
Administration, or the Commissioner's designee; and
``(6) representatives from constituencies consisting of--
``(A) self-advocates for individuals with
intellectual or developmental disabilities;
``(B) providers of employment services, including
those that employ individuals with intellectual or
developmental disabilities in competitive integrated
employment;
``(C) representatives of national disability
advocacy organizations for adults with intellectual or
developmental disabilities;
``(D) experts with a background in academia or
research and expertise in employment and wage policy
issues for individuals with intellectual or
developmental disabilities;
``(E) representatives from the employer community
or national employer organizations; and
``(F) other individuals or representatives of
organizations with expertise on increasing
opportunities for competitive integrated employment for
individuals with disabilities.
``(d) Chairperson.--The Committee shall elect a Chairperson of the
Committee from among the appointed members of the Committee.
``(e) Meetings.--The Committee shall meet at the call of the
Chairperson, but not less than 8 times.
``(f) Duties.--The Committee shall study, and prepare findings,
conclusions, and recommendations for the Secretary of Labor on--
``(1) ways to increase the employment opportunities for
individuals with intellectual or developmental disabilities or
other individuals with significant disabilities in competitive
integrated employment;
``(2) the use of the certificate program carried out under
section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) for the employment of individuals with
intellectual or developmental disabilities, or other
individuals with significant disabilities; and
``(3) ways to improve oversight of the use of such
certificates.
``(g) Committee Personnel Matters.--
``(1) Travel expenses.--The members of the Committee shall
not receive compensation for the performance of services for
the Committee, but shall be allowed reasonable 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 Committee. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated services of members of the Committee.
``(2) Staff.--The Secretary of Labor may designate such
personnel as may be necessary to enable the Committee to
perform its duties.
``(3) Detail of government employees.--Any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
``(4) Facilities, equipment, and services.--The Secretary
of Labor shall make available to the Committee, under such
arrangements as may be appropriate, necessary equipment,
supplies, and services.
``(h) Reports.--
``(1) Interim and final reports.--The Committee shall
prepare and submit to the Secretary of Labor, as well as the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives--
``(A) an interim report that summarizes the
progress of the Committee, along with any interim
findings, conclusions, and recommendations as described
in subsection (f); and
``(B) a final report that states final findings,
conclusions, and recommendations as described in
subsection (f).
``(2) Preparation and submission.--The reports shall be
prepared and submitted--
``(A) in the case of the interim report, not later
than 1 year after the date on which the Committee is
established under subsection (a); and
``(B) in the case of the final report, not later
than 2 years after the date on which the Committee is
established under subsection (a).
``(i) Termination.--The Committee shall terminate on the day after
the date on which the Committee submits the final report.
``SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title
$27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016,
$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018,
$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year
2020.''.
Subtitle H--Independent Living Services and Centers for Independent
Living
CHAPTER 1--INDIVIDUALS WITH SIGNIFICANT DISABILITIES
Subchapter A--General Provisions
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph (3)--
(1) by striking ``part B of title VI'' and inserting
``title VI''; and
(2) by inserting before the period the following: ``, with
the goal of improving the independence of individuals with
disabilities''.
SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting after
section 701 the following:
``SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
``There is established within the Administration for Community
Living of the Department of Health and Human Services, an Independent
Living Administration. The Independent Living Administration shall be
headed by a Director (referred to in this section as the `Director')
appointed by the Secretary of Health and Human Services. The Director
shall be an individual with substantial knowledge of independent living
services. The Independent Living Administration shall be the principal
agency, and the Director shall be the principal officer, to carry out
this chapter. In performing the functions of the office, the Director
shall be directly responsible to the Administrator of the
Administration for Community Living of the Department of Health and
Human Services. The Secretary shall ensure that the Independent Living
Administration has sufficient resources (including designating at least
1 individual from the Office of General Counsel who is knowledgeable
about independent living services) to provide technical assistance and
support to, and oversight of, the programs funded under this
chapter.''.
SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by
inserting ``for individuals with significant
disabilities (regardless of age or income)'' before
``that--''; and
(B) in subparagraph (B), by striking the period and
inserting ``, including, at a minimum, independent
living core services as defined in section 7(17).'';
(2) in paragraph (2), by striking the period and inserting
the following: ``, in terms of the management, staffing,
decisionmaking, operation, and provisions of services, of the
center.'';
(3) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(4) by inserting before paragraph (2) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Administration for Community Living of the
Department of Health and Human Services.''.
SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``State plan'' the
following: ``developed and signed in accordance
with paragraph (2),''; and
(ii) by striking ``Commissioner'' each
place it appears and inserting
``Administrator'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``developed and signed by'';
and
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) developed by the chairperson of the Statewide
Independent Living Council, and the directors of the
centers for independent living in the State, after
receiving public input from individuals with
disabilities and other stakeholders throughout the
State; and
``(B) signed by--
``(i) the chairperson of the Statewide
Independent Living Council, acting on behalf of
and at the direction of the Council;
``(ii) the director of the designated State
entity described in subsection (c); and
``(iii) not less than 51 percent of the
directors of the centers for independent living
in the State.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking
``State independent living services'' and
inserting ``independent living services in the
State''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) working relationships and collaboration
between--
``(i) centers for independent living; and
``(ii)(I) entities carrying out programs
that provide independent living services,
including those serving older individuals;
``(II) other community-based organizations
that provide or coordinate the provision of
housing, transportation, employment,
information and referral assistance, services,
and supports for individuals with significant
disabilities; and
``(III) entities carrying out other
programs providing services for individuals
with disabilities.''.
(D) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
and
(E) by adding at the end the following:
``(5) Statewideness.--The State plan shall describe
strategies for providing independent living services on a
statewide basis, to the greatest extent possible.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Unit''
and inserting ``Entity'';
(B) in the matter preceding paragraph (1), by
striking ``the designated State unit of such State''
and inserting ``a State entity of such State (referred
to in this title as the `designated State entity')'';
(C) in paragraphs (3) and (4), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(D) in paragraph (3), by striking ``and'' at the
end;
(E) in paragraph (4), by striking the period and
inserting ``; and''; and
(F) by adding at the end the following:
``(5) retain not more than 5 percent of the funds received
by the State for any fiscal year under part B, for the
performance of the services outlined in paragraphs (1) through
(4).'';
(3) in subsection (i), by striking paragraphs (1) and (2)
and inserting the following:
``(1) the Statewide Independent Living Council;
``(2) centers for independent living;
``(3) the designated State entity; and
``(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.'';
(4) in subsection (m)--
(A) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
and
(B) in paragraph (5), by striking ``Commissioner''
and inserting ``Administrator''; and
(5) by adding at the end the following:
``(o) Promoting Full Access to Community Life.--The plan shall
describe how the State will provide independent living services
described in section 7(18) that promote full access to community life
for individuals with significant disabilities.''.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended--
(1) in subsection (a), by inserting ``and maintain'' after
``shall establish'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``among its voting
members,'' before ``at least''; and
(II) by striking ``one'' and
inserting ``1''; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) among its voting members, for a State in
which 1 or more centers for independent living are run
by, or in conjunction with, the governing bodies of
American Indian tribes located on Federal or State
reservations, at least 1 representative of the
directors of such centers; and
``(C) as ex officio, nonvoting members, a
representative of the designated State entity, and
representatives from State agencies that provide
services for individuals with disabilities.'';
(B) in paragraph (3)--
(i) by redesignating subparagraphs (C)
through (F) as subparagraphs (D) through (G),
respectively;
(ii) in subparagraph (B), by striking
``parents and guardians of''; and
(iii) by inserting after paragraph (B) the
following:
``(C) parents and guardians of individuals with
disabilities;'';
(C) in paragraph (5)(B), by striking ``paragraph
(3)'' and inserting ``paragraph (1)''; and
(D) in paragraph (6)(B), by inserting ``, other
than a representative described in paragraph (2)(A) if
there is only one center for independent living within
the State,'' after ``the Council'';
(3) by striking subsection (c) and inserting the following:
``(c) Functions.--
``(1) Duties.--The Council shall--
``(A) develop the State plan as provided in section
704(a)(2);
``(B) monitor, review, and evaluate the
implementation of the State plan;
``(C) meet regularly, and ensure that such meetings
of the Council are open to the public and sufficient
advance notice of such meetings is provided;
``(D) submit to the Administrator such periodic
reports as the Administrator may reasonably request,
and keep such records, and afford such access to such
records, as the Administrator finds necessary to verify
the information in such reports; and
``(E) as appropriate, coordinate activities with
other entities in the State that provide services
similar to or complementary to independent living
services, such as entities that facilitate the
provision of or provide long-term community-based
services and supports.
``(2) Authorities.--The Council may, consistent with the
State plan described in section 704, unless prohibited by State
law--
``(A) in order to improve services provided to
individuals with disabilities, work with centers for
independent living to coordinate services with public
and private entities;
``(B) conduct resource development activities to
support the activities described in this subsection or
to support the provision of independent living services
by centers for independent living; and
``(C) perform such other functions, consistent with
the purpose of this chapter and comparable to other
functions described in this subsection, as the Council
determines to be appropriate.
``(3) Limitation.--The Council shall not provide
independent living services directly to individuals with
significant disabilities or manage such services.'';
(4) in subsection (e)--
(A) in paragraph (1), in the first sentence, by
striking ``prepare'' and all that follows through ``a
plan'' and inserting ``prepare, in conjunction with the
designated State entity, a plan''; and
(B) in paragraph (3), by striking ``State agency''
and inserting ``State entity''; and
(5) in subsection (f)--
(A) by striking ``such resources'' and inserting
``available resources''; and
(B) by striking ``(including'' and all that follows
through ``compensation'' and inserting ``(such as
personal assistance services), and to pay reasonable
compensation''.
SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR.
Section 706 (29 U.S.C. 796d-1) is amended--
(1) by striking the title of the section and inserting the
following:
``SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``Commissioner'' and inserting
``Administrator''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by inserting ``or the
Commissioner'' after ``to the
Secretary''; and
(bb) by striking ``to the
Commissioner; and'' and
inserting ``to the
Administrator;'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) to the State agency shall be deemed
to be references to the designated State
entity; and'';
(3) by striking subsection (b) and inserting the following:
``(b) Indicators.--Not later than 1 year after the date of
enactment of the Workforce Innovation and Opportunity Act, the
Administrator shall develop and publish in the Federal Register
indicators of minimum compliance for centers for independent living
(consistent with the standards set forth in section 725), and
indicators of minimum compliance for Statewide Independent Living
Councils.'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' each place
it appears and inserting ``Administrator''; and
(ii) by striking the last sentence;
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``Commissioner'' and inserting
``Administrator'';
(ii) in subparagraph (A), by striking
``such a review'' and inserting ``a review
described in paragraph (1)''; and
(iii) in subparagraphs (A) and (B), by
striking ``Department'' each place it appears
and inserting ``Department of Health and Human
Services''; and
(5) by striking subsection (d) and inserting the following:
``(d) Reports.--
``(1) In general.--The Director described in section 701A
shall provide to the Administrator of the Administration for
Community Living and the Administrator shall include, in an
annual report, information on the extent to which centers for
independent living receiving funds under part C have complied
with the standards and assurances set forth in section 725. The
Director may identify individual centers for independent living
in the analysis contained in that information. The Director
shall include in the report the results of onsite compliance
reviews, identifying individual centers for independent living
and other recipients of assistance under part C.
``(2) Public availability.--The Director shall ensure that
the report described in this subsection is made publicly
available in a timely manner, including through electronic
means, in order to inform the public about the administration
and performance of programs under this Act.''.
Subchapter B--Independent Living Services
SEC. 476. ADMINISTRATION.
(a) Allotments.--Section 711 (29 U.S.C. 796e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Except'' and inserting
``After the reservation required by section
711A is made, and except''; and
(ii) by inserting ``the remainder of the''
before ``sums appropriated''; and
(B) in paragraph (2)(B), by striking ``amounts made
available for purposes of this part'' and inserting
``remainder described in paragraph (1)(A)'';
(2) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(3) by adding at the end the following:
``(d) Administration.--Funds allotted or made available to a State
under this section shall be administered by the designated State
entity, in accordance with the approved State plan.''.
(b) Training and Technical Assistance.--Part B of chapter 1 of
title VII is amended by inserting after section 711 (29 U.S.C. 796e)
the following:
``training and technical assistance
``Sec. 711A. (a) From the funds appropriated and made available to
carry out this part for any fiscal year, beginning with fiscal year
2015, the Administrator shall first reserve not less than 1.8 percent
and not more than 2 percent of the funds to provide, either directly or
through grants, contracts, or cooperative agreements, training and
technical assistance to Statewide Independent Living Councils
established under section 705 for such fiscal year.
``(b) The Administrator shall conduct a survey of such Statewide
Independent Living Councils regarding training and technical assistance
needs in order to determine funding priorities for such training and
technical assistance.
``(c) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, an entity shall submit an
application to the Administrator at such time, in such manner,
containing a proposal to provide such training and technical
assistance, and containing such additional information, as the
Administrator may require. The Administrator shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the operation of such
Statewide Independent Living Councils.''.
(c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is amended by
striking ``Commissioner'' and inserting ``Administrator''.
(d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-2) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The State may use funds received under this part
to provide the resources described in section 705(e) (but may not use
more than 30 percent of the funds paid to the State under section 712
for such resources unless the State specifies that a greater percentage
of the funds is needed for such resources in a State plan approved
under section 706), relating to the Statewide Independent Living
Council, may retain funds under section 704(c)(5), and shall distribute
the remainder of the funds received under this part in a manner
consistent with the approved State plan for the activities described in
subsection (b).
``(b) Activities.--The State may use the remainder of the funds
described in subsection (a)--''; and
(2) in paragraph (1), by inserting ``, particularly those
in unserved areas of the State'' after ``disabilities''.
(e) Authorization of Appropriations.--Section 714 (29 U.S.C. 796e-
3) is amended by striking ``such sums as may be necessary for each of
the fiscal years 1999 through 2003.'' and inserting ``$22,878,000 for
fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for
fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for
fiscal year 2019, and $26,877,000 for fiscal year 2020.''.
Subchapter C--Centers for Independent Living
SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended--
(1) in subsection (a)--
(A) by striking ``1999'' and inserting ``2015'';
(B) by striking ``Commissioner shall allot'' and
inserting ``Administrator shall make available''; and
(C) by inserting ``, centers for independent
living,'' after ``States'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``other arrangements'' and inserting
``cooperative agreements'';
(ii) by striking ``For'' and all that
follows through ``Commissioner'' and inserting
``From the funds appropriated to carry out this
part for any fiscal year, beginning with fiscal
year 2015, the Administrator'';
(iii) by striking ``reserve from such
excess'' and inserting ``reserve not less than
1.8 percent and not more than 2 percent of the
funds''; and
(iv) by striking ``eligible agencies'' and
all that follows and inserting ``centers for
independent living and eligible agencies for
such fiscal year.'';
(B) in paragraph (2)--
(i) by striking ``Commissioner shall make
grants to, and enter into contracts and other
arrangements with,'' and inserting
``Administrator shall make grants to, or enter
into contracts or cooperative agreements
with,''; and
(ii) by inserting ``fiscal management of,''
before ``planning,'';
(C) in paragraphs (3), (4), and (5), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(D) in paragraph (3), by striking ``Statewide
Independent Living Councils and'';
(3) in paragraph (4), by striking ``other arrangement'' and
inserting ``cooperative agreement'';
(4) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(5) in subsection (d), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''.
SEC. 482. CENTERS.
(a) Centers in States in Which Federal Funding Exceeds State
Funding.--Section 722 (29 U.S.C. 796f-1) is amended--
(1) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants
for a fiscal year''; and
(B) by striking ``by September 30, 1997'' and
inserting ``for the preceding fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' and
inserting ``Administrator''; and
(ii) by striking ``region, consistent'' and
all that follows and inserting ``region. The
Administrator's determination of the most
qualified applicant shall be consistent with
the provisions in the State plan setting forth
the design of the State for establishing a
statewide network of centers for independent
living.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``Commissioner'' and inserting
``Administrator''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) shall consider comments regarding the
application--
``(i) by individuals with disabilities and
other interested parties within the new region
proposed to be served; and
``(ii) if any, by the Statewide Independent
Living Council in the State in which the
applicant is located;''; and
(4) in subsections (e) and (g) by striking ``Commissioner''
each place it appears and inserting ``Administrator.''.
(b) Centers in States in Which State Funding Exceeds Federal
Funding.--Section 723 (29 U.S.C. 796f-2) is amended--
(1) in subsections (a), (b), (g), (h), and (i), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (a)--
(A) in paragraph (1)(A)(ii), by inserting ``of a
designated State unit'' after ``director''; and
(B) in the heading of paragraph (3), by striking
``commissioner'' and inserting ``administrator''; and
(3) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants
for a fiscal year''; and
(B) by striking ``by September 30, 1997'' and
inserting ``for the preceding fiscal year''.
(c) Centers Operated by State Agencies.--Section 724 (29 U.S.C.
796f-3) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``1993'' and inserting ``2015'';
(B) by striking ``Rehabilitation Act Amendments of
1998'' and inserting ``Workforce Innovation and
Opportunity Act''; and
(C) by striking ``1994'' and inserting ``2015'';
and
(2) by striking ``Commissioner'' each place it appears and
inserting ``Administrator''.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f-4) is amended--
(1) in subsection (b)(1)(D)--
(A) by striking ``access of'' and inserting
``access for''; and
(B) by striking ``to society and'' and inserting
``, within their communities,''; and
(2) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f-6) is amended by striking ``such sums
as may be necessary for each of the fiscal years 1999 through 2003.''
and inserting ``$78,305,000 for fiscal year 2015, $84,353,000 for
fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for
fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for
fiscal year 2020.''.
CHAPTER 2--INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND.
Chapter 2 of title VII (29 U.S.C. 796j et seq.) is amended by
inserting after section 751 the following:
``training and technical assistance
``Sec. 751A. (a) From the funds appropriated and made available to
carry out this chapter for any fiscal year, beginning with fiscal year
2015, the Commissioner shall first reserve not less than 1.8 percent
and not more than 2 percent of the funds to provide, either directly or
through grants, contracts, or cooperative agreements, training and
technical assistance to designated State agencies, or other providers
of independent living services for older individuals who are blind,
that are funded under this chapter for such fiscal year.
``(b) The Commissioner shall conduct a survey of designated State
agencies that receive grants under section 752 regarding training and
technical assistance needs in order to determine funding priorities for
such training and technical assistance.
``(c) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, an entity shall submit an
application to the Commissioner at such time, in such manner,
containing a proposal to provide such training and technical
assistance, and containing such additional information, as the
Commissioner may require. The Commissioner shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the provision of
services to older individuals who are blind.''.
SEC. 487. PROGRAM OF GRANTS.
Section 752 (29 U.S.C. 796k) is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively;
(3) in subsection (c)(2)--
(A) by striking ``subsection (j)'' and inserting
``subsection (i)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(4) in subsection (g), by inserting ``, or contracts or
cooperative agreements with,'' after ``grants to'';
(5) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``subsection
(j)(4)'' and inserting ``subsection (i)(4)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by adding
``and'' after the semicolon;
(ii) in subparagraph (B)(ii)(III), by
striking ``; and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(6) in subsection (i), as redesignated by paragraph (2)--
(A) in paragraph (2)(A)(ii), by inserting ``, and
not reserved under section 751A,'' after ``section
753'';
(B) in paragraph (3)(A), by inserting ``, and not
reserved under section 751A,'' after ``section 753'';
and
(C) in paragraph (4)(B)(i), by striking
``subsection (i)'' and inserting ``subsection (h)''.
SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 753 (29 U.S.C. 796l) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$33,317,000 for fiscal year 2015, $35,890,000 for fiscal
year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal
year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal
year 2020.''.
Subtitle I--General Provisions
SEC. 491. TRANSFER OF FUNCTIONS REGARDING INDEPENDENT LIVING TO
DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND SAVINGS
PROVISIONS.
(a) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Administration for Community Living'' means
the Administration for Community Living of the Department of
Health and Human Services;
(2) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(3) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(4) the term ``Rehabilitation Services Administration''
means the Rehabilitation Services Administration of the Office
of Special Education and Rehabilitative Services of the
Department of Education.
(b) Transfer of Functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration exercised
before the effective date of this section (including all related
functions of any officer or employee of that Administration) under
chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796
et seq).
(c) Personnel Determinations by the Office of Management and
Budget.--The Office of Management and Budget shall--
(1) ensure that this section does not result in any net
increase in full-time equivalent employees at any Federal
agency impacted by this section; and
(2) not later than 1 year after the effective date of this
section, certify compliance with this subsection 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.
(d) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this section, the
Administrator of the Administration for Community Living may delegate
any of the functions transferred to the Administrator of such
Administration by subsection (b) and any function described in
subsection (b) that was transferred or granted to such Administrator
after the effective date of this section to such officers and employees
of such Administration as the Administrator may designate, and may
authorize successive redelegations of such functions described in
subsection (b) as may be necessary or appropriate. No delegation of
such functions by the Administrator of the Administration for Community
Living under this subsection or under any other provision of this
section shall relieve such Administrator of responsibility for the
administration of such functions.
(e) Reorganization.--Except where otherwise expressly prohibited by
law or otherwise provided by this Act, the Administrator of the
Administration for Community Living is authorized to allocate or
reallocate any function transferred under subsection (b) among the
officers of such Administration, and to consolidate, alter, or
discontinue such organizational entities in such Administration as may
be necessary or appropriate.
(f) Rules.--The Administrator of the Administration for Community
Living is authorized to prescribe, in accordance with the provisions of
chapters 5 and 6 of title 5, United States Code, such rules and
regulations as that Administrator determines necessary or appropriate
to administer and manage the functions described in subsection (b) of
that Administration.
(g) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by subsection (b), subject to section 1531 of title 31,
United States Code, shall be transferred to the Administration for
Community Living. Unexpended funds transferred pursuant to this
subsection shall be used only for the purposes for which the funds were
originally authorized and appropriated.
(h) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions transferred by subsection (b), and to make such
additional incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the provisions of
this section. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this section and for such further measures and dispositions as may
be necessary to effectuate the purposes of this section, with respect
to such functions.
(i) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions
which are transferred under subsection (b); and
(B) which are in effect at the time this section
takes effect, or were final before the effective date
of this section and are to become effective on or after
the effective date of this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Administrator of the
Administration for Community Living or other authorized
official, a court of competent jurisdiction, or by operation of
law.
(2) Proceedings not affected.--The provisions of this
section shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before the
Rehabilitation Services Administration at the time this section
takes effect, with respect to functions transferred by
subsection (b) but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this section had not been enacted, and
orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this paragraph shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or
modified if this section had not been enacted.
(3) Suits not affected.--The provisions of this section
shall not affect suits commenced (with respect to functions
transferred under subsection (b)) before the effective date of
this section, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), or by or against any individual in the
official capacity of such individual as an officer of the
Rehabilitation Services Administration (with regard to
functions transferred under subsection (b)), shall abate by
reason of the enactment of this section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the
Rehabilitation Services Administration (with regard to
functions transferred under subsection (b)) may be continued by
the Administration for Community Living with the same effect as
if this section had not been enacted.
(j) Separability.--If a provision of this section or its
application to any person or circumstance is held invalid, neither the
remainder of this section nor the application of the provision to other
persons or circumstances shall be affected.
(k) References.--A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Commissioner of the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), shall be deemed to refer to the Administrator
of the Administration for Community Living; and
(2) the Rehabilitation Services Administration (with regard
to functions transferred under subsection (b)), shall be deemed
to refer to the Administration for Community Living.
(l) Transition.--The Administrator of the Administration for
Community Living is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Rehabilitation Services Administration with
regard to functions transferred under subsection (b); and
(2) funds appropriated to such functions,
for such period of time as may reasonably be needed to facilitate the
orderly implementation of this section.
(m) Administration for Community Living.--
(1) Transfer of functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration
exercised before the effective date of this section (including
all related functions of any officer or employee of that
Administration) under the Assistive Technology Act of 1998 (29
U.S.C. 3001 et seq.).
(2) Administrative matters.--Subsections (d) through (l)
shall apply to transfers described in paragraph (1).
(n) National Institute on Disability, Independent Living, and
Rehabilitation Research.--
(1) Definitions.--For purposes of this subsection, unless
otherwise provided or indicated by the context--
(A) the term ``NIDILRR'' means the National
Institute on Disability, Independent Living, and
Rehabilitation Research of the Administration for
Community Living of the Department of Health and Human
Services; and
(B) the term ``NIDRR'' means the National Institute
on Disability and Rehabilitation Research of the Office
of Special Education and Rehabilitative Services of the
Department of Education.
(2) Transfer of functions.--There are transferred to the
NIDILRR, all functions which the Director of the NIDRR
exercised before the effective date of this section (including
all related functions of any officer or employee of the NIDRR).
(3) Administrative matters.--
(A) In general.--Subsections (d) through (l) shall
apply to transfers described in paragraph (2).
(B) References.--For purposes of applying those
subsections under subparagraph (A), those subsections--
(i) shall apply to the NIDRR and the
Director of the NIDRR in the same manner and to
the same extent as those subsections apply to
the Rehabilitation Services Administration and
the Commissioner of that Administration; and
(ii) shall apply to the NIDILRR and the
Director of the NIDILRR in the same manner and
to the same extent as those subsections apply
to the Administration for Community Living and
the Administrator of that Administration.
(o) References in Assistive Technology Act of 1998.--
(1) Secretary.--Section 3(13) of the Assistive Technology
Act of 1998 (29 U.S.C. 3002(13)) is amended by striking
``Education'' and inserting ``Health and Human Services''.
(2) National activities.--Section 6(d)(4) of the Assistive
Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by
striking ``Education'' and inserting ``Health and Human
Services''.
(3) General administration.--Section 7 of the Assistive
Technology Act of 1998 (29 U.S.C. 3006) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``the
Assistant Secretary'' and all that follows
through ``Rehabilitation Services
Administration,'' and inserting ``the
Administrator of the Administration for
Community Living'';
(ii) in paragraph (2), by striking ``The
Assistant Secretary'' and all that follows and
inserting ``The Administrator of the
Administration for Community Living shall
consult with the Office of Special Education
Programs of the Department of Education, the
Rehabilitation Services Administration of the
Department of Education, the Office of
Disability Employment Policy of the Department
of Labor, the National Institute on Disability,
Independent Living, and Rehabilitation
Research, and other appropriate Federal
entities in the administration of this Act.'';
and
(iii) in paragraph (3), by striking ``the
Rehabilitation Services Administration'' and
inserting ``the Administrator of the
Administration for Community Living''; and
(B) in subsection (c)(5), by striking ``Education''
and inserting ``Health and Human Services''.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended--
(1) by striking the item relating to section 109 and
inserting the following:
``Sec. 109. Training and services for employers.'';
(2) by inserting after the item relating to section 112 the
following:
``Sec. 113. Provision of pre-employment transition services.'';
(3) by striking the item relating to section 202 and
inserting the following:
``Sec. 202. National Institute on Disability, Independent Living, and
Rehabilitation Research.'';
(4) by striking the item relating to section 205 and
inserting the following:
``Sec. 205. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
``Sec. 206. Definition of covered school.'';
(5) by striking the items relating to sections 304, 305,
and 306 and inserting the following:
``Sec. 304. Measuring of project outcomes and performance.''.
(6) by inserting after the item relating to section 509 the
following:
``Sec. 511. Limitations on use of subminimum wage.'';
(7) by striking the items relating to title VI and
inserting the following:
``TITLE VI--EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
``Sec. 601. Short title.
``Sec. 602. Purpose.
``Sec. 603. Allotments.
``Sec. 604. Availability of services.
``Sec. 605. Eligibility.
``Sec. 606. State plan.
``Sec. 607. Restriction.
``Sec. 608. Savings provision.
``Sec. 609. Advisory Committee on Increasing Competitive Integrated
Employment for Individuals with
Disabilities.
``Sec. 610. Authorization of appropriations.''; and
(8) in the items relating to title VII--
(A)(i) by inserting after the item relating to
section 701 the following:
``Sec. 701A. Administration of the independent living program.'';
and
(ii) by striking the item relating to section 706
and inserting the following:
``Sec. 706. Responsibilities of the Administrator.'';
(B) by inserting after the item relating to section
711 the following:
``Sec. 711A. Training and technical assistance.'';
and
(C) by inserting after the item relating to section
751 the following:
``Sec. 751A. Training and technical assistance.''.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
SEC. 501. PRIVACY.
(a) Section 444 of the General Education Provisions Act.--Nothing
in this Act (including the amendments made by this Act) shall be
construed to supersede the privacy protections afforded parents and
students under section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
(b) Prohibition on Development of National Database.--
(1) In general.--Nothing in this Act (including the
amendments made by this Act) shall be construed to permit the
development of a national database of personally identifiable
information on individuals receiving services under title I or
under the amendments made by title IV.
(2) Limitation.--Nothing in paragraph (1) shall be
construed to prevent the proper administration of national
programs under subtitles C and D of title I, or the amendments
made by title IV (as the case may be), or to carry out program
management activities consistent with title I or the amendments
made by title IV (as the case may be).
SEC. 502. BUY-AMERICAN REQUIREMENTS.
(a) Compliance With Buy American Act.--None of the funds made
available under title I or II or under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) may be expended by an entity unless the entity agrees that
in expending the funds the entity will comply with sections 8301
through 8303 of title 41, United States Code (commonly known as the
``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available under title I or II or under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.), it is the sense of Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available under title I
or II or under the Wagner-Peyser Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available
under title I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.), pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations, as such sections were in effect on August 7,
1998, or pursuant to any successor regulations.
SEC. 503. TRANSITION PROVISIONS.
(a) Workforce Development Systems and Investment Activities.--The
Secretary of Labor and the Secretary of Education shall take such
actions as the Secretaries determine to be appropriate to provide for
the orderly transition from any authority under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) to any authority under
subtitle A of title I. Such actions shall include the provision of
guidance related to unified State planning, combined State planning,
and the performance accountability system described in such subtitle.
(b) Workforce Investment Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the
Workforce Investment Act of 1998 to any authority under subtitles B
through E of title I.
(c) Adult Education and Literacy Programs.--The Secretary of
Education shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any authority
under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et
seq.), as in effect on the day before the date of enactment of this
Act, to any authority under the Adult Education and Family Literacy
Act, as amended by this Act.
(d) Employment Services Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), as in effect on the day before the
date of enactment of this Act, to any authority under the Wagner-Peyser
Act, as amended by this Act.
(e) Vocational Rehabilitation Programs.--The Secretary of Education
and the Secretary of Health and Human Services shall take such actions
as the Secretaries determine to be appropriate to provide for the
orderly transition from any authority under the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), as in effect on the day before the date
of enactment of this Act, to any authority under the Rehabilitation Act
of 1973, as amended by this Act.
(f) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Labor, the
Secretary of Education, and the Secretary of Health and Human
Services, as appropriate, shall develop and publish in the
Federal Register proposed regulations relating to the
transition to, and implementation of, this Act (including the
amendments made by this Act).
(2) Final regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretaries described in
paragraph (1), as appropriate, shall develop and publish in the
Federal Register final regulations relating to the transition
to, and implementation of, this Act (including the amendments
made by this Act).
(g) Expenditure of Funds During Transition.--
(1) In general.--Subject to paragraph (2) and in accordance
with regulations developed under subsection (f), States, grant
recipients, administrative entities, and other recipients of
financial assistance under the Workforce Investment Act of 1998
may expend funds received under such Act in order to plan and
implement programs and activities authorized under this Act.
(2) Additional requirements.--Not more than 2 percent of
any allotment to any State from amounts appropriated under the
Workforce Investment Act of 1998 for fiscal year 2014 may be
made available to carry out activities authorized under
paragraph (1) and not less than 50 percent of any amount used
to carry out activities authorized under paragraph (1) shall be
made available to local entities for the purposes of the
activities described in such paragraph.
SEC. 504. REDUCTION OF REPORTING BURDENS AND REQUIREMENTS.
In order to simplify reporting requirements and reduce reporting
burdens, the Secretary of Labor, the Secretary of Education, and the
Secretary of Health and Human Services shall establish procedures and
criteria under which a State board and local board may reduce reporting
burdens and requirements under this Act (including the amendments made
by this Act).
SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND STATE DATABASES AND
DATA EXCHANGE AGREEMENTS.
(a) In General.--The Comptroller General of the United States shall
prepare and submit an interim report and a final report to Congress
regarding existing Federal and State databases and data exchange
agreements, as of the date of the report, that contain job training
information relevant to the administration of programs authorized under
this Act and the amendments made by this Act.
(b) Requirements.--The report required under subsection (a) shall--
(1) list existing Federal and State databases and data
exchange agreements described in subsection (a) and, for each,
describe--
(A) the purposes of the database or agreement;
(B) the data elements, such as wage and employment
outcomes, contained in the database or accessible under
the agreement;
(C) the data elements described in subparagraph (B)
that are shared between States;
(D) the Federal and State workforce training
programs from which each Federal and State database
derives the data elements described in subparagraph
(B);
(E) the number and type of Federal and State
agencies having access to such data;
(F) the number and type of private research
organizations having access to, through grants,
contracts, or other agreements, such data; and
(G) whether the database or data exchange agreement
provides for opt-out procedures for individuals whose
data is shared through the database or data exchange
agreement;
(2) study the effects that access by State workforce
agencies and the Secretary of Labor to the databases and data
exchange agreements described in subsection (a) would have on
efforts to carry out this Act and the amendments made by this
Act, and on individual privacy;
(3) explore opportunities to enhance the quality,
reliability, and reporting frequency of the data included in
such databases and data exchange agreements;
(4) describe, for each database or data exchange agreement
considered by the study described in subsection (a), the number
of individuals whose data is contained in each database or
accessible through the data agreement, and the specific data
elements contained in each that could be used to personally
identify an individual;
(5) include the number of data breaches having occurred
since 2004 to data systems administered by Federal and State
agencies;
(6) include the number of data breaches regarding any type
of personal data having occurred since 2004 to private research
organizations with whom Federal and State agencies contract for
studies; and
(7) include a survey of the security protocols used for
protecting personal data, including best practices shared
amongst States for access to, and administration of, data
elements stored and recommendations for improving security
protocols for the safe warehousing of data elements.
(c) Timing of Reports.--
(1) Interim report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall prepare
and submit to Congress an interim report regarding the initial
findings of the report required under this section.
(2) Final report.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall prepare
and submit to Congress the final report required under this
section.
SEC. 506. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this
Act, including the amendments made by this Act, shall take effect on
the first day of the first full program year after the date of
enactment of this Act.
(b) Application Date for Workforce Development Performance
Accountability System.--
(1) In general.--Section 136 of the Workforce Investment
Act of 1998 (29 U.S.C. 2871), as in effect on the day before
the date of enactment of this Act, shall apply in lieu of
section 116 of this Act, for the first full program year after
the date of enactment of this Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in
section 136 of the Workforce Investment Act of 1998 to
a provision in such Act (29 U.S.C. 2801 et seq.), other
than to a provision in such section or section 112 of
such Act, shall be deemed to refer to the corresponding
provision of this Act;
(B) the terms ``local area'', ``local board'',
``one-stop partner'', and ``State board'' have the
meanings given the terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms
used in such section 136 shall have the meanings given
the terms in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801);
(D) any agreement negotiated and reached under
section 136(c)(2) of the Workforce Investment Act of
1998 (29 U.S.C. 2871(c)(2)) shall remain in effect,
until a new agreement is so negotiated and reached, for
that first full program year;
(E) if a State or local area fails to meet levels
of performance under subsection (g) or (h),
respectively, of section 136 of the Workforce
Investment Act of 1998 during that first full program
year, the sanctions provided under such subsection
shall apply during the second full program year after
the date of enactment of this Act; and
(F) the Secretary shall use an amount retained, as
a result of a reduction in an allotment to a State made
under section 136(g)(1)(B) of such Act (29 U.S.C.
2871(g)(1)(B)), to provide technical assistance as
described in subsections (f)(1) and (g)(1) of section
116 of this Act, in lieu of incentive grants under
section 503 of the Workforce Investment Act of 1998 (20
U.S.C. 9273) as provided in section 136(g)(2) of such
Act (29 U.S.C. 2871(g)(2)).
(c) Application Date for State and Local Plan Provisions.--
(1) Implementation.--Sections 112 and 118 of the Workforce
Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect on
the day before the date of enactment of this Act, shall apply
to implementation of State and local plans, in lieu of sections
102 and 103, and section 108, respectively, of this Act, for
the first full program year after the date of enactment of this
Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in
section 112 or 118 of the Workforce Investment Act of
1998 to a provision in such Act (29 U.S.C. 2801 et
seq.), other than to a provision in or to either such
section or to section 136 of such Act, shall be deemed
to refer to the corresponding provision of this Act;
(B) the terms ``local area'', ``local board'',
``one-stop partner'', and``State board'' have the
meanings given the terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms
used in such section 112 or 118 shall have the meanings
given the terms in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801); and
(D) section 112(b)(18)(D) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall
not apply.
(3) Submission.--Sections 102, 103, and 108 of this Act
shall apply to plans for the second full program year after the
date of enactment, including the development, submission, and
approval of such plans during the first full program year after
such date.
(d) Disability Provisions.--Except as otherwise provided in title
IV of this Act, title IV, and the amendments made by title IV, shall
take effect on the date of enactment of this Act.
Subtitle B--Amendments to Other Laws
SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT OF 1998.
(a) Workforce Investment Act of 1998.--The Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.) is repealed.
(b) Grants to States for Workplace and Community Transition
Training for Incarcerated Individuals.--Section 821 of the Higher
Education Amendments of 1998 (20 U.S.C. 1151) is repealed.
SEC. 512. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 414(c)(3)(C) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) is amended by
striking ``entities involved in administering the workforce investment
system established under title I of the Workforce Investment Act of
1998'' and inserting ``entities involved in administering the workforce
development system, as defined in section 3 of the Workforce Innovation
and Opportunity Act''.
(b) Assistive Technology Act of 1998.--The Assistive Technology Act
of 1998 (29 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is
amended by striking ``such as a one-stop partner, as defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801)'' and inserting ``such as a one-stop partner, as defined
in section 3 of the Workforce Innovation and Opportunity Act''.
(2) Section 4 of such Act (29 U.S.C. 3003) is amended--
(A) in subsection (c)(2)(B)(i)(IV), by striking ``a
representative of the State workforce investment board
established under section 111 of the Workforce
Investment Act of 1998 (29 U.S.C. 2821)'' and inserting
``a representative of the State workforce development
board established under section 101 of the Workforce
Innovation and Opportunity Act''; and
(B) in subsection (e)--
(i) in paragraph (2)(D)(i), by striking
``such as one-stop partners, as defined in
section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801),'' and inserting ``such
as one-stop partners, as defined in section 3
of the Workforce Innovation and Opportunity
Act,''; and
(ii) in paragraph (3)(B)(ii)(I)(aa), by
striking ``with entities in the statewide and
local workforce investment systems established
under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.),'' and inserting ``with
entities in the statewide and local workforce
development systems established under the
Workforce Innovation and Opportunity Act,''.
(c) Alaska Natural Gas Pipeline Act.--Section 113(a)(2) of the
Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is amended by
striking ``consistent with the vision and goals set forth in the State
of Alaska Unified Plan, as developed pursuant to the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``consistent with the vision and goals set forth in the State of Alaska
unified plan or combined plan, as appropriate, as developed pursuant to
section 102 or 103, as appropriate, of the Workforce Innovation and
Opportunity Act''.
(d) Atomic Energy Defense Act.--Section 4604(c)(6)(A) of the Atomic
Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is amended by striking
``programs carried out by the Secretary of Labor under the Job Training
Partnership Act or title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``programs carried out by the
Secretary of Labor under title I of the Workforce Innovation and
Opportunity Act''.
(e) Carl D. Perkins Career and Technical Education Act of 2006.--
The Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) is amended as follows:
(1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2)) is
amended--
(A) in the paragraph heading, by striking ``Public
law 105-220'' and inserting ``Workforce innovation and
opportunity act''; and
(B) by striking ``functions and activities carried
out under Public Law 105-220'' and inserting
``functions and activities carried out under the
Workforce Innovation and Opportunity Act''.
(2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4)) is
amended--
(A) in subparagraph (A), by striking ``activities
undertaken by the State boards under section 111 of
Public Law 105-220'' and inserting ``activities
undertaken by the State boards under section 101 of the
Workforce Innovation and Opportunity Act''; and
(B) in subparagraph (B), by striking ``the service
delivery system under section 121 of Public Law 105-
220'' and inserting ``the one-stop delivery system
under section 121 of the Workforce Innovation and
Opportunity Act''.
(3) Section 122 of such Act (20 U.S.C. 2342) is amended--
(A) in subsection (b)(1)(A)(viii), by striking
``entities participating in activities described in
section 111 of Public Law 105-220'' and inserting
``entities participating in activities described in
section 101 of the Workforce Innovation and Opportunity
Act'';
(B) in subsection (c)(20), by striking ``the
description and information specified in sections
112(b)(8) and 121(c) of Public Law 105-220 concerning
the provision of services only for postsecondary
students and school dropouts'' and inserting ``the
description and information specified in subparagraphs
(B) and (C)(iii) of section 102(b)(2), and, as
appropriate, section 103(b)(3)(A), and section 121(c),
of the Workforce Innovation and Opportunity Act
concerning the provision of services only for
postsecondary students and school dropouts''; and
(C) in subsection (d)(2)--
(i) in the paragraph heading, by striking
``501 plan'' and inserting ``combined plan'';
and
(ii) by striking ``as part of the plan
submitted under section 501 of Public Law 105-
220'' and inserting ``as part of the plan
submitted under section 103 of the Workforce
Innovation and Opportunity Act''.
(4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13))
is amended by striking ``such as through referral to the system
established under section 121 of Public Law 105-220'' and
inserting ``such as through referral to the system established
under section 121 of the Workforce Innovation and Opportunity
Act''.
(5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5)) is
amended by striking ``entities participating in activities
described in section 117 of Public Law 105-220 (if
applicable)'' and inserting ``entities participating in
activities described in section 107 of the Workforce Innovation
and Opportunity Act (if applicable)''.
(6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16))
is amended by striking ``such as through referral to the system
established under section 121 of Public Law 105-220 (29 U.S.C.
2801 et seq.)'' and inserting ``such as through referral to the
system established under section 121 of the Workforce
Innovation and Opportunity Act''.
(7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1)) is
amended by striking ``Chapters 4 and 5 of subtitle B of title I
of Public Law 105-220'' and inserting ``Chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act''.
(f) Community Services Block Grant Act.--Section 676(b)(5) of the
Community Services Block Grant Act (42 U.S.C. 9908(b)(5)) is amended by
striking ``the eligible entities will coordinate the provision of
employment and training activities, as defined in section 101 of such
Act, in the State and in communities with entities providing activities
through statewide and local workforce investment systems under the
Workforce Investment Act of 1998'' and inserting ``the eligible
entities will coordinate the provision of employment and training
activities, as defined in section 3 of the Workforce Innovation and
Opportunity Act, in the State and in communities with entities
providing activities through statewide and local workforce development
systems under such Act''.
(g) Compact of Free Association Amendments Act of 2003.--The
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et
seq.) is amended as follows:
(1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C.
1921d(f)(1)(B)(iii)) is amended by striking ``title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
other than subtitle C of that Act (29 U.S.C. 2881 et seq.) (Job
Corps), title II of the Workforce Investment Act of 1998 (20
U.S.C. 9201 et seq.; commonly known as the Adult Education and
Family Literacy Act),'' and inserting ``titles I (other than
subtitle C) and II of the Workforce Innovation and Opportunity
Act,''.
(2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is
amended by striking ``subtitle C of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job
Corps)'' and inserting ``subtitle C of title I of the Workforce
Innovation and Opportunity Act (relating to Job Corps)''.
(h) Domestic Volunteer Service Act of 1973.--Section 103(d) of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended
by striking ``employment.'' and all that follows and inserting the
following: ``employment. Whenever feasible, such efforts shall be
coordinated with an appropriate local workforce development board
established under section 107 of the Workforce Innovation and
Opportunity Act.''.
(i) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
as follows:
(1) Section 1203(c)(2)(A) of such Act (20 U.S.C.
6363(c)(2)(A)) is amended--
(A) by striking ``, in consultation with the
National Institute for Literacy,''; and
(B) by striking clause (ii); and
(C) by redesignating clauses (iii) and (iv) as
clauses (ii) and (iii), respectively.
(2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B))
is amended by striking ``any relevant programs under the Adult
Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce
Investment Act of 1998'' and inserting ``any relevant programs
under the Adult Education and Family Literacy Act, the
Individuals with Disabilities Education Act, and title I of the
Workforce Innovation and Opportunity Act''.
(3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is
amended by striking ``a description of how the program under
this subpart will be coordinated with other Federal, State, and
local programs, such as programs under title I of Public Law
105-220'' and inserting ``a description of how the program
under this subpart will be coordinated with other Federal,
State, and local programs, such as programs under title I of
the Workforce Innovation and Opportunity Act''.
(4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is
amended by striking ``coordinate funds received under this
subpart with other local, State, and Federal funds available to
provide services to participating children and youth, such as
funds made available under title I of Public Law 105-220,'' and
inserting ``coordinate funds received under this subpart with
other local, State, and Federal funds available to provide
services to participating children and youth, such as funds
made available under title I of the Workforce Innovation and
Opportunity Act,''.
(5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H))
is amended by striking ``the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.)'' and inserting ``the Workforce
Innovation and Opportunity Act''.
(j) Environmental Programs Assistance Act of 1984.--Section 2(a) of
the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a))
is amended by striking ``Funding for such grants or agreements may be
made available from such programs or through title V of the Older
Americans Act of 1965 and subtitle D of title I of the Workforce
Investment Act of 1998'' and inserting ``Funding for such grants or
agreements may be made available from such programs or through title V
of the Older Americans Act of 1965 and subtitle D of title I of the
Workforce Innovation and Opportunity Act''.
(k) Energy Conservation and Production Act.--Section 414(b)(3) of
the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is
amended by striking ``securing, to the maximum extent practicable, the
services of volunteers and training participants and public service
employment workers, pursuant to title I of the Workforce Investment Act
of 1998'' and inserting ``securing, to the maximum extent practicable,
the services of volunteers and training participants and public service
employment workers, pursuant to title I of the Workforce Innovation and
Opportunity Act''.
(l) Food and Nutrition Act of 2008.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended as follows:
(1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended
by striking ``Notwithstanding section 181(a)(2) of the
Workforce Investment Act of 1998, earnings to individuals
participating in on-the-job-training under title I of the
Workforce Investment Act of 1998'' and inserting
``Notwithstanding section 181(a)(2) of the Workforce Innovation
and Opportunity Act, earnings to individuals participating in
on-the-job training under title I of such Act''.
(2) Section 6 of such Act (7 U.S.C. 2015) is amended--
(A) in subsection (d)(4)(M), by striking
``activities under title I of the Workforce Investment
Act of 1998'' and inserting ``activities under title I
of the Workforce Innovation and Opportunity Act'';
(B) in subsection (e)(3)(A), by striking ``a
program under title I of the Workforce Investment Act
of 1998'' and inserting ``a program under title I of
the Workforce Innovation and Opportunity Act''; and
(C) in subsection (o)(1)(A), by striking ``a
program under the title I of the Workforce Investment
Act of 1998'' and inserting ``a program under title I
of the Workforce Innovation and Opportunity Act''.
(3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is
amended by striking ``a program carried out under title I of
the Workforce Investment Act of 1998'' and inserting ``a
program carried out under title I of the Workforce Innovation
and Opportunity Act''.
(m) Full Employment and Balanced Growth Act of 1978.--Section 206
of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116)
is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``the Secretary of Labor shall, as
appropriate, fully utilize the authority provided under the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998'' and inserting ``the Secretary of Labor
shall, as appropriate, fully utilize the authority provided
under title I of the Workforce Innovation and Opportunity
Act''; and
(2) in subsection (c)(1), by striking ``the President
shall, as may be authorized by law, establish reservoirs of
public employment and private nonprofit employment projects, to
be approved by the Secretary of Labor, through expansion of
title I of the Workforce Investment Act of 1998'' and inserting
``the President shall, as may be authorized by law, establish
reservoirs of public employment and private nonprofit
employment projects, to be approved by the Secretary of Labor,
through expansion of activities under title I of the Workforce
Innovation and Opportunity Act''.
(n) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended as follows:
(1) Section 418A of such Act (20 U.S.C. 1070d-2) is
amended--
(A) in subsection (b)(1)(B)(ii), by striking
``section 167 of the Workforce Investment Act of 1998''
and inserting ``section 167 of the Workforce Innovation
and Opportunity Act''; and
(B) in subsection (c)(1)(A), by striking ``section
167 of the Workforce Investment Act of 1998'' and
inserting ``section 167 of the Workforce Innovation and
Opportunity Act''.
(2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1))
is amended by striking ``The term `dislocated worker' has the
meaning given the term in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)'' and inserting ``The
term `dislocated worker' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act''.
(3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is
amended by striking ``a dislocated worker (as defined in
section 101 of the Workforce Investment Act of 1998)'' and
inserting ``a dislocated worker (as defined in section 3 of the
Workforce Innovation and Opportunity Act)''.
(4) Section 480(b)(1)(I) of such Act (20 U.S.C.
1087vv(b)(1)(I)) is amended by striking ``benefits received
through participation in employment and training activities
under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``benefits received
through participation in employment and training activities
under title I of the Workforce Innovation and Opportunity
Act''.
(5) Section 803 of such Act (20 U.S.C. 1161c) is amended--
(A) in subsection (i)(1), by striking ``for changes
to this Act and related Acts, such as the Carl D.
Perkins Career and Technical Education Act of 2006 and
the Workforce Investment Act of 1998 (including titles
I and II), to help create and sustain business and
industry workforce partnerships at institutions of
higher education'' and inserting ``for changes to this
Act and related Acts, such as the Carl D. Perkins
Career and Technical Education Act of 2006 and the
Workforce Innovation and Opportunity Act (including
titles I and II), to help create and sustain business
and industry workforce partnerships at institutions of
higher education''; and
(B) in subsection (j)(1)--
(i) in subparagraph (A)(ii), by striking
``local board (as such term is defined in
section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801))'' and inserting ``local
board (as such term is defined in section 3 of
the Workforce Innovation and Opportunity
Act)''; and
(ii) in subparagraph (B), by striking ``a
State board (as such term is defined in section
101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))'' and inserting ``a State board
(as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act)''.
(6) Section 861(c)(1)(B) of such Act (20 U.S.C.
1161q(c)(1)(B)) is amended by striking ``local boards (as such
term is defined in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801))'' and inserting ``local boards (as
such term is defined in section 3 of the Workforce Innovation
and Opportunity Act)''.
(7) Section 872(b)(2)(E) of such Act (20 U.S.C.
1161s(b)(2)(E)) is amended by striking ``local boards (as
defined in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801))'' and inserting ``local boards (as defined in
section 3 of the Workforce Innovation and Opportunity Act)''.
(o) Housing Act of 1949.--Section 504(c)(3) of the Housing Act of
1949 (42 U.S.C. 1474(c)(3)) is amended by striking ``an insufficient
number of volunteers and training participants and public service
employment workers, assisted pursuant to title I of the Workforce
Investment Act of 1998 or the Older American Community Service
Employment Act,'' and inserting ``an insufficient number of volunteers
and training participants and public service employment workers,
assisted pursuant to title I of the Workforce Innovation and
Opportunity Act or the Community Service Senior Opportunities Act,''.
(p) Housing and Urban Development Act of 1968.--Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)(B)(iii), by striking
``participants in YouthBuild programs receiving
assistance under section 173A of the Workforce
Investment Act of 1998'' and inserting ``participants
in YouthBuild programs receiving assistance under
section 171 of the Workforce Innovation and Opportunity
Act''; and
(B) in paragraph (2)(B), by striking ``participants
in YouthBuild programs receiving assistance under
section 173A of the Workforce Investment Act of 1998''
and inserting ``participants in YouthBuild programs
receiving assistance under section 171 of the Workforce
Innovation and Opportunity Act''; and
(2) in subsection (d)--
(A) in paragraph (1)(B)(iii), by striking ``To
YouthBuild programs receiving assistance under section
173A of the Workforce Investment Act of 1998'' and
inserting ``To YouthBuild programs receiving assistance
under section 171 of the Workforce Innovation and
Opportunity Act''; and
(B) in paragraph (2)(B), by striking ``to
YouthBuild programs receiving assistance under section
173A of the Workforce Investment Act of 1998'' and
inserting ``to YouthBuild programs receiving assistance
under section 171 of the Workforce Innovation and
Opportunity Act''.
(q) Immigration and Nationality Act.--Section 245A(h)(4)(F) of the
Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by
striking ``Title I of the Workforce Investment Act of 1998'' and
inserting ``Title I of the Workforce Innovation and Opportunity Act''.
(r) Internal Revenue Code of 1986.--Section 7527(e)(2) of the
Internal Revenue Code of 1986 is amended by inserting ``(as in effect
on the day before the date of enactment of the Workforce Innovation and
Opportunity Act)'' after ``of 1998''.
(s) McKinney-Vento Homeless Assistance Act.--Section 103(c)(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(c)(2)) is
amended by striking ``a homeless individual shall be eligible for
assistance under title I of the Workforce Investment Act of 1998'' and
inserting ``a homeless individual shall be eligible for assistance
under title I of the Workforce Innovation and Opportunity Act''.
(t) Museum and Library Services Act.--The Museum and Library
Services Act (20 U.S.C. 9101 et seq.) is amended as follows:
(1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is
amended by striking ``activities under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.) (including activities
under section 134(c) of such Act) (29 U.S.C. 2864(c))'' and
inserting ``activities under the Workforce Innovation and
Opportunity Act (including activities under section 121(e) of
such Act))''.
(2) Section 224(b)(6)(C) of such Act (20 U.S.C.
9134(b)(6)(C)) is amended--
(A) in clause (i), by striking ``the activities
carried out by the State workforce investment board
under section 111(d) of the Workforce Investment Act of
1998 (29 U.S.C. 2821(d))'' and inserting ``the
activities carried out by the State workforce
development board under section 101 of the Workforce
Innovation and Opportunity Act''; and
(B) in clause (ii), by striking ``the State's one-
stop delivery system established under section 134(c)
of such Act (29 U.S.C. 2864(c))'' and inserting ``the
State's one-stop delivery system established under
section 121(e) of such Act''.
(u) National and Community Service Act of 1990.--The National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as
follows:
(1) Section 112(a)(3)(B) of such Act (42 U.S.C.
12523(a)(3)(B)) is amended by striking ``or who may participate
in a Youthbuild program under section 173A of the Workforce
Investment Act of 1998 (29 U.S.C. 2918a)'' and inserting ``or
who may participate in a Youthbuild program under section 171
of the Workforce Innovation and Opportunity Act''.
(2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is
amended by striking ``coordinated with activities supported
with assistance made available under programs administered by
the heads of such agencies (including title I of the Workforce
Investment Act of 1998)'' and inserting ``coordinated with
activities supported with assistance made available under
programs administered by the heads of such agencies (including
title I of the Workforce Innovation and Opportunity Act)''.
(v) National Energy Conservation Policy Act.--Section 233 of the
National Energy Conservation and Policy Act (42 U.S.C. 6873) is
amended, in the matter preceding paragraph (1), by striking ``a
sufficient number of volunteers and training participants and public
service employment workers, assisted pursuant to title I of the
Workforce Investment Act of 1998 and the Older American Community
Service Employment Act'' and inserting ``a sufficient number of
volunteers and training participants and public service employment
workers, assisted pursuant to title I of the Workforce Innovation and
Opportunity Act and the Community Service Senior Opportunities Act''.
(w) Older Americans Act of 1965.--The Older Americans Act of 1965
(42 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 203 of such Act (42 U.S.C. 3013) is amended--
(A) in subsection (a)(2), by striking ``In
particular, the Secretary of Labor shall consult and
cooperate with the Assistant Secretary in carrying out
title I of the Workforce Investment Act of 1998'' and
inserting ``In particular, the Secretary of Labor shall
consult and cooperate with the Assistant Secretary in
carrying out title I of the Workforce Innovation and
Opportunity Act''; and
(B) in subsection (b)(1), by striking ``title I of
the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity
Act''.
(2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12))
is amended by striking ``including programs carried out under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``including programs carried out under the
Workforce Innovation and Opportunity Act''.
(3) Section 502 of such Act (42 U.S.C. 3056) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (H), by
striking ``will coordinate activities
with training and other services
provided under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801
et seq.), including utilizing the one-
stop delivery system of the local
workforce investment areas involved''
and inserting ``will coordinate
activities with training and other
services provided under title I of the
Workforce Innovation and Opportunity
Act, including utilizing the one-stop
delivery system of the local workforce
development areas involved'';
(II) in subparagraph (O)--
(aa) by striking ``through
the one-stop delivery system of
the local workforce investment
areas involved as established
under section 134(c) of the
Workforce Investment Act of
1998 (29 U.S.C. 2864(c)),'' and
inserting ``through the one-
stop delivery system of the
local workforce development
areas involved as established
under section 121(e) of the
Workforce Innovation and
Opportunity Act,''; and
(bb) by striking ``and will
be involved in the planning and
operations of such system
pursuant to a memorandum of
understanding with the local
workforce investment board in
accordance with section 121(c)
of such Act (29 U.S.C.
2841(c))'' and inserting ``and
will be involved in the
planning and operations of such
system pursuant to a memorandum
of understanding with the local
workforce development board in
accordance with section 121(c)
of such Act''; and
(III) in subparagraph (Q)--
(aa) in clause (i), by
striking ``paragraph (8),
relating to coordination with
other Federal programs, of
section 112(b) of the Workforce
Investment Act of 1998 (29
U.S.C. 2822(b))'' and inserting
``clauses (ii) and (viii) of
paragraph (2)(B), relating to
coordination with other Federal
programs, of section 102(b) of
the Workforce Innovation and
Opportunity Act''; and
(bb) in clause (ii), by
striking ``paragraph (14),
relating to implementation of
one-stop delivery systems, of
section 112(b) of the Workforce
Investment Act of 1998'' and
inserting ``paragraph
(2)(C)(i), relating to
implementation of one-stop
delivery systems, of section
102(b) of the Workforce
Innovation and Opportunity
Act''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``An assessment and service
strategy required by paragraph (1)(N)
to be prepared for an eligible
individual shall satisfy any condition
for an assessment and service strategy
or individual employment plan for an
adult participant under subtitle B of
title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2811 et seq.), in
order to determine whether such
eligible individual also qualifies for
intensive or training services
described in section 134(d) of such Act
(29 U.S.C. 2864(d)).'' and inserting
``An assessment and service strategy
required by paragraph (1)(N) to be
prepared for an eligible individual
shall satisfy any condition for an
assessment and service strategy or
individual employment plan for an adult
participant under subtitle B of title I
of the Workforce Innovation and
Opportunity Act, in order to determine
whether such eligible individual also
qualifies for career or training
services described in section 134(c) of
such Act.''; and
(II) in subparagraph (B)--
(aa) in the subparagraph
heading, by striking
``workforce investment act of
1998'' and inserting
``workforce innovation and
opportunity act''; and
(bb) by striking ``An
assessment and service strategy
or individual employment plan
prepared under subtitle B of
title I of the Workforce
Investment Act of 1998 (29
U.S.C. 2811 et seq.)'' and
inserting ``An assessment and
service strategy or individual
employment plan prepared under
subtitle B of title I of the
Workforce Innovation and
Opportunity Act''; and
(B) in subsection (e)(2)(B)(ii), by striking ``one-
stop delivery systems established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``one-stop delivery systems
established under section 121(e) of the Workforce
Innovation and Opportunity Act''.
(4) Section 503 of such Act (42 U.S.C. 3056a) is amended--
(A) in subsection (a)--
(i) in paragraph (2)(A), by striking ``the
State and local workforce investment boards
established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``the State and local
workforce development boards established under
title I of the Workforce Innovation and
Opportunity Act''; and
(ii) in paragraph (4)(F), by striking
``plans for facilitating the coordination of
activities of grantees in the State under this
title with activities carried out in the State
under title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.)'' and
inserting ``plans for facilitating the
coordination of activities of grantees in the
State under this title with activities carried
out in the State under title I of the Workforce
Innovation and Opportunity Act''; and
(B) in subsection (b)(2)(A), by striking ``with the
program carried out under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.)'' and inserting ``with
the program carried out under the Workforce Innovation
and Opportunity Act''.
(5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act
is amended by striking ``activities carried out under other
Acts, especially activities provided under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.), including
activities provided through one-stop delivery systems
established under section 134(c)) of such Act (29 U.S.C.
2864(c)),'' and inserting ``activities carried out under other
Acts, especially activities provided under the Workforce
Innovation and Opportunity Act, including activities provided
through one-stop delivery systems established under section
121(e) of such Act,''.
(6) Section 510 of such Act (42 U.S.C. 3056h) is amended--
(A) by striking ``by local workforce investment
boards and one-stop operators established under title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.)'' and inserting ``by local workforce
development boards and one-stop operators established
under title I of the Workforce Innovation and
Opportunity Act''; and
(B) by striking ``such title I'' and inserting
``such title''.
(7) Section 511 of such Act (42 U.S.C. 3056i) is amended--
(A) in subsection (a), by striking ``Grantees under
this title shall be one-stop partners as described in
subparagraphs (A) and (B)(vi) of section 121(b)(1) of
the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1)) in the one-stop delivery system established
under section 134(c) of such Act (29 U.S.C. 2864(c))
for the appropriate local workforce investment areas''
and inserting ``Grantees under this title shall be one-
stop partners as described in subparagraphs (A) and
(B)(v) of section 121(b)(1) of the Workforce Innovation
and Opportunity Act in the one-stop delivery system
established under section 121(e) of such Act for the
appropriate local workforce development areas''; and
(B) in subsection (b)(2), by striking ``be
signatories of the memorandum of understanding
established under section 121(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2841(c))'' and
inserting ``be signatories of the memorandum of
understanding established under section 121(c) of the
Workforce Innovation and Opportunity Act''.
(8) Section 518(b)(2)(F) of such Act (42 U.S.C.
3056p(b)(2)(F)) is amended by striking ``has failed to find
employment after utilizing services provided under title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``has failed to find employment after utilizing
services provided under title I of the Workforce Innovation and
Opportunity Act''.
(x) Personal Responsibility and Work Opportunity Reconciliation Act
of 1996.--Section 403(c)(2)(K) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is
amended by striking ``Benefits under the title I of the Workforce
Investment Act of 1998'' and inserting ``Benefits under title I of the
Workforce Innovation and Opportunity Act''.
(y) Patient Protection and Affordable Care Act.--Section
5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42
U.S. 294q(d)(3)(D)) is amended by striking ``other health care
workforce programs, including those supported through the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.),'' and inserting
``other health care workforce programs, including those supported
through the Workforce Innovation and Opportunity Act,''.
(z) Public Health Service Act.--The Public Health Service Act (42
U.S.C. 201 et seq.) is amended as follows:
(1) Section 399V(e) of such Act (42 U.S.C. 280g-11(e)) is
amended by striking ``one-stop delivery systems under section
134(c) of the Workforce Investment Act of 1998'' and inserting
``one-stop delivery systems under section 121(e) of the
Workforce Innovation and Opportunity Act''.
(2) Section 751(c)(1)(A) of such Act (42 U.S.C.
294a(c)(1)(A)) is amended by striking ``the applicable one-stop
delivery system under section 134(c) of the Workforce
Investment Act of 1998,'' and inserting ``the applicable one-
stop delivery system under section 121(e) of the Workforce
Innovation and Opportunity Act,''.
(3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is
amended by striking ``one-stop delivery system described in
section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c))'' and inserting ``one-stop delivery system
described in section 121(e) of the Workforce Innovation and
Opportunity Act''.
(aa) Runaway and Homeless Youth Act.--Section 322(a)(7) of the
Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(7)) is amended by
striking ``(including services and programs for youth available under
the Workforce Investment Act of 1998)'' and inserting ``(including
services and programs for youth available under the Workforce
Innovation and Opportunity Act)''.
(bb) Second Chance Act of 2007.--The Second Chance Act of 2007 (42
U.S.C. 17501 et seq.) is amended as follows:
(1) Section 212 of such Act (42 U.S.C. 17532) is amended--
(A) in subsection (c)(1)(B), by striking ``in
coordination with the one-stop partners and one-stop
operators (as such terms are defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801))
that provide services at any center operated under a
one-stop delivery system established under section
134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c)),'' and inserting ``in coordination with
the one-stop partners and one-stop operators (as such
terms are defined in section 3 of the Workforce
Innovation and Opportunity Act) that provide services
at any center operated under a one-stop delivery system
established under section 121(e) of the Workforce
Innovation and Opportunity Act,''; and
(B) in subsection (d)(1)(B)(iii), by striking ``the
local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832)),'' and inserting ``the local workforce
development boards established under section 107 of the
Workforce Innovation and Opportunity Act,''.
(2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is
amended by striking ``the one-stop partners and one-stop
operators (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide
services at any center operated under a one-stop delivery
system established under section 134(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2864(c))'' and inserting
``the one-stop partners and one-stop operators (as such terms
are defined in section 3 of the Workforce Innovation and
Opportunity Act) that provide services at any center operated
under a one-stop delivery system established under section
121(e) of the Workforce Innovation and Opportunity Act''.
(cc) Small Business Act.--Section 7(j)(13)(E) of the Small Business
Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ``an institution
eligible to provide skills training or upgrading under title I of the
Workforce Investment Act of 1998'' and inserting ``an institution
eligible to provide skills training or upgrading under title I of the
Workforce Innovation and Opportunity Act''.
(dd) Social Security Act.--The Social Security Act (42 U.S.C. 301
et seq.) is amended as follows:
(1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is
amended--
(A) in subparagraph (A)(vii)(I), by striking
``chief elected official (as defined in section 101 of
the Workforce Investment Act of 1998)'' and inserting
``chief elected official (as defined in section 3 of
the Workforce Innovation and Opportunity Act)''; and
(B) in subparagraph (D)(ii), by striking ``local
workforce investment board established for the service
delivery area pursuant to title I of the Workforce
Investment Act of 1998, as appropriate'' and inserting
``local workforce development board established for the
local workforce development area pursuant to title I of
the Workforce Innovation and Opportunity Act, as
appropriate''.
(2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b-
19(f)(1)(B)) is amended by striking ``a one-stop delivery
system established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)'' and inserting
``a one-stop delivery system established under section 121(e)
of the Workforce Innovation and Opportunity Act''.
(3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b-
20(a)(3)) is amended by striking ``a one-stop delivery system
established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)'' and inserting
``a one-stop delivery system established under section 121(e)
of the Workforce Innovation and Opportunity Act''.
(4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is
amended--
(A) in paragraph (2)(B), by striking ``the State
workforce investment board established under section
111 of the Workforce Investment Act of 1998'' and
inserting ``the State workforce development board
established under section 101 of the Workforce
Innovation and Opportunity Act''; and
(B) in paragraph (4)(A), by striking ``a local
workforce investment board established under section
117 of the Workforce Investment Act of 1998,'' and
inserting ``a local workforce development board
established under section 107 of the Workforce
Innovation and Opportunity Act,''.
(ee) Title 18 of the United States Code.--Section 665 of title 18
of the United States Code is amended--
(1) in subsection (a), by striking ``Whoever, being an
officer, director, agent, or employee of, or connected in any
capacity with any agency or organization receiving financial
assistance or any funds under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998'' and
inserting ``Whoever, being an officer, director, agent, or
employee of, or connected in any capacity with any agency or
organization receiving financial assistance or any funds under
title I of the Workforce Innovation and Opportunity Act or
title I of the Workforce Investment Act of 1998'';
(2) in subsection (b), by striking ``a contract of
employment in connection with a financial assistance agreement
or contract under the Job Training Partnership Act or title I
of the Workforce Investment Act of 1998'' and inserting ``a
contract of employment in connection with a financial
assistance agreement or contract under title I of the Workforce
Innovation and Opportunity Act or title I of the Workforce
Investment Act of 1998''; and
(3) in subsection (c), by striking ``Whoever willfully
obstructs or impedes or willfully endeavors to obstruct or
impede, an investigation or inquiry under the Job Training
Partnership Act or title I of the Workforce Investment Act of
1998,'' and inserting ``Whoever willfully obstructs or impedes
or willfully endeavors to obstruct or impede, an investigation
or inquiry under title I of the Workforce Innovation and
Opportunity Act or title I of the Workforce Investment Act of
1998,''.
(ff) Title 31 of the United States Code.--Section 6703(a)(4) of
title 31 of the United States Code is amended by striking ``Programs
under title I of the Workforce Investment Act of 1998.'' and inserting
``Programs under title I of the Workforce Innovation and Opportunity
Act.''.
(gg) Title 38 of the United States Code.--Title 38 of the United
States Code is amended as follows:
(1) Section 4101(9) of title 38 of the United States Code
is amended by striking ``The term `intensive services' means
local employment and training services of the type described in
section 134(d)(3) of the Workforce Investment Act of 1998'' and
inserting ``The term `career services' means local employment
and training services of the type described in section
134(c)(2) of the Workforce Innovation and Opportunity Act''.
(2) Section 4102A of title 38 of the United States Code is
amended--
(A) in subsection (d), by striking ``participation
of qualified veterans and eligible persons in
employment and training opportunities under title I of
the Workforce Investment Act of 1998'' and inserting
``participation of qualified veterans and eligible
persons in employment and training opportunities under
title I of the Workforce Innovation and Opportunity
Act''; and
(B) in subsection (f)(2)(A), by striking ``be
consistent with State performance measures applicable
under section 136(b) of the Workforce Investment Act of
1998'' and inserting ``be consistent with State
performance accountability measures applicable under
section 116(b) of the Workforce Innovation and
Opportunity Act''.
(3) Section 4104A of title 38 of the United States Code is
amended--
(A) in subsection (b)(1)(B), by striking ``the
appropriate State boards and local boards (as such
terms are defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and
inserting ``the appropriate State boards and local
boards (as such terms are defined in section 3 of the
Workforce Innovation and Opportunity Act)''; and
(B) in subsection (c)(1)(A), by striking ``the
appropriate State boards and local boards (as such
terms are defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and
inserting ``the appropriate State boards and local
boards (as such terms are defined in section 3 of the
Workforce Innovation and Opportunity Act)''.
(4) Section 4110B of title 38 of the United States Code is
amended by striking ``enter into an agreement with the
Secretary regarding the implementation of the Workforce
Investment Act of 1998 that includes the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2822(b))'' and inserting ``enter into an agreement with the
Secretary regarding the implementation of the Workforce
Innovation and Opportunity Act that includes the descriptions
described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the
Workforce Innovation and Opportunity Act and a description of
how the State board will carry out the activities described in
section 101(d)(3)(F) of such Act''.
(5) Section 4213(a)(4) of title 38 of the United States
Code is amended by striking ``Any employment or training
program carried out under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting ``Any
employment or training program carried out under title I of the
Workforce Innovation and Opportunity Act''.
(hh) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C. 2101 et
seq.) is amended as follows:
(1) Section 221(a) of such Act (19 U.S.C. 2271) is
amended--
(A) in paragraph (1)(C)--
(i) by striking ``, one-stop operators or
one-stop partners (as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C.
2801)) including State employment security
agencies,'' and inserting ``, one-stop
operators or one-stop partners (as defined in
section 3 of the Workforce Innovation and
Opportunity Act) including State employment
security agencies,''; and
(ii) by striking ``or the State dislocated
worker unit established under title I of such
Act,'' and inserting ``or a State dislocated
worker unit,''; and
(B) in subsection (a)(2)(A), by striking ``rapid
response activities and appropriate core and intensive
services (as described in section 134 of the Workforce
Investment Act of 1998 (29 U.S.C. 2864)) authorized
under other Federal laws'' and inserting ``rapid
response activities and appropriate career services (as
described in section 134 of the Workforce Innovation
and Opportunity Act) authorized under other Federal
laws''.
(2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C.
2272(d)(2)(A)(iv)) is amended by striking ``one-stop operators
or one-stop partners (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801))'' and
inserting ``one-stop operators or one-stop partners (as defined
in section 3 of the Workforce Innovation and Opportunity
Act)''.
(3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5)) is
amended--
(A) in subparagraph (B), by striking ``any training
program provided by a State pursuant to title I of the
Workforce Investment Act of 1998'' and inserting ``any
training program provided by a State pursuant to title
I of the Workforce Innovation and Opportunity Act'';
and
(B) in the flush text following subparagraph (H),
by striking ``The Secretary may not limit approval of a
training program under paragraph (1) to a program
provided pursuant to title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.).'' and
inserting ``The Secretary may not limit approval of a
training program under paragraph (1) to a program
provided pursuant to title I of the Workforce
Innovation and Opportunity Act.''.
(4) Section 239 of such Act (19 U.S.C. 2311) is amended--
(A) in subsection (f), by striking ``Any agreement
entered into under this section shall provide for the
coordination of the administration of the provisions
for employment services, training, and supplemental
assistance under sections 235 and 236 of this Act and
under title I of the Workforce Investment Act of 1998''
and inserting ``Any agreement entered into under this
section shall provide for the coordination of the
administration of the provisions for employment
services, training, and supplemental assistance under
sections 235 and 236 of this Act and under title I of
the Workforce Innovation and Opportunity Act''; and
(B) in subsection (h), by striking ``the
description and information described in paragraphs (8)
and (14) of section 112(b) of the Workforce Investment
Act of 1998 (29 U.S.C. 2822(b))'' and inserting ``the
descriptions described in sections 102(b)(2)(B)(ii) and
103(b)(3)(A) of the Workforce Innovation and
Opportunity Act, a description of how the State board
will carry out the activities described in section
101(d)(3)(F) of such Act,''.
(ii) United States Housing Act of 1937.--Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
(1) in subsection (b)(2)(A), by striking ``lack of
supportive services accessible to eligible families, which
shall include insufficient availability of resources for
programs under title I of the Workforce Investment Act of
1998'' and inserting ``lack of supportive services accessible
to eligible families, which shall include insufficient
availability of resources for programs under title I of the
Workforce Innovation and Opportunity Act'';
(2) in subsection (f)(2), by striking ``the local agencies
(if any) responsible for carrying out programs under title I of
the Workforce Investment Act of 1998 or the Job Opportunities
and Basic Skills Training Program under part F of title IV of
the Social Security Act,'' and inserting ``the local agencies
(if any) responsible for carrying out programs under title I of
the Workforce Innovation and Opportunity Act or the Job
Opportunities and Basic Skills Training Program under part F of
title IV of the Social Security Act,''; and
(3) in subsection (g)--
(A) in paragraph (2), by striking ``any local
agencies responsible for programs under title I of the
Workforce Investment Act of 1998 or the Job
Opportunities and Basic Skills Training Program under
part F of title IV of the Social Security Act'' and
inserting ``any local agencies responsible for programs
under title I of the Workforce Innovation and
Opportunity Act or the Job Opportunities and Basic
Skills Training Program under part F of title IV of the
Social Security Act''; and
(B) in paragraph (3)(H), by striking ``programs
under title I of the Workforce Investment Act of 1998
and any other relevant employment, child care,
transportation, training, and education programs in the
applicable area'' and inserting ``programs under title
I of the Workforce Innovation and Opportunity Act and
any other relevant employment, child care,
transportation, training, and education programs in the
applicable area''.
(jj) Violent Crime Control and Law Enforcement Act of 1994.--
Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking ``job
training programs authorized under title I of the Workforce Investment
Act of 1998 or the Family Support Act of 1988 (Public Law 100-485)''
and inserting ``job training programs authorized under title I of the
Workforce Innovation and Opportunity Act or the Family Support Act of
1988 (Public Law 100-485)''.
(kk) Worker Adjustment and Retraining Notification Act.--Section
3(a)(2) of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2102(a)(2)) is amended by striking ``the State or entity
designated by the State to carry out rapid response activities under
section 134(a)(2)(A) of the Workforce Investment Act of 1998,'' and
inserting ``the State or entity designated by the State to carry out
rapid response activities under section 134(a)(2)(A) of the Workforce
Innovation and Opportunity Act,''.
SEC. 513. REFERENCES.
(a) Workforce Investment Act of 1998 References.--Except as
otherwise specified, a reference in a Federal law to a provision of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) shall be
deemed to refer to the corresponding provision of this Act.
(b) Wagner-Peyser Act References.--Except as otherwise specified, a
reference in a Federal law to a provision of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) shall be deemed to refer to the corresponding
provision of such Act, as amended by this Act.
(c) Disability-related References.--Except as otherwise specified,
a reference in a Federal law to a provision of the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.) shall be deemed to refer to the
corresponding provision of such Act, as amended by this Act.
Amend the title so as to read: ``An Act to amend the
Workforce Investment Act of 1998 to strengthen the United
States workforce development system through innovation in, and
alignment and improvement of, employment, training, and
education programs in the United States, and to promote
individual and national economic growth, and for other
purposes.''.
Attest:
Secretary.
113th CONGRESS
2d Session
H.R. 803
_______________________________________________________________________
AMENDMENTS