[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3151 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3151
To enhance investment in education and employment programs by
eliminating duplication, cutting red tape, and increasing flexibility,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 7, 2016
Mr. Toomey introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To enhance investment in education and employment programs by
eliminating duplication, cutting red tape, and increasing flexibility,
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.
This Act may be cited as the ``Cutting Administrative Red-tape for
Education and Employment Reinvestment Act'' or the ``CAREER Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. Definitions.
Sec. 102. Powers of Federal Government.
TITLE II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
Sec. 201. Purpose.
Subtitle A--State Provisions
Sec. 211. State workforce investment boards.
Sec. 212. State plan.
Subtitle B--Local Provisions
Sec. 221. Local workforce investment areas.
Sec. 222. Local workforce investment boards.
Sec. 223. Local plan.
Subtitle C--One-Stop Delivery System
Sec. 231. One-stop delivery system.
Subtitle D--Providers of Training Services
Sec. 241. Providers of training services.
TITLE III--WORKER TRAINING SERVICES AND ACTIVITIES
Sec. 301. Fiscal year basis.
Sec. 302. Priority for services.
Subtitle A--Adult Worker Training Services and Activities
Sec. 311. Authorization of appropriations.
Sec. 312. Allotment of funds for adult worker training services and
activities.
Sec. 313. Within State allocation.
Sec. 314. Use of funds.
Sec. 315. Adult training services.
Sec. 316. Supplemental services for individuals eligible for trade
adjustment assistance.
Sec. 317. Supplemental services for designated recipients of
supplemental nutrition assistance.
Sec. 318. Labor exchange system and administration of work test for
unemployment compensation.
Sec. 319. Nationwide employment statistics system.
Sec. 320. Conforming amendment relating to H-1B nonimmigrant petitioner
account.
Sec. 321. Amendments to the Trade Act of 1974.
Sec. 322. Conforming amendments relating to the temporary assistance
for needy families program.
Sec. 323. Amendments to the Food and Nutrition Act of 2008.
Subtitle B--Worker Training for Disadvantaged Youth
Chapter 1--Disadvantaged Youth
Sec. 331. Authorization of appropriations.
Sec. 332. Allotment of funds for youth training services.
Sec. 333. Within State allocation.
Sec. 334. Youth training services.
Chapter 2--Job Corps
Sec. 341. Purposes.
Sec. 342. Definitions.
Sec. 343. Establishment.
Sec. 344. Individuals eligible for the Job Corps.
Sec. 345. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 346. Enrollment.
Sec. 347. Job Corps centers.
Sec. 348. Program activities.
Sec. 349. Counseling and job placement.
Sec. 350. Support.
Sec. 351. Operations.
Sec. 352. Standards of conduct.
Sec. 353. Community participation.
Sec. 354. Workforce councils.
Sec. 355. Advisory committees.
Sec. 356. Experimental projects and technical assistance.
Sec. 357. Application of provisions of Federal law.
Sec. 358. Special provisions.
Sec. 359. Management information.
Sec. 360. General provisions.
Sec. 361. Job Corps oversight and reporting.
Sec. 362. Authorization of appropriations.
Subtitle C--Worker Training for Individuals With Disabilities
Sec. 371. Declaration of purpose and policy.
Sec. 372. Authorization of appropriations.
Sec. 373. Grants to States.
Sec. 374. Eligible population.
Sec. 375. Vocational rehabilitation services and information and
referral services.
Subtitle D--Worker Training for Indians (Including Alaska Natives) and
Native Hawaiians
Sec. 381. Worker training for Indians (including Alaska Natives) and
Native Hawaiians.
Subtitle E--Worker Training for Reintegration of Offenders
Sec. 391. Reintegration of offenders.
TITLE IV--PERFORMANCE INDICATORS, FISCAL CONTROLS, AND ADMINISTRATIVE
PROVISIONS
Sec. 401. Definition of other direct recipient.
Sec. 402. Performance accountability system.
Sec. 403. Fiscal controls; sanctions.
Sec. 404. Reports; recordkeeping; investigations.
Sec. 405. Requirements and restrictions.
Sec. 406. Monitoring.
Sec. 407. Judicial review.
Sec. 408. General program requirements.
Sec. 409. Organization.
Sec. 410. Budgetary effects.
TITLE V--REPEALS AND TRANSITION PROVISIONS
Sec. 501. Repealed provisions.
Sec. 502. Savings provisions for adult programs.
Sec. 503. Savings provisions for youth programs.
Sec. 504. Savings provisions for disabilities programs.
Sec. 505. Savings provisions for programs for Indians (including Alaska
Natives) and Native Hawaiians.
Sec. 506. Obligation and expenditure limitations.
Sec. 507. Effective date.
TITLE I--GENERAL PROVISIONS
SEC. 101. DEFINITIONS.
In this Act:
(1) Administrative costs.--
(A) In general.--The term ``administrative costs''
means costs necessary for the proper administration of
a program under this Act.
(B) Exclusions.--The term ``administrative costs''
excludes--
(i) direct costs of providing worker
training services and activities, including
costs for contracts devoted entirely to such
services and activities;
(ii) direct costs of gathering statistics
and the data on performance indicators required
under sections 319 and 402; and
(iii) costs of salaries and benefits for
staff providing worker training services and
activities and the direct costs associated with
providing such services and activities, such as
the costs for supplies, equipment, travel,
postage, utilities, and rental of training
space associated with that provision.
(C) Inclusions.--Except as provided in subparagraph
(B), the term ``administrative costs'' includes costs
for general administration and coordination of a
program under this Act, including costs for contracts
and all indirect (or overhead) costs, such as the costs
of--
(i) salaries and benefits of staff
performing administrative and coordination
functions;
(ii) activities related to eligibility
determinations;
(iii) preparation of program plans,
budgets, and schedules;
(iv) monitoring of the program;
(v) activities of fraud and abuse staff;
(vi) procurement activities;
(vii) public relations activities;
(viii) services related to accounting,
litigation, audits, management of property,
payroll, and personnel;
(ix) costs for the goods and services
required for administration of the program such
as the costs for supplies, equipment, travel,
postage, utilities, and rental of office space
and maintenance of office space, required for
that administration;
(x) operating management information
systems not related to the tracking and
monitoring of statistics required under this
Act and data on performance indicators as
required under section 402 (such as for a
personnel and payroll system for State staff);
and
(xi) preparing reports and other documents.
(2) Adult training services.--The term ``adult training
services'' means the services described in section 315(a).
(3) Alaska native.--The term ``Alaska Native'' means a
Native as such term is defined in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
(4) 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 worker training services
and activities carried out under this Act 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 paragraph, determinations of areas of
substantial unemployment shall be made once each fiscal year.
(5) Career and technical education.--The term ``career and
technical education'' means organized educational services or
activities that--
(A) offer a sequence of courses that--
(i) provides individuals with coherent and
rigorous content aligned with challenging
academic standards and relevant technical
knowledge and skills needed to prepare for
further education and careers in current or
emerging professions;
(ii) provides technical skill proficiency,
an industry-recognized credential, a
certificate, or an associate degree; and
(iii) may include prerequisite courses
(other than a remedial course) that meet the
requirements of this subparagraph; and
(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order
reasoning and problem-solving skills, work attitudes,
general employability skills, technical skills, and
occupation-specific skills, and knowledge of all
aspects of an industry, including entrepreneurship, of
an individual.
(6) Charter school.--The term ``charter school'' has the
meaning given the term in section 5210 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
(7) 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 one unit of general local government, the
individuals designated under the agreement described in
section 222(b)(1)(B)(ii).
(8) Covered program providing worker training services and
activities.--The term ``covered program providing worker
training services and activities'' means any program providing
worker training services and activities, except a labor
exchange system under section 318 and an employment statistics
system under section 319.
(9) Disadvantaged adult.--The term ``disadvantaged
adult''--
(A) means an adult who received an income, or is a
member of a family that received a total family income,
for the 6-month period prior to application for the
program involved (exclusive of unemployment
compensation, child support payments, payments
described in paragraph (20)(A), and old-age and
survivors insurance benefits received under section 202
of the Social Security Act (42 U.S.C. 402)), that, in
relation to family size, does not exceed the higher
of--
(i) the poverty line, for an equivalent
period; or
(ii) 70 percent of the lower living
standard income level, for an equivalent
period; and
(B) does not include students enrolled in a 2-year
or 4-year program of study at an institution of higher
education.
(10) Disadvantaged youth.--The term ``disadvantaged
youth''--
(A) means--
(i) an individual who--
(I) is age 14 through age 21; and
(II) is a low-income individual,
has a disability, or is blind as
determined pursuant to title II or
title XVI of the Social Security Act
(42 U.S.C. 401 et seq., 1381 et seq.);
or
(ii) an individual who--
(I) is under age 27;
(II) attends--
(aa) a secondary school
(including a charter school, or
a secondary school, used
exclusively or principally for
the provision of career and
technical education); or
(bb) an institution of
higher education used
exclusively or principally for
the provision of career and
technical education; and
(III) meets the requirements of
subclause (II) of clause (i); and
(B) does not include students enrolled in a 2-year
or 4-year program of study at an institution of higher
education and members of the armed forces (as defined
in section 101 of title 10, United States Code) who are
serving on active duty.
(11) Eligible veteran.--The term ``eligible veteran'' has
the meaning given the term in section 4211(4) of title 38,
United States Code.
(12) Excess number.--The term ``excess number'' means, used
with respect to the excess number of unemployed individuals
within a State, the higher of--
(A) the number that represents the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in the State; or
(B) 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.
(13) Governor.--The term ``Governor'' means the chief
executive of a State.
(14) Homeless, homeless individual.--The terms ``homeless''
and ``homeless individual'' have the meaning given such terms
in section 103(a) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302(a)).
(15) 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).
(16) Individual with a disability.--The term ``individual
with a disability'' means an individual who has a physical or
mental impairment which for such individual constitutes or
results in a substantial impediment to employment, including an
individual who has a disability or is blind as determined
pursuant to title II or title XVI of the Social Security Act
(42 U.S.C. 401 et seq., 1381 et seq.).
(17) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than one individual with a
disability.
(18) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(19) Local area.--The term ``local area'' means a local
workforce investment area designated under section 221, except
as provided in section 319.
(20) Local board.--The term ``local board'' means a local
workforce investment board established under section 222.
(21) Low-income individual.--The term ``low-income
individual'' means an individual who--
(A) receives, or is a member of a family that
receives, cash payments under a Federal, State, or
local income-based public assistance program;
(B) received an income, or is a member of a family
that received a total family income, for the 6-month
period prior to application for the program involved
(exclusive of unemployment compensation, child support
payments, payments described in subparagraph (A), and
old-age and survivors insurance benefits received under
section 202 of the Social Security Act (42 U.S.C. 402))
that, in relation to family size, does not exceed the
higher of--
(i) the poverty line, for an equivalent
period; or
(ii) 70 percent of the lower living
standard income level, for an equivalent
period;
(C) is a member of a household that receives (or
has been determined within the 6-month period prior to
application for the program involved to be eligible to
receive) supplemental nutrition assistance program
benefits pursuant to the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.);
(D) is homeless;
(E) is a foster child on behalf of whom State or
local government payments are made; or
(F) in cases permitted by regulations promulgated
by the Secretary of Labor, is an individual with a
disability whose own income meets the requirements of a
program described in subparagraph (A) or subparagraph
(B), but who is a member of a family whose income does
not meet such requirements.
(22) 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).
(23) One-stop operator.--The term ``one-stop operator''
means an entity that has a designation or certification in
effect under section 231.
(24) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Republic
of Palau (except during any period for which the Secretary
determines that a Compact of Free Association is in effect and
contains provisions for training and education assistance
prohibiting the assistance provided under this Act).
(25) Participant.--The term ``participant'' means an
individual who has been determined to be eligible to
participate in services or activities, and who is participating
in services or activities, under a program authorized by this
Act. Participation shall be deemed to commence on the first
day, following determination of eligibility, on which the
individual begins participating in subsidized employment,
training, or other services or activities provided under this
Act.
(26) 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).
(27) Secondary education.--The term ``secondary education''
means education services provided by a secondary school.
(28) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(29) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(30) State board.--The term ``State board'' means a State
workforce investment board established under section 211.
(31) Underemployed individual.--The term ``underemployed
individual'' means an individual who wants and is available for
full-time work but has had to settle for part-time work.
(32) 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.
(33) 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.
(34) Worker training services and activities.--The term
``worker training services and activities'' means any services
provided to, or activities for, jobseekers, employers, or
employees under title III.
SEC. 102. POWERS OF FEDERAL GOVERNMENT.
An Executive agency (as defined in section 105 of title 5, United
States Code) shall have the power to issue regulations under this Act
only when explicitly stated in this Act and only for the purposes and
to the extent explicitly stated in this Act.
TITLE II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
SEC. 201. PURPOSE.
The purpose of this title is to provide worker training services
and activities, through statewide and local workforce investment
systems, that increase the employment, retention, and earnings of
participants, and increase educational and occupational skill
attainment by participants.
Subtitle A--State Provisions
SEC. 211. STATE WORKFORCE INVESTMENT BOARDS.
(a) Establishment.--The Governor of a State shall establish a State
workforce investment board.
(b) Membership.--
(1) Composition.--The Governor shall, not less often than
once every 3 years, appoint members of the State board, who
shall consist of--
(A) representatives of business in the State;
(B) representatives of employees' interests, such
as representatives of labor organizations, in the
State; and
(C) other persons that the Governor shall
designate.
(2) Maximum number of members.--The State board shall not
have more than 20 members.
(3) Majority.--A majority of the members of the State board
shall be representatives of business in the State.
(4) Chairperson.--The Governor shall select a Chairperson
for the State board from among its members.
(5) Service at will of governor.--Service of a member of
the State board shall be at the will of the Governor.
(6) Decertification and removal.--The Governor may, without
providing notice or an opportunity to appeal, decertify a State
board or remove any member of a State board, at any time for--
(A) fraud or abuse; or
(B) failure to carry out State board functions to
the Governor's satisfaction.
(c) Functions.--The functions of the State board shall include:
(1) State plan.--Consistent with section 212, each State
board shall develop and submit to the Secretary a State plan.
(2) Local areas.--Consistent with section 221, the State
board shall designate local areas.
(3) Grant recipient.--The State board shall serve as the
State grant recipient of Federal funds distributed for the
State under this Act.
(4) Local boards.--The State board shall--
(A) allocate and disburse funds to local boards
under title III; and
(B) review, and approve or reject, local plans
under section 223.
(5) Employment statistics system, labor exchange system and
unemployment compensation.--Consistent with sections 318 and
319, the State board shall--
(A) carry out--
(i) coordination and development of a labor
exchange system (including provision of
services through that system) under section
318; and
(ii) cooperative governance of an
employment statistics system (including
provision of employment statistics information)
under section 319; and
(B) ensure that the work test for the State
unemployment compensation system is administered at
each one-stop center.
(6) Statistics and performance data.--The State board shall
disseminate the information and data and carry out the other
functions required by section 319(e) and submit the report
required by section 402(c)(1)(B). The State board shall
establish a process for--
(A) local boards and entities carrying out covered
programs providing worker training services and
activities, and one-stop operators, to collect and
submit the information and data required by section
319(e)(1)(E); and
(B) local boards and entities carrying out covered
programs providing worker training services and
activities to collect and submit, under section
402(c)(1), the statistics and information indicating
the levels of performance on all applicable performance
indicators described in section 402(b), in the
aggregate and disaggregated by the demographic factors
described in that section.
(7) Other functions.--The State board shall carry out all
other functions required of the State board under this Act.
(d) Budget and Administration.--
(1) Funds for state boards.--
(A) Reserved funds.--The State board may use funds
reserved or retained for State board administrative
costs under sections 313(c), 333(c), and 373(d) for
functions of the State board.
(B) Donations.--The State board may solicit and
accept gifts and donations from sources other than
Federal funds made available under this Act, for
functions of the State board.
(2) Budget.--The State board shall develop a budget for the
functions of the State board.
(3) Staff.--The State board may employ staff to assist in
carrying out the functions of the State board.
(e) 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 or
activities 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.
(f) Sunshine Provision.--The State board shall make available to
the public, on a regular basis through open meetings, information
regarding the activities of the State board, including information
regarding the State plan prior to submission of the plan, information
regarding membership, and, on request, minutes of formal meetings of
the State board. The State board shall provide an opportunity for
public comment on and input into development of the State plan before
submission of the plan to the Secretary.
SEC. 212. STATE PLAN.
(a) In General.--For a State to be eligible to receive funds under
this Act, the State board shall develop and submit to the Secretary a
single State plan (referred to in this Act as the ``State plan'') that
has been approved by the Governor of the State and that outlines a 1-
to 3-year strategy for the statewide workforce investment system of the
State and that meets the requirements of this Act.
(b) Contents.--The State plan shall include--
(1) a list of members of the State board;
(2) an assurance that the State has met the requirements of
subsections (c), (e), and (f) of section 211;
(3) information identifying the local areas designated in
the State, the rationale for designating those local areas, and
the population of unemployed individuals and of underemployed
individuals in each local area;
(4) an assurance that any grants and contracts for a
covered program providing worker training services and
activities (other than supplemental services provided under
section 316 or 317) or providers of activities relating to
labor exchange or employment statistics system, awarded by the
Governor, the State board, and local boards (directly or
through one-stop operators) will be awarded on a competitive
basis and a description of the State's rules and criteria for
the competitive process;
(5) a description of the process used by the State
consistent with section 211(f) to provide an opportunity for
public comment on and input into development of the plan,
before submission of the plan;
(6) assurances that the State will establish and require
all local boards to comply with, in accordance with section
403, fiscal control and fund accounting procedures in order to
ensure the proper disbursement of, and accounting for, Federal
funds paid to the State;
(7) a description of--
(A) the methods and criteria the State will use in
allocating funds to local boards under sections 313(e),
333(d), and 373(c);
(B) the worker training services and activities
that will be carried out with funds received by the
State under this Act, and how the State will ensure the
State meets the needs of--
(i) eligible veterans;
(ii) unemployed individuals, and
underemployed individuals, who are age 16 or
older;
(iii) required participants in an
employment and training program under section
6(d)(4)(C) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(d)(4)(C)), as amended by
section 323(a);
(iv) persons certified by the Secretary
under section 223(a) of the Trade Act of 1974
(19 U.S.C. 2273(a));
(v) disadvantaged youth;
(vi) individuals with disabilities;
(vii) Indians (including Alaska Natives)
and Native Hawaiians; and
(viii) individuals who are age 55 or older;
(C) the requirements and restrictions the State
board places on local boards in the State concerning
use of funds under this Act;
(D) the requirements and restrictions the State
board places on other recipients of Federal funds from
the State concerning use of funds under this Act;
(E)(i) the expected levels of performance for the
State on the performance indicators listed in section
402(b); and
(ii) any performance indicators, in addition to
those listed in section 402(b), that the State chooses
to apply under section 402(d)(1)(B) and the State's
expected levels of performance for those indicators;
and
(F) how the State will hold local boards and other
recipients of Federal funds from the State accountable
for their performance on performance indicators;
(8) information meeting the requirements of sections 334(b)
and 375(a)(2); and
(9) information specifying any activity determined to be a
conflict of interest for purposes of section 211 or 222.
(c) Plan Submission and Approval.--The State board shall submit the
State plan to the Secretary for approval. A State plan submitted to the
Secretary under this section shall be considered to be approved by the
Secretary at the end of the 90-day period beginning on the day the
Secretary receives the plan, unless the Secretary makes a written
determination, during the 90-day period, that the plan is inconsistent
with the provisions of this Act.
(d) Modifications to Plan.--A State may submit modifications to a
State plan in accordance with the requirements of this section and
section 211 as necessary during the 1- to 3-year period covered by the
plan.
(e) Powers of the Secretary.--The Secretary may issue regulations
under this section regarding the timing, format, and submission of the
State plan and modifications to the State plan, but may not add any
requirements for matters to be included in the State plan, other than
the matters specified in subsection (b).
Subtitle B--Local Provisions
SEC. 221. LOCAL WORKFORCE INVESTMENT AREAS.
(a) Designation of Areas.--
(1) In general.--In order for a State to receive funds
under this Act, every 3 years, or more often if the State board
chooses, the State board shall designate local workforce
investment areas within the State. The State board may
designate such an area even if no application is received for
the area under paragraph (2).
(2) Applications.--The State board shall establish a
process by which one or more units of general local government
may apply for designation as a local area. The State board
shall approve any application for designation as a local area
from any unit of general local government with a population of
1,000,000 or more.
(3) Considerations.--In making the designation of local
areas, the State board shall take into consideration--
(A) the extent to which the local areas are
consistent with labor market areas;
(B) the distance that individuals will need to
travel to receive services and activities provided in
such local areas;
(C) the resources of such local areas that are
available to effectively administer the services and
activities carried out under title III; and
(D) any other factors that the State board
requires.
(4) Single local area.--Subject to paragraph (2), the State
board may designate the entire State as a single local area.
(b) Local Board Planning and Cooperation.--
(1) Information sharing.--The State may require local
boards to share, in feasible cases, employment statistics,
information about employment opportunities and trends, and
other types of information that would assist in improving the
performance of local boards.
(2) Coordination of services and activities.--The State may
require local boards to coordinate the provision of worker
training services and activities, including the provision of
transportation and other supportive services.
(3) Interstate regions.--Two or more States that contain an
interstate region that is a labor market area, economic
development region, or other appropriate contiguous subarea of
the States may coordinate or jointly exercise the functions
described in paragraphs (1) and (2) in that region.
SEC. 222. LOCAL WORKFORCE INVESTMENT BOARDS.
(a) Establishment.--The State board shall every 3 years, or more
often if the State board chooses, establish in each local area a local
workforce investment board.
(b) Membership.--
(1) Appointment of members.--
(A) Appointing official.--In this subsection, the
term ``appointing official'' means--
(i) for a member of a local board appointed
under subparagraph (C)(i), the chief elected
official that appointed the member;
(ii) for a member of a local board
appointed under subparagraph (C)(ii)(I), the
chief elected official or officials designated
in the agreement described in that
subparagraph; and
(iii) for a member of a local board
appointed under subparagraph (C)(ii)(II), the
Governor.
(B) State board criteria.--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. The criteria shall be
consistent with this section.
(C) Chief elected officials.--
(i) Single unit.--In a case in which a
local area includes only 1 unit of general
local government, the chief elected official
shall appoint the members of the local board
for such area, in accordance with this section
and the State criteria.
(ii) Multiple units.--In a case in which a
local area includes more than 1 unit of general
local government--
(I) the chief elected officials of
such units may execute an agreement
that specifies the respective roles of
the individual chief elected officials
in the appointment and removal of the
members of the local board and the
decertification of the local board, in
accordance with this section and the
State criteria; and
(II) if, after a reasonable effort,
the chief elected officials are unable
to reach agreement as provided under
subclause (I), the Governor may appoint
the members of the local board from
individuals nominated by the chief
elected officials.
(2) Composition.--The members of the local board shall
consist of--
(A) representatives of business in the local area;
(B) representatives of employees' interests, such
as representatives of labor organizations, in the local
area; and
(C) other persons that the appointing official
described in paragraph (1) shall designate.
(3) Maximum number of members.--The local board shall not
have more than 20 members.
(4) Majority.--A majority of the members of the local board
shall be representatives of business in the local area.
(5) Chairperson.--The members of the local board shall, by
majority vote, elect a Chairperson for the local board.
(6) Service at will of appointing official.--Service of a
member of the local board shall be at the will of the
appointing official.
(7) Decertification and removal.--An appointing official
may, without providing notice or an opportunity to appeal,
decertify a local board, or remove a member of a local board,
at any time for--
(A) fraud or abuse; or
(B) failure to carry out local board functions to
the satisfaction of the appointing official.
(c) Single State Local Area.--Notwithstanding subsection (b), if a
State determines that the State will be treated as a local area for
purposes of the application of this Act, the Governor may designate the
State board to carry out any or all of the functions of a local board
under this Act.
(d) Functions of Local Board.--The functions of the local board
shall include the following:
(1) Local plan.--Consistent with section 223, each local
board shall develop and submit to the State board a local plan.
(2) One-stop operators and training providers.--
(A) Selection of one-stop operators.--
(i) Designation or certification.--
Consistent with section 231(b) and any
requirements imposed by the State board, the
local board shall designate or certify one-stop
operators.
(ii) Termination.--The local board may
terminate at will the designation or
certification of such an operator.
(B) Selection of eligible providers of training
services.--Consistent with section 241, the local board
shall (directly or through a one-stop operator) select
eligible providers of training services.
(C) Allocation of funds among one-stop operators.--
Consistent with this Act, the local board shall
allocate among one-stop operators funds allocated by
the State board for worker training services and
activities under sections 313(e)(1), 333(d)(3), and
373(c), and shall allocate funds for local
administrative costs under sections 313(e)(2),
333(d)(2), and 373(d).
(D) Limitation on secretary's authority.--The
Secretary shall not issue regulations governing
determinations to be made under this paragraph.
(3) Employment statistics system, labor exchange system,
and unemployment compensation.--Consistent with sections 318
and 319, the local board shall assist the State board with the
labor exchange system and employment statistics system under
sections 318 and 319, and shall ensure that the work test for
the State unemployment compensation system is administered at
each one-stop center.
(4) Statistics and performance data.--The local board shall
comply with the process established by the State board under
section 211(c)(6), as the process applies to local boards, for
collecting and submitting the information and data required by
section 319(e)(1)(E) and the statistics and information
indicating the levels of performance on all applicable
performance indicators described in section 402(b), in the
aggregate and disaggregated by the demographic factors
described in that section.
(5) Duties designated by the state board.--The local board
shall carry out all other functions designated by the State
board.
(e) Budget and Administration.--
(1) Funds for local boards.--
(A) Reserved funds.--The local board may use funds
reserved or retained for local board administrative
costs under sections 313(e)(2), 333(d)(2), and 373(d)
for functions of the local board.
(B) Donations.--The local board may solicit and
accept gifts and donations from sources other than
Federal funds made available under this Act, for
functions of the local board.
(2) Budget.--The local board shall develop a budget for the
functions of the local board.
(3) Staff.--The local board may employ staff to assist in
carrying out the functions of the local board.
(4) Disbursal of funds to providers.--Consistent with this
Act, the local board shall disburse (directly or through a one-
stop operator) funds allocated by the State board for worker
training services and activities, to be carried out in
accordance with this Act (including the requirements of the
local plan).
(f) Limitation on Local Board's Authority.--No local board, in
carrying out this Act, shall mandate the curriculum, a standard, or an
assessment for an elementary school or secondary school.
(g) Conflict of Interest.--A member of a local board may not--
(1) vote on a matter under consideration by the local
board--
(A) regarding the provision of services or
activities 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.
(h) Sunshine Provision.--The local board shall make available to
the public, on a regular basis through open meetings, information
regarding the activities of the local board, including information
regarding the local plan prior to submission of the plan, information
regarding membership, the designation or certification of one-stop
operators, and the selection of eligible providers of training
services, and on request, minutes of formal meetings of the local
board. The local board shall provide an opportunity for public comment
on and input into the development of the local plan before submission
of the plan to the State board.
SEC. 223. LOCAL PLAN.
(a) In General.--To be eligible to receive funds under this Act,
each local board shall develop and submit to the State board a single
local plan (referred to in this Act as the ``local plan'') that
outlines a 1- to 3-year strategy for the local workforce investment
system of the local area and that meets the requirements of this Act
(including requirements of the State plan).
(b) Contents.--The local plan shall include--
(1) a list of members of the local board;
(2) an assurance that the requirements of subsections (d),
(f), (g), and (h) of section 222 have been met;
(3) an assurance that any grants and contracts involving
Federal funds awarded by the local board (directly or through a
one-stop operator) to providers of a covered program providing
worker training services and activities or providers of
activities relating to labor exchange or employment statistics
system under section 313(e)(4), section 333(d)(3), and section
373(c) will be awarded on a competitive basis;
(4) a description of the process used by the local board
consistent with section 222(h) to provide an opportunity for
public comment on and input into development of the plan,
before submission of the plan;
(5) an assurance that the local board will comply with all
fiscal control and fund accounting procedures established by
the State board under section 403 in order to ensure the proper
disbursement of, and accounting for, Federal funds allocated to
the local area; and
(6) a description of--
(A) the needs in the local area for worker training
services and activities, including information on such
needs of the unemployed individuals and underemployed
individuals in the local area;
(B) the one-stop delivery system to be established
in the local area;
(C) the division of responsibility between the
local board and the one-stop operators in the local
area, acting under section 241(a), for awarding any
grants or contracts to eligible entities to provide
worker services training and activities under
paragraphs (3) and (4) of section 313(e), section
333(d)(3), and section 373(c);
(D) the methods and factors the local board will
use in allocating Federal funds for worker training
services and activities described in paragraphs (3) and
(4) of section 313(e), section 333(d)(3), and section
373(c) among one-stop operators in the local area;
(E) the methods and factors the local board will
use in allocating Federal funds for administrative
costs under sections 313(e)(2), 333(d)(2), and 373(d)
among one-stop operators in the local area;
(F) the competitive process to be used by the local
board (directly or through a one-stop operator) to
award any grants and contracts referred to in paragraph
(3);
(G) the worker training services and activities
that will be carried out with funds received by the
local board under this Act, and how the local board
will ensure the local board meets the needs of--
(i) eligible veterans;
(ii) unemployed individuals, and
underemployed individuals, who are age 16 or
older;
(iii) required participants in an
employment and training program under section
6(d)(4)(C) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(d)(4)(C)), as amended by
section 323(a);
(iv) persons certified by the Secretary
under section 223(a) of the Trade Act of 1974
(19 U.S.C. 2273(a));
(v) disadvantaged youth;
(vi) individuals with disabilities;
(vii) Indians (including Alaska Natives)
and Native Hawaiians; and
(viii) individuals who are age 55 or older;
(H) how the local board will hold one-stop
operators and other recipients of Federal funds from
the local board accountable for their performance; and
(I) such other information as the State board may
require.
(c) Plan Submission and Approval.--The local board shall submit the
local plan to the State board for approval.
Subtitle C--One-Stop Delivery System
SEC. 231. ONE-STOP DELIVERY SYSTEM.
(a) System.--Consistent with this Act, the local board shall
establish a one-stop delivery system, comprised of one-stop centers, in
the local area.
(b) Designation and Certification of One-Stop Operators.--
Consistent with this Act (including the requirements of the State plan
and any other requirements imposed by the State board), the local board
may--
(1) choose the number and location of one-stop centers that
will operate in the local area, to facilitate the provision of
worker training services and activities;
(2) allocate the funds the local board receives for worker
training services and activities under sections 313(e)(1),
333(d)(3), and 373(c) among the one-stop operators for the
operation of the centers;
(3) allocate the funds the local board receives for
administrative costs under sections 313(2), 333(d)(2), and
373(d) among the one-stop operators for the operation of the
centers;
(4) designate or certify one-stop operators for such
centers; and
(5) terminate at will the designation or certification of
such operators.
(c) Eligibility.--To be eligible to receive funds made available
under subsection (b) to operate a one-stop center, an entity--
(1) may be a public or private entity, or consortium of
entities, except that elementary schools and secondary schools
(other than secondary schools providing career and technical
education) shall not be eligible to receive the funds; and
(2) shall be designated or certified as a one-stop operator
through a competitive process.
Subtitle D--Providers of Training Services
SEC. 241. PROVIDERS OF TRAINING SERVICES.
(a) Contracts With Providers of Training Services.--A local board
may--
(1) select and directly enter into contracts with eligible
entities to provide training services in the local area; or
(2) delegate to one-stop operators in the local area the
responsibility for making those selections and entering into
those contracts.
(b) Criteria for Providers of Training Services.--Consistent with
this Act (including requirements of the corresponding State plan and
local plan, and any other requirements imposed by the State or local
board), the local board may list criteria for selection of an eligible
entity to receive funds made available under title III to provide
training services in the local area.
(c) Eligibility.--To be eligible to receive funds through a
contract awarded under subsection (a) to provide a program of training
services, an entity--
(1) may be a public or private entity, or consortium of
entities, of demonstrated effectiveness;
(2) shall be selected through a competitive process; and
(3) shall submit--
(A) in accordance with the process established by
the State board under section 211(c)(6), as the process
applies to such an entity, the statistics and
information indicating the level of performance on all
applicable performance indicators described in section
402(b), in the aggregate and disaggregated by the
demographic factors described in that section; and
(B) to the local board (or a one-stop operator with
the responsibility described in subsection (a)(2)), any
other information required by the State or local board.
(d) Training Services.--In this section, the term ``training
services'' means--
(1) adult training services;
(2) youth training services described in section 334;
(3) advanced career training referred to in section 348(c);
and
(4) vocational rehabilitation services and information and
referral services described in section 375.
TITLE III--WORKER TRAINING SERVICES AND ACTIVITIES
SEC. 301. FISCAL YEAR BASIS.
Funds appropriated for any fiscal year for services and activities
carried out under this title shall be available for obligation only on
the basis of a fiscal year.
SEC. 302. PRIORITY FOR SERVICES.
A State shall ensure that veterans receive priority of service as
provided under section 4215 of title 38, United States Code, in the
delivery within the State of each of the following services and
activities:
(1) Adult training services authorized under section 315.
(2) Youth training services authorized under section 334.
(3) Services and activities provided through a Job Corps
center and authorized under chapter 2 of subtitle B.
(4) Vocational rehabilitation services and information and
referral services authorized under section 375.
(5) Worker training activities authorized under section
381.
Subtitle A--Adult Worker Training Services and Activities
SEC. 311. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for adult training services,
supplemental services (for individuals who are eligible for trade
adjustment assistance) under section 316, supplemental services (for
designated recipients of supplemental nutrition assistance) under
section 317, coordination and development of a labor exchange system
and administration of a work test for unemployment compensation under
section 318, and cooperative governance of an employment statistics
system under section 319--
(1) $3,384,459,000 for fiscal year 2016;
(2) $3,432,083,000 for fiscal year 2017;
(3) $3,484,046,000 for fiscal year 2018;
(4) $3,540,345,000 for fiscal year 2019; and
(5) $3,592,308,000 for fiscal year 2020.
SEC. 312. ALLOTMENT OF FUNDS FOR ADULT WORKER TRAINING SERVICES AND
ACTIVITIES.
(a) Secretary's Reserve.--
(1) Reservation.--From the amount appropriated under
section 311 for each fiscal year, the Secretary shall reserve
not more than 3.3 percent to make national emergency grants
under this subsection.
(2) Grants.--The Secretary shall use the reserved funds to
make, on a competitive basis, national emergency grants--
(A) to a State board or local board to provide
adult training services to workers affected by major
economic dislocations, such as plant closures, mass
layoffs, or closures and realignments of military
installations; and
(B) to provide assistance to the Governor of any
State within the boundaries of which is an area that
has suffered 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) to
provide disaster relief employment in the area.
(3) Application.--
(A) Form and procedure.--To be eligible to receive
a grant under this subsection, a State board, local
board, or Governor 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) a request for the grant, specifying the
amount of the grant funds requested and the
proposed uses for the funds;
(ii) a description of the services that
will be provided to participants, and how those
services will prepare the participants for
employment; and
(iii) information indicating that the
applicant meets any other criteria the
Secretary shall establish.
(4) 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, concerning
whether the application is approved or not approved.
(5) Powers of secretary.--The Secretary may issue
regulations to carry out this subsection.
(b) Outlying Areas.--
(1) Funds.--From the amount appropriated under section 311
for each fiscal year, the Secretary shall reserve not more than
0.215 percent to provide assistance to the outlying areas to
provide adult training services. Specifically, the Secretary
shall provide not more than--
(A) 0.07 percent of that amount to Guam;
(B) 0.015 percent of that amount to American Samoa;
(C) 0.033 percent of that amount to the
Commonwealth of the Northern Mariana Islands;
(D) except as described in section 101(24), 0.007
percent of that amount to the Republic of Palau; and
(E) 0.09 percent of that amount to the United
States Virgin Islands.
(2) Powers of secretary.--The Secretary may issue
regulations to carry out this subsection.
(c) States.--
(1) Funds.--The Secretary shall--
(A) combine--
(i) the amount appropriated under section
311 for a fiscal year, and not reserved under
subsection (a) or (b); and
(ii) funds made available under section
286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)) for the fiscal year;
and
(B) allot the combined funds to States under
paragraph (2).
(2) Formula for allotting funds to states.--
(A) Formula.--Subject to subparagraph (B), of the
combined funds--
(i) 34 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) 24 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;
(iii) 10 percent shall be allotted on the
basis of the relative number of disadvantaged
adults in each State, composed to the total
number of disadvantaged adults in all States;
(iv) 14 percent shall be allotted on the
basis of the relative number of individuals who
have been unemployed for 15 weeks or more in
each State, compared to the total number of
such individuals in all States; and
(v) 18 percent shall be allotted on the
basis of the relative number of individuals in
the civilian labor force in each State,
compared to the total number of individuals in
the civilian labor force in all States.
(B) Minimum allotments.--
(i) Fiscal year 2016.--In making allotments
under this paragraph for fiscal year 2016, the
Secretary shall ensure that no State receives
an allotment in an amount that is less than 90
percent of the combined amount the State
received for fiscal year 2015 under paragraphs
(1)(B) and (2)(B) of section 132(b) of the
Workforce Investment Act of 1998 (29 U.S.C.
2862(b)), as in effect on June 30, 2015, and
section 6 of the Wagner-Peyser Act (29 U.S.C.
49e), as in effect on that date.
(ii) Subsequent fiscal years.--In making
allotments under this paragraph for fiscal year
2017 and each subsequent fiscal year, the
Secretary shall ensure that no State receives
an allotment for the fiscal year involved in an
amount that is less than 90 percent of the
allotment the State received for the prior
fiscal year under this paragraph.
SEC. 313. WITHIN STATE ALLOCATION.
(a) Governor's Reserve.--From the amount allotted to a State under
section 312(c) for a fiscal year, the Governor of the State shall
reserve not more than 15 percent for adult training services. The
Governor shall use the reserved amount to award contracts, on a
competitive basis, to eligible entities as described in section 241 to
provide adult training services under section 315.
(b) Distribution of Funds to State Boards.--The Governor shall
distribute to the State board--
(1) the amount allotted to the State under section 312(c)
and not reserved under subsection (a);
(2) the portion of funds the State designates under section
237 of the Trade Act of 1974 (19 U.S.C. 2297), from the funds
distributed to the State under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as such section and
such chapter are amended by section 321);
(3) funds allocated to the State under section 16(h) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)); and
(4) any funds the State chooses to contribute from the
temporary assistance for needy families State family assistance
grant under section 403(a)(1) of the Social Security Act (42
U.S.C. 603(a)(1)) in accordance with section 404(d)(4) of such
Act (42 U.S.C. 604(d)(4)).
(c) Administrative Costs of State Boards.--Each State board may
retain not more than 2.5 percent of the funds the State board receives
under subsection (b), for the administrative costs of the State board
in carrying out this subtitle.
(d) State Board Funds for Labor Exchange and Employment Statistics
Systems.--From the funds the State board receives under subsection (b),
the State board shall reserve a portion determined by the State board--
(1) to carry out--
(A) coordination and development of a labor
exchange system (including provision of services
through that system) under section 318; and
(B) cooperative governance of an employment
statistics system (including provision of employment
statistics information) under section 319; and
(2) to ensure that the work test for the State unemployment
compensation system is administered at each one-stop center in
the State, by an employee or entity determined by the State.
(e) Allocation of Funds to Local Boards.--
(1) Allocations.--The State board shall allocate the funds
distributed to the State board under subsection (b) and not
reserved or retained under subsection (c) or (d) to local
boards for services and activities listed in section 314. The
State board shall allocate the funds according to criteria
included in a State plan submitted and approved under section
212.
(2) Administrative costs of local boards.--Each local board
may retain not more than 5 percent of the funds the local board
receives under this subsection, for the administrative costs of
the local board in carrying out this subtitle.
(3) Local board funds for supplemental services.--From the
funds the local board receives under paragraph (1), the local
board shall reserve a portion determined by the local board to
provide supplemental services under sections 316 and 317.
(4) Local board funds for adult training services and
systems.--The local board shall use the funds allocated to the
local board under paragraph (1) and not reserved or retained
under paragraph (2) or (3) to award contracts, on a competitive
basis--
(A) to eligible entities as described in section
241 to provide adult training services under section
315; and
(B) to qualified entities to carry out activities
and services described in paragraphs (1) and (2) of
subsection (d).
SEC. 314. USE OF FUNDS.
Funds reserved, retained, or allocated under section 313 may be
used only for--
(1) adult training services under section 315;
(2) supplemental services under section 316 and 317;
(3) coordination and development of a labor exchange system
(including provision of services through that system) and
administration of a work test for unemployment compensation
under section 318;
(4) cooperative governance of an employment statistics
system (including provision of employment statistics
information) under section 319; and
(5) administrative costs of State boards and local boards
in carrying out this subtitle.
SEC. 315. ADULT TRAINING SERVICES.
(a) In General.--Adult training services under this subtitle are
any services designed to promote literacy, educational attainment,
work-related skills, employment, employment retention, and higher wages
among participants, including--
(1) individual assessment;
(2) job search and placement assistance services;
(3) work experience and skills training, including through
an industry sector partnership;
(4) occupational skills training, including career and
technical education and training through apprenticeships;
(5) on-the-job training;
(6) services and activities designed to meet the
educational needs of participants, including--
(A) basic skills instruction and remedial
education;
(B) language instruction educational programs for
English learners (defined as individuals with the
proficiency described in section 9101(25) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(25)));
(C) secondary education services and activities,
including classroom instruction, tutoring, study skills
training, and dropout prevention activities, designed
to lead to the attainment of a secondary school diploma
or its generally recognized equivalent (including a
credential for achievement of recognized alternative
standards for individuals with disabilities);
(D) counseling and assistance in obtaining
education at an institution of higher education and
necessary financial aid; and
(E) alternative secondary school services;
(7) a training program or coursework at an institution of
higher education, including a training program or coursework
for the purpose of--
(A) obtaining a degree or certification; or
(B) completing a degree or certification that the
worker had previously begun at an institution of higher
education; and
(8) other services designed to promote literacy,
educational attainment, work-related skills, employment,
employment retention, and higher wages among participants.
(b) Eligible Individuals.--To be eligible to receive adult training
services, an individual shall be--
(1) age 16 or older; and
(2) an unemployed individual or an underemployed
individual.
(c) Priority of Service.--In providing adult training services
under this subtitle, the State shall ensure that all persons designated
by the State as required participants in an employment and training
program under section 6(d)(4)(C) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)(C)) or certified by the Secretary under section
223(a) of the Trade Act of 1974 (19 U.S.C. 2273(a)) shall receive the
services.
SEC. 316. SUPPLEMENTAL SERVICES FOR INDIVIDUALS ELIGIBLE FOR TRADE
ADJUSTMENT ASSISTANCE.
(a) In General.--A local board shall use funds reserved under
section 313(e) to provide to individuals certified as eligible to apply
for trade adjustment assistance under section 223(a) of the Trade Act
of 1974 (19 U.S.C. 2273(a)) the following supplemental services:
(1) Supplemental assistance necessary to defray reasonable
transportation and subsistence expenses for separate
maintenance for training, when training is provided in
facilities that are not within commuting distance of the
individual's regular place of residence.
(2) A job search allowance to assist the individual in
obtaining employment within the United States, if the
individual--
(A) has been totally separated from employment; and
(B) cannot reasonably be expected to secure
suitable employment in the commuting area in which the
individual resides.
(3) A relocation allowance to assist the individual in
relocating to employment within the United States, if the
individual--
(A) has been totally separated from employment;
(B) cannot reasonably be expected to secure
suitable employment in the commuting area in which the
individual resides; and
(C)(i) has obtained suitable employment affording a
reasonable expectation of long-term duration in the
area in which the individual wishes to relocate; or
(ii) has obtained a bona fide offer of such
employment.
(b) Amount of Allowances.--The amount of a job search allowance
under subsection (a)(2) or a relocation allowance under subsection
(a)(3) paid to an individual shall be an amount that is not more than
the lesser of--
(1) 90 percent of--
(A) in the case of a job search allowance, the
necessary job search expenses; and
(B) in the case of a relocation allowance, the
reasonable and necessary expenses incurred in
transporting the individual and the individual's family
and household effects for the relocation; or
(2) $1,250 of the expenses involved.
SEC. 317. SUPPLEMENTAL SERVICES FOR DESIGNATED RECIPIENTS OF
SUPPLEMENTAL NUTRITION ASSISTANCE.
(a) Supplemental Services.--A local board in a State shall use
funds reserved under section 313(e) to provide to individuals
designated by the State as required participants in an employment and
training program under section 6(d)(4) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(d)(4)) the following supplemental services:
(1) Payments or reimbursements for the actual costs of
transportation and other actual costs (other than dependent
care costs), that are reasonably necessary and directly related
to participation in adult training services or the employment
and training program under section 6(d)(4) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(2) Dependent care services--
(A) provided through payments or reimbursements for
the actual costs of such dependent care services that
are determined by the State to be necessary for the
participation of an individual in adult training
services or the employment and training program (other
than an individual who is the caretaker relative of a
dependent in a family receiving benefits under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.) in a local area where an employment, training,
or education program is in operation), except that no
such payment or reimbursement shall exceed the
applicable local market rate; or
(B) provided for or arranged through service
contracts or vouchers.
(b) Treatment.--The value of any dependent care services provided
for or arranged under paragraph (B) of subsection (a)(2), or any amount
received as a payment or reimbursement under subparagraph (A) of
subsection (a)(2), shall--
(1) not be treated as income for the purposes of any other
Federal or federally assisted program that bases eligibility
for, or the amount of benefits on, need; and
(2) not be claimed as an employment-related expense for the
purposes of the credit provided under section 21 of the
Internal Revenue Code of 1986.
SEC. 318. LABOR EXCHANGE SYSTEM AND ADMINISTRATION OF WORK TEST FOR
UNEMPLOYMENT COMPENSATION.
(a) Labor Exchange System.--
(1) In general.--The Secretary shall assist in the
coordination and development of a nationwide system of public
labor exchange services to improve the functioning of the
Nation's labor markets by bringing together individuals who are
seeking employment and employers who are seeking employees.
(2) Relationship to one-stop delivery system.--The system
shall be provided as part of the one-stop delivery systems of
the States.
(3) Capacity.--Each State's labor exchange system shall
have the capacity--
(A) to assist jobseekers in finding employment;
(B) to assist employers in filling positions;
(C) to facilitate matches between jobseekers and
employers;
(D) to participate in a system for clearing labor
between the States, including the use of standardized
classification systems specified by the Secretary; and
(E) to meet the work test requirements of the State
unemployment compensation system.
(b) Administration of Unemployment Compensation Benefits.--
(1) Administration of work test.--The work test for the
State unemployment compensation system shall be administered at
the one-stop centers.
(2) Information sharing.--The unemployment insurance office
and one-stop centers in each State, shall, upon request of a
public agency administering or supervising the administration
of a State plan approved under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), of a public agency
charged with any duty or responsibility under any program or
activity authorized or required under part D of title IV of
such Act (42 U.S.C. 651 et seq.), or of a State agency charged
with the administration of the supplemental nutrition
assistance program in a State under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.), shall (and, notwithstanding
any other provision of law, are authorized to) furnish to such
agency making the request, from any data contained in the files
of any such office, information with respect to any individual
specified in the request as to--
(A) whether such individual is receiving, has
received, or has made application for, unemployment
compensation, and the amount of any such compensation
being received by such individual;
(B) the current (or most recent) home address of
such individual; and
(C) whether such individual has refused an offer of
employment and, if so, a description of the employment
so offered and the terms, conditions, and rate of pay
for the employment.
SEC. 319. NATIONWIDE EMPLOYMENT STATISTICS SYSTEM.
(a) System Content.--
(1) In general.--The Secretary, in accordance with the
provisions of this section, shall oversee the development,
maintenance, and continuous improvement of a nationwide
employment statistics system under this section.
(2) Statistics.--The nationwide employment statistics
system under this section shall include--
(A) statistical data from cooperative statistical
survey and projection programs and data from
administrative reporting systems that, when combined,
enumerate, estimate, and project employment
opportunities and conditions at national, State, and
local levels in a timely manner, including statistics
on--
(i) the employment and unemployment status
of national, State, and local populations,
including self-employed, part-time, and
seasonal workers;
(ii) industrial distribution of occupations
and current and projected employment
opportunities, wages, benefits (where data is
available), and skill trends disaggregated by
occupation and industry, with particular
attention to State and local conditions;
(iii) the incidence of, industrial and
geographical location of, and number of workers
displaced by, permanent layoffs and plant
closings; and
(iv) employment and earnings information
maintained in a longitudinal manner to be used
for research and program evaluation;
(B) information on State and local employment
opportunities, and other appropriate statistical data
related to labor market dynamics, which--
(i) shall be current and comprehensive; and
(ii) shall meet the needs identified
through the consultations described in
subparagraphs (C) and (D) of subsection (e)(1);
(C) technical standards (which the Secretary shall
publish annually) for data and information described in
subparagraphs (A) and (B) that, at a minimum, meet the
criteria of chapter 35 of title 44, United States Code;
(D) procedures to ensure compatibility and
additivity of the data and information described in
subparagraphs (A) and (B) from national, State, and
local levels;
(E) procedures to support standardization and
aggregation of data from administrative reporting
systems described in subparagraph (A) of employment-
related programs;
(F) analysis of data and information described in
subparagraphs (A) and (B) for uses such as--
(i) national, State, and local
policymaking;
(ii) implementation of Federal policies
(including allocation formulas);
(iii) program planning and evaluation; and
(iv) researching labor market dynamics;
(G) wide dissemination of such data and
information, and such analysis of such data and
information, in a user-friendly manner and voluntary
technical standards for mechanisms for such
dissemination; and
(H) programs of--
(i) training for effectively disseminating
data and information as described in
subparagraph (G); and
(ii) research and demonstration to further
the objectives of this section.
(3) Information to be confidential.--
(A) In general.--No officer or employee of the
Federal Government or agent of the Federal Government
may--
(i) use any submission that is furnished
for exclusively statistical purposes under the
provisions of this section for any purpose
other than the statistical purposes of this
section for which the submission is furnished;
(ii) make any publication or media
transmittal of the data contained in the
submission described in clause (i) that permits
information concerning individual subjects to
be reasonably inferred by either direct or
indirect means; or
(iii) permit anyone other than a sworn
officer, employee, or agent of any Federal
department or agency, or a contractor
(including an employee of a contractor) of such
department or agency, to examine an individual
submission described in clause (i),
without the consent of the individual, agency, or other
person who is the subject of the submission or provides
that submission.
(B) Immunity from legal process.--Any submission
(including any data derived from the submission) that
is collected and retained by a Federal department or
agency, or an officer, employee, agent, or contractor
of such a department or agency, for exclusively
statistical purposes under this section shall be immune
from the legal process and shall not, without the
consent of the individual, agency, or other person who
is the subject of such submission or provides that
submission, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
(C) Rule of construction.--Nothing in this section
shall be construed to provide immunity from the legal
process for such submission (including any data derived
from the submission) if the submission is in the
possession of any person, agency, or entity other than
the Federal Government or an officer, employee, agent,
or contractor of the Federal Government, or if the
submission is independently collected, retained, or
produced for purposes other than the purposes of this
section.
(b) System Responsibilities.--
(1) In general.--The nationwide employment statistics
system under this section shall be planned, administered,
overseen, and evaluated through a cooperative governance
structure involving the Federal Government and States.
(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of labor employment
statistics for the nationwide employment statistics system
under this section, shall carry out the following duties:
(A) Assign responsibilities within the Department
of Labor to carry out the nationwide employment
statistics system under this section to ensure that all
statistical and administrative data collected is
consistent with appropriate Bureau of Labor Statistics
standards and definitions.
(B) Actively seek the cooperation of other Federal
agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the
development and operation of statistical and
administrative data collection activities.
(C) Eliminate gaps and duplication in statistical
undertakings, including by establishing the
systemization of wage surveys as an early priority of
such Secretary in carrying out this paragraph.
(D) In collaboration with the Bureau of Labor
Statistics and States, develop and maintain the
nationwide employment statistics system under this
section, 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)(2).
(E) Establish procedures for the nationwide
employment statistics system under this section to
ensure that--
(i) such data and information are timely;
(ii) paperwork and reporting for such
system are reduced to a minimum; and
(iii) States and localities are fully
involved in the development and continuous
improvement of such system at all levels.
(c) National Electronic Tools To Provide Services.--The Secretary
is authorized to assist the States in the development of national
electronic tools that may be used to facilitate the delivery of adult
training services and to provide workforce information to individuals
through the one-stop delivery system described in section 231 and
through other appropriate delivery systems.
(d) Coordination With the States.--The Secretary, working through
the head of the Bureau of Labor Statistics and the Employment and
Training Administration, shall regularly consult with representatives
of State boards regarding strategies for improving the nationwide
employment statistics system under this section.
(e) State Responsibilities.--
(1) In general.--In order to receive Federal financial
assistance to carry out this section, the State board shall--
(A) be responsible for the management of the
portions of the nationwide employment statistics system
under this section that comprise a statewide employment
statistics system;
(B) establish a process for the oversight of such
statewide employment statistics system;
(C) consult with State and local employers,
participants, and local boards about the labor market
relevance of the data to be collected and disseminated
through such statewide employment statistics system and
identify needs resulting from such consultation;
(D) consult with State educational agencies and
local educational agencies concerning the provision of
employment statistics in order to meet the needs of
secondary school students and students at an
institution of higher education who seek such
information;
(E) collect, and disseminate on behalf of the State
and localities in the State, the information and data
described in subparagraphs (A) and (B) of subsection
(a)(2); and
(F) perform contract and grant responsibilities for
data collection, analysis, and dissemination for such
statewide employment statistics system.
(2) Rule of construction.--Nothing in this section shall be
construed as limiting the ability of a State to conduct
additional data collection, analysis, and dissemination
activities with State funds or with Federal funds from sources
other than this section.
SEC. 320. CONFORMING AMENDMENT RELATING TO H-1B NONIMMIGRANT PETITIONER
ACCOUNT.
Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)) is amended by striking ``remain available'' and all that
follows through the end and inserting ``be used and allotted by the
Secretary of Labor to the States as described in subparagraphs (A)(ii)
and (B) of section 312(c)(1) of the CAREER Act.''.
SEC. 321. AMENDMENTS TO THE TRADE ACT OF 1974.
(a) Petitions.--Section 221(a) of the Trade Act of 1974 (19 U.S.C.
2271(a)) is amended--
(1) in paragraph (1)(C), by striking ``, one-stop
operators'' and all that follows through ``a State dislocated
worker unit,'' and inserting ``, one-stop operators (as defined
in section 101 of the CAREER Act), or State employment security
agencies,''; and
(2) in paragraph (2), by striking ``shall--'' and all that
follows through ``(B) assist'' and inserting ``shall assist''.
(b) Group Eligibility Determinations.--Section 222(d)(2)(A)(iv) of
the Trade Act of 1974 (19 U.S.C. 2272(d)(2)(A)(iv)) is amended by
striking ``or one-stop partners'' and all that follows through
``Workforce Innovation and Opportunity Act)'' and inserting ``(as
defined in section 101 of the CAREER Act)''.
(c) Training Services.--Section 236 of the Trade Act of 1974 (19
U.S.C. 2296) is amended--
(1) in subsection (a)(5)--
(A) in subparagraph (B), by striking ``provided by
a State pursuant to title I of the Workforce Innovation
and Opportunity Act'' and inserting ``provided by a
State pursuant to title III of the CAREER Act'';
(B) in subparagraph (C), by striking ``approved by
a private industry council established under section
102'' and inserting ``approved by a local workforce
investment board established under section 222 of the
CAREER Act''; and
(C) in the last sentence, by striking ``title I of
the Workforce Innovation and Opportunity Act'' and
inserting ``title III of the CAREER Act''; and
(2) by striking subsection (b).
(d) Job Search and Relocation Allowances.--
(1) Allowances.--Section 237 of the Trade Act of 1974 (19
U.S.C. 2297) is amended to read as follows:
``SEC. 237. SUPPLEMENTAL SERVICES.
``Each State, using the funds distributed to the State under
section 236(a), shall designate a portion for supplemental services
described in section 316 of the CAREER Act and distribute the portion
to the State board under section 313(b)(2) of that Act.''.
(2) Repeal.--Section 238 of the Trade Act of 1974 (19
U.S.C. 2298) is repealed.
(3) Clerical amendment.--The table of contents for the
Trade Act of 1974 is amended by striking the items relating to
sections 237 and 238 and inserting the following:
``Sec. 237. Supplemental services.''.
(e) Agreements With States.--Section 239 of the Trade Act of 1974
(19 U.S.C. 2311) is amended--
(1) in subsection (f), by striking ``of this Act'' and all
that follows through ``Opportunity Act'' and inserting ``of
this Act and under title III of the CAREER Act''; and
(2) by striking subsection (h).
(f) Authorization of Appropriations.--Section 245(b) of the Trade
Act of 1974 (19 U.S.C. 2317(b)) is amended by striking ``sections 235
through 238'' and inserting ``sections 235 through 237''.
SEC. 322. CONFORMING AMENDMENTS RELATING TO THE TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES PROGRAM.
(a) Authority To Transfer TANF State Family Assistance Grant.--
Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is
amended--
(1) in paragraph (3)(A), by inserting ``or (4)'' after
``(1)''; and
(2) by adding at the end the following:
``(4) Authority to transfer state family assistance grant
for worker training services and activities.--A State may use
up to 100 percent of the amount of any grant made to the State
under section 403(a)(1) for a fiscal year to carry out worker
training services and activities under subtitle A of title III
of the CAREER Act.''.
(b) Welfare-to-Work Requirements.--Section 403(a)(5) of the Social
Security Act (42 U.S.C. 603(a)(5)) is amended--
(1) in subparagraph (A)(ii)(I)--
(A) in item (cc), by striking the semicolon and
inserting ``, which may be satisfied through
consultation with local boards, as defined in section
101 of the CAREER Act;''; and
(B) in item (dd), by striking ``Governor of'' and
all that follows through ``service delivery area'' and
inserting ``Governor of the State that the State board
and local board, as such terms are defined in section
101 of the CAREER Act, will coordinate the expenditure
of any funds provided under this subparagraph for the
benefit of the local area involved''; and
(2) in subparagraph (C)(i)(VII), by striking ``vocational
educational'' and inserting ``career and technical education''.
(c) Work Activities.--Section 407 of the Social Security Act (42
U.S.C. 607) is amended--
(1) in subsection (c)(2)(D), by striking ``vocational
educational training'' and inserting ``career and technical
education''; and
(2) in subsection (d)--
(A) in paragraph (5), by inserting before the
semicolon the following: ``, including on-the-job
training provided under subtitle A of title III of the
CAREER Act'';
(B) in paragraph (6), by inserting before the
semicolon the following: ``, including job search and
job readiness assistance provided under subtitle A of
title III of the CAREER Act'';
(C) in paragraph (8) by striking ``vocational
educational training'' and inserting ``career and
technical education, including career and technical
education provided under subtitle A of title III of the
CAREER Act'';
(D) in paragraph (9), by inserting before the
semicolon the following: ``, including such training
provided under subtitle A of title III of the CAREER
Act''; and
(E) in paragraph (10), by inserting before the
semicolon the following: ``, including such education
provided under subtitle A of title III of the CAREER
Act''.
(d) Other Amendments.--
(1) Data collection.--Section 411(a)(1)(A)(xi)(VII) of the
Social Security Act (42 U.S.C. 611(a)(1)(A)(xi)(VII)) is
amended by striking ``vocational education'' and inserting
``career and technical education''.
(2) Definition of minor child.--Section 419(2)(B) of the
Social Security Act (42 U.S.C. 619(2)(B)) is amended by
striking ``vocational or technical training'' and inserting
``career and technical education''.
SEC. 323. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008.
(a) Conditions of Participation.--Section 6(d) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended--
(1) in paragraph (1)(A)(ii), by striking ``established
under paragraph (4)'' and inserting ``administered or approved
by the applicable State''; and
(2) in paragraph (4)--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E),
and (F) as subparagraphs (A), (B), (C), and (D),
respectively;
(C) in subparagraph (A) (as so redesignated), by
inserting ``administered or approved by the State''
after ``training program'';
(D) in subparagraph (C) (as so redesignated), by
striking ``subparagraph (D) in one or more employment
and training programs under this paragraph'' and
inserting ``subparagraph (B) in one or more employment
and training programs administered or approved by the
State'';
(E) in subparagraph (D) (as so redesignated)--
(i) in clause (i), by striking ``carried
out under this paragraph'' and inserting
``administered or approved by the State'';
(ii) in clause (ii), by striking ``any
hours worked in another program carried out
under section 20 and''; and
(iii) in clause (iii), by striking ``a
program under this paragraph'' and inserting
``an employment and training program
administered or approved by the State'';
(F) by striking subparagraphs (G) through (K);
(G) by redesignating subparagraph (L) as
subparagraph (E); and
(H) by striking subparagraph (M).
(b) Students.--Section 6(e) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(e)) is amended by striking paragraph (3) and inserting
the following:
``(3) is assigned to, or placed in, an institution of
higher education through, or in compliance with, the
requirements of a training program that is administered or
approved by the State, including a program of worker training
services and activities under the CAREER Act;''.
(c) Work Requirement.--Section 6(o) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(o)) is amended by striking paragraph (1) and
inserting the following:
``(1) Definition of work program.--In this subsection, the
term `work program' means a program of employment and training
operated or supervised by a State or political subdivision of a
State that meets standards approved by the Governor of the
State, other than a job search program or a job search training
program.''.
Subtitle B--Worker Training for Disadvantaged Youth
CHAPTER 1--DISADVANTAGED YOUTH
SEC. 331. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to provide youth training
services under this chapter to disadvantaged youth--
(1) $2,055,387,042 for fiscal year 2016;
(2) $2,075,459,042 for fiscal year 2017;
(3) $2,097,359,042 for fiscal year 2018;
(4) $2,121,088,042 for fiscal year 2019; and
(5) $2,142,989,042 for fiscal year 2020.
SEC. 332. ALLOTMENT OF FUNDS FOR YOUTH TRAINING SERVICES.
(a) Secretary's Reserve.--
(1) Reservation.--Each fiscal year, the Secretary shall
reserve not more than 2.5 percent of the amount appropriated
under section 331 for that fiscal year. The Secretary shall use
the reserved amount to award contracts, on a competitive basis,
to eligible entities as described in section 241 to provide
youth training services to disadvantaged youth under section
334.
(2) Application.--
(A) In general.--To be eligible to receive a
contract under this subsection, an 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) a request for the contract, specifying
the amount of funds requested and the proposed
uses for the funds;
(ii) a description of the applicant and a
statement of its qualifications;
(iii) the entity's levels of performance on
all performance indicators and all required
statistics, under section 402, for prior
programs carried out under this chapter;
(iv) a description of the services that
will be provided to participants, and how those
services will prepare disadvantaged youth for
employment; and
(v) information indicating that the entity
meets any other criteria the Secretary shall
establish.
(3) 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, concerning
whether the application is approved or not approved.
(4) Powers of secretary.--The Secretary may issue
regulations to carry out this subsection.
(b) Outlying Areas.--
(1) Reservation.--From the amount appropriated under
section 331 for each fiscal year, the Secretary shall reserve
not more than--
(A) 0.07 percent for Guam;
(B) 0.03 percent for American Samoa;
(C) 0.04 percent for the Commonwealth of the
Northern Mariana Islands;
(D) except as described in section 101(24), 0.015
percent for the Republic of Palau; and
(E) 0.035 percent for the United States Virgin
Islands.
(2) Use of funds.--Each outlying area receiving funds under
this subsection shall use the funds to provide youth training
services to disadvantaged youth under section 334.
(3) Powers of secretary.--The Secretary may issue
regulations under this subsection.
(c) States.--
(1) Authorization.--After determining the amounts to be
reserved under subsections (a) and (b), the Secretary shall
allot the remainder of the amount appropriated under section
331 for that fiscal year to the States under paragraph (2).
Each State receiving an allotment under this subsection shall
use the funds made available through the allotment, and not
reserved or retained under section 333, to provide youth
training services to disadvantaged youth under section 334.
(2) Formula for allotting funds to states.--
(A) Formula.--Subject to subparagraph (B), of the
remainder--
(i) 14 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) 14 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;
(iii) 30 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;
(iv) 30 percent shall be allotted on the
basis of the relative number of individuals
ages 15 through 19 in the State, compared to
the total number of individuals ages 15 through
19 in all States; and
(v) 12 percent shall be allotted on the
basis of the relative number of individuals
ages 20 through 24 in the State, compared to
the total number of individuals ages 20 through
24 in all States.
(B) Minimum allotments.--In making allotments under
this subsection, the Secretary shall ensure the
following:
(i) Fiscal year 2016.--For fiscal year
2016, the Secretary shall ensure that no State
receives an allotment in an amount that is less
than 90 percent of the combined amount the
State received for fiscal year 2015 under
section 127(b)(1)(C) of the Workforce
Investment Act of 1998 (29 U.S.C.
2852(b)(1)(C)), as in effect on June 30, 2015,
and section 111 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2321), as in effect on such date.
(ii) Subsequent fiscal years.--For fiscal
year 2017 and each subsequent fiscal year, the
Secretary shall ensure that no State receives
an allotment for the fiscal year involved in an
amount that is less than 90 percent of the
allotment the State received for the prior
fiscal year under this paragraph.
SEC. 333. WITHIN STATE ALLOCATION.
(a) Governor's Reserve.--From the amount allotted to a State under
section 332(c)(2) for a fiscal year, the Governor of the State shall
reserve not more than 12.25 percent. The Governor shall use the
reserved amount to award contracts, on a competitive basis, to eligible
entities as described in section 241 to provide youth training services
to disadvantaged youth under section 334.
(b) Distribution of Funds to State Boards.--The Governor shall
distribute to the State board the amount allotted to the State under
section 332(c)(2) and not reserved under subsection (a).
(c) Administrative Costs of State Boards.--Each State board may
retain not more than 2.5 percent of the funds the State board receives
under subsection (b), for the administrative costs of the State board
in carrying out this subtitle.
(d) Allocation of Funds to Local Boards.--
(1) Allocations.--The State board shall allocate the funds
distributed to the State board under subsection (b) and not
retained under subsection (c) to local boards for the provision
of youth training services to disadvantaged youth under section
334.
(2) Administrative costs of local boards.--Each local board
may retain not more than 5 percent of the funds the local board
receives under this subsection, for the administrative costs of
the local board in carrying out this subtitle.
(3) Local board funds for youth training services.--The
local board shall use the funds allocated to the local board
under paragraph (1) and not retained under paragraph (2) to
award contracts, on a competitive basis, to eligible entities
as described in section 241 to provide youth training services.
The local board shall ensure the services are provided in
accordance with the State plan submitted and approved under
section 212.
SEC. 334. YOUTH TRAINING SERVICES.
(a) Youth Training Services.--Youth training services provided
under this chapter are any services designed to promote literacy,
educational attainment (including through a secondary school or
institution of higher education), work-related skills, employment,
employment retention, and higher wages, among disadvantaged youth,
including--
(1) individual assessment;
(2) job search and placement assistance;
(3) work experience and skills training, including through
an industry-sector partnership;
(4) occupational skills training, including career and
technical education;
(5) other paid and unpaid work experiences, including
internships and job shadowing;
(6) services and activities designed to meet the
educational needs of participants, including--
(A) basic skills instruction and remedial
education;
(B) language instruction educational programs for
individuals with limited English proficiency;
(C) secondary education services and activities,
including classroom instruction, tutoring, study skills
training, and dropout prevention activities, designed
to lead to the attainment of a secondary school diploma
or other State-recognized equivalent (including
performance on recognized alternative standards for
individuals with disabilities);
(D) counseling and assistance in obtaining
education at an institution of higher education and
required financial aid; and
(E) alternative secondary school services;
(7) counseling services and related activities, such as
comprehensive guidance and counseling on drug and alcohol abuse
and related referral;
(8) supportive services and provision of need-based
stipends necessary to enable individuals to participate in the
program of services described in this subsection and receive
supportive services to assist individuals, for a period not to
exceed 12 months after the completion of the training involved,
in obtaining or retaining employment, or applying for and
transitioning to postsecondary education;
(9) job retention services; and
(10) followup services.
(b) Order of Selection for Youth Training Services.--In the event
that the youth training services cannot be provided to all eligible
individuals in the State who apply for the services, the State plan
shall--
(1) show the order to be followed in selecting eligible
individuals to be provided the youth training services;
(2) provide the justification for the order of selection;
and
(3) include an assurance that individuals who are eligible
veterans, homeless individuals, individuals in foster care, and
individuals who have a disability or are blind as determined
pursuant to title II or title XVI of the Social Security Act
(42 U.S.C. 401 et seq. and 1381 et seq.) will be selected
first, second, third, and fourth, respectively, for the
provision of youth training services.
(c) Prohibition on 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--
(1) the curriculum, standards, program of instruction,
administration, or personnel of any educational institution,
school, or school system; or
(2) the selection of library resources, textbooks, or other
printed or published instructional materials by any educational
institution, school, or school system.
CHAPTER 2--JOB CORPS
SEC. 341. PURPOSES.
The purposes of this chapter 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 chapter; and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continuing
development of the Job Corps.
SEC. 342. DEFINITIONS.
In this chapter:
(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) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship 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.).
(4) 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.
(5) 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.
(6) 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.
(7) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 343.
(8) Job corps center.--The term ``Job Corps center'' means
a center described in section 347.
(9) Operator.--The term ``operator'' means an entity
selected under this chapter to operate a Job Corps center.
(10) 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.
(11) Region.--The term ``region'' means an area defined by
the Secretary.
(12) Service provider.--The term ``service provider'' means
an entity selected under this chapter to provide services
described in this chapter to a Job Corps center.
SEC. 343. ESTABLISHMENT.
There shall be within the Department of Labor a ``Job Corps''.
SEC. 344. 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, 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. 345. 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
described in section 359(c)(1) for the performance
indicators described in section 402(b)(2), and whether
any actions have been taken with respect to such center
pursuant to paragraphs (2) and (3) of section 359(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. 346. 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 348(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 342(6), 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. 347. 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 chapter 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 chapter 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
354(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
chapter 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
performance indicators described in
section 402(b)(2); 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 consist of 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 354(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 chapter or subtitle C of title I of
the Workforce Investment Act of 1998, as in effect on
June 30, 2015, and as appropriate, the entity's
demonstrated effectiveness in assisting individuals in
achieving the performance indicators described in
section 402(b)(2).
(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 investment 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 359(a).
(G) A description of the steps to be taken to
control costs in accordance with section 359(a)(3).
(H) A detailed budget of the activities that will
be supported using funds under this chapter 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 352(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 359(c)(1) and, with respect
to each of the performance indicators described in
section 402(b)(2)--
(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 359(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
359(c) and the application of the performance indicators
described in section 402(b)(2), 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 chapter. 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.--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.--The Secretary may enter into agreements with
Indian tribes to operate Job Corps centers for Indians.
(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 359(c)(1) with respect to each of the
performance indicators described in section 402(b)(2).
(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 359(f)(2);
(B) that the performance is due to circumstances
beyond the control of the entity, such as an emergency
or disaster;
(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.
(5) Emergency or disaster.--For purposes of paragraph
(2)(B), 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.
SEC. 348. 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 services or
activities described in section 314 or 334.
(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 selected under section 241.
(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
359(c)(1) for each of the performance indicators
described in section 402(b)(2).
(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. 349. 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 chapter. 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 chapter are met.
(d) Services to Former Enrollees.--The Secretary may provide such
services as the Secretary determines to be appropriate under this
chapter to former enrollees.
SEC. 350. 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. 351. 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. 352. 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 345(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. 353. 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 worker
training services and activities; 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. 354. 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 as determined under section
222(c), 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. 355. 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. 356. 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 chapter 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
362 (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 chapter;
(B) in meeting or exceeding the expected levels of
performance under section 359(c)(1) for the performance
indicators described in section 402(b)(2); and
(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 347(a)(3).
SEC. 357. 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. 358. 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 345.
(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 347.
(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
chapter.
(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. 359. 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 chapter 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 Performance Indicators.--
(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 performance indicators described in section 402(b)(2).
(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 levels of performance on the performance indicators,
for career transition service providers serving the Job Corps
program. The performance indicators shall relate to--
(A) the performance indicators described in section
402(b)(2); 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 352(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 345(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 State quarterly wage records in a
manner 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 performance indicators 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.
(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 chapter 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)w, 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.
(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. 360. 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 357(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
chapter--
(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 chapter, 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. 361. 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 chapter. 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 effective date of this title, 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 chapter
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.--
(1) In general.--Every 5 years after the effective date of
this title, the Secretary shall provide for a third-party
review of the Job Corps program under this chapter that
addresses--
(A) the general effectiveness of such program in
relation to its cost, including the extent to which the
program--
(i) improves the employment competencies of
participants in comparison to comparably
situated individuals who did not participate in
such program; and
(ii) to the extent feasible, increases the
level of total employment over the level that
would have existed in the absence of such
program;
(B) the effectiveness of the performance indicators
described in section 402(b)(2) and expected levels of
performance described in section 359(c)(1), relating to
such program;
(C) the effectiveness of the structure and
mechanisms for delivery of services through such
program, including the coordination and integration of
services through such program;
(D) the impact of such program on the community,
businesses, and participants involved;
(E) the impact of such program on related programs
and activities;
(F) the extent to which such program meets the
needs of various demographic groups; and
(G) such other factors as may be appropriate.
(2) Submission.--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 6
months after the effective date of this title, the Secretary shall
establish written criteria that the Secretary shall use to determine
when a Job Corps center supported under this chapter 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 on
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 on
Appropriations of the Senate.
SEC. 362. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this chapter--
(1) $1,818,548,000 for fiscal year 2016;
(2) $1,856,283,000 for fiscal year 2017;
(3) $1,897,455,000 for fiscal year 2018;
(4) $1,942,064,000 for fiscal year 2019; and
(5) $1,983,236,000 for fiscal year 2020.
Subtitle C--Worker Training for Individuals With Disabilities
SEC. 371. DECLARATION OF PURPOSE AND POLICY.
(a) Findings.--Congress finds that--
(1) work is a valued activity, both for individuals and
society;
(2) as a group, individuals with disabilities experience
high levels of unemployment and poverty;
(3) individuals with disabilities, including individuals
with the most significant disabilities, have demonstrated their
ability to achieve gainful employment in integrated settings;
and
(4) the provision of vocational rehabilitation services can
enable individuals with disabilities, including individuals
with the most significant disabilities, to pursue meaningful
careers.
(b) Purpose.--The purpose of this subtitle is to assist States in
operating programs to provide vocational rehabilitation services and
information and referral services for individuals with disabilities so
that such individuals may prepare for and engage in gainful employment.
(c) Policy.--It is the policy of the United States that such a
program shall be carried out in a manner consistent with the following
principles:
(1) Individuals with disabilities, including individuals
with the most significant disabilities, shall generally be
presumed to be capable of engaging in gainful employment and
benefitting from the provision of individualized vocational
rehabilitation services in terms of improving their ability to
become gainfully employed.
(2) Individuals with disabilities shall be provided the
opportunities to obtain gainful employment in integrated
settings.
(3) Individuals who are applicants for programs of
vocational rehabilitation services or eligible to participate
in such programs shall be active and full partners in the
vocational rehabilitation process, making meaningful and
informed choices.
(4) Families and other natural supports can play important
roles in the success of a program of vocational rehabilitation
services, if the individual with a disability involved
requests, desires, or needs such supports.
(5) Accountability measures shall facilitate the
accomplishment of the goals and objectives of the program,
including providing vocational rehabilitation services to,
among others, individuals with the most significant
disabilities.
SEC. 372. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For each of fiscal years 2016 through 2020, the
sum of the amounts made available under subsections (b) and (c) for
that year shall be used for the purposes of providing vocational
rehabilitation services and information referral services under section
375 to individuals with disabilities who satisfy the eligibility
criteria specified in section 374.
(b) Mandatory Funding.--
(1) Fiscal year 2016.--Subject to section 373(e), for the
purposes described in subsection (a), there is authorized to be
appropriated and there is appropriated for fiscal year 2016 the
amount of the appropriation under section 100(b)(1) of the
Rehabilitation Act of 1973 (29 U.S.C. 720(b)(1)), as in effect
on the day before the effective date of this title, for fiscal
year 2015, increased by the percentage change in the Consumer
Price Index determined under section 100(c) of that Act (29
U.S.C. 720(c)), as in effect on that day.
(2) Succeeding years.--Subject to section 373(e), for the
purposes described in subsection (a), there is authorized to be
appropriated and there is appropriated for fiscal year 2017 and
each succeeding fiscal year the amount of the appropriation
under this subsection for the immediately preceding fiscal
year, increased by the percentage change in the Consumer Price
Index, as so determined.
(c) Discretionary Funding.--There is authorized to be appropriated
to carry out this subtitle--
(1) $54,466,000 for fiscal year 2016;
(2) $51,056,000 for fiscal year 2017;
(3) $52,162,000 for fiscal year 2018;
(4) $53,360,000 for fiscal year 2019; and
(5) $54,466,000 for fiscal year 2020.
SEC. 373. GRANTS TO STATES.
(a) Grants.--Subject to subsection (e), the Secretary shall make
grants to eligible States, from allotments made under subsection (b),
to enable the States to provide vocational rehabilitation services and
information and referral services, consistent with section 375, to
individuals with disabilities who satisfy the eligibility criteria
specified in section 374. The Secretary shall make such a grant to the
State board of each eligible State.
(b) Allotment of Funds to States.--
(1) Fiscal year 2016.--For fiscal year 2016, the Secretary
shall allot to each State an amount that bears the same
relationship to the total funds made available under section
372 for that year as the amount the State received under
section 110 of the Rehabilitation Act of 1973 (29 U.S.C. 730),
as in effect on the day before the effective date of this
title, for fiscal year 2015 bears to the total amount all
States received under that section 110 for fiscal year 2015.
(2) Fiscal years 2017-2020.--
(A) In general.--Subject to subparagraph (B), for
each of fiscal years 2017 through 2020, the Secretary
shall allot to each State an amount that bears the same
relationship to the total funds made available under
section 372 for that year as the number of unemployed
individuals with disabilities (as reported in the
American Community Survey of the Bureau of the Census)
in that State bears to the total number of such
individuals (as so reported) in all States.
(B) Limitation.--No State shall receive an
allotment under subparagraph (A) for a fiscal year in
an amount that is less than 90 percent of the amount of
the allotment the State received under this subsection
for the prior fiscal year.
(c) Within State Allocation.--Each State board shall allocate the
funds made available under subsection (a) and not reserved under
subsection (d), along with the contributions provided by the State
under subsection (e), to local boards, according to criteria included
in a State plan submitted and approved under section 212. The local
board shall use the funds and contributions to award contracts, on a
competitive basis, to eligible entities as described in section 241 to
provide vocational rehabilitation services and information and referral
services.
(d) Limitation on Uses of Funds for Administrative Costs.--Of the
funds made available to a State under this section for a fiscal year,
not more than 10 percent may be used for administrative costs by the
State boards and local boards in the State.
(e) Matching Requirement.--To be eligible to receive funds
described in section 372(b) through a grant made under this section,
the State shall agree that, with respect to the costs to be incurred by
the State in providing the services for which the grant was awarded,
the State will make available non-Federal contributions. The State
shall make the contributions in an amount equal to not less than $27
for every $100 of funds described in section 372(b) and provided under
the grant. The State may make the contributions directly or through
donations from public or private entities.
SEC. 374. ELIGIBLE POPULATION.
(a) Eligibility.--
(1) Criteria for eligibility.--An individual is eligible
for services under this subtitle if the individual--
(A) is an individual with a disability;
(B) can benefit in terms of an employment outcome
from services authorized under this subtitle; and
(C) requires services authorized under this
subtitle to prepare for, secure, retain, or regain
employment.
(2) Presumption of eligibility.--
(A) Determination.--For purposes of this section,
an individual shall be presumed to be an individual
that can benefit in terms of an employment outcome from
services under this subtitle. The State may deny
services under this subtitle to an individual who meets
the eligibility criteria of subparagraphs (A) and (C)
of paragraph (1) only if the State can demonstrate by
clear and convincing evidence that such individual is
incapable of benefitting in terms of an employment
outcome from the services authorized under this
subtitle due to the severity of the disability of the
individual.
(B) Timeframe for making an eligibility
determination.--The State shall determine whether an
individual is eligible for services under this subtitle
within a reasonable period of time, not to exceed 60
days, after the individual has submitted an application
for the services, unless--
(i) exceptional and unforeseen
circumstances beyond the control of the State
preclude making an eligibility determination
within those 60 days and the State and the
individual agree to a specific extension of
time; or
(ii) the State is exploring an individual's
abilities, capabilities, and capacity to
perform in work situations.
(C) Appeal.--Each State board shall establish a
process for an individual to challenge an assessment
that the individual is incapable of benefitting in
terms of an employment outcome from the services
authorized under this subtitle due to the severity of
the disability of the individual.
(b) Powers of the Secretary.--The Secretary may issue regulations
under this section.
SEC. 375. VOCATIONAL REHABILITATION SERVICES AND INFORMATION AND
REFERRAL SERVICES.
(a) Vocational Rehabilitation Services.--
(1) Eligible services.--Vocational rehabilitation services
provided under this subtitle are any services necessary to
assist an individual with a disability in preparing for,
securing, retaining, or regaining an employment outcome,
consisting of--
(A) the adult training services listed in section
315;
(B) job-related services, including individual
assessment, counseling, guidance, job search and
placement assistance, job retention services, follow-up
services, and follow-along services;
(C) vocational and other training services,
including the provision of personal and vocational
adjustment services, books, tools, and other training
materials;
(D) diagnosis and treatment of physical and mental
impairments;
(E) transportation, including adequate training in
the use of public transportation vehicles and systems,
that is provided in connection with the provision of
any other service described in this section and needed
by the individual to achieve an employment outcome;
(F) on-the-job or other related personal assistance
services provided while an individual is receiving
other services described in this section;
(G) interpreter services provided by qualified
personnel for individuals who are deaf or hard of
hearing, and reader services for individuals who are
determined to be blind;
(H) rehabilitation technology, including
telecommunications, sensory, and other technological
aids and devices;
(I) transition services for students with
disabilities, that facilitate the achievement of
positive employment outcomes;
(J) supported employment services;
(K) specific postemployment services necessary to
assist an individual with a disability to retain,
regain, or advance in employment; and
(L) any other services necessary to assist an
individual with a disability in preparing for,
securing, retaining, or regaining an employment
outcome.
(2) Order of selection for vocational rehabilitation
services.--In the event that the vocational rehabilitation
services cannot be provided to all eligible individuals with
disabilities in the State who apply for the services, the State
plan shall--
(A) show the order to be followed in selecting
eligible individuals to be provided the vocational
rehabilitation services;
(B) provide the justification for the order of
selection; and
(C) include an assurance that, in accordance with
criteria established by the State for the order of
selection, individuals with the most significant
disabilities will be selected first for the provision
of the vocational rehabilitation services.
(b) Information and Referral Services.--
(1) In general.--The State shall ensure that individuals
with disabilities are appropriately referred to Federal and
State programs (other than the program carried out under this
subtitle), including other programs made available through the
statewide workforce investment system in the State.
(2) Referrals.--An appropriate referral made under
paragraph (1) shall be a referral to the Federal or State
program covered by paragraph (1) that is best suited to address
the specific employment needs of an individual with a
disability.
Subtitle D--Worker Training for Indians (Including Alaska Natives) and
Native Hawaiians
SEC. 381. WORKER TRAINING FOR INDIANS (INCLUDING ALASKA NATIVES) AND
NATIVE HAWAIIANS.
(a) Purpose.--
(1) In general.--The purpose of this section is to support
worker training activities described in subsection (c) for
Indian (including 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
(C) to promote the economic and social development
of Indian (including Alaska Native) and Native Hawaiian
communities in accordance with the goals and values of
such communities.
(2) Indian policy.--All programs of activities 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) Competitive Grants, Contracts, and Cooperative Agreements.--The
Secretary shall use funds appropriated under subsection (j) for
programs that provide worker training activities under subsection (c),
by providing grants on a competitive basis to, or entering into
contracts or cooperative agreements on a competitive basis with, any of
the following entities:
(1) Indian tribes.
(2) Tribal organizations.
(3) Alaska Native entities.
(4) Indian-controlled organizations serving Indians.
(5) Native Hawaiian organizations.
(6) Institutions of higher education.
(7) Tribally controlled postsecondary career and technical
education institutions.
(8) United Tribes Technical College.
(9) Navajo Technical University.
(10) Nonprofit organizations.
(c) Authorized Worker Training Activities.--
(1) In general.--An entity receiving funds made available
through a grant, contract, or cooperative agreement under
subsection (b) shall use such funds for comprehensive worker
training activities listed in paragraph (2) for Indians
(including Alaska Natives) and Native Hawaiians.
(2) Activities.--The comprehensive worker training
activities described in this subsection shall include--
(A) activities related to--
(i) skills assessment;
(ii) job skills and readiness training;
(iii) on-the-job training;
(iv) job development and placement;
(v) educational attainment, including
attainment of literacy, remedial, and
postsecondary education and career and
technical education;
(vi) vocational rehabilitation, as
described in section 375(a);
(vii) enabling program participation and
preparing for, obtaining, and retaining
employment or educational opportunities; and
(viii) other activities the Secretary
determines will promote education and
employment of Indians (including Alaska
Natives) or Native Hawaiians; and
(B) services to supplement the activities described
in subparagraph (A) for youth who are Indians
(including Alaska Natives) or Native Hawaiians.
(d) Nonduplicative and Nonexclusive Services.--This section shall
not be construed to--
(1) limit the eligibility of any entity described in
subsection (b) to participate in any activity offered by a
State or local entity under this Act; or
(2) preclude or discourage any agreement, between any
entity described in such subsection and any State or local
entity, to facilitate the provision of services by such entity
or to the population served by such entity.
(e) Advisory Council.--
(1) In general.--Using funds appropriated under subsection
(j) to carry out this section, the Secretary shall establish a
council to be known as the ``Native American Employment and
Training Council'' (referred to in this section as the
``Council''), to carry out the duties under paragraph (3).
(2) Composition.--The Council shall be composed of
individuals, appointed by the Secretary, who are
representatives of the entities described in subsection (b).
(3) Duties.--
(A) In general.--The Council shall advise the
Secretary on all aspects of the operation and
administration of the programs assisted under this
section.
(B) Technical assistance.--The Council may provide
technical assistance to entities that receive
assistance under this section to enable such entities
to improve their performance on the activities under
subsection (c).
(4) Personnel matters.--
(A) Compensation.--Members of the Council shall
serve without compensation. Notwithstanding section
1342 of title 31, United States Code, the Secretary may
accept the voluntary and uncompensated services of
members of the Council.
(B) 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, while away from their homes or regular places of
business in the performance of services for the
Council.
(C) Administrative support.--The Secretary shall
provide the Council with such administrative support as
may be necessary to perform the functions of the
Council.
(5) Chairperson.--The Council shall select a chairperson
from among its members.
(6) Meetings.--The Council shall have not fewer than 2
meetings each year.
(7) Application.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
(f) Agreement for Certain Indian Tribes To Transfer Funds to the
Program.--An 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.
(g) Compliance With Single Audit Requirements; Related
Requirement.--
(1) Single audit act.--Grants, contracts, and cooperative
agreements entered into under this section shall be subject to
the requirements of chapter 75 of title 31, United States Code
(commonly known as the ``Single Audit Act of 1984'').
(2) Costs.--The charging of costs under this section shall
be subject to appropriate circulars issued by the Office of
Management and Budget.
(h) Assistance to American Samoans in Hawaii.--Notwithstanding any
other provision of law, the Secretary is authorized to provide
assistance to American Samoa individuals who reside in Hawaii for the
co-location of federally funded and State-funded worker training
services and activities.
(i) Definition.--In this section, the term ``tribally controlled
postsecondary career and technical institution'' means an institution
of higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001), except that subsection (a)(2) of such
section shall not be applicable and the reference to Secretary in
subsection (a)(5) of such section shall be deemed to refer to the
Secretary of the Interior) that--
(1) is formally controlled, or has been formally sanctioned
or chartered, by the governing body of an Indian tribe or
Indian tribes;
(2) offers a technical degree or certificate granting
program;
(3) is governed by a board of directors or trustees, a
majority of whom are Indians;
(4) demonstrates adherence to stated goals, a philosophy,
or a plan of operation, that fosters individual Indian economic
and self-sufficiency opportunity, including programs that are
appropriate to stated tribal goals of developing individual
entrepreneurships and self-sustaining economic infrastructures
on reservations;
(5) has been in operation for at least 3 years;
(6) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting authority
for postsecondary career and technical education; and
(7) enrolls the full-time equivalent of not less than 100
students, of whom a majority are Indians.
(j) Authorization of Appropriations.--
(1) Mandatory funding.--
(A) Fiscal year 2016.--For the purpose of providing
funds under subsections (b) and (e), there is
authorized to be appropriated, and there is
appropriated, for fiscal year 2016 the amount of the
reservation under section 110(c) of the Rehabilitation
Act of 1973 (29 U.S.C. 730(c)), as in effect on the day
before the effective date of this title, for fiscal
year 2015, increased by the percentage change in the
Consumer Price Index, determined in a manner similar to
the determination under section 100(c) of such Act (29
U.S.C. 720(c)), as in effect on that day.
(B) Succeeding fiscal years.--For the purpose of
providing funds under subsections (b) and (e), there is
authorized to be appropriated, and there is
appropriated, for fiscal year 2017 and each succeeding
fiscal year the amount of the appropriation under this
subsection for the immediately preceding fiscal year,
increased by the percentage change in the Consumer
Price Index, as so determined.
(2) Discretionary funding.--There is authorized to be
appropriated to carry out this subtitle--
(A) $110,781,535 for fiscal year 2016;
(B) $111,821,535 for fiscal year 2017;
(C) $112,956,535 for fiscal year 2018;
(D) $114,186,535 for fiscal year 2019; and
(E) $115,322,535 for fiscal year 2020.
Subtitle E--Worker Training for Reintegration of Offenders
SEC. 391. REINTEGRATION OF OFFENDERS.
(a) Amending the Second Chance Act.--
(1) Eligible offenders.--Section 212(a) of the Second
Chance Act of 2007 (42 U.S.C. 17532(a)) is amended to read as
follows:
``(a) Eligible Offenders.--
``(1) Definitions.--In this section:
``(A) Eligible adult offender.--The term `eligible
adult offender' means an individual who--
``(i) is 18 years of age or older;
``(ii) has been convicted as an adult and
imprisoned under Federal or State law;
``(iii) has never been convicted of a
violent or sex-related offense; and
``(iv) has been released from a prison or
jail for not more than 180 days before the date
on which the individual begins participating in
a grant program carried out under this section.
``(B) Eligible offender.--The term `eligible
offender' means an individual who is an eligible adult
offender or an eligible youth offender.
``(C) Eligible youth offender.--The term `eligible
youth offender' means an individual who--
``(i) is not younger than 14 years of age
and not older than 24 years of age; and
``(ii) has been subject to any stage in the
juvenile justice system and has not been
subject to any stage in the adult justice
system.
``(2) Priority of service.--A grantee under this section
shall provide a priority of service in projects funded under
this section to eligible offenders who have been released from
a State correctional facility.''.
(2) Authority to make grants.--Section 212(b) of the Second
Chance Act of 2007 (42 U.S.C. 17532(b)) is amended by striking
``nonprofit organizations'' and inserting ``nonprofit
organizations, State boards (as defined in section 101 of the
CAREER Act), local boards (as so defined), or one-stop centers
(within the meaning of the term in section 231 of the CAREER
Act),''.
(3) Use of funds.--Section 212(c)(1) of the Second Chance
Act of 2007 (42 U.S.C. 17532(c)(1)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``a program for'' after ``may be used for'';
(B) in subparagraph (B)--
(i) by striking ``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))'' and inserting
``one-stop operators (as defined in section 101
of the CAREER Act)''; and
(ii) by striking ``section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C.
2864(c))'' and inserting ``section 231 of the
CAREER Act''.
(4) Application.--Section 212(d)(1) of the Second Chance
Act of 2007 (42 U.S.C. 17532(d)(1)) is amended--
(A) in subparagraph (A), by striking ``A nonprofit
organization'' and inserting ``An entity''; and
(B) in subparagraph (B)(iii), by striking ``local
workforce investment boards established under section
117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832))'' and inserting ``local boards (as defined in
section 101 of the CAREER Act)''.
(5) Performance outcomes.--Section 212(e) of the Second
Chance Act of 2007 (42 U.S.C. 17532(e)) is amended--
(A) in paragraph (1), by striking ``nonprofit
organization'' and inserting ``entity''; and
(B) in paragraph (2), by striking ``a nonprofit
organization'' and inserting ``an entity''.
(6) Reports.--Section 212(f) of the Second Chance Act of
2007 (42 U.S.C. 17532(f)) is amended by striking ``nonprofit
organization'' and inserting ``entity''.
(7) Authorization of appropriations.--Section 212(h) of the
Second Chance Act of 2007 (42 U.S.C. 17532(h)) is amended--
(A) by striking ``$20,000,000'' and inserting
``$80,078,000''; and
(B) by striking ``2009 and 2010'' and inserting
``2016 through 2020''.
(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.
TITLE IV--PERFORMANCE INDICATORS, FISCAL CONTROLS, AND ADMINISTRATIVE
PROVISIONS
SEC. 401. DEFINITION OF OTHER DIRECT RECIPIENT.
In this title, the term ``other direct recipient'' means each of
the following:
(1) An Indian tribe that receives a grant from, or enters
into a contract or cooperative agreement with, the Secretary
under this Act.
(2) An outlying area that receives funds under section
312(b) or 332(b).
(3) An entity that has received a grant under section
312(a) or 332(a).
(4) An entity described in section 347(a)(1) that has
entered into an agreement with the Secretary under section
347(a).
(5) An Indian entity listed in section 381(b) that receives
a grant from, or enters into a contract or cooperative
agreement with, the Secretary under section 381.
SEC. 402. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) Purpose.--The purpose of this section is to establish a
comprehensive performance accountability system, comprised of the
activities described in this section, to assess the effectiveness of
States, other direct recipients, and local areas in achieving
continuous improvement of worker training services and activities, in
order to optimize the return on investment of Federal funds in
statewide and local worker training services and activities.
(b) Required Statistics, Performance Indicators, and Demographic
Factors.--
(1) Required statistics for all programs.--For each covered
program providing worker training services and activities,
required statistics shall include--
(A) the number of individuals who enrolled in the
program;
(B) the number, and percentage, of individuals who
completed the program;
(C) the total cost of the program;
(D) the cost of the program, per individual who
enrolled in the program; and
(E) the cost of the program per individual who
completed the program.
(2) Required performance indicators for all programs.--For
each covered program providing worker training services and
activities, performance indicators shall include--
(A) entry, by individuals unemployed when enrolling
in the program, into unsubsidized employment that is
related to the service or activity;
(B) retention of unsubsidized employment 6 months
after entry into the employment, for individuals
unemployed when enrolling in the program;
(C) increase in wages 6 months after completion of
the program, for individuals employed when enrolling;
(D) attainment of a license or certification by
individuals participating in the program;
(E) attainment of an academic degree or recognized
equivalent by such individuals;
(F) attainment of basic skills and, as appropriate,
work readiness or occupational skills by such
individuals; and
(G) placement and retention of such individuals in
institutions of higher education, advanced training, or
an apprenticeship 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 certified by the State, or
placement and retention in military service.
(3) Required demographic factors for all programs.--For
each covered program providing worker training services and
activities, demographic factors shall include whether, at the
time the individual enrolls in the program, the individual--
(A) is an individual with a disability;
(B) is blind, as determined pursuant to title II or
title XVI of the Social Security Act (42 U.S.C. 401 et
seq. and 1381 et seq.);
(C) has attained a secondary school diploma or the
recognized equivalent of such diploma;
(D) has a degree from an institution of higher
education;
(E) is long-term unemployed, meaning--
(i) the individual has been unemployed for
not less than 27 consecutive weeks prior to
enrolling in a worker training service or
activity supported under this Act; or
(ii) the individual is a recipient of aid
under the supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
or the program of block grants to States for
temporary assistance for needy families
established under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(F) is a disadvantaged youth;
(G) is homeless;
(H) is an eligible adult offender, as defined in
section 212(a) of the Second Chance Act of 2007 (42
U.S.C. 17532(a)); and
(I) is an eligible youth offender, as defined in
such section.
(c) Annual Report.--
(1) Reporting requirements.--
(A) Reporting by programs.--
(i) Required reporting for all programs.--
At the end of each fiscal year, any local board
or entity carrying out a covered program
providing worker training services and
activities shall report all required statistics
described in subsection (b)(1) and information
indicating the level of performance on all
applicable performance indicators described in
subsection (b)(2) in accordance with the
process established by the State Board under
section 211(c)(6).
(ii) Disaggregation.--The required
statistics and information on the level of
performance on all performance indicators
included in the annual report shall be reported
in the aggregate and disaggregated by the
demographic factors described in subsection
(b)(3).
(iii) Submittal.--An entity shall submit
the information described in clauses (i) and
(ii)--
(I) in accordance with the process
established by the State board, under
section 211(c)(6), in the case of an
entity that receives the funds for the
covered program providing worker
training services and activities
through a grant, contract, or agreement
with a Governor of a State, State
board, local board, or one-stop
operator, or in the case of a local
board; or
(II) to the Secretary, consistent
with regulations promulgated by the
Secretary, in the case of any other
direct recipient.
(B) State board report.--By the last day of each
fiscal year, each State board shall compile a report
detailing the information received by the State board
under subparagraph (A)(iii)(I) and submit it to the
Secretary.
(2) Information dissemination.--The Secretary shall--
(A) make the information contained in the reports
under paragraph (1) available to the general public,
through publication and other appropriate methods;
(B) disseminate State-by-State comparisons of the
information; and
(C) submit the reports 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) State Levels of Performance and Sanctions.--
(1) State levels of performance.--
(A) State adjusted levels of performance for
performance indicators.--
(i) In general.--For each State board,
there shall be established, in accordance with
this subparagraph, levels of performance for
each of the performance indicators described in
subsection (b)(2). The levels of performance
established under this subparagraph shall, at a
minimum--
(I) be expressed in an objective,
quantifiable, and measurable form; and
(II) show the progress of the State
toward continuously improving in
performance.
(ii) Identification in state plan.--Each
State shall identify, in the State plan
submitted under section 212, expected levels of
performance for each of the performance
indicators described in subsection (b)(2) for
the years covered by the State plan.
(iii) Agreement on state adjusted levels of
performance.--In order to ensure an optimal
return on the investment of Federal funds in
worker training services and activities, the
Secretary and each Governor shall reach
agreement on levels of performance for the
State for each of the performance indicators
for all of the fiscal years covered by the
State plan. Such levels of performance shall be
established for all participants in a covered
program providing worker training services and
activities through the State, State board,
local board, or one-stop operator and
disaggregated by the demographic factors
described in subsection (b)(3). The levels
agreed to shall be considered to be the State
adjusted levels of performance for such years
and shall be incorporated into the State plan
prior to the approval of such plan.
(iv) Revisions.--If unanticipated
circumstances arise in a State, the Governor
may request that the State adjusted levels of
performance agreed to under clause (iii) be
revised. The Secretary shall issue objective
criteria and methods for making such revisions.
(B) Levels of performance for additional
indicators.--The State may, if the State chooses--
(i) select other performance indicators in
addition to the indicators required under
subsection (b)(2); and
(ii) identify in the State plan the State
levels of performance for such additional
performance indicators.
(2) Sanctions for state failure to meet state performance
measures.--
(A) Sanctions against states.--If a State fails to
meet the State adjusted levels of performance under
paragraph (1)(A) for a program for 2 consecutive fiscal
years, or if a State fails to submit a complete report
under subsection (c) for any fiscal year, the Secretary
may reduce by not more than 5 percent the amount of the
grant that would (in the absence of this paragraph) be
payable to the State under such program for the
immediately succeeding fiscal year. Any such penalty
for failure to meet the State adjusted levels of
performance shall be based on the degree of failure to
meet such State adjusted levels of performance.
(B) Funds resulting from reduced allotments.--The
Secretary shall use any amount retained as a result of
a reduction in an allotment to a State made under
subparagraph (A) to increase the allotments to all
other States under section 312(c)(2) in accordance with
such section.
(e) Levels of Performance and Sanctions for Other Direct
Recipients.--By not later than 90 days after the effective date of this
Act, the Secretary shall establish a performance accountability system
for other direct recipients that--
(1) for each covered program providing worker training
services and activities offered by such other direct recipient,
establishes levels of performance for the indicators described
in subsection (b)(2) (as applicable to the program), adjusted
levels of performance for such indicators, and sanctions for
failure to meet those levels; and
(2) is comparable to the accountability system for States
established under subsections (c) and (d).
(f) Regulations.--The Secretary shall promulgate regulations to
carry out subsections (c) through (e), and to establish requirements
regarding the content, timing, and submission of the report required
under subsection (c)(1), including requirements regarding what data
should be provided and how that data should be formatted.
SEC. 403. FISCAL CONTROLS; SANCTIONS.
(a) Establishment of Fiscal Controls.--
(1) Fiscal control and fund accounting procedures.--
(A) State and local areas.--Each State board 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 this Act. Such
procedures shall ensure that all financial transactions
carried out under this Act are conducted and records
maintained in accordance with generally accepted
accounting principles applicable in each State.
(B) Other direct recipients.--The Secretary shall
establish, by regulation, fiscal control and fund
accounting procedures meeting the requirements of
subparagraph (A) that will apply to other direct
recipients.
(2) Cost principles.--
(A) In general.--Each State board, Governor of a
State, other direct recipient, and local board
(including the chief elected official for the area)
receiving funds under this Act shall comply with the
applicable uniform cost principles included in the
appropriate circulars of the Office of Management and
Budget for the type of entity receiving the funds for
all funds provided under this Act.
(B) Exception.--The funds made available to a State
for administration of statewide worker training
services and activities in accordance with section
313(c), shall be allocable to the overall
administration of worker training services and
activities, but need not be specifically allocable to
any individual program.
(3) Uniform administrative requirements.--
(A) In general.--Each State board, Governor, other
direct recipient, and local board (including the chief
elected official for the area) shall comply with the
appropriate uniform administrative requirements for
grants and agreements under this Act 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 Act between local boards and
units of State or local governments shall be conducted
only on a cost-reimbursable basis.
(b) Monitoring of Activities.--
(1) State and local activities.--
(A) In general.--Each Governor or State board 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
subsection (a)(3).
(B) Action by governor.--If the Governor or State
board determines that a local area is not in compliance
with the uniform administrative requirements referred
to in subsection (a)(3), the Governor or State board
shall--
(i) require corrective action to secure
prompt compliance with the requirements; and
(ii) impose the sanctions provided under
subparagraph (E) in the event of failure to
take the required corrective action.
(C) Certification.--The Governor or State board
shall, every 2 years, certify to the Secretary that--
(i) the State has implemented the uniform
administrative requirements referred to in
subsection (a)(3);
(ii) the State has monitored local areas to
ensure compliance with the uniform
administrative requirements as required under
subparagraph (A); and
(iii) the State has taken appropriate
action to secure compliance pursuant to
subparagraph (B).
(D) Action by the secretary.--If the Secretary
determines that the Governor or State board has not
fulfilled the requirements of this subsection, the
Secretary shall--
(i) require corrective action to secure
prompt compliance; and
(ii) impose the sanctions provided under
subsection (d) or (e) in the event of failure
of the Governor or State board to take the
required appropriate action to secure
compliance.
(E) Substantial violation.--
(i) Action by governor or state board.--If,
as a result of financial and compliance audits
or otherwise, the Governor or State board
determines that there is a substantial
violation of a specific provision of this Act,
and corrective action has not been taken, the
Governor or State board shall--
(I) issue a notice of intent to
revoke approval of all or part of the
local plan affected; or
(II) impose a reorganization plan,
which may include--
(aa) decertifying the local
board involved;
(bb) prohibiting the use of
eligible providers;
(cc) selecting an
alternative entity to
administer the program for the
local area involved;
(dd) merging the local area
into one or more other local
areas; or
(ee) making other such
changes as the Secretary,
Governor, or State board
determines necessary to secure
compliance.
(ii) Appeal.--
(I) In general.--The actions taken
by the Governor or State board pursuant
to subclause (I) or (II) of clause (i)
may be appealed to the Secretary and
shall not become effective until--
(aa) the time for appeal
has expired; or
(bb) the Secretary has
issued a decision.
(II) Additional requirement.--The
Secretary shall make a final decision
under subclause (I) not later than 45
days after the receipt of the appeal.
(iii) Action by the secretary.--If the
Governor or State board fails to promptly take
the actions required under paragraph (1), the
Secretary shall take such actions.
(2) Monitoring and sanctions for other direct recipients.--
By not later than 90 days after the effective date of this Act,
the Secretary shall establish, by regulation, a system of
monitoring, penalties for noncompliance, for other direct
recipients that is comparable to the system required under
paragraph (1) for States.
(c) Repayment of Certain Amounts to the United States.--
(1) In general.--Every State or other direct recipient
shall repay to the United States amounts found not to have been
expended in accordance with this Act.
(2) Offset of repayment.--If the Secretary determines that
State or other direct recipient has expended funds made
available under this Act in a manner contrary to the
requirements of this Act, the Secretary may offset repayment of
such expenditures against any other amount to which the State
or recipient is or may be entitled, except as provided under
subsection (d)(1).
(3) Special rules for states.--
(A) 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 contrary to the requirements of this
Act, the Governor or State board may use an amount
deducted under subparagraph (B) to repay the funds,
except as provided under subsection (d).
(B) Deduction by state.--The Governor or State
board may deduct an amount equal to the misexpenditure
described in subparagraph (A) from subsequent fiscal
year allocations to the local area from funds reserved
for the administrative costs of the local programs
involved, as appropriate.
(C) Limitations.--A deduction made by a State as
described in subparagraph (C) shall not be made until
such time as the Governor or State board has taken
appropriate corrective action to ensure full compliance
within such local area with regard to appropriate
expenditures of funds under this Act.
(d) Repayment of Amounts.--
(1) In general.--Each State or other direct recipient shall
be liable to repay the amounts described in subsection (c)(1),
from funds other than funds received under this Act, upon a
determination by the Secretary that the misexpenditure of funds
was due to willful disregard of the requirements of this Act,
gross negligence, failure to observe accepted standards of
administration, or a pattern of misexpenditure as 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 has been given to the recipient.
(2) Factors in imposing sanctions.--In determining whether
to impose any sanction authorized by this section against a
State or other direct recipient for violations by a subgrantee
or contractor of such State or recipient under this Act
(including a violation of the regulations issued under this
Act), the Secretary shall first determine whether such State or
recipient has adequately demonstrated that the State or
recipient has--
(A) established and adhered to an appropriate
system for the award and monitoring of grants and
contracts with subgrantees and contractors that
contains acceptable standards for ensuring
accountability;
(B) entered into a written grant agreement or
contract with such subgrantee or contractor that
established clear goals and obligations in unambiguous
terms;
(C) acted with due diligence to monitor the
implementation of the grant 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 Act, including regulations issued under this Act,
by such subgrantee or contractor.
(3) Waiver.--If the Secretary determines that the State or
other direct 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 State or recipient. The Secretary is authorized to impose
any sanction consistent with the provisions of this Act and any
applicable Federal or State law directly against any subgrantee
or contractor for a violation of this Act, including
regulations issued under this Act.
(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 funds provided under this Act or
ensure the proper operation of the worker training service or activity
involved, the Secretary may immediately terminate or suspend financial
assistance, in whole or in part, to any recipient of such funds 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 Act 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 Act, or has testified or is about to testify
in any such proceeding or investigation under or related to this Act,
or otherwise unlawfully denied to any individual a benefit to which
that individual is entitled under the provisions of this Act or the
Secretary's regulations, 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
construed to be the exclusive remedies available for violations
described in this section.
SEC. 404. REPORTS; RECORDKEEPING; INVESTIGATIONS.
(a) Reports.--
(1) In general.--Recipients of funds under this Act shall
keep records that are sufficient to permit the preparation of
reports required by this Act and to permit the tracing of funds
to a level of expenditure adequate to ensure that the funds
have not been spent unlawfully.
(2) Submission to the secretary.--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 of worker
training services and activities carried out under this Act.
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 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 Act, the Secretary shall
conduct, in several States, in each fiscal year,
investigations of the use of funds received by
recipients under this Act.
(B) Comptroller general of the united states.--In
order to ensure compliance with the provisions of this
Act, the Comptroller General of the United States may
conduct investigations of the use of funds received
under this Act by any recipient.
(2) Prohibition.--In conducting any investigation under
this Act, 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 Act (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 Act 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) Accessibility of Reports.--Each State, local board, and other
direct recipient receiving funds under this Act--
(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, crosstabulation, and analysis of
programmatic, participant, and financial data, on statewide,
local area, and other appropriate bases, necessary for
reporting, monitoring, and evaluating purposes; and
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this Act.
(d) Information To Be Included in Reports.--
(1) In general.--The reports required under subsection (c)
shall include information regarding programs carried out under
this Act pertaining to--
(A) the relevant demographic characteristics
(including race, ethnicity, sex, and age) and other
related information regarding participants;
(B) the worker training services and activities in
which participants are enrolled through the program,
and the length of time that participants are engaged in
such services and activities;
(C) outcomes of the programs and workforce training
services and activities for participants, including the
occupations of participants, and placement for
participants in nontraditional employment; and
(D) specified costs of the programs and the
workforce training services and activities carried out
under the program.
(2) Additional requirement.--The Secretary shall ensure
that all elements of the information required for the reports
described in paragraph (1) are defined and reported uniformly.
(e) Quarterly Financial Reports.--
(1) Maintenance of additional records.--Each State and
local board, and each other direct recipient, shall maintain
records with respect to worker training services and activities
carried out under this Act that identify--
(A) any income or profits earned, including such
income or profits earned by subrecipients; and
(B) any costs incurred (such as stand-in costs)
that are otherwise allowable except for funding
limitations.
(2) State and local boards.--
(A) In general.--Each local board in a State shall
submit quarterly financial reports to the Governor with
respect to the programs of worker training services and
activities. Such reports shall include information
identifying all workforce training service or activity
costs by cost category in accordance with generally
accepted accounting principles and by year of the
appropriation involved.
(B) Additional requirement.--Each State shall
submit to the Secretary, on a quarterly basis, a
summary of the reports submitted to the Governor
pursuant to paragraph (1).
(3) Other entities.--Each other direct recipient shall
submit to the Secretary, on a quarterly basis, a report
containing the information required under this subsection.
(f) Cost Categories.--In requiring entities to maintain records of
costs by category under this Act, the Secretary shall require only that
the costs be categorized as administrative or programmatic costs.
SEC. 405. REQUIREMENTS AND RESTRICTIONS.
(a) Benefits.--
(1) Wages.--
(A) In general.--Individuals in on-the-job training
or individuals employed in worker training services and
activities under this Act 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 other territorial
jurisdictions in which section 6(a)(1) does not apply.
(2) Treatment of allowances, earnings, and payments.--
Allowances, earnings, and payments to individuals participating
in worker training services and activities under this Act 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 Act shall be used to
pay the wages of incumbent employees during their participation
in economic development activities provided through a program
providing worker training services and activities.
(2) Displacement.--
(A) Prohibition.--A participant in a worker
training service or activity authorized under this Act
(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 through worker training
services and activities, under this Act, 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 title III.
(7) No impact on union organizing.--Each recipient of funds
under this Act 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 recipient of funds under this Act
shall establish and maintain a procedure for grievances or
complaints alleging violations of the requirements of this Act
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) not 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 Act shall be
limited--
(A) to suspension or termination of payments under
this Act;
(B) to prohibition of placement of a participant
with an employer that has violated any requirement
under this Act;
(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 Act.
(d) Relocation.--
(1) Prohibition on use of funds to encourage or induce
relocation.--No funds provided under this Act 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 for customized or skill
training and related activities after relocation.--No funds
provided under this Act for a worker training service or
activity shall be used for customized or skill training, on-
the-job training, 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 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 under this Act
shall be used for employment generating activities, economic
development activities, investment in revolving loan funds,
capitalization of businesses, investment in contract bidding resource
centers, and similar activities that are not directly related to
training for eligible individuals under this Act. No funds available
under this Act 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 recipient of funds under this Act shall not be
prohibited by the Federal Government from--
(A) testing participants in worker training
services and activities 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 worker training services and activities
under this Act who test positive for the use of
controlled substances--
(i) with respect to the first occurrence
for which a participant tests positive, the
recipient of funds under this Act may exclude
the participant from the service or activity
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, the recipient may
exclude the participant from the service or
activity 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 or, in the
case of other direct recipients, in accordance with
regulations established by the Secretary.
(C) Privacy.--A recipient of funds under this Act
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 for states.--In the testing and
sanctioning of participants in worker training services and
activities 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 worker training services and activities under
sections 313(c), 333(c), and 373(d), as applicable based on the
worker training service or activity.
SEC. 406. MONITORING.
(a) In General.--The Secretary is authorized to monitor all
recipients of funds under this Act to determine whether the recipients
are complying with the provisions of this Act, including the
regulations issued under this Act.
(b) Investigations.--The Secretary may investigate any matter the
Secretary determines to be necessary to determine the compliance of the
recipients with this Act, including the regulations issued under this
Act. 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 worker training service 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 Act by the Secretary, the provisions of
section 49 of title 15, United States Code (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. 407. JUDICIAL REVIEW.
(a) Review.--
(1) Petition.--With respect to any final order by the
Secretary under section 403(f) by which the Secretary awards,
declines to award, or only conditionally awards, financial
assistance under this Act, any party to a proceeding which
resulted in such final order may obtain review of such final
order in the United States Court of Appeals having jurisdiction
over the applicant or recipient of 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. 408. GENERAL PROGRAM REQUIREMENTS.
Except as otherwise provided in this Act, the following conditions
apply to all worker training services and activities offered under this
Act:
(1) No person or organization may charge an individual a
fee for the placement or referral of the individual in or to a
worker training service or activity supported under this Act.
(2) The Secretary shall not provide financial assistance
for any worker training service or activity supported under
this Act that involves political activities.
(3)(A) Income under any such service or activity
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 service or activity.
(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 Act;
(ii) funds provided to a service provider under
this Act that are in excess of the costs associated
with the services provided; and
(iii) interest income earned on funds received
under this Act.
(C) For purposes of this paragraph, each entity receiving
financial assistance under this Act shall maintain records
sufficient to determine the amount of such income received and
the purposes for which such income is expend.
SEC. 409. ORGANIZATION.
(a) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this Act, the Secretary may
delegate any of the functions specified in this Act to such officers
and employees of the Department of Labor as the Secretary may
designate, and may authorize successive redelegations of such functions
as may be necessary or appropriate. No delegation of functions by the
Secretary under this section or under any other provision of this Act
shall relieve such Secretary of responsibility for the administration
of such functions.
(b) Reorganization.--The Secretary is authorized to allocate or
reallocate any function specified in this Act among the officers of the
Department of Labor, and to establish, consolidate, alter, or
discontinue such organizational entities in the Department of Labor as
may be necessary or appropriate.
SEC. 410. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE V--REPEALS AND TRANSITION PROVISIONS
SEC. 501. REPEALED PROVISIONS.
(a) Workforce Investment Act of 1998.--The following provisions are
repealed:
(1) Adult provisions.--The Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.), other than sections 123, 126, 127,
128, 129, 166, 169, and 173A of such Act (29 U.S.C. 2843, 2851,
2852, 2853, 2854, 2911, 2914, and 2918a).
(2) Youth provisions.--Sections 123, 126, 127, 128, 129,
169, and 173A of such Act (29 U.S.C. 2843, 2851, 2852, 2853,
2854, 2914, and 2918a).
(3) Native american provisions.--Section 166 of such Act
(29 U.S.C. 2911).
(b) Remaining Repealed Provisions.--In addition to the provisions
repealed under subsection (a), the following provisions are repealed:
(1) Adult provisions.--
(A) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(B) Section 16(h) of the Food and Nutrition Act of
2008 (7 U.S.C. 2025(h)).
(C) The Women in Apprenticeship and Nontraditional
Occupations Act (29 U.S.C. 2501 et seq.).
(D) Section 104(k)(6) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(6)).
(E) Section 505 of the Family Support Act of 1988
(42 U.S.C. 9926).
(F) Section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 (29 U.S.C.
2916a).
(G) Title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.).
(2) Youth provisions.--
(A) The Carl D. Perkins Career and Technical
Education Act of 2006 (29 U.S.C. 2301 et seq.).
(B) Title I of Public Law 91-378 (commonly known as
the ``Youth Conservation Corps Act of 1970'') (16
U.S.C. 1701 et seq.).
(3) Disabilities provisions.--
(A) Part A of title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.).
(B) Sections 110, 111, 112, 113, 131, 303, and 304
of such Act (29 U.S.C. 730, 731, 732, 733, 751, 773,
and 776).
(C) Title VI of such Act (29 U.S.C. 795g et seq.).
(4) Native american provisions.--
(A) Section 121 of the Rehabilitation Act of 1973
(29 U.S.C. 741).
(B) The Indian Employment, Training and Related
Services Demonstration Act of 1992 (25 U.S.C. 3401 et
seq.).
(C) Title V of the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1861 et
seq.).
(D) Section 412 of the Social Security Act (42
U.S.C. 612).
SEC. 502. SAVINGS PROVISIONS FOR ADULT PROGRAMS.
(a) References.--Except as otherwise expressly provided, a
reference in this section to a provision of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), the Wagner-Peyser Act (29 U.S.C.
49 et seq.), sections 6(d)(4)(I) and 16(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(d)(4)(I), 2025(h)), the Women in
Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.), section 104(k)(6) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(6)), section
505 of the Family Support Act of 1988 (42 U.S.C. 9926), section 414(c)
of the American Competitiveness and Workforce Improvement Act of 1998
(29 U.S.C. 2916a), or title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) shall be considered to be a reference to such
provision as in effect on the day before the effective date of this
section.
(b) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(3) the term ``new authority'' means the authority provided
under subtitle A of title III of this Act; and
(4) the term ``repealed authority'' means the authority
provided under the provisions repealed by subsections (a)(1)
and (b)(1) of section 501, and section 6(d)(4)(I) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)(I)).
(c) Grants; Contracts; Allotments.--
(1) In general.--Notwithstanding the new authority, the
agreements for the grants, contracts, and allotments listed in
paragraph (2) that are in effect on the day before the
effective date of this section, 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 or terminated in
accordance with law by the President, the Secretary of Labor or
other authorized official, a court of competent jurisdiction,
or by operation of law.
(2) List.--The grants, contracts, and allotments described
in paragraph (1) are all grants, contracts (including
cooperative agreements, joint agreements, and reimbursable
agreements and purchase of service contracts or vouchers), and
allotments (including allocations) under--
(A) the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.), other than sections 123, 126, 127, 128,
129, 166, 169, and 173A of such Act (29 U.S.C. 2843,
2851, 2852, 2853, 2854, 2911, 2914, and 2918a);
(B) the Wagner-Peyser Act (29 U.S.C. 49 et seq.);
(C) sections 6(d)(4)(I) and 16(h) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)(I),
2025(h));
(D) the Women in Apprenticeship and Nontraditional
Occupations Act (29 U.S.C. 2501 et seq.);
(E) section 104(k)(6) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(6)), including any
agreements for the funding described in that section;
(F) section 505 of the Family Support Act of 1988
(42 U.S.C. 9926), including agreements with nonprofit
organizations (including community development
corporations) described in subsection (a) of such
section;
(G) section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 (29 U.S.C.
2916a); and
(H) title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.), including the agreements under
section 502(e) of such Act (42 U.S.C. 3056(e)).
(3) Incidental savings.--The Director of the Office of
Management and Budget shall make such dispositions of the
personnel, funds, contracts, agreements, and other resources
related to the grants, contracts, and allotments listed in
paragraph (2) as may be necessary to continue the agreements
for the grants, contracts, and allotments for the duration
described in paragraph (1).
(d) Repayment of Funds.--
(1) Continuing effect of legal documents.--With respect to
the repayment of funds received to carry out the repealed
authority, all orders and determinations--
(A) which have been issued, made, 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 carried
out under such repealed authority; and
(B) which are in effect on the day before the
effective date of this section, 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 Secretary of Labor 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 or applications, in
connection with adjudications regarding the repayment of funds
received to carry out the repealed authority, that are pending
before the Department of Labor, the Department of Education,
the Department of Agriculture, the Department of Health and
Human Services, or the Environmental Protection Agency, as the
case may be, on the effective date of this section, 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, set aside, 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, regarding the repayment of funds
received to carry out the repealed authority, that have
commenced 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, regarding the repayment of funds received to carry
out the repealed authority, that is commenced by or against the
Department of Labor, the Department of Education, the
Department of Agriculture, the Department of Health and Human
Services, or the Environmental Protection Agency, as the case
may be, or by or against any individual in the official
capacity of such individual as an officer of any of such
Departments or Agency, shall abate by reason of the enactment
of this section.
(e) Transfers.--
(1) Records.--Except as otherwise provided in this section,
any records in connection with functions to carry out the
repealed authority shall be transferred to the Department of
Labor.
(2) Unexpended balances; certain other funds.--Subject to
subsections (c) and (g) and notwithstanding section 1531 of
title 31, United States Code, the unexpended balances of
appropriations and other funds employed in connection with the
repealed authority shall be returned to the general fund of the
Treasury.
(f) Severability.--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.
(g) Transition.--For such period of time as may reasonably be
necessary to facilitate the orderly implementation of this section, the
Secretary of Labor is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Labor, the Department of
Education, the Department of Agriculture, the Department of
Health and Human Services, or the Environmental Protection
Agency, as the case may be, with respect to the new authority;
and
(2) funds appropriated to carry out the repealed authority.
(h) References in Other Laws.--Except with respect to the grants,
contracts, and allotments described in subsection (c) and the repayment
of funds described in subsection (d), a reference in any other Federal
law to the Secretary of Labor, the Secretary of Education, the
Secretary of Agriculture, the Secretary of Health and Human Services,
the Administrator of the Environmental Protection Agency, the
Department of Labor, the Department of Education, the Department of
Agriculture, the Department of Health and Human Services, or the
Environmental Protection Agency, with regard to the repealed authority,
shall be deemed to have no effect.
(i) Recommended Legislation.--
(1) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, the Secretary of Labor shall prepare and
submit to Congress recommended legislation containing technical
and conforming amendments to reflect the changes made by this
section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Secretary of Labor
shall submit the recommended legislation referred to in
paragraph (1).
(j) Conforming Amendments.--
(1) Food and nutrition act of 2008.--The Food and Nutrition
Act of 2008 is amended--
(A) in section 5 (7 U.S.C. 2014)--
(i) in subsection (d)(14), by striking
``household under'' and all that follows
through the semicolon at the end and inserting
``household under section 317 of the CAREER
Act;'';
(ii) in subsection (e)(3)(B)--
(I) in clause (i), by adding ``;
and'' after the semicolon at the end;
(II) in clause (ii), by striking
``; and'' at the end and inserting a
period; and
(III) by striking clause (iii);
(iii) in subsection (g)(3), in the first
sentence, by striking ``or a pilot project
under section 16(h)(1)(F)''; and
(iv) by striking subsection (l) and
inserting the following:
``(l) Earnings to Participants of On-the-Job Training Programs.--
Any earnings to an individual participating in on-the-job training
under a work program (as defined in section 6(o)) shall be considered
to be earned income for purposes of the supplemental nutrition
assistance program, except for an individual who is a dependent less
than 19 years of age.'';
(B) in section 16 (7 U.S.C. 2025), as amended by
section 501(b)(1)(B), by inserting after subsection (g)
the following:
``(h) Funding of Worker Training Services and Activities.--Of the
amounts made available for each fiscal year under section 18(a)(1), the
Secretary shall allocate to States for distribution to State boards
under section 313(b) of the CAREER Act $90,000,000 for each fiscal
year, to remain available for the 2-year period beginning on the date
of allocation.'';
(C) in section 17 (7 U.S.C. 2026)--
(i) in subsection (b)--
(I) in paragraph (1)(B)(iv)(III)--
(aa) in item (dd), by
striking ``, (4)(F)(i), or
(4)(K)'' and inserting ``or
(4)(D)(i)''; and
(bb) in item (hh), by
striking ``(g), (h)(1)(F),
(h)(2), or (h)(3)'' and
inserting ``or (g)''; and
(II) in paragraph (2), in the
second sentence, by striking ``a
program carried out under'' and all
that follows through ``for which
employment'' and inserting ``a program
of worker training services and
activities carried out under the CAREER
Act, for which employment''; and
(ii) in subsection (g), in the first
sentence, by striking ``established under'' and
inserting ``described in''; and
(D) in section 22(d)(1)(B)(ii) (7 U.S.C.
2031(d)(1)(B)(ii)), in the matter preceding the
proviso, by striking ``subsections (a), (g), (h)(2),
and (h)(3)'' and inserting ``subsections (a) and (g)''.
(2) Older americans act of 1965.--The Older Americans Act
of 1965 is amended--
(A) in section 102(45) (42 U.S.C. 3002(45)), by
striking ``, except that for purposes of title V such
term means the Secretary of Labor'';
(B) in section 201(a) (42 U.S.C. 3011(a)), by
striking ``Except for title V, the'' and inserting
``The'';
(C) in section 203(a) (42 U.S.C. 3013(a))--
(i) in paragraph (1), in the second
sentence, by striking ``with the Secretary of
Labor in carrying out title V and''; and
(ii) in paragraph (3)(A), by inserting ``as
in effect on the day before the effective date
of section 501 of the CAREER Act'' after ``(as
defined in section 518''; and
(D) in section 212(a) (42 U.S.C. 3020c(a)), by
striking ``(other than title V)''.
SEC. 503. SAVINGS PROVISIONS FOR YOUTH PROGRAMS.
(a) References.--Except as otherwise expressly provided, a
reference in this section to a provision of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Career and
Technical Education Act of 2006 (29 U.S.C. 2301 et seq.), and title I
of Public Law 91-378 (commonly known as the ``Youth Conservation Corps
Act of 1970'') (16 U.S.C. 1701 et seq.) shall be considered to be a
reference to such provision as in effect on the day before the
effective date of this section.
(b) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(3) the term ``new authority'' means the authority provided
under subtitle B of title III of this Act; and
(4) the term ``repealed authority'' means the authority
provided under the provisions repealed by subsections (a)(2)
and (b)(2) of section 501.
(c) Grants; Contracts; Allotments.--
(1) Savings provisions.--
(A) In general.--Notwithstanding the new authority,
the agreements for the grants, contracts, and
allotments listed in subparagraph (B) that are in
effect on the day before the effective date of this
section, 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 or
terminated in accordance with law by the President, the
Secretary of Labor or other authorized official, a
court of competent jurisdiction, or by operation of
law.
(B) List.--The grants, contracts, and allotments
described in subparagraph (A) are all grants, contracts
(including cooperative agreements), and allotments
(including allocations) under--
(i) the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.), other than section
166 of such Act (29 U.S.C. 2911); and
(ii) the Carl D. Perkins Career and
Technical Education Act of 2006 (29 U.S.C. 2301
et seq.).
(C) Incidental savings.--The Director of the Office
of Management and Budget shall make such dispositions
of the personnel, funds, contracts, agreements, and
other resources related to the grants, contracts, and
allotments listed in subparagraph (B) as may be
necessary to continue the agreements for the grants,
contracts, and allotments for the duration described in
subparagraph (A).
(2) Termination provisions.--The agreements for all grants
and contracts under title I of Public Law 91-378 (commonly
known as the ``Youth Conservation Corps Act of 1970'') (16
U.S.C. 1701 et seq.) shall terminate on the effective date of
this section.
(d) Repayment of Funds.--
(1) Continuing effect of legal documents.--With respect to
the repayment of funds received to carry out the repealed
authority, all orders and determinations--
(A) which have been issued, made, 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 carried
out under such repealed authority; and
(B) which are in effect on the day before the
effective date of this section, 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 Secretary of Labor 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 or applications, in
connection with adjudications regarding the repayment of funds
received to carry out the repealed authority, that are pending
before the Department of Labor, Education, Agriculture, or the
Interior, as the case may be, on the effective date of this
section, 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, set aside, 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, regarding the repayment of funds
received to carry out the repealed authority, that have
commenced 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, regarding the repayment of funds received to carry
out the repealed authority, that is commenced by or against the
Department of Labor, Education, Agriculture, or the Interior,
as the case may be, or by or against any individual in the
official capacity of such individual as an officer of any of
such Departments, shall abate by reason of the enactment of
this section.
(e) Transfers.--
(1) Records.--Except as otherwise provided in this section,
any records in connection with functions to carry out the
repealed authority shall be transferred to the Department of
Labor.
(2) Unexpended balances; certain other funds.--Subject to
subsections (c)(1) and (g) and notwithstanding section 1531 of
title 31, United States Code, the unexpended balances of
appropriations and other funds employed in connection with the
repealed authority shall be returned to the general fund of the
Treasury.
(f) Severability.--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.
(g) Transition.--For such period of time as may reasonably be
necessary to facilitate the orderly implementation of this section, the
Secretary of Labor is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Education, Agriculture, or the
Interior, as the case may be, with respect to the new
authority; and
(2) funds appropriated to carry out the repealed authority.
(h) References in Other Laws.--Except with respect to the grants,
contracts, and allotments described in subsection (c)(1) and the
repayment of funds described in subsection (d), a reference in any
other Federal law to the Secretary of Education, the Secretary of
Labor, the Secretary of Agriculture, the Secretary of the Interior, or
the Department of Education, Labor, Agriculture, or the Interior, with
regard to the repealed authority, shall be deemed to have no effect.
(i) Recommended Legislation.--
(1) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, the Secretary of Labor shall prepare and
submit to Congress recommended legislation containing technical
and conforming amendments to reflect the changes made by this
section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Secretary of Labor
shall submit the recommended legislation referred to in
paragraph (1).
SEC. 504. SAVINGS PROVISIONS FOR DISABILITIES PROGRAMS.
(a) References.--Except as otherwise expressly provided, a
reference in this section to a provision of the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) shall be considered to be a reference to
such provision as in effect on the day before the effective date of
this section.
(b) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(3) the term ``new authority'' means the authority provided
under subtitle C of title III of this Act; and
(4) the term ``repealed authority'' means the authority
provided under the provisions repealed by section 501(b)(3).
(c) Grants; Contracts; Allotments.--
(1) Savings provisions.--
(A) In general.--Notwithstanding the new authority,
the agreements for the grants, contracts, and
allotments listed in subparagraph (B) that are in
effect on the day before the effective date of this
section, 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 or
terminated in accordance with law by the President, the
Secretary of Labor or other authorized official, a
court of competent jurisdiction, or by operation of
law.
(B) List.--The grants, contracts, and allotments
described in subparagraph (A) are the following:
(i) The allotments under section 110 of the
Rehabilitation Act of 1973 (29 U.S.C. 730).
(ii) The grants under section 112 of such
Act (29 U.S.C. 732), other than the grant under
subsection (e)(1)(F) of such section, to
establish and carry out client assistance
programs.
(iii) The grants under section 303(a) of
such Act (29 U.S.C. 773(a)) to States and
public or nonprofit agencies and organizations.
(iv) The grants to, or contracts with,
eligible entities under section 303(b) of such
Act (29 U.S.C. 773(b)).
(v) The grants to, and contracts with,
States and public or nonprofit agencies and
organizations under section 303(d) of such Act
(29 U.S.C. 773(d)) to pay all or part of the
cost of training in the use of braille for
personnel providing vocational rehabilitation
services or educational services to youth and
adults who are blind.
(vi) The allotments under section 603 of
such Act (29 U.S.C. 795h) to States and
territories.
(C) Incidental savings.--The Director of the Office
of Management and Budget shall make such dispositions
of the personnel, funds, contracts, agreements, and
other resources related to the grants, contracts, and
allotments listed in subparagraph (B) as may be
necessary to continue the agreements for the grants,
contracts, and allotments for the duration described in
subparagraph (A).
(2) Termination provisions.--The agreements for grants,
contracts, and allotments that shall terminate on the effective
date of this section are the agreements for the following:
(A) The grant under section 112(e)(1)(F) of the
Rehabilitation Act of 1973 (29 U.S.C. 732(e)(1)(F)) for
training and technical assistance for the programs
established under section 112 of such Act.
(B) The grants under section 303(c)(1) of such Act
(29 U.S.C. 773(c)(1)) to private nonprofit
organizations for the purpose of establishing programs
to provide training and information.
(C) The grants or cooperative agreements under
section 303(c)(6) of such Act (29 U.S.C. 773(c)(6)) for
establishing, developing, and coordinating training and
information programs described in subparagraph (B).
(D) All contracts, agreements, and allotments that
are not necessary to carry out a grant, contract, or
allotment described in paragraph (1)(B).
(d) Repayment of Funds.--
(1) Continuing effect of legal documents.--With respect to
the repayment of funds received to carry out the repealed
authority, all orders and determinations--
(A) which have been issued, made, 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 carried
out under such repealed authority; and
(B) which are in effect on the day before the
effective date of this section, 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 Secretary of Labor 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 or applications, in
connection with adjudications regarding the repayment of funds
received to carry out the repealed authority, that are pending
before the Department of Education on the effective date of
this section, 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, set aside, 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, regarding the repayment of funds
received to carry out the repealed authority, that have
commenced 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, regarding the repayment of funds received to carry
out the repealed authority, that is commenced by or against the
Department of Education, or by or against any individual in the
official capacity of such individual as an officer of such
Department, shall abate by reason of the enactment of this
section.
(e) Transfers.--
(1) Records.--Except as otherwise provided in this section,
any records in connection with functions described in part A of
title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), sections 110, 111, 112, and 131 of such Act (29 U.S.C.
730, 731, 732, and 751), and title VI of such Act (29 U.S.C.
795g et seq.) shall be transferred to the Department of Labor.
(2) Unexpended balances; certain other funds.--Subject to
subsections (c)(1) and (g) and notwithstanding section 1531 of
title 31, United States Code, the unexpended balances of
appropriations and other funds employed in connection with the
repealed authority shall be returned to the general fund of the
Treasury.
(f) Severability.--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.
(g) Transition.--For such period of time as may reasonably be
necessary to facilitate the orderly implementation of this section, the
Secretary of Labor is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Education with respect to the
new authority; and
(2) funds appropriated to carry out the repealed authority.
(h) References in Other Laws.--Except with respect to the grants,
contracts, and allotments described in subsection (c)(1) and the
repayment of funds described in subsection (d), a reference in any
other Federal law to the Secretary of Education, or the Department of
Education, with regard to the repealed authority shall be deemed to
have no effect.
(i) Recommended Legislation.--
(1) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, the Secretary of Labor shall prepare and
submit to Congress recommended legislation containing technical
and conforming amendments to reflect the changes made by this
section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Secretary of Labor
shall submit the recommended legislation referred to in
paragraph (1).
SEC. 505. SAVINGS PROVISIONS FOR PROGRAMS FOR INDIANS (INCLUDING ALASKA
NATIVES) AND NATIVE HAWAIIANS.
(a) References.--Except as otherwise expressly provided, a
reference in this section to a provision of section 166 of the
Workforce Investment Act of 1998 (29 U.S.C. 2911), section 121 of the
Rehabilitation Act of 1973 (29 U.S.C. 741), the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401
et seq.), title V of the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1861 et seq.), and section 412 of the
Social Security Act (42 U.S.C. 612) shall be considered to be a
reference to such provision as in effect on the day before the
effective date of this section.
(b) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(3) the term ``new authority'' means the authority provided
under subtitle D of title III of this Act; and
(4) the term ``repealed authority'' means the authority
provided under the provisions repealed by subsections (a)(3)
and (b)(4) of section 501.
(c) Grants; Contracts.--
(1) In general.--Notwithstanding the new authority, the
agreements for the grants and contracts (including other
Federal funding) listed in paragraph (2) that are in effect on
the day before the effective date of this section, 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 or terminated in accordance with law by the
President, the Secretary of Labor or other authorized official,
a court of competent jurisdiction, or by operation of law.
(2) List.--The grants and contracts (including other
Federal funding) described in paragraph (1) are all grants and
contracts (including Federal funding) under--
(A) section 166 of the Workforce Investment Act of
1998 (29 U.S.C. 2911);
(B) section 121 of the Rehabilitation Act of 1973
(29 U.S.C. 741);
(C) the Indian Employment, Training and Related
Services Demonstration Act of 1992 (25 U.S.C. 3401 et
seq.);
(D) title V of the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1861 et
seq.); and
(E) section 412 of the Social Security Act (42
U.S.C. 612).
(3) Incidental savings.--The Director of the Office of
Management and Budget shall make such dispositions of the
personnel, funds, contracts, agreements, and other resources
related to the grants and contracts (including other Federal
funding) listed in paragraph (2) as may be necessary to
continue the agreements for the grants and contracts (including
other Federal funding) for the duration described in paragraph
(1).
(d) Repayment of Funds.--
(1) Continuing effect of legal documents.--With respect to
the repayment of funds received to carry out the repealed
authority, all orders and determinations--
(A) which have been issued, made, 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 carried
out under such repealed authority; and
(B) which are in effect on the day before the
effective date of this section, 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 Secretary of Labor 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 or applications, in
connection with adjudications regarding the repayment of funds
received to carry out the repealed authority, that are pending
before the Department of Labor, the Department of Education,
the Department of the Interior, or the Department of Health and
Human Services on the effective date of this section, 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, set aside, 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, regarding the repayment of funds
received to carry out the repealed authority, that have
commenced 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, regarding the repayment of funds received to carry
out the repealed authority, that is commenced by or against the
Department of Labor, the Department of Education, the
Department of the Interior, or the Department of Health and
Human Services, or by or against any individual in the official
capacity of such individual as an officer of such Department,
shall abate by reason of the enactment of this section.
(e) Transfers.--
(1) Records.--Except as otherwise provided in this section,
any records in connection with functions to carry out the
repealed authority shall be transferred to the Department of
Labor.
(2) Unexpended balances; certain other funds.--Subject to
subsections (c) and (g) and notwithstanding section 1531 of
title 31, United States Code, the unexpended balances of
appropriations and other funds employed in connection with the
repealed authority shall be returned to the general fund of the
Treasury.
(f) Severability.--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.
(g) Transition.--For such period of time as may reasonably be
necessary to facilitate the orderly implementation of this section, the
Secretary of Labor is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Labor, the Department of
Education, the Department of the Interior, or the Department of
Health and Human Services with respect to the new authority;
and
(2) funds appropriated to carry out the repealed authority.
(h) References in Other Laws.--Except with respect to the grants
and contracts (including other Federal funding) described in subsection
(c) and the repayment of funds described in subsection (d), a reference
in any other Federal law to the Secretary of Labor, the Secretary of
Education, the Secretary of the Interior, or the Secretary of Health
and Human Services, or the Department of Labor, the Department of
Education, the Department of the Interior, or the Department of Health
and Human Services, with regard to the repealed authority, shall be
deemed to have no effect.
(i) Recommended Legislation.--
(1) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, the Secretary of Labor shall prepare and
submit to Congress recommended legislation containing technical
and conforming amendments to reflect the changes made by this
section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Secretary of Labor
shall submit the recommended legislation referred to in
paragraph (1).
(j) Conforming Amendments.--Title IV of the Social Security Act (42
U.S.C. 601 et seq.) is amended--
(1) in section 402(a)(5) (42 U.S.C. 602(a)(5)), by striking
``and is not eligible for assistance under a tribal family
assistance plan approved under section 412'';
(2) in section 403(a) (42 U.S.C. 603), as amended by
section 322(b)--
(A) in paragraph (1)(B), by striking ``or
412(a)(1)''; and
(B) in paragraph (5)--
(i) by striking subparagraph (E);
(ii) by redesignating subparagraphs (F)
through (J) as subparagraphs (E) through (I),
respectively;
(iii) in subparagraph (A)--
(I) in clause (i), by striking
``subparagraph (H)'' and inserting
``subparagraph (G)'';
(II) in clause (ii)(I)(ff), by
striking ``section 403(a)(5)(K) or
454A(f)(5)'' and inserting
``subparagraph (I) or section
454A(f)(5)''; and
(III) in clause (iv), by striking
subclause (I) and inserting the
following:
``(I) 75 percent of the amount
obtained by subtracting, from the
amount specified in subparagraph (G)
for the fiscal year, the total of the
amounts reserved pursuant to
subparagraphs (E) and (F) for the
fiscal year; and'';
(iv) in subparagraph (B)(v)--
(I) in the matter preceding
subclause (I), by striking
``subparagraph (H)'' and ``inserting
subparagraph (G)''; and
(II) by striking subclause (I) and
inserting the following:
``(I) 25 percent of the amount
obtained by subtracting, from the
amount specified in subparagraph (G)
for the fiscal year, the total of the
amounts reserved pursuant to
subparagraphs (E) and (F) for the
fiscal year; and'';
(v) in subparagraph (E), as so
redesignated, by striking ``subparagraph (H)''
and inserting ``subparagraph (G)''; and
(vi) in subparagraph (F)(i), as so
redesignated, by striking ``subparagraph (H)''
and inserting ``subparagraph (G)'';
(3) in subsection 405 (42 U.S.C. 605)--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively; and
(C) in subsection (c), as so redesignated, by
striking ``(c)(2)'' and inserting ``(b)(2)'';
(4) in section 406 (42 U.S.C. 606), by striking subsection
(c) and inserting the following:
``(c) Use of Loan.--A State shall use a loan made to the State
under this section only for any purpose for which grant amounts
received by the State under section 403(a) may be used, including
welfare and anti-fraud activities.'';
(5) in section 407(b)(4) (42 U.S.C. 607(b)(4)), by striking
``under a tribal family assistance plan approved under section
412 or'';
(6) in section 409(a)(7)(B)(iii) (42 U.S.C. 609), by
striking the matter following subclause (II)(bb); and
(7) in section 413(j) (42 U.S.C. 613(j))--
(A) in paragraph (1)(A), by striking ``sections
403(a)(5) and 412(a)(3)'' and inserting ``section
403(a)(5)''; and
(B) in paragraph (2)(A), by striking ``and
412(a)(3)''.
SEC. 506. OBLIGATION AND EXPENDITURE LIMITATIONS.
(a) In General.--
(1) Department of education.--The Secretary of Education
shall not obligate or expend, during fiscal year 2016, more
than--
(A) $7,811,000, from the appropriations account
under the heading ``program administration'' under the
heading ``Departmental Management'' of the Department
of Education, for activities necessary to administer
the Office of Career, Technical, and Adult Education
established under section 206 of the Department of
Education Organization Act (20 U.S.C. 3416); and
(B) $31,579,500, from the appropriations account
under the heading ``program administration'' under the
heading ``Departmental Management'' of the Department
of Education, for activities necessary to administer
the Office of Special Education and Rehabilitative
Services established under section 207 of such Act (20
U.S.C. 3417).
(2) Department of labor.--The Secretary of Labor shall not
obligate or expend, during fiscal year 2016, more than--
(A) $0, for the administration of worker training
services and activities provided under subtitle B of
title III of this Act that are related to career and
technical education;
(B) $0, for workforce data quality initiatives
related to any objective of this Act;
(C) $18,485,000, for the employment services and
national activities described in section 7 of the
Wagner-Peyser Act (29 U.S.C. 49f); and
(D) $0, for grants under the Women in
Apprenticeship and Nontraditional Occupations Act (29
U.S.C. 2501 et seq.).
(3) Department of the interior.--The Secretary of the
Interior shall not obligate or expend, during fiscal year 2016,
more than $2,600,837,000 from the appropriations account under
the heading ``operation of indian programs'' under the heading
``Bureau of Indian Affairs and Bureau of Indian Education'' of
the Department of the Interior, for the activities necessary to
administer the Bureau of Indian Affairs.
(b) Reduction of Discretionary Spending Limits.--
(1) In general.--Section 251(c)(3)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(c)(3)(B)) is amended by striking ``$530,000,000,000'' and
inserting ``$529,973,551,500''.
(2) Direct spending adjustments.--Section 251A(10) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901a(10)) is amended--
(A) in the paragraph heading, by striking ``for
fiscal years 2014 and 2015''; and
(B) by adding at the end the following:
``(C) OMB shall make the calculations necessary to implement the
direct spending reductions calculated pursuant to paragraphs (3) and
(4) without regard to the amendment made to section 251(c) revising the
discretionary spending limits for fiscal year 2016 by the CAREER
Act.''.
SEC. 507. EFFECTIVE DATE.
(a) In General.--This Act takes effect on October 1, 2015, except
as otherwise specified in this Act.
(b) Repeal of the Workforce Innovation and Opportunity Act.--
(1) Repeal.--The Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.), including the amendments and repeals
made by that Act, is repealed.
(2) Applicability.--Each Act amended or repealed by the
Workforce Innovation and Opportunity Act shall be applied and
administered as if the amendments and repeals made by the
Workforce Innovation and Opportunity Act had not been enacted.
(3) Exception for amendments to the rehabilitation act of
1973 and certain provisions of the trade act of 1974.--No
reference to an amendment in paragraph (1) or (2) shall be
considered to apply to an amendment to the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.) or an amendment to chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(4) Effective date.--This subsection takes effect on the
earlier of--
(A) June 30, 2015 (as if included in an Act enacted
on that date); and
(B) the date of enactment of this Act.
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