[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 803 Enrolled Bill (ENR)]
H.R.803
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To amend the Workforce Investment Act of 1998 to strengthen the United
States workforce development system through innovation in, and alignment
and improvement of, employment, training, and education programs in the
United States, and to promote individual and national economic growth,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
Chapter 1--State Provisions
Sec. 101. State workforce development boards.
Sec. 102. Unified State plan.
Sec. 103. Combined State plan.
Chapter 2--Local Provisions
Sec. 106. Workforce development areas.
Sec. 107. Local workforce development boards.
Sec. 108. Local plan.
Chapter 3--Board Provisions
Sec. 111. Funding of State and local boards.
Chapter 4--Performance Accountability
Sec. 116. Performance accountability system.
Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 126. General authorization.
Sec. 127. State allotments.
Sec. 128. Within State allocations.
Sec. 129. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 131. General authorization.
Sec. 132. State allotments.
Sec. 133. Within State allocations.
Sec. 134. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 136. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 141. Purposes.
Sec. 142. Definitions.
Sec. 143. Establishment.
Sec. 144. Individuals eligible for the Job Corps.
Sec. 145. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 146. Enrollment.
Sec. 147. Job Corps centers.
Sec. 148. Program activities.
Sec. 149. Counseling and job placement.
Sec. 150. Support.
Sec. 151. Operations.
Sec. 152. Standards of conduct.
Sec. 153. Community participation.
Sec. 154. Workforce councils.
Sec. 155. Advisory committees.
Sec. 156. Experimental projects and technical assistance.
Sec. 157. Application of provisions of Federal law.
Sec. 158. Special provisions.
Sec. 159. Management information.
Sec. 160. General provisions.
Sec. 161. Job Corps oversight and reporting.
Sec. 162. Authorization of appropriations.
Subtitle D--National Programs
Sec. 166. Native American programs.
Sec. 167. Migrant and seasonal farmworker programs.
Sec. 168. Technical assistance.
Sec. 169. Evaluations and research.
Sec. 170. National dislocated worker grants.
Sec. 171. YouthBuild program.
Sec. 172. Authorization of appropriations.
Subtitle E--Administration
Sec. 181. Requirements and restrictions.
Sec. 182. Prompt allocation of funds.
Sec. 183. Monitoring.
Sec. 184. Fiscal controls; sanctions.
Sec. 185. Reports; recordkeeping; investigations.
Sec. 186. Administrative adjudication.
Sec. 187. Judicial review.
Sec. 188. Nondiscrimination.
Sec. 189. Secretarial administrative authorities and responsibilities.
Sec. 190. Workforce flexibility plans.
Sec. 191. State legislative authority.
Sec. 192. Transfer of Federal equity in State employment security agency
real property to the States.
Sec. 193. Continuation of State activities and policies.
Sec. 194. General program requirements.
Sec. 195. Restrictions on lobbying activities.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Home schools.
Sec. 205. Rule of construction regarding postsecondary transition and
concurrent enrollment activities.
Sec. 206. Authorization of appropriations.
Subtitle A--Federal Provisions
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
Sec. 212. Performance accountability system.
Subtitle B--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; matching requirement.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other institutionalized
individuals.
Subtitle C--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Subtitle D--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. National leadership activities.
Sec. 243. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance measures.
Sec. 308. Workforce and labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation and information.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Evaluation standards and performance indicators.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Payments to States.
Sec. 421. Client assistance program.
Sec. 422. Pre-employment transition services.
Sec. 423. American Indian vocational rehabilitation services.
Sec. 424. Vocational rehabilitation services client information.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability, Independent Living, and
Rehabilitation Research.
Sec. 434. Interagency committee.
Sec. 435. Research and other covered activities.
Sec. 436. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Purpose; training.
Sec. 442. Demonstration, training, and technical assistance programs.
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Establishment.
Sec. 452. Report.
Sec. 453. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Interagency Committee, Board, and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Limitations on use of subminimum wage.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Employment opportunities for individuals with disabilities.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals With Significant Disabilities
subchapter a--general provisions
Sec. 471. Purpose.
Sec. 472. Administration of the independent living program.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 475A. Responsibilities of the Administrator.
subchapter b--independent living services
Sec. 476. Administration.
subchapter c--centers for independent living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 2--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--General Provisions
Sec. 491. Transfer of functions regarding independent living to
Department of Health and Human Services, and savings
provisions.
Sec. 492. Table of contents.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
Sec. 501. Privacy.
Sec. 502. Buy-American requirements.
Sec. 503. Transition provisions.
Sec. 504. Reduction of reporting burdens and requirements.
Sec. 505. Report on data capability of Federal and State databases and
data exchange agreements.
Sec. 506. Effective dates.
Subtitle B--Amendments to Other Laws
Sec. 511. Repeal of the Workforce Investment Act of 1998.
Sec. 512. Conforming amendments.
Sec. 513. References.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment, access
to and opportunities for the employment, education, training, and
support services they need to succeed in the labor market.
(2) To support the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce development
system in the United States.
(3) To improve the quality and labor market relevance of
workforce investment, education, and economic development efforts
to provide America's workers with the skills and credentials
necessary to secure and advance in employment with family-
sustaining wages and to provide America's employers with the
skilled workers the employers need to succeed in a global economy.
(4) To promote improvement in the structure of and delivery of
services through the United States workforce development system to
better address the employment and skill needs of workers,
jobseekers, and employers.
(5) To increase the prosperity of workers and employers in the
United States, the economic growth of communities, regions, and
States, and the global competitiveness of the United States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase attainment of
recognized postsecondary credentials by participants, and as a
result, improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the skill
requirements of employers, and enhance the productivity and
competitiveness of the Nation.
SEC. 3. DEFINITIONS.
In this Act, and the core program provisions that are not in this
Act, except as otherwise expressly provided:
(1) Administrative costs.--The term ``administrative costs''
means expenditures incurred by State boards and local boards,
direct recipients (including State grant recipients under subtitle
B of title I and recipients of awards under subtitles C and D of
title I), local grant recipients, local fiscal agents or local
grant subrecipients, and one-stop operators in the performance of
administrative functions and in carrying out activities under title
I that are not related to the direct provision of workforce
investment services (including services to participants and
employers). Such costs include both personnel and nonpersonnel
costs and both direct and indirect costs.
(2) Adult.--Except as otherwise specified in section 132, the
term ``adult'' means an individual who is age 18 or older.
(3) Adult education; adult education and literacy activities.--
The terms ``adult education'' and ``adult education and literacy
activities'' have the meanings given the terms in section 203.
(4) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Basic skills deficient.--The term ``basic skills
deficient'' means, with respect to an individual--
(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the 8th grade
level on a generally accepted standardized test; or
(B) who is a youth or adult, that the individual is unable
to compute or solve problems, or read, write, or speak English,
at a level necessary to function on the job, in the
individual's family, or in society.
(6) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in section 3
of the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302).
(7) Career pathway.--The term ``career pathway'' means a
combination of rigorous and high-quality education, training, and
other services that--
(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
(B) prepares an individual to be successful in any of a
full range of secondary or postsecondary education options,
including apprenticeships registered under the Act of August
16, 1937 (commonly known as the ``National Apprenticeship
Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)
(referred to individually in this Act as an ``apprenticeship'',
except in section 171);
(C) includes counseling to support an individual in
achieving the individual's education and career goals;
(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific occupation
or occupational cluster;
(E) organizes education, training, and other services to
meet the particular needs of an individual in a manner that
accelerates the educational and career advancement of the
individual to the extent practicable;
(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized
postsecondary credential; and
(G) helps an individual enter or advance within a specific
occupation or occupational cluster.
(8) Career planning.--The term ``career planning'' means the
provision of a client-centered approach in the delivery of
services, designed--
(A) to prepare and coordinate comprehensive employment
plans, such as service strategies, for participants to ensure
access to necessary workforce investment activities and
supportive services, using, where feasible, computer-based
technologies; and
(B) to provide job, education, and career counseling, as
appropriate during program participation and after job
placement.
(9) Chief elected official.--The term ``chief elected
official'' means--
(A) the chief elected executive officer of a unit of
general local government in a local area; and
(B) in a case in which a local area includes more than 1
unit of general local government, the individuals designated
under the agreement described in section 107(c)(1)(B).
(10) Community-based organization.--The term ``community-based
organization'' means a private nonprofit organization (which may
include a faith-based organization), that is representative of a
community or a significant segment of a community and that has
demonstrated expertise and effectiveness in the field of workforce
development.
(11) Competitive integrated employment.--The term ``competitive
integrated employment'' has the meaning given the term in section 7
of the Rehabilitation Act of 1973 (29 U.S.C. 705), for individuals
with disabilities.
(12) Core program.--The term ``core programs'' means a program
authorized under a core program provision.
(13) Core program provision.--The term ``core program
provision'' means--
(A) chapters 2 and 3 of subtitle B of title I (relating to
youth workforce investment activities and adult and dislocated
worker employment and training activities);
(B) title II (relating to adult education and literacy
activities);
(C) sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) (relating to employment services); and
(D) title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that title
(29 U.S.C. 732, 741) (relating to vocational rehabilitation
services).
(14) Customized training.--The term ``customized training''
means training--
(A) that is designed to meet the specific requirements of
an employer (including a group of employers);
(B) that is conducted with a commitment by the employer to
employ an individual upon successful completion of the
training; and
(C) for which the employer pays--
(i) a significant portion of the cost of training, as
determined by the local board involved, taking into account
the size of the employer and such other factors as the
local board determines to be appropriate, which may include
the number of employees participating in training, wage and
benefit levels of those employees (at present and
anticipated upon completion of the training), relation of
the training to the competitiveness of a participant, and
other employer-provided training and advancement
opportunities; and
(ii) in the case of customized training (as defined in
subparagraphs (A) and (B)) involving an employer located in
multiple local areas in the State, a significant portion of
the cost of the training, as determined by the Governor of
the State, taking into account the size of the employer and
such other factors as the Governor determines to be
appropriate.
(15) Dislocated worker.--The term ``dislocated worker'' means
an individual who--
(A)(i) has been terminated or laid off, or who has received
a notice of termination or layoff, from employment;
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop center
referred to in section 121(e), attachment to the workforce, but
is not eligible for unemployment compensation due to
insufficient earnings or having performed services for an
employer that were not covered under a State unemployment
compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result of
any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services other
than training services described in section 134(c)(3), career
services described in section 134(c)(2)(A)(xii), or supportive
services, is employed at a facility at which the employer has
made a general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a
rancher, or a fisherman) but is unemployed as a result of
general economic conditions in the community in which the
individual resides or because of natural disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed Forces on
active duty (as defined in section 101(d)(1) of title 10,
United States Code), and who has experienced a loss of
employment as a direct result of relocation to accommodate a
permanent change in duty station of such member; or
(ii) is the spouse of a member of the Armed Forces on
active duty and who meets the criteria described in paragraph
(16)(B).
(16) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A)(i) has been dependent on the income of another family
member but is no longer supported by that income; or
(ii) is the dependent spouse of a member of the Armed
Forces on active duty (as defined in section 101(d)(1) of title
10, United States Code) and whose family income is
significantly reduced because of a deployment (as defined in
section 991(b) of title 10, United States Code, or pursuant to
paragraph (4) of such section), a call or order to active duty
pursuant to a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code, a permanent
change of station, or the service-connected (as defined in
section 101(16) of title 38, United States Code) death or
disability of the member; and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(17) Economic development agency.--The term ``economic
development agency'' includes a local planning or zoning commission
or board, a community development agency, or another local agency
or institution responsible for regulating, promoting, or assisting
in local economic development.
(18) Eligible youth.--Except as provided in subtitles C and D
of title I, the term ``eligible youth'' means an in-school youth or
out-of-school youth.
(19) Employment and training activity.--The term ``employment
and training activity'' means an activity described in section 134
that is carried out for an adult or dislocated worker.
(20) English language acquisition program.--The term ``English
language acquisition program'' has the meaning given the term in
section 203.
(21) English language learner.--The term ``English language
learner'' has the meaning given the term in section 203.
(22) Governor.--The term ``Governor'' means the chief executive
of a State or an outlying area.
(23) In-demand industry sector or occupation.--
(A) In general.--The term ``in-demand industry sector or
occupation'' means--
(i) an industry sector that has a substantial current
or potential impact (including through jobs that lead to
economic self-sufficiency and opportunities for
advancement) on the State, regional, or local economy, as
appropriate, and that contributes to the growth or
stability of other supporting businesses, or the growth of
other industry sectors; or
(ii) an occupation that currently has or is projected
to have a number of positions (including positions that
lead to economic self-sufficiency and opportunities for
advancement) in an industry sector so as to have a
significant impact on the State, regional, or local
economy, as appropriate.
(B) Determination.--The determination of whether an
industry sector or occupation is in-demand under this paragraph
shall be made by the State board or local board, as
appropriate, using State and regional business and labor market
projections, including the use of labor market information.
(24) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' means a member of 1 or
more of the following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native Hawaiians, as such
terms are defined in section 166.
(D) Individuals with disabilities, including youth who are
individuals with disabilities.
(E) Older individuals.
(F) Ex-offenders.
(G) Homeless individuals (as defined in section 41403(6) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))), or homeless children and youths (as defined in section
725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2))).
(H) Youth who are in or have aged out of the foster care
system.
(I) Individuals who are English language learners,
individuals who have low levels of literacy, and individuals
facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as defined
in section 167(i).
(K) Individuals within 2 years of exhausting lifetime
eligibility under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved determines
to have barriers to employment.
(25) Individual with a disability.--
(A) In general.--The term ``individual with a disability''
means an individual with a disability as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102).
(B) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(26) Industry or sector partnership.--The term ``industry or
sector partnership'' means a workforce collaborative, convened by
or acting in partnership with a State board or local board, that--
(A) organizes key stakeholders in an industry cluster into
a working group that focuses on the shared goals and human
resources needs of the industry cluster and that includes, at
the appropriate stage of development of the partnership--
(i) representatives of multiple businesses or other
employers in the industry cluster, including small and
medium-sized employers when practicable;
(ii) 1 or more representatives of a recognized State
labor organization or central labor council, or another
labor representative, as appropriate; and
(iii) 1 or more representatives of an institution of
higher education with, or another provider of, education or
training programs that support the industry cluster; and
(B) may include representatives of--
(i) State or local government;
(ii) State or local economic development agencies;
(iii) State boards or local boards, as appropriate;
(iv) a State workforce agency or other entity providing
employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-based
organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as determined to be necessary
by the members comprising the industry or sector
partnership.
(27) In-school youth.--The term ``in-school youth'' means a
youth described in section 129(a)(1)(C).
(28) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101, and subparagraphs (A) and (B) of section 102(a)(1), of the
Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)).
(29) Integrated education and training.--The term ``integrated
education and training'' has the meaning given the term in section
203.
(30) Labor market area.--The term ``labor market area'' means
an economically integrated geographic area within which individuals
can reside and find employment within a reasonable distance or can
readily change employment without changing their place of
residence. Such an area shall be identified in accordance with
criteria used by the Bureau of Labor Statistics of the Department
of Labor in defining such areas or similar criteria established by
a Governor.
(31) Literacy.--The term ``literacy'' has the meaning given the
term in section 203.
(32) Local area.--The term ``local area'' means a local
workforce investment area designated under section 106, subject to
sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
(33) Local board.--The term ``local board'' means a local
workforce development board established under section 107, subject
to section 107(c)(4)(B)(i).
(34) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(35) Local plan.--The term ``local plan'' means a plan
submitted under section 108, subject to section 106(c)(3)(B).
(36) Low-income individual.--
(A) In general.--The term ``low-income individual'' means
an individual who--
(i) receives, or in the past 6 months has received, or
is a member of a family that is receiving or in the past 6
months has received, assistance through the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the program
of block grants to States for temporary assistance for
needy families program under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), or the
supplemental security income program established under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.), or State or local income-based public assistance;
(ii) is in a family with total family income that does
not exceed the higher of--
(I) the poverty line; or
(II) 70 percent of the lower living standard income
level;
(iii) is a homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or a homeless child or youth (as
defined under section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)));
(iv) receives or is eligible to receive a free or
reduced price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.);
(v) is a foster child on behalf of whom State or local
government payments are made; or
(vi) is an individual with a disability whose own
income meets the income requirement of clause (ii), but who
is a member of a family whose income does not meet this
requirement.
(B) Lower living standard income level.--The term ``lower
living standard income level'' means that income level
(adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living family
budget issued by the Secretary.
(37) Nontraditional employment.--The term ``nontraditional
employment'' refers to occupations or fields of work, for which
individuals from the gender involved comprise less than 25 percent
of the individuals employed in each such occupation or field of
work.
(38) Offender.--The term ``offender'' means an adult or
juvenile--
(A) who is or has been subject to any stage of the criminal
justice process, and for whom services under this Act may be
beneficial; or
(B) who requires assistance in overcoming artificial
barriers to employment resulting from a record of arrest or
conviction.
(39) Older individual.--The term ``older individual'' means an
individual age 55 or older.
(40) One-stop center.--The term ``one-stop center'' means a
site described in section 121(e)(2).
(41) One-stop operator.--The term ``one-stop operator'' means 1
or more entities designated or certified under section 121(d).
(42) One-stop partner.--The term ``one-stop partner'' means--
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that is
participating, with the approval of the local board and chief
elected official, in the operation of a one-stop delivery
system.
(43) One-stop partner program.--The term ``one-stop partner
program'' means a program or activities described in section 121(b)
of a one-stop partner.
(44) On-the-job training.--The term ``on-the-job training''
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that--
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) is made available through a program that provides
reimbursement to the employer of up to 50 percent of the wage
rate of the participant, except as provided in section
134(c)(3)(H), for the extraordinary costs of providing the
training and additional supervision related to the training;
and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained, taking into account
the content of the training, the prior work experience of the
participant, and the service strategy of the participant, as
appropriate.
(45) Outlying area.--The term ``outlying area'' means--
(A) American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands; and
(B) the Republic of Palau, except during any period for
which the Secretary of Labor and the Secretary of Education
determine that a Compact of Free Association is in effect and
contains provisions for training and education assistance
prohibiting the assistance provided under this Act.
(46) Out-of-school youth.--The term ``out-of-school youth''
means a youth described in section 129(a)(1)(B).
(47) Pay-for-performance contract strategy.--The term ``pay-
for-performance contract strategy'' means a procurement strategy
that uses pay-for-performance contracts in the provision of
training services described in section 134(c)(3) or activities
described in section 129(c)(2), and includes--
(A) contracts, each of which shall specify a fixed amount
that will be paid to an eligible service provider (which may
include a local or national community-based organization or
intermediary, community college, or other training provider,
that is eligible under section 122 or 123, as appropriate)
based on the achievement of specified levels of performance on
the primary indicators of performance described in section
116(b)(2)(A) for target populations as identified by the local
board (including individuals with barriers to employment),
within a defined timetable, and which may provide for bonus
payments to such service provider to expand capacity to provide
effective training;
(B) a strategy for independently validating the achievement
of the performance described in subparagraph (A); and
(C) a description of how the State or local area will
reallocate funds not paid to a provider because the achievement
of the performance described in subparagraph (A) did not occur,
for further activities related to such a procurement strategy,
subject to section 189(g)(4).
(48) Planning region.--The term ``planning region'' means a
region described in subparagraph (B) or (C) of section 106(a)(2),
subject to section 107(c)(4)(B)(i).
(49) Poverty line.--The term ``poverty line'' means the poverty
line (as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(50) Public assistance.--The term ``public assistance'' means
Federal, State, or local government cash payments for which
eligibility is determined by a needs or income test.
(51) Rapid response activity.--The term ``rapid response
activity'' means an activity provided by a State, or by an entity
designated by a State, with funds provided by the State under
section 134(a)(1)(A), in the case of a permanent closure or mass
layoff at a plant, facility, or enterprise, or a natural or other
disaster, that results in mass job dislocation, in order to assist
dislocated workers in obtaining reemployment as soon as possible,
with services including--
(A) the establishment of onsite contact with employers and
employee representatives--
(i) immediately after the State is notified of a
current or projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the
State is made aware of mass job dislocation as a result of
such disaster;
(B) the provision of information on and access to available
employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management, with
the ability to devise and implement a strategy for assessing
the employment and training needs of dislocated workers and
obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
(52) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized certificate or certification,
a certificate of completion of an apprenticeship, a license
recognized by the State involved or Federal Government, or an
associate or baccalaureate degree.
(53) Region.--The term ``region'', used without further
description, means a region identified under section 106(a),
subject to section 107(c)(4)(B)(i) and except as provided in
section 106(b)(1)(B)(ii).
(54) School dropout.--The term ``school dropout'' means an
individual who is no longer attending any school and who has not
received a secondary school diploma or its recognized equivalent.
(55) Secondary school.--The term ``secondary school'' has the
meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(56) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(57) State board.--The term ``State board'' means a State
workforce development board established under section 101.
(58) State plan.--The term ``State plan'', used without further
description, means a unified State plan under section 102 or a
combined State plan under section 103.
(59) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent care,
housing, and needs-related payments, that are necessary to enable
an individual to participate in activities authorized under this
Act.
(60) Training services.--The term ``training services'' means
services described in section 134(c)(3).
(61) Unemployed individual.--The term ``unemployed individual''
means an individual who is without a job and who wants and is
available for work. The determination of whether an individual is
without a job, for purposes of this paragraph, shall be made in
accordance with the criteria used by the Bureau of Labor Statistics
of the Department of Labor in defining individuals as unemployed.
(62) Unit of general local government.--The term ``unit of
general local government'' means any general purpose political
subdivision of a State that has the power to levy taxes and spend
funds, as well as general corporate and police powers.
(63) Veteran; related definition.--
(A) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(B) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under this Act within 48 months after the
discharge or release from active military, naval, or air
service.
(64) Vocational rehabilitation program.--The term ``vocational
rehabilitation program'' means a program authorized under a
provision covered under paragraph (13)(D).
(65) Workforce development activity.--The term ``workforce
development activity'' means an activity carried out through a
workforce development program.
(66) Workforce development program.--The term ``workforce
development program'' means a program made available through a
workforce development system.
(67) Workforce development system.--The term ``workforce
development system'' means a system that makes available the core
programs, the other one-stop partner programs, and any other
programs providing employment and training services as identified
by a State board or local board.
(68) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training activity,
and a youth workforce investment activity.
(69) Workforce preparation activities.--The term ``workforce
preparation activities'' has the meaning given the term in section
203.
(70) Workplace learning advisor.--The term ``workplace learning
advisor'' means an individual employed by an organization who has
the knowledge and skills necessary to advise other employees of
that organization about the education, skill development, job
training, career counseling services, and credentials, including
services provided through the workforce development system,
required to progress toward career goals of such employees in order
to meet employer requirements related to job openings and career
advancements that support economic self-sufficiency.
(71) Youth workforce investment activity.--The term ``youth
workforce investment activity'' means an activity described in
section 129 that is carried out for eligible youth (or as described
in section 129(a)(3)(A)).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) In General.--The Governor of a State shall establish a State
workforce development board to carry out the functions described in
subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State legislature (to
the extent consistent with State law), appointed by the
appropriate presiding officers of such chamber; and
(C) members appointed by the Governor, of which--
(i) a majority shall be representatives of businesses
in the State, who--
(I) are owners of businesses, chief executives or
operating officers of businesses, or other business
executives or employers with optimum policymaking or
hiring authority, and who, in addition, may be members
of a local board described in section 107(b)(2)(A)(i);
(II) represent businesses (including small
businesses), or organizations representing businesses
described in this subclause, that provide employment
opportunities that, at a minimum, include high-quality,
work-relevant training and development in in-demand
industry sectors or occupations in the State; and
(III) are appointed from among individuals
nominated by State business organizations and business
trade associations;
(ii) not less than 20 percent shall be representatives
of the workforce within the State, who--
(I) shall include representatives of labor
organizations, who have been nominated by State labor
federations;
(II) shall include a representative, who shall be a
member of a labor organization or a training director,
from a joint labor-management apprenticeship program,
or if no such joint program exists in the State, such a
representative of an apprenticeship program in the
State;
(III) may include representatives of community-
based organizations that have demonstrated experience
and expertise in addressing the employment, training,
or education needs of individuals with barriers to
employment, including organizations that serve veterans
or that provide or support competitive, integrated
employment for individuals with disabilities; and
(IV) may include representatives of organizations
that have demonstrated experience and expertise in
addressing the employment, training, or education needs
of eligible youth, including representatives of
organizations that serve out-of-school youth; and
(iii) the balance--
(I) shall include representatives of government,
who--
(aa) shall include the lead State officials
with primary responsibility for the core programs;
and
(bb) shall include chief elected officials
(collectively representing both cities and
counties, where appropriate); and
(II) may include such other representatives and
officials as the Governor may designate, such as--
(aa) the State agency officials from agencies
that are one-stop partners not specified in
subclause (I) (including additional one-stop
partners whose programs are covered by the State
plan, if any);
(bb) State agency officials responsible for
economic development or juvenile justice programs
in the State;
(cc) individuals who represent an Indian tribe
or tribal organization, as such terms are defined
in section 166(b); and
(dd) State agency officials responsible for
education programs in the State, including chief
executive officers of community colleges and other
institutions of higher education.
(2) Diverse and distinct representation.--The members of the
State board shall represent diverse geographic areas of the State,
including urban, rural, and suburban areas.
(3) No representation of multiple categories.--No person shall
serve as a member for more than 1 of--
(A) the category described in paragraph (1)(C)(i); or
(B) 1 category described in a subclause of clause (ii) or
(iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson for the
State board from among the representatives described in subsection
(b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor in--
(1) the development, implementation, and modification of the
State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on actions
that should be taken by the State to align workforce development
programs in the State in a manner that supports a comprehensive and
streamlined workforce development system in the State, including
the review and provision of comments on the State plans, if any,
for programs and activities of one-stop partners that are not core
programs;
(3) the development and continuous improvement of the workforce
development system in the State, including--
(A) the identification of barriers and means for removing
barriers to better coordinate, align, and avoid duplication
among the programs and activities carried out through the
system;
(B) the development of strategies to support the use of
career pathways for the purpose of providing individuals,
including low-skilled adults, youth, and individuals with
barriers to employment (including individuals with
disabilities), with workforce investment activities, education,
and supportive services to enter or retain employment;
(C) the development of strategies for providing effective
outreach to and improved access for individuals and employers
who could benefit from services provided through the workforce
development system;
(D) the development and expansion of strategies for meeting
the needs of employers, workers, and jobseekers, particularly
through industry or sector partnerships related to in-demand
industry sectors and occupations;
(E) the identification of regions, including planning
regions, for the purposes of section 106(a), and the
designation of local areas under section 106, after
consultation with local boards and chief elected officials;
(F) the development and continuous improvement of the one-
stop delivery system in local areas, including providing
assistance to local boards, one-stop operators, one-stop
partners, and providers with planning and delivering services,
including training services and supportive services, to support
effective delivery of services to workers, jobseekers, and
employers; and
(G) the development of strategies to support staff training
and awareness across programs supported under the workforce
development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on best
practices, including best practices for--
(A) the effective operation of one-stop centers, relating
to the use of business outreach, partnerships, and service
delivery strategies, including strategies for serving
individuals with barriers to employment;
(B) the development of effective local boards, which may
include information on factors that contribute to enabling
local boards to exceed negotiated local levels of performance,
sustain fiscal integrity, and achieve other measures of
effectiveness; and
(C) effective training programs that respond to real-time
labor market analysis, that effectively use direct assessment
and prior learning assessment to measure an individual's prior
knowledge, skills, competencies, and experiences, and that
evaluate such skills, and competencies for adaptability, to
support efficient placement into employment or career pathways;
(6) the development and review of statewide policies affecting
the coordinated provision of services through the State's one-stop
delivery system described in section 121(e), including the
development of--
(A) objective criteria and procedures for use by local
boards in assessing the effectiveness and continuous
improvement of one-stop centers described in such section;
(B) guidance for the allocation of one-stop center
infrastructure funds under section 121(h); and
(C) policies relating to the appropriate roles and
contributions of entities carrying out one-stop partner
programs within the one-stop delivery system, including
approaches to facilitating equitable and efficient cost
allocation in such system;
(7) the development of strategies for technological
improvements to facilitate access to, and improve the quality of,
services and activities provided through the one-stop delivery
system, including such improvements to--
(A) enhance digital literacy skills (as defined in section
202 of the Museum and Library Services Act (20 U.S.C. 9101);
referred to in this Act as ``digital literacy skills'');
(B) accelerate the acquisition of skills and recognized
postsecondary credentials by participants;
(C) strengthen the professional development of providers
and workforce professionals; and
(D) ensure such technology is accessible to individuals
with disabilities and individuals residing in remote areas;
(8) the development of strategies for aligning technology and
data systems across one-stop partner programs to enhance service
delivery and improve efficiencies in reporting on performance
accountability measures (including the design and implementation of
common intake, data collection, case management information, and
performance accountability measurement and reporting processes and
the incorporation of local input into such design and
implementation, to improve coordination of services across one-stop
partner programs);
(9) the development of allocation formulas for the distribution
of funds for employment and training activities for adults, and
youth workforce investment activities, to local areas as permitted
under sections 128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described in
paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) Alternative Entity.--
(1) In general.--For the purposes of complying with subsections
(a), (b), and (c), a State may use any State entity (including a
State council, State workforce development board (within the
meaning of the Workforce Investment Act of 1998, as in effect on
the day before the date of enactment of this Act), combination of
regional workforce development boards, or similar entity) that--
(A) was in existence on the day before the date of
enactment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board described
in subsections (a) through (c); and
(C) includes representatives of business in the State and
representatives of labor organizations in the State.
(2) References.--A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be
considered to include such an entity.
(f) Conflict of Interest.--A member of a State board may not--
(1) vote on a matter under consideration by the State board--
(A) regarding the provision of services by such member (or
by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor to
constitute a conflict of interest as specified in the State plan.
(g) Sunshine Provision.--The State board shall make available to
the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the State board,
including information regarding the State plan, or a modification to
the State plan, prior to submission of the plan or modification of the
plan, respectively, information regarding membership, and, on request,
minutes of formal meetings of the State board.
(h) Authority To Hire Staff.--
(1) In general.--The State board may hire a director and other
staff to assist in carrying out the functions described in
subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
(2) Qualifications.--The State board shall establish and apply
a set of objective qualifications for the position of director,
that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks and
to assist in effectively carrying out the functions of the State
board.
(3) Limitation on rate.--The director and staff described in
paragraph (1) shall be subject to the limitations on the payment of
salary and bonuses described in section 194(15).
SEC. 102. UNIFIED STATE PLAN.
(a) Plan.--For a State to be eligible to receive allotments for the
core programs, the Governor shall submit to the Secretary of Labor for
the approval process described under subsection (c)(2), a unified State
plan. The unified State plan shall outline a 4-year strategy for the
core programs of the State and meet the requirements of this section.
(b) Contents.--
(1) Strategic planning elements.--The unified State plan shall
include strategic planning elements consisting of a strategic
vision and goals for preparing an educated and skilled workforce,
that include--
(A) an analysis of the economic conditions in the State,
including--
(i) existing and emerging in-demand industry sectors
and occupations; and
(ii) the employment needs of employers, including a
description of the knowledge, skills, and abilities, needed
in those industries and occupations;
(B) an analysis of the current workforce, employment and
unemployment data, labor market trends, and the educational and
skill levels of the workforce, including individuals with
barriers to employment (including individuals with
disabilities), in the State;
(C) an analysis of the workforce development activities
(including education and training) in the State, including an
analysis of the strengths and weaknesses of such activities,
and the capacity of State entities to provide such activities,
in order to address the identified education and skill needs of
the workforce and the employment needs of employers in the
State;
(D) a description of the State's strategic vision and goals
for preparing an educated and skilled workforce (including
preparing youth and individuals with barriers to employment)
and for meeting the skilled workforce needs of employers,
including goals relating to performance accountability measures
based on primary indicators of performance described in section
116(b)(2)(A), in order to support economic growth and economic
self-sufficiency, and of how the State will assess the overall
effectiveness of the workforce investment system in the State;
and
(E) taking into account analyses described in subparagraphs
(A) through (C), a strategy for aligning the core programs, as
well as other resources available to the State, to achieve the
strategic vision and goals described in subparagraph (D).
(2) Operational planning elements.--
(A) In general.--The unified State plan shall include the
operational planning elements contained in this paragraph,
which shall support the strategy described in paragraph (1)(E),
including a description of how the State board will implement
the functions under section 101(d).
(B) Implementation of state strategy.--The unified State
plan shall describe how the lead State agency with
responsibility for the administration of a core program will
implement the strategy described in paragraph (1)(E), including
a description of--
(i) the activities that will be funded by the entities
carrying out the respective core programs to implement the
strategy and how such activities will be aligned across the
programs and among the entities administering the programs,
including using co-enrollment and other strategies;
(ii) how the activities described in clause (i) will be
aligned with activities provided under employment,
training, education, including career and technical
education, and human services programs not covered by the
plan, as appropriate, assuring coordination of, and
avoiding duplication among, the activities referred to in
this clause;
(iii) how the entities carrying out the respective core
programs will coordinate activities and provide
comprehensive, high-quality services including supportive
services, to individuals;
(iv) how the State's strategy will engage the State's
community colleges and area career and technical education
schools as partners in the workforce development system and
enable the State to leverage other Federal, State, and
local investments that have enhanced access to workforce
development programs at those institutions;
(v) how the activities described in clause (i) will be
coordinated with economic development strategies and
activities in the State; and
(vi) how the State's strategy will improve access to
activities leading to a recognized postsecondary credential
(including a credential that is an industry-recognized
certificate or certification, portable, and stackable).
(C) State operating systems and policies.--The unified
State plan shall describe the State operating systems and
policies that will support the implementation of the strategy
described in paragraph (1)(E), including a description of--
(i) the State board, including the activities to assist
members of the State board and the staff of such board in
carrying out the functions of the State board effectively
(but funds for such activities may not be used for long-
distance travel expenses for training or development
activities available locally or regionally);
(ii)(I) how the respective core programs will be
assessed each year, including an assessment of the quality,
effectiveness, and improvement of programs (analyzed by
local area, or by provider), based on State performance
accountability measures described in section 116(b); and
(II) how other one-stop partner programs will be
assessed each year;
(iii) the results of an assessment of the effectiveness
of the core programs and other one-stop partner programs
during the preceding 2-year period;
(iv) the methods and factors the State will use in
distributing funds under the core programs, in accordance
with the provisions authorizing such distributions;
(v)(I) how the lead State agencies with responsibility
for the administration of the core programs will align and
integrate available workforce and education data on core
programs, unemployment insurance programs, and education
through postsecondary education;
(II) how such agencies will use the workforce
development system to assess the progress of participants
that are exiting from core programs in entering, persisting
in, and completing postsecondary education, or entering or
remaining in employment; and
(III) the privacy safeguards incorporated in such
system, including safeguards required by section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) and
other applicable Federal laws;
(vi) how the State will implement the priority of
service provisions for veterans in accordance with the
requirements of section 4215 of title 38, United States
Code;
(vii) how the one-stop delivery system, including one-
stop operators and the one-stop partners, will comply with
section 188, if applicable, and applicable provisions of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), regarding the physical and programmatic
accessibility of facilities, programs, services,
technology, and materials, for individuals with
disabilities, including complying through providing staff
training and support for addressing the needs of
individuals with disabilities; and
(viii) such other operational planning elements as the
Secretary of Labor or the Secretary of Education, as
appropriate, determines to be necessary for effective State
operating systems and policies.
(D) Program-specific requirements.--The unified State plan
shall include--
(i) with respect to activities carried out under
subtitle B, a description of--
(I) State policies or guidance, for the statewide
workforce development system and for use of State funds
for workforce investment activities;
(II) the local areas designated in the State,
including the process used for designating local areas,
and the process used for identifying any planning
regions under section 106(a), including a description
of how the State consulted with the local boards and
chief elected officials in determining the planning
regions;
(III) the appeals process referred to in section
106(b)(5), relating to designation of local areas;
(IV) the appeals process referred to in section
121(h)(2)(E), relating to determinations for
infrastructure funding; and
(V) with respect to youth workforce investment
activities authorized in section 129, information
identifying the criteria to be used by local boards in
awarding grants for youth workforce investment
activities and describing how the local boards will
take into consideration the ability of the providers to
meet performance accountability measures based on
primary indicators of performance for the youth program
as described in section 116(b)(2)(A)(ii) in awarding
such grants;
(ii) with respect to activities carried out under title
II, a description of--
(I) how the eligible agency will, if applicable,
align content standards for adult education with State-
adopted challenging academic content standards, as
adopted under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1));
(II) how the State will fund local activities using
considerations specified in section 231(e) for--
(aa) activities under section 231(b);
(bb) programs for corrections education under
section 225;
(cc) programs for integrated English literacy
and civics education under section 243; and
(dd) integrated education and training;
(III) how the State will use the funds to carry out
activities under section 223;
(IV) how the State will use the funds to carry out
activities under section 243;
(V) how the eligible agency will assess the quality
of providers of adult education and literacy activities
under title II and take actions to improve such
quality, including providing the activities described
in section 223(a)(1)(B);
(iii) with respect to programs carried out under title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title (29
U.S.C. 732, 741), the information described in section
101(a) of that Act (29 U.S.C. 721(a)); and
(iv) information on such additional specific
requirements for a program referenced in any of clauses (i)
through (iii) or the Wagner-Peyser Act (29 U.S.C. 49 et
seq.) as the Secretary of Labor determines to be necessary
to administer that program but cannot reasonably be applied
across all such programs.
(E) Assurances.--The unified State plan shall include
assurances--
(i) that the State has established a policy identifying
circumstances that may present a conflict of interest for a
State board or local board member, or the entity or class
of officials that the member represents, and procedures to
resolve such conflicts;
(ii) that the State has established a policy to provide
to the public (including individuals with disabilities)
access to meetings of State boards and local boards, and
information regarding activities of State boards and local
boards, such as data on board membership and minutes;
(iii)(I) that the lead State agencies with
responsibility for the administration of core programs
reviewed and commented on the appropriate operational
planning elements of the unified State plan, and approved
the elements as serving the needs of the populations served
by such programs; and
(II) that the State obtained input into the development
of the unified State plan and provided an opportunity for
comment on the plan by representatives of local boards and
chief elected officials, businesses, labor organizations,
institutions of higher education, other primary
stakeholders, and the general public and that the unified
State plan is available and accessible to the general
public;
(iv) that the State has established, in accordance with
section 116(i), fiscal control and fund accounting
procedures that may be necessary to ensure the proper
disbursement of, and accounting for, funds paid to the
State through allotments made for adult, dislocated worker,
and youth programs to carry out workforce investment
activities under chapters 2 and 3 of subtitle B;
(v) that the State has taken appropriate action to
secure compliance with uniform administrative requirements
in this Act, including that the State will annually monitor
local areas to ensure compliance and otherwise take
appropriate action to secure compliance with the uniform
administrative requirements under section 184(a)(3);
(vi) that the State has taken the appropriate action to
be in compliance with section 188, if applicable;
(vii) that the Federal funds received to carry out a
core program will not be expended for any purpose other
than for activities authorized with respect to such funds
under that core program;
(viii) that the eligible agency under title II will--
(I) expend the funds appropriated to carry out that
title only in a manner consistent with fiscal
requirements under section 241(a) (regarding supplement
and not supplant provisions); and
(II) ensure that there is at least 1 eligible
provider serving each local area;
(ix) that the State will pay an appropriate share (as
defined by the State board) of the costs of carrying out
section 116, from funds made available through each of the
core programs; and
(x) regarding such other matters as the Secretary of
Labor or the Secretary of Education, as appropriate,
determines to be necessary for the administration of the
core programs.
(3) Existing analysis.--As appropriate, a State may use an
existing analysis in order to carry out the requirements of
paragraph (1) concerning an analysis.
(c) Plan Submission and Approval.--
(1) Submission.--
(A) Initial plan.--The initial unified State plan under
this section (after the date of enactment of the Workforce
Innovation and Opportunity Act) shall be submitted to the
Secretary of Labor not later than 120 days prior to the
commencement of the second full program year after the date of
enactment of this Act.
(B) Subsequent plans.--Except as provided in subparagraph
(A), a unified State plan shall be submitted to the Secretary
of Labor not later than 120 days prior to the end of the 4-year
period covered by the preceding unified State plan.
(2) Submission and approval.--
(A) Submission.--In approving a unified State plan under
this section, the Secretary shall submit the portion of the
unified State plan covering a program or activity to the head
of the Federal agency that administers the program or activity
for the approval of such portion by such head.
(B) Approval.--A unified State plan shall be subject to the
approval of both the Secretary of Labor and the Secretary of
Education, after approval of the Commissioner of the
Rehabilitation Services Administration for the portion of the
plan described in subsection (b)(2)(D)(iii). The plan shall be
considered to be approved at the end of the 90-day period
beginning on the day the plan is submitted, unless the
Secretary of Labor or the Secretary of Education makes a
written determination, during the 90-day period, that the plan
is inconsistent with the provisions of this section or the
provisions authorizing the core programs, as appropriate.
(3) Modifications.--
(A) Modifications.--At the end of the first 2-year period
of any 4-year unified State plan, the State board shall review
the unified State plan, and the Governor shall submit
modifications to the plan to reflect changes in labor market
and economic conditions or in other factors affecting the
implementation of the unified State plan.
(B) Approval.--A modified unified State plan submitted for
the review required under subparagraph (A) shall be subject to
the approval requirements described in paragraph (2). A
Governor may submit a modified unified State plan at such other
times as the Governor determines to be appropriate, and such
modified unified State plan shall also be subject to the
approval requirements described in paragraph (2).
(4) Early implementers.--The Secretary of Labor, in conjunction
with the Secretary of Education, shall establish a process for
approving and may approve unified State plans that meet the
requirements of this section and are submitted to cover periods
commencing prior to the second full program year described in
paragraph (1)(A).
SEC. 103. COMBINED STATE PLAN.
(a) In General.--
(1) Authority to submit plan.--A State may develop and submit
to the appropriate Secretaries a combined State plan for the core
programs and 1 or more of the programs and activities described in
paragraph (2) in lieu of submitting 2 or more plans, for the
programs and activities and the core programs.
(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
(A) Career and technical education programs authorized
under the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.).
(B) Programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(D) Work programs authorized under section 6(o) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
(E) Activities authorized under chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title 38,
United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out by the
Department of Housing and Urban Development.
(J) Employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.).
(K) Programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).
(b) Requirements.--
(1) In general.--The portion of a combined plan covering the
core programs shall be subject to the requirements of section 102
(including section 102(c)(3)). The portion of such plan covering a
program or activity described in subsection (a)(2) shall be subject
to the requirements, if any, applicable to a plan or application
for assistance for that program or activity, under the Federal law
authorizing the program or activity. At the election of the State,
section 102(c)(3) may apply to that portion.
(2) Additional submission not required.--A State that submits a
combined plan that is approved under subsection (c) shall not be
required to submit any other plan or application in order to
receive Federal funds to carry out the core programs or the program
or activities described in subsection (a)(2) that are covered by
the combined plan.
(3) Coordination.--A combined plan shall include--
(A) a description of the methods used for joint planning
and coordination of the core programs and the other programs
and activities covered by the combined plan; and
(B) an assurance that the methods included an opportunity
for the entities responsible for planning or administering the
core programs and the other programs and activities to review
and comment on all portions of the combined plan.
(c) Approval by the Appropriate Secretaries.--
(1) Jurisdiction.--The appropriate Secretary shall have the
authority to approve the corresponding portion of a combined plan
as described in subsection (d). On the approval of the appropriate
Secretary, that portion of the combined plan, covering a program or
activity, shall be implemented by the State pursuant to that
portion of the combined plan, and the Federal law authorizing the
program or activity.
(2) Approval of core programs.--No portion of the plan relating
to a core program shall be implemented until the appropriate
Secretary approves the corresponding portions of the plan for all
core programs.
(3) Timing of approval.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), a portion of the combined State plan covering the core
programs or a program or activity described in subsection
(a)(2) shall be considered to be approved by the appropriate
Secretary at the end of the 90-day period beginning on the day
the plan is submitted.
(B) Plan approved by 3 or more appropriate secretaries.--If
an appropriate Secretary other than the Secretary of Labor or
the Secretary of Education has authority to approve a portion
of a combined plan, that portion of the combined plan shall be
considered to be approved by the appropriate Secretary at the
end of the 120-day period beginning on the day the plan is
submitted.
(C) Disapproval.--The portion shall not be considered to be
approved if the appropriate Secretary makes a written
determination, during the 90-day period (or the 120-day period,
for an appropriate Secretary covered by subparagraph (B)), that
the portion is not consistent with the requirements of the
Federal law authorizing or applicable to the program or
activity involved, including the criteria for approval of a
plan or application, if any, under such law, or the plan is not
consistent with the requirements of this section.
(4) Special rule.--In paragraph (3), the term ``criteria for
approval of a plan or application'', with respect to a State and a
core program or a program under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), includes
a requirement for agreement between the State and the appropriate
Secretaries regarding State performance measures or State
performance accountability measures, as the case may be, including
levels of performance.
(d) Appropriate Secretary.--In this section, the term ``appropriate
Secretary'' means--
(1) with respect to the portion of a combined plan relating to
any of the core programs (including a description, and an assurance
concerning that program, specified in subsection (b)(3)), the
Secretary of Labor and the Secretary of Education; and
(2) with respect to the portion of a combined plan relating to
a program or activity described in subsection (a)(2) (including a
description, and an assurance concerning that program or activity,
specified in subsection (b)(3)), the head of the Federal agency who
exercises plan or application approval authority for the program or
activity under the Federal law authorizing the program or activity,
or, if there are no planning or application requirements for such
program or activity, exercises administrative authority over the
program or activity under that Federal law.
CHAPTER 2--LOCAL PROVISIONS
SEC. 106. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--
(1) Identification.--Before the second full program year after
the date of enactment of this Act, in order for a State to receive
an allotment under section 127(b) or 132(b) and as part of the
process for developing the State plan, a State shall identify
regions in the State after consultation with the local boards and
chief elected officials in the local areas and consistent with the
considerations described in subsection (b)(1)(B).
(2) Types of regions.--For purposes of this Act, the State
shall identify--
(A) which regions are comprised of 1 local area that is
aligned with the region;
(B) which regions are comprised of 2 or more local areas
that are (collectively) aligned with the region (referred to as
planning regions, consistent with section 3); and
(C) which, of the regions described in subparagraph (B),
are interstate areas contained within 2 or more States, and
consist of labor market areas, economic development areas, or
other appropriate contiguous subareas of those States.
(b) Local Areas.--
(1) In general.--
(A) Process.--Except as provided in subsection (d), and
consistent with paragraphs (2) and (3), in order for a State to
receive an allotment under section 127(b) or 132(b), the
Governor of the State shall designate local workforce
development areas within the State--
(i) through consultation with the State board; and
(ii) after consultation with chief elected officials
and local boards, and after consideration of comments
received through the public comment process as described in
section 102(b)(2)(E)(iii)(II).
(B) Considerations.--The Governor shall designate local
areas (except for those local areas described in paragraphs (2)
and (3)) based on considerations consisting of the extent to
which the areas--
(i) are consistent with labor market areas in the
State;
(ii) are consistent with regional economic development
areas in the State; and
(iii) have available the Federal and non-Federal
resources necessary to effectively administer activities
under subtitle B and other applicable provisions of this
Act, including whether the areas have the appropriate
education and training providers, such as institutions of
higher education and area career and technical education
schools.
(2) Initial designation.--During the first 2 full program years
following the date of enactment of this Act, the Governor shall
approve a request for initial designation as a local area from any
area that was designated as a local area for purposes of the
Workforce Investment Act of 1998 for the 2-year period preceding
the date of enactment of this Act, performed successfully, and
sustained fiscal integrity.
(3) Subsequent designation.--After the period for which a local
area is initially designated under paragraph (2), the Governor
shall approve a request for subsequent designation as a local area
from such local area, if such area--
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning region, met
the requirements described in subsection (c)(1).
(4) Designation on recommendation of state board.--The Governor
may approve a request from any unit of general local government
(including a combination of such units) for designation of an area
as a local area if the State board determines, based on the
considerations described in paragraph (1)(B), and recommends to the
Governor, that such area should be so designated.
(5) Appeals.--A unit of general local government (including a
combination of such units) or grant recipient that requests but is
not granted designation of an area as a local area under paragraph
(2) or (3) may submit an appeal to the State board under an appeal
process established in the State plan. If the appeal does not
result in such a designation, the Secretary of Labor, after
receiving a request for review from the unit or grant recipient and
on determining that the unit or grant recipient was not accorded
procedural rights under the appeals process described in the State
plan, as specified in section 102(b)(2)(D)(i)(III), or that the
area meets the requirements of paragraph (2) or (3), may require
that the area be designated as a local area under such paragraph.
(6) Redesignation assistance.--On the request of all of the
local areas in a planning region, the State shall provide funding
from funds made available under sections 128(a) and 133(a)(1) to
assist the local areas in carrying out activities to facilitate the
redesignation of the local areas to a single local area.
(c) Regional Coordination.--
(1) Regional planning.--The local boards and chief elected
officials in each planning region described in subparagraph (B) or
(C) of subsection (a)(2) shall engage in a regional planning
process that results in--
(A) the preparation of a regional plan, as described in
paragraph (2);
(B) the establishment of regional service strategies,
including use of cooperative service delivery agreements;
(C) the development and implementation of sector
initiatives for in-demand industry sectors or occupations for
the region;
(D) the collection and analysis of regional labor market
data (in conjunction with the State);
(E) the establishment of administrative cost arrangements,
including the pooling of funds for administrative costs, as
appropriate, for the region;
(F) the coordination of transportation and other supportive
services, as appropriate, for the region;
(G) the coordination of services with regional economic
development services and providers; and
(H) the establishment of an agreement concerning how the
planning region will collectively negotiate and reach agreement
with Governor on local levels of performance for, and report
on, the performance accountability measures described in
section 116(c), for local areas or the planning region.
(2) Regional plans.--The State, after consultation with local
boards and chief elected officials for the planning regions, shall
require the local boards and chief elected officials within a
planning region to prepare, submit, and obtain approval of a single
regional plan that includes a description of the activities
described in paragraph (1) and that incorporates local plans for
each of the local areas in the planning region. The State shall
provide technical assistance and labor market data, as requested by
local areas, to assist with such regional planning and subsequent
service delivery efforts.
(3) References.--In this Act, and the core program provisions
that are not in this Act:
(A) Local area.--Except as provided in section 101(d)(9),
this section, paragraph (1)(B) or (4) of section 107(c), or
section 107(d)(12)(B), or in any text that provides an
accompanying provision specifically for a planning region, the
term ``local area'' in a provision includes a reference to a
planning region for purposes of implementation of that
provision by the corresponding local areas in the region.
(B) Local plan.--Except as provided in this subsection, the
term ``local plan'' includes a reference to the portion of a
regional plan developed with respect to the corresponding local
area within the region, and any regionwide provision of that
plan that impacts or relates to the local area.
(d) Single State Local Areas.--
(1) Continuation of previous designation.--The Governor of any
State that was a single State local area for purposes of title I of
the Workforce Investment Act of 1998, as in effect on July 1, 2013,
may designate the State as a single State local area for purposes
of this title. In the case of such designation, the Governor shall
identify the State as a local area in the State plan.
(2) Effect on local plan and local functions.--In any case in
which a State is designated as a local area pursuant to this
subsection, the local plan prepared under section 108 for the area
shall be submitted for approval as part of the State plan. In such
a State, the State board shall carry out the functions of a local
board, as specified in this Act or the provisions authorizing a
core program, but the State shall not be required to meet and
report on a set of local performance accountability measures.
(e) Definitions.--For purposes of this section:
(1) Performed successfully.--The term ``performed
successfully'', used with respect to a local area, means the local
area met or exceeded the adjusted levels of performance for primary
indicators of performance described in section 116(b)(2)(A) (or, if
applicable, core indicators of performance described in section
136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect
the day before the date of enactment of this Act) for each of the
last 2 consecutive years for which data are available preceding the
determination of performance under this paragraph.
(2) Sustained fiscal integrity.--The term ``sustained fiscal
integrity'', used with respect to a local area, means that the
Secretary has not made a formal determination, during either of the
last 2 consecutive years preceding the determination regarding such
integrity, that either the grant recipient or the administrative
entity of the area misexpended funds provided under subtitle B (or,
if applicable, title I of the Workforce Investment Act of 1998 as
in effect prior to the effective date of such subtitle B) due to
willful disregard of the requirements of the provision involved,
gross negligence, or failure to comply with accepted standards of
administration.
SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Establishment.--Except as provided in subsection (c)(2)(A),
there shall be established, and certified by the Governor of the State,
a local workforce development board in each local area of a State to
carry out the functions described in subsection (d) (and any functions
specified for the local board under this Act or the provisions
establishing a core program) for such area.
(b) Membership.--
(1) State criteria.--The Governor, in partnership with the
State board, shall establish criteria for use by chief elected
officials in the local areas for appointment of members of the
local boards in such local areas in accordance with the
requirements of paragraph (2).
(2) Composition.--Such criteria shall require that, at a
minimum--
(A) a majority of the members of each local board shall be
representatives of business in the local area, who--
(i) are owners of businesses, chief executives or
operating officers of businesses, or other business
executives or employers with optimum policymaking or hiring
authority;
(ii) represent businesses, including small businesses,
or organizations representing businesses described in this
clause, that provide employment opportunities that, at a
minimum, include high-quality, work-relevant training and
development in in-demand industry sectors or occupations in
the local area; and
(iii) are appointed from among individuals nominated by
local business organizations and business trade
associations;
(B) not less than 20 percent of the members of each local
board shall be representatives of the workforce within the
local area, who--
(i) shall include representatives of labor
organizations (for a local area in which employees are
represented by labor organizations), who have been
nominated by local labor federations, or (for a local area
in which no employees are represented by such
organizations) other representatives of employees;
(ii) shall include a representative, who shall be a
member of a labor organization or a training director, from
a joint labor-management apprenticeship program, or if no
such joint program exists in the area, such a
representative of an apprenticeship program in the area, if
such a program exists;
(iii) may include representatives of community-based
organizations that have demonstrated experience and
expertise in addressing the employment needs of individuals
with barriers to employment, including organizations that
serve veterans or that provide or support competitive
integrated employment for individuals with disabilities;
and
(iv) may include representatives of organizations that
have demonstrated experience and expertise in addressing
the employment, training, or education needs of eligible
youth, including representatives of organizations that
serve out-of-school youth;
(C) each local board shall include representatives of
entities administering education and training activities in the
local area, who--
(i) shall include a representative of eligible
providers administering adult education and literacy
activities under title II;
(ii) shall include a representative of institutions of
higher education providing workforce investment activities
(including community colleges);
(iii) may include representatives of local educational
agencies, and of community-based organizations with
demonstrated experience and expertise in addressing the
education or training needs of individuals with barriers to
employment;
(D) each local board shall include representatives of
governmental and economic and community development entities
serving the local area, who--
(i) shall include a representative of economic and
community development entities;
(ii) shall include an appropriate representative from
the State employment service office under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) serving the local area;
(iii) shall include an appropriate representative of
the programs carried out under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741), serving the local area;
(iv) may include representatives of agencies or
entities administering programs serving the local area
relating to transportation, housing, and public assistance;
and
(v) may include representatives of philanthropic
organizations serving the local area; and
(E) each local board may include such other individuals or
representatives of entities as the chief elected official in
the local area may determine to be appropriate.
(3) Chairperson.--The members of the local board shall elect a
chairperson for the local board from among the representatives
described in paragraph (2)(A).
(4) Standing committees.--
(A) In general.--The local board may designate and direct
the activities of standing committees to provide information
and to assist the local board in carrying out activities under
this section. Such standing committees shall be chaired by a
member of the local board, may include other members of the
local board, and shall include other individuals appointed by
the local board who are not members of the local board and who
the local board determines have appropriate experience and
expertise. At a minimum, the local board may designate each of
the following:
(i) A standing committee to provide information and
assist with operational and other issues relating to the
one-stop delivery system, which may include as members
representatives of the one-stop partners.
(ii) A standing committee to provide information and to
assist with planning, operational, and other issues
relating to the provision of services to youth, which shall
include community-based organizations with a demonstrated
record of success in serving eligible youth.
(iii) A standing committee to provide information and
to assist with operational and other issues relating to the
provision of services to individuals with disabilities,
including issues relating to compliance with section 188,
if applicable, and applicable provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
regarding providing programmatic and physical access to the
services, programs, and activities of the one-stop delivery
system, as well as appropriate training for staff on
providing supports for or accommodations to, and finding
employment opportunities for, individuals with
disabilities.
(B) Additional committees.--The local board may designate
standing committees in addition to the standing committees
specified in subparagraph (A).
(C) Designation of entity.--Nothing in this paragraph shall
be construed to prohibit the designation of an existing (as of
the date of enactment of this Act) entity, such as an effective
youth council, to fulfill the requirements of this paragraph as
long as the entity meets the requirements of this paragraph.
(5) Authority of board members.--Members of the board that
represent organizations, agencies, or other entities shall be
individuals with optimum policymaking authority within the
organizations, agencies, or entities. The members of the board
shall represent diverse geographic areas within the local area.
(6) Special rule.--If there are multiple eligible providers
serving the local area by administering adult education and
literacy activities under title II, or multiple institutions of
higher education serving the local area by providing workforce
investment activities, each representative on the local board
described in clause (i) or (ii) of paragraph (2)(C), respectively,
shall be appointed from among individuals nominated by local
providers representing such providers or institutions,
respectively.
(c) Appointment and Certification of Board.--
(1) Appointment of board members and assignment of
responsibilities.--
(A) In general.--The chief elected official in a local area
is authorized to appoint the members of the local board for
such area, in accordance with the State criteria established
under subsection (b).
(B) Multiple units of local government in area.--
(i) In general.--In a case in which a local area
includes more than 1 unit of general local government, the
chief elected officials of such units may execute an
agreement that specifies the respective roles of the
individual chief elected officials--
(I) in the appointment of the members of the local
board from the individuals nominated or recommended to
be such members in accordance with the criteria
established under subsection (b); and
(II) in carrying out any other responsibilities
assigned to such officials under this title.
(ii) Lack of agreement.--If, after a reasonable effort,
the chief elected officials are unable to reach agreement
as provided under clause (i), the Governor may appoint the
members of the local board from individuals so nominated or
recommended.
(C) Concentrated employment programs.--In the case of an
area that was designated as a local area in accordance with
section 116(a)(2)(B) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this
Act), and that remains a local area on that date, the governing
body of the concentrated employment program involved shall act
in consultation with the chief elected official in the local
area to appoint members of the local board, in accordance with
the State criteria established under subsection (b), and to
carry out any other responsibility relating to workforce
investment activities assigned to such official under this Act.
(2) Certification.--
(A) In general.--The Governor shall, once every 2 years,
certify 1 local board for each local area in the State.
(B) Criteria.--Such certification shall be based on
criteria established under subsection (b), and for a second or
subsequent certification, the extent to which the local board
has ensured that workforce investment activities carried out in
the local area have enabled the local area to meet the
corresponding performance accountability measures and achieve
sustained fiscal integrity, as defined in section 106(e)(2).
(C) Failure to achieve certification.--Failure of a local
board to achieve certification shall result in appointment and
certification of a new local board for the local area pursuant
to the process described in paragraph (1) and this paragraph.
(3) Decertification.--
(A) Fraud, abuse, failure to carry out functions.--
Notwithstanding paragraph (2), the Governor shall have the
authority to decertify a local board at any time after
providing notice and an opportunity for comment, for--
(i) fraud or abuse; or
(ii) failure to carry out the functions specified for
the local board in subsection (d).
(B) Nonperformance.--Notwithstanding paragraph (2), the
Governor may decertify a local board if a local area fails to
meet the local performance accountability measures for such
local area in accordance with section 116(c) for 2 consecutive
program years.
(C) Reorganization plan.--If the Governor decertifies a
local board for a local area under subparagraph (A) or (B), the
Governor may require that a new local board be appointed and
certified for the local area pursuant to a reorganization plan
developed by the Governor, in consultation with the chief
elected official in the local area and in accordance with the
criteria established under subsection (b).
(4) Single state local area.--
(A) State board.--Notwithstanding subsection (b) and
paragraphs (1) and (2), if a State described in section 106(d)
indicates in the State plan that the State will be treated as a
single State local area, for purposes of the application of
this Act or the provisions authorizing a core program, the
State board shall carry out any of the functions of a local
board under this Act or the provisions authorizing a core
program, including the functions described in subsection (d).
(B) References.--
(i) In general.--Except as provided in clauses (ii) and
(iii), with respect to such a State, a reference in this
Act or a core program provision to a local board shall be
considered to be a reference to the State board, and a
reference in the Act or provision to a local area or region
shall be considered to be a reference to the State.
(ii) Plans.--The State board shall prepare a local plan
under section 108 for the State, and submit the plan for
approval as part of the State plan.
(iii) Performance accountability measures.--The State
shall not be required to meet and report on a set of local
performance accountability measures.
(d) Functions of Local Board.--Consistent with section 108, the
functions of the local board shall include the following:
(1) Local plan.--The local board, in partnership with the chief
elected official for the local area involved, shall develop and
submit a local plan to the Governor that meets the requirements in
section 108. If the local area is part of a planning region that
includes other local areas, the local board shall collaborate with
the other local boards and chief elected officials from such other
local areas in the preparation and submission of a regional plan as
described in section 106(c)(2).
(2) Workforce research and regional labor market analysis.--In
order to assist in the development and implementation of the local
plan, the local board shall--
(A) carry out analyses of the economic conditions in the
region, the needed knowledge and skills for the region, the
workforce in the region, and workforce development activities
(including education and training) in the region described in
section 108(b)(1)(D), and regularly update such information;
(B) assist the Governor in developing the statewide
workforce and labor market information system described in
section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)),
specifically in the collection, analysis, and utilization of
workforce and labor market information for the region; and
(C) conduct such other research, data collection, and
analysis related to the workforce needs of the regional economy
as the board, after receiving input from a wide array of
stakeholders, determines to be necessary to carry out its
functions.
(3) Convening, brokering, leveraging.--The local board shall
convene local workforce development system stakeholders to assist
in the development of the local plan under section 108 and in
identifying non-Federal expertise and resources to leverage support
for workforce development activities. The local board, including
standing committees, may engage such stakeholders in carrying out
the functions described in this subsection.
(4) Employer engagement.--The local board shall lead efforts to
engage with a diverse range of employers and with entities in the
region involved--
(A) to promote business representation (particularly
representatives with optimal policymaking or hiring authority
from employers whose employment opportunities reflect existing
and emerging employment opportunities in the region) on the
local board;
(B) to develop effective linkages (including the use of
intermediaries) with employers in the region to support
employer utilization of the local workforce development system
and to support local workforce investment activities;
(C) to ensure that workforce investment activities meet the
needs of employers and support economic growth in the region,
by enhancing communication, coordination, and collaboration
among employers, economic development entities, and service
providers; and
(D) to develop and implement proven or promising strategies
for meeting the employment and skill needs of workers and
employers (such as the establishment of industry and sector
partnerships), that provide the skilled workforce needed by
employers in the region, and that expand employment and career
advancement opportunities for workforce development system
participants in in-demand industry sectors or occupations.
(5) Career pathways development.--The local board, with
representatives of secondary and postsecondary education programs,
shall lead efforts in the local area to develop and implement
career pathways within the local area by aligning the employment,
training, education, and supportive services that are needed by
adults and youth, particularly individuals with barriers to
employment.
(6) Proven and promising practices.--The local board shall lead
efforts in the local area to--
(A) identify and promote proven and promising strategies
and initiatives for meeting the needs of employers, and workers
and jobseekers (including individuals with barriers to
employment) in the local workforce development system,
including providing physical and programmatic accessibility, in
accordance with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), to the one-stop delivery system; and
(B) identify and disseminate information on proven and
promising practices carried out in other local areas for
meeting such needs.
(7) Technology.--The local board shall develop strategies for
using technology to maximize the accessibility and effectiveness of
the local workforce development system for employers, and workers
and jobseekers, by--
(A) facilitating connections among the intake and case
management information systems of the one-stop partner programs
to support a comprehensive workforce development system in the
local area;
(B) facilitating access to services provided through the
one-stop delivery system involved, including facilitating the
access in remote areas;
(C) identifying strategies for better meeting the needs of
individuals with barriers to employment, including strategies
that augment traditional service delivery, and increase access
to services and programs of the one-stop delivery system, such
as improving digital literacy skills; and
(D) leveraging resources and capacity within the local
workforce development system, including resources and capacity
for services for individuals with barriers to employment.
(8) Program oversight.--The local board, in partnership with
the chief elected official for the local area, shall--
(A)(i) conduct oversight for local youth workforce
investment activities authorized under section 129(c), local
employment and training activities authorized under subsections
(c) and (d) of section 134, and the one-stop delivery system in
the local area; and
(ii) ensure the appropriate use and management of the funds
provided under subtitle B for the activities and system
described in clause (i); and
(B) for workforce development activities, ensure the
appropriate use, management, and investment of funds to
maximize performance outcomes under section 116.
(9) Negotiation of local performance accountability measures.--
The local board, the chief elected official, and the Governor shall
negotiate and reach agreement on local performance accountability
measures as described in section 116(c).
(10) Selection of operators and providers.--
(A) Selection of one-stop operators.--Consistent with
section 121(d), the local board, with the agreement of the
chief elected official for the local area--
(i) shall designate or certify one-stop operators as
described in section 121(d)(2)(A); and
(ii) may terminate for cause the eligibility of such
operators.
(B) Selection of youth providers.--Consistent with section
123, the local board--
(i) shall identify eligible providers of youth
workforce investment activities in the local area by
awarding grants or contracts on a competitive basis (except
as provided in section 123(b)), based on the
recommendations of the youth standing committee, if such a
committee is established for the local area under
subsection (b)(4); and
(ii) may terminate for cause the eligibility of such
providers.
(C) Identification of eligible providers of training
services.--Consistent with section 122, the local board shall
identify eligible providers of training services in the local
area.
(D) Identification of eligible providers of career
services.--If the one-stop operator does not provide career
services described in section 134(c)(2) in a local area, the
local board shall identify eligible providers of those career
services in the local area by awarding contracts.
(E) Consumer choice requirements.--Consistent with section
122 and paragraphs (2) and (3) of section 134(c), the local
board shall work with the State to ensure there are sufficient
numbers and types of providers of career services and training
services (including eligible providers with expertise in
assisting individuals with disabilities and eligible providers
with expertise in assisting adults in need of adult education
and literacy activities) serving the local area and providing
the services involved in a manner that maximizes consumer
choice, as well as providing opportunities that lead to
competitive integrated employment for individuals with
disabilities.
(11) Coordination with education providers.--
(A) In general.--The local board shall coordinate
activities with education and training providers in the local
area, including providers of workforce investment activities,
providers of adult education and literacy activities under
title II, providers of career and technical education (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)) and local
agencies administering plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than
section 112 or part C of that title (29 U.S.C. 732, 741).
(B) Applications and agreements.--The coordination
described in subparagraph (A) shall include--
(i) consistent with section 232--
(I) reviewing the applications to provide adult
education and literacy activities under title II for
the local area, submitted under such section to the
eligible agency by eligible providers, to determine
whether such applications are consistent with the local
plan; and
(II) making recommendations to the eligible agency
to promote alignment with such plan; and
(ii) replicating cooperative agreements in accordance
with subparagraph (B) of section 101(a)(11) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)), and
implementing cooperative agreements in accordance with that
section with the local agencies administering plans under
title I of that Act (29 U.S.C. 720 et seq.) (other than
section 112 or part C of that title (29 U.S.C. 732, 741)
and subject to section 121(f)), with respect to efforts
that will enhance the provision of services to individuals
with disabilities and other individuals, such as cross
training of staff, technical assistance, use and sharing of
information, cooperative efforts with employers, and other
efforts at cooperation, collaboration, and coordination.
(C) Cooperative agreement.--In this paragraph, the term
``cooperative agreement'' means an agreement entered into by a
State designated agency or State designated unit under
subparagraph (A) of section 101(a)(11) of the Rehabilitation
Act of 1973.
(12) Budget and administration.--
(A) Budget.--The local board shall develop a budget for the
activities of the local board in the local area, consistent
with the local plan and the duties of the local board under
this section, subject to the approval of the chief elected
official.
(B) Administration.--
(i) Grant recipient.--
(I) In general.--The chief elected official in a
local area shall serve as the local grant recipient
for, and shall be liable for any misuse of, the grant
funds allocated to the local area under sections 128
and 133, unless the chief elected official reaches an
agreement with the Governor for the Governor to act as
the local grant recipient and bear such liability.
(II) Designation.--In order to assist in
administration of the grant funds, the chief elected
official or the Governor, where the Governor serves as
the local grant recipient for a local area, may
designate an entity to serve as a local grant
subrecipient for such funds or as a local fiscal agent.
Such designation shall not relieve the chief elected
official or the Governor of the liability for any
misuse of grant funds as described in subclause (I).
(III) Disbursal.--The local grant recipient or an
entity designated under subclause (II) shall disburse
the grant funds for workforce investment activities at
the direction of the local board, pursuant to the
requirements of this title. The local grant recipient
or entity designated under subclause (II) shall
disburse the funds immediately on receiving such
direction from the local board.
(ii) Grants and donations.--The local board may solicit
and accept grants and donations from sources other than
Federal funds made available under this Act.
(iii) Tax-exempt status.--For purposes of carrying out
duties under this Act, local boards may incorporate, and
may operate as entities described in section 501(c)(3) of
the Internal Revenue Code of 1986 that are exempt from
taxation under section 501(a) of such Code.
(13) Accessibility for individuals with disabilities.--The
local board shall annually assess the physical and programmatic
accessibility, in accordance with section 188, if applicable, and
applicable provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), of all one-stop centers in the
local area.
(e) Sunshine Provision.--The local board shall make available to
the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the local board,
including information regarding the local plan prior to submission of
the plan, and regarding membership, the designation and certification
of one-stop operators, and the award of grants or contracts to eligible
providers of youth workforce investment activities, and on request,
minutes of formal meetings of the local board.
(f) Staff.--
(1) In general.--The local board may hire a director and other
staff to assist in carrying out the functions described in
subsection (d) using funds available under sections 128(b) and
133(b) as described in section 128(b)(4).
(2) Qualifications.--The local board shall establish and apply
a set of objective qualifications for the position of director,
that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks and
to assist in effectively carrying out the functions of the local
board.
(3) Limitation on rate.--The director and staff described in
paragraph (1) shall be subject to the limitations on the payment of
salaries and bonuses described in section 194(15).
(g) Limitations.--
(1) Training services.--
(A) In general.--Except as provided in subparagraph (B), no
local board may provide training services.
(B) Waivers of training prohibition.--The Governor of the
State in which a local board is located may, pursuant to a
request from the local board, grant a written waiver of the
prohibition set forth in subparagraph (A) (relating to the
provision of training services) for a program of training
services, if the local board--
(i) submits to the Governor a proposed request for the
waiver that includes--
(I) satisfactory evidence that there is an
insufficient number of eligible providers of such a
program of training services to meet local demand in
the local area;
(II) information demonstrating that the board meets
the requirements for an eligible provider of training
services under section 122; and
(III) information demonstrating that the program of
training services prepares participants for an in-
demand industry sector or occupation in the local area;
(ii) makes the proposed request available to eligible
providers of training services and other interested members
of the public for a public comment period of not less than
30 days; and
(iii) includes, in the final request for the waiver,
the evidence and information described in clause (i) and
the comments received pursuant to clause (ii).
(C) Duration.--A waiver granted to a local board under
subparagraph (B) shall apply for a period that shall not exceed
the duration of the local plan. The waiver may be renewed for
additional periods under subsequent local plans, not to exceed
the durations of such subsequent plans, pursuant to requests
from the local board, if the board meets the requirements of
subparagraph (B) in making the requests.
(D) Revocation.--The Governor shall have the authority to
revoke the waiver during the appropriate period described in
subparagraph (C) if the Governor determines the waiver is no
longer needed or that the local board involved has engaged in a
pattern of inappropriate referrals to training services
operated by the local board.
(2) Career services; designation or certification as one-stop
operators.--A local board may provide career services described in
section 134(c)(2) through a one-stop delivery system or be
designated or certified as a one-stop operator only with the
agreement of the chief elected official in the local area and the
Governor.
(3) Limitation on authority.--Nothing in this Act shall be
construed to provide a local board with the authority to mandate
curricula for schools.
(h) Conflict of Interest.--A member of a local board, or a member
of a standing committee, may not--
(1) vote on a matter under consideration by the local board--
(A) regarding the provision of services by such member (or
by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor to
constitute a conflict of interest as specified in the State plan.
(i) Alternative Entity.--
(1) In general.--For purposes of complying with subsections
(a), (b), and (c), a State may use any local entity (including a
local council, regional workforce development board, or similar
entity) that--
(A) is established to serve the local area (or the service
delivery area that most closely corresponds to the local area);
(B) was in existence on the day before the date of
enactment of this Act, pursuant to State law; and
(C) includes--
(i) representatives of business in the local area; and
(ii)(I) representatives of labor organizations (for a
local area in which employees are represented by labor
organizations), nominated by local labor federations; or
(II) other representatives of employees in the local
area (for a local area in which no employees are
represented by such organizations).
(2) References.--A reference in this Act or a core program
provision to a local board, shall include a reference to such an
entity.
SEC. 108. LOCAL PLAN.
(a) In General.--Each local board shall develop and submit to the
Governor a comprehensive 4-year local plan, in partnership with the
chief elected official. The local plan shall support the strategy
described in the State plan in accordance with section 102(b)(1)(E),
and otherwise be consistent with the State plan. If the local area is
part of a planning region, the local board shall comply with section
106(c) in the preparation and submission of a regional plan. At the end
of the first 2-year period of the 4-year local plan, each local board
shall review the local plan and the local board, in partnership with
the chief elected official, shall prepare and submit modifications to
the local plan to reflect changes in labor market and economic
conditions or in other factors affecting the implementation of the
local plan.
(b) Contents.--The local plan shall include--
(1) a description of the strategic planning elements consisting
of--
(A) an analysis of the regional economic conditions
including--
(i) existing and emerging in-demand industry sectors
and occupations; and
(ii) the employment needs of employers in those
industry sectors and occupations;
(B) an analysis of the knowledge and skills needed to meet
the employment needs of the employers in the region, including
employment needs in in-demand industry sectors and occupations;
(C) an analysis of the workforce in the region, including
current labor force employment (and unemployment) data, and
information on labor market trends, and the educational and
skill levels of the workforce in the region, including
individuals with barriers to employment;
(D) an analysis of the workforce development activities
(including education and training) in the region, including an
analysis of the strengths and weaknesses of such services, and
the capacity to provide such services, to address the
identified education and skill needs of the workforce and the
employment needs of employers in the region;
(E) a description of the local board's strategic vision and
goals for preparing an educated and skilled workforce
(including youth and individuals with barriers to employment),
including goals relating to the performance accountability
measures based on primary indicators of performance described
in section 116(b)(2)(A) in order to support regional economic
growth and economic self-sufficiency; and
(F) taking into account analyses described in subparagraphs
(A) through (D), a strategy to work with the entities that
carry out the core programs to align resources available to the
local area, to achieve the strategic vision and goals described
in subparagraph (E);
(2) a description of the workforce development system in the
local area that identifies the programs that are included in that
system and how the local board will work with the entities carrying
out core programs and other workforce development programs to
support alignment to provide services, including programs of study
authorized under the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), that support the strategy
identified in the State plan under section 102(b)(1)(E);
(3) a description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for
eligible individuals, particularly eligible individuals with
barriers to employment, including how the local board will
facilitate the development of career pathways and co-enrollment, as
appropriate, in core programs, and improve access to activities
leading to a recognized postsecondary credential (including a
credential that is an industry-recognized certificate or
certification, portable, and stackable);
(4) a description of the strategies and services that will be
used in the local area--
(A) in order to--
(i) facilitate engagement of employers, including small
employers and employers in in-demand industry sectors and
occupations, in workforce development programs;
(ii) support a local workforce development system that
meets the needs of businesses in the local area;
(iii) better coordinate workforce development programs
and economic development; and
(iv) strengthen linkages between the one-stop delivery
system and unemployment insurance programs; and
(B) that may include the implementation of initiatives such
as incumbent worker training programs, on-the-job training
programs, customized training programs, industry and sector
strategies, career pathways initiatives, utilization of
effective business intermediaries, and other business services
and strategies, designed to meet the needs of employers in the
corresponding region in support of the strategy described in
paragraph (1)(F);
(5) a description of how the local board will coordinate
workforce investment activities carried out in the local area with
economic development activities carried out in the region in which
the local area is located (or planning region), and promote
entrepreneurial skills training and microenterprise services;
(6) a description of the one-stop delivery system in the local
area, including--
(A) a description of how the local board will ensure the
continuous improvement of eligible providers of services
through the system and ensure that such providers meet the
employment needs of local employers, and workers and
jobseekers;
(B) a description of how the local board will facilitate
access to services provided through the one-stop delivery
system, including in remote areas, through the use of
technology and through other means;
(C) a description of how entities within the one-stop
delivery system, including one-stop operators and the one-stop
partners, will comply with section 188, if applicable, and
applicable provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) regarding the physical and
programmatic accessibility of facilities, programs and
services, technology, and materials for individuals with
disabilities, including providing staff training and support
for addressing the needs of individuals with disabilities; and
(D) a description of the roles and resource contributions
of the one-stop partners;
(7) a description and assessment of the type and availability
of adult and dislocated worker employment and training activities
in the local area;
(8) a description of how the local board will coordinate
workforce investment activities carried out in the local area with
statewide rapid response activities, as described in section
134(a)(2)(A);
(9) a description and assessment of the type and availability
of youth workforce investment activities in the local area,
including activities for youth who are individuals with
disabilities, which description and assessment shall include an
identification of successful models of such youth workforce
investment activities;
(10) a description of how the local board will coordinate
education and workforce investment activities carried out in the
local area with relevant secondary and postsecondary education
programs and activities to coordinate strategies, enhance services,
and avoid duplication of services;
(11) a description of how the local board will coordinate
workforce investment activities carried out under this title in the
local area with the provision of transportation, including public
transportation, and other appropriate supportive services in the
local area;
(12) a description of plans and strategies for, and assurances
concerning, maximizing coordination of services provided by the
State employment service under the Wagner-Peyser Act (29 U.S.C. 49
et seq.) and services provided in the local area through the one-
stop delivery system, to improve service delivery and avoid
duplication of services;
(13) a description of how the local board will coordinate
workforce investment activities carried out under this title in the
local area with the provision of adult education and literacy
activities under title II in the local area, including a
description of how the local board will carry out, consistent with
subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232,
the review of local applications submitted under title II;
(14) a description of the replicated cooperative agreements (as
defined in section 107(d)(11)) between the local board or other
local entities described in section 101(a)(11)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the local
office of a designated State agency or designated State unit
administering programs carried out under title I of such Act (29
U.S.C. 720 et seq.) (other than section 112 or part C of that title
(29 U.S.C. 732, 741) and subject to section 121(f)) in accordance
with section 101(a)(11) of such Act (29 U.S.C. 721(a)(11)) with
respect to efforts that will enhance the provision of services to
individuals with disabilities and to other individuals, such as
cross training of staff, technical assistance, use and sharing of
information, cooperative efforts with employers, and other efforts
at cooperation, collaboration, and coordination;
(15) an identification of the entity responsible for the
disbursal of grant funds described in section
107(d)(12)(B)(i)(III), as determined by the chief elected official
or the Governor under section 107(d)(12)(B)(i);
(16) a description of the competitive process to be used to
award the subgrants and contracts in the local area for activities
carried out under this title;
(17) a description of the local levels of performance
negotiated with the Governor and chief elected official pursuant to
section 116(c), to be used to measure the performance of the local
area and to be used by the local board for measuring the
performance of the local fiscal agent (where appropriate), eligible
providers under subtitle B, and the one-stop delivery system, in
the local area;
(18) a description of the actions the local board will take
toward becoming or remaining a high-performing board, consistent
with the factors developed by the State board pursuant to section
101(d)(6);
(19) a description of how training services under chapter 3 of
subtitle B will be provided in accordance with section
134(c)(3)(G), including, if contracts for the training services
will be used, how the use of such contracts will be coordinated
with the use of individual training accounts under that chapter and
how the local board will ensure informed customer choice in the
selection of training programs regardless of how the training
services are to be provided;
(20) a description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for
public comment, including comment by representatives of businesses
and comment by representatives of labor organizations, and input
into the development of the local plan, prior to submission of the
plan;
(21) a description of how one-stop centers are implementing and
transitioning to an integrated, technology-enabled intake and case
management information system for programs carried out under this
Act and programs carried out by one-stop partners; and
(22) such other information as the Governor may require.
(c) Existing Analysis.--As appropriate, a local area may use an
existing analysis in order to carry out the requirements of subsection
(b)(1) concerning an analysis.
(d) Process.--Prior to the date on which the local board submits a
local plan under this section, the local board shall--
(1) make available copies of a proposed local plan to the
public through electronic and other means, such as public hearings
and local news media;
(2) allow members of the public, including representatives of
business, representatives of labor organizations, and
representatives of education to submit to the local board comments
on the proposed local plan, not later than the end of the 30-day
period beginning on the date on which the proposed local plan is
made available; and
(3) include with the local plan submitted to the Governor under
this section any such comments that represent disagreement with the
plan.
(e) Plan Submission and Approval.--A local plan submitted to the
Governor under this section (including a modification to such a local
plan) shall be considered to be approved by the Governor at the end of
the 90-day period beginning on the day the Governor receives the plan
(including such a modification), unless the Governor makes a written
determination during the 90-day period that--
(1) deficiencies in activities carried out under this subtitle
or subtitle B have been identified, through audits conducted under
section 184 or otherwise, and the local area has not made
acceptable progress in implementing corrective measures to address
the deficiencies;
(2) the plan does not comply with the applicable provisions of
this Act; or
(3) the plan does not align with the State plan, including
failing to provide for alignment of the core programs to support
the strategy identified in the State plan in accordance with
section 102(b)(1)(E).
CHAPTER 3--BOARD PROVISIONS
SEC. 111. FUNDING OF STATE AND LOCAL BOARDS.
(a) State Boards.--In funding a State board under this subtitle, a
State--
(1) shall use funds available as described in section 129(b)(3)
or 134(a)(3)(B); and
(2) may use non-Federal funds available to the State that the
State determines are appropriate and available for that use.
(b) Local Boards.--In funding a local board under this subtitle,
the chief elected official and local board for the local area--
(1) shall use funds available as described in section
128(b)(4); and
(2) may use non-Federal funds available to the local area that
the chief elected official and local board determine are
appropriate and available for that use.
CHAPTER 4--PERFORMANCE ACCOUNTABILITY
SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) Purpose.--The purpose of this section is to establish
performance accountability measures that apply across the core programs
to assess the effectiveness of States and local areas (for core
programs described in subtitle B) in achieving positive outcomes for
individuals served by those programs.
(b) State Performance Accountability Measures.--
(1) In general.--For each State, the performance accountability
measures for the core programs shall consist of--
(A)(i) the primary indicators of performance described in
paragraph (2)(A); and
(ii) the additional indicators of performance (if any)
identified by the State under paragraph (2)(B); and
(B) a State adjusted level of performance for each
indicator described in subparagraph (A).
(2) Indicators of performance.--
(A) Primary indicators of performance.--
(i) In general.--The State primary indicators of
performance for activities provided under the adult and
dislocated worker programs authorized under chapter 3 of
subtitle B, the program of adult education and literacy
activities authorized under title II, the employment
services program authorized under sections 1 through 13 of
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that
subclauses (IV) and (V) shall not apply to such program),
and the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741), shall consist of--
(I) the percentage of program participants who are
in unsubsidized employment during the second quarter
after exit from the program;
(II) the percentage of program participants who are
in unsubsidized employment during the fourth quarter
after exit from the program;
(III) the median earnings of program participants
who are in unsubsidized employment during the second
quarter after exit from the program;
(IV) the percentage of program participants who
obtain a recognized postsecondary credential, or a
secondary school diploma or its recognized equivalent
(subject to clause (iii)), during participation in or
within 1 year after exit from the program;
(V) the percentage of program participants who,
during a program year, are in an education or training
program that leads to a recognized postsecondary
credential or employment and who are achieving
measurable skill gains toward such a credential or
employment; and
(VI) the indicators of effectiveness in serving
employers established pursuant to clause (iv).
(ii) Primary indicators for eligible youth.--The
primary indicators of performance for the youth program
authorized under chapter 2 of subtitle B shall consist of--
(I) the percentage of program participants who are
in education or training activities, or in unsubsidized
employment, during the second quarter after exit from
the program;
(II) the percentage of program participants who are
in education or training activities, or in unsubsidized
employment, during the fourth quarter after exit from
the program; and
(III) the primary indicators of performance
described in subclauses (III) through (VI) of
subparagraph (A)(i).
(iii) Indicator relating to credential.--For purposes
of clause (i)(IV), or clause (ii)(III) with respect to
clause (i)(IV), program participants who obtain a secondary
school diploma or its recognized equivalent shall be
included in the percentage counted as meeting the criterion
under such clause only if such participants, in addition to
obtaining such diploma or its recognized equivalent, have
obtained or retained employment or are in an education or
training program leading to a recognized postsecondary
credential within 1 year after exit from the program.
(iv) Indicator for services to employers.--Prior to the
commencement of the second full program year after the date
of enactment of this Act, for purposes of clauses (i)(VI),
or clause (ii)(III) with respect to clause (i)(IV), the
Secretary of Labor and the Secretary of Education, after
consultation with the representatives described in
paragraph (4)(B), shall jointly develop and establish, for
purposes of this subparagraph, 1 or more primary indicators
of performance that indicate the effectiveness of the core
programs in serving employers.
(B) Additional indicators.--A State may identify in the
State plan additional performance accountability indicators.
(3) Levels of performance.--
(A) State adjusted levels of performance for primary
indicators.--
(i) In general.--For each State submitting a State
plan, there shall be established, in accordance with this
subparagraph, levels of performance for each of the
corresponding primary indicators of performance described
in paragraph (2) for each of the programs described in
clause (ii).
(ii) Included programs.--The programs included under
clause (i) are--
(I) the youth program authorized under chapter 2 of
subtitle B;
(II) the adult program authorized under chapter 3
of subtitle B;
(III) the dislocated worker program authorized
under chapter 3 of subtitle B;
(IV) the program of adult education and literacy
activities authorized under title II;
(V) the employment services program authorized
under sections 1 through 13 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.); and
(VI) the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.),
other than section 112 or part C of that title (29
U.S.C. 732, 741).
(iii) Identification in state plan.--Each State shall
identify, in the State plan, expected levels of performance
for each of the corresponding primary indicators of
performance for each of the programs described in clause
(ii) for the first 2 program years covered by the State
plan.
(iv) Agreement on state adjusted levels of
performance.--
(I) First 2 years.--The State shall reach agreement
with the Secretary of Labor, in conjunction with the
Secretary of Education on levels of performance for
each indicator described in clause (iii) for each of
the programs described in clause (ii) for each of the
first 2 program years covered by the State plan. In
reaching the agreement, the State and the Secretary of
Labor in conjunction with the Secretary of Education
shall take into account the levels identified in the
State plan under clause (iii) and the factors described
in clause (v). The levels agreed to shall be considered
to be the State adjusted levels of performance for the
State for such program years and shall be incorporated
into the State plan prior to the approval of such plan.
(II) Third and fourth year.--The State and the
Secretary of Labor, in conjunction with the Secretary
of Education, shall reach agreement, prior to the third
program year covered by the State plan, on levels of
performance for each indicator described in clause
(iii) for each of the programs described in clause (ii)
for each of the third and fourth program years covered
by the State plan. In reaching the agreement, the State
and Secretary of Labor, in conjunction with the
Secretary of Education, shall take into account the
factors described in clause (v). The levels agreed to
shall be considered to be the State adjusted levels of
performance for the State for such program years and
shall be incorporated into the State plan as a
modification to the plan.
(v) Factors.--In reaching the agreements described in
clause (iv), the State and Secretaries shall--
(I) take into account how the levels involved
compare with the State adjusted levels of performance
established for other States;
(II) ensure that the levels involved are adjusted,
using the objective statistical model established by
the Secretaries pursuant to clause (viii), based on--
(aa) the differences among States in actual
economic conditions (including differences in
unemployment rates and job losses or gains in
particular industries); and
(bb) the characteristics of participants when
the participants entered the program involved,
including indicators of poor work history, lack of
work experience, lack of educational or
occupational skills attainment, dislocation from
high-wage and high-benefit employment, low levels
of literacy or English proficiency, disability
status, homelessness, ex-offender status, and
welfare dependency;
(III) take into account the extent to which the
levels involved promote continuous improvement in
performance accountability on the performance
accountability measures by such State and ensure
optimal return on the investment of Federal funds; and
(IV) take into account the extent to which the
levels involved will assist the State in meeting the
goals described in clause (vi).
(vi) Goals.--In order to promote enhanced performance
outcomes and to facilitate the process of reaching
agreements with the States under clause (iv), the Secretary
of Labor, in conjunction with the Secretary of Education,
shall establish performance goals for the core programs, in
accordance with the Government Performance and Results Act
of 1993 (Public Law 103-62; 107 Stat. 285) and the
amendments made by that Act, and in consultation with
States and other appropriate parties. Such goals shall be
long-term goals for the adjusted levels of performance to
be achieved by each of the programs described in clause
(ii) regarding the corresponding primary indicators of
performance described in paragraph (2)(A).
(vii) Revisions based on economic conditions and
individuals served during the program year.--The Secretary
of Labor, in conjunction with the Secretary of Education,
shall, in accordance with the objective statistical model
developed pursuant to clause (viii), revise the State
adjusted levels of performance applicable for each of the
programs described in clause (ii), for a program year and a
State, to reflect the actual economic conditions and
characteristics of participants (as described in clause
(v)(II)) in that program during such program year in such
State.
(viii) Statistical adjustment model.--The Secretary of
Labor and the Secretary of Education, after consultation
with the representatives described in paragraph (4)(B),
shall develop and disseminate an objective statistical
model that will be used to make the adjustments in the
State adjusted levels of performance for actual economic
conditions and characteristics of participants under
clauses (v) and (vii).
(B) Levels of performance for additional indicators.--The
State may identify, in the State plan, State levels of
performance for each of the additional indicators identified
under paragraph (2)(B). Such levels shall be considered to be
State adjusted levels of performance for purposes of this
section.
(4) Definitions of indicators of performance.--
(A) In general.--In order to ensure nationwide
comparability of performance data, the Secretary of Labor and
the Secretary of Education, after consultation with
representatives described in subparagraph (B), shall issue
definitions for the indicators described in paragraph (2).
(B) Representatives.--The representatives referred to in
subparagraph (A) are representatives of States and political
subdivisions, business and industry, employees, eligible
providers of activities carried out through the core programs,
educators, researchers, participants, the lead State agency
officials with responsibility for the programs carried out
through the core programs, individuals with expertise in
serving individuals with barriers to employment, and other
interested parties.
(c) Local Performance Accountability Measures for Subtitle B.--
(1) In general.--For each local area in a State designated
under section 106, the local performance accountability measures
for each of the programs described in subclauses (I) through (III)
of subsection (b)(3)(A)(ii) shall consist of--
(A)(i) the primary indicators of performance described in
subsection (b)(2)(A) that are applicable to such programs; and
(ii) additional indicators of performance, if any,
identified by the State for such programs under subsection
(b)(2)(B); and
(B) the local level of performance for each indicator
described in subparagraph (A).
(2) Local level of performance.--The local board, the chief
elected official, and the Governor shall negotiate and reach
agreement on local levels of performance based on the State
adjusted levels of performance established under subsection
(b)(3)(A).
(3) Adjustment factors.--In negotiating the local levels of
performance, the local board, the chief elected official, and the
Governor shall make adjustments for the expected economic
conditions and the expected characteristics of participants to be
served in the local area, using the statistical adjustment model
developed pursuant to subsection (b)(3)(A)(viii). In addition, the
negotiated local levels of performance applicable to a program year
shall be revised to reflect the actual economic conditions
experienced and the characteristics of the populations served in
the local area during such program year using the statistical
adjustment model.
(d) Performance Reports.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Labor, in conjunction with
the Secretary of Education, shall develop a template for
performance reports that shall be used by States, local boards, and
eligible providers of training services under section 122 to report
on outcomes achieved by the core programs. In developing such
templates, the Secretary of Labor, in conjunction with the
Secretary of Education, will take into account the need to maximize
the value of the templates for workers, jobseekers, employers,
local elected officials, State officials, Federal policymakers, and
other key stakeholders.
(2) Contents of state performance reports.--The performance
report for a State shall include, subject to paragraph (5)(C)--
(A) information specifying the levels of performance
achieved with respect to the primary indicators of performance
described in subsection (b)(2)(A) for each of the programs
described in subsection (b)(3)(A)(ii) and the State adjusted
levels of performance with respect to such indicators for each
program;
(B) information specifying the levels of performance
achieved with respect to the primary indicators of performance
described in subsection (b)(2)(A) for each of the programs
described in subsection (b)(3)(A)(ii) with respect to
individuals with barriers to employment, disaggregated by each
subpopulation of such individuals, and by race, ethnicity, sex,
and age;
(C) the total number of participants served by each of the
programs described in subsection (b)(3)(A)(ii);
(D) the number of participants who received career and
training services, respectively, during the most recent program
year and the 3 preceding program years, and the amount of funds
spent on each type of service;
(E) the number of participants who exited from career and
training services, respectively, during the most recent program
year and the 3 preceding program years;
(F) the average cost per participant of those participants
who received career and training services, respectively, during
the most recent program year and the 3 preceding program years;
(G) the percentage of participants in a program authorized
under this subtitle who received training services and obtained
unsubsidized employment in a field related to the training
received;
(H) the number of individuals with barriers to employment
served by each of the programs described in subsection
(b)(3)(A)(ii), disaggregated by each subpopulation of such
individuals;
(I) the number of participants who are enrolled in more
than 1 of the programs described in subsection (b)(3)(A)(ii);
(J) the percentage of the State's annual allotment under
section 132(b) that the State spent on administrative costs;
(K) in the case of a State in which local areas are
implementing pay-for-performance contract strategies for
programs--
(i) the performance of service providers entering into
contracts for such strategies, measured against the levels
of performance specified in the contracts for such
strategies; and
(ii) an evaluation of the design of the programs and
performance of the strategies, and, where possible, the
level of satisfaction with the strategies among employers
and participants benefitting from the strategies; and
(L) other information that facilitates comparisons of
programs with programs in other States.
(3) Contents of local area performance reports.--The
performance reports for a local area shall include, subject to
paragraph (6)(C)--
(A) the information specified in subparagraphs (A) through
(L) of paragraph (2), for each of the programs described in
subclauses (I) through (III) of subsection (b)(3)(A)(ii);
(B) the percentage of the local area's allocation under
sections 128(b) and 133(b) that the local area spent on
administrative costs; and
(C) other information that facilitates comparisons of
programs with programs in other local areas (or planning
regions, as appropriate).
(4) Contents of eligible training providers performance
reports.--The performance report for an eligible provider of
training services under section 122 shall include, subject to
paragraph (6)(C), with respect to each program of study (or the
equivalent) of such provider--
(A) information specifying the levels of performance
achieved with respect to the primary indicators of performance
described in subclauses (I) through (IV) of subsection
(b)(2)(A)(i) with respect to all individuals engaging in the
program of study (or the equivalent);
(B) the total number of individuals exiting from the
program of study (or the equivalent);
(C) the total number of participants who received training
services through each of the adult program and the dislocated
worker program authorized under chapter 3 of subtitle B,
disaggregated by the type of entity that provided the training,
during the most recent program year and the 3 preceding program
years;
(D) the total number of participants who exited from
training services, disaggregated by the type of entity that
provided the training, during the most recent program year and
the 3 preceding program years;
(E) the average cost per participant for the participants
who received training services, disaggregated by the type of
entity that provided the training, during the most recent
program year and the 3 preceding program years; and
(F) the number of individuals with barriers to employment
served by each of the adult program and the dislocated worker
program authorized under chapter 3 of subtitle B, disaggregated
by each subpopulation of such individuals, and by race,
ethnicity, sex, and age.
(5) Data validation.--In preparing the State reports described
in this subsection, each State shall establish procedures,
consistent with guidelines issued by the Secretary, in conjunction
with the Secretary of Education, to ensure the information
contained in the reports is valid and reliable.
(6) Publication.--
(A) State performance reports.--The Secretary of Labor and
the Secretary of Education shall annually make available
(including by electronic means), in an easily understandable
format, the performance reports for States containing the
information described in paragraph (2).
(B) Local area and eligible training provider performance
reports.--The State shall make available (including by
electronic means), in an easily understandable format, the
performance reports for the local areas containing the
information described in paragraph (3) and the performance
reports for eligible providers of training services containing
the information described in paragraph (4).
(C) Rules for reporting of data.--The disaggregation of
data under this subsection shall not be required when the
number of participants in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an individual
participant.
(D) Dissemination to congress.--The Secretary of Labor and
the Secretary of Education shall make available (including by
electronic means) a summary of the reports, and the reports,
required under this subsection to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate. The Secretaries shall prepare and make available with
the reports a set of recommendations for improvements in and
adjustments to pay-for-performance contract strategies used
under subtitle B.
(e) Evaluation of State Programs.--
(1) In general.--Using funds authorized under a core program
and made available to carry out this section, the State, in
coordination with local boards in the State and the State agencies
responsible for the administration of the core programs, shall
conduct ongoing evaluations of activities carried out in the State
under such programs. The State, local boards, and State agencies
shall conduct the evaluations in order to promote, establish,
implement, and utilize methods for continuously improving core
program activities in order to achieve high-level performance
within, and high-level outcomes from, the workforce development
system. The State shall coordinate the evaluations with the
evaluations provided for by the Secretary of Labor and the
Secretary of Education under section 169, section 242(c)(2)(D), and
sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973
(29 U.S.C. 709(a)(5), 711, 727) (applied with respect to programs
carried out under title I of that Act (29 U.S.C. 720 et seq.)) and
the investigations provided for by the Secretary of Labor under
section 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)).
(2) Design.--The evaluations conducted under this subsection
shall be designed in conjunction with the State board, State
agencies responsible for the administration of the core programs,
and local boards and shall include analysis of customer feedback
and outcome and process measures in the statewide workforce
development system. The evaluations shall use designs that employ
the most rigorous analytical and statistical methods that are
reasonably feasible, such as the use of control groups.
(3) Results.--The State shall annually prepare, submit to the
State board and local boards in the State, and make available to
the public (including by electronic means), reports containing the
results of evaluations conducted under this subsection, to promote
the efficiency and effectiveness of the workforce development
system.
(4) Cooperation with federal evaluations.--The State shall, to
the extent practicable, cooperate in the conduct of evaluations
(including related research projects) provided for by the Secretary
of Labor or the Secretary of Education under the provisions of
Federal law identified in paragraph (1). Such cooperation shall
include the provision of data (in accordance with appropriate
privacy protections established by the Secretary of Labor), the
provision of responses to surveys, and allowing site visits in a
timely manner, for the Secretaries or their agents.
(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
(1) States.--
(A) Technical assistance.--If a State fails to meet the
State adjusted levels of performance relating to indicators
described in subsection (b)(2)(A) for a program for any program
year, the Secretary of Labor and the Secretary of Education
shall provide technical assistance, including assistance in the
development of a performance improvement plan.
(B) Reduction in amount of grant.--If such failure
continues for a second consecutive year, or (except in the case
of exceptional circumstances as determined by the Secretary of
Labor or the Secretary of Education, as appropriate) a State
fails to submit a report under subsection (d) for any program
year, the percentage of each amount that would (in the absence
of this paragraph) be reserved by the Governor under section
128(a) for the immediately succeeding program year shall be
reduced by 5 percentage points until such date as the Secretary
of Labor or the Secretary of Education, as appropriate,
determines that the State meets such State adjusted levels of
performance and has submitted such reports for the appropriate
program years.
(g) Sanctions for Local Area Failure To Meet Local Performance
Accountability Measures.--
(1) Technical assistance.--If a local area fails to meet local
performance accountability measures established under subsection
(c) for the youth, adult, or dislocated worker program authorized
under chapter 2 or 3 of subtitle B for a program described in
subsection (d)(2)(A) for any program year, the Governor, or upon
request by the Governor, the Secretary of Labor, shall provide
technical assistance, which may include assistance in the
development of a performance improvement plan or the development of
a modified local plan (or regional plan).
(2) Corrective actions.--
(A) In general.--If such failure continues for a third
consecutive year, the Governor shall take corrective actions,
which shall include development of a reorganization plan
through which the Governor shall--
(i) require the appointment and certification of a new
local board, consistent with the criteria established under
section 107(b);
(ii) prohibit the use of eligible providers and one-
stop partners identified as achieving a poor level of
performance; or
(iii) take such other significant actions as the
Governor determines are appropriate.
(B) Appeal by local area.--
(i) Appeal to governor.--The local board and chief
elected official for a local area that is subject to a
reorganization plan under subparagraph (A) may, not later
than 30 days after receiving notice of the reorganization
plan, appeal to the Governor to rescind or revise such
plan. In such case, the Governor shall make a final
decision not later than 30 days after the receipt of the
appeal.
(ii) Subsequent action.--The local board and chief
elected official for a local area may, not later than 30
days after receiving a decision from the Governor pursuant
to clause (i), appeal such decision to the Secretary of
Labor. In such case, the Secretary shall make a final
decision not later than 30 days after the receipt of the
appeal.
(C) Effective date.--The decision made by the Governor
under subparagraph (B)(i) shall become effective at the time
the Governor issues the decision pursuant to such clause. Such
decision shall remain effective unless the Secretary of Labor
rescinds or revises such plan pursuant to subparagraph (B)(ii).
(h) Establishing Pay-for-Performance Contract Strategy
Incentives.--Using non-Federal funds, the Governor may establish
incentives for local boards to implement pay-for-performance contract
strategies for the delivery of training services described in section
134(c)(3) or activities described in section 129(c)(2) in the local
areas served by the local boards.
(i) Fiscal and Management Accountability Information Systems.--
(1) In general.--Using funds authorized under a core program
and made available to carry out this chapter, the Governor, in
coordination with the State board, the State agencies administering
the core programs, local boards, and chief elected officials in the
State, shall establish and operate a fiscal and management
accountability information system based on guidelines established
by the Secretary of Labor and the Secretary of Education after
consultation with the Governors of States, chief elected officials,
and one-stop partners. Such guidelines shall promote efficient
collection and use of fiscal and management information for
reporting and monitoring the use of funds authorized under the core
programs and for preparing the annual report described in
subsection (d).
(2) Wage records.--In measuring the progress of the State on
State and local performance accountability measures, a State shall
utilize quarterly wage records, consistent with State law. The
Secretary of Labor shall make arrangements, consistent with State
law, to ensure that the wage records of any State are available to
any other State to the extent that such wage records are required
by the State in carrying out the State plan of the State or
completing the annual report described in subsection (d).
(3) Confidentiality.--In carrying out the requirements of this
Act, the State shall comply with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
Subtitle B--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) In General.--Consistent with an approved State plan, the local
board for a local area, with the agreement of the chief elected
official for the local area, shall--
(1) develop and enter into the memorandum of understanding
described in subsection (c) with one-stop partners;
(2) designate or certify one-stop operators under subsection
(d); and
(3) conduct oversight with respect to the one-stop delivery
system in the local area.
(b) One-stop Partners.--
(1) Required partners.--
(A) Roles and responsibilities of one-stop partners.--Each
entity that carries out a program or activities described in
subparagraph (B) in a local area shall--
(i) provide access through the one-stop delivery system
to such program or activities carried out by the entity,
including making the career services described in section
134(c)(2) that are applicable to the program or activities
available at the one-stop centers (in addition to any other
appropriate locations);
(ii) use a portion of the funds available for the
program and activities to maintain the one-stop delivery
system, including payment of the infrastructure costs of
one-stop centers in accordance with subsection (h);
(iii) enter into a local memorandum of understanding
with the local board, relating to the operation of the one-
stop system, that meets the requirements of subsection (c);
(iv) participate in the operation of the one-stop
system consistent with the terms of the memorandum of
understanding, the requirements of this title, and the
requirements of the Federal laws authorizing the program or
activities; and
(v) provide representation on the State board to the
extent provided under section 101.
(B) Programs and activities.--The programs and activities
referred to in subparagraph (A) consist of--
(i) programs authorized under this title;
(ii) programs authorized under the Wagner-Peyser Act
(29 U.S.C. 49 et seq.);
(iii) adult education and literacy activities
authorized under title II;
(iv) programs authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other
than section 112 or part C of title I of such Act (29
U.S.C. 732, 741);
(v) activities authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.);
(vi) career and technical education programs at the
postsecondary level authorized under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301
et seq.);
(vii) activities authorized under chapter 2 of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.);
(viii) activities authorized under chapter 41 of title
38, United States Code;
(ix) employment and training activities carried out
under the Community Services Block Grant Act (42 U.S.C.
9901 et seq.);
(x) employment and training activities carried out by
the Department of Housing and Urban Development;
(xi) programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law);
(xii) programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532); and
(xiii) programs authorized under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), subject to
subparagraph (C).
(C) Determination by the governor.--
(i) In general.--An entity that carries out a program
referred to in subparagraph (B)(xiii) shall be included in
the one-stop partners for the local area, as a required
partner, for purposes of this Act and the other core
program provisions that are not part of this Act, unless
the Governor provides the notification described in clause
(ii).
(ii) Notification.--The notification referred to in
clause (i) is a notification that--
(I) is made in writing of a determination by the
Governor not to include such entity in the one-stop
partners described in clause (i); and
(II) is provided to the Secretary of Labor
(referred to in this subtitle, and subtitles C through
E, as the ``Secretary'') and the Secretary of Health
and Human Services.
(2) Additional partners.--
(A) In general.--With the approval of the local board and
chief elected official, in addition to the entities described
in paragraph (1), other entities that carry out workforce
development programs described in subparagraph (B) may be one-
stop partners for the local area and carry out the
responsibilities described in paragraph (1)(A).
(B) Programs.--The programs referred to in subparagraph (A)
may include--
(i) employment and training programs administered by
the Social Security Administration, including the Ticket to
Work and Self-Sufficiency Program established under section
1148 of the Social Security Act (42 U.S.C. 1320b-19);
(ii) employment and training programs carried out by
the Small Business Administration;
(iii) programs authorized under section 6(d)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4));
(iv) work programs authorized under section 6(o) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(o));
(v) programs carried out under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732);
(vi) programs authorized under the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.);
and
(vii) other appropriate Federal, State, or local
programs, including employment, education, and training
programs provided by public libraries or in the private
sector.
(c) Memorandum of Understanding.--
(1) Development.--The local board, with the agreement of the
chief elected official, shall develop and enter into a memorandum
of understanding (between the local board and the one-stop
partners), consistent with paragraph (2), concerning the operation
of the one-stop delivery system in the local area.
(2) Contents.--Each memorandum of understanding shall contain--
(A) provisions describing--
(i) the services to be provided through the one-stop
delivery system consistent with the requirements of this
section, including the manner in which the services will be
coordinated and delivered through such system;
(ii) how the costs of such services and the operating
costs of such system will be funded, including--
(I) funding through cash and in-kind contributions
(fairly evaluated), which contributions may include
funding from philanthropic organizations or other
private entities, or through other alternative
financing options, to provide a stable and equitable
funding stream for ongoing one-stop delivery system
operations; and
(II) funding of the infrastructure costs of one-
stop centers in accordance with subsection (h);
(iii) methods of referral of individuals between the
one-stop operator and the one-stop partners for appropriate
services and activities;
(iv) methods to ensure the needs of workers and youth,
and individuals with barriers to employment, including
individuals with disabilities, are addressed in the
provision of necessary and appropriate access to services,
including access to technology and materials, made
available through the one-stop delivery system; and
(v) the duration of the memorandum of understanding and
the procedures for amending the memorandum during the
duration of the memorandum, and assurances that such
memorandum shall be reviewed not less than once every 3-
year period to ensure appropriate funding and delivery of
services; and
(B) such other provisions, consistent with the requirements
of this title, as the parties to the agreement determine to be
appropriate.
(d) One-stop Operators.--
(1) Local designation and certification.--Consistent with
paragraphs (2) and (3), the local board, with the agreement of the
chief elected official, is authorized to designate or certify one-
stop operators and to terminate for cause the eligibility of such
operators.
(2) Eligibility.--To be eligible to receive funds made
available under this subtitle to operate a one-stop center referred
to in subsection (e), an entity (which may be a consortium of
entities)--
(A) shall be designated or certified as a one-stop operator
through a competitive process; and
(B) shall be an entity (public, private, or nonprofit), or
consortium of entities (including a consortium of entities
that, at a minimum, includes 3 or more of the one-stop partners
described in subsection (b)(1)), of demonstrated effectiveness,
located in the local area, which may include--
(i) an institution of higher education;
(ii) an employment service State agency established
under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), on
behalf of the local office of the agency;
(iii) a community-based organization, nonprofit
organization, or intermediary;
(iv) a private for-profit entity;
(v) a government agency; and
(vi) another interested organization or entity, which
may include a local chamber of commerce or other business
organization, or a labor organization.
(3) Exception.--Elementary schools and secondary schools shall
not be eligible for designation or certification as one-stop
operators, except that nontraditional public secondary schools and
area career and technical education schools may be eligible for
such designation or certification.
(4) Additional requirements.--The State and local boards shall
ensure that in carrying out activities under this title, one-stop
operators--
(A) disclose any potential conflicts of interest arising
from the relationships of the operators with particular
training service providers or other service providers;
(B) do not establish practices that create disincentives to
providing services to individuals with barriers to employment
who may require longer-term services, such as intensive
employment, training, and education services; and
(C) comply with Federal regulations, and procurement
policies, relating to the calculation and use of profits.
(e) Establishment of One-stop Delivery System.--
(1) In general.--There shall be established in each local area
in a State that receives an allotment under section 132(b) a one-
stop delivery system, which shall--
(A) provide the career services described in section
134(c)(2);
(B) provide access to training services as described in
section 134(c)(3), including serving as the point of access to
training services for participants in accordance with section
134(c)(3)(G);
(C) provide access to the employment and training
activities carried out under section 134(d), if any;
(D) provide access to programs and activities carried out
by one-stop partners described in subsection (b); and
(E) provide access to the data, information, and analysis
described in section 15(a) of the Wagner-Peyser Act (29 U.S.C.
49l-2(a)) and all job search, placement, recruitment, and other
labor exchange services authorized under the Wagner-Peyser Act
(29 U.S.C. 49 et seq.).
(2) One-stop delivery.--The one-stop delivery system--
(A) at a minimum, shall make each of the programs,
services, and activities described in paragraph (1) accessible
at not less than 1 physical center in each local area of the
State; and
(B) may also make programs, services, and activities
described in paragraph (1) available--
(i) through a network of affiliated sites that can
provide 1 or more of the programs, services, and activities
to individuals; and
(ii) through a network of eligible one-stop partners--
(I) in which each partner provides 1 or more of the
programs, services, and activities to such individuals
and is accessible at an affiliated site that consists
of a physical location or an electronically or
technologically linked access point; and
(II) that assures individuals that information on
the availability of the career services will be
available regardless of where the individuals initially
enter the statewide workforce development system,
including information made available through an access
point described in subclause (I);
(C) may have specialized centers to address special needs,
such as the needs of dislocated workers, youth, or key industry
sectors or clusters; and
(D) as applicable and practicable, shall make programs,
services, and activities accessible to individuals through
electronic means in a manner that improves efficiency,
coordination, and quality in the delivery of one-stop partner
services.
(3) Colocation of wagner-peyser services.--Consistent with
section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)), and in
order to improve service delivery, avoid duplication of services,
and enhance coordination of services, including location of staff
to ensure access to services in underserved areas, the employment
service offices in each State shall be colocated with one-stop
centers established under this title.
(4) Use of common one-stop delivery system identifier.--In
addition to using any State or locally developed identifier, each
one-stop delivery system shall include in the identification of
products, programs, activities, services, facilities, and related
property and materials, a common one-stop delivery system
identifier. The identifier shall be developed by the Secretary, in
consultation with heads of other appropriate departments and
agencies, and representatives of State boards and local boards and
of other stakeholders in the one-stop delivery system, not later
than the beginning of the second full program year after the date
of enactment of this Act. Such common identifier may consist of a
logo, phrase, or other identifier that informs users of the one-
stop delivery system that such products, programs, activities,
services, facilities, property, or materials are being provided
through such system. Nothing in this paragraph shall be construed
to prohibit one-stop partners, States, or local areas from having
additional identifiers.
(f) Application to Certain Vocational Rehabilitation Programs.--
(1) Limitation.--Nothing in this section shall be construed to
apply to part C of title I of the Rehabilitation Act of 1973 (29
U.S.C. 741).
(2) Client assistance.--Nothing in this Act shall be construed
to require that any entity carrying out a client assistance program
authorized under section 112 of the Rehabilitation Act of 1973 (29
U.S.C. 732)--
(A) be included as a mandatory one-stop partner under
subsection (b)(1); or
(B) if the entity is included as an additional one-stop
partner under subsection (b)(2)--
(i) violate the requirement of section 112(c)(1)(A) of
that Act (29 U.S.C. 732(c)(1)(A)) that the entity be
independent of any agency that provides treatment,
services, or rehabilitation to individuals under that Act;
or
(ii) carry out any activity not authorized under
section 112 of that Act (including appropriate Federal
regulations).
(g) Certification and Continuous Improvement of One-stop Centers.--
(1) In general.--In order to be eligible to receive
infrastructure funding described in subsection (h), the State
board, in consultation with chief elected officials and local
boards, shall establish objective criteria and procedures for use
by local boards in assessing at least once every 3 years the
effectiveness, physical and programmatic accessibility in
accordance with section 188, if applicable, and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and continuous
improvement of one-stop centers and the one-stop delivery system,
consistent with the requirements of section 101(d)(6).
(2) Criteria.--The criteria and procedures developed under this
subsection shall include standards relating to service coordination
achieved by the one-stop delivery system with respect to the
programs administered by the one-stop partners at the one-stop
centers. Such criteria and procedures shall--
(A) be developed in a manner that is consistent with the
guidelines, guidance, and policies provided by the Governor and
by the State board, in consultation with the chief elected
officials and local boards, for such partners' participation
under subsections (h)(1) and (i); and
(B) include such factors relating to the effectiveness,
accessibility, and improvement of the one-stop delivery system
as the State board determines to be appropriate, including at a
minimum how well the one-stop center--
(i) supports the achievement of the negotiated local
levels of performance for the indicators of performance
described in section 116(b)(2) for the local area;
(ii) integrates available services; and
(iii) meets the workforce development and employment
needs of local employers and participants.
(3) Local criteria.--Consistent with the criteria developed
under paragraph (1) by the State, a local board in the State may
develop additional criteria (or higher levels of service
coordination than required for the State-developed criteria)
relating to service coordination achieved by the one-stop delivery
system, for purposes of assessments described in paragraph (1), in
order to respond to labor market, economic, and demographic,
conditions and trends in the local area.
(4) Effect of certification.--One-stop centers certified under
this subsection shall be eligible to receive the infrastructure
funding described in subsection (h).
(5) Review and update.--The criteria and procedures established
under this subsection shall be reviewed and updated by the State
board or the local board, as the case may be, as part of the
biennial process for review and modification of State and local
plans described in sections 102(c)(2) and 108(a).
(h) Funding of One-stop Infrastructure.--
(1) In general.--
(A) Options for infrastructure funding.--
(i) Local options.--The local board, chief elected
officials, and one-stop partners described in subsection
(b)(1) in a local area may fund the costs of infrastructure
of one-stop centers in the local area through--
(I) methods agreed on by the local board, chief
elected officials, and one-stop partners (and described
in the memorandum of understanding described in
subsection (c)); or
(II) if no consensus agreement on methods is
reached under subclause (I), the State infrastructure
funding mechanism described in paragraph (2).
(ii) Failure to reach consensus agreement on funding
methods.--Beginning July 1, 2016, if the local board, chief
elected officials, and one-stop partners described in
subsection (b)(1) in a local area fail to reach consensus
agreement on methods of sufficiently funding the costs of
infrastructure of one-stop centers for a program year, the
State infrastructure funding mechanism described in
paragraph (2) shall be applicable to such local area for
that program year and for each subsequent program year for
which those entities and individuals fail to reach such
agreement.
(B) Guidance for infrastructure funding.--In addition to
carrying out the requirements relating to the State
infrastructure funding mechanism described in paragraph (2),
the Governor, after consultation with chief elected officials,
local boards, and the State board, and consistent with the
guidance and policies provided by the State board under
subparagraphs (B) and (C)(i) of section 101(d)(7), shall
provide, for the use of local areas under subparagraph
(A)(i)(I)--
(i) guidelines for State-administered one-stop partner
programs, for determining such programs' contributions to a
one-stop delivery system, based on such programs'
proportionate use of such system consistent with chapter II
of title 2, Code of Federal Regulations (or any
corresponding similar regulation or ruling), including
determining funding for the costs of infrastructure, which
contributions shall be negotiated pursuant to the
memorandum of understanding under subsection (c); and
(ii) guidance to assist local boards, chief elected
officials, and one-stop partners in local areas in
determining equitable and stable methods of funding the
costs of infrastructure of one-stop centers in such areas.
(2) State one-stop infrastructure funding.--
(A) Definition.--In this paragraph, the term ``covered
portion'', used with respect to funding for a fiscal year for a
program described in subsection (b)(1), means a portion
determined under subparagraph (C) of the Federal funds provided
to a State (including local areas within the State) under the
Federal law authorizing that program described in subsection
(b)(1) for the fiscal year (taking into account the
availability of funding for purposes related to infrastructure
from philanthropic organizations, private entities, or other
alternative financing options).
(B) Partner contributions.--Subject to subparagraph (D),
for local areas in a State that are not covered by paragraph
(1)(A)(i)(I), the covered portions of funding for a fiscal year
shall be provided to the Governor from the programs described
in subsection (b)(1), to assist in paying the costs of
infrastructure of one-stop centers in those local areas of the
State not adequately funded under the option described in
paragraph (1)(A)(i)(I).
(C) Determination of governor.--
(i) In general.--Subject to clause (ii) and
subparagraph (D), the Governor, after consultation with
chief elected officials, local boards, and the State board,
shall determine the portion of funds to be provided under
subparagraph (B) by each one-stop partner from each program
described in subparagraph (B). In making such determination
for the purpose of determining funding contributions, for
funding pursuant to clause (i)(II) or (ii) of paragraph
(1)(A) by each partner, the Governor shall calculate
amounts for the proportionate use of the one-stop centers
in the State, consistent with chapter II of title 2, Code
of Federal Regulations (or any corresponding similar
regulation or ruling), taking into account the costs of
administration of the one-stop delivery system for purposes
not related to one-stop centers, for each partner. The
Governor shall exclude from such determination of funds the
amounts for proportionate use of one-stop centers
attributable to the programs of one-stop partners for those
local areas of the State where the costs of infrastructure
of one-stop centers are funded under the option described
in paragraph (1)(A)(i)(I). The Governor shall also take
into account the statutory requirements for each partner
program and the partner program's ability to fulfill such
requirements.
(ii) Special rule.--In a State in which the State
constitution or a State statute places policymaking
authority that is independent of the authority of the
Governor in an entity or official with respect to the funds
provided for adult education and literacy activities
authorized under title II, postsecondary career and
technical education activities authorized under the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), or vocational rehabilitation services
offered under a provision covered by section 3(13)(D), the
determination described in clause (i) with respect to the
programs authorized under that title, Act, or provision
shall be made by the chief officer of the entity, or the
official, with such authority in consultation with the
Governor.
(D) Limitations.--
(i) Provision from administrative funds.--
(I) In general.--Subject to subclause (II), the
funds provided under this paragraph by each one-stop
partner shall be provided only from funds available for
the costs of administration under the program
administered by such partner, and shall be subject to
the program's limitations with respect to the portion
of funds under such program that may be used for
administration.
(II) Exceptions.--Nothing in this clause shall be
construed to apply to the programs carried out under
this title, or under title V of the Older Americans Act
of 1965 (42 U.S.C. 3056 et seq.).
(ii) Cap on required contributions.--For local areas in
a State that are not covered by paragraph (1)(A)(i)(I), the
following rules shall apply:
(I) Wia formula programs and employment service.--
The portion of funds required to be contributed under
this paragraph from a program authorized under chapter
2 or 3, or the Wagner-Peyser Act (29 U.S.C. 49 et seq.)
shall not exceed 3 percent of the amount of Federal
funds provided to carry out that program in the State
for a fiscal year.
(II) Other one-stop partners.--The portion of funds
required to be contributed under this paragraph from a
program described in subsection (b)(1) other than the
programs described in subclause (I) shall not exceed
1.5 percent of the amount of Federal funds provided to
carry out that program in the State for a fiscal year.
(III) Vocational rehabilitation.--Notwithstanding
subclauses (I) and (II), an entity administering a
program described in subsection (b)(1)(B)(iv) shall not
be required to provide from that program, under this
paragraph, a portion that exceeds--
(aa) 0.75 percent of the amount of Federal
funds provided to carry out such program in the
State for the second full program year that begins
after the date of enactment of this Act;
(bb) 1.0 percent of the amount provided to
carry out such program in the State for the third
full program year that begins after such date;
(cc) 1.25 percent of the amount provided to
carry out such program in the State for the fourth
full program year that begins after such date; and
(dd) 1.5 percent of the amount provided to
carry out such program in the State for the fifth
and each succeeding full program year that begins
after such date.
(iii) Federal direct spending programs.--For local
areas in a State that are not covered by paragraph
(1)(A)(i)(I), an entity administering a program funded with
direct spending as defined in section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as in effect on February 15, 2014 (2 U.S.C. 900(c)(8))
shall not be required to provide, for purposes of this
paragraph, an amount in excess of the amount determined
under subparagraph (C)(i) to be equivalent to the cost of
the proportionate use of the one-stop centers for the one-
stop partner for such program in the State.
(iv) Native american programs.--One-stop partners for
Native American programs established under section 166
shall not be subject to the provisions of this subsection
(other than this clause) or subsection (i). For purposes of
subsection (c)(2)(A)(ii)(II), the method for determining
the appropriate portion of funds to be provided by such
partners to pay for the costs of infrastructure of a one-
stop center shall be determined as part of the development
of the memorandum of understanding under subsection (c) for
the one-stop center and shall be stated in the memorandum.
(E) Appeal by one-stop partners.--The Governor shall
establish a process, described under section
102(b)(2)(D)(i)(IV), for a one-stop partner administering a
program described in subsection (b)(1) to appeal a
determination regarding the portion of funds to be provided
under this paragraph. Such a determination may be appealed
under the process on the basis that such determination is
inconsistent with the requirements of this paragraph. Such
process shall ensure prompt resolution of the appeal in order
to ensure the funds are distributed in a timely manner,
consistent with the requirements of section 182(e).
(3) Allocation by governor.--
(A) In general.--From the funds provided under paragraph
(1), the Governor shall allocate the funds to local areas
described in subparagraph (B) in accordance with the formula
established under subparagraph (B) for the purposes of
assisting in paying the costs of infrastructure of one-stop
centers.
(B) Allocation formula.--The State board shall develop a
formula to be used by the Governor to allocate the funds
provided under paragraph (1) to local areas not funding costs
of infrastructure under the option described in paragraph
(1)(A)(i)(I). The formula shall be based on factors including
the number of one-stop centers in a local area, the population
served by such centers, the services provided by such centers,
and other factors relating to the performance of such centers
that the State board determines are appropriate.
(4) Costs of infrastructure.--In this subsection, the term
``costs of infrastructure'', used with respect to a one-stop
center, means the nonpersonnel costs that are necessary for the
general operation of the one-stop center, including the rental
costs of the facilities, the costs of utilities and maintenance,
equipment (including assessment-related products and assistive
technology for individuals with disabilities), and technology to
facilitate access to the one-stop center, including the center's
planning and outreach activities.
(i) Other Funds.--
(1) In general.--Subject to the memorandum of understanding
described in subsection (c) for the one-stop delivery system
involved, in addition to the funds provided to carry out subsection
(h), a portion of funds made available under Federal law
authorizing the programs described in subsection (b) and
administered by one-stop partners, or the noncash resources
available under such programs, shall be used to pay the additional
costs relating to the operation of the one-stop delivery system
that are not paid from the funds provided under subsection (h), as
determined in accordance with paragraph (3), to the extent not
inconsistent with the Federal law involved. Such costs shall
include the costs of the provision of career services described in
section 134(c)(2) applicable to each program and may include common
costs that are not paid from the funds provided under subsection
(h).
(2) Shared services.--The costs described under paragraph (1)
may include costs of services that are authorized for and may be
commonly provided through the one-stop partner programs to any
individual, such as initial intake, assessment of needs, appraisal
of basic skills, identification of appropriate services to meet
such needs, referrals to other one-stop partners, and other similar
services.
(3) Determination and guidance.--The method for determining the
appropriate portion of funds and noncash resources to be provided
by the one-stop partner for each program under paragraph (1) for a
one-stop center shall be determined as part of the development of
the memorandum of understanding under subsection (c) for the one-
stop center and shall be stated in the memorandum. The State board
shall provide guidance to facilitate the determination, for
purposes of the memorandum of understanding, of an appropriate
allocation of the funds and noncash resources in local areas,
consistent with the requirements of section 101(d)(6)(C).
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING
SERVICES.
(a) Eligibility.--
(1) In general.--Except as provided in subsection (h), the
Governor, after consultation with the State board, shall establish
criteria, information requirements, and procedures regarding the
eligibility of providers of training services to receive funds
provided under section 133(b) for the provision of training
services in local areas in the State.
(2) Providers.--Subject to the provisions of this section, to
be eligible to receive those funds for the provision of training
services, the provider shall be--
(A) an institution of higher education that provides a
program that leads to a recognized postsecondary credential;
(B) an entity that carries out programs registered under
the Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.); or
(C) another public or private provider of a program of
training services, which may include joint labor-management
organizations, and eligible providers of adult education and
literacy activities under title II if such activities are
provided in combination with occupational skills training.
(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall comply
with the criteria, information requirements, and procedures
established under this section to be included on the list of
eligible providers of training services described in subsection
(d). A provider described in paragraph (2)(B) shall be included and
maintained on the list of eligible providers of training services
described in subsection (d) for so long as the corresponding
program of the provider remains registered as described in
paragraph (2)(B).
(b) Criteria and Information Requirements.--
(1) State criteria.--In establishing criteria pursuant to
subsection (a), the Governor shall take into account each of the
following:
(A) The performance of providers of training services with
respect to--
(i) the performance accountability measures and other
matters for which information is required under paragraph
(2); and
(ii) other appropriate measures of performance outcomes
determined by the Governor for those participants receiving
training services under this subtitle (taking into
consideration the characteristics of the population served
and relevant economic conditions), and the outcomes of the
program through which those training services were provided
for students in general with respect to employment and
earnings as defined under section 116(b)(2).
(B) The need to ensure access to training services
throughout the State, including in rural areas, and through the
use of technology.
(C) Information reported to State agencies with respect to
Federal and State programs involving training services (other
than the program carried out under this subtitle), including
one-stop partner programs.
(D) The degree to which the training programs of such
providers relate to in-demand industry sectors and occupations
in the State.
(E) The requirements for State licensing of providers of
training services, and the licensing status of providers of
training services if applicable.
(F) Ways in which the criteria can encourage, to the extent
practicable, the providers to use industry-recognized
certificates or certifications.
(G) The ability of the providers to offer programs that
lead to recognized postsecondary credentials.
(H) The quality of a program of training services,
including a program of training services that leads to a
recognized postsecondary credential.
(I) The ability of the providers to provide training
services to individuals who are employed and individuals with
barriers to employment.
(J) Such other factors as the Governor determines are
appropriate to ensure--
(i) the accountability of the providers;
(ii) that the one-stop centers in the State will ensure
that such providers meet the needs of local employers and
participants;
(iii) the informed choice of participants among
training services providers; and
(iv) that the collection of information required to
demonstrate compliance with the criteria is not unduly
burdensome or costly to providers.
(2) State information requirements.--The information
requirements established by the Governor shall require that a
provider of training services submit appropriate, accurate, and
timely information to the State, to enable the State to carry out
subsection (d), with respect to participants receiving training
services under this subtitle in the applicable program, including--
(A) information on the performance of the provider with
respect to the performance accountability measures described in
section 116 for such participants (taking into consideration
the characteristics of the population served and relevant
economic conditions), and information specifying the percentage
of such participants who entered unsubsidized employment in an
occupation related to the program, to the extent practicable;
(B) information on recognized postsecondary credentials
received by such participants;
(C) information on cost of attendance, including costs of
tuition and fees, for participants in the program;
(D) information on the program completion rate for such
participants; and
(E) information on the criteria described in paragraph (1).
(3) Local criteria and information requirements.--A local board
in the State may establish criteria and information requirements in
addition to the criteria and information requirements established
by the Governor, or may require higher levels of performance than
required for the criteria established by the Governor, for purposes
of determining the eligibility of providers of training services to
receive funds described in subsection (a) for the provision of
training services in the local area involved.
(4) Criteria and information requirements to establish initial
eligibility.--
(A) Purpose.--The purpose of this paragraph is to enable
the providers of programs carried out under chapter 3 to offer
the highest quality training services and be responsive to in-
demand and emerging industries by providing training services
for those industries.
(B) Initial eligibility.--Providers may seek initial
eligibility under this paragraph as providers of training
services and may receive that initial eligibility for only 1
fiscal year for a particular program. The criteria and
information requirements established by the Governor under this
paragraph shall require that a provider who has not previously
been an eligible provider of training services under this
section (or section 122 of the Workforce Investment Act of
1998, as in effect on the day before the date of enactment of
this Act) provide the information described in subparagraph
(C).
(C) Information.--The provider shall provide verifiable
program-specific performance information based on criteria
established by the State as described in subparagraph (D) that
supports the provider's ability to serve participants under
this subtitle.
(D) Criteria.--The criteria described in subparagraph (C)
shall include at least--
(i) a factor related to indicators described in section
116;
(ii) a factor concerning whether the provider is in a
partnership with business;
(iii) other factors that indicate high-quality training
services, including the factor described in paragraph
(1)(H); and
(iv) a factor concerning alignment of the training
services with in-demand industry sectors and occupations,
to the extent practicable.
(E) Provision.--The provider shall provide the information
described in subparagraph (C) to the Governor and the local
board in a manner that will permit the Governor and the local
board to make a decision on inclusion of the provider on the
list of eligible providers described in subsection (d).
(F) Limitation.--A provider that receives initial
eligibility under this paragraph for a program shall be subject
to the requirements under subsection (c) for that program after
such initial eligibility expires.
(c) Procedures.--
(1) Application procedures.--The procedures established under
subsection (a) shall identify the application process for a
provider of training services to become eligible to receive funds
provided under section 133(b) for the provision of training
services. The procedures shall identify the respective roles of the
State and local areas in receiving and reviewing the applications
and in making determinations of such eligibility based on the
criteria, information, and procedures established under this
section. The procedures shall also establish a process for a
provider of training services to appeal a denial or termination of
eligibility under this section that includes an opportunity for a
hearing and prescribes appropriate time limits to ensure prompt
resolution of the appeal.
(2) Renewal procedures.--The procedures established by the
Governor shall also provide for biennial review and renewal of
eligibility under this section for providers of training services.
(d) List and Information to Assist Participants in Choosing
Providers.--
(1) In general.--In order to facilitate and assist participants
in choosing employment and training activities and in choosing
providers of training services, the Governor shall ensure that an
appropriate list of providers determined to be eligible under this
section to offer a program in the State (and, as appropriate, in a
local area), accompanied by information identifying the recognized
postsecondary credential offered by the provider and other
appropriate information, is prepared. The list shall be provided to
the local boards in the State, and made available to such
participants and to members of the public through the one-stop
delivery system in the State.
(2) Accompanying information.--The accompanying information
shall--
(A) with respect to providers described in subparagraphs
(A) and (C) of subsection (a)(2), consist of information
provided by such providers, disaggregated by local areas
served, as applicable, in accordance with subsection (b);
(B) with respect to providers described in subsection
(b)(4), consist of information provided by such providers in
accordance with subsection (b)(4); and
(C) such other information as the Governor determines to be
appropriate.
(3) Availability.--The list and the accompanying information
shall be made available to such participants and to members of the
public through the one-stop delivery system in the State, in a
manner that does not reveal personally identifiable information
about an individual participant.
(4) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including a Social Security number, student identification
number, or other identifier, may be disclosed without the prior
written consent of the parent or student in compliance with section
444 of the General Education Provisions Act (20 U.S.C. 1232g).
(e) Opportunity to Submit Comments.--In establishing, under this
section, criteria, information requirements, procedures, and the list
of eligible providers described in subsection (d), the Governor shall
provide an opportunity for interested members of the public to make
recommendations and submit comments regarding such criteria,
information requirements, procedures, and list.
(f) Enforcement.--
(1) In general.--The procedures established under this section
shall provide the following:
(A) Intentionally supplying inaccurate information.--Upon a
determination, by an individual or entity specified in the
procedures, that a provider of training services, or individual
providing information on behalf of the provider, violated this
section (or section 122 of the Workforce Investment Act of
1998, as in effect on the day before the date of enactment of
this Act) by intentionally supplying inaccurate information
under this section, the eligibility of such provider to receive
funds under chapter 3 shall be terminated for a period of time
that is not less than 2 years.
(B) Substantial violations.--Upon a determination, by an
individual or entity specified in the procedures, that a
provider of training services substantially violated any
requirement under this title (or title I of the Workforce
Investment Act of 1998, as in effect on the day before such
date of enactment), the eligibility of such provider to receive
funds under chapter 3 for the program involved shall be
terminated for a period of not less than 2 years.
(C) Repayment.--A provider of training services whose
eligibility is terminated under subparagraph (A) or (B) shall
be liable for the repayment of funds received under chapter 5
of subtitle B of title I of the Workforce Investment Act of
1998, as in effect on the day before such date of enactment, or
chapter 3 of this subtitle during a period of violation
described in such subparagraph.
(2) Construction.--Paragraph (1) shall be construed to provide
remedies and penalties that supplement, but shall not supplant,
civil and criminal remedies and penalties specified in other
provisions of law.
(g) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible providers of
training services to accept individual training accounts provided in
another State.
(h) On-the-job Training, Customized Training, Incumbent Worker
Training, and Other Training Exceptions.--
(1) In general.--Providers of on-the-job training, customized
training, incumbent worker training, internships, and paid or
unpaid work experience opportunities, or transitional employment
shall not be subject to the requirements of subsections (a) through
(f).
(2) Collection and dissemination of information.--A one-stop
operator in a local area shall collect such performance information
from providers of on-the-job training, customized training,
incumbent worker training, internships, paid or unpaid work
experience opportunities, and transitional employment as the
Governor may require, and use the information to determine whether
the providers meet such performance criteria as the Governor may
require. The one-stop operator shall disseminate information
identifying such providers that meet the criteria as eligible
providers, and the performance information, through the one-stop
delivery system. Providers determined to meet the criteria shall be
considered to be identified as eligible providers of training
services.
(i) Transition Period for Implementation.--The Governor and local
boards shall implement the requirements of this section not later than
12 months after the date of enactment of this Act. In order to
facilitate early implementation of this section, the Governor may
establish transition procedures under which providers eligible to
provide training services under chapter 5 of subtitle B of title I of
the Workforce Investment Act of 1998, as such chapter was in effect on
the day before the date of enactment of this Act, may continue to be
eligible to provide such services until December 31, 2015, or until
such earlier date as the Governor determines to be appropriate.
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE INVESTMENT
ACTIVITIES.
(a) In General.--From the funds allocated under section 128(b) to a
local area, the local board for such area shall award grants or
contracts on a competitive basis to providers of youth workforce
investment activities identified based on the criteria in the State
plan (including such quality criteria as the Governor shall establish
for a training program that leads to a recognized postsecondary
credential), and taking into consideration the ability of the providers
to meet performance accountability measures based on primary indicators
of performance for the youth program as described in section
116(b)(2)(A)(ii), as described in section 102(b)(2)(D)(i)(V), and shall
conduct oversight with respect to such providers.
(b) Exceptions.--A local board may award grants or contracts on a
sole-source basis if such board determines there is an insufficient
number of eligible providers of youth workforce investment activities
in the local area involved (such as a rural area) for grants and
contracts to be awarded on a competitive basis under subsection (a).
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 126. GENERAL AUTHORIZATION.
The Secretary shall make an allotment under section 127(b)(1)(C) to
each State that meets the requirements of section 102 or 103 and a
grant under section 127(b)(1)(B) to each outlying area that complies
with the requirements of this title, to assist the State or outlying
area, and to enable the State or outlying area to assist local areas,
for the purpose of providing workforce investment activities for
eligible youth in the State or outlying area and in the local areas.
SEC. 127. STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) for each fiscal year for which the amount appropriated
under section 136(a) exceeds $925,000,000, reserve 4 percent of the
excess amount to provide youth workforce investment activities
under section 167 (relating to migrant and seasonal farmworkers);
and
(2) use the remainder of the amount appropriated under section
136(a) for a fiscal year to make allotments and grants in
accordance with subsection (b).
(b) Allotment Among States.--
(1) Youth workforce investment activities.--
(A) Native americans.--From the amount appropriated under
section 136(a) for a fiscal year that is not reserved under
subsection (a)(1), the Secretary shall reserve not more than
1\1/2\ percent of such amount to provide youth workforce
investment activities under section 166 (relating to Native
Americans).
(B) Outlying areas.--
(i) In general.--From the amount appropriated under
section 136(a) for each fiscal year that is not reserved
under subsection (a)(1) and subparagraph (A), the Secretary
shall reserve not more than \1/4\ of 1 percent of such
amount to provide assistance to the outlying areas to carry
out youth workforce investment activities and statewide
workforce investment activities.
(ii) Limitation for outlying areas.--
(I) Competitive grants.--The Secretary shall use
funds reserved under clause (i) to award grants to
outlying areas to carry out youth workforce investment
activities and statewide workforce investment
activities.
(II) Award basis.--The Secretary shall award grants
pursuant to subclause (I) on a competitive basis and
pursuant to the recommendations of experts in the field
of employment and training, working through the Pacific
Region Educational Laboratory in Honolulu, Hawaii.
(III) Administrative costs.--The Secretary may
provide not more than 5 percent of the funds made
available for grants under subclause (I) to pay the
administrative costs of the Pacific Region Educational
Laboratory in Honolulu, Hawaii, regarding activities
assisted under this clause.
(iii) Additional requirement.--The provisions of
section 501 of Public Law 95-134 (48 U.S.C. 1469a),
permitting the consolidation of grants by the outlying
areas, shall not apply to assistance provided to those
areas, including Palau, under this subparagraph.
(C) States.--
(i) In general.--From the remainder of the amount
appropriated under section 136(a) for a fiscal year that
exists after the Secretary determines the amounts to be
reserved under subsection (a)(1) and subparagraphs (A) and
(B), the Secretary shall make allotments to the States in
accordance with clause (ii) for youth workforce investment
activities and statewide workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and (iv), of
the remainder--
(I) 33\1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in
areas of substantial unemployment in each State,
compared to the total number of unemployed individuals
in areas of substantial unemployment in all States;
(II) 33\1/3\ percent shall be allotted on the basis
of the relative excess number of unemployed individuals
in each State, compared to the total excess number of
unemployed individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the
basis of the relative number of disadvantaged youth in
each State, compared to the total number of
disadvantaged youth in all States, except as described
in clause (iii).
(iii) Calculation.--In determining an allotment under
clause (ii)(III) for any State in which there is an area
that was designated as a local area as described in section
107(c)(1)(C), the allotment shall be based on the higher
of--
(I) the number of individuals who are age 16
through 21 in families with an income below the low-
income level in such area; or
(II) the number of disadvantaged youth in such
area.
(iv) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
the Secretary shall ensure the following:
(I) Minimum percentage and allotment.--Subject to
subclause (IV), the Secretary shall ensure that no
State shall receive an allotment for a fiscal year that
is less than the greater of--
(aa) an amount based on 90 percent of the
allotment percentage of the State for the preceding
fiscal year; or
(bb) 100 percent of the allotments of the State
under section 127(b)(1)(C) of the Workforce
Investment Act of 1998 (as in effect on the day
before the date of enactment of this Act) for
fiscal year 2014.
(II) Small state minimum allotment.--Subject to
subclauses (I), (III), and (IV), the Secretary shall
ensure that no State shall receive an allotment under
this subparagraph that is less than the total of--
(aa) \3/10\ of 1 percent of $1,000,000,000 of
the remainder described in clause (i) for the
fiscal year; and
(bb) if the remainder described in clause (i)
for the fiscal year exceeds $1,000,000,000, \2/5\
of 1 percent of the excess.
(III) Maximum percentage.--Subject to subclause
(I), the Secretary shall ensure that no State shall
receive an allotment percentage for a fiscal year that
is more than 130 percent of the allotment percentage of
the State for the preceding fiscal year.
(IV) Minimum funding.--In any fiscal year in which
the remainder described in clause (i) does not exceed
$1,000,000,000, the minimum allotments under subclauses
(I) and (II) shall be calculated by the methodology
specified in section 127(b)(1)(C)(iv)(IV) of the
Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act).
(2) Definitions.--For the purpose of the formula specified in
paragraph (1)(C):
(A) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the remainder
described in paragraph (1)(C)(i) that is received through an
allotment made under paragraph (1)(C) for the fiscal year. The
term, used with respect to fiscal year 2014, means the
percentage of the amount allotted to States under section
127(b)(1)(C) of the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment of this Act)
that is received under such section by the State involved for
fiscal year 2014.
(B) Area of substantial unemployment.--The term ``area of
substantial unemployment'' means any area that is of sufficient
size and scope to sustain a program of workforce investment
activities carried out under this subtitle and that has an
average rate of unemployment of at least 6.5 percent for the
most recent 12 months, as determined by the Secretary. For
purposes of this subparagraph, determinations of areas of
substantial unemployment shall be made once each fiscal year.
(C) Disadvantaged youth.--Subject to paragraph (3), the
term ``disadvantaged youth'' means an individual who is age 16
through 21 who received an income, or is a member of a family
that received a total family income, that, in relation to
family size, does not exceed the higher of--
(i) the poverty line; or
(ii) 70 percent of the lower living standard income
level.
(D) Excess number.--The term ``excess number'' means, used
with respect to the excess number of unemployed individuals
within a State, the higher of--
(i) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in the State; or
(ii) the number that represents the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in areas of substantial unemployment
in such State.
(E) Low-income level.--The term ``low-income level'' means
$7,000 with respect to income in 1969, and for any later year
means that amount that bears the same relationship to $7,000 as
the Consumer Price Index for that year bears to the Consumer
Price Index for 1969, rounded to the nearest $1,000.
(3) Special rule.--For the purpose of the formula specified in
paragraph (1)(C), the Secretary shall, as appropriate and to the
extent practicable, exclude college students and members of the
Armed Forces from the determination of the number of disadvantaged
youth.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with this
subsection, reallot to eligible States amounts that are made
available to States from allotments made under this section or a
corresponding provision of the Workforce Investment Act of 1998 for
youth workforce investment activities and statewide workforce
investment activities (referred to individually in this subsection
as a ``State allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for a program
year is equal to the amount by which the unobligated balance of the
State allotment, at the end of the program year prior to the
program year for which the determination under this paragraph is
made, exceeds 20 percent of such allotment for the prior program
year.
(3) Reallotment.--In making reallotments to eligible States of
amounts available pursuant to paragraph (2) for a program year, the
Secretary shall allot to each eligible State an amount based on the
relative amount of the State allotment for the program year for
which the determination is made, as compared to the total amount of
the State allotments for all eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an eligible
State means a State that does not have an amount available for
reallotment under paragraph (2) for the program year for which the
determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within the
State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor shall
further prescribe equitable procedures for making funds available
from the State and local areas in the event that a State is
required to make funds available for reallotment under this
subsection.
SEC. 128. WITHIN STATE ALLOCATIONS.
(a) Reservations for Statewide Activities.--
(1) In general.--The Governor shall reserve not more than 15
percent of each of the amounts allotted to the State under section
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for
a fiscal year for statewide workforce investment activities.
(2) Use of funds.--Regardless of whether the reserved amounts
were allotted under section 127(b)(1)(C), or under paragraph (1)(B)
or (2)(B) of section 132(b), the Governor may use the reserved
amounts to carry out statewide activities under section 129(b) or
statewide employment and training activities, for adults or
dislocated workers, under section 134(a).
(b) Within State Allocations.--
(1) Methods.--The Governor, acting in accordance with the State
plan, and after consulting with chief elected officials and local
boards in the local areas, shall allocate the funds that are
allotted to the State for youth activities and statewide workforce
investment activities under section 127(b)(1)(C) and are not
reserved under subsection (a), in accordance with paragraph (2) or
(3).
(2) Formula allocation.--
(A) Youth activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1) to local areas, a State may allocate--
(I) 33\1/3\ percent of the funds on the basis
described in section 127(b)(1)(C)(ii)(I);
(II) 33\1/3\ percent of the funds on the basis
described in section 127(b)(1)(C)(ii)(II); and
(III) 33\1/3\ percent of the funds on the basis
described in clauses (ii)(III) and (iii) of section
127(b)(1)(C).
(ii) Minimum percentage.--The local area shall not
receive an allocation percentage for a fiscal year that is
less than 90 percent of the average allocation percentage
of the local area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to local areas to
comply with the preceding sentence shall be obtained by
ratably reducing the allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph, for the fiscal
year. The term, used with respect to fiscal year 2013 or
2014, means a percentage of the funds referred to in
section 128(b)(1) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of
this Act), received through an allocation made under
paragraph (2) or (3) of section 128(b) of the Workforce
Investment Act of 1998 (as so in effect), for the fiscal
year 2013 or 2014, respectively.
(B) Application.--For purposes of carrying out subparagraph
(A)--
(i) references in section 127(b) to a State shall be
deemed to be references to a local area;
(ii) references in section 127(b) to all States shall
be deemed to be references to all local areas in the State
involved; and
(iii) except as described in clause (i), references in
section 127(b)(1) to the term ``excess number'' shall be
considered to be references to the term as defined in
section 127(b)(2).
(3) Youth discretionary allocation.--In lieu of making the
allocation described in paragraph (2), in allocating the funds
described in paragraph (1) to local areas, a State may distribute--
(A) a portion equal to not less than 70 percent of the
funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a
formula that--
(i) incorporates additional factors (other than the
factors described in paragraph (2)(A)) relating to--
(I) excess youth poverty in urban, rural, and
suburban local areas; and
(II) excess unemployment above the State average in
urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by
the Secretary as part of the State plan.
(4) Local administrative cost limit.--
(A) In general.--Of the amount allocated to a local area
under this subsection and section 133(b) for a fiscal year, not
more than 10 percent of the amount may be used by the local
board involved for the administrative costs of carrying out
local workforce investment activities under this chapter or
chapter 3.
(B) Use of funds.--Funds made available for administrative
costs under subparagraph (A) may be used for the administrative
costs of any of the local workforce investment activities
described in this chapter or chapter 3, regardless of whether
the funds were allocated under this subsection or section
133(b).
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board, reallocate
to eligible local areas within the State amounts that are made
available to local areas from allocations made under this section
or a corresponding provision of the Workforce Investment Act of
1998 for youth workforce investment activities (referred to
individually in this subsection as a ``local allocation'') and that
are available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program year
prior to the program year for which the determination under this
paragraph is made, exceeds 20 percent of such allocation for the
prior program year.
(3) Reallocation.--In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program
year, the Governor shall allocate to each eligible local area
within the State an amount based on the relative amount of the
local allocation for the program year for which the determination
is made, as compared to the total amount of the local allocations
for all eligible local areas in the State for such program year.
(4) Eligibility.--For purposes of this subsection, an eligible
local area means a local area that does not have an amount
available for reallocation under paragraph (2) for the program year
for which the determination under paragraph (2) is made.
SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Youth Participant Eligibility.--
(1) Eligibility.--
(A) In general.--To be eligible to participate in
activities carried out under this chapter during any program
year an individual shall, at the time the eligibility
determination is made, be an out-of-school youth or an in-
school youth.
(B) Out-of-school youth.--In this title, the term ``out-of-
school youth'' means an individual who is--
(i) not attending any school (as defined under State
law);
(ii) not younger than age 16 or older than age 24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age of compulsory
school attendance, but has not attended school for at
least the most recent complete school year calendar
quarter.
(III) A recipient of a secondary school diploma or
its recognized equivalent who is a low-income
individual and is--
(aa) basic skills deficient; or
(bb) an English language learner.
(IV) An individual who is subject to the juvenile
or adult justice system.
(V) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child or youth (as
defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))), a
runaway, in foster care or has aged out of the foster
care system, a child eligible for assistance under
section 477 of the Social Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(VI) An individual who is pregnant or parenting.
(VII) A youth who is an individual with a
disability.
(VIII) A low-income individual who requires
additional assistance to enter or complete an
educational program or to secure or hold employment.
(C) In-school youth.--In this section, the term ``in-school
youth'' means an individual who is--
(i) attending school (as defined by State law);
(ii) not younger than age 14 or (unless an individual
with a disability who is attending school under State law)
older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child or youth (as
defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))), a
runaway, in foster care or has aged out of the foster
care system, a child eligible for assistance under
section 477 of the Social Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(V) Pregnant or parenting.
(VI) A youth who is an individual with a
disability.
(VII) An individual who requires additional
assistance to complete an educational program or to
secure or hold employment.
(2) Special rule.--For the purpose of this subsection, the term
``low-income'', used with respect to an individual, also includes a
youth living in a high-poverty area.
(3) Exception and limitation.--
(A) Exception for persons who are not low-income
individuals.--
(i) Definition.--In this subparagraph, the term
``covered individual'' means an in-school youth, or an out-
of-school youth who is described in subclause (III) or
(VIII) of paragraph (1)(B)(iii).
(ii) Exception.--In each local area, not more than 5
percent of the individuals assisted under this section may
be persons who would be covered individuals, except that
the persons are not low-income individuals.
(B) Limitation.--In each local area, not more than 5
percent of the in-school youth assisted under this section may
be eligible under paragraph (1) because the youth are in-school
youth described in paragraph (1)(C)(iv)(VII).
(4) Out-of-school priority.--
(A) In general.--For any program year, not less than 75
percent of the funds allotted under section 127(b)(1)(C),
reserved under section 128(a), and available for statewide
activities under subsection (b), and not less than 75 percent
of funds available to local areas under subsection (c), shall
be used to provide youth workforce investment activities for
out-of-school youth.
(B) Exception.--A State that receives a minimum allotment
under section 127(b)(1) in accordance with section
127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with
section 132(b)(1)(B)(iv) may decrease the percentage described
in subparagraph (A) to not less than 50 percent for a local
area in the State, if--
(i) after an analysis of the in-school youth and out-
of-school youth populations in the local area, the State
determines that the local area will be unable to use at
least 75 percent of the funds available for activities
under subsection (c) to serve out-of-school youth due to a
low number of out-of-school youth; and
(ii)(I) the State submits to the Secretary, for the
local area, a request including a proposed percentage
decreased to not less than 50 percent for purposes of
subparagraph (A), and a summary of the analysis described
in clause (i); and
(II) the request is approved by the Secretary.
(5) Consistency with compulsory school attendance laws.--In
providing assistance under this section to an individual who is
required to attend school under applicable State compulsory school
attendance laws, the priority in providing such assistance shall be
for the individual to attend school regularly.
(b) Statewide Activities.--
(1) Required statewide youth activities.--Funds reserved by a
Governor as described in sections 128(a) and 133(a)(1) shall be
used, regardless of whether the funds were allotted to the State
under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of
section 132(b) for statewide activities, which shall include--
(A) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 3 in
coordination with evaluations carried out by the Secretary
under section 169(a);
(B) disseminating a list of eligible providers of youth
workforce investment activities, as determined under section
123;
(C) providing assistance to local areas as described in
subsections (b)(6) and (c)(2) of section 106, for local
coordination of activities carried out under this title;
(D) operating a fiscal and management accountability
information system under section 116(i);
(E) carrying out monitoring and oversight of activities
carried out under this chapter and chapter 3, which may include
a review comparing the services provided to male and female
youth; and
(F) providing additional assistance to local areas that
have high concentrations of eligible youth.
(2) Allowable statewide youth activities.--Funds reserved by a
Governor as described in sections 128(a) and 133(a)(1) may be used,
regardless of whether the funds were allotted to the State under
section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section
132(b), for statewide activities, which may include--
(A) conducting--
(i) research related to meeting the education and
employment needs of eligible youth; and
(ii) demonstration projects related to meeting the
education and employment needs of eligible youth;
(B) supporting the development of alternative, evidence-
based programs and other activities that enhance the choices
available to eligible youth and encourage such youth to reenter
and complete secondary education, enroll in postsecondary
education and advanced training, progress through a career
pathway, and enter into unsubsidized employment that leads to
economic self-sufficiency;
(C) supporting the provision of career services described
in section 134(c)(2) in the one-stop delivery system in the
State;
(D) supporting financial literacy, including--
(i) supporting the ability of participants to create
household budgets, initiate savings plans, and make
informed financial decisions about education, retirement,
home ownership, wealth building, or other savings goals;
(ii) supporting the ability to manage spending, credit,
and debt, including credit card debt, effectively;
(iii) increasing awareness of the availability and
significance of credit reports and credit scores in
obtaining credit, including determining their accuracy (and
how to correct inaccuracies in the reports and scores), and
their effect on credit terms;
(iv) supporting the ability to understand, evaluate,
and compare financial products, services, and
opportunities; and
(v) supporting activities that address the particular
financial literacy needs of non-English speakers, including
providing the support through the development and
distribution of multilingual financial literacy and
education materials; and
(E) providing technical assistance to, as appropriate,
local boards, chief elected officials, one-stop operators, one-
stop partners, and eligible providers, in local areas, which
provision of technical assistance shall include the development
and training of staff, the development of exemplary program
activities, the provision of technical assistance to local
areas that fail to meet local performance accountability
measures described in section 116(c), and the provision of
technology to facilitate remote access to services provided
through the one-stop delivery system in the State.
(3) Limitation.--Not more than 5 percent of the funds allotted
to a State under section 127(b)(1)(C) shall be used by the State
for administrative activities carried out under this subsection or
section 134(a).
(c) Local Elements and Requirements.--
(1) Program design.--Funds allocated to a local area for
eligible youth under section 128(b) shall be used to carry out, for
eligible youth, programs that--
(A) provide an objective assessment of the academic levels,
skill levels, and service needs of each participant, which
assessment shall include a review of basic skills, occupational
skills, prior work experience, employability, interests,
aptitudes (including interests and aptitudes for nontraditional
jobs), supportive service needs, and developmental needs of
such participant, for the purpose of identifying appropriate
services and career pathways for participants, except that a
new assessment of a participant is not required if the provider
carrying out such a program determines it is appropriate to use
a recent assessment of the participant conducted pursuant to
another education or training program;
(B) develop service strategies for each participant that
are directly linked to 1 or more of the indicators of
performance described in section 116(b)(2)(A)(ii), and that
shall identify career pathways that include education and
employment goals (including, in appropriate circumstances,
nontraditional employment), appropriate achievement objectives,
and appropriate services for the participant taking into
account the assessment conducted pursuant to subparagraph (A),
except that a new service strategy for a participant is not
required if the provider carrying out such a program determines
it is appropriate to use a recent service strategy developed
for the participant under another education or training
program;
(C) provide--
(i) activities leading to the attainment of a secondary
school diploma or its recognized equivalent, or a
recognized postsecondary credential;
(ii) preparation for postsecondary educational and
training opportunities;
(iii) strong linkages between academic instruction
(based on State academic content and student academic
achievement standards established under section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311)) and occupational education that lead to the
attainment of recognized postsecondary credentials;
(iv) preparation for unsubsidized employment
opportunities, in appropriate cases; and
(v) effective connections to employers, including small
employers, in in-demand industry sectors and occupations of
the local and regional labor markets; and
(D) at the discretion of the local board, implement a pay-
for-performance contract strategy for elements described in
paragraph (2), for which the local board may reserve and use
not more than 10 percent of the total funds allocated to the
local area under section 128(b).
(2) Program elements.--In order to support the attainment of a
secondary school diploma or its recognized equivalent, entry into
postsecondary education, and career readiness for participants, the
programs described in paragraph (1) shall provide elements
consisting of--
(A) tutoring, study skills training, instruction, and
evidence-based dropout prevention and recovery strategies that
lead to completion of the requirements for a secondary school
diploma or its recognized equivalent (including a recognized
certificate of attendance or similar document for individuals
with disabilities) or for a recognized postsecondary
credential;
(B) alternative secondary school services, or dropout
recovery services, as appropriate;
(C) paid and unpaid work experiences that have as a
component academic and occupational education, which may
include--
(i) summer employment opportunities and other
employment opportunities available throughout the school
year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall include
priority consideration for training programs that lead to
recognized postsecondary credentials that are aligned with in-
demand industry sectors or occupations in the local area
involved, if the local board determines that the programs meet
the quality criteria described in section 123;
(E) education offered concurrently with and in the same
context as workforce preparation activities and training for a
specific occupation or occupational cluster;
(F) leadership development opportunities, which may include
community service and peer-centered activities encouraging
responsibility and other positive social and civic behaviors,
as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation and a
subsequent period, for a total of not less than 12 months;
(I) followup services for not less than 12 months after the
completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which may
include drug and alcohol abuse counseling and referral, as
appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
(M) services that provide labor market and employment
information about in-demand industry sectors or occupations
available in the local area, such as career awareness, career
counseling, and career exploration services; and
(N) activities that help youth prepare for and transition
to postsecondary education and training.
(3) Additional requirements.--
(A) Information and referrals.--Each local board shall
ensure that each participant shall be provided--
(i) information on the full array of applicable or
appropriate services that are available through the local
board or other eligible providers or one-stop partners,
including those providers or partners receiving funds under
this subtitle; and
(ii) referral to appropriate training and educational
programs that have the capacity to serve the participant
either on a sequential or concurrent basis.
(B) Applicants not meeting enrollment requirements.--Each
eligible provider of a program of youth workforce investment
activities shall ensure that an eligible applicant who does not
meet the enrollment requirements of the particular program or
who cannot be served shall be referred for further assessment,
as necessary, and referred to appropriate programs in
accordance with subparagraph (A) to meet the basic skills and
training needs of the applicant.
(C) Involvement in design and implementation.--The local
board shall ensure that parents, participants, and other
members of the community with experience relating to programs
for youth are involved in the design and implementation of the
programs described in paragraph (1).
(4) Priority.--Not less than 20 percent of the funds allocated
to the local area as described in paragraph (1) shall be used to
provide in-school youth and out-of-school youth with activities
under paragraph (2)(C).
(5) Rule of construction.--Nothing in this chapter shall be
construed to require that each of the elements described in
subparagraphs of paragraph (2) be offered by each provider of youth
services.
(6) Prohibitions.--
(A) Prohibition against federal control of education.--No
provision of this Act shall be construed to authorize any
department, agency, officer, or employee of the United States
to exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any educational institution, school, or school
system, or over the selection of library resources, textbooks,
or other printed or published instructional materials by any
educational institution, school, or school system.
(B) Noninterference and nonreplacement of regular academic
requirements.--No funds described in paragraph (1) shall be
used to provide an activity for eligible youth who are not
school dropouts if participation in the activity would
interfere with or replace the regular academic requirements of
the youth.
(7) Linkages.--In coordinating the programs authorized under
this section, local boards shall establish linkages with local
educational agencies responsible for services to participants as
appropriate.
(8) Volunteers.--The local board shall make opportunities
available for individuals who have successfully participated in
programs carried out under this section to volunteer assistance to
participants in the form of mentoring, tutoring, and other
activities.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 131. GENERAL AUTHORIZATION.
The Secretary shall make allotments under paragraphs (1)(B) and
(2)(B) of section 132(b) to each State that meets the requirements of
section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of
section 132(b) to each outlying area that complies with the
requirements of this title, to assist the State or outlying area, and
to enable the State or outlying area to assist local areas, for the
purpose of providing workforce investment activities for adults, and
dislocated workers, in the State or outlying area and in the local
areas.
SEC. 132. STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) make allotments and grants from the amount appropriated
under section 136(b) for a fiscal year in accordance with
subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated under
section 136(c) for the fiscal year for use under subsection
(b)(2)(A), and under sections 168(b) (relating to dislocated worker
technical assistance), 169(c) (relating to dislocated worker
projects), and 170 (relating to national dislocated worker grants);
and
(B) make allotments from 80 percent of the amount appropriated
under section 136(c) for the fiscal year in accordance with
subsection (b)(2)(B).
(b) Allotment Among States.--
(1) Adult employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made available under
subsection (a)(1) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas.
(ii) Applicability of additional requirements.--From
the amount reserved under clause (i), the Secretary shall
provide assistance to the outlying areas for adult
employment and training activities and statewide workforce
investment activities in accordance with the requirements
of section 127(b)(1)(B).
(B) States.--
(i) In general.--After determining the amount to be
reserved under subparagraph (A), the Secretary shall allot
the remainder of the amount made available under subsection
(a)(1) for that fiscal year to the States pursuant to
clause (ii) for adult employment and training activities
and statewide workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and (iv), of
the remainder--
(I) 33\1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in
areas of substantial unemployment in each State,
compared to the total number of unemployed individuals
in areas of substantial unemployment in all States;
(II) 33\1/3\ percent shall be allotted on the basis
of the relative excess number of unemployed individuals
in each State, compared to the total excess number of
unemployed individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the
basis of the relative number of disadvantaged adults in
each State, compared to the total number of
disadvantaged adults in all States, except as described
in clause (iii).
(iii) Calculation.--In determining an allotment under
clause (ii)(III) for any State in which there is an area
that was designated as a local area as described in section
107(c)(1)(C), the allotment shall be based on the higher
of--
(I) the number of adults in families with an income
below the low-income level in such area; or
(II) the number of disadvantaged adults in such
area.
(iv) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
the Secretary shall ensure the following:
(I) Minimum percentage and allotment.--Subject to
subclause (IV), the Secretary shall ensure that no
State shall receive an allotment for a fiscal year that
is an amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal year.
(II) Small state minimum allotment.--Subject to
subclauses (I), (III), and (IV), the Secretary shall
ensure that no State shall receive an allotment under
this subparagraph that is less than the total of--
(aa) \3/10\ of 1 percent of $960,000,000 of the
remainder described in clause (i) for the fiscal
year; and
(bb) if the remainder described in clause (i)
for the fiscal year exceeds $960,000,000, \2/5\ of
1 percent of the excess.
(III) Maximum percentage.--Subject to subclause
(I), the Secretary shall ensure that no State shall
receive an allotment percentage for a fiscal year that
is more than 130 percent of the allotment percentage of
the State for the preceding fiscal year.
(IV) Minimum funding.--In any fiscal year in which
the remainder described in clause (i) does not exceed
$960,000,000, the minimum allotments under subclauses
(I) and (II) shall be calculated by the methodology
specified in section 132(b)(1)(B)(iv)(IV) of the
Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act).
(v) Definitions.--For the purpose of the formula
specified in this subparagraph:
(I) Adult.--The term ``adult'' means an individual
who is not less than age 22 and not more than age 72.
(II) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or
a subsequent fiscal year, means a percentage of the
remainder described in clause (i) that is received
through an allotment made under this subparagraph for
the fiscal year. The term, used with respect to fiscal
year 2014, means the percentage of the amount allotted
to States under section 132(b)(1)(B) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act) that is received
under such section by the State involved for fiscal
year 2014.
(III) Area of substantial unemployment.--The term
``area of substantial unemployment'' means any area
that is of sufficient size and scope to sustain a
program of workforce investment activities carried out
under this subtitle and that has an average rate of
unemployment of at least 6.5 percent for the most
recent 12 months, as determined by the Secretary. For
purposes of this subclause, determinations of areas of
substantial unemployment shall be made once each fiscal
year.
(IV) Disadvantaged adult.--Subject to subclause
(V), the term ``disadvantaged adult'' means an adult
who received an income, or is a member of a family that
received a total family income, that, in relation to
family size, does not exceed the higher of--
(aa) the poverty line; or
(bb) 70 percent of the lower living standard
income level.
(V) Disadvantaged adult special rule.--The
Secretary shall, as appropriate and to the extent
practicable, exclude college students and members of
the Armed Forces from the determination of the number
of disadvantaged adults.
(VI) Excess number.--The term ``excess number''
means, used with respect to the excess number of
unemployed individuals within a State, the higher of--
(aa) the number that represents the number of
unemployed individuals in excess of 4.5 percent of
the civilian labor force in the State; or
(bb) the number that represents the number of
unemployed individuals in excess of 4.5 percent of
the civilian labor force in areas of substantial
unemployment in such State.
(VII) Low-income level.--The term ``low-income
level'' means $7,000 with respect to income in 1969,
and for any later year means that amount that bears the
same relationship to $7,000 as the Consumer Price Index
for that year bears to the Consumer Price Index for
1969, rounded to the nearest $1,000.
(2) Dislocated worker employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made available under
subsection (a)(2)(A) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of the amount
appropriated under section 136(c) for the fiscal year to
provide assistance to the outlying areas.
(ii) Applicability of additional requirements.--From
the amount reserved under clause (i), the Secretary shall
provide assistance to the outlying areas for dislocated
worker employment and training activities and statewide
workforce investment activities in accordance with the
requirements of section 127(b)(1)(B).
(B) States.--
(i) In general.--The Secretary shall allot the amount
referred to in subsection (a)(2)(B) for a fiscal year to
the States pursuant to clause (ii) for dislocated worker
employment and training activities and statewide workforce
investment activities.
(ii) Formula.--Subject to clause (iii), of the amount--
(I) 33\1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in
each State, compared to the total number of unemployed
individuals in all States;
(II) 33\1/3\ percent shall be allotted on the basis
of the relative excess number of unemployed individuals
in each State, compared to the total excess number of
unemployed individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the
basis of the relative number of individuals in each
State who have been unemployed for 15 weeks or more,
compared to the total number of individuals in all
States who have been unemployed for 15 weeks or more.
(iii) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
for fiscal year 2016 and each subsequent fiscal year, the
Secretary shall ensure the following:
(I) Minimum percentage and allotment.--The
Secretary shall ensure that no State shall receive an
allotment for a fiscal year that is an amount based on
90 percent of the allotment percentage of the State for
the preceding fiscal year.
(II) Maximum percentage.--Subject to subclause (I),
the Secretary shall ensure that no State shall receive
an allotment percentage for a fiscal year that is more
than 130 percent of the allotment percentage of the
State for the preceding fiscal year.
(iv) Definitions.--For the purpose of the formula
specified in this subparagraph:
(I) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or
a subsequent fiscal year, means a percentage of the
amount described in clause (i) that is received through
an allotment made under this subparagraph for the
fiscal year.
(II) Excess number.--The term ``excess number''
means, used with respect to the excess number of
unemployed individuals within a State, the number that
represents the number of unemployed individuals in
excess of 4.5 percent of the civilian labor force in
the State.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with this
subsection, reallot to eligible States amounts that are made
available to States from allotments made under this section or a
corresponding provision of the Workforce Investment Act of 1998 for
employment and training activities and statewide workforce
investment activities (referred to individually in this subsection
as a ``State allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for a program
year for programs funded under subsection (b)(1)(B) (relating to
adult employment and training) or for programs funded under
subsection (b)(2)(B) (relating to dislocated worker employment and
training) is equal to the amount by which the unobligated balance
of the State allotments for adult employment and training
activities or dislocated worker employment and training activities,
respectively, at the end of the program year prior to the program
year for which the determination under this paragraph is made,
exceeds 20 percent of such allotments for the prior program year.
(3) Reallotment.--In making reallotments to eligible States of
amounts available pursuant to paragraph (2) for a program year, the
Secretary shall allot to each eligible State an amount based on the
relative amount of the State allotment under paragraph (1)(B) or
(2)(B), respectively, of subsection (b) for the program year for
which the determination is made, as compared to the total amount of
the State allotments under paragraph (1)(B) or (2)(B),
respectively, of subsection (b) for all eligible States for such
program year.
(4) Eligibility.--For purposes of this subsection, an eligible
State means--
(A) with respect to funds allotted through a State
allotment for adult employment and training activities, a State
that does not have an amount of such funds available for
reallotment under paragraph (2) for the program year for which
the determination under paragraph (2) is made; and
(B) with respect to funds allotted through a State
allotment for dislocated worker employment and training
activities, a State that does not have an amount of such funds
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within the
State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor shall
further prescribe equitable procedures for making funds available
from the State and local areas in the event that a State is
required to make funds available for reallotment under this
subsection.
SEC. 133. WITHIN STATE ALLOCATIONS.
(a) Reservations for State Activities.--
(1) Statewide workforce investment activities.--The Governor
shall make the reservation required under section 128(a).
(2) Statewide rapid response activities.--The Governor shall
reserve not more than 25 percent of the total amount allotted to
the State under section 132(b)(2)(B) for a fiscal year for
statewide rapid response activities described in section
134(a)(2)(A).
(b) Within State Allocation.--
(1) Methods.--The Governor, acting in accordance with the State
plan, and after consulting with chief elected officials and local
boards in the local areas, shall allocate--
(A) the funds that are allotted to the State for adult
employment and training activities and statewide workforce
investment activities under section 132(b)(1)(B) and are not
reserved under subsection (a)(1), in accordance with paragraph
(2) or (3); and
(B) the funds that are allotted to the State for dislocated
worker employment and training activities and statewide
workforce investment activities under section 132(b)(2)(B) and
are not reserved under paragraph (1) or (2) of subsection (a),
in accordance with paragraph (2).
(2) Formula allocations.--
(A) Adult employment and training activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1)(A) to local areas, a State may allocate--
(I) 33\1/3\ percent of the funds on the basis
described in section 132(b)(1)(B)(ii)(I);
(II) 33\1/3\ percent of the funds on the basis
described in section 132(b)(1)(B)(ii)(II); and
(III) 33\1/3\ percent of the funds on the basis
described in clauses (ii)(III) and (iii) of section
132(b)(1)(B).
(ii) Minimum percentage.--The local area shall not
receive an allocation percentage for a fiscal year that is
less than 90 percent of the average allocation percentage
of the local area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to local areas to
comply with the preceding sentence shall be obtained by
ratably reducing the allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph, for the fiscal
year. The term, used with respect to fiscal year 2013 or
2014, means a percentage of the amount allocated to local
areas under paragraphs (2)(A) and (3) of section 133(b) of
the Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act), received
through an allocation made under paragraph (2)(A) or (3) of
that section for fiscal year 2013 or 2014, respectively.
(B) Dislocated worker employment and training activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1)(B) to local areas, a State shall allocate the
funds based on an allocation formula prescribed by the
Governor of the State. Such formula may be amended by the
Governor not more than once for each program year. Such
formula shall utilize the most appropriate information
available to the Governor to distribute amounts to address
the State's worker readjustment assistance needs.
(ii) Information.--The information described in clause
(i) shall include insured unemployment data, unemployment
concentrations, plant closing and mass layoff data,
declining industries data, farmer-rancher economic hardship
data, and long-term unemployment data.
(iii) Minimum percentage.--The local area shall not
receive an allocation percentage for fiscal year 2016 or a
subsequent fiscal year that is less than 90 percent of the
average allocation percentage of the local area for the 2
preceding fiscal years. Amounts necessary for increasing
such allocations to local areas to comply with the
preceding sentence shall be obtained by ratably reducing
the allocations to be made to other local areas under this
subparagraph.
(iv) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph for the fiscal
year. The term, used with respect to fiscal year 2014,
means a percentage of the amount allocated to local areas
under section 133(b)(2)(B) of the Workforce Investment Act
of 1998 (as in effect on the day before the date of
enactment of this Act), received through an allocation made
under that section for fiscal year 2014.
(C) Application.--For purposes of carrying out subparagraph
(A)--
(i) references in section 132(b) to a State shall be
deemed to be references to a local area;
(ii) references in section 132(b) to all States shall
be deemed to be references to all local areas in the State
involved; and
(iii) except as described in clause (i), references in
section 132(b)(1) to the term ``excess number'' shall be
considered to be references to the term as defined in
section 132(b)(1).
(3) Adult employment and training discretionary allocations.--
In lieu of making the allocation described in paragraph (2)(A), in
allocating the funds described in paragraph (1)(A) to local areas,
a State may distribute--
(A) a portion equal to not less than 70 percent of the
funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a
formula that--
(i) incorporates additional factors (other than the
factors described in paragraph (2)(A)) relating to--
(I) excess poverty in urban, rural, and suburban
local areas; and
(II) excess unemployment above the State average in
urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by
the Secretary as part of the State plan.
(4) Transfer authority.--A local board may transfer, if such a
transfer is approved by the Governor, up to and including 100
percent of the funds allocated to the local area under paragraph
(2)(A) or (3), and up to and including 100 percent of the funds
allocated to the local area under paragraph (2)(B), for a fiscal
year between--
(A) adult employment and training activities; and
(B) dislocated worker employment and training activities.
(5) Allocation.--
(A) In general.--The Governor shall allocate the funds
described in paragraph (1) to local areas under paragraphs (2)
and (3) for the purpose of providing a single system of
employment and training activities for adults and dislocated
workers in accordance with subsections (c) and (d) of section
134.
(B) Additional requirements.--
(i) Adults.--Funds allocated under paragraph (2)(A) or
(3) shall be used by a local area to contribute to the
costs of the one-stop delivery system described in section
121(e) as determined under section 121(h) and to pay for
employment and training activities provided to adults in
the local area, consistent with section 134.
(ii) Dislocated workers.--Funds allocated under
paragraph (2)(B) shall be used by a local area to
contribute to the costs of the one-stop delivery system
described in section 121(e) as determined under section
121(h) and to pay for employment and training activities
provided to dislocated workers in the local area,
consistent with section 134.
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board, reallocate
to eligible local areas within the State amounts that are made
available to local areas from allocations made under paragraph
(2)(A) or (3) of subsection (b) or a corresponding provision of the
Workforce Investment Act of 1998 for adult employment and training
activities, or under subsection (b)(2)(B) or a corresponding
provision of the Workforce Investment Act of 1998 for dislocated
worker employment and training activities (referred to individually
in this subsection as a ``local allocation'') and that are
available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year--
(A) for adult employment and training activities is equal
to the amount by which the unobligated balance of the local
allocation under paragraph (2)(A) or (3) of subsection (b) for
such activities, at the end of the program year prior to the
program year for which the determination under this
subparagraph is made, exceeds 20 percent of such allocation for
the prior program year; and
(B) for dislocated worker employment and training
activities is equal to the amount by which the unobligated
balance of the local allocation under subsection (b)(2)(B) for
such activities, at the end of the program year prior to the
program year for which the determination under this
subparagraph is made, exceeds 20 percent of such allocation for
the prior program year.
(3) Reallocation.--In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program
year, the Governor shall allocate to each eligible local area
within the State--
(A) with respect to such available amounts that were
allocated under paragraph (2)(A) or (3) of subsection (b), an
amount based on the relative amount of the local allocation
under paragraph (2)(A) or (3) of subsection (b), as
appropriate, for the program year for which the determination
is made, as compared to the total amount of the local
allocations under paragraph (2)(A) or (3) of subsection (b), as
appropriate, for all eligible local areas in the State for such
program year; and
(B) with respect to such available amounts that were
allocated under subsection (b)(2)(B), an amount based on the
relative amount of the local allocation under subsection
(b)(2)(B) for the program year for which the determination is
made, as compared to the total amount of the local allocations
under subsection (b)(2)(B) for all eligible local areas in the
State for such program year.
(4) Eligibility.--For purposes of this subsection, an eligible
local area means--
(A) with respect to funds allocated through a local
allocation for adult employment and training activities, a
local area that does not have an amount of such funds available
for reallocation under paragraph (2) for the program year for
which the determination under paragraph (2) is made; and
(B) with respect to funds allocated through a local
allocation for dislocated worker employment and training
activities, a local area that does not have an amount of such
funds available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2) is
made.
SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Statewide Employment and Training Activities.--
(1) In general.--Funds reserved by a Governor--
(A) as described in section 133(a)(2) shall be used to
carry out the statewide rapid response activities described in
paragraph (2)(A); and
(B) as described in sections 128(a) and 133(a)(1)--
(i) shall be used to carry out the statewide employment
and training activities described in paragraph (2)(B); and
(ii) may be used to carry out any of the statewide
employment and training activities described in paragraph
(3),
regardless of whether the funds were allotted to the State
under section 127(b)(1) or under paragraph (1) or (2) of
section 132(b).
(2) Required statewide employment and training activities.--
(A) Statewide rapid response activities.--
(i) In general.--A State shall carry out statewide
rapid response activities using funds reserved by the
Governor for the State under section 133(a)(2), which
activities shall include--
(I) provision of rapid response activities, carried
out in local areas by the State or by an entity
designated by the State, working in conjunction with
the local boards and the chief elected officials for
the local areas; and
(II) provision of additional assistance to local
areas that experience disasters, mass layoffs, or plant
closings, or other events that precipitate substantial
increases in the number of unemployed individuals,
carried out in local areas by the State, working in
conjunction with the local boards and the chief elected
officials for the local areas.
(ii) Use of unobligated funds.--Funds reserved by a
Governor under section 133(a)(2), and section 133(a)(2) of
the Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act), to carry out
this subparagraph that remain unobligated after the first
program year for which such funds were allotted may be used
by the Governor to carry out statewide activities
authorized under subparagraph (B) or paragraph (3)(A), in
addition to activities under this subparagraph.
(B) Statewide employment and training activities.--Funds
reserved by a Governor under sections 128(a)(1) and 133(a)(1)
and not used under paragraph (1)(A) (regardless of whether the
funds were allotted to the States under section 127(b)(1)(C) or
paragraph (1)(B) or (2)(B) of section 132(b)) shall be used for
statewide employment and training activities, including--
(i) providing assistance to--
(I) State entities and agencies, local areas, and
one-stop partners in carrying out the activities
described in the State plan, including the coordination
and alignment of data systems used to carry out the
requirements of this Act;
(II) local areas for carrying out the regional
planning and service delivery efforts required under
section 106(c);
(III) local areas by providing information on and
support for the effective development, convening, and
implementation of industry or sector partnerships; and
(IV) local areas, one-stop operators, one-stop
partners, and eligible providers, including the
development and training of staff, which may include
the development and training of staff to provide
opportunities for individuals with barriers to
employment to enter in-demand industry sectors or
occupations and nontraditional occupations, the
development of exemplary program activities, and the
provision of technical assistance to local areas that
fail to meet local performance accountability measures
described in section 116(c);
(ii) providing assistance to local areas as described
in section 106(b)(6);
(iii) operating a fiscal and management accountability
information system in accordance with section 116(i);
(iv) carrying out monitoring and oversight of
activities carried out under this chapter and chapter 2;
(v) disseminating--
(I) the State list of eligible providers of
training services, including eligible providers of
nontraditional training services and eligible providers
of apprenticeship programs described in section
122(a)(2)(B);
(II) information identifying eligible providers of
on-the-job training, customized training, incumbent
worker training, internships, paid or unpaid work
experience opportunities, or transitional jobs;
(III) information on effective outreach to,
partnerships with, and services for, business;
(IV) information on effective service delivery
strategies to serve workers and job seekers;
(V) performance information and information on the
cost of attendance (including tuition and fees) for
participants in applicable programs, as described in
subsections (d) and (h) of section 122; and
(VI) information on physical and programmatic
accessibility, in accordance with section 188, if
applicable, and the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), for individuals with
disabilities; and
(vi) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 2 in
coordination with evaluations carried out by the Secretary
under section 169(a).
(3) Allowable statewide employment and training activities.--
(A) In general.--Funds reserved by a Governor under
sections 128(a)(1) and 133(a)(1) and not used under paragraph
(1)(A) or (2)(B) (regardless of whether the funds were allotted
to the State under section 127(b)(1)(C) or paragraph (1)(B) or
(2)(B) of section 132(b)) may be used to carry out additional
statewide employment and training activities, which may
include--
(i) implementing innovative programs and strategies
designed to meet the needs of all employers (including
small employers) in the State, which programs and
strategies may include incumbent worker training programs,
customized training, sectoral and industry cluster
strategies and implementation of industry or sector
partnerships, career pathway programs, microenterprise and
entrepreneurial training and support programs, utilization
of effective business intermediaries, layoff aversion
strategies, activities to improve linkages between the one-
stop delivery system in the State and all employers
(including small employers) in the State, and other
business services and strategies that better engage
employers in workforce investment activities and make the
workforce development system more relevant to the needs of
State and local businesses, consistent with the objectives
of this title;
(ii) developing strategies for effectively serving
individuals with barriers to employment and for
coordinating programs and services among one-stop partners;
(iii) the development or identification of education
and training programs that respond to real-time labor
market analysis, that utilize direct assessment and prior
learning assessment to measure and provide credit for prior
knowledge, skills, competencies, and experiences, that
evaluate such skills and competencies for adaptability,
that ensure credits are portable and stackable for more
skilled employment, and that accelerate course or
credential completion;
(iv) implementing programs to increase the number of
individuals training for and placed in nontraditional
employment;
(v) carrying out activities to facilitate remote access
to services, including training services described in
subsection (c)(3), provided through a one-stop delivery
system, including facilitating access through the use of
technology;
(vi) supporting the provision of career services
described in subsection (c)(2) in the one-stop delivery
systems in the State;
(vii) coordinating activities with the child welfare
system to facilitate provision of services for children and
youth who are eligible for assistance under section 477 of
the Social Security Act (42 U.S.C. 677);
(viii) activities--
(I) to improve coordination of workforce investment
activities with economic development activities;
(II) to improve coordination of employment and
training activities with--
(aa) child support services, and assistance
provided by State and local agencies carrying out
part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.);
(bb) cooperative extension programs carried out
by the Department of Agriculture;
(cc) programs carried out in local areas for
individuals with disabilities, including programs
carried out by State agencies relating to
intellectual disabilities and developmental
disabilities, activities carried out by Statewide
Independent Living Councils established under
section 705 of the Rehabilitation Act of 1973 (29
U.S.C. 796d), programs funded under part B of
chapter 1 of title VII of such Act (29 U.S.C. 796e
et seq.), and activities carried out by centers for
independent living, as defined in section 702 of
such Act (29 U.S.C. 796a);
(dd) adult education and literacy activities,
including those provided by public libraries;
(ee) activities in the corrections system that
assist ex-offenders in reentering the workforce;
and
(ff) financial literacy activities including
those described in section 129(b)(2)(D); and
(III) consisting of development and dissemination
of workforce and labor market information;
(ix) conducting research and demonstration projects
related to meeting the employment and education needs of
adult and dislocated workers;
(x) implementing promising services for workers and
businesses, which may include providing support for
education, training, skill upgrading, and statewide
networking for employees to become workplace learning
advisors and maintain proficiency in carrying out the
activities associated with such advising;
(xi) providing incentive grants to local areas for
performance by the local areas on local performance
accountability measures described in section 116(c);
(xii) adopting, calculating, or commissioning for
approval an economic self-sufficiency standard for the
State that specifies the income needs of families, by
family size, the number and ages of children in the family,
and substate geographical considerations;
(xiii) developing and disseminating common intake
procedures and related items, including registration
processes, materials, or software; and
(xiv) providing technical assistance to local areas
that are implementing pay-for-performance contract
strategies, which technical assistance may include
providing assistance with data collection, meeting data
entry requirements, identifying levels of performance, and
conducting evaluations of such strategies.
(B) Limitation.--
(i) In general.--Of the funds allotted to a State under
sections 127(b) and 132(b) and reserved as described in
sections 128(a) and 133(a)(1) for a fiscal year--
(I) not more than 5 percent of the amount allotted
under section 127(b)(1);
(II) not more than 5 percent of the amount allotted
under section 132(b)(1); and
(III) not more than 5 percent of the amount
allotted under section 132(b)(2),
may be used by the State for the administration of
statewide youth workforce investment activities carried out
under section 129 and statewide employment and training
activities carried out under this section.
(ii) Use of funds.--Funds made available for
administrative costs under clause (i) may be used for the
administrative cost of any of the statewide youth workforce
investment activities or statewide employment and training
activities, regardless of whether the funds were allotted
to the State under section 127(b)(1) or paragraph (1) or
(2) of section 132(b).
(b) Local Employment and Training Activities.--Funds allocated to a
local area for adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to a local area for dislocated
workers under section 133(b)(2)(B)--
(1) shall be used to carry out employment and training
activities described in subsection (c) for adults or dislocated
workers, respectively; and
(2) may be used to carry out employment and training activities
described in subsection (d) for adults or dislocated workers,
respectively.
(c) Required Local Employment and Training Activities.--
(1) In general.--
(A) Allocated funds.--Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), shall be used--
(i) to establish a one-stop delivery system described
in section 121(e);
(ii) to provide the career services described in
paragraph (2) to adults and dislocated workers,
respectively, through the one-stop delivery system in
accordance with such paragraph;
(iii) to provide training services described in
paragraph (3) to adults and dislocated workers,
respectively, described in such paragraph;
(iv) to establish and develop relationships and
networks with large and small employers and their
intermediaries; and
(v) to develop, convene, or implement industry or
sector partnerships.
(B) Other funds.--Consistent with subsections (h) and (i)
of section 121, a portion of the funds made available under
Federal law authorizing the programs and activities described
in section 121(b)(1)(B), including the Wagner-Peyser Act (29
U.S.C. 49 et seq.), shall be used as described in clauses (i)
and (ii) of subparagraph (A), to the extent not inconsistent
with the Federal law involved.
(2) Career services.--
(A) Services provided.--Funds described in paragraph (1)
shall be used to provide career services, which shall be
available to individuals who are adults or dislocated workers
through the one-stop delivery system and shall, at a minimum,
include--
(i) determinations of whether the individuals are
eligible to receive assistance under this subtitle;
(ii) outreach, intake (which may include worker
profiling), and orientation to the information and other
services available through the one-stop delivery system;
(iii) initial assessment of skill levels (including
literacy, numeracy, and English language proficiency),
aptitudes, abilities (including skills gaps), and
supportive service needs;
(iv) labor exchange services, including--
(I) job search and placement assistance and, in
appropriate cases, career counseling, including--
(aa) provision of information on in-demand
industry sectors and occupations; and
(bb) provision of information on nontraditional
employment; and
(II) appropriate recruitment and other business
services on behalf of employers, including small
employers, in the local area, which services may
include services described in this subsection, such as
providing information and referral to specialized
business services not traditionally offered through the
one-stop delivery system;
(v) provision of referrals to and coordination of
activities with other programs and services, including
programs and services within the one-stop delivery system
and, in appropriate cases, other workforce development
programs;
(vi) provision of workforce and labor market employment
statistics information, including the provision of accurate
information relating to local, regional, and national labor
market areas, including--
(I) job vacancy listings in such labor market
areas;
(II) information on job skills necessary to obtain
the jobs described in subclause (I); and
(III) information relating to local occupations in
demand and the earnings, skill requirements, and
opportunities for advancement for such occupations; and
(vii) provision of performance information and program
cost information on eligible providers of training services
as described in section 122, provided by program, and
eligible providers of youth workforce investment activities
described in section 123, providers of adult education
described in title II, providers of career and technical
education activities at the postsecondary level, and career
and technical education activities available to school
dropouts, under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), and
providers of vocational rehabilitation services described
in title I of the Rehabilitation Act of 1973 (29 U.S.C. 720
et seq.);
(viii) provision of information, in formats that are
usable by and understandable to one-stop center customers,
regarding how the local area is performing on the local
performance accountability measures described in section
116(c) and any additional performance information with
respect to the one-stop delivery system in the local area;
(ix)(I) provision of information, in formats that are
usable by and understandable to one-stop center customers,
relating to the availability of supportive services or
assistance, including child care, child support, medical or
child health assistance under title XIX or XXI of the
Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et
seq.), benefits under the supplemental nutrition assistance
program established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), assistance through the earned
income tax credit under section 32 of the Internal Revenue
Code of 1986, and assistance under a State program for
temporary assistance for needy families funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) and other supportive services and transportation
provided through funds made available under such part,
available in the local area; and
(II) referral to the services or assistance described
in subclause (I), as appropriate;
(x) provision of information and assistance regarding
filing claims for unemployment compensation;
(xi) assistance in establishing eligibility for
programs of financial aid assistance for training and
education programs that are not funded under this Act;
(xii) services, if determined to be appropriate in
order for an individual to obtain or retain employment,
that consist of--
(I) comprehensive and specialized assessments of
the skill levels and service needs of adults and
dislocated workers, which may include--
(aa) diagnostic testing and use of other
assessment tools; and
(bb) in-depth interviewing and evaluation to
identify employment barriers and appropriate
employment goals;
(II) development of an individual employment plan,
to identify the employment goals, appropriate
achievement objectives, and appropriate combination of
services for the participant to achieve the employment
goals, including providing information on eligible
providers of training services pursuant to paragraph
(3)(F)(ii), and career pathways to attain career
objectives;
(III) group counseling;
(IV) individual counseling;
(V) career planning;
(VI) short-term prevocational services, including
development of learning skills, communication skills,
interviewing skills, punctuality, personal maintenance
skills, and professional conduct, to prepare
individuals for unsubsidized employment or training;
(VII) internships and work experiences that are
linked to careers;
(VIII) workforce preparation activities;
(IX) financial literacy services, such as the
activities described in section 129(b)(2)(D);
(X) out-of-area job search assistance and
relocation assistance; or
(XI) English language acquisition and integrated
education and training programs; and
(xiii) followup services, including counseling
regarding the workplace, for participants in workforce
investment activities authorized under this subtitle who
are placed in unsubsidized employment, for not less than 12
months after the first day of the employment, as
appropriate.
(B) Use of previous assessments.--A one-stop operator or
one-stop partner shall not be required to conduct a new
interview, evaluation, or assessment of a participant under
subparagraph (A)(xii) if the one-stop operator or one-stop
partner determines that it is appropriate to use a recent
interview, evaluation, or assessment of the participant
conducted pursuant to another education or training program.
(C) Delivery of services.--The career services described in
subparagraph (A) shall be provided through the one-stop
delivery system--
(i) directly through one-stop operators identified
pursuant to section 121(d); or
(ii) through contracts with service providers, which
may include contracts with public, private for-profit, and
private nonprofit service providers, approved by the local
board.
(3) Training services.--
(A) In general.--
(i) Eligibility.--Except as provided in clause (ii),
funds allocated to a local area for adults under paragraph
(2)(A) or (3), as appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers under
section 133(b)(2)(B), shall be used to provide training
services to adults and dislocated workers, respectively--
(I) who, after an interview, evaluation, or
assessment, and career planning, have been determined
by a one-stop operator or one-stop partner, as
appropriate, to--
(aa) be unlikely or unable to obtain or retain
employment, that leads to economic self-sufficiency
or wages comparable to or higher than wages from
previous employment, through the career services
described in paragraph (2)(A)(xii);
(bb) be in need of training services to obtain
or retain employment that leads to economic self-
sufficiency or wages comparable to or higher than
wages from previous employment; and
(cc) have the skills and qualifications to
successfully participate in the selected program of
training services;
(II) who select programs of training services that
are directly linked to the employment opportunities in
the local area or the planning region, or in another
area to which the adults or dislocated workers are
willing to commute or relocate;
(III) who meet the requirements of subparagraph
(B); and
(IV) who are determined to be eligible in
accordance with the priority system in effect under
subparagraph (E).
(ii) Use of previous assessments.--A one-stop operator
or one-stop partner shall not be required to conduct a new
interview, evaluation, or assessment of a participant under
clause (i) if the one-stop operator or one-stop partner
determines that it is appropriate to use a recent
interview, evaluation, or assessment of the participant
conducted pursuant to another education or training
program.
(iii) Rule of construction.--Nothing in this
subparagraph shall be construed to mean an individual is
required to receive career services prior to receiving
training services.
(B) Qualification.--
(i) Requirement.--Notwithstanding section 479B of the
Higher Education Act of 1965 (20 U.S.C. 1087uu) and except
as provided in clause (ii), provision of such training
services shall be limited to individuals who--
(I) are unable to obtain other grant assistance for
such services, including Federal Pell Grants
established under subpart 1 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070a et
seq.); or
(II) require assistance beyond the assistance made
available under other grant assistance programs,
including Federal Pell Grants.
(ii) Reimbursements.--Training services may be provided
under this paragraph to an individual who otherwise meets
the requirements of this paragraph while an application for
a Federal Pell Grant is pending, except that if such
individual is subsequently awarded a Federal Pell Grant,
appropriate reimbursement shall be made to the local area
from such Federal Pell Grant.
(iii) Consideration.--In determining whether an
individual requires assistance under clause (i)(II), a one-
stop operator (or one-stop partner, where appropriate) may
take into consideration the full cost of participating in
training services, including the costs of dependent care
and transportation, and other appropriate costs.
(C) Provider qualification.--Training services shall be
provided through providers identified in accordance with
section 122.
(D) Training services.--Training services may include--
(i) occupational skills training, including training
for nontraditional employment;
(ii) on-the-job training;
(iii) incumbent worker training in accordance with
subsection (d)(4);
(iv) programs that combine workplace training with
related instruction, which may include cooperative
education programs;
(v) training programs operated by the private sector;
(vi) skill upgrading and retraining;
(vii) entrepreneurial training;
(viii) transitional jobs in accordance with subsection
(d)(5);
(ix) job readiness training provided in combination
with services described in any of clauses (i) through
(viii);
(x) adult education and literacy activities, including
activities of English language acquisition and integrated
education and training programs, provided concurrently or
in combination with services described in any of clauses
(i) through (vii); and
(xi) customized training conducted with a commitment by
an employer or group of employers to employ an individual
upon successful completion of the training.
(E) Priority.--With respect to funds allocated to a local
area for adult employment and training activities under
paragraph (2)(A) or (3) of section 133(b), priority shall be
given to recipients of public assistance, other low-income
individuals, and individuals who are basic skills deficient for
receipt of career services described in paragraph (2)(A)(xii)
and training services. The appropriate local board and the
Governor shall direct the one-stop operators in the local area
with regard to making determinations related to such priority.
(F) Consumer choice requirements.--
(i) In general.--Training services provided under this
paragraph shall be provided in a manner that maximizes
consumer choice in the selection of an eligible provider of
such services.
(ii) Eligible providers.--Each local board, through
one-stop centers, shall make available the list of eligible
providers of training services described in section 122(d),
and accompanying information, in accordance with section
122(d).
(iii) Individual training accounts.--An individual who
seeks training services and who is eligible pursuant to
subparagraph (A), may, in consultation with a career
planner, select an eligible provider of training services
from the list of providers described in clause (ii). Upon
such selection, the one-stop operator involved shall, to
the extent practicable, refer such individual to the
eligible provider of training services, and arrange for
payment for such services through an individual training
account.
(iv) Coordination.--Each local board may, through one-
stop centers, coordinate funding for individual training
accounts with funding from other Federal, State, local, or
private job training programs or sources to assist the
individual in obtaining training services.
(v) Additional information.--Priority consideration
shall, consistent with clause (i), be given to programs
that lead to recognized postsecondary credentials that are
aligned with in-demand industry sectors or occupations in
the local area involved.
(G) Use of individual training accounts.--
(i) In general.--Except as provided in clause (ii),
training services provided under this paragraph shall be
provided through the use of individual training accounts in
accordance with this paragraph, and shall be provided to
eligible individuals through the one-stop delivery system.
(ii) Training contracts.--Training services authorized
under this paragraph may be provided pursuant to a contract
for services in lieu of an individual training account if--
(I) the requirements of subparagraph (F) are met;
(II) such services are on-the-job training,
customized training, incumbent worker training, or
transitional employment;
(III) the local board determines there are an
insufficient number of eligible providers of training
services in the local area involved (such as in a rural
area) to accomplish the purposes of a system of
individual training accounts;
(IV) the local board determines that there is a
training services program of demonstrated effectiveness
offered in the local area by a community-based
organization or another private organization to serve
individuals with barriers to employment;
(V) the local board determines that--
(aa) it would be most appropriate to award a
contract to an institution of higher education or
other eligible provider of training services in
order to facilitate the training of multiple
individuals in in-demand industry sectors or
occupations; and
(bb) such contract does not limit customer
choice; or
(VI) the contract is a pay-for-performance
contract.
(iii) Linkage to occupations in demand.--Training
services provided under this paragraph shall be directly
linked to an in-demand industry sector or occupation in the
local area or the planning region, or in another area to
which an adult or dislocated worker receiving such services
is willing to relocate, except that a local board may
approve training services for occupations determined by the
local board to be in sectors of the economy that have a
high potential for sustained demand or growth in the local
area.
(iv) Rule of construction.--Nothing in this paragraph
shall be construed to preclude the combined use of
individual training accounts and contracts in the provision
of training services, including arrangements that allow
individuals receiving individual training accounts to
obtain training services that are contracted for under
clause (ii).
(H) Reimbursement for on-the-job training.--
(i) Reimbursement level.--For purposes of the provision
of on-the-job training under this paragraph, the Governor
or local board involved may increase the amount of the
reimbursement described in section 3(44) to an amount of up
to 75 percent of the wage rate of a participant for a
program carried out under chapter 2 or this chapter, if,
respectively--
(I) the Governor approves the increase with respect
to a program carried out with funds reserved by the
State under that chapter, taking into account the
factors described in clause (ii); or
(II) the local board approves the increase with
respect to a program carried out with funds allocated
to a local area under such chapter, taking into account
those factors.
(ii) Factors.--For purposes of clause (i), the Governor
or local board, respectively, shall take into account
factors consisting of--
(I) the characteristics of the participants;
(II) the size of the employer;
(III) the quality of employer-provided training and
advancement opportunities; and
(IV) such other factors as the Governor or local
board, respectively, may determine to be appropriate,
which may include the number of employees participating
in the training, wage and benefit levels of those
employees (at present and anticipated upon completion
of the training), and relation of the training to the
competitiveness of a participant.
(d) Permissible Local Employment and Training Activities.--
(1) In general.--
(A) Activities.--Funds allocated to a local area for adults
under paragraph (2)(A) or (3), as appropriate, of section
133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used to provide,
through the one-stop delivery system involved (and through
collaboration with the local board, for the purpose of the
activities described in clauses (vii) and (ix))--
(i) customized screening and referral of qualified
participants in training services described in subsection
(c)(3) to employers;
(ii) customized employment-related services to
employers, employer associations, or other such
organizations on a fee-for-service basis;
(iii) implementation of a pay-for-performance contract
strategy for training services, for which the local board
may reserve and use not more than 10 percent of the total
funds allocated to the local area under paragraph (2) or
(3) of section 133(b);
(iv) customer support to enable individuals with
barriers to employment (including individuals with
disabilities) and veterans, to navigate among multiple
services and activities for such populations;
(v) technical assistance for one-stop operators, one-
stop partners, and eligible providers of training services,
regarding the provision of services to individuals with
disabilities in local areas, including the development and
training of staff, the provision of outreach, intake,
assessments, and service delivery, the coordination of
services across providers and programs, and the development
of performance accountability measures;
(vi) employment and training activities provided in
coordination with--
(I) child support enforcement activities of the
State and local agencies carrying out part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.);
(II) child support services, and assistance,
provided by State and local agencies carrying out part
D of title IV of the Social Security Act (42 U.S.C. 651
et seq.);
(III) cooperative extension programs carried out by
the Department of Agriculture; and
(IV) activities to facilitate remote access to
services provided through a one-stop delivery system,
including facilitating access through the use of
technology;
(vii) activities--
(I) to improve coordination between workforce
investment activities and economic development
activities carried out within the local area involved,
and to promote entrepreneurial skills training and
microenterprise services;
(II) to improve services and linkages between the
local workforce investment system (including the local
one-stop delivery system) and employers, including
small employers, in the local area, through services
described in this section; and
(III) to strengthen linkages between the one-stop
delivery system and unemployment insurance programs;
(viii) training programs for displaced homemakers and
for individuals training for nontraditional occupations, in
conjunction with programs operated in the local area;
(ix) activities to provide business services and
strategies that meet the workforce investment needs of area
employers, as determined by the local board, consistent
with the local plan under section 108, which services--
(I) may be provided through effective business
intermediaries working in conjunction with the local
board, and may also be provided on a fee-for-service
basis or through the leveraging of economic
development, philanthropic, and other public and
private resources in a manner determined appropriate by
the local board; and
(II) may include--
(aa) developing and implementing industry
sector strategies (including strategies involving
industry partnerships, regional skills alliances,
industry skill panels, and sectoral skills
partnerships);
(bb) developing and delivering innovative
workforce investment services and strategies for
area employers, which may include career pathways,
skills upgrading, skill standard development and
certification for recognized postsecondary
credential or other employer use, apprenticeship,
and other effective initiatives for meeting the
workforce investment needs of area employers and
workers;
(cc) assistance to area employers in managing
reductions in force in coordination with rapid
response activities provided under subsection
(a)(2)(A) and with strategies for the aversion of
layoffs, which strategies may include early
identification of firms at risk of layoffs, use of
feasibility studies to assess the needs of and
options for at-risk firms, and the delivery of
employment and training activities to address risk
factors; and
(dd) the marketing of business services offered
under this title, to appropriate area employers,
including small and mid-sized employers;
(x) activities to adjust the economic self-sufficiency
standards referred to in subsection (a)(3)(A)(xii) for
local factors, or activities to adopt, calculate, or
commission for approval, economic self-sufficiency
standards for the local areas that specify the income needs
of families, by family size, the number and ages of
children in the family, and substate geographical
considerations;
(xi) improved coordination between employment and
training activities and programs carried out in the local
area for individuals with disabilities, including programs
carried out by State agencies relating to intellectual
disabilities and developmental disabilities, activities
carried out by Statewide Independent Living Councils
established under section 705 of the Rehabilitation Act of
1973 (29 U.S.C. 796d), programs funded under part B of
chapter 1 of title VII of such Act (29 U.S.C. 796e et
seq.), and activities carried out by centers for
independent living, as defined in section 702 of such Act
(29 U.S.C. 796a); and
(xii) implementation of promising services to workers
and businesses, which may include support for education,
training, skill upgrading, and statewide networking for
employees to become workplace learning advisors and
maintain proficiency in carrying out the activities
associated with such advising.
(B) Work support activities for low-wage workers.--
(i) In general.--Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), may be used
to provide, through the one-stop delivery system involved,
work support activities designed to assist low-wage workers
in retaining and enhancing employment. The one-stop
partners of the system shall coordinate the appropriate
programs and resources of the partners with the activities
and resources provided under this subparagraph.
(ii) Activities.--The work support activities described
in clause (i) may include the provision of activities
described in this section through the one-stop delivery
system in a manner that enhances the opportunities of such
workers to participate in the activities, such as the
provision of activities described in this section during
nontraditional hours and the provision of onsite child care
while such activities are being provided.
(2) Supportive services.--Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of section
133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used to provide
supportive services to adults and dislocated workers,
respectively--
(A) who are participating in programs with activities
authorized in paragraph (2) or (3) of subsection (c); and
(B) who are unable to obtain such supportive services
through other programs providing such services.
(3) Needs-related payments.--
(A) In general.--Funds allocated to a local area for adults
under paragraph (2)(A) or (3), as appropriate, of section
133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used to provide
needs-related payments to adults and dislocated workers,
respectively, who are unemployed and do not qualify for (or
have ceased to qualify for) unemployment compensation for the
purpose of enabling such individuals to participate in programs
of training services under subsection (c)(3).
(B) Additional eligibility requirements.--In addition to
the requirements contained in subparagraph (A), a dislocated
worker who has ceased to qualify for unemployment compensation
may be eligible to receive needs-related payments under this
paragraph only if such worker was enrolled in the training
services--
(i) by the end of the 13th week after the most recent
layoff that resulted in a determination of the worker's
eligibility for employment and training activities for
dislocated workers under this subtitle; or
(ii) if later, by the end of the 8th week after the
worker is informed that a short-term layoff will exceed 6
months.
(C) Level of payments.--The level of a needs-related
payment made to a dislocated worker under this paragraph shall
not exceed the greater of--
(i) the applicable level of unemployment compensation;
or
(ii) if such worker did not qualify for unemployment
compensation, an amount equal to the poverty line, for an
equivalent period, which amount shall be adjusted to
reflect changes in total family income.
(4) Incumbent worker training programs.--
(A) In general.--
(i) Standard reservation of funds.--The local board may
reserve and use not more than 20 percent of the funds
allocated to the local area involved under section 133(b)
to pay for the Federal share of the cost of providing
training through a training program for incumbent workers,
carried out in accordance with this paragraph.
(ii) Determination of eligibility.--For the purpose of
determining the eligibility of an employer to receive
funding under clause (i), the local board shall take into
account factors consisting of--
(I) the characteristics of the participants in the
program;
(II) the relationship of the training to the
competitiveness of a participant and the employer; and
(III) such other factors as the local board may
determine to be appropriate, which may include the
number of employees participating in the training, the
wage and benefit levels of those employees (at present
and anticipated upon completion of the training), and
the existence of other training and advancement
opportunities provided by the employer.
(iii) Statewide impact.--The Governor or State board
involved may make recommendations to the local board for
providing incumbent worker training that has statewide
impact.
(B) Training activities.--The training program for
incumbent workers carried out under this paragraph shall be
carried out by the local board in conjunction with the
employers or groups of employers of such workers (which may
include employers in partnership with other entities for the
purposes of delivering training) for the purpose of assisting
such workers in obtaining the skills necessary to retain
employment or avert layoffs.
(C) Employer payment of non-federal share.--Employers
participating in the program carried out under this paragraph
shall be required to pay for the non-Federal share of the cost
of providing the training to incumbent workers of the
employers.
(D) Non-federal share.--
(i) Factors.--Subject to clause (ii), the local board
shall establish the non-Federal share of such cost (taking
into consideration such other factors as the number of
employees participating in the training, the wage and
benefit levels of the employees (at the beginning and
anticipated upon completion of the training), the
relationship of the training to the competitiveness of the
employer and employees, and the availability of other
employer-provided training and advancement opportunities.
(ii) Limits.--The non-Federal share shall not be less
than--
(I) 10 percent of the cost, for employers with not
more than 50 employees;
(II) 25 percent of the cost, for employers with
more than 50 employees but not more than 100 employees;
and
(III) 50 percent of the cost, for employers with
more than 100 employees.
(iii) Calculation of employer share.--The non-Federal
share provided by an employer participating in the program
may include the amount of the wages paid by the employer to
a worker while the worker is attending a training program
under this paragraph. The employer may provide the share in
cash or in kind, fairly evaluated.
(5) Transitional jobs.--The local board may use not more than
10 percent of the funds allocated to the local area involved under
section 133(b) to provide transitional jobs under subsection (c)(3)
that--
(A) are time-limited work experiences that are subsidized
and are in the public, private, or nonprofit sectors for
individuals with barriers to employment who are chronically
unemployed or have an inconsistent work history;
(B) are combined with comprehensive employment and
supportive services; and
(C) are designed to assist the individuals described in
subparagraph (A) to establish a work history, demonstrate
success in the workplace, and develop the skills that lead to
entry into and retention in unsubsidized employment.
CHAPTER 4--GENERAL WORKFORCE INVESTMENT PROVISIONS
SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
(a) Youth Workforce Investment Activities.--There are authorized to
be appropriated to carry out the activities described in section
127(a), $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year
2016, $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year
2018, $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal
year 2020.
(b) Adult Employment and Training Activities.--There are authorized
to be appropriated to carry out the activities described in section
132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 for fiscal
year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal
year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for
fiscal year 2020.
(c) Dislocated Worker Employment and Training Activities.--There
are authorized to be appropriated to carry out the activities described
in section 132(a)(2), $1,222,457,000 for fiscal year 2015,
$1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal year
2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal
year 2019, and $1,436,137,000 for fiscal year 2020.
Subtitle C--Job Corps
SEC. 141. PURPOSES.
The purposes of this subtitle are--
(1) to maintain a national Job Corps program, carried out in
partnership with States and communities, to--
(A) assist eligible youth to connect to the labor force by
providing them with intensive social, academic, career and
technical education, and service-learning opportunities, in
primarily residential centers, in order for such youth to
obtain secondary school diplomas or recognized postsecondary
credentials leading to--
(i) successful careers, in in-demand industry sectors
or occupations or the Armed Forces, that will result in
economic self-sufficiency and opportunities for
advancement; or
(ii) enrollment in postsecondary education, including
an apprenticeship program; and
(B) support responsible citizenship;
(2) to set forth standards and procedures for selecting
individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps centers in
which enrollees will participate in intensive programs of
activities described in this subtitle; and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continuing
development of the Job Corps.
SEC. 142. DEFINITIONS.
In this subtitle:
(1) Applicable local board.--The term ``applicable local
board'' means a local board--
(A) that provides information for a Job Corps center on
local employment opportunities and the job skills needed to
obtain the opportunities; and
(B) that serves communities in which the graduates of the
Job Corps center seek employment.
(2) Applicable one-stop center.--The term ``applicable one-stop
center'' means a one-stop center that provides services, such as
referral, assessment, recruitment, and placement, to support the
purposes of the Job Corps.
(3) Enrollee.--The term ``enrollee'' means an individual who
has voluntarily applied for, been selected for, and enrolled in the
Job Corps program, and remains with the program, but has not yet
become a graduate.
(4) Former enrollee.--The term ``former enrollee'' means an
individual who has voluntarily applied for, been selected for, and
enrolled in the Job Corps program, but left the program prior to
becoming a graduate.
(5) Graduate.--The term ``graduate'' means an individual who
has voluntarily applied for, been selected for, and enrolled in the
Job Corps program and who, as a result of participation in the Job
Corps program, has received a secondary school diploma or
recognized equivalent, or completed the requirements of a career
and technical education and training program that prepares
individuals for employment leading to economic self-sufficiency or
entrance into postsecondary education or training.
(6) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 143.
(7) Job corps center.--The term ``Job Corps center'' means a
center described in section 147.
(8) Operator.--The term ``operator'' means an entity selected
under this subtitle to operate a Job Corps center.
(9) Region.--The term ``region'' means an area defined by the
Secretary.
(10) Service provider.--The term ``service provider'' means an
entity selected under this subtitle to provide services described
in this subtitle to a Job Corps center.
SEC. 143. ESTABLISHMENT.
There shall be within the Department of Labor a ``Job Corps''.
SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
(a) In General.--To be eligible to become an enrollee, an
individual shall be--
(1) not less than age 16 and not more than age 21 on the date
of enrollment, except that--
(A) not more than 20 percent of the individuals enrolled in
the Job Corps may be not less than age 22 and not more than age
24 on the date of enrollment; and
(B) either such maximum age limitation may be waived by the
Secretary, in accordance with regulations of the Secretary, in
the case of an individual with a disability;
(2) a low-income individual; and
(3) an individual who is one or more of the following:
(A) Basic skills deficient.
(B) A school dropout.
(C) A homeless individual (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))), a homeless child or youth (as defined in section 725(2)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2))), a runaway, an individual in foster care, or an
individual who was in foster care and has aged out of the
foster care system.
(D) A parent.
(E) An individual who requires additional education, career
and technical education or training, or workforce preparation
skills to be able to obtain and retain employment that leads to
economic self-sufficiency.
(b) Special Rule for Veterans.--Notwithstanding the requirement of
subsection (a)(2), a veteran shall be eligible to become an enrollee
under subsection (a) if the individual--
(1) meets the requirements of paragraphs (1) and (3) of such
subsection; and
(2) does not meet the requirement of subsection (a)(2) because
the military income earned by such individual within the 6-month
period prior to the individual's application for Job Corps prevents
the individual from meeting such requirement.
SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
(a) Standards and Procedures.--
(1) In general.--The Secretary shall prescribe specific
standards and procedures for the recruitment, screening, and
selection of eligible applicants for the Job Corps, after
considering recommendations from Governors of States, local boards,
and other interested parties.
(2) Methods.--In prescribing standards and procedures under
paragraph (1), the Secretary, at a minimum, shall--
(A) prescribe procedures for informing enrollees that drug
tests will be administered to the enrollees and the results
received within 45 days after the enrollees enroll in the Job
Corps;
(B) establish standards for recruitment of Job Corps
applicants;
(C) establish standards and procedures for--
(i) determining, for each applicant, whether the
educational and career and technical education and training
needs of the applicant can best be met through the Job
Corps program or an alternative program in the community in
which the applicant resides; and
(ii) obtaining from each applicant pertinent data
relating to background, needs, and interests for
determining eligibility and potential assignment;
(D) where appropriate, take measures to improve the
professional capability of the individuals conducting screening
of the applicants; and
(E) assure appropriate representation of enrollees from
urban areas and from rural areas.
(3) Implementation.--The standards and procedures shall be
implemented through arrangements with--
(A) applicable one-stop centers;
(B) organizations that have a demonstrated record of
effectiveness in serving at-risk youth and placing such youth
into employment, including community action agencies, business
organizations, or labor organizations; and
(C) child welfare agencies that are responsible for
children and youth eligible for benefits and services under
section 477 of the Social Security Act (42 U.S.C. 677).
(4) Consultation.--The standards and procedures shall provide
for necessary consultation with individuals and organizations,
including court, probation, parole, law enforcement, education,
welfare, and medical authorities and advisers.
(5) Reimbursement.--The Secretary is authorized to enter into
contracts with and make payments to individuals and organizations
for the cost of conducting recruitment, screening, and selection of
eligible applicants for the Job Corps, as provided for in this
section. The Secretary shall make no payment to any individual or
organization solely as compensation for referring the names of
applicants for the Job Corps.
(b) Special Limitations on Selection.--
(1) In general.--No individual shall be selected as an enrollee
unless the individual or organization implementing the standards
and procedures described in subsection (a) determines that--
(A) there is a reasonable expectation that the individual
considered for selection can participate successfully in group
situations and activities, and is not likely to engage in
behavior that would prevent other enrollees from receiving the
benefit of the Job Corps program or be incompatible with the
maintenance of sound discipline and satisfactory relationships
between the Job Corps center to which the individual might be
assigned and communities surrounding the Job Corps center;
(B) the individual manifests a basic understanding of both
the rules to which the individual will be subject and of the
consequences of failure to observe the rules, and agrees to
comply with such rules; and
(C) the individual has passed a background check conducted
in accordance with procedures established by the Secretary and
with applicable State and local laws.
(2) Individuals on probation, parole, or supervised release.--
An individual on probation, parole, or supervised release may be
selected as an enrollee only if release from the supervision of the
probation or parole official involved is satisfactory to the
official and the Secretary and does not violate applicable laws
(including regulations). No individual shall be denied a position
in the Job Corps solely on the basis of individual contact with the
criminal justice system except for a disqualifying conviction as
specified in paragraph (3).
(3) Individuals convicted of certain crimes.--An individual
shall not be selected as an enrollee if the individual has been
convicted of a felony consisting of murder (as described in section
1111 of title 18, United States Code), child abuse, or a crime
involving rape or sexual assault.
(c) Assignment Plan.--
(1) In general.--Every 2 years, the Secretary shall develop and
implement a plan for assigning enrollees to Job Corps centers. In
developing the plan, the Secretary shall, based on the analysis
described in paragraph (2), establish targets, applicable to each
Job Corps center, for--
(A) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the State in which the center
is located; and
(B) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the region in which the center
is located, and in surrounding regions.
(2) Analysis.--In order to develop the plan described in
paragraph (1), every 2 years the Secretary, in consultation with
operators of Job Corps centers, shall analyze relevant factors
relating to each Job Corps center, including--
(A) the size of the population of individuals eligible to
participate in Job Corps in the State and region in which the
Job Corps center is located, and in surrounding regions;
(B) the relative demand for participation in the Job Corps
in the State and region, and in surrounding regions;
(C) the capacity and utilization of the Job Corps center,
including the education, training, and supportive services
provided through the center; and
(D) the performance of the Job Corps center relating to the
expected levels of performance for the indicators described in
section 159(c)(1), and whether any actions have been taken with
respect to such center pursuant to paragraphs (2) and (3) of
section 159(f).
(d) Assignment of Individual Enrollees.--
(1) In general.--After an individual has been selected for the
Job Corps in accordance with the standards and procedures of the
Secretary under subsection (a), the enrollee shall be assigned to
the Job Corps center that offers the type of career and technical
education and training selected by the individual and, among the
centers that offer such education and training, is closest to the
home of the individual. The Secretary may waive this requirement
if--
(A) the enrollee would be unduly delayed in participating
in the Job Corps program because the closest center is
operating at full capacity; or
(B) the parent or guardian of the enrollee requests
assignment of the enrollee to another Job Corps center due to
circumstances in the community of the enrollee that would
impair prospects for successful participation in the Job Corps
program.
(2) Enrollees who are younger than 18.--An enrollee who is
younger than 18 shall not be assigned to a Job Corps center other
than the center closest to the home that offers the career and
technical education and training desired by the enrollee pursuant
to paragraph (1) if the parent or guardian of the enrollee objects
to the assignment.
SEC. 146. ENROLLMENT.
(a) Relationship Between Enrollment and Military Obligations.--
Enrollment in the Job Corps shall not relieve any individual of
obligations under the Military Selective Service Act (50 U.S.C. App.
451 et seq.).
(b) Period of Enrollment.--No individual may be enrolled in the Job
Corps for more than 2 years, except--
(1) in a case in which completion of an advanced career
training program under section 148(c) would require an individual
to participate in the Job Corps for not more than one additional
year;
(2) in the case of an individual with a disability who would
reasonably be expected to meet the standards for a Job Corps
graduate, as defined under section 142(5), if allowed to
participate in the Job Corps for not more than 1 additional year;
(3) in the case of an individual who participates in national
service, as authorized by a Civilian Conservation Center program,
who would be granted an enrollment extension in the Job Corps for
the amount of time equal to the period of national service; or
(4) as the Secretary may authorize in a special case.
SEC. 147. JOB CORPS CENTERS.
(a) Operators and Service Providers.--
(1) Eligible entities.--
(A) Operators.--The Secretary shall enter into an agreement
with a Federal, State, or local agency, an area career and
technical education school, a residential career and technical
education school, or a private organization, for the operation
of each Job Corps center.
(B) Providers.--The Secretary may enter into an agreement
with a local entity, or other entity with the necessary
capacity, to provide activities described in this subtitle to a
Job Corps center.
(2) Selection process.--
(A) Competitive basis.--Except as provided in subsections
(a) and (b) of section 3304 of title 41, United States Code,
the Secretary shall select on a competitive basis an entity to
operate a Job Corps center and entities to provide activities
described in this subtitle to the Job Corps center. In
developing a solicitation for an operator or service provider,
the Secretary shall consult with the Governor of the State in
which the center is located, the workforce council for the Job
Corps center (if established), and the applicable local board
regarding the contents of such solicitation, including elements
that will promote the consistency of the activities carried out
through the center with the objectives set forth in the State
plan or in a local plan.
(B) Recommendations and considerations.--
(i) Operators.--In selecting an entity to operate a Job
Corps center, the Secretary shall consider--
(I) the ability of the entity to coordinate the
activities carried out through the Job Corps center
with activities carried out under the appropriate State
plan and local plans;
(II) the ability of the entity to offer career and
technical education and training that has been proposed
by the workforce council under section 154(c), and the
degree to which such education and training reflects
employment opportunities in the local areas in which
enrollees at the center intend to seek employment;
(III) the degree to which the entity demonstrates
relationships with the surrounding communities,
employers, labor organizations, State boards, local
boards, applicable one-stop centers, and the State and
region in which the center is located;
(IV) the performance of the entity, if any,
relating to operating or providing activities described
in this subtitle to a Job Corps center, including
information regarding the entity in any reports
developed by the Office of Inspector General of the
Department of Labor and the entity's demonstrated
effectiveness in assisting individuals in achieving the
primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii); and
(V) the ability of the entity to demonstrate a
record of successfully assisting at-risk youth to
connect to the workforce, including providing them with
intensive academics and career and technical education
and training.
(ii) Providers.--In selecting a service provider for a
Job Corps center, the Secretary shall consider the factors
described in clause (i).
(3) Additional selection factors.--To be eligible to operate a
Job Corps center, an entity shall submit to the Secretary, at such
time and in such manner as the Secretary may require, information
related to additional selection factors, which shall include the
following:
(A) A description of the program activities that will be
offered at the center and how the academics and career and
technical education and training reflect State and local
employment opportunities, including opportunities in in-demand
industry sectors and occupations recommended by the workforce
council under section 154(c)(2)(A).
(B) A description of the counseling, placement, and support
activities that will be offered at the center, including a
description of the strategies and procedures the entity will
use to place graduates into unsubsidized employment or
education leading to a recognized postsecondary credential upon
completion of the program.
(C) A description of the demonstrated record of
effectiveness that the entity has in placing at-risk youth into
employment and postsecondary education, including past
performance of operating a Job Corps center under this subtitle
or subtitle C of title I of the Workforce Investment Act of
1998, and as appropriate, the entity's demonstrated
effectiveness in assisting individuals in achieving the
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii).
(D) A description of the relationships that the entity has
developed with State boards, local boards, applicable one-stop
centers, employers, labor organizations, State and local
educational agencies, and the surrounding communities in which
the center is located, in an effort to promote a comprehensive
statewide workforce development system.
(E) A description of the entity's ability to coordinate the
activities carried out through the Job Corps center with
activities carried out under the appropriate State plan and
local plans.
(F) A description of the strong fiscal controls the entity
has in place to ensure proper accounting of Federal funds, and
a description of how the entity will meet the requirements of
section 159(a).
(G) A description of the steps to be taken to control costs
in accordance with section 159(a)(3).
(H) A detailed budget of the activities that will be
supported using funds under this subtitle and non-Federal
resources.
(I) An assurance the entity is licensed to operate in the
State in which the center is located.
(J) An assurance the entity will comply with basic health
and safety codes, which shall include the disciplinary measures
described in section 152(b).
(K) Any other information on additional selection factors
that the Secretary may require.
(b) High-performing Centers.--
(1) In general.--If an entity meets the requirements described
in paragraph (2) as applied to a particular Job Corps center, such
entity shall be allowed to compete in any competitive selection
process carried out for an award to operate such center.
(2) High performance.--An entity shall be considered to be an
operator of a high-performing center if the Job Corps center
operated by the entity--
(A) is ranked among the top 20 percent of Job Corps centers
for the most recent preceding program year; and
(B) meets the expected levels of performance established
under section 159(c)(1) and, with respect to each of the
primary indicators of performance for eligible youth described
in section 116(b)(2)(A)(ii)--
(i) for the period of the most recent preceding 3
program years for which information is available at the
time the determination is made, achieved an average of 100
percent, or higher, of the expected level of performance
established under section 159(c)(1) for the indicator; and
(ii) for the most recent preceding program year for
which information is available at the time the
determination is made, achieved 100 percent, or higher, of
the expected level of performance established under such
section for the indicator.
(3) Transition.--If any of the program years described in
paragraph (2)(B) precedes the implementation of the establishment
of expected levels of performance under section 159(c) and the
application of the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii), an entity shall be
considered an operator of a high-performing center during that
period if the Job Corps center operated by the entity--
(A) meets the requirements of paragraph (2)(B) with respect
to such preceding program years using the performance of the
Job Corps center regarding the national goals or targets
established by the Office of the Job Corps under the previous
performance accountability system for--
(i) the 6-month follow-up placement rate of graduates
in employment, the military, education, or training;
(ii) the 12-month follow-up placement rate of graduates
in employment, the military, education, or training;
(iii) the 6-month follow-up average weekly earnings of
graduates;
(iv) the rate of attainment of secondary school
diplomas or their recognized equivalent;
(v) the rate of attainment of completion certificates
for career and technical training;
(vi) average literacy gains; and
(vii) average numeracy gains; or
(B) is ranked among the top 5 percent of Job Corps centers
for the most recent preceding program year.
(c) Character and Activities.--Job Corps centers may be residential
or nonresidential in character, and shall be designed and operated so
as to provide enrollees, in a well-supervised setting, with access to
activities described in this subtitle. In any year, no more than 20
percent of the individuals enrolled in the Job Corps may be
nonresidential participants in the Job Corps.
(d) Civilian Conservation Centers.--
(1) In general.--The Job Corps centers may include Civilian
Conservation Centers, operated under an agreement between the
Secretary of Labor and the Secretary of Agriculture, that are
located primarily in rural areas. Such centers shall provide, in
addition to academics, career and technical education and training,
and workforce preparation skills training, programs of work
experience to conserve, develop, or manage public natural resources
or public recreational areas or to develop community projects in
the public interest.
(2) Assistance during disasters.--Enrollees in Civilian
Conservation Centers may provide assistance in addressing national,
State, and local disasters, consistent with current child labor
laws (including regulations). The Secretary of Agriculture shall
ensure that with respect to the provision of such assistance the
enrollees are properly trained, equipped, supervised, and
dispatched consistent with standards for the conservation and
rehabilitation of wildlife established under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.).
(3) National liaison.--The Secretary of Agriculture shall
designate a Job Corps National Liaison to support the agreement
under this section between the Departments of Labor and
Agriculture.
(e) Indian Tribes.--
(1) General authority.--The Secretary may enter into agreements
with Indian tribes to operate Job Corps centers for Indians.
(2) Definitions.--In this subsection, the terms ``Indian'' and
``Indian tribe'' have the meanings given such terms in subsections
(d) and (e), respectively, of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(f) Length of Agreement.--The agreement described in subsection
(a)(1)(A) shall be for not more than a 2-year period. The Secretary may
exercise any contractual option to renew the agreement in 1-year
increments for not more than 3 additional years, consistent with the
requirements of subsection (g).
(g) Renewal Conditions.--
(1) In general.--Subject to paragraph (2), the Secretary shall
not renew the terms of an agreement for any 1-year additional
period described in subsection (f) for an entity to operate a
particular Job Corps center if, for both of the 2 most recent
preceding program years for which information is available at the
time the determination is made, or if a second program year is not
available, the preceding year for which information is available,
such center--
(A) has been ranked in the lowest 10 percent of Job Corps
centers; and
(B) failed to achieve an average of 50 percent or higher of
the expected level of performance under section 159(c)(1) with
respect to each of the primary indicators of performance for
eligible youth described in section 116(b)(2)(A)(ii).
(2) Exception.--Notwithstanding paragraph (1), the Secretary
may exercise an option to renew the agreement for no more than 2
additional years if the Secretary determines such renewal would be
in the best interest of the Job Corps program, taking into account
factors including--
(A) significant improvements in program performance in
carrying out a performance improvement plan under section
159(f)(2);
(B) that the performance is due to circumstances beyond the
control of the entity, such as an emergency or disaster, as
defined in section 170(a)(1);
(C) a significant disruption in the operations of the
center, including in the ability to continue to provide
services to students, or significant increase in the cost of
such operations; or
(D) a significant disruption in the procurement process
with respect to carrying out a competition for the selection of
a center operator.
(3) Detailed explanation.--If the Secretary exercises an option
under paragraph (2), the Secretary shall provide, to the Committee
on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate, a detailed explanation of the rationale for exercising such
option.
(4) Additional considerations.--The Secretary shall only renew
the agreement of an entity to operate a Job Corps center if the
entity--
(A) has a satisfactory record of integrity and business
ethics;
(B) has adequate financial resources to perform the
agreement;
(C) has the necessary organization, experience, accounting
and operational controls, and technical skills; and
(D) is otherwise qualified and eligible under applicable
laws and regulations, including that the contractor is not
under suspension or debarred from eligibility for Federal
contracts.
SEC. 148. PROGRAM ACTIVITIES.
(a) Activities Provided by Job Corps Centers.--
(1) In general.--Each Job Corps center shall provide enrollees
with an intensive, well organized, and fully supervised program of
education, including English language acquisition programs, career
and technical education and training, work experience, work-based
learning, recreational activities, physical rehabilitation and
development, driver's education, and counseling, which may include
information about financial literacy. Each Job Corps center shall
provide enrollees assigned to the center with access to career
services described in clauses (i) through (xi) of section
134(c)(2)(A).
(2) Relationship to opportunities.--The activities provided
under this subsection shall be targeted to helping enrollees, on
completion of their enrollment--
(A) secure and maintain meaningful unsubsidized employment;
(B) enroll in and complete secondary education or
postsecondary education or training programs, including other
suitable career and technical education and training, and
apprenticeship programs; or
(C) satisfy Armed Forces requirements.
(3) Link to employment opportunities.--The career and technical
education and training provided shall be linked to employment
opportunities in in-demand industry sectors and occupations in the
State or local area in which the Job Corps center is located and,
to the extent practicable, in the State or local area in which the
enrollee intends to seek employment after graduation.
(b) Academic and Career and Technical Education and Training.--The
Secretary may arrange for career and technical education and training
of enrollees through local public or private educational agencies,
career and technical educational institutions, technical institutes, or
national service providers, whenever such entities provide education
and training substantially equivalent in cost and quality to that which
the Secretary could provide through other means.
(c) Advanced Career Training Programs.--
(1) In general.--The Secretary may arrange for programs of
advanced career training for selected enrollees in which the
enrollees may continue to participate for a period of not to exceed
1 year in addition to the period of participation to which the
enrollees would otherwise be limited. The advanced career training
may be provided through the eligible providers of training services
identified under section 122.
(2) Benefits.--During the period of participation in an
advanced career training program, an enrollee shall be eligible for
full Job Corps benefits, or a monthly stipend equal to the average
value of the residential support, food, allowances, and other
benefits provided to enrollees assigned to residential Job Corps
centers.
(3) Demonstration.--The Secretary shall develop standards by
which any operator seeking to enroll additional enrollees in an
advanced career training program shall demonstrate, before the
operator may carry out such additional enrollment, that--
(A) participants in such program have achieved a
satisfactory rate of completion and placement in training-
related jobs; and
(B) for the most recently preceding 2 program years, such
operator has, on average, met or exceeded the expected levels
of performance under section 159(c)(1) for each of the primary
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii).
(d) Graduate Services.--In order to promote the retention of
graduates in employment or postsecondary education, the Secretary shall
arrange for the provision of job placement and support services to
graduates for up to 12 months after the date of graduation. Multiple
resources, including one-stop partners, may support the provision of
these services, including services from the State vocational
rehabilitation agency, to supplement job placement and job development
efforts for Job Corps graduates who are individuals with disabilities.
(e) Child Care.--The Secretary shall, to the extent practicable,
provide child care at or near Job Corps centers, for individuals who
require child care for their children in order to participate in the
Job Corps.
SEC. 149. COUNSELING AND JOB PLACEMENT.
(a) Assessment and Counseling.--The Secretary shall arrange for
assessment and counseling for each enrollee at regular intervals to
measure progress in the academic and career and technical education and
training programs carried out through the Job Corps.
(b) Placement.--The Secretary shall arrange for assessment and
counseling for enrollees prior to their scheduled graduations to
determine their capabilities and, based on their capabilities, shall
place the enrollees in employment leading to economic self-sufficiency
for which the enrollees are trained or assist the enrollees in
participating in further activities described in this subtitle. In
arranging for the placement of graduates in jobs, the Secretary shall
utilize the one-stop delivery system to the maximum extent practicable.
(c) Status and Progress.--The Secretary shall determine the status
and progress of enrollees scheduled for graduation and make every
effort to assure that their needs for further activities described in
this subtitle are met.
(d) Services to Former Enrollees.--The Secretary may provide such
services as the Secretary determines to be appropriate under this
subtitle to former enrollees.
SEC. 150. SUPPORT.
(a) Personal Allowances.--The Secretary may provide enrollees
assigned to Job Corps centers with such personal allowances as the
Secretary may determine to be necessary or appropriate to meet the
needs of the enrollees.
(b) Transition Allowances.--The Secretary shall arrange for a
transition allowance to be paid to graduates. The transition allowance
shall be incentive-based to reflect a graduate's completion of
academic, career and technical education or training, and attainment of
recognized postsecondary credentials.
(c) Transition Support.--The Secretary may arrange for the
provision of 3 months of employment services for former enrollees.
SEC. 151. OPERATIONS.
(a) Operating Plan.--The provisions of the contract between the
Secretary and an entity selected to operate a Job Corps center shall,
at a minimum, serve as an operating plan for the Job Corps center.
(b) Additional Information.--The Secretary may require the
operator, in order to remain eligible to operate the Job Corps center,
to submit such additional information as the Secretary may require,
which shall be considered part of the operating plan.
(c) Availability.--The Secretary shall make the operating plan
described in subsections (a) and (b), excluding any proprietary
information, available to the public.
SEC. 152. STANDARDS OF CONDUCT.
(a) Provision and Enforcement.--The Secretary shall provide, and
directors of Job Corps centers shall stringently enforce, standards of
conduct within the centers. Such standards of conduct shall include
provisions forbidding the actions described in subsection (b)(2)(A).
(b) Disciplinary Measures.--
(1) In general.--To promote the proper behavioral standards in
the Job Corps, the directors of Job Corps centers shall have the
authority to take appropriate disciplinary measures against
enrollees if such a director determines that an enrollee has
committed a violation of the standards of conduct. The director
shall dismiss the enrollee from the Job Corps if the director
determines that the retention of the enrollee in the Job Corps will
jeopardize the enforcement of such standards, threaten the safety
of staff, students, or the local community, or diminish the
opportunities of other enrollees.
(2) Zero tolerance policy and drug testing.--
(A) Guidelines.--The Secretary shall adopt guidelines
establishing a zero tolerance policy for an act of violence,
for use, sale, or possession of a controlled substance, for
abuse of alcohol, or for other illegal or disruptive activity.
(B) Drug testing.--The Secretary shall require drug testing
of all enrollees for controlled substances in accordance with
procedures prescribed by the Secretary under section 145(a).
(C) Definitions.--In this paragraph:
(i) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(ii) Zero tolerance policy.--The term ``zero tolerance
policy'' means a policy under which an enrollee shall be
automatically dismissed from the Job Corps after a
determination by the director that the enrollee has carried
out an action described in subparagraph (A).
(c) Appeal.--A disciplinary measure taken by a director under this
section shall be subject to expeditious appeal in accordance with
procedures established by the Secretary.
SEC. 153. COMMUNITY PARTICIPATION.
(a) Business and Community Participation.--The director of each Job
Corps center shall ensure the establishment and development of the
mutually beneficial business and community relationships and networks
described in subsection (b), including the use of local boards, in
order to enhance the effectiveness of such centers.
(b) Networks.--The activities carried out by each Job Corps center
under this section shall include--
(1) establishing and developing relationships and networks
with--
(A) local and distant employers, to the extent practicable,
in coordination with entities carrying out other Federal and
non-Federal programs that conduct similar outreach to
employers;
(B) applicable one-stop centers and applicable local
boards, for the purpose of providing--
(i) information to, and referral of, potential
enrollees; and
(ii) job opportunities for Job Corps graduates; and
(C)(i) entities carrying out relevant apprenticeship
programs and youth programs;
(ii) labor-management organizations and local labor
organizations;
(iii) employers and contractors that support national
training contractor programs; and
(iv) community-based organizations, non-profit
organizations, and intermediaries providing workforce
development-related services; and
(2) establishing and developing relationships with members of
the community in which the Job Corps center is located, informing
members of the community about the projects of the Job Corps center
and changes in the rules, procedures, or activities of the center
that may affect the community, and planning events of mutual
interest to the community and the Job Corps center.
(c) New Centers.--The director of a Job Corps center that is not
yet operating shall ensure the establishment and development of the
relationships and networks described in subsection (b) at least 3
months prior to the date on which the center accepts the first enrollee
at the center.
SEC. 154. WORKFORCE COUNCILS.
(a) In General.--Each Job Corps center shall have a workforce
council, appointed by the director of the center, in accordance with
procedures established by the Secretary.
(b) Workforce Council Composition.--
(1) In general.--A workforce council shall be comprised of--
(A) a majority of members who shall be owners of business
concerns, chief executives or chief operating officers of
nongovernmental employers, or other private sector employers,
who--
(i) have substantial management, hiring, or policy
responsibility; and
(ii) represent businesses with employment opportunities
that reflect the employment opportunities of the applicable
local areas in which enrollees will be seeking employment;
(B) representatives of labor organizations (where present)
and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) Local board.--The workforce council may include members of
the applicable local boards who meet the requirements described in
paragraph (1).
(3) Employers outside of local area.--The workforce council for
a Job Corps center may include, or otherwise provide for
consultation with, employers from outside the local area who are
likely to hire a significant number of enrollees from the Job Corps
center.
(4) Special rule for single state local areas.--In the case of
a single State local area designated under section 106(d), the
workforce council shall include a representative of the State
Board.
(c) Responsibilities.--The responsibilities of the workforce
council shall be--
(1) to work closely with all applicable local boards in order
to determine, and recommend to the Secretary, appropriate career
and technical education and training for the center;
(2) to review all the relevant labor market information,
including related information in the State plan or the local plan,
to--
(A) recommend the in-demand industry sectors or occupations
in the area in which the Job Corps center operates;
(B) determine the employment opportunities in the local
areas in which the enrollees intend to seek employment after
graduation;
(C) determine the skills and education that are necessary
to obtain the employment opportunities; and
(D) recommend to the Secretary the type of career and
technical education and training that should be implemented at
the center to enable the enrollees to obtain the employment
opportunities; and
(3) to meet at least once every 6 months to reevaluate the
labor market information, and other relevant information, to
determine, and recommend to the Secretary, any necessary changes in
the career and technical education and training provided at the
center.
(d) New Centers.--The workforce council for a Job Corps center that
is not yet operating shall carry out the responsibilities described in
subsection (c) at least 3 months prior to the date on which the center
accepts the first enrollee at the center.
SEC. 155. ADVISORY COMMITTEES.
The Secretary may establish and use advisory committees in
connection with the operation of the Job Corps program, and the
operation of Job Corps centers, whenever the Secretary determines that
the availability of outside advice and counsel on a regular basis would
be of substantial benefit in identifying and overcoming problems, in
planning program or center development, or in strengthening
relationships between the Job Corps and agencies, institutions, or
groups engaged in related activities.
SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
(a) Projects.--The Secretary may carry out experimental, research,
or demonstration projects relating to carrying out the Job Corps
program. The Secretary may waive any provisions of this subtitle that
the Secretary finds would prevent the Secretary from carrying out the
projects if the Secretary informs the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, in writing, not less than
90 days in advance of issuing such waiver.
(b) Technical Assistance.--From the funds provided under section
162 (for the purposes of administration), the Secretary may reserve \1/
4\ of 1 percent to provide, directly or through grants, contracts, or
other agreements or arrangements as the Secretary considers
appropriate, technical assistance for the Job Corps program for the
purpose of improving program quality. Such assistance shall include--
(1) assisting Job Corps centers and programs--
(A) in correcting deficiencies under, and violations of,
this subtitle;
(B) in meeting or exceeding the expected levels of
performance under section 159(c)(1) for the indicators of
performance described in section 116(b)(2)(A);
(C) in the development of sound management practices,
including financial management procedures; and
(2) assisting entities, including entities not currently
operating a Job Corps center, in developing the additional
selection factors information described in section 147(a)(3).
SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW.
(a) Enrollees Not Considered To Be Federal Employees.--
(1) In general.--Except as otherwise provided in this
subsection and in section 8143(a) of title 5, United States Code,
enrollees shall not be considered to be Federal employees and shall
not be subject to the provisions of law relating to Federal
employment, including such provisions regarding hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(2) Provisions relating to taxes and social security
benefits.--For purposes of the Internal Revenue Code of 1986 and
title II of the Social Security Act (42 U.S.C. 401 et seq.),
enrollees shall be deemed to be employees of the United States and
any service performed by an individual as an enrollee shall be
deemed to be performed in the employ of the United States.
(3) Provisions relating to compensation to federal employees
for work injuries.--For purposes of subchapter I of chapter 81 of
title 5, United States Code (relating to compensation to Federal
employees for work injuries), enrollees shall be deemed to be civil
employees of the Government of the United States within the meaning
of the term ``employee'' as defined in section 8101 of title 5,
United States Code, and the provisions of such subchapter shall
apply as specified in section 8143(a) of title 5, United States
Code.
(4) Federal tort claims provisions.--For purposes of the
Federal tort claims provisions in title 28, United States Code,
enrollees shall be considered to be employees of the Government.
(b) Adjustments and Settlements.--Whenever the Secretary finds a
claim for damages to a person or property resulting from the operation
of the Job Corps to be a proper charge against the United States, and
the claim is not cognizable under section 2672 of title 28, United
States Code, the Secretary may adjust and settle the claim in an amount
not exceeding $1,500.
(c) Personnel of the Uniformed Services.--Personnel of the
uniformed services who are detailed or assigned to duty in the
performance of agreements made by the Secretary for the support of the
Job Corps shall not be counted in computing strength under any law
limiting the strength of such services or in computing the percentage
authorized by law for any grade in such services.
SEC. 158. SPECIAL PROVISIONS.
(a) Enrollment.--The Secretary shall ensure that women and men have
an equal opportunity to participate in the Job Corps program,
consistent with section 145.
(b) Studies, Evaluations, Proposals, and Data.--The Secretary shall
assure that all studies, evaluations, proposals, and data produced or
developed with Federal funds in the course of carrying out the Job
Corps program shall become the property of the United States.
(c) Transfer of Property.--
(1) In general.--Notwithstanding chapter 5 of title 40, United
States Code, and any other provision of law, the Secretary and the
Secretary of Education shall receive priority by the Secretary of
Defense for the direct transfer, on a nonreimbursable basis, of the
property described in paragraph (2) for use in carrying out
programs under this Act or under any other Act.
(2) Property.--The property described in this paragraph is real
and personal property under the control of the Department of
Defense that is not used by such Department, including property
that the Secretary of Defense determines is in excess of current
and projected requirements of such Department.
(d) Gross Receipts.--Transactions conducted by a private for-profit
or nonprofit entity that is an operator or service provider for a Job
Corps center shall not be considered to be generating gross receipts.
Such an operator or service provider shall not be liable, directly or
indirectly, to any State or subdivision of a State (nor to any person
acting on behalf of such a State or subdivision) for any gross receipts
taxes, business privilege taxes measured by gross receipts, or any
similar taxes imposed on, or measured by, gross receipts in connection
with any payments made to or by such entity for operating or providing
services to a Job Corps center. Such an operator or service provider
shall not be liable to any State or subdivision of a State to collect
or pay any sales, excise, use, or similar tax imposed on the sale to or
use by such operator or service provider of any property, service, or
other item in connection with the operation of or provision of services
to a Job Corps center.
(e) Management Fee.--The Secretary shall provide each operator and
(in an appropriate case, as determined by the Secretary) service
provider with an equitable and negotiated management fee of not less
than 1 percent of the amount of the funding provided under the
appropriate agreement specified in section 147.
(f) Donations.--The Secretary may accept on behalf of the Job Corps
or individual Job Corps centers charitable donations of cash or other
assistance, including equipment and materials, if such donations are
available for appropriate use for the purposes set forth in this
subtitle.
(g) Sale of Property.--Notwithstanding any other provision of law,
if the Administrator of General Services sells a Job Corps center
facility, the Administrator shall transfer the proceeds from the sale
to the Secretary, who shall use the proceeds to carry out the Job Corps
program.
SEC. 159. MANAGEMENT INFORMATION.
(a) Financial Management Information System.--
(1) In general.--The Secretary shall establish procedures to
ensure that each operator, and each service provider, maintains a
financial management information system that will provide--
(A) accurate, complete, and current disclosures of the
costs of Job Corps operations; and
(B) sufficient data for the effective evaluation of
activities carried out through the Job Corps program.
(2) Accounts.--Each operator and service provider shall
maintain funds received under this subtitle in accounts in a manner
that ensures timely and accurate reporting as required by the
Secretary.
(3) Fiscal responsibility.--Operators shall remain fiscally
responsible and control costs, regardless of whether the funds made
available for Job Corps centers are incrementally increased or
decreased between fiscal years.
(b) Audit.--
(1) Access.--The Secretary, the Inspector General of the
Department of Labor, the Comptroller General of the United States,
and any of their duly authorized representatives, shall have access
to any books, documents, papers, and records of the operators and
service providers described in subsection (a) that are pertinent to
the Job Corps program, for purposes of conducting surveys, audits,
and evaluations of the operators and service providers.
(2) Surveys, audits, and evaluations.--The Secretary shall
survey, audit, or evaluate, or arrange for the survey, audit, or
evaluation of, the operators and service providers, using Federal
auditors or independent public accountants. The Secretary shall
conduct such surveys, audits, or evaluations not less often than
once every 3 years.
(c) Information on Indicators of Performance.--
(1) Levels of performance and indicators.--The Secretary shall
annually establish expected levels of performance for a Job Corps
center and the Job Corps program relating to each of the primary
indicators of performance for eligible youth described in section
116(b)(2)(A)(ii).
(2) Performance of recruiters.--The Secretary shall also
establish performance indicators, and expected levels of
performance on the performance indicators, for recruitment service
providers serving the Job Corps program. The performance indicators
shall relate to--
(A) the number of enrollees recruited, compared to the
established goals for such recruitment, and the number of
enrollees who remain committed to the program for 90 days after
enrollment; and
(B) the measurements described in subparagraphs (I), (L),
and (M) of subsection (d)(1).
(3) Performance of career transition service providers.--The
Secretary shall also establish performance indicators, and expected
performance levels on the performance indicators, for career
transition service providers serving the Job Corps program. The
performance indicators shall relate to--
(A) the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii); and
(B) the measurements described in subparagraphs (D), (E),
(H), (J), and (K) of subsection (d)(1).
(4) Report.--The Secretary shall collect, and annually submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report including--
(A) information on the performance of each Job Corps
center, and the Job Corps program, based on the performance
indicators described in paragraph (1), as compared to the
expected level of performance established under such paragraph
for each performance indicator; and
(B) information on the performance of the service providers
described in paragraphs (2) and (3) on the performance
indicators established under such paragraphs, as compared to
the expected level of performance established for each
performance indicator.
(d) Additional Information.--
(1) In general.--The Secretary shall also collect, and submit
in the report described in subsection (c)(4), information on the
performance of each Job Corps center, and the Job Corps program,
regarding--
(A) the number of enrollees served;
(B) demographic information on the enrollees served,
including age, race, gender, and education and income level;
(C) the number of graduates of a Job Corps center;
(D) the number of graduates who entered the Armed Forces;
(E) the number of graduates who entered apprenticeship
programs;
(F) the number of graduates who received a regular
secondary school diploma;
(G) the number of graduates who received a State recognized
equivalent of a secondary school diploma;
(H) the number of graduates who entered unsubsidized
employment related to the career and technical education and
training received through the Job Corps program and the number
who entered unsubsidized employment not related to the
education and training received;
(I) the percentage and number of former enrollees,
including the number dismissed under the zero tolerance policy
described in section 152(b);
(J) the percentage and number of graduates who enter
postsecondary education;
(K) the average wage of graduates who enter unsubsidized
employment--
(i) on the first day of such employment; and
(ii) on the day that is 6 months after such first day;
(L) the percentages of enrollees described in subparagraphs
(A) and (B) of section 145(c)(1), as compared to the percentage
targets established by the Secretary under such section for the
center;
(M) the cost per enrollee, which is calculated by comparing
the number of enrollees at the center in a program year to the
total budget for such center in the same program year;
(N) the cost per graduate, which is calculated by comparing
the number of graduates of the center in a program year
compared to the total budget for such center in the same
program year; and
(O) any additional information required by the Secretary.
(2) Rules for reporting of data.--The disaggregation of data
under this subsection shall not be required when the number of
individuals in a category is insufficient to yield statistically
reliable information or when the results would reveal personally
identifiable information about an individual.
(e) Methods.--The Secretary shall collect the information described
in subsections (c) and (d), using methods described in section
116(i)(2) and consistent with State law, by entering into agreements
with the States to access such data for Job Corps enrollees, former
enrollees, and graduates.
(f) Performance Assessments and Improvements.--
(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based on
the assessment, the Secretary shall take measures to continuously
improve the performance of the Job Corps program.
(2) Performance improvement.--With respect to a Job Corps
center that fails to meet the expected levels of performance
relating to the primary indicators of performance specified in
subsection (c)(1), the Secretary shall develop and implement a
performance improvement plan. Such a plan shall require action to
be taken during a 1-year period, including--
(A) providing technical assistance to the center;
(B) changing the career and technical education and
training offered at the center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) Additional performance improvement.--In addition to the
performance improvement plans required under paragraph (2), the
Secretary may develop and implement additional performance
improvement plans. Such a plan shall require improvements,
including the actions described in such paragraph, for a Job Corps
center that fails to meet criteria established by the Secretary
other than the expected levels of performance described in such
paragraph.
(4) Civilian conservation centers.--With respect to a Civilian
Conservation Center that fails to meet the expected levels of
performance relating to the primary indicators of performance
specified in subsection (c)(1) or fails to improve performance as
described in paragraph (2) after 3 program years, the Secretary, in
consultation with the Secretary of Agriculture, shall select an
entity to operate the Civilian Conservation Center on a competitive
basis, in accordance with the requirements of section 147.
(g) Participant Health and Safety.--
(1) Center.--The Secretary shall ensure that a review by an
appropriate Federal, State, or local entity of the physical
condition and health-related activities of each Job Corps center
occurs annually.
(2) Work-based learning locations.--The Secretary shall require
that an entity that has entered into a contract to provide work-
based learning activities for any Job Corps enrollee under this
subtitle shall comply with the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.) or, as appropriate, under the
corresponding State Occupational Safety and Health Act of 1970
requirements in the State in which such activities occur.
(h) Buildings and Facilities.--The Secretary shall collect, and
submit in the report described in subsection (c)(4), information
regarding the state of Job Corps buildings and facilities. Such report
shall include--
(1) a review of requested construction, rehabilitation, and
acquisition projects, by each Job Corps center; and
(2) a review of new facilities under construction.
(i) National and Community Service.--The Secretary shall include in
the report described in subsection (c)(4) available information
regarding the national and community service activities of enrollees,
particularly those enrollees at Civilian Conservation Centers.
(j) Closure of Job Corps Center.--Prior to the closure of any Job
Corps center, the Secretary shall ensure--
(1) that the proposed decision to close the center is announced
in advance to the general public through publication in the Federal
Register or other appropriate means;
(2) the establishment of a reasonable comment period, not to
exceed 30 days, for interested individuals to submit written
comments to the Secretary; and
(3) that the Member of Congress who represents the district in
which such center is located is notified within a reasonable period
of time in advance of any final decision to close the center.
SEC. 160. GENERAL PROVISIONS.
The Secretary is authorized to--
(1) disseminate, with regard to the provisions of section 3204
of title 39, United States Code, data and information in such forms
as the Secretary shall determine to be appropriate, to public
agencies, private organizations, and the general public;
(2) subject to section 157(b), collect or compromise all
obligations to or held by the Secretary and exercise all legal or
equitable rights accruing to the Secretary in connection with the
payment of obligations until such time as such obligations may be
referred to the Attorney General for suit or collection; and
(3) expend funds made available for purposes of this subtitle--
(A) for printing and binding, in accordance with applicable
law (including regulation); and
(B) without regard to any other law (including regulation),
for rent of buildings and space in buildings and for repair,
alteration, and improvement of buildings and space in buildings
rented by the Secretary, except that the Secretary shall not
expend funds under the authority of this subparagraph--
(i) except when necessary to obtain an item, service,
or facility, that is required in the proper administration
of this subtitle, and that otherwise could not be obtained,
or could not be obtained in the quantity or quality needed,
or at the time, in the form, or under the conditions in
which the item, service, or facility is needed; and
(ii) prior to having given written notification to the
Administrator of General Services (if the expenditure would
affect an activity that otherwise would be under the
jurisdiction of the General Services Administration) of the
intention of the Secretary to make the expenditure, and the
reasons and justifications for the expenditure.
SEC. 161. JOB CORPS OVERSIGHT AND REPORTING.
(a) Temporary Financial Reporting.--
(1) In general.--During the periods described in paragraphs (2)
and (3)(B), the Secretary shall prepare and submit to the
applicable committees financial reports regarding the Job Corps
program under this subtitle. Each such financial report shall
include--
(A) information regarding the implementation of the
financial oversight measures suggested in the May 31, 2013,
report of the Office of Inspector General of the Department of
Labor entitled ``The U.S. Department of Labor's Employment and
Training Administration Needs to Strengthen Controls over Job
Corps Funds'';
(B) a description of any budgetary shortfalls for the
program for the period covered by the financial report, and the
reasons for such shortfalls; and
(C) a description and explanation for any approval for
contract expenditures that are in excess of the amounts
provided for under the contract.
(2) Timing of reports.--The Secretary shall submit a financial
report under paragraph (1) once every 6 months beginning on the
date of enactment of this Act, for a 3-year period. After the
completion of such 3-year period, the Secretary shall submit a
financial report under such paragraph once a year for the next 2
years, unless additional reports are required under paragraph
(3)(B).
(3) Reporting requirements in cases of budgetary shortfalls.--
If any financial report required under this subsection finds that
the Job Corps program under this subtitle has a budgetary shortfall
for the period covered by the report, the Secretary shall--
(A) not later than 90 days after the budgetary shortfall
was identified, submit a report to the applicable committees
explaining how the budgetary shortfall will be addressed; and
(B) submit an additional financial report under paragraph
(1) for each 6-month period subsequent to the finding of the
budgetary shortfall until the Secretary demonstrates, through
such report, that the Job Corps program has no budgetary
shortfall.
(b) Third-party Review.--Every 5 years after the date of enactment
of this Act, the Secretary shall provide for a third-party review of
the Job Corps program under this subtitle that addresses all of the
areas described in subparagraphs (A) through (G) of section 169(a)(2).
The results of the review shall be submitted to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate.
(c) Criteria for Job Corps Center Closures.--By not later than
December 1, 2014, the Secretary shall establish written criteria that
the Secretary shall use to determine when a Job Corps center supported
under this subtitle is to be closed and how to carry out such closure,
and shall submit such criteria to the applicable committees.
(d) Definition of Applicable Committees.--In this section, the term
``applicable committees'' means--
(1) the Committee on Education and the Workforce of the House
of Representatives;
(2) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of Appropriations
of the House of Representatives;
(3) the Committee on Health, Education, Labor, and Pensions of
the Senate; and
(4) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of Appropriations
of the Senate.
SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,688,155,000 for fiscal year 2015;
(2) $1,818,548,000 for fiscal year 2016;
(3) $1,856,283,000 for fiscal year 2017;
(4) $1,897,455,000 for fiscal year 2018;
(5) $1,942,064,000 for fiscal year 2019; and
(6) $1,983,236,000 for fiscal year 2020.
Subtitle D--National Programs
SEC. 166. NATIVE AMERICAN PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to support
employment and training activities for Indian, Alaska Native, and
Native Hawaiian individuals in order--
(A) to develop more fully the academic, occupational, and
literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce and to equip them with the entrepreneurial skills
necessary for successful self-employment; and
(C) to promote the economic and social development of
Indian, Alaska Native, and Native Hawaiian communities in
accordance with the goals and values of such communities.
(2) Indian policy.--All programs assisted under this section
shall be administered in a manner consistent with the principles of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) and the government-to-government relationship
between the Federal Government and Indian tribal governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native'' includes a
Native and a descendant of a Native, as such terms are defined in
subsections (b) and (r) of section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b), (r)).
(2) Indian, indian tribe, and tribal organization.--The terms
``Indian'', ``Indian tribe'', and ``tribal organization'' have the
meanings given such terms in subsections (d), (e), and (l),
respectively, of section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian and native hawaiian organization.--The
terms ``Native Hawaiian'' and ``Native Hawaiian organization'' have
the meanings given such terms in section 7207 of the Native
Hawaiian Education Act (20 U.S.C. 7517).
(c) Program Authorized.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts or
cooperative agreements with, Indian tribes, tribal organizations,
Alaska Native entities, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations to carry out the authorized
activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Funds made available under subsection (c)
shall be used to carry out the activities described in paragraph
(2) that--
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians, Alaska
Natives, or Native Hawaiians preparing to enter, reenter, or
retain unsubsidized employment leading to self-sufficiency.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under subsection (c)
shall be used for--
(i) comprehensive workforce development activities for
Indians, Alaska Natives, or Native Hawaiians, including
training on entrepreneurial skills; or
(ii) supplemental services for Indian, Alaska Native,
or Native Hawaiian youth on or near Indian reservations and
in Oklahoma, Alaska, or Hawaii.
(B) Special rule.--Notwithstanding any other provision of
this section, individuals who were eligible to participate in
programs under section 401 of the Job Training Partnership Act
(as such section was in effect on the day before the date of
enactment of the Workforce Investment Act of 1998) shall be
eligible to participate in an activity assisted under this
section.
(e) Program Plan.--In order to receive a grant or enter into a
contract or cooperative agreement under this section, an entity
described in subsection (c) shall submit to the Secretary a program
plan that describes a 4-year strategy for meeting the needs of Indian,
Alaska Native, or Native Hawaiian individuals, as appropriate, in the
area served by such entity. Such plan shall--
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the activities to
be provided will strengthen the ability of the individuals served
to obtain or retain unsubsidized employment leading to self-
sufficiency;
(4) describe the activities to be provided and the manner in
which such activities are to be integrated with other appropriate
activities; and
(5) describe, after the entity submitting the plan consults
with the Secretary, the performance accountability measures to be
used to assess the performance of entities in carrying out the
activities assisted under this section, which shall include the
primary indicators of performance described in section 116(b)(2)(A)
and expected levels of performance for such indicators, in
accordance with subsection (h).
(f) Consolidation of Funds.--Each entity receiving assistance under
subsection (c) may consolidate such assistance with assistance received
from related programs in accordance with the provisions of the Indian
Employment, Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.).
(g) Nonduplicative and Nonexclusive Services.--Nothing in this
section shall be construed--
(1) to limit the eligibility of any entity described in
subsection (c) to participate in any activity offered by a State or
local entity under this Act; or
(2) to preclude or discourage any agreement, between any entity
described in subsection (c) and any State or local entity, to
facilitate the provision of services by such entity or to the
population served by such entity.
(h) Performance Accountability Measures.--
(1) Additional performance indicators and standards.--
(A) Development of indicators and standards.--The
Secretary, in consultation with the Native American Employment
and Training Council, shall develop a set of performance
indicators and standards that is in addition to the primary
indicators of performance described in section 116(b)(2)(A) and
that shall be applicable to programs under this section.
(B) Special considerations.--Such performance indicators
and standards shall take into account--
(i) the purpose of this section as described in
subsection (a)(1);
(ii) the needs of the groups served by this section,
including the differences in needs among such groups in
various geographic service areas; and
(iii) the economic circumstances of the communities
served, including differences in circumstances among
various geographic service areas.
(2) Agreement on adjusted levels of performance.--The Secretary
and the entity described in subsection (c) shall reach agreement on
the levels of performance for each of the primary indicators of
performance described in section 116(b)(2)(A), taking into account
economic conditions, characteristics of the individuals served, and
other appropriate factors and using, to the extent practicable, the
statistical adjustment model under section 116(b)(3)(A)(viii). The
levels agreed to shall be the adjusted levels of performance and
shall be incorporated in the program plan.
(i) Administrative Provisions.--
(1) Organizational unit established.--The Secretary shall
designate a single organizational unit within the Department of
Labor that shall have primary responsibility for the administration
of the activities authorized under this section.
(2) Regulations.--The Secretary shall consult with the entities
described in subsection (c) in--
(A) establishing regulations to carry out this section,
including regulations relating to the performance
accountability measures for entities receiving assistance under
this section; and
(B) developing a funding distribution plan that takes into
consideration previous levels of funding (prior to the date of
enactment of this Act) to such entities.
(3) Waivers.--
(A) In general.--With respect to an entity described in
subsection (c), the Secretary, notwithstanding any other
provision of law, may, pursuant to a request submitted by such
entity that meets the requirements established under
subparagraph (B), waive any of the statutory or regulatory
requirements of this title that are inconsistent with the
specific needs of the entity described in such subsection,
except that the Secretary may not waive requirements relating
to wage and labor standards, worker rights, participation and
protection of workers and participants, grievance procedures,
and judicial review.
(B) Request and approval.--An entity described in
subsection (c) that requests a waiver under subparagraph (A)
shall submit a plan to the Secretary to improve the program of
workforce investment activities carried out by the entity,
which plan shall meet the requirements established by the
Secretary and shall be generally consistent with the
requirements of section 189(i)(3)(B).
(4) Advisory council.--
(A) In general.--Using funds made available to carry out
this section, the Secretary shall establish a Native American
Employment and Training Council to facilitate the consultation
described in paragraph (2) and to provide the advice described
in subparagraph (C).
(B) Composition.--The Council shall be composed of
individuals, appointed by the Secretary, who are
representatives of the entities described in subsection (c).
(C) Duties.--The Council shall advise the Secretary on the
operation and administration of the programs assisted under
this section, including the selection of the individual
appointed as head of the unit established under paragraph (1).
(D) Personnel matters.--
(i) Compensation of members.--Members of the Council
shall serve without compensation.
(ii) Travel expenses.--The members of the Council shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Council.
(iii) Administrative support.--The Secretary shall
provide the Council with such administrative support as may
be necessary to perform the functions of the Council.
(E) Chairperson.--The Council shall select a chairperson
from among its members.
(F) Meetings.--The Council shall meet not less than twice
each year.
(G) Application.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
(5) Technical assistance.--The Secretary, acting through the
unit established under paragraph (1), is authorized to provide
technical assistance to entities described in subsection (c) that
receive assistance under such subsection to enable such entities to
improve the activities authorized under this section that are
provided by such entities.
(6) Agreement for certain federally recognized indian tribes to
transfer funds to the program.--A federally recognized Indian tribe
that administers funds provided under this section and funds
provided by more than one State under other sections of this title
may enter into an agreement with the Secretary and the Governors of
the affected States to transfer the funds provided by the States to
the program administered by the tribe under this section.
(j) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts and cooperative agreements
entered into under this section shall be subject to the requirements of
chapter 75 of subtitle V of title 31, United States Code, and charging
of costs under this section shall be subject to appropriate circulars
issued by the Office of Management and Budget.
(k) Assistance to Unique Populations in Alaska and Hawaii.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary is authorized to award grants, on a competitive
basis, to entities with demonstrated experience and expertise in
developing and implementing programs for the unique populations who
reside in Alaska or Hawaii, including public and private nonprofit
organizations, tribal organizations, American Indian tribal
colleges or universities, institutions of higher education, or
consortia of such organizations or institutions, to improve job
training and workforce investment activities for such unique
populations.
(2) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection--
(A) $461,000 for fiscal year 2015;
(B) $497,000 for fiscal year 2016;
(C) $507,000 for fiscal year 2017;
(D) $518,000 for fiscal year 2018;
(E) $530,000 for fiscal year 2019; and
(F) $542,000 for fiscal year 2020.
SEC. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
(a) In General.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts with,
eligible entities to carry out the activities described in subsection
(d).
(b) Eligible Entities.--To be eligible to receive a grant or enter
into a contract under this section, an entity shall have an
understanding of the problems of eligible migrant and seasonal
farmworkers (including dependents), a familiarity with the area to be
served, and the ability to demonstrate a capacity to administer and
deliver effectively a diversified program of workforce investment
activities (including youth workforce investment activities) and
related assistance for eligible migrant and seasonal farmworkers.
(c) Program Plan.--
(1) In general.--To be eligible to receive a grant or enter
into a contract under this section, an entity described in
subsection (b) shall submit to the Secretary a plan that describes
a 4-year strategy for meeting the needs of eligible migrant and
seasonal farmworkers in the area to be served by such entity.
(2) Contents.--Such plan shall--
(A) describe the population to be served and identify the
education and employment needs of the population to be served
and the manner in which the services to be provided will
strengthen the ability of the eligible migrant and seasonal
farmworkers and dependents to obtain or retain unsubsidized
employment, or stabilize their unsubsidized employment,
including upgraded employment in agriculture;
(B) describe the related assistance and supportive services
to be provided and the manner in which such assistance and
services are to be integrated and coordinated with other
appropriate services;
(C) describe the performance accountability measures to be
used to assess the performance of such entity in carrying out
the activities assisted under this section, which shall include
the expected levels of performance for the primary indicators
of performance described in section 116(b)(2)(A);
(D) describe the availability and accessibility of local
resources, such as supportive services, services provided
through one-stop delivery systems, and education and training
services, and how the resources can be made available to the
population to be served; and
(E) describe the plan for providing services under this
section, including strategies and systems for outreach, career
planning, assessment, and delivery through one-stop delivery
systems.
(3) Agreement on adjusted levels of performance.--The Secretary
and the entity described in subsection (b) shall reach agreement on
the levels of performance for each of the primary indicators of
performance described in section 116(b)(2)(A), taking into account
economic conditions, characteristics of the individuals served, and
other appropriate factors, and using, to the extent practicable,
the statistical adjustment model under section 116(b)(3)(A)(viii).
The levels agreed to shall be the adjusted levels of performance
and shall be incorporated in the program plan.
(4) Administration.--Grants and contracts awarded under this
section shall be centrally administered by the Department of Labor
and competitively awarded by the Secretary using procedures
consistent with standard Federal Government competitive procurement
policies.
(d) Authorized Activities.--Funds made available under this section
and section 127(a)(1) shall be used to carry out workforce investment
activities (including youth workforce investment activities) and
provide related assistance for eligible migrant and seasonal
farmworkers, which may include--
(1) outreach, employment, training, educational assistance,
literacy assistance, English language and literacy instruction,
pesticide and worker safety training, housing (including permanent
housing), supportive services, and school dropout prevention and
recovery activities;
(2) followup services for those individuals placed in
employment;
(3) self-employment and related business or micro-enterprise
development or education as needed by eligible individuals as
identified pursuant to the plan required by subsection (c);
(4) customized career and technical education in occupations
that will lead to higher wages, enhanced benefits, and long-term
employment in agriculture or another area; and
(5) technical assistance to improve coordination of services
and implement best practices relating to service delivery through
one-stop delivery systems.
(e) Consultation With Governors and Local Boards.--In making grants
and entering into contracts under this section, the Secretary shall
consult with the Governors and local boards of the States in which the
eligible entities will carry out the activities described in subsection
(d).
(f) Regulations.--The Secretary shall consult with eligible migrant
and seasonal farmworkers groups and States in establishing regulations
to carry out this section, including regulations relating to how
economic and demographic barriers to employment of eligible migrant and
seasonal farmworkers should be considered and included in the
negotiations leading to the adjusted levels of performance described in
subsection (c)(3).
(g) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts entered into under this section
shall be subject to the requirements of chapter 75 of subtitle V of
title 31, United States Code and charging of costs under this section
shall be subject to appropriate circulars issued by the Office of
Management and Budget.
(h) Funding Allocation.--From the funds appropriated and made
available to carry out this section, the Secretary shall reserve not
more than 1 percent for discretionary purposes, such as providing
technical assistance to eligible entities.
(i) Definitions.--In this section:
(1) Eligible migrant and seasonal farmworkers.--The term
``eligible migrant and seasonal farmworkers'' means individuals who
are eligible migrant farmworkers or are eligible seasonal
farmworkers.
(2) Eligible migrant farmworker.--The term ``eligible migrant
farmworker'' means--
(A) an eligible seasonal farmworker described in paragraph
(3)(A) whose agricultural labor requires travel to a job site
such that the farmworker is unable to return to a permanent
place of residence within the same day; and
(B) a dependent of the farmworker described in subparagraph
(A).
(3) Eligible seasonal farmworker.--The term ``eligible seasonal
farmworker'' means--
(A) a low-income individual who--
(i) for 12 consecutive months out of the 24 months
prior to application for the program involved, has been
primarily employed in agricultural or fish farming labor
that is characterized by chronic unemployment or
underemployment; and
(ii) faces multiple barriers to economic self-
sufficiency; and
(B) a dependent of the person described in subparagraph
(A).
SEC. 168. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--
(1) In general.--The Secretary shall ensure that the Department
has sufficient capacity to, and does, provide, coordinate, and
support the development of, appropriate training, technical
assistance, staff development, and other activities, including--
(A) assistance in replicating programs of demonstrated
effectiveness, to States and localities;
(B) the training of staff providing rapid response
services;
(C) the training of other staff of recipients of funds
under this title, including the staff of local boards and State
boards;
(D) the training of members of State boards and local
boards;
(E) assistance in the development and implementation of
integrated, technology-enabled intake and case management
information systems for programs carried out under this Act and
programs carried out by one-stop partners, such as standard
sets of technical requirements for the systems, offering
interfaces that States could use in conjunction with their
current (as of the first date of implementation of the systems)
intake and case management information systems that would
facilitate shared registration across programs;
(F) assistance regarding accounting and program operations
to States and localities (when such assistance would not
supplant assistance provided by the State);
(G) peer review activities under this title; and
(H) in particular, assistance to States in making
transitions to implement the provisions of this Act.
(2) Form of assistance.--
(A) In general.--In order to carry out paragraph (1) on
behalf of a State or recipient of financial assistance under
section 166 or 167, the Secretary, after consultation with the
State or grant recipient, may award grants or enter into
contracts or cooperative agreements.
(B) Limitation.--Grants or contracts awarded under
paragraph (1) to entities other than States or local units of
government that are for amounts in excess of $100,000 shall
only be awarded on a competitive basis.
(b) Dislocated Worker Technical Assistance.--
(1) Authority.--Of the amounts available pursuant to section
132(a)(2)(A), the Secretary shall reserve not more than 5 percent
of such amounts to provide technical assistance to States that do
not meet the State performance accountability measures for the
primary indicators of performance described in section
116(b)(2)(A)(i) with respect to employment and training activities
for dislocated workers. Using such reserved funds, the Secretary
may provide such assistance to other States, local areas, and other
entities involved in providing assistance to dislocated workers, to
promote the continuous improvement of assistance provided to
dislocated workers, under this title.
(2) Training.--Amounts reserved under this subsection may be
used to provide for the training of staff, including specialists,
who provide rapid response services. Such training shall include
instruction in proven methods of promoting, establishing, and
assisting labor-management committees. Such projects shall be
administered through the Employment and Training Administration of
the Department.
(c) Promising and Proven Practices Coordination.--The Secretary
shall--
(1) establish a system through which States may share
information regarding promising and proven practices with regard to
the operation of workforce investment activities under this Act;
(2) evaluate and disseminate information regarding such
promising and proven practices and identify knowledge gaps; and
(3) commission research under section 169(b) to address
knowledge gaps identified under paragraph (2).
SEC. 169. EVALUATIONS AND RESEARCH.
(a) Evaluations.--
(1) Evaluations of programs and activities carried out under
this title.--
(A) In general.--For the purpose of improving the
management and effectiveness of programs and activities carried
out under this title, the Secretary, through grants, contracts,
or cooperative agreements, shall provide for the continuing
evaluation of the programs and activities under this title,
including those programs and activities carried out under this
section.
(B) Periodic independent evaluation.--The evaluations
carried out under this paragraph shall include an independent
evaluation, at least once every 4 years, of the programs and
activities carried out under this title.
(2) Evaluation subjects.--Each evaluation carried out under
paragraph (1) shall address--
(A) the general effectiveness of such programs and
activities in relation to their cost, including the extent to
which the programs and activities--
(i) improve the employment competencies of participants
in comparison to comparably-situated individuals who did
not participate in such programs and activities; and
(ii) to the extent feasible, increase the level of
total employment over the level that would have existed in
the absence of such programs and activities;
(B) the effectiveness of the performance accountability
measures relating to such programs and activities;
(C) the effectiveness of the structure and mechanisms for
delivery of services through such programs and activities,
including the coordination and integration of services through
such programs and activities;
(D) the impact of such programs and activities on the
community, businesses, and participants involved;
(E) the impact of such programs and activities on related
programs and activities;
(F) the extent to which such programs and activities meet
the needs of various demographic groups; and
(G) such other factors as may be appropriate.
(3) Evaluations of other programs and activities.--The
Secretary may conduct evaluations of other federally funded
employment-related programs and activities under other provisions
of law.
(4) Techniques.--Evaluations conducted under this subsection
shall utilize appropriate and rigorous methodology and research
designs, including the use of control groups chosen by scientific
random assignment methodologies. The Secretary shall conduct at
least 1 multisite control group evaluation under this subsection by
the end of fiscal year 2019, and thereafter shall ensure that such
an analysis is included in the independent evaluation described in
paragraph (1)(B) that is conducted at least once every 4 years.
(5) Reports.--The entity carrying out an evaluation described
in paragraph (1) or (2) shall prepare and submit to the Secretary a
draft report and a final report containing the results of the
evaluation.
(6) Reports to congress.--Not later than 30 days after the
completion of a draft report under paragraph (5), the Secretary
shall transmit the draft report to the Committee on Education and
the Workforce of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate. Not later than
60 days after the completion of a final report under such
paragraph, the Secretary shall transmit the final report to such
committees.
(7) Public availability.--Not later than 30 days after the date
the Secretary transmits the final report as described in paragraph
(6), the Secretary shall make that final report available to the
general public on the Internet, on the Web site of the Department
of Labor.
(8) Publication of reports.--If an entity that enters into a
contract or other arrangement with the Secretary to conduct an
evaluation of a program or activity under this subsection requests
permission from the Secretary to publish a report resulting from
the evaluation, such entity may publish the report unless the
Secretary denies the request during the 90-day period beginning on
the date the Secretary receives such request.
(9) Coordination.--The Secretary shall ensure the coordination
of evaluations carried out by States pursuant to section 116(e)
with the evaluations carried out under this subsection.
(b) Research, Studies, and Multistate Projects.--
(1) In general.--After consultation with States, localities,
and other interested parties, the Secretary shall, every 2 years,
publish in the Federal Register, a plan that describes the
research, studies, and multistate project priorities of the
Department of Labor concerning employment and training for the 5-
year period following the submission of the plan. The plan shall be
consistent with the purposes of this title, including the purpose
of aligning and coordinating core programs with other one-stop
partner programs. Copies of the plan shall be transmitted to the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Health, Education, Labor, and
Pensions of the Senate, the Department of Education, and other
relevant Federal agencies.
(2) Factors.--The plan published under paragraph (1) shall
contain strategies to address national employment and training
problems and take into account factors such as--
(A) the availability of existing research (as of the date
of the publication);
(B) the need to ensure results that have interstate
validity;
(C) the benefits of economies of scale and the efficiency
of proposed projects; and
(D) the likelihood that the results of the projects will be
useful to policymakers and stakeholders in addressing
employment and training problems.
(3) Research projects.--The Secretary shall, through grants or
contracts, carry out research projects that will contribute to the
solution of employment and training problems in the United States
and that are consistent with the priorities specified in the plan
published under paragraph (1).
(4) Studies and reports.--
(A) Net impact studies and reports.--The Secretary of
Labor, in coordination with the Secretary of Education and
other relevant Federal agencies, may conduct studies to
determine the net impact and best practices of programs,
services, and activities carried out under this Act.
(B) Study on resources available to assist disconnected
youth.--The Secretary of Labor, in coordination with the
Secretary of Education, may conduct a study examining the
characteristics of eligible youth that result in such youth
being significantly disconnected from education and workforce
participation, the ways in which such youth could have greater
opportunities for education attainment and obtaining
employment, and the resources available to assist such youth in
obtaining the skills, credentials, and work experience
necessary to become economically self-sufficient.
(C) Study of effectiveness of workforce development system
in meeting business needs.--Using funds available to carry out
this subsection jointly with funds available to the Secretary
of Commerce, the Administrator of the Small Business
Administration, and the Secretary of Education, the Secretary
of Labor, in coordination with the Secretary of Commerce, the
Administrator of the Small Business Administration, and the
Secretary of Education, may conduct a study of the
effectiveness of the workforce development system in meeting
the needs of business, such as through the use of industry or
sector partnerships, with particular attention to the needs of
small business, including in assisting workers to obtain the
skills needed to utilize emerging technologies.
(D) Study on participants entering nontraditional
occupations.--The Secretary of Labor, in coordination with the
Secretary of Education, may conduct a study examining the
number and percentage of individuals who receive employment and
training activities and who enter nontraditional occupations,
successful strategies to place and support the retention of
individuals in nontraditional employment (such as by providing
post-placement assistance to participants in the form of exit
interviews, mentoring, networking, and leadership development),
and the degree to which recipients of employment and training
activities are informed of the possibility of, or directed to
begin, training or education needed for entrance into
nontraditional occupations.
(E) Study on performance indicators.--The Secretary of
Labor, in coordination with the Secretary of Education, may
conduct studies to determine the feasibility of, and potential
means to replicate, measuring the compensation, including the
wages, benefits, and other incentives provided by an employer,
received by program participants by using data other than or in
addition to data available through wage records, for potential
use as a performance indicator.
(F) Study on job training for recipients of public housing
assistance.--The Secretary of Labor, in coordination with the
Secretary of Housing and Urban Development, may conduct studies
to assist public housing authorities to provide, to recipients
of public housing assistance, job training programs that
successfully upgrade job skills and employment in, and access
to, jobs with opportunity for advancement and economic self-
sufficiency for such recipients.
(G) Study on improving employment prospects for older
individuals.--The Secretary of Labor, in coordination with the
Secretary of Education and the Secretary of Health and Human
Services, may conduct studies that lead to better design and
implementation of, in conjunction with employers, local boards
or State boards, community colleges or area career and
technical education schools, and other organizations, effective
evidence-based strategies to provide services to workers who
are low-income, low-skilled older individuals that increase the
workers' skills and employment prospects.
(H) Study on prior learning.--The Secretary of Labor, in
coordination with other heads of Federal agencies, as
appropriate, may conduct studies that, through convening
stakeholders from the fields of education, workforce, business,
labor, defense, and veterans services, and experts in such
fields, develop guidelines for assessing, accounting for, and
utilizing the prior learning of individuals, including
dislocated workers and veterans, in order to provide the
individuals with postsecondary educational credit for such
prior learning that leads to the attainment of a recognized
postsecondary credential identified under section 122(d) and
employment.
(I) Study on career pathways for health care providers and
providers of early education and child care.--The Secretary of
Labor, in coordination with the Secretary of Education and the
Secretary of Health and Human Services, shall conduct a
multistate study to develop, implement, and build upon career
advancement models and practices for low-wage health care
providers or providers of early education and child care,
including faculty education and distance education programs.
(J) Study on equivalent pay.--The Secretary shall conduct a
multistate study to develop and disseminate strategies for
ensuring that programs and activities carried out under this
Act are placing individuals in jobs, education, and training
that lead to equivalent pay for men and women, including
strategies to increase the participation of women in high-wage,
high-demand occupations in which women are underrepresented.
(K) Reports.--The Secretary shall prepare and disseminate
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce of
the House of Representatives, and to the public, including
through electronic means, reports containing the results of the
studies conducted under this paragraph.
(5) Multistate projects.--
(A) Authority.--The Secretary may, through grants or
contracts, carry out multistate projects that require
demonstrated expertise that is available at the national level
to effectively disseminate best practices and models for
implementing employment and training services, address the
specialized employment and training needs of particular service
populations, or address industry-wide skill shortages, to the
extent such projects are consistent with the priorities
specified in the plan published under paragraph (1).
(B) Design of grants.--Agreements for grants or contracts
awarded under this paragraph shall be designed to obtain
information relating to the provision of services under
different economic conditions or to various demographic groups
in order to provide guidance at the national and State levels
about how best to administer specific employment and training
services.
(6) Limitations.--
(A) Competitive awards.--A grant or contract awarded for
carrying out a project under this subsection in an amount that
exceeds $100,000 shall be awarded only on a competitive basis,
except that a noncompetitive award may be made in the case of a
project that is funded jointly with other public or private
sector entities that provide a substantial portion of
assistance under the grant or contract for the project.
(B) Time limits.--A grant or contract shall not be awarded
under this subsection to the same organization for more than 3
consecutive years unless such grant or contract is
competitively reevaluated within such period.
(C) Peer review.--
(i) In general.--The Secretary shall utilize a peer
review process--
(I) to review and evaluate all applications for
grants in amounts that exceed $500,000 that are
submitted under this section; and
(II) to review and designate exemplary and
promising programs under this section.
(ii) Availability of funds.--The Secretary is
authorized to use funds provided under this section to
carry out peer review activities under this subparagraph.
(D) Priority.--In awarding grants or contracts under this
subsection, priority shall be provided to entities with
recognized expertise in the methods, techniques, and knowledge
of workforce investment activities. The Secretary shall
establish appropriate time limits for the duration of such
projects.
(c) Dislocated Worker Projects.--Of the amount made available
pursuant to section 132(a)(2)(A) for any program year, the Secretary
shall use not more than 10 percent of such amount to carry out
demonstration and pilot projects, multiservice projects, and multistate
projects relating to the employment and training needs of dislocated
workers. Of the requirements of this section, such projects shall be
subject only to the provisions relating to review and evaluation of
applications under subsection (b)(6)(C). Such projects may include
demonstration and pilot projects relating to promoting self-employment,
promoting job creation, averting dislocations, assisting dislocated
farmers, assisting dislocated fishermen, and promoting public works.
Such projects shall be administered by the Secretary, acting through
the Assistant Secretary for Employment and Training.
SEC. 170. NATIONAL DISLOCATED WORKER GRANTS.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or disaster''
means--
(A) an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122 (1) and (2)); or
(B) an emergency or disaster situation of national
significance that could result in a potentially large loss of
employment, as declared or otherwise recognized by the chief
official of a Federal agency with authority for or jurisdiction
over the Federal response to the emergency or disaster
situation.
(2) Disaster area.--The term ``disaster area'' means an area
that has suffered or in which has occurred an emergency or
disaster.
(b) In General.--
(1) Grants.--The Secretary is authorized to award national
dislocated worker grants--
(A) to an entity described in subsection (c)(1)(B) to
provide employment and training assistance to workers affected
by major economic dislocations, such as plant closures, mass
layoffs, or closures and realignments of military
installations;
(B) to provide assistance to--
(i) the Governor of any State within the boundaries of
which is a disaster area, to provide disaster relief
employment in the disaster area; or
(ii) the Governor of any State to which a substantial
number of workers from an area in which an emergency or
disaster has been declared or otherwise recognized have
relocated;
(C) to provide additional assistance to a State board or
local board for eligible dislocated workers in a case in which
the State board or local board has expended the funds provided
under this section to carry out activities described in
subparagraphs (A) and (B) and can demonstrate the need for
additional funds to provide appropriate services for such
workers, in accordance with requirements prescribed by the
Secretary; and
(D) to provide additional assistance to a State board or
local board serving an area where--
(i) a higher-than-average demand for employment and
training activities for dislocated members of the Armed
Forces, spouses described in section 3(15)(E), or members
of the Armed Forces described in subsection (c)(2)(A)(iv),
exceeds State and local resources for providing such
activities; and
(ii) such activities are to be carried out in
partnership with the Department of Defense and Department
of Veterans Affairs transition assistance programs.
(2) Decisions and obligations.--The Secretary shall issue a
final decision on an application for a national dislocated worker
grant under this subsection not later than 45 calendar days after
receipt of the application. The Secretary shall issue a notice of
obligation for such grant not later than 10 days after the award of
such grant.
(c) Employment and Training Assistance Requirements.--
(1) Grant recipient eligibility.--
(A) Application.--To be eligible to receive a grant under
subsection (b)(1)(A), an entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(B) Eligible entity.--In this paragraph, the term
``entity'' means a State, a local board, an entity described in
section 166(c), an entity determined to be eligible by the
Governor of the State involved, and any other entity that
demonstrates to the Secretary the capability to effectively
respond to the circumstances relating to particular
dislocations.
(2) Participant eligibility.--
(A) In general.--In order to be eligible to receive
employment and training assistance under a national dislocated
worker grant awarded pursuant to subsection (b)(1)(A), an
individual shall be--
(i) a dislocated worker;
(ii) a civilian employee of the Department of Defense
or the Department of Energy employed at a military
installation that is being closed, or that will undergo
realignment, within the next 24 months after the date of
the determination of eligibility;
(iii) an individual who is employed in a nonmanagerial
position with a Department of Defense contractor, who is
determined by the Secretary of Defense to be at risk of
termination from employment as a result of reductions in
defense expenditures, and whose employer is converting
operations from defense to nondefense applications in order
to prevent worker layoffs; or
(iv) a member of the Armed Forces who--
(I) was on active duty or full-time National Guard
duty;
(II)(aa) is involuntarily separated (as defined in
section 1141 of title 10, United States Code) from
active duty or full-time National Guard duty; or
(bb) is separated from active duty or full-time
National Guard duty pursuant to a special separation
benefits program under section 1174a of title 10,
United States Code, or the voluntary separation
incentive program under section 1175 of that title;
(III) is not entitled to retired or retained pay
incident to the separation described in subclause (II);
and
(IV) applies for such employment and training
assistance before the end of the 180-day period
beginning on the date of that separation.
(B) Retraining assistance.--The individuals described in
subparagraph (A)(iii) shall be eligible for retraining
assistance to upgrade skills by obtaining marketable skills
needed to support the conversion described in subparagraph
(A)(iii).
(C) Additional requirements.--The Secretary shall establish
and publish additional requirements related to eligibility for
employment and training assistance under the national
dislocated worker grants to ensure effective use of the funds
available for this purpose.
(D) Definitions.--In this paragraph, the terms ``military
installation'' and ``realignment'' have the meanings given the
terms in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687
note).
(d) Disaster Relief Employment Assistance Requirements.--
(1) In general.--Funds made available under subsection
(b)(1)(B)--
(A) shall be used, in coordination with the Administrator
of the Federal Emergency Management Agency, as applicable, to
provide disaster relief employment on projects that provide
food, clothing, shelter, and other humanitarian assistance for
emergency and disaster victims, and projects regarding
demolition, cleaning, repair, renovation, and reconstruction of
damaged and destroyed structures, facilities, and lands located
within the disaster area and in offshore areas related to the
emergency or disaster;
(B) may be expended through public and private agencies and
organizations engaged in such projects; and
(C) may be expended to provide employment and training
activities.
(2) Eligibility.--An individual shall be eligible to be offered
disaster relief employment under subsection (b)(1)(B) if such
individual--
(A) is a dislocated worker;
(B) is a long-term unemployed individual;
(C) is temporarily or permanently laid off as a consequence
of the emergency or disaster; or
(D) in the case of an individual who is self-employed,
becomes unemployed or significantly underemployed as a result
of the emergency or disaster.
(3) Limitations on disaster relief employment.--
(A) In general.--Except as provided in subparagraph (B), no
individual shall be employed under subsection (b)(1)(B) for
more than 12 months for work related to recovery from a single
emergency or disaster.
(B) Extension.--At the request of a State, the Secretary
may extend such employment, related to recovery from a single
emergency or disaster involving the State, for not more than an
additional 12 months.
(4) Use of available funds.--Funds made available under
subsection (b)(1)(B) shall be available to assist workers described
in paragraph (2) who are affected by an emergency or disaster,
including workers who have relocated from an area in which an
emergency or disaster has been declared or otherwise recognized, as
appropriate. Under conditions determined by the Secretary and
following notification to the Secretary, a State may use such
funds, that are appropriated for any fiscal year and available for
expenditure under any grant awarded to the State under this
section, to provide any assistance authorized under this
subsection. Funds used pursuant to the authority provided under
this paragraph shall be subject to the liability and reimbursement
requirements described in paragraph (5).
(5) Liability and reimbursement.--Nothing in this Act shall be
construed to relieve liability, by a responsible party that is
liable under Federal law, for any costs incurred by the United
States under subsection (b)(1)(B) or this subsection, including the
responsibility to provide reimbursement for such costs to the
United States.
SEC. 171. YOUTHBUILD PROGRAM.
(a) Statement of Purpose.--The purposes of this section are--
(1) to enable disadvantaged youth to obtain the education and
employment skills necessary to achieve economic self-sufficiency in
occupations in demand and postsecondary education and training
opportunities;
(2) to provide disadvantaged youth with opportunities for
meaningful work and service to their communities;
(3) to foster the development of employment and leadership
skills and commitment to community development among youth in low-
income communities;
(4) to expand the supply of permanent affordable housing for
homeless individuals and low-income families by utilizing the
energies and talents of disadvantaged youth; and
(5) to improve the quality and energy efficiency of community
and other nonprofit and public facilities, including those
facilities that are used to serve homeless and low-income families.
(b) Definitions.--In this section:
(1) Adjusted income.--The term ``adjusted income'' has the
meaning given the term in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)).
(2) Applicant.--The term ``applicant'' means an eligible entity
that has submitted an application under subsection (c).
(3) Eligible entity.--The term ``eligible entity'' means a
public or private nonprofit agency or organization (including a
consortium of such agencies or organizations), including--
(A) a community-based organization;
(B) a faith-based organization;
(C) an entity carrying out activities under this title,
such as a local board;
(D) a community action agency;
(E) a State or local housing development agency;
(F) an Indian tribe or other agency primarily serving
Indians;
(G) a community development corporation;
(H) a State or local youth service or conservation corps;
and
(I) any other entity eligible to provide education or
employment training under a Federal program (other than the
program carried out under this section).
(4) Homeless individual.--The term ``homeless individual''
means a homeless individual (as defined in section 41403(6) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6))) or a
homeless child or youth (as defined in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))).
(5) Housing development agency.--The term ``housing development
agency'' means any agency of a State or local government, or any
private nonprofit organization, that is engaged in providing
housing for homeless individuals or low-income families.
(6) Income.--The term ``income'' has the meaning given the term
in section 3(b) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)).
(7) Indian; indian tribe.--The terms ``Indian'' and ``Indian
tribe'' have the meanings given such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(8) Low-income family.--The term ``low-income family'' means a
family described in section 3(b)(2) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(2)).
(9) Qualified national nonprofit agency.--The term ``qualified
national nonprofit agency'' means a nonprofit agency that--
(A) has significant national experience providing services
consisting of training, information, technical assistance, and
data management to YouthBuild programs or similar projects; and
(B) has the capacity to provide those services.
(10) Registered apprenticeship program.--The term ``registered
apprenticeship program'' means an apprenticeship program--
(A) registered under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.); and
(B) that meets such other criteria as may be established by
the Secretary under this section.
(11) Transitional housing.--The term ``transitional housing''
has the meaning given the term in section 401(29) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360(29)).
(12) Youthbuild program.--The term ``YouthBuild program'' means
any program that receives assistance under this section and
provides disadvantaged youth with opportunities for employment,
education, leadership development, and training through the
rehabilitation (which, for purposes of this section, shall include
energy efficiency enhancements) or construction of housing for
homeless individuals and low-income families, and of public
facilities.
(c) YouthBuild Grants.--
(1) Amounts of grants.--The Secretary is authorized to make
grants to applicants for the purpose of carrying out YouthBuild
programs approved under this section.
(2) Eligible activities.--An entity that receives a grant under
this subsection shall use the funds made available through the
grant to carry out a YouthBuild program, which may include the
following activities:
(A) Education and workforce investment activities
including--
(i) work experience and skills training (coordinated,
to the maximum extent feasible, with preapprenticeship and
registered apprenticeship programs) in the activities
described in subparagraphs (B) and (C) related to
rehabilitation or construction, and, if approved by the
Secretary, in additional in-demand industry sectors or
occupations in the region in which the program operates;
(ii) occupational skills training;
(iii) other paid and unpaid work experiences, including
internships and job shadowing;
(iv) services and activities designed to meet the
educational needs of participants, including--
(I) basic skills instruction and remedial
education;
(II) language instruction educational programs for
participants who are English language learners;
(III) secondary education services and activities,
including tutoring, study skills training, and school
dropout prevention and recovery activities, designed to
lead to the attainment of a secondary school diploma or
its recognized equivalent (including recognized
certificates of attendance or similar documents for
individuals with disabilities);
(IV) counseling and assistance in obtaining
postsecondary education and required financial aid; and
(V) alternative secondary school services;
(v) counseling services and related activities, such as
comprehensive guidance and counseling on drug and alcohol
abuse and referral;
(vi) activities designed to develop employment and
leadership skills, which may include community service and
peer-centered activities encouraging responsibility and
other positive social behaviors, and activities related to
youth policy committees that participate in decision-making
related to the program;
(vii) supportive services and provision of need-based
stipends necessary to enable individuals to participate in
the program and to assist individuals, for a period not to
exceed 12 months after the completion of training, in
obtaining or retaining employment, or applying for and
transitioning to postsecondary education or training; and
(viii) job search and assistance.
(B) Supervision and training for participants in the
rehabilitation or construction of housing, including
residential housing for homeless individuals or low-income
families, or transitional housing for homeless individuals,
and, if approved by the Secretary, in additional in-demand
industry sectors or occupations in the region in which the
program operates.
(C) Supervision and training for participants--
(i) in the rehabilitation or construction of community
and other public facilities, except that not more than 15
percent of funds appropriated to carry out this section may
be used for such supervision and training; and
(ii) if approved by the Secretary, in additional in-
demand industry sectors or occupations in the region in
which the program operates.
(D) Payment of administrative costs of the applicant,
including recruitment and selection of participants, except
that not more than 10 percent of the amount of assistance
provided under this subsection to the grant recipient may be
used for such costs.
(E) Adult mentoring.
(F) Provision of wages, stipends, or benefits to
participants in the program.
(G) Ongoing training and technical assistance that are
related to developing and carrying out the program.
(H) Follow-up services.
(3) Application.--
(A) Form and procedure.--To be qualified to receive a grant
under this subsection, an eligible entity shall submit an
application at such time, in such manner, and containing such
information as the Secretary may require.
(B) Minimum requirements.--The Secretary shall require that
the application contain, at a minimum--
(i) labor market information for the labor market area
where the proposed program will be implemented, including
both current data (as of the date of submission of the
application) and projections on career opportunities in
construction and in-demand industry sectors or occupations;
(ii) a request for the grant, specifying the amount of
the grant requested and its proposed uses;
(iii) a description of the applicant and a statement of
its qualifications, including a description of the
applicant's relationship with local boards, one-stop
operators, local unions, entities carrying out registered
apprenticeship programs, other community groups, and
employers, and the applicant's past experience, if any,
with rehabilitation or construction of housing or public
facilities, and with youth education and employment
training programs;
(iv) a description of the proposed site for the
proposed program;
(v) a description of the educational and job training
activities, work opportunities, postsecondary education and
training opportunities, and other services that will be
provided to participants, and how those activities,
opportunities, and services will prepare youth for
employment in in-demand industry sectors or occupations in
the labor market area described in clause (i);
(vi)(I) a description of the proposed activities to be
undertaken under the grant related to rehabilitation or
construction, and, in the case of an applicant requesting
approval from the Secretary to also carry out additional
activities related to in-demand industry sectors or
occupations, a description of such additional proposed
activities; and
(II) the anticipated schedule for carrying out all
activities proposed under subclause (I);
(vii) a description of the manner in which eligible
youth will be recruited and selected as participants,
including a description of arrangements that will be made
with local boards, one-stop operators, faith- and
community-based organizations, State educational agencies
or local educational agencies (including agencies of Indian
tribes), public assistance agencies, the courts of
jurisdiction, agencies operating shelters for homeless
individuals and other agencies that serve youth who are
homeless individuals, foster care agencies, and other
appropriate public and private agencies;
(viii) a description of the special outreach efforts
that will be undertaken to recruit eligible young women
(including young women with dependent children) as
participants;
(ix) a description of the specific role of employers in
the proposed program, such as their role in developing the
proposed program and assisting in service provision and in
placement activities;
(x) a description of how the proposed program will be
coordinated with other Federal, State, and local activities
and activities conducted by Indian tribes, such as local
workforce investment activities, career and technical
education and training programs, adult and language
instruction educational programs, activities conducted by
public schools, activities conducted by community colleges,
national service programs, and other job training provided
with funds available under this title;
(xi) assurances that there will be a sufficient number
of adequately trained supervisory personnel in the proposed
program;
(xii) a description of the levels of performance to be
achieved with respect to the primary indicators of
performance for eligible youth described in section
116(b)(2)(A)(ii);
(xiii) a description of the applicant's relationship
with local building trade unions regarding their
involvement in training to be provided through the proposed
program, the relationship of the proposed program to
established registered apprenticeship programs and
employers, the ability of the applicant to grant an
industry-recognized certificate or certification through
the program, and the quality of the program leading to the
certificate or certification;
(xiv) a description of activities that will be
undertaken to develop the leadership skills of
participants;
(xv) a detailed budget and a description of the system
of fiscal controls, and auditing and accountability
procedures, that will be used to ensure fiscal soundness
for the proposed program;
(xvi) a description of the commitments for any
additional resources (in addition to the funds made
available through the grant) to be made available to the
proposed program from--
(I) the applicant;
(II) recipients of other Federal, State, or local
housing and community development assistance that will
sponsor any part of the rehabilitation or construction,
operation and maintenance, or other housing and
community development activities undertaken as part of
the proposed program; or
(III) entities carrying out other Federal, State,
or local activities or activities conducted by Indian
tribes, including career and technical education and
training programs, adult and language instruction
educational programs, and job training provided with
funds available under this title;
(xvii) information identifying, and a description of,
the financing proposed for any--
(I) rehabilitation of the property involved;
(II) acquisition of the property; or
(III) construction of the property;
(xviii) information identifying, and a description of,
the entity that will operate and manage the property;
(xix) information identifying, and a description of,
the data collection systems to be used;
(xx) a certification, by a public official responsible
for the housing strategy for the State or unit of general
local government within which the proposed program is
located, that the proposed program is consistent with the
housing strategy; and
(xxi) a certification that the applicant will comply
with the requirements of the Fair Housing Act (42 U.S.C.
3601 et seq.) and will affirmatively further fair housing.
(4) Selection criteria.--For an applicant to be eligible to
receive a grant under this subsection, the applicant and the
applicant's proposed program shall meet such selection criteria as
the Secretary shall establish under this section, which shall
include criteria relating to--
(A) the qualifications or potential capabilities of an
applicant;
(B) an applicant's potential for developing a successful
YouthBuild program;
(C) the need for an applicant's proposed program, as
determined by the degree of economic distress of the community
from which participants would be recruited (measured by
indicators such as poverty, youth unemployment, and the number
of individuals who have dropped out of secondary school) and of
the community in which the housing and community and public
facilities proposed to be rehabilitated or constructed is
located (measured by indicators such as incidence of
homelessness, shortage of affordable housing, and poverty);
(D) the commitment of an applicant to providing skills
training, leadership development, and education to
participants;
(E) the focus of a proposed program on preparing youth for
in-demand industry sectors or occupations, or postsecondary
education and training opportunities;
(F) the extent of an applicant's coordination of activities
to be carried out through the proposed program with local
boards, one-stop operators, and one-stop partners participating
in the operation of the one-stop delivery system involved, or
the extent of the applicant's good faith efforts in achieving
such coordination;
(G) the extent of the applicant's coordination of
activities with public education, criminal justice, housing and
community development, national service, or postsecondary
education or other systems that relate to the goals of the
proposed program;
(H) the extent of an applicant's coordination of activities
with employers in the local area involved;
(I) the extent to which a proposed program provides for
inclusion of tenants who were previously homeless individuals
in the rental housing provided through the program;
(J) the commitment of additional resources (in addition to
the funds made available through the grant) to a proposed
program by--
(i) an applicant;
(ii) recipients of other Federal, State, or local
housing and community development assistance who will
sponsor any part of the rehabilitation or construction,
operation and maintenance, or other housing and community
development activities undertaken as part of the proposed
program; or
(iii) entities carrying out other Federal, State, or
local activities or activities conducted by Indian tribes,
including career and technical education and training
programs, adult and language instruction educational
programs, and job training provided with funds available
under this title;
(K) the applicant's potential to serve different regions,
including rural areas and States that have not previously
received grants for YouthBuild programs; and
(L) such other factors as the Secretary determines to be
appropriate for purposes of carrying out the proposed program
in an effective and efficient manner.
(5) Approval.--To the extent practicable, the Secretary shall
notify each applicant, not later than 5 months after the date of
receipt of the application by the Secretary, whether the
application is approved or not approved.
(d) Use of Housing Units.--Residential housing units rehabilitated
or constructed using funds made available under subsection (c), shall
be available solely--
(1) for rental by, or sale to, homeless individuals or low-
income families; or
(2) for use as transitional or permanent housing, for the
purpose of assisting in the movement of homeless individuals to
independent living.
(e) Additional Program Requirements.--
(1) Eligible participants.--
(A) In general.--Except as provided in subparagraph (B), an
individual may participate in a YouthBuild program only if such
individual is--
(i) not less than age 16 and not more than age 24, on
the date of enrollment;
(ii) a member of a low-income family, a youth in foster
care (including youth aging out of foster care), a youth
offender, a youth who is an individual with a disability, a
child of incarcerated parents, or a migrant youth; and
(iii) a school dropout, or an individual who was a
school dropout and has subsequently reenrolled.
(B) Exception for individuals not meeting income or
educational need requirements.--Not more than 25 percent of the
participants in such program may be individuals who do not meet
the requirements of clause (ii) or (iii) of subparagraph (A),
but who--
(i) are basic skills deficient, despite attainment of a
secondary school diploma or its recognized equivalent
(including recognized certificates of attendance or similar
documents for individuals with disabilities); or
(ii) have been referred by a local secondary school for
participation in a YouthBuild program leading to the
attainment of a secondary school diploma.
(2) Participation limitation.--An eligible individual selected
for participation in a YouthBuild program shall be offered full-
time participation in the program for a period of not less than 6
months and not more than 24 months.
(3) Minimum time devoted to educational services and
activities.--A YouthBuild program receiving assistance under
subsection (c) shall be structured so that participants in the
program are offered--
(A) education and related services and activities designed
to meet educational needs, such as those specified in clauses
(iv) through (vii) of subsection (c)(2)(A), during at least 50
percent of the time during which the participants participate
in the program; and
(B) work and skill development activities, such as those
specified in clauses (i), (ii), (iii), and (viii) of subsection
(c)(2)(A), during at least 40 percent of the time during which
the participants participate in the program.
(4) Authority restriction.--No provision of this section may be
construed to authorize any agency, officer, or employee of the
United States to exercise any direction, supervision, or control
over the curriculum, program of instruction, administration, or
personnel of any educational institution (including a school) or
school system, or over the selection of library resources,
textbooks, or other printed or published instructional materials by
any educational institution or school system.
(5) State and local standards.--All educational programs and
activities supported with funds provided under subsection (c) shall
be consistent with applicable State and local educational
standards. Standards and procedures for the programs and activities
that relate to awarding academic credit for and certifying
educational attainment in such programs and activities shall be
consistent with applicable State and local educational standards.
(f) Levels of Performance and Indicators.--
(1) In general.--The Secretary shall annually establish
expected levels of performance for YouthBuild programs relating to
each of the primary indicators of performance for eligible youth
activities described in section 116(b)(2)(A)(ii).
(2) Additional indicators.--The Secretary may establish
expected levels of performance for additional indicators for
YouthBuild programs, as the Secretary determines appropriate.
(g) Management and Technical Assistance.--
(1) Secretary assistance.--The Secretary may enter into
contracts with 1 or more entities to provide assistance to the
Secretary in the management, supervision, and coordination of the
program carried out under this section.
(2) Technical assistance.--
(A) Contracts and grants.--The Secretary shall enter into
contracts with or make grants to 1 or more qualified national
nonprofit agencies, in order to provide training, information,
technical assistance, program evaluation, and data management
to recipients of grants under subsection (c).
(B) Reservation of funds.--Of the amounts available under
subsection (i) to carry out this section for a fiscal year, the
Secretary shall reserve 5 percent to carry out subparagraph
(A).
(3) Capacity building grants.--
(A) In general.--In each fiscal year, the Secretary may use
not more than 3 percent of the amounts available under
subsection (i) to award grants to 1 or more qualified national
nonprofit agencies to pay for the Federal share of the cost of
capacity building activities.
(B) Federal share.--The Federal share of the cost described
in subparagraph (A) shall be 25 percent. The non-Federal share
shall be provided from private sources.
(h) Subgrants and Contracts.--Each recipient of a grant under
subsection (c) to carry out a YouthBuild program shall provide the
services and activities described in this section directly or through
subgrants, contracts, or other arrangements with local educational
agencies, institutions of higher education, State or local housing
development agencies, other public agencies, including agencies of
Indian tribes, or private organizations.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $77,534,000 for fiscal year 2015;
(2) $83,523,000 for fiscal year 2016;
(3) $85,256,000 for fiscal year 2017;
(4) $87,147,000 for fiscal year 2018;
(5) $89,196,000 for fiscal year 2019; and
(6) $91,087,000 for fiscal year 2020.
SEC. 172. AUTHORIZATION OF APPROPRIATIONS.
(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section)--
(1) $46,082,000 for fiscal year 2015;
(2) $49,641,000 for fiscal year 2016;
(3) $50,671,000 for fiscal year 2017;
(4) $51,795,000 for fiscal year 2018;
(5) $53,013,000 for fiscal year 2019; and
(6) $54,137,000 for fiscal year 2020.
(b) Migrant and Seasonal Farmworker Programs.--There are authorized
to be appropriated to carry out section 167--
(1) $81,896,000 for fiscal year 2015;
(2) $88,222,000 for fiscal year 2016;
(3) $90,052,000 for fiscal year 2017;
(4) $92,050,000 for fiscal year 2018;
(5) $94,214,000 for fiscal year 2019; and
(6) $96,211,000 for fiscal year 2020.
(c) Technical Assistance.--There are authorized to be appropriated
to carry out section 168--
(1) $3,000,000 for fiscal year 2015;
(2) $3,232,000 for fiscal year 2016;
(3) $3,299,000 for fiscal year 2017;
(4) $3,372,000 for fiscal year 2018;
(5) $3,451,000 for fiscal year 2019; and
(6) $3,524,000 for fiscal year 2020.
(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169--
(1) $91,000,000 for fiscal year 2015;
(2) $98,029,000 for fiscal year 2016;
(3) $100,063,000 for fiscal year 2017;
(4) $102,282,000 for fiscal year 2018;
(5) $104,687,000 for fiscal year 2019; and
(6) $106,906,000 for fiscal year 2020.
(e) Assistance for Veterans.--If, as of the date of enactment of
this Act, any unobligated funds appropriated to carry out section 168
of the Workforce Investment Act of 1998, as in effect on the day before
the date of enactment of this Act, remain available, the Secretary of
Labor shall continue to use such funds to carry out such section, as in
effect on such day, until all of such funds are expended.
(f) Assistance for Eligible Workers.--If, as of the date of
enactment of this Act, any unobligated funds appropriated to carry out
subsections (f) and (g) of section 173 of the Workforce Investment Act
of 1998, as in effect on the day before the date of enactment of this
Act, remain available, the Secretary of Labor shall continue to use
such funds to carry out such subsections, as in effect on such day,
until all of such funds are expended.
Subtitle E--Administration
SEC. 181. REQUIREMENTS AND RESTRICTIONS.
(a) Benefits.--
(1) Wages.--
(A) In general.--Individuals in on-the-job training or
individuals employed in activities under this title shall be
compensated at the same rates, including periodic increases, as
trainees or employees who are similarly situated in similar
occupations by the same employer and who have similar training,
experience, and skills, and such rates shall be in accordance
with applicable law, but in no event less than the higher of
the rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable
State or local minimum wage law.
(B) Rule of construction.--The reference in subparagraph
(A) to section 6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) shall not be applicable for individuals
in territorial jurisdictions in which section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) does not
apply.
(2) Treatment of allowances, earnings, and payments.--
Allowances, earnings, and payments to individuals participating in
programs under this title shall not be considered as income for the
purposes of determining eligibility for and the amount of income
transfer and in-kind aid furnished under any Federal or federally
assisted program based on need, other than as provided under the
Social Security Act (42 U.S.C. 301 et seq.).
(b) Labor Standards.--
(1) Limitations on activities that impact wages of employees.--
No funds provided under this title shall be used to pay the wages
of incumbent employees during their participation in economic
development activities provided through a statewide workforce
development system.
(2) Displacement.--
(A) Prohibition.--A participant in a program or activity
authorized under this title (referred to in this section as a
``specified activity'') shall not displace (including a partial
displacement, such as a reduction in the hours of nonovertime
work, wages, or employment benefits) any currently employed
employee (as of the date of the participation).
(B) Prohibition on impairment of contracts.--A specified
activity shall not impair an existing contract for services or
collective bargaining agreement, and no such activity that
would be inconsistent with the terms of a collective bargaining
agreement shall be undertaken without the written concurrence
of the labor organization and employer concerned.
(3) Other prohibitions.--A participant in a specified activity
shall not be employed in a job if--
(A) any other individual is on layoff from the same or any
substantially equivalent job;
(B) the employer has terminated the employment of any
regular employee or otherwise reduced the workforce of the
employer with the intention of filling the vacancy so created
with the participant; or
(C) the job is created in a promotional line that will
infringe in any way upon the promotional opportunities of
currently employed individuals (as of the date of the
participation).
(4) Health and safety.--Health and safety standards established
under Federal and State law otherwise applicable to working
conditions of employees shall be equally applicable to working
conditions of participants engaged in specified activities. To the
extent that a State workers' compensation law applies, workers'
compensation shall be provided to participants on the same basis as
the compensation is provided to other individuals in the State in
similar employment.
(5) Employment conditions.--Individuals in on-the-job training
or individuals employed in programs and activities under this title
shall be provided benefits and working conditions at the same level
and to the same extent as other trainees or employees working a
similar length of time and doing the same type of work.
(6) Opportunity to submit comments.--Interested members of the
public, including representatives of businesses and of labor
organizations, shall be provided an opportunity to submit comments
to the Secretary with respect to programs and activities proposed
to be funded under subtitle B.
(7) No impact on union organizing.--Each recipient of funds
under this title shall provide to the Secretary assurances that
none of such funds will be used to assist, promote, or deter union
organizing.
(c) Grievance Procedure.--
(1) In general.--Each State and local area receiving an
allotment or allocation under this title shall establish and
maintain a procedure for grievances or complaints alleging
violations of the requirements of this title from participants and
other interested or affected parties. Such procedure shall include
an opportunity for a hearing and be completed within 60 days after
the filing of the grievance or complaint.
(2) Investigation.--
(A) In general.--The Secretary shall investigate an
allegation of a violation described in paragraph (1) if--
(i) a decision relating to such violation has not been
reached within 60 days after the date of the filing of the
grievance or complaint and either party appeals to the
Secretary; or
(ii) a decision relating to such violation has been
reached within such 60 days and the party to which such
decision is adverse appeals such decision to the Secretary.
(B) Additional requirement.--The Secretary shall make a
final determination relating to an appeal made under
subparagraph (A) no later than 120 days after receiving such
appeal.
(3) Remedies.--Remedies that may be imposed under this section
for a violation of any requirement of this title shall be limited--
(A) to suspension or termination of payments under this
title;
(B) to prohibition of placement of a participant with an
employer that has violated any requirement under this title;
(C) where applicable, to reinstatement of an employee,
payment of lost wages and benefits, and reestablishment of
other relevant terms, conditions, and privileges of employment;
and
(D) where appropriate, to other equitable relief.
(4) Rule of construction.--Nothing in paragraph (3) shall be
construed to prohibit a grievant or complainant from pursuing a
remedy authorized under another Federal, State, or local law for a
violation of this title.
(d) Relocation.--
(1) Prohibition on use of funds to encourage or induce
relocation.--No funds provided under this title shall be used, or
proposed for use, to encourage or induce the relocation of a
business or part of a business if such relocation would result in a
loss of employment for any employee of such business at the
original location and such original location is within the United
States.
(2) Prohibition on use of funds after relocation.--No funds
provided under this title for an employment or training activity
shall be used for customized or skill training, on-the-job
training, incumbent worker training, transitional employment, or
company-specific assessments of job applicants or employees, for
any business or part of a business that has relocated, until the
date that is 120 days after the date on which such business
commences operations at the new location, if the relocation of such
business or part of a business results in a loss of employment for
any employee of such business at the original location and such
original location is within the United States.
(3) Repayment.--If the Secretary determines that a violation of
paragraph (1) or (2) has occurred, the Secretary shall require the
State that has violated such paragraph (or that has provided
funding to an entity that has violated such paragraph) to repay to
the United States an amount equal to the amount expended in
violation of such paragraph.
(e) Limitation on Use of Funds.--No funds available to carry out an
activity under this title shall be used for employment generating
activities, investment in revolving loan funds, capitalization of
businesses, investment in contract bidding resource centers, economic
development activities, or similar activities, that are not directly
related to training for eligible individuals under this title. No funds
received to carry out an activity under subtitle B shall be used for
foreign travel.
(f) Testing and Sanctioning for Use of Controlled Substances.--
(1) In general.--Notwithstanding any other provision of law, a
State shall not be prohibited by the Federal Government from--
(A) testing participants in programs under subtitle B for
the use of controlled substances; and
(B) sanctioning such participants who test positive for the
use of such controlled substances.
(2) Additional requirements.--
(A) Period of sanction.--In sanctioning participants in a
program under subtitle B who test positive for the use of
controlled substances--
(i) with respect to the first occurrence for which a
participant tests positive, a State may exclude the
participant from the program for a period not to exceed 6
months; and
(ii) with respect to the second occurrence and each
subsequent occurrence for which a participant tests
positive, a State may exclude the participant from the
program for a period not to exceed 2 years.
(B) Appeal.--The testing of participants and the imposition
of sanctions under this subsection shall be subject to
expeditious appeal in accordance with due process procedures
established by the State.
(C) Privacy.--A State shall establish procedures for
testing participants for the use of controlled substances that
ensure a maximum degree of privacy for the participants.
(3) Funding requirement.--In testing and sanctioning of
participants for the use of controlled substances in accordance
with this subsection, the only Federal funds that a State may use
are the amounts made available for the administration of statewide
workforce investment activities under section 134(a)(3)(B).
(g) Subgrant Authority.--A recipient of grant funds under this
title shall have the authority to enter into subgrants in order to
carry out the grant, subject to such conditions as the Secretary may
establish.
SEC. 182. PROMPT ALLOCATION OF FUNDS.
(a) Allotments Based on Latest Available Data.--All allotments to
States and grants to outlying areas under this title shall be based on
the latest available data and estimates satisfactory to the Secretary.
All data relating to disadvantaged adults and disadvantaged youth shall
be based on the most recent satisfactory data from the Bureau of the
Census.
(b) Publication in Federal Register Relating to Formula Funds.--
Whenever the Secretary allots funds required to be allotted under this
title, the Secretary shall publish in a timely fashion in the Federal
Register the amount proposed to be distributed to each recipient of the
funds.
(c) Requirement for Funds Distributed by Formula.--All funds
required to be allotted under section 127 or 132 shall be allotted
within 45 days after the date of enactment of the Act appropriating the
funds, except that, if such funds are appropriated in advance as
authorized by section 189(g), such funds shall be allotted or allocated
not later than the March 31 preceding the program year for which such
funds are to be available for obligation.
(d) Publication in Federal Register Relating to Discretionary
Funds.--Whenever the Secretary utilizes a formula to allot or allocate
funds made available for distribution at the Secretary's discretion
under this title, the Secretary shall, not later than 30 days prior to
such allotment or allocation, publish for comment in the Federal
Register the formula, the rationale for the formula, and the proposed
amounts to be distributed to each State and local area. After
consideration of any comments received, the Secretary shall publish
final allotments and allocations in the Federal Register.
(e) Availability of Funds.--Funds shall be made available under
section 128, and funds shall be made available under section 133, for a
local area not later than 30 days after the date the funds are made
available to the Governor involved, under section 127 or 132 (as the
case may be), or 7 days after the date the local plan for the area is
approved, whichever is later.
SEC. 183. MONITORING.
(a) In General.--The Secretary is authorized to monitor all
recipients of financial assistance under this title to determine
whether the recipients are complying with the provisions of this title,
including the regulations issued under this title.
(b) Investigations.--The Secretary may investigate any matter the
Secretary determines to be necessary to determine the compliance of the
recipients with this title, including the regulations issued under this
title. The investigations authorized by this subsection may include
examining records (including making certified copies of the records),
questioning employees, and entering any premises or onto any site in
which any part of a program or activity of such a recipient is
conducted or in which any of the records of the recipient are kept.
(c) Additional Requirement.--For the purpose of any investigation
or hearing conducted under this title by the Secretary, the provisions
of section 9 of the Federal Trade Commission Act (15 U.S.C. 49)
(relating to the attendance of witnesses and the production of
documents) apply to the Secretary, in the same manner and to the same
extent as the provisions apply to the Federal Trade Commission.
SEC. 184. FISCAL CONTROLS; SANCTIONS.
(a) Establishment of Fiscal Controls by States.--
(1) In general.--Each State shall establish such fiscal control
and fund accounting procedures as may be necessary to assure the
proper disbursal of, and accounting for, Federal funds allocated to
local areas under subtitle B. Such procedures shall ensure that all
financial transactions carried out under subtitle B are conducted
and records maintained in accordance with generally accepted
accounting principles applicable in each State.
(2) Cost principles.--
(A) In general.--Each State (including the Governor of the
State), local area (including the chief elected official for
the area), and provider receiving funds under this title shall
comply with the applicable uniform cost principles included in
appropriate circulars or rules of the Office of Management and
Budget for the type of entity receiving the funds.
(B) Exception.--The funds made available to a State for
administration of statewide workforce investment activities in
accordance with section 134(a)(3)(B) shall be allocable to the
overall administration of workforce investment activities, but
need not be specifically allocable to--
(i) the administration of adult employment and training
activities;
(ii) the administration of dislocated worker employment
and training activities; or
(iii) the administration of youth workforce investment
activities.
(3) Uniform administrative requirements.--
(A) In general.--Each State (including the Governor of the
State), local area (including the chief elected official for
the area), and provider receiving funds under this title shall
comply with the appropriate uniform administrative requirements
for grants and agreements applicable for the type of entity
receiving the funds, as promulgated in circulars or rules of
the Office of Management and Budget.
(B) Additional requirement.--Procurement transactions under
this title between local boards and units of State or local
governments shall be conducted only on a cost-reimbursable
basis.
(4) Monitoring.--Each Governor of a State shall conduct on an
annual basis onsite monitoring of each local area within the State
to ensure compliance with the uniform administrative requirements
referred to in paragraph (3).
(5) Action by governor.--If the Governor determines that a
local area is not in compliance with the uniform administrative
requirements referred to in paragraph (3), the Governor shall--
(A) require corrective action to secure prompt compliance
with the requirements; and
(B) impose the sanctions provided under subsection (b) in
the event of failure to take the required corrective action.
(6) Certification.--The Governor shall, every 2 years, certify
to the Secretary that--
(A) the State has implemented the uniform administrative
requirements referred to in paragraph (3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements as
required under paragraph (4); and
(C) the State has taken appropriate action to secure
compliance with the requirements pursuant to paragraph (5).
(7) Action by the secretary.--If the Secretary determines that
the Governor has not fulfilled the requirements of this subsection,
the Secretary shall--
(A) require corrective action to secure prompt compliance
with the requirements of this subsection; and
(B) impose the sanctions provided under subsection (e) in
the event of failure of the Governor to take the required
appropriate action to secure compliance with the requirements.
(b) Substantial Violation.--
(1) Action by governor.--If, as a result of financial and
compliance audits or otherwise, the Governor determines that there
is a substantial violation of a specific provision of this title,
and corrective action has not been taken, the Governor shall--
(A) issue a notice of intent to revoke approval of all or
part of the local plan affected; or
(B) impose a reorganization plan, which may include--
(i) decertifying the local board involved;
(ii) prohibiting the use of eligible providers;
(iii) selecting an alternative entity to administer the
program for the local area involved;
(iv) merging the local area into one or more other
local areas; or
(v) making such other changes as the Secretary or
Governor determines to be necessary to secure compliance
with the provision.
(2) Appeal.--
(A) In general.--The actions taken by the Governor pursuant
to subparagraphs (A) and (B) of paragraph (1) may be appealed
to the Secretary and shall not become effective until--
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) Additional requirement.--The Secretary shall make a
final decision under subparagraph (A) not later than 45 days
after the receipt of the appeal.
(3) Action by the secretary.--If the Governor fails to take
promptly an action required under paragraph (1), the Secretary
shall take such action.
(c) Repayment of Certain Amounts to the United States.--
(1) In general.--Every recipient of funds under this title
shall repay to the United States amounts found not to have been
expended in accordance with this title.
(2) Offset of repayment amount.--If the Secretary determines
that a State has expended funds received under this title in a
manner contrary to the requirements of this title, the Secretary
may require repayment by offsetting the amount of such expenditures
against any other amount to which the State is or may be entitled
under this title, except as provided under subsection (d)(1).
(3) Repayment from deduction by state.--If the Secretary
requires a State to repay funds as a result of a determination that
a local area of the State has expended funds in a manner contrary
to the requirements of this title, the Governor of the State may
use an amount deducted under paragraph (4) to repay the funds,
except as provided under subsection (e).
(4) Deduction by state.--The Governor may deduct an amount
equal to the misexpenditure described in paragraph (3) from
subsequent program year (subsequent to the program year for which
the determination was made) allocations to the local area from
funds reserved for the administrative costs of the local programs
involved, as appropriate.
(5) Limitations.--A deduction made by a State as described in
paragraph (4) shall not be made until such time as the Governor has
taken appropriate corrective action to ensure full compliance with
this title within such local area with regard to appropriate
expenditures of funds under this title.
(d) Repayment of Amounts.--
(1) In general.--Each recipient of funds under this title shall
be liable to repay the amounts described in subsection (c)(1), from
funds other than funds received under this title, upon a
determination by the Secretary that the misexpenditure of the
amounts was due to willful disregard of the requirements of this
title, gross negligence, failure to observe accepted standards of
administration, or a pattern of misexpenditure described in
subsection (c)(1). No such determination shall be made under this
subsection or subsection (c) until notice and opportunity for a
fair hearing have been given to the recipient.
(2) Factors in imposing sanctions.--In determining whether to
impose any sanction authorized by this section against a recipient
of funds under this title for violations of this title (including
applicable regulations) by a subgrantee or contractor of such
recipient, the Secretary shall first determine whether such
recipient has adequately demonstrated that the recipient has--
(A) established and adhered to an appropriate system, for
entering into and monitoring subgrant agreements and contracts
with subgrantees and contractors, that contains acceptable
standards for ensuring accountability;
(B) entered into a written subgrant agreement or contract
with such a subgrantee or contractor that established clear
goals and obligations in unambiguous terms;
(C) acted with due diligence to monitor the implementation
of the subgrant agreement or contract, including carrying out
the appropriate monitoring activities (including audits) at
reasonable intervals; and
(D) taken prompt and appropriate corrective action upon
becoming aware of any evidence of a violation of this title,
including regulations issued under this title, by such
subgrantee or contractor.
(3) Waiver.--If the Secretary determines that the recipient has
demonstrated substantial compliance with the requirements of
paragraph (2), the Secretary may waive the imposition of sanctions
authorized by this section upon such recipient. The Secretary is
authorized to impose any sanction consistent with the provisions of
this title and with any applicable Federal or State law directly
against any subgrantee or contractor for violation of this title,
including regulations issued under this title.
(e) Immediate Termination or Suspension of Assistance in Emergency
Situations.--In emergency situations, if the Secretary determines it is
necessary to protect the integrity of the funds or ensure the proper
operation of the program or activity involved, the Secretary may
immediately terminate or suspend financial assistance, in whole or in
part, to the recipient if the recipient is given prompt notice and the
opportunity for a subsequent hearing within 30 days after such
termination or suspension. The Secretary shall not delegate any of the
functions or authority specified in this subsection, other than to an
officer whose appointment is required to be made by and with the advice
and consent of the Senate.
(f) Discrimination Against Participants.--If the Secretary
determines that any recipient under this title has discharged or in any
other manner discriminated against a participant or against any
individual in connection with the administration of the program
involved, or against any individual because such individual has filed
any complaint or instituted or caused to be instituted any proceeding
under or related to this title, or has testified or is about to testify
in any such proceeding or an investigation under or related to this
title, or otherwise unlawfully denied to any individual a benefit to
which that individual is entitled under the provisions of this title,
including regulations issued under this title, the Secretary shall,
within 30 days, take such action or order such corrective measures, as
necessary, with respect to the recipient or the aggrieved individual,
or both.
(g) Remedies.--The remedies described in this section shall not be
considered to be the exclusive remedies available for violations
described in this section.
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.
(a) Recipient Recordkeeping and Reports.--
(1) In general.--Recipients of funds under this title shall
keep records that are sufficient to permit the preparation of
reports required by this title and to permit the tracing of funds
to a level of expenditure adequate to ensure that the funds have
not been spent unlawfully.
(2) Records and reports regarding general performance.--Every
such recipient shall maintain such records and submit such reports,
in such form and containing such information, as the Secretary may
require regarding the performance of programs and activities
carried out under this title. Such records and reports shall be
submitted to the Secretary but shall not be required to be
submitted more than once each quarter unless specifically requested
by Congress or a committee of Congress, in which case an estimate
regarding such information may be provided.
(3) Maintenance of standardized records.--In order to allow for
the preparation of the reports required under subsection (c), such
recipients shall maintain standardized records for all individual
participants and provide to the Secretary a sufficient number of
such records to provide for an adequate analysis of the records.
(4) Availability to the public.--
(A) In general.--Except as provided in subparagraph (B),
records maintained by such recipients pursuant to this
subsection shall be made available to the public upon request.
(B) Exception.--Subparagraph (A) shall not apply to--
(i) information, the disclosure of which would
constitute a clearly unwarranted invasion of personal
privacy; and
(ii) trade secrets, or commercial or financial
information, that is--
(I) obtained from a person; and
(II) privileged or confidential.
(C) Fees to recover costs.--Such recipients may charge fees
sufficient to recover costs applicable to the processing of
requests for records under subparagraph (A).
(b) Investigations of Use of Funds.--
(1) In general.--
(A) Secretary.--In order to evaluate compliance with the
provisions of this title, the Secretary shall conduct, in
several States, in each fiscal year, investigations of the use
of funds received by recipients under this title.
(B) Comptroller general of the united states.--In order to
ensure compliance with the provisions of this title, the
Comptroller General of the United States may conduct
investigations of the use of funds received under this title by
any recipient.
(2) Prohibition.--In conducting any investigation under this
title, the Secretary or the Comptroller General of the United
States may not request the compilation of any information that the
recipient is not otherwise required to compile and that is not
readily available to such recipient.
(3) Audits.--
(A) In general.--In carrying out any audit under this title
(other than any initial audit survey or any audit investigating
possible criminal or fraudulent conduct), either directly or
through grant or contract, the Secretary, the Inspector General
of the Department of Labor, or the Comptroller General of the
United States shall furnish to the State, recipient, or other
entity to be audited, advance notification of the overall
objectives and purposes of the audit, and any extensive
recordkeeping or data requirements to be met, not later than 14
days (or as soon as practicable) prior to the commencement of
the audit.
(B) Notification requirement.--If the scope, objectives, or
purposes of the audit change substantially during the course of
the audit, the entity being audited shall be notified of the
change as soon as practicable.
(C) Additional requirement.--The reports on the results of
such audits shall cite the law, regulation, policy, or other
criteria applicable to any finding contained in the reports.
(D) Rule of construction.--Nothing contained in this title
shall be construed so as to be inconsistent with the Inspector
General Act of 1978 (5 U.S.C. App.) or government auditing
standards issued by the Comptroller General of the United
States.
(c) Grantee Information Responsibilities.--Each State, each local
board, and each recipient (other than a subrecipient, subgrantee, or
contractor of a recipient) receiving funds under this title--
(1) shall make readily accessible such reports concerning its
operations and expenditures as shall be prescribed by the
Secretary;
(2) shall prescribe and maintain comparable management
information systems, in accordance with guidelines that shall be
prescribed by the Secretary, designed to facilitate the uniform
compilation, cross tabulation, and analysis of programmatic,
participant, and financial data, on statewide, local area, and
other appropriate bases, necessary for reporting, monitoring, and
evaluating purposes, including data necessary to comply with
section 188;
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title; and
(4) shall, to the extent practicable, submit or make available
(including through electronic means) any reports, records, plans,
or any other data that are required to be submitted or made
available, respectively, under this title.
(d) Information To Be Included in Reports.--
(1) In general.--The reports required in subsection (c) shall
include information regarding programs and activities carried out
under this title pertaining to--
(A) the relevant demographic characteristics (including
race, ethnicity, sex, and age) and other related information
regarding participants;
(B) the programs and activities in which participants are
enrolled, and the length of time that participants are engaged
in such programs and activities;
(C) outcomes of the programs and activities for
participants, including the occupations of participants, and
placement for participants in nontraditional employment;
(D) specified costs of the programs and activities; and
(E) information necessary to prepare reports to comply with
section 188.
(2) Additional requirement.--The Secretary shall ensure that
all elements of the information required for the reports described
in paragraph (1) are defined and that the information is reported
uniformly.
(e) Quarterly Financial Reports.--
(1) In general.--Each local board in a State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such reports
shall include information identifying all program and activity
costs by cost category in accordance with generally accepted
accounting principles and by year of the appropriation involved.
(2) Additional requirement.--Each State shall submit to the
Secretary, and the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives, on a quarterly basis, a summary of the reports
submitted to the Governor pursuant to paragraph (1).
(f) Maintenance of Additional Records.--Each State and local board
shall maintain records with respect to programs and activities carried
out under this title that identify--
(1) any income or profits earned, including such income or
profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) Cost Categories.--In requiring entities to maintain records of
costs by cost category under this title, the Secretary shall require
only that the costs be categorized as administrative or programmatic
costs.
SEC. 186. ADMINISTRATIVE ADJUDICATION.
(a) In General.--Whenever any applicant for financial assistance
under this title is dissatisfied because the Secretary has made a
determination not to award financial assistance in whole or in part to
such applicant, the applicant may request a hearing before an
administrative law judge of the Department of Labor. A similar hearing
may also be requested by any recipient for whom a corrective action has
been required or a sanction has been imposed by the Secretary under
section 184.
(b) Appeal.--The decision of the administrative law judge shall
constitute final action by the Secretary unless, within 20 days after
receipt of the decision of the administrative law judge, a party
dissatisfied with the decision or any part of the decision has filed
exceptions with the Secretary specifically identifying the procedure,
fact, law, or policy to which exception is taken. Any exception not
specifically urged during the 20-day period shall be deemed to have
been waived. After the 20-day period the decision of the administrative
law judge shall become the final decision of the Secretary unless the
Secretary, within 30 days after such filing, notifies the parties that
the case involved has been accepted for review.
(c) Time Limit.--Any case accepted for review by the Secretary
under subsection (b) shall be decided within 180 days after such
acceptance. If the case is not decided within the 180-day period, the
decision of the administrative law judge shall become the final
decision of the Secretary at the end of the 180-day period.
(d) Additional Requirement.--The provisions of section 187 shall
apply to any final action of the Secretary under this section.
SEC. 187. JUDICIAL REVIEW.
(a) Review.--
(1) Petition.--With respect to any final order by the Secretary
under section 186 by which the Secretary awards, declines to award,
or only conditionally awards, financial assistance under this
title, or any final order of the Secretary under section 186 with
respect to a corrective action or sanction imposed under section
184, any party to a proceeding that resulted in such final order
may obtain review of such final order in the United States Court of
Appeals having jurisdiction over the applicant for or recipient of
the funds involved, by filing a review petition within 30 days
after the date of issuance of such final order.
(2) Action on petition.--The clerk of the court shall transmit
a copy of the review petition to the Secretary, who shall file the
record on which the final order was entered as provided in section
2112 of title 28, United States Code. The filing of a review
petition shall not stay the order of the Secretary, unless the
court orders a stay. Petitions filed under this subsection shall be
heard expeditiously, if possible within 10 days after the date of
filing of a reply to the petition.
(3) Standard and scope of review.--No objection to the order of
the Secretary shall be considered by the court unless the objection
was specifically urged, in a timely manner, before the Secretary.
The review shall be limited to questions of law and the findings of
fact of the Secretary shall be conclusive if supported by
substantial evidence.
(b) Judgment.--The court shall have jurisdiction to make and enter
a decree affirming, modifying, or setting aside the order of the
Secretary in whole or in part. The judgment of the court regarding the
order shall be final, subject to certiorari review by the Supreme Court
as provided in section 1254(1) of title 28, United States Code.
SEC. 188. NONDISCRIMINATION.
(a) In General.--
(1) Federal financial assistance.--For the purpose of applying
the prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the
basis of disability under section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), on the basis of sex under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the
basis of race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and
activities funded or otherwise financially assisted in whole or in
part under this Act are considered to be programs and activities
receiving Federal financial assistance.
(2) Prohibition of discrimination regarding participation,
benefits, and employment.--No individual shall be excluded from
participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration of
or in connection with, any such program or activity because of
race, color, religion, sex (except as otherwise permitted under
title IX of the Education Amendments of 1972), national origin,
age, disability, or political affiliation or belief.
(3) Prohibition on assistance for facilities for sectarian
instruction or religious worship.--Participants shall not be
employed under this title to carry out the construction, operation,
or maintenance of any part of any facility that is used or to be
used for sectarian instruction or as a place for religious worship
(except with respect to the maintenance of a facility that is not
primarily or inherently devoted to sectarian instruction or
religious worship, in a case in which the organization operating
the facility is part of a program or activity providing services to
participants).
(4) Prohibition on discrimination on basis of participant
status.--No person may discriminate against an individual who is a
participant in a program or activity that receives funds under this
title, with respect to the terms and conditions affecting, or
rights provided to, the individual, solely because of the status of
the individual as a participant.
(5) Prohibition on discrimination against certain
noncitizens.--Participation in programs and activities or receiving
funds under this title shall be available to citizens and nationals
of the United States, lawfully admitted permanent resident aliens,
refugees, asylees, and parolees, and other immigrants authorized by
the Attorney General to work in the United States.
(b) Action of Secretary.--Whenever the Secretary finds that a State
or other recipient of funds under this title has failed to comply with
a provision of law referred to in subsection (a)(1), or with paragraph
(2), (3), (4), or (5) of subsection (a), including an applicable
regulation prescribed to carry out such provision or paragraph, the
Secretary shall notify such State or recipient and shall request that
the State or recipient comply. If within a reasonable period of time,
not to exceed 60 days, the State or recipient fails or refuses to
comply, the Secretary may--
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted; or
(2) take such other action as may be provided by law.
(c) Action of Attorney General.--When a matter is referred to the
Attorney General pursuant to subsection (b)(1), or whenever the
Attorney General has reason to believe that a State or other recipient
of funds under this title is engaged in a pattern or practice of
discrimination in violation of a provision of law referred to in
subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of
subsection (a), the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
(d) Job Corps.--For the purposes of this section, Job Corps members
shall be considered to be the ultimate beneficiaries of Federal
financial assistance.
(e) Regulations.--The Secretary shall issue regulations necessary
to implement this section not later than 1 year after the date of
enactment of the Workforce Innovation and Opportunity Act. Such
regulations shall adopt standards for determining discrimination and
procedures for enforcement that are consistent with the Acts referred
to in subsection (a)(1), as well as procedures to ensure that
complaints filed under this section and such Acts are processed in a
manner that avoids duplication of effort.
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND
RESPONSIBILITIES.
(a) In General.--In accordance with chapter 5 of title 5, United
States Code, the Secretary may prescribe rules and regulations to carry
out this title, only to the extent necessary to administer and ensure
compliance with the requirements of this title. Such rules and
regulations may include provisions making adjustments authorized by
section 6504 of title 31, United States Code. All such rules and
regulations shall be published in the Federal Register at least 30 days
prior to their effective dates. Copies of each such rule or regulation
shall be transmitted to the appropriate committees of Congress on the
date of such publication and shall contain, with respect to each
material provision of such rule or regulation, a citation to the
particular substantive section of law that is the basis for the
provision.
(b) Acquisition of Certain Property and Services.--The Secretary is
authorized, in carrying out this title, to accept, purchase, or lease
in the name of the Department of Labor, and employ or dispose of in
furtherance of the purposes of this title, any money or property, real,
personal, or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise, and to accept voluntary and uncompensated
services notwithstanding the provisions of section 1342 of title 31,
United States Code.
(c) Authority To Enter Into Certain Agreements and To Make Certain
Expenditures.--The Secretary may make such grants, enter into such
contracts or agreements, establish such procedures, and make such
payments, in installments and in advance or by way of reimbursement, or
otherwise allocate or expend such funds under this title, as may be
necessary to carry out this title, including making expenditures for
construction, repairs, and capital improvements, and including making
necessary adjustments in payments on account of over-payments or
underpayments.
(d) Annual Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate an annual report regarding the programs and
activities funded under this title. The Secretary shall include in such
report--
(1) a summary of the achievements, failures, and challenges of
the programs and activities in meeting the objectives of this
title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in the
fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
(e) Utilization of Services and Facilities.--The Secretary is
authorized, in carrying out this title, under the same procedures as
are applicable under subsection (c) or to the extent permitted by law
other than this title, to accept and use the services and facilities of
departments, agencies, and establishments of the United States. The
Secretary is also authorized, in carrying out this title, to accept and
use the services and facilities of the agencies of any State or
political subdivision of a State, with the consent of the State or
political subdivision.
(f) Obligational Authority.--Notwithstanding any other provision of
this title, the Secretary shall have no authority to enter into
contracts, grant agreements, or other financial assistance agreements
under this title, except to such extent and in such amounts as are
provided in advance in appropriations Acts.
(g) Program Year.--
(1) In general.--
(A) Program year.--Except as provided in subparagraph (B),
appropriations for any fiscal year for programs and activities
funded under this title shall be available for obligation only
on the basis of a program year. The program year shall begin on
July 1 in the fiscal year for which the appropriation is made.
(B) Youth workforce investment activities.--The Secretary
may make available for obligation, beginning April 1 of any
fiscal year, funds appropriated for such fiscal year to carry
out youth workforce investment activities under subtitle B and
activities under section 171.
(2) Availability.--
(A) In general.--Funds obligated for any program year for a
program or activity funded under subtitle B may be expended by
each State receiving such funds during that program year and
the 2 succeeding program years. Funds received by local areas
from States under subtitle B during a program year may be
expended during that program year and the succeeding program
year.
(B) Certain national activities.--
(i) In general.--Funds obligated for any program year
for any program or activity carried out under section 169
shall remain available until expended.
(ii) Incremental funding basis.--A contract or
arrangement entered into under the authority of subsection
(a) or (b) of section 169 (relating to evaluations,
research projects, studies and reports, and multistate
projects), including a long-term, nonseverable services
contract, may be funded on an incremental basis with annual
appropriations or other available funds.
(C) Special rule.--No amount of the funds obligated for a
program year for a program or activity funded under this title
shall be deobligated on account of a rate of expenditure that
is consistent with a State plan, an operating plan described in
section 151, or a plan, grant agreement, contract, application,
or other agreement described in subtitle D, as appropriate.
(D) Funds for pay-for-performance contract strategies.--
Funds used to carry out pay-for-performance contract strategies
by local areas shall remain available until expended.
(h) Enforcement of Military Selective Service Act.--The Secretary
shall ensure that each individual participating in any program or
activity established under this title, or receiving any assistance or
benefit under this title, has not violated section 3 of the Military
Selective Service Act (50 U.S.C. App. 453) by not presenting and
submitting to registration as required pursuant to such section. The
Director of the Selective Service System shall cooperate with the
Secretary to enable the Secretary to carry out this subsection.
(i) Waivers.--
(1) Special rule regarding designated areas.--A State that has
enacted, not later than December 31, 1997, a State law providing
for the designation of service delivery areas for the delivery of
workforce investment activities, may use such areas as local areas
under this title, notwithstanding section 106.
(2) Special rule regarding sanctions.--A State that has
enacted, not later than December 31, 1997, a State law providing
for the sanctioning of such service delivery areas for failure to
meet performance accountability measures for workforce investment
activities, may use the State law to sanction local areas for
failure to meet State performance accountability measures under
this title.
(3) General waivers of statutory or regulatory requirements.--
(A) General authority.--Notwithstanding any other provision
of law, the Secretary may waive for a State, or a local area in
a State, pursuant to a request submitted by the Governor of the
State (in consultation with appropriate local elected
officials) with a plan that meets the requirements of
subparagraph (B)--
(i) any of the statutory or regulatory requirements of
subtitle A, subtitle B, or this subtitle (except for
requirements relating to wage and labor standards,
including nondisplacement protections, worker rights,
participation and protection of workers and participants,
grievance procedures and judicial review,
nondiscrimination, allocation of funds to local areas,
eligibility of providers or participants, the establishment
and functions of local areas and local boards, the funding
of infrastructure costs for one-stop centers, and
procedures for review and approval of plans, and other
requirements relating to the basic purposes of this title);
and
(ii) any of the statutory or regulatory requirements of
sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C.
49g through 49i) (excluding requirements relating to the
provision of services to unemployment insurance claimants
and veterans, and requirements relating to universal access
to basic labor exchange services without cost to
jobseekers).
(B) Requests.--A Governor requesting a waiver under
subparagraph (A) shall submit a plan to the Secretary to
improve the statewide workforce development system that--
(i) identifies the statutory or regulatory requirements
that are requested to be waived and the goals that the
State or local area in the State, as appropriate, intends
to achieve as a result of the waiver;
(ii) describes the actions that the State or local
area, as appropriate, has undertaken to remove State or
local statutory or regulatory barriers;
(iii) describes the goals of the waiver and the
expected programmatic outcomes if the request is granted;
(iv) describes the individuals impacted by the waiver;
and
(v) describes the process used to monitor the progress
in implementing such a waiver, and the process by which
notice and, in the case of a waiver for a local area, an
opportunity to comment on such request has been provided to
the local board for the local area for which the waiver is
requested.
(C) Conditions.--Not later than 90 days after the date of
the original submission of a request for a waiver under
subparagraph (A), the Secretary shall provide a waiver under
this subsection if and only to the extent that--
(i) the Secretary determines that the requirements
requested to be waived impede the ability of the State or
local area, as appropriate, to implement the plan described
in subparagraph (B); and
(ii) the State has executed a memorandum of
understanding with the Secretary requiring such State to
meet, or ensure that the local area for which the waiver is
requested meets, agreed-upon outcomes and to implement
other appropriate measures to ensure accountability.
(D) Expedited determination regarding provision of
waivers.--If the Secretary has approved a waiver of statutory
or regulatory requirements for a State or local area pursuant
to this subsection, the Secretary shall expedite the
determination regarding the provision of that waiver, for
another State or local area if such waiver is in accordance
with the approved State or local plan, as appropriate.
SEC. 190. WORKFORCE FLEXIBILITY PLANS.
(a) Plans.--A State may submit to the Secretary, and the Secretary
may approve, a workforce flexibility plan under which the State is
authorized to waive, in accordance with the plan--
(1) any of the statutory or regulatory requirements applicable
under this title to local areas, pursuant to applications for such
waivers from the local areas, except for requirements relating to
the basic purposes of this title, wage and labor standards,
grievance procedures and judicial review, nondiscrimination,
eligibility of participants, allocation of funds to local areas,
establishment and functions of local areas and local boards,
procedures for review and approval of local plans, and worker
rights, participation, and protection;
(2) any of the statutory or regulatory requirements applicable
under sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g
through 49i) to the State (excluding requirements relating to the
provision of services to unemployment insurance claimants and
veterans, and requirements relating to universal access to basic
labor exchange services without cost to jobseekers); and
(3) any of the statutory or regulatory requirements applicable
under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) to
State agencies on aging with respect to activities carried out
using funds allotted under section 506(b) of such Act (42 U.S.C.
3056d(b)), except for requirements relating to the basic purposes
of such Act, wage and labor standards, eligibility of participants
in the activities, and standards for grant agreements.
(b) Content of Plans.--A workforce flexibility plan implemented by
a State under subsection (a) shall include descriptions of--
(1)(A) the process by which local areas in the State may submit
and obtain approval by the State of applications for waivers of
requirements applicable under this title; and
(B) the requirements described in subparagraph (A) that are
likely to be waived by the State under the plan;
(2) the requirements applicable under sections 8 through 10 of
the Wagner-Peyser Act that are proposed to be waived, if any;
(3) the requirements applicable under the Older Americans Act
of 1965 that are proposed to be waived, if any;
(4) the outcomes to be achieved by the waivers described in
paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the waivers.
(c) Periods.--The Secretary may approve a workforce flexibility
plan for a period of not more than 5 years.
(d) Opportunity for Public Comments.--Prior to submitting a
workforce flexibility plan to the Secretary for approval, the State
shall provide to all interested parties and to the general public
adequate notice of and a reasonable opportunity for comment on the
waiver requests proposed to be implemented pursuant to such plan.
SEC. 191. STATE LEGISLATIVE AUTHORITY.
(a) Authority of State Legislature.--Nothing in this title shall be
interpreted to preclude the enactment of State legislation providing
for the implementation, consistent with the provisions of this title,
of the activities assisted under this title. Any funds received by a
State under this title shall be subject to appropriation by the State
legislature, consistent with the terms and conditions required under
this title.
(b) Interstate Compacts and Cooperative Agreements.--In the event
that compliance with provisions of this title would be enhanced by
compacts and cooperative agreements between States, the consent of
Congress is given to States to enter into such compacts and agreements
to facilitate such compliance, subject to the approval of the
Secretary.
SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT SECURITY
AGENCY REAL PROPERTY TO THE STATES.
(a) Transfer of Federal Equity.--Notwithstanding any other
provision of law, any Federal equity acquired in real property through
grants to States awarded under title III of the Social Security Act (42
U.S.C. 501 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.) is transferred to the States that used the grants for the
acquisition of such equity. The portion of any real property that is
attributable to the Federal equity transferred under this section shall
be used to carry out activities authorized under this Act, title III of
the Social Security Act, or the Wagner-Peyser Act. Any disposition of
such real property shall be carried out in accordance with the
procedures prescribed by the Secretary and the portion of the proceeds
from the disposition of such real property that is attributable to the
Federal equity transferred under this section shall be used to carry
out activities authorized under this Act, title III of the Social
Security Act, or the Wagner-Peyser Act.
(b) Limitation on Use.--A State shall not use funds awarded under
this Act, title III of the Social Security Act, or the Wagner-Peyser
Act to amortize the costs of real property that is purchased by any
State on or after the date of enactment of the Revised Continuing
Appropriations Resolution, 2007.
SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLICIES.
(a) In General.--Notwithstanding any other provision of this title,
the Secretary may not deny approval of a State plan for a covered
State, or an application of a covered State for financial assistance,
under this title, or find a covered State (including a State board or
Governor), or a local area (including a local board or chief elected
official) in a covered State, in violation of a provision of this
title, on the basis that--
(1)(A) the State proposes to allocate or disburse, allocates,
or disburses, within the State, funds made available to the State
under section 127 or 132 in accordance with the allocation formula
for the type of activities involved, or in accordance with a
disbursal procedure or process, used by the State under prior
consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to the State
under section 127 or 132 in accordance with a disbursal procedure
or process used by a private industry council under prior
consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for funds
made available to the State under section 127 or 132 and allocated
within the State, fiscal agents selected in accordance with a
process established under prior consistent State laws;
(3) the State proposes to carry out or carries out a State
procedure through which the local boards in the State (or the local
boards, the chief elected officials in the State, and the Governor)
designate or select the one-stop partners and one-stop operators of
the statewide system in the State under prior consistent State
laws, in lieu of making the designation or certification described
in section 121 (regardless of the date the one-stop delivery
systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted to
determine that a provider shall not be selected to provide both
intake services under section 134(c)(2) and training services under
section 134(c)(3), under prior consistent State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles of the
State board (including determining the time periods for development
and submission of a State plan required under section 102 or 103),
for purposes of subtitle A in accordance with prior consistent
State laws; or
(6) a local board in the State proposes to use or carry out,
uses, or carries out a local plan (including assigning functions
and roles of the local board) for purposes of subtitle A in
accordance with the authorities and requirements applicable to
local plans and private industry councils under prior consistent
State laws.
(b) Definition.--In this section:
(1) Covered state.--The term ``covered State'' means a State
that enacted State laws described in paragraph (2).
(2) Prior consistent state laws.--The term ``prior consistent
State laws'' means State laws, not inconsistent with the Job
Training Partnership Act or any other applicable Federal law, that
took effect on September 1, 1993, September 1, 1995, and September
1, 1997.
SEC. 194. GENERAL PROGRAM REQUIREMENTS.
Except as otherwise provided in this title, the following
conditions apply to all programs under this title:
(1) Each program under this title shall provide employment and
training opportunities to those who can benefit from, and who are
most in need of, such opportunities. In addition, the recipients of
Federal funding for programs under this title shall make efforts to
develop programs that contribute to occupational development,
upward mobility, development of new careers, and opportunities for
nontraditional employment.
(2) Funds provided under this title shall only be used for
activities that are in addition to activities that would otherwise
be available in the local area in the absence of such funds.
(3)(A) Any local area may enter into an agreement with another
local area (including a local area that is a city or county within
the same labor market) to pay or share the cost of educating,
training, or placing individuals participating in programs assisted
under this title, including the provision of supportive services.
(B) Such agreement shall be approved by each local board for a
local area entering into the agreement and shall be described in
the local plan under section 108.
(4) On-the-job training contracts under this title, shall not
be entered into with employers who have received payments under
previous contracts under this Act or the Workforce Investment Act
of 1998 and have exhibited a pattern of failing to provide on-the-
job training participants with continued long-term employment as
regular employees with wages and employment benefits (including
health benefits) and working conditions at the same level and to
the same extent as other employees working a similar length of time
and doing the same type of work.
(5) No person or organization may charge an individual a fee
for the placement or referral of the individual in or to a
workforce investment activity under this title.
(6) The Secretary shall not provide financial assistance for
any program under this title that involves political activities.
(7)(A) Income under any program administered by a public or
private nonprofit entity may be retained by such entity only if
such income is used to continue to carry out the program.
(B) Income subject to the requirements of subparagraph (A)
shall include--
(i) receipts from goods or services (including conferences)
provided as a result of activities funded under this title;
(ii) funds provided to a service provider under this title
that are in excess of the costs associated with the services
provided; and
(iii) interest income earned on funds received under this
title.
(C) For purposes of this paragraph, each entity receiving
financial assistance under this title shall maintain records
sufficient to determine the amount of such income received and the
purposes for which such income is expended.
(8)(A) The Secretary shall notify the Governor and the
appropriate local board and chief elected official of, and consult
with the Governor and such board and official concerning, any
activity to be funded by the Secretary under this title within the
corresponding State or local area.
(B) The Governor shall notify the appropriate local board and
chief elected official of, and consult with such board and official
concerning, any activity to be funded by the Governor under this
title within the corresponding local area.
(9)(A) All education programs for youth supported with funds
provided under chapter 2 of subtitle B shall be consistent with
applicable State and local educational standards.
(B) Standards and procedures with respect to awarding academic
credit and certifying educational attainment in programs conducted
under such chapter shall be consistent with the requirements of
applicable State and local law, including regulation.
(10) No funds available under this title may be used for public
service employment except as specifically authorized under this
title.
(11) The Federal requirements governing the title, use, and
disposition of real property, equipment, and supplies purchased
with funds provided under this title shall be the corresponding
Federal requirements generally applicable to such items purchased
through Federal grants to States and local governments.
(12) Nothing in this title shall be construed to provide an
individual with an entitlement to a service under this title.
(13) Services, facilities, or equipment funded under this title
may be used, as appropriate, on a fee-for-service basis, by
employers in a local area in order to provide employment and
training activities to incumbent workers--
(A) when such services, facilities, or equipment are not in
use for the provision of services for eligible participants
under this title;
(B) if such use for incumbent workers would not have an
adverse effect on the provision of services to eligible
participants under this title; and
(C) if the income derived from such fees is used to carry
out the programs authorized under this title.
(14) Funds provided under this title shall not be used to
establish or operate a stand-alone fee-for-service enterprise in a
situation in which a private sector employment agency (as defined
in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e))
is providing full access to similar or related services in such a
manner as to fully meet the identified need. For purposes of this
paragraph, such an enterprise does not include a one-stop delivery
system described in section 121(e).
(15)(A) None of the funds available under this title shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of the annual rate of basic pay
prescribed for level II of the Executive Schedule under section
5313 of title 5, United States Code.
(B) The limitation described in subparagraph (A) shall not
apply to vendors providing goods and services as defined in Office
of Management and Budget Circular A-133. In a case in which a State
is a recipient of such funds, the State may establish a lower limit
than is provided in subparagraph (A) for salaries and bonuses of
those receiving salaries and bonuses from a subrecipient of such
funds, taking into account factors including the relative cost of
living in the State, the compensation levels for comparable State
or local government employees, and the size of the organizations
that administer the Federal programs involved.
SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Publicity Restrictions.--
(1) In general.--No funds provided under this Act shall be used
for--
(A) publicity or propaganda purposes; or
(B) the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication,
radio, television, or video presentation designed to support or
defeat--
(i) the enactment of legislation before Congress or any
State or local legislature or legislative body; or
(ii) any proposed or pending regulation, administrative
action, or order issued by the executive branch of any
State or local government.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships;
(B) the preparation, distribution, or use of the materials
described in paragraph (1)(B) in presentation to Congress or
any State or local legislature or legislative body; or
(C) such preparation, distribution, or use of such
materials in presentation to the executive branch of any State
or local government.
(b) Salary Restrictions.--
(1) In general.--No funds provided under this Act shall be used
to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity
designed to influence the enactment or issuance of legislation,
appropriations, regulations, administrative action, or an Executive
order proposed or pending before Congress or any State government,
or a State or local legislature or legislative body.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships; or
(B) participation by an agency or officer of a State,
local, or tribal government in policymaking and administrative
processes within the executive branch of that government.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Adult Education and Family
Literacy Act''.
SEC. 202. PURPOSE.
It is the purpose of this title to create a partnership among the
Federal Government, States, and localities to provide, on a voluntary
basis, adult education and literacy activities, in order to--
(1) assist adults to become literate and obtain the knowledge
and skills necessary for employment and economic self-sufficiency;
(2) assist adults who are parents or family members to obtain
the education and skills that--
(A) are necessary to becoming full partners in the
educational development of their children; and
(B) lead to sustainable improvements in the economic
opportunities for their family;
(3) assist adults in attaining a secondary school diploma and
in the transition to postsecondary education and training,
including through career pathways; and
(4) assist immigrants and other individuals who are English
language learners in--
(A) improving their--
(i) reading, writing, speaking, and comprehension
skills in English; and
(ii) mathematics skills; and
(B) acquiring an understanding of the American system of
Government, individual freedom, and the responsibilities of
citizenship.
SEC. 203. DEFINITIONS.
In this title:
(1) Adult education.--The term ``adult education'' means
academic instruction and education services below the postsecondary
level that increase an individual's ability to--
(A) read, write, and speak in English and perform
mathematics or other activities necessary for the attainment of
a secondary school diploma or its recognized equivalent;
(B) transition to postsecondary education and training; and
(C) obtain employment.
(2) Adult education and literacy activities.--The term ``adult
education and literacy activities'' means programs, activities, and
services that include adult education, literacy, workplace adult
education and literacy activities, family literacy activities,
English language acquisition activities, integrated English
literacy and civics education, workforce preparation activities, or
integrated education and training.
(3) Eligible agency.--The term ``eligible agency'' means the
sole entity or agency in a State or an outlying area responsible
for administering or supervising policy for adult education and
literacy activities in the State or outlying area, respectively,
consistent with the law of the State or outlying area,
respectively.
(4) Eligible individual.--The term ``eligible individual''
means an individual--
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be enrolled in
secondary school under State law; and
(C) who--
(i) is basic skills deficient;
(ii) does not have a secondary school diploma or its
recognized equivalent, and has not achieved an equivalent
level of education; or
(iii) is an English language learner.
(5) Eligible provider.--The term ``eligible provider'' means an
organization that has demonstrated effectiveness in providing adult
education and literacy activities that may include--
(A) a local educational agency;
(B) a community-based organization or faith-based
organization;
(C) a volunteer literacy organization;
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described in any of
subparagraphs (A) through (G) and has the ability to provide
adult education and literacy activities to eligible
individuals;
(I) a consortium or coalition of the agencies,
organizations, institutions, libraries, or authorities
described in any of subparagraphs (A) through (H); and
(J) a partnership between an employer and an entity
described in any of subparagraphs (A) through (I).
(6) English language acquisition program.--The term ``English
language acquisition program'' means a program of instruction--
(A) designed to help eligible individuals who are English
language learners achieve competence in reading, writing,
speaking, and comprehension of the English language; and
(B) that leads to--
(i)(I) attainment of a secondary school diploma or its
recognized equivalent; and
(II) transition to postsecondary education and
training; or
(ii) employment.
(7) English language learner.--The term ``English language
learner'' when used with respect to an eligible individual, means
an eligible individual who has limited ability in reading, writing,
speaking, or comprehending the English language, and--
(A) whose native language is a language other than English;
or
(B) who lives in a family or community environment where a
language other than English is the dominant language.
(8) Essential components of reading instruction.--The term
``essential components of reading instruction'' has the meaning
given the term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
(9) Family literacy activities.--The term ``family literacy
activities'' means activities that are of sufficient intensity and
quality, to make sustainable improvements in the economic prospects
for a family and that better enable parents or family members to
support their children's learning needs, and that integrate all of
the following activities:
(A) Parent or family adult education and literacy
activities that lead to readiness for postsecondary education
or training, career advancement, and economic self-sufficiency.
(B) Interactive literacy activities between parents or
family members and their children.
(C) Training for parents or family members regarding how to
be the primary teacher for their children and full partners in
the education of their children.
(D) An age-appropriate education to prepare children for
success in school and life experiences.
(10) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).
(11) Integrated education and training.--The term ``integrated
education and training'' means a service approach that provides
adult education and literacy activities concurrently and
contextually with workforce preparation activities and workforce
training for a specific occupation or occupational cluster for the
purpose of educational and career advancement.
(12) Integrated english literacy and civics education.--The
term ``integrated English literacy and civics education'' means
education services provided to English language learners who are
adults, including professionals with degrees and credentials in
their native countries, that enables such adults to achieve
competency in the English language and acquire the basic and more
advanced skills needed to function effectively as parents, workers,
and citizens in the United States. Such services shall include
instruction in literacy and English language acquisition and
instruction on the rights and responsibilities of citizenship and
civic participation, and may include workforce training.
(13) Literacy.--The term ``literacy'' means an individual's
ability to read, write, and speak in English, compute, and solve
problems, at levels of proficiency necessary to function on the
job, in the family of the individual, and in society.
(14) Postsecondary educational institution.--The term
``postsecondary educational institution'' means--
(A) an institution of higher education that provides not
less than a 2-year program of instruction that is acceptable
for credit toward a bachelor's degree;
(B) a tribally controlled college or university; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
(15) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(16) Workplace adult education and literacy activities.--The
term ``workplace adult education and literacy activities'' means
adult education and literacy activities offered by an eligible
provider in collaboration with an employer or employee organization
at a workplace or an off-site location that is designed to improve
the productivity of the workforce.
(17) Workforce preparation activities.--The term ``workforce
preparation activities'' means activities, programs, or services
designed to help an individual acquire a combination of basic
academic skills, critical thinking skills, digital literacy skills,
and self-management skills, including competencies in utilizing
resources, using information, working with others, understanding
systems, and obtaining skills necessary for successful transition
into and completion of postsecondary education or training, or
employment.
SEC. 204. HOME SCHOOLS.
Nothing in this title shall be construed to affect home schools,
whether a home school is treated as a home school or a private school
under State law, or to compel a parent or family member engaged in home
schooling to participate in adult education and literacy activities.
SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY TRANSITION
AND CONCURRENT ENROLLMENT ACTIVITIES.
Nothing in this title shall be construed to prohibit or discourage
the use of funds provided under this title for adult education and
literacy activities that help eligible individuals transition to
postsecondary education and training or employment, or for concurrent
enrollment activities.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016,
$635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018,
$664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year
2020.
Subtitle A--Federal Provisions
SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES;
ALLOTMENTS.
(a) Reservation of Funds.--From the sum appropriated under section
206 for a fiscal year, the Secretary--
(1) shall reserve 2 percent to carry out section 242, except
that the amount so reserved shall not exceed $15,000,000; and
(2) shall reserve 12 percent of the amount that remains after
reserving funds under paragraph (1) to carry out section 243.
(b) Grants to Eligible Agencies.--
(1) In general.--From the sum appropriated under section 206
and not reserved under subsection (a) for a fiscal year, the
Secretary shall award a grant to each eligible agency having a
unified State plan approved under section 102 or a combined State
plan approved under section 103 in an amount equal to the sum of
the initial allotment under subsection (c)(1) and the additional
allotment under subsection (c)(2) for the eligible agency for the
fiscal year, subject to subsections (f) and (g), to enable the
eligible agency to carry out the activities assisted under this
title.
(2) Purpose of grants.--The Secretary may award a grant under
paragraph (1) only if the eligible entity involved agrees to expend
the grant for adult education and literacy activities in accordance
with the provisions of this title.
(c) Allotments.--
(1) Initial allotments.--From the sum appropriated under
section 206 and not reserved under subsection (a) for a fiscal
year, the Secretary shall allot to each eligible agency having a
unified State plan approved under section 102 or a combined State
plan approved under section 103--
(A) $100,000, in the case of an eligible agency serving an
outlying area; and
(B) $250,000, in the case of any other eligible agency.
(2) Additional allotments.--From the sum appropriated under
section 206, not reserved under subsection (a), and not allotted
under paragraph (1), for a fiscal year, the Secretary shall allot
to each eligible agency that receives an initial allotment under
paragraph (1) an additional amount that bears the same relationship
to such sum as the number of qualifying adults in the State or
outlying area served by the eligible agency bears to the number of
such adults in all States and outlying areas.
(d) Qualifying Adult.--For the purpose of subsection (c)(2), the
term ``qualifying adult'' means an adult who--
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance under the
law of the State or outlying area;
(3) does not have a secondary school diploma or its recognized
equivalent; and
(4) is not enrolled in secondary school.
(e) Special Rule.--
(1) In general.--From amounts made available under subsection
(c) for the Republic of Palau, the Secretary shall award grants to
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, or the Republic of Palau to carry out activities described
in this title in accordance with the provisions of this title, as
determined by the Secretary.
(2) Award basis.--The Secretary shall award grants pursuant to
paragraph (1) on a competitive basis and pursuant to the
recommendations from the Pacific Region Educational Laboratory in
Honolulu, Hawaii.
(3) Termination of eligibility.--Notwithstanding any other
provision of law, the Republic of Palau shall be eligible to
receive a grant under this title except during the period described
in section 3(45).
(4) Administrative costs.--The Secretary may provide not more
than 5 percent of the funds made available for grants under this
subsection to pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities assisted under this
subsection.
(f) Hold-harmless Provisions.--
(1) In general.--Notwithstanding subsection (c), for fiscal
year 2015 and each succeeding fiscal year, no eligible agency shall
receive an allotment under this section that is less than 90
percent of the allotment the eligible agency received for the
preceding fiscal year under this section.
(2) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to satisfy
the provisions of paragraph (1) the Secretary shall ratably reduce
the payments to all eligible agencies, as necessary.
(g) Reallotment.--The portion of any eligible agency's allotment
under this title for a fiscal year that the Secretary determines will
not be required for the period such allotment is available for carrying
out activities under this title, shall be available for reallotment
from time to time, on such dates during such period as the Secretary
shall fix, to other eligible agencies in proportion to the original
allotments to such agencies under this title for such year.
SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
Programs and activities authorized in this title are subject to the
performance accountability provisions described in section 116.
Subtitle B--State Provisions
SEC. 221. STATE ADMINISTRATION.
Each eligible agency shall be responsible for the State or outlying
area administration of activities under this title, including--
(1) the development, implementation, and monitoring of the
relevant components of the unified State plan in section 102 or the
combined State plan in section 103;
(2) consultation with other appropriate agencies, groups, and
individuals that are involved in, or interested in, the development
and implementation of activities assisted under this title; and
(3) coordination and nonduplication with other Federal and
State education, training, corrections, public housing, and social
service programs.
SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
(a) State Distribution of Funds.--Each eligible agency receiving a
grant under section 211(b) for a fiscal year--
(1) shall use not less than 82.5 percent of the grant funds to
award grants and contracts under section 231 and to carry out
section 225, of which not more than 20 percent of such amount shall
be available to carry out section 225;
(2) shall use not more than 12.5 percent of the grant funds to
carry out State leadership activities under section 223; and
(3) shall use not more than 5 percent of the grant funds, or
$85,000, whichever is greater, for the administrative expenses of
the eligible agency.
(b) Matching Requirement.--
(1) In general.--In order to receive a grant from the Secretary
under section 211(b) each eligible agency shall provide, for the
costs to be incurred by the eligible agency in carrying out the
adult education and literacy activities for which the grant is
awarded, a non-Federal contribution in an amount that is not less
than--
(A) in the case of an eligible agency serving an outlying
area, 12 percent of the total amount of funds expended for
adult education and literacy activities in the outlying area,
except that the Secretary may decrease the amount of funds
required under this subparagraph for an eligible agency; and
(B) in the case of an eligible agency serving a State, 25
percent of the total amount of funds expended for adult
education and literacy activities in the State.
(2) Non-federal contribution.--An eligible agency's non-Federal
contribution required under paragraph (1) may be provided in cash
or in kind, fairly evaluated, and shall include only non-Federal
funds that are used for adult education and literacy activities in
a manner that is consistent with the purpose of this title.
SEC. 223. STATE LEADERSHIP ACTIVITIES.
(a) Activities.--
(1) Required.--Each eligible agency shall use funds made
available under section 222(a)(2) for the following adult education
and literacy activities to develop or enhance the adult education
system of the State or outlying area:
(A) The alignment of adult education and literacy
activities with other core programs and one-stop partners,
including eligible providers, to implement the strategy
identified in the unified State plan under section 102 or the
combined State plan under section 103, including the
development of career pathways to provide access to employment
and training services for individuals in adult education and
literacy activities.
(B) The establishment or operation of high quality
professional development programs to improve the instruction
provided pursuant to local activities required under section
231(b), including instruction incorporating the essential
components of reading instruction as such components relate to
adults, instruction related to the specific needs of adult
learners, instruction provided by volunteers or by personnel of
a State or outlying area, and dissemination of information
about models and promising practices related to such programs.
(C) The provision of technical assistance to eligible
providers of adult education and literacy activities receiving
funds under this title, including--
(i) the development and dissemination of instructional
and programmatic practices based on the most rigorous or
scientifically valid research available and appropriate, in
reading, writing, speaking, mathematics, English language
acquisition programs, distance education, and staff
training;
(ii) the role of eligible providers as a one-stop
partner to provide access to employment, education, and
training services; and
(iii) assistance in the use of technology, including
for staff training, to eligible providers, especially the
use of technology to improve system efficiencies.
(D) The monitoring and evaluation of the quality of, and
the improvement in, adult education and literacy activities and
the dissemination of information about models and proven or
promising practices within the State.
(2) Permissible activities.--Each eligible agency may use funds
made available under section 222(a)(2) for 1 or more of the
following adult education and literacy activities:
(A) The support of State or regional networks of literacy
resource centers.
(B) The development and implementation of technology
applications, translation technology, or distance education,
including professional development to support the use of
instructional technology.
(C) Developing and disseminating curricula, including
curricula incorporating the essential components of reading
instruction as such components relate to adults.
(D) Developing content and models for integrated education
and training and career pathways.
(E) The provision of assistance to eligible providers in
developing and implementing programs that achieve the
objectives of this title and in measuring the progress of those
programs in achieving such objectives, including meeting the
State adjusted levels of performance described in section
116(b)(3).
(F) The development and implementation of a system to
assist in the transition from adult education to postsecondary
education, including linkages with postsecondary educational
institutions or institutions of higher education.
(G) Integration of literacy and English language
instruction with occupational skill training, including
promoting linkages with employers.
(H) Activities to promote workplace adult education and
literacy activities.
(I) Identifying curriculum frameworks and aligning rigorous
content standards that--
(i) specify what adult learners should know and be able
to do in the areas of reading and language arts,
mathematics, and English language acquisition; and
(ii) take into consideration the following:
(I) State adopted academic standards.
(II) The current adult skills and literacy
assessments used in the State or outlying area.
(III) The primary indicators of performance
described in section 116.
(IV) Standards and academic requirements for
enrollment in nonremedial, for-credit courses in
postsecondary educational institutions or institutions
of higher education supported by the State or outlying
area.
(V) Where appropriate, the content of occupational
and industry skill standards widely used by business
and industry in the State or outlying area.
(J) Developing and piloting of strategies for improving
teacher quality and retention.
(K) The development and implementation of programs and
services to meet the needs of adult learners with learning
disabilities or English language learners, which may include
new and promising assessment tools and strategies that are
based on scientifically valid research, where appropriate, and
identify the needs and capture the gains of such students at
the lowest achievement levels.
(L) Outreach to instructors, students, and employers.
(M) Other activities of statewide significance that promote
the purpose of this title.
(b) Collaboration.--In carrying out this section, eligible agencies
shall collaborate where possible, and avoid duplicating efforts, in
order to maximize the impact of the activities described in subsection
(a).
(c) State-imposed Requirements.--Whenever a State or outlying area
implements any rule or policy relating to the administration or
operation of a program authorized under this title that has the effect
of imposing a requirement that is not imposed under Federal law
(including any rule or policy based on a State or outlying area
interpretation of a Federal statute, regulation, or guideline), the
State or outlying area shall identify, to eligible providers, the rule
or policy as being imposed by the State or outlying area.
SEC. 224. STATE PLAN.
Each State desiring to receive funds under this title for any
fiscal year shall submit and have approved a unified State plan in
accordance with section 102 or a combined State plan in accordance with
section 103.
SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
(a) Program Authorized.--From funds made available under section
222(a)(1) for a fiscal year, each eligible agency shall carry out
corrections education and education for other institutionalized
individuals.
(b) Uses of Funds.--The funds described in subsection (a) shall be
used for the cost of educational programs for criminal offenders in
correctional institutions and for other institutionalized individuals,
including academic programs for--
(1) adult education and literacy activities;
(2) special education, as determined by the eligible agency;
(3) secondary school credit;
(4) integrated education and training;
(5) career pathways;
(6) concurrent enrollment;
(7) peer tutoring; and
(8) transition to re-entry initiatives and other postrelease
services with the goal of reducing recidivism.
(c) Priority.--Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall give priority to
serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
(d) Report.--In addition to any report required under section 116,
each eligible agency that receives assistance provided under this
section shall annually prepare and submit to the Secretary a report on
the progress, as described in section 116, of the eligible agency with
respect to the programs and activities carried out under this section,
including the relative rate of recidivism for the criminal offenders
served.
(e) Definitions.--In this section:
(1) Correctional institution.--The term ``correctional
institution'' means any--
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based rehabilitation center,
or any other similar institution designed for the confinement
or rehabilitation of criminal offenders.
(2) Criminal offender.--The term ``criminal offender'' means
any individual who is charged with or convicted of any criminal
offense.
Subtitle C--Local Provisions
SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
(a) Grants and Contracts.--From grant funds made available under
section 222(a)(1), each eligible agency shall award multiyear grants or
contracts, on a competitive basis, to eligible providers within the
State or outlying area to enable the eligible providers to develop,
implement, and improve adult education and literacy activities within
the State.
(b) Required Local Activities.--The eligible agency shall require
that each eligible provider receiving a grant or contract under
subsection (a) use the grant or contract to establish or operate
programs that provide adult education and literacy activities,
including programs that provide such activities concurrently.
(c) Direct and Equitable Access; Same Process.--Each eligible
agency receiving funds under this title shall ensure that--
(1) all eligible providers have direct and equitable access to
apply and compete for grants or contracts under this section; and
(2) the same grant or contract announcement process and
application process is used for all eligible providers in the State
or outlying area.
(d) Special Rule.--Each eligible agency awarding a grant or
contract under this section shall not use any funds made available
under this title for adult education and literacy activities for the
purpose of supporting or providing programs, services, or activities
for individuals who are not individuals described in subparagraphs (A)
and (B) of section 203(4), except that such agency may use such funds
for such purpose if such programs, services, or activities are related
to family literacy activities. In providing family literacy activities
under this title, an eligible provider shall attempt to coordinate with
programs and services that are not assisted under this title prior to
using funds for adult education and literacy activities under this
title for activities other than activities for eligible individuals.
(e) Considerations.--In awarding grants or contracts under this
section, the eligible agency shall consider--
(1) the degree to which the eligible provider would be
responsive to--
(A) regional needs as identified in the local plan under
section 108; and
(B) serving individuals in the community who were
identified in such plan as most in need of adult education and
literacy activities, including individuals--
(i) who have low levels of literacy skills; or
(ii) who are English language learners;
(2) the ability of the eligible provider to serve eligible
individuals with disabilities, including eligible individuals with
learning disabilities;
(3) past effectiveness of the eligible provider in improving
the literacy of eligible individuals, to meet State-adjusted levels
of performance for the primary indicators of performance described
in section 116, especially with respect to eligible individuals who
have low levels of literacy;
(4) the extent to which the eligible provider demonstrates
alignment between proposed activities and services and the strategy
and goals of the local plan under section 108, as well as the
activities and services of the one-stop partners;
(5) whether the eligible provider's program--
(A) is of sufficient intensity and quality, and based on
the most rigorous research available so that participants
achieve substantial learning gains; and
(B) uses instructional practices that include the essential
components of reading instruction;
(6) whether the eligible provider's activities, including
whether reading, writing, speaking, mathematics, and English
language acquisition instruction delivered by the eligible
provider, are based on the best practices derived from the most
rigorous research available and appropriate, including
scientifically valid research and effective educational practice;
(7) whether the eligible provider's activities effectively use
technology, services, and delivery systems, including distance
education in a manner sufficient to increase the amount and quality
of learning and how such technology, services, and systems lead to
improved performance;
(8) whether the eligible provider's activities provide learning
in context, including through integrated education and training, so
that an individual acquires the skills needed to transition to and
complete postsecondary education and training programs, obtain and
advance in employment leading to economic self-sufficiency, and to
exercise the rights and responsibilities of citizenship;
(9) whether the eligible provider's activities are delivered by
well-trained instructors, counselors, and administrators who meet
any minimum qualifications established by the State, where
applicable, and who have access to high quality professional
development, including through electronic means;
(10) whether the eligible provider's activities coordinate with
other available education, training, and social service resources
in the community, such as by establishing strong links with
elementary schools and secondary schools, postsecondary educational
institutions, institutions of higher education, local workforce
investment boards, one-stop centers, job training programs, and
social service agencies, business, industry, labor organizations,
community-based organizations, nonprofit organizations, and
intermediaries, for the development of career pathways;
(11) whether the eligible provider's activities offer flexible
schedules and coordination with Federal, State, and local support
services (such as child care, transportation, mental health
services, and career planning) that are necessary to enable
individuals, including individuals with disabilities or other
special needs, to attend and complete programs;
(12) whether the eligible provider maintains a high-quality
information management system that has the capacity to report
measurable participant outcomes (consistent with section 116) and
to monitor program performance; and
(13) whether the local areas in which the eligible provider is
located have a demonstrated need for additional English language
acquisition programs and civics education programs.
SEC. 232. LOCAL APPLICATION.
Each eligible provider desiring a grant or contract from an
eligible agency shall submit an application to the eligible agency
containing such information and assurances as the eligible agency may
require, including--
(1) a description of how funds awarded under this title will be
spent consistent with the requirements of this title;
(2) a description of any cooperative arrangements the eligible
provider has with other agencies, institutions, or organizations
for the delivery of adult education and literacy activities;
(3) a description of how the eligible provider will provide
services in alignment with the local plan under section 108,
including how such provider will promote concurrent enrollment in
programs and activities under title I, as appropriate;
(4) a description of how the eligible provider will meet the
State adjusted levels of performance described in section
116(b)(3), including how such provider will collect data to report
on such performance indicators;
(5) a description of how the eligible provider will fulfill
one-stop partner responsibilities as described in section
121(b)(1)(A), as appropriate;
(6) a description of how the eligible provider will provide
services in a manner that meets the needs of eligible individuals;
and
(7) information that addresses the considerations described
under section 231(e), as applicable.
SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
(a) In General.--Subject to subsection (b), of the amount that is
made available under this title to an eligible provider--
(1) not less than 95 percent shall be expended for carrying out
adult education and literacy activities; and
(2) the remaining amount, not to exceed 5 percent, shall be
used for planning, administration (including carrying out the
requirements of section 116), professional development, and the
activities described in paragraphs (3) and (5) of section 232.
(b) Special Rule.--In cases where the cost limits described in
subsection (a) are too restrictive to allow for the activities
described in subsection (a)(2), the eligible provider shall negotiate
with the eligible agency in order to determine an adequate level of
funds to be used for noninstructional purposes.
Subtitle D--General Provisions
SEC. 241. ADMINISTRATIVE PROVISIONS.
(a) Supplement Not Supplant.--Funds made available for adult
education and literacy activities under this title shall supplement and
not supplant other State or local public funds expended for adult
education and literacy activities.
(b) Maintenance of Effort.--
(1) In general.--
(A) Determination.--An eligible agency may receive funds
under this title for any fiscal year if the Secretary finds
that the fiscal effort per student or the aggregate
expenditures of such eligible agency for activities under this
title, in the second preceding fiscal year, were not less than
90 percent of the fiscal effort per student or the aggregate
expenditures of such eligible agency for adult education and
literacy activities in the third preceding fiscal year.
(B) Proportionate reduction.--Subject to paragraphs (2),
(3), and (4), for any fiscal year with respect to which the
Secretary determines under subparagraph (A) that the fiscal
effort or the aggregate expenditures of an eligible agency for
the preceding program year were less than such effort or
expenditures for the second preceding program year, the
Secretary--
(i) shall determine the percentage decreases in such
effort or in such expenditures; and
(ii) shall decrease the payment made under this title
for such program year to the agency for adult education and
literacy activities by the lesser of such percentages.
(2) Computation.--In computing the fiscal effort and aggregate
expenditures under paragraph (1), the Secretary shall exclude
capital expenditures and special one-time project costs.
(3) Decrease in federal support.--If the amount made available
for adult education and literacy activities under this title for a
fiscal year is less than the amount made available for adult
education and literacy activities under this title for the
preceding fiscal year, then the fiscal effort per student and the
aggregate expenditures of an eligible agency required in order to
avoid a reduction under paragraph (1)(B) shall be decreased by the
same percentage as the percentage decrease in the amount so made
available.
(4) Waiver.--The Secretary may waive the requirements of this
subsection for not more than 1 fiscal year, if the Secretary
determines that a waiver would be equitable due to exceptional or
uncontrollable circumstances, such as a natural disaster or an
unforeseen and precipitous decline in the financial resources of
the State or outlying area of the eligible agency. If the Secretary
grants a waiver under the preceding sentence for a fiscal year, the
level of effort required under paragraph (1) shall not be reduced
in the subsequent fiscal year because of the waiver.
SEC. 242. NATIONAL LEADERSHIP ACTIVITIES.
(a) In General.--The Secretary shall establish and carry out a
program of national leadership activities to enhance the quality and
outcomes of adult education and literacy activities and programs
nationwide.
(b) Required Activities.--The national leadership activities
described in subsection (a) shall include technical assistance,
including--
(1) assistance to help States meet the requirements of section
116;
(2) upon request by a State, assistance provided to eligible
providers in using performance accountability measures based on
indicators described in section 116, and data systems for the
improvement of adult education and literacy activities;
(3) carrying out rigorous research and evaluation on effective
adult education and literacy activities, as well as estimating the
number of adults functioning at the lowest levels of literacy
proficiency, which shall be coordinated across relevant Federal
agencies, including the Institute of Education Sciences; and
(4) carrying out an independent evaluation at least once every
4 years of the programs and activities under this title, taking
into consideration the evaluation subjects referred to in section
169(a)(2).
(c) Allowable Activities.--The national leadership activities
described in subsection (a) may include the following:
(1) Technical assistance, including--
(A) assistance related to professional development
activities, and assistance for the purposes of developing,
improving, identifying, and disseminating the most successful
methods and techniques for providing adult education and
literacy activities, based on scientifically valid research
where available;
(B) assistance in distance education and promoting and
improving the use of technology in the classroom, including
instruction in English language acquisition for English
language learners;
(C) assistance in the development and dissemination of
proven models for addressing the digital literacy needs of
adults, including older adults; and
(D) supporting efforts aimed at strengthening programs at
the State and local levels, such as technical assistance in
program planning, assessment, evaluation, and monitoring of
activities carried out under this title.
(2) Funding national leadership activities either directly or
through grants, contracts, or cooperative agreements awarded on a
competitive basis to or with postsecondary educational
institutions, institutions of higher education, public or private
organizations or agencies (including public libraries), or
consortia of such institutions, organizations, or agencies, which
may include--
(A) developing, improving, and identifying the most
successful methods and techniques for addressing the education
needs of adults, including instructional practices using the
essential components of reading instruction based on the work
of the National Institute of Child Health and Human
Development;
(B) supporting national, regional, or local networks of
private nonprofit organizations, public libraries, or
institutions of higher education to strengthen the ability of
such networks' members to meet the performance requirements
described in section 116 of eligible providers;
(C) increasing the effectiveness, and improving the
quality, of adult education and literacy activities, which may
include--
(i) carrying out rigorous research;
(ii) carrying out demonstration programs;
(iii) accelerating learning outcomes for eligible
individuals with the lowest literacy levels;
(iv) developing and promoting career pathways for
eligible individuals;
(v) promoting concurrent enrollment programs in adult
education and credit bearing postsecondary coursework;
(vi) developing high-quality professional development
activities for eligible providers; and
(vii) developing, replicating, and disseminating
information on best practices and innovative programs, such
as--
(I) the identification of effective strategies for
working with adults with learning disabilities and with
adults who are English language learners;
(II) integrated education and training programs;
(III) workplace adult education and literacy
activities; and
(IV) postsecondary education and training
transition programs;
(D) providing for the conduct of an independent evaluation
and assessment of adult education and literacy activities
through grants and contracts awarded on a competitive basis,
which shall include descriptions of--
(i) the effect of performance accountability measures
and other measures of accountability on the delivery of
adult education and literacy activities;
(ii) the extent to which the adult education and
literacy activities increase the literacy skills of
eligible individuals, lead to involvement in education and
training, enhance the employment and earnings of such
participants, and, if applicable, lead to other positive
outcomes, such as success in re-entry and reductions in
recidivism in the case of prison-based adult education and
literacy activities;
(iii) the extent to which the provision of support
services to eligible individuals enrolled in adult
education and literacy activities increase the rate of
enrollment in, and successful completion of, such programs;
and
(iv) the extent to which different types of providers
measurably improve the skills of eligible individuals in
adult education and literacy activities;
(E) collecting data, such as data regarding the improvement
of both local and State data systems, through technical
assistance and development of model performance data collection
systems;
(F) determining how participation in adult education and
literacy activities prepares eligible individuals for entry
into postsecondary education and employment and, in the case of
programs carried out in correctional institutions, has an
effect on recidivism; and
(G) other activities designed to enhance the quality of
adult education and literacy activities nationwide.
SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
(a) In General.--From funds made available under section 211(a)(2)
for each fiscal year, the Secretary shall award grants to States, from
allotments under subsection (b), for integrated English literacy and
civics education, in combination with integrated education and training
activities.
(b) Allotment.--
(1) In general.--Subject to paragraph (2), from amounts made
available under section 211(a)(2) for a fiscal year, the Secretary
shall allocate--
(A) 65 percent to the States on the basis of a State's need
for integrated English literacy and civics education, as
determined by calculating each State's share of a 10-year
average of the data of the Office of Immigration Statistics of
the Department of Homeland Security for immigrants admitted for
legal permanent residence for the 10 most recent years; and
(B) 35 percent to the States on the basis of whether the
State experienced growth, as measured by the average of the 3
most recent years for which the data of the Office of
Immigration Statistics of the Department of Homeland Security
for immigrants admitted for legal permanent residence are
available.
(2) Minimum.--No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
(c) Goal.--Each program that receives funding under this section
shall be designed to--
(1) prepare adults who are English language learners for, and
place such adults in, unsubsidized employment in in-demand
industries and occupations that lead to economic self-sufficiency;
and
(2) integrate with the local workforce development system and
its functions to carry out the activities of the program.
(d) Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate and make available to the public, a report on
the activities carried out under this section.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended by
inserting ``service'' before ``offices''.
SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the terms `chief elected official', `institution of
higher education', `one-stop center', `one-stop partner', `training
services', `workforce development activity', and `workplace
learning advisor', have the meaning given the terms in section 3 of
the Workforce Innovation and Opportunity Act;'';
(2) in paragraph (2)--
(A) by striking ``investment board'' each place it appears
and inserting ``development board''; and
(B) by striking ``section 117 of the Workforce Investment
Act of 1998'' and inserting ``section 107 of the Workforce
Innovation and Opportunity Act'';
(3) in paragraph (3)--
(A) by striking ``134(c)'' and inserting ``121(e)''; and
(B) by striking ``Workforce Investment Act of 1998'' and
inserting ``Workforce Innovation and Opportunity Act''; and
(4) in paragraph (4), by striking ``and'' at the end;
(5) in paragraph (5), by striking the period and inserting ``;
and''; and
(6) by adding at the end the following:
``(6) the term `employment service office' means a local office
of a State agency; and
``(7) except in section 15, the term `State agency', used
without further description, means an agency designated or
authorized under section 4.''.
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) Coordination.--Section 3(a) of the Wagner-Peyser Act (29 U.S.C.
49b(a)) is amended by striking ``services'' and inserting ``service
offices''.
(b) Public Labor Exchange Services System.--Section 3(c) of the
Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended--
(1) in paragraph (2), by striking the semicolon and inserting
``, and identify and disseminate information on best practices for
such system; and''; and
(2) by adding at the end the following:
``(4) in coordination with the State agencies and the staff of
such agencies, assist in the planning and implementation of
activities to enhance the professional development and career
advancement opportunities of such staff, in order to strengthen the
provision of a broad range of career guidance services, the
identification of job openings (including providing intensive
outreach to small and medium-sized employers and enhanced employer
services), the provision of technical assistance and training to
other providers of workforce development activities (including
workplace learning advisors) relating to counseling and employment-
related services, and the development of new strategies for
coordinating counseling and technology.''.
(c) One-stop Centers.--Section 3 of the Wagner-Peyser Act (29
U.S.C. 49b) is amended by inserting after subsection (c) the following:
``(d) In order to improve service delivery, avoid duplication of
services, and enhance coordination of services, including location of
staff to ensure access to services under section 7(a) statewide in
underserved areas, employment service offices in each State shall be
colocated with one-stop centers.
``(e) The Secretary, in consultation with States, is authorized to
assist the States in the development of national electronic tools that
may be used to improve access to workforce information for individuals
through--
``(1) the one-stop delivery systems established as described in
section 121(e) of the Workforce Innovation and Opportunity Act; and
``(2) such other delivery systems as the Secretary determines
to be appropriate.''.
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended--
(1) in subsection (a), by striking ``amounts appropriated
pursuant to section 5'' and inserting ``funds appropriated and
(except for Guam) certified under section 5 and made available for
allotments under this section''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting before ``the Secretary'' the following
``after making the allotments required by subsection
(a),''; and
(ii) by striking ``sums'' and all that follows through
``this Act'' and inserting ``funds described in subsection
(a)'';
(B) in each of subparagraphs (A) and (B), by striking
``sums'' and inserting ``remainder''; and
(C) by adding at the end the following: ``For purposes of
this paragraph, the term `State' does not include Guam or the
Virgin Islands.''.
SEC. 305. USE OF SUMS.
(a) Improved Coordination.--Section 7(a)(1) of the Wagner-Peyser
Act (29 U.S.C. 49f(a)(1)) is amended by inserting ``, including
unemployment insurance claimants,'' after ``seekers''.
(b) Resources for Unemployment Insurance Claimants.--Section
7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) in subparagraph (F)--
(A) by inserting ``, including making eligibility
assessments,'' after ``system''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by inserting after subparagraph (F) the following:
``(G) providing unemployment insurance claimants with
referrals to, and application assistance for, training and
education resources and programs, including Federal Pell Grants
under subpart 1 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a et seq.), educational assistance
under chapter 30 of title 38, United States Code (commonly
referred to as the Montgomery GI Bill), and chapter 33 of that
title (Post-9/11 Veterans Educational Assistance), student
assistance under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), State student higher education
assistance, and training and education programs provided under
titles I and II of the Workforce Innovation and Opportunity
Act, and title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.).''.
(c) State Activities.--Section 7(b) of the Wagner-Peyser Act (29
U.S.C. 49f(b)) is amended--
(1) in paragraph (1), by striking ``performance standards
established by the Secretary'' and inserting ``the performance
accountability measures that are based on indicators described in
section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity
Act'';
(2) in paragraph (2), by inserting ``offices'' after
``employment service''; and
(3) in paragraph (3), by inserting ``, and models for enhancing
professional development and career advancement opportunities of
State agency staff, as described in section 3(c)(4)'' after
``subsection (a)''.
(d) Providing Additional Funds.--Subsections (c)(2) and (d) of
section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended by
striking ``the Workforce Investment Act of 1998'' and inserting ``the
Workforce Innovation and Opportunity Act''.
(e) Conforming Amendment.--Section 7(e) of the Wagner-Peyser Act
(29 U.S.C. 49f(e)) is amended by striking ``labor employment
statistics'' and inserting ``workforce and labor market information''.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended to
read as follows:
``Sec. 8. Any State desiring to receive assistance under section 6
shall prepare and submit to, and have approved by, the Secretary and
the Secretary of Education, a State plan in accordance with section 102
or 103 of the Workforce Innovation and Opportunity Act.''.
SEC. 307. PERFORMANCE MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is
amended to read as follows:
``(a) The activities carried out pursuant to section 7 shall be
subject to the performance accountability measures that are based on
indicators described in section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act.''.
SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
(a) Heading.--The section heading for section 15 of the Wagner-
Peyser Act (29 U.S.C. 49l-2) is amended by striking ``employment
statistics'' and inserting ``workforce and labor market information
system''.
(b) Name of System.--Section 15(a)(1) of the Wagner-Peyser Act (29
U.S.C. 49l-2(a)(1)) is amended by striking ``employment statistics
system of employment statistics'' and inserting ``workforce and labor
market information system''.
(c) System Responsibilities.--Section 15(b) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Structure.--The workforce and labor market
information system described in subsection (a) shall be
evaluated and improved by the Secretary, in consultation with
the Workforce Information Advisory Council established in
subsection (d).
``(B) Grants and responsibilities.--
``(i) In general.--The Secretary shall carry out the
provisions of this section in a timely manner, through
grants to or agreements with States.
``(ii) Distribution of funds.--Using amounts
appropriated under subsection (g), the Secretary shall
provide funds through those grants and agreements. In
distributing the funds (relating to workforce and labor
market information funding) for fiscal years 2015 through
2020, the Secretary shall continue to distribute the funds
to States in the manner in which the Secretary distributed
funds to the States under this section for fiscal years
2004 through 2008.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Duties.--The Secretary, with respect to data collection,
analysis, and dissemination of workforce and labor market
information for the system, shall carry out the following duties:
``(A) Assign responsibilities within the Department of
Labor for elements of the workforce and labor market
information system described in subsection (a) to ensure that
the statistical and administrative data collected is consistent
with appropriate Bureau of Labor Statistics standards and
definitions, and that the information is accessible and
understandable to users of such data.
``(B) Actively seek the cooperation of heads of other
Federal agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the development
and operation of statistical and administrative data collection
activities.
``(C) Solicit, receive, and evaluate the recommendations
from the Workforce Information Advisory Council established in
subsection (d) concerning the evaluation and improvement of the
workforce and labor market information system described in
subsection (a) and respond in writing to the Council regarding
the recommendations.
``(D) Eliminate gaps and duplication in statistical
undertakings.
``(E) Through the Bureau of Labor Statistics and the
Employment and Training Administration, and in collaboration
with States, develop and maintain the elements of the workforce
and labor market information system described in subsection
(a), including the development of consistent procedures and
definitions for use by the States in collecting the data and
information described in subparagraphs (A) and (B) of
subsection (a)(1).
``(F) Establish procedures for the system to ensure that--
``(i) such data and information are timely; and
``(ii) paperwork and reporting for the system are
reduced to a minimum.''.
(d) Two-year Plan.--Section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2) is amended by striking subsection (c) and inserting the
following:
``(c) Two-year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, and in consultation with the Workforce
Information Advisory Council described in subsection (d) and heads of
other appropriate Federal agencies, shall prepare a 2-year plan for the
workforce and labor market information system. The plan shall be
developed and implemented in a manner that takes into account the
activities described in State plans submitted by States under section
102 or 103 of the Workforce Innovation and Opportunity Act and shall be
submitted to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate. The plan shall include--
``(1) a description of how the Secretary will work with the
States to manage the nationwide workforce and labor market
information system described in subsection (a) and the statewide
workforce and labor market information systems that comprise the
nationwide system;
``(2) a description of the steps to be taken in the following 2
years to carry out the duties described in subsection (b)(2);
``(3) an evaluation of the performance of the system, with
particular attention to the improvements needed at the State and
local levels;
``(4) a description of the involvement of States in the
development of the plan, through consultation by the Secretary with
the Workforce Information Advisory Council in accordance with
subsection (d); and
``(5) a description of the written recommendations received
from the Workforce Information Advisory Council established under
subsection (d), and the extent to which those recommendations were
incorporated into the plan.''.
(e) Workforce Information Advisory Council.--Section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking subsection
(d) and inserting the following:
``(d) Workforce Information Advisory Council.--
``(1) In general.--The Secretary, through the Commissioner of
Labor Statistics and the Assistant Secretary for Employment and
Training, shall formally consult at least twice annually with the
Workforce Information Advisory Council established in accordance
with paragraph (2). Such consultations shall address the evaluation
and improvement of the nationwide workforce and labor market
information system described in subsection (a) and the statewide
workforce and labor market information systems that comprise the
nationwide system and how the Department of Labor and the States
will cooperate in the management of such systems. The Council shall
provide written recommendations to the Secretary concerning the
evaluation and improvement of the nationwide system, including any
recommendations regarding the 2-year plan described in subsection
(c).
``(2) Establishment of council.--
``(A) Establishment.--The Secretary shall establish an
advisory council that shall be known as the Workforce
Information Advisory Council (referred to in this section as
the `Council') to participate in the consultations and provide
the recommendations described in paragraph (1).
``(B) Membership.--The Secretary shall appoint the members
of the Council, which shall consist of--
``(i) 4 members who are representatives of lead State
agencies with responsibility for workforce investment
activities, or State agencies described in section 4, who
have been nominated by such agencies or by a national
organization that represents such agencies;
``(ii) 4 members who are representatives of the State
workforce and labor market information directors affiliated
with the State agencies that perform the duties described
in subsection (e)(2), who have been nominated by the
directors;
``(iii) 1 member who is a representative of providers
of training services under section 122 of the Workforce
Innovation and Opportunity Act;
``(iv) 1 member who is a representative of economic
development entities;
``(v) 1 member who is a representative of businesses,
who has been nominated by national business organizations
or trade associations;
``(vi) 1 member who is a representative of labor
organizations, who has been nominated by a national labor
federation;
``(vii) 1 member who is a representative of local
workforce development boards, who has been nominated by a
national organization representing such boards; and
``(viii) 1 member who is a representative of research
entities that utilize workforce and labor market
information.
``(C) Geographic diversity.--The Secretary shall ensure
that the membership of the Council is geographically diverse
and that no 2 of the members appointed under clauses (i), (ii),
and (vii) represent the same State.
``(D) Period of appointment; vacancies.--
``(i) In general.--Each member of the Council shall be
appointed for a term of 3 years, except that the initial
terms for members may be 1, 2, or 3 years in order to
establish a rotation in which one-third of the members are
selected each year. Any such member may be appointed for
not more than 2 consecutive terms.
``(ii) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member may
serve after the expiration of that member's term until a
successor has taken office.
``(E) Travel expenses.--The members of the Council shall
not receive compensation for the performance of services for
the Council, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or regular
places of business in the performance of services for the
Council. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated services of members of the Council.
``(F) Permanent council.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.''.
(f) State Responsibilities.--Section 15(e) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(e)) is amended--
(1) by striking ``employment statistics'' each place it appears
and inserting ``workforce and labor market information'';
(2) in paragraph (1)(A) by striking ``annual plan'' and
inserting ``plan described in subsection (c)'';
(3) in paragraph (2)--
(A) in subparagraph (G), by inserting ``and'' at the end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ``section 136(f)(2) of
the Workforce Investment Act of 1998'' and inserting ``section
116(i)(2) of the Workforce Innovation and Opportunity Act'';
and
(D) by redesignating subparagraph (I) as subparagraph (H).
(g) Authorization of Appropriations.--Section 15(g) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(g)) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2004'' and
inserting ``$60,153,000 for fiscal year 2015, $64,799,000 for fiscal
year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal
year 2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal
year 2020''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a provision, the amendment or repeal shall be considered to
be made to a provision of the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) Findings.--Section 2(a) (29 U.S.C. 701(a)) is amended--
(1) in paragraph (4), by striking ``workforce investment
systems under title I of the Workforce Investment Act of 1998'' and
inserting ``workforce development systems defined in section 3 of
the Workforce Innovation and Opportunity Act'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period and inserting ``;
and''; and
(4) by adding at the end the following:
``(7)(A) a high proportion of students with disabilities is
leaving secondary education without being employed in competitive
integrated employment, or being enrolled in postsecondary
education; and
``(B) there is a substantial need to support such students as
they transition from school to postsecondary life.''.
(b) Purpose.--Section 2(b) (29 U.S.C. 701(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``workforce investment
systems implemented in accordance with title I of the Workforce
Investment Act of 1998'' and inserting ``workforce development
systems defined in section 3 of the Workforce Innovation and
Opportunity Act''; and
(B) at the end of subparagraph (F), by striking ``and'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) to maximize opportunities for individuals with
disabilities, including individuals with significant disabilities,
for competitive integrated employment;'';
(4) in paragraph (3), as redesignated by paragraph (2), by
striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(4) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful input by employers and vocational
rehabilitation service providers on successful and prospective
employment and placement strategies; and
``(5) to ensure, to the greatest extent possible, that youth
with disabilities and students with disabilities who are
transitioning from receipt of special education services under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) and receipt of services under section 504 of this Act have
opportunities for postsecondary success.''.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``in the Department
of Education'' after ``Secretary'';
(B) by striking the second sentence and inserting ``Such
Administration shall be the principal agency, and the
Commissioner shall be the principal officer, of the Department
for purposes of carrying out titles I, III, VI, and chapter 2
of title VII.''; and
(C) in the fourth and sixth sentences, by inserting ``of
Education'' after ``Secretary'' the first place it appears; and
(2) in subsection (b), by inserting ``of Education'' after
``Secretary''.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended--
(1) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the semicolon and inserting
``; and''; and
(C) by adding at the end the following:
``(v) to the maximum extent possible, relies on
information obtained from experiences in integrated
employment settings in the community, and other integrated
community settings;'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Assistive technology terms.--
``(A) Assistive technology.--The term `assistive
technology' has the meaning given such term in section 3 of the
Assistive Technology Act of 1998 (29 U.S.C. 3002).
``(B) Assistive technology device.--The term `assistive
technology device' has the meaning given such term in section 3
of the Assistive Technology Act of 1998, except that the
reference in such section to the term `individuals with
disabilities' shall be deemed to mean more than 1 individual
with a disability as defined in paragraph (20)(A)).
``(C) Assistive technology service.--The term `assistive
technology service' has the meaning given such term in section
3 of the Assistive Technology Act of 1998, except that the
reference in such section--
``(i) to the term `individual with a disability' shall
be deemed to mean an individual with a disability, as
defined in paragraph (20)(A); and
``(ii) to the term `individuals with disabilities'
shall be deemed to mean more than 1 such individual.'';
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as redesignated by paragraph (3)--
(A) by redesignating subparagraphs (O) through (Q) as
subparagraphs (P) through (R), respectively;
(B) by inserting after subparagraph (N) the following:
``(O) customized employment;''; and
(C) in subparagraph (R), as redesignated by subparagraph
(A) of this paragraph, by striking ``(P)'' and inserting
``(Q)'';
(5) by inserting before paragraph (6) the following:
``(5) Competitive integrated employment.--The term `competitive
integrated employment' means work that is performed on a full-time
or part-time basis (including self-employment)--
``(A) for which an individual--
``(i) is compensated at a rate that--
``(I)(aa) shall be not less than the higher of the
rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate
specified in the applicable State or local minimum wage
law; and
``(bb) is not less than the customary rate paid by
the employer for the same or similar work performed by
other employees who are not individuals with
disabilities, and who are similarly situated in similar
occupations by the same employer and who have similar
training, experience, and skills; or
``(II) in the case of an individual who is self-
employed, yields an income that is comparable to the
income received by other individuals who are not
individuals with disabilities, and who are self-
employed in similar occupations or on similar tasks and
who have similar training, experience, and skills; and
``(ii) is eligible for the level of benefits provided
to other employees;
``(B) that is at a location where the employee interacts
with other persons who are not individuals with disabilities
(not including supervisory personnel or individuals who are
providing services to such employee) to the same extent that
individuals who are not individuals with disabilities and who
are in comparable positions interact with other persons; and
``(C) that, as appropriate, presents opportunities for
advancement that are similar to those for other employees who
are not individuals with disabilities and who have similar
positions.'';
(6) in paragraph (6)(B), by striking ``includes'' and all that
follows through ``fees'' and inserting ``includes architects'
fees'';
(7) by inserting after paragraph (6) the following:
``(7) Customized employment.--The term `customized employment'
means competitive integrated employment, for an individual with a
significant disability, that is based on an individualized
determination of the strengths, needs, and interests of the
individual with a significant disability, is designed to meet the
specific abilities of the individual with a significant disability
and the business needs of the employer, and is carried out through
flexible strategies, such as--
``(A) job exploration by the individual;
``(B) working with an employer to facilitate placement,
including--
``(i) customizing a job description based on current
employer needs or on previously unidentified and unmet
employer needs;
``(ii) developing a set of job duties, a work schedule
and job arrangement, and specifics of supervision
(including performance evaluation and review), and
determining a job location;
``(iii) representation by a professional chosen by the
individual, or self-representation of the individual, in
working with an employer to facilitate placement; and
``(iv) providing services and supports at the job
location.'';
(8) in paragraph (11)--
(A) in subparagraph (C)--
(i) by inserting ``of Education'' after ``Secretary'';
and
(ii) by inserting ``customized employment,'' before
``self-employment,'';
(9) in paragraph (12), by inserting ``of Education'' after
``Secretary'' each place it appears;
(10) in paragraph (14)(C), by inserting ``of Education'' after
``Secretary'';
(11) in paragraph (17)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) services that--
``(i) facilitate the transition of individuals with
significant disabilities from nursing homes and other
institutions to home and community-based residences, with
the requisite supports and services;
``(ii) provide assistance to individuals with
significant disabilities who are at risk of entering
institutions so that the individuals may remain in the
community; and
``(iii) facilitate the transition of youth who are
individuals with significant disabilities, who were
eligible for individualized education programs under
section 614(d) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)), and who have completed
their secondary education or otherwise left school, to
postsecondary life.'';
(12) in paragraph (18), by striking ``term'' and all that
follows through ``includes--'' and inserting ``term `independent
living services' includes--'';
(13) in paragraph (19)--
(A) in subparagraph (A), by inserting before the period the
following: ``and includes a Native and a descendant of a
Native, as such terms are defined in subsections (b) and (r) of
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)''; and
(B) in subparagraph (B), by inserting before the period the
following: ``and a tribal organization (as defined in section
4(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(l)))'';
(14) in paragraph (23), by striking ``section 101'' and
inserting ``section 102'';
(15) by striking paragraph (25) and inserting the following:
``(25) Local workforce development board.--The term `local
workforce development board' means a local board, as defined in
section 3 of the Workforce Innovation and Opportunity Act.'';
(16) by striking paragraph (37);
(17) by redesignating paragraphs (29) through (39) as
paragraphs (31) through (36), and (38) through (41), respectively;
(18) by inserting after paragraph (28) the following:
``(30) Pre-employment transition services.--The term `pre-
employment transition services' means services provided in
accordance with section 113.'';
(19) by striking paragraph (33), as redesignated by paragraph
(17), and inserting the following:
``(33) Secretary.--Unless where the context otherwise requires,
the term `Secretary'--
``(A) used in title I, III, IV, V, VI, or chapter 2 of
title VII, means the Secretary of Education; and
``(B) used in title II or chapter 1 of title VII, means the
Secretary of Health and Human Services.'';
(20) by striking paragraphs (35) and (36), as redesignated by
paragraph (17), and inserting the following:
``(35) State workforce development board.--The term `State
workforce development board' means a State board, as defined in
section 3 of the Workforce Innovation and Opportunity Act.
``(36) Statewide workforce development system.--The term
`statewide workforce development system' means a workforce
development system, as defined in section 3 of the Workforce
Innovation and Opportunity Act.'';
(21) by inserting after that paragraph (36) the following:
``(37) Student with a disability.--
``(A) In general.--The term `student with a disability'
means an individual with a disability who--
``(i)(I)(aa) is not younger than the earliest age for
the provision of transition services under section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or
``(bb) if the State involved elects to use a lower
minimum age for receipt of pre-employment transition
services under this Act, is not younger than that minimum
age; and
``(II)(aa) is not older than 21 years of age; or
``(bb) if the State law for the State provides for a
higher maximum age for receipt of services under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), is not older than that maximum age; and
``(ii)(I) is eligible for, and receiving, special
education or related services under part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.); or
``(II) is an individual with a disability, for purposes
of section 504.
``(B) Students with disabilities.--The term `students with
disabilities' means more than 1 student with a disability.'';
(22) by striking paragraphs (38) and (39), as redesignated by
paragraph (17), and inserting the following:
``(38) Supported employment.--The term `supported employment'
means competitive integrated employment, including customized
employment, or employment in an integrated work setting in which
individuals are working on a short-term basis toward competitive
integrated employment, that is individualized and customized
consistent with the strengths, abilities, interests, and informed
choice of the individuals involved, for individuals with the most
significant disabilities--
``(A)(i) for whom competitive integrated employment has not
historically occurred; or
``(ii) for whom competitive integrated employment has been
interrupted or intermittent as a result of a significant
disability; and
``(B) who, because of the nature and severity of their
disability, need intensive supported employment services and
extended services after the transition described in paragraph
(13)(C), in order to perform the work involved.
``(39) Supported employment services.--The term `supported
employment services' means ongoing support services, including
customized employment, needed to support and maintain an individual
with a most significant disability in supported employment, that--
``(A) are provided singly or in combination and are
organized and made available in such a way as to assist an
eligible individual to achieve competitive integrated
employment;
``(B) are based on a determination of the needs of an
eligible individual, as specified in an individualized plan for
employment; and
``(C) are provided by the designated State unit for a
period of not more than 24 months, except that period may be
extended, if necessary, in order to achieve the employment
outcome identified in the individualized plan for
employment.'';
(23) in paragraph (41), as redesignated by paragraph (17), by
striking ``as defined in section 101 of the Workforce Investment
Act of 1998'' and inserting ``as defined in section 3 of the
Workforce Innovation and Opportunity Act''; and
(24) by inserting after paragraph (41), as redesignated by
paragraph (17), the following:
``(42) Youth with a disability.--
``(A) In general.--The term `youth with a disability' means
an individual with a disability who--
``(i) is not younger than 14 years of age; and
``(ii) is not older than 24 years of age.
``(B) Youth with disabilities.--The term `youth with
disabilities' means more than 1 youth with a disability.''.
SEC. 405. ADMINISTRATION OF THE ACT.
(a) Promulgation.--Section 8(a)(2) (29 U.S.C. 706(a)(2)) is
amended by inserting ``of Education'' after ``Secretary''.
(b) Privacy.--Section 11 (29 U.S.C. 708) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following:
``(b) Section 501 of the Workforce Innovation and Opportunity Act
shall apply, as specified in that section, to amendments to this Act
that were made by the Workforce Innovation and Opportunity Act.''.
(c) Administration.--Section 12 (29 U.S.C. 709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1)'' and inserting ``(1)(A)''; and
(ii) by adding at the end the following:
``(B) provide technical assistance to the designated State
units on developing successful partnerships with local and
multi-State businesses in an effort to increase the employment
of individuals with disabilities;
``(C) provide technical assistance to providers and
organizations on developing self-employment opportunities and
outcomes for individuals with disabilities; and
``(D) provide technical assistance to entities carrying out
community rehabilitation programs to build their internal
capacity to provide individualized services and supports
leading to competitive integrated employment, and to transition
individuals with disabilities away from nonintegrated
settings;''; and
(B) in paragraph (2), by striking ``, centers for
independent living,'';
(2) in subsection (c), by striking ``Commissioner'' the first
place it appears and inserting ``Secretary of Education'';
(3) in subsection (d), by inserting ``of Education'' after
``Secretary'';
(4) in subsection (e)--
(A) by striking ``Rehabilitation Act Amendments of 1998''
each place it appears and inserting ``Workforce Innovation and
Opportunity Act''; and
(B) by inserting ``of Education'' after ``Secretary'';
(5) in subsection (f), by inserting ``of Education'' after
``Secretary'';
(6)(A) in subsection (c), by striking ``(c)'' and inserting
``(c)(1)'';
(B) in subsection (d), by striking ``(d)'' and inserting
``(d)(1)'';
(C) in subsection (e), by striking ``(e)'' and inserting
``(2)'';
(D) in subsection (f), by striking ``(f)'' and inserting
``(2)''; and
(E) by moving paragraph (2) (as redesignated by subparagraph
(D)) to the end of subsection (c); and
(7) by inserting after subsection (d) the following:
``(e)(1) The Administrator of the Administration for Community
Living (referred to in this subsection as the `Administrator') may
carry out the authorities and shall carry out the responsibilities of
the Commissioner described in paragraphs (1)(A) and (2) through (4) of
subsection (a), and subsection (b), except that, for purposes of
applying subsections (a) and (b), a reference in those subsections--
``(A) to facilitating meaningful and effective participation
shall be considered to be a reference to facilitating meaningful
and effective collaboration with independent living programs, and
promoting a philosophy of independent living for individuals with
disabilities in community activities; and
``(B) to training for personnel shall be considered to be a
reference to training for the personnel of centers for independent
living and Statewide Independent Living Councils.
``(2) The Secretary of Health and Human Services may carry out the
authorities and shall carry out the responsibilities of the Secretary
of Education described in subsections (c) and (d).
``(f)(1) In subsections (a) through (d), a reference to `this Act'
means a provision of this Act that the Secretary of Education has
authority to carry out; and
``(2) In subsection (e), for purposes of applying subsections (a)
through (d), a reference in those subsections to `this Act' means a
provision of this Act that the Secretary of Health and Human Services
has authority to carry out.''.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 710) is amended--
(1) in section (c)--
(A) by striking ``(c)'' and inserting ``(c)(1)''; and
(B) in the second sentence, by striking ``section 136(d) of
the Workforce Investment Act of 1998'' and inserting ``section
116(d)(2) of the Workforce Innovation and Opportunity Act'';
and
(2) by adding at the end the following:
``(d) The Commissioner shall ensure that the report described in
this section is made publicly available in a timely manner, including
through electronic means, in order to inform the public about the
administration and performance of programs under this Act.''.
SEC. 407. EVALUATION AND INFORMATION.
(a) Evaluation.--Section 14 (29 U.S.C. 711) is amended--
(1) by inserting ``of Education'' after ``Secretary'' each
place it appears;
(2) in subsection (f)(2), by inserting ``competitive'' before
``integrated employment'';
(3)(A) in subsection (b), by striking ``(b)'' and inserting
``(b)(1)'';
(B) in subsection (c), by striking ``(c)'' and inserting
``(2)'';
(C) in subsection (d), by striking ``(d)'' and inserting
``(3)''; and
(D) by redesignating subsections (e) and (f) as subsections (c)
and (d), respectively;
(4) by inserting after subsection (d), as redesignated by
paragraph (3)(D), the following:
``(e)(1) The Secretary of Health and Human Services may carry out
the authorities and shall carry out the responsibilities of the
Secretary of Education described in subsections (a) and (b).
``(2) The Administrator of the Administration for Community Living
may carry out the authorities and shall carry out the responsibilities
of the Commissioner described in subsections (a) and (d)(1), except
that, for purposes of applying those subsections, a reference in those
subsections to exemplary practices shall be considered to be a
reference to exemplary practices concerning independent living services
and centers for independent living.
``(f)(1) In subsections (a) through (d), a reference to `this Act'
means a provision of this Act that the Secretary of Education has
authority to carry out; and
``(2) In subsection (e), for purposes of applying subsections (a),
(b), and (d), a reference in those subsections to `this Act' means a
provision of this Act that the Secretary of Health and Human Services
has authority to carry out.''.
(b) Information.--Section 15 (29 U.S.C. 712) is amended--
(1) in subsection (a)--
(A) by inserting ``of Education'' after ``Secretary'' each
place it appears; and
(B) in paragraph (1), by striking ``State workforce
investment boards'' and inserting ``State workforce development
boards''; and
(2) in subsection (b), by striking ``Secretary'' and inserting
``Secretary of Education''.
SEC. 408. CARRYOVER.
Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by striking
``part B of title VI'' and inserting ``title VI''.
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``racial'' and
inserting ``demographic'';
(ii) in the second sentence--
(I) by striking ``rate of increase'' the first
place it appears and inserting ``percentage increase
from 2000 to 2010'';
(II) by striking ``is 3.2'' and inserting ``was
9.7'';
(III) by striking ``rate of increase'' and
inserting ``percentage increase'';
(IV) by striking ``is much'' and inserting ``was
much'';
(V) by striking ``38.6'' and inserting ``43.0'';
(VI) by striking ``14.6'' and inserting ``12.3'';
(VII) by striking ``40.1'' and inserting ``43.2'';
and
(VIII) by striking ``and other ethnic groups''; and
(iii) by striking the last sentence; and
(B) in paragraph (2), by striking the second and third
sentences and inserting the following: ``In 2011--
``(A) among Americans ages 16 through 64, the rate of
disability was 12.1 percent;
``(B) among African-Americans in that age range, the
disability rate was more than twice as high, at 27.1 percent;
and
``(C) for American Indians and Alaska Natives in the same
age range, the disability rate was also more than twice as
high, at 27.0 percent.'';
(2) in subsection (b)(1), by striking ``National Institute on
Disability and Rehabilitation Research'' and inserting ``National
Institute on Disability, Independent Living, and Rehabilitation
Research''; and
(3) in subsection (c), by striking ``Director'' and inserting
``Director of the National Institute on Disability, Independent
Living, and Rehabilitation Research''.
Subtitle B--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS.
(a) Findings; Purpose; Policy.--Section 100(a) (29 U.S.C. 720(a))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``integrated'' and
inserting ``competitive integrated employment'';
(B) in subparagraph (D)(iii), by striking ``medicare and
medicaid'' and inserting ``Medicare and Medicaid'';
(C) in subparagraph (F), by striking ``investment'' and
inserting ``development''; and
(D) in subparagraph (G)--
(i) by striking ``workforce investment systems'' and
inserting ``workforce development systems''; and
(ii) by striking ``workforce investment activities''
and inserting ``workforce development activities'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``workforce investment
system'' and inserting ``workforce development system''; and
(B) in subparagraph (B), by striking ``and informed
choice,'' and inserting ``informed choice, and economic self-
sufficiency,''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``gainful employment
in integrated settings'' and inserting ``competitive integrated
employment''; and
(B) in subparagraph (E), by inserting ``should'' before
``facilitate''.
(b) Authorization of Appropriations.--Section 100(b)(1) (29 U.S.C.
720(b)(1)) is amended by striking ``such sums as may be necessary for
fiscal years 1999 through 2003'' and inserting ``$3,302,053,000 for
each of the fiscal years 2015 through 2020''.
SEC. 412. STATE PLANS.
(a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to participate'' and
all that follows and inserting ``to receive funds under this
title for a fiscal year, a State shall submit, and have
approved by the Secretary and the Secretary of Labor, a unified
State plan in accordance with section 102, or a combined State
plan in accordance with section 103, of the Workforce
Innovation and Opportunity Act. The unified or combined State
plan shall include, in the portion of the plan described in
section 102(b)(2)(D) of such Act (referred to in this
subsection as the `vocational rehabilitation services
portion'), the provisions of a State plan for vocational
rehabilitation services, described in this subsection.''; and
(B) in subparagraph (B)--
(i) by striking ``in the State plan for vocational
rehabilitation services,'' and inserting ``as part of the
vocational rehabilitation services portion of the unified
or combined State plan submitted in accordance with
subparagraph (A),''; and
(ii) by striking ``Rehabilitation Act Amendments of
1998'' and inserting ``Workforce Innovation and Opportunity
Act''; and
(C) in subparagraph (C)--
(i) by striking ``The State plan shall remain in effect
subject to the submission of such modifications'' and
inserting ``The vocational rehabilitation services portion
of the unified or combined State plan submitted in
accordance with subparagraph (A) shall remain in effect
until the State submits and receives approval of a new
State plan in accordance with subparagraph (A), or until
the submission of such modifications''; and
(ii) by striking ``, until the State submits and
receives approval of a new State plan'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``The State plan'' and
inserting ``The State plan for vocational rehabilitation
services''; and
(B) in subparagraph (B)(ii)--
(i) in subclause (II), by inserting ``who is
responsible for the day-to-day operation of the vocational
rehabilitation program'' before the semicolon;
(ii) in subclause (III), by striking ``and'' at the
end;
(iii) in subclause (IV), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(V) has the sole authority and responsibility
within the designated State agency described in
subparagraph (A) to expend funds made available under
this title in a manner that is consistent with the
purposes of this title.'';
(3) in paragraph (5)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) notwithstanding subparagraph (C), permit the State,
in its discretion, to elect to serve eligible individuals
(whether or not receiving vocational rehabilitation services)
who require specific services or equipment to maintain
employment; and'';
(4) in paragraph (7)--
(A) in subparagraph (A)(v)--
(i) in subclause (I), after ``rehabilitation
technology'' insert the following: ``, including training
implemented in coordination with entities carrying out
State programs under section 4 of the Assistive Technology
Act of 1998 (29 U.S.C. 3003)''; and
(ii) in subclause (II), by striking ``Rehabilitation
Act Amendments of 1998'' and inserting ``Workforce
Innovation and Opportunity Act''; and
(B) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) the establishment and maintenance of education
and experience requirements, to ensure that the personnel
have a 21st century understanding of the evolving labor
force and the needs of individuals with disabilities,
including requirements for--
``(I)(aa) attainment of a baccalaureate degree in a
field of study reasonably related to vocational
rehabilitation, to indicate a level of competency and
skill demonstrating basic preparation in a field of
study such as vocational rehabilitation counseling,
social work, psychology, disability studies, business
administration, human resources, special education,
supported employment, customized employment, economics,
or another field that reasonably prepares individuals
to work with consumers and employers; and
``(bb) demonstrated paid or unpaid experience, for
not less than 1 year, consisting of--
``(AA) direct work with individuals with
disabilities in a setting such as an independent
living center;
``(BB) direct service or advocacy activities
that provide such individual with experience and
skills in working with individuals with
disabilities; or
``(CC) direct experience as an employer, as a
small business owner or operator, or in self-
employment, or other experience in human resources,
recruitment, or experience in supervising
employees, training, or other activities that
provide experience in competitive integrated
employment environments; or
``(II) attainment of a master's or doctoral degree
in a field of study such as vocational rehabilitation
counseling, law, social work, psychology, disability
studies, business administration, human resources,
special education, management, public administration,
or another field that reasonably provides competence in
the employment sector, in a disability field, or in
both business-related and rehabilitation-related
fields; and'';
(5) in paragraph (8)--
(A) in subparagraph (A)(i)--
(i) by inserting ``an accommodation or auxiliary aid or
service or'' after ``prior to providing''; and
(ii) by striking ``(5)(D)'' and inserting ``(5)(E)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``medicaid'' and inserting
``Medicaid'';
(II) by striking ``workforce investment system''
and inserting ``workforce development system'';
(III) by striking ``(5)(D)'' and inserting
``(5)(E)'';
(IV) by inserting ``and, if appropriate,
accommodations or auxiliary aids and services,'' before
``that are included''; and
(V) by striking ``provision of such vocational
rehabilitation services'' and inserting ``provision of
such vocational rehabilitation services (including, if
appropriate, accommodations or auxiliary aids and
services)''; and
(ii) in clause (iv)--
(I) by striking ``(5)(D)'' and inserting
``(5)(E)''; and
(II) by inserting ``, and accommodations or
auxiliary aids and services'' before the period; and
(C) in subparagraph (C)(i), by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(6) in paragraph (10)--
(A) in subparagraph (B), by striking ``annual'' and all
that follows through ``of 1998'' and inserting ``annual
reporting of information, on eligible individuals receiving the
services, that is necessary to assess the State's performance
on the standards and indicators described in section 106(a)'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by inserting
``, from each State,'' after ``additional data'';
(ii) by striking clause (i) and inserting:
``(i) the number of applicants and the number of
individuals determined to be eligible or ineligible for the
program carried out under this title, including the number
of individuals determined to be ineligible (disaggregated
by type of disability and age);'';
(iii) in clause (ii)--
(I) in subclause (I), by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(II) in subclause (II), by striking ``and'' at the
end; and
(III) by adding at the end the following:
``(IV) the number of individuals with open cases
(disaggregated by those who are receiving training and
those who are in postsecondary education), and the type
of services the individuals are receiving (including
supported employment);
``(V) the number of students with disabilities who
are receiving pre-employment transition services under
this title: and
``(VI) the number of individuals referred to State
vocational rehabilitation programs by one-stop
operators (as defined in section 3 of the Workforce
Innovation and Opportunity Act), and the number of
individuals referred to such one-stop operators by
State vocational rehabilitation programs;''; and
(iv) in clause (iv)(I), by inserting before the
semicolon the following: ``and, for those who achieved
employment outcomes, the average length of time to obtain
employment'';
(C) in subparagraph (D)(i), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting ``title I of
the Workforce Innovation and Opportunity Act'';
(D) in subparagraph (E)(ii), by striking ``of the State''
and all that follows and inserting ``of the State in meeting
the standards and indicators established pursuant to section
106.''; and
(E) by adding at the end the following:
``(G) Rules for reporting of data.--The disaggregation of
data under this Act shall not be required within a category if
the number of individuals in a category is insufficient to
yield statistically reliable information, or if the results
would reveal personally identifiable information about an
individual.
``(H) Comprehensive report.--The State plan shall specify
that the Commissioner will provide an annual comprehensive
report that includes the reports and data required under this
section, as well as a summary of the reports and data, for each
fiscal year. The Commissioner shall submit the report to the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Appropriations of the House
of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Appropriations
of the Senate, not later than 90 days after the end of the
fiscal year involved.'';
(7) in paragraph (11)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking ``workforce
investment systems'' and inserting ``workforce development
systems'';
(ii) in the matter preceding clause (i), by striking
``workforce investment system'' and inserting ``workforce
development system'';
(iii) in clause (i)(II)--
(I) by striking ``investment'' and inserting
``development''; and
(II) by inserting ``(including programmatic
accessibility and physical accessibility)'' after
``program accessibility'';
(iv) in clause (ii), by striking ``workforce investment
system'' and inserting ``workforce development system'';
and
(v) in clause (v), by striking ``workforce investment
system'' and inserting ``workforce development system'';
(B) in subparagraph (B), by striking ``workforce investment
system'' and inserting ``workforce development system'';
(C) in subparagraph (C)--
(i) by inserting ``the State programs carried out under
section 4 of the Assistive Technology Act of 1998 (29
U.S.C. 3003),'' after ``including'';
(ii) by inserting ``, noneducational agencies serving
out-of-school youth,'' after ``Agriculture''; and
(iii) by striking ``such agencies and programs'' and
inserting ``such Federal, State, and local agencies and
programs''; and
(iv) by striking ``workforce investment system'' and
inserting ``workforce development system'';
(D) in subparagraph (D)--
(i) in the matter preceding clause (i), by inserting
``, including pre-employment transition services,'' before
``under this title'';
(ii) in clause (i), by inserting ``, which may be
provided using alternative means for meeting participation
(such as video conferences and conference calls),'' after
``consultation and technical assistance''; and
(iii) in clause (ii), by striking ``completion'' and
inserting ``implementation'';
(E) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(F) by inserting after subparagraph (D) the following:
``(E) Coordination with employers.--The State plan shall
describe how the designated State unit will work with employers
to identify competitive integrated employment opportunities and
career exploration opportunities, in order to facilitate the
provision of--
``(i) vocational rehabilitation services; and
``(ii) transition services for youth with disabilities
and students with disabilities, such as pre-employment
transition services.'';
(G) in subparagraph (F), as redesignated by subparagraph
(E) of this paragraph--
(i) by inserting ``chapter 1 of'' after ``part C of'';
and
(ii) by inserting ``, as appropriate'' before the
period;
(H) by inserting after subparagraph (F), as redesignated by
subparagraph (E) of this paragraph, the following:
``(G) Cooperative agreement regarding individuals eligible
for home and community-based waiver programs.--The State plan
shall include an assurance that the designated State unit has
entered into a formal cooperative agreement with the State
agency responsible for administering the State Medicaid plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) and the State agency with primary responsibility for
providing services and supports for individuals with
intellectual disabilities and individuals with developmental
disabilities, with respect to the delivery of vocational
rehabilitation services, including extended services, for
individuals with the most significant disabilities who have
been determined to be eligible for home and community-based
services under a Medicaid waiver, Medicaid State plan
amendment, or other authority related to a State Medicaid
program.'';
(I) in subparagraph (H), as redesignated by subparagraph
(E) of this paragraph--
(i) in clause (ii)--
(I) by inserting ``on or'' before ``near''; and
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) strategies for the provision of transition
planning, by personnel of the designated State unit, the
State educational agency, and the recipient of funds under
part C, that will facilitate the development and approval
of the individualized plans for employment under section
102; and''; and
(J) by adding at the end the following:
``(I) Coordination with assistive technology programs.--The
State plan shall include an assurance that the designated State
unit, and the lead agency and implementing entity (if any)
designated by the Governor of the State under section 4 of the
Assistive Technology Act of 1998 (29 U.S.C. 3003), have
developed working relationships and will enter into agreements
for the coordination of their activities, including the
referral of individuals with disabilities to programs and
activities described in that section.
``(J) Coordination with ticket to work and self-sufficiency
program.--The State plan shall include an assurance that the
designated State unit will coordinate activities with any other
State agency that is functioning as an employment network under
the Ticket to Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act (42 U.S.C. 1320b-
19).
``(K) Interagency cooperation.--The State plan shall
describe how the designated State agency or agencies (if more
than 1 agency is designated under paragraph (2)(A)) will
collaborate with the State agency responsible for administering
the State Medicaid plan under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), the State agency responsible for
providing services for individuals with developmental
disabilities, and the State agency responsible for providing
mental health services, to develop opportunities for community-
based employment in integrated settings, to the greatest extent
practicable.'';
(8) in paragraph (14)--
(A) in the paragraph header, by striking ``Annual'' and
inserting ``Semiannual'';
(B) in subparagraph (A)--
(i) by striking ``an annual'' and inserting ``a
semiannual'';
(ii) by striking ``has achieved an employment outcome''
and inserting ``is employed'';
(iii) by striking ``achievement of the outcome'' and
all that follows through ``representative)'' and inserting
``beginning of such employment, and annually thereafter'';
(iv) by striking ``to competitive'' and all that
follows and inserting the following: ``to competitive
integrated employment or training for competitive
integrated employment;'';
(C) in subparagraph (B), by striking ``and'' at the end;
(D) in subparagraph (C), by striking ``the individuals
described'' and all that follows and inserting ``individuals
described in subparagraph (A) in attaining competitive
integrated employment; and''; and
(E) by adding at the end the following:
``(D) an assurance that the State will report the
information generated under subparagraphs (A), (B), and (C),
for each of the individuals, to the Administrator of the Wage
and Hour Division of the Department of Labor for each fiscal
year, not later than 60 days after the end of the fiscal
year.'';
(9) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking ``and'' at the
end;
(II) in subclause (III)--
(aa) by striking ``workforce investment
system'' and inserting ``workforce development
system''; and
(bb) by adding ``and'' at the end; and
(III) by adding at the end the following:
``(IV) youth with disabilities, and students with
disabilities, including their need for pre-employment
transition services or other transition services;'';
(ii) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(iii) by inserting after clause (i) the following:
``(ii) include an assessment of the needs of
individuals with disabilities for transition services and
pre-employment transition services, and the extent to which
such services provided under this Act are coordinated with
transition services provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) in
order to meet the needs of individuals with
disabilities.'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by striking ``part B of title VI'' and
inserting ``title VI''; and
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) the number of individuals who are eligible for
services under this title, but are not receiving such
services due to an order of selection; and''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (iii) through (v) as
clauses (iv) through (vi), respectively;
(ii) by inserting after clause (ii) the following:
``(iii) the methods to be used to improve and expand
vocational rehabilitation services for students with
disabilities, including the coordination of services
designed to facilitate the transition of such students from
the receipt of educational services in school to
postsecondary life (including the receipt of vocational
rehabilitation services under this title, postsecondary
education, employment, and pre-employment transition
services);''; and
(iii) in clause (vi), as redesignated by clause (i) of
this subparagraph, by striking ``workforce investment
system'' and inserting ``workforce development system'';
(10) in paragraph (20), in subparagraphs (A) and (B)(i), by
striking ``workforce investment system'' and inserting ``workforce
development system'';
(11) in paragraph (22), by striking ``part B of title VI'' and
inserting ``title VI''; and
(12) by adding at the end the following:
``(25) Services for students with disabilities.--The State plan
shall provide an assurance that, with respect to students with
disabilities, the State--
``(A) has developed and will implement--
``(i) strategies to address the needs identified in the
assessments described in paragraph (15); and
``(ii) strategies to achieve the goals and priorities
identified by the State, in accordance with paragraph (15),
to improve and expand vocational rehabilitation services
for students with disabilities on a statewide basis; and
``(B) has developed and will implement strategies to
provide pre-employment transition services.
``(26) Job growth and development.--The State plan shall
provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or occupations
under sections 106(c) and 108 of the Workforce Innovation and
Opportunity Act to increase competitive integrated employment
opportunities for individuals with disabilities.''.
(b) Approval.--Section 101(b) (29 U.S.C. 721(b)) is amended to read
as follows:
``(b) Submission; Approval; Modification.--The State plan for
vocational rehabilitation services shall be subject to--
``(1) subsection (c) of section 102 of the Workforce Innovation
and Opportunity Act, in a case in which that plan is a portion of
the unified State plan described in that section 102; and
``(2) subsection (b), and paragraphs (1), (2), and (3) of
subsection (c), of section 103 of such Act in a case in which that
State plan for vocational rehabilitation services is a portion of
the combined State plan described in that section 103.''.
(c) Construction.--Section 101 (29 U.S.C. 721) is amended by adding
at the end the following:
``(c) Construction.--Nothing in this part shall be construed to
reduce the obligation under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) of a local educational agency or any other
agency to provide or pay for any transition services that are also
considered special education or related services and that are necessary
for ensuring a free appropriate public education to children with
disabilities within the State involved.''.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``is an'' and
inserting ``has undergone an assessment for determining
eligibility and vocational rehabilitation needs and as a result
has been determined to be an'';
(B) in subparagraph (B), by striking ``or regain
employment.'' and inserting ``advance in, or regain employment
that is consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and
informed choice.''; and
(C) by adding at the end the following: ``For purposes of
an assessment for determining eligibility and vocational
rehabilitation needs under this Act, an individual shall be
presumed to have a goal of an employment outcome.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``Demonstration'' and inserting ``Applicants''; and
(ii) by striking ``, unless'' and all that follows and
inserting a period; and
(B) in subparagraph (B)--
(i) in the subparagraph header, by striking ``Methods''
and inserting ``Responsibilities'';
(ii) in the first sentence--
(I) by striking ``In making the demonstration
required under subparagraph (A),'' and inserting
``Prior to determining under this subsection that an
applicant described in subparagraph (A) is unable to
benefit due to the severity of the individual's
disability or that the individual is ineligible for
vocational rehabilitation services,''; and
(II) by striking ``, except under'' and all that
follows and inserting a period; and
(iii) in the second sentence, by striking ``individual
or to determine'' and all that follows and inserting
``individual. In providing the trial experiences, the
designated State unit shall provide the individual with the
opportunity to try different employment experiences,
including supported employment, and the opportunity to
become employed in competitive integrated employment.'';
(3) in paragraph (3)(A)(ii), by striking ``outcome from'' and
all that follows and inserting ``outcome due to the severity of the
individual's disability (as of the date of the determination).'';
and
(4) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``If an individual'' and inserting
``If, after the designated State unit carries out the
activities described in paragraph (2)(B), a review of
existing data, and, to the extent necessary, the assessment
activities described in section 7(2)(A)(ii), an
individual''; and
(ii) by striking ``title is determined'' and all that
follows through ``not to be'' and inserting ``title is
determined not to be'';
(B) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B), as redesignated
by subparagraph (B) of this paragraph, the following:
``(A) the ineligibility determination shall be an
individualized one, based on the available data, and shall not
be based on assumptions about broad categories of
disabilities;''; and
(D) in clause (i) of subparagraph (C), as redesignated by
subparagraph (B) of this paragraph, by inserting after
``determination'' the following: ``, including the clear and
convincing evidence that forms the basis for the determination
of ineligibility''.
(b) Development of an Individualized Plan for Employment, and
Related Information.--Section 102(b) (29 U.S.C. 722(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``, to the extent determined to be
appropriate by the eligible individual,''; and
(B) by inserting ``or, as appropriate, a disability
advocacy organization'' after ``counselor'';
(2) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Individuals desiring to enter the workforce.--For an
individual entitled to benefits under title II or XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of
a disability or blindness, the designated State unit shall provide
to the individual general information on additional supports and
assistance for individuals with disabilities desiring to enter the
workforce, including assistance with benefits planning.'';
(4) in paragraph (3), as redesignated by paragraph (2) of this
subsection--
(A) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) amended, as necessary, to include the
postemployment services and service providers that are
necessary for the individual to maintain or regain
employment, consistent with the individual's strengths,
resources, priorities, concerns, abilities, capabilities,
interests, and informed choice.''; and
(B) by adding at the end the following:
``(F) Timeframe for completing the individualized plan for
employment.--The individualized plan for employment shall be
developed as soon as possible, but not later than a deadline of
90 days after the date of the determination of eligibility
described in paragraph (1), unless the designated State unit
and the eligible individual agree to an extension of that
deadline to a specific date by which the individualized plan
for employment shall be completed.''; and
(5) in paragraph (4), as redesignated by paragraph (2) of this
subsection--
(A) in subparagraph (A), by striking ``choice of the'' and
all that follows and inserting ``choice of the eligible
individual, consistent with the general goal of competitive
integrated employment (except that in the case of an eligible
individual who is a student, the description may be a
description of the student's projected postschool employment
outcome);'';
(B) in subparagraph (B)(i)--
(i) by redesignating subclause (II) as subclause (III);
and
(ii) by striking subclause (I) and inserting the
following:
``(I) needed to achieve the employment outcome,
including, as appropriate--
``(aa) the provision of assistive technology
devices and assistive technology services (including
referrals described in section 103(a)(3) to the device
reutilization programs and demonstrations described in
subparagraphs (B) and (D) of section 4(e)(2) of the
Assistive Technology Act of 1998 (29 U.S.C. 3003(e)(2))
through agreements developed under section
101(a)(11)(I); and
``(bb) personal assistance services (including
training in the management of such services);
``(II) in the case of a plan for an eligible individual
that is a student, the specific transition services and
supports needed to achieve the student's employment outcome
or projected postschool employment outcome; and'';
(C) in subparagraph (F), by striking ``and'' at the end;
(D) in subparagraph (G), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) for an individual who also is receiving assistance
from an employment network under the Ticket to Work and Self-
Sufficiency Program established under section 1148 of the
Social Security Act (42 U.S.C. 1320b-19), a description of how
responsibility for service delivery will be divided between the
employment network and the designated State unit.''.
(c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is amended--
(1) in paragraph (1), by adding at the end the following: ``The
procedures shall allow an applicant or an eligible individual the
opportunity to request mediation, an impartial due process hearing,
or both procedures.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iv) any applicable State limit on the time by which
a request for mediation under paragraph (4) or a hearing
under paragraph (5) shall be made, and any required
procedure by which the request shall be made.''; and
(3) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Officer.--A due process hearing described in
paragraph (2) shall be conducted by an impartial hearing
officer who, on reviewing the evidence presented, shall issue a
written decision based on the provisions of the approved State
plan, requirements specified in this Act (including regulations
implementing this Act), and State regulations and policies that
are consistent with the Federal requirements specified in this
title. The officer shall provide the written decision to the
applicant or eligible individual, or, as appropriate, the
applicant's representative or individual's representative, and
to the designated State unit. The impartial hearing officer
shall have the authority to render a decision and require
actions regarding the applicant's or eligible individual's
vocational rehabilitation services under this title.''; and
(B) in subparagraph (B), by striking ``in laws'' and
inserting ``about Federal laws''.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)--
(A) in paragraph (13), by striking ``workforce investment
system'' and inserting ``workforce development system'';
(B) by striking paragraph (15) and inserting the following:
``(15) transition services for students with disabilities, that
facilitate the transition from school to postsecondary life, such
as achievement of an employment outcome in competitive integrated
employment, or pre-employment transition services;'';
(C) by redesignating paragraphs (17) and (18) as paragraphs
(19) and (20), respectively; and
(D) by inserting after paragraph (16) the following:
``(17) customized employment;
``(18) encouraging qualified individuals who are eligible to
receive services under this title to pursue advanced training in a
science, technology, engineering, or mathematics (including
computer science) field, medicine, law, or business;''.
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(A)''; and
(II) by striking the second sentence and inserting
``Such programs shall be used to provide services
described in this section that promote integration into
the community and that prepare individuals with
disabilities for competitive integrated employment,
including supported employment and customized
employment.''; and
(ii) by striking subparagraph (B);
(B) by striking paragraph (5) and inserting the following:
``(5) Technical assistance to businesses that are seeking to
employ individuals with disabilities.''; and
(C) by striking paragraph (6) and inserting the following:
``(6) Consultation and technical assistance services to assist
State educational agencies and local educational agencies in
planning for the transition of students with disabilities from
school to postsecondary life, including employment.
``(7) Transition services to youth with disabilities and
students with disabilities, for which a vocational rehabilitation
counselor works in concert with educational agencies, providers of
job training programs, providers of services under the Medicaid
program under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.), entities designated by the State to provide services for
individuals with developmental disabilities, centers for
independent living (as defined in section 702), housing and
transportation authorities, workforce development systems, and
businesses and employers.
``(8) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized under
the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to
promote access to assistive technology for individuals with
disabilities and employers.
``(9) Support (including, as appropriate, tuition) for advanced
training in a science, technology, engineering, or mathematics
(including computer science) field, medicine, law, or business,
provided after an individual eligible to receive services under
this title, demonstrates--
``(A) such eligibility;
``(B) previous completion of a bachelor's degree program at
an institution of higher education or scheduled completion of
such degree program prior to matriculating in the program for
which the individual proposes to use the support; and
``(C) acceptance by a program at an institution of higher
education in the United States that confers a master's degree
in a science, technology, engineering, or mathematics
(including computer science) field, a juris doctor degree, a
master of business administration degree, or a doctor of
medicine degree,
except that the limitations of subsection (a)(5) that apply to
training services shall apply to support described in this
paragraph, and nothing in this paragraph shall prevent any
designated State unit from providing similar support to individuals
with disabilities within the State who are eligible to receive
support under this title and who are not served under this
paragraph.''.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)(A)--
(A) by striking clause (ix) and inserting the following:
``(ix) in a State in which one or more projects are
funded under section 121, at least one representative of
the directors of the projects located in such State;''; and
(B) in clause (xi), by striking ``State workforce
investment board'' and inserting ``State workforce development
board''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``State workforce investment board'' and inserting ``State
workforce development board''; and
(B) in paragraph (6), by striking ``Service Act'' and all
that follows and inserting ``Service Act (42 U.S.C. 300x-3(a))
and the State workforce development board, and with the
activities of entities carrying out programs under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);''.
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106 (29 U.S.C. 726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Standards and indicators.--The evaluation standards and
performance indicators for the vocational rehabilitation program
carried out under this title shall be subject to the performance
accountability provisions described in section 116(b) of the
Workforce Innovation and Opportunity Act.
``(2) Additional performance accountability indicators.--A
State may establish and provide information on additional
performance accountability indicators, which shall be identified in
the State plan submitted under section 101.''; and
(2) in subsection (b)(2)(B)(i), by striking ``review the
program'' and all that follows through ``request the State'' and
inserting ``on a biannual basis, review the program improvement
efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the
Commissioner, direct the State''.
SEC. 417. MONITORING AND REVIEW.
(a) In General.--Section 107 (29 U.S.C. 727) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(E), by inserting before the period the
following: ``, including personnel of a client assistance
program under section 112, and past or current recipients of
vocational rehabilitation services''; and
(B) in paragraph (4)--
(i) by striking subparagraphs (A) and (B) and inserting
the following:
``(A) the eligibility process, including the process
related to the determination of ineligibility under section
102(a)(5);
``(B) the provision of services, including supported
employment services and pre-employment transition services,
and, if applicable, the order of selection;'';
(ii) in subparagraph (C), by striking ``and'' at the
end;
(iii) by redesignating subparagraph (D) as subparagraph
(E); and
(iv) by inserting after subparagraph (C) the following:
``(D) data reported under section 101(a)(10)(C)(i); and'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) provide technical assistance to programs under this title
to--
``(A) promote high-quality employment outcomes for
individuals with disabilities;
``(B) integrate veterans who are individuals with
disabilities into their communities and to support the veterans
to obtain and retain competitive integrated employment;
``(C) develop, improve, and disseminate information on
procedures, practices, and strategies, including for the
preparation of personnel, to better enable individuals with
intellectual disabilities and other individuals with
disabilities to participate in postsecondary educational
experiences and to obtain and retain competitive integrated
employment; and
``(D) apply evidence-based findings to facilitate systemic
improvements in the transition of youth with disabilities to
postsecondary life.''.
(b) Technical Amendment.--Section 108(a) (29 U.S.C. 728(a)) is
amended by striking ``part B of title VI'' and inserting ``title VI''.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
``SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
``A State may expend payments received under section 111 to educate
and provide services to employers who have hired or are interested in
hiring individuals with disabilities under programs carried out under
this title, including--
``(1) providing training and technical assistance to employers
regarding the employment of individuals with disabilities,
including disability awareness, and the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
and other employment-related laws;
``(2) working with employers to--
``(A) provide opportunities for work-based learning
experiences (including internships, short-term employment,
apprenticeships, and fellowships), and opportunities for pre-
employment transition services;
``(B) recruit qualified applicants who are individuals with
disabilities;
``(C) train employees who are individuals with
disabilities; and
``(D) promote awareness of disability-related obstacles to
continued employment;
``(3) providing consultation, technical assistance, and support
to employers on workplace accommodations, assistive technology, and
facilities and workplace access through collaboration with
community partners and employers, across States and nationally, to
enable the employers to recruit, job match, hire, and retain
qualified individuals with disabilities who are recipients of
vocational rehabilitation services under this title, or who are
applicants for such services; and
``(4) assisting employers with utilizing available financial
support for hiring or accommodating individuals with
disabilities.''.
SEC. 419. STATE ALLOTMENTS.
Section 110 (29 U.S.C. 730) is amended--
(1) in subsection (a)(1), by striking ``Subject to the
provisions of subsection (c)'' and inserting ``Subject to the
provisions of subsections (c) and (d),'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``1987'' and inserting
``2015''; and
(B) in paragraph (2)--
(i) by striking ``Secretary'' and all that follows
through ``(B)'' and inserting ``Secretary,''; and
(ii) by striking ``2000 through 2003'' and inserting
``2015 through 2020''; and
(3) by adding at the end the following:
``(d)(1) From any State allotment under subsection (a) for a fiscal
year, the State shall reserve not less than 15 percent of the allotted
funds for the provision of pre-employment transition services.
``(2) Such reserved funds shall not be used to pay for the
administrative costs of providing pre-employment transition
services.''.
SEC. 420. PAYMENTS TO STATES.
Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended--
(1) by striking ``For fiscal year 1994 and each fiscal year
thereafter, the'' and inserting ``The'';
(2) by striking ``this title for the previous'' and inserting
``this title for any previous''; and
(3) by striking ``year preceding the previous'' and inserting
``year preceding that previous''.
SEC. 421. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended--
(1) in subsection (a), in the first sentence, by inserting
``including under sections 113 and 511,'' after ``all available
benefits under this Act,'';
(2) in subsection (b), by striking ``not later than October 1,
1984,'';
(3) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``The Secretary shall
allot'' and inserting ``After reserving funds under
subparagraphs (E) and (F), the Secretary shall allot the
remainder of''; and
(B) by adding at the end the following:
``(E)(i) The Secretary shall reserve funds appropriated under
subsection (h) to make a grant to the protection and advocacy system
serving the American Indian Consortium to provide services in
accordance with this section. The amount of such a grant shall be the
same amount as is provided to a territory under this subsection.
``(ii) In this subparagraph:
``(I) The term `American Indian Consortium' has the meaning
given the term in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(II) The term `protection and advocacy system' means a
protection and advocacy system established under subtitle C of
title I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.).
``(F) For any fiscal year for which the amount appropriated under
subsection (h) equals or exceeds $14,000,000, the Secretary may reserve
not less than 1.8 percent and not more than 2.2 percent of such amount
to provide a grant for training and technical assistance for the
programs established under this section. Such training and technical
assistance shall be coordinated with activities provided under section
509(c)(1)(A).''; and
(4) by striking subsection (h) and inserting the following:
``(h) There are authorized to be appropriated to carry out the
provisions of this section--
``(1) $12,000,000 for fiscal year 2015;
``(2) $12,927,000 for fiscal year 2016;
``(3) $13,195,000 for fiscal year 2017;
``(4) $13,488,000 for fiscal year 2018;
``(5) $13,805,000 for fiscal year 2019; and
``(6) $14,098,000 for fiscal year 2020.''.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.) is further amended by
adding at the end the following:
``SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES.
``(a) In General.--From the funds reserved under section 110(d),
and any funds made available from State, local, or private funding
sources, each State shall ensure that the designated State unit, in
collaboration with the local educational agencies involved, shall
provide, or arrange for the provision of, pre-employment transition
services for all students with disabilities in need of such services
who are eligible or potentially eligible for services under this title.
``(b) Required Activities.--Funds available under subsection (a)
shall be used to make available to students with disabilities described
in subsection (a)--
``(1) job exploration counseling;
``(2) work-based learning experiences, which may include in-
school or after school opportunities, or experience outside the
traditional school setting (including internships), that is
provided in an integrated environment to the maximum extent
possible;
``(3) counseling on opportunities for enrollment in
comprehensive transition or postsecondary educational programs at
institutions of higher education;
``(4) workplace readiness training to develop social skills and
independent living; and
``(5) instruction in self-advocacy, which may include peer
mentoring.
``(c) Authorized Activities.--Funds available under subsection (a)
and remaining after the provision of the required activities described
in subsection (b) may be used to improve the transition of students
with disabilities described in subsection (a) from school to
postsecondary education or an employment outcome by--
``(1) implementing effective strategies to increase the
likelihood of independent living and inclusion in communities and
competitive integrated workplaces;
``(2) developing and improving strategies for individuals with
intellectual disabilities and individuals with significant
disabilities to live independently, participate in postsecondary
education experiences, and obtain and retain competitive integrated
employment;
``(3) providing instruction to vocational rehabilitation
counselors, school transition personnel, and other persons
supporting students with disabilities;
``(4) disseminating information about innovative, effective,
and efficient approaches to achieve the goals of this section;
``(5) coordinating activities with transition services provided
by local educational agencies under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(6) applying evidence-based findings to improve policy,
procedure, practice, and the preparation of personnel, in order to
better achieve the goals of this section;
``(7) developing model transition demonstration projects;
``(8) establishing or supporting multistate or regional
partnerships involving States, local educational agencies,
designated State units, developmental disability agencies, private
businesses, or other participants to achieve the goals of this
section; and
``(9) disseminating information and strategies to improve the
transition to postsecondary activities of individuals who are
members of traditionally unserved populations.
``(d) Pre-Employment Transition Coordination.--Each local office of
a designated State unit shall carry out responsibilities consisting
of--
``(1) attending individualized education program meetings for
students with disabilities, when invited;
``(2) working with the local workforce development boards, one-
stop centers, and employers to develop work opportunities for
students with disabilities, including internships, summer
employment and other employment opportunities available throughout
the school year, and apprenticeships;
``(3) work with schools, including those carrying out
activities under section 614(d)(1)(A)(i)(VIII) of the Individuals
with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)),
to coordinate and ensure the provision of pre-employment transition
services under this section; and
``(4) when invited, attend person-centered planning meetings
for individuals receiving services under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
``(e) National Pre-employment Transition Coordination.--The
Secretary shall support designated State agencies providing services
under this section, highlight best State practices, and consult with
other Federal agencies to advance the goals of this section.
``(f) Support.--In carrying out this section, States shall address
the transition needs of all students with disabilities, including such
students with physical, sensory, intellectual, and mental health
disabilities.''.
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ``(referred to in this section as
`eligible individuals'), consistent with such eligible individuals'
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice, so that such
individuals may prepare for, and engage in, high-quality employment
that will increase opportunities for economic self-sufficiency'';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) contains assurances that--
``(i) all decisions affecting eligibility for
vocational rehabilitation services, the nature and scope of
available vocational rehabilitation services and the
provision of such services will, consistent with this
title, be made by a representative of the tribal vocational
rehabilitation program funded through the grant; and
``(ii) such decisions will not be delegated to another
agency or individual.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c)(1) From the funds appropriated and made available to carry
out this part for any fiscal year, beginning with fiscal year 2015, the
Commissioner shall first reserve not less than 1.8 percent and not more
than 2 percent of the funds to provide training and technical
assistance to governing bodies described in subsection (a) for such
fiscal year.
``(2) From the funds reserved under paragraph (1), the Commissioner
shall make grants to, or enter into contracts or other cooperative
agreements with, entities that have experience in the operation of
vocational rehabilitation services programs under this section to
provide such training and technical assistance with respect to
developing, conducting, administering, and evaluating such programs.
``(3) The Commissioner shall conduct a survey of the governing
bodies regarding training and technical assistance needs in order to
determine funding priorities for such grants, contracts, or cooperative
agreements.
``(4) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, such an entity shall submit
an application to the Commissioner at such time, in such manner, and
containing a proposal to provide such training and technical
assistance, and containing such additional information as the
Commissioner may require. The Commissioner shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the operation of
vocational rehabilitation services programs under this section.''.
SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION.
Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by striking
``title I of the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity Act''.
Subtitle C--Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended--
(1) in paragraph (1), by inserting ``technical assistance,''
after ``training,'';
(2) in paragraph (2), by inserting ``technical assistance,''
after ``training,'';
(3) in paragraph (3), in the matter preceding subparagraph
(A)--
(A) by inserting ``and use'' after ``transfer''; and
(B) by inserting ``, in a timely and efficient manner,''
after ``disabilities''; and
(4) in paragraph (4), by striking ``distribution'' and
inserting ``dissemination'';
(5) in paragraph (5)--
(A) by inserting ``, including individuals with
intellectual and psychiatric disabilities,'' after
``disabilities''; and
(B) by striking ``and'' after the semicolon;
(6) by redesignating paragraph (6) as paragraph (7);
(7) by inserting after paragraph (5) the following:
``(6) identify strategies for effective coordination of
services to job seekers with disabilities available through
programs of one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act;'';
(8) in paragraph (7), as redesignated by paragraph (6), by
striking the period and inserting ``; and''; and
(9) by adding at the end the following:
``(8) identify effective strategies for supporting the
employment of individuals with disabilities in competitive
integrated employment.''.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201 (29 U.S.C. 761) is amended to read as follows:
``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016,
$114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018,
$119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year
2020.''.
SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING, AND
REHABILITATION RESEARCH.
Section 202 (29 U.S.C. 762) is amended--
(1) in the section heading, by inserting ``, independent
living,'' after ``disability'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``Department of Education'' and all that follows
through ``which'' and inserting ``Administration for
Community Living of the Department of Health and Human
Services a National Institute on Disability, Independent
Living, and Rehabilitation Research (referred to in this
title as the `Institute'), which''; and
(ii) in subparagraph (A)--
(I) in clause (ii), by striking ``and training;
and'' and inserting ``, training, and technical
assistance;'';
(II) by redesignating clause (iii) as clause (iv);
and
(III) by inserting after clause (ii) the following:
``(iii) outreach and information that clarifies research
implications for policy and practice; and''; and
(B) in paragraph (2), by striking ``directly'' and all that
follows through the period and inserting ``directly responsible
to the Administrator for the Administration for Community
Living of the Department of Health and Human Services.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) private organizations engaged in research relating
to--
``(i) independent living;
``(ii) rehabilitation; or
``(iii) providing rehabilitation or independent living
services;'';
(B) in paragraph (3), by striking ``in rehabilitation'' and
inserting ``on disability, independent living, and
rehabilitation'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by
inserting ``education, health and wellness,'' after
``independent living,''; and
(ii) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) public and private entities, including--
``(i) elementary schools and secondary schools (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)); and
``(ii) institutions of higher education;
``(B) rehabilitation practitioners;
``(C) employers and organizations representing employers
with respect to employment-based educational materials or
research;
``(D) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved by programs under
this Act);
``(E) the individuals' representatives for the individuals
described in subparagraph (D); and
``(F) the Committee on Education and the Workforce of the
House of Representatives, the Committee on Appropriations of
the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Appropriations of the Senate;'';
(D) in paragraph (6)--
(i) by striking ``advances in rehabilitation'' and
inserting ``advances in disability, independent living, and
rehabilitation''; and
(ii) by inserting ``education, health and wellness,''
after ``employment, independent living,'';
(E) by striking paragraph (7);
(F) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(G) in paragraph (7), as redesignated by subparagraph (F)--
(i) by striking ``health, income,'' and inserting
``health and wellness, income, education,''; and
(ii) by striking ``and evaluation of vocational and
other'' and inserting ``and evaluation of independent
living, vocational, and'';
(H) in paragraph (8), as redesignated by subparagraph (F),
by striking ``with vocational rehabilitation services for the
purpose of identifying effective rehabilitation programs and
policies that promote the independence of individuals with
disabilities and achievement of long-term vocational goals''
and inserting ``with independent living and vocational
rehabilitation services for the purpose of identifying
effective independent living and rehabilitation programs and
policies that promote the independence of individuals with
disabilities and achievement of long-term independent living
and employment goals''; and
(I) in paragraph (9), as redesignated by subparagraph (F),
by striking ``and telecommuting; and'' and inserting ``,
supported employment (including customized employment), and
telecommuting; and'';
(4) in subsection (d)(1), by striking the second sentence and
inserting the following: ``The Director shall be an individual with
substantial knowledge of and experience in independent living,
rehabilitation, and research administration.'';
(5) in subsection (f)(1), by striking the second sentence and
inserting the following: ``The scientific peer review shall be
conducted by individuals who are not Department of Health and Human
Services employees. The Secretary shall consider for peer review
individuals who are scientists or other experts in disability,
independent living, and rehabilitation, including individuals with
disabilities and the individuals' representatives, and who have
sufficient expertise to review the projects.'';
(6) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``priorities for rehabilitation
research,'' and inserting ``priorities for disability,
independent living, and rehabilitation research,''; and
(ii) by inserting ``dissemination,'' after
``training,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``especially in
the area of employment'' and inserting ``especially in the
areas of employment and independent living'';
(ii) in subparagraph (D)--
(I) by striking ``developed by the Director'' and
inserting ``coordinated with the strategic plan
required under section 203(c)'';
(II) in clause (i), by striking ``Rehabilitation''
and inserting ``Disability, Independent Living, and
Rehabilitation'';
(III) in clause (ii), by striking ``Commissioner''
and inserting ``Administrator''; and
(IV) in clause (iv), by striking ``researchers in
the rehabilitation field'' and inserting ``researchers
in the independent living and rehabilitation fields'';
(iii) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively;
(iv) by inserting after subparagraph (D) the following:
``(E) be developed by the Director;'';
(v) in subparagraph (F), as redesignated by clause
(iii), by inserting ``and information that clarifies
implications of the results for practice,'' after ``covered
activities,''; and
(vi) in subparagraph (G), as redesignated by clause
(iii), by inserting ``and information that clarifies
implications of the results for practice'' after ``covered
activities'';
(7) in subsection (j), by striking paragraph (3); and
(8) by striking subsection (k) and inserting the following:
``(k) The Director shall make grants to institutions of higher
education for the training of independent living and rehabilitation
researchers, including individuals with disabilities and traditionally
underserved populations of individuals with disabilities, as described
in section 21, with particular attention to research areas that--
``(1) support the implementation and objectives of this Act;
and
``(2) improve the effectiveness of services authorized under
this Act.
``(l)(1) Not later than December 31 of each year, the Director
shall prepare, and submit to the Secretary, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Education and the Workforce of the House of Representatives, a report
on the activities funded under this title.
``(2) The report under paragraph (1) shall include--
``(A) a compilation and summary of the information provided by
recipients of funding for such activities under this title;
``(B) a summary describing the funding received under this
title and the progress of the recipients of the funding in
achieving the measurable goals described in section 204(d)(2); and
``(C) a summary of implications of research outcomes on
practice.
``(m)(1) If the Director determines that an entity that receives
funding under this title fails to comply with the applicable
requirements of this Act, or to make progress toward achieving the
measurable goals described in section 204(d)(2), with respect to the
covered activities involved, the Director shall utilize available
monitoring and enforcement measures.
``(2) As part of the annual report required under subsection (l),
the Secretary shall describe each action taken by the Secretary under
paragraph (1) and the outcomes of such action.''.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``conducting rehabilitation research''
and inserting ``conducting disability, independent living,
and rehabilitation research'';
(ii) by striking ``chaired by the Director'' and
inserting ``chaired by the Secretary, or the Secretary's
designee,'';
(iii) by inserting ``the Assistant Secretary of Labor
for Disability Employment Policy, the Secretary of Defense,
the Administrator of the Administration for Community
Living,'' after ``Assistant Secretary for Special Education
and Rehabilitative Services,''; and
(iv) by striking ``and the Director of the National
Science Foundation.'' and inserting ``the Director of the
National Science Foundation and the Administrator of the
Small Business Administration.''; and
(B) in paragraph (2), by inserting ``, and for not less
than 1 of such meetings at least every 2 years, the Committee
shall invite policymakers, representatives from other Federal
agencies conducting relevant research, individuals with
disabilities, organizations representing individuals with
disabilities, researchers, and providers, to offer input on the
Committee's work, including the development and implementation
of the strategic plan required under subsection (c)'' after
``each year'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``from targeted individuals'' and
inserting ``individuals with disabilities''; and
(ii) by inserting ``independent living and'' before
``rehabilitation''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``independent
living research,'' after ``assistive technology
research,'';
(ii) in subparagraph (B), by inserting ``, independent
living research,'' after ``technology research'';
(iii) in subparagraph (D), by striking ``and research
that incorporates the principles of universal design'' and
inserting ``, independent living research, and research
that incorporates the principles of universal design''; and
(iv) in subparagraph (E), by striking ``and research
that incorporates the principles of universal design.'' and
inserting ``, independent living research, and research
that incorporates the principles of universal design.'';
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
``(c)(1) The Committee shall develop a comprehensive government
wide strategic plan for disability, independent living, and
rehabilitation research.
``(2) The strategic plan shall include, at a minimum--
``(A) a description of the--
``(i) measurable goals and objectives;
``(ii) existing resources each agency will devote to
carrying out the plan;
``(iii) timetables for completing the projects outlined in
the plan; and
``(iv) assignment of responsible individuals and agencies
for carrying out the research activities;
``(B) research priorities and recommendations;
``(C) a description of how funds from each agency will be
combined, as appropriate, for projects administered among Federal
agencies, and how such funds will be administered;
``(D) the development and ongoing maintenance of a searchable
government wide inventory of disability, independent living, and
rehabilitation research for trend and data analysis across Federal
agencies;
``(E) guiding principles, policies, and procedures, consistent
with the best research practices available, for conducting and
administering disability, independent living, and rehabilitation
research across Federal agencies; and
``(F) a summary of underemphasized and duplicative areas of
research.
``(3) The strategic plan described in this subsection shall be
submitted to the President and the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives.'';
(6) in subsection (d), as redesignated by paragraph (4)--
(A) in the matter preceding paragraph (1), by striking
``Committee on Labor and Human Resources of the Senate'' and
inserting ``Committee on Health, Education, Labor, and Pensions
of the Senate''; and
(B) by striking paragraph (1) and inserting the following:
``(1) describes the progress of the Committee in fulfilling the
duties described in subsections (b) and (c), and including
specifically for subsection (c)--
``(A) a report of the progress made in implementing the
strategic plan, including progress toward implementing the
elements described in subsection (c)(2)(A); and
``(B) detailed budget information.''; and
(7) in subsection (e), by striking paragraph (2) and inserting
the following:
``(2) the term `independent living', used in connection with
research, means research on issues and topics related to attaining
maximum self-sufficiency and function by individuals with
disabilities, including research on assistive technology and
universal design, employment, education, health and wellness, and
community integration and participation.''.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (29 U.S.C. 764) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``pay'' and inserting ``fund'';
(ii) by inserting ``have practical applications and''
before ``maximize''; and
(iii) by striking ``employment, independent living,''
and inserting ``employment, education, independent living,
health and wellness,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and from which
the research findings, conclusions, or recommendations can
be transferred to practice'' after ``State agencies'';
(ii) in subparagraph (B)--
(I) by striking clause (ii) and inserting the
following:
``(ii) studies and analyses of factors related to industrial,
vocational, educational, employment, social, recreational,
psychiatric, psychological, economic, and health and wellness
variables affecting individuals with disabilities, including
traditionally underserved populations as described in section 21,
and how those variables affect such individuals' ability to live
independently and their participation in the work force;'';
(II) in clause (iii), by striking ``are homebound''
and all that follows and inserting ``have significant
challenges engaging in community life outside their
homes and individuals who are in institutional
settings;'';
(III) in clause (iv), by inserting ``, including
the principles of universal design and the
interoperability of products and services'' after
``disabilities'';
(IV) in clause (v), by inserting ``, and to
promoting employment opportunities in competitive
integrated employment'' after ``employment'';
(V) in clause (vi), by striking ``and'' after the
semicolon;
(VI) in clause (vii), by striking ``and assistive
technology.'' and inserting ``, assistive technology,
and communications technology; and''; and
(VII) by adding at the end the following:
``(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including self-
employment and telecommuting, of individuals with disabilities.'';
and
(C) by adding at the end the following:
``(3) In carrying out this section, the Director shall emphasize
covered activities that include plans for--
``(A) dissemination of high-quality materials, of
scientifically valid research results, or of findings, conclusions,
and recommendations resulting from covered activities, including
through electronic means (such as the website of the Department of
Health and Human Services), so that such information is available
in a timely manner to the general public; or
``(B) the commercialization of marketable products, research
results, or findings, resulting from the covered activities.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(18)'' both places the
term appears and inserting ``(17)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clauses (i) and
(ii) and inserting the following:
``(i) be operated in collaboration with institutions of higher
education, providers of rehabilitation services, developers or
providers of assistive technology devices, assistive technology
services, or information technology devices or services, as
appropriate, or providers of other appropriate services; and
``(ii) serve as centers of national excellence and national or
regional resources for individuals with disabilities, as well as
providers, educators, and researchers.'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by adding ``independent living and'' after
``research in'';
(bb) by adding ``independent living and'' after
``will improve''; and
(cc) by striking ``alleviate or stabilize'' and
all that follows and inserting ``maximize health
and function (including alleviating or stabilizing
conditions, or preventing secondary conditions),
and promote maximum social and economic
independence of individuals with disabilities,
including promoting the ability of the individuals
to prepare for, secure, retain, regain, or advance
in employment;'';
(II) by redesignating clauses (ii), (iii), and
(iv), as clauses (iii), (iv), and (v), respectively;
(III) by inserting after clause (i) the following:
``(ii) conducting research in, and dissemination of, employer-
based practices to facilitate the identification, recruitment,
accommodation, advancement, and retention of qualified individuals
with disabilities;'';
(IV) in clause (iii), as redesignated by subclause
(II), by inserting ``independent living and'' before
``rehabilitation services'';
(V) in clause (iv), as redesignated by subclause
(II)--
(aa) by inserting ``independent living and''
before ``rehabilitation'' each place the term
appears; and
(bb) by striking ``and'' after the semicolon;
and
(VI) by striking clause (v), as redesignated by
subclause (II), and inserting the following:
``(v) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to providers,
educators, and researchers, by providing outreach and information
that clarifies research implications for practice and identifies
potential new areas of research; and
``(vi) developing practical applications for the research
findings of the Centers.'';
(iii) in subparagraph (C)--
(I) in clause (i), by inserting ``, including
research on assistive technology devices, assistive
technology services, and accessible electronic and
information technology devices'' after ``research'';
(II) in clause (ii)--
(aa) by striking ``and social'' and inserting
``, social, and economic''; and
(bb) by inserting ``independent living and''
before ``rehabilitation''; and
(III) by striking clauses (iii) and (iv);
(IV) by redesignating clauses (v) and (vi) as
clauses (iii) and (iv), respectively;
(V) in clause (iii), as redesignated by subclause
(IV), by striking ``to develop'' and all that follows
and inserting ``that promotes the emotional, social,
educational, and functional growth of children who are
individuals with disabilities, as well as their
integration in school, employment, and community
activities;'';
(VI) in clause (iv), as redesignated by subclause
(IV), by striking ``that will improve'' and all that
follows and inserting ``to develop and evaluate
interventions, policies, and services that support
families of those children and adults who are
individuals with disabilities;''; and
(VII) by adding at the end the following:
``(v) continuation of research that will improve services and
policies that foster the independence and social integration of
individuals with disabilities, and enable individuals with
disabilities, including individuals with intellectual disabilities
and other developmental disabilities, to live in their communities;
and
``(vi) research, dissemination, and technical assistance, on
best practices in vocational rehabilitation, including supported
employment and other strategies to promote competitive integrated
employment for persons with the most significant disabilities.'';
(iv) by striking subparagraph (D) and inserting the
following:
``(D) Training of students preparing to be independent living or
rehabilitation personnel or to provide independent living,
rehabilitative, assistive, or supportive services (such as
rehabilitation counseling, personal care services, direct care, job
coaching, aides in school based settings, or advice or assistance in
utilizing assistive technology devices, assistive technology services,
and accessible electronic and information technology devices and
services) shall be an important priority for each such Center.'';
(v) in subparagraph (E), by striking ``comprehensive'';
(vi) in subparagraph (G)(i), by inserting ``independent
living and'' before ``rehabilitation-related'';
(vii) by striking subparagraph (I); and
(viii) by redesignating subparagraphs (J) through (O)
as subparagraphs (I) through (N), respectively;
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``independent
living strategies and'' before ``rehabilitation
technology'';
(ii) in subparagraph (B)--
(I) in clause (i)(I), by inserting ``independent
living and'' before ``rehabilitation problems'';
(II) in clause (ii)(II), by striking ``employment''
and inserting ``educational, employment,''; and
(III) in clause (iii)(II), by striking
``employment'' and inserting ``educational,
employment,'';
(iii) in subparagraph (D)(i)(II), by striking
``postschool'' and inserting ``postsecondary education,
competitive integrated employment, and other age-
appropriate''; and
(iv) in subparagraph (G)(ii), by inserting ``the impact
of any commercialized product researched or developed
through the Center,'' after ``individuals with
disabilities,'';
(D) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``vocational'' and inserting
``independent living, employment,'';
(II) by striking ``special'' and inserting
``unique''; and
(III) by inserting ``social and functional needs,
and'' before ``acute care''; and
(ii) in clause (iv), by inserting ``education, health
and wellness,'' after ``employment,'';
(E) by striking paragraph (8) and inserting the following:
``(8) Grants may be used to conduct a program of joint projects
with other administrations and offices of the Department of Health and
Human Services, the National Science Foundation, the Department of
Veterans Affairs, the Department of Defense, the Federal Communications
Commission, the National Aeronautics and Space Administration, the
Small Business Administration, the Department of Labor, other Federal
agencies, and private industry in areas of joint interest involving
rehabilitation.'';
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13), (14),
(15), (16), (17), and (18), as paragraphs (9), (10), (11),
(12), (13), (14), (15), and (16), respectively;
(H) in paragraph (11), as redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A), by
striking ``employment needs of individuals with
disabilities, including'' and inserting ``employment needs,
opportunities, and outcomes (including those relating to
self-employment, supported employment, and telecommuting)
of individuals with disabilities, including'';
(ii) in subparagraph (B), by inserting ``and employment
related'' after ``the employment'';
(iii) in subparagraph (E), by striking ``and'' after
the semicolon;
(iv) in subparagraph (F), by striking the period at the
end and inserting a semicolon; and
(v) by adding at the end the following:
``(G) develop models to facilitate the successful transition of
individuals with disabilities from nonintegrated employment and
employment that is compensated at a wage less than the Federal
minimum wage to competitive integrated employment;
``(H) develop models to maximize opportunities for integrated
community living, including employment and independent living, for
individuals with disabilities;
``(I) provide training and continuing education for personnel
involved with community living for individuals with disabilities;
``(J) develop model procedures for testing and evaluating the
community living related needs of individuals with disabilities;
``(K) develop model training programs to teach individuals with
disabilities skills which will lead to integrated community living
and full participation in the community; and
``(L) develop new approaches for long-term services and
supports for individuals with disabilities, including supports
necessary for competitive integrated employment.'';
(I) in paragraph (12), as redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A), by
inserting ``an independent living or'' after ``conduct'';
(ii) in subparagraph (D), by inserting ``independent
living or'' before ``rehabilitation''; and
(iii) in the matter following subparagraph (E), by
striking ``National Institute on Disability and
Rehabilitation Research'' and inserting ``National
Institute on Disability, Independent Living, and
Rehabilitation Research'';
(J) in paragraph (13), as redesignated by subparagraph (G),
by inserting ``independent living and'' before ``rehabilitation
needs''; and
(K) in paragraph (14), as redesignated by subparagraph (G),
by striking ``and access to gainful employment.'' and inserting
``, full participation, and economic self-sufficiency.''; and
(3) by adding at the end the following:
``(d)(1) In awarding grants, contracts, or cooperative agreements
under this title, the Director shall award the funding on a competitive
basis.
``(2)(A) To be eligible to receive funds under this section for a
covered activity, an entity described in subsection (a)(1) shall submit
an application to the Director at such time, in such manner, and
containing such information as the Director may require.
``(B) The application shall include information describing--
``(i) measurable goals, as established through section 1115 of
title 31, United States Code, and a timeline and specific plan for
meeting the goals, that the applicant has established;
``(ii) how the project will address 1 or more of the following:
commercialization of a marketable product, technology transfer (if
applicable), dissemination of any research results, and other
priorities as established by the Director; and
``(iii) how the applicant will quantifiably measure the goals
to determine whether such goals have been accomplished.
``(3)(A) In the case of an application for funding under this
section to carry out a covered activity that results in the development
of a marketable product, the application shall also include a
commercialization and dissemination plan, as appropriate, containing
commercialization and marketing strategies for the product involved,
and strategies for disseminating information about the product. The
funding received under this section shall not be used to carry out the
commercialization and marketing strategies.
``(B) In the case of any other application for funding to carry out
a covered activity under this section, the application shall also
include a dissemination plan, containing strategies for disseminating
educational materials, research results, or findings, conclusions, and
recommendations, resulting from the covered activity.''.
SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION
RESEARCH ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended--
(1) in the section heading, by inserting ``disability,
independent living, and'' before ``rehabilitation'';
(2) in subsection (a)--
(A) by striking ``Department of Education a Rehabilitation
Research Advisory Council'' and inserting ``Department of
Health and Human Services a Disability, Independent Living, and
Rehabilitation Research Advisory Council''; and
(B) by inserting ``not less than'' after ``composed of'';
(3) by striking subsection (c) and inserting the following:
``(c) Qualifications.--Members of the Council shall be generally
representative of the community of disability, independent living, and
rehabilitation professionals, the community of disability, independent
living, and rehabilitation researchers, the directors of independent
living centers and community rehabilitation programs, the business
community (including a representative of the small business community)
that has experience with the system of vocational rehabilitation
services and independent living services carried out under this Act and
with hiring individuals with disabilities, the community of
stakeholders involved in assistive technology, the community of covered
school professionals, and the community of individuals with
disabilities, and the individuals' representatives. At least one-half
of the members shall be individuals with disabilities or the
individuals' representatives.''; and
(4) in subsection (g), by striking ``Department of Education''
and inserting ``Department of Health and Human Services''.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760 et seq.) is amended by adding at the end
the following:
``SEC. 206. DEFINITION OF COVERED SCHOOL.
``In this title, the term `covered school' means an elementary
school or secondary school (as such terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))
or an institution of higher education.''.
Subtitle D--Professional Development and Special Projects and
Demonstration
SEC. 441. PURPOSE; TRAINING.
(a) Purpose.--Section 301(a) (29 U.S.C. 771(a)) is amended--
(1) in paragraph (2), by inserting ``and'' after the semicolon;
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) in paragraph (3), as redesignated by paragraph (3), by
striking ``workforce investment systems'' and inserting ``workforce
development systems''.
(b) Training.--Section 302 (29 U.S.C. 772) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking all after
``deliver'' and inserting ``supported employment services
and customized employment services to individuals with the
most significant disabilities;'';
(ii) in subparagraph (F), by striking ``and'' after the
semicolon;
(iii) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) personnel trained in providing assistive technology
services.'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by
striking ``title I of the Workforce Investment Act of
1998'' and inserting ``subtitle B of title I of the
Workforce Innovation and Opportunity Act'';
(ii) in subparagraph (A), by striking ``workforce
investment system'' and inserting ``workforce development
system''; and
(iii) in subparagraph (B), by striking ``section 134(c)
of the Workforce Investment Act of 1998.'' and inserting
``section 121(e) of the Workforce Innovation and
Opportunity Act.''; and
(C) in paragraph (5), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting ``subtitle B
of title I of the Workforce Innovation and Opportunity Act'';
(2) in subsection (b)(1)(B)(i), by striking ``or prosthetics
and orthotics'' and inserting ``prosthetics and orthotics, vision
rehabilitation therapy, orientation and mobility instruction, or
low vision therapy'';
(3) in subsection (g)--
(A) in the subsection heading, by striking ``and In-Service
Training'';
(B) in paragraph (1), by adding after the period the
following: ``Any technical assistance provided to community
rehabilitation programs shall be focused on the employment
outcome of competitive integrated employment for individuals
with disabilities.''; and
(C) by striking paragraph (3);
(4) in subsection (h), by striking ``section 306'' and
inserting ``section 304''; and
(5) in subsection (i), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$33,657,000 for fiscal year 2015, $36,257,000 for
fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for
fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000
for fiscal year 2020.''.
SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE
PROGRAMS.
Section 303 (29 U.S.C. 773) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``section 306'' and
inserting ``section 304'';
(B) in paragraph (3)(A), by striking ``National Institute
on Disability and Rehabilitation Research'' and inserting
``National Institute on Disability, Independent Living, and
Rehabilitation Research'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking clause (i) and inserting the
following:
``(i) initiatives focused on improving transition from
education, including postsecondary education, to
employment, particularly in competitive integrated
employment, for youth who are individuals with significant
disabilities;''; and
(II) by striking clause (iii) and inserting the
following:
``(iii) increasing competitive integrated employment
for individuals with significant disabilities.''; and
(ii) in subparagraph (B)(viii), by striking ``under
title I of the Workforce Investment Act of 1998'' and
inserting ``under subtitle B of title I of the Workforce
Innovation and Opportunity Act''; and
(D) by striking paragraph (6);
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking ``and'' after the
semicolon;
(ii) by redesignating subparagraph (F) as subparagraph
(G); and
(iii) by inserting after subparagraph (E) the
following:
``(F) to provide support and guidance in helping
individuals with significant disabilities, including students
with disabilities, transition to competitive integrated
employment; and'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii)--
(I) by inserting ``the'' after ``closely with'';
and
(II) by inserting ``, the community parent resource
centers established pursuant to section 672 of such
Act, and the eligible entities receiving awards under
section 673 of such Act'' after ``Individuals with
Disabilities Education Act''; and
(ii) in subparagraph (C), by inserting ``, and
demonstrate the capacity for serving,'' after ``shall
serve''; and
(C) by adding at the end the following:
``(8) Reservation.--From the amount appropriated to carry out
this section for a fiscal year, 20 percent of such amount or
$500,000, whichever is less, may be reserved to carry out paragraph
(6).''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section there are authorized to be appropriated $5,796,000 for
fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for
fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for
fiscal year 2019, and $6,809,000 for fiscal year 2020.''.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; RECREATIONAL PROGRAMS.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended--
(1) by striking sections 304 and 305;
(2) by redesignating section 306 as section 304.
Subtitle E--National Council on Disability
SEC. 451. ESTABLISHMENT.
Section 400 (29 U.S.C. 780) is amended--
(1) in subsection (a)(1)--
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) There is established within the Federal Government a National
Council on Disability (referred to in this title as the `National
Council'), which, subject to subparagraph (B), shall be composed of 9
members, of which--
``(i) 5 shall be appointed by the President;
``(ii) 1 shall be appointed by the Majority Leader of the
Senate;
``(iii) 1 shall be appointed by the Minority Leader of the
Senate;
``(iv) 1 shall be appointed by the Speaker of the House of
Representatives; and
``(v) 1 shall be appointed by the Minority Leader of the House
of Representatives.
``(B) The National Council shall transition from 15 members (as of
the date of enactment of the Workforce Innovation and Opportunity Act)
to 9 members as follows:
``(i) On the first 4 expirations of National Council terms
(after that date), replacement members shall be appointed to the
National Council in the following order and manner:
``(I) 1 shall be appointed by the Majority Leader of the
Senate.
``(II) 1 shall be appointed by the Minority Leader of the
Senate.
``(III) 1 shall be appointed by the Speaker of the House of
Representatives.
``(IV) 1 shall be appointed by the Minority Leader of the
House of Representatives.
``(ii) On the next 6 expirations of National Council terms
(after the 4 expirations described in clause (i) occur), no
replacement members shall be appointed to the National Council.
``(C) For any vacancy on the National Council that occurs after the
transition described in subparagraph (B), the vacancy shall be filled
in the same manner as the original appointment was made.''; and
(C) in subparagraph (D), as redesignated by subparagraph
(A) of this paragraph, in the first sentence--
(i) by inserting ``national leaders on disability
policy,'' after ``guardians of individuals with
disabilities,''; and
(ii) by striking ``policy or programs'' and inserting
``policy or issues that affect individuals with
disabilities'';
(2) in subsection (b), by striking ``, except'' and all that
follows and inserting a period; and
(3) in subsection (d), by striking ``Eight'' and inserting
``Five''.
SEC. 452. REPORT.
Section 401 (29 U.S.C. 781) is amended--
(1) in paragraphs (1) and (3) of subsection (a), by striking
``National Institute on Disability and Rehabilitation Research''
and inserting ``National Institute on Disability, Independent
Living, and Rehabilitation Research''; and
(2) by striking subsection (c).
SEC. 453. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year
2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018,
$3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year
2020.''.
Subtitle F--Rights and Advocacy
SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUNCIL.
(a) Interagency Committee.--Section 501 (29 U.S.C. 791) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Architectural and Transportation Barriers Compliance Board.--
Section 502(j) (29 U.S.C. 792(j)) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year
2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018,
$8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year
2020.''.
(c) Program or Activity.--Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ``vocational education'' and
inserting ``career and technical education''.
(d) Interagency Disability Coordinating Council.--Section 507(a)
(29 U.S.C. 794c(a)) is amended by inserting ``the Chairperson of the
National Council on Disability,'' before ``and such other''.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting ``a grant, contract,
or cooperative agreement for'' before ``training'';
(2) in subsection (f)(2)--
(A) by striking ``general'' and all that follows through
``records'' and inserting ``general authorities, including the
authority to access records''; and
(B) by inserting ``of title I'' after ``subtitle C''; and
(3) in subsection (l), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$17,650,000 for fiscal year 2015, $19,013,000 for
fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for
fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000
for fiscal year 2020.''.
SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
(a) In General.--Title V (29 U.S.C. 791 et seq.) is amended by
adding at the end the following:
``SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
``(a) In General.--No entity, including a contractor or
subcontractor of the entity, which holds a special wage certificate as
described in section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) may compensate an individual with a disability who is
age 24 or younger at a wage (referred to in this section as a
`subminimum wage') that is less than the Federal minimum wage unless 1
of the following conditions is met:
``(1) The individual is currently employed, as of the effective
date of this section, by an entity that holds a valid certificate
pursuant to section 14(c) of the Fair Labor Standards Act of 1938.
``(2) The individual, before beginning work that is compensated
at a subminimum wage, has completed, and produces documentation
indicating completion of, each of the following actions:
``(A) The individual has received pre-employment transition
services that are available to the individual under section
113, or transition services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) such as
transition services available to the individual under section
614(d) of that Act (20 U.S.C. 1414(d)).
``(B) The individual has applied for vocational
rehabilitation services under title I, with the result that--
``(i)(I) the individual has been found ineligible for
such services pursuant to that title and has documentation
consistent with section 102(a)(5)(C) regarding the
determination of ineligibility; or
``(II)(aa) the individual has been determined to be
eligible for vocational rehabilitation services;
``(bb) the individual has an individualized plan for
employment under section 102;
``(cc) the individual has been working toward an
employment outcome specified in such individualized plan
for employment, with appropriate supports and services,
including supported employment services, for a reasonable
period of time without success; and
``(dd) the individual's vocational rehabilitation case
is closed; and
``(ii)(I) the individual has been provided career
counseling, and information and referrals to Federal and
State programs and other resources in the individual's
geographic area that offer employment-related services and
supports designed to enable the individual to explore,
discover, experience, and attain competitive integrated
employment; and
``(II) such counseling and information and referrals
are not for employment compensated at a subminimum wage
provided by an entity described in this subsection, and
such employment-related services are not compensated at a
subminimum wage and do not directly result in employment
compensated at a subminimum wage provided by an entity
described in this subsection.
``(b) Construction.--
``(1) Rule.--Nothing in this section shall be construed to--
``(A) change the purpose of this Act described in section
2(b)(2), to empower individuals with disabilities to maximize
opportunities for competitive integrated employment; or
``(B) preference employment compensated at a subminimum
wage as an acceptable vocational rehabilitation strategy or
successful employment outcome, as defined in section 7(11).
``(2) Contracts.--A local educational agency (as defined in
section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)) or a State educational agency (as defined in such
section) may not enter into a contract or other arrangement with an
entity described in subsection (a) for the purpose of operating a
program for an individual who is age 24 or younger under which work
is compensated at a subminimum wage.
``(3) Voidability.--The provisions in this section shall be
construed in a manner consistent with the provisions of the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended
before or after the effective date of this Act.
``(c) During Employment.--
``(1) In general.--The entity described in subsection (a) may
not continue to employ an individual, regardless of age, at a
subminimum wage unless, after the individual begins work at that
wage, at the intervals described in paragraph (2), the individual
(with, in an appropriate case, the individual's parent or
guardian)--
``(A) is provided by the designated State unit career
counseling, and information and referrals described in
subsection (a)(2)(B)(ii), delivered in a manner that
facilitates independent decisionmaking and informed choice, as
the individual makes decisions regarding employment and career
advancement; and
``(B) is informed by the employer of self-advocacy, self-
determination, and peer mentoring training opportunities
available in the individual's geographic area, provided by an
entity that does not have any financial interest in the
individual's employment outcome, under applicable Federal and
State programs or other sources.
``(2) Timing.--The actions required under subparagraphs (A) and
(B) of paragraph (1) shall be carried out once every 6 months for
the first year of the individual's employment at a subminimum wage,
and annually thereafter for the duration of such employment.
``(3) Small business exception.--In the event that the entity
described in subsection (a) is a business with fewer than 15
employees, such entity can satisfy the requirements of
subparagraphs (A) and (B) of paragraph (1) by referring the
individual, at the intervals described in paragraph (2), to the
designated State unit for the counseling, information, and
referrals described in paragraph (1)(A) and the information
described in paragraph (1)(B).
``(d) Documentation.--
``(1) In general.--The designated State unit, in consultation
with the State educational agency, shall develop a new process or
utilize an existing process, consistent with guidelines developed
by the Secretary, to document the completion of the actions
described in subparagraphs (A) and (B) of subsection (a)(2) by a
youth with a disability who is an individual with a disability.
``(2) Documentation process.--Such process shall require that--
``(A) in the case of a student with a disability, for
documentation of actions described in subsection (a)(2)(A)--
``(i) if such a student with a disability receives and
completes each category of required activities in section
113(b), such completion of services shall be documented by
the designated State unit in a manner consistent with this
section;
``(ii) if such a student with a disability receives and
completes any transition services available for students
with disabilities under the Individuals with Disabilities
Education Act, including those provided under section
614(d)(1)(A)(i)(VIII) (20 U.S.C. 1414(d)(1)(A)(i)(VIII)),
such completion of services shall be documented by the
appropriate school official responsible for the provision
of such transition services, in a manner consistent with
this section; and
``(iii) the designated State unit shall provide the
final documentation, in a form and manner consistent with
this section, of the completion of pre-employment
transition services as described in clause (i), or
transition services under the Individuals with Disabilities
Education Act as described in clause (ii), to the student
with a disability within a reasonable period of time
following the completion; and
``(B) when an individual has completed the actions
described in subsection (a)(2)(B), the designated State unit
shall provide the individual a document indicating such
completion, in a manner consistent with this section, within a
reasonable time period following the completion of the actions
described in this subparagraph.
``(e) Verification.--
``(1) Before employment.--Before an individual covered by
subsection (a)(2) begins work for an entity described in subsection
(a) at a subminimum wage, the entity shall review such
documentation received by the individual under subsection (d), and
provided by the individual to the entity, that indicates that the
individual has completed the actions described in subparagraphs (A)
and (B) of subsection (a)(2) and the entity shall maintain copies
of such documentation.
``(2) During employment.--
``(A) In general.--In order to continue to employ an
individual at a subminimum wage, the entity described in
subsection (a) shall verify completion of the requirements of
subsection (c), including reviewing any relevant documents
provided by the individual, and shall maintain copies of the
documentation described in subsection (d).
``(B) Review of documentation.--The entity described in
subsection (a) shall be subject to review of individual
documentation described in subsection (d) by a representative
working directly for the designated State unit or the
Department of Labor at such a time and in such a manner as may
be necessary to fulfill the intent of this section, consistent
with regulations established by the designated State unit or
the Secretary of Labor.
``(f) Federal Minimum Wage.--In this section, the term `Federal
minimum wage' means the rate applicable under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).''.
(b) Effective Date.--This section takes effect 2 years after the
date of enactment of the Workforce Innovation and Opportunity Act.
Subtitle G--Employment Opportunities for Individuals With Disabilities
SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
Title VI (29 U.S.C. 795 et seq.) is amended--
(1) by striking part A;
(2) by striking the part heading relating to part B;
(3) by redesignating sections 621 through 628 as sections 602
through 609, respectively;
(4) in section 602, as redesignated by paragraph (3)--
(A) by striking ``part'' and inserting ``title''; and
(B) by striking ``individuals with the most significant
disabilities'' and all that follows and inserting ``individuals
with the most significant disabilities, including youth with
the most significant disabilities, to enable such individuals
to achieve an employment outcome of supported employment in
competitive integrated employment.'';
(5) in section 603, as redesignated by paragraph (3)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by
striking ``part'' and inserting ``title'';
(II) in subparagraph (A), by inserting ``amount''
after ``whichever''; and
(III) in subparagraph (B)--
(aa) by striking ``part for the fiscal year''
and inserting ``title for the fiscal year'';
(bb) by striking ``this part in fiscal year
1992'' and inserting ``part B of this title (as in
effect on September 30, 1992) in fiscal year
1992''; and
(cc) by inserting ``amount'' after
``whichever''; and
(ii) in paragraph (2)(B), by striking ``one-eighth of
one percent'' and inserting ``\1/8\ of 1 percent'';
(B) in subsection (b)--
(i) by inserting ``under subsection (a)'' after
``allotment to a State'';
(ii) by striking ``part'' each place the term appears
and inserting ``title''; and
(iii) by striking ``one or more'' and inserting ``1 or
more''; and
(C) by adding at the end the following:
``(c) Limitations on Administrative Costs.--A State that receives
an allotment under this title shall not use more than 2.5 percent of
such allotment to pay for administrative costs.
``(d) Services for Youth With the Most Significant Disabilities.--A
State that receives an allotment under this title shall reserve and
expend half of such allotment for the provision of supported employment
services, including extended services, to youth with the most
significant disabilities in order to assist those youth in achieving an
employment outcome in supported employment.'';
(6) by striking section 604, as redesignated by paragraph (3),
and inserting the following:
``SEC. 604. AVAILABILITY OF SERVICES.
``(a) Supported Employment Services.--Funds provided under this
title may be used to provide supported employment services to
individuals who are eligible under this title.
``(b) Extended Services.--
``(1) In general.--Except as provided in paragraph (2), funds
provided under this title, or title I, may not be used to provide
extended services to individuals under this title or title I.
``(2) Extended services for youth with the most significant
disabilities.--Funds allotted under this title, or title I, and
used for the provision of services under this title to youth with
the most significant disabilities pursuant to section 603(d), may
be used to provide extended services to youth with the most
significant disabilities. Such extended services shall be available
for a period not to exceed 4 years.'';
(7) in section 605, as redesignated by paragraph (3)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, including a youth with a
disability,'' after ``An individual''; and
(ii) by striking ``this part'' and inserting ``this
title'';
(B) in paragraph (1), by inserting ``under title I'' after
``rehabilitation services'';
(C) in paragraph (2), by striking ``and'' after the
semicolon;
(D) by redesignating paragraph (3) as paragraph (4);
(E) by inserting after paragraph (2) the following:
``(3) for purposes of activities carried out with funds
described in section 603(d), the individual is a youth with a
disability, as defined in section (7)(42); and''; and
(F) in paragraph (4), as redesignated by subparagraph (D),
by striking ``assessment of rehabilitation needs'' and
inserting ``assessment of the rehabilitation needs'';
(8) in section 606, as redesignated by paragraph (3)--
(A) in subsection (a)--
(i) by striking ``this part'' and inserting ``this
title''; and
(ii) by inserting ``, including youth with the most
significant disabilities,'' after ``individuals'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``this part'' and
inserting ``this title'';
(ii) in paragraph (2), by inserting ``, including
youth,'' after ``rehabilitation needs of individuals'';
(iii) in paragraph (3)--
(I) by inserting ``, including youth with the most
significant disabilities,'' after ``provided to
individuals''; and
(II) by striking ``section 622'' and inserting
``section 603'';
(iv) by striking paragraph (7);
(v) by redesignating paragraph (6) as paragraph (7);
(vi) by inserting after paragraph (5) the following:
``(6) describe the activities to be conducted pursuant to
section 603(d) for youth with the most significant disabilities,
including--
``(A) the provision of extended services for a period not
to exceed 4 years; and
``(B) how the State will use the funds reserved in section
603(d) to leverage other public and private funds to increase
resources for extended services and expand supported employment
opportunities for youth with the most significant
disabilities;'';
(vii) in paragraph (7), as redesignated by clause (v)--
(I) in subparagraph (A), by striking ``under this
part'' both places the term appears and inserting
``under this title'';
(II) in subparagraph (B), by inserting ``,
including youth with the most significant
disabilities,'' after ``significant disabilities'';
(III) in subparagraph (C)--
(aa) in clause (i), by inserting ``, including,
as appropriate, for youth with the most significant
disabilities, transition services and pre-
employment transition services'' after ``services
to be provided'';
(bb) in clause (ii), by inserting ``, including
the extended services that may be provided to youth
with the most significant disabilities under this
title, in accordance with an approved
individualized plan for employment, for a period
not to exceed 4 years'' after ``services needed'';
and
(cc) in clause (iii)--
(AA) by striking ``identify the source of
extended services,'' and inserting ``identify,
as appropriate, the source of extended
services,'';
(BB) by striking ``or to the extent'' and
inserting ``or indicate''; and
(CC) by striking ``employment is
developed'' and all that follows and inserting
``employment is developed;''
(IV) in subparagraph (D), by striking ``under this
part'' and inserting ``under this title'';
(V) in subparagraph (F), by striking ``and'' after
the semicolon;
(VI) in subparagraph (G), by striking ``for the
maximum number of hours possible''; and
(VII) by adding at the end the following:
``(H) the State agencies designated under paragraph (1)
will expend not more than 2.5 percent of the allotment of the
State under this title for administrative costs of carrying out
this title; and
``(I) with respect to supported employment services
provided to youth with the most significant disabilities
pursuant to section 603(d), the designated State agency will
provide, directly or indirectly through public or private
entities, non-Federal contributions in an amount that is not
less than 10 percent of the costs of carrying out such
services; and'';
(9) by striking section 607, as redesignated by paragraph (3),
and inserting the following:
``SEC. 607. RESTRICTION.
``Each State agency designated under section 606(b)(1) shall
collect the information required by section 101(a)(10) separately for--
``(1) eligible individuals receiving supported employment
services under this title;
``(2) eligible individuals receiving supported employment
services under title I;
``(3) eligible youth receiving supported employment services
under this title; and
``(4) eligible youth receiving supported employment services
under title I.'';
(10) in section 608(b), as redesignated by paragraph (3), by
striking ``this part'' both places the terms appears and inserting
``this title''; and
(11) by striking section 609, as redesignated by paragraph (3),
and inserting the following:
``SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE INTEGRATED
EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES.
``(a) Establishment.--Not later than 60 days after the date of
enactment of the Workforce Innovation and Opportunity Act, the
Secretary of Labor shall establish an Advisory Committee on Increasing
Competitive Integrated Employment for Individuals with Disabilities
(referred to in this section as the `Committee').
``(b) Appointment and Vacancies.--
``(1) Appointment.--The Secretary of Labor shall appoint the
members of the Committee described in subsection (c)(6), in
accordance with subsection (c).
``(2) Vacancies.--Any vacancy in the Committee shall not affect
its powers, but shall be filled in the same manner, in accordance
with the same paragraph of subsection (c), as the original
appointment or designation was made.
``(c) Composition.--The Committee shall be composed of--
``(1) the Assistant Secretary for Disability Employment Policy,
the Assistant Secretary for Employment and Training, and the
Administrator of the Wage and Hour Division, of the Department of
Labor;
``(2) the Commissioner of the Administration on Intellectual
and Developmental Disabilities, or the Commissioner's designee;
``(3) the Director of the Centers for Medicare & Medicaid
Services of the Department of Health and Human Services, or the
Director's designee;
``(4) the Commissioner of Social Security, or the
Commissioner's designee;
``(5) the Commissioner of the Rehabilitation Services
Administration, or the Commissioner's designee; and
``(6) representatives from constituencies consisting of--
``(A) self-advocates for individuals with intellectual or
developmental disabilities;
``(B) providers of employment services, including those
that employ individuals with intellectual or developmental
disabilities in competitive integrated employment;
``(C) representatives of national disability advocacy
organizations for adults with intellectual or developmental
disabilities;
``(D) experts with a background in academia or research and
expertise in employment and wage policy issues for individuals
with intellectual or developmental disabilities;
``(E) representatives from the employer community or
national employer organizations; and
``(F) other individuals or representatives of organizations
with expertise on increasing opportunities for competitive
integrated employment for individuals with disabilities.
``(d) Chairperson.--The Committee shall elect a Chairperson of the
Committee from among the appointed members of the Committee.
``(e) Meetings.--The Committee shall meet at the call of the
Chairperson, but not less than 8 times.
``(f) Duties.--The Committee shall study, and prepare findings,
conclusions, and recommendations for the Secretary of Labor on--
``(1) ways to increase the employment opportunities for
individuals with intellectual or developmental disabilities or
other individuals with significant disabilities in competitive
integrated employment;
``(2) the use of the certificate program carried out under
section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)) for the employment of individuals with intellectual or
developmental disabilities, or other individuals with significant
disabilities; and
``(3) ways to improve oversight of the use of such
certificates.
``(g) Committee Personnel Matters.--
``(1) Travel expenses.--The members of the Committee shall not
receive compensation for the performance of services for the
Committee, but shall be allowed reasonable travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places
of business in the performance of services for the Committee.
Notwithstanding section 1342 of title 31, United States Code, the
Secretary may accept the voluntary and uncompensated services of
members of the Committee.
``(2) Staff.--The Secretary of Labor may designate such
personnel as may be necessary to enable the Committee to perform
its duties.
``(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate Federal
agency, may be detailed to the Committee without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
``(4) Facilities, equipment, and services.--The Secretary of
Labor shall make available to the Committee, under such
arrangements as may be appropriate, necessary equipment, supplies,
and services.
``(h) Reports.--
``(1) Interim and final reports.--The Committee shall prepare
and submit to the Secretary of Labor, as well as the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives--
``(A) an interim report that summarizes the progress of the
Committee, along with any interim findings, conclusions, and
recommendations as described in subsection (f); and
``(B) a final report that states final findings,
conclusions, and recommendations as described in subsection
(f).
``(2) Preparation and submission.--The reports shall be
prepared and submitted--
``(A) in the case of the interim report, not later than 1
year after the date on which the Committee is established under
subsection (a); and
``(B) in the case of the final report, not later than 2
years after the date on which the Committee is established
under subsection (a).
``(i) Termination.--The Committee shall terminate on the day after
the date on which the Committee submits the final report.
``SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title
$27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016,
$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018,
$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year
2020.''.
Subtitle H--Independent Living Services and Centers for Independent
Living
CHAPTER 1--INDIVIDUALS WITH SIGNIFICANT DISABILITIES
Subchapter A--General Provisions
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph (3)--
(1) by striking ``part B of title VI'' and inserting ``title
VI''; and
(2) by inserting before the period the following: ``, with the
goal of improving the independence of individuals with
disabilities''.
SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting after
section 701 the following:
``SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
``There is established within the Administration for Community
Living of the Department of Health and Human Services, an Independent
Living Administration. The Independent Living Administration shall be
headed by a Director (referred to in this section as the `Director')
appointed by the Secretary of Health and Human Services. The Director
shall be an individual with substantial knowledge of independent living
services. The Independent Living Administration shall be the principal
agency, and the Director shall be the principal officer, to carry out
this chapter. In performing the functions of the office, the Director
shall be directly responsible to the Administrator of the
Administration for Community Living of the Department of Health and
Human Services. The Secretary shall ensure that the Independent Living
Administration has sufficient resources (including designating at least
1 individual from the Office of General Counsel who is knowledgeable
about independent living services) to provide technical assistance and
support to, and oversight of, the programs funded under this
chapter.''.
SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by inserting
``for individuals with significant disabilities (regardless of
age or income)'' before ``that--''; and
(B) in subparagraph (B), by striking the period and
inserting ``, including, at a minimum, independent living core
services as defined in section 7(17).'';
(2) in paragraph (2), by striking the period and inserting the
following: ``, in terms of the management, staffing,
decisionmaking, operation, and provisions of services, of the
center.'';
(3) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively; and
(4) by inserting before paragraph (2) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Administration for Community Living of the
Department of Health and Human Services.''.
SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``State plan'' the following:
``developed and signed in accordance with paragraph (2),'';
and
(ii) by striking ``Commissioner'' each place it appears
and inserting ``Administrator'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``developed and signed by''; and
(ii) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) developed by the chairperson of the Statewide
Independent Living Council, and the directors of the centers
for independent living in the State, after receiving public
input from individuals with disabilities and other stakeholders
throughout the State; and
``(B) signed by--
``(i) the chairperson of the Statewide Independent
Living Council, acting on behalf of and at the direction of
the Council;
``(ii) the director of the designated State entity
described in subsection (c); and
``(iii) not less than 51 percent of the directors of
the centers for independent living in the State.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``State
independent living services'' and inserting ``independent
living services in the State''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) working relationships and collaboration between--
``(i) centers for independent living; and
``(ii)(I) entities carrying out programs that provide
independent living services, including those serving older
individuals;
``(II) other community-based organizations that provide
or coordinate the provision of housing, transportation,
employment, information and referral assistance, services,
and supports for individuals with significant disabilities;
and
``(III) entities carrying out other programs providing
services for individuals with disabilities.''.
(D) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(E) by adding at the end the following:
``(5) Statewideness.--The State plan shall describe strategies
for providing independent living services on a statewide basis, to
the greatest extent possible.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Unit'' and
inserting ``Entity'';
(B) in the matter preceding paragraph (1), by striking
``the designated State unit of such State'' and inserting ``a
State entity of such State (referred to in this title as the
`designated State entity')'';
(C) in paragraphs (3) and (4), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
(D) in paragraph (3), by striking ``and'' at the end;
(E) in paragraph (4), by striking the period and inserting
``; and''; and
(F) by adding at the end the following:
``(5) retain not more than 5 percent of the funds received by
the State for any fiscal year under part B, for the performance of
the services outlined in paragraphs (1) through (4).'';
(3) in subsection (i), by striking paragraphs (1) and (2) and
inserting the following:
``(1) the Statewide Independent Living Council;
``(2) centers for independent living;
``(3) the designated State entity; and
``(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.'';
(4) in subsection (m)--
(A) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(B) in paragraph (5), by striking ``Commissioner'' and
inserting ``Administrator''; and
(5) by adding at the end the following:
``(o) Promoting Full Access to Community Life.--The plan shall
describe how the State will provide independent living services
described in section 7(18) that promote full access to community life
for individuals with significant disabilities.''.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended--
(1) in subsection (a), by inserting ``and maintain'' after
``shall establish'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``among its voting members,''
before ``at least''; and
(II) by striking ``one'' and inserting ``1''; and
(ii) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) among its voting members, for a State in which 1 or
more centers for independent living are run by, or in
conjunction with, the governing bodies of American Indian
tribes located on Federal or State reservations, at least 1
representative of the directors of such centers; and
``(C) as ex officio, nonvoting members, a representative of
the designated State entity, and representatives from State
agencies that provide services for individuals with
disabilities.'';
(B) in paragraph (3)--
(i) by redesignating subparagraphs (C) through (F) as
subparagraphs (D) through (G), respectively;
(ii) in subparagraph (B), by striking ``parents and
guardians of''; and
(iii) by inserting after paragraph (B) the following:
``(C) parents and guardians of individuals with
disabilities;'';
(C) in paragraph (5)(B), by striking ``paragraph (3)'' and
inserting ``paragraph (1)''; and
(D) in paragraph (6)(B), by inserting ``, other than a
representative described in paragraph (2)(A) if there is only
one center for independent living within the State,'' after
``the Council'';
(3) by striking subsection (c) and inserting the following:
``(c) Functions.--
``(1) Duties.--The Council shall--
``(A) develop the State plan as provided in section
704(a)(2);
``(B) monitor, review, and evaluate the implementation of
the State plan;
``(C) meet regularly, and ensure that such meetings of the
Council are open to the public and sufficient advance notice of
such meetings is provided;
``(D) submit to the Administrator such periodic reports as
the Administrator may reasonably request, and keep such
records, and afford such access to such records, as the
Administrator finds necessary to verify the information in such
reports; and
``(E) as appropriate, coordinate activities with other
entities in the State that provide services similar to or
complementary to independent living services, such as entities
that facilitate the provision of or provide long-term
community-based services and supports.
``(2) Authorities.--The Council may, consistent with the State
plan described in section 704, unless prohibited by State law--
``(A) in order to improve services provided to individuals
with disabilities, work with centers for independent living to
coordinate services with public and private entities;
``(B) conduct resource development activities to support
the activities described in this subsection or to support the
provision of independent living services by centers for
independent living; and
``(C) perform such other functions, consistent with the
purpose of this chapter and comparable to other functions
described in this subsection, as the Council determines to be
appropriate.
``(3) Limitation.--The Council shall not provide independent
living services directly to individuals with significant
disabilities or manage such services.'';
(4) in subsection (e)--
(A) in paragraph (1), in the first sentence, by striking
``prepare'' and all that follows through ``a plan'' and
inserting ``prepare, in conjunction with the designated State
entity, a plan''; and
(B) in paragraph (3), by striking ``State agency'' and
inserting ``State entity''; and
(5) in subsection (f)--
(A) by striking ``such resources'' and inserting
``available resources''; and
(B) by striking ``(including'' and all that follows through
``compensation'' and inserting ``(such as personal assistance
services), and to pay reasonable compensation''.
SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR.
Section 706 (29 U.S.C. 796d-1) is amended--
(1) by striking the title of the section and inserting the
following:
``SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Commissioner''
and inserting ``Administrator''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by inserting ``or the Commissioner'' after
``to the Secretary''; and
(bb) by striking ``to the Commissioner; and''
and inserting ``to the Administrator;'';
(II) by redesignating clause (ii) as clause (iii);
and
(III) by inserting after clause (i) the following:
``(ii) to the State agency shall be deemed to be
references to the designated State entity; and'';
(3) by striking subsection (b) and inserting the following:
``(b) Indicators.--Not later than 1 year after the date of
enactment of the Workforce Innovation and Opportunity Act, the
Administrator shall develop and publish in the Federal Register
indicators of minimum compliance for centers for independent living
(consistent with the standards set forth in section 725), and
indicators of minimum compliance for Statewide Independent Living
Councils.'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' each place it appears
and inserting ``Administrator''; and
(ii) by striking the last sentence;
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``Commissioner'' and inserting ``Administrator'';
(ii) in subparagraph (A), by striking ``such a review''
and inserting ``a review described in paragraph (1)''; and
(iii) in subparagraphs (A) and (B), by striking
``Department'' each place it appears and inserting
``Department of Health and Human Services''; and
(5) by striking subsection (d) and inserting the following:
``(d) Reports.--
``(1) In general.--The Director described in section 701A shall
provide to the Administrator of the Administration for Community
Living and the Administrator shall include, in an annual report,
information on the extent to which centers for independent living
receiving funds under part C have complied with the standards and
assurances set forth in section 725. The Director may identify
individual centers for independent living in the analysis contained
in that information. The Director shall include in the report the
results of onsite compliance reviews, identifying individual
centers for independent living and other recipients of assistance
under part C.
``(2) Public availability.--The Director shall ensure that the
report described in this subsection is made publicly available in a
timely manner, including through electronic means, in order to
inform the public about the administration and performance of
programs under this Act.''.
Subchapter B--Independent Living Services
SEC. 476. ADMINISTRATION.
(a) Allotments.--Section 711 (29 U.S.C. 796e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Except'' and inserting ``After the
reservation required by section 711A is made, and except'';
and
(ii) by inserting ``the remainder of the'' before
``sums appropriated''; and
(B) in paragraph (2)(B), by striking ``amounts made
available for purposes of this part'' and inserting ``remainder
described in paragraph (1)(A)'';
(2) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(3) by adding at the end the following:
``(d) Administration.--Funds allotted or made available to a State
under this section shall be administered by the designated State
entity, in accordance with the approved State plan.''.
(b) Training and Technical Assistance.--Part B of chapter 1 of
title VII is amended by inserting after section 711 (29 U.S.C. 796e)
the following:
``training and technical assistance
``Sec. 711A. (a) From the funds appropriated and made available to
carry out this part for any fiscal year, beginning with fiscal year
2015, the Administrator shall first reserve not less than 1.8 percent
and not more than 2 percent of the funds to provide, either directly or
through grants, contracts, or cooperative agreements, training and
technical assistance to Statewide Independent Living Councils
established under section 705 for such fiscal year.
``(b) The Administrator shall conduct a survey of such Statewide
Independent Living Councils regarding training and technical assistance
needs in order to determine funding priorities for such training and
technical assistance.
``(c) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, an entity shall submit an
application to the Administrator at such time, in such manner,
containing a proposal to provide such training and technical
assistance, and containing such additional information, as the
Administrator may require. The Administrator shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the operation of such
Statewide Independent Living Councils.''.
(c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is amended by
striking ``Commissioner'' and inserting ``Administrator''.
(d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-2) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The State may use funds received under this part
to provide the resources described in section 705(e) (but may not use
more than 30 percent of the funds paid to the State under section 712
for such resources unless the State specifies that a greater percentage
of the funds is needed for such resources in a State plan approved
under section 706), relating to the Statewide Independent Living
Council, may retain funds under section 704(c)(5), and shall distribute
the remainder of the funds received under this part in a manner
consistent with the approved State plan for the activities described in
subsection (b).
``(b) Activities.--The State may use the remainder of the funds
described in subsection (a)--''; and
(2) in paragraph (1), by inserting ``, particularly those in
unserved areas of the State'' after ``disabilities''.
(e) Authorization of Appropriations.--Section 714 (29 U.S.C. 796e-
3) is amended by striking ``such sums as may be necessary for each of
the fiscal years 1999 through 2003.'' and inserting ``$22,878,000 for
fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for
fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for
fiscal year 2019, and $26,877,000 for fiscal year 2020.''.
Subchapter C--Centers for Independent Living
SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended--
(1) in subsection (a)--
(A) by striking ``1999'' and inserting ``2015'';
(B) by striking ``Commissioner shall allot'' and inserting
``Administrator shall make available''; and
(C) by inserting ``, centers for independent living,''
after ``States'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking ``other
arrangements'' and inserting ``cooperative agreements'';
(ii) by striking ``For'' and all that follows through
``Commissioner'' and inserting ``From the funds
appropriated to carry out this part for any fiscal year,
beginning with fiscal year 2015, the Administrator'';
(iii) by striking ``reserve from such excess'' and
inserting ``reserve not less than 1.8 percent and not more
than 2 percent of the funds''; and
(iv) by striking ``eligible agencies'' and all that
follows and inserting ``centers for independent living and
eligible agencies for such fiscal year.'';
(B) in paragraph (2)--
(i) by striking ``Commissioner shall make grants to,
and enter into contracts and other arrangements with,'' and
inserting ``Administrator shall make grants to, or enter
into contracts or cooperative agreements with,''; and
(ii) by inserting ``fiscal management of,'' before
``planning,'';
(C) in paragraphs (3), (4), and (5), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(D) in paragraph (3), by striking ``Statewide Independent
Living Councils and'';
(3) in paragraph (4), by striking ``other arrangement'' and
inserting ``cooperative agreement'';
(4) in subsection (c), by striking ``Commissioner'' each place
it appears and inserting ``Administrator''; and
(5) in subsection (d), by striking ``Commissioner'' each place
it appears and inserting ``Administrator''.
SEC. 482. CENTERS.
(a) Centers in States in Which Federal Funding Exceeds State
Funding.--Section 722 (29 U.S.C. 796f-1) is amended--
(1) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants for a
fiscal year''; and
(B) by striking ``by September 30, 1997'' and inserting
``for the preceding fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' and inserting
``Administrator''; and
(ii) by striking ``region, consistent'' and all that
follows and inserting ``region. The Administrator's
determination of the most qualified applicant shall be
consistent with the provisions in the State plan setting
forth the design of the State for establishing a statewide
network of centers for independent living.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``Commissioner'' and inserting ``Administrator'';
and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) shall consider comments regarding the application--
``(i) by individuals with disabilities and other
interested parties within the new region proposed to be
served; and
``(ii) if any, by the Statewide Independent Living
Council in the State in which the applicant is located;'';
and
(4) in subsections (e) and (g) by striking ``Commissioner''
each place it appears and inserting ``Administrator.''.
(b) Centers in States in Which State Funding Exceeds Federal
Funding.--Section 723 (29 U.S.C. 796f-2) is amended--
(1) in subsections (a), (b), (g), (h), and (i), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (a)--
(A) in paragraph (1)(A)(ii), by inserting ``of a designated
State unit'' after ``director''; and
(B) in the heading of paragraph (3), by striking
``commissioner'' and inserting ``administrator''; and
(3) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants for a
fiscal year''; and
(B) by striking ``by September 30, 1997'' and inserting
``for the preceding fiscal year''.
(c) Centers Operated by State Agencies.--Section 724 (29 U.S.C.
796f-3) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``1993'' and inserting ``2015'';
(B) by striking ``Rehabilitation Act Amendments of 1998''
and inserting ``Workforce Innovation and Opportunity Act''; and
(C) by striking ``1994'' and inserting ``2015''; and
(2) by striking ``Commissioner'' each place it appears and
inserting ``Administrator''.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f-4) is amended--
(1) in subsection (b)(1)(D)--
(A) by striking ``access of'' and inserting ``access for'';
and
(B) by striking ``to society and'' and inserting ``, within
their communities,''; and
(2) in subsection (c), by striking ``Commissioner'' each place
it appears and inserting ``Administrator''.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f-6) is amended by striking ``such sums
as may be necessary for each of the fiscal years 1999 through 2003.''
and inserting ``$78,305,000 for fiscal year 2015, $84,353,000 for
fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for
fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for
fiscal year 2020.''.
CHAPTER 2--INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND.
Chapter 2 of title VII (29 U.S.C. 796j et seq.) is amended by
inserting after section 751 the following:
``training and technical assistance
``Sec. 751A. (a) From the funds appropriated and made available to
carry out this chapter for any fiscal year, beginning with fiscal year
2015, the Commissioner shall first reserve not less than 1.8 percent
and not more than 2 percent of the funds to provide, either directly or
through grants, contracts, or cooperative agreements, training and
technical assistance to designated State agencies, or other providers
of independent living services for older individuals who are blind,
that are funded under this chapter for such fiscal year.
``(b) The Commissioner shall conduct a survey of designated State
agencies that receive grants under section 752 regarding training and
technical assistance needs in order to determine funding priorities for
such training and technical assistance.
``(c) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, an entity shall submit an
application to the Commissioner at such time, in such manner,
containing a proposal to provide such training and technical
assistance, and containing such additional information, as the
Commissioner may require. The Commissioner shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the provision of
services to older individuals who are blind.''.
SEC. 487. PROGRAM OF GRANTS.
Section 752 (29 U.S.C. 796k) is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections (h)
and (i), respectively;
(3) in subsection (c)(2)--
(A) by striking ``subsection (j)'' and inserting
``subsection (i)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(4) in subsection (g), by inserting ``, or contracts or
cooperative agreements with,'' after ``grants to'';
(5) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``subsection (j)(4)'' and
inserting ``subsection (i)(4)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by adding ``and'' after
the semicolon;
(ii) in subparagraph (B)(ii)(III), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(6) in subsection (i), as redesignated by paragraph (2)--
(A) in paragraph (2)(A)(ii), by inserting ``, and not
reserved under section 751A,'' after ``section 753'';
(B) in paragraph (3)(A), by inserting ``, and not reserved
under section 751A,'' after ``section 753''; and
(C) in paragraph (4)(B)(i), by striking ``subsection (i)''
and inserting ``subsection (h)''.
SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 753 (29 U.S.C. 796l) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$33,317,000 for fiscal year 2015, $35,890,000 for fiscal
year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal
year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal
year 2020.''.
Subtitle I--General Provisions
SEC. 491. TRANSFER OF FUNCTIONS REGARDING INDEPENDENT LIVING TO
DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND SAVINGS PROVISIONS.
(a) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Administration for Community Living'' means the
Administration for Community Living of the Department of Health and
Human Services;
(2) the term ``Federal agency'' has the meaning given to the
term ``agency'' by section 551(1) of title 5, United States Code;
(3) the term ``function'' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program;
and
(4) the term ``Rehabilitation Services Administration'' means
the Rehabilitation Services Administration of the Office of Special
Education and Rehabilitative Services of the Department of
Education.
(b) Transfer of Functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration exercised
before the effective date of this section (including all related
functions of any officer or employee of that Administration) under
chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796
et seq.).
(c) Personnel Determinations by the Office of Management and
Budget.--The Office of Management and Budget shall--
(1) ensure that this section does not result in any net
increase in full-time equivalent employees at any Federal agency
impacted by this section; and
(2) not later than 1 year after the effective date of this
section, certify compliance with this subsection to the Committee
on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate.
(d) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this section, the
Administrator of the Administration for Community Living may delegate
any of the functions transferred to the Administrator of such
Administration by subsection (b) and any function described in
subsection (b) that was transferred or granted to such Administrator
after the effective date of this section to such officers and employees
of such Administration as the Administrator may designate, and may
authorize successive redelegations of such functions described in
subsection (b) as may be necessary or appropriate. No delegation of
such functions by the Administrator of the Administration for Community
Living under this subsection or under any other provision of this
section shall relieve such Administrator of responsibility for the
administration of such functions.
(e) Reorganization.--Except where otherwise expressly prohibited by
law or otherwise provided by this Act, the Administrator of the
Administration for Community Living is authorized to allocate or
reallocate any function transferred under subsection (b) among the
officers of such Administration, and to consolidate, alter, or
discontinue such organizational entities in such Administration as may
be necessary or appropriate.
(f) Rules.--The Administrator of the Administration for Community
Living is authorized to prescribe, in accordance with the provisions of
chapters 5 and 6 of title 5, United States Code, such rules and
regulations as that Administrator determines necessary or appropriate
to administer and manage the functions described in subsection (b) of
that Administration.
(g) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by subsection (b), subject to section 1531 of title 31,
United States Code, shall be transferred to the Administration for
Community Living. Unexpended funds transferred pursuant to this
subsection shall be used only for the purposes for which the funds were
originally authorized and appropriated.
(h) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions transferred by subsection (b), and to make such
additional incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the provisions of
this section. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this section and for such further measures and dispositions as may
be necessary to effectuate the purposes of this section, with respect
to such functions.
(i) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and
other administrative actions--
(A) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under
subsection (b); and
(B) which are in effect at the time this section takes
effect, or were final before the effective date of this section
and are to become effective on or after the effective date of
this section,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Administrator of the Administration for
Community Living or other authorized official, a court of competent
jurisdiction, or by operation of law.
(2) Proceedings not affected.--The provisions of this section
shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the
Rehabilitation Services Administration at the time this section
takes effect, with respect to functions transferred by subsection
(b) but such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as
if this section had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
paragraph shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could have
been discontinued or modified if this section had not been enacted.
(3) Suits not affected.--The provisions of this section shall
not affect suits commenced (with respect to functions transferred
under subsection (b)) before the effective date of this section,
and in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect as
if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), or by or against any individual in the official
capacity of such individual as an officer of the Rehabilitation
Services Administration (with regard to functions transferred under
subsection (b)), shall abate by reason of the enactment of this
section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the preparation
or promulgation of a regulation by the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)) may be continued by the Administration for
Community Living with the same effect as if this section had not
been enacted.
(j) Separability.--If a provision of this section or its
application to any person or circumstance is held invalid, neither the
remainder of this section nor the application of the provision to other
persons or circumstances shall be affected.
(k) References.--A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Commissioner of the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), shall be deemed to refer to the Administrator of
the Administration for Community Living; and
(2) the Rehabilitation Services Administration (with regard to
functions transferred under subsection (b)), shall be deemed to
refer to the Administration for Community Living.
(l) Transition.--The Administrator of the Administration for
Community Living is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Rehabilitation Services Administration with regard
to functions transferred under subsection (b); and
(2) funds appropriated to such functions,
for such period of time as may reasonably be needed to facilitate the
orderly implementation of this section.
(m) Administration for Community Living.--
(1) Transfer of functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration
exercised before the effective date of this section (including all
related functions of any officer or employee of that
Administration) under the Assistive Technology Act of 1998 (29
U.S.C. 3001 et seq.).
(2) Administrative matters.--Subsections (d) through (l) shall
apply to transfers described in paragraph (1).
(n) National Institute on Disability, Independent Living, and
Rehabilitation Research.--
(1) Definitions.--For purposes of this subsection, unless
otherwise provided or indicated by the context--
(A) the term ``NIDILRR'' means the National Institute on
Disability, Independent Living, and Rehabilitation Research of
the Administration for Community Living of the Department of
Health and Human Services; and
(B) the term ``NIDRR'' means the National Institute on
Disability and Rehabilitation Research of the Office of Special
Education and Rehabilitative Services of the Department of
Education.
(2) Transfer of functions.--There are transferred to the
NIDILRR, all functions which the Director of the NIDRR exercised
before the effective date of this section (including all related
functions of any officer or employee of the NIDRR).
(3) Administrative matters.--
(A) In general.--Subsections (d) through (l) shall apply to
transfers described in paragraph (2).
(B) References.--For purposes of applying those subsections
under subparagraph (A), those subsections--
(i) shall apply to the NIDRR and the Director of the
NIDRR in the same manner and to the same extent as those
subsections apply to the Rehabilitation Services
Administration and the Commissioner of that Administration;
and
(ii) shall apply to the NIDILRR and the Director of the
NIDILRR in the same manner and to the same extent as those
subsections apply to the Administration for Community
Living and the Administrator of that Administration.
(o) References in Assistive Technology Act of 1998.--
(1) Secretary.--Section 3(13) of the Assistive Technology Act
of 1998 (29 U.S.C. 3002(13)) is amended by striking ``Education''
and inserting ``Health and Human Services''.
(2) National activities.--Section 6(d)(4) of the Assistive
Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by
striking ``Education'' and inserting ``Health and Human Services''.
(3) General administration.--Section 7 of the Assistive
Technology Act of 1998 (29 U.S.C. 3006) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``the Assistant
Secretary'' and all that follows through ``Rehabilitation
Services Administration,'' and inserting ``the
Administrator of the Administration for Community Living'';
(ii) in paragraph (2), by striking ``The Assistant
Secretary'' and all that follows and inserting ``The
Administrator of the Administration for Community Living
shall consult with the Office of Special Education Programs
of the Department of Education, the Rehabilitation Services
Administration of the Department of Education, the Office
of Disability Employment Policy of the Department of Labor,
the National Institute on Disability, Independent Living,
and Rehabilitation Research, and other appropriate Federal
entities in the administration of this Act.''; and
(iii) in paragraph (3), by striking ``the
Rehabilitation Services Administration'' and inserting
``the Administrator of the Administration for Community
Living''; and
(B) in subsection (c)(5), by striking ``Education'' and
inserting ``Health and Human Services''.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended--
(1) by striking the item relating to section 109 and inserting
the following:
``Sec. 109. Training and services for employers.'';
(2) by inserting after the item relating to section 112 the
following:
``Sec. 113. Provision of pre-employment transition services.'';
(3) by striking the item relating to section 202 and inserting
the following:
``Sec. 202. National Institute on Disability, Independent Living, and
Rehabilitation Research.'';
(4) by striking the item relating to section 205 and inserting
the following:
``Sec. 205. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
``Sec. 206. Definition of covered school.'';
(5) by striking the items relating to sections 304, 305, and
306 and inserting the following:
``Sec. 304. Measuring of project outcomes and performance.''.
(6) by inserting after the item relating to section 509 the
following:
``Sec. 511. Limitations on use of subminimum wage.'';
(7) by striking the items relating to title VI and inserting
the following:
``TITLE VI--EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
``Sec. 601. Short title.
``Sec. 602. Purpose.
``Sec. 603. Allotments.
``Sec. 604. Availability of services.
``Sec. 605. Eligibility.
``Sec. 606. State plan.
``Sec. 607. Restriction.
``Sec. 608. Savings provision.
``Sec. 609. Advisory Committee on Increasing Competitive Integrated
Employment for Individuals with Disabilities.
``Sec. 610. Authorization of appropriations.''; and
(8) in the items relating to title VII--
(A)(i) by inserting after the item relating to section 701
the following:
``Sec. 701A. Administration of the independent living program.'';
and
(ii) by striking the item relating to section 706 and
inserting the following:
``Sec. 706. Responsibilities of the Administrator.'';
(B) by inserting after the item relating to section 711 the
following:
``Sec. 711A. Training and technical assistance.'';
and
(C) by inserting after the item relating to section 751 the
following:
``Sec. 751A. Training and technical assistance.''.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
SEC. 501. PRIVACY.
(a) Section 444 of the General Education Provisions Act.--Nothing
in this Act (including the amendments made by this Act) shall be
construed to supersede the privacy protections afforded parents and
students under section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
(b) Prohibition on Development of National Database.--
(1) In general.--Nothing in this Act (including the amendments
made by this Act) shall be construed to permit the development of a
national database of personally identifiable information on
individuals receiving services under title I or under the
amendments made by title IV.
(2) Limitation.--Nothing in paragraph (1) shall be construed to
prevent the proper administration of national programs under
subtitles C and D of title I, or the amendments made by title IV
(as the case may be), or to carry out program management activities
consistent with title I or the amendments made by title IV (as the
case may be).
SEC. 502. BUY-AMERICAN REQUIREMENTS.
(a) Compliance With Buy American Act.--None of the funds made
available under title I or II or under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) may be expended by an entity unless the entity agrees that
in expending the funds the entity will comply with sections 8301
through 8303 of title 41, United States Code (commonly known as the
``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available under title I or II or under the Wagner-Peyser Act (29
U.S.C. 49 et seq.), it is the sense of Congress that entities
receiving the assistance should, in expending the assistance,
purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing financial
assistance using funds made available under title I or II or under
the Wagner-Peyser Act, the head of each Federal agency shall
provide to each recipient of the assistance a notice describing the
statement made in paragraph (1) by Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available
under title I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.), pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations, as such sections were in effect on August 7,
1998, or pursuant to any successor regulations.
SEC. 503. TRANSITION PROVISIONS.
(a) Workforce Development Systems and Investment Activities.--The
Secretary of Labor and the Secretary of Education shall take such
actions as the Secretaries determine to be appropriate to provide for
the orderly transition from any authority under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) to any authority under
subtitle A of title I. Such actions shall include the provision of
guidance related to unified State planning, combined State planning,
and the performance accountability system described in such subtitle.
(b) Workforce Investment Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the
Workforce Investment Act of 1998 to any authority under subtitles B
through E of title I.
(c) Adult Education and Literacy Programs.--The Secretary of
Education shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any authority
under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et
seq.), as in effect on the day before the date of enactment of this
Act, to any authority under the Adult Education and Family Literacy
Act, as amended by this Act.
(d) Employment Services Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), as in effect on the day before the
date of enactment of this Act, to any authority under the Wagner-Peyser
Act, as amended by this Act.
(e) Vocational Rehabilitation Programs.--The Secretary of Education
and the Secretary of Health and Human Services shall take such actions
as the Secretaries determine to be appropriate to provide for the
orderly transition from any authority under the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), as in effect on the day before the date
of enactment of this Act, to any authority under the Rehabilitation Act
of 1973, as amended by this Act.
(f) Regulations.--
(1) Proposed regulations.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Labor, the
Secretary of Education, and the Secretary of Health and Human
Services, as appropriate, shall develop and publish in the Federal
Register proposed regulations relating to the transition to, and
implementation of, this Act (including the amendments made by this
Act).
(2) Final regulations.--Not later than 18 months after the date
of enactment of this Act, the Secretaries described in paragraph
(1), as appropriate, shall develop and publish in the Federal
Register final regulations relating to the transition to, and
implementation of, this Act (including the amendments made by this
Act).
(g) Expenditure of Funds During Transition.--
(1) In general.--Subject to paragraph (2) and in accordance
with regulations developed under subsection (f), States, grant
recipients, administrative entities, and other recipients of
financial assistance under the Workforce Investment Act of 1998 may
expend funds received under such Act in order to plan and implement
programs and activities authorized under this Act.
(2) Additional requirements.--Not more than 2 percent of any
allotment to any State from amounts appropriated under the
Workforce Investment Act of 1998 for fiscal year 2014 may be made
available to carry out activities authorized under paragraph (1)
and not less than 50 percent of any amount used to carry out
activities authorized under paragraph (1) shall be made available
to local entities for the purposes of the activities described in
such paragraph.
SEC. 504. REDUCTION OF REPORTING BURDENS AND REQUIREMENTS.
In order to simplify reporting requirements and reduce reporting
burdens, the Secretary of Labor, the Secretary of Education, and the
Secretary of Health and Human Services shall establish procedures and
criteria under which a State board and local board may reduce reporting
burdens and requirements under this Act (including the amendments made
by this Act).
SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND STATE DATABASES
AND DATA EXCHANGE AGREEMENTS.
(a) In General.--The Comptroller General of the United States shall
prepare and submit an interim report and a final report to Congress
regarding existing Federal and State databases and data exchange
agreements, as of the date of the report, that contain job training
information relevant to the administration of programs authorized under
this Act and the amendments made by this Act.
(b) Requirements.--The report required under subsection (a) shall--
(1) list existing Federal and State databases and data exchange
agreements described in subsection (a) and, for each, describe--
(A) the purposes of the database or agreement;
(B) the data elements, such as wage and employment
outcomes, contained in the database or accessible under the
agreement;
(C) the data elements described in subparagraph (B) that
are shared between States;
(D) the Federal and State workforce training programs from
which each Federal and State database derives the data elements
described in subparagraph (B);
(E) the number and type of Federal and State agencies
having access to such data;
(F) the number and type of private research organizations
having access to, through grants, contracts, or other
agreements, such data; and
(G) whether the database or data exchange agreement
provides for opt-out procedures for individuals whose data is
shared through the database or data exchange agreement;
(2) study the effects that access by State workforce agencies
and the Secretary of Labor to the databases and data exchange
agreements described in subsection (a) would have on efforts to
carry out this Act and the amendments made by this Act, and on
individual privacy;
(3) explore opportunities to enhance the quality, reliability,
and reporting frequency of the data included in such databases and
data exchange agreements;
(4) describe, for each database or data exchange agreement
considered by the study described in subsection (a), the number of
individuals whose data is contained in each database or accessible
through the data agreement, and the specific data elements
contained in each that could be used to personally identify an
individual;
(5) include the number of data breaches having occurred since
2004 to data systems administered by Federal and State agencies;
(6) include the number of data breaches regarding any type of
personal data having occurred since 2004 to private research
organizations with whom Federal and State agencies contract for
studies; and
(7) include a survey of the security protocols used for
protecting personal data, including best practices shared amongst
States for access to, and administration of, data elements stored
and recommendations for improving security protocols for the safe
warehousing of data elements.
(c) Timing of Reports.--
(1) Interim report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare and
submit to Congress an interim report regarding the initial findings
of the report required under this section.
(2) Final report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall prepare and
submit to Congress the final report required under this section.
SEC. 506. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this
Act, including the amendments made by this Act, shall take effect on
the first day of the first full program year after the date of
enactment of this Act.
(b) Application Date for Workforce Development Performance
Accountability System.--
(1) In general.--Section 136 of the Workforce Investment Act of
1998 (29 U.S.C. 2871), as in effect on the day before the date of
enactment of this Act, shall apply in lieu of section 116 of this
Act, for the first full program year after the date of enactment of
this Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in section
136 of the Workforce Investment Act of 1998 to a provision in
such Act (29 U.S.C. 2801 et seq.), other than to a provision in
such section or section 112 of such Act, shall be deemed to
refer to the corresponding provision of this Act;
(B) the terms ``local area'', ``local board'', ``one-stop
partner'', and ``State board'' have the meanings given the
terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms used in
such section 136 shall have the meanings given the terms in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801);
(D) any agreement negotiated and reached under section
136(c)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2871(c)(2)) shall remain in effect, until a new agreement is so
negotiated and reached, for that first full program year;
(E) if a State or local area fails to meet levels of
performance under subsection (g) or (h), respectively, of
section 136 of the Workforce Investment Act of 1998 during that
first full program year, the sanctions provided under such
subsection shall apply during the second full program year
after the date of enactment of this Act; and
(F) the Secretary shall use an amount retained, as a result
of a reduction in an allotment to a State made under section
136(g)(1)(B) of such Act (29 U.S.C. 2871(g)(1)(B)), to provide
technical assistance as described in subsections (f)(1) and
(g)(1) of section 116 of this Act, in lieu of incentive grants
under section 503 of the Workforce Investment Act of 1998 (20
U.S.C. 9273) as provided in section 136(g)(2) of such Act (29
U.S.C. 2871(g)(2)).
(c) Application Date for State and Local Plan Provisions.--
(1) Implementation.--Sections 112 and 118 of the Workforce
Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect on the
day before the date of enactment of this Act, shall apply to
implementation of State and local plans, in lieu of sections 102
and 103, and section 108, respectively, of this Act, for the first
full program year after the date of enactment of this Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in section
112 or 118 of the Workforce Investment Act of 1998 to a
provision in such Act (29 U.S.C. 2801 et seq.), other than to a
provision in or to either such section or to section 136 of
such Act, shall be deemed to refer to the corresponding
provision of this Act;
(B) the terms ``local area'', ``local board'', ``one-stop
partner'', and ``State board'' have the meanings given the
terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms used in
such section 112 or 118 shall have the meanings given the terms
in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801); and
(D) section 112(b)(18)(D) of the Workforce Investment Act
of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not apply.
(3) Submission.--Sections 102, 103, and 108 of this Act shall
apply to plans for the second full program year after the date of
enactment, including the development, submission, and approval of
such plans during the first full program year after such date.
(d) Disability Provisions.--Except as otherwise provided in title
IV of this Act, title IV, and the amendments made by title IV, shall
take effect on the date of enactment of this Act.
Subtitle B--Amendments to Other Laws
SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT OF 1998.
(a) Workforce Investment Act of 1998.--The Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.) is repealed.
(b) Grants to States for Workplace and Community Transition
Training for Incarcerated Individuals.--Section 821 of the Higher
Education Amendments of 1998 (20 U.S.C. 1151) is repealed.
SEC. 512. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 414(c)(3)(C) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) is amended by
striking ``entities involved in administering the workforce investment
system established under title I of the Workforce Investment Act of
1998'' and inserting ``entities involved in administering the workforce
development system, as defined in section 3 of the Workforce Innovation
and Opportunity Act''.
(b) Assistive Technology Act of 1998.--The Assistive Technology Act
of 1998 (29 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is
amended by striking ``such as a one-stop partner, as defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801)'' and inserting ``such as a one-stop partner, as defined in
section 3 of the Workforce Innovation and Opportunity Act''.
(2) Section 4 of such Act (29 U.S.C. 3003) is amended--
(A) in subsection (c)(2)(B)(i)(IV), by striking ``a
representative of the State workforce investment board
established under section 111 of the Workforce Investment Act
of 1998 (29 U.S.C. 2821)'' and inserting ``a representative of
the State workforce development board established under section
101 of the Workforce Innovation and Opportunity Act''; and
(B) in subsection (e)--
(i) in paragraph (2)(D)(i), by striking ``such as one-
stop partners, as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801),'' and inserting
``such as one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act,''; and
(ii) in paragraph (3)(B)(ii)(I)(aa), by striking ``with
entities in the statewide and local workforce investment
systems established under the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.),'' and inserting ``with
entities in the statewide and local workforce development
systems established under the Workforce Innovation and
Opportunity Act,''.
(c) Alaska Natural Gas Pipeline Act.--Section 113(a)(2) of the
Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is amended by
striking ``consistent with the vision and goals set forth in the State
of Alaska Unified Plan, as developed pursuant to the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``consistent with the vision and goals set forth in the State of Alaska
unified plan or combined plan, as appropriate, as developed pursuant to
section 102 or 103, as appropriate, of the Workforce Innovation and
Opportunity Act''.
(d) Atomic Energy Defense Act.--Section 4604(c)(6)(A) of the Atomic
Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is amended by striking
``programs carried out by the Secretary of Labor under the Job Training
Partnership Act or title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``programs carried out by the
Secretary of Labor under title I of the Workforce Innovation and
Opportunity Act''.
(e) Carl D. Perkins Career and Technical Education Act of 2006.--
The Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) is amended as follows:
(1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2)) is
amended--
(A) in the paragraph heading, by striking ``Public law 105-
220'' and inserting ``Workforce innovation and opportunity
act''; and
(B) by striking ``functions and activities carried out
under Public Law 105-220'' and inserting ``functions and
activities carried out under the Workforce Innovation and
Opportunity Act''.
(2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4)) is
amended--
(A) in subparagraph (A), by striking ``activities
undertaken by the State boards under section 111 of Public Law
105-220'' and inserting ``activities undertaken by the State
boards under section 101 of the Workforce Innovation and
Opportunity Act''; and
(B) in subparagraph (B), by striking ``the service delivery
system under section 121 of Public Law 105-220'' and inserting
``the one-stop delivery system under section 121 of the
Workforce Innovation and Opportunity Act''.
(3) Section 122 of such Act (20 U.S.C. 2342) is amended--
(A) in subsection (b)(1)(A)(viii), by striking ``entities
participating in activities described in section 111 of Public
Law 105-220'' and inserting ``entities participating in
activities described in section 101 of the Workforce Innovation
and Opportunity Act'';
(B) in subsection (c)(20), by striking ``the description
and information specified in sections 112(b)(8) and 121(c) of
Public Law 105-220 concerning the provision of services only
for postsecondary students and school dropouts'' and inserting
``the description and information specified in subparagraphs
(B) and (C)(iii) of section 102(b)(2), and, as appropriate,
section 103(b)(3)(A), and section 121(c), of the Workforce
Innovation and Opportunity Act concerning the provision of
services only for postsecondary students and school dropouts'';
and
(C) in subsection (d)(2)--
(i) in the paragraph heading, by striking ``501 plan''
and inserting ``combined plan''; and
(ii) by striking ``as part of the plan submitted under
section 501 of Public Law 105-220'' and inserting ``as part
of the plan submitted under section 103 of the Workforce
Innovation and Opportunity Act''.
(4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13)) is
amended by striking ``such as through referral to the system
established under section 121 of Public Law 105-220'' and inserting
``such as through referral to the system established under section
121 of the Workforce Innovation and Opportunity Act''.
(5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5)) is
amended by striking ``entities participating in activities
described in section 117 of Public Law 105-220 (if applicable)''
and inserting ``entities participating in activities described in
section 107 of the Workforce Innovation and Opportunity Act (if
applicable)''.
(6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16)) is
amended by striking ``such as through referral to the system
established under section 121 of Public Law 105-220 (29 U.S.C. 2801
et seq.)'' and inserting ``such as through referral to the system
established under section 121 of the Workforce Innovation and
Opportunity Act''.
(7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1)) is
amended by striking ``Chapters 4 and 5 of subtitle B of title I of
Public Law 105-220'' and inserting ``Chapters 2 and 3 of subtitle B
of title I of the Workforce Innovation and Opportunity Act''.
(f) Community Services Block Grant Act.--Section 676(b)(5) of the
Community Services Block Grant Act (42 U.S.C. 9908(b)(5)) is amended by
striking ``the eligible entities will coordinate the provision of
employment and training activities, as defined in section 101 of such
Act, in the State and in communities with entities providing activities
through statewide and local workforce investment systems under the
Workforce Investment Act of 1998'' and inserting ``the eligible
entities will coordinate the provision of employment and training
activities, as defined in section 3 of the Workforce Innovation and
Opportunity Act, in the State and in communities with entities
providing activities through statewide and local workforce development
systems under such Act''.
(g) Compact of Free Association Amendments Act of 2003.--The
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et
seq.) is amended as follows:
(1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C.
1921d(f)(1)(B)(iii)) is amended by striking ``title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), other
than subtitle C of that Act (29 U.S.C. 2881 et seq.) (Job Corps),
title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et
seq.; commonly known as the Adult Education and Family Literacy
Act),'' and inserting ``titles I (other than subtitle C) and II of
the Workforce Innovation and Opportunity Act,''.
(2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is amended
by striking ``subtitle C of title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps)'' and
inserting ``subtitle C of title I of the Workforce Innovation and
Opportunity Act (relating to Job Corps)''.
(h) Domestic Volunteer Service Act of 1973.--Section 103(d) of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended
by striking ``employment.'' and all that follows and inserting the
following: ``employment. Whenever feasible, such efforts shall be
coordinated with an appropriate local workforce development board
established under section 107 of the Workforce Innovation and
Opportunity Act.''.
(i) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
as follows:
(1) Section 1203(c)(2)(A) of such Act (20 U.S.C. 6363(c)(2)(A))
is amended--
(A) by striking ``, in consultation with the National
Institute for Literacy,''; and
(B) by striking clause (ii); and
(C) by redesignating clauses (iii) and (iv) as clauses (ii)
and (iii), respectively.
(2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B)) is
amended by striking ``any relevant programs under the Adult
Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce Investment
Act of 1998'' and inserting ``any relevant programs under the Adult
Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce Innovation
and Opportunity Act''.
(3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is amended
by striking ``a description of how the program under this subpart
will be coordinated with other Federal, State, and local programs,
such as programs under title I of Public Law 105-220'' and
inserting ``a description of how the program under this subpart
will be coordinated with other Federal, State, and local programs,
such as programs under title I of the Workforce Innovation and
Opportunity Act''.
(4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is amended
by striking ``coordinate funds received under this subpart with
other local, State, and Federal funds available to provide services
to participating children and youth, such as funds made available
under title I of Public Law 105-220,'' and inserting ``coordinate
funds received under this subpart with other local, State, and
Federal funds available to provide services to participating
children and youth, such as funds made available under title I of
the Workforce Innovation and Opportunity Act,''.
(5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H)) is
amended by striking ``the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``the Workforce Innovation and
Opportunity Act''.
(j) Environmental Programs Assistance Act of 1984.--Section 2(a) of
the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a))
is amended by striking ``Funding for such grants or agreements may be
made available from such programs or through title V of the Older
Americans Act of 1965 and subtitle D of title I of the Workforce
Investment Act of 1998'' and inserting ``Funding for such grants or
agreements may be made available from such programs or through title V
of the Older Americans Act of 1965 and subtitle D of title I of the
Workforce Innovation and Opportunity Act''.
(k) Energy Conservation and Production Act.--Section 414(b)(3) of
the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is
amended by striking ``securing, to the maximum extent practicable, the
services of volunteers and training participants and public service
employment workers, pursuant to title I of the Workforce Investment Act
of 1998'' and inserting ``securing, to the maximum extent practicable,
the services of volunteers and training participants and public service
employment workers, pursuant to title I of the Workforce Innovation and
Opportunity Act''.
(l) Food and Nutrition Act of 2008.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended as follows:
(1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended by
striking ``Notwithstanding section 181(a)(2) of the Workforce
Investment Act of 1998, earnings to individuals participating in
on-the-job-training under title I of the Workforce Investment Act
of 1998'' and inserting ``Notwithstanding section 181(a)(2) of the
Workforce Innovation and Opportunity Act, earnings to individuals
participating in on-the-job training under title I of such Act''.
(2) Section 6 of such Act (7 U.S.C. 2015) is amended--
(A) in subsection (d)(4)(M), by striking ``activities under
title I of the Workforce Investment Act of 1998'' and inserting
``activities under title I of the Workforce Innovation and
Opportunity Act'';
(B) in subsection (e)(3)(A), by striking ``a program under
title I of the Workforce Investment Act of 1998'' and inserting
``a program under title I of the Workforce Innovation and
Opportunity Act''; and
(C) in subsection (o)(1)(A), by striking ``a program under
the title I of the Workforce Investment Act of 1998'' and
inserting ``a program under title I of the Workforce Innovation
and Opportunity Act''.
(3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is
amended by striking ``a program carried out under title I of the
Workforce Investment Act of 1998'' and inserting ``a program
carried out under title I of the Workforce Innovation and
Opportunity Act''.
(m) Full Employment and Balanced Growth Act of 1978.--Section 206
of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116)
is amended--
(1) in subsection (b), in the matter preceding paragraph (1),
by striking ``the Secretary of Labor shall, as appropriate, fully
utilize the authority provided under the Job Training Partnership
Act and title I of the Workforce Investment Act of 1998'' and
inserting ``the Secretary of Labor shall, as appropriate, fully
utilize the authority provided under title I of the Workforce
Innovation and Opportunity Act''; and
(2) in subsection (c)(1), by striking ``the President shall, as
may be authorized by law, establish reservoirs of public employment
and private nonprofit employment projects, to be approved by the
Secretary of Labor, through expansion of title I of the Workforce
Investment Act of 1998'' and inserting ``the President shall, as
may be authorized by law, establish reservoirs of public employment
and private nonprofit employment projects, to be approved by the
Secretary of Labor, through expansion of activities under title I
of the Workforce Innovation and Opportunity Act''.
(n) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended as follows:
(1) Section 418A of such Act (20 U.S.C. 1070d-2) is amended--
(A) in subsection (b)(1)(B)(ii), by striking ``section 167
of the Workforce Investment Act of 1998'' and inserting
``section 167 of the Workforce Innovation and Opportunity
Act''; and
(B) in subsection (c)(1)(A), by striking ``section 167 of
the Workforce Investment Act of 1998'' and inserting ``section
167 of the Workforce Innovation and Opportunity Act''.
(2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1)) is
amended by striking ``The term `dislocated worker' has the meaning
given the term in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)'' and inserting ``The term `dislocated
worker' has the meaning given the term in section 3 of the
Workforce Innovation and Opportunity Act''.
(3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is
amended by striking ``a dislocated worker (as defined in section
101 of the Workforce Investment Act of 1998)'' and inserting ``a
dislocated worker (as defined in section 3 of the Workforce
Innovation and Opportunity Act)''.
(4) Section 480(b)(1)(I) of such Act (20 U.S.C.
1087vv(b)(1)(I)) is amended by striking ``benefits received through
participation in employment and training activities under title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``benefits received through participation in
employment and training activities under title I of the Workforce
Innovation and Opportunity Act''.
(5) Section 803 of such Act (20 U.S.C. 1161c) is amended--
(A) in subsection (i)(1), by striking ``for changes to this
Act and related Acts, such as the Carl D. Perkins Career and
Technical Education Act of 2006 and the Workforce Investment
Act of 1998 (including titles I and II), to help create and
sustain business and industry workforce partnerships at
institutions of higher education'' and inserting ``for changes
to this Act and related Acts, such as the Carl D. Perkins
Career and Technical Education Act of 2006 and the Workforce
Innovation and Opportunity Act (including titles I and II), to
help create and sustain business and industry workforce
partnerships at institutions of higher education''; and
(B) in subsection (j)(1)--
(i) in subparagraph (A)(ii), by striking ``local board
(as such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting
``local board (as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act)''; and
(ii) in subparagraph (B), by striking ``a State board
(as such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting
``a State board (as such term is defined in section 3 of
the Workforce Innovation and Opportunity Act)''.
(6) Section 861(c)(1)(B) of such Act (20 U.S.C. 1161q(c)(1)(B))
is amended by striking ``local boards (as such term is defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801))'' and inserting ``local boards (as such term is defined in
section 3 of the Workforce Innovation and Opportunity Act)''.
(7) Section 872(b)(2)(E) of such Act (20 U.S.C. 1161s(b)(2)(E))
is amended by striking ``local boards (as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801))'' and
inserting ``local boards (as defined in section 3 of the Workforce
Innovation and Opportunity Act)''.
(o) Housing Act of 1949.--Section 504(c)(3) of the Housing Act of
1949 (42 U.S.C. 1474(c)(3)) is amended by striking ``an insufficient
number of volunteers and training participants and public service
employment workers, assisted pursuant to title I of the Workforce
Investment Act of 1998 or the Older American Community Service
Employment Act,'' and inserting ``an insufficient number of volunteers
and training participants and public service employment workers,
assisted pursuant to title I of the Workforce Innovation and
Opportunity Act or the Community Service Senior Opportunities Act,''.
(p) Housing and Urban Development Act of 1968.--Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)(B)(iii), by striking ``participants in
YouthBuild programs receiving assistance under section 173A of
the Workforce Investment Act of 1998'' and inserting
``participants in YouthBuild programs receiving assistance
under section 171 of the Workforce Innovation and Opportunity
Act''; and
(B) in paragraph (2)(B), by striking ``participants in
YouthBuild programs receiving assistance under section 173A of
the Workforce Investment Act of 1998'' and inserting
``participants in YouthBuild programs receiving assistance
under section 171 of the Workforce Innovation and Opportunity
Act''; and
(2) in subsection (d)--
(A) in paragraph (1)(B)(iii), by striking ``To YouthBuild
programs receiving assistance under section 173A of the
Workforce Investment Act of 1998'' and inserting ``To
YouthBuild programs receiving assistance under section 171 of
the Workforce Innovation and Opportunity Act''; and
(B) in paragraph (2)(B), by striking ``to YouthBuild
programs receiving assistance under section 173A of the
Workforce Investment Act of 1998'' and inserting ``to
YouthBuild programs receiving assistance under section 171 of
the Workforce Innovation and Opportunity Act''.
(q) Immigration and Nationality Act.--Section 245A(h)(4)(F) of the
Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by
striking ``Title I of the Workforce Investment Act of 1998'' and
inserting ``Title I of the Workforce Innovation and Opportunity Act''.
(r) Internal Revenue Code of 1986.--Section 7527(e)(2) of the
Internal Revenue Code of 1986 is amended by inserting ``(as in effect
on the day before the date of enactment of the Workforce Innovation and
Opportunity Act)'' after ``of 1998''.
(s) McKinney-Vento Homeless Assistance Act.--Section 103(c)(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(c)(2)) is
amended by striking ``a homeless individual shall be eligible for
assistance under title I of the Workforce Investment Act of 1998'' and
inserting ``a homeless individual shall be eligible for assistance
under title I of the Workforce Innovation and Opportunity Act''.
(t) Museum and Library Services Act.--The Museum and Library
Services Act (20 U.S.C. 9101 et seq.) is amended as follows:
(1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is
amended by striking ``activities under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.) (including activities under
section 134(c) of such Act) (29 U.S.C. 2864(c))'' and inserting
``activities under the Workforce Innovation and Opportunity Act
(including activities under section 121(e) of such Act))''.
(2) Section 224(b)(6)(C) of such Act (20 U.S.C. 9134(b)(6)(C))
is amended--
(A) in clause (i), by striking ``the activities carried out
by the State workforce investment board under section 111(d) of
the Workforce Investment Act of 1998 (29 U.S.C. 2821(d))'' and
inserting ``the activities carried out by the State workforce
development board under section 101 of the Workforce Innovation
and Opportunity Act''; and
(B) in clause (ii), by striking ``the State's one-stop
delivery system established under section 134(c) of such Act
(29 U.S.C. 2864(c))'' and inserting ``the State's one-stop
delivery system established under section 121(e) of such Act''.
(u) National and Community Service Act of 1990.--The National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as
follows:
(1) Section 112(a)(3)(B) of such Act (42 U.S.C. 12523(a)(3)(B))
is amended by striking ``or who may participate in a Youthbuild
program under section 173A of the Workforce Investment Act of 1998
(29 U.S.C. 2918a)'' and inserting ``or who may participate in a
Youthbuild program under section 171 of the Workforce Innovation
and Opportunity Act''.
(2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is
amended by striking ``coordinated with activities supported with
assistance made available under programs administered by the heads
of such agencies (including title I of the Workforce Investment Act
of 1998)'' and inserting ``coordinated with activities supported
with assistance made available under programs administered by the
heads of such agencies (including title I of the Workforce
Innovation and Opportunity Act)''.
(v) National Energy Conservation Policy Act.--Section 233 of the
National Energy Conservation and Policy Act (42 U.S.C. 6873) is
amended, in the matter preceding paragraph (1), by striking ``a
sufficient number of volunteers and training participants and public
service employment workers, assisted pursuant to title I of the
Workforce Investment Act of 1998 and the Older American Community
Service Employment Act'' and inserting ``a sufficient number of
volunteers and training participants and public service employment
workers, assisted pursuant to title I of the Workforce Innovation and
Opportunity Act and the Community Service Senior Opportunities Act''.
(w) Older Americans Act of 1965.--The Older Americans Act of 1965
(42 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 203 of such Act (42 U.S.C. 3013) is amended--
(A) in subsection (a)(2), by striking ``In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out title I of the Workforce
Investment Act of 1998'' and inserting ``In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out title I of the Workforce
Innovation and Opportunity Act''; and
(B) in subsection (b)(1), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting ``title I of
the Workforce Innovation and Opportunity Act''.
(2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12)) is
amended by striking ``including programs carried out under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and
inserting ``including programs carried out under the Workforce
Innovation and Opportunity Act''.
(3) Section 502 of such Act (42 U.S.C. 3056) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (H), by striking ``will
coordinate activities with training and other services
provided under title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), including utilizing
the one-stop delivery system of the local workforce
investment areas involved'' and inserting ``will
coordinate activities with training and other services
provided under title I of the Workforce Innovation and
Opportunity Act, including utilizing the one-stop
delivery system of the local workforce development
areas involved'';
(II) in subparagraph (O)--
(aa) by striking ``through the one-stop
delivery system of the local workforce investment
areas involved as established under section 134(c)
of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)),'' and inserting ``through the one-stop
delivery system of the local workforce development
areas involved as established under section 121(e)
of the Workforce Innovation and Opportunity Act,'';
and
(bb) by striking ``and will be involved in the
planning and operations of such system pursuant to
a memorandum of understanding with the local
workforce investment board in accordance with
section 121(c) of such Act (29 U.S.C. 2841(c))''
and inserting ``and will be involved in the
planning and operations of such system pursuant to
a memorandum of understanding with the local
workforce development board in accordance with
section 121(c) of such Act''; and
(III) in subparagraph (Q)--
(aa) in clause (i), by striking ``paragraph
(8), relating to coordination with other Federal
programs, of section 112(b) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b))'' and
inserting ``clauses (ii) and (viii) of paragraph
(2)(B), relating to coordination with other Federal
programs, of section 102(b) of the Workforce
Innovation and Opportunity Act''; and
(bb) in clause (ii), by striking ``paragraph
(14), relating to implementation of one-stop
delivery systems, of section 112(b) of the
Workforce Investment Act of 1998'' and inserting
``paragraph (2)(C)(i), relating to implementation
of one-stop delivery systems, of section 102(b) of
the Workforce Innovation and Opportunity Act''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``An
assessment and service strategy required by paragraph
(1)(N) to be prepared for an eligible individual shall
satisfy any condition for an assessment and service
strategy or individual employment plan for an adult
participant under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.), in order to determine whether such eligible
individual also qualifies for intensive or training
services described in section 134(d) of such Act (29
U.S.C. 2864(d)).'' and inserting ``An assessment and
service strategy required by paragraph (1)(N) to be
prepared for an eligible individual shall satisfy any
condition for an assessment and service strategy or
individual employment plan for an adult participant
under subtitle B of title I of the Workforce Innovation
and Opportunity Act, in order to determine whether such
eligible individual also qualifies for career or
training services described in section 134(c) of such
Act.''; and
(II) in subparagraph (B)--
(aa) in the subparagraph heading, by striking
``workforce investment act of 1998'' and inserting
``workforce innovation and opportunity act''; and
(bb) by striking ``An assessment and service
strategy or individual employment plan prepared
under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)''
and inserting ``An assessment and service strategy
or individual employment plan prepared under
subtitle B of title I of the Workforce Innovation
and Opportunity Act''; and
(B) in subsection (e)(2)(B)(ii), by striking ``one-stop
delivery systems established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``one-stop delivery systems established under section 121(e) of
the Workforce Innovation and Opportunity Act''.
(4) Section 503 of such Act (42 U.S.C. 3056a) is amended--
(A) in subsection (a)--
(i) in paragraph (2)(A), by striking ``the State and
local workforce investment boards established under title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``the State and local workforce
development boards established under title I of the
Workforce Innovation and Opportunity Act''; and
(ii) in paragraph (4)(F), by striking ``plans for
facilitating the coordination of activities of grantees in
the State under this title with activities carried out in
the State under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.)'' and inserting ``plans for
facilitating the coordination of activities of grantees in
the State under this title with activities carried out in
the State under title I of the Workforce Innovation and
Opportunity Act''; and
(B) in subsection (b)(2)(A), by striking ``with the program
carried out under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``with the program carried
out under the Workforce Innovation and Opportunity Act''.
(5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act is
amended by striking ``activities carried out under other Acts,
especially activities provided under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), including activities provided
through one-stop delivery systems established under section 134(c))
of such Act (29 U.S.C. 2864(c)),'' and inserting ``activities
carried out under other Acts, especially activities provided under
the Workforce Innovation and Opportunity Act, including activities
provided through one-stop delivery systems established under
section 121(e) of such Act,''.
(6) Section 510 of such Act (42 U.S.C. 3056h) is amended--
(A) by striking ``by local workforce investment boards and
one-stop operators established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``by local workforce development boards and one-stop operators
established under title I of the Workforce Innovation and
Opportunity Act''; and
(B) by striking ``such title I'' and inserting ``such
title''.
(7) Section 511 of such Act (42 U.S.C. 3056i) is amended--
(A) in subsection (a), by striking ``Grantees under this
title shall be one-stop partners as described in subparagraphs
(A) and (B)(vi) of section 121(b)(1) of the Workforce
Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop
delivery system established under section 134(c) of such Act
(29 U.S.C. 2864(c)) for the appropriate local workforce
investment areas'' and inserting ``Grantees under this title
shall be one-stop partners as described in subparagraphs (A)
and (B)(v) of section 121(b)(1) of the Workforce Innovation and
Opportunity Act in the one-stop delivery system established
under section 121(e) of such Act for the appropriate local
workforce development areas''; and
(B) in subsection (b)(2), by striking ``be signatories of
the memorandum of understanding established under section
121(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(c))'' and inserting ``be signatories of the memorandum of
understanding established under section 121(c) of the Workforce
Innovation and Opportunity Act''.
(8) Section 518(b)(2)(F) of such Act (42 U.S.C. 3056p(b)(2)(F))
is amended by striking ``has failed to find employment after
utilizing services provided under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``has failed to find employment after utilizing services provided
under title I of the Workforce Innovation and Opportunity Act''.
(x) Personal Responsibility and Work Opportunity Reconciliation Act
of 1996.--Section 403(c)(2)(K) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is
amended by striking ``Benefits under the title I of the Workforce
Investment Act of 1998'' and inserting ``Benefits under title I of the
Workforce Innovation and Opportunity Act''.
(y) Patient Protection and Affordable Care Act.--Section
5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42
U.S.C. 294q(d)(3)(D)) is amended by striking ``other health care
workforce programs, including those supported through the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.),'' and inserting
``other health care workforce programs, including those supported
through the Workforce Innovation and Opportunity Act,''.
(z) Public Health Service Act.--The Public Health Service Act (42
U.S.C. 201 et seq.) is amended as follows:
(1) Section 399V(e) of such Act (42 U.S.C. 280g-11(e)) is
amended by striking ``one-stop delivery systems under section
134(c) of the Workforce Investment Act of 1998'' and inserting
``one-stop delivery systems under section 121(e) of the Workforce
Innovation and Opportunity Act''.
(2) Section 751(c)(1)(A) of such Act (42 U.S.C. 294a(c)(1)(A))
is amended by striking ``the applicable one-stop delivery system
under section 134(c) of the Workforce Investment Act of 1998,'' and
inserting ``the applicable one-stop delivery system under section
121(e) of the Workforce Innovation and Opportunity Act,''.
(3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is
amended by striking ``one-stop delivery system described in section
134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c))'' and inserting ``one-stop delivery system described in
section 121(e) of the Workforce Innovation and Opportunity Act''.
(aa) Runaway and Homeless Youth Act.--Section 322(a)(7) of the
Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(7)) is amended by
striking ``(including services and programs for youth available under
the Workforce Investment Act of 1998)'' and inserting ``(including
services and programs for youth available under the Workforce
Innovation and Opportunity Act)''.
(bb) Second Chance Act of 2007.--The Second Chance Act of 2007 (42
U.S.C. 17501 et seq.) is amended as follows:
(1) Section 212 of such Act (42 U.S.C. 17532) is amended--
(A) in subsection (c)(1)(B), by striking ``in coordination
with the one-stop partners and one-stop operators (as such
terms are defined in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801)) that provide services at any
center operated under a one-stop delivery system established
under section 134(c) of the Workforce Investment Act of 1998
(29 U.S.C. 2864(c)),'' and inserting ``in coordination with the
one-stop partners and one-stop operators (as such terms are
defined in section 3 of the Workforce Innovation and
Opportunity Act) that provide services at any center operated
under a one-stop delivery system established under section
121(e) of the Workforce Innovation and Opportunity Act,''; and
(B) in subsection (d)(1)(B)(iii), by striking ``the local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998 (29 U.S.C. 2832)),'' and
inserting ``the local workforce development boards established
under section 107 of the Workforce Innovation and Opportunity
Act,''.
(2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is amended
by striking ``the one-stop partners and one-stop operators (as such
terms are defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)) that provide services at any center operated
under a one-stop delivery system established under section 134(c)
of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))'' and
inserting ``the one-stop partners and one-stop operators (as such
terms are defined in section 3 of the Workforce Innovation and
Opportunity Act) that provide services at any center operated under
a one-stop delivery system established under section 121(e) of the
Workforce Innovation and Opportunity Act''.
(cc) Small Business Act.--Section 7(j)(13)(E) of the Small Business
Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ``an institution
eligible to provide skills training or upgrading under title I of the
Workforce Investment Act of 1998'' and inserting ``an institution
eligible to provide skills training or upgrading under title I of the
Workforce Innovation and Opportunity Act''.
(dd) Social Security Act.--The Social Security Act (42 U.S.C. 301
et seq.) is amended as follows:
(1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is
amended--
(A) in subparagraph (A)(vii)(I), by striking ``chief
elected official (as defined in section 101 of the Workforce
Investment Act of 1998)'' and inserting ``chief elected
official (as defined in section 3 of the Workforce Innovation
and Opportunity Act)''; and
(B) in subparagraph (D)(ii), by striking ``local workforce
investment board established for the service delivery area
pursuant to title I of the Workforce Investment Act of 1998, as
appropriate'' and inserting ``local workforce development board
established for the local workforce development area pursuant
to title I of the Workforce Innovation and Opportunity Act, as
appropriate''.
(2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b-
19(f)(1)(B)) is amended by striking ``a one-stop delivery system
established under subtitle B of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2811 et seq.)'' and inserting ``a one-stop
delivery system established under section 121(e) of the Workforce
Innovation and Opportunity Act''.
(3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b-20(a)(3))
is amended by striking ``a one-stop delivery system established
under subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.)'' and inserting ``a one-stop delivery
system established under section 121(e) of the Workforce Innovation
and Opportunity Act''.
(4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is
amended--
(A) in paragraph (2)(B), by striking ``the State workforce
investment board established under section 111 of the Workforce
Investment Act of 1998'' and inserting ``the State workforce
development board established under section 101 of the
Workforce Innovation and Opportunity Act''; and
(B) in paragraph (4)(A), by striking ``a local workforce
investment board established under section 117 of the Workforce
Investment Act of 1998,'' and inserting ``a local workforce
development board established under section 107 of the
Workforce Innovation and Opportunity Act,''.
(ee) Title 18 of the United States Code.--Section 665 of title 18
of the United States Code is amended--
(1) in subsection (a), by striking ``Whoever, being an officer,
director, agent, or employee of, or connected in any capacity with
any agency or organization receiving financial assistance or any
funds under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998'' and inserting ``Whoever, being
an officer, director, agent, or employee of, or connected in any
capacity with any agency or organization receiving financial
assistance or any funds under title I of the Workforce Innovation
and Opportunity Act or title I of the Workforce Investment Act of
1998'';
(2) in subsection (b), by striking ``a contract of employment
in connection with a financial assistance agreement or contract
under the Job Training Partnership Act or title I of the Workforce
Investment Act of 1998'' and inserting ``a contract of employment
in connection with a financial assistance agreement or contract
under title I of the Workforce Innovation and Opportunity Act or
title I of the Workforce Investment Act of 1998''; and
(3) in subsection (c), by striking ``Whoever willfully
obstructs or impedes or willfully endeavors to obstruct or impede,
an investigation or inquiry under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998,'' and inserting
``Whoever willfully obstructs or impedes or willfully endeavors to
obstruct or impede, an investigation or inquiry under title I of
the Workforce Innovation and Opportunity Act or title I of the
Workforce Investment Act of 1998,''.
(ff) Title 31 of the United States Code.--Section 6703(a)(4) of
title 31 of the United States Code is amended by striking ``Programs
under title I of the Workforce Investment Act of 1998.'' and inserting
``Programs under title I of the Workforce Innovation and Opportunity
Act.''.
(gg) Title 38 of the United States Code.--Title 38 of the United
States Code is amended as follows:
(1) Section 4101(9) of title 38 of the United States Code is
amended by striking ``The term `intensive services' means local
employment and training services of the type described in section
134(d)(3) of the Workforce Investment Act of 1998'' and inserting
``The term `career services' means local employment and training
services of the type described in section 134(c)(2) of the
Workforce Innovation and Opportunity Act''.
(2) Section 4102A of title 38 of the United States Code is
amended--
(A) in subsection (d), by striking ``participation of
qualified veterans and eligible persons in employment and
training opportunities under title I of the Workforce
Investment Act of 1998'' and inserting ``participation of
qualified veterans and eligible persons in employment and
training opportunities under title I of the Workforce
Innovation and Opportunity Act''; and
(B) in subsection (f)(2)(A), by striking ``be consistent
with State performance measures applicable under section 136(b)
of the Workforce Investment Act of 1998'' and inserting ``be
consistent with State performance accountability measures
applicable under section 116(b) of the Workforce Innovation and
Opportunity Act''.
(3) Section 4104A of title 38 of the United States Code is
amended--
(A) in subsection (b)(1)(B), by striking ``the appropriate
State boards and local boards (as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801))'' and inserting ``the appropriate State boards and local
boards (as such terms are defined in section 3 of the Workforce
Innovation and Opportunity Act)''; and
(B) in subsection (c)(1)(A), by striking ``the appropriate
State boards and local boards (as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801))'' and inserting ``the appropriate State boards and local
boards (as such terms are defined in section 3 of the Workforce
Innovation and Opportunity Act)''.
(4) Section 4110B of title 38 of the United States Code is
amended by striking ``enter into an agreement with the Secretary
regarding the implementation of the Workforce Investment Act of
1998 that includes the description and information described in
paragraphs (8) and (14) of section 112(b) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b))'' and inserting ``enter
into an agreement with the Secretary regarding the implementation
of the Workforce Innovation and Opportunity Act that includes the
descriptions described in sections 102(b)(2)(B)(ii) and
103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a
description of how the State board will carry out the activities
described in section 101(d)(3)(F) of such Act''.
(5) Section 4213(a)(4) of title 38 of the United States Code is
amended by striking ``Any employment or training program carried
out under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``Any employment or training
program carried out under title I of the Workforce Innovation and
Opportunity Act''.
(hh) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C. 2101 et
seq.) is amended as follows:
(1) Section 221(a) of such Act (19 U.S.C. 2271) is amended--
(A) in paragraph (1)(C)--
(i) by striking ``, one-stop operators or one-stop
partners (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)) including State
employment security agencies,'' and inserting ``, one-stop
operators or one-stop partners (as defined in section 3 of
the Workforce Innovation and Opportunity Act) including
State employment security agencies,''; and
(ii) by striking ``or the State dislocated worker unit
established under title I of such Act,'' and inserting ``or
a State dislocated worker unit,''; and
(B) in subsection (a)(2)(A), by striking ``rapid response
activities and appropriate core and intensive services (as
described in section 134 of the Workforce Investment Act of
1998 (29 U.S.C. 2864)) authorized under other Federal laws''
and inserting ``rapid response activities and appropriate
career services (as described in section 134 of the Workforce
Innovation and Opportunity Act) authorized under other Federal
laws''.
(2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C.
2272(d)(2)(A)(iv)) is amended by striking ``one-stop operators or
one-stop partners (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting ``one-stop
operators or one-stop partners (as defined in section 3 of the
Workforce Innovation and Opportunity Act)''.
(3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5)) is
amended--
(A) in subparagraph (B), by striking ``any training program
provided by a State pursuant to title I of the Workforce
Investment Act of 1998'' and inserting ``any training program
provided by a State pursuant to title I of the Workforce
Innovation and Opportunity Act''; and
(B) in the flush text following subparagraph (H), by
striking ``The Secretary may not limit approval of a training
program under paragraph (1) to a program provided pursuant to
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.).'' and inserting ``The Secretary may not limit
approval of a training program under paragraph (1) to a program
provided pursuant to title I of the Workforce Innovation and
Opportunity Act.''.
(4) Section 239 of such Act (19 U.S.C. 2311) is amended--
(A) in subsection (f), by striking ``Any agreement entered
into under this section shall provide for the coordination of
the administration of the provisions for employment services,
training, and supplemental assistance under sections 235 and
236 of this Act and under title I of the Workforce Investment
Act of 1998'' and inserting ``Any agreement entered into under
this section shall provide for the coordination of the
administration of the provisions for employment services,
training, and supplemental assistance under sections 235 and
236 of this Act and under title I of the Workforce Innovation
and Opportunity Act''; and
(B) in subsection (h), by striking ``the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2822(b))'' and inserting ``the descriptions described in
sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce
Innovation and Opportunity Act, a description of how the State
board will carry out the activities described in section
101(d)(3)(F) of such Act,''.
(ii) United States Housing Act of 1937.--Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
(1) in subsection (b)(2)(A), by striking ``lack of supportive
services accessible to eligible families, which shall include
insufficient availability of resources for programs under title I
of the Workforce Investment Act of 1998'' and inserting ``lack of
supportive services accessible to eligible families, which shall
include insufficient availability of resources for programs under
title I of the Workforce Innovation and Opportunity Act'';
(2) in subsection (f)(2), by striking ``the local agencies (if
any) responsible for carrying out programs under title I of the
Workforce Investment Act of 1998 or the Job Opportunities and Basic
Skills Training Program under part F of title IV of the Social
Security Act,'' and inserting ``the local agencies (if any)
responsible for carrying out programs under title I of the
Workforce Innovation and Opportunity Act or the Job Opportunities
and Basic Skills Training Program under part F of title IV of the
Social Security Act,''; and
(3) in subsection (g)--
(A) in paragraph (2), by striking ``any local agencies
responsible for programs under title I of the Workforce
Investment Act of 1998 or the Job Opportunities and Basic
Skills Training Program under part F of title IV of the Social
Security Act'' and inserting ``any local agencies responsible
for programs under title I of the Workforce Innovation and
Opportunity Act or the Job Opportunities and Basic Skills
Training Program under part F of title IV of the Social
Security Act''; and
(B) in paragraph (3)(H), by striking ``programs under title
I of the Workforce Investment Act of 1998 and any other
relevant employment, child care, transportation, training, and
education programs in the applicable area'' and inserting
``programs under title I of the Workforce Innovation and
Opportunity Act and any other relevant employment, child care,
transportation, training, and education programs in the
applicable area''.
(jj) Violent Crime Control and Law Enforcement Act of 1994.--
Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking ``job
training programs authorized under title I of the Workforce Investment
Act of 1998 or the Family Support Act of 1988 (Public Law 100-485)''
and inserting ``job training programs authorized under title I of the
Workforce Innovation and Opportunity Act or the Family Support Act of
1988 (Public Law 100-485)''.
(kk) Worker Adjustment and Retraining Notification Act.--Section
3(a)(2) of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2102(a)(2)) is amended by striking ``the State or entity
designated by the State to carry out rapid response activities under
section 134(a)(2)(A) of the Workforce Investment Act of 1998,'' and
inserting ``the State or entity designated by the State to carry out
rapid response activities under section 134(a)(2)(A) of the Workforce
Innovation and Opportunity Act,''.
SEC. 513. REFERENCES.
(a) Workforce Investment Act of 1998 References.--Except as
otherwise specified, a reference in a Federal law to a provision of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) shall be
deemed to refer to the corresponding provision of this Act.
(b) Wagner-Peyser Act References.--Except as otherwise specified, a
reference in a Federal law to a provision of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) shall be deemed to refer to the corresponding
provision of such Act, as amended by this Act.
(c) Disability-related References.--Except as otherwise specified,
a reference in a Federal law to a provision of the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.) shall be deemed to refer to the
corresponding provision of such Act, as amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.