[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 803 Engrossed in House (EH)]
113th CONGRESS
1st Session
H. R. 803
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Knowledge and Investing
in Lifelong Skills Act'' or the ``SKILLS Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
TITLE I--AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998
Subtitle A--Workforce Investment Definitions
Sec. 101. Definitions.
Subtitle B--Statewide and Local Workforce Investment Systems
Sec. 102. Purpose.
Sec. 103. State workforce investment boards.
Sec. 104. State plan.
Sec. 105. Local workforce investment areas.
Sec. 106. Local workforce investment boards.
Sec. 107. Local plan.
Sec. 108. Establishment of one-stop delivery system.
Sec. 109. Identification of eligible providers of training services.
Sec. 110. General authorization.
Sec. 111. State allotments.
Sec. 112. Within State allocations.
Sec. 113. Use of funds for employment and training activities.
Sec. 114. Performance accountability system.
Sec. 115. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 116. Job Corps purposes.
Sec. 117. Job Corps definitions.
Sec. 118. Individuals eligible for the Job Corps.
Sec. 119. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 120. Job Corps centers.
Sec. 121. Program activities.
Sec. 122. Counseling and job placement.
Sec. 123. Support.
Sec. 124. Operations.
Sec. 125. Community participation.
Sec. 126. Workforce councils.
Sec. 127. Technical assistance.
Sec. 128. Special provisions.
Sec. 129. Performance accountability management.
Subtitle D--National Programs
Sec. 130. Technical assistance.
Sec. 131. Evaluations.
Subtitle E--Administration
Sec. 132. Requirements and restrictions.
Sec. 133. Prompt allocation of funds.
Sec. 134. Fiscal controls; sanctions.
Sec. 135. Reports to Congress.
Sec. 136. Administrative provisions.
Sec. 137. State legislative authority.
Sec. 138. General program requirements.
Sec. 139. Federal agency staff and restrictions on political and
lobbying activities.
Subtitle F--State Unified Plan
Sec. 140. State unified plan.
TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
Sec. 201. Amendment.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Amendments to the Wagner-Peyser Act.
TITLE IV--REPEALS AND CONFORMING AMENDMENTS
Sec. 401. Repeals.
Sec. 402. Amendment to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
Sec. 403. Amendments to the Food and Nutrition Act of 2008.
Sec. 404. Amendments to section 412 of the Immigration and Nationality
Act.
Sec. 405. Amendments relating to the Second Chance Act of 2007.
Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act
of 1968.
Sec. 407. Conforming amendments to the United States Code.
Sec. 408. Conforming amendment to table of contents.
TITLE V--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 501. Findings.
Sec. 502. Rehabilitation services administration.
Sec. 503. Definitions.
Sec. 504. State plan.
Sec. 505. Scope of services.
Sec. 506. Standards and indicators.
Sec. 507. Collaboration with industry.
Sec. 508. Reservation for expanded transition services.
Sec. 509. Client assistance program.
Sec. 510. Title III amendments.
Sec. 511. Repeal of title VI.
Sec. 512. Chairperson.
Sec. 513. Authorizations of appropriations.
Sec. 514. Conforming amendments.
TITLE VI--STUDIES BY THE COMPTROLLER GENERAL
Sec. 601. Study by the Comptroller General on exhausting Federal Pell
Grants before accessing WIA funds.
Sec. 602. Study by the Comptroller General on administrative cost
savings.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the amendment or repeal shall be
considered to be made to a section or other provision of the Workforce
Investment Act of 1998 (29 U.S.C. 9201 et seq.).
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall be effective with respect to fiscal year 2014 and
succeeding fiscal years.
TITLE I--AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998
Subtitle A--Workforce Investment Definitions
SEC. 101. DEFINITIONS.
Section 101 (29 U.S.C. 2801) is amended--
(1) by striking paragraphs (13) and (24);
(2) by redesignating paragraphs (1) through (12) as
paragraphs (3) through (14), and paragraphs (14) through (23)
as paragraphs (15) through (24), respectively;
(3) by striking paragraphs (52) and (53);
(4) by inserting after ``In this title:'' the following new
paragraphs:
``(1) Accrued expenditures.--The term `accrued
expenditures' means charges incurred by recipients of funds
under this title for a given period requiring the provision of
funds for goods or other tangible property received; services
performed by employees, contractors, subgrantees,
subcontractors, and other payees; and other amounts becoming
owed under programs assisted under this title for which no
current services or performance is required, such as annuities,
insurance claims, and other benefit payments.
``(2) Administrative costs.--The term `administrative
costs' means expenditures incurred by State and local workforce
investment boards, direct recipients (including State grant
recipients under subtitle B and recipients of awards under
subtitles C and D), 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 this title which are not related to the direct
provision of workforce investment services (including services
to participants and employers). Such costs include both
personnel and non-personnel and both direct and indirect.'';
(5) in paragraph (3) (as so redesignated), by striking
``Except in sections 127 and 132, the'' and inserting ``The'';
(6) by amending paragraph (5) (as so redesignated) to read
as follows:
``(5) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given the term in section 3(3) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302(3)).'';
(7) in paragraph (6) (as so redesignated), by inserting
``(or such other level as the Governor may establish)'' after
``8th grade level'';
(8) in paragraph (10)(C) (as so redesignated), by striking
``not less than 50 percent of the cost of the training'' and
inserting ``a significant portion of the cost of training, as
determined by the local board (or, in the case of an employer
in multiple local areas in the State, as determined by the
Governor), taking into account the size of the employer and
such other factors as the local board determines to be
appropriate'';
(9) in paragraph (11) (as so redesignated)--
(A) in subparagraph (A)(ii)(II), by striking
``section 134(c)'' and inserting ``section 121(e)'';
(B) in subparagraph (B)(iii)--
(i) by striking ``134(d)(4)'' and inserting
``134(c)(4)''; and
(ii) by striking ``intensive services
described in section 134(d)(3)'' and inserting
``work ready services described in section
117(d)(5)(C)'';
(C) in subparagraph (C), by striking ``or'' after
the semicolon;
(D) in subparagraph (D), by striking the period and
inserting ``; or''; and
(E) by adding at the end the following:
``(E)(i) is the spouse of a member of the Armed
Forces on active duty for a period of more than 30 days
(as defined in section 101(d)(2) of title 10, United
States Code) 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 who meets the criteria described
in paragraph (12)(B).'';
(10) in paragraph (12)(A) (as redesignated)--
(A) by striking ``and'' after the semicolon and
inserting ``or'';
(B) by striking ``(A)'' and inserting ``(A)(i)'';
and
(C) by adding at the end the following:
``(ii) is the spouse of a member of the Armed
Forces on active duty for a period of more than 30 days
(as defined in section 101(d)(2) of title 10, United
States Code) 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'';
(11) in paragraph (13) (as so redesignated), by inserting
``or regional'' after ``local'' each place it appears;
(12) in paragraph (14) (as so redesignated)--
(A) in subparagraph (A), by striking ``section
122(e)(3)'' and inserting ``section 122'';
(B) by striking subparagraph (B), and inserting the
following:
``(B) work ready services, means a provider who is
identified or awarded a contract as described in
section 117(d)(5)(C); or'';
(C) by striking subparagraph (C); and
(D) by redesignating subparagraph (D) as
subparagraph (C).
(13) in paragraph (15) (as so redesignated), by striking
``adult or dislocated worker'' and inserting ``individual'';
(14) in paragraph (25)--
(A) in subparagraph (B), by striking ``higher of--
'' and all that follows through clause (ii) and
inserting ``poverty line for an equivalent period;'';
(B) by redesignating subparagraphs (D) through (F)
as subparagraphs (E) through (G), respectively; and
(C) by inserting after subparagraph (C) the
following:
``(D) receives or is eligible to receive free or
reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.);'';
(15) in paragraph (32), by striking ``the Republic of the
Marshall Islands, the Federated States of Micronesia,'';
(16) by amending paragraph (33) to read as follows:
``(33) Out-of-school youth.--The term `out-of-school youth'
means--
``(A) an at-risk youth who is a school dropout; or
``(B) an at-risk youth who has received a secondary
school diploma or its recognized equivalent but is
basic skills deficient, unemployed, or
underemployed.''.
(17) in paragraph (38), by striking ``134(a)(1)(A)'' and
inserting ``134(a)(1)(B)'';
(18) by amending paragraph (49) to read as follows:
``(49) Veteran.--The term `veteran' has the same meaning
given the term in section 2108(1) of title 5, United States
Code.'';
(19) by amending paragraph (50) to read as follows:
``(50) 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).'';
(20) in paragraph (51) by striking ``, and a youth
activity''; and
(21) by adding at the end the following:
``(52) At-risk youth.--Except as provided in subtitle C,
the term `at-risk youth' means an individual who--
``(A) is not less than age 16 and not more than age
24;
``(B) is a low-income individual; and
``(C) is an individual who is one or more of the
following:
``(i) a secondary school dropout;
``(ii) a youth in foster care (including
youth aging out of foster care);
``(iii) a youth offender;
``(iv) a youth who is an individual with a
disability; or
``(v) a migrant youth.
``(53) Industry or sector partnership.--The term `industry
or sector partnership' means a partnership of a State or local
board and one or more industries and other entities that have
the capability to help the State or local board determine the
immediate and long term skilled workforce needs of in-demand
industries and other occupations important to the State or
local economy, respectively.
``(54) Industry-recognized credential.--The term `industry-
recognized credential' means a credential that is sought or
accepted by companies within the industry sector involved,
across multiple States, as recognized, preferred, or required
for recruitment, screening, or hiring.
``(55) Recognized postsecondary credential.--The term
`recognized postsecondary credential' means a credential
awarded by a training provider or postsecondary educational
institution based on completion of all requirements for a
program of study, including coursework or tests or other
performance evaluations. The term includes an industry-
recognized credential, a certificate of completion of an
apprenticeship, or an associate or baccalaureate degree.
``(56) Pay-for-performance contract strategy.--The term
`pay-for-performance contract strategy' means a strategy in
which a pay-for-performance contract to provide a program of
employment and training activities incorporates--
``(A) the core indicators of performance described
in subclauses (I) through (IV) of section
136(b)(2)(A)(i);
``(B) a fixed amount that will be paid to an
eligible provider of such employment and training
activities for each program participant who, within a
defined timetable, achieves the agreed to levels of
performance based upon the core indicators of
performance described in subparagraph (A), and may
include a bonus payment to such provider which may be
used to expand the capacity of such provider;
``(C) the ability for an eligible provider to
recoup the costs of training a program participant who
has not met such core indicators of performance, but
for whom the provider is able to demonstrate that such
participant gained specific competencies required for
education and career advancement that are, where
feasible, tied to industry-recognized credentials and
related standards, or State licensing requirements; and
``(D) the ability for an eligible provider that
does not meet the requirements under section 122(a)(2)
to participate in such pay-for-performance contract and
to not be required to report on the performance and
cost information required under section 122(d).''.
Subtitle B--Statewide and Local Workforce Investment Systems
SEC. 102. PURPOSE.
Section 106 (29 U.S.C. 2811) is amended by adding at the end the
following: ``It is also the purpose of this subtitle to provide
workforce investment activities in a manner that enhances employer
engagement, promotes customer choices in the selection of training
services, and ensures accountability in the use of the taxpayer
funds.''.
SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.
Section 111 (29 U.S.C. 2821) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as
subparagraph (B); and
(iii) in subparagraph (B) (as so
redesignated)--
(I) by amending clause (i)(I), by
striking ``section 117(b)(2)(A)(i)''
and inserting ``section 117(b)(2)(A)'';
(II) by amending clause (i)(II) to
read as follows:
``(II) represent businesses,
including large and small businesses,
with immediate and long-term employment
opportunities in in-demand industries
and other occupations important to the
State economy; and'';
(III) by striking clause (iii) and
inserting the following:
``(iii) a State agency official responsible
for economic development; and'';
(IV) by striking clauses (iv)
through (vi);
(V) by amending clause (vii) to
read as follows:
``(vii) such other representatives and
State agency officials as the Governor may
designate, including--
``(I) members of the State
legislature;
``(II) representatives of
individuals and organizations that have
experience with respect to youth
activities;
``(III) representatives of
individuals and organizations that have
experience and expertise in the
delivery of workforce investment
activities, including chief executive
officers of community colleges and
community-based organizations within
the State;
``(IV) representatives of the lead
State agency officials with
responsibility for the programs and
activities that are described in
section 121(b) and carried out by one-
stop partners; or
``(V) representatives of veterans
service organizations.''; and
(VI) by redesignating clause (vii)
(as so amended) as clause (iv); and
(B) by amending paragraph (3) to read as follows:
``(3) Majority.--A \2/3\ majority of the members of the
board shall be representatives described in paragraph
(1)(B)(i).'';
(2) in subsection (c), by striking ``(b)(1)(C)(i)'' and
inserting ``(b)(1)(B)(i)'';
(3) by amending subsection (d) to read as follows:
``(d) Functions.--The State board shall assist the Governor of the
State as follows:
``(1) State plan.--Consistent with section 112, develop a
State plan.
``(2) Statewide workforce development system.--Review and
develop statewide policies and programs in the State in a
manner that supports a comprehensive Statewide workforce
development system that will result in meeting the workforce
needs of the State and its local areas. Such review shall
include determining whether the State should consolidate
additional programs into the Workforce Investment Fund in
accordance with section 501(e).
``(3) Workforce and labor market information system.--
Develop a statewide workforce and labor market information
system described in section 15(e) of the Wagner-Peyser Act,
which may include using existing information conducted by the
State economic development entity or related entity in
developing such system.
``(4) Employer engagement.--Develop strategies across local
areas that meet the needs of employers and support economic
growth in the State by enhancing communication, coordination,
and collaboration among employers, economic development
entities, and service providers.
``(5) Designation of local areas.--Designate local areas as
required under section 116.
``(6) One-stop delivery system.--Identify and disseminate
information on best practices for effective operation of one-
stop centers, including use of innovative business outreach,
partnerships, and service delivery strategies.
``(7) Program oversight.--Conduct the following program
oversight:
``(A) Reviewing and approving local plans under
section 118.
``(B) Ensuring the appropriate use and management
of the funds provided for State employment and training
activities authorized under section 134.
``(C) Preparing an annual report to the Secretary
described in section 136(d).
``(8) Development of performance measures.--Develop and
ensure continuous improvement of comprehensive State
performance measures, including State adjusted levels of
performance, as described under section 136(b).'';
(4) by striking subsection (e) and redesignating subsection
(f) as subsection (e);
(5) in subsection (e) (as so redesignated), by inserting
``or participate in any action taken'' after ``vote'';
(6) by inserting after subsection (e) (as so redesignated),
the following:
``(f) Staff.--The State board may employ staff to assist in
carrying out the functions described in subsection (d).''; and
(7) in subsection (g), by inserting ``electronic means
and'' after ``on a regular basis through''.
SEC. 104. STATE PLAN.
Section 112 (29 U.S.C. 2822)--
(1) in subsection (a)--
(A) by striking ``127 or''; and
(B) by striking ``5-year strategy'' and inserting
``3-year strategy'';
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) information describing--
``(A) the economic conditions in the State;
``(B) the immediate and long-term skilled workforce
needs of in-demand industries, small businesses, and
other occupations important to the State economy;
``(C) the knowledge and skills of the workforce in
the State; and
``(D) workforce development activities (including
education and training) in the State;'';
(B) by amending paragraph (7) to read as follows:
``(7) a description of the State criteria for determining
the eligibility of training providers in accordance with
section 122, including how the State will take into account the
performance of providers and whether the training programs
relate to occupations that are in-demand;'';
(C) by amending paragraph (8) to read as follows:
``(8)(A) a description of the procedures that will be taken
by the State to assure coordination of, and avoid duplication
among, the programs and activities identified under section
501(b)(2); and
``(B) a description of common data collection and reporting
processes used for the programs and activities described in
subparagraph (A), which are carried out by one-stop partners,
including--
``(i) assurances that such processes use quarterly
wage records for performance measures described in
section 136(b)(2)(A) that are applicable to such
programs or activities; or
``(ii) if such wage records are not being used for
the performance measures, an identification of the
barriers to using such wage records and a description
of how the State will address such barriers within one
year of the approval of the plan;'';
(D) in paragraph (9), by striking ``, including
comment by representatives of businesses and
representatives of labor organizations,'';
(E) in paragraph (11), by striking ``under sections
127 and 132'' and inserting ``under section 132'';
(F) by striking paragraph (12);
(G) by redesignating paragraphs (13) through (18)
as paragraphs (12) through (17), respectively;
(H) in paragraph (12) (as so redesignated), by
striking ``111(f)'' and inserting ``111(e)'';
(I) in paragraph (13) (as so redesignated), by
striking ``134(c)'' and inserting ``121(e)'';
(J) in paragraph (14) (as so redesignated), by
striking ``116(a)(5)'' and inserting ``116(a)(4)'';
(K) in paragraph (16) (as so redesignated)--
(i) in subparagraph (A)--
(I) in clause (ii), by striking
``to dislocated workers'';
(II) in clause (iii), by striking
``134(d)(4)'' and inserting
``134(c)(4)'';
(III) by striking ``and'' at the
end of clause (iii);
(IV) by amending clause (iv) to
read as follows:
``(iv) how the State will serve the
employment and training needs of dislocated
workers (including displaced homemakers), low-
income individuals (including recipients of
public assistance such as supplemental
nutrition assistance program benefits pursuant
to the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.)), long-term unemployed
individuals (including individuals who have
exhausted entitlement to State and Federal
unemployment compensation), English learners,
homeless individuals, individuals training for
nontraditional employment, youth (including
out-of-school youth and at-risk youth), older
workers, ex-offenders, migrant and seasonal
farmworkers, refugee and entrants, veterans
(including disabled and homeless veterans), and
Native Americans; and''; and
(V) by adding at the end the
following new clause:
``(v) how the State will--
``(I) consistent with section 188
and Executive Order No. 13217 (42
U.S.C. 12131 note), serve the
employment and training needs of
individuals with disabilities; and
``(II) consistent with sections 504
and 508 of the Rehabilitation Act of
1973, include the provision of
outreach, intake, assessments, and
service delivery, the development of
performance measures, the training of
staff, and other aspects of
accessibility to programs and services
under this subtitle;''; and
(ii) in subparagraph (B), by striking ``to
the extent practicable'' and inserting ``in
accordance with the requirements of the Jobs
for Veterans Act (Public Law 107-288) and the
amendments made by such Act''; and
(L) by striking paragraph (17) (as so redesignated)
and inserting the following:
``(17) a description of the strategies and services that
will be used in the State--
``(A) to more fully engage employers, including
small businesses and employers in in-demand industries
and occupations important to the State economy;
``(B) to meet the needs of employers in the State;
and
``(C) to better coordinate workforce development
programs with economic development activities;
``(18) a description of how the State board will convene
(or help to convene) industry or sector partnerships that lead
to collaborative planning, resource alignment, and training
efforts across multiple firms for a range of workers employed
or potentially employed by a targeted industry cluster--
``(A) to encourage industry growth and
competitiveness and to improve worker training,
retention, and advancement in targeted industry
clusters;
``(B) to address the immediate and long-term
skilled workforce needs of in-demand industries and
other occupations important to the State economy, and
``(C) to address critical skill gaps within and
across industries;
``(19) a description of how the State will utilize
technology to facilitate access to services in remote areas,
which may be used throughout the State;
``(20) a description of the State strategy and assistance
to be provided for encouraging regional cooperation within the
State and across State borders, as appropriate;
``(21) a description of the actions that will be taken by
the State to foster communication, coordination, and
partnerships with non-profit organizations (including public
libraries, community, faith-based, and philanthropic
organizations) that provide employment-related, training, and
complementary services, to enhance the quality and
comprehensiveness of services available to participants under
this title;
``(22) a description of the process and methodology for
determining--
``(A) one-stop partner program contributions for
the cost of the infrastructure of one-stop centers
under section 121(h)(1); and
``(B) the formula for allocating such
infrastructure funds to local areas under section
121(h)(3);
``(23) a description of the strategies and services that
will be used in the State to assist at-risk youth and out-of-
school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials and industry-
recognized credentials), and employment experience to succeed
in the labor market, including--
``(A) training and internships in in-demand
industries or occupations important to the State and
local economy;
``(B) dropout recovery activities that are designed
to lead to the attainment of a regular secondary school
diploma or its recognized equivalent, or other State
recognized equivalent (including recognized alternative
standards for individuals with disabilities); and
``(C) activities combining remediation of academic
skills, work readiness training, and work experience,
and including linkages to postsecondary education and
training and career-ladder employment; and
``(24) a description of--
``(A) how the State will furnish employment,
training, including training in advanced manufacturing,
supportive, and placement services to veterans,
including disabled and homeless veterans;
``(B) the strategies and services that will be used
in the State to assist and expedite reintegration of
homeless veterans into the labor force; and
``(C) the veteran population to be served in the
State.'';
(3) in subsection (c), by striking ``period, that--'' and
all that follows through paragraph (2) and inserting ``period,
that the plan is inconsistent with the provisions of this
title.''; and
(4) in subsection (d), by striking ``5-year'' and inserting
``3-year''.
SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS.
Section 116 (29 U.S.C. 2831) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Process.--In order to receive an allotment
under section 132, a State, through the State board,
shall establish a process to designate local workforce
investment areas within the State. Such process shall--
``(i) support the statewide workforce
investment system developed under section
111(d)(2) that will meet the workforce needs of
the State and its local areas;
``(ii) include prior consultation with
chief elected officials;
``(iii) consider comments received through
the public comment process as described in
section 112(b)(9); and
``(iv) require the submission of an
approved application under subparagraph (B).
``(B) Application.--To be designated as a local
area under this paragraph, a local or regional board
(or consortiums of local or regional boards) shall
submit an application to a State board at such time, in
such manner, and containing such information as the
State board may require, including--
``(i) a description of the local area,
including the population that will be served by
the local area, and the education and training
needs of its employers and workers;
``(ii) a description of how the local area
is consistent or aligned with--
``(I) service delivery areas;
``(II) labor market areas; and
``(III) economic development
regions;
``(iii) a description of the eligible
providers of education and training, including
postsecondary educational institutions such as
community colleges, located in the local area
available to meet the needs of the local
workforce;
``(iv) a description of the distance that
individuals will need to travel to receive
services provided in such local area; and
``(v) any other criteria that the State
board may require.
``(C) Priority.--In designating local areas under
this paragraph, a State board shall give priority
consideration to applicants demonstrating that a
designation as a local area under this paragraph will
result in the reduction of overlapping service delivery
areas, local market areas, or economic development
regions.
``(D) Alignment with local plan.--A State may
designate an applicant as a local area under this
paragraph for a period not to exceed 3 years.''.
(B) by amending paragraph (2) to read as follows:
``(2) Technical assistance.--The Secretary shall, if
requested by the Governor of a State, provide the State with
technical assistance in making the determinations required
under paragraph (1). The Secretary shall not issue regulations
governing determinations to be made under paragraph (1).'';
(C) by striking paragraph (3);
(D) by striking paragraph (4);
(E) by redesignating paragraph (5) as paragraph
(3); and
(F) in paragraph (3) (as so redesignated), by
striking ``(2) or (3)'' both places it appears and
inserting ``(1)'';
(2) by amending subsection (b) to read as follows:
``(b) Single States.--Consistent with subsection (a), the State
board of a State may designate the State as a single State local area
for the purposes of this title.''; and
(3) in subsection (c)--
(A) in paragraph (1), by adding at the end the
following: ``The State may require the local boards for
the designated region to prepare a single regional plan
that incorporates the elements of the local plan under
section 118 and that is submitted and approved in lieu
of separate local plans under such section.''; and
(B) in paragraph (2), by striking ``employment
statistics'' and inserting ``workforce and labor market
information''.
SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS.
Section 117 (29 U.S.C. 2832) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``include--'' and
all that follows through
``representatives'' and inserting
``include representatives'';
(II) by striking clauses (ii)
through (vi);
(III) by redesignating subclauses
(I) through (III) as clauses (i)
through (iii), respectively (and by
moving the margins of such clauses 2
ems to the left);
(IV) by striking clause (ii) (as so
redesignated) and inserting the
following:
``(ii) represent businesses, including
large and small businesses, with immediate and
long-term employment opportunities in in-demand
industries and other occupations important to
the local economy; and''; and
(V) by striking the semicolon at
the end of clause (iii) (as so
redesignated) and inserting ``; and'';
and
(ii) by amending subparagraph (B) to read
as follows:
``(B) may include such other individuals or
representatives of entities as the chief elected
official in the local area may determine to be
appropriate, including--
``(i) a superintendent of the local
secondary school system, the president or chief
executive officer of a postsecondary
educational institution (including a community
college, where such an entity exists), or an
administrator of local entities providing adult
education and literacy activities;
``(ii) representatives of community-based
organizations (including organizations
representing individuals with disabilities and
veterans, for a local area in which such
organizations are present); or
``(iii) representatives of veterans service
organizations.'';
(B) in paragraph (4)--
(i) by striking ``A majority'' and
inserting ``A \2/3\ majority''; and
(ii) by striking ``(2)(A)(i)'' and
inserting ``(2)(A)''; and
(C) in paragraph (5) by striking ``(2)(A)(i)'' and
inserting ``(2)(A)'';
(2) by striking subsection (c)(1)(C);
(3) by amending subsection (d) to read as follows:
``(d) Functions of Local Board.--The functions of the local board
shall include the following:
``(1) Local plan.--Consistent with section 118, each local
board, in partnership with the chief elected official for the
local area involved, shall develop and submit a local plan to
the Governor.
``(2) Workforce research and regional labor market
analysis.--
``(A) In general.--The local board shall--
``(i) conduct, and regularly update, an
analysis of--
``(I) the economic conditions in
the local area;
``(II) the immediate and long-term
skilled workforce needs of in-demand
industries and other occupations
important to the local economy;
``(III) the knowledge and skills of
the workforce in the local area; and
``(IV) workforce development
activities (including education and
training) in the local area; and
``(ii) assist the Governor in developing
the statewide workforce and labor market
information system described in section 15(e)
of the Wagner-Peyser Act.
``(B) Existing analysis.--A local board shall use
existing analysis by the local economic development
entity or related entity in order to carry out
requirements of subparagraph (A)(i).
``(3) Employer engagement.--The local Board shall meet the
needs of employers and support economic growth in the local
area by enhancing communication, coordination, and
collaboration among employers, economic development entities,
and service providers.
``(4) Budget and administration.--
``(A) Budget.--
``(i) In general.--The local board shall
develop a budget for the activities of the
local board in the local area, consistent with
the requirements of this subsection.
``(ii) Training reservation.--In developing
a budget under clause (i), the local board
shall reserve a percentage of funds to carry
out the activities specified in section
134(c)(4). The local board shall use the
analysis conducted under paragraph (2)(A)(i) to
determine the appropriate percentage of funds
to reserve under this clause.
``(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 section 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) Staff.--The local board may employ
staff to assist in carrying out the functions
described in this subsection.
``(iii) Grants and donations.--The local
board may solicit and accept grants and
donations from sources other than Federal funds
made available under this Act.
``(5) 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--
``(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) Identification of eligible training service
providers.--Consistent with this subtitle, the local
board shall identify eligible providers of training
services described in section 134(c)(4) in the local
area, annually review the outcome of each such eligible
provider using the criteria under section 122(b)(2),
and designate eligible providers in the local area who
have demonstrated the highest level of success with
respect to such criteria as priority eligible providers
for the following program year.
``(C) Identification of eligible providers of work
ready services.--If the one-stop operator does not
provide the services described in section 134(c)(2) in
the local area, the local board shall identify eligible
providers of such services in the local area by
awarding contracts.
``(6) Program oversight.--The local board, in partnership
with the chief elected official, shall be responsible for--
``(A) ensuring the appropriate use and management
of the funds provided for local employment and training
activities authorized under section 134(b); and
``(B) conducting oversight of the one-stop delivery
system in the local area authorized under section 121.
``(7) Negotiation of local performance measures.--The local
board, the chief elected official, and the Governor shall
negotiate and reach agreement on local performance measures as
described in section 136(c).
``(8) Technology improvements.--The local board shall
develop strategies for technology improvements to facilitate
access to services authorized under this subtitle and carried
out in the local area, including in remote areas.'';
(4) in subsection (e)--
(A) by inserting ``electronic means and'' after
``regular basis through''; and
(B) by striking ``and the award of grants or
contracts to eligible providers of youth activities,'';
(5) in subsection (f)--
(A) in paragraph (1)(A), by striking ``section
134(d)(4)'' and inserting ``section 134(c)(4)''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Work ready services, designation, or certification as
one-stop operators.--A local board may provide work ready
services described in section 134(c)(2) through a one-stop
delivery system described in section 121 or be designated or
certified as a one-stop operator only with the agreement of the
chief elected official and the Governor.'';
(6) in subsection (g)(1), by inserting ``or participate in
any action taken'' after ``vote''; and
(7) by striking subsections (h) and (i).
SEC. 107. LOCAL PLAN.
Section 118 (29 U.S.C. 2833) is amended--
(1) in subsection (a), by striking ``5-year'' and inserting
``3-year'';
(2) by amending subsection (b) to read as follows:
``(b) Contents.--The local plan shall include--
``(1) a description of the analysis of the local area's
economic and workforce conditions conducted under section
117(d)(2)(A)(i), and an assurance that the local board will use
such analysis to carry out the activities under this subtitle;
``(2) a description of the one-stop delivery system in the
local area, including--
``(A) a description of how the local board will
ensure--
``(i) the continuous improvement of
eligible providers of services through the
system; and
``(ii) that such providers meet the
employment needs of local businesses and
participants; and
``(B) a description of how the local board will
facilitate access to services provided through the one-
stop delivery system consistent with section 117(d)(8);
``(3) a description of the strategies and services that
will be used in the local area--
``(A) to more fully engage employers, including
small businesses and employers in in-demand industries
and occupations important to the local economy;
``(B) to meet the needs of employers in the local
area;
``(C) to better coordinate workforce development
programs with economic development activities; and
``(D) to better coordinate workforce development
programs with employment, training, and literacy
services carried out by nonprofit organizations,
including public libraries, as appropriate;
``(4) a description of how the local board will convene (or
help to convene) industry or sector partnerships that lead to
collaborative planning, resource alignment, and training
efforts across multiple firms for a range of workers employed
or potentially employed by a targeted industry cluster--
``(A) to encourage industry growth and
competitiveness and to improve worker training,
retention, and advancement in targeted industry
clusters;
``(B) to address the immediate and long-term
skilled workforce needs of in-demand industries, small
businesses, and other occupations important to the
local economy; and
``(C) to address critical skill gaps within and
across industries;
``(5) a description of how the funds reserved under section
117(d)(4)(A)(ii) will be used to carry out activities described
in section 134(c)(4);
``(6) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with statewide activities, as appropriate;
``(7) a description of how the local area will--
``(A) coordinate activities with the local area's
disability community and with services provided 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)) by local educational agencies
serving such local area to make available
comprehensive, high-quality services to individuals
with disabilities;
``(B) consistent with section 188 and Executive
Order No. 13217 (42 U.S.C. 12131 note), serve the
employment and training needs of individuals with
disabilities, with a focus on employment that fosters
independence and integration; and
``(C) consistent with sections 504 and 508 of the
Rehabilitation Act of 1973, include the provision of
outreach, intake, assessments, and service delivery,
the development of performance measures, the training
of staff, and other aspects of accessibility to
programs and services under this subtitle;
``(8) a description of the local levels of performance
negotiated with the Governor and chief elected official
pursuant to section 136(c), to be--
``(A) used to measure the performance of the local
area; and
``(B) used by the local board for measuring
performance of the local fiscal agent (where
appropriate), eligible providers, and the one-stop
delivery system, in the local area;
``(9) a description of the process used by the local board,
consistent with subsection (c), to provide an opportunity for
public comment prior to submission of the plan;
``(10) a description of how the local area will serve the
employment and training needs of dislocated workers (including
displaced homemakers), low-income individuals (including
recipients of public assistance such as the Supplemental
Nutrition Assistance Program), long-term unemployed individuals
(including individuals who have exhausted entitlement to State
and Federal unemployment compensation), English learners,
homeless individuals, individuals training for nontraditional
employment, youth (including out-of-school youth and at-risk
youth), older workers, ex-offenders, migrant and seasonal
farmworkers, refugee and entrants, veterans (including disabled
veterans and homeless veterans), and Native Americans;
``(11) an identification of the entity responsible for the
disbursal of grant funds described in subclause (III) of
section 117(d)(4)(B)(i), as determined by the chief elected
official or the Governor under such section;
``(12) a description of the strategies and services that
will be used in the local area to assist at-risk youth and out-
of-school youth in acquiring the education and skills,
credentials (including recognized postsecondary credentials and
industry-recognized credentials), and employment experience to
succeed in the labor market, including--
``(A) training and internships in in-demand
industries or occupations important to the local
economy;
``(B) dropout recovery activities that are designed
to lead to the attainment of a regular secondary school
diploma or its recognized equivalent, or other State
recognized equivalent (including recognized alternative
standards for individuals with disabilities); and
``(C) activities combining remediation of academic
skills, work readiness training, and work experience,
and including linkages to postsecondary education and
training and career-ladder employment;
``(13) a description of--
``(A) how the local area will furnish employment,
training, including training in advanced manufacturing,
supportive, and placement services to veterans,
including disabled and homeless veterans;
``(B) the strategies and services that will be used
in the local area to assist and expedite reintegration
of homeless veterans into the labor force; and
``(C) the veteran population to be served in the
local area;
``(14) a description of--
``(A) the duties assigned to the veteran employment
specialist consistent with the requirements of section
134(f);
``(B) the manner in which the veteran employment
specialist is integrated into the One-Stop Career
System described in section 121;
``(C) the date on which the veteran employment
specialist was assigned; and
``(D) whether the veteran employment specialist has
satisfactorily competed such training by the National
Veterans' Employment and Training Services Institute;
and
``(15) such other information as the Governor may
require.'';
(3) in subsection (c)(1), by striking ``such means'' and
inserting ``electronic means such''; and
(4) in subsection (c)(2), by striking ``, including
representatives of business and representatives of labor
organizations,''.
SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM.
Section 121 (29 U.S.C. 2841) is amended--
(1) in subsection (b)--
(A) by striking subparagraph (A) of paragraph (1)
and inserting the following:
``(A) Roles and responsibilities of one-stop
partners.--Each entity that carries out a program or
activities described in subparagraph (B) shall--
``(i) provide access through the one-stop
delivery system to the program and activities
carried out by the entity, including making the
work ready services described in section
134(c)(2) that are applicable to the program of
the entity available at one-stop centers (in
addition to any other appropriate locations);
``(ii) use a portion of the funds available
to the program of the entity 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 delivery system
that meets the requirements of subsection (c);
and
``(iv) participate in the operation of the
one-stop delivery system consistent with the
terms of the memorandum of understanding, the
requirements of this title, and the
requirements of the Federal laws authorizing
the programs carried out by the entity.'';
(B) in paragraph (1)(B)--
(i) by striking clauses (ii), (v), and
(vi);
(ii) by redesignating clauses (iii) and
(iv) as clauses (ii) and (iii), respectively;
(iii) by redesignating clauses (vii)
through (xii) as clauses (iv) through (ix),
respectively;
(iv) in clause (viii), as so redesignated,
by striking ``and'' at the end;
(v) in clause (ix), as so redesignated, by
striking the period and inserting ``; and'';
and
(vi) by adding at the end the following:
``(x) subject to subparagraph (C), programs
authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).'';
(C) by inserting after paragraph (1)(B) the
following:
``(C) Determination by the governor.--Each entity
carrying out a program described in subparagraph (B)(x)
shall carry out the required partner activities
described in subparagraph (A) unless the Governor of
the State in which the local area is located provides
the Secretary and Secretary of Health and Human
Services written notice of a determination by the
Governor that such entities shall not carry out such
required partner activities.''; and
(D) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``section 134(d)(2)'' and inserting ``section
134(c)(2)''; and
(ii) in subparagraph (B)--
(I) by striking clauses (i), (ii),
and (v);
(II) in clause (iv), by striking
``and'' at the end;
(III) by redesignating clauses
(iii) and (iv) as clauses (i) and (ii),
respectively; and
(IV) by adding at the end the
following:
``(iii) employment and training programs
administered by the Commissioner of the Social
Security Administration;
``(iv) employment and training programs
carried out by the Administrator of the Small
Business Administration;
``(v) employment, training, and literacy
services carried out by public libraries; and
``(vi) other appropriate Federal, State, or
local programs, including programs in the
private sector.'';
(2) in subsection (c)(2), by amending subparagraph (A) to
read as follows:
``(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 through such system;
``(ii) how the costs of such services and
the operating costs of such system will be
funded, through cash and in-kind contributions,
to provide a stable and equitable funding
stream for ongoing one-stop system operations,
including the 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, including referrals for
nontraditional employment; and
``(iv) the duration of the memorandum of
understanding and the procedures for amending
the memorandum during the term 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'';
(3) in subsection (d)--
(A) in the heading for paragraph (1), by striking
``Designation and certification'' and inserting ``Local
designation and certification'';
(B) in paragraph (2)--
(i) by striking ``section 134(c)'' and
inserting ``subsection (e)'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) shall be designated or certified as a one-
stop operator through a competitive process; and''; and
(iii) in subparagraph (B), by striking
clause (ii) and redesignating clauses (iii)
through (vi) as clauses (ii) through (v),
respectively; and
(C) in paragraph (3), by striking ``vocational''
and inserting ``career and technical'';
(4) by amending subsection (e) to read as follows:
``(e) Establishment of One-Stop Delivery System.--
``(1) In general.--There shall be established in a State
that receives an allotment under section 132(b) a one-stop
delivery system, which shall--
``(A) provide the work ready services described in
section 134(c)(2);
``(B) provide access to training services as
described in section 134(c)(4), including serving as
the point of access to career enhancement accounts for
training services to participants in accordance with
paragraph (4)(F) of such section;
``(C) provide access to the activities carried out
under section 134(d), if any;
``(D) provide access to programs and activities
carried out by one-stop partners that are described in
subsection (b) of this section; and
``(E) provide access to the information described
in section 15(e) of the Wagner-Peyser Act (29 U.S.C.
49l-2(e)).
``(2) One-stop delivery.--At a minimum, the one-stop
delivery system--
``(A) shall make each of the programs, services,
and activities described in paragraph (1) accessible at
not less than one 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 one 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 one 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 work ready services will be
available regardless of where the
individuals initially enter the
statewide workforce investment system,
including information made available
through an access point described in
subclause (I).
``(3) Specialized centers.--The centers and sites described
in paragraph (2) may have a specialization in addressing
special needs.''; and
(5) by adding at the end the following:
``(g) Certification of One-Stop Centers.--
``(1) In general.--
``(A) In general.--The State board shall establish
objective procedures and criteria for certifying, at
least once every 3 years, one-stop centers for the
purpose of awarding the one-stop infrastructure funding
described in subsection (h).
``(B) Criteria.--The criteria for certification
under this subsection shall include--
``(i) meeting all of the expected levels of
performance for each of the core indicators of
performance as outlined in the State plan under
section 112;
``(ii) meeting minimum standards relating
to the scope and degree of service integration
achieved by the centers involving the programs
provided by the one-stop partners; and
``(iii) meeting minimum standards relating
to how the centers ensure that eligible
providers meet the employment needs of local
employers and participants.
``(C) Effect of certification.--One-stop centers
certified under this subsection shall be eligible to
receive the infrastructure grants authorized under
subsection (h).
``(2) Local boards.--Consistent with the criteria developed
by the State, the local board may develop additional criteria
of higher standards to respond to local labor market and
demographic conditions and trends.
``(h) One-Stop Infrastructure Funding.--
``(1) Partner contributions.--
``(A) Provision of funds.--Notwithstanding any
other provision of law, as determined under
subparagraph (B), a portion of the Federal funds
provided to the State and areas within the State under
the Federal laws authorizing the one-stop partner
programs described in subsection (b)(1)(B) and
participating additional partner programs described in
subsection (b)(2)(B) for a fiscal year shall be
provided to the Governor by such programs to carry out
this subsection.
``(B) Determination of governor.--
``(i) In general.--Subject to subparagraph
(C), the Governor, in consultation with the
State board, shall determine the portion of
funds to be provided under subparagraph (A) by
each one-stop partner and in making such
determination shall consider the proportionate
use of the one-stop centers by each partner,
the costs of administration for purposes not
related to one-stop centers for each partner,
and other relevant factors described in
paragraph (3).
``(ii) Special rule.--In those States where
the State constitution places policy-making
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 of this Act and for
postsecondary career education activities
authorized under the Carl D. Perkins Career and
Technical Education Act, the determination
described in clause (i) with respect to such
programs shall be made by the Governor with the
appropriate entity or official with such
independent policy-making authority.
``(iii) Appeal by one-stop partners.--The
Governor shall establish a procedure for the
one-stop partner administering a program
described in subsection (b) to appeal a
determination regarding the portion of funds to
be contributed under this paragraph on the
basis that such determination is inconsistent
with the criteria described in the State plan
or with the requirements of this paragraph.
Such procedure shall ensure prompt resolution
of the appeal.
``(C) Limitations.--
``(i) Provision from administrative
funds.--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
limitations with respect to the portion of
funds under such programs that may be used for
administration.
``(ii) Federal direct spending programs.--
Programs that are Federal direct spending under
section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(8)) shall not, for purposes of this
paragraph, be required to provide an amount in
excess of the amount determined to be
equivalent to the proportionate use of the one-
stop centers by such programs in the State.
``(2) Allocation by governor.--From the funds provided
under paragraph (1), the Governor shall allocate funds to local
areas in accordance with the formula established under
paragraph (3) for the purposes of assisting in paying the costs
of the infrastructure of one-stop centers certified under
subsection (g).
``(3) Allocation formula.--The State board shall develop a
formula to be used by the Governor to allocate the funds
described in paragraph (1). The formula shall include such
factors as the State board determines are appropriate, which
may include factors such as the number of centers in the local
area that have been certified, the population served by such
centers, and the performance of such centers.
``(4) Costs of infrastructure.--For purposes of this
subsection, the term `costs of infrastructure' means the
nonpersonnel costs that are necessary for the general operation
of a one-stop center, including the rental costs of the
facilities, the costs of utilities and maintenance, and
equipment (including assistive technology for individuals with
disabilities).
``(i) Other Funds.--
``(1) In general.--In addition to the funds provided to
carry out subsection (h), a portion of funds made available
under Federal law authorizing the one-stop partner programs
described in subsection (b)(1)(B) and participating additional
partner programs described in subsection (b)(2)(B), or the
noncash resources available under such programs shall be used
to pay the costs relating to the operation of the one-stop
delivery system that are not paid for from the funds provided
under subsection (h), to the extent not inconsistent with the
Federal law involved including--
``(A) infrastructure costs that are in excess of
the funds provided under subsection (h);
``(B) common costs that are in addition to the
costs of infrastructure; and
``(C) the costs of the provision of work ready
services applicable to each program.
``(2) Determination and guidance.--The method for
determining the appropriate portion of funds and noncash
resources to be provided by each program under paragraph (1)
shall be determined as part of the memorandum of understanding
under subsection (c). The State board shall provide guidance to
facilitate the determination of appropriate allocation of the
funds and noncash resources in local areas.''.
SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
Section 122 (29 U.S.C. 2842) is amended to read as follows:
``SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
``(a) Eligibility.--
``(1) In general.--The Governor, after consultation with
the State board, shall establish criteria and procedures
regarding the eligibility of providers of training services
described in section 134(c)(4) to receive funds provided under
section 133(b) for the provision of such training services.
``(2) Providers.--Subject to the provisions of this
section, to be eligible to receive the funds provided under
section 133(b) for the provision of training services, the
provider shall be--
``(A) a postsecondary educational institution
that--
``(i) is eligible to receive Federal funds
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.); and
``(ii) provides a program that leads to a
recognized postsecondary credential;
``(B) an entity that carries out programs 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.
``(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall
comply with the criteria 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 on the list of
eligible providers of training services described in subsection
(d) for so long as the provider remains certified by the
Secretary of Labor to carry out the programs described in
paragraph (2)(B).
``(b) Criteria.--
``(1) In general.--The criteria established pursuant to
subsection (a) shall take into account--
``(A) the performance of providers of training
services with respect to the performance measures
described in section 136 and other matters for which
information is required under paragraph (2) and other
appropriate measures of performance outcomes for those
participants receiving training services under this
subtitle;
``(B) whether the training programs of such
providers relate to occupations that are in demand;
``(C) the need to ensure access to training
services throughout the State, including in rural
areas;
``(D) the ability of providers to offer programs
that lead to a recognized postsecondary credential;
``(E) the information such providers are required
to report to State agencies with respect to other
Federal and State programs (other than the program
carried out under this subtitle), including one-stop
partner programs; and
``(F) such other factors as the Governor determines
are appropriate.
``(2) Information.--The criteria established by the
Governor shall require that a provider of training services
submit appropriate, accurate, and timely information to the
State for purposes of carrying out subsection (d), with respect
to participants receiving training services under this subtitle
in the applicable program, including--
``(A) information on recognized postsecondary
credentials received by such participants;
``(B) information on costs of attendance for such
participants;
``(C) information on the program completion rate
for such participants; and
``(D) information on the performance of the
provider with respect to the performance measures
described in section 136 for such participants.
``(3) Renewal.--The criteria established by the Governor
shall also provide for a review every 3 years and renewal of
eligibility under this section for providers of training
services.
``(4) Local criteria.--A local board in the State may
establish criteria in addition to the criteria established by
the Governor, or may require higher levels of performance than
required under the criteria established by the Governor, for
purposes of determining the eligibility of providers of
training services to receive funds described in subsection (a)
to provide the services in the local area involved.
``(5) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the parent or eligible
student in compliance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
``(c) Procedures.--The procedures established under subsection (a)
shall--
``(1) identify--
``(A) the application process for a provider of
training services to become eligible to receive funds
under section 133(b) for the provision of training
services; and
``(B) the respective roles of the State and local
areas in receiving and reviewing applications and in
making determinations of eligibility based on the
criteria established under this section; and
``(2) 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.
``(d) Information To Assist Participants in Choosing Providers.--In
order to facilitate and assist participants under chapter 5 in choosing
providers of training services, the Governor shall ensure that an
appropriate list or lists of providers determined eligible under this
section in the State, including information provided under subsection
(b)(2) with respect to such providers, is provided to the local boards
in the State and is made available to such participants and to members
of the public through the one-stop delivery system in the State.
``(e) Enforcement.--
``(1) In general.--The criteria and 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 criteria or procedures, that a
provider of training services, or individual providing
information on behalf of the provider, intentionally
supplied inaccurate information under this section, the
eligibility of such provider to receive funds under
chapter 5 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 criteria or procedures, that a provider of training
services substantially violated any requirement under
this title, the eligibility of such provider to receive
funds under the program involved shall be terminated
for a period of time that is not less than 10 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 during a period of
noncompliance described in such subparagraph.
``(2) Construction.--Paragraph (1) shall be construed to
provide remedies and penalties that supplement, but do not
supplant, other civil and criminal remedies and penalties.
``(f) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible providers of
training services to accept career enhancement accounts provided in
another State.
``(g) Recommendations.--In developing the criteria, procedures, and
information required under this section, the Governor shall solicit and
take into consideration the recommendations of local boards and
providers of training services within the State.
``(h) Opportunity To Submit Comments.--During the development of
the criteria, procedures, requirements for information, and the list of
eligible providers required under this section, the Governor shall
provide an opportunity for interested members of the public to submit
comments regarding such criteria, procedures, and information.
``(i) On-the-Job Training or Customized Training Exception.--
``(1) In general.--Providers of on-the-job training or
customized training shall not be subject to the requirements of
subsections (a) through (d).
``(2) Collection and dissemination of information.--A one-
stop operator in a local area shall collect such performance
information from on-the-job training and customized training
providers as the Governor may require, determine whether the
providers meet such performance criteria as the Governor may
require, and disseminate information identifying 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.''.
SEC. 110. GENERAL AUTHORIZATION.
Chapter 5 of subtitle B of title I is amended--
(1) by striking the heading for chapter 5 and inserting the
following: ``EMPLOYMENT AND TRAINING ACTIVITIES''; and
(2) in section 131 (29 U.S.C. 2861)--
(A) by striking ``paragraphs (1)(B) and (2)(B)
of''; and
(B) by striking ``adults, and dislocated workers,''
and inserting ``individuals''.
SEC. 111. STATE ALLOTMENTS.
Section 132 (29 U.S.C. 2862) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall--
``(1) reserve \1/2\ of 1 percent of the total amount
appropriated under section 137 for a fiscal year, of which--
``(A) 50 percent shall be used to provide technical
assistance under section 170; and
``(B) 50 percent shall be used for evaluations
under section 172;
``(2) reserve 1 percent of the total amount appropriated
under section 137 for a fiscal year to make grants to, and
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 employment and training activities;
``(3) reserve not more than 25 percent of the total amount
appropriated under section 137 for a fiscal year to carry out
the Jobs Corps program under subtitle C;
``(4) reserve not more than 3.5 percent of the total amount
appropriated under section 137 for a fiscal year to--
``(A) make grants to State or local boards 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; and
``(B) provide assistance to Governors of States
with an area that has suffered an emergency or a major
disaster (as such terms are 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)) to provide disaster relief employment
in the area; and
``(5) from the remaining amount appropriated under section
137 for a fiscal year (after reserving funds under paragraphs
(1) through (4)), make allotments in accordance with subsection
(b) of this section.''; and
(2) by amending subsection (b) to read as follows:
``(b) Workforce Investment Fund.--
``(1) Reservation for outlying areas.--
``(A) In general.--From the amount made available
under subsection (a)(5) for a fiscal year, the
Secretary shall reserve not more than \1/4\ of 1
percent to provide assistance to the outlying areas.
``(B) Restriction.--The Republic of Palau shall
cease to be eligible to receive funding under this
subparagraph upon entering into an agreement for
extension of United States educational assistance under
the Compact of Free Association (approved by the
Compact of Free Association Amendments Act of 2003
(Public Law 99-658)) after the date of enactment of the
SKILLS Act.
``(2) States.--
``(A) In general.--After determining the amount to
be reserved under paragraph (1), the Secretary shall
allot the remainder of the amount referred to in
subsection (a)(5) for a fiscal year to the States
pursuant to subparagraph (B) for employment and
training activities and statewide workforce investment
activities.
``(B) Formula.--Subject to subparagraphs (C) and
(D), of the remainder--
``(i) 25 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) 25 percent shall be allotted on the
basis of the relative number of individuals in
the civilian labor force in each State,
compared to the total number of such
individuals in all States;
``(iii) 25 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; and
``(iv) 25 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.
``(C) Minimum and maximum percentages.--
``(i) Minimum percentage.--The Secretary
shall ensure that no State shall receive an
allotment under this paragraph for--
``(I) each of fiscal years 2014
through 2016, that is less than 100
percent of the allotment percentage of
the State for fiscal year 2012; and
``(II) fiscal year 2017 and each
succeeding fiscal year, that is less
than 90 percent of the allotment
percentage of the State for the
preceding fiscal year.
``(ii) Maximum percentage.--Subject to
clause (i), the Secretary shall ensure that no
State shall receive an allotment under this
paragraph for--
``(I) each of fiscal years 2014
through 2016, that is more than 130
percent of the allotment percentage of
the State for fiscal year 2012; and
``(II) fiscal year 2017 and each
succeeding fiscal year, that is more
than 130 percent of the allotment
percentage of the State for the
preceding fiscal year.
``(D) Small state minimum allotment.--Subject to
subparagraph (C), the Secretary shall ensure that no
State shall receive an allotment under this paragraph
for a fiscal year that is less than \1/5\ of 1 percent
of the remainder described in subparagraph (A) for the
fiscal year.
``(E) Definitions.--For the purpose of the formula
specified in this paragraph:
``(i) Allotment percentage.--The term
`allotment percentage'--
``(I) used with respect to fiscal
year 2012, means the percentage of the
amounts allotted to States under title
I of this Act, title V of the Older
Americans Act of 1965 (42 U.S.C. 3056
et seq.), the Women in Apprenticeship
and Nontraditional Occupations Act (29
U.S.C. 2501 et seq.), sections 4103A
and 4104 of title 38, United States
Code, and sections 1 through 14 of the
Wagner-Peyser Act (29 U.S.C. 49 et
seq.), as such provisions were in
effect for fiscal year 2012, that is
received under such provisions by the
State involved for fiscal year 2012;
and
``(II) used with respect to fiscal
year 2016 or a succeeding fiscal year,
means the percentage of the amounts
allotted to States under this paragraph
for the fiscal year that is received
under this paragraph by the State
involved for the fiscal year.
``(ii) Disadvantaged youth.--The term
`disadvantaged youth' means an individual who
is not less than age 16 and not more than age
24 who receives 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.
``(iii) Individual.--The term `individual'
means an individual who is age 16 or older.''.
SEC. 112. WITHIN STATE ALLOCATIONS.
Section 133 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservations for Statewide Workforce Investment Activities.--
``(1) Statewide employment and training activities.--The
Governor of a State shall reserve up to 15 percent of the total
amount allotted to the State under section 132(b)(2) for a
fiscal year to carry out the statewide activities described in
section 134(a).
``(2) Statewide rapid response activities.--Of the amount
reserved under paragraph (1) for a fiscal year, the Governor of
the State shall reserve not more than 25 percent for statewide
rapid response activities described in section 134(a)(4).
``(3) Statewide grants for individuals with barriers to
employment.--Of the amount reserved under paragraph (1) for a
fiscal year, the Governor of a State shall reserve 15 percent
to carry out statewide activities described in section
134(a)(5).
``(4) State administrative cost limit.--Not more than 5
percent of the funds reserved under paragraph (1) may be used
by the Governor of a State for administrative costs of carrying
out the statewide activities described in section 134(a).'';
(2) by amending subsection (b) to read as follows:
``(b) Within State Allocation.--
``(1) Methods.--The Governor, acting in accordance with the
State plan, and after consulting with chief elected officials
in the local areas, shall--
``(A) allocate the funds that are allotted to the
State for employment and training activities and not
reserved under subsection (a), in accordance with
paragraph (2)(A); and
``(B) award the funds that are reserved by the
State under subsection (a)(3) through competitive
grants to eligible entities, in accordance with section
134(a)(1)(C).
``(2) Formula allocations for the workforce investment
fund.--
``(A) Allocation.--In allocating the funds
described in paragraph (1)(A) to local areas, a State
shall allocate--
``(i) 25 percent on the basis described in
section 132(b)(2)(B)(i);
``(ii) 25 percent on the basis described in
section 132(b)(2)(B)(ii);
``(iii) 25 percent on the basis described
in section 132(b)(2)(B)(iii); and
``(iv) 25 percent on the basis described in
section 132(b)(2)(B)(iv).
``(B) Minimum and maximum percentages.--
``(i) Minimum percentage.--The State shall
ensure that no local area shall receive an
allocation under this paragraph for--
``(I) each of fiscal years 2014
through 2016, that is less than 100
percent of the allocation percentage of
the local area for fiscal year 2012;
and
``(II) fiscal year 2017 and each
succeeding fiscal year, that is less
than 90 percent of the allocation
percentage of the local area for the
preceding fiscal year.
``(ii) Maximum percentage.--Subject to
clause (i), the State shall ensure that no
local area shall receive an allocation for a
fiscal year under this paragraph for--
``(I) each of fiscal years 2014
through 2016, that is more than 130
percent of the allocation percentage of
the local area for fiscal year 2012;
and
``(II) fiscal year 2017 and each
succeeding fiscal year, that is more
than 130 percentage of the allocation
percentage of the local area for the
preceding fiscal year.
``(C) Definitions.--For the purpose of the formula
specified in this paragraph, the term `allocation
percentage'--
``(i) used with respect to fiscal year
2012, means the percentage of the amounts
allocated to local areas under title I of this
Act, title V of the Older Americans Act of 1965
(42 U.S.C. 3056 et seq.), the Women in
Apprenticeship and Nontraditional Occupations
Act (29 U.S.C. 2501 et seq.), sections 4103A
and 4104 of title 38, United States Code, and
sections 1 through 14 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.), as such provisions were
in effect for fiscal year 2012, that is
received under such provisions by the local
area involved for fiscal year 2012; and
``(ii) used with respect to fiscal year
2016 or a succeeding fiscal year, means the
percentage of the amounts allocated to local
areas for the fiscal year under this paragraph
that is received under this paragraph by the
local area involved for the fiscal year.'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Governor, may in accordance with
this subsection, reallocate to eligible local areas within the
State amounts that are allocated under subsection (b) for
employment and training activities and that are available for
reallocation.'';
(B) in paragraph (2), by striking ``paragraph
(2)(A) or (3) of subsection (b) for such activities''
and inserting ``subsection (b) for such activities'';
(C) by amending paragraph (3) to read as follows:
``(3) Reallocations.--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 allocated to such local area under subsection (b)(2) for
such activities for such prior program year, as compared to the
total amount allocated to all eligible local areas in the State
under subsection (b)(2) for such activities for such prior
program year.''; and
(D) in paragraph (4), by striking ``paragraph
(2)(A) or (3) of''; and
(4) by adding at the end the following new subsection:
``(d) Local Administrative Cost Limit.--Of the amounts allocated to
a local area under this section 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 in the local area under this chapter.''.
SEC. 113. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
Section 134 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Statewide Employment and Training Activities.--
``(1) In general.--
``(A) Distribution of statewide activities.--Funds
reserved by a Governor for a State as described in
section 133(a)(1)--
``(i) shall be used to carry out the
statewide employment and training activities
described in paragraph (2); and
``(ii) may be used to carry out any of the
statewide employment and training activities
described in paragraph (3).
``(B) Statewide rapid response activities.--Funds
reserved by a Governor for a State as described in
section 133(a)(2) shall be used to carry out the
statewide rapid response activities described in
paragraph (4).
``(C) Statewide grants for individuals with
barriers to employment.--Funds reserved by a Governor
for a State as described in section 133(a)(3) shall be
used to carry out the Statewide Grants for Individuals
with Barriers to Employment competition described in
paragraph (5).
``(2) Required statewide employment and training
activities.--A State shall use funds reserved as described in
section 133(a)(1) to carry out statewide employment and
training activities, which shall include--
``(A) disseminating the State list of eligible
providers of training described in section 122(d),
information identifying eligible providers of on-the-
job training and customized training described in
section 122(i), and performance information and program
cost information described in section 122(b)(2);
``(B) supporting the provision of work ready
services described in subsection (c)(2) in the one-stop
delivery system;
``(C) implementing strategies and services that
will be used in the State to assist at-risk youth and
out-of-school youth in acquiring the education and
skills, recognized postsecondary credentials, and
employment experience to succeed in the labor market;
``(D) conducting evaluations under section 136(e)
of activities authorized under this chapter in
coordination with evaluations carried out by the
Secretary under section 172;
``(E) providing technical assistance to local areas
that fail to meet local performance measures;
``(F) operating a fiscal and management
accountability system under section 136(f); and
``(G) carrying out monitoring and oversight of
activities carried out under this chapter.
``(3) Allowable statewide employment and training
activities.--A State may use funds reserved as described in
section 133(a)(1) to carry out statewide employment and
training activities which may include--
``(A) implementing innovative programs and
strategies designed to meet the needs of all employers
in the State, including small employers, which may
include incumbent worker training programs, sectoral
and industry cluster strategies and partnerships,
career ladder programs, micro-enterprise and
entrepreneurial training and support programs,
utilization of effective business intermediaries,
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 investment system more relevant to the
needs of State and local businesses, consistent with
the objectives of this title;
``(B) providing incentive grants to local areas for
regional cooperation among local boards (including
local boards in a designated region as described in
section 116(c)), for local coordination of activities
carried out under this Act, and for exemplary
performance by local areas on the local performance
measures;
``(C) developing strategies for effectively
integrating programs and services among one-stop
partners;
``(D) carrying out activities to facilitate remote
access to services provided through a one-stop delivery
system, including facilitating access through the use
of technology;
``(E) incorporating pay-for-performance contracting
strategies as an element in funding activities under
this section and providing technical support to local
areas and eligible providers in order to carry out such
strategy, which may provide assistance with data
collection and data entry requirements;
``(F) carrying out the State option under
subsection (f)(8); and
``(G) carrying out other activities authorized
under this section that the State determines to be
necessary to assist local areas in carrying out
activities described in subsection (c) or (d) through
the statewide workforce investment system.
``(4) Statewide rapid response activities.--A State shall
use funds reserved as described in section 133(a)(2) to carry
out statewide rapid response activities, which shall include--
``(A) 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 in the
local areas; and
``(B) 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 or by an entity
designated by the State, working in conjunction with
the local boards and the chief elected officials in the
local areas.
``(5) Statewide grants for individuals with barriers to
employment.--
``(A) In general.--Of the funds reserved as
described in section 133(a)(3), the Governor of a
State--
``(i) may reserve up to 5 percent to
provide technical assistance to, and conduct
evaluations as described in section 136(e), of
the programs and activities carried out under
this paragraph; and
``(ii) using the remainder, shall award
grants on a competitive basis to eligible
entities described in subparagraph (B) to carry
out employment and training programs authorized
under this paragraph for individuals with
barriers to employment that meet specific
performance outcomes and criteria established
by the Governor.
``(B) Eligible entity defined.--For purposes of
this paragraph, the term `eligible entity' means an
entity that--
``(i) is a--
``(I) local board or a consortium
of local boards;
``(II) nonprofit entity, for-profit
entity, or a consortium of nonprofit or
for-profit entities; or
``(III) consortium of the entities
described in subclauses (I) and (II);
``(ii) has a demonstrated record of placing
individuals into unsubsidized employment and
serving hard to serve individuals; and
``(iii) agrees to be reimbursed primarily
on the basis of achievement of specified
performance outcomes and criteria established
by the Governor.
``(C) Grant period.--
``(i) In general.--A grant under this
paragraph shall be awarded for a period of 1
year.
``(ii) Grant renewal.--A Governor of a
State may renew, for up to 4 additional 1-year
periods, a grant awarded under this paragraph.
``(D) Eligible participants.--To be eligible to
participate in activities under this paragraph, an
individual shall be a low-income individual age 16 or
older or a member of a low-income family.
``(E) Use of funds.--An eligible entity receiving a
grant under this paragraph shall use such funds for
activities that are designed to assist eligible
participants in obtaining employment and acquiring the
education and skills necessary to succeed in the labor
market.
``(F) Applications.--To be eligible to receive a
grant under this paragraph, an eligible entity shall
submit an application to a State at such time, in such
manner, and containing such information as the State
may require, including--
``(i) a description of how the strategies
and activities will be aligned with the State
plan submitted under section 112 and the local
plan submitted under section 118 with respect
to the areas of the State that will be the
focus of grant activities under this paragraph;
``(ii) a description of the educational and
skills training programs and activities the
eligible entity will provide to eligible
participants under this paragraph;
``(iii) how the eligible entity will
collaborate with State and local workforce
investment systems established under this title
in the provision of such programs and
activities;
``(iv) a description of the programs of
demonstrated effectiveness on which the
provision of such educational and skills
training programs and activities are based, and
a description of how such programs and
activities will improve the education and
skills training for eligible participants;
``(v) a description of the populations to
be served and the skill needs of those
populations, and the manner in which eligible
participants will be recruited and selected as
participants;
``(vi) a description of the private,
public, local, and State resources that will be
leveraged, in addition to the grant funds
provided for the programs and activities under
this paragraph, and how the entity will ensure
the sustainability of such programs and
activities after grant funds are no longer
available;
``(vii) a description of the extent of the
involvement of employers in such programs and
activities;
``(viii) a description of the levels of
performance the eligible entity expects to
achieve with respect to the indicators of
performance for all individuals specified in
section in 136(b)(2);
``(ix) 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 programs and
activities provided under this paragraph; and
``(x) any other criteria the Governor may
require.'';
(2) by amending subsection (b) to read as follows:
``(b) Local Employment and Training Activities.--Funds allocated to
a local area under section 133(b)--
``(1) shall be used to carry out employment and training
activities described in subsection (c); and
``(2) may be used to carry out employment and training
activities described in subsection (d).'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e), as
subsections (c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Funds allocated to a local area under
section 133(b) shall be used--
``(A) to establish a one-stop delivery system as
described in section 121(e);
``(B) to provide the work ready services described
in paragraph (2) through the one-stop delivery system
in accordance with such paragraph; and
``(C) to provide training services described in
paragraph (4) in accordance with such paragraph.'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Core
services'' and inserting ``Work ready
services'';
(ii) in the matter preceding subparagraph
(A)--
(I) by striking ``(1)(A)'' and
inserting ``(1)(B)'';
(II) by striking ``core services''
and inserting ``work ready services'';
and
(III) by striking ``who are adults
or dislocated workers'';
(iii) by redesignating subparagraph (K) as
subparagraph (V);
(iv) by redesignating subparagraphs (B)
through (J) as subparagraphs (C) through (K),
respectively;
(v) by inserting after subparagraph (A) the
following:
``(B) assistance in obtaining eligibility
determinations under the other one-stop partner
programs through activities, where appropriate and
consistent with the authorizing statute of the one-stop
partner program, such as assisting in the submission of
applications, the provision of information on the
results of such applications, and the provision of
intake services and information;'';
(vi) by amending subparagraph (E), as so
redesignated, to read as follows:
``(E) labor exchange services, including--
``(i) job search and placement assistance,
and where appropriate, career counseling;
``(ii) appropriate recruitment services for
employers, including small employers, in the
local area, which may include services
described in this subsection, including
information and referral to specialized
business services not traditionally offered
through the one-stop delivery system; and
``(iii) reemployment services provided to
unemployment claimants, including claimants
identified as in need of such services under
the worker profiling system established under
section 303(j) of the Social Security Act (42
U.S.C. 503(j));'';
(vii) in subparagraph (F), as so
redesignated, by striking ``employment
statistics'' and inserting ``workforce and
labor market'';
(viii) in subparagraph (G), as so
redesignated, by striking ``and eligible
providers of youth activities described in
section 123,'';
(ix) in subparagraph (H), as so
redesignated, by inserting ``under section
136'' after ``local performance measures'';
(x) in subparagraph (J), as so
redesignated, by inserting ``and the
administration of the work test for the
unemployment compensation system'' after
``compensation'';
(xi) by amending subparagraph (K), as so
redesignated, to read as follows:
``(K) assistance in establishing eligibility for
programs of financial aid assistance for training and
education programs that are not funded under this Act
and are available in the local area;''; and
(xii) by inserting the following new
subparagraphs after subparagraph (K), as so
redesignated:
``(L) the provision of information from official
publications of the Internal Revenue Service regarding
Federal tax credits available to individuals relating
to education, job training and employment;
``(M) comprehensive and specialized assessments of
the skill levels and service needs of workers, which
may include--
``(i) diagnostic testing and use of other
assessment tools; and
``(ii) in-depth interviewing and evaluation
to identify employment barriers and appropriate
employment goals;
``(N) development of an individual employment plan,
to identify the employment goals, appropriate
achievement objectives, and appropriate combination of
services for the participant;
``(O) group counseling;
``(P) individual counseling and career planning;
``(Q) case management;
``(R) short-term pre-career services, including
development of learning skills, communications skills,
interviewing skills, punctuality, personal maintenance
skills, and professional conduct, to prepare
individuals for unsubsidized employment or training;
``(S) internships and work experience;
``(T) literacy activities relating to basic work
readiness, information and communication technology
literacy activities, and financial literacy activities,
if such activities are not available to participants in
the local area under programs administered under the
Adult Education and Family Literacy Act (20 U.S.C. 2901
et seq.);
``(U) out-of-area job search assistance and
relocation assistance; and''; and
(C) by amending paragraph (3) to read as follows:
``(3) Delivery of services.--The work ready services
described in paragraph (2) shall be provided through the one-
stop delivery system and may be provided through contracts with
public, private for-profit, and private nonprofit service
providers, approved by the local board.'';
(D) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--Funds described in paragraph
(1)(C) shall be used to provide training services to
individuals who--
``(i) after an interview, evaluation, or
assessment, and case management, have been
determined by a one-stop operator or one-stop
partner, as appropriate, to--
``(I) be in need of training
services to obtain or retain
employment; and
``(II) have the skills and
qualifications to successfully
participate in the selected program of
training services;
``(ii) select programs of training services
that are directly linked to the employment
opportunities in the local area involved or in
another area in which the individual receiving
such services are willing to commute or
relocate; and
``(iii) who meet the requirements of
subparagraph (B).''; and
(ii) in subparagraph (B)(i), by striking
``Except'' and inserting ``Notwithstanding
section 479B of the Higher Education Act of
1965 (20 U.S.C. 1087uu) and except'';
(iii) by amending subparagraph (D) to read
as follows:
``(D) Training services.--Training services
authorized under this paragraph may include--
``(i) occupational skills training;
``(ii) on-the-job training;
``(iii) skill upgrading and retraining;
``(iv) entrepreneurial training;
``(v) education activities leading to a
regular secondary school diploma or its
recognized equivalent in combination with,
concurrently or subsequently, occupational
skills training;
``(vi) adult education and literacy
activities provided in conjunction with other
training authorized under this subparagraph;
``(vii) workplace training combined with
related instruction;
``(viii) occupational skills training that
incorporates English language acquisition;
``(ix) customized training conducted with a
commitment by an employer or group of employers
to employ an individual upon successful
completion of the training; and
``(x) training programs operated by the
private sector.'';
(iv) by striking subparagraph (E) and
redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(v) in subparagraph (E) (as so
redesignated)--
(I) in clause (ii)--
(aa) in the matter
preceding subclause (I), by
striking ``subsection (c)'' and
inserting ``section 121'';
(bb) in subclause (I), by
striking ``section 122(e)'' and
inserting ``section 122(d)''
and by striking ``section
122(h)'' and inserting
``section 122(i)''; and
(cc) in subclause (II), by
striking ``subsections (e) and
(h)'' and inserting
``subsection (i)''; and
(II) by striking clause (iii) and
inserting the following:
``(iii) Career enhancement accounts.--An
individual who seeks training services and who
is eligible pursuant to subparagraph (A), may,
in consultation with a case manager, select an
eligible provider of training services from the
list or identifying information for providers
described in clause (ii)(I). 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 a career enhancement account.
``(iv) Coordination.--Each local board may,
through one-stop centers, coordinate career
enhancement accounts with other Federal, State,
local, or private job training programs or
sources to assist the individual in obtaining
training services.
``(v) Assistance.--Each local board may,
through one-stop centers, assist individuals
receiving career enhancement accounts in
obtaining funds (in addition to the funds
provided under this section) from other
programs and sources that will assist the
individual in obtaining training services.'';
and
(vi) in subparagraph (F) (as so
redesignated)--
(I) in the subparagraph heading, by
striking ``individual training
accounts'' and inserting ``career
enhancement accounts'';
(II) in clause (i) by striking
``individual training accounts'' and
inserting ``career enhancement
accounts'';
(III) in clause (ii)--
(aa) by striking ``an
individual training account''
and inserting ``a career
enhancement account'';
(bb) by striking
``subparagraph (F)'' and
inserting ``subparagraph (E)'';
(cc) in subclause (II), by
striking ``individual training
accounts'' and inserting
``career enhancement
accounts'';
(dd) in subclause (II) by
striking ``or'' after the
semicolon;
(ee) in subclause (III) by
striking the period and
inserting ``; or''; and
(ff) by adding at the end
the following:
``(IV) the local board determines
that it would be most appropriate to
award a contract to a postsecondary
educational institution that has been
identified as a priority eligible
provider under section 117(d)(5)(B) in
order to facilitate the training of
multiple individuals in in-demand
sectors or occupations, such contract
may be used to enable the expansion of
programs provided by a priority
eligible provider, and such contract
does not limit customer choice.'';
(IV) in clause (iii), by striking
``adult or dislocated worker'' and
inserting ``individual''; and
(V) in clause (iv)--
(aa) by redesignating
subclause (IV) as subclause (V)
and inserting after subclause
(III) the following:
``(IV) Individuals with
disabilities.'';
(6) in subsection (d) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Discretionary one-stop delivery activities.--
``(A) In general.--Funds allocated to a local area
under section 133(b)(2) may be used to provide, through
the one-stop delivery system--
``(i) customized screening and referral of
qualified participants in training services to
employers;
``(ii) customized employment-related
services to employers on a fee-for-service
basis;
``(iii) customer supports, including
transportation and childcare, to navigate among
multiple services and activities for special
participant populations that face multiple
barriers to employment, including individuals
with disabilities;
``(iv) employment and training assistance
provided in coordination with child support
enforcement activities of the State agency
carrying out subtitle D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.);
``(v) incorporating pay-for-performance
contract strategies as an element in funding
activities under this section;
``(vi) activities to facilitate remote
access to services provided through a one-stop
delivery system, including facilitating access
through the use of technology; and
``(vii) activities to carry out business
services and strategies that meet the workforce
investment needs of local area employers, as
determined by the local board, consistent with
the local plan under section 118.''.
(B) by striking paragraphs (2) and (3); and
(C) by adding at the end the following:
``(2) Incumbent worker training programs.--
``(A) In general.--The local board may use funds
allocated to a local area under section 133(b)(2) to
carry out incumbent worker training programs in
accordance with this paragraph.
``(B) Training activities.--The training programs
for incumbent workers under this paragraph shall be
carried out by the local area in conjunction with the
employers of such workers for the purpose of assisting
such workers in obtaining the skills necessary to
retain employment and avert layoffs.
``(C) Employer match required.--
``(i) In general.--Employers participating
in programs under this paragraph shall be
required to pay a proportion of the costs of
providing the training to the incumbent workers
of the employers. The local board shall
establish the required portion of such costs,
which may include in-kind contributions.
``(ii) Calculation of match.--The wages
paid by an employer to a worker while they are
attending training may be included as part of
the required payment of the employer.''; and
(7) by adding at the end the following:
``(e) Priority for Placement in Private Sector Jobs.--In providing
employment and training activities authorized under this section, the
State and local board shall give priority to placing participants in
jobs in the private sector.
``(f) Veteran Employment Specialist.--
``(1) In general.--Subject to paragraph (8), a local board
shall hire and employ one or more veteran employment specialist
to carry out employment, training, and placement services under
this subsection in the local area served by the local board.
``(2) Principal duties.--A veteran employment specialist in
a local area shall--
``(A) conduct outreach to employers in the local
area to assist veterans, including disabled veterans,
in gaining employment, including--
``(i) conducting seminars for employers;
and
``(ii) in conjunction with employers,
conducting job search workshops, and
establishing job search groups; and
``(B) facilitate employment, training, supportive,
and placement services furnished to veterans, including
disabled and homeless veterans, in the local area.
``(3) Hiring preference for veterans and individuals with
expertise in serving veterans.--Subject to paragraph (8), a
local board shall, to the maximum extent practicable, employ
veterans or individuals with expertise in serving veterans to
carry out the services described in paragraph (2) in the local
area served by the local board. In hiring an individual to
serve as a veteran employment specialist, a local board shall
give preference to veterans and other individuals in the
following order:
``(A) To service-connected disabled veterans.
``(B) If no veteran described in subparagraph (A)
is available, to veterans.
``(C) If no veteran described in subparagraph (A)
or (B) is available, to any member of the Armed Forces
transitioning out of military service.
``(D) If no veteran described in subparagraph (A),
(B), or (C) is available, to any spouse of a veteran or
a spouse of a member of the Armed Forces transitioning
out of military service.
``(E) If no veteran described in subparagraph (A),
(B), or (C) is available and no spouse described in
paragraph (D) is available, to any other individuals
with expertise in serving veterans.
``(4) Administration and reporting.--
``(A) In general.--Each veteran employment
specialist shall be administratively responsible to the
manager of the one-stop delivery center in the local
area and shall provide, at a minimum, quarterly reports
to the manager of such center and to the Director for
Veterans' Employment and Training for the State on the
performance and compliance by the specialist with
Federal law and regulations with respect to the--
``(i) principal duties and special services
for veterans described in paragraph (2); and
``(ii) hiring preferences described in
paragraph (3) for veterans and individuals with
expertise in serving veterans.
``(B) Report to secretary.--Each State shall submit
to the Secretary an annual report on the qualifications
used by the local board in making hiring determinations
for a veteran employment specialist and the salary
structure under which such specialist is compensated.
``(C) Report to congress.--The Secretary shall
submit to the Committee on Education and the Workforce
and the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Veterans'
Affairs of the Senate an annual report summarizing the
reports submitted under subparagraph (B), including
summaries of outcomes achieved by participating
veterans disaggregated by local areas.
``(5) Part-time employees.--A part-time veteran employment
specialist shall perform the functions of a veteran employment
specialist under this subsection on a halftime basis.
``(6) Training requirements.--Each veteran employment
specialist described in paragraph (2) shall satisfactorily
complete training provided by the National Veterans' Employment
and Training Institute during the three-year period that begins
on the date on which the employee is so assigned.
``(7) Specialist's duties.--A full-time veteran employment
specialist shall perform only duties related to the employment,
training, supportive, and placement services under this
subsection, and shall not perform other non-veteran-related
duties if such duties detract from the specialist's ability to
perform the specialist's duties related to employment,
training, and placement services under this subsection.
``(8) State option.--At the request of a local board, a
State may assume the duties assigned to the local board under
paragraphs (1) and (3), including the hiring and employment of
one or more veteran employment specialist for placement in the
local area served by the local board.''.
SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 136 (29 U.S.C. 2871) is amended--
(1) in subsection (b)--
(A) by amending paragraphs (1) and (2) to read as
follows:
``(1) In general.--For each State, the State performance
measures shall consist of--
``(A)(i) the core indicators of performance
described in paragraph (2)(A); and
``(ii) 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) Core indicators of performance.--
``(i) In general.--The core indicators of
performance for the program of employment and
training activities authorized under sections
132(a)(2) and 134, the program of adult
education and literacy activities authorized
under title II, 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 the following indicators of
performance, each disaggregated by the
populations identified in the State and local
plans:
``(I) The percentage and number of
program participants who are in
unsubsidized employment during the
second full calendar quarter after exit
from the program.
``(II) The percentage and number of
program participants who are in
unsubsidized employment during the
fourth full calendar quarter after exit
from the program.
``(III) The median earnings of
program participants who are in
unsubsidized employment during the
second full calendar quarter after exit
from the program compared to the median
earnings of such participants prior to
the training received under such
program.
``(IV) The percentage and number of
program participants who obtain a
recognized postsecondary credential, a
registered apprenticeship, an industry-
recognized credential, or a regular
secondary school diploma or its
recognized equivalent (subject to
clause (ii)), during participation in
or within 1 year after exit from
program.
``(V) The percentage and number of
program participants who, during a
program year--
``(aa) are in an education
or training program that leads
to a recognized postsecondary
credential, a registered
apprenticeship or on-the-job
training program, an industry-
recognized credential, a
regular secondary school
diploma or its recognized
equivalent, or unsubsidized
employment; and
``(bb) are achieving
measurable basic skill gains
toward such a credential or
employment.
``(VI) The percentage and number of
program participants who obtain
unsubsidized employment in the field
relating to the training services
described in section 134(c)(4) that
such participants received.
``(ii) Indicator relating to credential.--
For purposes of clause (i)(IV), program
participants who obtain a regular 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, within 1 year after exit from the
program, obtained or retained employment, have
been removed from public assistance, or are in
an education or training program leading to a
recognized postsecondary credential.
``(B) Additional indicators.--A State may identify
in the State plan additional indicators for workforce
investment activities authorized under this
subtitle.''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in the heading, by striking
``and customer satisfaction
indicator'';
(II) in clause (i), by striking
``and the customer satisfaction
indicator described in paragraph
(2)(B)'';
(III) in clause (ii), by striking
``and the customer satisfaction
indicator of performance, for the first
3'' and inserting ``, for all 3'';
(IV) in clause (iii)--
(aa) in the heading, by
striking ``for first 3 years'';
and
(bb) by striking ``and the
customer satisfaction indicator
of performance, for the first 3
program years'' and inserting
``for all 3 program years'';
(V) in clause (iv)--
(aa) by striking ``or
(v)'';
(bb) by striking subclause
(I) and redesignating
subclauses (II) and (III) as
subclauses (I) and (II),
respectively; and
(cc) in subclause (I) (as
so redesignated)--
(AA) by striking
``taking into account''
and inserting ``which
shall be adjusted based
on'';
(BB) by inserting
``, such as
unemployment rates and
job losses or gains in
particular industries''
after ``economic
conditions''; and
(CC) by inserting
``, such as indicators
of poor work
experience, dislocation
from high-wage
employment, low levels
of literacy or English
proficiency, disability
status, including the
number of veterans with
disabilities, and
welfare dependency''
after ``program'';
(VI) by striking clause (v) and
redesignating clause (vi) as clause
(v); and
(VII) in clause (v) (as so
redesignated),
(aa) by striking
``described in clause
(iv)(II)'' and inserting
``described in clause
(iv)(I)''; and
(bb) by striking ``or
(v)''; and
(ii) in subparagraph (B), by striking
``paragraph (2)(C)'' and inserting ``paragraph
(2)(B)'';
(2) in subsection (c)--
(A) by amending clause (i) of paragraph (1)(A) to
read as follows: ``(i) the core indicators of
performance described in subsection (b)(2)(A) for
activities described in such subsections, other than
statewide workforce investment activities; and'';
(B) in clause (ii) of paragraph (1)(A), by striking
``(b)(2)(C)'' and inserting ``(b)(2)(B)''; and
(C) by amending paragraph (3) to read as follows:
``(3) Determinations.--In determining such local levels of
performance, the local board, the chief elected official, and
the Governor shall ensure such levels are adjusted based on the
specific economic characteristics (such as unemployment rates
and job losses or gains in particular industries), demographic
characteristics, or other characteristics of the population to
be served in the local area.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``127 or'';
(ii) by striking ``and the customer
satisfaction indicator'' each place it appears;
and
(iii) in the last sentence, by inserting
before the period the following: ``, and on the
amount and percentage of the State's annual
allotment under section 132 the State spends on
administrative costs and on the amount and
percentage of its annual allocation under
section 133 each local area in the State spends
on administrative costs'';
(B) in paragraph (2)--
(i) by striking subparagraphs (A), (B), and
(D);
(ii) by redesignating subparagraph (C) as
subparagraph (A);
(iii) by redesignating subparagraph (E) as
subparagraph (B);
(iv) in subparagraph (B), as so
redesignated--
(I) by striking ``(excluding
participants who received only self-
service and informational
activities)''; and
(II) by striking ``and'' at the
end;
(v) by striking subparagraph (F);
(vi) by adding at the end the following:
``(C) with respect to each local area in the
State--
``(i) the number of individuals who
received work ready services described under
section 134(c)(2) and the number of individuals
who received training services described under
section 134(c)(4) during the most recent
program year and fiscal year, and the preceding
5 program years, where the individuals received
the training, disaggregated by the type of
entity that provided the training, and the
amount of funds spent on each type of service;
``(ii) the number of individuals who
successfully exited out of work ready services
described under section 134(c)(2) and the
number of individuals who exited out of
training services described under section
134(c)(4) during the most recent program year
and fiscal year, and the preceding 5 program
years, and where the individuals received the
training, disaggregated by the type of entity
that provided the training; and
``(iii) the average cost per participant of
those individuals who received work ready
services described under section 134(c)(2) and
the average cost per participant of those
individuals who received training services
described under section 134(c)(4) during the
most recent program year and fiscal year, and
the preceding 5 program years, and where the
individuals received the training,
disaggregated by the type of entity that
provided the training; and
``(D) the amount of funds spent on training
services and discretionary one-stop delivery
activities, disaggregated by the populations identified
in the State and local plans.'';
(C) in paragraph (3)(A), by striking ``through
publication'' and inserting ``through electronic
means''; and
(D) by adding at the end the following:
``(4) Data validation.--In preparing the reports described
in this subsection, each State shall establish procedures,
consistent with guidelines issued by the Secretary, to ensure
the information contained in the report is valid and reliable.
``(5) State and local policies.--
``(A) State policies.--Each State that receives an
allotment under section 132 shall maintain a central
repository of policies related to access, eligibility,
availability of services, and other matters and plans
approved by the State board and make such repository
available to the public, including by electronic means.
``(B) Local policies.--Each local area that
receives an allotment under section 133 shall maintain
a central repository of policies related to access,
eligibility, availability of services, and other
matters and plans approved by the local board and make
such repository available to the public, including by
electronic means.'';
(4) in subsection (g)--
(A) in paragraph (1)(A), by striking ``or (B)'';
(B) in paragraph (1)(B), by striking ``may reduce
by not more than 5 percent,'' and inserting ``shall
reduce''; and
(C) by striking paragraph (2) and inserting the
following:
``(2) Funds resulting from reduced allotments.--The
Secretary shall return to the Treasury the amount retained, as
a result of a reduction in an allotment to a State made under
paragraph (1)(B).'';
(5) in subsection (h)(1), by striking ``or (B)'';
(6) in subsection (h)(2)--
(A) in subparagraph (A), by amending the matter
preceding clause (i) to read as follows:
``(A) In general.--If such failure continues for a
second consecutive year, the Governor shall take
corrective actions, including the development of a
reorganization plan. Such plan shall--'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A), the
following:
``(B) Reduction in the amount of grant.--If such
failure continues for a third consecutive year, the
Governor of a State shall reduce the amount of the
grant that would (in the absence of this subparagraph)
be payable to the local area under such program for the
program year after such third consecutive year. Such
penalty shall be based on the degree of failure to meet
local levels of performance.'';
(D) in subparagraph (C)(i) (as so redesignated), by
striking ``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'' and inserting
``corrective actions under subparagraphs (A) and (B)
may, not later than 30 days after receiving notice of
the actions, appeal to the Governor to rescind or
revise such actions''; and
(E) in subparagraph (D) (as so redesignated), by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (C)'';
(7) in subsection (i)(1)(B), by striking ``subsection
(b)(2)(C)'' and inserting ``subsection (b)(2)(B)'';
(8) in subsection (i)(1)(C), by striking ``(b)(3)(A)(vi)''
and inserting ``(b)(3)(A)(v)'';
(9) in subsection (i)(2), by striking ``the activities
described in section 502 concerning'';
(10) in subsection (i)(3), by striking ``described in
paragraph (1) and in the activities described in section 502''
and inserting ``and activities described in this subsection'';
and
(11) by adding at the end the following new subsections:
``(j) Use of Core Indicators for Other Programs.--In addition to
the programs carried out under chapter 5, and consistent with the
requirements of the applicable authorizing laws, the Secretary shall
use the core indicators of performance described in subsection
(b)(2)(A) to assess the effectiveness of the programs described under
section 121(b)(1)(B) that are carried out by the Secretary.
``(k) Establishing Pay-for-Performance Incentives.--
``(1) In general.--At the discretion of the Governor of a
State, a State may establish an incentive system for local
boards to implement pay-for-performance contract strategies for
the delivery of employment and training services in the local
areas served by the local boards.
``(2) Implementation.--A State that establishes a pay-for-
performance incentive system shall reserve not more than 10
percent of the total amount allotted to the State under section
132(b)(2) for a fiscal year to provide funds to local areas in
the State whose local boards have implemented a pay-for-
performance contract strategy.
``(3) Evaluations.--A State described in paragraph (2)
shall use funds reserved by the State under section 133(a)(1)
to evaluate the return on investment of pay-for-performance
contract strategies implemented by local boards in the
State.''.
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
Section 137 (29 U.S.C. 2872) is amended to read as follows:
``SEC. 137. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the
activities described in section 132, $6,245,318,000 for fiscal year
2014 and each of the 6 succeeding fiscal years.''.
Subtitle C--Job Corps
SEC. 116. JOB CORPS PURPOSES.
Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read
as follows:
``(1) to maintain a national Job Corps program for at-risk
youth, carried out in partnership with States and communities,
to assist eligible youth to connect to the workforce by
providing them with intensive academic, career and technical
education, and service-learning opportunities, in residential
and nonresidential centers, in order for such youth to obtain
regular secondary school diplomas and recognized postsecondary
credentials leading to successful careers in in-demand
industries that will result in opportunities for
advancement;''.
SEC. 117. JOB CORPS DEFINITIONS.
Section 142 (29 U.S.C. 2882) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking
``Applicable one-stop'' and inserting ``One-stop'';
(B) by striking ``applicable'';
(C) by striking ``customer service''; and
(D) by striking ``intake'' and inserting
``assessment'';
(2) in paragraph (4), by striking ``before completing the
requirements'' and all that follows and inserting ``prior to
becoming a graduate.''; and
(3) in paragraph (5), by striking ``has completed the
requirements'' and all that follows and inserting the
following: ``who, as a result of participation in the Job Corps
program, has received a regular secondary school diploma,
completed the requirements of a career and technical education
and training program, or received, or is making satisfactory
progress (as defined under section 484(c) of the Higher
Education Act of 1965 (20 U.S.C. 1091(c))) toward receiving, a
recognized postsecondary credential, including an industry-
recognized credential that prepares individuals for employment
leading to economic self-sufficiency.''.
SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 (29 U.S.C. 2884) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) not less than age 16 and not more than age 24 on the
date of enrollment;'';
(2) in paragraph (3)(B), by inserting ``secondary'' before
``school''; and
(3) in paragraph (3)(E), by striking ``vocational'' and
inserting ``career and technical education and''.
SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
Section 145 (29 U.S.C. 2885) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(C)(i) by striking
``vocational'' and inserting ``career and technical
education and training''; and
(B) in paragraph (3)--
(i) by striking ``To the extent
practicable, the'' and inserting ``The'';
(ii) in subparagraph (A)--
(I) by striking ``applicable''; and
(II) by inserting ``and'' after the
semicolon;
(iii) by striking subparagraphs (B) and
(C); and
(iv) by adding at the end the following:
``(B) organizations that have a demonstrated record
of effectiveness in placing at-risk youth into
employment.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and
agrees to such rules'' after ``failure to
observe the rules''; and
(ii) by amending subparagraph (C) to read
as follows:
``(C) the individual has passed a background check
conducted in accordance with procedures established by
the Secretary, which shall include--
``(i) a search of the State criminal
registry or repository in the State where the
individual resides and each State where the
individual previously resided;
``(ii) a search of State-based child abuse
and neglect registries and databases in the
State where the individual resides and each
State where the individual previously resided;
``(iii) a search of the National Crime
Information Center;
``(iv) a Federal Bureau of Investigation
fingerprint check using the Integrated
Automated Fingerprint Identification System;
and
``(v) a search of the National Sex Offender
Registry established under the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.).''; and
(B) by adding at the end the following new
paragraph:
``(3) Individuals convicted of a crime.--An individual
shall be ineligible for enrollment if the individual--
``(A) makes a false statement in connection with
the criminal background check described in paragraph
(1)(C);
``(B) is registered or is required to be registered
on a State sex offender registry or the National Sex
Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.); or
``(C) has been convicted of a felony consisting
of--
``(i) homicide;
``(ii) child abuse or neglect;
``(iii) a crime against children, including
child pornography;
``(iv) a crime involving rape or sexual
assault; or
``(v) physical assault, battery, or a drug-
related offense, committed within the past 5
years.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``2 years'' and inserting
``year''; and
(ii) by striking ``an assignment'' and
inserting ``a''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``, every 2 years,'';
(ii) in subparagraph (B), by striking
``and'' at the end; and
(iii) in subparagraph (C)--
(I) by inserting ``the education
and training'' after ``including''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the performance of the Job Corps center
relating to the indicators described in paragraphs (1)
and (2) in section 159(c), and whether any actions have
been taken with respect to such center pursuant to
section 159(f).''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``is closest to the home of
the enrollee, except that the'' and inserting
``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'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B),
respectively; and
(B) in paragraph (2), by inserting ``that offers
the career and technical education and training desired
by'' after ``home of the enrollee''.
SEC. 120. JOB CORPS CENTERS.
Section 147 (29 U.S.C. 2887) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``vocational''
both places it appears and inserting ``career and
technical''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``subsections (c)
and (d) of section 303 of the Federal
Property and Administrative Services
Act of 1949 (41 U.S.C. 253)'' and
inserting ``subsections (a) and (b) of
section 3304 of title 41, United States
Code''; and
(II) by striking ``industry
council'' and inserting ``workforce
council'';
(ii) in subparagraph (B)(i)--
(I) by amending subclause (II) to
read as follows:
``(II) the ability of the entity to
offer career and technical education
and training that the workforce council
proposes under section 154(c);'';
(II) in subclause (III), by
striking ``is familiar with the
surrounding communities, applicable''
and inserting ``demonstrates
relationships with the surrounding
communities, employers, workforce
boards,'' and by striking ``and'' at
the end;
(III) by amending subclause (IV) to
read as follows:
``(IV) the performance of the
entity, if any, relating to operating
or providing activities described in
this subtitle to a Job Corps center,
including the entity's demonstrated
effectiveness in assisting individuals
in achieving the primary and secondary
indicators of performance described in
paragraphs (1) and (2) of section
159(c); and''; and
(IV) by adding at the end the
following new subclause:
``(V) the ability of the entity to
demonstrate a record of successfully
assisting at-risk youth to connect to
the workforce, including by providing
them with intensive academic, and
career and technical education and
training.''; and
(iii) in subparagraph (B)(ii), by striking
``, as appropriate'';
(2) in subsection (b), by striking ``In any year, no more
than 20 percent of the individuals enrolled in the Job Corps
may be nonresidential participants in the Job Corps.'';
(3) by amending subsection (c) to read as follows:
``(c) 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 adhere to all the provisions of this subtitle,
and shall provide, in addition to education, career and
technical education and training, and workforce preparation
skills training described in section 148, 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) Selection process.--The Secretary shall select an
entity that submits an application under subsection (d) to
operate a Civilian Conservation Center on a competitive basis,
as provided in subsection (a).''; and
(4) by striking subsection (d) and inserting the following:
``(d) Application.--To be eligible to operate a Job Corps center
under this subtitle, an entity shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require, including--
``(1) a description of the program activities that will be
offered at the center, including how the career and technical
education and training reflect State and local employment
opportunities, including in in-demand industries;
``(2) 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
upon completion of the program;
``(3) a description of the demonstrated record of
effectiveness that the entity has in placing at-risk youth into
employment, including past performance of operating a Job Corps
center under this subtitle;
``(4) a description of the relationships that the entity
has developed with State and local workforce boards, employers,
State and local educational agencies, and the surrounding
communities in an effort to promote a comprehensive statewide
workforce investment system;
``(5) 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);
``(6) a description of the strategies and policies the
entity will utilize to reduce participant costs;
``(7) a description of the steps taken to control costs in
accordance with section 159(a)(3);
``(8) a detailed budget of the activities that will be
supported using funds under this subtitle;
``(9) a detailed budget of the activities that will be
supported using funds from non-Federal resources;
``(10) an assurance the entity will comply with the
administrative cost limitation included in section 151(c);
``(11) an assurance the entity is licensed to operate in
the State in which the center is located; and
``(12) an assurance the entity will comply with and meet
basic health and safety codes, including those measures
described in section 152(b).
``(e) Length of Agreement.--The agreement described in subsection
(a)(1)(A) shall be for not longer than a 2-year period. The Secretary
may renew the agreement for 3 one-year periods if the entity meets the
requirements of subsection (f).
``(f) Renewal.--
``(1) In general.--Subject to paragraph (2), the Secretary
may renew the terms of an agreement described in subsection
(a)(1)(A) for an entity to operate a Job Corps center if the
center meets or exceeds each of the indicators of performance
described in section 159(c)(1).
``(2) Recompetition.--
``(A) In general.--Notwithstanding paragraph (1),
the Secretary shall not renew the terms of the
agreement for an entity to operate a Job Corps center
if such center is ranked in the bottom quintile of
centers described in section 159(f)(2) for any program
year. Such entity may submit a new application under
subsection (d) only if such center has shown
significant improvement on the indicators of
performance described in section 159(c)(1) over the
last program year.
``(B) Violations.--The Secretary shall not select
an entity to operate a Job Corps center if such entity
or such center has been found to have a systemic or
substantial material failure that involves--
``(i) a threat to the health, safety, or
civil rights of program participants or staff;
``(ii) the misuse of funds received under
this subtitle;
``(iii) loss of legal status or financial
viability, loss of permits, debarment from
receiving Federal grants or contracts, or the
improper use of Federal funds;
``(iv) failure to meet any other Federal or
State requirement that the entity has shown an
unwillingness or inability to correct, after
notice from the Secretary, within the period
specified; or
``(v) an unresolved area of noncompliance.
``(g) Current Grantees.--Not later than 60 days after the date of
enactment of the SKILLS Act and notwithstanding any previous grant
award or renewals of such award under this subtitle, the Secretary
shall require all entities operating a Job Corps center under this
subtitle to submit an application under subsection (d) to carry out the
requirements of this section.''.
SEC. 121. PROGRAM ACTIVITIES.
Section 148 (29 U.S.C. 2888) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Activities Provided Through Job Corps Centers.--
``(1) In general.--Each Job Corps center shall provide
enrollees with an intensive, well-organized, and supervised
program of education, career, and technical education and
training, work experience, recreational activities, physical
rehabilitation and development, and counseling. Each Job Corps
center shall provide enrollees assigned to the center with
access to work-ready services described in section 134(c)(2).
``(2) Relationship to opportunities.--
``(A) In general.--The activities provided under
this subsection shall be targeted to helping enrollees,
on completion of their enrollment--
``(i) secure and maintain meaningful
unsubsidized employment;
``(ii) complete secondary education and
obtain a regular secondary school diploma;
``(iii) enroll in and complete
postsecondary education or training programs,
including obtaining recognized postsecondary
credentials, industry-recognized credentials,
and registered apprenticeships; or
``(iv) satisfy Armed Forces requirements.
``(B) Link to employment opportunities.--The career
and technical education and training provided shall be
linked to the employment opportunities in in-demand
industries in the State in which the Job Corps center
is located.''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Education and Vocational'' and inserting ``Academic
and Career and Technical Education and'';
(B) by striking ``may'' after ``The Secretary'' and
inserting ``shall''; and
(C) by striking ``vocational'' each place it
appears and inserting ``career and technical''; and
(3) by amending paragraph (3) of subsection (c) to read as
follows:
``(3) Demonstration.--Each year, 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) such operator has met or exceeded the
indicators of performance described in paragraphs (1)
and (2) of section 159(c) for the previous year.''.
SEC. 122. COUNSELING AND JOB PLACEMENT.
Section 149 (29 U.S.C. 2889) is amended--
(1) in subsection (a), by striking ``vocational'' and
inserting ``career and technical education and'';
(2) in subsection (b), by striking ``make every effort to
arrange to''; and
(3) by striking subsection (d).
SEC. 123. SUPPORT.
Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read
as follows:
``(b) Transition Allowances and Support for Graduates.--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 a recognized postsecondary credential,
including an industry-recognized credential.''.
SEC. 124. OPERATIONS.
Section 151 (29 U.S.C. 2891) is amended--
(1) in the header, by striking ``operating plan.'' and
inserting ``operations.'';
(2) in subsection (a), by striking ``In General.--'' and
inserting ``Operating Plan.--'';
(3) by striking subsection (b) and redesignating subsection
(c) as subsection (b);
(4) by amending subsection (b) (as so redesignated)--
(A) in the heading by inserting ``of Operating
Plan'' after ``Availability''; and
(B) by striking ``subsections (a) and (b)'' and
inserting ``subsection (a)''; and
(5) by adding at the end the following new subsection:
``(c) Administrative Costs.--Not more than 10 percent of the funds
allotted under section 147 to an entity selected to operate a Job Corps
center may be used by the entity for administrative costs under this
subtitle.''.
SEC. 125. COMMUNITY PARTICIPATION.
Section 153 (29 U.S.C. 2893) is amended to read as follows:
``SEC. 153. COMMUNITY PARTICIPATION.
``The director of each Job Corps center shall encourage and
cooperate in activities to establish a mutually beneficial relationship
between Job Corps centers in the State and nearby communities. Such
activities may include the use of any local workforce development
boards established under section 117 to provide a mechanism for joint
discussion of common problems and for planning programs of mutual
interest.''.
SEC. 126. WORKFORCE COUNCILS.
Section 154 (29 U.S.C. 2894) is amended to read as follows:
``SEC. 154. WORKFORCE COUNCILS.
``(a) In General.--Each Job Corps center shall have a workforce
council appointed by the Governor of the State in which the Job Corps
center is located.
``(b) Workforce Council Composition.--
``(1) In general.--A workforce council shall be comprised
of--
``(A) business members of the State board described
in section 111(b)(1)(B)(i);
``(B) business members of the local boards
described in section 117(b)(2)(A) located in the State;
``(C) a representative of the State board described
in section 111(f); and
``(D) such other representatives and State agency
officials as the Governor may designate.
``(2) Majority.--A \2/3\ majority of the members of the
workforce council shall be representatives described in
paragraph (1)(A).
``(c) Responsibilities.--The responsibilities of the workforce
council shall be--
``(1) to review all the relevant labor market information,
including related information in the State plan described in
section 112, to--
``(A) determine the in-demand industries in the
State in which enrollees intend to seek employment
after graduation;
``(B) determine the skills and education that are
necessary to obtain the employment opportunities
described in subparagraph (A); and
``(C) determine the type or types of career and
technical education and training that will be
implemented at the center to enable the enrollees to
obtain the employment opportunities; and
``(2) to meet at least once a year to reevaluate the labor
market information, and other relevant information, to
determine any necessary changes in the career and technical
education and training provided at the center.''.
SEC. 127. TECHNICAL ASSISTANCE.
Section 156 (29 U.S.C. 2896) is amended to read as follows:
``SEC. 156. TECHNICAL ASSISTANCE TO CENTERS.
``(a) In General.--From the funds reserved under section 132(a)(3),
the Secretary shall provide, directly or through grants, contracts, or
other agreements or arrangements as the Secretary considers
appropriate, technical assistance and training for the Job Corps
program for the purposes of improving program quality.
``(b) Activities.--In providing training and technical assistance
and for allocating resources for such assistance, the Secretary shall--
``(1) assist entities, including those entities not
currently operating a Job Corps center, in developing the
application described in section 147(d);
``(2) assist Job Corps centers and programs in correcting
deficiencies and violations under this subtitle;
``(3) assist Job Corps centers and programs in meeting or
exceeding the indicators of performance described in paragraph
(1) and (2) of section 159(c); and
``(4) assist Job Corps centers and programs in the
development of sound management practices, including financial
management procedures.''.
SEC. 128. SPECIAL PROVISIONS.
Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking
``title II of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 481 et seq.)'' and inserting ``chapter of 5 title 40,
United States Code,''.
SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT.
Section 159 (29 U.S.C. 2899) is amended--
(1) in the section heading, by striking ``management
information'' and inserting ``performance accountability and
management'';
(2) in subsection (a)(3), by inserting before the period at
the end the following: ``, or operating costs for such centers
result in a budgetary shortfall'';
(3) by striking subsections (c) through (g); and
(4) by inserting after subsection (b) the following:
``(c) Indicators of Performance.--
``(1) Primary indicators.--The annual primary indicators of
performance for Job Corps centers shall include--
``(A) the percentage and number of enrollees who
graduate from the Job Corps center;
``(B) the percentage and number of graduates who
entered unsubsidized employment related to the career
and technical education and training received through
the Job Corps center, except that such calculation
shall not include enrollment in education, the military
or volunteer service;
``(C) the percentage and number of graduates who
obtained a recognized postsecondary credential,
including an industry-recognized credential or a
registered apprenticeship; and
``(D) the cost per successful performance outcome,
which is calculated by comparing the number of
graduates who were placed in unsubsidized employment or
obtained a recognized credential, including an
industry-recognized credential, to total program costs,
including all operations, construction, and
administration costs at each Job Corp center.
``(2) Secondary indicators.--The annual secondary
indicators of performance for Job Corps centers shall include--
``(A) the percentage and number of graduates who
entered unsubsidized employment not related to the
career and technical education and training received
through the Job Corps center;
``(B) the percentage and number of graduates who
entered into postsecondary education;
``(C) the percentage and number of graduates who
entered into the military;
``(D) the average wage of graduates who are in
unsubsidized employment--
``(i) on the first day of employment; and
``(ii) 6 months after the first day;
``(E) the number and percentage of graduates who
entered unsubsidized employment and were retained in
the unsubsidized employment--
``(i) 6 months after the first day of
employment; and
``(ii) 12 months after the first day of
employment;
``(F) the percentage and number of enrollees
compared to the percentage and number of enrollees the
Secretary has established targets in section 145(c)(1);
``(G) the cost per training slot, which is
calculated by comparing the program's maximum number of
students that can be enrolled in a Job Corps center at
any given time during the program year to the number of
enrollees in the same program year; and
``(H) the number and percentage of former
enrollees, including the number dismissed under the
zero tolerance policy described in section 152(b).
``(3) Indicators of performance for recruiters.--The annual
indicators of performance for recruiters shall include the
measurements described in subparagraph (A) of paragraph (1) and
subparagraphs (F), (G), and (H) of paragraph (2).
``(4) Indicators of performance of career transition
service providers.--The annual indicators of performance of
career transition service providers shall include the
measurements described in subparagraphs (B) and (C) of
paragraph (1) and subparagraphs, (B), (C), (D), and (E) of
paragraph (2).
``(d) Additional Information.--The Secretary shall collect, and
submit in the report described in subsection (f), information on the
performance of each Job Corps center, and the Job Corps program,
regarding--
``(1) the number and percentage of former enrollees who
obtained a regular secondary school diploma;
``(2) the number and percentage of former enrollees who
entered unsubsidized employment;
``(3) the number and percentage of former enrollees who
obtained a recognized postsecondary credential, including an
industry-recognized credential;
``(4) the number and percentage of former enrollees who
entered into military service; and
``(5) any additional information required by the Secretary.
``(e) Methods.--The Secretary shall collect the information
described in subsections (c) and (d), using methods described in
section 136(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) Transparency and Accountability.--
``(1) 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, and make available
to the public by electronic means, a report containing--
``(A) information on the performance of each Job
Corps center, and the Job Corps program, on the
performance indicators described in paragraphs (1) and
(2) of subsection (c);
``(B) a comparison of each Job Corps center, by
rank, on the performance indicators described in
paragraphs (1) and (2) of subsection (c);
``(C) a comparison of each Job Corps center, by
rank, on the average performance of all primary
indicators described in paragraph (1) of subsection
(c);
``(D) information on the performance of the service
providers described in paragraphs (3) and (4) of
subsection (c) on the performance indicators
established under such paragraphs; and
``(E) a comparison of each service provider, by
rank, on the performance of all service providers
described in paragraphs (3) and (4) of subsection (c)
on the performance indicators established under such
paragraphs.
``(2) Assessment.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center which
shall include information on the Job Corps centers that--
``(A) are ranked in the bottom 10 percent on the
performance indicator described in paragraph (1)(C); or
``(B) have failed a safety and health code review
described in subsection (g).
``(3) Performance improvement.--With respect to a Job Corps
center that is identified under paragraph (2) or reports less
than 50 percent on the performance indicators described in
subparagraph (A), (B), or (C) of subsection (c)(1), the
Secretary shall develop and implement a 1 year performance
improvement plan. Such a plan shall require action including--
``(A) providing technical assistance to the center;
``(B) changing the management staff of the center;
``(C) replacing the operator of the center;
``(D) reducing the capacity of the center; or
``(E) closing the center.
``(4) Closure of job corps centers.--Job Corps centers that
have been identified under paragraph (2) for more than 4
consecutive years shall be closed. The Secretary shall ensure--
``(A) that the proposed decision to close the
center is announced in advance to the general public
through publication in the Federal Register and other
appropriate means; and
``(B) the establishment of a reasonable comment
period, not to exceed 30 days, for interested
individuals to submit written comments to the
Secretary.
``(g) Participant Health and Safety.--The Secretary shall enter
into an agreement with the General Services Administration or the
appropriate State agency responsible for inspecting public buildings
and safeguarding the health of disadvantaged students, to conduct an
in-person review of the physical condition and health-related
activities of each Job Corps center annually. Such review shall include
a passing rate of occupancy under Federal and State ordinances.''.
Subtitle D--National Programs
SEC. 130. TECHNICAL ASSISTANCE.
Section 170 (29 U.S.C. 2915) is amended--
(1) by striking subsection (b);
(2) by striking:
``(a) General Technical Assistance.--'';
(3) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c) respectively, and moving such
subsections 2 ems to the left, and conforming the casing style
of the headings of such subsections to the casing style of the
heading of subsection (d), as added by paragraph (7) of this
section;
(4) in subsection (a) (as so redesignated)--
(A) by inserting ``the training of staff providing
rapid response services, the training of other staff of
recipients of funds under this title, assistance
regarding accounting and program operation practices
(when such assistance would not be duplicative to
assistance provided by the State), technical assistance
to States that do not meet State performance measures
described in section 136,'' after ``localities,''; and
(B) by striking ``from carrying out activities''
and all that follows up to the period and inserting
``to implement the amendments made by the SKILLS Act'';
(5) in subsection (b) (as so redesignated)--
(A) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(B) by striking ``, or recipient of financial
assistance under any of sections 166 through 169,'';
and
(C) by striking ``or grant recipient'';
(6) in subsection (c) (as so redesignated), by striking
``paragraph (1)'' and inserting ``subsection (a)''; and
(7) by inserting, after subsection (c) (as so
redesignated), the following:
``(d) Best Practices Coordination.--The Secretary shall--
``(1) establish a system through which States may share
information regarding best practices with regard to the
operation of workforce investment activities under this Act;
and
``(2) evaluate and disseminate information regarding best
practices and identify knowledge gaps.''.
SEC. 131. EVALUATIONS.
Section 172 (29 U.S.C. 2917) is amended--
(1) in subsection (a), by striking ``the Secretary shall
provide for the continuing evaluation of the programs and
activities, including those programs and activities carried out
under section 171'' and inserting ``the Secretary, through
grants, contracts, or cooperative agreements, shall conduct, at
least once every 5 years, an independent evaluation of the
programs and activities funded under this Act'';
(2) in subsection (a)(4) is amended to read as follows:
``(4) the impact of receiving services and not receiving
services under such programs and activities on the community,
businesses, and individuals;'';
(3) in subsection (c) is amended to read as follows:
``(c) Techniques.--Evaluations conducted under this section shall
utilize appropriate and rigorous methodology and research designs,
including the use of control groups chosen by scientific random
assignment methodologies, quasi-experimental methods, impact analysis
and the use of administrative data. The Secretary shall conduct an
impact analysis, as described in subsection (a)(4), of the formula
grant program under subtitle B not later than 2015, and thereafter
shall conduct such an analysis not less than once every four years.'';
(4) in subsection (e) is amended by striking ``the
Committee on Labor and Human Resources of the Senate'' and
inserting ``the Committee on Health, Education, Labor, and
Pensions of the Senate'';
(5) by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following:
``(f) Reduction of Amounts Authorized to Be Appropriated for Late
Reporting.--If a report required to be transmitted to Congress under
this section is not transmitted on or before the time period specified
for that report, amounts authorized to be appropriated under this title
shall be reduced by 10 percent for the fiscal year that begins after
the date on which the final report required under this section is
required to be transmitted and reduced by an additional 10 percent each
subsequent fiscal year until each such report is transmitted to
Congress.''.
(6) by adding at the end, the following:
``(h) Public Availability.--The results of the evaluations
conducted under this section shall be made publicly available,
including by posting such results on the Department's website.''.
Subtitle E--Administration
SEC. 132. REQUIREMENTS AND RESTRICTIONS.
Section 181 (29 U.S.C. 2931) is amended--
(1) in subsection (b)(6), by striking ``, including
representatives of businesses and of labor organizations'';
(2) in subsection (c)(2)(A), in the matter preceding clause
(i), by striking ``shall'' and inserting ``may'';
(3) in subsection (e)--
(A) by striking ``training for'' and inserting
``the entry into employment, retention in employment,
or increases in earnings of''; and
(B) by striking ``subtitle B'' and inserting ``this
Act'';
(4) in subsection (f)(4), by striking ``134(a)(3)(B)'' and
inserting ``134(a)(6)''; and
(5) by adding at the end the following:
``(g) Salary and Bonus Limitation.--No funds provided 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 Level II of the Federal
Executive Pay Schedule (5 U.S.C. 5313). This limitation shall not apply
to vendors providing goods and services as defined in OMB Circular A-
133. Where States are recipients of such funds, States may establish a
lower limit for salaries and bonuses of those receiving salaries and
bonuses from subrecipients 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 programs.
``(h) General Authority.--
``(1) In general.--The Employment and Training
Administration of the U.S. Department of Labor (hereinafter in
this Act referred to as the `Administration') shall administer
all programs authorized under title I and III of this Act. The
Administration shall be headed by an Assistant Secretary
appointed by the President by and with the advice and consent
of the Senate. Except for titles II and IV, the Administration
shall be the principal agency, and the Assistant Secretary
shall be the principal officer, of such Department for carrying
out this Act.
``(2) Qualifications.--The Assistant Secretary shall be an
individual with substantial experience in workforce development
and in workforce development management. The Assistant
Secretary shall also, to the maximum extent possible, possess
knowledge and have worked in or with the State or local
workforce investment system or have been a member of the
business community. In the performance of the functions of the
office, the Assistant Secretary shall be directly responsible
to the Secretary or the Under Secretary as designed by the
Secretary. The functions of the Assistant Secretary shall not
be delegated to any officer not directly responsible, both with
respect to program operation and administration, to the
Assistant Secretary. Any reference in this Act to duties to be
carried out by the Assistant Secretary shall be considered to
be a reference to duties to be carried out by the Secretary
acting through the Assistant Secretary.''.
SEC. 133. PROMPT ALLOCATION OF FUNDS.
Section 182 (29 U.S.C. 2932) is amended--
(1) in subsection (c), by striking ``127 or''; and
(2) in subsection (e)--
(A) by striking ``sections 128 and 133'' and
inserting ``section 133''; and
(B) by striking ``127 or''.
SEC. 134. FISCAL CONTROLS; SANCTIONS.
Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended--
(1) by striking ``(A)'' and all that follows through
``Each'' and inserting ``Each''; and
(2) by striking subparagraph (B).
SEC. 135. REPORTS TO CONGRESS.
Section 185 (29 U.S.C. 2935) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) shall have the option to submit or disseminate
electronically any reports, records, plans, or any other data
that are required to be collected or disseminated under this
title.''; and
(2) in subsection (e)(2), by inserting ``and the Secretary
shall 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,'' after
``Secretary,''.
SEC. 136. ADMINISTRATIVE PROVISIONS.
Section 189 (29 U.S.C. 2939) is amended--
(1) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Appropriations for any fiscal year for
programs and activities carried out under this title shall be
available for obligation only on the basis of a program year.
The program year shall begin on October 1 in the fiscal year
for which the appropriation is made.''; and
(B) in paragraph (2)--
(i) by striking ``each State'' and
inserting ``each recipient''; and
(ii) by striking ``171 or'';
(2) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by redesignating paragraph (4) as paragraph
(2);
(C) by amending paragraph (2)(A), as so
redesignated--
(i) by striking ``requirements of
subparagraph (B)'' and all that follows through
``any of the statutory or regulatory
requirements of subtitle B'' and inserting
``requirements of subparagraph (B) or (D), any
of the statutory or regulatory requirements of
subtitle B'';
(ii) by striking clause (ii); and
(iii) in clause (i), by striking ``; and''
and inserting a period at the end; and
(D) by adding at the end the following:
``(D) Expedited process for extending approved
waivers to additional states.--In lieu of the
requirements of subparagraphs (B) and (C), the
Secretary may establish an expedited procedure for the
purpose of extending to additional States the waiver of
statutory or regulatory requirements that have been
approved for a State pursuant to a request under
subparagraph (B). Such procedure shall ensure that the
extension of such waivers to additional States are
accompanied by appropriate conditions relating the
implementation of such waivers.
``(E) External conditions.--The Secretary shall not
require or impose new or additional requirements, which
are not specified under this Act, on a State in
exchange for providing a waiver to the State or a local
area in the State under this paragraph.''.
SEC. 137. STATE LEGISLATIVE AUTHORITY.
Section 191(a) (29 U.S.C. 2941(a)) is amended--
(1) by striking ``consistent with the provisions of this
title'' and inserting ``consistent with State law and the
provisions of this title''; and
(2) by striking ``consistent with the terms and conditions
required under this title'' and inserting ``consistent with
State law and the terms and conditions required under this
title''.
SEC. 138. GENERAL PROGRAM REQUIREMENTS.
Section 195 (29 U.S.C. 2945) is amended--
(1) in paragraph (7), by inserting at the end the
following:
``(D) Funds received by a public or private nonprofit
entity that are not described in subparagraph (B), such as
funds privately raised from philanthropic foundations,
businesses, or other private entities, shall not be considered
to be income under this title and shall not be subject to the
requirements of this section.''; and
(2) by adding at the end the following new paragraphs:
``(14) Funds provided under this title shall not be used to
establish or operate stand-alone fee-for-service enterprises
that compete with private sector employment agencies within the
meaning of section 701(c) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(c)), except that for purposes of this paragraph,
such an enterprise does not include one-stop centers.
``(15) Any report required to be submitted to Congress, or
to a Committee of Congress, under this title shall be submitted
to both the chairmen and ranking minority members of the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.''.
SEC. 139. FEDERAL AGENCY STAFF AND RESTRICTIONS ON POLITICAL AND
LOBBYING ACTIVITIES.
Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding
at the end the following new sections:
``SEC. 196. FEDERAL AGENCY STAFF.
``The Director of the Office of Management and Budget shall--
``(1) not later than 60 days after the date of the
enactment of the SKILLS Act--
``(A) identify the number of Federal government
employees who work on or administer each of the
programs authorized under this Act or repealed under
section 401 of the SKILLS Act, as such programs were in
effect on the day before such date of enactment; and
``(B) identify the number of full-time equivalent
employees who work on or administer each of the
programs authorized under this Act or repealed under
section 401 of the SKILLS Act, as such programs were in
effect on the day before such date of enactment, and
that have been repealed or consolidated on or after
such date of enactment;
``(2) not later than 90 after such date of enactment,
publish the information described in paragraph (1) on the
Office of Management and Budget website; and
``(3) not later than 1 year after such date of enactment--
``(A) reduce the workforce of the Federal
Government by the number of full-time equivalent
employees identified under paragraph (1)(B); and
``(B) submit to Congress a report on how the
Director carried out the requirements of subparagraph
(A).
``SEC. 197. RESTRICTIONS ON LOBBYING AND POLITICAL ACTIVITIES.
``(a) Lobbying Restrictions.--
``(1) Publicity restrictions.--
``(A) In general.--Subject to subparagraph (B), no
funds provided under this Act shall be used or proposed
for use, for--
``(i) publicity or propaganda purposes; or
``(ii) the preparation, distribution, or
use of any kit, pamphlet, booklet, publication,
electronic communication, radio, television, or
video presentation designed to support or
defeat the enactment of legislation before the
Congress or any State or local legislature or
legislative body.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) normal and recognized executive-
legislative relationships;
``(ii) the preparation, distribution, or
use of the materials described in subparagraph
(A)(ii) in presentation to the Congress or any
State or local legislature (except that this
subparagraph does not apply with respect to
such preparation, distribution, or use in
presentation to the executive branch of any
State or local government); or
``(iii) if such materials are designed to
support or defeat any proposed or pending
regulation, administrative action, or order
issued by the executive branch of any State or
local government.
``(2) Salary payment restriction.--No funds provided under
this Act shall be used, or proposed for use, 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 of legislation, appropriations,
regulations, administrative action, or executive order proposed
or pending before the Congress or any State government, or
State legislature or local legislature or legislative body,
other than for normal and recognized executive-legislative
relationships or 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.
``(b) Political Restrictions.--
``(1) In general.--No funds received by a participant of a
program or an activity under this Act shall be used for--
``(A) any partisan or nonpartisan political
activity or any other political activity associated
with a candidate, or contending faction or group, in an
election for public or party office; or
``(B) any activity to provide voters with
transportation to the polls or similar assistance in
connection with any such election.
``(2) Definition.--For the purposes of this subsection, the
term `participant' includes any State, local area, or
governmental, nonprofit, or for-profit entity receiving funds
under this Act.
``(3) Restriction on voter registration activities.--No
funds under this Act shall be used to conduct voter
registration activities.''.
Subtitle F--State Unified Plan
SEC. 140. STATE UNIFIED PLAN.
Section 501 (20 U.S.C. 9271) is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Authority.--The Secretary shall receive and approve
State unified plans developed and submitted under this section.'';
(2) by amending subsection (b) to read as follows:
``(b) State Unified Plan.--
``(1) In general.--A State may develop and submit to the
Secretary a State unified plan for 2 or more of the activities
or programs set forth in paragraph (2). The State unified plan
shall cover one or more of the activities set forth in
subparagraphs (A) and (B) of paragraph (2) and may cover one or
more of the activities set forth in subparagraphs (C) through
(N) of paragraph (2). For purposes of this paragraph, the
activities and programs described in subparagraphs (A) and (B)
of paragraph (2) shall not be considered to be 2 or more
activities or programs for purposes of the unified plan. Such
activities or programs shall be considered to be 1 activity or
program.
``(2) Activities and programs.--The activities and programs
referred to in paragraph (1) are as follows:
``(A) Programs and activities authorized under
title I.
``(B) Programs and activities authorized under
title II.
``(C) Programs authorized under the Rehabilitation
Act of 1973.
``(D) Secondary career education programs
authorized under the Carl D. Perkins Career and Applied
Technology Education Act.
``(E) Postsecondary career education programs
authorized under the Carl D. Perkins Career and Applied
Technology Education Act.
``(F) Programs and activities authorized under
title II of the Trade Act of 1974.
``(G) National Apprenticeship Act of 1937.
``(H) Programs authorized under the Community
Services Block Grant Act.
``(I) Programs authorized under the part A of title
IV of the Social Security Act.
``(J) Programs authorized under State unemployment
compensation laws (in accordance with applicable
Federal law).
``(K) Work programs authorized under section 6(o)
of the Food Stamp Act of 1977.
``(L) Programs and activities authorized title I of
the Housing and Community Development Act of 1974.
``(M) Programs and activities authorized under the
Public Workers and Economic Development Act of 1965.
``(N) Activities as defined under chapter 41 of
title 38, United States Code.'';
(3) by amending subsection (d) to read as follows:
``(d) Approval.--
``(1) Jurisdiction.--In approving a State unified plan
under this section, the Secretary shall--
``(A) submit the portion of the State unified plan
covering an activity or program described in subsection
(b)(2) to the head of the Federal agency who exercises
administrative authority over the activity or program
for the approval of such portion by such Federal agency
head; or
``(B) coordinate approval of the portion of the
State unified plan covering an activity or program
described in subsection (b)(2) with the head of the
Federal agency who exercises administrative authority
over the activity or program.
``(2) Timeline.--A State unified plan shall be considered
to be approved by the Secretary at the end of the 90-day period
beginning on the day the Secretary receives the plan, unless
the Secretary makes a written determination, during the 90-day
period, that details how the plan is not consistent with the
requirements of the Federal statute authorizing an activity or
program described in subsection (b)(2) and covered under the
plan or how the plan is not consistent with the requirements of
subsection (c)(3).''; and
(4) by adding at the end the following:
``(e) Additional Employment and Training Funds.--
``(1) Purpose.--It is the purpose of this subsection to
reduce inefficiencies in the administration of federally-funded
State and local employment and training programs.
``(2) In general.--In developing a State unified plan for
the activities or programs described in subsection (b)(2) and
subject to paragraph (4) and the State plan approval process
under subsection (d), a State may propose to consolidate the
amount, in whole or part, provided for the activities or
programs dedicated to employment and training into the
Workforce Investment Fund under section 132(b) to improve the
administration of State and local employment and training
programs.
``(3) Requirements.--A State with a State unified plan
approved under subsection (d) for purposes of consolidation
under paragraph (2) and that is carrying out such consolidation
shall--
``(A) continue to meet the program requirements,
limitations, and prohibitions of any Federal statute
authorizing the activity or program consolidated into
the Workforce Investment Fund;
``(B) meet the intent and purpose of the activity
or program consolidated into the Workforce Investment
Fund; and
``(C) continue to make reservations and allotments
under subsections (a) and (b) of section 133.
``(4) Exceptions.--A State may not consolidate funds under
paragraph (2) that are allocated to the State under--
``(A) the Carl D. Perkins Career and Technical
Education Act of 2006; or
``(B) the Rehabilitation Act of 1973.''.
TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
SEC. 201. AMENDMENT.
Title II (20 U.S.C. 2901 et seq.) is amended to read as follows:
``TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Adult Education and Family
Literacy Education Act'.
``SEC. 202. PURPOSE.
``It is the purpose of this title to provide instructional
opportunities for adults seeking to improve their literacy skills,
including their basic reading, writing, speaking, and math skills, and
support States and local communities in providing, on a voluntary
basis, adult education and family literacy education programs, in order
to--
``(1) increase the literacy of adults, including the basic
reading, writing, speaking, and math skills, to a level of
proficiency necessary for adults to obtain employment and self-
sufficiency and to successfully advance in the workforce;
``(2) assist adults in the completion of a secondary school
education (or its equivalent) and the transition to a
postsecondary educational institution;
``(3) assist adults who are parents to enable them to
support the educational development of their children and make
informed choices regarding their children's education
including, through instruction in basic reading, writing,
speaking, and math skills; and
``(4) assist adults who are not proficient in English in
improving their reading, writing, speaking, listening,
comprehension, and math skills.
``SEC. 203. DEFINITIONS.
``In this title:
``(1) Adult education and family literacy education
programs.--The term `adult education and family literacy
education programs' means a sequence of academic instruction
and educational services below the postsecondary level that
increase an individual's ability to read, write, and speak
English and perform mathematical computations leading to a
level of proficiency equivalent to at least a secondary school
completion that is provided for individuals--
``(A) who are at least 16 years of age;
``(B) who are not enrolled or required to be
enrolled in secondary school under State law; and
``(C) who--
``(i) lack sufficient mastery of basic
reading, writing, speaking, and math skills to
enable the individuals to function effectively
in society;
``(ii) do not have a secondary school
diploma or its equivalent and have not achieved
an equivalent level of education; or
``(iii) are English learners.
``(2) Eligible agency.--The term `eligible agency'--
``(A) means the primary entity or agency in a State
or an outlying area responsible for administering or
supervising policy for adult education and family
literacy education programs in the State or outlying
area, respectively, consistent with the law of the
State or outlying area, respectively; and
``(B) may be the State educational agency, the
State agency responsible for administering workforce
investment activities, or the State agency responsible
for administering community or technical colleges.
``(3) Eligible provider.--The term `eligible provider'
means an organization of demonstrated effectiveness which is--
``(A) a local educational agency;
``(B) a community-based or faith-based
organization;
``(C) a volunteer literacy organization;
``(D) an institution of higher education;
``(E) a public or private educational agency;
``(F) a library;
``(G) a public housing authority;
``(H) an institution that is not described in any
of subparagraphs (A) through (G) and has the ability to
provide adult education, basic skills, and family
literacy education programs to adults and families; or
``(I) a consortium of the agencies, organizations,
institutions, libraries, or authorities described in
any of subparagraphs (A) through (H).
``(4) English language acquisition program.--The term
`English language acquisition program' means a program of
instruction--
``(A) designed to help English learners achieve
competence in reading, writing, speaking, and
comprehension of the English language; and
``(B) that may lead to--
``(i) attainment of a secondary school
diploma or its recognized equivalent;
``(ii) transition to success in
postsecondary education and training; and
``(iii) employment or career advancement.
``(5) Family literacy education program.--The term `family
literacy education program' means an educational program that--
``(A) assists parents and students, on a voluntary
basis, in achieving the purposes of this title as
described in section 202; and
``(B) is of sufficient intensity in terms of hours
and of sufficient quality to make sustainable changes
in a family, is evidence-based, and, for the purpose of
substantially increasing the ability of parents and
children to read, write, and speak English,
integrates--
``(i) interactive literacy activities
between parents and their children;
``(ii) training for parents regarding how
to be the primary teacher for their children
and full partners in the education of their
children;
``(iii) parent literacy training that leads
to economic self-sufficiency; and
``(iv) an age-appropriate education to
prepare children for success in school and life
experiences.
``(6) Governor.--The term `Governor' means the chief
executive officer of a State or outlying area.
``(7) Individual with a disability.--
``(A) In general.--The term `individual with a
disability' means an individual with any disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990).
``(B) Individuals with disabilities.--The term
`individuals with disabilities' means more than one
individual with a disability.
``(8) English learner.--The term `English learner' means an
adult or out-of-school youth who has limited ability in
reading, writing, speaking, or understanding 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.
``(9) Integrated education and training.--The term
`integrated education and training' means services that provide
adult education and literacy activities contextually and
concurrently with workforce preparation activities and
workforce training for a specific occupation or occupational
cluster. Such services may include offering adult education
services concurrent with postsecondary education and training,
including through co-instruction.
``(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.
``(11) Literacy.--The term `literacy' means an individual's
ability to read, write, and speak in English, compute, and
solve problems at a level of proficiency necessary to obtain
employment and to successfully make the transition to
postsecondary education.
``(12) 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.
``(13) Outlying area.--The term `outlying area' has the
meaning given the term in section 101 of this Act.
``(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 community college; 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) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(17) State educational agency.--The term `State
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
``(18) Workplace literacy program.--The term `workplace
literacy program' means an educational program that is offered
in collaboration between eligible providers and employers or
employee organizations for the purpose of improving the
productivity of the workforce through the improvement of
reading, writing, speaking, and math skills.
``SEC. 204. HOME SCHOOLS.
``Nothing in this title shall be construed to affect home schools,
whether or not a home school is treated as a home school or a private
school under State law, or to compel a parent engaged in home schooling
to participate in adult education and family literacy education
activities under this title.
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title,
$606,294,933 for fiscal years 2014 and for each of the 6 succeeding
fiscal years.
``Subtitle A--Federal Provisions
``SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES;
ALLOTMENTS.
``(a) Reservation of Funds.--From the sums appropriated under
section 205 for a fiscal year, the Secretary shall reserve 2.0 percent
to carry out section 242.
``(b) Grants to Eligible Agencies.--
``(1) In general.--From the sums appropriated under section
205 and not reserved under subsection (a) for a fiscal year,
the Secretary shall award a grant to each eligible agency
having a State plan approved under section 224 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).
``(2) Purpose of grants.--The Secretary may award a grant
under paragraph (1) only if the eligible agency involved agrees
to expend the grant in accordance with the provisions of this
title.
``(c) Allotments.--
``(1) Initial allotments.--From the sums appropriated under
section 205 and not reserved under subsection (a) for a fiscal
year, the Secretary shall allot to each eligible agency having
a State plan approved under section 224--
``(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 sums appropriated
under section 205, 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 sums 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) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of Palau shall be eligible
to receive a grant under this title until an agreement for the
extension of United States education assistance under the
Compact of Free Association for the Republic of Palau becomes
effective.
``(f) Hold-Harmless Provisions.--
``(1) In general.--Notwithstanding subsection (c) and
subject to paragraph (2), for--
``(A) fiscal year 2014, no eligible agency shall
receive an allotment under this title that is less than
90 percent of the allotment the eligible agency
received for fiscal year 2012 under this title; and
``(B) fiscal year 2015 and each succeeding fiscal
year, no eligible agency shall receive an allotment
under this title that is less than 90 percent of the
allotment the eligible agency received for the
preceding fiscal year under this title.
``(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
ratable 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 under this title are subject
to the performance accountability provisions described in paragraph
(2)(A) and (3) of section 136(b) and may, at a State's discretion,
include additional indicators identified in the State plan approved
under section 224.
``Subtitle B--State Provisions
``SEC. 221. STATE ADMINISTRATION.
``Each eligible agency shall be responsible for the following
activities under this title:
``(1) The development, submission, implementation, and
monitoring of the State plan.
``(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.
``(3) Coordination and avoidance of duplication 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 this title for a fiscal year--
``(1) shall use an amount 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 10 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 $65,000, 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 family literacy education
programs 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 family literacy
education programs 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 family literacy education
programs 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 family literacy education programs in a manner
that is consistent with the purpose of this title.
``SEC. 223. STATE LEADERSHIP ACTIVITIES.
``(a) In General.--Each eligible agency may use funds made
available under section 222(a)(2) for any of the following adult
education and family literacy education programs:
``(1) The establishment or operation of professional
development programs to improve the quality of instruction
provided pursuant to local activities required under section
231(b).
``(2) The provision of technical assistance to eligible
providers of adult education and family literacy education
programs, including for the development and dissemination of
evidence based research instructional practices in reading,
writing, speaking, math, and English language acquisition
programs.
``(3) The provision of assistance to eligible providers in
developing, implementing, and reporting measurable progress in
achieving the objectives of this title.
``(4) The monitoring and evaluation of the quality of, and
the improvement in, adult education and literacy activities.
``(5) The provision of technology assistance, including
staff training, to eligible providers of adult education and
family literacy education programs, including distance
education activities, to enable the eligible providers to
improve the quality of such activities.
``(6) The development and implementation of technology
applications or distance education, including professional
development to support the use of instructional technology.
``(7) Coordination with other public programs, including
programs under title I of this Act, and other welfare-to-work,
workforce development, and job training programs.
``(8) Coordination with existing support services, such as
transportation, child care, and other assistance designed to
increase rates of enrollment in, and successful completion of,
adult education and family literacy education programs, for
adults enrolled in such activities.
``(9) The development and implementation of a system to
assist in the transition from adult basic education to
postsecondary education.
``(10) Activities to promote workplace literacy programs.
``(11) Other activities of statewide significance,
including assisting eligible providers in achieving progress in
improving the skill levels of adults who participate in
programs under this title.
``(12) Integration of literacy, instructional, and
occupational skill training and promotion of linkages with
employees.
``(b) Coordination.--In carrying out this section, eligible
agencies shall coordinate 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.
``(a) 3-Year Plans.--
``(1) In general.--Each eligible agency desiring a grant
under this title for any fiscal year shall submit to, or have
on file with, the Secretary a 3-year State plan.
``(2) State unified plan.--The eligible agency may submit
the State plan as part of a State unified plan described in
section 501.
``(b) Plan Contents.--The eligible agency shall include in the
State plan or any revisions to the State plan--
``(1) an objective assessment of the needs of individuals
in the State or outlying area for adult education and family
literacy education programs, including individuals most in need
or hardest to serve;
``(2) a description of the adult education and family
literacy education programs that will be carried out with funds
received under this title;
``(3) an assurance that the funds received under this title
will not be expended for any purpose other than for activities
under this title;
``(4) a description of how the eligible agency will
annually evaluate and measure the effectiveness and improvement
of the adult education and family literacy education programs
funded under this title using the indicators of performance
described in section 136, including how the eligible agency
will conduct such annual evaluations and measures for each
grant received under this title;
``(5) a description of how the eligible agency will fund
local activities in accordance with the measurable goals
described in section 231(d);
``(6) an assurance that the eligible agency will expend the
funds under this title only in a manner consistent with fiscal
requirements in section 241;
``(7) a description of the process that will be used for
public participation and comment with respect to the State
plan, which--
``(A) shall include consultation with the State
workforce investment board, the State board responsible
for administering community or technical colleges, the
Governor, the State educational agency, the State board
or agency responsible for administering block grants
for temporary assistance to needy families under title
IV of the Social Security Act, the State council on
disabilities, the State vocational rehabilitation
agency, and other State agencies that promote the
improvement of adult education and family literacy
education programs, and direct providers of such
programs; and
``(B) may include consultation with the State
agency on higher education, institutions responsible
for professional development of adult education and
family literacy education programs instructors,
representatives of business and industry, refugee
assistance programs, and faith-based organizations;
``(8) a description of the eligible agency's strategies for
serving populations that include, at a minimum--
``(A) low-income individuals;
``(B) individuals with disabilities;
``(C) the unemployed;
``(D) the underemployed; and
``(E) individuals with multiple barriers to
educational enhancement, including English learners;
``(9) a description of how the adult education and family
literacy education programs that will be carried out with any
funds received under this title will be integrated with other
adult education, career development, and employment and
training activities in the State or outlying area served by the
eligible agency;
``(10) a description of the steps the eligible agency will
take to ensure direct and equitable access, as required in
section 231(c)(1), including--
``(A) how the State will build the capacity of
community-based and faith-based organizations to
provide adult education and family literacy education
programs; and
``(B) how the State will increase the participation
of business and industry in adult education and family
literacy education programs;
``(11) an assessment of the adequacy of the system of the
State or outlying area to ensure teacher quality and a
description of how the State or outlying area will use funds
received under this subtitle to improve teacher quality,
including evidence-based professional development to improve
instruction; and
``(12) a description of how the eligible agency will
consult with any State agency responsible for postsecondary
education to develop adult education that prepares students to
enter postsecondary education without the need for remediation
upon completion of secondary school equivalency programs.
``(c) Plan Revisions.--When changes in conditions or other factors
require substantial revisions to an approved State plan, the eligible
agency shall submit the revisions of the State plan to the Secretary.
``(d) Consultation.--The eligible agency shall--
``(1) submit the State plan, and any revisions to the State
plan, to the Governor, the chief State school officer, or the
State officer responsible for administering community or
technical colleges, or outlying area for review and comment;
and
``(2) ensure that any comments regarding the State plan by
the Governor, the chief State school officer, or the State
officer responsible for administering community or technical
colleges, and any revision to the State plan, are submitted to
the Secretary.
``(e) Plan Approval.--The Secretary shall--
``(1) approve a State plan within 90 days after receiving
the plan unless the Secretary makes a written determination
within 30 days after receiving the plan that the plan does not
meet the requirements of this section or is inconsistent with
specific provisions of this subtitle; and
``(2) not finally disapprove of a State plan before
offering the eligible agency the opportunity, prior to the
expiration of the 30-day period beginning on the date on which
the eligible agency received the written determination
described in paragraph (3), to review the plan and providing
technical assistance in order to assist the eligible agency in
meeting the requirements of this subtitle.
``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) basic skills education;
``(2) special education programs as determined by the
eligible agency;
``(3) reading, writing, speaking, and math programs;
``(4) secondary school credit or diploma programs or their
recognized equivalent; and
``(5) integrated education and training.
``(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) Definitions.--For purposes of 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 multi-year grants
or contracts, on a competitive basis, to eligible providers within the
State or outlying area that meet the conditions and requirements of
this title to enable the eligible providers to develop, implement, and
improve adult education and family literacy education programs within
the State.
``(b) Local Activities.--The eligible agency shall require eligible
providers receiving a grant or contract under subsection (a) to
establish or operate--
``(1) programs that provide adult education and literacy
activities;
``(2) programs that provide integrated employment and
training activities; or
``(3) credit-bearing postsecondary coursework.
``(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 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) Measurable Goals.--The eligible agency shall require eligible
providers receiving a grant or contract under subsection (a) to
demonstrate--
``(1) the eligible provider's measurable goals for
participant outcomes to be achieved annually on the core
indicators of performance described in section 136(b)(2)(A);
``(2) the past effectiveness of the eligible provider in
improving the basic academic skills of adults and, for eligible
providers receiving grants in the prior year, the success of
the eligible provider receiving funding under this title in
exceeding its performance goals in the prior year;
``(3) the commitment of the eligible provider to serve
individuals in the community who are the most in need of basic
academic skills instruction services, including individuals
with disabilities and individuals who are low-income or have
minimal reading, writing, speaking, and math skills, or are
English learners;
``(4) the program is of sufficient intensity and quality
for participants to achieve substantial learning gains;
``(5) educational practices are evidence-based;
``(6) the activities of the eligible provider effectively
employ advances in technology, and delivery systems including
distance education;
``(7) the activities provide instruction in real-life
contexts, including integrated education and training when
appropriate, to ensure that an individual has the skills needed
to compete in the workplace and exercise the rights and
responsibilities of citizenship;
``(8) the activities are staffed by well-trained
instructors, counselors, and administrators who meet minimum
qualifications established by the State;
``(9) the activities are coordinated with other available
resources in the community, such as through strong links with
elementary schools and secondary schools, postsecondary
educational institutions, local workforce investment boards,
one-stop centers, job training programs, community-based and
faith-based organizations, and social service agencies;
``(10) the activities offer flexible schedules and support
services (such as child care and transportation) that are
necessary to enable individuals, including individuals with
disabilities or other special needs, to attend and complete
programs;
``(11) the activities include a high-quality information
management system that has the capacity to report measurable
participant outcomes (consistent with section 136) and to
monitor program performance;
``(12) the local communities have a demonstrated need for
additional English language acquisition programs, and
integrated education and training programs;
``(13) the capacity of the eligible provider to produce
valid information on performance results, including enrollments
and measurable participant outcomes;
``(14) adult education and family literacy education
programs offer rigorous reading, writing, speaking, and math
content that are evidence based; and
``(15) applications of technology, and services to be
provided by the eligible providers, are of sufficient intensity
and duration to increase the amount and quality of learning and
lead to measurable learning gains within specified time
periods.
``(e) Special Rule.--Eligible providers may use grant funds under
this title to serve children participating in family literacy programs
assisted under this part, provided that other sources of funds
available to provide similar services for such children are used first.
``SEC. 232. LOCAL APPLICATION.
``Each eligible provider desiring a grant or contract under this
title 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 family
literacy education programs; and
``(3) each of the demonstrations required by section
231(d).
``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) at least 95 percent shall be expended for carrying
out adult education and family literacy education programs; and
``(2) the remaining amount shall be used for planning,
administration, personnel and professional development,
development of measurable goals in reading, writing, speaking,
and math, and interagency coordination.
``(b) Special Rule.--In cases where the cost limits described in
subsection (a) are too restrictive to allow for adequate planning,
administration, personnel development, and interagency coordination,
the eligible provider may 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.
``Funds made available for adult education and family literacy
education programs under this title shall supplement and not supplant
other State or local public funds expended for adult education and
family literacy education programs.
``SEC. 242. NATIONAL ACTIVITIES.
``The Secretary shall establish and carry out a program of national
activities that may include the following:
``(1) Providing technical assistance to eligible entities,
on request, to--
``(A) improve their fiscal management, research-
based instruction, and reporting requirements to carry
out the requirements of this title;
``(B) improve its performance on the core
indicators of performance described in section 136;
``(C) provide adult education professional
development; and
``(D) use distance education and improve the
application of technology in the classroom, including
instruction in English language acquisition for English
learners.
``(2) Providing for the conduct of research on national
literacy basic skill acquisition levels among adults, including
the number of adult English learners functioning at different
levels of reading proficiency.
``(3) Improving the coordination, efficiency, and
effectiveness of adult education and workforce development
services at the national, State, and local levels.
``(4) Determining how participation in adult education,
English language acquisition, and family literacy education
programs prepares individuals for entry into and success in
postsecondary education and employment, and in the case of
prison-based services, the effect on recidivism.
``(5) Evaluating how different types of providers,
including community and faith-based organizations or private
for-profit agencies measurably improve the skills of
participants in adult education, English language acquisition,
and family literacy education programs.
``(6) Identifying model integrated basic and workplace
skills education programs, including programs for English
learners coordinated literacy and employment services, and
effective strategies for serving adults with disabilities.
``(7) Initiating other activities designed to improve the
measurable quality and effectiveness of adult education,
English language acquisition, and family literacy education
programs nationwide.''.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended by amending
section 15 to read as follows:
``SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
``(a) System Content.--
``(1) In general.--The Secretary of Labor, in accordance
with the provisions of this section, shall oversee the
development, maintenance, and continuous improvement of a
nationwide workforce and labor market information system that
includes--
``(A) statistical data from cooperative statistical
survey and projection programs and data from
administrative reporting systems that, taken together,
enumerate, estimate, and project employment
opportunities and conditions at national, State, and
local levels in a timely manner, including statistics
on--
``(i) employment and unemployment status of
national, State, and local populations,
including self-employed, part-time, and
seasonal workers;
``(ii) industrial distribution of
occupations, as well as current and projected
employment opportunities, wages, benefits
(where data is available), and skill trends by
occupation and industry, with particular
attention paid to State and local conditions;
``(iii) the incidence of, industrial and
geographical location of, and number of workers
displaced by, permanent layoffs and plant
closings; and
``(iv) employment and earnings information
maintained in a longitudinal manner to be used
for research and program evaluation;
``(B) information on State and local employment
opportunities, and other appropriate statistical data
related to labor market dynamics, which--
``(i) shall be current and comprehensive;
``(ii) shall meet the needs identified
through the consultations described in
subparagraphs (A) and (B) of subsection (e)(2);
and
``(iii) shall meet the needs for the
information identified in section 121;
``(C) technical standards (which the Secretary
shall publish annually) for data and information
described in subparagraphs (A) and (B) that, at a
minimum, meet the criteria of chapter 35 of title 44,
United States Code;
``(D) procedures to ensure compatibility and
additivity of the data and information described in
subparagraphs (A) and (B) from national, State, and
local levels;
``(E) procedures to support standardization and
aggregation of data from administrative reporting
systems described in subparagraph (A) of employment-
related programs;
``(F) analysis of data and information described in
subparagraphs (A) and (B) for uses such as--
``(i) national, State, and local
policymaking;
``(ii) implementation of Federal policies
(including allocation formulas);
``(iii) program planning and evaluation;
and
``(iv) researching labor market dynamics;
``(G) wide dissemination of such data, information,
and analysis in a user-friendly manner and voluntary
technical standards for dissemination mechanisms; and
``(H) programs of--
``(i) training for effective data
dissemination;
``(ii) research and demonstration; and
``(iii) programs and technical assistance.
``(2) Information to be confidential.--
``(A) In general.--No officer or employee of the
Federal Government or agent of the Federal Government
may--
``(i) use any submission that is furnished
for exclusively statistical purposes under the
provisions of this section for any purpose
other than the statistical purposes for which
the submission is furnished;
``(ii) disclose to the public any
publication or media transmittal of the data
contained in the submission described in clause
(i) that permits information concerning an
individual subject to be reasonably inferred by
either direct or indirect means; or
``(iii) permit anyone other than a sworn
officer, employee, or agent of any Federal
department or agency, or a contractor
(including an employee of a contractor) of such
department or agency, to examine an individual
submission described in clause (i),
without the consent of the individual, agency, or other
person who is the subject of the submission or provides
that submission.
``(B) Immunity from legal process.--Any submission
(including any data derived from the submission) that
is collected and retained by a Federal department or
agency, or an officer, employee, agent, or contractor
of such a department or agency, for exclusively
statistical purposes under this section shall be immune
from the legal process and shall not, without the
consent of the individual, agency, or other person who
is the subject of the submission or provides that
submission, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
``(C) Rule of construction.--Nothing in this
section shall be construed to provide immunity from the
legal process for such submission (including any data
derived from the submission) if the submission is in
the possession of any person, agency, or entity other
than the Federal Government or an officer, employee,
agent, or contractor of the Federal Government, or if
the submission is independently collected, retained, or
produced for purposes other than the purposes of this
Act.
``(b) System Responsibilities.--
``(1) In general.--The workforce and labor market
information system described in subsection (a) shall be
planned, administered, overseen, and evaluated through a
cooperative governance structure involving the Federal
Government and States.
``(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 all statistical and administrative data
collected is consistent with appropriate Bureau of
Labor Statistics standards and definitions.
``(B) Actively seek the cooperation 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) Eliminate gaps and duplication in statistical
undertakings, with the systemization of wage surveys as
an early priority.
``(D) In collaboration with the Bureau of Labor
Statistics and 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).
``(E) Establish procedures for the system to ensure
that--
``(i) such data and information are timely;
``(ii) paperwork and reporting for the
system are reduced to a minimum; and
``(iii) States and localities are fully
involved in the development and continuous
improvement of the system at all levels.
``(c) National Electronic Tools To Provide Services.--The Secretary
is authorized to assist in the development of national electronic tools
that may be used to facilitate the delivery of work ready services
described in section 134(c)(2) and to provide workforce information to
individuals through the one-stop delivery systems described in section
121 and through other appropriate delivery systems.
``(d) Coordination With the States.--
``(1) In general.--The Secretary, working through the
Bureau of Labor Statistics and the Employment and Training
Administration, shall regularly consult with representatives of
State agencies carrying out workforce information activities
regarding strategies for improving the workforce and labor
market information system.
``(2) Formal consultations.--At least twice each year, the
Secretary, working through the Bureau of Labor Statistics,
shall conduct formal consultations regarding programs carried
out by the Bureau of Labor Statistics with representatives of
each of the Federal regions of the Bureau of Labor Statistics,
elected (pursuant to a process established by the Secretary)
from the State directors affiliated with State agencies that
perform the duties described in subsection (e)(2).
``(e) State Responsibilities.--
``(1) In general.--In order to receive Federal financial
assistance under this section, the Governor of a State shall--
``(A) be responsible for the management of the
portions of the workforce and labor market information
system described in subsection (a) that comprise a
statewide workforce and labor market information system
and for the State's participation in the development of
the annual plan;
``(B) establish a process for the oversight of such
system;
``(C) consult with State and local employers,
participants, and local workforce investment boards
about the labor market relevance of the data to be
collected and disseminated through the statewide
workforce and labor market information system;
``(D) consult with State educational agencies and
local educational agencies concerning the provision of
employment statistics in order to meet the needs of
secondary school and postsecondary school students who
seek such information;
``(E) collect and disseminate for the system, on
behalf of the State and localities in the State, the
information and data described in subparagraphs (A) and
(B) of subsection (a)(1);
``(F) maintain and continuously improve the
statewide workforce and labor market information system
in accordance with this section;
``(G) perform contract and grant responsibilities
for data collection, analysis, and dissemination for
such system;
``(H) conduct such other data collection, analysis,
and dissemination activities as will ensure an
effective statewide workforce and labor market
information system;
``(I) actively seek the participation of other
State and local agencies in data collection, analysis,
and dissemination activities in order to ensure
complementarity, compatibility, and usefulness of data;
``(J) participate in the development of the annual
plan described in subsection (c); and
``(K) utilize the quarterly records described in
section 136(f)(2) to assist the State and other States
in measuring State progress on State performance
measures.
``(2) Rule of construction.--Nothing in this section shall
be construed as limiting the ability of a Governor to conduct
additional data collection, analysis, and dissemination
activities with State funds or with Federal funds from sources
other than this section.
``(f) Nonduplication Requirement.--None of the functions and
activities carried out pursuant to this section shall duplicate the
functions and activities carried out under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $63,473,000 for fiscal year 2014
and each of the 6 succeeding fiscal years.
``(h) Definition.--In this section, the term `local area' means the
smallest geographical area for which data can be produced with
statistical reliability.''.
TITLE IV--REPEALS AND CONFORMING AMENDMENTS
SEC. 401. REPEALS.
The following provisions are repealed:
(1) Chapter 4 of subtitle B of title I, and sections 123,
155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502,
503, and 506 of the Workforce Investment Act of 1998, as in
effect on the day before the date of enactment of the SKILLS
Act.
(2) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(3) Sections 1 through 14 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.).
(4) Twenty-First Century Workforce Commission Act (29
U.S.C. 2701 note).
(5) Public Law 91-378, 16 U.S.C. 1701 et seq. (popularly
known as the ``Youth Conservation Corps Act of 1970'').
(6) Section 821 of the Higher Education Amendments of 1998
(20 U.S.C. 1151) (Grants to States for workplace and community
transition training for incarcerated individuals).
(7) The Women in Apprenticeship and Nontraditional
Occupations Act (29 U.S.C. 2501 et seq.).
(8) Sections 4103A and 4104 of title 38, United States
Code.
SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.
Section 104(k)(6) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by
striking ``, training,''.
SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008.
(a) Definition.--Section 3(t) of the Food and Nutrition Act of 2008
(7 U.S.C. 2012(t)) is amended--
(1) by striking ``and (2)'' and inserting ``(2)'', and
(2) by inserting before the period at the end the
following:
``, and (3) when referencing employment and training activities
under section 6(d)(4), a State board as defined in section 101
of the Workforce Investment Act of 1998 (29 U.S.C. 2801)''.
(b) Eligible Households.--Section 5 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (d)(14) by striking ``section
6(d)(4)(I)'' and inserting ``section 6(d)(4)(C)'', and
(2) in subsection (g)(3) by striking ``constitutes adequate
participation in an employment and training program under
section 6(d)'' and inserting ``allows the individual to
participate in employment and training activities under section
6(d)(4)''.
(c) Eligibility Disqualifications.--Section 6(d)(4) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as
follows:
``(4) Employment and training.--
``(A) Implementation.--Each State agency shall
provide employment and training services authorized
under section 134 of the Workforce Investment Act of
1998 (29 U.S.C. 2864) to eligible members of households
participating in the supplemental nutrition assistance
program in gaining skills, training, work, or
experience that will increase their ability to obtain
regular employment.
``(B) Statewide workforce development system.--
Consistent with subparagraph (A), employment and
training services shall be provided through the
statewide workforce development system, including the
One-Stop delivery system, authorized by the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.).
``(C) Reimbursements.--
``(i) Actual costs.--The State agency shall
provide payments or reimbursement to
participants served under this paragraph for--
``(I) the actual costs of
transportation and other actual costs
(other than dependent care costs) that
are reasonably necessary and directly
related to the individual participating
in employment and training activities;
and
``(II) the actual costs of such
dependent care expenses that are
determined by the State agency to be
necessary for the individual to
participate in employment and training
activities (other than an individual
who is the caretaker relative of a
dependent in a family receiving
benefits under part A of title IV of
the Social Security Act (42 U.S.C. 601
et seq.) in a local area where an
employment, training, or education
program under title IV of such Act is
in operation), except that no such
payment or reimbursement shall exceed
the applicable local market rate.
``(ii) Service contracts and vouchers.--In
lieu of providing reimbursements or payments
for dependent care expenses under clause (i), a
State agency may, at its option, arrange for
dependent care through providers by the use of
purchase of service contracts or vouchers or by
providing vouchers to the household.
``(iii) Value of reimbursements.--The value
of any dependent care services provided for or
arranged under clause (ii), or any amount
received as a payment or reimbursement under
clause (i), shall--
``(I) not be treated as income for
the purposes of any other Federal or
federally assisted program that bases
eligibility for, or the amount of
benefits on, need; and
``(II) not be claimed as an
employment-related expense for the
purposes of the credit provided under
section 21 of the Internal Revenue Code
of 1986 (26 U.S.C. 21).''.
(d) Administration.--Section 11(e)(19) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2020(e)(11) is amended to read as follows:
``(19) the plans of the State agency for providing
employment and training services under section 6(d)(4);''.
(e) Administrative Cost-Sharing and Quality Control.--Section 16(h)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``carry out
employment and training programs'' and inserting
``provide employment and training services to eligible
households under section 6(d)(4)'', and
(B) in subparagraph (D) by striking ``operating an
employment and training program'' and inserting
``providing employment and training services consistent
with section 6(d)(4)'',
(2) in paragraph (3) by striking ``related to participation
in an employment and training program'' and inserting ``the
individual participating in employment and training
activities'',
(3) in paragraph (4) by striking ``for operating an
employment and training program'' and inserting ``to provide
employment and training services'', and
(4) by amending paragraph (5) to read as follows:
``(5) Monitoring.--The Secretary, in conjunction with the
Secretary of Labor, shall monitor each State agency responsible
for administering employment and training services under
section 6(d)(4) to ensure funds are being spent effectively and
efficiently. Each program of employment and training receiving
funds under section 6(d)(4) shall be subject to the
requirements of the performance accountability system,
including having to meet the state performance measures
included in section 136 of the Workforce Investment Act (29
U.S.C. 2871).''.
(f) Research, Demonstration, and Evaluations.--Section 17 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended--
(1) in subsection (b) by striking paragraph (3), and
(2) in subsection (g)--
(A) by inserting ``, in conjunction with the
Secretary of Labor,'' after ``Secretary'', and
(B) by striking ``programs established'' and
inserting ``activities provided to eligible
households''.
(g) Minnesota Family Investment Project.--Section 22(b)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by
striking ``equivalent to those offered under the employment and
training program''.
SEC. 404. AMENDMENTS TO SECTION 412 OF THE IMMIGRATION AND NATIONALITY
ACT.
(a) Conditions and Considerations.--Section 412(a) of the
Immigration and Nationality Act (8 U.S.C. 1522(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking ``make
available sufficient resources for employment training
and placement'' and inserting ``provide refugees with
the opportunity to access employment and training
services, including job placement,''; and
(B) in subparagraph (B)(ii), by striking
``services;'' and inserting ``services provided through
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);'';
(2) in paragraph (2)(C)(iii)(II), by inserting ``and
training'' after ``employment'';
(3) in paragraph (6)(A)(ii)--
(A) by striking ``insure'' and inserting
``ensure'';
(B) by inserting ``and training'' after
``employment''; and
(C) by inserting after ``available'' the following:
``through the one-stop delivery system under section
121 of the Workforce Investment Act of 1998 (29 U.S.C.
2841)''; and
(4) in paragraph (9), by inserting ``the Secretary of
Labor,'' after ``Education,''.
(b) Program of Initial Resettlement.--Section 412(b)(2) of such Act
(8 U.S.C. 1522(b)(2)) is amended--
(1) by striking ``orientation, instruction'' and inserting
``orientation and instruction''; and
(2) by striking ``, and job training for refugees, and such
other education and training of refugees, as facilitates'' and
inserting ``for refugees to facilitate''.
(c) Project Grants and Contracts for Services for Refugees.--
Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``and
training'' after ``employment''; and
(B) by striking subparagraph (C);
(2) in paragraph (2)(B), by striking ``paragraph--'' and
all that follows through ``in a manner'' and inserting
``paragraph in a manner''; and
(3) by adding at the end the following:
``(3) In carrying out this section, the Director shall ensure that
employment and training services are provided through the statewide
workforce development system, as appropriate, authorized by the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). Such action
may include--
``(A) making employment and training services as described
under section 134 of such Act (29 U.S.C. 2864) available to
refugees; and
``(B) providing refugees with access to a one-stop delivery
system under section 121 of such Act (29 U.S.C. 2841).''.
(d) Cash Assistance and Medical Assistance to Refugees.--Section
412(e) of such Act (8 U.S.C. 1522(e)) is amended--
(1) in paragraph (2)(A)(i), by inserting ``and training''
after ``providing employment''; and
(2) in paragraph (3), by striking ``The'' and inserting
``Consistent with subsection (c)(3), the''.
SEC. 405. AMENDMENTS RELATING TO THE SECOND CHANCE ACT OF 2007.
(a) Federal Prisoner Reentry Initiative.--Section 231 of the Second
Chance Act of 2007 (42 U.S.C. 17541) is amended--
(1) in subsection (a)(1)(E)--
(A) by inserting ``the Department of Labor and''
before ``other Federal agencies''; and
(B) by inserting ``State and local workforce
investment boards,'' after ``community-based
organizations,'';
(2) in subsection (c)--
(A) in paragraph (2), by striking at the end
``and'';
(B) in paragraph (3), by striking at the end the
period and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) to coordinate reentry programs with the employment
and training services provided through the statewide workforce
investment system under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.).''; and
(3) in subsection (d), by adding at the end the following
new paragraph:
``(6) Interaction with the workforce investment system.--
``(A) In general.--In carrying out this section,
the Director shall ensure that employment and training
services, including such employment and services
offered through reentry programs, are provided, as
appropriate, through the statewide workforce investment
system under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.). Such
action may include--
``(i) making employment and training
services available to prisoners prior to and
immediately following the release of such
prisoners; or
``(ii) providing prisoners with access by
remote means to a one-stop delivery system
under section 121 of the Workforce Investment
Act of 1998 (29 U.S.C. 2841) in the State in
which the prison involved is located.
``(B) Service defined.--In this paragraph, the term
`employment and training services' means those services
described in section 134 of the Workforce Investment
Act of 1998 (29 U.S.C. 2864) offered by the Bureau of
Prisons, including--
``(i) the skills assessment described in
subsection (a)(1)(A);
``(ii) the skills development plan
described in subsection (a)(1)(B); and
``(iii) the enhancement, development, and
implementation of reentry and skills
development programs.''.
(b) Duties of the Bureau of Prisons.--Section 4042(a)(5)(E) of
title 18, United States Code, is amended--
(1) in clause (ii), by striking ``Employment'' and
inserting ``Employment and training services (as defined in
paragraph (6) of section 231(d) of the Second Chance Act of
2007), including basic skills attainment, consistent with such
paragraph'';
(2) by striking clause (iii); and
(3) by redesignating clauses (iv), (v), (vi), and (vii) as
clauses (iii), (iv), (v), and (vi), respectively.
SEC. 406. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968.
Section 2976 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``vocational''
and inserting ``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
training'';
(B) by redesignating each of paragraphs (4) through
(7) as paragraphs (5) through (8), respectively; and
(C) by inserting after paragraph (3) the following
new paragraph:
``(4) coordinating employment and training services
provided through the statewide workforce investment system
under subtitle B of title I of the Workforce Investment Act of
1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery
system under section 121 of such Act (29 U.S.C. 2841), for
offenders upon release from prison, jail, or a juvenile
facility, as appropriate;'';
(2) in subsection (d)(2), by inserting ``, including local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998 (29 U.S.C. 2832),'' after
``nonprofit organizations'';
(3) in subsection (e)--
(A) in paragraph (3), by striking ``victims
services, and employment services'' and inserting ``and
victim services'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following
new paragraph:
``(4) provides employment and training services through the
statewide workforce investment system under subtitle B of title
I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.), including a one-stop delivery system under section 121
of such Act (29 U.S.C. 2841); and'';
(4) in subsection (k)--
(A) in paragraph (1)(A), by inserting ``, in
accordance with paragraph (2)'' after ``under this
section'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Employment and training.--The Attorney General shall
require each grantee under this section to measure the core
indicators of performance as described in section 136(b)(2)(A)
of the Workforce Investment Act of 1998 (29 U.S.C.
2871(b)(2)(A)) with respect to the program of such grantee
funded with a grant under this section.''.
SEC. 407. CONFORMING AMENDMENTS TO THE UNITED STATES CODE.
Title 38, United States Code, is amended--
(1) by striking the item relating to section 4103A and
section 4104 in the table of sections at the beginning of
chapter 41 of such title;
(2) in section 4102A--
(A) in subsection (b)--
(i) by striking paragraphs (5), (6), and
(7);
(ii) by redesignating paragraph (8) as
paragraph (5);
(B) by striking subsections (c) and (h);
(C) by redesignating subsections (d), (e), (f), and
(g) as subsections (c), (d), (e), and (f);
(D) in subsection (e)(1) (as so redesignated)--
(i) by striking ``, including disabled
veterans' outreach program specialists and
local veterans' employment representatives
providing employment, training, and placement
services under this chapter in a State''; and
(ii) by striking ``for purposes of
subsection (c)''.
(3) in section 4109(a), by striking ``disabled veterans'
outreach program specialists and local veterans' employment
representative'' and inserting ``veteran employment specialists
appointed under section 134(f) of the Workforce Investment Act
of 1998'';
(4) in section 4109(d)(1), by striking ``disabled veterans'
outreach program specialists and local veterans' employment
representatives'' and inserting ``veteran employment
specialists appointed under section 134(f) of the Workforce
Investment Act of 1998'';
(5) in section 4112(d)--
(A) in paragraph (1), by striking ``disabled
veterans' outreach program specialist'' and inserting
``veteran employment specialist appointed under section
134(f) of the Workforce Investment Act of 1998''; and
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(6) in section 3672(d)(1), by striking ``disabled veterans'
outreach program specialists under section 4103A'' and
inserting ``veteran employment specialists appointed under
section 134(f) of the Workforce Investment Act of 1998''; and
(7) in section 4104A--
(A) in subsection (b)(1), by striking subparagraph
(A) and inserting the following:
``(A) the appropriate veteran employment specialist
(in carrying out the functions described in section
134(f) of the Workforce Investment Act of 1998);''; and
(B) in subsection (c)(1), by striking subparagraph
(A) and inserting the following:
``(A) collaborate with the appropriate veteran
employment specialist (as described in section 134(f))
and 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));''.
SEC. 408. CONFORMING AMENDMENT TO TABLE OF CONTENTS.
The table of contents in section 1(b) is amended to read as
follows:
``Sec. 1. Short title; table of contents.
``TITLE I--WORKFORCE INVESTMENT SYSTEMS
``Subtitle A--Workforce Investment Definitions
``Sec. 101. Definitions.
``Subtitle B--Statewide and Local Workforce Investment Systems
``Sec. 106. Purpose.
``Chapter 1--State Provisions
``Sec. 111. State workforce investment boards.
``Sec. 112. State plan.
``Chapter 2--Local Provisions
``Sec. 116. Local workforce investment areas.
``Sec. 117. Local workforce investment boards.
``Sec. 118. Local plan.
``Chapter 3--Workforce Investment Activities Providers
``Sec. 121. Establishment of one-stop delivery systems.
``Sec. 122. Identification of eligible providers of training services.
``Sec. 123. [Repealed].
``Chapter 4--[Repealed]
``Chapter 5--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 6--General Provisions
``Sec. 136. Performance accountability system.
``Sec. 137. 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. [Repealed].
``Sec. 156. Technical assistance to centers.
``Sec. 157. Application of provisions of Federal law.
``Sec. 158. Special provisions.
``Sec. 159. Performance accountability and management.
``Sec. 160. General provisions.
``Sec. 161. Authorization of appropriations.
``Subtitle D--National Programs
``Sec. 166. [Repealed].
``Sec. 167. [Repealed].
``Sec. 168. [Repealed].
``Sec. 169. [Repealed].
``Sec. 170. Technical assistance.
``Sec. 171. [Repealed].
``Sec. 172. Evaluations.
``Sec. 173. [Repealed].
``Sec. 173A. [Repealed].
``Sec. 174. [Repealed].
``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. Administrative provisions.
``Sec. 190. References.
``Sec. 191. State legislative authority.
``Sec. 192. [Repealed].
``Sec. 193. Transfer of Federal equity in State employment security
real property to the States.
``Sec. 194. [Repealed].
``Sec. 195. General program requirements.
``Sec. 196. Federal agency staff.
``Sec. 197. Restrictions on lobbying and political activities.
``Subtitle F--Repeals and Conforming Amendments
``Sec. 199. Repeals.
``Sec. 199A. Conforming amendments.
``TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
``Sec. 201. Short title.
``Sec. 202. Purpose.
``Sec. 203. Definitions.
``Sec. 204. Home schools.
``Sec. 205. 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 activities.
``TITLE III--WORKFORCE INVESTMENT-RELATED ACTIVITIES
``Subtitle A--Wagner-Peyser Act
``Sec. 301. Definitions.
``Sec. 302. Functions.
``Sec. 303. Designation of State agencies.
``Sec. 304. Appropriations.
``Sec. 305. Disposition of allotted funds.
``Sec. 306. State plans.
``Sec. 307. Repeal of Federal advisory council.
``Sec. 308. Regulations.
``Sec. 309. Employment statistics.
``Sec. 310. Technical amendments.
``Sec. 311. Effective date.
``Subtitle B--Linkages With Other Programs
``Sec. 321. Trade Act of 1974.
``Sec. 322. Veterans' employment programs.
``Sec. 323. Older Americans Act of 1965.
``Subtitle C--[Repealed]
``Subtitle D--Application of Civil Rights and Labor-Management Laws to
the Smithsonian Institution
``Sec. 341. Application of civil rights and labor-management laws to
the Smithsonian Institution.
``TITLE IV--REHABILITATION ACT AMENDMENTS OF 1998
``Sec. 401. Short title.
``Sec. 402. Title.
``Sec. 403. General provisions.
``Sec. 404. Vocational rehabilitation services.
``Sec. 405. Research and training.
``Sec. 406. Professional development and special projects and
demonstrations.
``Sec. 407. National Council on Disability.
``Sec. 408. Rights and advocacy.
``Sec. 409. Employment opportunities for individuals with disabilities.
``Sec. 410. Independent living services and centers for independent
living.
``Sec. 411. [Repealed].
``Sec. 412. Helen Keller National Center Act.
``Sec. 413. President's Committee on Employment of People With
Disabilities.
``Sec. 414. Conforming amendments.
``TITLE V--GENERAL PROVISIONS
``Sec. 501. State unified plan.
``Sec. 502. [Repealed].
``Sec. 503. [Repealed].
``Sec. 504. Privacy.
``Sec. 505. Buy-American requirements.
``Sec. 506. [Repealed].
``Sec. 507. Effective date.''.
TITLE V--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 501. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a))
is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) there is a substantial need to improve and expand
services for students with disabilities under this Act.''.
SEC. 502. REHABILITATION SERVICES ADMINISTRATION.
(a) Rehabilitation Services Administration.--The Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.) is amended--
(1) in section 3(a) (29 U.S.C. 702(a))--
(A) by striking ``Office of the Secretary'' and
inserting ``Department of Education'';
(B) by striking ``President by and with the advice
and consent of the Senate'' and inserting
``Secretary''; and
(C) by striking ``, and the Commissioner shall be
the principal officer,'';
(2) by striking ``Commissioner'' each place it appears
(except in section 21) and inserting ``Director'';
(3) in section 12(c) (29 U.S.C. 709), by striking
``Commissioner's'' and inserting ``Director's'';
(4) in the heading for subparagraph (B) of section
100(d)(2), by striking ``commissioner'' and inserting
``director'';
(5) in the heading for section 706, by striking
``commissioner'' and inserting ``director'';
(6) in the heading for paragraph (3) of section 723(a), by
striking ``commissioner'' and inserting ``director''; and
(7) in section 21 (29 U.S.C. 718)--
(A) in subsection (b)(1)--
(i) by striking ``Commissioner'' the first
place it appears and inserting ``Director of
the Rehabilitation Services Administration'';
(ii) by striking ``(referred to in this
subsection as the `Director')''; and
(iii) by striking ``The Commissioner and
the Director'' and inserting ``Both such
Directors''; and
(B) by striking ``the Commissioner and the
Director'' each place it appears and inserting ``both
such Directors''.
(b) Effective Date; Application.--The amendments made by subsection
(a) shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to the appointments of Directors of
the Rehabilitation Services Administration made on or after the
date of enactment of this Act, and the Directors so appointed.
SEC. 503. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is
amended--
(1) by redesignating paragraphs (35) through (39) as
paragraphs (36) through (40), respectively;
(2) in subparagraph (A)(ii) of paragraph (36) (as
redesignated by paragraph (1)), by striking ``paragraph
(36)(C)'' and inserting ``paragraph (37)(C)''; and
(3) by inserting after paragraph (34) the following:
``(35)(A) The term `student with a disability' means an
individual with a disability who--
``(i) is not younger than 16 and not older
than 21;
``(ii) has been determined to be eligible
under section 102(a) for assistance under this
title; and
``(iii)(I) is eligible for, and is
receiving, special education 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) The term `students with disabilities' means more than
1 student with a disability.''.
SEC. 504. STATE PLAN.
Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a))
is amended--
(1) in paragraph (10)(B) by striking ``on the eligible
individuals'' and all that follows through ``section
136(d)(2)'' and inserting ``of information necessary to assess
the State's performance on the core indicators of performance
described in section 136(b)(2)(A)'';
(2) in paragraph (11)--
(A) in subparagraph (D)(i), by inserting before the
semicolon the following: ``, which may be provided
using alternative means of meeting participation (such
as video conferences and conference calls)''; and
(B) by adding at the end the following:
``(G) Coordination with assistive technology
programs.--The State plan shall include an assurance
that the designated State unit and the lead agency or
implementing entity responsible for carrying out duties
under the Assistive Technology Act of 1998 (29 U.S.C.
3001 et seq.) have developed working relationships and
coordinate their activities.'';
(3) 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), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(IV) students with disabilities,
including their need for 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
transition services provided under this Act,
and coordinated with transition services under
the Individuals with Disabilities Education
Act, as to those services meeting the needs of
individuals with disabilities;''; and
(B) in subparagraph (D)--
(i) by redesignating clauses (iii), (iv),
and (v) as clauses (iv), (v), and (vi),
respectively; and
(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
the receipt of vocational rehabilitation
services under this title or to postsecondary
education or employment;'';
(4) in paragraph (22)--
(A) by striking ``carrying out part B of title VI,
including''; and
(B) by striking ``that part to supplement funds
made available under part B of'';
(5) in paragraph (24)(A), by striking ``part A of title
VI'' and inserting ``section 109A''; and
(6) by adding at the end the following:
``(25) Collaboration with industry.--The State plan shall
describe how the designated State agency will carry out the
provisions of section 109A, including--
``(A) the criteria such agency will use to award
grants under such section; and
``(B) how the activities carried out under such
grants will be coordinated with other services provided
under this title.
``(26) Services for students with disabilities.--The State
plan shall provide an assurance satisfactory to the Secretary
that the State--
``(A) has developed and implemented strategies to
address the needs identified in the assessment
described in paragraph (15), and achieve the goals and
priorities identified by the State, to improve and
expand vocational rehabilitation services for students
with disabilities on a statewide basis in accordance
with paragraph (15); and
``(B) from funds reserved under section 110A, shall
carry out programs or activities designed to improve
and expand vocational rehabilitation services for
students with disabilities that--
``(i) facilitate the transition of students
with disabilities from the receipt of
educational services in school, to the receipt
of vocational rehabilitation services under
this title, including, at a minimum, those
services specified in the interagency agreement
required in paragraph (11)(D);
``(ii) improve the achievement of post-
school goals of students with disabilities,
including improving the achievement through
participation (as appropriate when career goals
are discussed) in meetings regarding
individualized education programs developed
under section 614 of the Individuals with
Disabilities Education Act (20 U.S.C. 1414);
``(iii) provide career guidance, career
exploration services, job search skills and
strategies, and technical assistance to
students with disabilities;
``(iv) support the provision of training
and technical assistance to State and local
educational agencies and designated State
agency personnel responsible for the planning
and provision of services to students with
disabilities; and
``(v) support outreach activities to
students with disabilities who are eligible
for, and need, services under this title.''.
SEC. 505. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) is
amended--
(1) in subsection (a), by striking paragraph (15) and
inserting the following:
``(15) transition services for students with disabilities,
that facilitate the achievement of the employment outcome
identified in the individualized plan for employment, including
services described in clauses (i) through (iii) of section
101(a)(26)(B);'';
(2) in subsection (b), by striking paragraph (6) and
inserting the following:
``(6)(A)(i) Consultation and technical assistance services
to assist State and local educational agencies in planning for
the transition of students with disabilities from school to
post-school activities, including employment.
``(ii) Training and technical assistance described in
section 101(a)(26)(B)(iv).
``(B) Services for groups of individuals with disabilities
who meet the requirements of clauses (i) and (iii) of section
7(35)(A), including services described in clauses (i), (ii),
(iii), and (v) of section 101(a)(26)(B), to assist in the
transition from school to post-school activities.''; and
(3) in subsection (b) by inserting at the end, the
following:
``(7) 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) to
promote access to assistive technology for individuals with
disabilities and employers.''.
SEC. 506. STANDARDS AND INDICATORS.
Section 106 of the Rehabilitation Act of 1973 (29 U.S.C. 726(a)) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Standards and Indicators.--The performance standards and
indicators for the vocational rehabilitation program carried out under
this title--
``(1) shall be subject to paragraphs (2)(A) and (3) of
section 136(b) of the Workforce Investment Act of 1998; and
``(2) may, at a State's discretion, include additional
indicators identified in the State plan submitted under section
101.''; and
(2) in subsection (b)(2)(B), by striking clause (i) and
inserting the following:
``(i) 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
Director, direct the State to make revisions to
the plan to improve performance; and''.
SEC. 507. COLLABORATION WITH INDUSTRY.
The Rehabilitation Act of 1973 is amended by inserting after
section 109 (29 U.S.C. 729) the following:
``SEC. 109A. COLLABORATION WITH INDUSTRY.
``(a) Authority.--A State shall use not less than one-half of one
percent of the payment the State receives under section 111 for a
fiscal year to award grants to eligible entities to create practical
job and career readiness and training programs, and to provide job
placements and career advancement.
``(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application to a designated State
agency at such time, in such manner, and containing such information as
such agency shall require. Such application shall include, at a
minimum--
``(1) a plan for evaluating the effectiveness of the
program;
``(2) a plan for collecting and reporting the data and
information described under subparagraphs (A) through (C) of
section 101(a)(10), as determined appropriate by the designated
State agency; and
``(3) a plan for providing for the non-Federal share of the
costs of the program.
``(c) Activities.--An eligible entity receiving a grant under this
section shall use the grant funds to carry out a program that provides
one or more of the following:
``(1) Job development, job placement, and career
advancement services for individuals with disabilities.
``(2) Training in realistic work settings in order to
prepare individuals with disabilities for employment and career
advancement in the competitive market.
``(3) Providing individuals with disabilities with such
support services as may be required in order to maintain the
employment and career advancement for which the individuals
have received training.
``(d) Awards.--Grants under this section shall--
``(1) be awarded for a period not to exceed 5 years; and
``(2) be awarded competitively.
``(e) Eligible Entity Defined.--For the purposes of this section,
the term `eligible entity' means a for-profit business, alone or in
partnership with one or more of the following:
``(1) Community rehabilitation program providers.
``(2) Indian tribes.
``(3) Tribal organizations.
``(f) Federal Share.--The Federal share of a program under this
section shall not exceed 80 percent of the costs of the program.
``(g) Eligibility for Services.--An individual shall be eligible
for services provided under a program under this section if the
individual is determined under section 102(a)(1) to be eligible for
assistance under this title.''.
SEC. 508. RESERVATION FOR EXPANDED TRANSITION SERVICES.
The Rehabilitation Act of 1973 is amended by inserting after
section 110 (29 U.S.C. 730) the following:
``SEC. 110A. RESERVATION FOR EXPANDED TRANSITION SERVICES.
``Each State shall reserve not less than 10 percent of the funds
allotted to the State under section 110(a) to carry out programs and
activities under sections 101(a)(26)(B) and 103(b)(6).''.
SEC. 509. CLIENT ASSISTANCE PROGRAM.
Section 112(e)(1) of the Rehabilitation Act of 1973 (29 U.S.C.
732(e)(1)) is amended by redesignating subparagraph (D) as subparagraph
(E) and inserting after subparagraph (C) the following:
``(D) The Secretary shall make grants to the
protection and advocacy system serving the American
Indian Consortium to provide services in accordance
with this section. The amount of such grants shall be
the same as provided to territories under this
subsection.''.
SEC. 510. TITLE III AMENDMENTS.
Title III of the Rehabilitation Act of 1973 (29 U.S.C. 771 et seq.)
is amended--
(1) in section 301(a)--
(A) in paragraph (2), by inserting ``and'' at the
end;
(B) by striking paragraphs (3) and (4); and
(C) by redesignating paragraph (5) as paragraph
(3);
(2) in section 302(g)--
(A) in the heading, by striking ``And In-Service
Training''; and
(B) by striking paragraph (3);
(3) in section 303(c)--
(A) in paragraph (4)--
(i) by amending subparagraph (A)(ii) to
read as follows:
``(ii) to coordinate and work closely with
the parent training and information centers
established pursuant to section 671 of the
Individuals with Disabilities Education Act,
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; and''; and
(ii) in subparagraph (C), by inserting ``,
and demonstrate the capacity for serving,''
after ``serve''; and
(B) by adding at the end the following:
``(8) Reservation.--From the amount appropriated to carry
out this subsection for a fiscal year, 20 percent of such
amount or $500,000, whichever is less, shall be reserved to
carry out paragraph (6).'';
(4) by striking sections 304 and 305; and
(5) by redesignating section 306 as section 304.
SEC. 511. REPEAL OF TITLE VI.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended
by repealing title VI.
SEC. 512. CHAIRPERSON.
Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C.
796d(b)(5)) is amended to read as follows:
``(5) Chairperson.--The Council shall select a chairperson
from among the voting membership of the Council.''.
SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is further
amended--
(1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), by striking
``such sums as may be necessary for fiscal years 1999 through
2003'' and inserting ``$3,121,712,000 for fiscal year 2014 and
each of the 6 succeeding fiscal years'';
(2) in section 110(c) (29 U.S.C. 730(c)), by amending
paragraph (2) to read as follows:
``(2) The sum referred to in paragraph (1) shall be, as
determined by the Secretary, not less than 1 percent and not
more than 1.5 percent of the amount referred to in paragraph
(1) for each of fiscal years 2014 through 2020.'';
(3) in section 112(h) (29 U.S.C. 732(h)) by striking ``such
sums as may be necessary for fiscal years 1999 through 2003''
and inserting ``$12,240,000 for fiscal year 2014 and each of
the 6 succeeding fiscal years'';
(4) by amending subsection (a) of section 201 (29 U.S.C.
761(a)) to read as follows: ``(a) There are authorized to be
appropriated $108,817,000 for fiscal year 2014 and each of the
6 succeeding fiscal years to carry out this title.'';
(5) in section 302(i) (29 U.S.C. 772(i)) by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$35,515,000 for fiscal year 2014
and each of the 6 succeeding fiscal years'';
(6) in section 303(e) (29 U.S.C. 773(e)) by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$5,325,000 for fiscal year 2014
and each of the 6 succeeding fiscal years'';
(7) in section 405 (29 U.S.C. 785) by striking ``such sums
as may be necessary for each of the fiscal years 1999 through
2003'' and inserting ``$3,258,000 for fiscal year 2014 and each
of the 6 succeeding fiscal years'';
(8) in section 502(j) (29 U.S.C. 792(j)) by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$7,400,000 for fiscal year 2014
and each of the 6 succeeding fiscal years'';
(9) in section 509(l) (29 U.S.C. 794e(l)) by striking
``such sums as may be necessary for each of the fiscal years
1999 through 2003'' and inserting ``$18,031,000 for fiscal year
2014 and each of the 6 succeeding fiscal years'';
(10) in section 714 (29 U.S.C. 796e-3), by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$23,359,000 for fiscal year 2014
and each of the 6 succeeding fiscal years'';
(11) in section 727 (29 U.S.C. 796f-6), by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$79,953,000 for fiscal year 2014
and each of the 6 succeeding fiscal years''; and
(12) in section 753 (29 U.S.C. 7961), by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$34,018,000 for fiscal year 2014
and each of the 6 succeeding fiscal years''.
SEC. 514. CONFORMING AMENDMENTS.
Section 1(b) of the Rehabilitation Act of 1973 is amended--
(1) by inserting after the item relating to section 109 the
following:
``Sec. 109A. Collaboration with industry.'';
(2) by inserting after the item relating to section 110 the
following:
``Sec. 110A. Reservation for expanded transition services.'';
(3) by striking the item related to section 304 and
inserting the following:
``Sec. 304. Measuring of project outcomes and performance.'';
(4) by striking the items related to sections 305 and 306;
and
(5) by striking the items related to title VI.
TITLE VI--STUDIES BY THE COMPTROLLER GENERAL
SEC. 601. STUDY BY THE COMPTROLLER GENERAL ON EXHAUSTING FEDERAL PELL
GRANTS BEFORE ACCESSING WIA FUNDS.
Not later than 12 months after the date of enactment of this Act,
the Comptroller General of the United States shall complete 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 a report that--
(1) evaluates the effectiveness of subparagraph (B) of
section 134(d)(4) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on
the day before the date of enactment of this Act), including--
(A) a review of the regulations and guidance issued
by the Secretary of Labor to State and local areas on
how to comply with such subparagraph;
(B) a review of State policies to determine how
local areas are required to comply with such
subparagraph;
(C) a review of local area policies to determine
how one-stop operators are required to comply with such
subparagraph; and
(D) a review of a sampling of individuals receiving
training services under section 134(d)(4) of the
Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4))
to determine if, before receiving such training
services, such individuals have exhausted funds
received through the Federal Pell Grant program under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
(2) makes appropriate recommendations with respect to the
matters evaluated under paragraph (1).
SEC. 602. STUDY BY THE COMPTROLLER GENERAL ON ADMINISTRATIVE COST
SAVINGS.
(a) Study.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete 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 a report that--
(1) determines the amount of administrative costs at the
Federal and State levels for the most recent fiscal year for
which satisfactory data are available for--
(A) each of the programs authorized under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) or repealed under section 401 of this Act, as
such programs were in effect for such fiscal year; and
(B) each of the programs described in subparagraph
(A) that have been repealed or consolidated on or after
the date of enactment of this Act;
(2) determines the amount of administrative cost savings at
the Federal and State levels as a result of repealing and
consolidating programs by calculating the differences in the
amount of administrative costs between subparagraph (A) and
subparagraph (B) of paragraph (1); and
(3) estimates the administrative costs savings at the
Federal and State levels for a fiscal year as a result of
States consolidating funds under section 501(e) of the
Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce
inefficiencies in the administration of federally-funded State
and local employment and training programs.
(b) Definition.--For purposes of this section, the term
``administrative cost'' has the meaning given the term in section 101
of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
Passed the House of Representatives March 15, 2013.
Attest:
Clerk.
113th CONGRESS
1st Session
H. R. 803
_______________________________________________________________________
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.