[Congressional Record Volume 159, Number 38 (Friday, March 15, 2013)]
[House]
[Pages H1435-H1530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORTING KNOWLEDGE AND INVESTING IN LIFELONG SKILLS ACT
General Leave
Mr. KLINE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 803.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 113 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 803.
The Chair appoints the gentlewoman from Florida (Ms. Ros-Lehtinen) to
preside over the Committee of the Whole.
{time} 0917
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 803) to reform and strengthen the workforce investment system of
the Nation to put Americans back to work and make the United States
more competitive in the 21st century, with Ms. Ros-Lehtinen in the
chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Minnesota (Mr. Kline) and the gentleman from
California (Mr. George Miller) each will control 30 minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. KLINE. Madam Chair, I rise in strong support of H.R. 803, the
Supporting Knowledge and Investing in Lifelong Skills Act, the SKILLS
Act, and yield myself as much time as I may consume.
Despite an increase in hiring last month, our Nation is still
experiencing a jobs crisis. Twelve million Americans are searching for
work. Nearly 5 million of these unemployed workers have been without a
job for 6 months or longer. For many Americans, the hope of a new job
grows more desperate the longer they are unemployed.
Jack Walerius has not had full-time work for more than 3 years and
has lost count of the number of times he has applied for a job. He
recently told CBS News:
From my perspective, from my eyes, I still see that we're
in a deep recession.
Today, we have an opportunity to advance reforms that will give
workers like Jack a better chance to succeed. Our economy is extremely
competitive and constantly changing. Unfortunately, the workforce
training system has failed to keep up. It's not surprising when you
consider the size of the bureaucracy that now exists.
This chart is a snapshot of the current job training system. It
includes more than 50 programs spread across nine Federal agencies.
President Obama described it as a ``maze of confusing training
programs.'' I completely agree.
{time} 0920
The current system is inefficient and ineffective. For individuals
served through the Workforce Investment Act, less than one in five
completed training. Fewer than half of those who received employment
assistance such as job searches and resume writing were able to find
work.
To make matters worse, Federal mandates stifle the engagement and
innovation of employers and State and local leaders. Onerous rules
prevent workers from accessing the training they need when they need
it. And taxpayer dollars are being spent with little accountability.
A bloated bureaucracy is standing between workers and the support
they need. We've tried the Washington-knows-best approach, and it isn't
working. It's time to move in a new direction. It is time for a
workforce training system that empowers job creators to meet the
demands of a dynamic economy. It is time to give State and local
leaders greater freedom to serve their communities. It is time for a
workforce training system that spends taxpayer money wisely. It is time
to invest less
[[Page H1436]]
in bureaucracy and more in workers and training.
The SKILLS Act will help us reach these goals. The legislation
replaces 35 ineffective and duplicative programs with a new Workforce
Investment Fund. No more maze of programs. Instead, workers will get
help through one simple and flexible source of employment support.
The bill strengthens the role of job creators, as well as State and
local leaders, who know best the needs of their workforce. Doing so
will ensure the skills workers receive can be applied to the jobs of
today and the future, not the past.
The legislation also makes sure our most vulnerable workers--
including veterans, disadvantaged youth and individuals with
disabilities--are being served. Finally, the SKILLS Act provides
accountability over the use of taxpayer dollars. If a program
demonstrates a pattern of failure, then taxpayers will know about it.
Madam Chair, for 10 years, Congress has talked about job training
reform but has failed to make reform a reality. It is time to fix the
broken job training system and help put more Americans back to work.
I urge my colleagues to support the SKILLS Act, and I reserve the
balance of my time.
Mr. GEORGE MILLER of California. I yield myself 4 minutes.
Madam Chair, the House today is considering Republican legislation
that reauthorizes the Workforce Investment Act. Rewriting the Workforce
Investment Act is an important task, and it should be taken seriously.
It should be an opportunity to address some significant challenges in
our economy, including how to educate and train a diverse workforce
with the skills required to compete in a global market.
For 40 years, this task has been taken seriously by Members of both
parties. Job training legislation was generally bipartisan. So I wish
we were here to present a bipartisan bill on the floor. I wish we were
here to discuss the product of months of bipartisan negotiations. I
wish we were here to consider getting something done for the American
people.
But that's not the point of today's exercise. Today, we are here to
meet a deadline set by the majority leader as part of a rebranding
strategy. This bill is a political product. It puts ideology over
practical solutions and evidence-based reforms. It fails to take a
thoughtful approach to what our workers and businesses need. It
decisively walks away from the program's mission of helping our most
disadvantaged workers. That is why I oppose this bill.
First, the bill eliminates and consolidates programs simply for the
sake of elimination and consolidation. The populations served by these
programs often face daunting challenges in the job market. Youth, older
workers, farm workers, workers with disabilities, English-language
learners, veterans and low-income workers are among those who face the
greatest barriers to employment. Yet, programs that serve these
populations are the very programs targeted by the Republicans.
Even worse, the bill eliminates the directive requiring these poorest
workers to be given priority of service. With limited money, hard-to-
serve populations will be left out in the cold. And we have yet to hear
any credible evidence that eliminating these programs will save
taxpayer money. We have yet to hear any credible evidence that these
programs are duplicative, nor have we heard credible evidence that this
approach will make the system work better.
In fact, the Government Accountability Office warned that this one-
size-fits-all approach may make services less accessible to the many
groups considered hard to serve. Second, the bill restructures the
workforce system in a way that locks out key stakeholders and leaves
the system vulnerable to favoritism.
The legislation arbitrarily mandates that workforce boards increase
business participation of the board from 51 percent to 67 percent. This
will allow people in power to lock out key stakeholders, including
labor, community-based organizations, community colleges, or people who
work with youth or workers with disabilities. These stakeholders know
how to get training to the people. And they provide a voice for the
very people who need training and the very people looking for work.
The Republican bill will also allow Governors to remove local control
so that local communities won't be able to direct their own workforce
systems. Yet local communities working with local businesses, workers,
and other organizations know best how to respond to their economic
needs.
Finally, the Republican bill essentially turns funding into a block
grant and freezes authorization levels for 6 years. We all know that
this is a code word for cutting funding. That's what the Republicans
have been doing in the CR, and that's what the Republicans have been
doing in sequestration.
The Democrats have a different version. We agree that the current
system is in need of significant reform. So don't believe the other
side who falsely say that we want the status quo. The system should be
improved in ways to maintain our Nation's commitment to expand
opportunity for all Americans. We want to make job training programs
more efficient and more effective. This can be accomplished by
requiring unified plans that streamline and coordinate these services.
Democrats want to ensure real accountability so everyone knows which
programs work and which programs don't work.
Finally, we want to promote innovation in the workforce system by
fully engaging community colleges. This can be done by ensuring that
there are resources for community colleges to effectively respond to
economic challenges and to meet future industry needs.
This should be Congress' way forward to strengthen the workforce
investment system. Congress should not be dismantling the system and
leaving those who need help the most at the back of the line. I'm
disappointed that we have reached this point on this very important
topic. For months, the Democrats have extended a hand to work together
with the Republican majority.
I reserve the balance of my time.
Mr. KLINE. Madam Chair, I'm very pleased now to yield 3 minutes to
the gentleman from Tennessee, the chairman of the Health Subcommittee,
Dr. Roe.
Mr. ROE of Tennessee. I thank the chairman.
Madam Chair, today, there are more than 12 million Americans who are
out of work. These lives are on hold until the economy gets better--
provided that we here in Washington can stop ourselves from taxing,
borrowing, spending, and regulating it to a standstill. But even in
this time of economic uncertainty, there are 3.6 million job openings
in this country that remain unfilled--unbelievable when you have 12
million people out of work.
I support the bill on the floor today, H.R. 803, the SKILLS Act,
because it will help give some of our neighbors the sense of dignity
and satisfaction that only comes from a hard day's work done well.
This legislation will help to bridge the gap between unemployment and
work in three significant ways. First, the SKILLS Act will ensure that
workers can access job training programs immediately, eliminating the
need to navigate a complicated bureaucracy. By cutting through the red
tape, we can get workers trained and back into the workforce more
quickly.
At the same time, this bill removes some of the burdens on State and
local officials by repealing 19 mandates that impact who can serve on
workforce training boards, the entities that oversee local job training
programs.
Second, the SKILLS Act will require State and local leaders to use
common performance measures to measure the quality of services offered
to workers. This will ensure that there's accountability in workforce
training programs, ensuring a good return on taxpayer dollars.
The bill also empowers job creators by requiring that two-thirds of
workforce board members are from the business community. Giving more
say to the people who know the needs of their businesses and the local
economy is just plain good common sense.
Finally, the SKILLS Act will ensure that taxpayers are seeing a good
return on investment by eliminating or streamlining 35 ineffective or
duplicative Federal programs. It also gives Governors additional
flexibility to further consolidate any additional employment and job
training programs at
[[Page H1437]]
the State and local level to ensure efficiency and cut waste.
Let me just, Madam Chair, go through a few of these. We talk about
duplicative programs. This will help consolidate some of these. These
are the names of the programs: Reintegration of Ex Offenders; Grants to
States for Training for Incarcerated Individuals; Second Chance Act
Prisoner Reentry Initiative. It looks to me like we could have one
program for all of these.
Let me read a few more: Refugee and Entrant Assistance--Targeted
Assistance Grants; Refugee and Entrant Assistance--Social Services
Program; Refugee and Entrant Assistance--Targeted Assistance. And I
could go on and on with 35 programs. We heard our chairman speak that
one in five actually completes one of these programs here.
Let me just tell you what happens in our State of Tennessee. Every
Tennessean is within 1 hour of a technology center. These are all
across our State. Even in today's economy, with the economy being what
it is and hard to find a job, 90 percent of these people get a job, are
hired right now today, not one in five.
The CHAIR. The time of the gentleman has expired.
Mr. KLINE. I yield the gentleman an additional 30 seconds.
Mr. ROE of Tennessee. I thank the chairman for yielding.
I wanted to finish by saying there are things that work today out
here--today--that we can emulate. And we need to streamline this. You
should read all these 35. I agree with Ranking Member Miller. We do
need to reform these, and that's what this is an attempt to do. I want
to commend Dr. Foxx and Chairman Kline for the leadership on this
issue, and I encourage my colleagues to support this bill.
{time} 0930
Mr. GEORGE MILLER of California. I yield 3 minutes to the gentleman
from Texas (Mr. Hinojosa), the ranking member on a subcommittee of the
Education and the Workforce Committee.
Mr. HINOJOSA. Madam Chair, I rise today to oppose H.R. 803, a fatally
flawed and highly partisan bill that would weaken our Nation's current
public workforce training and adult education system at a time when
millions of Americans continue to struggle to find good, family-
sustaining jobs in our Nation's economy.
Simply put, H.R. 803 would take our Nation in the wrong direction,
making it more difficult for individuals with barriers to employment to
receive the education and training services they need to get back on
track.
The SKILLS Act repeals and consolidates 35 WIA programs that provide
invaluable training to adults, youth, veterans, farm workers,
dislocated workers, and many others.
This fatally flawed bill eliminates the priority of service delivery
for low-income adults and out-of-school youth, despite the high levels
of unemployment rates for youth of color and low-skilled workers.
This fatally flawed legislation strikes State and local board
representation for unions, community colleges, and community-based
organizations, moving away from some of the key tenets of WIA. It was
set up so that 51 percent of the seats on that board of directors would
be represented for the business community and 49 percent for those who
are not the employers and businesses, but those that I mentioned. That
type of diversity is very necessary, such as collaboration, inclusion,
strategic partnerships that work to improve people's lives.
Finally, this fatally flawed bill freezes program funding
authorization for fiscal years 2014-2020. I must underscore that job
training and unemployment services for WIA have already been cut 50
percent since 2011.
How can Congress freeze funding for WIA the next 6 years when we have
millions of men and women year after year who need training? How can
WIA boards do their job if the inflation costs and the increase of
operating costs like utilities, wages, insurance of properties and for
health insurance continue to increase?
For these reasons, it is no surprise that at least 50 organizations
strongly oppose or have concerns about this misguided legislation,
including the U.S. Conference of Mayors, the National League of Cities,
the National Council of La Raza, the Leadership Conference on Civil and
Human Rights, the National Skills Coalition, the Association of
Farmworker Opportunity Programs, the Consortium for Citizens with
Disabilities, Easter Seals, the AFL-CIO, the National Coalition for
Literacy, National Youth Employment. They go on and on.
I urge my colleagues on both sides of the aisle to vote against H.R.
803.
Mr. KLINE. Madam Chair, I'm pleased to yield 2 minutes to the
gentlewoman from Alabama (Mrs. Roby).
Mrs. ROBY. Madam Chair, I thank the gentleman.
I rise today in support of H.R. 803, the Supporting Knowledge and
Investing in Lifelong Skills Act, of which I'm a proud cosponsor.
This bill reforms and streamlines our Nation's critical job-training
programs.
Currently, over 30 different agencies are involved in workforce
development or unemployment services. Why? Because Washington loves
creating a bureaucracy, but rarely ever ends one.
The SKILLS Act changes that by consolidating these myriad departments
into one workforce development platform tasked with equipping
unemployed or underemployed workers with the skills that they need to
land a good job.
This bill also enhances flexibility by giving States more authority
to direct resources based on their individual needs. It empowers State
workforce development agencies to collaborate more with community
colleges by removing bureaucratic red tape. In addition, it repeals 19
Federal mandates that previously dictated who was even able to serve on
these State workforce boards.
Also, I'm pleased that the legislation that we're debating today also
reflects an amendment that I offered in the markup last week to
strengthen the underlying bill. My colleagues accepted my amendment
that prohibits any State or local agency from using Federal workforce
funds authorized by the SKILLS Act to turn around and lobby for more
funding or to engage in political activities.
We can all agree that Federal funds provided to State and local areas
should be used to provide workers the training and support they need to
find a job, especially when there are 12 million Americans searching
for work.
Workforce development agencies need to be using precious Federal
resources to help their unemployed workers land jobs, not to lobby
Congress for more funds and certainly not to advance political beliefs.
I am proud to vote in favor of H.R. 803. I encourage my colleagues on
both sides of the aisle to support this bill so we can streamline
government spending, eliminate duplication, and allow States to build
more effective workforce development programs.
Mr. GEORGE MILLER of California. I now yield 3 minutes to the
gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. I thank my friend for giving me the time.
It is a vexing problem that at a time of high unemployment we have a
lot of jobs unfilled in our country because we don't have sufficient
training for our people to fill those jobs. This is not a partisan
problem; it's a commonsense problem.
I believe it's a commonsense problem we could have solved if the
parties had worked together here, but Mr. Miller, Mr. Hinojosa, Mr.
Tierney, and many others on our side reached out to negotiate a
consensus on this bill, and those negotiations never happened. I
believe they should happen in the future and will happen in the future
to give us a better work product.
Here's what I think is wrong with the bill that's before us today. We
absolutely have to do a better job at training our own people to fill
the jobs that are vacant in this economy, but if you leave that
decision as to how to do that up to State politics and State capitals,
I think the evidence is pretty clear that people get left out of that
job-training situation.
Let's take a worker who's worked in an oil refinery or a factory and
his or her job has been outsourced to another country and at the age of
50 or 55 they have to start all over again. If you
[[Page H1438]]
leave the decision up to State politics as to whether or not that
worker gets training, I think it's pretty likely that he or she won't
get the training because people like that don't have a whole lot of
clout in State legislatures as far as I know.
We have teenagers, 17-, 18-, 19-years-old, that dropped out of high
school for reasons of having a child or having some criminal problem,
and they need to get back on their feet and back into the workforce.
They need a youth job-training program. These are people who don't have
lobbyists in the State legislature or much political clout at State
capitals, and they could be forgotten.
You have women that are the victims of domestic violence who are
nearly beaten to death by their husbands or boyfriends, and they need
to get back into the workforce so they can be self-supporting and self-
sustaining for themselves and their children.
But if you leave it to the State legislature, I'm not sure that those
citizens will get the job training that they need because they don't
have a whole lot of clout in the State legislatures across our country.
We should be sure that that displaced worker has the funds to get the
training for a new job. We should be sure that that teenager who needs
to be trained to lift himself or herself up has training for that new
job. We should be sure that the person who's a victim of domestic
violence has that kind of training that is needed to lift themselves
and their families up.
The fundamental division here is whether we guarantee that funds will
be available for the people I just described or whether we do not.
The right thing to do is to negotiate those kinds of guarantees into
this bill. When we do, I believe that we will go forward with a bill
that reforms and improves our job-training system.
Let's not waste any more time. Let's vote ``no,'' but then start the
negotiation today.
Mr. KLINE. Madam Chair, I am very pleased to yield 3 minutes to the
gentleman from Virginia (Mr. Goodlatte).
{time} 0940
Mr. GOODLATTE. I want to thank the gentleman from Minnesota, the
chairman of the Education and the Workforce Committee, for his
outstanding work on this.
I want to say to all of us that we should be sure that the people who
are needing job training in this country are being trained and prepared
for the jobs of the future, the jobs of opportunity, the jobs that are
being created in the communities; and whether people are teenagers or
women who have been the victims of domestic violence or anyone else,
they can be sure that, with the kind of flexibility and creativity in
this legislation, they will have the best opportunity to be trained for
those jobs.
As we stand here today, there are approximately 12 million Americans
without jobs. The numbers get worse the closer you look at them. Over
40 percent of these Americans have been unemployed for more than 6
months, and the percentage of Americans participating in the workforce
has recently fallen to under 64 percent, which is the lowest number
since 1981. The situation is even bleaker for America's youth, who
should be at the dawn of their careers. For people between the ages of
18 and 29, the unemployment rate is a shocking 12.5 percent. This is
simply unconscionable.
It is time for Congress and the President to take steps to address
both the high unemployment and unsustainable debt that is shackling
this country. The SKILLS Act is an important first step. This bill
streamlines duplicative Federal programs related to job training, and
it reduces bureaucracy so that more funds and support can go to the
people who need it--and not to Washington bureaucrats.
Specifically, the bill requires increased coordination among Federal,
State, local, and tribal agencies to ensure that money is well spent,
including on the Federal reentry programs that are focused on helping
prisoners reintegrate back into society. Also, within the Judiciary
Committee's jurisdiction, the bill ensures that employment and training
services for refugees are provided through the streamlined system set
up in the Workforce Investment Act as opposed to through several
different systems.
I would like to thank the gentleman from Minnesota again for working
with the Judiciary Committee on these provisions; and I support this
commonsense legislation that seeks to solve a serious problem by making
better use of the limited resources that we have, an approach that I
hope can be applied more broadly.
I commend the gentlewoman from North Carolina (Ms. Foxx) as well as
Chairman Kline for their leadership on this issue, and I urge my
colleagues to support the bill.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from Massachusetts (Mr. Tierney), one of the primary cosponsors of the
Democratic alternative.
Mr. TIERNEY. I thank the gentleman for yielding.
We could have had a bipartisan bill, and that seems to be the real
shame here. This has been historically a bill that has not been
hyperpartisan as the one that's before us today, the one by which the
parties have generally sat down together and considered each other's
opinions in order to come to the best solution, but it didn't happen.
The underlying bill arbitrarily eliminates and consolidates all the
programs and collapses them into one. It tries to substitute that, I
guess, for an analysis of what ought to be done. It relies on the
comments of a GAO report that said some of the programs may have
overlapped somewhat, but it did not reach the conclusion that they were
duplicative or that they didn't serve necessary and unique populations.
Instead, the majority has seized on that to collapse all of the
programs together and to freeze the funding instead of doing what our
bill would do, which is to provide for data and analysis in
consideration of what programs ought to be sustained; to make them
justify how they're improving and serving the populations; and to
determine whether or not there need to be changes or whether some do,
in fact, need to be terminated or consolidated. That process has been
avoided and ignored throughout.
It's interesting to note that the administration is invoked from time
to time as being opposed not just to this year's version but to last
year's version, which was fairly identical and that it indicates that
it doesn't meet the administration's goals set out for training in this
country.
The underlying bill would dissolve youth training programs. I've
heard comments about the seriousness of being involved with youths who
are out of work, but the underlying bill dissolves youth training
dedicated funds and other service delivery priorities, like to veterans
and the disabled. It also has virtually no support amongst all of the
people who are really involved in workforce development in this
country. There was very little, if any, consideration of their views
and their input into that despite the labor they put in and the policy
decisions that they help make day in and day out. The substitute has
broad support. It did go out and listen to the stakeholders on that,
and it did get their opinions and incorporated them, and that's why a
bipartisan discussion amongst Members would have benefited the bills on
that.
We have better accountability. The main bill abdicates to the
Governors who have taken Federal policy responsibility here where it's
deserved. There are many, many, many other reasons to oppose this bill
that we will get into when we talk about the substitute.
Mr. KLINE. I now yield 2 minutes to the chairman of the Workforce
Protections Subcommittee, the gentleman from Michigan (Mr. Walberg).
Mr. WALBERG. I thank the chairman.
Madam Chair, our country's job training program often stands, sadly,
as a barrier between workers and the employers who want to hire them.
In December 2012, employers reported 3.6 million job openings all
across our country despite the 12 million Americans searching for work.
The challenge is that today's job hunters are getting increasingly
frustrated by bureaucratic inefficiencies in their getting the specific
skills they need to fill many of these jobs.
The SKILLS Act would reform the Nation's workforce development system
and better equip job seekers with the abilities they need for today's
[[Page H1439]]
economy. It just makes good sense that reducing the size, cost, and
scope of Big Government expands the greatness and success of America's
industry and workforce.
H.R. 803 ensures that local employers are given more of a say in
these programs, helping to ensure that they are qualified and
recognized for today's most in-demand jobs. It also includes reforms
that allow States to determine what standards will be required for
providers, which will streamline the bureaucracy that has limited many
workforce development providers, such as community colleges, in their
goals to succeed.
My congressional district is fortunate enough to have a number of
talented, hardworking individuals and community colleges that are
committed to helping reinvent Michigan and its workers through these
programs. It's time to give both workers and employers more ability in
providing smart, commonsense solutions and tools to strengthen our
workforce and to put Americans back to work.
For, really, isn't that the reason that our government is set in
place--to ensure the opportunity for life, liberty and the pursuit of
happiness, and to ensure that that liberty will allow people choices
that only Americans really can make. Please join me in passing H.R.
803.
Mr. GEORGE MILLER of California. I yield 3 minutes to the gentleman
from New Jersey (Mr. Holt), a member of the committee.
Mr. HOLT. Madam Chair, I thank the ranking member, my friend from
California, and I rise in opposition to the SKILLS Act.
Workforce investment has an important role in Congress, and it could
and should be done in a bipartisan way. The government has a role to
play in setting standards to preserve fairness and to expand access.
The so-called SKILLS Act seeks to combine and reduce vital programs. It
takes 35 programs and identifies them for elimination, and it says the
Federal Government will leave a bushel basket full of money on the
steps of each State capitol. This is an abdication of our
responsibility to think hard, to work hard, to set standards.
What some on the other side might call ``red tape'' or
``overregulation'' I would call ``standards'' in order to see that the
workforce investment programs really address the needs of individuals
with disabilities or the needs of identifiable groups, such as veterans
and youth, who deserve our help, and that it will provide good services
for those who need the help most, not the easiest cases: say, single
parents, whose daily struggles with food and housing and transportation
and child care make job training difficult.
We had good ideas, the Democrats, ideas that were similar to what
went into the original Workforce Investment Act--ways to improve these
programs and make them serve all of these Americans. H.R. 803, for
example, does not support library resource centers. It ignores
individuals with disabilities and incumbent workers. The bill doesn't
allow libraries to partner fully in the workforce investment programs.
Last year, I introduced an amendment to authorize libraries to engage
in statewide employment and training activities. No such this year.
Many low-wage workers, often single mothers, struggling, need special
help. My home State of New Jersey had online learning for low-income
workers. By creating grants for online learning, such as laptops at
home, we could provide many of these workers who have to stay at home
and raise families the opportunity to improve their skills and enter
the new economy. Yes, that should be in this program for the Nation.
{time} 0950
The Rehabilitation Act is intended to aid individuals with
disabilities. The amendments to the Rehabilitation Act in this bill
before us today would reduce significantly the services for individuals
with disabilities by eliminating programs and eliminating those
dedicated funding streams, and saying instead: Well, you can do it if
you want to.
Incumbent workers do not get the help they need here. This act does
nothing to improve those people in low-level positions who have the
opportunity, with help, to move upward.
We need to work together to provide our Nation's job seekers the
resources and training they need. And we here in the Federal Government
have a responsibility to set the standards to see that people of all
sorts who need the help have the access.
Mr. KLINE. Madam Chair, I yield 3 minutes to the gentleman from
Nevada, a member of the committee, Dr. Heck.
Mr. HECK of Nevada. Madam Chair, I thank my colleague, Ms. Foxx, for
her leadership in bringing this important bill to the floor. I was
pleased to work with Ms. Foxx and Mr. McKeon in the last Congress on
similar legislation, and I've enjoyed working with my colleagues on
this bill.
I rise in support of the SKILLS Act because back in my district, the
biggest concerns of my constituents are still jobs and the economy.
Southern Nevada was hit hard by the recession due to our economy
relying heavily on the travel and tourism industries and the
construction industry. We lost a lot of jobs in those sectors, and, in
fact, unemployment is just under 10 percent in our State today.
Madam Chair, the SKILLS Act is exactly what southern Nevada needs to
foster our recovery. Our State is identifying and attracting new, in-
demand industries that will come to Nevada and create jobs and economic
opportunities. Now we need to train our workers to do these jobs, the
jobs that do and will exist, not the jobs that did exist. The SKILLS
Act will help us do that because it strengthens the role of employers
in workforce development decisions by requiring that two-thirds of the
workforce board members be local employers, and focuses training on in-
demand occupations.
The SKILLS Act will also improve job-training programs by eliminating
and streamlining 35 ineffective and duplicative programs, and creating
a flexible workforce investment fund to serve as a single source of
support for workers, employers, and job seekers. To think that our
State and local elected leaders are not concerned with helping all of
their unemployed, whether they be victims of domestic violence,
veterans, those unable to complete high school, or the single mom, is a
slap in the face to those local elected leaders, elected by their
constituents.
Finally, the SKILLS Act increases accountability and transparency for
workforce investment boards and their performance measures, ensuring
taxpayer dollars are spent responsibly. The SKILLS Act will certainly
improve workforce development efforts across the country, getting more
Nevadans and more Americans connected with the jobs of today and the
jobs of tomorrow, not the jobs of yesterday. I urge my colleagues to
support this important legislation.
Mr. GEORGE MILLER of California. Madam Chair, I yield 3 minutes to
the gentlewoman from Oregon (Ms. Bonamici), a member of the committee.
Ms. BONAMICI. Madam Chair, I thank Ranking Member Miller for yielding
me this time.
Today I rise in opposition to the SKILLS Act. This partisan bill,
unfortunately, takes a one-size-fits-all approach, freezing funding,
eliminating programs that help veterans, the disabled, young workers,
and older Americans find work, and ending the requirement that
community colleges serve on workforce investment boards. As a graduate
of a community college, I take that very seriously.
This bill also fails to address the skills gap issue. When I'm out in
my district talking to businesses large and small, especially in the
high-tech sector in Oregon's Silicon Forest, they often say there are
job openings but not enough qualified workers.
There's a substitute bill, the Workforce Investment Act, sponsored by
Mr. Miller, Mr. Hinojosa, and Mr. Tierney. Unlike the substitute bill,
the SKILLS Act doesn't include the WISE Investment Act language that I
authored to address the skills gap problem. The WISE Investment Act
helps connect the needs of small businesses and other stakeholders with
the training programs available through community colleges and
elsewhere.
It's time to set ideology aside and work together so that the best
ideas rise to the top. Unfortunately, this bill does the opposite. I
urge my colleagues to oppose this bill, and let's start working
together to get a bill with
[[Page H1440]]
broad support. I urge my colleagues to support real workforce reforms
that we need, that are bipartisan, and that address the skills gap
issue as well as the other important issues that are included in the
Workforce Investment Act, but unfortunately not in the partisan SKILLS
Act.
Mr. KLINE. Madam Chair, I yield 3 minutes to the gentleman from
Indiana (Mr. Rokita), the chairman of the Early Childhood, Elementary,
and Secondary Education Subcommittee on the committee.
Mr. ROKITA. Madam Chair, I thank Chairman Kline and Representative
Foxx for their work and their leadership on this bill.
The Workforce Investment Act is long overdue for reauthorization,
especially given the monumental changes to our economy over the past 10
years since the law was last authorized. There are many important
reasons to do so, including cutting waste and improving efficiency, but
the most important reason to me is the moral one. Quite simply, the
existing maze of Federal workforce training programs is failing those
whom it is intended to be serving. By trying to be all things to all
people, the Federal workforce training program is serving no one well,
and that's a problem.
The Federal Government's footprint has gotten far too large, and our
national debt has grown with it. As a result, it is failing to serve
the workforce of today, and it's piling up ever-larger bills for the
children of tomorrow, people who don't even exist yet.
What the SKILLS Act does is to consolidate and eliminate many
unnecessary and duplicative programs, not simply for the sake of
downsizing, but to improve the quality of the workforce training, and
that's what we all should be about, Republicans and Democrats alike.
Business owners understand this. They understand the importance of
streamlining and efficiency. They also understand the importance of
getting a good return on their investment, and we aren't getting that
right now. We have to make sure that the Federal Government abides by
those same principles. In addition to consolidating existing programs,
which the SKILLS Act does, it's important for us to make sure that we
are actually recovering savings and reducing the deficit as well. We
can do both things at once, my friends.
I'm thankful for the opportunity to work with Ms. Foxx and the
chairman to include an important provision that will take the next step
and reduce the amount of employees at the Department of Labor in line
with reducing the programs.
The bill gives the director of OMB 60 days to identify how many full-
time equivalent employees work on or administer programs that have been
eliminated or consolidated. The director would then have a year to
reduce the Federal Government's workforce by that same number.
Jobs that have the most value are jobs in the private sector, the
productive sector, and to the extent we need jobs in the public sector,
they should be to truly support and grow the private sector in a
responsible way.
Quite simply, if the programs no longer exist, then there is no
reason for extra Federal Government bureaucrats. While many of these
Federal employees are not doubt very committed to their work, it is
immoral for us to borrow more money from our children and grandchildren
to pay for unnecessary expenses today. The Department of Labor may
exist to serve our workforce, but it is not supposed to be a jobs
program in and of itself. The legislation before us is a strong step in
the right direction and will not only shrink the Federal Government and
reduce our debt, but will ensure that we are delivering better results
for America's workforce. By actually reducing the Federal Government's
employment rolls, we will be restoring more local control. And, perhaps
more importantly, will be making smarter use of America's tax dollars.
So I encourage my colleagues to support this legislation for that, and
also the common performance measures that are included in this.
One of my constituents, a small business owner, Jim Cramp, serves on
one of the workforce investment boards.
The CHAIR. The time of the gentleman has expired.
Mr. KLINE. I yield the gentleman an additional 30 seconds.
Mr. ROKITA. He says that these common performance measures are
absolutely critical. Even the simple difference of committing someone
to a job for, and measuring their performance in that job, from 6
months to a year makes all the difference in how we really gauge
whether or not these programs are successful and whether or not our
economy is really growing.
{time} 1000
Mr. GEORGE MILLER of California. Madam Chair, I yield 2 minutes to
the gentleman from Nevada (Mr. Horsford).
Mr. HORSFORD. Thank you to the ranking member for his leadership and
the committee members, as well, for working so hard to try to find a
balanced approach and a bipartisan approach to a very important bill,
which is job training and developing America's workforce.
The latest employment report for Nevada came out this morning, and
while we added 6,600 seasonally adjusted jobs, and are on the right
path, we cannot shortchange our workers at this critical time. I've
heard from my local elected officials who serve on workforce boards,
and they don't support the approach of H.R. 803, and that's why I
strongly oppose the bill as well.
Before coming to Congress, I ran a joint labor management training
academy in Las Vegas that helped train thousands of Nevadans--youth,
adults and dislocated workers--to find careers in the hospitality
industry each and every year, so I know the value of quality training
for prospective workers.
I'm opposing the so-called SKILLS Act because it's a partisan bill
that's dressed up as a workforce investment act legislation. It would
block-grant 35 work programs, pitting youth, older workers, and workers
with disabilities against each other for funding, and it would freeze
job-training investment for 7 years, even though funding for workforce
programs has already been cut in half since 2001, this at a time when
there's a growing demand for training and placement of workers.
The Democratic alternative to this bill builds partnerships with the
private sector, with labor, with community colleges. It evaluates the
efficiency of workforce programs, and it expands the use of on-the-job
training and incumbent worker training.
The CHAIR. The time of the gentleman has expired.
Mr. GEORGE MILLER of California. I yield the gentleman an additional
1 minute.
Mr. HORSFORD. I will work with anyone from any party who has a good
idea for how we can get the American people back to work.
Unfortunately, H.R. 803 is not that bill.
Mr. KLINE. Madam Chair, at this time I'm very pleased and honored to
yield 1 minute to the distinguished House majority leader, the
gentleman from Virginia (Mr. Cantor).
Mr. CANTOR. Madam Chair, I want to thank the gentleman from
Minnesota, the chairman of the Education and Workforce Committee, for
bringing this bill forward, and his leadership on so many issues
affecting working families across this country.
Madam Chair, I rise this morning to speak in favor of the SKILLS Act.
Today, there are 20 million Americans unemployed or underemployed. And
I want to take a moment and speak about the individual that's looking
for their next job and explain how the SKILLS Act will actually help
them.
First of all, the SKILLS Act streamlines the complicated maze of
existing Federal programs. Rather than spending time figuring out which
one of 30 different programs you're supposed to go to, this bill
creates a one-stop shop and creates a one-stop workforce investment
fund.
Second, if you need job training, the SKILLS Act eliminates
bureaucratic hurdles, such as first requiring you to work on your
resume and develop an individual employment plan so that you can access
the training that you need right away.
Third, by emphasizing the role of local employers on your local
workforce training board, the SKILLS Act helps ensure that the training
you receive is related to the jobs actually available in your area.
And, finally, the SKILLS Act makes sure that you receive quality
training by making it easier for community colleges and technical
schools to actually
[[Page H1441]]
participate in these workforce training programs.
What does all this mean? Better, more accessible job training to help
more people who are unemployed find jobs faster.
Yesterday, I had the opportunity to tour an automotive workshop at
the Northern Virginia Community College and saw firsthand the need to
train skilled workers.
I want to thank Chairman Kline, who went with me to that community
college, Congresswoman Virginia Foxx, and Congresswoman Susan Brooks,
for their leadership on this important issue.
The SKILLS Act has been endorsed by numerous employers, community
colleges, and community college systems, and a number of Governors
because they all recognize that a broken workforce training system
hurts those in need of assistance. We have a chance to fix that broken
system with this bill, and I urge my colleagues to support the SKILLS
Act.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from North Carolina (Mr. Butterfield).
Mr. BUTTERFIELD. I want to thank the gentleman for yielding time and
thank him for his leadership on the committee and what he has done for
education in this country.
Madam Chair, never have job-training and educational opportunities
been so crucial for so many people as they are during this challenging
economic time. Our country's economic situation is getting better. Last
month we added 236,000 jobs, and the unemployment rate fell to 7.7
percent, the lowest rate in 4 years.
But the unemployment rate in my home State of North Carolina is 9.4
percent; and in my First District, one in four people is below the
poverty level.
The SKILLS Act, Madam Chair, will stall our delicate economic
recovery at a time when we must invest in our workforce to ensure
hardworking people are able to access the training they need to achieve
the American Dream.
The SKILLS Act kills workforce development as we know it. It would
turn 35 important workforce development programs into a block-grant
system and force effective programs targeted to help disadvantaged
populations to compete against each other for funding.
The bill would subject workforce development programs to partisan
politics by putting funding in the hands of Governors and would remove
seats reserved for community interest groups and community colleges on
local workforce investment boards and, instead, leave the decision of
where to invest the money in the hands of who? Big business.
H.R. 803 would devastate the innovative partnerships the Workforce
Investment Act has created in my district. The bill would jeopardize
the partnership between Lenoir Community College and Spirit Aerosystems
in Kinston, where students gain technical experience for careers in
aerospace.
It would endanger YouthBuild, which helps disadvantaged youth find
employment in Goldsboro and Wilson and Elizabeth City, and a workforce
development and training center run by Edgecombe Community College,
which helps retrain dislocated workers in Rocky Mount, North Carolina.
For these reasons, Madam Chair, and more, I urge my colleagues to
oppose H.R. 803 and support the Democratic alternative.
Mr. KLINE. Madam Chair, can I inquire as to the time remaining on
each side.
The CHAIR. The gentleman from Minnesota has 9\1/2\ minutes remaining,
and the gentleman from California has 8\3/4\ minutes remaining.
Mr. KLINE. Madam Chair, I am pleased to yield 3 minutes to the
gentleman from Kentucky (Mr. Guthrie), a member of the committee.
Mr. GUTHRIE. Madam Chair, I thank the gentleman for yielding.
I rise today in support of the SKILLS Act. This legislation is a key
tool to improve employee skills, and, in turn, strengthen our Nation's
workforce.
Jobs and growing our Nation's economy must be our top priority. There
has never been a more critical time to make sure that our workforce has
the opportunity to find new jobs or receive additional education.
The bill includes a number of positive changes to the workforce
system. Creating a flexible workforce investment fund to give local
workforce investment boards additional flexibility is an important step
to get more workers through the system.
This bill also does away with the antiquated sequence of services
which delays access to training. In addition, the bill enhances adult
literacy, a cause that is particularly important to me.
Today, approximately 12 million Americans are without work; yet jobs
are open in many industries, especially in manufacturing. When I travel
around my district, I continue to hear that employers are actively
looking for workers but have difficulty finding the skilled workforce
they need.
Technology will always be advancing. We must ensure our workforce is
armed with the skillset to perform the tasks that are required today
and tomorrow. This bill will address this problem head-on and allow for
the education these individuals need.
These high-skilled, high-wage, and high-demand jobs are the pathways
to the American Dream. I've seen firsthand, at my family's
manufacturing facility, how lives can be transformed through additional
skills and investing in our workforce.
{time} 1010
There are countless benefits to better educating our workforce as our
economy continues to rebuild from the recession. We must do everything
we can to put Americans back to work. I hope my colleagues will join me
in supporting this effort for our Nation's workforce.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from Rhode Island (Mr. Cicilline).
Mr. CICILLINE. I thank the gentleman from California for yielding.
I rise today in strong opposition to the so-called SKILLS Act, H.R.
803, a bill that would fail to live up to our responsibility to job
seekers, businesses, and working men and women across our country. I
served as mayor of the city of Providence for 8 years and saw closely
what excellent workforce boards do in my home State.
Right now, we should be doing everything we can to put our Nation
back to work and offer assistance to folks who are struggling to find
employment; but, unfortunately, this highly partisan bill does just the
opposite. It would block-grant and effectively eliminate 35 programs,
including programs that help dislocated workers, veterans, disabled
workers, and other disadvantaged populations, putting these individuals
at high risk of losing access to services. And even though funding for
the Workforce Investment Act has been cut in half since 2001, this
radical proposal would freeze investments in job training and other
workforce investment services for 7 years.
Mr. Hinojosa, Mr. Miller, and Mr. Tierney have offered a commonsense
alternative that will create strategic partnerships with employers,
community colleges, labor unions, and nonprofits to find new jobs and
careers for working families. The Democratic alternative would expand
the central role of community colleges in job training by authorizing
$8 billion for President Obama's Community College to Career Fund to
help community colleges recognize credentials so that students will
graduate with job training that meets the needs of employers. It would
also better serve high-poverty areas with effective services by
creating innovation funds to expand the use of promising strategies for
adults and young people.
Ladies and gentlemen, our country is facing serious economic
challenges, and we need a serious solution like that offered in the
Workforce Investment Act. I urge my colleagues to oppose H.R. 803 and
support the Democratic alternative to enact real workforce reform that
will put Americans back to work.
Mr. KLINE. I see our last speaker hasn't arrived on the floor, and I
don't know that he will. So in the interest of keeping this moving,
I'll reserve the balance of my time.
Mr. GEORGE MILLER of California. I yield myself 30 seconds.
In closing, I think what's clear from the speakers on the Democratic
side who spoke this morning is that it was really quite possible to
have a bipartisan bill come to the floor of the
[[Page H1442]]
House out of our committee. We offered to enter into Member-to-Member
negotiations. That offer was not taken up.
This bill was introduced 1 week in a hearing and reported the next.
And the fact of the matter is I think there's a great desire on both
sides of the aisle to make this a well-run, well-functioning program
for the people who need it so they can get back into the workforce in
the American economy. But, unfortunately, that didn't happen, and we're
now left with a partisan bill, much like we were last year. I think,
unfortunately, it's going to make it very difficult to get a good job-
training bill to the President's desk for his signature.
I yield back the balance of my time.
Mr. KLINE. I yield myself such time as I may consume.
We believe that the SKILLS Act is genuine, commonsense reform
addressing a real problem that our Nation has faced for years. This
authorization expired in 2003; and so under Republicans and Democrats,
we've been unable to get legislation passed into law through the
committee, through the House, and move it forward. There have been all
sorts of reasons for this. Sometimes it was just recognized that it's
too hard; but in any case, we haven't been able to move it. And that
includes, frankly, under 4 years when the other side had the majority,
chaired this committee, and in fact had a majority in the House and the
Senate and the White House and were unable to move legislation forward.
So I appreciate the calls for bipartisanship. I'm not entirely sure
why walking out of a markup engenders further bipartisan support.
Nevertheless, that's what we're faced with.
This legislation was thoughtfully developed after the committee
convened multiple hearings over the last 3 years, examined the
testimony of dozens of witnesses, including Governors and State and
local workforce investment leaders. This ongoing debate has been open
and fair.
When we had this bill in the committee last year, amendments were
offered by Republicans and Democrats. Amendments passed, as offered by
Republicans and Democrats. We have to move this legislation forward. We
can no longer afford the failed status quo that wastes taxpayer dollars
and prevents people from getting the skills they need to get the jobs
that are available today.
The SKILLS Act will strengthen the workforce training system, make
our Nation more competitive in the 21st century, and help put Americans
back to work.
I urge my colleagues to vote ``yes'' on H.R. 803, and I yield back
the balance of my time.
Mr. CONNOLLY. Madam Chair, the demand for employment services and
skills training continues to grow. In my Northern Virginia district,
the local Workforce Investment Board fielded nearly 90,000 requests for
job search assistance last year, and those requests have increased 170%
since 2007. During my tenure as Chairman of the Fairfax County Board of
Supervisors, I served as the Chief Local Elected Official on the
Workforce Investment Board and witnessed firsthand the collaboration
among local businesses, community colleges, universities, nonprofits,
governments and other community organizations to offer valuable skills
training and workforce support in our community.
The federal Workforce Investment Act was enacted 15 years ago, and
its authorization expired 10 years ago. Thankfully Congress has
continued to fund these vital services to help job-seekers access the
training they need to find work and help employers find the skilled
workers they need to operate. While the Workforce Investment Act is
long overdue for modernization, the bill before the House today, H.R.
803, falls short of the mark. Under the guise of efficiency, it
eliminates 35 workforce programs currently serving low-income adults,
seniors, veterans, individuals with disabilities, and youth. By
converting to block grant funding, it shifts too much authority to the
states at the expense of local jurisdictions. That is why organizations
like the U.S. Conference of Mayors, the National Association of
Counties, the National League of Cities, and the National Association
of Workforce Boards oppose H.R. 803. In fact, my local workforce board
estimates that local governments will face an additional financial
burden under this legislation at a time when their budgets can least
afford it. In addition, this bill sets an arbitrarily low level of
funding and freezes it for the next six years. These investments are
creating a more skilled and productive workforce. We ought to be
investing more not less in this effort, yet workforce funding has been
cut in half over the past decade. And lastly, this bill unnecessarily
changes the makeup of local workforce board membership at the expense
of local community organizations, which is why groups like the Easter
Seals, Goodwill, the National Disability Rights Network, the National
Coalition for Literacy, the United Way, and others oppose it.
The Workforce Investment Act has until recently been a bipartisan
effort, and I urge my colleagues to pursue reforms that will renew that
tradition to better serve those seeking work assistance in our
communities.
Mr. BUCSHON. Madam Chair, we are here today to discuss the positive
reforms within the SKILLS Act. Our Nation's current job training system
is broken. The SKILLS Act will give state and local governments more
flexibility by consolidating 35 existing federal employment and
training programs into a single Workforce Investment Fund. This will
end the long line of bureaucratic red tape, lower costs, and increase
the representation of employers on local workforce boards.
I have received numerous letters from Hoosier small business owners
asking me to support the SKILLS Act. The reason? This bill unites the
local small business community by enhancing their involvement in career
development programs, closing the skills gap, and providing more job
opportunities in this struggling economy, which saw the GDP decline in
the fourth quarter of 2012.
Our founding fathers believed that reducing the size and scope of the
federal government and restoring power back to the states and this bill
matches that theme.
The Indiana Department of Workforce Development echoes our message
that states need the flexibility to rein in bureaucracy and provide our
workers with a more dynamic, flexible, and efficient network of job
training services. Currently, Indiana uses their funds on programs
like: A youth summer program that combines in-the-class training and
internships, or the state funded Western Governors University . . .
Indiana's nursing program. These programs apply funding where it is
needed most--helping Hoosiers find jobs.
These are just a few, in a long line, of positive impacts upon which
the SKILLS Act could improve. Empowering state governors to consolidate
additional employment and training programs and services at the state
level provides the flexibility that governors need to distinguish well
planned and broad reaching initiatives that are best for their states.
The SKILLS Act helps put Americans back to work. I, and the majority
of the members of the Education and Workforce committee, stand
committed to advance job training reforms that are fiscally responsible
and produce a positive ``return on investment'' of taxpayer dollars.
Walking out, as the minority chose to do during our committee markup,
simply casts a cold shoulder on much needed reform in our workforce
training programs. I urge my colleagues to support the SKILLS Act, to
give hardworking Americans the training and education they so badly
need.
Ms. JACKSON LEE. Madam Chair, I rise today in opposition to H.R. 803,
the ``Supporting Knowledge and Investing in Lifelong Skills Act, or
SKILLS Act.''
While H.R. 803 rightfully reauthorizes the Work Force Investment Act
(WIA), it does so while adding destructive provisions that undermine
the very core goals of the legislation. As an alternative, we ought to
consider H.R. 798.
Moreover, despite some of the rhetoric coming from the proponents of
H.R. 803, one need only read the Congressional Budget Office (CBO)
Report to know that this bill does not save the American taxpayers
anything.
The Workforce Investment Act was signed into law by President Clinton
in 1998, and provides a framework for our nation's workforce
preparation and employment system. It was designed to help American
workers advance their careers while satisfying the needs of U.S.
businesses. The idea was a simple yet effective one: to train American
workers for the jobs that businesses demand.
Despite partisan resistance nearly every step of the way, our current
economic policies have put us on the right path toward economic growth,
with 260,000 jobs added and unemployment falling to 7.7% during the
month of February.
Today, while the American people are demanding that Congress act to
facilitate the creation of even more new jobs, H.R. 803 would take us
in the opposite direction by freezing investment in job training and
other WIA programs for seven years, from Fiscal Year 2014 through
Fiscal Year 2020.
It is inconceivable that at a time when millions of Americans are
looking for work, this bill proposes to cut funding from the very
programs that would help give the Americans the skills they need to
secure jobs in our changing economy.
Moreover, WIA funding has already been cut in half since 2001. After
more than a decade of placing funding for WIA on the backburner, now
more than ever is the
[[Page H1443]]
time to invest in American workers to assist them in securing their
economic futures.
Worse still, H.R. 803 effectively consolidates 35 programs under the
WIA into a single block grant, despite the lack of any independent
evaluation of whether such a consolidation would be beneficial.
Currently, the programs are individually tailored to meet the needs of
different types of workers, including adults, youth, farmworkers,
dislocated workers, and other disadvantaged populations.
However, by consolidating these programs into one lump sum block
grant, diverse groups of workers with different skills and different
needs would be forced to compete with one another for the same
resources.
The youth employment rate remains unacceptably high, and the SKILLS
Act would force young aspiring workers to compete with adults for the
resources of a single fund focused on serving the needs of adults.
If enacted, H.R. 803 would allow state officials to choose to reduce
or eliminate programs that support some of our nation's most vulnerable
populations who derive the most benefit from the programs.
H.R. 803, if enacted would have a disparate impact on youth, persons
living in high-poverty communities, minorities, women, seniors, persons
with disabilities, those recently incarcerated, single parents,
veterans, those who lack English proficiency or do not have a high
school diploma or GED.
Perhaps the most appalling part of H.R. 803 is that it eliminates the
Disabled Veterans Outreach Program, which is specifically tailored to
help disabled veterans.
Veterans who return home to the country that they sacrificed for
deserve to have a program dedicated to helping them overcome their
challenges in obtaining employment as a result of injuries sustained
while serving.
Eliminating the program without providing disabled veterans with an
alternative that contains accountability measures that preserve their
unique interests is categorically unacceptable.
I urge Members to alternatively consider H.R. 798, the ``Workforce
Investment Act of 2013,'' which modernizes the Workforce Investment Act
to improve the nation's workforce investment infrastructure.
H.R. 798 is focused on focusing on finding workers jobs and careers
via strategic partnerships with in-demand sector employers, community
colleges, labor organizations, and nonprofits.
The American people want tangible solutions; not another
ideologically partisan bill that harms the very people who can least
afford it during an economic recovery.
Mr. BLUMENAUER. Madam Chair, I am voting against H.R. 803, ``The
SKILLS Act,'' because it significantly limits the important role that
community colleges, labor unions, and local community leaders play in
assessing workforce needs and delivering important workforce
development resources. It also ignores the unique needs of many
individuals who are disadvantaged in the workforce and represents a
step backward from current policy.
Effectively investing in workforce development programs that train
workers to compete in an ever changing and increasingly technology-
based job market is essential to improving quality of life, rebuilding
our fragile economy, and bolstering our competiveness over the long-
term. Decisions about the best way to channel resources to ensure
success should represent a wide variety of perspectives. While industry
and local elected officials have an essential role to play in these
conversations, this legislation favors the private sector while
unnecessarily limiting the participation of institutions that offer
workforce training programs, of groups representing workers rights, and
of organizations advocating for minority and underrepresented groups.
The legislation also consolidates workforce and training programs
into state-level block grants designed to serve everyone. There are
many groups that face unique challenges to obtaining employment, such
as veterans, minorities, workers with disabilities, and young people.
It is important that we ensure these groups have access to Workforce
Investment Act programs, and consolidating programs into a block grant
runs the risk of overlooking these unique needs.
Many of my colleagues on both sides of the aisle agree that the
Workforce Investment Act needs reform. This is why I support H.R. 798,
which would reauthorize the Workforce Investment Act while
strengthening partnerships between employers, community colleges, labor
unions, and other stakeholder groups. It also streamlines and
coordinates workforce programs without eliminating the important focus
on disadvantaged groups.
Unemployment remains stubbornly high across the country. As we slowly
continue to recover from the economic recession, it is essential that
we make smart investments in workforce development. In Portland,
Oregon, our region saw 155,900 people use workforce services in 2012,
with 68,000 completing workforce programs, and 35,400 being placed for
work. Under the guise of streamlining programs, H.R. 803 runs the risk
of reducing these numbers, limiting access and limiting the
effectiveness of our investments in Oregon and around the country at
the exact time we should be increasing access to and enrollment in
workforce training programs.
Mr. DINGELL. Madam Chair, I rise in strong opposition to H.R. 803,
the SKILLS Act.
What we have before us today is another sorry excuse at legislating
dressed up as compassionate conservatism. The SKILLS Act will ensure
that disadvantaged populations, like youth, minorities, older workers,
and the disabled, continue to suffer disproportionately in hard
economic times. These are precisely the jobseekers whom the workforce
investment system was designed to serve, but the practical effect of
the SKILLS Act would be to reduce their access to programs meant to
help them find meaningful employment.
Madam CHAIR, the SKILLS Act's justification as a rationalization of
worker training programs is nothing more than lip service to the real
needs of chronically unemployed Americans. It consolidates 35 separate
programs into block grants and attaches few, if any, strings to their
use by state governors. In point of fact, the SKILLS Act is an
extension of House Republicans' plans for Medicare and Medicaid, which
would amount to a decrease in disadvantaged Americans' access to
important services. Moreover, the SKILLS Act freezes the Workforce
Investment Act's authorization level through 2020, an amount already
demonstrated to be woefully inadequate to the needs of the unemployed.
It also grieves me that H.R. 803 eliminates separate training funds
for youth programs, eliminates the Disabled Veterans Outreach Program,
and eliminates the priority of service delivery for low-income adults
or out-of-school youth. These people should be at the front of the
line, yet the SKILLS Act cuts them out completely.
Finally, the SKILLS Act severely restricts the participation of
unions, community-based organizations, and community colleges on state
and local workforce investment boards. Collectively, these
organizations have nearly unparalleled experience in proper workforce
development and must be a part of any worker training plan.
Madam Chair, H.R. 803 is a dangerous step in the wrong direction. It
will not prevent the further erosion of our labor force. The SKILLS Act
is another expression of Republican indifference to the crumbling
infrastructure that once made this country great. Some things are worth
substantial investment, and that includes our workforce. If we don't
heed this call, our country will become a second-rate economic power at
best.
I urge my colleagues to vote down the SKILLS Act. I further encourage
my colleagues to support the Democratic alternative to this bill, the
Workforce Investment Act of 2013, and in so doing demonstrate a clear
commitment to getting our workforce in shape for the 21st century.
Mr. GINGREY of Georgia. Madam Chair, I rise today in support of H.R.
803, the SKILLS Act, and urge my colleagues to support its passage.
Our current workforce development system is broken. Each year, the
federal government spends billions on job training programs, but only a
fraction of workers receive and complete the training necessary to get
a job. Roughly 12 million Americans are unemployed
[[Page H1444]]
and looking for work, yet the Bureau of Labor Statistics reports
millions of job openings are unfilled, with a large number of people
giving up the search for employment completely.
Madam Chair, the SKILLS Act works to correct these problems. This
bill eliminates and streamlines 35 ineffective and duplicative programs
and gives state and local governments more flexibility to consolidate
employment and training programs at the state level. Additionally, H.R.
803 increases employer involvement in local training boards, which
ensures that training can be adapted to local demands.
Madam Chair, the SKILLS Act protects taxpayer dollars and provides
workers with more effective job training services, while further
empowering state and local governments. I urge my colleagues to join me
in supporting H.R. 803.
Ms. KAPTUR. Madam Chair, I rise in opposition to H.R. 803, the
Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act.
This bill does not position our workers to complete in the new economy.
Despite what Wall Street and some economists think, America is still
in a recession and plowing our way forward to full recovery. This
nation has a jobs crisis that should be the number one priority for
this Congress.
According to the U.S. Bureau of Labor Statistics, when you consider
persons marginally attached to the workforce, the real unemployment
rate is over 14 percent, not 7.7 percent.
The unemployment rate for construction workers is 15.7 percent, for
teenagers it is 25.1 percent, and for transportation and production the
unemployment rate is 10 percent.
There are over 12 million people unemployed in this country with 4.8
million considered long-term unemployed. That means over 40 percent of
the unemployed individuals in the United States have been jobless for
27 weeks or more.
Madam Chair, I agree with my Republican colleagues that we need to
reform our Workforce Investment Act (WIA) job training programs to meet
the challenges of today's labor market. However, the bill before us
fails to make the needed reforms to help the 12 million unemployed
individuals in this country.
The underlying bill creates a one-size-fits-all Workforce Investment
Fund that will ultimately disadvantage workers with disabilities,
youth, older workers, women and disabled veterans.
H.R. 803 freezes job training funding levels through fiscal year
2020. These programs have been cut in half already and this bill makes
those cuts permanent. We should be closing corporate tax loopholes to
invest in our workers, not penalizing workers even more. One balances
budgets when people go back to work. This bill should be written to
that end.
I'm also particularly concerned that the bill eliminates the
requirements that community colleges and non-profits be represented on
local Workforce Investment Boards. What is stopping local Boards from
being dominated by some business interests and turning into another
form of corporate welfare? Education and training are the roads forward
to the future. America cannot afford to ignore those most able to teach
and train to the future.
I urge my colleagues to join me in opposing this bill.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chair, I rise today in
opposition to H.R. 803, the Supporting Knowledge and Investing in
Lifelong Skills (SKILLS) Act. H.R. 803 is a poor alternative to the
critical reauthorization of the Workforce Investment Act (WIA), and
would ultimately limit access to employment resources and occupational
training for the most vulnerable segments of the population.
Numerous organizations, as well as Members of Congress, have come out
in overwhelming opposition to H.R. 803 for its unsystematic approach to
consolidate government programs and reduce costs. This legislation
would collapse 35 federal job training programs and convert these
targeted programs into a single indiscriminate fund administered
through the states. H.R. 803 works counter to the original intent of
the law, which was specifically tailored to support America's veterans,
youth, seniors, disabled, and underprivileged workers.
Instead of H.R. 803, I support H.R. 798, proposed by Representative
John Tierney. H.R. 798 would preserve these important programs for
workers, while taking reasonable and deliberate steps to streamline
government operations without ignoring the original intent behind WIA.
I am a proud cosponsor of this bill, and will only support legislation
that is genuine in its intent, and does not discriminate in terms of
how it apportions benefits.
Madam Chair, H.R. 803 would dismantle critical support structures
that have helped develop the U.S. workforce since WIA's inception in
1998. Despite steady progress, our economy remains fragile, and we must
do everything within our power to ensure that workers have the
resources and support they need to excel in an increasingly competitive
environment. I urge my colleagues to oppose H.R. 803 in favor of a
balanced approach that keeps the best interests of the American worker
at its core focus.
Mr. McKEON. Madam Chair, I rise today to speak briefly about one of
the programs that is being consolidated in the SKILLS Act: YouthBuild.
While I support the overall bill on the floor today and look forward to
an eventual reauthorization of WIA, I am concerned about the fate of
YouthBuild. Let there be no doubt that with the GAO findings on our
workforce training system there needed to be some consolidation, but
not all programs are created equal. Some work better than others. Some
work well in some districts while not so well in others.
Mr. Speaker, I had the great privilege of visiting the local
YouthBuild center in my congressional district just a couple weeks ago.
The Antelope Valley YouthBuild center is molding teens and young adults
into model citizens. The staff works with youth ages 16-24 to help them
build the confidence and skills needed to thrive in their communities.
Participants work toward acquiring marketable skills to launch them
into their careers while ensuring they complete their high school
education. Participants give back to their community by building
affordable housing in the Antelope Valley.
YouthBuild leverages public dollars as well as private dollars.
Community and faith-based non-profit organizations sponsor most of the
programs and the staff work tirelessly to make the program well-rounded
for the participants and respected in the community.
I spoke to several young people during my visit whose lives had been
completely transformed by the program. Instead of dreaming for even a
sub-par life, these young people now have the confidence to not just
survive in our world, but to thrive. The skills they learned, the bonds
they made, and the good they did in their communities is shown through
their great pride in what they have accomplished. They are finally
feeling hopeful for the future.
I do not want the rug to be pulled out from under them by
consolidating this program. At least in my district, this program has a
significant impact on many lives and the community at large. I
understand that not all programs are best run from Washington.
Bureaucrats often don't understand what local communities need and how
they operate, so operating every program at the national level is bad
policy. But Mr. Speaker, some programs deserve a second look and I
believe YouthBuild is one of those programs.
In 2011 alone, nearly 18,000 young people were turned away due to a
lack of funds. The program has served over 110,000 young people since
1992 and since 2006 the Deparment of Labor has had twice as many
applicants than it can fund.
Madam Chair, this is a popular program that has proven results. It
is a program that has changed lives for the better in my district and
many other districts across our country. I would urge Chairman Kline
and Subcommittee Chairman Foxx to reconsider consolidation of
YouthBuild if WIA gets to a conference committee.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Education and the Workforce, printed in the bill, it
shall be in order to consider as an original bill for the purpose of
amendment under the 5-minute rule an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 113-4. That
amendment in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 803
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Knowledge and
Investing in Lifelong Skills Act'' or the ``SKILLS Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
TITLE I--AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998
Subtitle A--Workforce Investment Definitions
Sec. 101. Definitions.
Subtitle B--Statewide and Local Workforce Investment Systems
Sec. 102. Purpose.
Sec. 103. State workforce investment boards.
Sec. 104. State plan.
Sec. 105. Local workforce investment areas.
Sec. 106. Local workforce investment boards.
Sec. 107. Local plan.
Sec. 108. Establishment of one-stop delivery system.
[[Page H1445]]
Sec. 109. Identification of eligible providers of training services.
Sec. 110. General authorization.
Sec. 111. State allotments.
Sec. 112. Within State allocations.
Sec. 113. Use of funds for employment and training activities.
Sec. 114. Performance accountability system.
Sec. 115. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 116. Job Corps purposes.
Sec. 117. Job Corps definitions.
Sec. 118. Individuals eligible for the Job Corps.
Sec. 119. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 120. Job Corps centers.
Sec. 121. Program activities.
Sec. 122. Counseling and job placement.
Sec. 123. Support.
Sec. 124. Operations.
Sec. 125. Community participation.
Sec. 126. Workforce councils.
Sec. 127. Technical assistance.
Sec. 128. Special provisions.
Sec. 129. Performance accountability management.
Subtitle D--National Programs
Sec. 130. Technical assistance.
Sec. 131. Evaluations.
Subtitle E--Administration
Sec. 132. Requirements and restrictions.
Sec. 133. Prompt allocation of funds.
Sec. 134. Fiscal controls; sanctions.
Sec. 135. Reports to Congress.
Sec. 136. Administrative provisions.
Sec. 137. State legislative authority.
Sec. 138. General program requirements.
Sec. 139. Federal agency staff.
Subtitle F--State Unified Plan
Sec. 140. State unified plan.
TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
Sec. 201. Amendment.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Amendments to the Wagner-Peyser Act.
TITLE IV--REPEALS AND CONFORMING AMENDMENTS
Sec. 401. Repeals.
Sec. 402. Amendment to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
Sec. 403. Amendments to the Food and Nutrition Act of 2008.
Sec. 404. Amendments to section 412 of the Immigration and Nationality
Act.
Sec. 405. Amendments relating to the Second Chance Act of 2007.
Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act
of 1968.
Sec. 407. Conforming amendments to the United States Code.
Sec. 408. Conforming amendment to table of contents.
TITLE V--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 501. Findings.
Sec. 502. Rehabilitation services administration.
Sec. 503. Definitions.
Sec. 504. State plan.
Sec. 505. Scope of services.
Sec. 506. Standards and indicators.
Sec. 507. Collaboration with industry.
Sec. 508. Reservation for expanded transition services.
Sec. 509. Client assistance program.
Sec. 510. Title III amendments.
Sec. 511. Repeal of title VI.
Sec. 512. Chairperson.
Sec. 513. Authorizations of appropriations.
Sec. 514. Conforming amendments.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
amendment or repeal shall be considered to be made to a
section or other provision of the Workforce Investment Act of
1998 (29 U.S.C. 9201 et seq.).
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments
made by this Act shall be effective with respect to fiscal
year 2014 and succeeding fiscal years.
TITLE I--AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998
Subtitle A--Workforce Investment Definitions
SEC. 101. DEFINITIONS.
Section 101 (29 U.S.C. 2801) is amended--
(1) by striking paragraphs (13) and (24);
(2) by redesignating paragraphs (1) through (12) as
paragraphs (3) through (14), and paragraphs (14) through (23)
as paragraphs (15) through (24), respectively;
(3) by striking paragraphs (52) and (53);
(4) by inserting after ``In this title:'' the following new
paragraphs:
``(1) Accrued expenditures.--The term `accrued
expenditures' means charges incurred by recipients of funds
under this title for a given period requiring the provision
of funds for goods or other tangible property received;
services performed by employees, contractors, subgrantees,
subcontractors, and other payees; and other amounts becoming
owed under programs assisted under this title for which no
current services or performance is required, such as
annuities, insurance claims, and other benefit payments.
``(2) Administrative costs.--The term `administrative
costs' means expenditures incurred by State and local
workforce investment boards, direct recipients (including
State grant recipients under subtitle B and recipients of
awards under subtitles C and D), local grant recipients,
local fiscal agents or local grant subrecipients, and one-
stop operators in the performance of administrative functions
and in carrying out activities under this title which are not
related to the direct provision of workforce investment
services (including services to participants and employers).
Such costs include both personnel and non-personnel and both
direct and indirect.'';
(5) in paragraph (3) (as so redesignated), by striking
``Except in sections 127 and 132, the'' and inserting
``The'';
(6) by amending paragraph (5) (as so redesignated) to read
as follows:
``(5) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given the term in section 3(3) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302(3)).'';
(7) in paragraph (6) (as so redesignated), by inserting
``(or such other level as the Governor may establish)'' after
``8th grade level'';
(8) in paragraph (10)(C) (as so redesignated), by striking
``not less than 50 percent of the cost of the training'' and
inserting ``a significant portion of the cost of training, as
determined by the local board (or, in the case of an employer
in multiple local areas in the State, as determined by the
Governor), taking into account the size of the employer and
such other factors as the local board determines to be
appropriate'';
(9) in paragraph (11) (as so redesignated)--
(A) in subparagraph (A)(ii)(II), by striking ``section
134(c)'' and inserting ``section 121(e)'';
(B) in subparagraph (B)(iii)--
(i) by striking ``134(d)(4)'' and inserting ``134(c)(4)'';
and
(ii) by striking ``intensive services described in section
134(d)(3)'' and inserting ``work ready services described in
section 117(d)(5)(C)'';
(C) in subparagraph (C), by striking ``or'' after the
semicolon;
(D) in subparagraph (D), by striking the period and
inserting ``; or''; and
(E) by adding at the end the following:
``(E)(i) is the spouse of a member of the Armed Forces on
active duty for a period of more than 30 days (as defined in
section 101(d)(2) of title 10, United States Code) who has
experienced a loss of employment as a direct result of
relocation to accommodate a permanent change in duty station
of such member; or
``(ii) is the spouse of a member of the Armed Forces on
active duty who meets the criteria described in paragraph
(12)(B).'';
(10) in paragraph (12)(A) (as redesignated)--
(A) by striking ``and'' after the semicolon and inserting
``or'';
(B) by striking ``(A)'' and inserting ``(A)(i)''; and
(C) by adding at the end the following:
``(ii) is the spouse of a member of the Armed Forces on
active duty for a period of more than 30 days (as defined in
section 101(d)(2) of title 10, United States Code) whose
family income is significantly reduced because of a
deployment (as defined in section 991(b) of title 10, United
States Code, or pursuant to paragraph (4) of such section), a
call or order to active duty pursuant to a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code, a permanent change of station, or the service-
connected (as defined in section 101(16) of title 38, United
States Code) death or disability of the member; and'';
(11) in paragraph (13) (as so redesignated), by inserting
``or regional'' after ``local'' each place it appears;
(12) in paragraph (14) (as so redesignated)--
(A) in subparagraph (A), by striking ``section 122(e)(3)''
and inserting ``section 122'';
(B) by striking subparagraph (B), and inserting the
following:
``(B) work ready services, means a provider who is
identified or awarded a contract as described in section
117(d)(5)(C); or'';
(C) by striking subparagraph (C); and
(D) by redesignating subparagraph (D) as subparagraph (C).
(13) in paragraph (15) (as so redesignated), by striking
``adult or dislocated worker'' and inserting ``individual'';
(14) in paragraph (25)--
(A) in subparagraph (B), by striking ``higher of--'' and
all that follows through clause (ii) and inserting ``poverty
line for an equivalent period;'';
(B) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(C) by inserting after subparagraph (C) the following:
``(D) receives or is eligible to receive free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);'';
(15) in paragraph (32), by striking ``the Republic of the
Marshall Islands, the Federated States of Micronesia,'';
(16) by amending paragraph (33) to read as follows:
``(33) Out-of-school youth.--The term `out-of-school youth'
means--
``(A) an at-risk youth who is a school dropout; or
``(B) an at-risk youth who has received a secondary school
diploma or its recognized equivalent but is basic skills
deficient, unemployed, or underemployed.''.
(17) in paragraph (38), by striking ``134(a)(1)(A)'' and
inserting ``134(a)(1)(B)'';
(18) by amending paragraph (49) to read as follows:
``(49) Veteran.--The term `veteran' has the same meaning
given the term in section 2108(1) of title 5, United States
Code.'';
(19) by amending paragraph (50) to read as follows:
``(50) Career and technical education.--The term `career
and technical education' has the meaning given the term in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).'';
[[Page H1446]]
(20) in paragraph (51) by striking ``, and a youth
activity''; and
(21) by adding at the end the following:
``(52) At-risk youth.--Except as provided in subtitle C,
the term `at-risk youth' means an individual who--
``(A) is not less than age 16 and not more than age 24;
``(B) is a low-income individual; and
``(C) is an individual who is one or more of the following:
``(i) a secondary school dropout;
``(ii) a youth in foster care (including youth aging out of
foster care);
``(iii) a youth offender;
``(iv) a youth who is an individual with a disability; or
``(v) a migrant youth.
``(53) Industry or sector partnership.--The term `industry
or sector partnership' means a partnership of a State or
local board and one or more industries and other entities
that have the capability to help the State or local board
determine the immediate and long term skilled workforce needs
of in-demand industries and other occupations important to
the State or local economy, respectively.
``(54) Industry-recognized credential.--The term `industry-
recognized credential' means a credential that is sought or
accepted by companies within the industry sector involved,
across multiple States, as recognized, preferred, or required
for recruitment, screening, or hiring.
``(55) Recognized postsecondary credential.--The term
`recognized postsecondary credential' means a credential
awarded by a training provider or postsecondary educational
institution based on completion of all requirements for a
program of study, including coursework or tests or other
performance evaluations. The term includes an industry-
recognized credential, a certificate of completion of an
apprenticeship, or an associate or baccalaureate degree.
``(56) Pay-for-performance contract strategy.--The term
`pay-for-performance contract strategy' means a strategy in
which a contract to provide a program of employment and
training activities incorporates--
``(A) the performance outcome described in subclauses (I)
through (IV) of section 136(b)(2)(A)(i);
``(B) a fixed amount that will be paid to a provider of
such employment and training activities for each program
participant who achieves the agreed to levels of performance
based upon the outcome measures described in subparagraph
(A), within a defined timetable, and may include a bonus
payment to such provider which may be used to expand the
capacity of such provider;
``(C) the ability for a provider to recoup the costs of
training a participant who has not met such outcome measures,
but for whom the provider is able to demonstrate that such
participant gained specific competencies required for
education and career advancement that are, where feasible,
tied to industry-recognized credentials and related
standards, or State licensing requirements; and
``(D) the ability for a provider that does not meet the
requirements under section 122(a)(2) to participate in such
pay-for-performance contract and to not be required to report
on the performance and cost information required under
section 122(d).''.
Subtitle B--Statewide and Local Workforce Investment Systems
SEC. 102. PURPOSE.
Section 106 (29 U.S.C. 2811) is amended by adding at the
end the following: ``It is also the purpose of this subtitle
to provide workforce investment activities in a manner that
enhances employer engagement, promotes customer choices in
the selection of training services, and ensures
accountability in the use of the taxpayer funds.''.
SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.
Section 111 (29 U.S.C. 2821) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) in subparagraph (B) (as so redesignated)--
(I) by amending clause (i)(I), by striking ``section
117(b)(2)(A)(i)'' and inserting ``section 117(b)(2)(A)'';
(II) by amending clause (i)(II) to read as follows:
``(II) represent businesses, including large and small
businesses, with immediate and long-term employment
opportunities in in-demand industries and other occupations
important to the State economy; and'';
(III) by striking clause (iii) and inserting the following:
``(iii) a State agency official responsible for economic
development; and'';
(IV) by striking clauses (iv) through (vi);
(V) by amending clause (vii) to read as follows:
``(vii) such other representatives and State agency
officials as the Governor may designate, including--
``(I) members of the State legislature;
``(II) representatives of individuals and organizations
that have experience with respect to youth activities;
``(III) representatives of individuals and organizations
that have experience and expertise in the delivery of
workforce investment activities, including chief executive
officers of community colleges and community-based
organizations within the State;
``(IV) representatives of the lead State agency officials
with responsibility for the programs and activities that are
described in section 121(b) and carried out by one-stop
partners; or
``(V) representatives of veterans service organizations.'';
and
(VI) by redesignating clause (vii) (as so amended) as
clause (iv); and
(B) by amending paragraph (3) to read as follows:
``(3) Majority.--A \2/3\ majority of the members of the
board shall be representatives described in paragraph
(1)(B)(i).'';
(2) in subsection (c), by striking ``(b)(1)(C)(i)'' and
inserting ``(b)(1)(B)(i)'';
(3) by amending subsection (d) to read as follows:
``(d) Functions.--The State board shall assist the Governor
of the State as follows:
``(1) State plan.--Consistent with section 112, develop a
State plan.
``(2) Statewide workforce development system.--Review and
develop statewide policies and programs in the State in a
manner that supports a comprehensive Statewide workforce
development system that will result in meeting the workforce
needs of the State and its local areas. Such review shall
include determining whether the State should consolidate
additional programs into the Workforce Investment Fund in
accordance with section 501(e).
``(3) Workforce and labor market information system.--
Develop a statewide workforce and labor market information
system described in section 15(e) of the Wagner-Peyser Act,
which may include using existing information conducted by the
State economic development entity or related entity in
developing such system.
``(4) Employer engagement.--Develop strategies across local
areas that meet the needs of employers and support economic
growth in the State by enhancing communication, coordination,
and collaboration among employers, economic development
entities, and service providers.
``(5) Designation of local areas.--Designate local areas as
required under section 116.
``(6) One-stop delivery system.--Identify and disseminate
information on best practices for effective operation of one-
stop centers, including use of innovative business outreach,
partnerships, and service delivery strategies.
``(7) Program oversight.--Conduct the following program
oversight:
``(A) Reviewing and approving local plans under section
118.
``(B) Ensuring the appropriate use and management of the
funds provided for State employment and training activities
authorized under section 134.
``(C) Preparing an annual report to the Secretary described
in section 136(d).
``(8) Development of performance measures.--Develop and
ensure continuous improvement of comprehensive State
performance measures, including State adjusted levels of
performance, as described under section 136(b).'';
(4) by striking subsection (e) and redesignating subsection
(f) as subsection (e);
(5) in subsection (e) (as so redesignated), by inserting
``or participate in any action taken'' after ``vote'';
(6) by inserting after subsection (e) (as so redesignated),
the following:
``(f) Staff.--The State board may employ staff to assist in
carrying out the functions described in subsection (d).'';
and
(7) in subsection (g), by inserting ``electronic means
and'' after ``on a regular basis through''.
SEC. 104. STATE PLAN.
Section 112 (29 U.S.C. 2822)--
(1) in subsection (a)--
(A) by striking ``127 or''; and
(B) by striking ``5-year strategy'' and inserting ``3-year
strategy'';
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) information describing--
``(A) the economic conditions in the State;
``(B) the immediate and long-term skilled workforce needs
of in-demand industries, small businesses, and other
occupations important to the State economy;
``(C) the knowledge and skills of the workforce in the
State; and
``(D) workforce development activities (including education
and training) in the State;'';
(B) by amending paragraph (7) to read as follows:
``(7) a description of the State criteria for determining
the eligibility of training providers in accordance with
section 122, including how the State will take into account
the performance of providers and whether the training
programs relate to occupations that are in-demand;'';
(C) by amending paragraph (8) to read as follows:
``(8)(A) a description of the procedures that will be taken
by the State to assure coordination of, and avoid duplication
among, the programs and activities identified under section
501(b)(2); and
``(B) a description of common data collection and reporting
processes used for the programs and activities described in
subparagraph (A), which are carried out by one-stop partners,
including--
``(i) assurances that such processes use quarterly wage
records for performance measures described in section
136(b)(2)(A) that are applicable to such programs or
activities; or
``(ii) if such wage records are not being used for the
performance measures, an identification of the barriers to
using such wage records and a description of how the State
will address such barriers within one year of the approval of
the plan;'';
(D) in paragraph (9), by striking ``, including comment by
representatives of businesses and representatives of labor
organizations,'';
(E) in paragraph (11), by striking ``under sections 127 and
132'' and inserting ``under section 132'';
(F) by striking paragraph (12);
(G) by redesignating paragraphs (13) through (18) as
paragraphs (12) through (17), respectively;
(H) in paragraph (12) (as so redesignated), by striking
``111(f)'' and inserting ``111(e)'';
[[Page H1447]]
(I) in paragraph (13) (as so redesignated), by striking
``134(c)'' and inserting ``121(e)'';
(J) in paragraph (14) (as so redesignated), by striking
``116(a)(5)'' and inserting ``116(a)(4)'';
(K) in paragraph (16) (as so redesignated)--
(i) in subparagraph (A)--
(I) in clause (ii), by striking ``to dislocated workers'';
(II) in clause (iii), by striking ``134(d)(4)'' and
inserting ``134(c)(4)'';
(III) by striking ``and'' at the end of clause (iii);
(IV) by amending clause (iv) to read as follows:
``(iv) how the State will serve the employment and training
needs of dislocated workers (including displaced homemakers),
low-income individuals (including recipients of public
assistance such as supplemental nutrition assistance program
benefits pursuant to the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.)), long-term unemployed individuals
(including individuals who have exhausted entitlement to
State and Federal unemployment compensation), English
learners, homeless individuals, individuals training for
nontraditional employment, youth (including out-of-school
youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugee and entrants,
veterans (including disabled and homeless veterans), and
Native Americans; and''; and
(V) by adding at the end the following new clause:
``(v) how the State will--
``(I) consistent with section 188 and Executive Order 13217
(42 U.S.C. 12131 note), serve the employment and training
needs of individuals with disabilities; and
``(II) consistent with sections 504 and 508 of the
Rehabilitation Act of 1973, include the provision of
outreach, intake, assessments, and service delivery, the
development of performance measures, the training of staff,
and other aspects of accessibility to programs and services
under this subtitle;''; and
(ii) in subparagraph (B), by striking ``to the extent
practicable'' and inserting ``in accordance with the
requirements of the Jobs for Veterans Act (Public Law 107-
288) and the amendments made by such Act''; and
(L) by striking paragraph (17) (as so redesignated) and
inserting the following:
``(17) a description of the strategies and services that
will be used in the State--
``(A) to more fully engage employers, including small
businesses and employers in in-demand industries and
occupations important to the State economy;
``(B) to meet the needs of employers in the State; and
``(C) to better coordinate workforce development programs
with economic development activities;
``(18) a description of how the State board will convene
(or help to convene) industry or sector partnerships that
lead to collaborative planning, resource alignment, and
training efforts across multiple firms for a range of workers
employed or potentially employed by a targeted industry
cluster--
``(A) to encourage industry growth and competitiveness and
to improve worker training, retention, and advancement in
targeted industry clusters;
``(B) to address the immediate and long-term skilled
workforce needs of in-demand industries and other occupations
important to the State economy, and
``(C) to address critical skill gaps within and across
industries;
``(19) a description of how the State will utilize
technology to facilitate access to services in remote areas,
which may be used throughout the State;
``(20) a description of the State strategy and assistance
to be provided for encouraging regional cooperation within
the State and across State borders, as appropriate;
``(21) a description of the actions that will be taken by
the State to foster communication, coordination, and
partnerships with non-profit organizations (including public
libraries, community, faith-based, and philanthropic
organizations) that provide employment-related, training, and
complementary services, to enhance the quality and
comprehensiveness of services available to participants under
this title;
``(22) a description of the process and methodology for
determining--
``(A) one-stop partner program contributions for the cost
of the infrastructure of one-stop centers under section
121(h)(1); and
``(B) the formula for allocating such infrastructure funds
to local areas under section 121(h)(3);
``(23) a description of the strategies and services that
will be used in the State to assist at-risk youth and out-of-
school youth in acquiring the education and skills,
credentials (including recognized postsecondary credentials
and industry-recognized credentials), and employment
experience to succeed in the labor market, including--
``(A) training and internships in in-demand industries or
occupations important to the State and local economy;
``(B) dropout recovery activities that are designed to lead
to the attainment of a regular secondary school diploma or
its recognized equivalent, or other State recognized
equivalent (including recognized alternative standards for
individuals with disabilities); and
``(C) activities combining remediation of academic skills,
work readiness training, and work experience, and including
linkages to postsecondary education and training and career-
ladder employment; and
``(24) a description of--
``(A) how the State will furnish employment, training,
supportive, and placement services to veterans, including
disabled and homeless veterans;
``(B) the strategies and services that will be used in the
State to assist and expedite reintegration of homeless
veterans into the labor force; and
``(C) the veteran population to be served in the State.'';
(3) in subsection (c), by striking ``period, that--'' all
that follows through paragraph (2) and inserting ``period,
that the plan is inconsistent with the provisions of this
title.''; and
(4) in subsection (d), by striking ``5-year'' and inserting
``3-year''.
SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS.
Section 116 (29 U.S.C. 2831) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``Except as provided in subsection (b), and
consistent with paragraphs (2), (3), and (4), in'' and
inserting ``In''; and
(II) by striking ``127 or''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) Considerations.--In making the designation of local
areas, the Governor shall take into consideration the
following:
``(i) The extent to which such local areas are consistent
with labor market areas.
``(ii) The extent to which labor market areas align with
economic development regions.
``(iii) Whether such local areas have the appropriate
education and training providers to meet the needs of the
local workforce.
``(iv) The distance that individuals will need to travel to
receive services provided in such local areas.'';
(B) by amending paragraph (2) to read as follows:
``(2) Technical assistance.--The Secretary shall, if
requested by the Governor of a State, provide the State with
technical assistance in making the determinations required
under paragraph (1). The Secretary shall not issue
regulations governing determinations to be made under
paragraph (1).'';
(C) by striking paragraph (3) and inserting the following:
``(3) Designation on recommendation of state board.--The
Governor may approve a request from any unit of general local
government (including a combination of such units) for
designation as a local area under paragraph (1) if the State
board determines, taking into account the factors described
in clauses (i) through (iv) of paragraph (1)(B), and
recommends to the Governor, that such area shall be so
designated.'';
(D) by striking paragraph (4); and
(E) by redesignating paragraph (5) as paragraph (4);
(2) by amending subsection (b) to read as follows:
``(b) Single States.--Consistent with subsection (a)(1)(B),
the Governor may designate a State as a single State local
area for the purposes of this title.''; and
(3) in subsection (c)--
(A) in paragraph (1), by adding at the end the following:
``The State may require the local boards for the designated
region to prepare a single regional plan that incorporates
the elements of the local plan under section 118 and that is
submitted and approved in lieu of separate local plans under
such section.''; and
(B) in paragraph (2), by striking ``employment statistics''
and inserting ``workforce and labor market information''.
SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS.
Section 117 (29 U.S.C. 2832) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``include--'' and all that follows through
``representatives'' and inserting ``include
representatives'';
(II) by striking clauses (ii) through (vi);
(III) by redesignating subclauses (I) through (III) as
clauses (i) through (iii), respectively (and by moving the
margins of such clauses 2 ems to the left);
(IV) by striking clause (ii) (as so redesignated) and
inserting the following:
``(ii) represent businesses, including large and small
businesses, with immediate and long-term employment
opportunities in in-demand industries and other occupations
important to the local economy; and''; and
(V) by striking the semicolon at the end of clause (iii)
(as so redesignated) and inserting ``; and''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) may include such other individuals or representatives
of entities as the chief elected official in the local area
may determine to be appropriate, including--
``(i) a superintendent of the local secondary school
system, the president or chief executive officer of a
postsecondary educational institution (including a community
college, where such an entity exists), or an administrator of
local entities providing adult education and literacy
activities;
``(ii) representatives of community-based organizations
(including organizations representing individuals with
disabilities and veterans, for a local area in which such
organizations are present); or
``(iii) representatives of veterans service
organizations.'';
(B) in paragraph (4)--
(i) by striking ``A majority'' and inserting ``A \2/3\
majority''; and
(ii) by striking ``(2)(A)(i)'' and inserting ``(2)(A)'';
and
(C) in paragraph (5) by striking ``(2)(A)(i)'' and
inserting ``(2)(A)'';
(2) by striking subsection (c)(1)(C);
(3) by amending subsection (d) to read as follows:
[[Page H1448]]
``(d) Functions of Local Board.--The functions of the local
board shall include the following:
``(1) Local plan.--Consistent with section 118, each local
board, in partnership with the chief elected official for the
local area involved, shall develop and submit a local plan to
the Governor.
``(2) Workforce research and regional labor market
analysis.--
``(A) In general.--The local board shall--
``(i) conduct, and regularly update, an analysis of--
``(I) the economic conditions in the local area;
``(II) the immediate and long-term skilled workforce needs
of in-demand industries and other occupations important to
the local economy;
``(III) the knowledge and skills of the workforce in the
local area; and
``(IV) workforce development activities (including
education and training) in the local area; and
``(ii) assist the Governor in developing the statewide
workforce and labor market information system described in
section 15(e) of the Wagner-Peyser Act.
``(B) Existing analysis.--A local board shall use existing
analysis by the local economic development entity or related
entity in order to carry out requirements of subparagraph
(A)(i).
``(3) Employer engagement.--The local Board shall meet the
needs of employers and support economic growth in the local
area by enhancing communication, coordination, and
collaboration among employers, economic development entities,
and service providers.
``(4) Budget and administration.--
``(A) Budget.--
``(i) In general.--The local board shall develop a budget
for the activities of the local board in the local area,
consistent with the requirements of this subsection.
``(ii) Training reservation.--In developing a budget under
clause (i), the local board shall reserve a percentage of
funds to carry out the activities specified in section
134(c)(4). The local board shall use the analysis conducted
under paragraph (2)(A)(i) to determine the appropriate
percentage of funds to reserve under this clause.
``(B) Administration.--
``(i) Grant recipient.--
``(I) In general.--The chief elected official in a local
area shall serve as the local grant recipient for, and shall
be liable for any misuse of, the grant funds allocated to the
local area under section 133, unless the chief elected
official reaches an agreement with the Governor for the
Governor to act as the local grant recipient and bear such
liability.
``(II) Designation.--In order to assist in administration
of the grant funds, the chief elected official or the
Governor, where the Governor serves as the local grant
recipient for a local area, may designate an entity to serve
as a local grant subrecipient for such funds or as a local
fiscal agent. Such designation shall not relieve the chief
elected official or the Governor of the liability for any
misuse of grant funds as described in subclause (I).
``(III) Disbursal.--The local grant recipient or an entity
designated under subclause (II) shall disburse the grant
funds for workforce investment activities at the direction of
the local board, pursuant to the requirements of this title.
The local grant recipient or entity designated under
subclause (II) shall disburse the funds immediately on
receiving such direction from the local board.
``(ii) Staff.--The local board may employ staff to assist
in carrying out the functions described in this subsection.
``(iii) Grants and donations.--The local board may solicit
and accept grants and donations from sources other than
Federal funds made available under this Act.
``(5) Selection of operators and providers.--
``(A) Selection of one-stop operators.--Consistent with
section 121(d), the local board, with the agreement of the
chief elected official--
``(i) shall designate or certify one-stop operators as
described in section 121(d)(2)(A); and
``(ii) may terminate for cause the eligibility of such
operators.
``(B) Identification of eligible training service
providers.--Consistent with this subtitle, the local board
shall identify eligible providers of training services
described in section 134(c)(4) in the local area, annually
review the outcome of individual training providers using the
criteria under section 122(b)(2), and designate providers in
the local area who have demonstrated the highest level of
success with respect to such indicators as priority providers
for the following program year.
``(C) Identification of eligible providers of work ready
services.--If the one-stop operator does not provide the
services described in section 134(c)(2) in the local area,
the local board shall identify eligible providers of such
services in the local area by awarding contracts.
``(6) Program oversight.--The local board, in partnership
with the chief elected official, shall be responsible for--
``(A) ensuring the appropriate use and management of the
funds provided for local employment and training activities
authorized under section 134(b); and
``(B) conducting oversight of the one-stop delivery system
in the local area authorized under section 121.
``(7) Negotiation of local performance measures.--The local
board, the chief elected official, and the Governor shall
negotiate and reach agreement on local performance measures
as described in section 136(c).
``(8) Technology improvements.--The local board shall
develop strategies for technology improvements to facilitate
access to services authorized under this subtitle and carried
out in the local area, including in remote areas.'';
(4) in subsection (e)--
(A) by inserting ``electronic means and'' after ``regular
basis through''; and
(B) by striking ``and the award of grants or contracts to
eligible providers of youth activities,'';
(5) in subsection (f)--
(A) in paragraph (1)(A), by striking ``section 134(d)(4)''
and inserting ``section 134(c)(4)''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Work ready services, designation, or certification as
one-stop operators.--A local board may provide work ready
services described in section 134(c)(2) through a one-stop
delivery system described in section 121 or be designated or
certified as a one-stop operator only with the agreement of
the chief elected official and the Governor.'';
(6) in subsection (g)(1), by inserting ``or participate in
any action taken'' after ``vote''; and
(7) by striking subsections (h) and (i).
SEC. 107. LOCAL PLAN.
Section 118 (29 U.S.C. 2833) is amended--
(1) in subsection (a), by striking ``5-year'' and inserting
``3-year'';
(2) by amending subsection (b) to read as follows:
``(b) Contents.--The local plan shall include--
``(1) a description of the analysis of the local area's
economic and workforce conditions conducted under section
117(d)(2)(A)(i), and an assurance that the local board will
use such analysis to carry out the activities under this
subtitle;
``(2) a description of the one-stop delivery system in the
local area, including--
``(A) a description of how the local board will ensure--
``(i) the continuous improvement of eligible providers of
services through the system; and
``(ii) that such providers meet the employment needs of
local businesses and participants; and
``(B) a description of how the local board will facilitate
access to services provided through the one-stop delivery
system consistent with section 117(d)(8);
``(3) a description of the strategies and services that
will be used in the local area--
``(A) to more fully engage employers, including small
businesses and employers in in-demand industries and
occupations important to the local economy;
``(B) to meet the needs of employers in the local area;
``(C) to better coordinate workforce development programs
with economic development activities; and
``(D) to better coordinate workforce development programs
with employment, training, and literacy services carried out
by nonprofit organizations, including public libraries, as
appropriate;
``(4) a description of how the local board will convene (or
help to convene) industry or sector partnerships that lead to
collaborative planning, resource alignment, and training
efforts across multiple firms for a range of workers employed
or potentially employed by a targeted industry cluster--
``(A) to encourage industry growth and competitiveness and
to improve worker training, retention, and advancement in
targeted industry clusters;
``(B) to address the immediate and long-term skilled
workforce needs of in-demand industries, small businesses,
and other occupations important to the local economy; and
``(C) to address critical skill gaps within and across
industries;
``(5) a description of how the funds reserved under section
117(d)(4)(A)(ii) will be used to carry out activities
described in section 134(c)(4);
``(6) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with statewide activities, as appropriate;
``(7) a description of how the local area will--
``(A) coordinate activities with the local area's
disability community and with services provided under section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)) by local
educational agencies serving such local area to make
available comprehensive, high-quality services to individuals
with disabilities;
``(B) consistent with section 188 and Executive Order 13217
(42 U.S.C. 12131 note), serve the employment and training
needs of individuals with disabilities; and
``(C) consistent with sections 504 and 508 of the
Rehabilitation Act of 1973, include the provision of
outreach, intake, assessments, and service delivery, the
development of performance measures, the training of staff,
and other aspects of accessibility to programs and services
under this subtitle;
``(8) a description of the local levels of performance
negotiated with the Governor and chief elected official
pursuant to section 136(c), to be--
``(A) used to measure the performance of the local area;
and
``(B) used by the local board for measuring performance of
the local fiscal agent (where appropriate), eligible
providers, and the one-stop delivery system, in the local
area;
``(9) a description of the process used by the local board,
consistent with subsection (c), to provide an opportunity for
public comment prior to submission of the plan;
``(10) a description of how the local area will serve the
employment and training needs of dislocated workers
(including displaced homemakers), low-income individuals
(including recipients of public assistance such as the
Supplemental Nutrition Assistance Program), long-term
unemployed individuals (including individuals who have
exhausted entitlement to State and Federal unemployment
compensation), English learners, homeless individuals,
individuals
[[Page H1449]]
training for nontraditional employment, youth (including out-
of-school youth and at-risk youth), older workers, ex-
offenders, migrant and seasonal farmworkers, refugee and
entrants, veterans (including disabled veterans and homeless
veterans), and Native Americans;
``(11) an identification of the entity responsible for the
disbursal of grant funds described in subclause (III) of
section 117(d)(4)(B)(i), as determined by the chief elected
official or the Governor under such section;
``(12) a description of the strategies and services that
will be used in the local area to assist at-risk youth and
out-of-school youth in acquiring the education and skills,
credentials (including recognized postsecondary credentials
and industry-recognized credentials), and employment
experience to succeed in the labor market, including--
``(A) training and internships in in-demand industries or
occupations important to the local economy;
``(B) dropout recovery activities that are designed to lead
to the attainment of a regular secondary school diploma or
its recognized equivalent, or other State recognized
equivalent (including recognized alternative standards for
individuals with disabilities); and
``(C) activities combining remediation of academic skills,
work readiness training, and work experience, and including
linkages to postsecondary education and training and career-
ladder employment;
``(13) a description of--
``(A) how the local area will furnish employment, training,
supportive, and placement services to veterans, including
disabled and homeless veterans;
``(B) the strategies and services that will be used in the
local area to assist and expedite reintegration of homeless
veterans into the labor force; and
``(C) the veteran population to be served in the local
area;
``(14) a description of--
``(A) the duties assigned to the veteran employment
specialist consistent with the requirements of section
134(f);
``(B) the manner in which the veteran employment specialist
is integrated into the One-Stop Career System described in
section 121;
``(C) the date on which the veteran employment specialist
was assigned; and
``(D) whether the veteran employment specialist has
satisfactorily competed such training by the National
Veterans' Employment and Training Services Institute; and
``(15) such other information as the Governor may
require.'';
(3) in subsection (c)(1), by striking ``such means'' and
inserting ``electronic means such''; and
(4) in subsection (c)(2), by striking ``, including
representatives of business and representatives of labor
organizations,''.
SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM.
Section 121 (29 U.S.C. 2841) is amended--
(1) in subsection (b)--
(A) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) Roles and responsibilities of one-stop partners.--
Each entity that carries out a program or activities
described in subparagraph (B) shall--
``(i) provide access through the one-stop delivery system
to the program and activities carried out by the entity,
including making the work ready services described in section
134(c)(2) that are applicable to the program of the entity
available at one-stop centers (in addition to any other
appropriate locations);
``(ii) use a portion of the funds available to the program
of the entity to maintain the one-stop delivery system,
including payment of the infrastructure costs of one-stop
centers in accordance with subsection (h);
``(iii) enter into a local memorandum of understanding with
the local board relating to the operation of the one-stop
delivery system that meets the requirements of subsection
(c); and
``(iv) participate in the operation of the one-stop
delivery system consistent with the terms of the memorandum
of understanding, the requirements of this title, and the
requirements of the Federal laws authorizing the programs
carried out by the entity.'';
(B) in paragraph (1)(B)--
(i) by striking clauses (ii), (v), and (vi);
(ii) by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively;
(iii) by redesignating clauses (vii) through (xii) as
clauses (iv) through (ix), respectively;
(iv) in clause (viii), as so redesignated, by striking
``and'' at the end;
(v) in clause (ix), as so redesignated, by striking the
period and inserting ``; and''; and
(vi) by adding at the end the following:
``(x) subject to subparagraph (C), programs authorized
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.).'';
(C) by inserting after paragraph (1)(B) the following:
``(C) Determination by the governor.--Each entity carrying
out a program described in subparagraph (B)(x) shall carry
out the required partner activities described in subparagraph
(A) unless the Governor of the State in which the local area
is located provides the Secretary and Secretary of Health and
Human Services written notice of a determination by the
Governor that such entities shall not carry out such required
partner activities.''; and
(D) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``section
134(d)(2)'' and inserting ``section 134(c)(2)''; and
(ii) in subparagraph (B)--
(I) by striking clauses (i), (ii), and (v);
(II) in clause (iv), by striking ``and'' at the end;
(III) by redesignating clauses (iii) and (iv) as clauses
(i) and (ii), respectively; and
(IV) by adding at the end the following:
``(iii) employment and training programs administered by
the Commissioner of the Social Security Administration;
``(iv) employment and training programs carried out by the
Administrator of the Small Business Administration;
``(v) employment, training, and literacy services carried
out by public libraries; and
``(vi) other appropriate Federal, State, or local programs,
including programs in the private sector.'';
(2) in subsection (c)(2), by amending subparagraph (A) to
read as follows:
``(A) provisions describing--
``(i) the services to be provided through the one-stop
delivery system consistent with the requirements of this
section, including the manner in which the services will be
coordinated through such system;
``(ii) how the costs of such services and the operating
costs of such system will be funded, through cash and in-kind
contributions, to provide a stable and equitable funding
stream for ongoing one-stop system operations, including the
funding of the infrastructure costs of one-stop centers in
accordance with subsection (h);
``(iii) methods of referral of individuals between the one-
stop operator and the one-stop partners for appropriate
services and activities, including referrals for
nontraditional employment; and
``(iv) the duration of the memorandum of understanding and
the procedures for amending the memorandum during the term of
the memorandum, and assurances that such memorandum shall be
reviewed not less than once every 3-year period to ensure
appropriate funding and delivery of services; and'';
(3) in subsection (d)--
(A) in the heading for paragraph (1), by striking
``Designation and certification'' and inserting ``Local
designation and certification'';
(B) in paragraph (2)--
(i) by striking ``section 134(c)'' and inserting
``subsection (e)'';
(ii) by amending subparagraph (A) to read as follows:
``(A) shall be designated or certified as a one-stop
operator through a competitive process; and''; and
(iii) in subparagraph (B), by striking clause (ii) and
redesignating clauses (iii) through (vi) as clauses (ii)
through (v), respectively; and
(C) in paragraph (3), by striking ``vocational'' and
inserting ``career and technical'';
(4) by amending subsection (e) to read as follows:
``(e) Establishment of One-Stop Delivery System.--
``(1) In general.--There shall be established in a State
that receives an allotment under section 132(b) a one-stop
delivery system, which shall--
``(A) provide the work ready services described in section
134(c)(2);
``(B) provide access to training services as described in
section 134(c)(4), including serving as the point of access
to career enhancement accounts for training services to
participants in accordance with paragraph (4)(F) of such
section;
``(C) provide access to the activities carried out under
section 134(d), if any;
``(D) provide access to programs and activities carried out
by one-stop partners that are described in subsection (b) of
this section; and
``(E) provide access to the information described in
section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)).
``(2) One-stop delivery.--At a minimum, the one-stop
delivery system--
``(A) shall make each of the programs, services, and
activities described in paragraph (1) accessible at not less
than one physical center in each local area of the State; and
``(B) may also make programs, services, and activities
described in paragraph (1) available--
``(i) through a network of affiliated sites that can
provide one or more of the programs, services, and activities
to individuals; and
``(ii) through a network of eligible one-stop partners--
``(I) in which each partner provides one or more of the
programs, services, and activities to such individuals and is
accessible at an affiliated site that consists of a physical
location or an electronically- or technologically-linked
access point; and
``(II) that assures individuals that information on the
availability of the work ready services will be available
regardless of where the individuals initially enter the
statewide workforce investment system, including information
made available through an access point described in subclause
(I).
``(3) Specialized centers.--The centers and sites described
in paragraph (2) may have a specialization in addressing
special needs.''; and
(5) by adding at the end the following:
``(g) Certification of One-Stop Centers.--
``(1) In general.--
``(A) In general.--The State board shall establish
objective procedures and criteria for certifying, at least
once every 3 years, one-stop centers for the purpose of
awarding the one-stop infrastructure funding described in
subsection (h).
``(B) Criteria.--The criteria for certification under this
subsection shall include--
``(i) meeting all of the expected levels of performance for
each of the core indicators of performance as outlined in the
State plan under section 112;
``(ii) meeting minimum standards relating to the scope and
degree of service integration achieved by the centers
involving the programs provided by the one-stop partners; and
``(iii) meeting minimum standards relating to how the
centers ensure that eligible providers meet the employment
needs of local employers and participants.
[[Page H1450]]
``(C) Effect of certification.--One-stop centers certified
under this subsection shall be eligible to receive the
infrastructure grants authorized under subsection (h).
``(2) Local boards.--Consistent with the criteria developed
by the State, the local board may develop additional criteria
of higher standards to respond to local labor market and
demographic conditions and trends.
``(h) One-Stop Infrastructure Funding.--
``(1) Partner contributions.--
``(A) Provision of funds.--Notwithstanding any other
provision of law, as determined under subparagraph (B), a
portion of the Federal funds provided to the State and areas
within the State under the Federal laws authorizing the one-
stop partner programs described in subsection (b)(1)(B) and
participating additional partner programs described in
(b)(2)(B) for a fiscal year shall be provided to the Governor
by such programs to carry out this subsection.
``(B) Determination of governor.--
``(i) In general.--Subject to subparagraph (C), the
Governor, in consultation with the State board, shall
determine the portion of funds to be provided under
subparagraph (A) by each one-stop partner and in making such
determination shall consider the proportionate use of the
one-stop centers by each partner, the costs of administration
for purposes not related to one-stop centers for each
partner, and other relevant factors described in paragraph
(3).
``(ii) Special rule.--In those States where the State
constitution places policy-making authority that is
independent of the authority of the Governor in an entity or
official with respect to the funds provided for adult
education and literacy activities authorized under title II
of this Act and for postsecondary career education activities
authorized under the Carl D. Perkins Career and Technical
Education Act, the determination described in clause (i) with
respect to such programs shall be made by the Governor with
the appropriate entity or official with such independent
policy-making authority.
``(iii) Appeal by one-stop partners.--The Governor shall
establish a procedure for the one-stop partner administering
a program described in subsection (b) to appeal a
determination regarding the portion of funds to be
contributed under this paragraph on the basis that such
determination is inconsistent with the criteria described in
the State plan or with the requirements of this paragraph.
Such procedure shall ensure prompt resolution of the appeal.
``(C) Limitations.--
``(i) Provision from administrative funds.--The funds
provided under this paragraph by each one-stop partner shall
be provided only from funds available for the costs of
administration under the program administered by such
partner, and shall be subject to the limitations with respect
to the portion of funds under such programs that may be used
for administration.
``(ii) Federal direct spending programs.--Programs that are
Federal direct spending under section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900(c)(8)) shall not, for purposes of this paragraph,
be required to provide an amount in excess of the amount
determined to be equivalent to the proportionate use of the
one-stop centers by such programs in the State.
``(2) Allocation by governor.--From the funds provided
under paragraph (1), the Governor shall allocate funds to
local areas in accordance with the formula established under
paragraph (3) for the purposes of assisting in paying the
costs of the infrastructure of one-stop centers certified
under subsection (g).
``(3) Allocation formula.--The State board shall develop a
formula to be used by the Governor to allocate the funds
described in paragraph (1). The formula shall include such
factors as the State board determines are appropriate, which
may include factors such as the number of centers in the
local area that have been certified, the population served by
such centers, and the performance of such centers.
``(4) Costs of infrastructure.--For purposes of this
subsection, the term `costs of infrastructure' means the
nonpersonnel costs that are necessary for the general
operation of a one-stop center, including the rental costs of
the facilities, the costs of utilities and maintenance, and
equipment (including assistive technology for individuals
with disabilities).
``(i) Other Funds.--
``(1) In general.--In addition to the funds provided to
carry out subsection (h), a portion of funds made available
under Federal law authorizing the one-stop partner programs
described in subsection (b)(1)(B) and participating
additional partner programs described in subsection
(b)(2)(B), or the noncash resources available under such
programs shall be used to pay the costs relating to the
operation of the one-stop delivery system that are not paid
for from the funds provided under subsection (h), to the
extent not inconsistent with the Federal law involved
including--
``(A) infrastructure costs that are in excess of the funds
provided under subsection (h);
``(B) common costs that are in addition to the costs of
infrastructure; and
``(C) the costs of the provision of work ready services
applicable to each program.
``(2) Determination and guidance.--The method for
determining the appropriate portion of funds and noncash
resources to be provided by each program under paragraph (1)
shall be determined as part of the memorandum of
understanding under subsection (c). The State board shall
provide guidance to facilitate the determination of
appropriate allocation of the funds and noncash resources in
local areas.''.
SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING
SERVICES.
Section 122 (29 U.S.C. 2842) is amended to read as follows:
``SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING
SERVICES.
``(a) Eligibility.--
``(1) In general.--The Governor, after consultation with
the State board, shall establish criteria and procedures
regarding the eligibility of providers of training services
described in section 134(c)(4) to receive funds provided
under section 133(b) for the provision of such training
services.
``(2) Providers.--Subject to the provisions of this
section, to be eligible to receive the funds provided under
section 133(b) for the provision of training services, the
provider shall be--
``(A) a postsecondary educational institution that--
``(i) is eligible to receive Federal funds under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
``(ii) provides a program that leads to a recognized
postsecondary credential;
``(B) an entity that carries out programs under the Act of
August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.); or
``(C) another public or private provider of a program of
training services.
``(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall
comply with the criteria and procedures established under
this section to be included on the list of eligible providers
of training services described in subsection (d). A provider
described in paragraph (2)(B) shall be included on the list
of eligible providers of training services described in
subsection (d) for so long as the provider remains certified
by the Secretary of Labor to carry out the programs described
in paragraph (2)(B).
``(b) Criteria.--
``(1) In general.--The criteria established pursuant to
subsection (a) shall take into account--
``(A) the performance of providers of training services
with respect to the performance measures described in section
136 and other matters for which information is required under
paragraph (2) and other appropriate measures of performance
outcomes for those participants receiving training services
under this subtitle;
``(B) whether the training programs of such providers
relate to occupations that are in demand;
``(C) the need to ensure access to training services
throughout the State, including in rural areas;
``(D) the ability of providers to offer programs that lead
to a recognized postsecondary credential;
``(E) the information such providers are required to report
to State agencies with respect to other Federal and State
programs (other than the program carried out under this
subtitle), including one-stop partner programs; and
``(F) such other factors as the Governor determines are
appropriate.
``(2) Information.--The criteria established by the
Governor shall require that a provider of training services
submit appropriate, accurate, and timely information to the
State for purposes of carrying out subsection (d), with
respect to participants receiving training services under
this subtitle in the applicable program, including--
``(A) information on recognized postsecondary credentials
received by such participants;
``(B) information on costs of attendance for such
participants;
``(C) information on the program completion rate for such
participants; and
``(D) information on the performance of the provider with
respect to the performance measures described in section 136
for such participants.
``(3) Renewal.--The criteria established by the Governor
shall also provide for a review every 3 years and renewal of
eligibility under this section for providers of training
services.
``(4) Local criteria.--A local board in the State may
establish criteria in addition to the criteria established by
the Governor, or may require higher levels of performance
than required under the criteria established by the Governor,
for purposes of determining the eligibility of providers of
training services to receive funds described in subsection
(a) to provide the services in the local area involved.
``(5) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding
a student, including Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the parent or eligible
student in compliance with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
``(c) Procedures.--The procedures established under
subsection (a) shall--
``(1) identify--
``(A) the application process for a provider of training
services to become eligible to receive funds under section
133(b) for the provision of training services; and
``(B) the respective roles of the State and local areas in
receiving and reviewing applications and in making
determinations of eligibility based on the criteria
established under this section; and
``(2) establish a process for a provider of training
services to appeal a denial or termination of eligibility
under this section that includes an opportunity for a hearing
and prescribes appropriate time limits to ensure prompt
resolution of the appeal.
``(d) Information To Assist Participants in Choosing
Providers.--In order to facilitate and assist participants
under chapter 5 in choosing providers of training services,
the Governor shall ensure that an appropriate list or lists
of providers determined eligible under this section in the
State, including information provided under subsection (b)(2)
with respect to such providers, is provided to the local
boards in
[[Page H1451]]
the State and is made available to such participants and to
members of the public through the one-stop delivery system in
the State.
``(e) Enforcement.--
``(1) In general.--The criteria and procedures established
under this section shall provide the following:
``(A) Intentionally supplying inaccurate information.--Upon
a determination, by an individual or entity specified in the
criteria or procedures, that a provider of training services,
or individual providing information on behalf of the
provider, intentionally supplied inaccurate information under
this section, the eligibility of such provider to receive
funds under chapter 5 shall be terminated for a period of
time that is not less than 2 years.
``(B) Substantial violations.--Upon a determination, by an
individual or entity specified in the criteria or procedures,
that a provider of training services substantially violated
any requirement under this title, the eligibility of such
provider to receive funds under the program involved shall be
terminated for a period of time that is not less than 10
years.
``(C) Repayment.--A provider of training services whose
eligibility is terminated under subparagraph (A) or (B) shall
be liable for the repayment of funds received under chapter 5
during a period of noncompliance described in such
subparagraph.
``(2) Construction.--Paragraph (1) shall be construed to
provide remedies and penalties that supplement, but do not
supplant, other civil and criminal remedies and penalties.
``(f) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible
providers of training services to accept career enhancement
accounts provided in another State.
``(g) Recommendations.--In developing the criteria,
procedures, and information required under this section, the
Governor shall solicit and take into consideration the
recommendations of local boards and providers of training
services within the State.
``(h) Opportunity To Submit Comments.--During the
development of the criteria, procedures, requirements for
information, and the list of eligible providers required
under this section, the Governor shall provide an opportunity
for interested members of the public to submit comments
regarding such criteria, procedures, and information.
``(i) On-the-Job Training or Customized Training
Exception.--
``(1) In general.--Providers of on-the-job training or
customized training shall not be subject to the requirements
of subsections (a) through (d).
``(2) Collection and dissemination of information.--A one-
stop operator in a local area shall collect such performance
information from on-the-job training and customized training
providers as the Governor may require, determine whether the
providers meet such performance criteria as the Governor may
require, and disseminate information identifying providers
that meet the criteria as eligible providers, and the
performance information, through the one-stop delivery
system. Providers determined to meet the criteria shall be
considered to be identified as eligible providers of training
services.''.
SEC. 110. GENERAL AUTHORIZATION.
Chapter 5 of subtitle B of title I is amended--
(1) by striking the heading for chapter 5 and inserting the
following: ``EMPLOYMENT AND TRAINING ACTIVITIES''; and
(2) in section 131 (29 U.S.C. 2861)--
(A) by striking ``paragraphs (1)(B) and (2)(B) of''; and
(B) by striking ``adults, and dislocated workers,'' and
inserting ``individuals''.
SEC. 111. STATE ALLOTMENTS.
Section 132 (29 U.S.C. 2862) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall--
``(1) reserve \1/2\ of 1 percent of the total amount
appropriated under section 137 for a fiscal year, of which--
``(A) 50 percent shall be used to provide technical
assistance under section 170; and
``(B) 50 percent shall be used for evaluations under
section 172;
``(2) reserve not more than 1 percent of the total amount
appropriated under section 137 for a fiscal year to make
grants to, and enter into contracts or cooperative agreements
with Indian tribes, tribal organizations, Alaska-Native
entities, Indian-controlled organizations serving Indians, or
Native Hawaiian organizations to carry out employment and
training activities;
``(3) reserve not more than 25 percent of the total amount
appropriated under section 137 for a fiscal year to carry out
the Jobs Corps program under subtitle C;
``(4) reserve not more than 3.5 percent of the total amount
appropriated under section 137 for a fiscal year to--
``(A) make grants to State or local boards to provide
employment and training assistance to workers affected by
major economic dislocations, such as plant closures, mass
layoffs, or closures and realignments of military
installations; and
``(B) provide assistance to Governors of States with an
area that has suffered an emergency or a major disaster (as
such terms are defined in paragraphs (1) and (2),
respectively, of section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) to provide disaster relief employment in the area.
``(5) from the remaining amount appropriated under section
137 for a fiscal year (after reserving funds under paragraphs
(1) through (4)), make allotments in accordance with
subsection (b) of this section.''; and
(2) by amending subsection (b) to read as follows:
``(b) Workforce Investment Fund.--
``(1) Reservation for outlying areas.--
``(A) In general.--From the amount made available under
subsection (a)(5) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent to provide
assistance to the outlying areas.
``(B) Restriction.--The Republic of Palau shall cease to be
eligible to receive funding under this subparagraph upon
entering into an agreement for extension of United States
educational assistance under the Compact of Free Association
(approved by the Compact of Free Association Amendments Act
of 2003 (Public Law 99-658)) after the date of enactment of
the SKILLS Act.
``(2) States.--
``(A) In general.--After determining the amount to be
reserved under paragraph (1), the Secretary shall allot the
remainder of the amount referred to in subsection (a)(5) for
a fiscal year to the States pursuant to subparagraph (B) for
employment and training activities and statewide workforce
investment activities.
``(B) Formula.--Subject to subparagraphs (C) and (D), of
the remainder--
``(i) 25 percent shall be allotted on the basis of the
relative number of unemployed individuals in areas of
substantial unemployment in each State, compared to the total
number of unemployed individuals in areas of substantial
unemployment in all States;
``(ii) 25 percent shall be allotted on the basis of the
relative number of individuals in the civilian labor force in
each State, compared to the total number of such individuals
in all States;
``(iii) 25 percent shall be allotted on the basis of the
relative number of individuals in each State who have been
unemployed for 15 weeks or more, compared to the total number
of individuals in all States who have been unemployed for 15
weeks or more; and
``(iv) 25 percent shall be allotted on the basis of the
relative number of disadvantaged youth in each State,
compared to the total number of disadvantaged youth in all
States.
``(C) Minimum and maximum percentages.--
``(i) Minimum percentage.--The Secretary shall ensure that
no State shall receive an allotment under this paragraph
for--
``(I) each of fiscal years 2014 through 2016, that is less
than 100 percent of the allotment percentage of the State for
fiscal year 2012; and
``(II) fiscal year 2017 and each succeeding fiscal year,
that is less than 90 percent of the allotment percentage of
the State for the preceding fiscal year.
``(ii) Maximum percentage.--Subject to clause (i), the
Secretary shall ensure that no State shall receive an
allotment under this paragraph for--
``(I) each of fiscal years 2014 through 2016, that is more
than 130 percent of the allotment percentage of the State for
fiscal year 2012; and
``(II) fiscal year 2017 and each succeeding fiscal year,
that is more than 130 percent of the allotment percentage of
the State for the preceding fiscal year.
``(D) Small state minimum allotment.--Subject to
subparagraph (C), the Secretary shall ensure that no State
shall receive an allotment under this paragraph for a fiscal
year that is less than \1/5\ of 1 percent of the remainder
described in subparagraph (A) for the fiscal year.
``(E) Definitions.--For the purpose of the formula
specified in this paragraph:
``(i) Allotment percentage.--The term `allotment
percentage'--
``(I) used with respect to fiscal year 2012, means the
percentage of the amounts allotted to States under title I of
this Act, title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.), the Women in Apprenticeship and
Nontraditional Occupations Act (29 U.S.C. 2501 et seq.),
sections 4103A and 4104 of title 38, United States Code, and
sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49
et seq.), as such provisions were in effect for fiscal year
2012, that is received under such provisions by the State
involved for fiscal year 2012; and
``(II) used with respect to fiscal year 2016 or a
succeeding fiscal year, means the percentage of the amounts
allotted to States under this paragraph for the fiscal year
that is received under this paragraph by the State involved
for the fiscal year.
``(ii) Disadvantaged youth.--The term `disadvantaged youth'
means an individual who is not less than age 16 and not more
than age 24 who receives an income, or is a member of a
family that received a total family income, that in relation
to family size, does not exceed the higher of--
``(I) the poverty line; or
``(II) 70 percent of the lower living standard income
level.
``(iii) Individual.--The term `individual' means an
individual who is age 16 or older.''.
SEC. 112. WITHIN STATE ALLOCATIONS.
Section 133 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservations for Statewide Workforce Investment
Activities.--
``(1) Statewide employment and training activities.--The
Governor of a State shall reserve up to 15 percent of the
total amount allotted to the State under section 132(b)(2)
for a fiscal year to carry out the statewide activities
described in section 134(a).
``(2) Statewide rapid response activities.--Of the amount
reserved under paragraph (1) for a fiscal year, the Governor
of the State shall reserve not more than 25 percent for
statewide rapid response activities described in section
134(a)(4).
``(3) Statewide grants for individuals with barriers to
employment.--Of the amount reserved under paragraph (1) for a
fiscal year, the Governor of a State shall reserve 15 percent
to carry out statewide activities described in section
134(a)(5).
``(4) State administrative cost limit.--Not more than 5
percent of the funds reserved under
[[Page H1452]]
paragraph (1) may be used by the Governor of a State for
administrative costs of carrying out the statewide activities
described in section 134(a).'';
(2) by amending subsection (b) to read as follows:
``(b) Within State Allocation.--
``(1) Methods.--The Governor, acting in accordance with the
State plan, and after consulting with chief elected officials
in the local areas, shall--
``(A) allocate the funds that are allotted to the State for
employment and training activities and not reserved under
subsection (a), in accordance with paragraph (2)(A); and
``(B) award the funds that are reserved by the State under
subsection (a)(3) through competitive grants to eligible
entities, in accordance with section 134(a)(1)(C).
``(2) Formula allocations for the workforce investment
fund.--
``(A) Allocation.--In allocating the funds described in
paragraph (1)(A) to local areas, a State shall allocate--
``(i) 25 percent on the basis described in section
132(b)(2)(B)(i);
``(ii) 25 percent on the basis described in section
132(b)(2)(B)(ii);
``(iii) 25 percent on the basis described in section
132(b)(2)(B)(iii); and
``(iv) 25 percent on the basis described in section
132(b)(2)(B)(iv).
``(B) Minimum and maximum percentages.--
``(i) Minimum percentage.--The State shall ensure that no
local area shall receive an allocation under this paragraph
for--
``(I) each of fiscal years 2014 through 2016, that is less
than 100 percent of the allocation percentage of the local
area for fiscal year 2012; and
``(II) fiscal year 2017 and each succeeding fiscal year,
that is less than 90 percent of the allocation percentage of
the local area for the preceding fiscal year.
``(ii) Maximum percentage.--Subject to clause (i), the
State shall ensure that no local area shall receive an
allocation for a fiscal year under this paragraph for--
``(I) each of fiscal years 2014 through 2016, that is more
than 130 percent of the allocation percentage of the local
area for fiscal year 2012; and
``(II) fiscal year 2017 and each succeeding fiscal year,
that is more than 130 percentage of the allocation percentage
of the local area for the preceding fiscal year.
``(C) Definitions.--For the purpose of the formula
specified in this paragraph, the term `allocation
percentage'--
``(i) used with respect to fiscal year 2012, means the
percentage of the amounts allocated to local areas under
title I of this Act, title V of the Older Americans Act of
1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship
and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.),
sections 4103A and 4104 of title 38, United States Code, and
sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49
et seq.), as such provisions were in effect for fiscal year
2012, that is received under such provisions by the local
area involved for fiscal year 2012; and
``(ii) used with respect to fiscal year 2016 or a
succeeding fiscal year, means the percentage of the amounts
allocated to local areas for the fiscal year under this
paragraph that is received under this paragraph by the local
area involved for the fiscal year.'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Governor, may in accordance with
this subsection, reallocate to eligible local areas within
the State amounts that are allocated under subsection (b) for
employment and training activities and that are available for
reallocation.'';
(B) in paragraph (2), by striking ``paragraph (2)(A) or (3)
of subsection (b) for such activities'' and inserting
``subsection (b) for such activities'';
(C) by amending paragraph (3) to read as follows:
``(3) Reallocations.--In making reallocations to eligible
local areas of amounts available pursuant to paragraph (2)
for a program year, the Governor shall allocate to each
eligible local area within the State an amount based on the
relative amount allocated to such local area under subsection
(b)(2) for such activities for such prior program year, as
compared to the total amount allocated to all eligible local
areas in the State under subsection (b)(2) for such
activities for such prior program year.''; and
(D) in paragraph (4), by striking ``paragraph (2)(A) or (3)
of''; and
(4) by adding at the end the following new subsection:
``(d) Local Administrative Cost Limit.--Of the amounts
allocated to a local area under this section for a fiscal
year, not more than 10 percent of the amount may be used by
the local board involved for the administrative costs of
carrying out local workforce investment activities in the
local area under this chapter.''.
SEC. 113. USE OF FUNDS FOR EMPLOYMENT AND TRAINING
ACTIVITIES.
Section 134 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Statewide Employment and Training Activities.--
``(1) In general.--
``(A) Distribution of statewide activities.--Funds reserved
by a Governor for a State as described in section 133(a)(1)--
``(i) shall be used to carry out the statewide employment
and training activities described in paragraph (2); and
``(ii) may be used to carry out any of the statewide
employment and training activities described in paragraph
(3).
``(B) Statewide rapid response activities.--Funds reserved
by a Governor for a State as described in section 133(a)(2)
shall be used to carry out the statewide rapid response
activities described in paragraph (4).
``(C) Statewide grants for individuals with barriers to
employment.--Funds reserved by a Governor for a State as
described in section 133(a)(3) shall be used to carry out the
Statewide Grants for Individuals with Barriers to Employment
competition described in paragraph (5).
``(2) Required statewide employment and training
activities.--A State shall use funds reserved as described in
section 133(a)(1) to carry out statewide employment and
training activities, which shall include--
``(A) disseminating the State list of eligible providers of
training described in section 122(d), information identifying
eligible providers of on-the-job training and customized
training described in section 122(i), and performance
information and program cost information described in section
122(b)(2);
``(B) supporting the provision of work ready services
described in subsection (c)(2) in the one-stop delivery
system;
``(C) implementing strategies and services that will be
used in the State to assist at-risk youth and out-of-school
youth in acquiring the education and skills, recognized
postsecondary credentials, and employment experience to
succeed in the labor market;
``(D) conducting evaluations under section 136(e) of
activities authorized under this chapter in coordination with
evaluations carried out by the Secretary under section 172;
``(E) providing technical assistance to local areas that
fail to meet local performance measures;
``(F) operating a fiscal and management accountability
system under section 136(f); and
``(G) carrying out monitoring and oversight of activities
carried out under this chapter.
``(3) Allowable statewide employment and training
activities.--A State may use funds reserved as described in
section 133(a)(1) to carry out statewide employment and
training activities which may include--
``(A) implementing innovative programs and strategies
designed to meet the needs of all employers in the State,
including small employers, which may include incumbent worker
training programs, sectoral and industry cluster strategies
and partnerships, career ladder programs, micro-enterprise
and entrepreneurial training and support programs,
utilization of effective business intermediaries, activities
to improve linkages between the one-stop delivery system in
the State and all employers (including small employers) in
the State, and other business services and strategies that
better engage employers in workforce investment activities
and make the workforce investment system more relevant to the
needs of State and local businesses, consistent with the
objectives of this title;
``(B) providing incentive grants to local areas for
regional cooperation among local boards (including local
boards in a designated region as described in section
116(c)), for local coordination of activities carried out
under this Act, and for exemplary performance by local areas
on the local performance measures;
``(C) developing strategies for effectively integrating
programs and services among one-stop partners;
``(D) carrying out activities to facilitate remote access
to services provided through a one-stop delivery system,
including facilitating access through the use of technology;
``(E) incorporating pay-for-performance contracting
strategies, as defined in section 101(56), as an element in
funding activities under this section and providing technical
support to local areas and providers in order to carry out
such strategy, which may provide assistance with data
collection and data entry requirements;
``(F) carrying out the State option under subsection
(f)(8); and
``(G) carrying out other activities authorized under this
section that the State determines to be necessary to assist
local areas in carrying out activities described in
subsection (c) or (d) through the statewide workforce
investment system.
``(4) Statewide rapid response activities.--A State shall
use funds reserved as described in section 133(a)(2) to carry
out statewide rapid response activities, which shall
include--
``(A) provision of rapid response activities, carried out
in local areas by the State or by an entity designated by the
State, working in conjunction with the local boards and the
chief elected officials in the local areas; and
``(B) provision of additional assistance to local areas
that experience disasters, mass layoffs or plant closings, or
other events that precipitate substantial increases in the
number of unemployed individuals, carried out in local areas
by the State or by an entity designated by the State, working
in conjunction with the local boards and the chief elected
officials in the local areas.
``(5) Statewide grants for individuals with barriers to
employment.--
``(A) In general.--Of the funds reserved as described in
section 133(a)(3), the Governor of a State--
``(i) may reserve up to 5 percent to provide technical
assistance to, and conduct evaluations as described in
section 136(e), of the programs and activities carried out
under this paragraph; and
``(ii) using the remainder, shall award grants on a
competitive basis to eligible entities described in
subparagraph (B) to carry out employment and training
programs authorized under this paragraph for individuals with
barriers to employment that meet specific performance
outcomes and criteria established by the Governor.
``(B) Eligible entity defined.--For purposes of this
paragraph, the term `eligible entity' means an entity that--
[[Page H1453]]
``(i) is a--
``(I) local board or a consortium of local boards;
``(II) nonprofit entity, for-profit entity, or a consortium
of nonprofit or for-profit entities; or
``(III) consortium of the entities described in subclauses
(I) and (II);
``(ii) has a demonstrated record of placing individuals
into unsubsidized employment and serving hard to serve
individuals; and
``(iii) agrees to be reimbursed primarily on the basis of
achievement of specified performance outcomes and criteria
established by the Governor.
``(C) Grant period.--
``(i) In general.--A grant under this paragraph shall be
awarded for a period of 1 year.
``(ii) Grant renewal.--A Governor of a State may renew, for
up to 4 additional 1-year periods, a grant awarded under this
paragraph.
``(D) Eligible participants.--To be eligible to participate
in activities under this paragraph, an individual shall be a
low-income individual age 16 or older or a member of a low-
income family.
``(E) Use of funds.--An eligible entity receiving a grant
under this paragraph shall use such funds for activities that
are designed to assist eligible participants in obtaining
employment and acquiring the education and skills necessary
to succeed in the labor market.
``(F) Applications.--To be eligible to receive a grant
under this paragraph, an eligible entity shall submit an
application to a State at such time, in such manner, and
containing such information as the State may require,
including--
``(i) a description of how the strategies and activities
will be aligned with the State plan submitted under section
112 and the local plan submitted under section 118 with
respect to the areas of the State that will be the focus of
grant activities under this paragraph;
``(ii) a description of the educational and skills training
programs and activities the eligible entity will provide to
eligible participants under this paragraph;
``(iii) how the eligible entity will collaborate with State
and local workforce investment systems established under this
title in the provision of such programs and activities;
``(iv) a description of the programs of demonstrated
effectiveness on which the provision of such educational and
skills training programs and activities are based, and a
description of how such programs and activities will improve
the education and skills training for eligible participants;
``(v) a description of the populations to be served and the
skill needs of those populations, and the manner in which
eligible participants will be recruited and selected as
participants;
``(vi) a description of the private, public, local, and
State resources that will be leveraged, in addition to the
grant funds provided for the programs and activities under
this paragraph, and how the entity will ensure the
sustainability of such programs and activities after grant
funds are no longer available;
``(vii) a description of the extent of the involvement of
employers in such programs and activities;
``(viii) a description of the levels of performance the
eligible entity expects to achieve with respect to the
indicators of performance for all individuals specified in
section in 136(b)(2);
``(ix) a detailed budget and a description of the system of
fiscal controls, and auditing and accountability procedures
that will be used to ensure fiscal soundness for the programs
and activities provided under this paragraph; and
``(x) any other criteria the Governor may require.'';
(2) by amending subsection (b) to read as follows:
``(b) Local Employment and Training Activities.--Funds
allocated to a local area under section 133(b)--
``(1) shall be used to carry out employment and training
activities described in subsection (c); and
``(2) may be used to carry out employment and training
activities described in subsection (d).'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e), as
subsections (c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Funds allocated to a local area under
section 133(b) shall be used--
``(A) to establish a one-stop delivery system as described
in section 121(e);
``(B) to provide the work ready services described in
paragraph (2) through the one-stop delivery system in
accordance with such paragraph; and
``(C) to provide training services described in paragraph
(4) in accordance with such paragraph.'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Core services'' and
inserting ``Work ready services'';
(ii) in the matter preceding subparagraph (A)--
(I) by striking ``(1)(A)'' and inserting ``(1)(B)'';
(II) by striking ``core services'' and inserting ``work
ready services''; and
(III) by striking ``who are adults or dislocated workers'';
(iii) by redesignating subparagraph (K) as subparagraph
(V);
(iv) by redesignating subparagraphs (B) through (J) as
subparagraphs (C) through (K), respectively;
(v) by inserting after subparagraph (A) the following:
``(B) assistance in obtaining eligibility determinations
under the other one-stop partner programs through activities,
where appropriate and consistent with the authorizing statute
of the one-stop partner program, such as assisting in the
submission of applications, the provision of information on
the results of such applications, and the provision of intake
services and information;'';
(vi) by amending subparagraph (E), as so redesignated, to
read as follows:
``(E) labor exchange services, including--
``(i) job search and placement assistance, and where
appropriate, career counseling;
``(ii) appropriate recruitment services for employers,
including small employers, in the local area, which may
include services described in this subsection, including
information and referral to specialized business services not
traditionally offered through the one-stop delivery system;
and
``(iii) reemployment services provided to unemployment
claimants, including claimants identified as in need of such
services under the worker profiling system established under
section 303(j) of the Social Security Act (42 U.S.C.
503(j));'';
(vii) in subparagraph (F), as so redesignated, by striking
``employment statistics'' and inserting ``workforce and labor
market'';
(viii) in subparagraph (G), as so redesignated, by striking
``and eligible providers of youth activities described in
section 123,'';
(ix) in subparagraph (H), as so redesignated, by inserting
``under section 136'' after ``local performance measures'';
(x) in subparagraph (J), as so redesignated, by inserting
``and the administration of the work test for the
unemployment compensation system'' after ``compensation'';
(xi) by amending subparagraph (K), as so redesignated, to
read as follows:
``(K) assistance in establishing eligibility for programs
of financial aid assistance for training and education
programs that are not funded under this Act and are available
in the local area;''; and
(xii) by inserting the following new subparagraphs after
subparagraph (K), as so redesignated:
``(L) the provision of information from official
publications of the Internal Revenue Service regarding
Federal tax credits available to individuals relating to
education, job training and employment;
``(M) comprehensive and specialized assessments of the
skill levels and service needs of workers, which may
include--
``(i) diagnostic testing and use of other assessment tools;
and
``(ii) in-depth interviewing and evaluation to identify
employment barriers and appropriate employment goals;
``(N) development of an individual employment plan, to
identify the employment goals, appropriate achievement
objectives, and appropriate combination of services for the
participant;
``(O) group counseling;
``(P) individual counseling and career planning;
``(Q) case management;
``(R) short-term pre-career services, including development
of learning skills, communications skills, interviewing
skills, punctuality, personal maintenance skills, and
professional conduct, to prepare individuals for unsubsidized
employment or training;
``(S) internships and work experience;
``(T) literacy activities relating to basic work readiness,
information and communication technology literacy activities,
and financial literacy activities, if such activities are not
available to participants in the local area under programs
administered under the Adult Education and Family Literacy
Act (20 U.S.C. 2901 et seq.);
``(U) out-of-area job search assistance and relocation
assistance; and''; and
(C) by amending paragraph (3) to read as follows:
``(3) Delivery of services.--The work ready services
described in paragraph (2) shall be provided through the one-
stop delivery system and may be provided through contracts
with public, private for-profit, and private nonprofit
service providers, approved by the local board.'';
(D) in paragraph (4)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--Funds described in paragraph (1)(C)
shall be used to provide training services to individuals
who--
``(i) after an interview, evaluation, or assessment, and
case management, have been determined by a one-stop operator
or one-stop partner, as appropriate, to--
``(I) be in need of training services to obtain or retain
employment; and
``(II) have the skills and qualifications to successfully
participate in the selected program of training services;
``(ii) select programs of training services that are
directly linked to the employment opportunities in the local
area involved or in another area in which the individual
receiving such services are willing to commute or relocate;
and
``(iii) who meet the requirements of subparagraph (B);'';
and
(ii) in subparagraph (B)(i), by striking ``Except'' and
inserting ``Notwithstanding section 479B of the Higher
Education Act of 1965 (20 U.S.C. 1087uu) and except'';
(iii) by amending subparagraph (D) to read as follows:
``(D) Training services.--Training services authorized
under this paragraph may include--
``(i) occupational skills training;
``(ii) on-the-job training;
``(iii) skill upgrading and retraining;
``(iv) entrepreneurial training;
``(v) education activities leading to a regular secondary
school diploma or its recognized equivalent in combination
with, concurrently or subsequently, occupational skills
training;
``(vi) adult education and literacy activities provided in
conjunction with other training authorized under this
subparagraph;
``(vii) workplace training combined with related
instruction;
``(viii) occupational skills training that incorporates
English language acquisition;
[[Page H1454]]
``(ix) customized training conducted with a commitment by
an employer or group of employers to employ an individual
upon successful completion of the training; and
``(x) training programs operated by the private sector.'';
(iv) by striking subparagraph (E) and redesignating
subparagraphs (F) and (G) as subparagraphs (E) and (F),
respectively; and
(v) in subparagraph (E) (as so redesignated)--
(I) in clause (ii)--
(aa) in the matter preceding subclause (I), by striking
``subsection (c)'' and inserting ``section 121'';
(bb) in subclause (I), by striking ``section 122(e)'' and
inserting ``section 122(d)'' and by striking ``section
122(h)'' and inserting ``section 122(i)''; and
(cc) in subclause (II), by striking ``subsections (e) and
(h)'' and inserting ``subsection (i)''; and
(II) by striking clause (iii) and inserting the following:
``(iii) Career enhancement accounts.--An individual who
seeks training services and who is eligible pursuant to
subparagraph (A), may, in consultation with a case manager,
select an eligible provider of training services from the
list or identifying information for providers described in
clause (ii)(I). Upon such selection, the one-stop operator
involved shall, to the extent practicable, refer such
individual to the eligible provider of training services, and
arrange for payment for such services through a career
enhancement account.
``(iv) Coordination.--Each local board may, through one-
stop centers, coordinate career enhancement accounts with
other Federal, State, local, or private job training programs
or sources to assist the individual in obtaining training
services.
``(v) Assistance.--Each local board may, through one-stop
centers, assist individuals receiving career enhancement
accounts in obtaining funds (in addition to the funds
provided under this section) from other programs and sources
that will assist the individual in obtaining training
services.''; and
(vi) in subparagraph (F) (as so redesignated)--
(I) in the subparagraph heading, by striking ``individual
training accounts'' and inserting ``career enhancement
accounts'';
(II) in clause (i) by striking ``individual training
accounts'' and inserting ``career enhancement accounts'';
(III) in clause (ii)--
(aa) by striking ``an individual training account'' and
inserting ``a career enhancement account'';
(bb) by striking ``subparagraph (F)'' and inserting
``subparagraph (E)'';
(cc) in subclause (II), by striking ``individual training
accounts'' and inserting ``career enhancement accounts'';
(dd) in subclause (II) by striking ``or'' after the
semicolon;
(ee) in subclause (III) by striking the period and
inserting ``; or''; and
(ff) by adding at the end the following:
``(IV) the local board determines that it would be most
appropriate to award a contract to an institution of higher
education that has been identified as a priority provider
under section 117(d)(5)(B) in order to facilitate the
training of multiple individuals in in-demand sectors or
occupations, and which may be used to enable the expansion of
programs provided by a priority provider, if such contract
does not limit customer choice.'';
(IV) in clause (iii), by striking ``adult or dislocated
worker'' and inserting ``individual''; and
(V) in clause (iv)--
(aa) by redesignating subclause (IV) as subclause (V) and
inserting after subclause (III) the following:
``(IV) Individuals with disabilities.'';
(6) in subsection (d) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Discretionary one-stop delivery activities.--
``(A) In general.--Funds allocated to a local area under
section 133(b)(2) may be used to provide, through the one-
stop delivery system--
``(i) customized screening and referral of qualified
participants in training services to employers;
``(ii) customized employment-related services to employers
on a fee-for-service basis;
``(iii) customer supports, including transportation and
childcare, to navigate among multiple services and activities
for special participant populations that face multiple
barriers to employment, including individuals with
disabilities;
``(iv) employment and training assistance provided in
coordination with child support enforcement activities of the
State agency carrying out subtitle D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.);
``(v) incorporating pay-for-performance contract
strategies, as defined in section 101(56), as an element in
funding activities under this section;
``(vi) activities to facilitate remote access to services
provided through a one-stop delivery system, including
facilitating access through the use of technology; and
``(vii) activities to carry out business services and
strategies that meet the workforce investment needs of local
area employers, as determined by the local board, consistent
with the local plan under section 118.''.
(B) by striking paragraphs (2) and (3); and
(C) by adding at the end the following:
``(2) Incumbent worker training programs.--
``(A) In general.--The local board may use funds allocated
to a local area under section 133(b)(2) to carry out
incumbent worker training programs in accordance with this
paragraph.
``(B) Training activities.--The training programs for
incumbent workers under this paragraph shall be carried out
by the local area in conjunction with the employers of such
workers for the purpose of assisting such workers in
obtaining the skills necessary to retain employment and avert
layoffs.
``(C) Employer match required.--
``(i) In general.--Employers participating in programs
under this paragraph shall be required to pay a proportion of
the costs of providing the training to the incumbent workers
of the employers. The local board shall establish the
required portion of such costs, which may include in-kind
contributions.
``(ii) Calculation of match.--The wages paid by an employer
to a worker while they are attending training may be included
as part of the required payment of the employer.''; and
(7) by adding at the end the following:
``(e) Priority for Placement in Private Sector Jobs.--In
providing employment and training activities authorized under
this section, the State and local board shall give priority
to placing participants in jobs in the private sector.
``(f) Veteran Employment Specialist.--
``(1) In general.--Subject to paragraph (8), a local board
shall hire and employ one or more veteran employment
specialist to carry out employment, training, and placement
services under this subsection in the local area served by
the local board.
``(2) Principal duties.--A veteran employment specialist in
a local area shall--
``(A) conduct outreach to employers in the local area to
assist veterans, including disabled veterans, in gaining
employment, including--
``(i) conducting seminars for employers; and
``(ii) in conjunction with employers, conducting job search
workshops, and establishing job search groups; and
``(B) facilitate employment, training, supportive, and
placement services furnished to veterans, including disabled
and homeless veterans, in the local area.
``(3) Hiring preference for veterans and individuals with
expertise in serving veterans.--Subject to paragraph (8), a
local board shall, to the maximum extent practicable, employ
veterans or individuals with expertise in serving veterans to
carry out the services described in paragraph (2) in the
local area served by the local board. In hiring an individual
to serve as a veteran employment specialist, a local board
shall give preference to veterans and other individuals in
the following order:
``(A) To service-connected disabled veterans.
``(B) If no veteran described in subparagraph (A) is
available, to veterans.
``(C) If no veteran described in subparagraph (A) or (B) is
available, to any member of the Armed Forces transitioning
out of military service.
``(D) If no veteran described in subparagraph (A), (B), or
(C) is available, to any spouse of a veteran or a spouse of a
member of the Armed Forces transitioning out of military
service.
``(E) If no veteran described in subparagraph (A), (B), or
(C) is available and no spouse described in paragraph (D) is
available, to any other individuals with expertise in serving
veterans.
``(4) Administration and reporting.--
``(A) In general.--Each veteran employment specialist shall
be administratively responsible to the manager of the one-
stop delivery center in the local area and shall provide, at
a minimum, quarterly reports to the manager of such center
and to the Director for Veterans' Employment and Training for
the State on the performance and compliance by the specialist
with Federal law and regulations with respect to the--
``(i) principal duties and special services for veterans
described in paragraph (2); and
``(ii) hiring preferences described in paragraph (3) for
veterans and individuals with expertise in serving veterans.
``(B) Report to secretary.--Each State shall submit to the
Secretary an annual report on the qualifications used by the
local board in making hiring determinations for a veteran
employment specialist and the salary structure under which
such specialist is compensated.
``(C) Report to congress.--The Secretary shall submit to
the Committee on Education and the Workforce and the
Committee on Veterans' Affairs of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Veterans' Affairs of
the Senate an annual report summarizing the reports submitted
under subparagraph (B), including summaries of outcomes
achieved by participating veterans disaggregated by local
areas.
``(5) Part-time employees.--A part-time veteran employment
specialist shall perform the functions of a veteran
employment specialist under this subsection on a halftime
basis.
``(6) Training requirements.--Each veteran employment
specialist described in paragraph (2) shall satisfactorily
complete training provided by the National Veterans'
Employment and Training Institute during the three-year
period that begins on the date on which the employee is so
assigned.
``(7) Specialist's duties.--A full-time veteran employment
specialist shall perform only duties related to the
employment, training, supportive, and placement services
under this subsection, and shall not perform other non-
veteran-related duties if such duties detract from the
specialist's ability to perform the specialist's duties
related to employment, training, and placement services under
this subsection.
``(8) State option.--At the request of a local board, a
State may assume the duties assigned to the local board under
paragraphs (1) and (3), including the hiring and employment
of one or more veteran employment specialist for placement in
the local area served by the local board.''.
[[Page H1455]]
SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 136 (29 U.S.C. 2871) is amended--
(1) in subsection (b)--
(A) by amending paragraphs (1) and (2) to read as follows:
``(1) In general.--For each State, the State performance
measures shall consist of--
``(A)(i) the core indicators of performance described in
paragraph (2)(A); and
``(ii) additional indicators of performance (if any)
identified by the State under paragraph (2)(B); and
``(B) a State adjusted level of performance for each
indicator described in subparagraph (A).
``(2) Indicators of performance.--
``(A) Core indicators of performance.--
``(i) In general.--The core indicators of performance for
the program of employment and training activities authorized
under sections 132(a)(2) and 134, the program of adult
education and literacy activities authorized under title II,
and the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741), shall consist of the following indicators of
performance, each disaggregated by the populations identified
in the State and local plans:
``(I) The percentage and number of program participants who
are in unsubsidized employment during the second full
calendar quarter after exit from the program.
``(II) The percentage and number of program participants
who are in unsubsidized employment during the fourth full
calendar quarter after exit from the program.
``(III) The median earnings of program participants who are
in unsubsidized employment during the second full calendar
quarter after exit from the program compared to the median
earnings of such participants prior to the training received
under such program.
``(IV) The percentage and number of program participants
who obtain a recognized postsecondary credential, a
registered apprenticeship, an industry-recognized credential,
or a regular secondary school diploma or its recognized
equivalent (subject to clause (ii)), during participation in
or within 1 year after exit from program.
``(V) The percentage and number of program participants
who, during a program year--
``(aa) are in an education or training program that leads
to a recognized postsecondary credential, a registered
apprenticeship or on-the-job training program, an industry-
recognized credential, a regular secondary school diploma or
its recognized equivalent, or unsubsidized employment; and
``(bb) are achieving measurable basic skill gains toward
such a credential or employment.
``(VI) The percentage and number of program participants
who obtain unsubsidized employment in the field relating to
the training services described in section 134(c)(4) that
such participants received.
``(ii) Indicator relating to credential.--For purposes of
clause (i)(IV), program participants who obtain a regular
secondary school diploma or its recognized equivalent shall
be included in the percentage counted as meeting the
criterion under such clause only if such participants, in
addition to obtaining such diploma or its recognized
equivalent, have, within 1 year after exit from the program,
obtained or retained employment, have been removed from
public assistance, or are in an education or training program
leading to a recognized postsecondary credential.
``(B) Additional indicators.--A State may identify in the
State plan additional indicators for workforce investment
activities authorized under this subtitle.''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in the heading, by striking ``and customer satisfaction
indicator'';
(II) in clause (i), by striking ``and the customer
satisfaction indicator described in paragraph (2)(B)'';
(III) in clause (ii), by striking ``and the customer
satisfaction indicator of performance, for the first 3'' and
inserting ``, for all 3'';
(IV) in clause (iii)--
(aa) in the heading, by striking ``for first 3 years''; and
(bb) by striking ``and the customer satisfaction indicator
of performance, for the first 3 program years'' and inserting
``for all 3 program years'';
(V) in clause (iv)--
(aa) by striking ``or (v)'';
(bb) by striking subclause (I) and redesignating subclauses
(II) and (III) as subclauses (I) and (II), respectively; and
(cc) in subclause (I) (as so redesignated)--
(AA) by striking ``taking into account'' and inserting
``which shall be adjusted based on'';
(BB) by inserting ``, such as unemployment rates and job
losses or gains in particular industries'' after ``economic
conditions''; and
(CC) by inserting ``, such as indicators of poor work
experience, dislocation from high-wage employment, low levels
of literacy or English proficiency, disability status,
including the number of veterans with disabilities, and
welfare dependency'' after ``program'';
(VI) by striking clause (v) and redesignating clause (vi)
as clause (v); and
(VII) in clause (v) (as so redesignated),
(aa) by striking ``described in clause (iv)(II)'' and
inserting ``described in clause (iv)(I)''; and
(bb) by striking ``or (v)''; and
(ii) in subparagraph (B), by striking ``paragraph (2)(C)''
and inserting ``paragraph (2)(B)'';
(2) in subsection (c)(1)(A)--
(A) by amending clause (i) to read as follows: ``(i) the
core indicators of performance described in subsection
(b)(2)(A) for activities described in such subsections, other
than statewide workforce investment activities; and'';
(B) in clause (ii), by striking ``(b)(2)(C)'' and inserting
``(b)(2)(B)''; and
(C) by amending paragraph (3) to read as follows:
``(3) Determinations.--In determining such local levels of
performance, the local board, the chief elected official, and
the Governor shall ensure such levels are adjusted based on
the specific economic characteristics (such as unemployment
rates and job losses or gains in particular industries),
demographic characteristics, or other characteristics of the
population to be served in the local area.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``127 or'';
(ii) by striking ``and the customer satisfaction
indicator'' each place it appears; and
(iii) in the last sentence, by inserting before the period
the following: ``, and on the amount and percentage of the
State's annual allotment under section 132 the State spends
on administrative costs and on the amount and percentage of
its annual allocation under section 133 each local area in
the State spends on administrative costs'';
(B) in paragraph (2)--
(i) by striking subparagraphs (A), (B), and (D);
(ii) by redesignating subparagraph (C) as subparagraph (A);
(iii) by redesignating subparagraph (E) as subparagraph
(B);
(iv) in subparagraph (B), as so redesignated--
(I) by striking ``(excluding participants who received only
self-service and informational activities)''; and
(II) by striking ``and'' at the end;
(v) by striking subparagraph (F);
(vi) by adding at the end the following:
``(C) with respect to each local area in the State--
``(i) the number of individuals who received work ready
services described under section 134(c)(2) and the number of
individuals who received training services described under
section 134(c)(4) during the most recent program year and
fiscal year, and the preceding 5 program years, where the
individuals received the training, disaggregated by the type
of entity that provided the training, and the amount of funds
spent on each type of service;
``(ii) the number of individuals who successfully exited
out of work ready services described under section 134(c)(2)
and the number of individuals who exited out of training
services described under section 134(c)(4) during the most
recent program year and fiscal year, and the preceding 5
program years, and where the individuals received the
training, disaggregated by the type of entity that provided
the training; and
``(iii) the average cost per participant of those
individuals who received work ready services described under
section 134(c)(2) and the average cost per participant of
those individuals who received training services described
under section 134(c)(4) during the most recent program year
and fiscal year, and the preceding 5 program years, and where
the individuals received the training, disaggregated by the
type of entity that provided the training; and
``(E) the amount of funds spent on training services and
discretionary one-stop delivery activities, disaggregated by
the populations identified in the State and local plans.'';
(C) in paragraph (3)(A), by striking ``through
publication'' and inserting ``through electronic means''; and
(D) by adding at the end the following:
``(4) Data validation.--In preparing the reports described
in this subsection, each State shall establish procedures,
consistent with guidelines issued by the Secretary, to ensure
the information contained in the report is valid and
reliable.
``(5) State and local policies.--
``(A) State policies.--Each State that receives an
allotment under section 132 shall maintain a central
repository of policies related to access, eligibility,
availability of services, and other matters and plans
approved by the State board and make such repository
available to the public, including by electronic means.
``(B) Local policies.--Each local area that receives an
allotment under section 133 shall maintain a central
repository of policies related to access, eligibility,
availability of services, and other matters and plans
approved by the local board and make such repository
available to the public, including by electronic means.'';
(4) in subsection (g)--
(A) in paragraph (1)(A), by striking ``or (B)'';
(B) in paragraph (1)(B), by striking ``may reduce by not
more than 5 percent,'' and inserting ``shall reduce''; and
(C) by striking paragraph (2) and inserting the following:
``(2) Funds resulting from reduced allotments.--The
Secretary shall return to the Treasury the amount retained,
as a result of a reduction in an allotment to a State made
under paragraph (1)(B).'';
(5) in subsection (h)(1), by striking ``or (B)'';
(6) in subsection (h)(2)--
(A) in subparagraph (A), by amending the matter preceding
clause (i) to read as follows:
``(A) In general.--If such failure continues for a second
consecutive year, the Governor shall take corrective actions,
including the development of a reorganization plan. Such plan
shall--'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A), the following:
``(B) Reduction in the amount of grant.--If such failure
continues for a third consecutive year, the Governor of a
State shall reduce the amount of the grant that would (in the
absence of this subparagraph) be payable to the local area
under such program for the program year
[[Page H1456]]
after such third consecutive year. Such penalty shall be
based on the degree of failure to meet local levels of
performance.'';
(D) in subparagraph (C)(i) (as so redesignated), by
striking ``a reorganization plan under subparagraph (A) may,
not later than 30 days after receiving notice of the
reorganization plan, appeal to the Governor to rescind or
revise such plan'' and inserting ``corrective actions under
subparagraphs (A) and (B) may, not later than 30 days after
receiving notice of the actions, appeal to the Governor to
rescind or revise such actions''; and
(E) in subparagraph (D) (as so redesignated), by striking
``subparagraph (B)'' each place it appears and inserting
``subparagraph (C)'';
(7) in subsection (i)(1)(B), by striking ``subsection
(b)(2)(C)'' and inserting ``subsection (b)(2)(B)'';
(8) in subsection (i)(1)(C), by striking ``(b)(3)(A)(vi)''
and inserting ``(b)(3)(A)(v)'';
(9) in subsection (i)(2), by striking ``the activities
described in section 502 concerning'';
(10) in subsection (i)(3), by striking ``described in
paragraph (1) and in the activities described in section
502'' and inserting ``and activities described in this
subsection''; and
(11) by adding at the end the following new subsections:
``(j) Use of Core Indicators for Other Programs.--In
addition to the programs carried out under chapter 5, and
consistent with the requirements of the applicable
authorizing laws, the Secretary shall use the core indicators
of performance described in subsection (b)(2)(A) to assess
the effectiveness of the programs described under section
121(b)(1)(B) that are carried out by the Secretary.
``(k) Establishing Pay-for-performance Incentives.--
``(1) In general.--At the discretion of the Governor of a
State, a State may establish an incentive system for local
boards to implement pay-for-performance contract strategies
for the delivery of employment and training services in the
local areas served by the local boards.
``(2) Implementation.--A State that establishes a pay-for-
performance incentive system shall reserve not more than 10
percent of the total amount allotted to the State under
section 132(b)(2) for a fiscal year to provide funds to local
areas in the State whose local boards have implemented a pay-
for-performance contract strategy.
``(3) Evaluations.--A State described in paragraph (2)
shall use funds reserved by the State under section 133(a)(1)
to evaluate the return on investment of pay-for-performance
contract strategies implemented by local boards in the
State.''.
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
Section 137 (29 U.S.C. 2872) is amended to read as follows:
``SEC. 137. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the
activities described in section 132, $6,245,318,000 for
fiscal year 2014 and each of the 6 succeeding fiscal
years.''.
Subtitle C--Job Corps
SEC. 116. JOB CORPS PURPOSES.
Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended
to read as follows:
``(1) to maintain a national Job Corps program for at-risk
youth, carried out in partnership with States and
communities, to assist eligible youth to connect to the
workforce by providing them with intensive academic, career
and technical education, and service-learning opportunities,
in residential and nonresidential centers, in order for such
youth to obtain regular secondary school diplomas and
recognized postsecondary credentials leading to successful
careers in in-demand industries that will result in
opportunities for advancement;''.
SEC. 117. JOB CORPS DEFINITIONS.
Section 142 (29 U.S.C. 2882) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``Applicable one-
stop'' and inserting ``One-stop'';
(B) by striking ``applicable'';
(C) by striking ``customer service''; and
(D) by striking ``intake'' and inserting ``assessment'';
(2) in paragraph (4), by striking ``before completing the
requirements'' and all that follows and inserting ``prior to
becoming a graduate.''; and
(3) in paragraph (5), by striking ``has completed the
requirements'' and all that follows and inserting the
following: ``who, as a result of participation in the Job
Corps program, has received a regular secondary school
diploma, completed the requirements of a career and technical
education and training program, or received, or is making
satisfactory progress (as defined under section 484(c) of the
Higher Education Act of 1965 (20 U.S.C. 1091(c)) toward
receiving, a recognized postsecondary credential, including
an industry-recognized credential that prepares individuals
for employment leading to economic self-sufficiency.''.
SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 (29 U.S.C. 2884) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) not less than age 16 and not more than age 24 on the
date of enrollment;'';
(2) in paragraph (3)(B), by inserting ``secondary'' before
``school''; and
(3) in paragraph (3)(E), by striking ``vocational'' and
inserting ``career and technical education and''.
SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT
OF ENROLLEES.
Section 145 (29 U.S.C. 2885) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(C)(i) by striking ``vocational'' and
inserting ``career and technical education and training'';
and
(B) in paragraph (3)--
(i) by striking ``To the extent practicable, the'' and
inserting ``The'';
(ii) in subparagraph (A)--
(I) by striking ``applicable''; and
(II) by inserting ``and'' after the semicolon;
(iii) by striking subparagraphs (B) and (C); and
(iv) by adding at the end the following:
``(B) organizations that have a demonstrated record of
effectiveness in placing at-risk youth into employment.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and agrees to such
rules'' after ``failure to observe the rules''; and
(ii) by amending subparagraph (C) to read as follows:
``(C) the individual has passed a background check
conducted in accordance with procedures established by the
Secretary, which shall include--
``(i) a search of the State criminal registry or repository
in the State where the individual resides and each State
where the individual previously resided;
``(ii) a search of State-based child abuse and neglect
registries and databases in the State where the individual
resides and each State where the individual previously
resided;
``(iii) a search of the National Crime Information Center;
``(iv) a Federal Bureau of Investigation fingerprint check
using the Integrated Automated Fingerprint Identification
System; and
``(v) a search of the National Sex Offender Registry
established under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.).''; and
(B) by adding at the end the following new paragraph:
``(3) Individuals convicted of a crime.--An individual
shall be ineligible for enrollment if the individual--
``(A) makes a false statement in connection with the
criminal background check described in paragraph (1)(C);
``(B) is registered or is required to be registered on a
State sex offender registry or the National Sex Offender
Registry established under the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
``(C) has been convicted of a felony consisting of--
``(i) homicide;
``(ii) child abuse or neglect;
``(iii) a crime against children, including child
pornography;
``(iv) a crime involving rape or sexual assault; or
``(v) physical assault, battery, or a drug-related offense,
committed within the past 5 years.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``2 years'' and inserting ``year''; and
(ii) by striking ``an assignment'' and inserting ``a''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``, every 2 years,'';
(ii) in subparagraph (B), by striking ``and'' at the end;
and
(iii) in subparagraph (C)--
(I) by inserting ``the education and training'' after
``including''; and
(II) by striking the period at the end and inserting ``;
and''; and
(iv) by adding at the end the following:
``(D) the performance of the Job Corps center relating to
the indicators described in paragraphs (1) and (2) in section
159(c), and whether any actions have been taken with respect
to such center pursuant to section 159(f).''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``is closest to the home of the enrollee, except that the''
and inserting ``offers the type of career and technical
education and training selected by the individual and, among
the centers that offer such education and training, is
closest to the home of the individual. The'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(B) in paragraph (2), by inserting ``that offers the career
and technical education and training desired by'' after
``home of the enrollee''.
SEC. 120. JOB CORPS CENTERS.
Section 147 (29 U.S.C. 2887) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``vocational'' both
places it appears and inserting ``career and technical''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``subsections (c) and (d) of section 303 of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253)'' and inserting ``subsections (a) and (b) of
section 3304 of title 41, United States Code''; and
(II) by striking ``industry council'' and inserting
``workforce council'';
(ii) in subparagraph (B)(i)--
(I) by amending subclause (II) to read as follows:
``(II) the ability of the entity to offer career and
technical education and training that the workforce council
proposes under section 154(c);'';
(II) in subclause (III), by striking ``is familiar with the
surrounding communities, applicable'' and inserting
``demonstrates relationships with the surrounding
communities, employers, workforce boards,'' and by striking
``and'' at the end;
[[Page H1457]]
(III) by amending subclause (IV) to read as follows:
``(IV) the performance of the entity, if any, relating to
operating or providing activities described in this subtitle
to a Job Corps center, including the entity's demonstrated
effectiveness in assisting individuals in achieving the
primary and secondary indicators of performance described in
paragraphs (1) and (2) of section 159(c); and''; and
(IV) by adding at the end the following new subclause:
``(V) the ability of the entity to demonstrate a record of
successfully assisting at-risk youth to connect to the
workforce, including by providing them with intensive
academic, and career and technical education and training.'';
and
(iii) in subparagraph (B)(ii), by striking ``, as
appropriate'';
(2) in subsection (b), by striking ``In any year, no more
than 20 percent of the individuals enrolled in the Job Corps
may be nonresidential participants in the Job Corps.'';
(3) by amending subsection (c) to read as follows:
``(c) Civilian Conservation Centers.--
``(1) In general.--The Job Corps centers may include
Civilian Conservation Centers, operated under an agreement
between the Secretary of Labor and the Secretary of
Agriculture, that are located primarily in rural areas. Such
centers shall adhere to all the provisions of this subtitle,
and shall provide, in addition to education, career and
technical education and training, and workforce preparation
skills training described in section 148, programs of work
experience to conserve, develop, or manage public natural
resources or public recreational areas or to develop
community projects in the public interest.
``(2) Selection process.--The Secretary shall select an
entity that submits an application under subsection (d) to
operate a Civilian Conservation Center on a competitive
basis, as provided in subsection (a).''; and
(4) by striking subsection (d) and inserting the following:
``(d) Application.--To be eligible to operate a Job Corps
center under this subtitle, an entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including--
``(1) a description of the program activities that will be
offered at the center, including how the career and technical
education and training reflect State and local employment
opportunities, including in in-demand industries;
``(2) a description of the counseling, placement, and
support activities that will be offered at the center,
including a description of the strategies and procedures the
entity will use to place graduates into unsubsidized
employment upon completion of the program;
``(3) a description of the demonstrated record of
effectiveness that the entity has in placing at-risk youth
into employment, including past performance of operating a
Job Corps center under this subtitle;
``(4) a description of the relationships that the entity
has developed with State and local workforce boards,
employers, State and local educational agencies, and the
surrounding communities in an effort to promote a
comprehensive statewide workforce investment system;
``(5) a description of the strong fiscal controls the
entity has in place to ensure proper accounting of Federal
funds, and a description of how the entity will meet the
requirements of section 159(a);
``(6) a description of the strategies and policies the
entity will utilize to reduce participant costs;
``(7) a description of the steps taken to control costs in
accordance with section 159(a)(3);
``(8) a detailed budget of the activities that will be
supported using funds under this subtitle;
``(9) a detailed budget of the activities that will be
supported using funds from non-Federal resources;
``(10) an assurance the entity will comply with the
administrative cost limitation included in section 151(c);
``(11) an assurance the entity is licensed to operate in
the State in which the center is located; and
``(12) an assurance the entity will comply with and meet
basic health and safety codes, including those measures
described in section 152(b).
``(e) Length of Agreement.--The agreement described in
subsection (a)(1)(A) shall be for not longer than a 2-year
period. The Secretary may renew the agreement for 3 one-year
periods if the entity meets the requirements of subsection
(f).
``(f) Renewal.--
``(1) In general.--Subject to paragraph (2), the Secretary
may renew the terms of an agreement described in subsection
(a)(1)(A) for an entity to operate a Job Corps center if the
center meets or exceeds each of the indicators of performance
described in section 159(c)(1).
``(2) Recompetition.--
``(A) In general.--Notwithstanding paragraph (1), the
Secretary shall not renew the terms of the agreement for an
entity to operate a Job Corps center if such center is ranked
in the bottom quintile of centers described in section
159(f)(2) for any program year. Such entity may submit a new
application under subsection (d) only if such center has
shown significant improvement on the indicators of
performance described in section 159(c)(1) over the last
program year.
``(B) Violations.--The Secretary shall not select an entity
to operate a Job Corps center if such entity or such center
has been found to have a systemic or substantial material
failure that involves--
``(i) a threat to the health, safety, or civil rights of
program participants or staff;
``(ii) the misuse of funds received under this subtitle;
``(iii) loss of legal status or financial viability, loss
of permits, debarment from receiving Federal grants or
contracts, or the improper use of Federal funds;
``(iv) failure to meet any other Federal or State
requirement that the entity has shown an unwillingness or
inability to correct, after notice from the Secretary, within
the period specified; or
``(v) an unresolved area of noncompliance.
``(g) Current Grantees.--Not later than 60 days after the
date of enactment of the SKILLS Act and notwithstanding any
previous grant award or renewals of such award under this
subtitle, the Secretary shall require all entities operating
a Job Corps center under this subtitle to submit an
application under subsection (d) to carry out the
requirements of this section.''.
SEC. 121. PROGRAM ACTIVITIES.
Section 148 (29 U.S.C. 2888) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Activities Provided Through Job Corps Centers.--
``(1) In general.--Each Job Corps center shall provide
enrollees with an intensive, well-organized, and supervised
program of education, career, and technical education and
training, work experience, recreational activities, physical
rehabilitation and development, and counseling. Each Job
Corps center shall provide enrollees assigned to the center
with access to work-ready services described in section
134(c)(2).
``(2) Relationship to opportunities.--
``(A) In general.--The activities provided under this
subsection shall be targeted to helping enrollees, on
completion of their enrollment--
``(i) secure and maintain meaningful unsubsidized
employment;
``(ii) complete secondary education and obtain a regular
secondary school diploma;
``(iii) enroll in and complete postsecondary education or
training programs, including obtaining recognized
postsecondary credentials, industry-recognized credentials,
and registered apprenticeships; or
``(iv) satisfy Armed Forces requirements.
``(B) Link to employment opportunities.--The career and
technical education and training provided shall be linked to
the employment opportunities in in-demand industries in the
State in which the Job Corps center is located.''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Education and
Vocational'' and inserting ``Academic and Career and
Technical Education and'';
(B) by striking ``may'' after ``The Secretary'' and
inserting ``shall''; and
(C) by striking ``vocational'' each place it appears and
inserting ``career and technical''; and
(3) by amending paragraph (3) of subsection (c) to read as
follows:
``(3) Demonstration.--Each year, any operator seeking to
enroll additional enrollees in an advanced career training
program shall demonstrate, before the operator may carry out
such additional enrollment, that--
``(A) participants in such program have achieved a
satisfactory rate of completion and placement in training-
related jobs; and
``(B) such operator has met or exceeded the indicators of
performance described in paragraphs (1) and (2) of section
159(c) for the previous year.''.
SEC. 122. COUNSELING AND JOB PLACEMENT.
Section 149 (29 U.S.C. 2889) is amended--
(1) in subsection (a), by striking ``vocational'' and
inserting ``career and technical education and'';
(2) in subsection (b), by striking ``make every effort to
arrange to''; and
(3) by striking subsection (d).
SEC. 123. SUPPORT.
Subsection (b) of section 150 (29 U.S.C. 2890) is amended
to read as follows:
``(b) Transition Allowances and Support for Graduates.--The
Secretary shall arrange for a transition allowance to be paid
to graduates. The transition allowance shall be incentive-
based to reflect a graduate's completion of academic, career
and technical education or training, and attainment of a
recognized postsecondary credential, including an industry-
recognized credential.''.
SEC. 124. OPERATIONS.
Section 151 (29 U.S.C. 2891) is amended--
(1) in the header, by striking ``OPERATING PLAN.'' and
inserting ``OPERATIONS.'';
(2) in subsection (a), by striking ``In General.--'' and
inserting ``Operating Plan.--'';
(3) by striking subsection (b) and redesignating subsection
(c) as subsection (b);
(4) by amending subsection (b) (as so redesignated)--
(A) in the heading by inserting ``of Operating Plan'' after
``Availability''; and
(B) by striking ``subsections (a) and (b)'' and inserting
``subsection (a)''; and
(5) by adding at the end the following new subsection:
``(c) Administrative Costs.--Not more than 10 percent of
the funds allotted under section 147 to an entity selected to
operate a Job Corps center may be used by the entity for
administrative costs under this subtitle.''.
SEC. 125. COMMUNITY PARTICIPATION.
Section 153 (29 U.S.C. 2893) is amended to read as follows:
``SEC. 153. COMMUNITY PARTICIPATION.
``The director of each Job Corps center shall encourage and
cooperate in activities to establish a mutually beneficial
relationship between Job Corps centers in the State and
nearby communities. Such activities may include the use of
any local workforce development boards established under
section 117 to provide a mechanism for joint discussion of
common problems and for planning programs of mutual
interest.''.
[[Page H1458]]
SEC. 126. WORKFORCE COUNCILS.
Section 154 (29 U.S.C. 2894) is amended to read as follows:
``SEC. 154. WORKFORCE COUNCILS.
``(a) In General.--Each Job Corps center shall have a
workforce council appointed by the Governor of the State in
which the Job Corps center is located.
``(b) Workforce Council Composition.--
``(1) In general.--A workforce council shall be comprised
of--
``(A) business members of the State board described in
section 111(b)(1)(B)(i);
``(B) business members of the local boards described in
section 117(b)(2)(A) located in the State;
``(C) a representative of the State board described in
section 111(f); and
``(D) such other representatives and State agency officials
as the Governor may designate.
``(2) Majority.--A \2/3\ majority of the members of the
workforce council shall be representatives described in
paragraph (1)(A).
``(c) Responsibilities.--The responsibilities of the
workforce council shall be--
``(1) to review all the relevant labor market information,
including related information in the State plan described in
section 112, to--
``(A) determine the in-demand industries in the State in
which enrollees intend to seek employment after graduation;
``(B) determine the skills and education that are necessary
to obtain the employment opportunities described in
subparagraph (A); and
``(C) determine the type or types of career and technical
education and training that will be implemented at the center
to enable the enrollees to obtain the employment
opportunities; and
``(2) to meet at least once a year to reevaluate the labor
market information, and other relevant information, to
determine any necessary changes in the career and technical
education and training provided at the center.''.
SEC. 127. TECHNICAL ASSISTANCE.
Section 156 (29 U.S.C. 2896) is amended to read as follows:
``SEC. 156. TECHNICAL ASSISTANCE TO CENTERS.
``(a) In General.--From the funds reserved under section
132(a)(3), the Secretary shall provide, directly or through
grants, contracts, or other agreements or arrangements as the
Secretary considers appropriate, technical assistance and
training for the Job Corps program for the purposes of
improving program quality.
``(b) Activities.--In providing training and technical
assistance and for allocating resources for such assistance,
the Secretary shall--
``(1) assist entities, including those entities not
currently operating a Job Corps center, in developing the
application described in section 147(d);
``(2) assist Job Corps centers and programs in correcting
deficiencies and violations under this subtitle;
``(3) assist Job Corps centers and programs in meeting or
exceeding the indicators of performance described in
paragraph (1) and (2) of section 159(c); and
``(4) assist Job Corps centers and programs in the
development of sound management practices, including
financial management procedures.''.
SEC. 128. SPECIAL PROVISIONS.
Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by
striking ``title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)''
and inserting ``chapter of 5 title 40, United States Code,''.
SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT.
Section 159 (29 U.S.C. 2899) is amended--
(1) in the section heading, by striking ``MANAGEMENT
INFORMATION'' and inserting ``PERFORMANCE ACCOUNTABILITY AND
MANAGEMENT'';
(2) in subsection (a)(3), by inserting before the period at
the end the following: ``, or operating costs for such
centers result in a budgetary shortfall'';
(3) by striking subsections (c) through (g); and
(4) by inserting after subsection (b) the following:
``(c) Indicators of Performance.--
``(1) Primary indicators.--The annual primary indicators of
performance for Job Corps centers shall include--
``(A) the percentage and number of enrollees who graduate
from the Job Corps center;
``(B) the percentage and number of graduates who entered
unsubsidized employment related to the career and technical
education and training received through the Job Corps center,
except that such calculation shall not include enrollment in
education, the military or volunteer service;
``(C) the percentage and number of graduates who obtained a
recognized postsecondary credential, including an industry-
recognized credential or a registered apprenticeship; and
``(D) the cost per successful performance outcome, which is
calculated by comparing the number of graduates who were
placed in unsubsidized employment or obtained a recognized
credential, including an industry-recognized credential, to
total program costs, including all operations, construction,
and administration costs at each Job Corp center.
``(2) Secondary indicators.--The annual secondary
indicators of performance for Job Corps centers shall
include--
``(A) the percentage and number of graduates who entered
unsubsidized employment not related to the career and
technical education and training received through the Job
Corps center;
``(B) the percentage and number of graduates who entered
into postsecondary education;
``(C) the percentage and number of graduates who entered
into the military;
``(D) the average wage of graduates who are in unsubsidized
employment--
``(i) on the first day of employment; and
``(ii) 6 months after the first day;
``(E) the number and percentage of graduates who entered
unsubsidized employment and were retained in the unsubsidized
employment--
``(i) 6 months after the first day of employment; and
``(ii) 12 months after the first day of employment;
``(F) the percentage and number of enrollees compared to
the percentage and number of enrollees the Secretary has
established targets in section 145(c)(1);
``(G) the cost per training slot, which is calculated by
comparing the program's maximum number of students that can
be enrolled in a Job Corps center at any given time during
the program year to the number of enrollees in the same
program year; and
``(H) the number and percentage of former enrollees,
including the number dismissed under the zero tolerance
policy described in section 152(b).
``(3) Indicators of performance for recruiters.--The annual
indicators of performance for recruiters shall include the
measurements described in subparagraph (A) of paragraph (1)
and subparagraphs (F), (G), and (H) of paragraph (2).
``(4) Indicators of performance of career transition
service providers.--The annual indicators of performance of
career transition service providers shall include the
measurements described in subparagraphs (B) and (C) of
paragraph (1) and subparagraphs, (B), (C), (D), and (E) of
paragraph (2).
``(d) Additional Information.--The Secretary shall collect,
and submit in the report described in subsection (f),
information on the performance of each Job Corps center, and
the Job Corps program, regarding--
``(1) the number and percentage of former enrollees who
obtained a regular secondary school diploma;
``(2) the number and percentage of former enrollees who
entered unsubsidized employment;
``(3) the number and percentage of former enrollees who
obtained a recognized postsecondary credential, including an
industry-recognized credential;
``(4) the number and percentage of former enrollees who
entered into military service; and
``(5) any additional information required by the Secretary.
``(e) Methods.--The Secretary shall collect the information
described in subsections (c) and (d), using methods described
in section 136(i)(2) and consistent with State law, by
entering into agreements with the States to access such data
for Job Corps enrollees, former enrollees, and graduates.
``(f) Transparency and Accountability.--
``(1) Report.--The Secretary shall collect and annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education. Labor and Pensions of the Senate, as well as make
available to the public by electronic means, a report
containing--
``(A) information on the performance of each Job Corps
center, and the Job Corps program, on the performance
indicators described in paragraphs (1) and (2) of subsection
(c);
``(B) a comparison of each Job Corps center, by rank, on
the performance indicators described in paragraphs (1) and
(2) of subsection (c);
``(C) a comparison of each Job Corps center, by rank, on
the average performance of all primary indicators described
in paragraph (1) of subsection (c);
``(D) information on the performance of the service
providers described in paragraphs (3) and (4) of subsection
(c) on the performance indicators established under such
paragraphs; and
``(E) a comparison of each service provider, by rank, on
the performance of all service providers described in
paragraphs (3) and (4) of subsection (c) on the performance
indicators established under such paragraphs.
``(2) Assessment.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center which
shall include information on the Job Corps centers that--
``(A) are ranked in the bottom 10 percent on the
performance indicator described in paragraph (1)(C); or
``(B) have failed a safety and health code review described
in subsection (g).
``(3) Performance improvement.--With respect to a Job Corps
center that is identified under paragraph (2) or reports less
than 50 percent on the performance indicators described in
subparagraphs (A), (B), or (C) of subsection (c)(1), the
Secretary shall develop and implement a 1 year performance
improvement plan. Such a plan shall require action
including--
``(A) providing technical assistance to the center;
``(B) changing the management staff of the center;
``(C) replacing the operator of the center;
``(D) reducing the capacity of the center; or
``(E) closing the center.
``(4) Closure of job corps centers.--Job Corps centers that
have been identified under paragraph (2) for more than 4
consecutive years shall be closed. The Secretary shall
ensure--
``(A) that the proposed decision to close the center is
announced in advance to the general public through
publication in the Federal Register and other appropriate
means; and
``(B) the establishment of a reasonable comment period, not
to exceed 30 days, for interested individuals to submit
written comments to the Secretary.
``(g) Participant Health and Safety.--The Secretary shall
enter into an agreement with the General Services
Administration or the appropriate State agency responsible
for inspecting public buildings and safeguarding the health
of disadvantaged students, to conduct an in-person review of
the physical condition and health-related activities of each
Job Corps center annually. Such review shall include a
passing rate of
[[Page H1459]]
occupancy under Federal and State ordinances.''.
Subtitle D--National Programs
SEC. 130. TECHNICAL ASSISTANCE.
Section 170 (29 U.S.C. 2915) is amended--
(1) by striking subsection (b);
(2) by striking:
``(a) General Technical Assistance.--'';
(3) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c) respectively, and moving such
subsections 2 ems to the left;
(4) in subsection (a) (as so redesignated)--
(A) by inserting ``the training of staff providing rapid
response services, the training of other staff of recipients
of funds under this title, assistance regarding accounting
and program operation practices (when such assistance would
not be duplicative to assistance provided by the State),
technical assistance to States that do not meet State
performance measures described in section 136,'' after
``localities,''; and
(B) by striking ``from carrying out activities'' and all
that follows up to the period and inserting ``to implement
the amendments made by the SKILLS Act'';
(5) in subsection (b) (as so redesignated)--
(A) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(B) by striking ``, or recipient of financial assistance
under any of sections 166 through 169,''; and
(C) by striking ``or grant recipient'';
(6) in subsection (c) (as so redesignated), by striking
``paragraph (1)'' and inserting ``subsection (a)''; and
(7) by inserting, after subsection (c) (as so
redesignated), the following:
``(d) Best Practices Coordination.--The Secretary shall--
``(1) establish a system through which States may share
information regarding best practices with regard to the
operation of workforce investment activities under this Act;
and
``(2) evaluate and disseminate information regarding best
practices and identify knowledge gaps.''.
SEC. 131. EVALUATIONS.
Section 172 (29 U.S.C. 2917) is amended--
(1) in subsection (a), by striking ``the Secretary shall
provide for the continuing evaluation of the programs and
activities, including those programs and activities carried
out under section 171'' and inserting ``the Secretary,
through grants, contracts, or cooperative agreements, shall
conduct, at least once every 5 years, an independent
evaluation of the programs and activities funded under this
Act'';
(2) in subsection (a)(4) is amended to read as follows:
``(4) the impact of receiving services and not receiving
services under such programs and activities on the community,
businesses, and individuals;'';
(3) in subsection (c) is amended to read as follows:
``(c) Techniques.--Evaluations conducted under this section
shall utilize appropriate and rigorous methodology and
research designs, including the use of control groups chosen
by scientific random assignment methodologies, quasi-
experimental methods, impact analysis and the use of
administrative data. The Secretary shall conduct an impact
analysis, as described in subsection (a)(4), of the formula
grant program under subtitle B not later than 2015, and
thereafter shall conduct such an analysis not less than once
every four years.'';
(4) in subsection (e) is amended by striking ``the
Committee on Labor and Human Resources of the Senate'' and
inserting ``the Committee on Health, Education, Labor, and
Pensions of the Senate''; and
(5) by adding at the end, the following:
``(g) Public Availability.--The results of the evaluations
conducted under this section shall be made publicly
available, including by posting such results on the
Department's website.''.
Subtitle E--Administration
SEC. 132. REQUIREMENTS AND RESTRICTIONS.
Section 181 (29 U.S.C. 2931) is amended--
(1) in subsection (b)(6), by striking ``, including
representatives of businesses and of labor organizations'';
(2) in subsection (c)(2)(A), in the matter preceding clause
(i), by striking ``shall'' and inserting ``may'';
(3) in subsection (e)--
(A) by striking ``training for'' and inserting ``the entry
into employment, retention in employment, or increases in
earnings of''; and
(B) by striking ``subtitle B'' and inserting ``this Act'';
(4) in subsection (f)(4), by striking ``134(a)(3)(B)'' and
inserting ``134(a)(6)''; and
(5) by adding at the end the following:
``(g) Salary and Bonus Limitation.--No funds provided under
this title shall be used by a recipient or subrecipient of
such funds to pay the salary and bonuses of an individual,
either as direct costs or indirect costs, at a rate in excess
of Level II of the Federal Executive Pay Schedule (5 U.S.C.
5313). This limitation shall not apply to vendors providing
goods and services as defined in OMB Circular A-133. Where
States are recipients of such funds, States may establish a
lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in
the State, the compensation levels for comparable State or
local government employees, and the size of the organizations
that administer the programs.
``(h) General Authority.--
``(1) In general.--The Employment and Training
Administration of the U.S. Department of Labor (hereinafter
in this Act referred to as the `Administration') shall
administer all programs authorized under title I and III of
this Act. The Administration shall be headed by an Assistant
Secretary appointed by the President by and with the advice
and consent of the Senate. Except for titles II and IV, the
Administration shall be the principal agency, and the
Assistant Secretary shall be the principal officer, of such
Department for carrying out this Act.
``(2) Qualifications.--The Assistant Secretary shall be an
individual with substantial experience in workforce
development and in workforce development management. The
Assistant Secretary shall also, to the maximum extent
possible, possess knowledge and have worked in or with the
State or local workforce investment system or have been a
member of the business community. In the performance of the
functions of the office, the Assistant Secretary shall be
directly responsible to the Secretary or the Under Secretary
as designed by the Secretary. The functions of the Assistant
Secretary shall not be delegated to any officer not directly
responsible, both with respect to program operation and
administration, to the Assistant Secretary. Any reference in
this Act to duties to be carried out by the Assistant
Secretary shall be considered to be a reference to duties to
be carried out by the Secretary acting through the Assistant
Secretary.''.
SEC. 133. PROMPT ALLOCATION OF FUNDS.
Section 182 (29 U.S.C. 2932) is amended--
(1) in subsection (c), by striking ``127 or''; and
(2) in subsection (e)--
(A) by striking ``sections 128 and 133'' and inserting
``section 133''; and
(B) by striking ``127 or''.
SEC. 134. FISCAL CONTROLS; SANCTIONS.
Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended--
(1) by striking ``(A)'' and all that follows through
``Each'' and inserting ``Each''; and
(2) by striking subparagraph (B).
SEC. 135. REPORTS TO CONGRESS.
Section 185 (29 U.S.C. 2935) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) shall have the option to submit or disseminate
electronically any reports, records, plans, or any other data
that are required to be collected or disseminated under this
title.''; and
(2) in subsection (e)(2), by inserting ``and the Secretary
shall submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate,'' after
``Secretary,''.
SEC. 136. ADMINISTRATIVE PROVISIONS.
Section 189 (29 U.S.C. 2939) is amended--
(1) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Appropriations for any fiscal year for
programs and activities carried out under this title shall be
available for obligation only on the basis of a program year.
The program year shall begin on October 1 in the fiscal year
for which the appropriation is made.''; and
(B) in paragraph (2)--
(i) by striking ``each State'' and inserting ``each
recipient''; and
(ii) by striking ``171 or'';
(2) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by redesignating paragraph (4) as paragraph (2);
(C) by amending paragraph (2)(A), as so redesignated--
(i) by striking ``requirements of subparagraph (B)'' and
all that follows through ``any of the statutory or regulatory
requirements of subtitle B'' and inserting ``requirements of
subparagraph (B) or (D), any of the statutory or regulatory
requirements of subtitle B'';
(ii) by striking clause (ii); and
(iii) in clause (i), by striking ``; and'' and inserting a
period at the end; and
(D) by adding at the end the following:
``(D) Expedited process for extending approved waivers to
additional states.--In lieu of the requirements of
subparagraphs (B) and (C), the Secretary may establish an
expedited procedure for the purpose of extending to
additional States the waiver of statutory or regulatory
requirements that have been approved for a State pursuant to
a request under subparagraph (B). Such procedure shall ensure
that the extension of such waivers to additional States are
accompanied by appropriate conditions relating the
implementation of such waivers.
``(E) External conditions.--The Secretary shall not require
or impose new or additional requirements, which are not
specified under this Act, on a State in exchange for
providing a waiver to the State or a local area in the State
under this paragraph.''.
SEC. 137. STATE LEGISLATIVE AUTHORITY.
Section 191(a) (29 U.S.C. 2941(a)) is amended--
(1) by striking ``consistent with the provisions of this
title'' and inserting ``consistent with State law and the
provisions of this title''; and
(2) by striking ``consistent with the terms and conditions
required under this title'' and inserting ``consistent with
State law and the terms and conditions required under this
title''.
SEC. 138. GENERAL PROGRAM REQUIREMENTS.
Section 195 (29 U.S.C. 2945) is amended--
(1) in paragraph (7), by inserting at the end the
following:
``(D) Funds received by a public or private nonprofit
entity that are not described in paragraph (B), such as funds
privately raised from philanthropic foundations, businesses,
or other private entities, shall not be considered to be
income under this title and shall not be subject to the
requirements of this section.''; and
(2) by adding at the end the following new paragraphs:
``(14) Funds provided under this title shall not be used to
establish or operate stand-alone fee-
[[Page H1460]]
for-service enterprises that compete with private sector
employment agencies within the meaning of section 701(c) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except
that for purposes of this paragraph, such an enterprise does
not include one-stop centers.
``(15) Any report required to be submitted to Congress, or
to a Committee of Congress, under this title shall be
submitted to both the chairmen and ranking minority members
of the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.''.
SEC. 139. FEDERAL AGENCY STAFF.
Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended
by adding at the end the following new sections:
``SEC. 196. FEDERAL AGENCY STAFF.
``The Director of the Office of Management and Budget
shall--
``(1) not later than 60 days after the date of the
enactment of the SKILLS Act--
``(A) identify the number of Federal government employees
who work on or administer each of the programs authorized
under this Act or repealed under section 401 of the SKILLS
Act, as such programs were in effect on the day before such
date of enactment; and
``(B) identify the number of full-time equivalent employees
who work on or administer each of the programs authorized
under this Act or repealed under section 401 of the SKILLS
Act, as such programs were in effect on the day before such
date of enactment, and that have been eliminated or
consolidated on or after such date of enactment;
``(2) not later than 90 after such date of enactment,
publish the information described in paragraph (1) on the
Office of Management and Budget website;
``(3) not later than 1 year after such date of enactment--
``(A) reduce the workforce of the Federal Government by the
number of full-time equivalent employees identified under
paragraph (1)(B); and
``(B) submit to Congress a report on how the Director
carried out the requirements of subparagraph (A).
``SEC. 197. RESTRICTIONS ON LOBBYING AND POLITICAL
ACTIVITIES.
``(a) Lobbying Restrictions.--
``(1) Publicity restrictions.--
``(A) In general.--Subject to subparagraph (B), no funds
provided under this Act shall be used or proposed for use,
for--
``(i) publicity or propaganda purposes; or
``(ii) the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication,
radio, television, or video presentation designed to support
or defeat the enactment of legislation before the Congress or
any State or local legislature or legislative body.
``(B) Exception.--Subparagraph (A) shall not apply to--
``(i) normal and recognized executive-legislative
relationships;
``(ii) the preparation, distribution, or use of the
materials described in subparagraph (A)(ii) in presentation
to the Congress or any State or local legislature (except
that this subparagraph does not apply with respect to such
preparation, distribution, or use in presentation to the
executive branch of any State or local government); or
``(iii) if such materials are designed to support or defeat
any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local
government.
``(2) Salary payment restriction.--No funds provided under
this Act shall be used, or proposed for use, to pay the
salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity
designed to influence the enactment of legislation,
appropriations, regulations, administrative action, or
executive order proposed or pending before the Congress or
any State government, or State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local, or
tribal government in policymaking and administrative
processes within the executive branch of that government.
``(b) Political Restrictions.--
``(1) In general.--No funds received by a participant of a
program or an activity under this Act shall be used for--
``(A) any partisan or nonpartisan political activity or any
other political activity associated with a candidate, or
contending faction or group, in an election for public or
party office; or
``(B) any activity to provide voters with transportation to
the polls or similar assistance in connection with any such
election.
``(2) Definition.--For the purposes of this subsection, the
term `participant' includes any State, local area, or
governmental, nonprofit, or for-profit entity receiving funds
under this Act.
``(3) Restriction on voter registration activities.--No
funds under this Act shall be used to conduct voter
registration activities.''.
Subtitle F--State Unified Plan
SEC. 140. STATE UNIFIED PLAN.
Section 501 (20 U.S.C. 9271) is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Authority.--The Secretary shall receive and
approve State unified plans developed and submitted under
this section.'';
(2) by amending subsection (b) to read as follows:
``(b) State Unified Plan.--
``(1) In general.--A State may develop and submit to the
Secretary a State unified plan for 2 or more of the
activities or programs set forth in paragraph (2). The State
unified plan shall cover one or more of the activities set
forth in subparagraphs (A) and (B) of paragraph (2) and may
cover one or more of the activities set forth in
subparagraphs (C) through (N) of paragraph (2). For purposes
of this paragraph, the activities and programs described in
subparagraphs (A) and (B) of paragraph (2) shall not be
considered to be 2 or more activities or programs for
purposes of the unified plan. Such activities or programs
shall be considered to be 1 activity or program.
``(2) Activities and programs.--The activities and programs
referred to in paragraph (1) are as follows:
``(A) Programs and activities authorized under title I.
``(B) Programs and activities authorized under title II.
``(C) Programs authorized under the Rehabilitation Act of
1973.
``(D) Secondary career education programs authorized under
the Carl D. Perkins Career and Applied Technology Education
Act.
``(E) Postsecondary career education programs authorized
under the Carl D. Perkins Career and Applied Technology
Education Act.
``(F) Programs and activities authorized under title II of
the Trade Act of 1974.
``(G) National Apprenticeship Act of 1937.
``(H) Programs authorized under the Community Services
Block Grant Act.
``(I) Programs authorized under the part A of title IV of
the Social Security Act.
``(J) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
``(K) Work programs authorized under section 6(o) of the
Food Stamp Act of 1977.
``(L) Programs and activities authorized title I of the
Housing and Community Development Act of 1974.
``(M) Programs and activities authorized under the Public
Workers and Economic Development Act of 1965.
``(N) Activities as defined under chapter 41 of title 38,
United States Code.'';
(3) by amending subsection (d) to read as follows:
``(d) Approval.--
``(1) Jurisdiction.--In approving a State unified plan
under this section, the Secretary shall--
``(A) submit the portion of the State unified plan covering
an activity or program described in subsection (b)(2) to the
head of the Federal agency who exercises administrative
authority over the activity or program for the approval of
such portion by such Federal agency head; or
``(B) coordinate approval of the portion of the State
unified plan covering an activity or program described in
subsection (b)(2) with the head of the Federal agency who
exercises administrative authority over the activity or
program.
``(2) Timeline.--A State unified plan shall be considered
to be approved by the Secretary at the end of the 90-day
period beginning on the day the Secretary receives the plan,
unless the Secretary makes a written determination, during
the 90-day period, that details how the plan is not
consistent with the requirements of the Federal statute
authorizing an activity or program described in subsection
(b)(2) and covered under the plan or how the plan is not
consistent with the requirements of subsection (c)(3).''; and
(4) by adding at the end the following:
``(e) Additional Employment and Training Funds.--
``(1) Purpose.--It is the purpose of this subsection to
reduce inefficiencies in the administration of federally-
funded State and local employment and training programs.
``(2) In general.--In developing a State unified plan for
the activities or programs described in subsection (b)(2) and
subject to paragraph (4) and the State plan approval process
under subsection (d), a State may propose to consolidate the
amount, in whole or part, provided for the activities or
programs dedicated to employment and training into the
Workforce Investment Fund under section 132(b) to improve the
administration of State and local employment and training
programs.
``(3) Requirements.--A State with a State unified plan
approved under subsection (d) for purposes of consolidation
under paragraph (2) and that is carrying out such
consolidation shall--
``(A) continue to meet the program requirements,
limitations, and prohibitions of any Federal statute
authorizing the activity or program consolidated into the
Workforce Investment Fund;
``(B) meet the intent and purpose of the activity or
program consolidated into the Workforce Investment Fund; and
``(C) continue to make reservations and allotments under
subsections (a) and (b) of section 133.
``(4) Exceptions.--A State may not consolidate funds under
paragraph (2) that are allocated to the State under--
``(A) the Carl D. Perkins Career and Technical Education
Act of 2006; or
``(B) the Rehabilitation Act of 1973.''.
TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
SEC. 201. AMENDMENT.
Title II (20 U.S.C. 2901 et seq.) is amended to read as
follows:
``TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Adult Education and
Family Literacy Education Act'.
``SEC. 202. PURPOSE.
``It is the purpose of this title to provide instructional
opportunities for adults seeking to improve their literacy
skills, including their basic reading, writing, speaking, and
math
[[Page H1461]]
skills, and support States and local communities in
providing, on a voluntary basis, adult education and family
literacy education programs, in order to--
``(1) increase the literacy of adults, including the basic
reading, writing, speaking, and math skills, to a level of
proficiency necessary for adults to obtain employment and
self-sufficiency and to successfully advance in the
workforce;
``(2) assist adults in the completion of a secondary school
education (or its equivalent) and the transition to a
postsecondary educational institution;
``(3) assist adults who are parents to enable them to
support the educational development of their children and
make informed choices regarding their children's education
including, through instruction in basic reading, writing,
speaking, and math skills; and
``(4) assist adults who are not proficient in English in
improving their reading, writing, speaking, listening,
comprehension, and math skills.
``SEC. 203. DEFINITIONS.
``In this title:
``(1) Adult education and family literacy education
programs.--The term `adult education and family literacy
education programs' means a sequence of academic instruction
and educational services below the postsecondary level that
increase an individual's ability to read, write, and speak
English and perform mathematical computations leading to a
level of proficiency equivalent to at least a secondary
school completion that is provided for individuals--
``(A) who are at least 16 years of age;
``(B) who are not enrolled or required to be enrolled in
secondary school under State law; and
``(C) who--
``(i) lack sufficient mastery of basic reading, writing,
speaking, and math skills to enable the individuals to
function effectively in society;
``(ii) do not have a secondary school diploma or its
equivalent and have not achieved an equivalent level of
education; or
``(iii) are English learners.
``(2) Eligible agency.--The term `eligible agency'--
``(A) means the primary entity or agency in a State or an
outlying area responsible for administering or supervising
policy for adult education and family literacy education
programs in the State or outlying area, respectively,
consistent with the law of the State or outlying area,
respectively; and
``(B) may be the State educational agency, the State agency
responsible for administering workforce investment
activities, or the State agency responsible for administering
community or technical colleges.
``(3) Eligible provider.--The term `eligible provider'
means an organization of demonstrated effectiveness which
is--
``(A) a local educational agency;
``(B) a community-based or faith-based organization;
``(C) a volunteer literacy organization;
``(D) an institution of higher education;
``(E) a public or private educational agency;
``(F) a library;
``(G) a public housing authority;
``(H) an institution that is not described in any of
subparagraphs (A) through (G) and has the ability to provide
adult education, basic skills, and family literacy education
programs to adults and families; or
``(I) a consortium of the agencies, organizations,
institutions, libraries, or authorities described in any of
subparagraphs (A) through (H).
``(4) English language acquisition program.--The term
`English language acquisition program' means a program of
instruction--
``(A) designed to help English learners achieve competence
in reading, writing, speaking, and comprehension of the
English language; and
``(B) that may lead to--
``(i) attainment of a secondary school diploma or its
recognized equivalent;
``(ii) transition to success in postsecondary education and
training; and
``(iii) employment or career advancement.
``(5) Family literacy education program.--The term `family
literacy education program' means an educational program
that--
``(A) assists parents and students, on a voluntary basis,
in achieving the purposes of this title as described in
section 202; and
``(B) is of sufficient intensity in terms of hours and of
sufficient quality to make sustainable changes in a family,
is evidence-based, and, for the purpose of substantially
increasing the ability of parents and children to read,
write, and speak English, integrates--
``(i) interactive literacy activities between parents and
their children;
``(ii) training for parents regarding how to be the primary
teacher for their children and full partners in the education
of their children;
``(iii) parent literacy training that leads to economic
self-sufficiency; and
``(iv) an age-appropriate education to prepare children for
success in school and life experiences.
``(6) Governor.--The term `Governor' means the chief
executive officer of a State or outlying area.
``(7) Individual with a disability.--
``(A) In general.--The term `individual with a disability'
means an individual with any disability (as defined in
section 3 of the Americans with Disabilities Act of 1990).
``(B) Individuals with disabilities.--The term `individuals
with disabilities' means more than one individual with a
disability.
``(8) English learner.--The term `English learner' means an
adult or out-of-school youth who has limited ability in
reading, writing, speaking, or understanding the English
language, and--
``(A) whose native language is a language other than
English; or
``(B) who lives in a family or community environment where
a language other than English is the dominant language.
``(9) Integrated education and training.--The term
`integrated education and training' means services that
provide adult education and literacy activities contextually
and concurrently with workforce preparation activities and
workforce training for a specific occupation or occupational
cluster. Such services may include offering adult education
services concurrent with postsecondary education and
training, including through co-instruction.
``(10) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965.
``(11) Literacy.--The term `literacy' means an individual's
ability to read, write, and speak in English, compute, and
solve problems at a level of proficiency necessary to obtain
employment and to successfully make the transition to
postsecondary education.
``(12) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
``(13) Outlying area.--The term `outlying area' has the
meaning given the term in section 101 of this Act.
``(14) Postsecondary educational institution.--The term
`postsecondary educational institution' means--
``(A) an institution of higher education that provides not
less than a 2-year program of instruction that is acceptable
for credit toward a bachelor's degree;
``(B) a tribally controlled community college; or
``(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
``(15) Secretary.--The term `Secretary' means the Secretary
of Education.
``(16) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``(17) State educational agency.--The term `State
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
``(18) Workplace literacy program.--The term `workplace
literacy program' means an educational program that is
offered in collaboration between eligible providers and
employers or employee organizations for the purpose of
improving the productivity of the workforce through the
improvement of reading, writing, speaking, and math skills.
``SEC. 204. HOME SCHOOLS.
``Nothing in this title shall be construed to affect home
schools, whether or not a home school is treated as a home
school or a private school under State law, or to compel a
parent engaged in home schooling to participate in adult
education and family literacy education activities under this
title.
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title, $606,294,933 for fiscal years 2014 and for each of the
6 succeeding fiscal years.
``Subtitle A--Federal Provisions
``SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE
AGENCIES; ALLOTMENTS.
``(a) Reservation of Funds.--From the sums appropriated
under section 205 for a fiscal year, the Secretary shall
reserve 2.0 percent to carry out section 242.
``(b) Grants to Eligible Agencies.--
``(1) In general.--From the sums appropriated under section
205 and not reserved under subsection (a) for a fiscal year,
the Secretary shall award a grant to each eligible agency
having a State plan approved under section 224 in an amount
equal to the sum of the initial allotment under subsection
(c)(1) and the additional allotment under subsection (c)(2)
for the eligible agency for the fiscal year, subject to
subsections (f) and (g).
``(2) Purpose of grants.--The Secretary may award a grant
under paragraph (1) only if the eligible agency involved
agrees to expend the grant in accordance with the provisions
of this title.
``(c) Allotments.--
``(1) Initial allotments.--From the sums appropriated under
section 205 and not reserved under subsection (a) for a
fiscal year, the Secretary shall allot to each eligible
agency having a State plan approved under section 224--
``(A) $100,000, in the case of an eligible agency serving
an outlying area; and
``(B) $250,000, in the case of any other eligible agency.
``(2) Additional allotments.--From the sums appropriated
under section 205, not reserved under subsection (a), and not
allotted under paragraph (1), for a fiscal year, the
Secretary shall allot to each eligible agency that receives
an initial allotment under paragraph (1) an additional amount
that bears the same relationship to such sums as the number
of qualifying adults in the State or outlying area served by
the eligible agency bears to the number of such adults in all
States and outlying areas.
``(d) Qualifying Adult.--For the purpose of subsection
(c)(2), the term `qualifying adult' means an adult who--
``(1) is at least 16 years of age;
``(2) is beyond the age of compulsory school attendance
under the law of the State or outlying area;
``(3) does not have a secondary school diploma or its
recognized equivalent; and
``(4) is not enrolled in secondary school.
``(e) Special Rule.--
``(1) In general.--From amounts made available under
subsection (c) for the Republic of
[[Page H1462]]
Palau, the Secretary shall award grants to Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, or
the Republic of Palau to carry out activities described in
this title in accordance with the provisions of this title as
determined by the Secretary.
``(2) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of Palau shall be
eligible to receive a grant under this title until an
agreement for the extension of United States education
assistance under the Compact of Free Association for the
Republic of Palau becomes effective.
``(f) Hold-Harmless Provisions.--
``(1) In general.--Notwithstanding subsection (c) and
subject to paragraph (2), for--
``(A) fiscal year 2014, no eligible agency shall receive an
allotment under this title that is less than 90 percent of
the allotment the eligible agency received for fiscal year
2012 under this title; and
``(B) fiscal year 2015 and each succeeding fiscal year, no
eligible agency shall receive an allotment under this title
that is less than 90 percent of the allotment the eligible
agency received for the preceding fiscal year under this
title.
``(2) Ratable reduction.--If, for any fiscal year the
amount available for allotment under this title is
insufficient to satisfy the provisions of paragraph (1), the
Secretary shall ratable reduce the payments to all eligible
agencies, as necessary.
``(g) Reallotment.--The portion of any eligible agency's
allotment under this title for a fiscal year that the
Secretary determines will not be required for the period such
allotment is available for carrying out activities under this
title, shall be available for reallotment from time to time,
on such dates during such period as the Secretary shall fix,
to other eligible agencies in proportion to the original
allotments to such agencies under this title for such year.
``SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
``Programs and activities authorized under this title are
subject to the performance accountability provisions
described in paragraph (2)(A) and (3) of section 136(b) and
may, at a State's discretion, include additional indicators
identified in the State plan approved under section 224.
``Subtitle B--State Provisions
``SEC. 221. STATE ADMINISTRATION.
``Each eligible agency shall be responsible for the
following activities under this title:
``(1) The development, submission, implementation, and
monitoring of the State plan.
``(2) Consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of activities assisted under
this title.
``(3) Coordination and avoidance of duplication with other
Federal and State education, training, corrections, public
housing, and social service programs.
``SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING
REQUIREMENT.
``(a) State Distribution of Funds.--Each eligible agency
receiving a grant under this title for a fiscal year--
``(1) shall use an amount not less than 82.5 percent of the
grant funds to award grants and contracts under section 231
and to carry out section 225, of which not more than 10
percent of such amount shall be available to carry out
section 225;
``(2) shall use not more than 12.5 percent of the grant
funds to carry out State leadership activities under section
223; and
``(3) shall use not more than 5 percent of the grant funds,
or $65,000, whichever is greater, for the administrative
expenses of the eligible agency.
``(b) Matching Requirement.--
``(1) In general.--In order to receive a grant from the
Secretary under section 211(b), each eligible agency shall
provide, for the costs to be incurred by the eligible agency
in carrying out the adult education and family literacy
education programs for which the grant is awarded, a non-
Federal contribution in an amount that is not less than--
``(A) in the case of an eligible agency serving an outlying
area, 12 percent of the total amount of funds expended for
adult education and family literacy education programs in the
outlying area, except that the Secretary may decrease the
amount of funds required under this subparagraph for an
eligible agency; and
``(B) in the case of an eligible agency serving a State, 25
percent of the total amount of funds expended for adult
education and family literacy education programs in the
State.
``(2) Non-federal contribution.--An eligible agency's non-
Federal contribution required under paragraph (1) may be
provided in cash or in kind, fairly evaluated, and shall
include only non-Federal funds that are used for adult
education and family literacy education programs in a manner
that is consistent with the purpose of this title.
``SEC. 223. STATE LEADERSHIP ACTIVITIES.
``(a) In General.--Each eligible agency may use funds made
available under section 222(a)(2) for any of the following
adult education and family literacy education programs:
``(1) The establishment or operation of professional
development programs to improve the quality of instruction
provided pursuant to local activities required under section
231(b).
``(2) The provision of technical assistance to eligible
providers of adult education and family literacy education
programs, including for the development and dissemination of
evidence based research instructional practices in reading,
writing, speaking, math, and English language acquisition
programs.
``(3) The provision of assistance to eligible providers in
developing, implementing, and reporting measurable progress
in achieving the objectives of this title.
``(4) The monitoring and evaluation of the quality of, and
the improvement in, adult education and literacy activities.
``(5) The provision of technology assistance, including
staff training, to eligible providers of adult education and
family literacy education programs, including distance
education activities, to enable the eligible providers to
improve the quality of such activities.
``(6) The development and implementation of technology
applications or distance education, including professional
development to support the use of instructional technology.
``(7) Coordination with other public programs, including
programs under title I of this Act, and other welfare-to-
work, workforce development, and job training programs.
``(8) Coordination with existing support services, such as
transportation, child care, and other assistance designed to
increase rates of enrollment in, and successful completion
of, adult education and family literacy education programs,
for adults enrolled in such activities.
``(9) The development and implementation of a system to
assist in the transition from adult basic education to
postsecondary education.
``(10) Activities to promote workplace literacy programs.
``(11) Other activities of statewide significance,
including assisting eligible providers in achieving progress
in improving the skill levels of adults who participate in
programs under this title.
``(12) Integration of literacy, instructional, and
occupational skill training and promotion of linkages with
employees.
``(b) Coordination.--In carrying out this section, eligible
agencies shall coordinate where possible, and avoid
duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
``(c) State-Imposed Requirements.--Whenever a State or
outlying area implements any rule or policy relating to the
administration or operation of a program authorized under
this title that has the effect of imposing a requirement that
is not imposed under Federal law (including any rule or
policy based on a State or outlying area interpretation of a
Federal statute, regulation, or guideline), the State or
outlying area shall identify, to eligible providers, the rule
or policy as being imposed by the State or outlying area.
``SEC. 224. STATE PLAN.
``(a) 3-Year Plans.--
``(1) In general.--Each eligible agency desiring a grant
under this title for any fiscal year shall submit to, or have
on file with, the Secretary a 3-year State plan.
``(2) State unified plan.--The eligible agency may submit
the State plan as part of a State unified plan described in
section 501.
``(b) Plan Contents.--The eligible agency shall include in
the State plan or any revisions to the State plan--
``(1) an objective assessment of the needs of individuals
in the State or outlying area for adult education and family
literacy education programs, including individuals most in
need or hardest to serve;
``(2) a description of the adult education and family
literacy education programs that will be carried out with
funds received under this title;
``(3) an assurance that the funds received under this title
will not be expended for any purpose other than for
activities under this title;
``(4) a description of how the eligible agency will
annually evaluate and measure the effectiveness and
improvement of the adult education and family literacy
education programs funded under this title using the
indicators of performance described in section 136, including
how the eligible agency will conduct such annual evaluations
and measures for each grant received under this title;
``(5) a description of how the eligible agency will fund
local activities in accordance with the measurable goals
described in section 231(d);
``(6) an assurance that the eligible agency will expend the
funds under this title only in a manner consistent with
fiscal requirements in section 241;
``(7) a description of the process that will be used for
public participation and comment with respect to the State
plan, which--
``(A) shall include consultation with the State workforce
investment board, the State board responsible for
administering community or technical colleges, the Governor,
the State educational agency, the State board or agency
responsible for administering block grants for temporary
assistance to needy families under title IV of the Social
Security Act, the State council on disabilities, the State
vocational rehabilitation agency, and other State agencies
that promote the improvement of adult education and family
literacy education programs, and direct providers of such
programs; and
``(B) may include consultation with the State agency on
higher education, institutions responsible for professional
development of adult education and family literacy education
programs instructors, representatives of business and
industry, refugee assistance programs, and faith-based
organizations;
``(8) a description of the eligible agency's strategies for
serving populations that include, at a minimum--
``(A) low-income individuals;
``(B) individuals with disabilities;
``(C) the unemployed;
``(D) the underemployed; and
``(E) individuals with multiple barriers to educational
enhancement, including English learners;
``(9) a description of how the adult education and family
literacy education programs that will be carried out with any
funds received under this title will be integrated with other
adult education, career development, and employment and
training activities in the State or outlying area served by
the eligible agency;
[[Page H1463]]
``(10) a description of the steps the eligible agency will
take to ensure direct and equitable access, as required in
section 231(c)(1), including--
``(A) how the State will build the capacity of community-
based and faith-based organizations to provide adult
education and family literacy education programs; and
``(B) how the State will increase the participation of
business and industry in adult education and family literacy
education programs;
``(11) an assessment of the adequacy of the system of the
State or outlying area to ensure teacher quality and a
description of how the State or outlying area will use funds
received under this subtitle to improve teacher quality,
including evidence-based professional development to improve
instruction; and
``(12) a description of how the eligible agency will
consult with any State agency responsible for postsecondary
education to develop adult education that prepares students
to enter postsecondary education without the need for
remediation upon completion of secondary school equivalency
programs.
``(c) Plan Revisions.--When changes in conditions or other
factors require substantial revisions to an approved State
plan, the eligible agency shall submit the revisions of the
State plan to the Secretary.
``(d) Consultation.--The eligible agency shall--
``(1) submit the State plan, and any revisions to the State
plan, to the Governor, the chief State school officer, or the
State officer responsible for administering community or
technical colleges, or outlying area for review and comment;
and
``(2) ensure that any comments regarding the State plan by
the Governor, the chief State school officer, or the State
officer responsible for administering community or technical
colleges, and any revision to the State plan, are submitted
to the Secretary.
``(e) Plan Approval.--The Secretary shall--
``(1) approve a State plan within 90 days after receiving
the plan unless the Secretary makes a written determination
within 30 days after receiving the plan that the plan does
not meet the requirements of this section or is inconsistent
with specific provisions of this subtitle; and
``(2) not finally disapprove of a State plan before
offering the eligible agency the opportunity, prior to the
expiration of the 30-day period beginning on the date on
which the eligible agency received the written determination
described in paragraph (3), to review the plan and providing
technical assistance in order to assist the eligible agency
in meeting the requirements of this subtitle.
``SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
``(a) Program Authorized.--From funds made available under
section 222(a)(1) for a fiscal year, each eligible agency
shall carry out corrections education and education for other
institutionalized individuals.
``(b) Uses of Funds.--The funds described in subsection (a)
shall be used for the cost of educational programs for
criminal offenders in correctional institutions and for other
institutionalized individuals, including academic programs
for--
``(1) basic skills education;
``(2) special education programs as determined by the
eligible agency;
``(3) reading, writing, speaking, and math programs;
``(4) secondary school credit or diploma programs or their
recognized equivalent; and
``(5) integrated education and training.
``(c) Priority.--Each eligible agency that is using
assistance provided under this section to carry out a program
for criminal offenders within a correctional institution
shall give priority to serving individuals who are likely to
leave the correctional institution within 5 years of
participation in the program.
``(d) Definitions.--For purposes of this section:
``(1) Correctional institution.--The term `correctional
institution' means any--
``(A) prison;
``(B) jail;
``(C) reformatory;
``(D) work farm;
``(E) detention center; or
``(F) halfway house, community-based rehabilitation center,
or any other similar institution designed for the confinement
or rehabilitation of criminal offenders.
``(2) Criminal offender.--The term `criminal offender'
means any individual who is charged with, or convicted of,
any criminal offense.
``Subtitle C--Local Provisions
``SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
``(a) Grants and Contracts.--From grant funds made
available under section 222(a)(1), each eligible agency shall
award multi-year grants or contracts, on a competitive basis,
to eligible providers within the State or outlying area that
meet the conditions and requirements of this title to enable
the eligible providers to develop, implement, and improve
adult education and family literacy education programs within
the State.
``(b) Local Activities.--The eligible agency shall require
eligible providers receiving a grant or contract under
subsection (a) to establish or operate--
``(1) programs that provide adult education and literacy
activities;
``(2) programs that provide integrated employment and
training activities; or
``(3) credit-bearing postsecondary coursework.
``(c) Direct and Equitable Access; Same Process.--Each
eligible agency receiving funds under this title shall ensure
that--
``(1) all eligible providers have direct and equitable
access to apply for grants or contracts under this section;
and
``(2) the same grant or contract announcement process and
application process is used for all eligible providers in the
State or outlying area.
``(d) Measurable Goals.--The eligible agency shall require
eligible providers receiving a grant or contract under
subsection (a) to demonstrate--
``(1) the eligible provider's measurable goals for
participant outcomes to be achieved annually on the core
indicators of performance described in section 136(b)(2)(A);
``(2) the past effectiveness of the eligible provider in
improving the basic academic skills of adults and, for
eligible providers receiving grants in the prior year, the
success of the eligible provider receiving funding under this
title in exceeding its performance goals in the prior year;
``(3) the commitment of the eligible provider to serve
individuals in the community who are the most in need of
basic academic skills instruction services, including
individuals with disabilities and individuals who are low-
income or have minimal reading, writing, speaking, and math
skills, or are English learners;
``(4) the program is of sufficient intensity and quality
for participants to achieve substantial learning gains;
``(5) educational practices are evidence-based;
``(6) the activities of the eligible provider effectively
employ advances in technology, and delivery systems including
distance education;
``(7) the activities provide instruction in real-life
contexts, including integrated education and training when
appropriate, to ensure that an individual has the skills
needed to compete in the workplace and exercise the rights
and responsibilities of citizenship;
``(8) the activities are staffed by well-trained
instructors, counselors, and administrators who meet minimum
qualifications established by the State;
``(9) the activities are coordinated with other available
resources in the community, such as through strong links with
elementary schools and secondary schools, postsecondary
educational institutions, local workforce investment boards,
one-stop centers, job training programs, community-based and
faith-based organizations, and social service agencies;
``(10) the activities offer flexible schedules and support
services (such as child care and transportation) that are
necessary to enable individuals, including individuals with
disabilities or other special needs, to attend and complete
programs;
``(11) the activities include a high-quality information
management system that has the capacity to report measurable
participant outcomes (consistent with section 136) and to
monitor program performance;
``(12) the local communities have a demonstrated need for
additional English language acquisition programs, and
integrated education and training programs;
``(13) the capacity of the eligible provider to produce
valid information on performance results, including
enrollments and measurable participant outcomes;
``(14) adult education and family literacy education
programs offer rigorous reading, writing, speaking, and math
content that are evidence based; and
``(15) applications of technology, and services to be
provided by the eligible providers, are of sufficient
intensity and duration to increase the amount and quality of
learning and lead to measurable learning gains within
specified time periods.
``(e) Special Rule.--Eligible providers may use grant funds
under this title to serve children participating in family
literacy programs assisted under this part, provided that
other sources of funds available to provide similar services
for such children are used first.
``SEC. 232. LOCAL APPLICATION.
``Each eligible provider desiring a grant or contract under
this title shall submit an application to the eligible agency
containing such information and assurances as the eligible
agency may require, including--
``(1) a description of how funds awarded under this title
will be spent consistent with the requirements of this title;
``(2) a description of any cooperative arrangements the
eligible provider has with other agencies, institutions, or
organizations for the delivery of adult education and family
literacy education programs; and
``(3) each of the demonstrations required by section
231(d).
``SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
``(a) In General.--Subject to subsection (b), of the amount
that is made available under this title to an eligible
provider--
``(1) at least 95 percent shall be expended for carrying
out adult education and family literacy education programs;
and
``(2) the remaining amount shall be used for planning,
administration, personnel and professional development,
development of measurable goals in reading, writing,
speaking, and math, and interagency coordination.
``(b) Special Rule.--In cases where the cost limits
described in subsection (a) are too restrictive to allow for
adequate planning, administration, personnel development, and
interagency coordination, the eligible provider may negotiate
with the eligible agency in order to determine an adequate
level of funds to be used for noninstructional purposes.
``Subtitle D--General Provisions
``SEC. 241. ADMINISTRATIVE PROVISIONS.
``Funds made available for adult education and family
literacy education programs under this title shall supplement
and not supplant other State or local public funds expended
for adult education and family literacy education programs.
[[Page H1464]]
``SEC. 242. NATIONAL ACTIVITIES.
``The Secretary shall establish and carry out a program of
national activities that may include the following:
``(1) Providing technical assistance to eligible entities,
on request, to--
``(A) improve their fiscal management, research-based
instruction, and reporting requirements to carry out the
requirements of this title;
``(B) improve its performance on the core indicators of
performance described in section 136;
``(C) provide adult education professional development; and
``(D) use distance education and improve the application of
technology in the classroom, including instruction in English
language acquisition for English learners.
``(2) Providing for the conduct of research on national
literacy basic skill acquisition levels among adults,
including the number of adult English learners functioning at
different levels of reading proficiency.
``(3) Improving the coordination, efficiency, and
effectiveness of adult education and workforce development
services at the national, State, and local levels.
``(4) Determining how participation in adult education,
English language acquisition, and family literacy education
programs prepares individuals for entry into and success in
postsecondary education and employment, and in the case of
prison-based services, the effect on recidivism.
``(5) Evaluating how different types of providers,
including community and faith-based organizations or private
for-profit agencies measurably improve the skills of
participants in adult education, English language
acquisition, and family literacy education programs.
``(6) Identifying model integrated basic and workplace
skills education programs, including programs for English
learners coordinated literacy and employment services, and
effective strategies for serving adults with disabilities.
``(7) Initiating other activities designed to improve the
measurable quality and effectiveness of adult education,
English language acquisition, and family literacy education
programs nationwide.''.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended by
amending section 15 to read as follows:
``SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
``(a) System Content.--
``(1) In general.--The Secretary of Labor, in accordance
with the provisions of this section, shall oversee the
development, maintenance, and continuous improvement of a
nationwide workforce and labor market information system that
includes--
``(A) statistical data from cooperative statistical survey
and projection programs and data from administrative
reporting systems that, taken together, enumerate, estimate,
and project employment opportunities and conditions at
national, State, and local levels in a timely manner,
including statistics on--
``(i) employment and unemployment status of national,
State, and local populations, including self-employed, part-
time, and seasonal workers;
``(ii) industrial distribution of occupations, as well as
current and projected employment opportunities, wages,
benefits (where data is available), and skill trends by
occupation and industry, with particular attention paid to
State and local conditions;
``(iii) the incidence of, industrial and geographical
location of, and number of workers displaced by, permanent
layoffs and plant closings; and
``(iv) employment and earnings information maintained in a
longitudinal manner to be used for research and program
evaluation;
``(B) information on State and local employment
opportunities, and other appropriate statistical data related
to labor market dynamics, which--
``(i) shall be current and comprehensive;
``(ii) shall meet the needs identified through the
consultations described in subparagraphs (A) and (B) of
subsection (e)(2); and
``(iii) shall meet the needs for the information identified
in section 121;
``(C) technical standards (which the Secretary shall
publish annually) for data and information described in
subparagraphs (A) and (B) that, at a minimum, meet the
criteria of chapter 35 of title 44, United States Code;
``(D) procedures to ensure compatibility and additivity of
the data and information described in subparagraphs (A) and
(B) from national, State, and local levels;
``(E) procedures to support standardization and aggregation
of data from administrative reporting systems described in
subparagraph (A) of employment-related programs;
``(F) analysis of data and information described in
subparagraphs (A) and (B) for uses such as--
``(i) national, State, and local policymaking;
``(ii) implementation of Federal policies (including
allocation formulas);
``(iii) program planning and evaluation; and
``(iv) researching labor market dynamics;
``(G) wide dissemination of such data, information, and
analysis in a user-friendly manner and voluntary technical
standards for dissemination mechanisms; and
``(H) programs of--
``(i) training for effective data dissemination;
``(ii) research and demonstration; and
``(iii) programs and technical assistance.
``(2) Information to be confidential.--
``(A) In general.--No officer or employee of the Federal
Government or agent of the Federal Government may--
``(i) use any submission that is furnished for exclusively
statistical purposes under the provisions of this section for
any purpose other than the statistical purposes for which the
submission is furnished;
``(ii) disclose to the public any publication or media
transmittal of the data contained in the submission described
in clause (i) that permits information concerning an
individual subject to be reasonably inferred by either direct
or indirect means; or
``(iii) permit anyone other than a sworn officer, employee,
or agent of any Federal department or agency, or a contractor
(including an employee of a contractor) of such department or
agency, to examine an individual submission described in
clause (i),
without the consent of the individual, agency, or other
person who is the subject of the submission or provides that
submission.
``(B) Immunity from legal process.--Any submission
(including any data derived from the submission) that is
collected and retained by a Federal department or agency, or
an officer, employee, agent, or contractor of such a
department or agency, for exclusively statistical purposes
under this section shall be immune from the legal process and
shall not, without the consent of the individual, agency, or
other person who is the subject of the submission or provides
that submission, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
``(C) Rule of construction.--Nothing in this section shall
be construed to provide immunity from the legal process for
such submission (including any data derived from the
submission) if the submission is in the possession of any
person, agency, or entity other than the Federal Government
or an officer, employee, agent, or contractor of the Federal
Government, or if the submission is independently collected,
retained, or produced for purposes other than the purposes of
this Act.
``(b) System Responsibilities.--
``(1) In general.--The workforce and labor market
information system described in subsection (a) shall be
planned, administered, overseen, and evaluated through a
cooperative governance structure involving the Federal
Government and States.
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of workforce and
labor market information for the system, shall carry out the
following duties:
``(A) Assign responsibilities within the Department of
Labor for elements of the workforce and labor market
information system described in subsection (a) to ensure that
all statistical and administrative data collected is
consistent with appropriate Bureau of Labor Statistics
standards and definitions.
``(B) Actively seek the cooperation of other Federal
agencies to establish and maintain mechanisms for ensuring
complementarity and nonduplication in the development and
operation of statistical and administrative data collection
activities.
``(C) Eliminate gaps and duplication in statistical
undertakings, with the systemization of wage surveys as an
early priority.
``(D) In collaboration with the Bureau of Labor Statistics
and States, develop and maintain the elements of the
workforce and labor market information system described in
subsection (a), including the development of consistent
procedures and definitions for use by the States in
collecting the data and information described in
subparagraphs (A) and (B) of subsection (a)(1).
``(E) Establish procedures for the system to ensure that--
``(i) such data and information are timely;
``(ii) paperwork and reporting for the system are reduced
to a minimum; and
``(iii) States and localities are fully involved in the
development and continuous improvement of the system at all
levels.
``(c) National Electronic Tools To Provide Services.--The
Secretary is authorized to assist in the development of
national electronic tools that may be used to facilitate the
delivery of work ready services described in section
134(c)(2) and to provide workforce information to individuals
through the one-stop delivery systems described in section
121 and through other appropriate delivery systems.
``(d) Coordination With the States.--
``(1) In general.--The Secretary, working through the
Bureau of Labor Statistics and the Employment and Training
Administration, shall regularly consult with representatives
of State agencies carrying out workforce information
activities regarding strategies for improving the workforce
and labor market information system.
``(2) Formal consultations.--At least twice each year, the
Secretary, working through the Bureau of Labor Statistics,
shall conduct formal consultations regarding programs carried
out by the Bureau of Labor Statistics with representatives of
each of the Federal regions of the Bureau of Labor
Statistics, elected (pursuant to a process established by the
Secretary) from the State directors affiliated with State
agencies that perform the duties described in subsection
(e)(2).
``(e) State Responsibilities.--
``(1) In general.--In order to receive Federal financial
assistance under this section, the Governor of a State
shall--
``(A) be responsible for the management of the portions of
the workforce and labor market information system described
in subsection (a) that comprise a statewide workforce and
labor market information system and for the State's
participation in the development of the annual plan;
``(B) establish a process for the oversight of such system;
``(C) consult with State and local employers, participants,
and local workforce investment boards about the labor market
relevance of the data to be collected and disseminated
through
[[Page H1465]]
the statewide workforce and labor market information system;
``(D) consult with State educational agencies and local
educational agencies concerning the provision of employment
statistics in order to meet the needs of secondary school and
postsecondary school students who seek such information;
``(E) collect and disseminate for the system, on behalf of
the State and localities in the State, the information and
data described in subparagraphs (A) and (B) of subsection
(a)(1);
``(F) maintain and continuously improve the statewide
workforce and labor market information system in accordance
with this section;
``(G) perform contract and grant responsibilities for data
collection, analysis, and dissemination for such system;
``(H) conduct such other data collection, analysis, and
dissemination activities as will ensure an effective
statewide workforce and labor market information system;
``(I) actively seek the participation of other State and
local agencies in data collection, analysis, and
dissemination activities in order to ensure complementarity,
compatibility, and usefulness of data;
``(J) participate in the development of the annual plan
described in subsection (c); and
``(K) utilize the quarterly records described in section
136(f)(2) to assist the State and other States in measuring
State progress on State performance measures.
``(2) Rule of construction.--Nothing in this section shall
be construed as limiting the ability of a Governor to conduct
additional data collection, analysis, and dissemination
activities with State funds or with Federal funds from
sources other than this section.
``(f) Nonduplication Requirement.--None of the functions
and activities carried out pursuant to this section shall
duplicate the functions and activities carried out under the
Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$63,473,000 for fiscal year 2014 and each of the 6 succeeding
fiscal years.
``(h) Definition.--In this section, the term `local area'
means the smallest geographical area for which data can be
produced with statistical reliability.''.
TITLE IV--REPEALS AND CONFORMING AMENDMENTS
SEC. 401. REPEALS.
The following provisions are repealed:
(1) Chapter 4 of subtitle B of title I, and sections 123,
155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502,
503, and 506 of the Workforce Investment Act of 1998.
(2) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(3) Sections 1 through 14 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.).
(4) Twenty-First Century Workforce Commission Act (29
U.S.C. 2701 note).
(5) Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 et
seq.).
(6) Section 821 of the Higher Education Amendments of 1998
(20 U.S.C. 1151) (Grants to States for workplace and
community transition training for incarcerated individuals).
(7) The Women in Apprenticeship and Nontraditional
Occupations Act (29 U.S.C. 2501 et seq.).
(8) Sections 4103A and 4104 of title 38, United States
Code.
SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT OF
1980.
Section 104(k)(6) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604) is amended by striking ``, training,''.
SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008.
(a) Definition.--Section 3(t) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012(t)) is amended--
(1) by striking ``and (2)'' and inserting ``(2)'', and
(2) by inserting before the period at the end the
following:
``, and (3) when referencing employment and training
activities under section 6(d)(4), a State board as defined in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)''.
(b) Eligible Households.--Section 5 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (d)(14) by striking ``section
6(d)(4)(I)'' and inserting ``section 6(d)(4)(C)'', and
(2) in subsection (g)(3) by striking ``constitutes adequate
participation in an employment and training program under
section 6(d)'' and inserting ``allows the individual to
participate in employment and training activities under
section 6(d)(4)''.
(c) Eligibility Disqualifications.--Section 6(d)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is
amended to read as follows:
``(4) Employment and training.--
``(A) Implementation.--Each State agency shall provide
employment and training services authorized under section 134
of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to
eligible members of households participating in the
supplemental nutrition assistance program in gaining skills,
training, work, or experience that will increase their
ability to obtain regular employment.
``(B) Statewide workforce development system.--Consistent
with subparagraph (A), employment and training services shall
be provided through the statewide workforce development
system, including the One-Stop delivery system, authorized by
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
``(C) Reimbursements.--
``(i) Actual costs.--The State agency shall provide
payments or reimbursement to participants served under this
paragraph for--
``(I) the actual costs of transportation and other actual
costs (other than dependent care costs) that are reasonably
necessary and directly related to the individual
participating in employment and training activities; and
``(II) the actual costs of such dependent care expenses
that are determined by the State agency to be necessary for
the individual to participate in employment and training
activities (other than an individual who is the caretaker
relative of a dependent in a family receiving benefits under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.) in a local area where an employment, training, or
education program under title IV of such Act is in
operation), except that no such payment or reimbursement
shall exceed the applicable local market rate.
``(ii) Service contracts and vouchers.--In lieu of
providing reimbursements or payments for dependent care
expenses under clause (i), a State agency may, at its option,
arrange for dependent care through providers by the use of
purchase of service contracts or vouchers or by providing
vouchers to the household.
``(iii) Value of reimbursements.--The value of any
dependent care services provided for or arranged under clause
(ii), or any amount received as a payment or reimbursement
under clause (i), shall--
``(I) not be treated as income for the purposes of any
other Federal or federally assisted program that bases
eligibility for, or the amount of benefits on, need; and
``(II) not be claimed as an employment-related expense for
the purposes of the credit provided under section 21 of the
Internal Revenue Code of 1986 (26 U.S.C. 21).''.
(d) Administration.--Section 11(e)(19) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) is amended to
read as follows:
``(19) the plans of the State agency for providing
employment and training services under section 6(d)(4);''.
(e) Administrative Cost-Sharing and Quality Control.--
Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``carry out employment
and training programs'' and inserting ``provide employment
and training services to eligible households under section
6(d)(4)'', and
(B) in subparagraph (D) by striking ``operating an
employment and training program'' and inserting ``providing
employment and training services consistent with section
6(d)(4)'',
(2) in paragraph (3) by striking ``related to participation
in an employment and training program'' and inserting ``the
individual participating in employment and training
activities'',
(3) in paragraph (4) by striking ``for operating an
employment and training program'' and inserting ``to provide
employment and training services'', and
(4) by amending paragraph (5) to read as follows:
``(5) Monitoring.--The Secretary, in conjunction with the
Secretary of Labor, shall monitor each State agency
responsible for administering employment and training
services under section 6(d)(4) to ensure funds are being
spent effectively and efficiently. Each program of employment
and training receiving funds under section 6(d)(4) shall be
subject to the requirements of the performance accountability
system, including having to meet the state performance
measures included in section 136 of the Workforce Investment
Act (29 U.S.C. 2871).''.
(f) Research, Demonstration, and Evaluations.--Section 17
of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended--
(1) in subsection (b) by striking paragraph (3), and
(2) in subsection (g)--
(A) by inserting ``, in conjunction with the Secretary of
Labor,'' after ``Secretary'', and
(B) by striking ``programs established'' and inserting
``activities provided to eligible households''.
(g) Minnesota Family Investment Project.--Section 22(b)(4)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4))
is amended by striking ``equivalent to those offered under
the employment and training program''.
SEC. 404. AMENDMENTS TO SECTION 412 OF THE IMMIGRATION AND
NATIONALITY ACT.
(a) Conditions and Considerations.--Section 412(a) of the
Immigration and Nationality Act (8 U.S.C. 1522(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking ``make available
sufficient resources for employment training and placement''
and inserting ``provide refugees with the opportunity to
access employment and training services, including job
placement,''; and
(B) in subparagraph (B)(ii), by striking ``services;'' and
inserting ``services provided through the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.);'';
(2) in paragraph (2)(C)(iii)(II), by inserting ``and
training'' after ``employment'';
(3) in paragraph (6)(A)(ii)--
(A) by striking ``insure'' and inserting ``ensure'';
(B) by inserting ``and training'' after ``employment''; and
(C) by inserting after ``available'' the following:
``through the one-stop delivery system under section 121 of
the Workforce Investment Act of 1998 (29 U.S.C. 2841)''; and
(4) in paragraph (9), by inserting ``the Secretary of
Labor,'' after ``Education,''.
(b) Program of Initial Resettlement.--Section 412(b)(2) of
such Act (8 U.S.C. 1522(b)(2)) is amended--
[[Page H1466]]
(1) by striking ``orientation, instruction'' and inserting
``orientation and instruction''; and
(2) by striking ``, and job training for refugees, and such
other education and training of refugees, as facilitates''
and inserting ``for refugees to facilitate''.
(c) Project Grants and Contracts for Services for
Refugees.--Section 412(c) of such Act (8 U.S.C. 1522(c)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``and training''
after ``employment''; and
(B) by striking subparagraph (C);
(2) in paragraph (2)(B), by striking ``paragraph--''
through ``in a manner'' and inserting ``paragraph in a
manner''; and
(3) by adding at the end the following:
``(3) In carrying out this section, the Director shall
ensure that employment and training services are provided
through the statewide workforce development system, as
appropriate, authorized by the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.). Such action may include--
``(A) making employment and training services as described
under section 134 of such Act (29 U.S.C. 2864) available to
refugees; and
``(B) providing refugees with access to a one-stop delivery
system under section 121 of such Act (29 U.S.C. 2841).''.
(d) Cash Assistance and Medical Assistance to Refugees.--
Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended--
(1) in paragraph (2)(A)(i), by inserting ``and training''
after ``providing employment''; and
(2) in paragraph (3), by striking ``The'' and inserting
``Consistent with subsection (c)(3), the''.
SEC. 405. AMENDMENTS RELATING TO THE SECOND CHANCE ACT OF
2007.
(a) Federal Prisoner Reentry Initiative.--Section 231 of
the Second Chance Act of 2007 (42 U.S.C. 17541) is amended--
(1) in subsection (a)(1)(E)--
(A) by inserting ``the Department of Labor and'' before
``other Federal agencies''; and
(B) by inserting ``State and local workforce investment
boards,'' after ``community-based organizations,'';
(2) in subsection (c)--
(A) in paragraph (2), by striking at the end ``and'';
(B) in paragraph (3), by striking at the end the period and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) to coordinate reentry programs with the employment
and training services provided through the statewide
workforce investment system under subtitle B of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.).''; and
(3) in subsection (d), by adding at the end the following
new paragraph:
``(6) Interaction with the workforce investment system.--
``(A) In general.--In carrying out this section, the
Director shall ensure that employment and training services,
including such employment and services offered through
reentry programs, are provided, as appropriate, through the
statewide workforce investment system under subtitle B of
title I of the Workforce Investment Act of 1998 (29 U.S.C.
2811 et seq.). Such action may include--
``(i) making employment and training services available to
prisoners prior to and immediately following the release of
such prisoners; or
``(ii) providing prisoners with access by remote means to a
one-stop delivery system under section 121 of the Workforce
Investment Act of 1998 (29 U.S.C. 2841) in the State in which
the prison involved is located.
``(B) Service defined.--In this paragraph, the term
`employment and training services' means those services
described in section 134 of the Workforce Investment Act of
1998 (29 U.S.C. 2864) offered by the Bureau of Prisons,
including--
``(i) the skills assessment described in subsection
(a)(1)(A);
``(ii) the skills development plan described in subsection
(a)(1)(B); and
``(iii) the enhancement, development, and implementation of
reentry and skills development programs.''.
(b) Duties of the Bureau of Prisons.--Section 4042(a)(5)(E)
of title 18, United States Code, is amended--
(1) in clause (ii), by striking ``Employment'' and
inserting ``Employment and training services (as defined in
paragraph (6) of section 231(d) of the Second Chance Act of
2007), including basic skills attainment, consistent with
such paragraph'';
(2) by striking clause (iii); and
(3) by redesignating clauses (iv), (v), (vi), and (vii) as
clauses (iii), (iv), (v), and (vi), respectively.
SEC. 406. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968.
Section 2976 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797w) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``vocational'' and
inserting ``career and technical education (as defined in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) and training'';
(B) by redesignating each of paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(C) by inserting after paragraph (3) the following new
paragraph:
``(4) coordinating employment and training services
provided through the statewide workforce investment system
under subtitle B of title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2811 et seq.), including a one-stop
delivery system under section 121 of such Act (29 U.S.C.
2841), for offenders upon release from prison, jail, or a
juvenile facility, as appropriate;'';
(2) in subsection (d)(2), by inserting ``, including local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998 (29 U.S.C. 2832),''
after ``nonprofit organizations'';
(3) in subsection (e)--
(A) in paragraph (3), by striking ``victim services, and
employment services'' and inserting ``and victim services'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following new
paragraph:
``(4) provides employment and training services through the
statewide workforce investment system under subtitle B of
title I of the Workforce Investment Act of 1998 (29 U.S.C.
2811 et seq.), including a one-stop delivery system under
section 121 of such Act (29 U.S.C. 2841); and'';
(4) in subsection (k)--
(A) in paragraph (1)(A), by inserting ``, in accordance
with paragraph (2)'' after ``under this section'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Employment and training.--The Attorney General shall
require each grantee under this section to measure the core
indicators of performance as described in section
136(b)(2)(A) of the Workforce Investment Act of 1998 (29
U.S.C. 2871(b)(2)(A)) with respect to the program of such
grantee funded with a grant under this section.''.
SEC. 407. CONFORMING AMENDMENTS TO THE UNITED STATES CODE.
Title 38, United States Code, is amended--
(1) by striking the item relating to section 4103A and
section 4104 in the table of sections at the beginning of
chapter 41 of such title;
(2) in section 4102A--
(A) in subsection (b)--
(i) by striking paragraphs (5), (6), and (7);
(ii) by redesignating paragraph (8) as paragraph (5);
(B) by striking subsections (c) and (h);
(C) by redesignating subsection (d), (e), (f), and (g) as
subsection (c), (d), (e), and (f);
(D) in subsection (e)(1) (as so redesignated)--
(i) by striking ``, including disabled veterans' outreach
program specialists and local veterans' employment
representatives providing employment, training, and placement
services under this chapter in a State''; and
(ii) by striking ``for purposes of subsection (c)''.
(3) in section 4109(a), by striking ``disabled veterans'
outreach program specialists and local veterans' employment
representative'' and inserting ``veteran employment
specialists appointed under section 134(f) of the Workforce
Investment Act of 1998'';
(4) in section 4109(d)(1), by striking ``disabled veterans'
outreach program specialists and local veterans' employment
representatives'' and inserting ``veteran employment
specialists appointed under section 134(f) of the Workforce
Investment Act of 1998'';
(5) in section 4112(d)--
(A) in paragraph (1), by striking ``disabled veterans'
outreach program specialist'' and inserting ``veteran
employment specialist appointed under section 134(f) of the
Workforce Investment Act of 1998''; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(6) in section 3672(d)(1), by striking ``disabled veterans'
outreach program specialists under section 4103A'' and
inserting ``veteran employment specialists appointed under
section 134(f) of the Workforce Investment Act of 1998''; and
(7) in section 4104A--
(A) in subsection (b)(1), by striking subparagraph (A) and
inserting the following:
``(A) the appropriate veteran employment specialist (in
carrying out the functions described in section 134(f) of the
Workforce Investment Act of 1998);''; and
(B) in subsection (c)(1), by striking subparagraph (A) and
inserting the following:
``(A) collaborate with the appropriate veteran employment
specialist (as described in section 134(f)) and the
appropriate State boards and local boards (as such terms are
defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801));''.
SEC. 408. CONFORMING AMENDMENT TO TABLE OF CONTENTS.
The table of contents in section 1(b) is amended to read as
follows:
``Sec. 1. Short title; table of contents.
``TITLE I--WORKFORCE INVESTMENT SYSTEMS
``Subtitle A--Workforce Investment Definitions
``Sec. 101. Definitions.
``Subtitle B--Statewide and Local Workforce Investment Systems
``Sec. 106. Purpose.
``Chapter 1--State Provisions
``Sec. 111. State workforce investment boards.
``Sec. 112. State plan.
``Chapter 2--Local Provisions
``Sec. 116. Local workforce investment areas.
``Sec. 117. Local workforce investment boards.
``Sec. 118. Local plan.
``Chapter 3--Workforce Investment Activities Providers
``Sec. 121. Establishment of one-stop delivery systems.
``Sec. 122. Identification of eligible providers of training services.
``Sec. 123. [Repealed].
``Chapter 4--[Repealed]
``Chapter 5--Employment and Training Activities
``Sec. 131. General authorization.
[[Page H1467]]
``Sec. 132. State allotments.
``Sec. 133. Within State allocations.
``Sec. 134. Use of funds for employment and training activities.
``Chapter 6--General Provisions
``Sec. 136. Performance accountability system.
``Sec. 137. Authorization of appropriations.
``Subtitle C--Job Corps
``Sec. 141. Purposes.
``Sec. 142. Definitions.
``Sec. 143. Establishment.
``Sec. 144. Individuals eligible for the Job Corps.
``Sec. 145. Recruitment, screening, selection, and assignment of
enrollees.
``Sec. 146. Enrollment.
``Sec. 147. Job Corps centers.
``Sec. 148. Program activities.
``Sec. 149. Counseling and job placement.
``Sec. 150. Support.
``Sec. 151. Operations.
``Sec. 152. Standards of conduct.
``Sec. 153. Community participation.
``Sec. 154. Workforce councils.
``Sec. 155. [Repealed].
``Sec. 156. Technical assistance to centers.
``Sec. 157. Application of provisions of Federal law.
``Sec. 158. Special provisions.
``Sec. 159. Performance accountability and management.
``Sec. 160. General provisions.
``Sec. 161. Authorization of appropriations.
``Subtitle D--National Programs
``Sec. 166. [Repealed].
``Sec. 167. [Repealed].
``Sec. 168. [Repealed].
``Sec. 169. [Repealed].
``Sec. 170. Technical assistance.
``Sec. 171. [Repealed].
``Sec. 172. Evaluations.
``Sec. 173. [Repealed].
``Sec. 173A. [Repealed].
``Sec. 174. [Repealed].
``Subtitle E--Administration
``Sec. 181. Requirements and restrictions.
``Sec. 182. Prompt allocation of funds.
``Sec. 183. Monitoring.
``Sec. 184. Fiscal controls; sanctions.
``Sec. 185. Reports; recordkeeping; investigations.
``Sec. 186. Administrative adjudication.
``Sec. 187. Judicial review.
``Sec. 188. Nondiscrimination.
``Sec. 189. Administrative provisions.
``Sec. 190. References.
``Sec. 191. State legislative authority.
``Sec. 192. [Repealed].
``Sec. 193. Transfer of Federal equity in State employment security
real property to the States.
``Sec. 194. [Repealed].
``Sec. 195. General program requirements.
``Sec. 196. Federal agency staff.
``Subtitle F--Repeals and Conforming Amendments
``Sec. 199. Repeals.
``Sec. 199A. Conforming amendments.
``TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION
``Sec. 201. Short title.
``Sec. 202. Purpose.
``Sec. 203. Definitions.
``Sec. 204. Home schools.
``Sec. 205. Authorization of appropriations.
``Subtitle A--Federal Provisions
``Sec. 211. Reservation of funds; grants to eligible agencies;
allotments.
``Sec. 212. Performance accountability system.
``Subtitle B--State Provisions
``Sec. 221. State administration.
``Sec. 222. State distribution of funds; matching requirement.
``Sec. 223. State leadership activities.
``Sec. 224. State plan.
``Sec. 225. Programs for corrections education and other
institutionalized individuals.
``Subtitle C--Local Provisions
``Sec. 231. Grants and contracts for eligible providers.
``Sec. 232. Local application.
``Sec. 233. Local administrative cost limits.
``Subtitle D--General Provisions
``Sec. 241. Administrative provisions.
``Sec. 242. National activities.
``TITLE III--WORKFORCE INVESTMENT-RELATED ACTIVITIES
``Subtitle A--Wagner-Peyser Act
``Sec. 301. Definitions.
``Sec. 302. Functions.
``Sec. 303. Designation of State agencies.
``Sec. 304. Appropriations.
``Sec. 305. Disposition of allotted funds.
``Sec. 306. State plans.
``Sec. 307. Repeal of Federal advisory council.
``Sec. 308. Regulations.
``Sec. 309. Employment statistics.
``Sec. 310. Technical amendments.
``Sec. 311. Effective date.
``Subtitle B--Linkages With Other Programs
``Sec. 321. Trade Act of 1974.
``Sec. 322. Veterans' employment programs.
``Sec. 323. Older Americans Act of 1965.
``Subtitle C--[Repealed]
``Subtitle D--Application of Civil Rights and Labor-Management Laws to
the Smithsonian Institution
``Sec. 341. Application of civil rights and labor-management laws to
the Smithsonian Institution.
``TITLE IV--REHABILITATION ACT AMENDMENTS OF 1998
``Sec. 401. Short title.
``Sec. 402. Title.
``Sec. 403. General provisions.
``Sec. 404. Vocational rehabilitation services.
``Sec. 405. Research and training.
``Sec. 406. Professional development and special projects and
demonstrations.
``Sec. 407. National Council on Disability.
``Sec. 408. Rights and advocacy.
``Sec. 409. Employment opportunities for individuals with disabilities.
``Sec. 410. Independent living services and centers for independent
living.
``Sec. 411. [Repealed].
``Sec. 412. Helen Keller National Center Act.
``Sec. 413. President's Committee on Employment of People With
Disabilities.
``Sec. 414. Conforming amendments.
``TITLE V--GENERAL PROVISIONS
``Sec. 501. State unified plan.
``Sec. 502. [Repealed].
``Sec. 503. [Repealed].
``Sec. 504. Privacy.
``Sec. 505. Buy-American requirements.
``Sec. 506. [Repealed].
``Sec. 507. Effective date.''.
TITLE V--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 501. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C.
701(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) there is a substantial need to improve and expand
services for students with disabilities under this Act.''.
SEC. 502. REHABILITATION SERVICES ADMINISTRATION.
(a) Rehabilitation Services Administration.--The
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
amended--
(1) in section 3(a) (29 U.S.C. 702(a))--
(A) by striking ``Office of the Secretary'' and inserting
``Department of Education'';
(B) by striking ``President by and with the advice and
consent of the Senate'' and inserting ``Secretary''; and
(C) by striking ``, and the Commissioner shall be the
principal officer,'';
(2) by striking ``Commissioner'' each place it appears
(except in section 21) and inserting ``Director'';
(3) in section 12(c) (29 U.S.C. 709), by striking
``Commissioner's'' and inserting ``Director's'';
(4) in the heading for subparagraph (B) of section
100(d)(2), by striking ``commissioner'' and inserting
``director'';
(5) in the heading for section 706, by striking
``COMMISSIONER'' and inserting ``DIRECTOR'';
(6) in the heading for paragraph (3) of section 723(a), by
striking ``commissioner'' and inserting ``director''; and
(7) in section 21 (29 U.S.C. 718)--
(A) in subsection (b)(1)--
(i) by striking ``Commissioner'' the first place it appears
and inserting ``Director of the Rehabilitation Services
Administration'';
(ii) by striking ``(referred to in this subsection as the
`Director')''; and
(iii) by striking ``The Commissioner and the Director'' and
inserting ``Both such Directors''; and
(B) by striking ``the Commissioner and the Director'' each
place it appears and inserting ``both such Directors''.
(b) Effective Date; Application.--The amendments made by
subsection (a) shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to the appointments of Directors of
the Rehabilitation Services Administration made on or after
the date of enactment of this Act, and the Directors so
appointed.
SEC. 503. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)
is amended--
(1) by redesignating paragraphs (35) through (39) as
paragraphs (36) through (40), respectively;
(2) in subparagraph (A)(ii) of paragraph (36) (as
redesignated by paragraph (1)), by striking ``paragraph
(36)(C)'' and inserting ``paragraph (37)(C)''; and
(3) by inserting after paragraph (34) the following:
``(35)(A) The term `student with a disability' means an
individual with a disability who--
``(i) is not younger than 16 and not older than 21;
``(ii) has been determined to be eligible under section
102(a) for assistance under this title; and
``(iii)(I) is eligible for, and is receiving, special
education under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for purposes of
section 504.
``(B) The term `students with disabilities' means more than
1 student with a disability.''.
SEC. 504. STATE PLAN.
Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)) is amended--
(1) in paragraph (10)(B) by striking ``on the eligible
individuals'' and all that follows through ``section
136(d)(2)'' and inserting ``of information necessary to
assess the State's performance on the core indicators of
performance described in section 136(b)(2)(A)'';
(2) in paragraph (11)--
(A) in subparagraph (D)(i), by inserting before the
semicolon the following: ``, which may be provided using
alternative means of meeting participation (such as video
conferences and conference calls)''; and
(B) by adding at the end the following:
``(G) Coordination with assistive technology programs.--The
State plan shall include an assurance that the designated
State unit and the lead agency or implementing entity
[[Page H1468]]
responsible for carrying out duties under the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.) have
developed working relationships and coordinate their
activities.'';
(3) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking ``and'' at the end;
(II) in subclause (III), by adding ``and'' at the end; and
(III) by adding at the end the following:
``(IV) students with disabilities, including their need for
transition services;'';
(ii) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(iii) by inserting after clause (i) the following:
``(ii) include an assessment of the transition services
provided under this Act, and coordinated with transition
services under the Individuals with Disabilities Education
Act, as to those services meeting the needs of individuals
with disabilities;''; and
(B) in subparagraph (D)--
(i) by redesignating clauses (iii), (iv), and (v) as
clauses (iv), (v), and (vi), respectively; and
(ii) by inserting after clause (ii) the following:
``(iii) the methods to be used to improve and expand
vocational rehabilitation services for students with
disabilities, including the coordination of services designed
to facilitate the transition of such students from the
receipt of educational services in school to the receipt of
vocational rehabilitation services under this title or to
postsecondary education or employment;'';
(4) in paragraph (22)--
(A) by striking ``carrying out part B of title VI,
including''; and
(B) by striking ``that part to supplement funds made
available under part B of'';
(5) in paragraph (24)(A), by striking ``part A of title
VI'' and inserting ``section 109A''; and
(6) by adding at the end the following:
``(25) Collaboration with industry.--The State plan shall
describe how the designated State agency will carry out the
provisions of section 109A, including--
``(A) the criteria such agency will use to award grants
under such section; and
``(B) how the activities carried out under such grants will
be coordinated with other services provided under this title.
``(26) Services for students with disabilities.--The State
plan shall provide an assurance satisfactory to the Secretary
that the State--
``(A) has developed and implemented strategies to address
the needs identified in the assessment described in paragraph
(15), and achieve the goals and priorities identified by the
State, to improve and expand vocational rehabilitation
services for students with disabilities on a statewide basis
in accordance with paragraph (15); and
``(B) from funds reserved under section 110A, shall carry
out programs or activities designed to improve and expand
vocational rehabilitation services for students with
disabilities that--
``(i) facilitate the transition of students with
disabilities from the receipt of educational services in
school, to the receipt of vocational rehabilitation services
under this title, including, at a minimum, those services
specified in the interagency agreement required in paragraph
(11)(D);
``(ii) improve the achievement of post-school goals of
students with disabilities, including improving the
achievement through participation (as appropriate when career
goals are discussed) in meetings regarding individualized
education programs developed under section 614 of the
Individuals with Disabilities Education Act (20 U.S.C. 1414);
``(iii) provide career guidance, career exploration
services, job search skills and strategies, and technical
assistance to students with disabilities;
``(iv) support the provision of training and technical
assistance to State and local educational agencies and
designated State agency personnel responsible for the
planning and provision of services to students with
disabilities; and
``(v) support outreach activities to students with
disabilities who are eligible for, and need, services under
this title.''.
SEC. 505. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29 U.S.C.
723) is amended--
(1) in subsection (a), by striking paragraph (15) and
inserting the following:
``(15) transition services for students with disabilities,
that facilitate the achievement of the employment outcome
identified in the individualized plan for employment,
including services described in clauses (i) through (iii) of
section 101(a)(26)(B);'';
(2) in subsection (b), by striking paragraph (6) and
inserting the following:
``(6)(A)(i) Consultation and technical assistance services
to assist State and local educational agencies in planning
for the transition of students with disabilities from school
to post-school activities, including employment.
``(ii) Training and technical assistance described in
section 101(a)(26)(B)(iv).
``(B) Services for groups of individuals with disabilities
who meet the requirements of clauses (i) and (iii) of section
7(35)(A), including services described in clauses (i), (ii),
(iii), and (v) of section 101(a)(26)(B), to assist in the
transition from school to post-school activities.''; and
(3) in subsection (b) by inserting at the end, the
following:
``(7) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29 U.S.C. 3001)
to promote access to assistive technology for individuals
with disabilities and employers.''.
SEC. 506. STANDARDS AND INDICATORS.
Section 106 of the Rehabilitation Act of 1973 (29 U.S.C.
726(a)) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Standards and Indicators.--The performance standards
and indicators for the vocational rehabilitation program
carried out under this title--
``(1) shall be subject to paragraphs (2)(A) and (3) of
section 136(b) of the Workforce Investment Act of 1998; and
``(2) may, at a State's discretion, include additional
indicators identified in the State plan submitted under
section 101.''; and
(2) in subsection (b)(2)(B), by striking clause (i) and
inserting the following:
``(i) on a biannual basis, review the program improvement
efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the
Director, direct the State to make revisions to the plan to
improve performance; and''.
SEC. 507. COLLABORATION WITH INDUSTRY.
The Rehabilitation Act of 1973 is amended by inserting
after section 109 (29 U.S.C. 729) the following:
``SEC. 109A. COLLABORATION WITH INDUSTRY.
``(a) Authority.--A State shall use not less than one-half
of one percent of the payment the State receives under
section 111 for a fiscal year to award grants to eligible
entities to create practical job and career readiness and
training programs, and to provide job placements and career
advancement.
``(b) Application.--To receive a grant under this section,
an eligible entity shall submit an application to a
designated State agency at such time, in such manner, and
containing such information as such agency shall require.
Such application shall include, at a minimum--
``(1) a plan for evaluating the effectiveness of the
program;
``(2) a plan for collecting and reporting the data and
information described under subparagraphs (A) through (C) of
section 101(a)(10), as determined appropriate by the
designated State agency; and
``(3) a plan for providing for the non-Federal share of the
costs of the program.
``(c) Activities.--An eligible entity receiving a grant
under this section shall use the grant funds to carry out a
program that provides one or more of the following:
``(1) Job development, job placement, and career
advancement services for individuals with disabilities.
``(2) Training in realistic work settings in order to
prepare individuals with disabilities for employment and
career advancement in the competitive market.
``(3) Providing individuals with disabilities with such
support services as may be required in order to maintain the
employment and career advancement for which the individuals
have received training.
``(d) Awards.--Grants under this section shall--
``(1) be awarded for a period not to exceed 5 years; and
``(2) be awarded competitively.
``(e) Eligible Entity Defined.--For the purposes of this
section, the term `eligible entity' means a for-profit
business, alone or in partnership with one or more of the
following:
``(1) Community rehabilitation program providers.
``(2) Indian tribes.
``(3) Tribal organizations.
``(f) Federal Share.--The Federal share of a program under
this section shall not exceed 80 percent of the costs of the
program.
``(g) Eligibility for Services.--An individual shall be
eligible for services provided under a program under this
section if the individual is determined under section
102(a)(1) to be eligible for assistance under this title.''.
SEC. 508. RESERVATION FOR EXPANDED TRANSITION SERVICES.
The Rehabilitation Act of 1973 is amended by inserting
after section 110 (29 U.S.C. 730) the following:
``SEC. 110A. RESERVATION FOR EXPANDED TRANSITION SERVICES.
``Each State shall reserve not less than 10 percent of the
funds allotted to the State under section 110(a) to carry out
programs and activities under sections 101(a)(26)(B) and
103(b)(6).''.
SEC. 509. CLIENT ASSISTANCE PROGRAM.
Section 112(e)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 732(e)(1)) is amended by redesignating subparagraph
(D) as subparagraph (E) and inserting after subparagraph (C)
the following:
``(D) The Secretary shall make grants to the protection and
advocacy system serving the American Indian Consortium to
provide services in accordance with this section. The amount
of such grants shall be the same as provided to territories
under this subsection.''.
SEC. 510. TITLE III AMENDMENTS.
Title III of the Rehabilitation Act of 1973 (29 U.S.C. 771
et seq.) is amended--
(1) in section 301(a)--
(A) in paragraph (2), by inserting ``and'' at the end;
(B) by striking paragraphs (3) and (4); and
(C) by redesignating paragraph (5) as paragraph (3);
(2) in section 302(g)--
(A) in the heading, by striking ``And In-Service
Training''; and
(B) by striking paragraph (3);
(3) in section 303(c)--
(A) in paragraph (4)--
(i) by amending subparagraph (A)(ii) to read as follows:
``(ii) to coordinate and work closely with the parent
training and information centers established pursuant to
section 671 of the Individuals with Disabilities Education
Act, the community parent resource centers established
pursuant to
[[Page H1469]]
section 672 of such Act, and the eligible entities receiving
awards under section 673 of such Act; and''; and
(ii) in subparagraph (C), by inserting ``, and demonstrate
the capacity for serving,'' after ``serve''; and
(B) by adding at the end the following:
``(8) Reservation.--From the amount appropriated to carry
out this subsection for a fiscal year, 20 percent of such
amount or $500,000, whichever is less, shall be reserved to
carry out paragraph (6).'';
(4) by striking sections 304 and 305; and
(5) by redesignating section 306 as section 304.
SEC. 511. REPEAL OF TITLE VI.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
amended by repealing title VI.
SEC. 512. CHAIRPERSON.
Section 705(b)(5) of the Rehabilitation Act of 1973 (29
U.S.C. 796d(b)(5)) is amended to read as follows:
``(5) Chairperson.--The Council shall select a chairperson
from among the voting membership of the Council.''.
SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
further amended--
(1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), by striking
``such sums as may be necessary for fiscal years 1999 through
2003'' and inserting ``$3,121,712,000 for fiscal year 2014
and each of the 6 succeeding fiscal years'';
(2) in section 110(c) (29 U.S.C. 730(c)), by amending
paragraph (2) to read as follows:
``(2) The sum referred to in paragraph (1) shall be, as
determined by the Secretary, not less than 1 percent and not
more than 1.5 percent of the amount referred to in paragraph
(1) for each of fiscal years 2014 through 2020.'';
(3) in section 112(h) (29 U.S.C. 732(h)) by striking ``such
sums as may be necessary for fiscal years 1999 through 2003''
and inserting ``$12,240,000 for fiscal year 2014 and each of
the 6 succeeding fiscal years'';
(4) by amending subsection (a) of section 201 (29 U.S.C.
761(a)) to read as follows: ``(a) There are authorized to be
appropriated $108,817,000 for fiscal year 2014 and each of
the 6 succeeding fiscal years to carry out this title.'';
(5) in section 302(i) (29 U.S.C. 772(i)) by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$35,515,000 for fiscal year
2014 and each of the 6 succeeding fiscal years'';
(6) in section 303(e) (29 U.S.C. 773(e)) by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$5,325,000 for fiscal year
2014 and each of the 6 succeeding fiscal years'';
(7) in section 405 (29 U.S.C. 785) by striking ``such sums
as may be necessary for each of the fiscal years 1999 through
2003'' and inserting ``$3,258,000 for fiscal year 2014 and
each of the 6 succeeding fiscal years'';
(8) in section 502(j) (29 U.S.C. 792(j)) by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$7,400,000 for fiscal year
2014 and each of the 6 succeeding fiscal years'';
(9) in section 509(l) (29 U.S.C. 794e(l)) by striking
``such sums as may be necessary for each of the fiscal years
1999 through 2003'' and inserting ``$18,031,000 for fiscal
year 2014 and each of the 6 succeeding fiscal years'';
(10) in section 714 (29 U.S.C. 796e-3), by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$23,359,000 for fiscal year
2014 and each of the 6 succeeding fiscal years'';
(11) in section 727 (29 U.S.C. 796f-6), by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$79,953,000 for fiscal year
2014 and each of the 6 succeeding fiscal years''; and
(12) in section 753 (29 U.S.C. 7961), by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003'' and inserting ``$34,018,000 for fiscal year
2014 and each of the 6 succeeding fiscal years''.
SEC. 514. CONFORMING AMENDMENTS.
Section 1(b) of the Rehabilitation Act of 1973 is amended--
(1) by inserting after the item relating to section 109 the
following:
``Sec. 109A. Collaboration with industry.'';
(2) by inserting after the item relating to section 110 the
following:
``Sec. 110A. Reservation for expanded transition services.'';
(3) by striking the item related to section 304 and
inserting the following:
``Sec. 304. Measuring of project outcomes and performance.'';
(4) by striking the items related to sections 305 and 306;
and
(5) by striking the items related to title VI.
The CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in House Report 113-
16. Each such amendment may be offered only in the order printed in the
report, by a Member designated in the report, shall be considered read,
shall be debatable for the time specified in the report, equally
divided and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for division
of the question.
Amendment No. 1 Offered by Ms. Foxx
The CHAIR. It is now in order to consider amendment No. 1 printed in
House Report 113-16.
Ms. FOXX. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
In the table of contents in section 2, strike the item
relating to section 139 and insert the following:
Sec. 139. Federal agency staff and restrictions on
political and lobbying activities.
In the table of contents in section 2, add at the end the
following:
TITLE VI--STUDIES BY THE COMPTROLLER GENERAL
Sec. 601. Study by the Comptroller General on exhausting
Federal Pell Grants before accessing WIA funds.
Sec. 602. Study by the Comptroller General on
administrative cost savings.
Page 12, line 8, insert ``pay-for-performance'' before
``contract''.
Page 12, line 11, strike ``performance outcome'' and insert
``core indicators of performance''.
Page 12, beginning line 14, strike ``a provider'' and
insert ``an eligible provider''.
Page 12, line 16, insert after ``who'' the following: ``,
within a defined timetable,''.
Page 12, line 18, strike ``outcome measures'' and insert
``core indicators of performance''.
Page 12, line 19, strike ``, within a defined timetable''.
Page 12, line 23, strike ``a provider'' and insert ``an
eligible provider''.
Page 12, line 24, insert ``program'' before
``participant''.
Page 12, line 25, strike ``outcome measures'' and insert
``core indicators of performance''.
Page 13, line 7, strike ``a provider'' and insert ``an
eligible provider''.
Page 27, line 6, insert ``and'' before ``all that
follows''.
Page 27, beginning line 14, amend subparagraph (A) to read
as follows:
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Process.--In order to receive an allotment under
section 132, a State, through the State board, shall
establish a process to designate local workforce investment
areas within the State. Such process shall--
``(i) support the statewide workforce investment system
developed under section 111(d)(2) that will meet the
workforce needs of the State and its local areas;
``(ii) include prior consultation with chief elected
officials;
``(iii) consider comments received through the public
comment process as described in section 112(b)(9); and
``(iv) require the submission of an approved application
under subparagraph (B).
``(B) Application.--To be designated as a local area under
this paragraph, a local or regional board (or consortiums of
local or regional boards) shall submit an application to a
State board at such time, in such manner, and containing such
information as the State board may require, including--
``(i) a description of the local area, including the
population that will be served by the local area, and the
education and training needs of its employers and workers;
``(ii) a description of how the local area is consistent or
aligned with--
``(I) service delivery areas;
``(II) labor market areas; and
``(III) economic development regions;
``(iii) a description of the eligible providers of
education and training, including postsecondary educational
institutions such as community colleges, located in the local
area available to meet the needs of the local workforce;
``(iv) a description of the distance that individuals will
need to travel to receive services provided in such local
area; and
``(v) any other criteria that the State board may require.
``(C) Priority.--In designating local areas under this
paragraph, a State board shall give priority consideration to
applicants demonstrating that a designation as a local area
under this paragraph will result in the reduction of
overlapping service delivery areas, local market areas, or
economic development regions.
``(D) Alignment with local plan.--A State may designate an
applicant as a local area under this paragraph for a period
not to exceed 3 years.''.
Page 28, beginning line 22, strike ``and inserting the
following:''.
Page 28, line 24, through page 29, line 7, strike paragraph
(3).
Page 29, line 8, strike ``and''.
Page 29, beginning line 9, amend subparagraph (E) to read
as follows:
``(E) by redesignating paragraph (5) as paragraph (3);
and''.
Page 29, after line 10, insert the following:
(F) in paragraph (3) (as so redesignated), by striking
``(2) or (3)'' both places it appears and inserting ``(1)'';
Page 29, line 14, strike ``(a)(1)(B), the Governor may
designate a State'' and insert ``(a), the State board of a
State may designate the State''.
Page 36, line 25, strike ``individual training providers''
and insert ``each such eligible provider''.
Page 37, line 2, insert ``eligible'' before ``providers''.
Page 37, line 4, strike ``indicators as priority'' and
insert ``criteria as priority eligible''.
Page 42, line 9, insert ``, with a focus on employment that
fosters independence and integration'' after
``disabilities''.
[[Page H1470]]
Page 55, line 23, insert ``subsection'' before
``(b)(2)(B)''.
Page 70, line 24, strike the period and insert ``; and''.
Page 86, beginning line 12, strike ``, as defined in
section 101(56),''.
Page 86, line 15, insert ``eligible'' before ``providers''.
Page 99, line 12, strike ``(B);'' and insert ``(B).''.
Page 104, beginning line 3, strike ``an institution of
higher education'' and insert ``a postsecondary educational
institution''.
Page 104, line 5, insert ``eligible'' before ``provider''.
Page 104, line 9, strike ``and which'' and insert ``such
contract''.
Page 104, line 11, insert ``eligible'' before ``provider''.
Page 104, line 11, strike ``if'' and insert ``and''.
Page 106, beginning line 4, strike ``, as defined in
section 101(56),''.
Page 118, line 24, strike ``(1)(A)''.
Page 119, line 1, insert ``of paragraph (1)(A)'' after
``clause (i)''.
Page 119, line 6, insert ``of paragraph (1)(A)'' after
``clause (ii)''.
Page 122, line 10, strike ``(E)'' and insert ``(D)''.
Page 128, line 25, strike ``1091(c))'' and insert
``1091(c)))''.
Page 154, line 2, strike ``Education.'' and insert
``Education,''.
Page 154, line 3, strike ``as well as'' and insert ``and''.
Page 157, line 9, insert before the semicolon the
following: ``, and conforming the casing style of the
headings of such subsections to the casing style of the
heading of subsection (d), as added by paragraph (7) of this
section''.
Page 166, line 18, strike ``paragraph'' and insert
``subparagraph''.
Page 167, line 16, insert after ``STAFF'' the following:
``AND RESTRICTIONS ON POLITICAL AND LOBBYING ACTIVITIES''.
Page 168, line 11, strike ``eliminated'' and insert
``repealed''.
Page 168, line 16, insert ``and'' at the end.
Page 221, line 11, insert before the period the following:
``, as in effect on the day before the date of enactment of
the SKILLS Act''.
Page 221, beginning line 18, amend paragraph (5) to read as
follows:
(5) Public Law 91-378, 16 U.S.C. 1701 et seq. (popularly
known as the ``Youth Conservation Corps Act of 1970'').
Page 222, beginning line 21, move the quoted matter so
that it appears in-line with ``following:'' on line 20 of
such page.
Page 230, line 11, insert ``and all that follows'' before
``through''.
Page 235, line 7, strike ``victim'' and insert ``victims''.
Page 236, line 23, strike ``subsection'' and insert
``subsections''.
Page 236, line 24, strike ``subsection'' and insert
``subsections''.
Page 240, after the item relating to section 196, insert
the following:
``Sec. 197. Restrictions on lobbying and political
activities.''.
Add at the end of the bill, the following new title:
TITLE VI--STUDIES BY THE COMPTROLLER GENERAL
SEC. 601. STUDY BY THE COMPTROLLER GENERAL ON EXHAUSTING
FEDERAL PELL GRANTS BEFORE ACCESSING WIA FUNDS.
Not later than 12 months after the date of enactment of
this Act, the Comptroller General of the United States shall
complete and submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a
report that--
(1) evaluates the effectiveness of subparagraph (B) of
section 134(d)(4) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on
the day before the date of enactment of this Act),
including--
(A) a review of the regulations and guidance issued by the
Secretary of Labor to State and local areas on how to comply
with such subparagraph;
(B) a review of State policies to determine how local areas
are required to comply with such subparagraph;
(C) a review of local area policies to determine how one-
stop operators are required to comply with such subparagraph;
and
(D) a review of a sampling of individuals receiving
training services under section 134(d)(4) of the Workforce
Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine
if, before receiving such training services, such individuals
have exhausted funds received through the Federal Pell Grant
program under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.); and
(2) makes appropriate recommendations with respect to the
matters evaluated under paragraph (1).
SEC. 602. STUDY BY THE COMPTROLLER GENERAL ON ADMINISTRATIVE
COST SAVINGS.
(a) Study.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall complete and submit to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report that--
(1) determines the amount of administrative costs at the
Federal and State levels for the most recent fiscal year for
which satisfactory data are available for--
(A) each of the programs authorized under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed
under section 401 of this Act, as such programs were in
effect for such fiscal year; and
(B) each of the programs described in subparagraph (A) that
have been repealed or consolidated on or after the date of
enactment of this Act;
(2) determines the amount of administrative cost savings at
the Federal and State levels as a result of repealing and
consolidating programs by calculating the differences in the
amount of administrative costs between subparagraph (A) and
subparagraph (B) of paragraph (1); and
(3) estimates the administrative costs savings at the
Federal and State levels for a fiscal year as a result of
States consolidating funds under section 501(e) of the
Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to
reduce inefficiencies in the administration of federally-
funded State and local employment and training programs.
(b) Definition.--For purposes of this section, the term
``administrative cost'' has the meaning given the term in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801).
The CHAIR. Pursuant to House Resolution 113, the gentlewoman from
North Carolina (Ms. Foxx) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from North Carolina.
Ms. FOXX. I rise in support of the manager's amendment for H.R. 803,
the Supporting Knowledge and Investing in Lifelong Skills Act, and I
yield myself such time as I may consume.
The issue before us can no longer be ignored. Last week, we received
encouraging news as the Nation's unemployment rate dropped to 7.7
percent; but the reality remains that millions of Americans are still
searching for work, and too often they cannot access the support they
need to compete for in-demand jobs.
Each year, hardworking taxpayers spend $18 billion to fund more than
50 Federal workforce development programs administered by nine
different agencies. Many of the programs overlap or are duplicative and
few have ever been evaluated for efficacy. Our Nation's economy is only
as strong as its workforce. Right now, the need to reform our broken
workforce development system could not be more critical. As Friday's
job report illustrated, 12 million Americans are still searching for
full-time work; yet employers reported another month with more than 3
million unfilled job openings, in part because there aren't enough
qualified workers to fill them.
We know the jumbled state of today's workforce development system is
unimaginable, as well as the ineffective maze of programs each of
today's workers has to navigate in order to receive assistance or
education to help in their job hunt. I have a chart that shows this.
Americans deserve a system that is more efficient, more accountable,
and more responsive than that. What we propose today will take care of
that, and this is the chart that shows where we will go with this
system.
Today, many of my colleagues have discussed how the SKILLS Act would
foster an employer-driven system that prepares job seekers for a
successful career in the 21st-century economy. I would like to
highlight a few technical changes included in the manager's amendment
that will enhance efforts to eliminate waste, safeguard taxpayer
dollars, and provide education and support to American workers.
{time} 1020
First, the manager's amendment will improve accountability and ensure
officials aren't wasting taxpayer dollars by requiring the Government
Accountability Office to evaluate the administrative savings that will
occur at the Federal and State levels due to the streamlining of
workforce development programs.
Second, we recognize that local leaders are much better informed and
equipped to serve the needs of local job seekers than we are in
Washington. That is why our approach relies on a bottom-up approach
when designating local workforce investment areas. Local leaders will
submit applications for designation and establish the processes needed
to align their areas with other service delivery and labor market areas
in their region. In doing so, the designation process will be more
effective and transparent, and will naturally serve the priorities of
local communities.
[[Page H1471]]
Finally, the manager's amendment requires State and local workforce
development leaders, when serving individuals with disabilities, to
detail how they will focus on employment opportunities that foster
independence and integration. These commonsense changes help build a
more dynamic and inclusive system that will provide maximum support for
workers and employers.
In his 2012 State of the Union address, President Obama urged
Congress to cut ``through the maze of confusing training programs.''
Today we have the opportunity to do just that.
We cannot encourage economic growth or put Americans back to work
without reforming an antiquated system that fails to meet the
fundamental needs of today's job creators and workers. We cannot
continue to defend the outdated policies of the past. It is time we
reform these programs to create an efficient and effective system that
supports the true backbone of our economy: the American people.
Madam Chairman, I strongly urge my colleagues to support the SKILLS
Act, and I reserve the balance of my time.
Mr. TIERNEY. Madam Chairwoman, I rise to claim time in opposition to
the amendment.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. TIERNEY. Thank you very much.
I understand that much in the manager's amendment is technical and
clarifying corrections, but it does make one notable substantive change
to the underlying bill as it pertains to the designation of local
workforce investment areas.
Current law calls for automatic designation of a local workforce area
with a population of 500,000 or more. It also ensures that the voices
of local elected officials, businesses, and workforce development
officials, among others, are heard. That's a good thing.
Now, the underlying bill--the so-called SKILLS Act--radically changed
this. It repealed the automatic designation that I just mentioned, and
it essentially empowered the Governor to designate an entire State as
one local workforce area if that Governor chose to do so. This is not
viewed as sound policy.
Two days ago, the Conference of Mayors, the National Association of
Counties, the National League of Cities, and the National Association
of Workforce Boards sent a letter to the House leadership that
expressed concerns with this particular provision. Specifically, they
wrote:
H.R. 803 undermines existing governance structures by
virtually eliminating the input of local elected officials in
the decisionmaking process.
They also said:
H.R. 803 fails to promote intergovernmental collaboration
between State and local officials by eliminating prior
provisions relating to automatic designation of local
workforce development areas, effectively allowing State
boards to designate local areas in consultation with the
Governor, without considering input from local stakeholders.
Now, I think this mistake has been recognized, and we can see that by
this manager's amendment where there is an attempt to try and address
this situation. But it is further evidence of the deficiencies of a
hyperpartisan bill that neglects the opportunity to sit down with
others and work through these issues so that we can come up with the
best solution on that. Now they're trying to get out of this hole they
created by proposing a sort of solution in the manager's amendment that
is still inadequate and certainly is worse than current law.
The manager's amendment provides an application process for local
boards. So instead of being automatically designated if there are
500,000 in the population or more, they have to apply to be designated
as a local workforce area. But that application still has to be
approved by the State, which could totally reject it. And that's only
for a period of 3 years, so they have to keep going through this
process periodically. If I were a mayor or a business person who is
chairing a local board, I don't think I would be very pleased with this
provision--and in fact they're not.
I'm not sure how creating an unnecessary and bureaucratic process
where locals would have to reapply continuously for their designation
every 3 years squares with my Republican colleagues' supposed concern
about duplication in the workforce.
Later this morning, we will be offering a substitute amendment that
retains current law and protects the local individuals' role in the
workforce system. Certainly, if we had the opportunity for a bipartisan
bill, we could have worked through this issue and come up with what
would be the best solution. This is just one example of the important
policy provisions in this bill that could have been addressed in that
way. This could have been a bipartisan bill, and we could have got the
best product, and we didn't.
I reserve the balance of my time.
Ms. FOXX. Madam Chairman, I appreciate my colleague reading the
letter that he read. But as he well knows, that letter was written
before the manager's amendment came out, and the manager's amendment
actually corrects what the letter was talking about.
We are making the system better. Current law allows the Governor of
the State to designate local areas in consultation, and our colleagues
are advocating to keep the status quo. My amendment makes it a better
situation, and I appreciate his acknowledging that the manager's
amendment does do that.
I reserve the balance of my time.
Mr. TIERNEY. I yield myself such time as I may consume.
This is an attempt to deal with the problem that was in the
underlying bill, as pointed out by that letter, but an attempt that
mirrors the process for the last session and this session. They didn't
consult anybody. They didn't talk to anybody. They didn't say what
would be the solution. They just went out and arbitrarily decided that,
again, having once messed up, they thought they were the repository for
all knowledge on this subject and went about setting on a course that
still falls short.
Yes, current law allows for Governors to work with the consultation
of others to set local designated areas, but areas of 500,000
population or more are already designated, and that's the point at
issue here.
I think we've seen an example of the process--just deciding that all
knowledge is reposited in one section; not wanting to discuss with
others. We understand.
This could have been a good bill. This could have been a bill that
went through the House, was taken up by the Senate, and then went on to
the President's desk--a bill that the public could have been proud of,
a bill that everybody could have got behind, but we didn't. We see a
failed process, so we end up with a failed part of the provision of the
original bill, and another failed attempt to fix it because there's no
reaching out and no attempt.
Last time we had some hearings, very brief. Then we had a vote where
partisan votes went all the way down the line. This time we have one
hearing the day that the bill was filed, two out of three witnesses say
they didn't read the bill, an immediate markup, where we chose not to
go through the same faux hearing process of having all of the
amendments just shot down on a partisan vote.
We're here. We always have been here. We want to work this through.
This was not a hyperpartisan issue--it's just been made to be one.
I reserve the balance of my time.
The CHAIR. The gentlewoman from North Carolina has 30 seconds
remaining, and the gentleman from Massachusetts has 15 seconds
remaining.
Ms. FOXX. Madam Chair, a failed process is when you're in control of
the House, the Senate, and the Presidency and you do nothing to fix the
situation.
We offered our colleagues on the other side of the aisle for the
opportunity to offer amendments; they walked out of the meeting. Their
substitute does not fix the situation in the way that they say they
want it fixed. Madam Chairman, we have allowed them to offer
amendments; they walked away. We've given them extra time today to
discuss their substitute. Even their substitute does not take care of
the problem.
I yield back the balance of my time.
Mr. TIERNEY. No normal person would confuse being given an
opportunity to have your amendment shot down on a party-line vote as a
bipartisan process.
[[Page H1472]]
I remind the gentlewoman that it was her party, Mr. McKeon, who
correctly stated it's the majority's obligation to reach across the
aisle and seek compromise on that because they're the ones with the
gavel on that.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from North Carolina (Ms. Foxx).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Gallego
The CHAIR. It is now in order to consider amendment No. 2 printed in
House Report 113-16.
Mr. GALLEGO. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 26, line 20, insert ``including training in advanced
manufacturing,'' after ``training,''.
Page 44, line 24, insert ``including training in advanced
manufacturing,'' after ``training,''.
The CHAIR. Pursuant to House Resolution 113, the gentleman from Texas
(Mr. Gallego) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. GALLEGO. Madam Chairman, I would like to thank Chairman Kline and
the ranking member, Mr. Miller, for their work on the Education and
Workforce Committee, as well as for consideration of my amendment
today.
My amendment is very simple and common sense. It accelerates job
training skills for veterans. Specifically, the amendment would promote
advanced manufacturing within State and local plans for veterans.
{time} 1030
Assisting veterans and employers in translating their military skills
into advanced manufacturing does two things:
First, it addresses 600,000 advanced manufacturing jobs that remain
open in our Nation. More than 82 percent of manufacturers report that
they cannot find people to fill their skilled jobs.
Second, over the next 4 years, 1 million veterans--1 million
veterans--are expected to exit the Armed Forces and transition into our
workforce. This amendment creates cohesion between filling our advanced
manufacturing jobs, such as technology, aerospace, pharmaceutical, and
other cutting-edge products with capable, talented veterans.
There are close to 900,000 veterans who are unemployed in our Nation.
Often these veterans obtain advanced manufacturing skills while they're
serving our country. Unfortunately, they have a hard time obtaining
employment once they leave their service.
Although unemployment for veterans has fallen from 12.1 percent to
9.9 percent in the last year, it still outpaces the Nation's overall
rate. Today, there are more than 1.6 million veterans who live in my
home State of Texas. In the reaches of the southwest congressional
district that I represent, some 64,000 veterans reside there.
So this amendment is for America's heroes who return from their
service to afford them training in advanced manufacturing jobs, a
sector that has added 500,000 jobs in the past 26 months.
Lastly, this amendment doesn't present any budgetary issues. It
doesn't impact direct spending, so there are no CutGo violations. It
doesn't impact discretionary authorization, so it doesn't run afoul of
any of the House protocols.
I would ask your support of a very commonsense amendment. Let's all
work together to get our veterans back to work.
Thank you, Madam Chair, and I yield back the balance of my time.
Mr. KLINE. Madam Chair, I rise to claim time in opposition, but I do
not intend to oppose the amendment.
The CHAIR. Without objection, the gentleman from Minnesota is
recognized for 5 minutes.
There was no objection.
Mr. KLINE. Thank you, Madam Chair. I appreciate the involvement of
the gentleman. He's brought forward a good amendment. It will help
veterans translate and hone their wartime skills to civilian use in an
important and growing sector. A focus on advanced manufacturing
training for veterans will allow our Nation's heroes to get relevant
and important training while increasing their earnings potential, so we
support this amendment.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Texas (Mr. Gallego).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Young of Alaska
The CHAIR. It is now in order to consider amendment No. 3 printed in
House Report 113-16.
Mr. YOUNG of Alaska. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 69, line 21, strike ``not more than''.
The CHAIR. Pursuant to House Resolution 113, the gentleman from
Alaska (Mr. Young) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Alaska.
Mr. YOUNG of Alaska. Madam Chair, I rise today to offer an amendment
to H.R. 803, which would ensure vital funding for workforce training
programs utilized by Alaska Natives, Native Americans, and Native
Hawaiians.
H.R. 803, as reported, contains a provision which establishes a 1
percent cap on the amount that each State can designate for Native
employment and training grants out of their total funding allotment.
My amendment would instead require that each State provide exactly 1
percent for each program. This change is important because H.R. 803, as
it currently stands, gives States the discretion to drastically reduce
or virtually eliminate Native work-training funds.
Alaska Native, American Indian, and Native Hawaiian populations often
rank at the bottom of labor-related categories like income, education,
and unemployment rate. Since 1998, America's Native peoples have relied
crucially on funding from the Workforce Investment Act to provide the
necessary resources to educate their workforce to help reverse these
trends. My amendment would guarantee that tribal funding continues.
I urge a ``yes'' vote on the amendment and reserve the balance of my
time.
Mr. TIERNEY. Madam Chair, I rise to claim time in opposition, but
will not be opposing the amendment.
The CHAIR. Without objection, the gentleman from Massachusetts is
recognized for 5 minutes.
There was no objection.
Mr. TIERNEY. Thank you, Madam Chair.
Essentially, I would like to reserve some time for someone we are
expecting down to talk on that. But I do make note that in the
gentleman, Mr. Young's, Dear Colleague letter regarding this particular
matter, he makes note that the underlying bill does not accommodate the
needs of this particular population, and that's why the necessity
existed for him to bring this amendment that we support to the floor.
But it's another example of how the process should have improved this
bill all along had it been done in a bipartisan, consultative manner,
as we had all hoped it would be.
With that, I reserve the balance of my time.
Mr. YOUNG of Alaska. Madam Chair, at this time, I yield 1 minute to
the gentleman from Oklahoma (Mr. Cole).
Mr. COLE. I thank the gentleman.
Madam Chair, I want to thank my good friend, Mr. Young, for bringing
this amendment. Nobody has worked harder or worked longer for Native
peoples in this Chamber than my good friend from Alaska. And the fact
that we would guarantee this, I think, is an important recognition of
how difficult the circumstances are for much of the Native population
in the country.
The Bureau of Labor Statistics does not actually keep statistics on
Native American unemployment, but anybody that has ever been to a
reservation knows that we have plenty of them in the middle of States
with very low unemployment rates where the unemployment rate on a
reservation will be 75 percent or more.
So, again, I want to thank my friend for making sure that important
resources are directed toward an often neglected population. I want to
thank him for his many years of work in this area and look forward to
working with him as we move forward.
[[Page H1473]]
Mr. TIERNEY. Madam Chairman, I yield myself 30 seconds.
I would like to make the point that obviously there are certain
populations within our society that deserve particular attention
because they have unique needs. You don't accomplish that by
arbitrarily taking all the programs and lumping them together without a
full analysis and determination of which ones would be better served on
that basis and which ones wouldn't. I think it further establishes our
point that we made throughout.
I congratulate the gentleman on his amendment and support it fully.
With that, I yield back the balance of my time.
Mr. YOUNG of Alaska. At this time, I would like to yield 1\1/2\
minutes to my good friend from South Dakota (Mrs. Noem).
Mrs. NOEM. I thank the gentleman for yielding and for his work on
this particular issue.
Madam Chair, we face some specific challenges in Indian Country in
South Dakota, and this amendment ensures that 1 percent of the funds
within the Workforce Investment Fund would be dedicated towards meeting
those needs.
Madam Chair, the three most impoverished counties in the Nation are
located in South Dakota. Each of these counties is located on or near
reservations, and the poverty rate in these counties hovers around 50
percent.
Life in Indian Country certainly has its challenges, and among those
is chronically high unemployment. While some of our tribes face an
unemployment rate of around 10 percent, we have one of them, the
Rosebud Reservation in Todd County, and the Pine Ridge Reservation in
Shannon County, which face almost 80 percent unemployment. Again, this
is challenging for Indian Country and needs to be dealt with.
It is very clear that we can and must do better for Indian Country,
and making our job-training programs work better through legislation
like the SKILLS Act is an effective way to do that. Guaranteeing the
set-aside money for Native Americans with this amendment is going to
make sure that that is available to them.
I've toured Lakota Foods on the Lower Brule Reservation where they
make some of the world's best popcorn. Lakota Foods has over 12 full-
time and part-time employees right now. With the right training, they
can employ around 50 people.
Also, there is a similar success story in Pine Ridge, where Native
American Natural Foods produces Tanka Bars. It is a healthy snack made
out of buffalo meat and cranberries inspired by traditional Lakota
food. Tanka Bars caught on and are sold in over 3,000 stores now
nationwide. With the right training and workforce development, they
could expand to over 20 full-time employees.
We need to ensure that tribal businesses like this have an
opportunity to survive, and that's the type that we want to have in
Indian Country.
I ask for support on this amendment.
Mr. TIERNEY. I ask unanimous consent to reclaim the balance of my
time to a Member having arrived to speak on the amendment.
The CHAIR. Is there objection to the request of the gentleman from
Massachusetts?
There was no objection.
Mr. TIERNEY. I yield the remaining time to the gentlelady from
Hawaii, Representative Gabbard.
Ms. GABBARD. Madam Chair, I would like to give thanks to
Representatives Don Young, Tom Cole, and Representative Noem for
offering this very important amendment. The Hawaii Members have had a
long relationship with Alaska on Native issues, and I look forward to
that great relationship continuing.
This amendment would require that each State provide exactly 1
percent of their total allotment for Native grants. As the bill stands,
Native grants are capped at 1 percent, which could result in major
funding reductions or no funding at all.
{time} 1040
With this amendment, we can ensure our native populations are
guaranteed at least 1 percent. This is a critical provision to ensure
that our native populations are not forgotten or left behind.
In my home State of Hawaii, for example, ALU LIKE is able to take
critical workforce investment funds and help Native Hawaiians as well
as Alaska Natives and Native American Indians advance their academic or
occupational skills and put them on a path to personal and economic
self-sufficiency.
Mr. YOUNG of Alaska. Madam Chair, again I urge a ``yes'' vote. This
amendment does solve some problems.
And I'd like to address the issue of training. We've been very
fortunate in Alaska. We've used these dollars in training for our
Alaskan Natives very successfully. We have aircraft training programs.
We have carpenter training programs. We're training a group of Alaskan
Natives to do the jobs that they can do not only in their tribal areas,
but in the State itself. It makes for a sound economy.
On the reservation Mr. Cole mentioned, we still have that high rate.
I hope we understand that I'm going to seek a new empowerment act for
the American Indians to make sure that they don't have that high rate
through training, availability, utilization of their land for the
benefit of themselves so, in fact, we can continue to raise their
standard instead of keeping 80 percent unemployment.
Again I urge a ``yes'' vote, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Alaska (Mr. Young).
The amendment was agreed to.
Amendment No. 4 Offered by Mrs. Black
The CHAIR. It is now in order to consider amendment No. 4 printed in
House Report 113-16.
Mrs. BLACK. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 127, line 10, strike ``There'' and insert ``(a) In
General.--There''.
Page 127, after line 13, insert the following:
``(b) Sense of Congress Relating to Administrative Costs.--
It is the sense of Congress that when funds are appropriated
pursuant to the amendment made by subsection (a), the amount
necessary to cover all administrative costs under title I of
the Workforce Investment Act of 1998 should be offset by
funds from the account for the Office for Advocacy and
Outreach of the Department of Agriculture.''.
The CHAIR. Pursuant to House Resolution 113, the gentlewoman from
Tennessee (Mrs. Black) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Tennessee.
Mrs. BLACK. Madam Chairman, I rise today in support of reaffirming
our commitment to upward mobility and greater opportunity for all
Americans.
My amendment would express the sentiment of the House that the
funding for the United States Department of Agriculture, USDA,
marketing and outreach program currently used to increase participation
in the Supplemental Nutrition Assistance Program, SNAP, better known as
``food stamps,'' would instead be used to fund job training programs
contained in the SKILLS Act. These precious taxpayer dollars should be
used to facilitate upward mobility and employment, not dependence.
The USDA created an aggressive outreach program that has grown under
the Obama administration, particularly through the President's stimulus
package. These expanded initiatives include the collaboration between
the USDA and Mexican Government officials to promote participation in
targeted communities, which teaches recruiters how to convince working
class families into public assistance and dependence.
The Obama administration has conducted over 30 meetings with the
Mexican Government personnel since he took office. Since this program
began in 2004, the United States taxpayer has funded this participation
with the Mexican Government to promote the SNAP program by holding 29
health fairs and traveling to 19 cities.
The USDA, in coordination with the Mexican Government, has conducted
an aggressive campaign issuing guidance to State and local agencies
with a record 91 meetings focusing on growing the outreach program to
expand enrollment in SNAP. None of these new meetings were used to
point them in the direction of jobs training programs or employment
searches that would offer much greater opportunity than whatever the
Federal Government would have to offer.
I recently read through this 55-page document put out by the USDA,
entitled, ``SNAP, Guidance on Non-Citizen
[[Page H1474]]
Eligibility,'' that essentially explains every possible scenario for
avenues of going about receiving SNAP assistance. These policies are in
plain conflict with the financial health of the United States, and it
fails to recognize that welfare reform is guided by the moral principle
that good policy helps more people live better lives.
USDA has also used these outreach dollars to hand out a Hunger
Champions award in 2011 to certain workers, which translated to a 10
percent increase in food stamp recipients in just one year.
Under the Obama administration, the number of food stamp recipients
has jumped 46 percent, with one in six Americans living in poverty, and
the administration still continues to undermine work requirements and
effective job training.
We need to reaffirm our belief that we are a Nation of opportunity
and not dependence. The government should not be promoting food stamps.
The government should be using hard-earned taxpayer dollars to help
those who are out of work to acquire skills for jobs that they want and
to achieve the American Dream that they have for them and their
families.
I would now like to enter into a colloquy with the gentleman that is
the chairman of the Committee on Agriculture, Mr. Lucas.
Mr. LUCAS. Will the gentlewoman yield?
Mrs. BLACK. I yield to the gentleman.
Mr. LUCAS. I appreciate the gentlelady from Tennessee's attempt at
reform here. In fact, the farm bill passed by the Agriculture Committee
last Congress accomplished the goal of her amendment by preventing USDA
from promoting the SNAP program.
Our goal in Congress should not be getting more people on the SNAP
rolls. Instead, we should be providing opportunities through increased
economic growth and programs that facilitate upward movement, upward
mobility to get people off the rolls.
I pledge to work with the gentlelady to include language in the farm
bill we intend to bring to the floor later this year to accomplish her
goals.
I thank her for her efforts.
Mrs. BLACK. I thank the chairman. I so appreciate your earnestness in
working together in making sure that we do have upward mobility rather
than dependence.
Madam Chair, I want to again thank the chairman for being willing to
work with me on what I think is a very important issue of making sure
that we help people with upward mobility.
With that, Madam Chair, I ask unanimous consent to withdraw my
amendment.
The CHAIR. Without objection, the amendment is withdrawn.
There was no objection.
Amendment No. 5 Offered by Mr. Garrett
The CHAIR. It is now in order to consider amendment No. 5 printed in
House Report 113-16.
Mr. GARRETT. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 160, line 2, strike ``and'' and after such line insert
the following:
(5) by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following:
``(f) Reduction of Amounts Authorized to Be Appropriated
for Late Reporting.--If a report required to be transmitted
to Congress under this section is not transmitted on or
before the time period specified for that report, amounts
authorized to be appropriated under this title shall be
reduced by 10 percent for the fiscal year that begins after
the date on which the final report required under this
section is required to be transmitted and reduced by an
additional 10 percent each subsequent fiscal year until each
such report is transmitted to Congress.''.
Page 160, line 3, strike ``(5)'' and insert ``(6)''.
Page 160, line 4, strike ``(g)'' and insert ``(h)''.
The CHAIR. Pursuant to House Resolution 113, the gentleman from New
Jersey (Mr. Garrett) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. GARRETT. Madam Chair, I want to thank the chairman, and I also
want to thank the gentlelady from North Carolina--I'm not sure if she's
here right now--for her efforts to make necessary and meaningful
changes and reforms to the SKILLS Act.
The Federal Government spends literally billions and billions of
dollars on workforce training programs every single year. But in 2011,
there was a study done by the GAO, the Government Accountability
Office. They found that very little is actually known about the
effectiveness of a lot of these programs.
So when we're here at a time of constrained spending and constrained
budgets, we have to do everything we can from both sides of the aisle
to ensure that taxpayer dollars are spent wisely and that the
recipients of these dollars or the programs actually get an effective
program at the end of the day. So the SKILLS Act that's before us now
includes provisions mandating--this is good--meaningful evaluations of
these very same programs.
But simply mandating that evaluations be done doesn't really
guarantee that they will actually be conducted. For example, back in
1998, there was the Workforce Investment Act legislation, and it
mandated that the Department of Labor conduct what they called then the
gold standard, if you will, of studies, of job training programs, and
required that those studies be done by 2005. But here as we stand here
now in 2013, those studies still aren't done. In actuality, we checked
into it, and they said they will not be completed until the year 2015.
That's 10 years later than when the studies were supposed to be
completed.
Look, Congress can no longer tolerate the neglect of report
deadlines, especially concerning the effectiveness of Federal programs
that cost us billions of dollars. And when they're not being done
effectively, the people who should be getting the affected programs are
not getting the services they perform.
My amendment simply provides an incentive to the Department of Labor
to conduct these evaluations on time so we can have the information and
the authorizing committees can have the information to do their job, as
well. It does neither the taxpayer nor the job seeker any good at all
if Congress is funding something that is ineffective.
This amendment will put the executive branch on notice, and Congress
is keeping an eye on their performance, and the authorizing committees
can also have more information to do their jobs.
With that, I urge support of this amendment, and I reserve the
balance of my time.
{time} 1050
Mr. HINOJOSA. I rise in opposition to the gentleman's amendment.
The CHAIR. The gentleman from Texas is recognized for 5 minutes.
Mr. HINOJOSA. I yield 2 minutes to the gentlewoman from Texas, Sheila
Jackson Lee.
Ms. JACKSON LEE. I thank the distinguished ranking member of this
committee, and I thank the floor managers. I particularly thank Mr.
Hinojosa for his long service on workforce issues and about higher
education issues to the proponent of the amendment. Certainly, we know
that reporting is important.
What I want to focus on, Madam Chairwoman, is what America is all
about. We are, in fact, the land of opportunity and dreams. We are the
richest country in the world, and our benefit and our success has come
because we have invested in people. As we watched the Depression and
the era of World War II and our soldiers coming home, prosperity began
when we gave them the GI Bill; and here we are today, trying to
undermine under H.R. 803 the very opportunity in States for those
people who are still seeking to climb the ladder.
By block-granting these 35 programs and shifting to our State
governments individual programs that are to serve our adults and youth
and farm workers and dislocated workers, we are going down a road of no
return. We are eliminating the priority of service delivery for low-
income adults and out-of-school youth. We are eliminating the thought
processes that are necessary to know what rural neighborhoods or
communities and urban communities need.
Texas is one of the largest States in the Union, and I can assure you
that eliminating separate training funds for youth programs is
devastating. It was devastating when we lost the summer youth job
program, which I'd always said would have been a more effective
[[Page H1475]]
program if you'd joined it with training. In our local communities,
that's what we did--we joined summer youth jobs with training. Now
you're telling us that we will be eliminated from doing that.
Rather than suggesting that the problems of this deficit are always
on the least, it would be best for us to chronicle how we got here--
billions of dollars in the Iraq war, the Afghanistan war, Medicare part
D, the bailout.
The CHAIR. The time of the gentlewoman has expired.
Mr. HINOJOSA. I yield an additional 20 seconds to the gentlelady.
Ms. JACKSON LEE. I thank the gentleman.
It is important to support the Democratic alternative, which
streamlines and improves the coordination of training programs, which
puts the dollars in community associations that are there on the
ground.
Madam Chair, America is not good with this bill, H.R. 803, but it is
good with the Democratic alternative, which invests in people and makes
America great.
Mr. GARRETT. I begin by saying I associate myself with the words of
the gentlelady over there in that we should not put the burden on the
least in this country, and that's why we support this legislation
before us and this amendment.
I now yield 20 seconds to the chairman of the committee, the
gentleman from Minnesota (Mr. Kline).
Mr. KLINE. I thank the gentleman for yielding, and I thank him for
bringing forward this very solid amendment.
We know that, under Republican administrations and Democrat
administrations, departments are required by law to submit all kinds of
reports, but there are no consequences, so they don't do it, and we
have to do our job in the dark. I appreciate his recognizing this
shortfall and for taking this step, and I support the amendment.
Mr. HINOJOSA. We oppose the amendment, and I yield back the balance
of my time.
Mr. GARRETT. I just want to reiterate that we are on the exact same
page with our colleagues from the other side of the aisle.
We understand the burdens that the Americans across this country are
suffering right now. We understand that the burden and the cuts that we
may have to consider in going forward in this country should not fall
on the least among us, that they should not fall on those who are
without jobs, and that they should not fall on those who are struggling
at the bottom and who are trying to get up to the middle class and to
an even higher rung after that. We have to work together to make sure
that they do not suffer like that, and that's why we have this
amendment.
It is to make sure that every single dollar that we pass in this
Congress and that every single penny that we spend on a program is an
effective dollar, is an effective penny that gets the job done and that
lets them rise out of the depths of despair that they are in to a
higher level, and we want to make sure that we have effective programs.
That's exactly what our amendment would do, and I encourage both sides
of the aisle to join in the support of this legislation.
With that, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New Jersey (Mr. Garrett).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Tierney
The CHAIR. It is now in order to consider amendment No. 6 printed in
House Report 113-16.
Mr. TIERNEY. Madam Chairwoman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Investment Act of 2013''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Purposes and principles.
TITLE I--WORKFORCE INVESTMENT SYSTEMS
Subtitle A--Definitions
Sec. 101. Definitions.
Subtitle B--Statewide and Local Workforce Investment Systems
Sec. 111. State workforce investment boards and requirements for State
plans.
Sec. 112. State unified plan.
Sec. 113. Local workforce investment areas and boards.
Sec. 114. Additional one-stop programs and activities.
Sec. 115. Providers of training services.
Sec. 116. Youth activities.
Sec. 117. Adult and dislocated worker training activities.
Sec. 118. Unified performance accountability system.
Sec. 119. Authorization of funding for one-stop infrastructure.
Subtitle C--Job Corps
Sec. 131. Purposes.
Sec. 132. Definitions.
Sec. 133. Individuals eligible for the Job Corps.
Sec. 134. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 135. Enrollment.
Sec. 136. Job Corps centers.
Sec. 137. Program activities.
Sec. 138. Support.
Sec. 139. Community participation.
Sec. 140. Industry councils.
Sec. 141. Experimental, research, and demonstration projects and
College Corps program.
Sec. 142. Technical amendment.
Sec. 143. Performance accountability and management.
Sec. 144. Authorization of appropriations.
Subtitle D--National Programs
Sec. 151. Native American programs.
Sec. 152. Migrant and seasonal farmworker programs.
Sec. 153. Veterans workforce investment programs.
Sec. 154. Repeal.
Sec. 155. Technical assistance.
Sec. 156. Innovation projects.
Sec. 157. Workforce and youth innovation and best practices grants.
Sec. 158. Evaluations.
Sec. 159. National dislocated worker grants.
Sec. 160. Youthbuild program.
Sec. 161. Authorization of appropriations.
Sec. 162. Transition grants to States.
Sec. 163. Interagency agreement.
Subtitle E--Administration
Sec. 171. Requirements and restrictions.
Sec. 172. Fiscal controls or sanctions.
Sec. 173. Reports, recordkeeping, investigations.
Sec. 174. Administrative provisions.
Sec. 175. Repeals.
Sec. 176. General program requirements.
Sec. 177. Office of Disability Employment Policy.
Sec. 178. Independent evaluation of the efficiency and effectiveness of
the Federal Workforce Investment System.
Subtitle F--Community College to Career Fund
Sec. 181. Community College to Career Fund.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purposes, definitions, and miscellaneous provisions.
Sec. 202. Amendments to subtitle A.
Sec. 203. Amendments to subtitle B.
Sec. 204. Amendments to subtitle C.
Sec. 205. Amendments to subtitle D.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance accountability measures.
Sec. 308. Pilot projects.
Sec. 309. Labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Performance accountability measures.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Client Assistance Program.
Sec. 421. Technical assistance for quality services.
Sec. 422. Pre-employment transition services.
[[Page H1476]]
Sec. 423. American Indian vocational rehabilitation services.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability and Rehabilitation Research.
Sec. 434. Interagency Committee.
Sec. 435. Research and other covered activities.
Sec. 436. Rehabilitation Research Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Training.
Sec. 442. Demonstration and training programs.
Sec. 443. Migrant and seasonal farmworkers.
Sec. 444. Recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Report.
Sec. 452. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Board and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Standards for accessible medical diagnostic equipment.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Projects with industry.
Sec. 462. Authorization of appropriations.
Sec. 463. Supported employment services.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--General Provisions
Sec. 471. Purpose.
Sec. 472. Independent Living Administration.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 476. Responsibilities of the ILA Director.
Chapter 2--Independent Living Services
Sec. 477. Administration.
Chapter 3--Centers for Independent Living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 4--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--Increasing Employment Opportunities for Individuals With
Disabilities
Sec. 491. Disability employment.
Sec. 492. Table of contents.
SEC. 2. PURPOSES AND PRINCIPLES.
The purposes of this Act include the following:
(1) To increase economic growth by improving the education
and skills of American workers.
(2) To ensure middle class prosperity through strong
investment in talent and workforce development.
(3) To prepare the unemployed, the underemployed, and those
most disadvantaged with skills to match up with employer
needs.
(4) To provide individuals streamlined access to in-demand
skills training and employment services by aligning
education, training and workforce investment programs.
(5) To strengthen engagement with employers in in-demand
industries and all sectors to meet the needs of employers.
(6) To improve the competitiveness and dynamism of the
Nation's future workforce by investing in college and career-
ready pathways for young adults.
(7) To ensure accountability and efficiency through system
performance measures that incentivize continuous improvement
in services for workers and employers.
(8) To encourage private sector partnerships connecting
employers, labor unions, community colleges, workforce boards
and related stakeholders to develop workforce skills that
meet employer needs, including career pathways, recognized
postsecondary credentials, and regional planning.
TITLE I--WORKFORCE INVESTMENT SYSTEMS
Subtitle A--Definitions
SEC. 101. DEFINITIONS.
Section 101 is amended--
(1) by striking paragraph (24) and by redesignating--
(A) paragraphs (52) and (53) as paragraphs (60) and (61),
respectively;
(B) paragraphs (40) through (51) as paragraphs (47) through
(58), respectively;
(C) paragraphs (25) through (39) as paragraphs (31) through
(45), respectively;
(D) paragraphs (18) through (23) as paragraphs (25) through
(30), respectively;
(E) paragraph (17) as paragraph (22);
(F) paragraphs (12) through (16) as paragraphs (16) through
(20), respectively;
(G) paragraphs (8) through (11), as paragraphs (11) through
(14), respectively; and
(H) paragraphs (5) through (7) as paragraphs (6) through
(8), respectively;
(2) by inserting after paragraph (4) the following:
``(5) Career pathway.--
``(A) In general.--The term `career pathway' means a
sequence of education, training, and other supportive
services, clearly articulated from one level of instruction
to the next, that are designed to prepare individuals to meet
a set of career-related objectives as referenced in
subparagraph (C).
``(B) Services.--The services referred to in subparagraph
(A) shall be--
``(i) aligned with the skill needs of industries in the
State or regional economy involved;
``(ii) designed to increase an individual's educational and
skill attainment, and improve the individual's employment
outcomes and ability to meet career-related objectives, by--
``(I) preparing individuals for the full range of secondary
or postsecondary education options, including apprenticeships
registered under the Act of August 16, 1937 (commonly known
as the `National Apprenticeship Act'; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.) (referred to individually in this
Act as an `apprenticeship', except in section 273);
``(II) including supportive services and counseling to
support individuals in achieving their education and career
goals;
``(III) including, as appropriate for an individual,
education offered concurrently with and in the context of
workforce preparation activities and training for a specific
occupation or occupational cluster; and
``(IV) when participants are adults, organizing courses to
meet adult participants' needs including flexible scheduling,
multiple entry and exit points (that may correspond with work
and stackable credentials), giving credit for learning toward
credentials and adopting other strategies that accelerate the
educational and career advancement of the participant to the
extent practicable; and
``(iii) at a minimum, provided through the alignment of
core programs authorized under this Act with postsecondary
education and training programs, consistent with descriptions
included in the State and local plans.
``(C) Objectives.--The objectives referred to in
subparagraph (A) include--
``(i) enabling an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1
recognized postsecondary credential; and
``(ii) helping a worker enter or advance within a specific
occupation or occupational cluster.'';
(3) by inserting after paragraph (8) (as so redesignated),
the following:
``(9) Core program.--The term `core programs' means--
``(A) chapter 4 and 5 of subtitle B of title I (relating to
youth workforce investment activities and adult and
dislocated worker employment and training activities);
``(B) title II (relating to adult education and literacy
activities);
``(C) sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) (relating to employment services); and
``(D) title I of the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.), other than section 112 or part C of that title
(29 U.S.C. 732, 741) (relating to vocational rehabilitation
services).
``(10) Costs of infrastructure.--The term `costs of
infrastructure', used with respect to a one-stop center,
means the nonpersonnel costs that are necessary for the
operation of the one-stop center, including the rental costs
of the facilities, the costs of utilities and maintenance,
equipment (including assessment-related products and adaptive
technology for individuals with disabilities), and technology
to facilitate access to the one-stop center.'';
(4) by inserting after paragraph (14) (as so redesignated),
the following:
``(15) Economic self-sufficiency.--The term `economic self-
sufficiency' means, with respect to a worker, earning a wage
sufficient to support a family adequately and, over time, to
save for emergency expenses and adequate retirement income,
based on factors such as--
``(A) family size;
``(B) the cost of living in the worker's community; and
``(C) other factors that may vary by region.'';
(5) by inserting after paragraph (20) (as so redesignated),
the following:
``(21) In-demand industry sector or occupation.--
``(A) In general.--The term `in-demand industry sector or
occupation' means--
``(i) an industry sector that--
``(I) has a substantial current or forecasted impact on the
regional economy overall, including attracting, expanding or
retaining businesses or jobs (including, at a minimum, jobs
that lead to economic self-sufficiency and opportunities for
advancement) in the region;
``(II) contributes to the growth of other supporting
businesses, or the growth of other industry sectors within
the region;
``(III) provides workers with jobs that have competitive,
family-sustaining wages and benefits; and
``(IV) includes occupations that provide opportunities for
career advancement; or
``(ii) an occupation that--
``(I) has a significant presence in an industry sector;
``(II) has a shortage of available skilled workers;
``(III) pays competitive, family-sustaining wages and
benefits that enable workers to
[[Page H1477]]
achieve economic self-sufficiency, or can reasonably be
expected to lead to a position with such wages and benefits;
``(IV) provides opportunities for career advancement; and
``(V) has a significant impact in a region's economy.
``(B) Determination.--The determination of whether an
industry sector or occupation is an in-demand industry sector
or occupation under this paragraph shall be made using
national, State, or regional labor market information.'';
(6) by inserting after paragraph (22) (as so redesignated),
the following:
``(23) Individual with barriers to employment.--The term
`individual with barriers to employment' means an individual
with any characteristic that substantially limits an
individual's ability to obtain employment, including
indicators of poor work history, lack of work experience or
access to employment in nontraditional occupations, long-term
unemployment, lack of educational or occupational skills
attainment, dislocation from high-wage and high-benefit
employment, low levels of literacy or English proficiency,
disability status, homelessness, ex-offender status, or
receipt of welfare.
``(24) Industry or sector partnership.--The term `industry
or sector partnership' means a workforce collaborative that--
``(A) organizes key stakeholders in an industry cluster
into a working group that focuses on the workforce needs of
the industry cluster and that includes, at the appropriate
stage of development of the partnership--
``(i) representatives of multiple businesses or other
employers in the industry cluster, including small and
medium-sized employers when practicable;
``(ii) representatives of a recognized State labor
organization or central labor council, a union representing
employees in the industry or sector and another labor
representative, as appropriate;
``(iii) 1 or more representatives of an institution of
higher education with, or another provider of, education or
training programs that support the industry cluster,
including career and technical education providers; and
``(iv) the State workforce agency providing labor market
information and employment services under the Wagner-Peyser
Act; and
``(B) may include representatives of--
``(i) State or local government;
``(ii) State or local economic development agencies;
``(iii) State boards or local boards, as appropriate;
``(iv) any local board that has established through its
local plan a concentration of an industry cluster within its
area;
``(v) business or trade associations;
``(vi) nonprofit organizations, community-based
organizations, or intermediaries;
``(vii) philanthropic organizations; and
``(viii) other organizations, as determined to be necessary
by the members comprising the industry or sector
partnership.''.
(7) in paragraph (36) (as so redesignated), by striking
``as appropriate to the occupation for which the participant
is being trained'' and inserting ``to a period not in excess
of that generally required for acquisition of skills needed
for the position with a particular occupation and'';
(8) by inserting after paragraph (44) (as so redesignated),
the following:
``(45) Recognized postsecondary credential.--The term
`recognized postsecondary credential' means a credential
awarded by a training provider or educational institution
based on completion of all requirements for a program of
study, including coursework or tests or other performance
evaluations. The term includes an industry-recognized
certificate, a certificate of completion of an
apprenticeship, or an associate or baccalaureate degree.'';
and
(9) by inserting after paragraph (57) (as so redesignated),
the following:
``(58) Workplace learning advisor.--The term `workplace
learning advisor' means an individual employed by an
organization who has the knowledge and skill necessary to
advise other employees of that organization about the
education, skill development, job training, career counseling
services, and credentials, including services provided
through the workforce investment system, required to progress
toward career goals of such employees in order to meet
employer requirements related to job openings and career
advancements that support economic self-sufficiency.''.
Subtitle B--Statewide and Local Workforce Investment Systems
SEC. 111. STATE WORKFORCE INVESTMENT BOARDS AND REQUIREMENTS
FOR STATE PLANS.
(a) Size and Functions of the State Boards.--Section 111 is
amended--
(1) in subsection (b)--
(A) in paragraph (1)(C)--
(i) by amending clause (i)(I), by striking ``including''
and inserting ``shall include''; and
(ii) by amending clause (vi) to read as follows:
``(vi)(I) lead State officials with primary responsibility
for the program and activities that are described in section
121(b)(2)(B)(1) (i) through (iv); and
``(II) the State agency officials responsible for economic
development;''; and
(B) by adding at the end the following:
``(4) Worker representation.--Not less than 20 percent of
the Board shall be comprised of representatives of the
workforce within the State, and--
``(A) shall include representatives described in clause
(iii) of section 117(b)(2)(A);
``(B) may include representatives of community-based
organizations that have demonstrated experience and expertise
in addressing the employment needs of individuals with
barriers to employment, including organizations that provide
or support competitive, integrated employment for individuals
with disabilities; and
``(C) may include representatives of organizations that
have demonstrated experience and expertise in addressing the
employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-
school youth.''.
(2) in subsection (d)--
(A) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (9), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(10) promotion in the development of guidance on career
pathways by aligning workforce investment programs for the
purpose of providing individuals with barriers to employment,
including low-skilled adults and youth, with the employment,
training, education, and supportive services the individuals
need to attain the necessary credentials to secure and
advance in employment;
``(11) promotion in the development of sector initiatives
such as industry or sector partnerships relating to in-demand
industry sectors and occupations;
``(12) provision of guidance on the alignment and delivery
of services between the local boards, one-stop operator, and
State entities carrying out relevant State-administered
programs;
``(13) provision of technical assistance to local boards,
one-stop partners, one-stop operators, and providers, as
appropriate, in local areas concerning planning and
delivering services; and
``(14) staff training and education across programs
supported under workforce investment systems in local
areas.''.
(b) Required Content of State Plans.--Section 112 is
amended--
(1) in subsection (a), by striking ``a single State plan
(referred to in this title as the `State plan')'' and
inserting ``a single State plan (referred to in this title as
the `State plan') that shall include the State plans of all
core program and'';
(2) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (C), by striking ``; and'' and
inserting a semicolon; and
(ii) by adding at the end the following new subparagraphs:
``(E) the State's strategic vision and goals for preparing
an educated and skilled workforce (including preparing youth
and individuals with barriers to employment) and for meeting
the skilled workforce needs of employers, including the
workforce needs for civilian occupations important to
military installations and including goals relating to
performance accountability measures based on primary
indicators of performance described in section 136(b)(2), in
order to support economic growth and economic self-
sufficiency; and
``(F) a strategy not inconsistent with the program
requirements of the core programs for aligning the core
programs, as well as other resources available to the State,
to achieve the strategic vision and goals described in
subparagraph (E), including how the State will meet
performance accountability measures based on the system-wide
indicators described in section 136(b)(2)(A) in order to
support program alignment.'';
(B) in paragraph (8)(A)--
(i) in clauses (ix) and (x), respectively, by striking ``;
and'' and inserting a semicolon; and
(ii) by adding at the end the following:
``(xi) apprenticeship programs registered under the
National Apprenticeship Act (50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.);
``(xii) State labor certification activities for
employment-based immigration programs authorized under the
Immigration and Nationality Act; and
``(xiii) employment, training, and literacy services
carried out by public libraries.'';
(C) in paragraph (12)(B), by inserting before the semicolon
the following: ``, and, after consultation with the local
boards, specifying the minimum amount of Federal assistance
under section 133(b) (2) and (3) provided to each local area
that is to be spent on training'';
(D) in paragraph (17)(B), by striking ``; and'' and
inserting a semicolon;
(E) in paragraph (18)(D), by striking the period and
inserting a semicolon; and
(F) by adding at the end the following:
``(19) a process for providing guidance to local areas and
conducting oversight to ensure implementation of priority of
service for adult employment and training activities; in
accordance with section 134(d)(4)(E);
``(20) a description of how the State will develop and
implement career pathways and career and technical education
by aligning workforce investment programs for the purpose of
providing individuals, including low-skill adults and youth,
with the employment, training, education, and supportive
services the individuals need to attain the necessary
credentials to secure and advance in employment;
``(21) an objective assessment of the needs of individuals
in the State or outlying area for adult education and
literacy activities, including individuals with barriers to
employment;
[[Page H1478]]
``(22) a description of how the eligible agency will
develop program strategies for populations that include, at a
minimum--
``(A) low-income students;
``(B) individuals with disabilities;
``(C) single parents and displaced homemakers; and
``(D) individuals with multiple barriers to educational
enhancement, including individuals with limited English
proficiency; and
``(23) a description of how the adult education and
literacy activities that will be carried out with any funds
received under this subtitle will be integrated with other
adult education, career development, and employment and
training activities in the State or outlying area served by
the eligible agency.''; and
(3) in subsection (c), by striking ``Secretary of'' and
inserting ``appropriate Secretary of each core program''.
SEC. 112. STATE UNIFIED PLAN.
The Workforce Investment Act of 1998 is further amended--
(1) by striking section 501; and
(2) by inserting after section 112 the following:
``SEC. 113. STATE UNIFIED PLAN.
``(a) Purpose.--The purpose of the State unified plan
required by this section is to align education, training, and
workforce development programs in support of a comprehensive
workforce investment system.
``(b) Definition of Appropriate Secretary.--In this
section, the term `appropriate Secretary' means the head of
the Federal agency who exercises administrative authority
over an activity or program described in subsection (c).
``(c) State Unified Plan.--
``(1) In general.--A State shall develop and submit to the
appropriate Secretaries a State unified plan for the core
programs and may develop and submit one or more of the
program and activities described in paragraph (2) in lieu of
submitting two or more plans, for the programs and activities
and the core programs.
``(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
``(A) Career and technical education programs at the
secondary and postsecondary level authorized under the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.).
``(B) Programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
``(C) Programs authorized under section 6(d)(4) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
``(D) Work programs authorized under section 6(o) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
``(E) Activities authorized under chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
``(F) Activities authorized under chapter 41 of title 38,
United States Code.
``(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
``(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
``(I) Employment and training activities carried out by the
Department of Housing and Urban Development.
``(J) Employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.).
``(K) Programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).
``(d) Requirements.--
``(1) In general.--The portion of a unified plan covering
the core programs shall be subject to the requirements of
section 112 and to the additional requirements contained in
the authorizing statute of the core program, if any. The
portion of such plan covering a program or activity described
in subsection (b)(2) shall be subject to the requirements, if
any, applicable to a plan or application for assistance for
that program or activity.
``(2) Additional submission not required.--A State that
submits a State unified plan covering an activity or program
described in subsection (b) that is approved under subsection
(d) shall not be required to submit any other plan or
application in order to receive Federal funds to carry out
the activity or program.
``(3) Coordination.--A State unified plan shall include--
``(A) a description of the methods used for joint planning
and coordination of the programs and activities included in
the unified plan; and
``(B) an assurance that the methods included an opportunity
for the entities responsible for planning or administering
such programs and activities to review and comment on all
portions of the unified plan.
``(e) Approval by the Appropriate Secretaries.--
``(1) Jurisdiction.--The appropriate Secretary shall have
the authority to approve the portion of the State unified
plan relating to the activity or program over which the
appropriate Secretary exercises administrative authority. On
the approval of the appropriate Secretary, the portion of the
plan relating to the activity or program shall be implemented
by the State pursuant to the applicable portion of the State
unified plan.
``(2) Approval of core programs.--No portion of the plan
relating to a core program shall be implemented until the
appropriate Secretary approves the corresponding portions of
the plan for all core programs. Other core programs may
continue in operation while new plan provisions are revised
or are awaiting approval.
``(3) Timing of approval.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a portion of the State unified plan covering the
core programs or a program or activity described in
subsection (a)(2) shall be considered to be approved by the
appropriate Secretary at the end of the 90-day period
beginning on the day the plan is submitted.
``(B) Plan approved by 3 or more appropriate secretaries.--
If an appropriate Secretary other than the Secretary of Labor
or the Secretary of Education has authority to approve a
portion of a unified plan, that portion of the unified plan
shall be considered to be approved by the appropriate
Secretary at the end of the 90-day period beginning on the
day the plan is submitted.
``(C) Disapproval.--The portion shall not be considered to
be approved if the appropriate Secretary makes a written
determination, during the 90-day period, that the portion is
not consistent with the requirements of the Federal law
authorizing or applicable to the program or activity
involved, including the criteria for approval of a plan or
application, if any, under such law, or the plan is not
consistent with the requirements of this section.
``(4) Local jurisdiction.--The appropriate local board
shall approve the portion of the State unified plan relating
to the activity or program over which the appropriate local
board exercises administrative authority. On the approval of
the appropriate local board, the portion of the plan relating
to the activity or program shall be implemented by the State
pursuant to the applicable portion of the State unified
plan.''.
SEC. 113. LOCAL WORKFORCE INVESTMENT AREAS AND BOARDS.
(a) Planning Process for Different Types of Regions.--
Section 116(c)(1) is amended--
(1) by striking ``As part of'' and inserting:
``(A) As part of'';
(2) by striking ``may'' each place it appears and inserting
``shall''; and
(3) by adding at the end the following:
``(B) Planning for cooperative initiatives and
arrangements.--In the regions comprised of 2 or more local
areas, the State shall, in consultation with local boards,
require regional planning, and service delivery, by local
boards in those regions. For the purpose of administrative
efficiency, the State shall require the local boards in a
planning region to participate in a regional planning process
for cooperative initiatives and arrangements that result in--
``(i) the establishment and implementation of regional
service strategies and activities, including service delivery
cooperative arrangements and regional approaches to address
the employment and training needs of the region, including
strategies that meet the need of individuals with barriers to
employment;
``(ii) as appropriate, the development and implementation
of initiatives involving in-demand industry sectors or
occupations;
``(iii) the collection and analysis of regional labor
market data (in conjunction with the State); and
``(iv) the establishment of administrative and
infrastructural cost sharing, as appropriate.
``(C) Regional plans.--The State, after consultation with
the local boards and chief elected officials for the planning
region, shall require the local boards and officials to
collaborate in order to prepare, submit, and obtain approval
of a single regional plan. Such plan shall include a
description of the cooperative initiatives and arrangements
developed pursuant to clause (iii) and incorporate local
plans for each of the local areas in the planning region,
which shall contain strategies that are consistent and
aligned with each other.''.
(b) Composition of the Board and Inclusion of Public
Libraries.--Section 117(b)(2)(A)(iv) is amended by striking
``individuals with disabilities and'' and inserting ``public
libraries, individuals with disabilities, and''.
(c) Worker Representation.--Section 117(b) is further
amended by adding at the end the following:
``(5) Worker representation.--Not less than 20 percent of
the Board shall be comprised of representatives of the
workforce within the local area, and--
``(A) shall include representatives described in clause
(iii) of paragraph (2)(A);
``(B) may include representatives of community-based
organizations that have demonstrated experience and expertise
in addressing the employment needs of individuals with
barriers to employment, including organizations that provide
or support competitive, integrated employment for individuals
with disabilities; and
``(C) may include representatives of organizations that
have demonstrated experience and expertise in addressing the
employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-
school youth.''.
(d) Required Functions of the Local Boards.--Section 117(d)
is amended--
(1) in the matter preceding paragraph (1), by striking
``The functions'' and inserting ``Consistent with section
118, the functions'';
(2) by amending paragraph (1) to read as follows:
[[Page H1479]]
``(1) Local plan.--The local board, in partnership with the
chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets
the requirements in section 118. If the local area is part of
a planning region that includes other local areas, the local
board shall collaborate with the other local boards and chief
elected officials from such other local areas in the
development and submission of the local plan as described in
section 116(c)(1)(A).''; and
(3) in paragraph (3)(B)(i)--
(A) in subclause (II), by inserting ``or the local board''
after ``entity'';
(B) in subclause (III), by inserting ``adult education,
literacy and employment services'' after ``workforce
investment activities'';
(C) in subclause (III)(ii), by adding at the end the
following: ``which staff, including staff of a one-stop
center, report to and are responsible to the local board and
not the chief elected official'';
(4) in paragraph (4) by striking ``with respect'' through
``in local area'' and inserting ``in its local area over the
core programs as described in this Act'';
(5) in paragraph (8)--
(A) in the paragraph heading, by striking ``connecting''
and inserting ``convening'';
(B) by striking ``connecting'' and inserting ``convening'';
and
(C) by adding at the end the following: ``and to link
youth, dislocated workers and others to opportunities for
employment, internships, registered apprenticeships, or work-
based learning''; and
(6) by adding at the end the following new paragraphs:
``(9) Career pathways development.--The local board, in
consultation with the State board and with representatives of
secondary, postsecondary, career and technical education, and
adult education programs, shall lead efforts in the local
area to develop and implement career pathways within the
local area by aligning the employment, training, education,
and supportive services that are needed by adults and youth,
particularly individuals with barriers to employment.
``(10) Workforce research and regional labor market
analysis.--In order to assist in the development and
implementation of the local plan, the local board shall
coordinate with the State public employment services under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) to--
``(A) utilize analyses of the economic conditions in the
region, the needed knowledge and skills for the region, the
workforce in the region, and workforce development activities
(including education and training) in the region described in
section 118(b)(1), and regularly update such information;
``(B) assist the Governor in developing the statewide labor
market information system described in section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)), specifically in the
collection, analysis, and utilization of labor market
information for the region; and
``(C) assemble and utilize such other research, data
collection, and analysis related to the workforce needs of
the regional economy as the board, after receiving input from
a wide array of stakeholders, determines to be necessary to
carry out its functions, including consideration of the
workforce needs for civilian occupations important to
military installations developing strategies across local
areas that will enhance civilian employment opportunities on
local installations.
``(11) Proven and promising practices.--The local board
shall lead efforts in the local area to--
``(A) identify and promote proven and promising strategies
and initiatives for meeting the needs of employers, and
workers and job seekers (including individuals with barriers
to employment) in the local workforce investment system,
including providing physical and programmatic accessibility,
in accordance with section 288 and applicable provisions of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) and section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), to the one-stop delivery system; and
``(B) identify and disseminate information, in coordination
with the Department of Labor and the State board, on proven
and promising practices carried out in other local areas for
meeting such needs.
``(12) Technology.--The local board shall develop
strategies for using technology to maximize the accessibility
and effectiveness of the local workforce investment system
for employers, and workers and job seekers, by--
``(A) facilitating connections among the reporting systems
of the one-stop partner programs to support a comprehensive
workforce investment system in the local area;
``(B) facilitating access to services provided throughout
the one-stop delivery system involved, including facilitating
the access in remote areas;
``(C) identifying strategies for better meeting the needs
of individuals with barriers to employment, including
strategies that augment traditional service delivery and
technologies that increase access to services and programs of
the one-stop delivery system for individuals with
disabilities and other barriers to employment; and
``(D) leveraging resources and capacity within the local
workforce investment system, including resources and capacity
for services for individuals with barriers to employment.
``(13) Advertising.--The local board shall plan for
advertising one-stop services throughout the local area.
``(14) Transition.--The local board shall develop
strategies to ensure that services provided in the local area
are coordinated with and meet the transition goals and
services developed for children with disabilities under
section 614(d)(1)(A)(i)(VIII) of the Individuals with
Disabilities Education Act.
``(15) Literacy.--The local board shall ensure that one-
stop operators in the local area develop and implement
policies to ensure that the literacy and English language
skills of an adult or eligible youth are not barriers to
accessing services, including training services, that are
available to assist individuals obtain and maintain
employment.
``(16) Sector initiatives.--The local board shall develop
and expand sector initiatives in the local area or region
which may include the convening of industry or sector
partnerships relating to in-demand industry sectors and
occupations.''.
(e) Contents of the Local Plan.--Section 118(b) is
amended--
(1) in paragraph (1), by striking ``an identification of--
'' and inserting ``based on a labor market study and input
solicited from local businesses, an identification of--''
(2) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively, and by inserting
after paragraph (6) the following:
``(7) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with apprenticeship programs registered under the National
Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.);''; and
(3) by adding at the end the following:
``(12) a description of the procedure or process for
implementing a priority of service for adult employment and
training activities in accordance with section 134(d)(4)(E);
and
``(13) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with employment, training, and literacy services carried out
by public libraries.''.
SEC. 114. ADDITIONAL ONE-STOP PROGRAMS AND ACTIVITIES.
Section 121 is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)--
(i) in clause (xi), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (xii), by striking the period and inserting
a semicolon; and
(iii) by adding at the end the following:
``(xiii) programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532); and
``(xiv) programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), subject to
subparagraph (C).
``(A) Determination by the governor.--
``(i) In general.--An entity that carries out a program
referred to in subparagraph (B)(xiv) shall be included in the
one-stop partners for the local area, as a required partner,
for purposes of this Act and the other core program
provisions that are not part of this Act, unless the Governor
provides the notification described in clause (ii).
``(ii) Notification.--The notification referred to in
clause (i) is a notification that--
``(I) is made in writing of a determination by the Governor
not to include such entity in the one-stop partners described
in clause (i); and
``(II) is provided to the Secretary and the Secretary of
Health and Human Services.''; and
(B) in paragraph (2)(B), by striking clause (i) and
redesignating clauses (ii) through (v) as clauses (i) through
(iv), respectively; and
(2) in subsection (e)--
(A) by striking ``If a one-stop'' and inserting:
``(1) Existing systems.--If a one-stop''; and
(B) by adding at the end the following:
``(2) Collocation of wagner-peyser services.--Consistent
with section 3(d) of the Wagner-Peyser Act (29 U.S.C.
49b(d)), and in order to improve service delivery, avoid
duplication of services, and enhance coordination of
services, the employment service offices in each State and
the one-stop centers established under this title shall be
collocated to the extent practicable.
``(3) Use of common one-stop delivery system identifier.--
Each one-stop delivery system shall include in the
identification of products, programs, activities, services,
facilities, and related property and materials, a common one-
stop delivery identifier. The identifier shall be developed
by the Secretary of Labor, in consultation with heads of
other appropriate departments and agencies, and
representatives of State boards and local boards and of other
stakeholders in the one-stop delivery system, not later than
the beginning of the second full program year after the date
of enactment of this Act. Such common identifier may consist
of a logo, phrase, or other identifier that informs users of
the one-stop delivery system that such product, programs,
activities, services, facilities, property, or materials are
being provided through such system. Nothing in this paragraph
shall be construed to prohibit one-stop partners, States, or
local areas from having additional identifiers.''.
SEC. 115. PROVIDERS OF TRAINING SERVICES.
Section 122 is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``or certificate''
and inserting ``recognized postsecondary credential''; and
(ii) in subparagraph (C), by inserting ``, which may
include joint labor-management
[[Page H1480]]
organizations, sector partnerships, and eligible providers of
adult education and literacy activities under title II if
such activities are provided in combination with occupational
skills training'' before the period; and
(B) by adding at the end the following:
``(3) Inclusion on list of eligible providers.--A private
provider described in subparagraph (C) of paragraph (2) shall
comply with the criteria, information requirements, and
procedures established under this section to be included on
the list of eligible training services described in paragraph
(3). A public provider described in subparagraph (A) and a
provider described in subparagraph (B) of paragraph (2) shall
be included and maintained on the list of eligible providers
of training services described in subsection (d) for so long
as they comply with the requirements of this section and for
so long as a provider described in subparagraph (B) remains
registered as described in such subparagraph.'';
(2) in subsection (d)(1)(A) is amended by adding at the end
the following:
``(iii) information on the performance of the provider with
respect to the performance accountability measures described
in section 136 for such participants (taking into
consideration the characteristics of the population served
and relevant economic conditions), and information specifying
the percentage of such participants who entered unsubsidized
employment in an occupation related to the program, to the
extent practicable; and
``(iv) information on secondary or postsecondary diploma or
its recognized equivalent, or recognized postsecondary
credentials received by such participants; and'';
(3) in subsection (e), by inserting after the first
sentence the following: ``The list of providers shall also be
based on the identified labor market needs of employers in
the local area based on input solicited from local business
and identified in the local plan pursuant to section
118(b)(1).''; and
(4) in subsection (h)--
(A) in the subsection heading, by striking ``or Customized
Training'' and inserting ``Incumbent Worker Training,
Customized Training, and Other Training Exceptions''; and
(B) in paragraph (1), by striking ``or customized
training'' and inserting ``incumbent worker training,
customized training, internships, and paid or unpaid work
experience opportunities, or transitional employment''.
SEC. 116. YOUTH ACTIVITIES.
(a) Definition of Disadvantaged Youth and State
Allotments.--Section 127 is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall use the amount
appropriated under section 137(a) for a fiscal year to make
allotments and grants in accordance with subparagraphs (A)
and (B) of subsection (b)(1) and make funds available for use
under section 166 (relating to Native American programs).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively; and
(B) in paragraph (2) by amending subparagraph (C) to read
as follows:
``(C) Disadvantaged youth.--Subject to paragraph (3), the
term `disadvantaged youth' means an individual who--
``(i) is age 16 through 24; and
``(ii) received an income, or is a member of a family that
received a total family income, that, in relation to family
size, does not exceed 150 percent of the poverty line.''; and
(3) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance from State allotments to the State at the end of the
program year prior to the program year for which the
determination is made, exceeds 10 percent of the total amount
of funds available to the State for that prior program year,
consisting of the State allotment to the State for such prior
program year (including amounts from State allotments to the
State, for all program years before that prior program year)
that remained available.''.
(b) Within State Allocations.--Section 128(c)(2) is amended
to read as follows:
``(2) Amount.--
``(A) In general.--The amount available for allocation for
a program year is equal to the amount by which the balance
that is unobligated and unencumbered for training services at
the end of the program year prior to the program year for
which the determination is made, exceeds 10 percent of the
total amount of funds available to the local area for that
prior program year, consisting of the local allocation to the
local area for such prior program year (including amounts
from local allocations to the local area, for all program
years before that prior program year) that remained
available.
``(B) Balance of funds.--For purposes of this paragraph,
the balance that is unobligated and unencumbered for training
services is the amount that is the difference between--
``(i) the total amount of funds available to the local area
under this section for that prior program year consisting of
the local allocation to the local area for such prior program
year (including amounts from local allocations to the local
area for all program years before that prior program year)
that remained available; and
``(ii) the amount, from that total amount of available
funds, that is obligated or encumbered (in accordance with
generally accepted accounting principles) for training
services during such prior program year, except that for
purposes of this paragraph the amount included as encumbered
for raining services shall not exceed 10 percent of the total
amount of available funds described in clause (i).''.
(c) Required Statewide Youth Activities.--Section 129(b)(2)
is amended--
(1) in subparagraph (C)--
(A) by inserting ``, or that fail to meet local performance
accountability measures,'' after ``concentrations of eligible
youth''; and
(B) by striking the period at the end and inserting ``;
and''; and
(2) by adding at the end the following new subparagraph:
``(D) providing technical assistance to, as appropriate,
local boards, one-stop operators, and eligible providers,
including support for the training or staff in evidence-based
practices for serving eligible youth (including joint
training) and facilitating remote access to services provided
through the one-stop delivery system.''.
(d) Local Elements and Requirements.--Section 129(c) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``shall identify an''
and inserting ``shall identify career pathways that include
education and employment goals''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``, in appropriate cases'';
(ii) in clause (ii), by striking ``strong linkages between
academic and occupational learning'' and inserting
``activities leading to the attainment of a secondary school
diploma or its recognized equivalent, or a recognized
postsecondary credential''; and
(iii) in clause (iv)--
(I) by inserting ``employers, including small employers,
and in-demand occupations'' after ``effective connections
to''; and
(II) by striking subclauses (I) and (II);
(2) in paragraph (2)--
(A) by striking subparagraph (C) and redesignating
subparagraphs (D) through (J) as subparagraphs (C) through
(I), respectively;
(B) in subparagraph (C) (as so redesignated)--
(i) by striking ``work experiences as appropriate,'' and
inserting ``work experiences that include academic, area
career and technical education or occupational education to
ensure youth are college and career ready,''; and
(ii) after ``including internships,'' by inserting ``summer
employment, pre-apprenticeships programs, on-the-job
training,'';
(C) in subparagraph (E) (as so redesignated), by inserting
``such as youth service and conservation corps,'' after
``include community service'';
(D) in subparagraph (F) (as so redesignated), by inserting
``, financial literacy education, and entrepreneurial skills
training'' after ``supportive services''; and
(E) in subparagraph (I) (as so redesignated), after
``which'', by inserting ``shall include career counseling and
career exploration services, as appropriate, and'';
(3) in paragraph (3)(C), by inserting ``and family members,
mentors,'' after ``parents''; and
(4) by amending paragraph (4)(A) to read as follows:
``(A) In general.--For any program year, not less than 60
percent of the funds described in paragraph (1) shall be used
to provide youth workforce investment activities for out-of-
school youth.''.
SEC. 117. ADULT AND DISLOCATED WORKER TRAINING ACTIVITIES.
(a) Definition of Disadvantaged Adult.--Section
132(b)(1)(v)(IV) is amended by striking ``does not exceed and
all that follow'' and inserting ``150 percent of the poverty
line.''.
(b) Reallotment.--Section 132(c)(2) is amended to read as
follows:
``(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance from State allotments to the State at the end of the
program year prior to the program year for which the
determination is made, exceeds 10 percent of the total amount
of funds available to the State for that prior program year,
consisting of the State allotment to the State for such prior
program year (including amounts from State allotments to the
State, for all program years before that prior program year)
that remained available.''.
(c) Transfer Authority.--Section 133(b)(4) is amended by
striking ``20 percent'' both places it appears and inserting
``30 percent''.
(d) Within State Reallocation.--Section 133(c) 2 is amended
to read as follows:
``(2) Amount.--
``(A) In general.--The amount available for allocation for
a program year is equal to the amount by which the balance
that is unobligated and unencumbered for training services at
the end of the program year prior to the program year for
which the determination is made, exceeds 10 percent of the
total amount of funds available to the local area for that
prior program year, consisting of the local allocation to the
local area for such prior program year (including amounts
from local allocations to the local area, for all program
years before that prior program year) that remained
available.
[[Page H1481]]
``(B) Balance of funds.--For purposes of this paragraph,
the balance that is unobligated and unencumbered for training
services is the amount that is the difference between--
``(i) the total amount of funds available to the local area
under this section for that prior program year consisting of
the local allocation to the local area for such prior program
year (including amounts from local allocations to the local
area for all program years before that prior program year)
that remained available; and
``(ii) the amount, from that total amount of available
funds, that is obligated or encumbered (in accordance with
generally accepted accounting principles) for training
services during such prior program year, except that for
purposes of this paragraph the amount included as encumbered
for raining services shall not exceed 10 percent of the total
amount of available funds described in clause (i).''.
(e) Use of Unobligated Rapid-Response Funds.--Section
134(a)(2) is amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(B) by striking ``A State shall use'' and inserting:
``(i) In general.--A State shall use''; and
(C) by adding at the end the following:
``(ii) Use of unobligated funds.--Funds reserved by a
Governor under section 133(a)(2) to carry out this
subparagraph that remain unobligated after the first program
year for which such funds were allotted may be used by the
Governor to carry out statewide activities authorized under
subparagraph (B) or paragraph (3)(A), in addition to
activities under this subparagraph.''; and
(2) in subparagraph (B)--
(A) in clause (v), by striking ``; and'' and inserting a
semicolon;
(B) in clause (vi), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(vii) developing, implementing, and using layoff aversion
strategies in collaboration with appropriate economic
development and private sector entities, for implementation
of strategies that may include early identification of firms
at risk of layoffs, use of feasability studies to assess the
needs of and options for at-risk firms and the delivery of
employment, training, economic development, investment and
financial restructuring activities to address identified risk
factors.''.
(f) Shared Services.--Section 134(d)(1)(B) is amended--
(1) by striking ``A portion'' and inserting the following:
``(i) In general.--A portion''; and
(2) by adding at the end the following:
``(ii) Additional costs of one-stop.--Subject to the
memorandum of understanding described in section 121(c) for
the one-stop delivery system involved, in addition to the
funds provided for one-stop infrastructure described in
section 137(d), a portion of funds made available under
Federal law authorizing the programs described in section
121(b) and administered by one-stop partners, or the noncash
resources available under such programs, shall be used to pay
the additional costs relating to the operation of the one-
stop delivery system that are not paid from the funds
provided under section 137(d), as determined in accordance
with clause (iv), to the extent not inconsistent with the
Federal law involved. Such costs shall include the costs of
the provision of core services described in section 134(d)(2)
applicable to each program and may include common costs that
are not paid from the funds provided under section 137(d).
``(iii) Shared services.--Costs of shared services may
include costs of services that are authorized for and may be
commonly provided through the one-stop partner programs to
any individuals, such as initial intake, assessment of needs,
appraisal of basic skills, identification of appropriate
services to meet such needs, referrals to other one-stop
partners, and other similar services.
``(iv) Determination and guidance.--The method for
determining the appropriate portion of funds and noncash
resources to be provided by the one-stop partner for each
program for a one-stop center shall be determined as part of
the development of the memorandum or understanding under
subsection (c) for the one-stop center and shall be stated in
the memorandum. The State board shall provide guidance to
facilitate the determination, for purposes of the memorandum
of understanding, of an appropriate allocation of the funds
and noncash resources in local areas.''.
(g) Training Services.--Section 134(d)(4) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(iii) Rule of construction.--Nothing in this paragraph
shall be construed to require an individual to receive core
or intensive services under paragraphs (2) or (3),
respectively, prior to receiving training services under this
paragraph.'';
(2) in subparagraph (D)--
(A) in clause (ix), by striking ``; and'' and inserting a
semicolon; and
(B) by adding at the end the following:
``(x) education, training, and skill upgrading for
individuals to work and maintain proficiency as workplace
learning advisors in programs sponsored by employers or joint
labor-management partnerships.'';
(3) in subparagraph (E)--
(A) by striking ``In the event'' through ``priority'' and
inserting ``With respect to funds allocated to a local area
for adult employment and training activities, priority'';
(B) by inserting ``individuals with barriers to
employment'' after ``public assistance and other''; and
(C) by striking ``making determination related to'' and
inserting ``implementing'';
(4) by striking subparagraph (G) and inserting the
following:
``(G) Use of individual training accounts.--
``(i) In general.--Except as provided in clause (ii),
training services provided under this paragraph shall be
provided through the use of individual training accounts in
accordance with this paragraph, and shall be provided to
eligible individuals through the one-stop delivery system.
``(ii) Training contracts.--Training services authorized
under this paragraph may be provided pursuant to a contract
for services in lieu of an individual training account if--
``(I) the requirements of subparagraph (F) are met;
``(II) such services are on-the-job training, registered
apprenticeships, customized training, incumbent worker
training, entrpreneurial skills training, or transitional
employment;
``(III) the local board determines there are an
insufficient number of eligible providers of training
services in the local area involved (such as in a rural area)
to accomplish the purposes of a system of individual training
accounts;
``(IV) the local board determines that there is a training
services program of demonstrated effectiveness offered in the
local area by a community-based organization or another
private organization to serve individuals with barriers to
employment; or
``(V) the local board determines that it would be most
appropriate to award a contract to an institution of higher
education or other eligible provider of training services,
including area career and technical education centers in
order to facilitate the training of multiple individuals in
in-demand industry sectors or occupations and that such
contract does not limit customer choice.
``(iii) Linkage to occupations in demand.--Training
services provided under this paragraph shall be directly
linked to an in-demand industry sector or occupation in the
local area or region, or in another area to which an adult or
dislocated worker receiving such services is willing to
relocate, except that a local board may approve training
services for occupations determined by the local board to be
in sectors of the economy that have a high potential for
sustained demand or growth in the local area.
``(iv) Rule of construction.--Nothing in this paragraph
shall be construed to preclude the combined use of individual
training accounts and contracts in the provision of training
services, including arrangements that allow individuals
receiving individual training accounts to obtain training
services that are contracted for under clause (ii).''; and
(5) by adding at the end the following:
``(H) Reimbursement for on-the-job training.--
``(i) Reimbursement level.--For purposes of the provision
of on-the-job training under this paragraph, the Governor or
local board involved may increase the amount of the
reimbursement described in section 101(31) to an amount of up
to 75 percent of the wage rate of a participant for a program
carried out under this chapter, if, respectively--
``(I) the Governor approves the increase with respect to a
program carried out with funds reserved by the State under
that chapter, taking into account the factors described in
clause (ii); or
``(II) the local board approves the increase with respect
to a program carried out with funds allocated to a local area
under such chapter, taking into account those factors.
``(ii) Factors.--For purposes of clause (i), the Governor
or local board, respectively, shall take into account factors
consisting of--
``(I) the characteristics of the participants;
``(II) the size and resources of the employer;
``(III) the likely employment opportunities available to
workers who complete an on-the-job training program; and
``(IV) such other factors as the Governor or local board,
respectively, may determine to be appropriate, which may
include the number of employees participating in the
training, wage and benefit levels of those employees (at
present and anticipated upon completion of the training),
relation of the training to the competitiveness of a
participant, and other employer-provided training and
advancement opportunities.''.
(h) Incumbent Worker Training Programs and Transitional
Jobs.--Section 134(e) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) work support activities designed to assist low-wage
workers in retaining and enhancing employment, such as the
provision of activities described in this section during
nontraditional hours and the provision of child care while
such activities are being provided.''; and
(2) by adding at the end the following new paragraphs:
[[Page H1482]]
``(4) Incumbent worker training programs.--
``(A) In general.--
``(i) Standard reservation of funds.--Except as provided in
clause (ii), the local board may reserve and use not more
than 15 percent of the funds allocated to the local area
involved under section 133(b) to pay for the Federal share of
the cost of providing training through a training program for
incumbent workers, carried out in accordance with this
paragraph.
``(ii) Increased reservation of funds.--If the local board
determines that there is sufficient evidence that use of the
funds reserved under clause (i) led to employee retention by
and contributed to creation of new jobs with employers that
participated in incumbent worker training programs, the local
board may reserve and use not more than a total of 20 percent
of such funds to pay for the Federal share of such costs.
``(iii) Determination of eligibility.--For the purpose of
determining the eligibility of an employer to receive funding
under clause (i), the local board shall take into account
factors consisting of--
``(I) the characteristics of the participants in the
program;
``(II) the relationship of the training to the
competitiveness of a participant and the employer; and
``(III) such other factors as the local board may determine
to be appropriate, which may include the number of employees
participating in the training, the wage and benefit levels of
those employees (at present and anticipated upon completion
of the training), and the existence of other training and
advancement opportunities provided by the employer.
``(iv) Statewide impact.--The Governor or State board
involved may make recommendations to the local board for
providing incumbent worker training that has statewide
impact.
``(B) Training activities.--The training program for
incumbent workers carried out under this paragraph shall be
carried out by the local board in conjunction with the
employers or groups of employers of such workers, or a labor-
management partnership, including joint registered
apprenticeship programs, for the purpose of assisting such
workers in obtaining the skills necessary to retain
employment or avert layoffs.
``(C) Employer payment of non-federal share.--Employers
participating in the program carried out under this paragraph
shall be required to pay for the non-Federal share of the
cost of providing the training to incumbent workers of the
employers.
``(D) Non-federal share.--
``(i) Factors.--Subject to clause (ii), the local board
shall establish the non-Federal share of such cost (taking
into consideration such other factors as the number of
employees participating in the training, the wage and benefit
levels of the employees (at the beginning and anticipated
upon completion of the training), the relationship of the
training to the competitiveness of the employer and
employees, and the availability of other employer-provided
training and advancement opportunities).
``(ii) Limits.--The non-Federal share shall not be less
than--
``(I) 10 percent of the cost for employers with not more
than 50 employees;
``(II) 25 percent of the cost, for employers with more than
50 employees but not more than 100 employees; and
``(III) 50 percent of the cost, for employers with more
than 100 employees.
``(iii) Calculation of employer share.--The non-Federal
share provided by an employer participating in the program
may include the amount of the wages paid by the employer to a
worker while the worker is attending a training program under
this paragraph.
``(E) Worker protections.--If an incumbent worker training
program is proposed for an employer whose workers are covered
by a collective bargaining agreement, the union representing
those workers will be consulted regarding the incumbent
worker training program and concur prior to the start of the
program.
``(5) Transitional jobs.--The local board may use not more
than 15 percent of the funds allocated to the local area
involved under section 133(b) to provide transitional jobs
under subsection (c)(4) that--
``(A) are time-limited work experiences in integrated
settings that are subsidized and are in the public, private,
or nonprofit sectors for individuals with barriers to
employment who are chronically unemployed, have no employment
experience or have an inconsistent work history;
``(B) are combined with comprehensive employment and
supportive services;
``(C) are designed to assist the individuals described in
subparagraph (A) to establish a work history, demonstrate
success in the workplace, and develop the skills that lead to
entry into and retention in unsubsidized employment; and
``(D) assist in placement or hiring to an unsubsidized
job.''.
SEC. 118. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 136 is amended to read as follows:
``SEC. 136. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM.
``(a) Purpose.--The purpose of this section is to establish
shared performance accountability measures that apply across
the core programs to assess the effectiveness of States and
local areas in achieving positive outcomes for individuals
served by those programs.
``(b) State Unified Performance Accountability Measures.--
``(1) In general.--For each State, the unified performance
accountability measures for the core programs shall consist
of--
``(A)(i) the primary indicators of performance described in
paragraph (2)(A); and
``(ii) the additional indicators of performance (if any)
identified by the State under paragraph (2)(B); and
``(B) A State adjusted level of performance for each
indicator described in subparagraph (A).
``(2) Indicators of performance.--
``(A) Primary indicators of performance.--
``(i) In general.--The State primary indicators of
performance for activities provided under the adult and
dislocated worker programs authorized under chapter 6 of
subtitle B of title I, the program of adult education and
literacy activities authorized under title II, the employment
services program authorized under sections 1 through 13 of
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that
subclauses (IV) and (V) shall not apply to such program), and
the program authorized under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.), other than section 112
or part C of that title (29 U.S.C. 732, 741), shall consist
of--
``(I) the percentage and number of program participants who
are in unsubsidized employment during the second quarter
after exit from the program;
``(II) the percentage and number of program participants
who are in unsubsidized employment during the fourth quarter
after exit from the program;
``(III) the median earnings of program participants who are
in unsubsidized employment during the second quarter after
exit from the program compared to the median earnings of such
participants prior to the training;
``(IV) the percentage of program participants who obtain a
recognized postsecondary credential, including in a
registered apprenticeship or on-the-job training program, or
a secondary school diploma or its recognized equivalent
(subject to clause (iii)), during participation in or within
1 year after exit from the program;
``(V) the percentage of program participants who, during a
program year, are in an education or training program,
including a registered apprenticeship or on-the-job training
program, that leads to a recognized postsecondary credential
or a secondary school diploma or its recognized equivalent,
or employment and who are achieving measurable basic skill
gains toward such a credential or employment; and
``(VI) the indicators of effectiveness in serving employers
established pursuant to clause (iv).
``(ii) Primary indicators of performance for eligible
youth.--The primary indicators of performance for the youth
program authorized under chapter 4 of this subtitle shall
consist of--
``(I) the percentage and number of program participants who
are in education or training activities, or in unsubsidized
employment during the second quarter after exit from the
program;
``(II) the percentage and number of program participants
who are in education or training activities, or in
unsubsidized employment, during the fourth quarter after exit
from the program;
``(III) the median earnings of program participants who are
in unsubsidized employment during the second quarter after
exit from the program compared to the median earnings of such
participants prior to the training;
``(IV) the percentage of program participants who obtain a
recognized postsecondary credential described in clause
(i)(IV), or a secondary school diploma or its recognized
equivalent subject to clause (iii) during participation in or
within 1 year after exit from the program;
``(V) the percentage of program participants who, during a
program year, are in an education or training program that
leads to a recognized postsecondary credential or a secondary
school diploma or its recognized equivalent, or employment
and who are achieving measurable basic skill gains toward
such a secondary credential or employment; and
``(VI) the indicators of effectiveness in serving employers
established pursuant to clause (iv).
``(iii) Indicator relating to credential.--For purposes of
clause (i)(IV) or (ii)(IV), program participants who obtain a
secondary school diploma or its recognized equivalent shall
be included in the percentage counted as meeting the
criterion under such clause only if such participants, in
addition to obtaining such diploma or its recognized
equivalent, have obtained or retained employment, have been
removed from public assistance, or are in an education or
training program leading to a recognized postsecondary
credential described in clause (i)(IV) within 1 year after
exit from the program.
``(iv) Indicator for services to employers.--Prior to the
commencement of the second full program year after the date
of enactment of this Act, for purposes of clauses (i)(VI) and
(ii)(V), the Secretary of Labor and the Secretary of
Education after consultation with the representatives
described in subsection (h)(2), shall jointly develop and
establish, for purposes of this subparagraph, 1 or more
primary indicators of performance
[[Page H1483]]
that indicate the effectiveness of the core programs in
serving employers.
``(B) Additional indicators.--A State may identify in the
State plan additional performance accountability indicators.
``(3) Levels of performance.--
``(A) State adjusted levels of performance for primary
indicators.--
``(i) In general.--For each State submitting a State plan,
there shall be established, in accordance with this
subparagraph, levels of performance for each of the
corresponding primary indicators of performance described in
paragraph (2) for each of the programs described in clause
(ii).
``(ii) Included programs.--The programs included under
clause (i) are--
``(I) the youth program authorized under chapter 4 of this
subtitle;
``(II) the adult program authorized under chapter 5 of this
subtitle;
``(III) the dislocated worker program authorized under
chapter 5 of this subtitle;
``(IV) the program of adult education and literacy
activities authorized under title II;
``(V) the employment services program authorized under
sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49
et seq.); and
``(VI) the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741).
``(iii) Identification of state plan.--Each State shall
identify, in the State plan, expected levels of performance
for each of the corresponding primary indicators of
performance for each of the programs described in clause (ii)
for the first 2 program years covered by the State plan.
``(iv) Agreement of state adjusted levels of performance.--
``(I) First 2 years.--The State shall reach agreement with
the Secretary of Labor and the Secretary of Education on
levels of performance for each indicator described in clause
(iii) for each of the programs described in clause (ii) for
each of the first 2 program years covered by the State plan.
In reaching the agreement, the State and Secretaries shall
take into account the levels identified in the State plan
under clause (iii) and the factors described in clause (v).
The levels agreed to shall be considered to be the State
adjusted levels of performance for the State for such program
years and shall be incorporated into the State plan prior to
the approval of such plan.
``(II) Third and fourth year.--The State and the
Secretaries shall reach agreement, prior to the third program
year covered by the State plan, on levels of performance for
each indicator described in clause (iii) for each of the
programs described in clause (ii) for each of the third and
fourth program years covered by the State plan. In reaching
the agreement, the State and Secretaries shall take into
account the factors described in clause (v). The levels
agreed to shall be considered to be the State adjusted levels
of performance for the State for such program years and shall
be incorporated into the State plan as a modification to the
plan.
``(v) Factors.--In reaching the agreements described in
clause (iv), the State and Secretaries shall--
``(I) take into account how the levels involved compare
with the State adjusted levels of performance established for
other States;
``(II) ensure that the levels involved are adjusted, using
the objective statistical model established by the
Secretaries pursuant to clause (viii), based on the
difference among States in economic conditions (including
differences in unemployment rates and job losses or gains in
particular industries) and the characteristics of
participants when the participants entered the program
involved, including indicators of poor work history, lack of
work experience, lack of educational or occupational skills
attainment, dislocation from high-wage and high-benefit
employment, low levels of literacy or English proficiency,
disability status, homelessness, ex-offender status, and
welfare dependency;
``(III) take into account the extent to which the levels
involved promote continuous improvement in performance
accountability on the performance accountability measures by
such State and ensure optimal return on the investment of
Federal funds; and
``(IV) take into account the extent to which the levels
involved will assist the State in meeting the goals described
in clause (vi).
``(vi) Goals.--In order to promote enhanced performance
outcomes and to facilitate the process of reaching agreements
with the States under clause (iv), the Secretary of labor and
the Secretary of Education shall establish performance goals
for the core programs, in accordance with the Government
Performance and Results Act of 1993 and in consultation with
States and other appropriate parties. Such goals shall be
long-term goals for the adjusted levels of performance to be
achieved by each of the programs described in clause (ii)
regarding the corresponding primary indicators of performance
described in paragraph (2)(A).
``(vii) Revisions based on economic conditions and
individuals served during the program year.--The Secretary of
Labor and the Secretary of Education shall, in accordance
with the objective statistical model developed pursuant to
clause (viii), revise the State adjusted levels of
performance applicable for each of the programs described in
clause (ii), for a program year and a State, to reflect the
economic conditions and characteristics of participants (as
described in clause (v)(II)) in that program during such
program year in a such State.
``(viii) Statistical adjustment model.--The Secretary of
Labor and the Secretary of Education, after consultation with
the representatives described in subsection (h)(2), shall
develop and disseminate an objective statistical model that
will be used to make the adjustments in the State adjusted
levels of performance for economic conditions and
characteristics of participants under clauses (v) and (vii).
``(B) Levels of performance for additional indicators.--The
State may identify, in the State plan, State levels of
performance for each of the additional indicators identified
under paragraph (2)(B). Such levels shall be considered to be
State adjusted levels of performance for purposes of this
section.
``(C) Alternate guidelines for measuring performance for
entrepreneurial training services.--The Secretary of Labor
shall establish alternate guidelines for measuring the
progress of State and local performance for entrepreneurial
training services, as authorized in section 134(d)(4)(D)(vi)
and provide the State and local Workforce Investment Boards
with specific guidance on successful approaches to collecting
performance information on entrepreneurial self employment.
In determining the alternate guidelines, the Secretary shall
consider utilizing a State's waiver authority, as authorized
in section 189(i)(4).
``(c) Local Performance Accountability Measures.--
``(1) In general.--For each local area in a State
designated under section 116, the local performance
accountability measures for each of the program described in
subclauses (I) through (III) of subsection (b)(3)(A)(ii)
shall consist of--
``(A)(i) the primary indicators of performance described in
subsection (b)(2)(A) that are applicable to such programs;
and
``(ii) additional indicators of performance, if any,
identified by the State for such programs under subsection
(b)(2)(B); and
``(B) the local level of performance for each indicator
described in subparagraph (A).
``(2) Local level of performance.--The local board, the
chief elected official, and the Governor shall negotiate and
reach agreement on local levels of performance based on the
State adjusted levels of performance established under
subsection (b)(3)(A).
``(3) Adjustment factors.--In negotiating the local levels
of performance, the local board, the chief elected official,
and the Governor shall make adjustments for the expected
economic conditions and the expected characteristics of
participants to be served in the local area, using the
statistical adjustment model developed pursuant to subsection
(b)(3)(A)(viii). In addition, the negotiated local levels of
performance applicable to a program year shall be revised to
reflect the economic conditions experienced and the
characteristics of the populations served in the local area
during such program year using the statistical adjustment
model.
``(d) Performance Accountability Reports.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Workforce Investment Act of 2012, the
Secretary of Labor and the Secretary of Education shall
jointly develop a template for performance reports that shall
be used by States, local boards, and eligible providers of
training services under section 122 to report on outcomes
achieved by the core programs, and to report on quantifiable
benchmarks established in the State plan as described in
section 112 or the State unified plan described in section
113 that demonstrate annual improvement with respect to each
of the system-wide performance indicators established under
subsection (j)(2) of this section.
``(2) Contents of state performance reports.--The
performance report for a State shall include, subject to
paragraph (5)(C)--
``(A) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the
programs described in subsection (b)(3)(A)(ii) and the State
adjusted levels of performance with respect to such
indicators for each program;
``(B) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the
programs described in subsection (b)(3)(A)(ii) with respect
to individuals with barriers to employment, disaggregated by
each subpopulation of such individuals;
``(C) the total number of participants served by each type
of service of the programs described in subsection
(b)(3)(A)(ii), and the types of core, intensive, and training
services provided;
``(D) the number of individuals with barriers to employment
served by each type of service by each of the programs
described in subsection (b)(3)(A)(ii), disaggregated by each
subpopulation of such individuals;
``(E) the number of participants who are enrolled in more
than 1 of the programs described in subsection (b)(3)(A)(ii);
and
``(F) other information that facilitates comparisons of
programs with programs in other States.
``(3) Contents of local area performance reports.--The
performance reports for a local area shall include, subject
to paragraph (5)(C)--
``(A) information specifying the levels of performance
achieved with respect to the
[[Page H1484]]
primary indicators of performance described in subsection
(b)(2)(A) for each of the programs described in subclauses
(I) through (III) of subsection (b)(3)(A)(ii), and the local
adjusted levels of performance with respect to such
indicators for each program;
``(B) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the
programs described in subclauses (I) through (III) of
subsection (b)(3)(A)(ii) with respect to individuals with
barriers to employment, disaggregated by each subpopulation
of such individuals;
``(C) the total number of participants served by each of
the programs described in subclauses (I) through (III) of
subsection (b)(3)(A)(ii), and the types of core, intensive,
and training services provided;
``(D) the number of individuals with barriers to employment
served by each of the programs described in subclauses (I)
through (III) of subsection (b)(3)(A)(ii), disaggregated by
each subpopulation of such individuals;
``(E) the number of participants who are enrolled in any of
the programs described in subclauses (I) through (III) of
subsection (b)(3)(A)(ii) who are enrolled in more than 1
program described in subsection (b)(3)(A)(ii); and
``(F) other information that facilitates comparisons of
programs with programs in other local areas (or planning
regions, as appropriate).
``(4) Contents of eligible training providers performance
reports.--The performance report for an eligible provider of
training services under section 122 shall include, subject to
paragraph (5)(C), with respect to each program of training
services, including core, intensive, and training services,
of such provider--
``(A) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) with respect to participants served
under the adult and dislocated worker programs under chapter
5 of this subtitle; and
``(B) the number of participants served under each of the
adult and dislocated worker programs under chapter 5 of this
subtitle and the number of individuals with barriers to
employment served under each of such programs, disaggregated
by each subpopulation of such individuals.
``(5) Publication.--
``(A) State performance reports.--The Secretary of Labor
and the Secretary of Education shall annually make publically
available, including by electronic means, the performance
reports for States and local areas containing the information
described in paragraph (2).
``(B) Local area and eligible training provider performance
reports.--The State shall make publically available,
including by electronic means, the performance reports for
the local areas containing the information described in
paragraph (3) and the performance reports for eligible
providers of training services containing the information
described in paragraph (4).
``(C) Rules for reporting of data.--The disaggregation of
data under this subsection shall not be required when the
number of participants in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an
individual participant.
``(e) Evaluation of State Programs.--
``(1) In general.--Using funds authorized under a core
program and made available to carry out this section, the
State, in coordination with local boards in the State and the
State agencies responsible for the administration of the core
programs, shall conduct ongoing evaluations of activities
carried out in the State under such programs and in
accordance with the State unified plan. The State, local
boards, and State agencies shall conduct the evaluations in
order to promote, establish, implement, and utilize methods
for continuously improving core program activities in order
to achieve high-level performance within, and high-level
outcomes from, the workforce investment system. To the
maximum extent practicable, the State shall coordinate the
valuations with the evaluations provided for the Secretary of
Labor and Secretary of Education under section 172, section
343(b)(3)(E), section 10(b) of the Wagner-Peyser Act (29
U.S.C. 49i(b)), and sections 12(a)(5), 14, and 107 of the
Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727)
(applied with respect to programs carried out under title I
of that Act).
``(2) Design.--The evaluations conducted under this
subsection shall be designed in conjunction with the State
board, State agencies responsible for the administration of
the core programs, and local boards and shall include
analysis of customer feedback and outcome and process
measures in the statewide workforce investment system. The
evaluations may include the use of control groups.
``(3) Results.--The State shall periodically prepare,
submit to the State board and local boards in the State, and
make available to the public, including by electronic means,
reports containing the results of evaluations conducted under
this subsection, to promote the efficiency and effectiveness
of the workforce investment system.
``(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
``(1) States.--
``(A) Technical assistance.--If a State fails to meet the
State adjusted levels of performance relating to indicators
described in subsection (b)(2)(A) for a program for any
program year, the Secretary of Labor and the Secretary of
Education shall, upon request, provide technical assistance,
including assistance in the development of a performance
improvement plan.
``(B) Reduction in amount of grant.--If such failure
continues for a second consecutive year, or if a State fails
to submit a report under subsection (d) for any program year,
the Secretary of Labor or the Secretary of Education, as
appropriate, may reduce by not more than 5 percent, the
amount of the allotment that would (in the absence of this
paragraph) be payable to the State under such program for the
immediately succeeding program year. Such penalty shall be
based on the degree of failure to meet State adjusted levels
of performance.
``(2) Funds resulting from reduced allotments.--The
Secretary of Labor or the Secretary of Education, as
appropriate, shall use any amount retained, as a result of a
reduction in an allotment to a State made under paragraph
(1)(B), to provide technical assistance to the States the
Secretaries determine to be appropriate to improve the
performance of their core programs.
``(g) Sanctions for Local Area Failure To Meet Local
Performance Accountability Measures.--
``(1) Technical assistance.--If a local area fails to meet
local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker
program authorized under chapter 2 or 3 of subtitle B of
title I for a program described in subsection (d)(2)(A) for
any program year, the Governor, or upon request by the
Governor, the Secretary of Labor, shall provide technical
assistance, which may include assistance in the development
of a performance improvement plan, or the development of a
modified local plan or regional plan.
``(2) Corrective actions.--
``(A) In general.--If such failure continues for a second
consecutive year, the Governor shall take corrective actions,
which may include development of a reorganization plan
through which the Governor may--
``(i) require the appointment and certification of a new
local board, consistent with the criteria established under
section 117(b)(1);
``(ii) prohibit the use of eligible providers and one-stop
partners identified as achieving a poor level of performance;
``(iii) redesignate the local area in accordance with
section 116; or
``(iv) take such other actions as the Governor determines
are appropriate.
``(B) Appeal by local area.--
``(i) Appeal to governor.--The local board and chief
elected official for a local area that is subject to a
reorganization plan under subparagraph (A) may, not later
than 30 days after receiving notice of the reorganization
plan, appeal to the Governor to rescind or revise such plan.
In such case, the Governor shall make a final decision not
later than 30 days after the receipt of the appeal.
``(ii) Subsequent action.--The local board and chief
elected official for a local area may, not later than 30 days
after receiving a decision from the Governor pursuant to
clause (i), appeal such decision to the Secretary of Labor.
In such case, the Secretary shall make a final decision not
later than 30 days after the receipt of the appeal.
``(C) Effective date.--The decision made by the Governor
under subparagraph (B)(i) shall become effective at the time
the Governor issues the decision pursuant to such clause.
Such decision shall remain effective unless the Secretary of
Labor rescinds or revises such plan pursuant to subparagraph
(B)(ii).
``(h) Definitions of Indicators of Performance.--
``(1) In general.--In order to ensure nationwide
comparability of performance data, the Secretary of Labor and
the Secretary of Education, after consultation with
representatives described in paragraph (2), shall issue
definitions for the indicators described in this section.
``(2) Representatives.--The representatives referred to in
paragraph (1) are representatives of States and political
subdivisions, business and industry, employees, eligible
providers of activities carried out through the core
programs, educators, researchers, participants, the lead
State agency officials with responsibility for the programs
carried out through the core programs, individuals with
expertise in service individuals with barriers to employment,
and other interested parties.
``(i) Fiscal and Management Accountability Information
Systems.--
``(1) Wage records.--In measuring the progress of the State
across all core programs as identified in section
136(b)(2)(A) on State and local performance accountability
measures, a State shall utilize quarterly wage records,
consistent with State law. The Secretary of Labor shall make
arrangements, consistent with State law, to ensure that the
wage records of any State are available to any other State to
the extent that such wage records are required by the State
in carrying out the State plan of the State or completing the
annual report described in subsection (d).
``(2) Confidentiality.--In carrying out the requirements of
this Act, the State shall comply with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
[[Page H1485]]
``(j) System-Wide Improvements.--
``(1) Purpose.--The purpose of this subsection is to
establish system-wide improvements across all programs to
enhance data collection, ensure accountability and increase
administrative efficiencies in employment and training
programs that will expand the capacity and improve the
performance of the workforce system.
``(2) Development and implementation.--
``(A) In general.--The Secretary of Labor and the Secretary
of Education, after consultation with the representatives
described in subsection (h)(2), shall develop system-wide
performance measures across the one-stop partner programs
described in section 121(b) to measure the collective
effectiveness of the workforce investment system in aligning
and coordinating the core programs and other one-stop partner
programs, employers as a meaningful system partner to address
businesses and other employer immediate and long-term skilled
workforce needs in in-demand, high-growth, and other
occupations important to a State, regional, or local economy,
expanding access to education and training for participants
(including participants with barriers to employment), and
establishing or strengthening credential attainment and
measurement strategies. Not later than the beginning of the
third program year, the Secretary of Labor and the Secretary
of Education after consultation with the representatives
described in subsection (h)(2), shall develop system-wide
performance accountability measures.
``(B) Benchmarks.--Not later than the beginning of the
third program year, each State shall include in the State
plan described in section 112 or the State unified plan
described in section 113 quantifiable benchmarks that
demonstrate annual improvement with respect to each of the
system-wide performance indicators established under this
section.
``(C) Requirements.--For each State, the system-wide
performance accountability measures shall consist of--
``(i) the indicators of performance described in paragraph
(3) (A) through (D);
``(ii) any other indicators established by the Secretary of
Labor and the Secretary of Education in consultation with the
representatives described in subsection (h)(2); and
``(iii) a State adjusted level of performance for each
indicator described in paragraph (3).
``(3) Indicators of performance.--The indicators of system-
wide performance shall be measured from baseline data
collected in the first year after the date of enactment of
this subsection and shall consist of the following:
``(A) Indicators of effectiveness in engaging employers as
a system partner.--The State indicators of effectiveness in
serving employers shall at a minimum consist of--
``(i) the number and percentage of employers in the State
using one-stops;
``(ii) the total number of returning employers in the State
using one-stops and one-stop partner program services,
including training;
``(iii) the number of training modules created for specific
employers or groups of employers; and
``(iv) the size of each employer in the State using one-
stops and one-stop partner programs services.
``(B) Indicators of expanded access to training services.--
The State indicators of expanded access to training services
shall at a minimum consist of--
``(i) the number and percentage of participants who
received training or education services under a one-stop
partner program;
``(ii) the number and percentage of participants and youth
with barriers to employment who received services from a one-
stop partner program resulting in entry into an education and
training program that leads to employment or a recognized
postsecondary credential;
``(iii) the total number and percentage of participants
concurrently enrolled in two or more core programs, or in at
least one other one-stop partner program;
``(iv) the number and percentage of participants engaged in
career pathways; and
``(v) the total number and percentage of participants who
are enrolled and whose training is co-funded by Pell grants
or other sources of financial aid.
``(C) Indicators of credential attainment and
measurement.--The State indicators of credential attainment
and measurement shall at a minimum consist of the total
number and percentage of recognized postsecondary credentials
earned during the program year by, or awarded to,
participants of programs described in section
136(b)(3)(A)(i).
``(D) Additional indicators.--A State may identify in a
State plan additional system-wide performance accountability
indicators.
``(4) Levels of performance.--
``(A) State adjusted levels of performance for system-wide
performance accountability indicators.--
``(i) In general.--For each State submitting a State plan
under section 112 or section 113, there shall be established,
in accordance with this paragraph, levels of performance for
each of the system-wide performance accountability indicators
that shall measure aggregate performance for the programs
referred to in section 121(b)(1)(B), and which may include
data from programs referred to in section 121(b)(2)(B).
``(ii) Identification in state plan.--Prior to the third
program year after enactment of this Act, each State shall
identify, in the State plan, expected levels of performance
for each of the corresponding system-wide performance
accountability indicators under subsection (j)(2) for each of
the third and fourth program years covered by the State plan.
``(iii) Agreement on state adjusted levels of
performance.--The State shall reach agreement with the
Secretary of Labor and the Secretary of Education on levels
of performance for each indicator under subsection (j)(2) for
each of the third and fourth program years covered by the
State plan. In reaching the agreement, the State and
Secretaries shall take into account the levels identified in
the State plan under clause (ii), and may take into account
the factors described in subsection (c)(3)(A)(v).
``(B) Levels of performance for additional indicators.--The
State may identify, in the State plan, State levels of
performance for each of the additional indicators identified
under subsection (j)(2)(E). Such levels shall be considered
the State adjusted levels of performance for purposes of this
section.
``(C) Failure to meet system-wide performance
accountability measures.--If a State fails to meet State
adjusted levels of performance relating to indicators
described in paragraph (3) for any program year the Secretary
of Labor and the Secretary of Education shall, upon request,
provide technical assistance, including assistance in the
development of a performance improvement plan.
``(5) Reports.--Not later than 1 year after the date of the
enactment of the Workforce Investment Act of 2012, the
Secretary of Labor shall report to the Committee on Education
and the Workforce on the indicators described in paragraph
(2) of this section and provide recommendations to the
Committee on improving coordination and increasing
efficiencies in one-stop partner programs.''.
SEC. 119. AUTHORIZATION OF FUNDING FOR ONE-STOP
INFRASTRUCTURE.
Section 137 is amended by adding at the end the following:
``(d) One-Stop Infrastructure.--
``(1) Authorization of appropriations.--In addition to the
funds authorized under subsections (a), (b), and (c), there
is authorized to be appropriated an additional amount equal
to 3 percent of the total of amounts appropriated under such
subsections, for costs of infrastructure including rental
costs and other expenses associated with establishing and
maintaining one-stop centers in accordance with section 121.
``(2) Allotment.--The Secretary shall allot the funds
appropriated pursuant to paragraph (1) for each fiscal year
among the States as follows:
``(A) Two-thirds of such sums shall be allotted on the
basis of the relative number of individuals in the civilian
labor force in each State as compared to the total number of
such individuals in all States.
``(B) One-third of such sums shall be allotted on the basis
of the relative number of unemployed individuals in each
State as compared to the total number of such individuals in
all States.
For purposes of this paragraph, the number of individuals in
the civilian labor force and the number of unemployed
individuals shall be based on data for the most recent
calendar year available, as determined by the Secretary.''.
Subtitle C--Job Corps
SEC. 131. PURPOSES.
Section 141(1) is amended to read as follows:
``(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; and
``(B) support responsible citizenship;''.
SEC. 132. DEFINITIONS.
Section 142 is amended--
(1) in paragraph (2)--
(A) by striking ``customer service'';
(B) by striking ``intake'' and inserting ``assessment'';
and
(C) by striking ``a Jobs Corps center'' and inserting
``support the purposes of the Jobs Corps'';
(2) in paragraph (4), by striking ``before completing the
requirements'' and all that follows and inserting ``prior to
becoming a graduate.'';
(3) in paragraph (5), by striking ``has completed the
requirements'' and all that follows and inserting the
following: ``who, as a result of participation in the Job
Corps program, has received a 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.'';
(4) in paragraph (9), by striking ``area served by a
regional office of the Employment and Training
Administration'' and inserting ``defined by the Secretary'';
and
(5) by adding at the end the following:
[[Page H1486]]
``(11) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and American Samoa.''.
SEC. 133. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 is amended by adding at the end the following:
``(4) Special rule for veterans.--Notwithstanding the
requirement of paragraph (2), a veteran of the Armed Forces
shall be eligible to become an enrollee under this section if
the individual--
``(A) meets the requirements of paragraphs (1) and (3); and
``(B) does not meet the requirement of paragraph (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. 134. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT
OF ENROLLEES.
Section 145 is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C)(i), by striking ``vocational'' and
inserting ``career and technical education and training'';
and
(B) by amending subparagraph (E) to read as follows:
``(E) assure appropriate representation of enrollees from
urban areas and from rural areas.'';
(2) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) child welfare agencies that are responsible for
children in foster care and children eligible for assistance
under section 477 of the Social Security Act (42 U.S.C.
677).'';
(3) in subsection (b)(1)(B), by inserting ``and agrees to
such rules'' after ``failure to observe the rules'';
(4) in subsection (c)--
(A) in paragraph (1) in the matter preceding subparagraph
(A), by striking ``an assignment'' and inserting ``a'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``the Secretary shall, every 2 years,
analyze, for the Job Corps center--'' and inserting ``every 2
years the Secretary, in consultation with operators of Job
Corps centers, shall analyze relevant factors relating to
each Job Corps center, including--'';
(C) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(D) in subparagraph (C)--
(i) by inserting ``the education, training, and
supportive'' after ``including''; and
(ii) by adding ``and'' after the semicolon; and
(E) by adding at the end the following:
``(D) the performance of the Job Corps center relating to
the expected levels of performance for the indicators
described in section 159(c)(1), and whether any actions have
been taken with respect to such center pursuant to paragraphs
(2) and (3) of section 159(f).''; and
(5) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``is closest to the home of the enrollee, except that the''
and inserting ``offers the type of career and technical
education and training selected by the individual and, among
the centers that offer such education and training, is
closest to the home of the individual. The''; and
(ii) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
(B) in paragraph (2), by striking ``to the home of'' and
inserting ``to the home of that offers the career and
technical education and training desired by''.
SEC. 135. ENROLLMENT.
Section 146(b) is amended--
(1) in paragraph (1), by striking ``or''; and
(2) by redesignating paragraph (2) as paragraph (4) and
inserting after paragraph (1) the following:
``(2) in the case of an individual with a disability who
would reasonably be expected to meet the standards for a Job
Corps graduate, as defined under section 142(5), if allowed
to participate in the Job Corps for not more than 1
additional year;
``(3) in the case of an individual who participates in
national service, as authorized by a Civilian Conservation
Center program, who would be granted an enrollment extension
in the Job Corps for the amount of time equal to the period
of national service; or''.
SEC. 136. JOB CORPS CENTERS.
Section 147 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``vocational'' both
places it appears and inserting ``career and technical''; and
(ii) in subparagraph (B), by inserting ``, or other entity
with the necessary capacity,'' after ``local entity''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``subsections (c) and
(d) of section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253)'' and inserting
``subsections (a) and (b) of section 3304 of title 41, United
States Code,''; and
(ii) in subparagraph (B)(i)--
(I) in subclause (II), by striking ``vocational'' and
inserting ``career and technical education and'';
(II) in subclause (III), by striking ``is familiar with the
surrounding communities,'' and inserting ``demonstrates
relationships with the surrounding communities, employers,
labor organizations, workforce boards,''; and
(III) by amending subclause (IV) to read as follows:
``(IV) the performance of the entity, if any, relating to
operating or providing activities described in this subtitle
to a Job Corps center, including the entity's demonstrated
effectiveness in assisting individuals in achieving the
primary indicators of performance for eligible youth
described in section 136(b)(2)(A)(ii).''; and
(2) by amending subsection (c) to read as follows:
``(c) Civilian Conservation Centers.--
``(1) In general.--The Job Corps centers may include
Civilian Conservation Centers, operated under an agreement
between the Secretary of Labor and the Secretary of
Agriculture, that are located primarily in rural areas. Such
centers shall 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 and 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.''.
SEC. 137. PROGRAM ACTIVITIES.
Section 148 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Activities Provided by Job Corps Centers.--
``(1) In general.--Each Job Corps center shall provide
enrollees with an intensive, organized, and 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, and counseling,
which may include information about financial literacy. Each
Job Corps center shall provide enrollees assigned to the
center with access to core services described in section
134(c)(2) and the intensive services described in section
134(c)(3).
``(2) Relationship to opportunities.--
``(A) In general.--The activities provided under this
subsection shall be targeted to helping enrollees, on
completion of their enrollment--
``(i) secure and maintain meaningful unsubsidized
employment;
``(ii) enroll in and complete secondary education or
postsecondary education or training programs, including other
suitable career and technical education and training, and
registered apprenticeship programs; or
``(iii) satisfy Armed Forces requirements.
``(3) Link to employment opportunities.--The career and
technical education and training provided shall be linked to
the employment opportunities in the local area in which the
enrollee intends to seek employment after graduation.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Education and
Vocational'' and inserting ``Academic and Career and
Technical Education and'';
(B) by striking ``education and vocational'' and inserting
``career and technical education'';
(C) by striking ``vocational educational'' and inserting
``career and technical educational''; and
(D) by striking ``or technical institutes'' and inserting
``technical institutes, or national service providers'';
(3) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(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.''; and
(B) in paragraph (3), by striking ``Each year,'' and
inserting ``The Secretary shall develop standards by which'';
and
(4) by amending subsection (d) to read as follows:
``(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. One-stop partners, may support the
provision of these services, including services from the
State vocational rehabilitation agency to supplement job
placement and job
[[Page H1487]]
development efforts for Job Corps graduates who are
individuals with disabilities.''.
SEC. 138. SUPPORT.
Section 150(b) is amended--
(1) in the subsection heading, by striking ``Readjustment
Allowances'' and inserting ``Transition Allowances and
Support'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking ``graduates'' and
inserting ``allowances for graduates'';
(B) in the first sentence, by striking ``readjustment'' and
inserting ``transition''; and
(C) by striking the second and third sentences, and
inserting the following: ``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.''; and
(3) by amending paragraph (2) to read as follows:
``(2) Transition support for former enrollees.--The
Secretary may arrange for the provision of 3 months of
employment services for former enrollees.''.
SEC. 139. COMMUNITY PARTICIPATION.
Section 153 is amended--
(1) by amending subsections (a) and (b) to read as follows:
``(a) Business and Community Participation.--The director
of each Job Corps center shall ensure the establishment and
development of the business and community networks described
in subsection (b) in order to enhance the effectiveness of
such centers. At centers where a national training contractor
provides career and technical education training, and has
direct and long-standing linkages to registered
apprenticeship programs or affiliated national employer
groups, the national training contractor shall have the lead
in maintaining networks with the programs described in
clauses (ii) and (iii) of subsections (b)(1)(C).
``(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 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) youth programs;
``(ii) registered apprenticeship programs, labor-management
organizations and local labor organizations;
``(iii) employers and contractors that support national
training contractor programs; and
``(iv) community-based organizations, non-profit
organizations, and intermediaries providing workforce
development-related services; and
``(2) establishing and developing relationships with
members of the community in which the Job Corps center is
located, informing members of the community about the
projects of the Job Corps center and changes in the rules,
procedures, or activities of the center that may affect the
community, and planning events of mutual interest to the
community and the Job Corps center.''; and
(2) in subsection (c)--
(A) by striking ``Liaison for'' and inserting ``director of
a''; and
(B) by striking ``establish and develop'' and inserting
``ensure the establishment and development of''.
SEC. 140. INDUSTRY COUNCILS.
Section 154 is amended--
(1) in subsection (a), by striking ``after consultation
with the Liaison''; and
(2) in subsection (b)--
(A) in paragraph (1)(A)(ii), by striking ``area'' and
inserting ``areas in which enrollees will be seeking
employment'';
(B) by adding after paragraph (2) the following:
``(3) Employers outside of local area.--The industry
council for a Job Corps center may include, or otherwise
provide for consultation with, employers from outside the
local area who are likely to hire a significant number of
enrollees from the Job Corps center.
``(4) Special rule for single state local areas.--In the
case of a single State local area designated under section
116(b), the industry council shall include a representative
of the State Board.''; and
(C) in subsection (c), by striking ``vocational'' each
place it appears and inserting ``career and technical
education and''.
SEC. 141. EXPERIMENTAL, RESEARCH, AND DEMONSTRATION PROJECTS
AND COLLEGE CORPS PROGRAM.
(a) Miscellaneous Amendments.--Section 156 is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) by striking ``program and may waive'' and inserting
``program. The Secretary may waive''; and
(3) by inserting before the period the following: ``if the
Secretary informs the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives, in writing,
not less than 90 days in advance of issuing such waiver.''.
(b) College Corps.--Section 156 is further amended by
adding at the end the following new subsection:
``(b) College Corps.--
``(1) Establishment.--The Secretary of Labor and the
Secretary of Education shall jointly establish a
demonstration project under this section to be known as the
`College Corps' that provide at-risk youth intensive
education and skills training in order to prepare such youth
for college and for high-skilled employment that can only be
achieved with a college degree.
``(2) Selection of sites.--The Secretary of Labor and the
Secretary of Education shall jointly select sites to
participate, on a competitive basis, from among
underperforming Jobs Corps centers in areas with low levels
of college attainment.
``(3) Eligible operators.--The Secretary shall select
College Corps center operators on a competitive basis from
among nonprofit organizations with prior success operating
high-performing, college and career-ready education
residential programs for at-risk young people.
``(4) Administration projects.--
``(A) In general.--The Secretary shall administer the
College Corps sites in collaboration with the Secretary of
Education with the development of an interagency agreement
that identifies the duties and responsibilities of the
Departments under these projects.
``(B) Partnerships.--As part of the interagency agreement,
the Secretary of Education will be responsible for partnering
with a State or local education agency for the purposes of
granting a high school diploma that adheres to college and
career ready standards and accessing State and local
education dollars.
``(C) Deadline.--A grant, contract, or cooperative
agreement to operate at least one center shall be awarded to
an eligible operative within 1 year from enactment.
``(5) Eligible participants.--Individuals eligible to
participate in College Corps projects under this subsection
shall be low-income youth who are in 6th or 7th grade at the
time they begin participation who meet at least two of the
following criteria:
``(A) Have a record of suspensions, office referrals, or
chronic truancy.
``(B) Have failed to achieve proficiency on State
assessment in mathematics, reading, or both.
``(C) Live in a household that is headed by a single parent
or non-custodial parent.
``(D) Is homeless or is a foster child.
``(E) Live in a household that is public housing or
receives public housing assistance.
``(F) Have an immediate family member who is or has been
incarcerated.''.
SEC. 142. TECHNICAL AMENDMENT.
Section 158(c)(1) is amended by striking ``title II of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.)'' and inserting ``chapter 5 of title 40,
United States Code,''.
SEC. 143. PERFORMANCE ACCOUNTABILITY AND MANAGEMENT.
Section 159 is amended--
(1) in the section heading, by striking ``MANAGEMENT
INFORMATION'' and inserting ``PERFORMANCE ACCOUNTABILITY AND
MANAGEMENT''; and
(2) by striking subsections (c) through (f), redesignating
subsection (g) as subsection (j), and inserting after
subsection (b) the following:
``(c) Information on Indicators of Performance.--
``(1) Levels of performance and indicators.--The Secretary
shall annually establish expected levels of performance for
Job Corps centers and the Job Corps program relating to each
of the primary indicators of performance for eligible youth
activities described in section 136(b)(2)(A)(ii).
``(2) Performance of recruiters.--The Secretary shall also
establish performance indicators, and expected performance
levels on the performance indicators, for recruitment service
providers serving the Job Corps program. The performance
indicators shall relate to 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.
``(3) Performance of career transition service providers.--
The Secretary also shall establish performance indicators,
and expected levels of performance for such indicators, for
local and national career transition service provides serving
the Job Corps program. The performance indicators shall
include the number of graduates and former enrollees--
``(A) who entered an unsubsidized employment related to the
training they received at Job Corps and their average wage;
and
``(B) who entered other types of unsubsidized employment,
the military, postsecondary education, or advanced training
programs, including registered apprenticeship programs, and
their average wage, if applicable.
``(4) Report.--The Secretary shall collect, and annually
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives, a report
containing--
``(A) information on the performance of each Job Corps
center, and the Job Corps program, on the performance
indicators described in paragraph (1), as compared to the
expected level of performance established
[[Page H1488]]
under such paragraph for each performance accountability
measure; and
``(B) information on the performance of the service
providers described in paragraph (2) on the performance
indicators established under such paragraph, as compared to
the expected performance levels for the performance
indicators.
``(d) Additional Information.--
``(1) In general.--The Secretary shall also collect, and
submit in the report described in subsection (c), information
on the performance of each Job Corps center, and the Job
Corps program, regarding--
``(A) the number of enrollees entering and completing by
field of education or training;
``(B) demographic information on the enrollees served,
including age, race, gender, and education and income level;
``(C) the number of graduates who entered the Armed Forces;
``(D) 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;
``(E) the starting hourly wages of graduates and whether
they receive other forms of compensation and benefits;
``(F) the number and percentage of former enrollees,
including the number dismissed under the zero tolerance
policy described in section 152(b); and
``(G) any additional information required by the Secretary.
``(2) Rules for reporting of data.--The disaggregation of
data under this subsection shall not be required when the
number of individuals in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an
individual.
``(e) Methods.--The Secretary shall collect the information
described in subsections (c) and (d), using methods described
in section 136(i)(2) and consistent with State law, by
entering into agreements with the States to access such data
for Job Corps enrollees, former enrollees, and graduates.
``(f) Performance Assessments and Improvements.--
``(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based
on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps
program.
``(2) Performance improvement.--With respect to a Job Corps
center that fails to meet the expected levels of performance
relating to the primary indicators of performance specified
in subsection (c)(1), the Secretary shall develop and
implement a performance improvement plan. Such a plan shall
require action to be taken during a one-year period,
including--
``(A) providing technical assistance to the center;
``(B) changing the career and technical education and
training offered at the center;
``(C) changing the management staff of the center;
``(D) replacing the operator of the center;
``(E) reducing the capacity of the center;
``(F) relocating the center; or
``(G) closing the center.
``(3) Additional performance improvement.--In addition to
the performance improvement plans required under paragraph
(2), the Secretary may develop and implement additional
performance improvement plans. Such a plan shall require
improvements, including the actions described in such
paragraph, for a Job Corps center that fails to meet criteria
established by the Secretary other than the expected levels
of performance described in such paragraph.
``(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that fails to meet the expected
levels of performance relating to the primary indicators of
performance specified in subsection (c)(1), or fails to
improve performance as described in paragraph (2), the
Secretary, in consultation with the Secretary of Agriculture,
may select an entity to operate a Civilian Conservation
Center on a competitive basis, in accordance with the
requirements of section 147(a)(2)(B).
``(g) Participant Health and Safety.--The Secretary shall
require that an entity that has entered into a contract with
a Job Corps operator to provide work-based learning
activities for any Job Corps enrollee under this subtitle
shall comply with the Occupational Safety and Health Act of
1970 (20 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), 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) available
information regarding the national and community service
activities of enrollees, particularly those enrollees at
Civilian Conservation Centers.''.
SEC. 144. AUTHORIZATION OF APPROPRIATIONS.
Section 161 is amended by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2013 through
2017''.
Subtitle D--National Programs
SEC. 151. NATIVE AMERICAN PROGRAMS.
Section 166 is amended--
(1) in subsection (a)(1)(B), by inserting ``and to equip
them with the entrepreneurial skills necessary for successful
self-employment'' after ``workforce'';
(2) in subsection (c)(2), by adding at the end the
following: ``The Secretary may exercise the waiver authority
of the preceding sentence not more than once during any 4-
year period with respect to any single recipient.'';
(3) in subsection (d)--
(A) in paragraph (1)(B)--
(i) by inserting ``Alaska Natives'' after ``Indians'';
(ii) by striking ``unsubsidized''; and
(iii) by inserting ``leading to self-sufficiency and the
development of the academic, occupational, and literacy
skills of such individuals'' before the period; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by inserting ``, including
training on entrepreneurial skills'' before the semicolon;
and
(ii) in subparagraph (A)(ii), by inserting ``Alaska
Native'' after ``Indian'';
(4) in subsection (e)--
(A) in paragraph (3)--
(i) by striking ``unsubsidized''; and
(ii) by inserting ``leading to self-sufficiency'' before
the semicolon; and
(B) in paragraph (5)--
(i) by inserting ``accountability'' after ``performance'';
and
(ii) by inserting ``, which shall include the primary
indicators of performance described in section 136(b)(2)(A)
and expected levels of performance for such indicators, in
accordance with subsection (h)'' before the period;
(5) by redesignating subsections (h) through (j) as
subsections (i) through (k), respectively, and inserting
after subsection (g) the following new subsection:
``(h) Performance Accountability Measures.--
``(1) Additional performance indicators and standards.--
``(A) Development of indicators and standards.--The
Secretary, in consultation with the Native American
Employment and Training Council, shall develop a set of
performance indicators and standards that is in addition to
the primary indicators of performance described in section
136(b)(2)(A) and that shall be applicable to programs under
this section.
``(B) Special considerations.--Such performance indicators
and standards shall take into account--
``(i) the purpose of this section as described in
subsection (a)(1);
``(ii) the needs of the groups served by this section,
including the differences in needs among such groups in
various geographic service areas; and
``(iii) the economic circumstances of the communities
served, including differences in circumstances among various
geographic service areas.
``(C) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (c) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
136(b)(2)(A), taking into account economic conditions,
characteristics of the individuals served, and other
appropriate factors and using, to the extent practicable, the
statistical adjustment model under section
136(b)(3)(A)(viii). The levels agreed to shall be the
adjusted levels of performance and shall be incorporated in
the program plan.'';
(6) in subsection (i) (as so redesignated)--
(A) in paragraph (2)(A)--
(i) by striking ``performance measures'' and inserting
``regulations relating to the performance accountability
measures''; and
(ii) by striking ``such subsection, taking into account the
economic circumstances of such entities'' and inserting
``this section''; and
(B) in paragraph (4)(A), by inserting ``and to provide the
advice described in subparagraph (C)'' before the period; and
(7) in subsection (k) (as so redesignated)--
(A) in paragraph (1) by striking ``American Samoans who
reside in Hawaii for the co-location of federally funded and
State-funded'' and inserting ``the Cook Inlet Tribal Council,
Incorporated, and the University of Hawaii at Maui, for the
unique populations who reside in Alaska or Hawaii,
respectively, to improve job training and''; and
(B) in paragraph (2), by striking ``fiscal year 1999'' and
inserting ``each of fiscal years 2013 through 2017''.
SEC. 152. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 is amended--
(1) in subsection (b)--
(A) by inserting ``and deliver'' after ``administer''; and
(B) by inserting ``workforce investment'' after ``including
youth'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``identify'' and inserting ``describe the
population to be served and identify''; and
(II) by inserting ``, including upgraded employment in
agriculture'' before the semicolon;
(ii) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(iii) in subparagraph (C)--
[[Page H1489]]
(I) by striking ``indicators of performance'' and inserting
``performance accountability measures''; and
(II) by inserting ``, which shall include the expected
levels of performance for the primary indicators of
performance described in section 136(b)(2)(A)'' before the
semicolon; and
(iv) by inserting after subparagraph (C) the following new
subparagraphs:
``(D) describe the availability and accessibility of local
resources such as supportive services, services provided
through one-stop delivery systems, and education and training
services, and how the resources can be made available to the
population to be served; and
``(E) describe the plan for providing services under this
section, including strategies and systems for outreach,
career planning, assessment, and delivery through one-stop
delivery systems.'';
(B) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and inserting after paragraph (2)
the following new paragraph:
``(3) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (b) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
136(b)(2)(A), taking into account economic conditions,
characteristics of the individuals served, and other
appropriate factors, and using, to the extent practicable the
statistical adjustment model under section
136(b)(3)(A)(viii). The levels agreed to shall be the
adjusted levels of performance and shall be incorporated in
the program plan.''; and
(C) in paragraph (5)(B) (as so redesignated)--
(i) by striking ``grant or contract'' the first place it
appears and inserting ``grant, contract, or agreement'';
(ii) by striking ``under the terms of the grant agreement
or contract'';
(iii) by striking ``requirement'' and inserting
``requirements'';
(iv) by striking ``plan described in paragraph (1)'' and
inserting ``program plan''; and
(v) by striking ``grant or contract'' the second place it
appears and inserting ``period of the grant, contract, or
agreement'';
(3) by amending subsection (d) to read as follows:
``(d) Authorized Activities.--Funds made available under
this section and section 127 shall be used to carry out
workforce investment activities (including youth workforce
investment activities) and provide related assistance for
eligible migrant and seasonal farmworkers, which may
include--
``(1) outreach, employment, training, educational
assistance, literacy assistance, English language and
literacy instruction, pesticide and worker safety training,
housing (including permanent housing), supportive services,
and school dropout prevention activities;
``(2) followup services for those individuals placed in
employment;
``(3) self-employment and related business or micro-
enterprise development education as needed by eligible
individuals as identified pursuant to the plan required by
subsection (c);
``(4) customized career and technical education in
occupations that will lead to higher wages, enhanced
benefits, and long-term employment in agriculture or another
area; and
``(5) technical assistance to improve coordination of
services and implement best practices relating to service
delivery through one-stop delivery systems.'';
(4) by amending subsection (f) to read as follows:
``(f) Regulations.--The Secretary shall establish
regulations to carry out this section, including regulations
relating to how economic and demographic barriers to
employment of eligible migrant and seasonal farmworkers
should be considered and included in the negotiations leading
to the adjusted levels of performance described in subsection
(c).'';
(5) in subsection (g), by striking ``(enacted by the Single
Audit Act of 1984)''; and
(6) by amending subsection (h) and deleting subsection (i)
to read as follows:
``(h) Funding Allocation.--From the funds appropriated and
made available to carry out this section, the Secretary may
reserve not more than 1 percent for national purposes, such
as providing technical assistance to eligible entities.''.
SEC. 153. VETERANS WORKFORCE INVESTMENT PROGRAMS.
Section 168 is amended--
(1) in subsection (a)(3)(A), by inserting ``, including
services provided by one-stop operators and one-stop
partners'' before the semicolon;
(2) in subsection (b)(2)(A), by inserting
``accountability'' after ``performance''; and
(3) by adding at the end of subsection (b) the following
new paragraph:
``(3) Performance accountability measures.--In carrying out
the responsibilities relating to performance accountability
measures described in paragraph (2)(A), the Assistant
Secretary for Veterans' Employment and Training shall, for
each grant or contract under this section providing
education, training, or employment services to veterans,
include among such measures the primary indicators of
performance described in section 136(b)(2)(A)(i) and adjusted
levels of performance for each such indicator that are agreed
to by the Assistant Secretary and the recipient of the grant
or contract.''.
SEC. 154. REPEAL.
Section 169 is repealed.
SEC. 155. TECHNICAL ASSISTANCE.
Section 170 is amended by adding at the end the following
new subsection:
``(c) Promising and Proven Practices Coordination.--
Consistent with the identification and dissemination of
promising and proven practices under subtitle B of title I,
the Secretary shall--
``(1) establish a system through which States and local
areas share information regarding promising and proven
practices with regard to the operation of workforce
investment activities under this Act;
``(2) evaluate and disseminate information regarding such
promising and proven practices and identify knowledge gaps;
and
``(3) commission research under section 170(c) to address
knowledge gaps identified under paragraph (2).''.
SEC. 156. INNOVATION PROJECTS.
Section 171 is amended--
(1) in the section heading, by striking ``DEMONSTRATION,
PILOT, MULTISERVICE, RESEARCH AND MULTISTATE PROJECTS'' and
inserting ``INNOVATION PROJECTS'';
(2) by amending subsections (b) and (c) to read as follows:
``(b) Innovation Projects.--
``(1) In general.--The Secretary shall, through grants or
contracts, carry out demonstration and pilot projects that
are consistent with the priorities specified in the plan
published under subsection (a) and that are for the purposes
of developing and implementing techniques and approaches, and
demonstrating the effectiveness of specialized methods, in
addressing employment and training needs. Such projects
shall--
``(A) include the provision of direct services to
individuals;
``(B) be subject to measures of performance that include
the primary indicators of performance described in section
136(b)(2)(A) as well as other appropriate indicators; and
``(C) include an evaluation component as appropriate to the
program design.
``(2) Types of projects.--Such projects may include--
``(A) projects that assist employers in connecting with the
workforce investment system established under this Act in
order to facilitate the recruitment, employment, and
retention of workers for jobs with career pathways and to
provide information to such system on skills and high-growth
occupations;
``(B) projects that focus on opportunities for employment
in industries and sectors of industries that are
experiencing, or are likely to experience, high rates of
growth, including health care and advanced manufacturing
sectors, and have jobs with wages and benefits leading to
economic self-sufficiency;
``(C) projects that focus on local partnerships of
industry, labor, community colleges, area career and
technical education centers community-based organizations,
and economic development organizations, to promote
opportunities for dislocated workers and long-term unemployed
to receive training and related services for employment and
access to career ladders in high-demand sectors;
``(D) projects to determine the feasibility of, and
potential means to replicate, measuring the compensation,
including the wages, benefits, and other incentives provided
by an employer, received by program participants by using
data other than or in addition to data available through wage
records, for potential use as a performance indicator;
``(E) projects to develop and implement promising or proven
approaches and technologies, including the use of distance
education and activities to increase the digital literacy of
older individuals, in order to deliver employment related,
work-based training services and recognized postsecondary
credentials;
``(F) projects that provide retention grants, which grants
shall--
``(i) be provided to job training and apprenticeship
programs that have demonstrated expertise in serving low-
income individuals and that offer instruction, assessment,
and professional coaching, for each low-income individual who
is retained in such employment with such employer for a
period of 1 year; and
``(ii) be provided taking into account the economic benefit
received by the Federal Government from the employment and
retention of the individual, including the economic benefit
from tax revenue and decreased public subsidies;
``(G) projects utilizing a pay-for-performance approach for
providers of education, training, and employment services to
individuals with barriers to employment, including services
targeted to addressing the specific challenges and conditions
that have created barriers for participants in programs under
this Act;
``(H) projects that provide comprehensive education and
training services, and support services, in coordination with
local boards, for populations in targeted high poverty areas
where the greatest barriers to employment exist, including
ex-offenders, out-of-school youth, and public assistance
recipient populations; and
``(I) projects that seek to replicate exemplary youth
programs that have demonstrated effectiveness in 2 or more
noncontiguous local areas in preparing youth for success in
the workforce.
``(3) Conditions.--
[[Page H1490]]
``(A) Competitive awards.--Grants or contracts awarded for
carrying out demonstration and pilot projects under this
subsection shall be awarded on a competitive basis and in
accordance with generally applicable Federal requirements.
``(B) Time limits.--The Secretary shall establish
appropriate time limits for carrying out demonstration and
pilot projects under this subsection.'';
(3) in subsection (e)(7), by striking ``(Public Law 109-
58)'' and inserting ``(42 U.S.C. 15852)''; and
(4) by adding at the end the following:
``(f) Small Business Liaison Pilot Program.--
``(1) Establishment of small business liaison pilot
program.--The Secretary may award competitive grants to local
boards, community colleges, postsecondary vocational
institutions, community-based organizations, and
apprenticeship programs, including joint labor-management
training programs, in States and outlying areas to promote
local economic growth and eliminate gaps between the
workforce skills available and the workforce skills needed in
local areas or regions.
``(2) Application.--To receive a grant under this
subsection a local board, community college, or postsecondary
vocational institution in a State or outlying area shall
submit to the Secretary an application in such manner, at
such time, and containing such information as the Secretary
may require.
``(3) Specifications of grants.--
``(A) Time period.--A grant shall be used over a 36-month
period.
``(B) Amount of grant.--In determining the amount of a
grant made under this subsection, the Secretary may
consider--
``(i) the ability of the grant applicant to conduct
outreach activities;
``(ii) the ability of the grant applicant to conduct skills
gap assessments;
``(iii) the extent to which the grant applicant works with
or, after implementing a strategic skills gap action plan,
plans to work with small businesses within its local area or
region; and
``(iv) any other factor that the Secretary deems
appropriate.
``(C) Limitations.--
``(i) A recipient may not receive more than one grant under
this subsection.
``(ii) No grant under this subsection may be for an amount
more than $500,000.
``(iii) The Secretary shall, in determining whether to
award a grant, consider the geographic diversity of grant
recipients.
``(D) Use of funds.--
``(i) In general.--A local board, community college, or
postsecondary vocational institution that receives a grant
under this subsection shall use the grant funds to pay for a
new or current employee to serve as liaison to conduct
activities described in clause (ii).
``(ii) Small & local business liaison.--The liaison--
``(I) shall--
``(aa) prepare a strategic action skills gap assessment;
``(bb) develop a strategic skills gap action plan; and
``(cc) conduct any other activity that the Secretary deems
appropriate for the purposes of this subsection; and
``(II) may--
``(aa) engage in outreach in the local area or region;
``(bb) conduct business site visits, interviews, and
assessments;
``(cc) consult in the implementation of the skills action
plan;
``(dd) complete more than 1 skills gap action plan; and
``(ee) consult with the local offices of the Small Business
Administration.
``(iii) Prohibition.--A grant received under this
subsection may not be used to supplant existing funding or
efforts.
``(E) Confidentiality of information.--The grant recipient
may not disclose the name, address, or contact information of
a business, employer, or other person that provided
information to the grant recipient to compile information in
the strategic skills gap assessment or strategic skills gap
action plan without consent of such business, employer, or
other person.
``(4) Reporting.--Each year, the Secretary shall report to
the Congress--
``(A) the number of grants awarded under this subsection;
``(B) the recipients of grants awarded under this
subsection;
``(C) the activities carried out by each recipient under
paragraph (3)(D); and
``(D) an assessment describing--
``(i) the success of the program to promote local economic
growth and eliminate gaps between the workforce skills
available and the workforce skills needed in local areas or
regions; and
``(ii) any recommendations for reauthorization and
expansion of the program that the Secretary may have.
``(5) Definitions.--In this subsection:
``(A) Community college.--The term `community college' has
the meaning given the term in section 312(f) of the Higher
Education Act of 1965 (20 U.S.C. 1058(f)).
``(B) Local area.--The term `local area' means the labor
market immediately surrounding or affected by a local board,
community college, or postsecondary vocational institution.
``(C) Postsecondary vocational institution.--The term
`postsecondary vocational institution' has the meaning given
the term in section 102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c)).
``(D) Region.--The term `region' means 2 or more local
areas that comprise a common labor market for an industry
sector of related occupations.
``(E) Strategic skills gap assessment.--The term `strategic
skills gap assessment' means an assessment that--
``(i) identifies areas of current and expected demand for
labor and skills in a specific industry sector of related
occupations that is--
``(I) producing jobs in the local area or region involved;
``(II) developing emerging jobs in the local area or region
involved; or
``(III) suffering chronic worker shortages;
``(ii) identifies the current and expected supply of labor
and skills in that sector or group in the local area or
region;
``(iii) identifies gaps between the current and expected
demand and supply of labor and skills in that section or
group in the local area or region;
``(iv) contains the results of a survey or focus group
interviews of employers, labor organizations, and other
relevant individuals and organizations in the local area or
region; and
``(v) contains data regarding--
``(I) specific employment opportunities offered by
industries in the local area or region;
``(II) specific skills desired for employment opportunities
offered by industries in the local area or region;
``(III) occupations and positions in the local area or
region that are difficult to fill;
``(IV) specific skills desired for occupations and
positions in the local area or region that are difficult to
fill;
``(V) areas of growth and decline among industries and
occupations in the local area or region;
``(VI) specific skills desired for areas of growth among
industries and occupations in the local area or region; and
``(VII) specific inventories of skills of unemployed or
underemployed individuals in the local area or region.
``(F) Strategic skills gap action plan.--The term
`strategic skills gap action plan' means a plan based on the
strategic skills gap assessment that--
``(i) identifies--
``(I) specific barriers to adequate supply of labor and
skills in demand in a specific industry sector of related
occupations that is producing jobs in the local area or
region; and
``(II) activities that will remove or alleviate the
barriers described in subclause (I) that could be undertaken
by the local board, community college, or postsecondary
vocational institution;
``(ii) specifies how the local board, community college, or
postsecondary vocational institution may integrate the
activities described in clause (i) within the local area or
region; and
``(iii) identifies resources and strategies that may be
used in the local area or region to address the skills gaps
for both unemployed and employed workers in that industry
sector.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this subsection.''.
SEC. 157. WORKFORCE AND YOUTH INNOVATION AND BEST PRACTICES
GRANTS.
The Workforce Investment Act of 1998 is further amended by
inserting after section 171 the following new sections:
``SEC. 171A. WORKFORCE INNOVATION AND BEST PRACTICES GRANTS.
``(a) Purpose.--It is the purpose of this section to--
``(1) promote the development of comprehensive workforce
investment systems at the State, regional, and local levels
that reflect the alignment of strategies and activities
across the core programs and, where appropriate, across other
workforce development, education, economic development, and
human services programs, to provide effective, high quality,
and client-centered services to job seekers and workers,
youth, and employers;
``(2) promote innovation and to improve, replicate, and
expand models and service delivery strategies of demonstrated
effectiveness in meeting the education, training, and
employment needs of job seekers and workers, and youth,
including such individuals with barriers to employment, and
employers; and
``(3) establish and improve programs for youth that provide
access to career pathways that include the attainment of a
recognized postsecondary credential or employment that leads
to economic self-sufficiency.
``(b) Program Authorized.--From amounts appropriated to
carry out this section, the Secretary of Labor and the
Secretary of Education, in accordance with section 176,
shall--
``(1) for the first program year that begins after the date
of enactment of the Workforce Investment Act of 2013, award
transition grants in accordance with section 175; and
``(2) with funds not awarded for transition grants under
paragraph (1) for the first program years that begins after
the date of enactment of the Workforce Investment Act of
2013, and for subsequent years, award workforce innovation
and best practices grants to eligible entities in accordance
with subsection (c).
[[Page H1491]]
``(c) Workforce Innovation and Best Practices Grants to
Eligible Entities.--
``(1) In general.--From funds described in subsection
(b)(1), the Secretary of Labor and the Secretary of Education
shall award workforce innovation and replication grants on a
competitive basis to eligible entities in accordance with
paragraph (2) to be used for the purposes set forth in
subsection (a).
``(2) Eligible entities.--
``(A) In general.--To be eligible to receive a grant under
this subsection, a State partnership or regional entity shall
meet the requirements of this paragraph, submit an
application in accordance with subsection (e), and be in
partnership with one or more of the following:
``(i) A nonprofit organization with relevant expertise,
including a community-based organization.
``(ii) An institution of higher education, including a
community college.
``(iii) A joint labor-management partnership.
``(B) State partnership.--For a State partnership to be
eligible for funding under this subsection, a Governor of a
State shall--
``(i) submit the application in partnership with the State
board and with 1 or more regional entities in the State
described in subparagraph (C); and
``(ii) demonstrate that the State has--
``(I) aligned the core programs;
``(II) made significant progress towards aligning the core
programs with other workforce investment programs; and
``(III) achieved the alignments described in subclauses (I)
and (II) consistent with the State plan.
``(C) Regional entities.--To be identified as a regional
entity and to be eligible for funding under this subsection,
a local board for a local area that is aligned with a region,
or all of the local boards for local areas that comprise a
planning region under section 116(c), shall demonstrate
that--
``(i) the application has been developed in consultation
with the State and is not duplicative of other applications
under this subsection submitted by a State partnership; and
``(ii) the local board, or all of the local boards for the
planning region, has--
``(I) worked with the core programs to achieve alignment of
such programs in the region;
``(II) made significant progress towards aligning the core
programs with other workforce investment programs in the
region; and
``(III) achieved the alignments described in subclauses (I)
and (II) consistent with the State plan.
``(d) Types of Grants Authorized.--
``(1) In general.--From amounts appropriated to carry out
this section, the Secretary of Labor and the Secretary of
Education shall award eligible entities one or more of the
following:
``(A) Planning grant.--The Secretary of Labor and the
Secretary of Education may award a planning grant under this
section, not to exceed a total of $250,000 for a 1-year
period, to an eligible entity that--
``(i) is preparing to establish an innovative workforce
investment project; and
``(ii) has not received a grant under this section.
``(B) Innovation grant.--The Secretaries may award an
innovation grant under this section, not to exceed a total of
$3,000,000 for a 2-year period to an eligible entity that--
``(i) has already received a planning grant under this
section; or
``(ii) has already established an innovative workforce
investment project.
``(C) Sustainability grant.--The Secretaries may award a
sustainability grant, not to exceed a total of $2,000,000 for
a 2-year period or $5,000,000 for a 5-year period, to an
eligible entity that--
``(i) has established an innovative workforce investment
project that has demonstrated measurable improvements as
measured by the performance measures set forth in section
136; and
``(ii) seeks to expand or replicate that project on the
State, local, or regional level.
``(2) Federal and non-federal share.--The Federal share for
the grants described in paragraph (1) shall be--
``(A) for a planning grant described in paragraph (1)(A),
100 percent;
``(B) for an innovation grant described in paragraph
(1)(B)--
``(i) 90 percent of the costs of the activities carried out
under the grant, in the first year of the grant;
``(ii) 80 percent of such costs in the second year of the
grant; and
``(iii) 70 percent of such costs in the third year of the
grant; and
``(C) for a sustainability grant described in paragraph
(1)(C)--
``(i) for an eligible entity that receives a 2-year grant--
``(I) not more than 50 percent of the costs of the
activities carried out under the grant, in the first year of
the grant; and
``(II) not more than 30 percent of such costs in the second
year of the grant; and
``(ii) for an eligible entity that receives a 5-year
grant--
``(I) not more than 70 percent of the costs of the
activities carried out under the grant, in the first year of
the grant;
``(II) not more than 60 percent of such costs in the second
year of the grant;
``(III) not more than 50 percent of such costs in the third
year of the grant;
``(IV) not more than 40 percent of such costs in the fourth
year of the grant; and
``(V) not more than 30 percent of such costs in the fifth
year of the grant.
``(3) Non-federal share.--The non-Federal share of an
innovation or sustainability grant under this section may be
in cash or in-kind, and may come from State, local,
philanthropic, private, or other resources.
``(4) Financial hardship waiver.--The Secretary of Labor
and the Secretary of Education may waive or reduce the
matching share of an eligible entity that has submitted an
application under this subsection if such entity demonstrates
a need for such waiver or reduction due to financial hardship
as defined by the Secretary of Labor and the Secretary of
Education.
``(5) Fiscal agent.--Each eligible entity that is a State
consortia or partnership receiving a grant under this
subsection shall designate an entity in the partnership as
the fiscal agent for purposes of this grant.
``(6) Supplement not supplant.--Federal funds awarded under
this section shall be used to supplement, not supplant non-
Federal resources that would be used to support activities
carried out as part of the innovative workforce investment
project.
``(7) Grant period.--
``(A) Planning grants.--Grants awarded under paragraph
(1)(A) shall be made for a period of not longer than 1 year.
``(B) Innovation grant.--Grants awarded under paragraph
(1)(B) shall be made for a period of no longer than 3 years.
``(C) Sustainability grant.--Grants awarded under paragraph
(1)(C) shall be made for a period of no longer than 5 years.
``(e) Application.--An eligible entity seeking a grant
under this section shall submit an application to the
Secretary of Labor and the Secretary of Education at such
time, in such manner, and containing such information as the
Secretary of Labor and the Secretary of Education may
require. An application submitted under this paragraph may
include the following:
``(1) A description of the eligible entity, evidence of the
eligible entity's capacity to carry out activities in support
of the strategic objectives identified in the application
under paragraph (4), and, if the eligible entity is a
partnership, a description of the expected participation and
responsibilities of each of the partners.
``(2) A description of the industry or targeted industry
cluster that will be served through the project, including a
description of how the skilled workforce needs of small- and
medium-sized employers connected with that industry or
industries will be addressed.
``(3) A description of the target worker populations to be
served through the project, including a description of target
worker populations with significant barriers to employment
and a description of strategies that will be used to help
overcome such barriers.
``(4) A description of the strategic objectives that the
eligible entity seeks to achieve through the funded project
for--
``(A) implementing career pathways strategies, which may
include--
``(i) providing clear linkages between remedial, academic
and occupational programs within educational institutions,
and articulation of credits across institutions;
``(ii) designing curricula in terms of competencies
required for education and career advancement, and, where
possible, tied to industry skill standards, certifications or
licensing requirements including those developed by industry
or sector partnerships;
``(iii) offering programs at times and places (including
workplaces) convenient for working adults and structured in
small modules or `chunks', each leading to recognized
credential;
``(iv) allowing flexibility to enter and exit education as
participants' circumstances permit;
``(v) providing support services, including career
assessment and counseling, case management, child care,
transportation, financial aid and job placement;
``(vi) creating `bridge programs' for educationally
disadvantaged youths and adults that teach basic skills such
as office communication, math and problem solving in the
context of training for advancement to better jobs and
postsecondary training; and
``(vii) aligning both public and private funding sources,
such as the Carl D. Perkins Career and Technical Education
Act, Workforce Investment Act, Adult Education and Family
Literacy Act, Temporary Assistance to Needy Families, State
and Federal financial aid, and employer tuition
reimbursement;
``(B) implementing industry or sector partnerships, which
may include-
``(i) recruiting key stakeholders in the targeted industry
cluster, such as multiple businesses and employers, labor
organizations, local boards, and education and training
providers, and regularly convening the stakeholders in a
collaborative structure that supports the sharing of
information, ideas, and challenges common to the targeted
industry cluster;
``(ii) identifying the training needs of multiple
businesses, especially skill gaps critical to competitiveness
and innovation in the targeted industry cluster;
``(iii) facilitating economies of scale by aggregating
training and education needs of multiple employers;
``(iv) helping postsecondary educational institutions,
training institutions, apprenticeship programs, area career
and technical education centers, and all other training
programs authorized under this Act, align curricula, entrance
requirements and programs to industry demand and nationally
portable,
[[Page H1492]]
recognized postsecondary credentials (or, if not available
for the targeted industry, other credentials, as determined
appropriate by the Secretary), particularly for higher skill,
high-priority occupations validated by the industry;
``(v) ensuring that the State agency carrying out the State
program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.),
including staff of the agency that provide services under
such Act, shall inform recipients of unemployment insurance
of the job and training opportunities that may result from
the implementation of this grant;
``(vi) informing and collaborating with organizations such
as youth councils, business-education partnerships,
apprenticeship programs, secondary schools, and postsecondary
educational institutions, and with parents and career
counselors, for the purpose of addressing the challenges of
connecting disadvantaged adults and disadvantaged youth as
defined in section in this Act to careers;
``(vii) helping companies identify, and work together to
address, common organizational and human resource challenges,
such as--
``(I) recruiting new workers;
``(II) implementing effective workplace practices;
``(III) retraining dislocated and incumbent workers;
``(IV) implementing a high-performance work organization;
``(V) recruiting and retaining women in nontraditional
occupation;
``(VI) adopting new technologies; and
``(VII) fostering experiential and contextualized on-the-
job learning;
``(viii) developing and strengthening career ladders within
and across companies, in order to enable dislocated,
incumbent and entry-level workers to improve skills and
advance to higher-wage jobs;
``(ix) improving job quality through improving wages,
benefits, and working conditions;
``(x) helping partner companies, industry or sector
partnerships to attract potential employees from a diverse
job seeker base, including individuals with barriers to
employment (such as job seekers who are low income, youth,
older workers, and individuals who have completed a term of
imprisonment), by identifying such barriers through analysis
of the existing labor market and implementing strategies to
help such workers overcome such barriers; and
``(xi) strengthening connections among businesses in the
targeted industry cluster, leading to cooperation beyond
workforce issues that will improve competitiveness and job
quality, such as joint purchasing, market research, or
centers for technology and innovation; and
``(C) implementing credential attainment and measurement
strategies, which may include--
``(i) establishing a cross agency committee (such as the
State workforce investment board, a legislative task force, a
P-20 Council, or some other agreed upon group) that is
specifically focused on low and middle skill education and
training outcomes to measure credential attainment through
the State's workforce investment and training programs, by--
``(I) tracking, counting, measuring and public reporting
credential attainment rates for all programs providing
education and training beyond a high school diploma but less
than a 4-year degree;
``(II) measuring the result of workforce training programs
leading to an recognized postsecondary credential,
certificate of degree;
``(III) establishing statewide policies, goals, and
guidelines for the collection of credential outcome data for
all employment and training programs and related programs and
services within the State;
``(IV) engaging other related departments and agencies that
may have data or are involved in activities related to
workforce development and job training;
``(V) establishing standards and data collection
infrastructure to assess the number of industry-recognized
middle skill credentials or certificates produced through
Federal or State programs, and their relation to labor market
needs;
``(VI) setting credential attainment goals in high demand
industry sector then monitor and measure progress over time;
and
``(VII) providing an annual assessment and report to the
Governor and Legislature about the type of credential
outcomes produced by programs and provide recommendations to
better align efforts across agencies to meet employer demand;
``(ii) ensuring the collection of credential outcome data
from a range of public workforce and education programs to
ensure State agencies and programs are increasing the number
of workers with the skills and credentials needed to fill the
projected demand for middle and high skilled jobs;
``(iii) using the data in order to assess workforce system
outcomes, establish credential attainment goals, measure
progress, and hold agencies accountable to increase the
skills of the workforce; and
``(iv) developing a comprehensive workforce system report
that provides individual agency outcomes and statewide
representation of the credential attainment outcomes of the
State's workforce investment system.
``(5) A description of a pay-for-performance approach for
providers of education, training, and employment services to
individuals with barriers to employment, including services
targeted to addressing the specific challenges and conditions
that have created barriers for participants in programs under
this Act.
``(f) Award Basis.--
``(1) Geographic distribution.--The Secretary of Labor and
the Secretary of Education shall award competitive grants
under this section in a manner to ensure geographic
diversity.
``(2) Priorities.--In awarding grants under this section,
the Secretaries shall give priority to eligible entities
that--
``(A) provide evidence of past or current investments in
workforce innovation projects that incorporate one or more of
the priority strategies;
``(B) focus on addressing the skill needs of multiple
employers, including small- and medium-sized businesses; or
``(C) target services to low-income individuals, low-skill
individuals, long-term unemployed, and other populations with
barriers to employment.
``(g) Activities.--
``(1) In general.--An eligible entity receiving a grant
under this section shall carry out the activities necessary
to meet the strategic objectives, including planning
activities if applicable, described in the entity's
application in a manner that--
``(A) integrates services and funding sources in a way that
enhances the effectiveness of the activities; and
``(B) uses grant funds awarded under this section
efficiently.
``(2) Administrative costs.--An eligible entity may retain
a portion of a grant awarded under this section for a fiscal
year to carry out the administration of this section in an
amount not to exceed 5 percent of the grant amount.
``(h) Evaluation and Progress Reports.--
``(1) In general.--Not later than 1 year after receiving a
grant under this section, and annually thereafter during the
grant period, an eligible entity shall report to the
Secretary of Labor and the Secretary of Education, and to the
Governor of the State that the eligible entity serves, on the
spending and activities funded pursuant to a grant under this
section, including an evaluation of the progress the eligible
entity has made toward the strategic objectives identified in
the application and measure the progress using the
performance accountability measures identified in the
application.
``(2) Public availability.--The Secretary shall transmit
such reports to the Congress and make such reports available
to the public.
``(i) Administration by the Secretaries.--
``(1) Administrative costs.--The Secretaries may jointly
retain a total of not more than 3 percent of the funds
appropriated to carry out this section for each fiscal year
to administer this section, including technical assistance
and evaluation activities.
``(2) Technical assistance and oversight.--The Secretaries
shall provide technical assistance and oversight to assist
the eligible entities in applying for and administering
grants awarded under this section, including technical
assistance and through the collection and dissemination of
information on best practices.
``(3) Performance accountability measures.--The Secretaries
shall issue a range of performance measures, with
quantifiable benchmarks, and methodologies that eligible
entities may use to evaluate the effectiveness of each type
of activity in making progress toward the strategic
objectives described in the application. Such measures shall
consider the benefits of the innovative workforce development
projects and its activities for workers, firms, industries,
and communities.
``(4) Dissemination.--The Secretaries shall--
``(A) coordinate the annual review of each eligible entity
receiving a grant under this section and produce an overview
report that, at a minimum, includes each funded project and
best practices identified;
``(B) make resource materials, including all reports
published and all data collected under this section,
available on the Internet; and
``(C) conduct conferences and seminars to--
``(i) disseminate information on best practices developed
by eligible entities receiving a grant under this section;
and
``(ii) provide information to interested stakeholders.
``(5) Report to congress.--Not later than 24 months after
the date of enactment of the Workforce Investment Act of 2013
and on an annual basis thereafter, the Secretaries shall
transmit a report to Congress on the grant program
established by this section. The report shall include a
description of--
``(A) the eligible entities receiving funding;
``(B) the spending and activities carried out by the
eligible entities;
``(C) how the eligible entities were selected to receive
funding under this section; and
``(D) an assessment of the results achieved by the grant
program including findings from the annual reviews conducted
under subsection (i).
``SEC. 171B. YOUTH INNOVATION AND BEST PRACTICES GRANTS.
``(a) Program Authorized.--
``(1) In general.--The Secretary of Labor and the Secretary
of Education, shall--
``(A) for the first program year that begins after the date
of enactment of the Workforce Investment Act of 2012, award
transition grants in accordance with section 176; and
[[Page H1493]]
``(B) with funds not awarded for transition grants under
paragraph (1) for the first program year that begins after
the date of enactment of the Workforce Investment Act of
2012, and with the funds reserved for each program year
thereafter, award youth innovation and replication grants to
eligible entities described in subsection (c) for the
purposes described in subsection (b).
``(b) Authorization and Purpose of Grants.--
``(1) In general.--From funds appropriated pursuant to
section 174, the Secretary of Labor and the Secretary of
Education shall award youth innovation and replication grants
on a competitive basis to eligible entities described in
subsection (c).
``(2) Use of funds.--The grants awarded under this section
shall be used to support the demonstration of innovative new
strategies and activities, or the replication and expansion
of effective evidence-based strategies and activities that
are designed to substantially improve education and
employment outcomes for eligible youth, including preparation
for post secondary education and training and for careers.
Such strategies and activities shall include--
``(A) establishing career pathways in in-demand industry
sectors and occupations for eligible youth, in collaboration
with other Federal, State, and local programs, and public and
private entities;
``(B) developing and implementing a comprehensive strategy,
for an area of high poverty, that provides education and
training programs, resources, and other activities that
prepare youth for postsecondary education and training and
for employment that leads to economic self-sufficiency;
``(C) developing and implementing strategies and activities
that provide opportunities for youth with disabilities to
receive education, training, and employment services that
lead to a recognized postsecondary credential or integrated,
competitive employment, including through incorporating
elements of the individualized education program and related
services under the Individuals with Disabilities in Education
Act;
``(D) developing and implementing evidence-based strategies
and activities, such as--
``(i) education offered concurrently and contextually with
workforce preparation and training for a specific occupation
or occupational cluster;
``(ii) career academies;
``(iii) dropout prevention and recovery strategies;
``(iv) paid or unpaid work experience, including summer
employment opportunities and employment opportunities
available throughout the school year, combined with academic
learning leading to a recognized postsecondary credential;
``(v) innovative programs for youth facing multiple
barriers to employment that arrange for the provision of or
provide supportive services combined with education,
training, including preparation for postsecondary education
and training, or employment activities; or
``(vi) to include youth service and conservation corps
programs in which a project undertaken is credited as
qualifying experience for higher education, job training, or
careers in public service; or
``(E) other evidence-based strategies or activities
designed to improve the education and employment outcomes for
youth.
``(c) Eligible Entities and Application.--
``(1) Eligible entities.--An entity eligible to receive a
grant under this section shall include--
``(A)(i) the Governor of a State in coordination with the
State board and with a local board for a local area that is
aligned with a region, or with all boards for local areas
that comprise a planning region, under section 116(c); or
``(ii) a local board for a local area that is aligned with
a region, or all local boards for local areas that comprise a
planning region, under section 116(c), in consultation with
the standing committee on youth associated with the local
board; and
``(B) one or more of the following:
``(i) A State education agency.
``(ii) A local education agency.
``(iii) A nonprofit organization with expertise serving
eligible youth, including a community-based organization,
youth corps, or an intermediary.
``(iv) An institution of higher education, including a
community college and an area career and technical education
center.
``(v) A joint labor-management partnership.
``(2) Application.--To receive a grant under this
subsection, an eligible entity shall submit an application to
the Secretary of Labor and the Secretary of Education at such
time, in such manner, and containing such information,
consistent with this paragraph, as the Secretaries may
require. Each such application shall describe the innovation
and replication strategies and activities that the eligible
entity will carry out to strengthen the workforce investment
system in the State or region in order to substantially
improve education and employment outcomes for youth, such as
youth with disabilities, served by such system, and may
include--
``(A) a description of the region in the State or the
State, as applicable, that will be the focus of grant
activities, including analyses of economic conditions, skill
needs, the workforce, and the workforce development services
(including the strengths and weaknesses of such services and
the capacity to provide such services) that are relevant to
the proposed strategies and activities that would be carried
out under the grant;
``(B) a description of the youth populations to be served,
including individuals with barriers to employment who are
youth, and the skill needs of those populations;
``(C) a description of the promising strategies and
activities the eligible entity is proposing to demonstrate,
or the evidence-based strategies and activities that the
eligible entity is proposing to expand or replicate;
``(D) a description of how the eligible entity will
meaningfully involve youth in the design and implementation
of the proposed strategies and activities;
``(E) a description of how, in carrying out such strategies
and activities, the eligible entity will--
``(i) collaborate to leverage resources among strategic
partners to achieve the purposes of the grant, and to provide
the matching share described in subsection (d)(2); and
``(ii) ensure the sustainability of the programs and
activities supported by the grant after grant funds are no
longer available;
``(F) a description of how the strategies and activities
will be aligned with the State plan and the local plans in
the region of the State that will be the focus of grant
activities;
``(G) a description of the outcomes, including outcomes for
the performance accountability measures based on indicators
of performance described in section 136(b)(2)(A)(ii), to be
achieved by the proposed strategies and activities; and
``(H) a description of how the eligible entity will--
``(i) use technology;
``(ii) collect data;
``(iii) made data publicly available; and
``(iv) use technology and date to improve program delivery,
activities, and administration.
``(d) Matching Funds Requirements.--
``(1) Innovation fund share.--The amount of the share of
the funds provided under this section shall be not greater
than 50 percent of the cost of the programs and activities
that are carried out under the grant.
``(2) Matching share.--
``(A) In general.--
``(i) Amount.--The amount of the matching share under this
subsection for a program year may not be less than 50 percent
of the costs of the programs and activities that are carried
out under the grant.
``(ii) In cash or kind.--The matching share may be in cash
or in kind (fairly evaluated).
``(iii) Sources.--Not more than 50 percent of the matching
share required under this subsection may be provided from
Federal resources, of which not less than 50 percent shall be
provided from Federal resources from the partner programs
identified in the application other than resources provided
under the core programs. Non-Federal sources for the matching
share may include State resources, local resources,
contributions from private organizations, or a combination of
such resources and contributions.
``(B) Financial hardship waiver.--The Secretary of Labor
and the Secretary of Education may waive or reduce the
matching share of an eligible entity that has submitted an
application under this subsection if such entity demonstrates
a need for such waiver or reduction due to extreme financial
hardship as defined by the Secretary of Labor and the
Secretary of Education.
``(C) Supplement not supplant.--The Federal and matching
share required by this subsection shall be used to supplement
and not supplant other Federal and State funds used to carry
out activities described in this subsection.
``(e) Grant Period.--Grants awarded under this subsection
shall be awarded for periods of not more than 3 years in
duration and may not be renewed.
``(f) Reporting.--The Secretary of Labor and the Secretary
of Education are authorized to establish appropriate
reporting requirements for grantees under this subsection.
``(g) Technical Assistance and Evaluation.--For each
program year for which funds are available to carry out this
section, the Secretary of Labor and the Secretary of
Education may reserve a total of not more than 3 percent of
the amount available to carry out this subsection to provide
technical assistance to applicants and grantees under this
subsection and to evaluate projects carried out under this
subsection. The Secretaries shall ensure that the results of
the evaluations are publicly available, including through
electronic means.''.
SEC. 158. EVALUATIONS.
Section 172 is amended--
(1) in subsection (a)(2), by inserting ``accountability''
after ``performance'';
(2) in subsection (c)--
(A) by striking ``as least'' and inserting ``at least'';
and
(B) by striking ``2005'' and inserting ``2016'';
(3) in subsection (e), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions'';
(4) by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following new subsection:
``(f) Publication of Reports.--If an entity that enters
into a contract or other arrangement with the Secretary to
conduct an evaluation of a program or activity under this
section requests permission from the Secretary to publish a
report resulting from the
[[Page H1494]]
evaluation, such entity may publish the report unless the
Secretary denies the request during the 90-day period
beginning on the date the Secretary receives such request.''.
SEC. 159. NATIONAL DISLOCATED WORKER GRANTS.
Section 173 is amended--
(1) in the section heading, by striking ``EMERGENCY'' and
inserting ``DISLOCATED WORKER'';
(2) by striking subsection (b) and redesignating subsection
(a) as subsection (b), and inserting before such redesignated
subsection the following new subsection:
``(a) Definitions.--In this section--
``(1) 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; and
``(2) the term `disaster area' means an area that has
suffered or in which has occurred an emergency or
disaster.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking paragraph (4) and redesignating paragraphs
(1) through (3) and (4) as subparagraphs (A) through (C),
respectively, and moving such subparagraphs (as so
redesignated) 2 ems to the right;
(B) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) by striking ``The Secretary'' and inserting:
``(1) Grants.--The Secretary''; and
(ii) by striking ``emergency grants in a timely manner''
and inserting ``dislocated worker grants'';
(C) in subparagraph (A) (as so redesignated), by striking
``subsection (c)'' and inserting ``subsection (c)(1)(B)'';
(D) in subsection (B) (as so redesignated), by striking
``an area that has suffered'' and all that follows and insert
``a disaster area, to provide disaster relief employment in
the disaster area'';
(E) in subparagraph (C) (as so redesignated), by striking
``paragraphs (1) and (2)'' and inserting ``subparagraphs (A)
and (B)''; and
(F) by inserting after subparagraph (C) the following:
``(D) to provide additional assistance to a State board or
local board serving an area where--
``(i) a higher-than-average demand for employment and
training activities for dislocated members of the Armed
Forces, spouses described in section 101(14)(E), or members
of the Armed Forces described in subsection (c)(2)(A)(iv),
exceeds State and local resources for providing such
activities; and
``(ii) such activities are to be carried out in partnership
with the Department of Defense and Department of Veterans
Affairs transition assistance programs; and
``(E) from funds appropriated under section 174(c), to a
State or entity described in subsection (c)(1)(B) to carry
out--
``(i) subsection (e), including providing assistance to
eligible individuals; and
``(ii) subsection (f), including providing assistance to
eligible individuals.
``(2) Decisions and obligations.--The Secretary shall issue
a final decision on a complete application for a national
dislocated worker grant under this subsection not later than
45 calendar days after receipt of the application.'';
(4) in subsection (c)--
(A) in paragraph (1)(A), by striking ``subsection (a)(1)''
and inserting ``subsection (b)(1)(B)''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``emergency'' and inserting ``dislocated worker''; and
(ii) in subparagraph (C), by striking ``emergency'' and
inserting ``dislocated worker'';
(5) in subsection (d)--
(A) by striking ``subsection (a)(2)'' each place it appears
and inserting ``subsection (b)(1)(B)'';
(B) in paragraph (1)(A)--
(i) by inserting ``, in coordination with the Administrator
of the Federal Emergency Management Agency, as applicable,''
after ``shall be used''; and
(ii) by striking ``structures'' and inserting ``public
structures'';
(C) in paragraph (2), by inserting ``emergency or'' after
``consequence of the'';
(D) in paragraph (3)--
(i) by striking ``No individual'' and inserting:
``(A) In general.--Except as provided in subparagraph (B),
no individual'';
(ii) by striking ``natural disaster'' and inserting
``emergency or disaster''; and
(iii) by adding at the end the following new subparagraph:
``(B) Extension.--At the request of a State, the Secretary
may extend such employment, related to recovery from a single
emergency or disaster involving the State, for not more than
an additional 6 months.''; and
(E) by adding at the end the following new paragraphs:
``(4) Use of available funds.--Funds made available under
subsection (b)(1)(B) shall be available to assist workers
described in paragraph (2) who are affected by an emergency
or disaster, including workers who have relocated from an
area in which an emergency or disaster has been declared or
otherwise recognized, as appropriate. Under conditions
determined by the Secretary and following notification to the
Secretary, a State may use such funds, that are appropriated
for any fiscal year and available for expenditure under any
grant awarded to the State under this section, to provide any
assistance authorized under this subsection. Funds used
pursuant to the authority provided under this paragraph shall
be subject to the liability and reimbursement requirements
described in paragraph (5).
``(5) Liability and reimbursement.--Nothing in this Act
shall be construed to relieve liability, by a responsible
party that is liable under Federal law, for any costs
incurred by the United States under subsection (b)(1)(B) or
this subsection, including the responsibility to provide
reimbursement for such costs to the United States.'';
(6) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively;
(7) in subsection (e) (as so redesignated)--
(A) by striking ``paragraph (4)(A) of subsection (a)'' each
place it appears and inserting ``subsection (b)(1)(E)(i)'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``clauses (i) through
(v)'' and inserting ``clauses (i) through (iv)'';
(ii) in subparagraph (B)(iii), by striking ``enactment of
this clause'' and inserting ``enactment of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123
Stat. 115)''; and
(iii) in subparagraph (C), by striking ``subsection (g)''
and inserting ``subsection (f)'';
(C) in paragraph (2), by striking ``subsection (g)'' and
inserting ``subsection (f)'';
(D) in paragraph (3)(A)(i), by striking ``not later than''
and inserting ``notwithstanding subsection (b)(2), not later
than''; and
(E) in paragraph (7)(A)--
(i) in clause (i), by striking ``section 4980B'' and
inserting ``section 4980B(f)(4)''; and
(ii) in clause (ii)(I), by striking ``clause (i), (ii), or
(vi) of paragraph (2)(A))'' and inserting ``subparagraph (A),
(B), or (F) of section 35(e)(1) of such Code)''; and
(8) in subsection (f), (as so redesignated)--
(A) by striking ``paragraph (4)(A) of subsection (a)'' each
place it appears and inserting ``subsection (b)(1)(E)(i)'';
(B) in paragraph (1), by striking ``subsection (f)(1)(A)''
and inserting ``subsection (e)(1)(A)''; and
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``this
subsection'' and inserting ``subsection (b)(1)(E)(ii)''; and
(II) in clause (i), by striking ``not later than'' and
inserting ``notwithstanding subsection (b)(2), not later
than''; and
(ii) in subparagraph (B), by striking ``174(c)(1)(B)'' and
inserting ``subsection (b)(1)(E)(ii)''.
SEC. 160. YOUTHBUILD PROGRAM.
Section 173A is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (4), by striking the period and inserting
``; and''; and
(C) by inserting after paragraph (4) the following new
paragraph:
``(5) to improve the quality and energy efficiency of
community and other nonprofit and public facilities,
including those facilities that are used to serve homeless
and low-income families.'';
(2) in subsection (b)--
(A) by striking paragraph (8) and redesignating paragraphs
(9) through (13) as paragraphs (8) through (12),
respectively;
(B) in paragraph (11) (as so redesignated), by striking
``means housing provided'' and all that follows and inserting
``has the meaning given the term in section 401(29) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(29)).''; and
(C) in paragraph (12) (as so redesignated), by striking
``or construction'' and inserting ``construction, or energy
efficiency enhancement'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``or construction''
and inserting ``construction, or energy efficiency
enhancement'';
(ii) in subparagraph (A)(iv)--
(I) in subclause (II), by striking ``individuals with
limited English proficiency'' and inserting ``participants
who are English language learners''; and
(II) in subclause (III), by striking ``General Education
Development (GED) credential, or other State-recognized
equivalent (including recognized alternative standard'' and
inserting ``or its recognized equivalent including recognized
certificates of attendance or similar documents'';
(iii) in subparagraph (A)(vii)--
(I) by striking ``supportive services''; and
(II) by inserting ``or training'' after ``postsecondary
education'';
(iv) in subparagraph (B), by striking ``or construction''
and inserting ``construction, or energy efficiency
enhancement'';
(v) in subparagraph (C)--
(I) by striking ``or construction'' and inserting
``construction, or energy efficiency enhancement''; and
(II) by striking ``10 percent'' and inserting ``15
percent''; and
[[Page H1495]]
(vi) in subparagraph (D), by inserting ``, including
recruitment and selection of participants,'';
(B) in paragraph (3)(B)--
(i) in clause (i), by inserting ``construction and'' after
``opportunities in'';
(ii) in clauses (iii) and (vi), by striking ``or
construction'' each place it appears and inserting
``construction, or energy efficiency enhancement'';
(iii) in clause (x), by striking ``vocational education''
and inserting ``career and technical education and
training'';
(iv) in clause (xii)--
(I) by striking ``results'' and inserting ``levels'';
(II) by striking ``common'' and inserting ``primary''; and
(III) by striking ``youth and lifelong learning, as
identified by the Secretary'' and inserting ``eligible youth
described in section 136(b)(2)(A)(ii)'';
(v) in clause (xvi)--
(I) in subclause (II), by inserting ``energy efficiency
enhancement'' after ``construction''; and
(II) in subclause (III), by striking ``vocational
education'' and inserting ``career and technical education
and training''; and
(vi) in clause (xvii)(I), by inserting ``energy efficiency
enhancement'' after ``construction''; and
(C) in paragraph (4)--
(i) in subparagraph (C)--
(I) by inserting ``community and'' after ``which the
housing and''; and
(II) by striking ``or construction'' each place it appears
and inserting ``construction, or energy efficiency
enhancement''; and
(ii) in subparagraph (J)--
(I) in clause (ii), by inserting ``energy efficiency
enhancement'' after ``construction''; and
(II) in clause (iii), by striking ``vocational education''
and inserting ``career and technical education and
training'';
(4) in subsection (d), by striking ``or construction'' each
place it appears and inserting ``construction, or energy
efficiency enhancement'';
(5) in subsection (e)(1)--
(A) in subparagraph (A)(iii), by inserting ``, or an
individual who was a school dropout and has subsequently re-
enrolled'' before the period; and
(B) in amending subparagraph (B)(i) to read as follows:
``(i) are basic skills deficient, despite attainment of a
secondary school diploma or its recognized equivalent
(including recognized certificates of attendance or similar
documents for individuals with disabilities); or'';
(6) in subsection (f)(2)--
(A) in subparagraph (A), by inserting ``, or to support
pilot and demonstration projects or program evaluations with
recipients of grants under subsection (c) as directed by the
Secretary, including pilot or demonstration projects that
create new career tracks for Youthbuild participants in areas
such as health care and manufacturing'' before the period;
and
(B) in subparagraph (B), by striking ``shall reserve'' and
inserting ``shall reserve not less than 3 percent and not
more than'';
(7) in subsection (g), by striking ``postsecondary
educational institutions'' and inserting ``institutions of
higher education''; and
(8) by amending subsection (h) to read as follows:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated for each of fiscal years 2013
through 2017 such sums as may be necessary to carry out this
section.''.
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.
Subsections (a) and (b) of section 174 are amended to read
as follows:
``(a) Native American Programs; Migrant and Seasonal
Farmworker Programs; Veterans' Workforce Investment
Programs.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out sections 166
through 168 such sums as may be necessary for each of the
fiscal years 2013 through 2017.
``(2) Reservations.--Of the amount appropriated pursuant to
the authorization of appropriations under paragraph (1) for a
fiscal year, the Secretary shall--
``(A) reserve not less than $55,000,000 for carrying out
section 166;
``(B) reserve not less than $70,000,000 for carrying out
section 167; and
``(C) reserve not less than $7,300,000 for carrying out
section 168.
``(b) Technical Assistance; Innovation Grants.--There are
authorized to be appropriated to carry out sections 169
through 171 such sums as may be necessary for each of the
fiscal years 2013 through 2017.''.
SEC. 162. TRANSITION GRANTS TO STATES.
Subtitle D is further amended by adding at the end the
following:
``SEC. 175. TRANSITION GRANTS TO STATES.
``(a) In General.--For the program year described in
section 171A, from the funds allocated for awards described
in section 171A and section 171B, the Secretary of Labor and
the Secretary of Education shall award, on a competitive
basis, transition grants to States. The Secretaries, to the
extent practicable and consistent with the purposes of the
transition grants under this section, shall award transition
grants in a manner that maximizes the number of States
benefitting from such grants.
``(b) Application.--To be eligible to receive a grant under
this section, the Governor of a State, in coordination with
the State board and in consultation with the local boards,
shall submit an application to the Secretary of Labor and the
Secretary of Education, at such time, in a such manner, and
containing such information, consistent with this subsection,
as the Secretaries may require, including--
``(1) a description of how the grant funds will be used to
carry out the transition activities described in subsection
(d);
``(2) a description of the process by which the State will
award funds to local areas in accordance with subsection
(d)(2); and
``(3) assurances that all the entities carrying out core
programs in the State will participate in the activities.
``(c) Grant Period.--Grants awarded under this subsection
shall be awarded for periods of not more than 2 years in
duration and may not be renewed.
``(d) Use of Funds.--A State that receives a grant under
this section--
``(1) may reserve not more than 40 percent of the grant
funds for transition activities to assist in the development
of the State plan under section 112 or 113; and
``(2) shall use not less than 60 percent of the grant funds
to award subgrants to local areas for transition activities
to assist in the development local and regional plans under
section 116(c) and 118, with a priority in making such awards
to local areas most in need of resources to make the
transition to meeting the requirements of the Workforce
Investment Act of 2012.
``(e) Limitations.--No State may--
``(1) receive more than 1 grant under this section; and
``(2) receive a grant under this section concurrently with
a grant under section 171A or 171B for the first program year
that commences after the date of enactment of the Workforce
Investment Act of 2011.''.
SEC. 163. INTERAGENCY AGREEMENT.
Subtitle D is further amended by adding after section 175
(as added by section 112) the following:
``SEC. 176. INTERAGENCY AGREEMENT.
``(a) In General.--The Secretary of Education and the
Secretary of Labor shall jointly develop policies for the
administration of this subtitle in accordance with such terms
as the Secretaries shall set forth in an interagency
agreement. Such interagency agreement, at a minimum, shall
include a description of the respective roles and
responsibilities of the Secretaries in carrying out this
subtitle (both jointly and separately), including--
``(1) how the funds available under this subtitle will be
obligated and disbursed and compliance with applicable laws
(including regulations) will be ensured, as well as how the
grantees will be selected and monitored, and a peer review
process for selection of grantees that includes program
practitioners and national experts will be carried out;
``(2) how evaluations and research will be conducted on the
effectiveness of grants awarded under this subtitle in
addressing the education and employment needs of job seekers
and workers, youth, and employers;
``(3) how technical assistance will be provided to
applicants and grant recipients;
``(4) how information will be disseminated, including
through electronic means, on best practices and effective
strategies and service delivery models for activities carried
out under this subtitle; and
``(5) how policies and processes critical to the successful
achievement of the education, training, and employment goals
of this subtitle will be established.
``(b) Transfer Authority.--The Secretary of Labor and the
Secretary of Education shall have the authority to transfer
funds between the Department of Labor and the Department of
Education to carry out this subtitle in accordance with the
agreement described in subsection (a).
``(c) Reports.--The Secretary of Labor and the Secretary of
Education shall jointly develop and submit a biennial report
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Workforce of
the House of Representatives, describing--
``(1) actions the Departments have taken to--
``(A) assess the effectiveness of the projects carried out
under this subtitle; and
``(B) facilitate the coordination of the programs carried
out through the grants awarded with other education,
employment and training programs;
``(2) barriers that impede effectiveness of projects
carried out under this subtitle;
``(3) the best practices and effective strategies and
service delivery models that the Departments have identified
pursuant to this subtitle and actions the Departments have
taken to promptly disseminate information, including through
electronic means, on such best practices, service delivery
models, and effective strategies; and
``(4) the actions the Departments have taken to leverage
resources provided under Federal law other than this subtitle
and non-Federal resources, to improve the workforce
investment system nationwide, including in States, regions,
and local areas that have not received funds under this
subtitle.''.
Subtitle E--Administration
SEC. 171. REQUIREMENTS AND RESTRICTIONS.
Section 181 is amended--
(1) in subsection (a), by amending subparagraph (B) of
paragraph (1) to read as follows:
``(B) Rule of construction.--The reference in subparagraph
(A) to section 6(a)(1) of the Fair Labor Standards Act of
1938 (29
[[Page H1496]]
U.S.C. 206(a)(1)) shall not be applicable for individuals in
territorial jurisdictions in which section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206) does not
apply.'';
(2) in subsection (b)(1) by striking ``investment'' and
inserting ``development'';
(3) in subsection (c)(1), by inserting ``or allocation''
after ``an allotment'';
(4) in subsection (d)(2)--
(A) by striking ``employment and training activity'' and
inserting ``employment or training activity'';
(B) by inserting ``incumbent worker training, transitional
employment,'' after ``on-the-job training,''; and
(C) in paragraph (3), by inserting ``(or that has provided
funding to an entity that has violated such paragraph)''
after ``violated such paragraph'';
(5) in subsection (e)--
(A) by inserting ``to carry out an activity'' after ``No
funds available'';
(B) by striking ``and similar activities'' and inserting
``or similar activities''; and
(C) by striking ``title. No funds available under subtitle
B'' and inserting ``or under subtitle C. No funds received to
carry out an activity under subtitle B or C''; and
(6) in subsection (f), by inserting ``or subtitle C'' after
``subtitle B'' both places it appears.
SEC. 172. FISCAL CONTROLS OR SANCTIONS.
Section 184 is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``the appropriate
circulars'' and inserting ``appropriate circulars or rules'';
and
(ii) in subparagraph (B)(ii), by striking ``administration
of youth activities'' and inserting:
``(iii) administration of youth workforce investment
activities.''; and
(B) in paragraphs (5)(A), (6)(C), and (7) (A) and (B), by
inserting ``with the requirements'' afer ``compliance'' each
place it appears;
(2) in subsection (b)(1)(B)(v), by inserting ``with the
provision'' after ``compliance'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``made available'' and inserting
``received'';
(ii) by striking ``offset repayment'' and inserting
``require payment by offsetting the amount''; and
(iii) by inserting ``under this title'' after ``may be
entitled''; and
(B) in paragraph (4), by inserting ``(subsequent to the
program year for which the determination was made)'' after
``allocations''; and
(4) in subsection (d)(1), by striking ``paragraphs (2) and
(3) of''.
SEC. 173. REPORTS, RECORDKEEPING, INVESTIGATIONS.
Section 185(c) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) shall, to the extent practicable, submit or make
available (including through electronic means) any reports,
records, plans, or any other data that are required to be
submitted or made available, respectively, under this
title.''.
SEC. 174. ADMINISTRATIVE PROVISIONS.
Section 189 is amended--
(1) in subsection (a), by striking ``section 204 of the
Intergovernmental Cooperation Act of 1968'' and inserting
``section 6504 of title 31, United States Code'';
(2) in subsection (g), by amending paragraph (2) to read as
follows:
``(2) Availability.--
``(A) In general.--Funds obligated for any program year for
a program or activity funded under subtitle B may be expended
by each State receiving such funds during that program year
and the 2 succeeding program years. Funds received by local
areas from States under subtitle B during a program year may
be expended during that program year and the succeeding
program year.
``(B) Certain national activities.--
``(i) In general.--Funds obligated for any program year for
any program or activity carried out under section 170 or 171
shall remain available until expended.
``(ii) Incremental funding basis.--A contract or
arrangement entered into under the authority of section
170(c) (relating to research projects, studies and reports,
and multistate projects) or section 171 (relating to
evaluations), including a long-term, nonseverable services
contract, may be funded on an incremental basis with annual
appropriations or other available funds.
``(C) Special rule.--No amount of the funds obligated for a
program year for a program or activity funded under this
title shall be deobligated on account of a rate of
expenditure that is consistent with a State plan, an
operating plan described in section 151, or a plan, grant
agreement, contract, application, or other agreement
described in subtitle D, as appropriate.''; and
(3) in subsection (i)--
(A) in paragraph (3), by inserting ``accountability'' after
``performance''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i)--
(I) by inserting ``the funding of infrastructure costs for
one-stop centers,'' after ``functions of local areas and
local boards''; and
(II) by inserting ``, and other requirements relating to
the basic purposes of this title'' before the period;
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``investment'' and inserting ``development''; and
(II) in clause (v), by striking `` an opportunity to
comment on such request has been provided to the local
board'' and inserting ``, in the case of a waiver for a local
area, an opportunity to comment on such request has been
provided to the local board for the local area for which the
waiver is requested'';
(iii) in subparagraph (C), by inserting ``for which the
waiver was requested'' after ``ensure that the local area'';
and
(iv) by adding at the end the following new subparagraph:
``(D) Expedited determination regarding provision of
waivers.--If the Secretary has approved a waiver of statutory
or regulatory requirements for a State or local area pursuant
to this subsection, the Secretary shall expedite the
determination regarding the provision of that waiver, for
another State or local area.''.
SEC. 175. REPEALS.
The Act is further amended by striking section 190, and
redesignating sections 191 through 195 as sections 190
through 194, respectively.
SEC. 176. GENERAL PROGRAM REQUIREMENTS.
Section 194 (as redesignated by section 185) is amended by
adding at the end the following new paragraphs:
``(14) Funds provided under this title shall not be used to
establish or operate a stand-alone fee-for-service enterprise
in a situation in which a private sector employment agency
(as defined in section 701 of the Civil Rights Act of 1964
(42 U.S.C. 2000e)) is providing full access to similar or
related services in such a manner as to fully meet the
identified need. For purposes of this paragraph, such an
enterprise does not include a one-stop delivery system
described in section 121(e).
``(15)(A) None of the funds available under this title
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of the annual
rate of basic pay prescribed for level II of the Executive
Schedule under section 5313 of title 5, United States Code.
``(B) The limitation described in subparagraph (A) shall
not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A-133.
``(C) In a case in which a State is a recipient of such
funds, the State may establish a lower limit than is provided
in subparagraph (A) for salaries and bonuses of those
receiving salaries and bonuses from a subrecipient of such
funds, taking into account factors including the relative
cost of living in the State, the compensation levels for
comparable State or local government employees, and the size
of the organizations that administer the Federal programs
involved.''.
SEC. 177. OFFICE OF DISABILITY EMPLOYMENT POLICY.
Subtitle E is further amended by adding at the end the
following:
``SEC. 195. OFFICE OF DISABILITY EMPLOYMENT POLICY.
``(a) Purpose.--The purpose of this section is to establish
an Office of Disability Employment Policy--
``(1) to help develop and support national policies and
practices that will increase employment and economic
advancement opportunities for all individuals with
disabilities; and
``(2) to ensure that such individuals are fully integrated
into the 21st century workforce.
``(b) Office.--There is established within the Department
of Labor an Office of Disability Employment Policy (referred
to in this section as the `Office'). Except as otherwise
specifically provided in this Act, such Office shall be the
principal entity carrying out the functions described in this
section.
``(c) Assistant Secretary.--
``(1) In general.--The Office shall be headed by an
Assistant Secretary of Disability Employment Policy (referred
to in this title as the `Assistant Secretary') appointed by
the President by and with the advice and consent of the
Senate. Except as otherwise specifically provided in this
Act, the Assistant Secretary shall be the principal officer
carrying out the functions described in this section.
``(2) Experience.--The Assistant Secretary shall be an
individual with substantial experience in, and a thorough
knowledge of, disability employment policy, training and
educational opportunities for individuals with disabilities
(including youth with disabilities), public benefit programs
for individuals with disabilities, job development, and the
barriers that may limit employment and economic advancement
opportunities of individuals with disabilities.
``(3) Goals and direction.--In carrying out the functions
of the Office, the Assistant Secretary shall be guided by the
goals of achieving equal opportunity, full participation,
economic self-sufficiency, and independent living for all
individuals with disabilities, to the greatest extent
possible. In the performance of the functions of the Office,
the Assistant Secretary shall be directly responsible to the
Secretary of Labor.
``(d) Functions.--The Assistant Secretary shall provide
national leadership, and encourage interagency collaboration,
on increasing employment and training opportunities for
individuals with disabilities
[[Page H1497]]
through the development of policies and initiatives (taking
into account relevant information from other Federal agencies
and including the awarding of grants as appropriate) that--
``(1) eliminate barriers to the employment and training of
individuals with disabilities;
``(2) advance opportunities for employment, and identify
strategies that increase employment opportunities in the
private sector, for individuals with disabilities, including
recruitment, retention, and promotion of such individuals;
``(3) identify and remove disincentives that limit or
prevent the full employment of individuals with disabilities
who are receiving benefits through Federal or State programs
such as medical assistance under a State Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), disability insurance benefits under title II of the
Social Security Act (42 U.S.C. 401 et seq.), or supplemental
security income benefits under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.);
``(4) advise and assist the Department of Labor and other
Federal agencies in the development of policies and practices
that increase employment opportunities in the Federal
Government for individuals with disabilities, including
outreach to and recruitment, retention, and promotion of such
individuals;
``(5) assist youth with disabilities, including such youth
who are out-of-school youth, in successfully transitioning
into the workforce;
``(6) increase access for individuals with disabilities
seeking employment, education, and training services from a
one-stop delivery system described in section 221(e) of the
Workforce Investment Act of 2012, and other public and
private providers of such services and supports;
``(7) increase coordination of activities between State
vocational rehabilitation programs and the workforce
development systems (as defined in section 101 of such Act),
including the one-stop centers (as defined in such section
101), including assisting individuals with disabilities in
maximizing the services available through such programs,
systems, and centers;
``(8) leverage available public and system resources to
address individual and systematic employment barriers for
individuals with disabilities, and assist such individuals in
navigating the process of coordinating their public benefits,
including health care;
``(9) increase employment opportunities for individuals
with significant disabilities in competitive integrated
employment; and
``(10) meet other objectives, as specified by the Secretary
of Labor, that will increase employment and training
opportunities for individuals with disabilities.
``(e) Report.--For each fiscal year, beginning with the
first full fiscal year following the date of enactment of the
, the Secretary of Labor shall prepare a report and submit
the report to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, not later than
90 days after the end of that fiscal year. The report shall
summarize the Office's progress in--
``(1) meeting the general objectives specified in
paragraphs (1) and (2) of subsection (a);
``(2) meeting each of the 4 goals specified in subsection
(c)(3); and
``(3) developing the specific policies and initiatives
specified in subsection (d).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2013
through 2017.''.
SEC. 178. INDEPENDENT EVALUATION OF THE EFFICIENCY AND
EFFECTIVENESS OF THE FEDERAL WORKFORCE
INVESTMENT SYSTEM.
(a) Definitions.--In this section--
(1) the term ``Federal job training program'' means any
federally funded employment and training program; and
(2) the term ``individual with barriers to employment'' has
the meaning given such term in section 101(23) of the
Workforce Investment Act of 2013.
(b) Evaluation by the Government Accountability Office.--
(1) Evaluation.--The Comptroller General shall conduct an
evaluation of the operations of federally funded job training
programs in order to evaluate their efficiency and
effectiveness in providing job training services to eligible
participants, particularly individuals with barriers to
employment. The evaluation shall consider--
(A) the findings of the January 2011 report of the
Government Accountability Office entitled ``Multiple
Employment and Training Programs: Providing Information, Co-
locating Services and Consolidating Administrative Structures
could Promote Efficiencies''(GAO-11-92);
(B) whether programs need to be enhanced in order to more
effectively provide needed services;
(C) whether programs are effectively aligned to provide
needed services to different eligible populations; and
(D) whether any programs provide duplicative services to
their participants and, if so, why.
(2) Consultation and recommendations.--The Comptroller
General shall consult with the States, local workforce
investment boards, businesses, labor organizations, workforce
advocates and community organizations, and relevant
education-related organizations in preparing its evaluation
and may make any recommendations to improve the efficiency
and effectiveness of training programs and attain needed
levels of services and accessibility of services.
(3) Submission of plan.--Not later than 12 months after the
date of enactment of this Act, the Comptroller General shall
submit the evaluation and any plan for improvement to the
appropriate committees of Congress.
Subtitle F--Community College to Career Fund
SEC. 181. COMMUNITY COLLEGE TO CAREER FUND.
Title I is further amended by adding at the end the
following:
``Subtitle F--Community College to Career Fund
``SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS
PROGRAM.
``(a) Grants Authorized.--From funds appropriated under
section 199D(1), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement
described in section 199E, shall award competitive grants to
eligible entities described in subsection (b) for the purpose
of developing, offering, improving or providing educational
or career training programs for workers.
``(b) Eligible Entity.--
``(1) In general.--Entities eligible for a grant under this
section are any of the following (or a consortium of any of
the following) in partnership with employers or an
association of employers:
``(A) a junior or community college (as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1085(f)));
``(B) a four-year public institution of higher education
(as defined in section 101 of the Higher Education Act of
1965) that offers two-year degrees, will use funds provided
under this section for activities at the certificate and
associate degree levels, and is not reasonably close, as
determined by the Secretaries, to a community college;
``(C) a tribal college or university (as defined in section
316(b) of the Higher Education Act); or
``(D) at the discretion of the Secretaries, a private, not-
for-profit, two-year institution of higher education in
Puerto Rico, Guam, the United States Virgin Islands, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau.
``(2) Additional partnerships.--In addition to partnering
with employers or an association of employers, the eligible
entities described in paragraph (1) may partner with any of
the organizations described in subparagraphs (A) through (D).
Any such partnership shall collaborate with, and may include,
the State or local workforce investment board.
``(A) An adult education provider or institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965).
``(B) A community-based organization.
``(C) A joint-labor management partnership.
``(D) Any other organization that the Secretaries considers
appropriate.
``(c) Application.--An eligible entity seeking a grant
under this section shall submit a grant proposal to the
Secretaries at such time and containing such information as
the Secretaries determine is required, including a detailed
description of--
``(1) the specific project for which the grant proposal is
submitted, including the manner in which the grant will be
used to develop, offer, improve, or provide an educational or
career training program;
``(2) the extent to which the project will meet the
educational or career training needs of workers in the area
served by the eligible entity;
``(3) the extent to which the project will meet the needs
of employers in the region for skilled workers in in-demand
industry sectors and occupations;
``(4) the extent to which the project submitted fits within
any overall strategic plan developed by an eligible entity;
and
``(5) any previous experience of the eligible entity in
providing educational or career training programs, the
absence of which shall not automatically disqualify an
eligible institution from receiving a grant under this
section.
``(d) Criteria for Award.--
``(1) In general.--Grants under this section shall be
awarded based on criteria established by the Secretaries,
that include the following:
``(A) A determination of the merits of the grant proposal
submitted by the eligible entity to develop, offer, improve,
or provide educational or career training programs to be made
available to workers.
``(B) An assessment of the likely employment opportunities
available in the region to individuals who complete an
educational or career training program that the eligible
entity proposes to develop, offer, improve, or provide.
``(C) An assessment of prior demand for training programs
by individuals eligible for training served by the eligible
entity as well as availability and capacity of existing
training programs to meet future demand for training
programs.
``(2) Priority.--The Secretaries shall give priority to
eligible entities that--
``(A) include a partnership with a business or industry or
sector partnership that--
[[Page H1498]]
``(i) pays a portion of the costs of such programs; or
``(ii) agrees to hire individuals who have completed a
particular postsecondary degree, certificate, or credential
resulting from the training program of the eligible entity;
``(B) enter into a partnership with a labor organization or
labor-management training program that provides technical
expertise for occupationally specific education necessary for
a recognized postsecondary credential leading to a skill
occupation in an in-demand industry sector;
``(C) are focused on serving individuals with barriers to
employment, low-income, non-traditional students as defined
in section 803(j) of the Higher Education Act (20 U.S.C.
11561(c)(j)), students who are dislocated workers, students
who are veterans, or students who are long-term unemployed;
``(D) are community colleges serving areas with high
unemployment rates, including rural areas; and
``(E) are eligible entities that include an institution of
higher education eligible for assistance under title III or V
of the Higher Education Act of 1965.
``(e) Use of Funds.--Grants awarded under this section
shall be used for one or more of the following:
``(1) The development, offering, improvement, or provision
of academic programs or training programs, that provide
relevant job training for skilled occupations that will meet
the needs of employers in in-demand industries sectors, and
which may include registered apprenticeship programs, on-the-
job training programs, and programs that support employers in
upgrading the skills of their workforce.
``(2) The development and implementation of policies and
programs to expand opportunities for students to earn a
recognized postsecondary credential or degree in in-demand
industry sectors and occupations, including by--
``(A) facilitating the transfer of academic credits between
institutions of higher education, including the transfer of
academic credits for courses in the same field of study;
``(B) expanding articulation agreements and policies that
guarantee transfer between such institutions, including
through common course numbering and general core curriculum;
and
``(C) developing or enhancing student support services
programs.
``(3) The creation of workforce programs that provide a
sequence of education and occupational training that leads to
a recognized postsecondary credential or degree, including
programs that--
``(A) blend basic skills and occupational training;
``(B) facilitate means of transitioning from non-credit
occupational, basic skills, or developmental coursework to
for-credit coursework within and across institutions;
``(C) build or enhance linkages including the development
of dual enrollment programs and early college high schools
between secondary education or adult education programs
(including programs established under the Carl D. Perkins
Career and Technical Education Act of 2006 and title II of
this Act);
``(D) implement other innovative programs designed to
increase the provision of training for students, including
students who are veteran members of the National Guard or
Reserves, to enter skilled occupations in in-demand industry
sectors; and
``(E) support paid internships that will allow students to
simultaneously earn credit for work-based learning and gain
relevant employment experience in an in-demand industry
sector or occupation, which shall include opportunities that
transition individuals into employment.
``(4) The support of regional or national in-demand
industry sectors to develop skills consortia that will
identify pressing workforce needs and develop solutions such
as--
``(A) standardizing industry certifications;
``(B) developing new training technologies; and
``(C) collaborating with industry employers to define and
describe how specific skills lead to particular jobs and
career opportunities.
``SEC. 199A. PAY-FOR-PERFORMANCE AND PAY-FOR-SUCCESS JOB
TRAINING PROJECTS.
``(a) Award Grants Authorized.--From funds appropriated
under section 199D(2), the Secretary of Labor and the
Secretary of Education, in accordance with the interagency
agreement described in section 199E, shall award grants on a
competitive basis to eligible entities described in
subsection (b) who meet specific performance outcomes and
criteria established by the Secretaries under subsection (c).
Projects funded by grants under this section shall be
referred to as either Pay-for-Performance or Pay-for-Success
projects, as set forth in subsection (b).
``(b) Eligible Entity.--To be eligible to receive a grant
under this section an entity shall be a State or local
organization (which may be a local workforce organization) in
partnership with entities such as community colleges and
other training providers who--
``(1) in the case of Pay-for-Performance projects, agree to
be reimbursed primarily on the basis of achievement of
specified performance outcomes and criteria agreed upon by
the Secretaries under subsection (c); or
``(2) in the case of Pay-for-Success projects, include
partnerships with investors, such as philanthropic
organizations that provide funding for a specific project or
projects to address a clear and measurable job training need
in the community or region and agree to be reimbursed under
the grant only if the project or projects meet specified
performance outcomes and criteria agreed to by the
Secretaries under subsection (c).
``(c) Performance Outcomes and Criteria.--Not later than 6
months after the date of the enactment of this subtitle, the
Secretary of Labor and the Secretary of Education shall
establish and publish specific performance measures for the
initial qualification of eligible entities to receive a grant
under this section. At a minimum, to receive an award an
eligible entity shall--
``(1) identify a particular program area and client
population that is not achieving optimal outcomes;
``(2) provide evidence that the proposed strategy would
achieve better results;
``(3) clearly articulate and quantify the improved outcomes
of such new approach;
``(4) for Pay-for-Success projects, specify a monetary
value that would need to paid to obtain such results and
explain the basis for such value;
``(5) identify data that would be required to evaluate
whether outcomes are being achieved for a target population
and a comparison group;
``(6) identify estimated savings that would result from the
improved outcomes, including to other programs or units of
government;
``(7) demonstrate the capacity to collect required data,
track outcomes, and validate those outcomes; and
``(8) any other criteria the Secretaries may require.
``(d) Period of Availability for Pay-for-Success
Projects.--Funds appropriated to carry out Pay-for-Success
projects pursuant to section 199D(2) shall, upon obligation,
remain available for disbursement until expended,
notwithstanding section 1552 of title 31, United States Code,
and, if later deobligated, in whole or in part, be available
until expended for additional Pay-for-Success grants under
this section.
``SEC. 199B. BRING JOBS BACK TO AMERICA GRANTS.
``(a) Grants Authorized.--From funds appropriated under
section 199D(3), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement
described in section 199E, shall award grants to State or
local governments for job training and recruiting activities
that can quickly provided businesses with skilled workers in
order to encourage businesses to remain in or relocate to
areas served by such governments. The Secretaries shall
coordinate with the Secretary of Commerce in carrying out
this section.
``(b) Purpose and Use of Funds.--Grants awarded under this
section may be used by a State or local government to issue
subgrants to eligible entities as designated by the
Secretaries, including those described in section 199(b), to
assist such eligible entities in providing training necessary
to provide skilled workers for businesses that have relocated
or are considering relocating operations outside the United
States, and may instead relocate to the areas served by such
governments.
``(c) Application.--A State or local government seeking a
grant under the program established under subsection (a)
shall submit an application to the Secretaries in such manner
and containing such information as the Secretaries may
require. At a minimum, each application shall include--
``(1) a description of the eligible entity or entities the
State or local government proposes to assist in providing job
training or recruiting activities;
``(2) a description of the proposed or existing business
facility, including the number of jobs relating to such
facility and the average wage or salary of those jobs; and
``(3) a description of any other resources that the State
has committed to assisting such business in locating such
facility, including tax incentives provided, bonding
authority exercised, and land granted.
``(d) Criteria.--The Secretaries shall award grants to
State and local governments that--
``(1) the Secretaries determine are most likely to succeed
with a grant under the program in assisting an eligible
entity in providing the training necessary to cause a
business or businesses to remain in or relocate to areas
served by such governments;
``(2) will fund training programs that will result in the
greatest number and quality of jobs;
``(3) have committed State or other resources, to the
extent of their ability as determined by the Secretaries, to
assist a business or businesses to remain in or relocate to
areas served by such governments; and
``(4) have met such other criteria as the Secretaries
consider appropriate, including criteria relating to
marketing plans, benefits to ongoing regional or State
strategies for economic development and job growth.
``SEC. 199C. GRANTS FOR ENTREPRENEUR AND SMALL BUSINESS
STARTUP TRAINING.
``(a) Grants Authorized.--From funds appropriated under
section 199D(4), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement
described in section 199E, shall award competitive grants to
eligible entities described in subsection (b) to provide
training in starting a small business and entrepreneurship.
The Secretaries shall coordinate with the Administrator of
the Small Business Administration in carrying out this
section including in the development of criteria and
selection of proposals.
[[Page H1499]]
``(b) Eligible Entity.--
``(1) In general.--Entities eligible for a grant under this
section are any of the following (or a consortium of any of
the following) in partnership with at least one local or
regional economic development entity described in paragraph
(2):
``(A) a junior or community college (as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1085(f)));
``(B) a four-year public institution of higher education
(as defined in section 101 of the Higher Education Act of
1965) that offers two-year degrees, will use funds provided
under this section for activities at the certificate and
associate degree levels, and is not reasonably close, as
determined by the Secretaries, to a community college;
``(C) a tribal college or university (as defined in section
316(b) of the Higher Education Act); or
``(D) at the discretion of the Secretaries, a private, not-
for-profit, two-year institution of higher education in
Puerto Rico, Guam, the United States Virgin Islands, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau.
``(2) Additional partnerships.--Local or regional economic
development entities described in this paragraph are the
following:
``(A) Small business development centers.
``(B) Women's business centers.
``(C) Regional innovation clusters.
``(D) Local accelerators or incubators.
``(E) State or local economic development agencies.
``(c) Application.--An eligible entity seeking a grant
under this section shall submit a grant proposal in such
manner and containing such information as the Secretaries and
the Small Business Administrator shall require. Such
information shall include the manner in which
entrepreneurship training and education will be provided, the
role of partners in such an arrangement, and the manner in
which the proposal will integrate and partner with local
economic development resources.
``(d) Use of Funds.--Grants awarded under this section
shall be used to provide training in entrepreneurship and
starting a small business, including through online courses,
intensive seminars, and comprehensive courses.
``SEC. 199D. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
$8,000,000,000 to carry out this subtitle, of which
$4,000,000,000 is authorized to be appropriated to the
Secretary of Labor and $4,000,000,000 is authorized to be
appropriated to the Secretary of Education. Such amounts
shall be used to carry out the programs authorized by this
subtitle as follows:
``(1) $7,000,000,000 is authorized for the program
established by section 199;
``(2) $500,000,000 is authorized for the program
established by section 199A;
``(3) $250,000,000 is authorized for the program
established by section 199B;
``(4) $250,000,000 is authorized for the program
established by section 199C; and
``(5) Not more than 5 percent of the amounts authorized
under paragraphs (1) through (4) may be used by the
Secretaries to administer each respective program, including
providing technical assistance and carrying out evaluations.
``(b) Period of Availability.--Except as provided in
section 199A(d), the funds appropriated pursuant to
subsection (a) shall be available for Federal obligation for
the fiscal year for which the funds are appropriated and the
succeeding 2 fiscal years.
``SEC. 199E. INTERAGENCY AGREEMENT.
``(a) In General.--The Secretary of Labor and the Secretary
of Education shall jointly develop policies for the
administration of this subtitle in accordance with such terms
as the Secretaries shall set forth in an interagency
agreement. Such interagency agreement, at a minimum, shall
include a description of the respective roles and
responsibilities of the Secretaries in carrying out this
subtitle (both jointly and separately), including--
``(1) how the funds available under this subtitle will be
obligated and disbursed and compliance with applicable laws
(including regulations) will be ensured, as well as how the
grantees will be selected and monitored;
``(2) how evaluations and research will be conducted on the
effectiveness of grants awarded under this subtitle in
addressing the education and employment needs of workers, and
employers;
``(3) how technical assistance will be provided to
applicants and grant recipients;
``(4) how information will be disseminated, including
through electronic means, on best practices and effective
strategies and service delivery models for activities carried
out under this subtitle; and
``(5) how policies and processes critical to the successful
achievement of the education, training, and employment goals
of this subtitle will be established.
``(b) Transfer Authority.--The Secretary of Labor and the
Secretary of Education shall have the authority to transfer
funds between the Department of Labor and the Department of
Education to carry out this subtitle in accordance with the
agreement described in subsection (a). The Secretary of Labor
and the Secretary of Education shall have the ability to
transfer funds to the Secretary of Commerce and the
Administrator of the Small Business Administration to carry
out sections 199B and 199C, respectively.
``(c) Reports.--The Secretary of Labor and the Secretary of
Education shall jointly develop and submit a biennial report
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives, describing the activities
carried out under this subtitle and the outcomes of such
activities.''.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. PURPOSES, DEFINITIONS, AND MISCELLANEOUS
PROVISIONS.
(a) Purpose.--Section 202 is amended to read as follows:
``SEC. 202. PURPOSE.
``It is the purpose of this title to create a partnership
among the Federal Government, States, and localities to
provide, on a voluntary basis, adult education and literacy
activities, in order to--
``(1) assist adults to become literate and obtain the
knowledge and skills necessary for employment and economic
self-sufficiency;
``(2) assist adults who are parents to obtain the education
and skills that--
``(A) are necessary to becoming full partners in the
educational development of their children; and
``(B) lead to sustainable improvements in the economic
opportunities for their family;
``(3) assist adults in attaining a secondary school diploma
or its equivalent and in the transition to and success in
postsecondary education and training, including through
career pathways;
``(4) assist immigrants and other individuals who are
English language learners in improving their reading,
writing, speaking, and comprehension skills in English;
``(5) assist immigrants in acquiring an understanding of
the American system of government and the responsibilities of
citizenship;
``(6) assist States in expanding a 21st century delivery
system for adult education, literacy, and workplace skills
services that meet the needs of adults at all skill levels;
``(7) assist adults in developing technology literacy; and
``(8) enable more adults to complete adult education and
enter and succeed in postsecondary education and
employment.''.
(b) Definitions.--Section 203 is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Adult education.--The term `adult education' means
academic instruction and services below the postsecondary
level that increase an individual's ability to--
``(A) read, write, and speak in English and perform
mathematics or other activities necessary for the attainment
of a secondary school diploma or its recognized equivalent;
``(B) transition to and success in postsecondary education
and training; or
``(C) obtain employment.'';
(2) in paragraph (2), by striking ``activities described in
section 231(b)'' and inserting ``programs, activities, and
services that include adult education, literacy, workplace
adult education and literacy activities, family literacy
activities, English language acquisition activities,
workforce preparation activities, or integrated education and
training' '';
(3) by striking paragraphs (3), (8), (9), (10), (13), (14),
and (17) and redesignating paragraphs (4), (7), (11), (12),
(15), (16), and (18) as paragraphs (3), (9), (10), (11),
(13), (14), and (15), respectively;
(4) in paragraph (3) (as so redesignated), by inserting
``activities'' after ``literacy'';
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Eligible individual.--The term `eligible individual'
means an individual--
``(A) who has attained 16 years of age;
``(B) who is not enrolled or required to be enrolled in
secondary school under State law; and
``(C) who--
``(i) is unable to compute or solve problems, or read,
write, or speak English at a level necessary to function on
the job, in the individuals' family, or in society;
``(ii) does not have a secondary school diploma or its
recognized equivalent, and has not achieved an equivalent
level of education; or
``(iii) is an English language learner.'';
(6) in paragraph (5)--
(A) by striking ``means--'' and inserting ``means an
organization that has demonstrated effectiveness in providing
adult education and literacy activities that may include--'';
(B) in subparagraphs (B) and (C), by striking ``of
demonstrated effectiveness'' both places it appears;
(C) in subparagraph (H), by striking ``literacy services''
and all that follows and inserting ``adult education and
literacy activities to eligible individuals;'';
(D) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(E) by adding at the end the following:
``(J) a partnership between an employer and an entity
described in any of subparagraphs (A) through (I).'';
(7) by amending paragraph (6) to read as follows:
``(6) English language acquisition program.--The term
`English language acquisition program' means a program of
instruction--
``(A) designed to help eligible individuals who are English
language learners achieve
[[Page H1500]]
competence in reading, writing, speaking, and comprehension
of the English language;
``(B) that may lead to--
``(i) attainment of a secondary school diploma or its
recognized equivalent;
``(ii) transition to success in postsecondary education and
training; and
``(iii) employment or career advancement; and
``(C) that such programs may be sequential, integrated, or
concurrent in nature.'';
(8) by inserting after paragraph (6) the following:
``(7) English language learner.--The term `English language
learner' when used with respect to an eligible individual,
means an eligible individual who has limited ability in
reading, writing, speaking, or comprehending the English
language, and--
``(A) whose native language is a language other than
English; or
``(B) who lives in a family or community environment where
a language other than English is the dominant language.
``(8) High quality literacy instruction.--The term `high
quality literacy instruction' means developmentally
appropriate, explicit, and systematic instruction that
provides students with--
``(A) early development and grade-level mastery of oral
language skills, both listening and speaking, phonological
awareness, using a wide vocabulary, conventional forms of
grammar, and academic language;
``(B) the ability to read regularly spelled words and high-
frequency irregularly spelled words and to decode regularly
spelled unfamiliar words accurately, using phonemic
awareness, print awareness, alphabet knowledge, and knowledge
of English spelling patterns;
``(C) the ability to read texts accurately, fluently, and
with comprehension, relying on knowledge of the vocabulary in
those texts and of the background information that the
students possess;
``(D) the ability to read with a purpose and the capacity
to differentiate purposes and to select and apply
comprehension strategies appropriate to achieving the
purpose;
``(E) an understanding of, and ability to adapt to, the
varying demands of different genres, formats, and types of
texts across the core content areas in order to comprehend
texts of appropriate levels of complexity and content,
including texts necessary for mastery of grade-level
standards;
``(F) the ability to effectively access, critically
evaluate, and appropriately synthesize information from a
variety of sources and formats;
``(G) the development and maintenance of a motivation to
read and write, as reflected in habits of reading and writing
regularly and or discussing one's reading and writing with
others; and
``(H) the ability to write clearly, accurately, and quickly
so as to communicate ideas and deepen comprehension, in ways
that fit purpose, audience, occasion, discipline, and format;
adhere to conventions of spelling and punctuation; and
benefit from revision so as to improve clarity, coherence,
logical development, and the precise use of language.'';
(9) in paragraph (9)--
(A) in the paragraph heading, by striking ``Services'' and
inserting ``Activities'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``services'' both places it appears and
inserting ``activities''; and
(ii) by striking ``changes in a family'' and inserting
``improvements in the economic prospects for a family and
that better enable parents to support their children's
learning needs'';
(C) by striking subparagraph (C) and redesignating
subparagraphs (A) and (B) as subparagraphs (B) and (C),
respectively; and
(D) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) Parent adult education and literacy activities that
lead to readiness for the attainment of a secondary school
diploma or its recognized equivalent postsecondary education
or training, employment, career advancement, and economic
self-sufficiency.'';
(10) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) Integrated education and training.--The term
`integrated education and training' means services that
provide adult education and literacy activities contextually
and concurrently with workforce preparation activities and
workforce training for a specific occupation or occupational
cluster. Such services may include offering adult education
services concurrent with credit-bearing postsecondary
education and training, including through co-instruction.
``(12) Integrated english literacy and civics education.--
The term `integrated English literacy and civics education'
means an integrated program of educational services for
immigrant and other limited English proficient adults,
including immigrant professionals with degrees and
credentials in their native countries, that enables them to
achieve competency in the English language and acquire the
basic and more advanced skills needed to function effectively
as parents, workers, and citizens. Such programs shall
include instruction in literacy and English language
acquisition and instruction on the rights and
responsibilities of citizenship and civic participation, and
may include workforce training.'';
(11) by amending paragraph (15) (as so redesignated) to
read as follows:
``(15) Workplace adult education and literacy activities.--
The term `workplace adult education and literacy activities'
means adult education and literacy activities offered by an
eligible provider in collaboration with an employer or
employee organization at a workplace or an off-site location
that is designed to improve the productivity of the
workforce.''; and
(12) by adding at the end the following:
``(16) Workforce preparation activities.--The term
`workforce preparation activities' means activities,
programs, or services designed to help an individual acquire
a combination of basic academic skills, critical thinking
skills, and self-management skills, including competencies in
utilizing resources, using information, working with others,
understanding systems, working with technology, and skills
necessary for successful transition into and completion of
postsecondary education or training, or employment.''.
(c) Home Schools.--Section 204 is amended--
(1) by inserting ``whether a home school is treated as a
home school or a private school under State law,'' after
``home schools,''; and
(2) by striking ``an English literacy program'' and all
that follows and inserting ``adult education and literacy
activities.''.
(d) Rule of Construction.--Title II is further amended by
redesignating section 205 as section 206 and inserting after
section 204 the following:
``SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY
TRANSITION AND CONCURRENT ENROLLMENT
ACTIVITIES.
``Nothing in this title shall be construed to prohibit or
discourage the use of funds provided under this title for
adult education and literacy activities that help eligible
individuals transition to and succeed in postsecondary
education, including credit-bearing coursework, and training
or employment, or for concurrent enrollment activities.''.
(e) Authorization of Appropriations.--Section 206 (as so
redesignated) is amended--
(1) by inserting ``$1,100,000,000 for fiscal year 2013
and'' after ``to carry out this title''; and
(2) by striking ``of the fiscal years 1999 through 2003''
and inserting ``succeeding fiscal year''.
(f) Technical Amendment.--Title II is further amended--
(1) by striking subtitle B;
(2) by striking the subtitle A designation; and
(3) by redesignating chapters 1 through 4 as subtitles A
through D, respectively.
SEC. 202. AMENDMENTS TO SUBTITLE A.
(a) Reservation of Funds, Eligible Agencies, Allotments.--
Section 211 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation of Funds.--From the sum appropriated
under section 206 for a fiscal year, the Secretary--
``(1) shall reserve $250,000,000 to carry out section
242(c)(1)(E);
``(2) shall reserve 1.5 percent to carry out the remainder
of section 242, except that the amount so reserved shall not
exceed $15,000,000;
``(3) shall reserve 1.5 percent to carry out section 243,
except that the amount so reserved shall not exceed
$12,000,000; and
``(4) shall reserve 12 percent of the amount that remains
after reserving funds under paragraphs (1) and (2) to carry
out section 244.'';
(2) in subsection (b)--
(A) by striking ``section 205'' and inserting ``section
206''; and
(B) by striking ``section 224'' and inserting ``section 112
or a State unified plan approved under section 113''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``section 205'' and inserting ``section
206'';
(ii) by striking ``section 224'' and inserting ``section
112 or a State unified plan approved under section 113''; and
(iii) in subparagraph (A)--
(I) by striking ``$100,000'' and inserting ``$250,000'';
and
(II) by inserting ``except as provided in subsection (e)''
after ``outlying area''; and
(iv) in subparagraph (B), by striking ``$250,000'' and
inserting ``$350,000''; and
(B) in paragraph (2), by striking ``section 205'' and
inserting ``section 206'';
(4) by amending subsection (f) to read as follows:
``(f) Hold-Harmless Provisions.--
``(1) In general.--Notwithstanding subsection (c), for
fiscal year 2011 and each succeeding fiscal year, no eligible
agency shall receive an allotment under this section that is
less than 90 percent of the allotment the eligible agency
received for the preceding fiscal year under this section.
``(2) 100 percent allotment.--Notwithstanding paragraph (1)
of subsection (e), for a fiscal year for which an eligible
agency receives only an initial allotment under subsection
(c)(1) (and no additional allotment under subsection (c)(2))
the eligible agency shall receive an allotment under this
section that is equal to 100 percent of the initial allotment
under subsection (c)(1).
``(3) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to
satisfy the provisions of paragraphs (1) and (2), the
Secretary shall ratably reduce the payments to all eligible
agencies, as necessary.''; and
(5) by adding at the end the following:
``(h) Study and Report.--
[[Page H1501]]
``(1) Study.--The Comptroller General of the United States
shall conduct a study concerning the formula described in
this section and, in conducting the study, shall, at a
minimum--
``(A) examine whether the formula results in a distribution
of funds that sufficiently targets the entire population of
individuals eligible for adult education and literacy
activities under this title;
``(B) examine whether the data used to count qualified
adults, for purposes of the formula, accurately identify the
population of individuals eligible for the activities; and
``(C) develop recommendations, as necessary, for improving
the formula so that the formula results in a distribution of
funds that better serves that population and the data used to
count qualified adults accurately measure that population.
``(2) Report.--Not later than 3 years after the date of
enactment of the Workforce Investment Act of 2013, the
Comptroller General shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives a report containing the results of the study
described in paragraph (1).''.
(b) Performance Accountability System.--Section 212 is
amended to read as follows:
``SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
``Programs and activities authorized in this title are
subject to the performance accountability provisions
described in section 136. Additional indicators shall include
the following:
``(1) Demonstrated improvements in literacy skill levels in
reading, writing, and speaking the English language,
numeracy, English language acquisition, and other literacy
skills.
``(2) Receipt of a secondary school diploma or its
equivalent.
``(3) Attainment of an industry-recognized workforce
readiness credential or other recognized postsecondary
credential, the attainment of which requires skills below the
postsecondary level.
``(4) Placement in, retention in, or completion of a
postsecondary education or training program.''.
SEC. 203. AMENDMENTS TO SUBTITLE B.
(a) State Administration.--Section 221 is amended--
(1) in paragraph (1), by striking ``submission, and
implementation of the State plan'' and inserting
``implementation, and monitoring of the relevant components
of the State unified plan in section 112 or the State unified
plan in section 113''.
(b) State Distribution and Matching Requirement.--Section
222 is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``
this subtitle'' and inserting ``section 211(b)'';
(B) in paragraph (1)--
(i) by striking ``82.5 percent'' and inserting ``80
percent'';
(ii) by striking ``10 percent'' and inserting ``not less
than 10 percent''; and
(iii) by striking ``of the 82.5 percent'';
(C) in paragraph (2), by striking ``12.5 percent'' and
inserting ``15 percent''; and
(D) in paragraph (3), by striking ``$65,000'' and inserting
``$75,000''; and
(2) in subsection (b)(1), by striking ``equal to--'' and
inserting ``that is not less than--''.
(c) State Leadership Activities.--Section 223 is amended by
amending subsection (a) to read as follows:
``(a) Activities.--
``(1) Required.--Each eligible agency shall use funds made
available under section 222(a)(2) and from other funds
available to the State for such purposes, for the following
adult education and literacy activities to develop or enhance
the adult education system of the State or outlying area:
``(A) The alignment of adult education and literacy
activities with other core programs and one-stop partners,
including eligible providers, to implement the strategy
identified in the unified State plan under section 112 or the
State unified plan under section 113, including the
development of career pathways to provide access to
employment and training services for individuals in adult
education and literacy activities.
``(B) The establishment or operation of high-quality
professional development programs to improve the instruction
provided pursuant to local activities required under section
231(b), including instruction incorporating the essential
components of reading, writing, and numeracy instruction and
instruction for English language learners as such components
relate to adults, instruction related to the specific needs
of adult learners, instruction provided by volunteers or by
personnel of a State or outlying area, and dissemination of
information about models and promising practices related to
such programs.
``(C) The provision of technical assistance to eligible
providers of adult education and literacy activities,
including technical assistance in--
``(i) the development and dissemination of instructional
and programmatic practices based on available evidence-based
research, where appropriate, in reading, writing, speaking,
mathematics, English language acquisition programs, distance
education, and staff training;
``(ii) the role of eligible providers as a one-stop partner
in providing access to employment, education, and training
services;
``(iii) the use of technology, including for staff
training, to eligible providers, especially the use of
technology to improve system efficiencies;
``(iv) the development of content and models for career
pathways, including integrated education and training, career
bridge programs or instruction, and postsecondary transition
activities; and
``(v) the acquisition and implementation of technology
tools, applications, and other resources that will--
``(I) help in enhancing or redesigning adult education,
literacy, and workplace skills curricula to improve
technology literacy for adult learners;
``(II) facilitate assessments for data analysis to enable
individualized instruction; and
``(III) be employed in professional development activities.
``(D) The monitoring and evaluation of the quality of, and
the improvement in, adult education and literacy activities
and the dissemination of information about models and proven
or promising practices within the State.
``(E) The assessment of the quality of the adult education
teacher workforce in the State, which shall include taking
actions to improve that quality, including by establishing a
requirement that all paid professionals have at least a
bachelor's degree and that volunteers be required to be
supervised or supported by a paid professional with a
bachelor's degree, and through such actions as working in
partnership with colleges and universities to improve the
quality of adult education teacher preparation and increase
access to high-quality preparation programs.
``(F) The development of rigorous content standards and
aligned assessments for their adult education programs that
reflect accepted standards for college- and career-readiness
that are aligned with the college- and career-ready standards
the State develops and implements in compliance with section
14006(d)(4) of the American Recovery and Reinvestment Act of
2009.
``(2) Permissible activities.--Each eligible agency may use
funds made available under section 222(a)(2) for 1 or more of
the following adult education and literacy activities:
``(A) The support of State or regional networks of literacy
resource centers.
``(B) The development and implementation of technology
applications, including online and on-air educational digital
content, translation technology, or distance education,
including professional development to support the use of
instructional technology.
``(C) The development and dissemination of curricula,
including curricula incorporating the essential components of
reading instruction as such components relate to adults.
``(D) The dissemination of content and models for
integrated education and training and career pathways,
including the provision of technical assistance to eligible
providers in the State administering such programs.
``(E) The provision of assistance to eligible providers in
developing and implementing programs that achieve the
objectives of this title and in measuring the progress of
those programs in achieving such objectives, including
meeting the State adjusted levels of performance described in
section 136(b)(3).
``(F) The provision of assistance to eligible providers in
the development of new data management systems required by
the performance accountability system described in section
136(b).
``(G) The development and implementation of a system to
assist in the transition from adult education to
postsecondary education, including linkages with
postsecondary educational institutions or institutions of
higher education.
``(H) The integration of literacy and English language
instruction with occupational skill training, including
promoting linkages with employers.
``(I) Activities to promote workplace adult education and
literacy activities.
``(J) Activities to promote and complement local outreach
initiatives described in section 243(b)(3)(G).
``(K) In cooperation with efforts funded under sections 242
and 243, development and piloting of--
``(i) promising and proven assessment tools and strategies
that--
``(I) are based on evidence-based research, where available
and appropriate; and
``(II) identify the needs and capture the gains of students
at all levels, with particular emphasis on--
``(aa) students at the lowest achievement level;
``(bb) students who are English language learners; and
``(cc) adults with learning disabilities;
``(ii) strategies for improving teacher quality and
retention;
``(iii) assistance in converting evidence-based research
into practice; and
``(iv) strategies in the use of technology, including
online and on-air educational digital content to improve
technology literacy for adult learners.
``(L) The development and implementation of programs and
services to meet the needs of adult learners with learning
disabilities who are English language learners.
``(M) Family literacy activities that promote adult
education and help parents become their child's first
teacher.
``(N) Support for recruitment and outreach for instructors,
students, and employers.
``(O) Other activities of statewide significance that
promote the purpose of this title.
[[Page H1502]]
``(3) Digital learning.--Each eligible agency may reserve
up to 10 percent of the funds made available under section
(222)(a)(2) for grants to an entity that owns and operates a
television public broadcast station, as defined in section
397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))
(including a partnership of such entities), in partnership
with an eligible agency, State Board described in section
111, or institution of higher education to develop,
disseminate, and provide online and on-air education and
training services for adults, including:
``(A) the development, training and use of innovative,
high-quality tools, products, and educational digital content
and services for--
``(i) adult education and literacy, GED preparation,
workforce training, and related outreach (including community
and family) services;
``(ii) professional development; and
``(iii) English language education and services for non-
English speakers;
``(B) the development and implementation of technology
applications, including online and on-air education digital
content, translation technology, or distance education,
including professional development to support the use of
instructional technology; and
``(C) developing and piloting strategies in the use of
technology through online and on-air educational digital
content, including to improve technology literacy for adult
learners.''.
(d) State Plan.--Section 224 is amended to read as follows:
``SEC. 224. STATE PLAN.
``Each State desiring to receive funds under this title for
any fiscal year shall submit and have approved by the
Secretary and the Secretary of Labor a State plan in
accordance with section 112 or a State unified plan in
accordance with section 113.''.
(e) Programs for Corrections Education and Other
Institutionalized Individuals.--Section 225 is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``basic education'' and
inserting ``adult education and literacy activities'';
(B) in paragraph (2), by striking ``education programs''
and inserting ``education,''; and
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) secondary school credit;
``(4) integrated education and training;
``(5) career pathways;
``(6) concurrent enrollment;
``(7) postsecondary correctional education linked to
employment;
``(8) peer tutoring; and
``(9) transition to re-entry initiatives and other post-
release services with the goal of reducing recidivism.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Report.--In addition to any report required under
section 136, each eligible agency that receives assistance
provided under this section shall annually prepare and submit
to the Secretary a report on the progress, as described in
section 136, of the eligible agency with respect to the
programs and activities carried out under this section,
including the rate of recidivism for the criminal offenders
served.
``(e) Definitions.--In this section:
``(1) Correctional institution.--The term `correctional
institution' means any--
``(A) prison;
``(B) jail;
``(C) reformatory;
``(D) work farm;
``(E) detention center; or
``(F) halfway house, community-based rehabilitation center,
or any other similar institution designed for the confinement
or rehabilitation of criminal offenders.
``(2) Criminal offender.--The term `criminal offender'
means any individual who is charged with or convicted of any
criminal offense.''.
SEC. 204. AMENDMENTS TO SUBTITLE C.
(a) Grants and Contracts for Eligible Providers.--Section
231 is amended--
(1) in subsection (b), by striking ``one or more programs
that provide'' and all that follows and inserting ``programs
that provide adult education and literacy activities,
programs that provide such activities concurrently with
postsecondary education or training or employment activities,
and credit-bearing postsecondary coursework.'';
(2) in subsection (c)--
(A) by striking ``Each eligible'' and inserting:
``(1) In general.--Each eligible'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs 2 ems to the right;
(C) in subparagraph (A) (as so redesignated), by inserting
``and compete'' after ``apply''; and
(D) by adding at the end the following:
``(2) GAO study.--Not later than the second program year
following the date of enactment of the , the Comptroller
General shall conduct a study to determine how the provisions
of paragraph (1) have been implemented and whether such
provisions accomplished the purposes of such paragraph.'';
(3) in subsection (d)--
(A) by striking ``section 203(1)'' and inserting ``section
203(4)''; and
(B) by striking ``other than adult education activities''
and inserting ``other than activities for eligible
individuals''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``will establish
measurable goals for participant outcomes'' and insert
``would be responsive to--
``(A) regional needs as identified in the local plan under
section 118; and
``(B) serving individuals in the community who were
identified in such plan as most in need of adult education
and literacy activities, including individuals--
``(i) who have low levels of literacy skills;
``(ii) who have learning disabilities; or
``(iii) who are English language learners;'';
(B) by amending paragraphs (2) through (8) to read as
follows:
``(2) capacity, including past effectiveness in improving
the English language, reading, and mathematic skills of
eligible individuals of the eligible provider, to meet and
exceed State-adjusted levels of performance for the primary
indicators of performance described in section 136 for
eligible individuals, especially with respect to eligible
individuals who have low levels of literacy;
``(3) the extent to which the eligible provider
demonstrates alignment between proposed activities and
services and the strategy and goals of the local plan under
section 118, as well as with the activities and services of
the one-stop partners;
``(4) whether the eligible provider's program uses
instructional practices that include the essential components
of reading instruction;
``(5) whether the eligible provider's activities are built
on a strong foundation of evidence-based research on
available and effective educational practices;
``(6) whether the eligible provider's activities
effectively employ advances in technology and delivery
systems, including distance education;
``(7) whether the eligible provider's activities provide
learning in context, including through integrated education
and training, so that an individual acquires the skills
needed to transition to and success in completing
postsecondary education and training programs, obtain and
advance in employment leading to economic self-sufficiency,
and exercise the rights and responsibilities of citizenship;
``(8) whether the eligible provider's activities are
delivered by instructors, counselors, and administrators who
meet minimum qualifications established by the State, and who
have access to professional development, including through
electronic means;'';
(C) in paragraph (9)--
(i) by inserting ``eligible provider's'' after ``whether
the'';
(ii) by inserting ``education, training, and social
service'' after ``other available'';
(iii) by inserting ``local workforce investment boards,''
after ``postsecondary educational institutions,''; and
(iv) by inserting ``, business, industry, labor
organizations, community-based organizations, nonprofit
organizations, and intermediaries, for the development of
career pathways'' before the semicolon;
(D) in paragraph (10)--
(i) by inserting ``eligible provider's'' after ``whether
the'';
(ii) by inserting ``coordination with Federal, State, and
local'' after ``schedules and''; and
(iii) by striking ``and transportation'' and inserting
``transportation, mental health services, and career
planning''; and
(E) by striking paragraphs (11) and (12) and inserting the
following:
``(11) the capacity of the eligible provider to provide
integrated education and training;
``(12) whether the eligible provider maintains an
information management system that has the capacity to report
measurable participant outcomes (consistent with section 136)
and monitor program performance;
``(13) the capacity of the eligible provider to offer or
connect individuals with career pathways that will lead to
economic self-sufficiency;
``(14) whether the local areas in which the eligible
provider is located have demonstrated need for additional
English language acquisition programs, integrated English
literacy, and civics education programs; and
``(15) the capacity of the eligible provider to serve
eligible individuals with disabilities, including individuals
with learning disabilities.''.
(b) Local Application.--Section 232 is amended--
(1) in the matter preceding paragraph (1), by striking
``under this subtitle'' and inserting ``from an eligible
agency'';
(2) in paragraph (1), by striking ``; and'' and inserting
``consistent with the requirements of this title;''; and
(3) by striking the period at the end of paragraph (2) and
inserting a semicolon, and after such paragraph inserting the
following:
``(3) a description of how the eligible provider will
provide services in alignment with the local plan under
section 118, including how such provider will promote
concurrent enrollment in programs and activities under titles
I and II, as appropriate, to assist eligible individuals in
accessing and succeeding in postsecondary education and job
training services and how such provider will promote access
to career pathways;
``(4) a description of how the eligible provider will meet
the State adjusted levels of performance described in section
136(b)(3), including how such provider will collect data to
report on such performance indicators;
``(5) a description of how the eligible provider will
fulfill one-stop partner responsibilities as described in
section 121(b)(1)(A), as appropriate;
[[Page H1503]]
``(6) a description of how the eligible provider will
provide services in a manner that meets the needs of eligible
individuals; and
``(7) information that addresses the considerations
described under section 231(e), as applicable.''.
(c) Local Administrative Cost Limits.--Section 233 is
amended--
(1) in subsection (a)(2), by striking ``personnel
development and interagency coordination'' and inserting
``(including carrying out the requirements of section 136),
professional development, and the activities described in
paragraphs (3) and (5) of section 232''; and
(2) in subsection (b), by striking ``adequate planning,
administration, personnel development, and interagency
coordination'' and inserting ``the eligible provider to carry
out the activities described in subsection (a)(2)''.
SEC. 205. AMENDMENTS TO SUBTITLE D.
(a) Administrative Provisions.--Section 241(b) is amended--
(1) in paragraph (1)(A), by striking ``adult education and
literacy activities'' and inserting ``activities under this
title''; and
(2) in paragraph (4), by striking ``1 fiscal year only''
and inserting ``not more than 1 fiscal year''.
(b) National Institute for Adult Education and Literacy.--
Section 242 is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``Adult Education and'' after ``Institute for'';
(B) in paragraph (1), by striking ``literacy'' and
inserting ``effective adult education and literacy activities
for adults and families, including the identification of
research topics'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively, and inserting after paragraph (1)
the following:
``(2) supports the development and replication of promising
and proven approaches to adult education and literacy
activities and programs of demonstrated effectiveness;'';
(D) in paragraph (3) (as so redesignated), by striking
``literacy'' and inserting ``and disseminates information on
adult education and literacy activities,''; and
(E) in paragraph (4) (as so redesignated), by striking
``programs by--'' and all that follows through subparagraph
(A) and inserting ``activities by--
``(A) providing advice on the efforts of the Department of
Education, Department of Labor, and the Department of Health
and Human Services and other relevant agencies to achieve the
goals of adult education and literacy programs and programs
consistent with title I, within and across such agencies;
``(B) coordinating and participating in the Federal effort
to identify, produce, and disseminate information on adult
education and literacy activities that are derived from
available evidence-based research and effective programs that
serve adults and families, including individuals with
learning disabilities; and
``(C) providing current information annually on effective
practices and research in adult education and literacy
activities to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives, and the relevant
Federal agencies.'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``Adult Education and''
after ``Institute for''; and
(B) in paragraph (2), by striking ``separate'' and
inserting ``independent'';
(3) by amending subsection (c) to read as follows:
``(c) Duties.--
``(1) In general.--In order to reinforce and support the
alignment of activities and programs consistent with
provisions under title I, the Institute is authorized--
``(A) to maintain a national electronic database of
information that disseminates information to the broadest
possible audience within the adult education and literacy
field, and that includes--
``(i) best practices and research regarding the provision
of adult education and literacy activities, including
instruction in the essential components of reading
instruction, integrated education and training, and the
integration of English literacy and civics education;
``(ii) public and private adult education and literacy
activities and programs, and Federal, State, and local
policies, affecting the provision of adult education and
literacy activities at the national, State, and local levels;
``(iii) opportunities for technical assistance, meetings,
conferences, and other opportunities that lead to the
improvement of adult education and literacy activities;
``(iv) a list of eligible providers; and
``(v) best practices in reading research, numeracy
instruction, and service to English language learners;
``(B) to coordinate the support of promising and proven
research, as defined by the Institute of Education Sciences,
and development on adult education and literacy activities
for adults and for employers across Federal agencies, and to
carry out basic and applied research and development on
topics that are not being investigated by other organizations
or agencies, such as the special literacy needs of
individuals with learning disabilities;
``(C) to provide policy and technical assistance to
Federal, State, and local entities for the improvement of
policy and programs relating to adult education and literacy
activities;
``(D) to fund a network of State or regional adult
education and literacy resource centers to assist State
eligible agencies, eligible providers, and private nonprofit
efforts to improve adult education and literacy activities
by--
``(i) encouraging the coordination of adult education and
literacy activities;
``(ii) enhancing the capacity of State eligible agencies
and eligible providers to deliver adult education and
literacy activities; and
``(iii) serving as a link between the Institute and
eligible providers of adult education and literacy activities
for the purpose of sharing information, data, research,
expertise, and literacy resources, and for soliciting
research needs;
``(E) to establish and maintain a national adult learning
and technology resource center to--
``(i) develop frameworks for technology-based learning and
professional development materials for adult education,
literacy, and workplace skills;
``(ii) support distance education for professional
development for eligible entities and eligible providers of
adult education, literacy, and workplace skills services;
``(iii) coordinate and share information on the innovative
uses of technology, such as the use of assistive technology
to deliver digital content to adult learners; and
``(iv) be accessible to the public through the website of
the center;
``(F) to advise Congress and Federal departments and
agencies regarding the development of policy with respect to
adult education and literacy activities;
``(G) to undertake other activities that lead to the
improvement of the Nation's adult education and literacy
delivery system and that complement other such efforts being
undertaken by public and private agencies and organizations,
including activities that relate to the acquisition of skills
in reading, writing, English language acquisition, and
mathematics;
``(H) to assist States that are pursuing the implementation
of standards-based educational improvements and related
standards-based assessment instruments for eligible providers
through the dissemination of training, technical assistance,
and related support; and
``(I) to develop and disseminate best practices on the
education, training, professional development, certification,
and credentialing of adult education instructors, including
how the use of technology can contribute to such efforts.
``(2) Grants, contracts, and cooperative agreements.--The
Institute may award competitive grants to, or enter into
contracts or cooperative agreements with, individuals, public
or private institutions, agencies, organizations, or
consortia of such institutions, agencies, or organizations to
carry out the activities of the Institute.
``(3) Coordination.--In identifying and supporting
promising and proven research the Institute shall use
standards for research quality that are consistent with those
of the Institute of Education Sciences.'';
(4) in subsection (d)(1), by striking ``research, or
innovation'' and inserting ``or research'';
(5) in subsection (e)--
(A) in the subsection heading, by inserting ``Adult
Education and'' after ``Institute for'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting ``Adult Education
and'' after ``Institute for'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``adult education and'' after
``organizations and providers of''; and
(II) by striking ``English literacy'' and inserting
``English language acquisition'';
(iii) in subparagraph (B)(ii), by striking ``literacy
programs'' and inserting ``or have participated in or
partnered with workplace adult education and literacy
activities'';
(iv) in subparagraph (B)(iii), by striking ``literacy''
both places it appears and inserting ``adult education and
literacy'';
(v) in subparagraph (B)(iv), by inserting ``adult education
and literacy research, including adult'' after ``area of'';
(vi) in subparagraph (B)(vi), by striking ``and'';
(vii) in subparagraph (B)(vii), by striking the period and
inserting ``; and''; and
(viii) by adding at the end the following:
``(viii) institutions of higher education or postsecondary
educational institutions.'';
(C) in paragraph (2)--
(i) in subparagraph (B), by striking ``and'';
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) review the biennial report submitted to Congress
pursuant to subsection (k).''; and
(D) in paragraph (5)--
(i) by striking ``Any'' and inserting ``A''; and
(ii) by inserting ``at a meeting for which there is a
quorum'' before the period;
(6) in subsection (k)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``The'' and inserting ; and
(ii) by striking ``Committee on Labor and Human Resources
of the Senate'' and inserting ``Committee on Health,
Education, Labor and Pensions of the Senate and the relevant
agencies'';
(B) in paragraph (1), by inserting ``adult education and''
after ``field of''; and
(C) in paragraph (2), by striking ``adult education and''
after ``goals of the''; and
(7) by adding at the end the following:
[[Page H1504]]
``(m) National Institute for Literacy.--Any reference in
any other Federal law, Executive order, rule, regulation, or
delegation of authority, or any document of or pertaining
to--
``(1) the head of the National Institute for Literacy shall
be treated as a reference to the head of the National
Institute for Adult Education and Literacy; and
``(2) the National Institute for Literacy shall be treated
as a reference to the National Institute for Adult Education
and Literacy.''.
(c) National Leadership Activities.--Section 243 is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary'' and inserting:
``(a) In General.--The Secretary'';
(B) by inserting ``and outcomes'' after ``the quality'';
(C) by striking ``programs'' and inserting ``activities and
programs''; and
(D) by striking ``Such activities may include the
following:'' and inserting:
``(b) Allowable Activities.--The national leadership
activities described in subsection (a) may include the
following:'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively and inserting
before subparagraph (B) (as so redesignated) the following:
``(A) assistance to help States meet the requirements of
section 136;'';
(B) in subparagraph (B) (as so redesignated)--
(i) by striking ``developing and using performance
measures'' and inserting ``using performance accountability
measures based on indicators described in section 136, and
data systems''; and
(ii) by striking ``, including family literacy services'';
(C) in subparagraph (C) (as so redesignated), by striking
``including family literacy services'' and all that follows
and inserting ``utilizing evidence-based research where
available;'';
(D) in subparagraph (D) (as so redesignated)--
(i) by striking ``learning'' and inserting ``education'';
and
(ii) by striking the period and inserting the following:
``, including through the use of instructional models that
blend in-person and online instruction; and''; and
(E) by adding at the end the following:
``(E) assistance in the development and dissemination of
promising and proven models for addressing the digital
literacy needs of adults, including older adults.'';
(3) by redesignating paragraph (2) as paragraph (3), and
inserting after paragraph (1) the following:
``(2) A program of grants, contracts, or cooperative
agreements awarded on a competitive basis to national,
regional, or local networks of private nonprofit
organizations, public libraries, or institutions of higher
education to build the capacity of such networks' members
to--
``(A) meet the performance requirements, described in
section 136, of eligible providers under this title; and
``(B) involve eligible individuals in program
improvement.''; and
(4) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by inserting
``institutions of higher education,'' after ``postsecondary
educational institutions,'';
(B) in subparagraph (A), by striking ``phonemic awareness''
and all that follows through ``reading comprehension'' and
inserting ``the essential components of reading
instruction'';
(C) in subparagraph (B), by striking ``, including family
literacy services'';
(D) in subparagraph (C), by striking ``research, such as''
and inserting: ``research, including evidence-based research
where available, on national literacy basic skill acquisition
for adult learning, including'';
(E) in subparagraph (D)--
(i) in clause (i), by striking the semicolon and inserting
``, which may include programs that--
``(I) accelerate learning outcomes for eligible individuals
with the lowest literacy levels;
``(II) promote career pathways for eligible individuals;
``(III) promote concurrent enrollment programs in adult
education and credit bearing postsecondary coursework; and
``(IV) develop high-quality professional development
activities for eligible providers;''; and
(ii) in clause (ii), by striking ``such as the
development'' and all that follows and inserting ``such as--
``(I) programs for skill certification;
``(II) the identification of effective strategies for
working with adults with learning disabilities and with
adults who are English language learners;
``(III) integrated education and training programs;
``(IV) programs providing adult education and literacy
activities coordinated with employment services;
``(V) family literacy activities that promote adult
education and help parents become their child's first
teacher; and
``(VI) postsecondary education and training transition
programs;'';
(F) in subparagraph (E)--
(i) in the matter preceding clause (i), by striking
``through studies and analyses conducted independently'';
(ii) in clause (i)--
(I) by inserting ``accountability'' after ``performance'';
(II) by inserting ``, including interim measures connected
to increasing advancement along a career pathway,'' after
``measures of accountability''; and
(III) by striking ``, including family literacy services'';
(iii) in clause (ii)--
(I) by striking ``including family literacy services''; and
(II) by striking ``adults (and of children'' and all that
follows through ``in such activities'' and inserting
``eligible individuals, lead'';
(iv) in clause (iii)--
(I) by striking ``adults'' and inserting ``eligible
individuals'';
(II) by striking ``family''; and
(III) by striking ``programs'' and inserting
``activities''; and
(v) in clause (iv), by striking ``eligible agencies have
distributed'' and all that follows and inserting ``different
types of providers measurably improve the skills of eligible
individuals in adult education and literacy activities;'';
(G) by redesignating subparagraphs (F), (G) and (H) as
subparagraphs (G), (H), and (K), respectively;
(H) by inserting after subparagraph (E) the following:
``(F) carrying out research on the relationship between
instructional quality, including education levels,
certification status, and experience of instructors, and the
performance outcomes of eligible providers consistent with
section 136;'';
(I) in subparagraph (G) (as so redesignated)--
(i) by inserting ``of programs'' after ``building''; and
(ii) by striking ``subtitle'' and inserting ``title''; and
(J) in subparagraph (H) (as so redesignated), by striking
``; and'' and inserting a semicolon and inserting after such
subparagraph the following:
``(I) supporting the development of an entity that would
produce and distribute technology-based programs and
materials for adult education and literacy activities using
an interconnection system (as defined in section 397 of the
Communications Act of 1934 (47 U.S.C. 397)) and expand the
effective outreach and use of such programs and materials to
eligible providers;
``(J) determining how participation in adult education and
literacy activities prepares eligible individuals for entry
into postsecondary education and employment and, in the case
of programs carried out in correctional institutions, has an
effect on recidivism; and''.
(d) Integrated English Literacy and Civics Education.--
Subtitle D, as redesignated by section 201(f), is further
amended by adding after section 243 the following new
section:
``SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
``(a) In General.--From funds made available under section
211(a)(1)(C) for each fiscal year, the Secretary shall award
grants to States, from allotments under subsection (b), for
integrated English literacy and civics education.
``(b) Allotment.--
``(1) In general.--Subject to paragraph (2), from amounts
made available under section 211(a)(1)(C) for a fiscal year,
the Secretary shall allocate--
``(A) 65 percent to the States on the basis of a State's
need for integrated English literacy and civics education, as
determined by calculating each State's share of a 10-year
average of the data of the Office of Immigration Statistics
of the Department of Homeland Security for immigrants
admitted for legal permanent residence for the 10 most recent
years; and
``(B) 35 percent to the States on the basis of whether the
State experienced growth, as measured by the average of the 3
most recent years for which the data of the Office of
Immigration Statistics of the Department of Homeland Security
for immigrants admitted for legal permanent residence are
available.
``(2) Minimum.--No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
``(c) Study To Determine Continued Need.--Not later than 2
years after the date of the enactment of the Workforce
Investment Act of 2012 and every 2 years thereafter, the
Secretaries of Education, Labor, and Homeland Security shall
submit a report to Congress about the English-language
instruction needs of adult immigrants. It shall include
changes in national, State and county-level approaches and
requirements in English-language instruction; data on the
composition of recent immigration flows and immigrant
settlement patterns across States; and estimated
instructional needs based on the English ability and
educational attainment of recent immigrants from top
immigrant-sending countries. Such study shall be commissioned
by the Institute of Education Sciences, with its design
conducted in collaboration with the Departments of Labor and
Homeland Security.''.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is
amended by inserting ``service'' before ``offices''.
[[Page H1505]]
SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is
amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by inserting after paragraph (1) the following:
``(2) the term `employment service office' means a local
office of a State agency;'';
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``investment board'' each place it appears
and inserting ``development board''; and
(B) by striking ``of 1998'' and inserting ``of 2011'';
(4) in paragraph (4) (as so redesignated)--
(A) by striking ``134(c)'' and inserting ``221(e)''; and
(B) by striking ``1998'' and inserting ``2011'';
(5) in paragraph (6) (as so redesignated), by striking the
period and inserting a semicolon; and
(6) by adding at the end the following:
``(7) except in section 15, the term `State agency', used
without further description, means an agency designated or
authorized under section 4; and
``(8) the term `workplace learning advisor', has the
meaning given the terms in section 101 of the Workforce
Investment Act of 1998.''.
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) Coordination.--Section 3(a) of the Wagner-Peyser Act
(29 U.S.C. 49b(a)) is amended by striking ``services'' and
inserting ``service offices''.
(b) Public Labor Exchange Services System.--Section 3(c)(2)
of the Wagner-Peyser Act (29 U.S.C. 49b(c)(2)) is amended by
inserting ``, and identify and disseminate information on
best practices for such system'' before the semicolon.
(c) One-Stop Centers.--Section 3 of the Wagner-Peyser Act
(29 U.S.C. 49b) is amended by inserting after subsection (c)
the following:
``(d) In order to improve service delivery, avoid
duplication of services, and enhance coordination of
services, the employment service offices in each State and
the one-stop centers shall be collocated to the extent
practicable.
``(e) The Secretary, in consultation with States, is
authorized to assist the States in the development of
national electronic tools that may be used to improve access
to workforce information for individuals through--
``(1) the one-stop delivery systems established as
described in section 121(e) of the Workforce Investment Act
of 2012; and
``(2) such other delivery systems as the Secretary
determines to be appropriate.''.
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is
amended--
(1) in subsection (a)--
(A) by striking ``From'' and inserting ``After making the
reservation required by subsection (c), from''; and
(B) by striking ``amounts appropriated pursuant to section
5'' and inserting ``funds appropriated and (except for Guam)
certified under section 5 and made available for allotments
under this section''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting before ``the Secretary'' the following
``after making the allotments required by subsection (a),'';
and
(ii) by striking ``sums'' and all that follows through
``this Act'' and inserting ``funds described in subsection
(a)'';
(B) in each of subparagraphs (A) and (B), by striking
``sums'' and inserting ``remainder''; and
(C) by adding at the end the following: ``For purposes of
this paragraph, the term `State' does not include Guam or the
Virgin Islands.''.
SEC. 305. USE OF SUMS.
(a) Resources for Unemployment Insurance Claimants.--
Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C.
49f(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by inserting after subparagraph (F) the following:
``(G) providing unemployment insurance claimants and other
unemployed individuals with referrals to, and application
assistance for, training and education resources and
programs, including Federal Pell Grants under subpart 1 of
part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a et seq.), educational assistance under chapter
30 of title 38, United States Code (commonly referred to as
the Montgomery GI Bill), and chapter 33 of that title (Post-
9/11 Veterans Educational Assistance), student assistance
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), State student higher education assistance, and
training and education programs provided under titles I and
II of the Workforce Investment Act of 2012, and title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).''.
(b) State Activities.--Section 7(b) of the Wagner-Peyser
Act (29 U.S.C. 49f(b)) is amended--
(1) in paragraph (1), by striking ``performance standards
established by the Secretary'' and inserting ``the
performance accountability measures that are based on
indicators described in section 136(b)(2)(A)(i) of the
Workforce Investment Act of 2012''; and
(2) in paragraph (2), by inserting ``offices'' after
``employment service''.
(c) Providing Additional Funds.--Section 7(c)(2) of the
Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) is amended by
striking ``1998'' and inserting ``2011''.
(d) Other Services and Activities.--Section 7(d) of the
Wagner-Peyser Act (29 U.S.C. 49f(d)) is amended by striking
``1998'' and inserting ``2011''.
(e) Conforming Amendment.--Section 7(e) of the Wagner-
Peyser Act (29 U.S.C. 49f(e)) is amended by striking ``labor
employment statistics'' and inserting ``labor market
information''.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is
amended to read as follows:
``Sec. 8. Any State desiring to receive assistance under
section 6 shall prepare and submit to, and have approved by,
the Secretary and the Secretary of Education, a State plan in
accordance with section 112 or 113 of the Workforce
Investment Act of 2011.''.
SEC. 307. PERFORMANCE ACCOUNTABILITY MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a))
is amended to read as follows:
``(a) The activities carried out pursuant to section 7
shall be subject to the performance accountability measures
that are based on indicators described in section
136(b)(2)(A)(i) of the Workforce Investment Act of 2011.''.
SEC. 308. PILOT PROJECTS.
The Wagner-Peyser Act is amended by inserting after section
13 (29 U.S.C. 49l) the following:
``SEC. 13A. PILOT PROJECTS.
``(a) Grants.--From funds appropriated under subsection
(f), the Secretary, in consultation with the Secretary of
Education, shall establish and carry out a pilot program. In
carrying out the program, the Secretary shall annually make
grants, on a competitive basis, to State agencies to
cooperate in the administration of this Act by carrying out
pilot projects that enhance the professional development and
provision of services by the staff of such State agencies.
``(b) Use of Funds.--Funds made available under this
section may be used to enable a State agency to--
``(1) make available a broad range of career guidance
services, including career planning, aptitude and interest
assessments, provision of labor market information, job
placement services, and evaluations of the outcomes for
recipients of such services;
``(2) strengthen the capacity of the State agency to
identify job openings through the use of technology, and
through intensive outreach to small- and medium-size
employers while using and enhancing the business and employer
services authorized under this Act;
``(3) provide professional development and career
advancement opportunities for staff of a State agency in
order to upgrade their skills and competencies in the
provision of career development activities, employer
outreach, job placement, and other services authorized under
this Act, including upgrading those skills and competencies
through the training of such staff to improve their knowledge
of, and ability to effectively interact with, staff and
programs of one-stop partners and other entities
administering workforce development programs;
``(4) identify and implement strategies for State agency
staff to provide technical assistance and training to assist
other providers of workforce development activities,
including workplace learning advisors, in providing
counseling and employment-related services to workers and job
seekers, and employers; and
``(5) identify and implement new strategies for integrating
counseling and technology to enhance the provision of
employment-related services under this Act.
``(c) Applications.--A State agency that seeks a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Priority.--In awarding grants under this section, the
Secretary, in consultation with the Secretary of Education,
shall--
``(1) give priority to a State agency that--
``(A) demonstrates participation by employees of the agency
and their organized representatives in the planning of the
proposed pilot project;
``(B) demonstrates participation by the employees, or
provides an assurance that the employees will participate, in
the implementation of the pilot project; and
``(C) demonstrates that the State agency has established a
partnership, or provides an assurance that the agency will
establish a partnership, with a relevant professional
organization, or with an institution of higher education; and
``(2) ensure geographic diversity and diversity with
respect to the population density of the States in which
projects under this section will be carried out.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2013 through 2017.''.
SEC. 309. LABOR MARKET INFORMATION SYSTEM.
(a) Heading.--The section heading for section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking
``EMPLOYMENT STATISTICS'' and inserting ``LABOR MARKET
INFORMATION SYSTEM''.
(b) Name of System.--Section 15(a)(1) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(a)(1))
[[Page H1506]]
is amended by striking ``employment statistics system of
employment statistics'' and inserting ``labor market
information system''.
(c) System Responsibilities.--Section 15(b) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Structure.--The labor market information system
described in subsection (a) shall be evaluated and improved
by the Secretary, in consultation with the Workforce
Information Advisory Council established in subsection (d).
``(B) Grants and responsibilities.--
``(i) In general.--The Secretary shall carry out the
provisions of this section in a timely manner, through grants
to or agreements with States.
``(ii) Distribution of funds.--Using amounts appropriated
under subsection (g), the Secretary shall provide funds
through those grants and agreements. In distributing the
funds (relating to labor market information funding) for
fiscal years 2013 through 2017, the Secretary shall continue
to distribute the funds to States in the manner in which the
Secretary distributed funds to the States under this section
for fiscal years 2004 through 2008.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of labor market
information for the system, shall carry out the following
duties:
``(A) Assign responsibilities within the Department of
Labor for elements of the labor market information system
described in subsection (a) to ensure that the statistical
and administrative data collected is consistent with
appropriate Bureau of Labor Statistics standards and
definitions, and that the information is accessible and
understandable to users of such data.
``(B) Actively seek the cooperation of heads of other
Federal agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the
development and operation of statistical and administrative
data collection activities.
``(C) Solicit, receive, and evaluate the recommendations
from the Workforce Information Advisory Council established
in subsection (d) concerning the evaluation and improvement
of the labor market information system described in
subsection (a) and respond in writing to the Council
regarding the recommendations.
``(D) Through the Bureau of Labor Statistics and the
Employment and Training Administration, and in collaboration
with States, develop and maintain the elements of the labor
market information system described in subsection (a),
including the development of consistent procedures and
definitions for use by the States in collecting the data and
information described in subparagraphs (A) and (B) of
subsection (a)(1).
``(E) Establish procedures for the system to ensure that--
``(i) such data and information are timely; and
``(ii) paperwork and reporting for the system are reduced
to a minimum.''.
(d) Two-Year Plan.--Section 15 of the Wagner-Peyser Act (29
U.S.C. 49l-2) is amended by striking subsection (c) and
inserting the following:
``(c) Two-Year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary
for Employment and Training, and in consultation with the
Workforce Information Advisory Council described in
subsection (d) and heads of other appropriate Federal
agencies, shall prepare a 2-year plan for the labor market
information system. The plan shall be developed and
implemented in a manner that takes into account the
activities described in State plans submitted by States under
section 112 or 113 of the Workforce Investment Act of 2012
and shall be submitted to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate. The
plan shall include--
``(1) a description of how the Secretary will work with the
States to manage the nationwide labor market information
system described in subsection (a) and the statewide
workforce and labor market information systems that comprise
the nationwide system;
``(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
``(3) an evaluation of the performance of the system, with
particular attention to the improvements needed at the State
and local levels;
``(4) a description of the involvement of States in the
development of the plan, through consultation by the
Secretary with the Workforce Information Advisory Council in
accordance with subsection (d); and
``(5) a description of the written recommendations received
from the Workforce Information Advisory Council established
under subsection (d), and the extent to which those
recommendations were incorporated into the plan.''.
(e) Workforce Information Advisory Council.--Section 15 of
the Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by
striking subsection (d) and inserting the following:
``(d) Workforce Information Advisory Council.--
``(1) In general.--The Secretary, through the Commissioner
of Labor Statistics and the Assistant Secretary of Labor for
Employment and Training, shall formally consult at least
twice annually with the Workforce Information Advisory
Council established in accordance with paragraph (2). Such
consultations shall address the evaluation and improvement of
the nationwide labor market information system described in
subsection (a) and the statewide labor market information
systems that comprise the nationwide system and how the
Department of Labor and the States will cooperate in the
management of such systems. The Council shall provide written
recommendations to the Secretary concerning the evaluation
and improvement of the nationwide system, including any
recommendations regarding the 2-year plan described in
subsection (c).
``(2) Establishment of council.--
``(A) Establishment.--The Secretary shall establish an
advisory council that shall be known as the Workforce
Information Advisory Council (referred to in this section as
the `Council') to participate in the consultations and
provide the recommendations described in paragraph (1).
``(B) Membership.--The Secretary shall appoint the members
of the Council, which shall consist of--
``(i) 4 members who are representatives of lead State
agencies with responsibility for workforce investment
activities, or State agencies described in section 4, who
have been nominated by such agencies or by a national
organization that represents such agencies;
``(ii) 4 members who are representatives of the State labor
market information directors affiliated with the State
agencies that perform the duties described in subsection
(e)(2), who have been nominated by the directors;
``(iii) 1 member who is a representative of providers of
training services under section 122 of the Workforce
Investment Act of 2012;
``(iv) 1 member who is a representative of economic
development entities;
``(v) 1 member who is a representative of businesses, who
has been nominated by national business organizations or
trade associations;
``(vi) 1 member who is a representative of labor
organizations, who has been nominated by a national labor
federation;
``(vii) 1 member who is a representative of local workforce
investment boards, who has been nominated by a national
organization representing such boards; and
``(viii) 1 member who is a representative of research
entities that utilize labor market information.
``(C) Geographic diversity.--The Secretary shall ensure
that the membership of the Council is geographically diverse
and that no 2 of the members appointed under clauses (i),
(ii), and (vii) represent the same State.
``(D) Period of appointment; vacancies.--
``(i) In general.--Each member of the Council shall be
appointed for a term of 3 years, except that the initial
terms for members may be 1, 2, or 3 years in order to
establish a rotation in which one-third of the members are
selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(ii) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(E) Travel expenses.--The members of the Council shall
not receive compensation for the performance of services for
the Council, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Council. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated services of members of the Council.''.
(f) State Responsibilities.--Section 15(e) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(e)) is amended--
(1) by striking ``employment statistics'' each place it
appears and inserting ``labor market information'';
(2) in paragraph (1)(A) by striking ``annual plan'' and
inserting ``plan described in subsection (c)''; and
(3) in paragraph (2)--
(A) in subparagraph (G), by inserting ``and'' at the end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ``section 136(f)(2) of
the Workforce Investment Act of 1998'' and inserting
``section 131(i)(2) of the Workforce Investment Act of
2012''; and
(D) by redesignating subparagraph (I) as subparagraph (H).
(g) Authorization of Appropriations.--Section 15(g) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(g)) is amended by striking
``1999 through 2004'' and inserting ``2013 through 2017''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment
[[Page H1507]]
to, or repeal of, a provision, the amendment or repeal shall
be considered to be made to a provision of the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.).
SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) Findings.--Section 2(a) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7)(A) a high proportion of students are leaving
secondary education without being employed in competitive
integrated employment, or being enrolled in postsecondary
education; and
``(B) there is a substantial need to support such students
as they transition from school to postsecondary life.''.
(b) Purpose.--Section 2(b) (29 U.S.C. 701(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``with disabilities'' and all that follows through
``economic'' and inserting ``with disabilities, including
individuals with the most significant disabilities, to
maximize opportunities for competitive integrated employment
and to achieve economic''; and
(B) at the end of subparagraph (F), by striking ``and'';
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful involvement by employers and
vocational rehabilitation service providers on successful and
prospective employment and placement strategies; and
``(4) to ensure, to the greatest extent possible, that
youth with disabilities and students with disabilities who
are transitioning from receipt of special education services
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) and receiving accommodations and
supports consistent with section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) are either continuing their
education or employed in competitive integrated
employment.''.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Office of the
Secretary'' and inserting ``Office of Special Education and
Rehabilitative Services'';
(B) in the second sentence, by striking ``IV and V'' and
inserting ``IV, V, VII, and VIII''; and
(C) by striking the last 3 sentences and inserting ``The
functions of the Commissioner shall not be delegated to any
officer, unless the officer is directly responsible to the
Assistant Secretary for Special Education and Rehabilitative
Services.'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) The Secretary shall ensure that--
``(1) the Rehabilitation Services Administration provides
oversight of, conducts monitoring of, and provides technical
assistance to, the designated State agencies funded under
this Act; and
``(2) the staff providing such oversight, monitoring, and
technical assistance includes individuals who have training
in and experience with the programs administered by the
Rehabilitation Services Administration.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``for the programs'' and all that follows and insert
``in a manner that is consistent with the purposes of the
program for which the funds are appropriated and of this Act,
as enumerated in section 2(b)''.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
after ``means'' the following: ``an assessment that presumes
the attainment of an employment outcome for all individuals
with disabilities (including individuals with significant
disabilities and individuals with the most significant
disabilities), and that relies on''; and
(B) in subparagraph (B)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) in clause (iv), by striking the semicolon and
inserting ``; and''; and
(iii) by adding at the end the following:
``(v) to the maximum extent possible, relies on information
obtained from experiences in integrated employment settings
in the community, and other integrated community settings;'';
(2) in paragraph (5)--
(A) in the matter preceding subparagraph (A), by striking
``for employment, including career advancement'' and
inserting ``for competitive integrated employment and for
career advancement, including'';
(B) by redesignating subparagraphs (O) through (Q) as
subparagraphs (P) through (R);
(C) by inserting after subparagraph (N) the following:
``(O) customized employment services;''; and
(D) in subparagraph (R), as redesignated by subparagraph
(B) of this paragraph, by striking ``(P)'' and inserting
``(Q)'';
(3) by redesignating paragraphs (6) as paragraph (7) and
inserting after paragraph (5) the following new paragraph:
``(6) Competitive integrated employment.--
``(A) In general.--The term `competitive integrated
employment' means work by an employee who is an individual
with a disability--
``(i) that is compensated at a rate that--
``(I) is the same rate as the rate for other employees who
are not individuals with disabilities, and who are similarly
situated in similar occupations by the same employer and who
have similar training, experience, and skills; and
``(II) shall be in accordance with the 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;
``(ii) for which the employee receives health and
employment benefits comparable to those of other employees;
``(iii) that is at a location typically found in the
community where the employee interacts frequently with other
employees and individuals who are not individuals with
disabilities to the same extent that non-disabled employees
in comparable positions interact with others; and
``(iv) that provides opportunities for advancement that are
equivalent to those for other employees who are not
individuals with disabilities and who have comparable
positions.
``(B) Inclusion of customized or supported employment.--The
term `competitive integrated employment' includes integrated
employment resulting from the provision of customized
employment strategies or supported employment services,
provided the work involved satisfies the criteria described
in subparagraph (A).
``(C) Inclusion of self-employment or micro-enterprises.--
The term `competitive integrated employment' includes self-
employment or micro-enterprises, as long as the work involved
satisfies the criteria described in subparagraph (A).'';
(4) by redesignating paragraphs (8) through (28) as
paragraphs (9) through (29), respectively, and inserting
after paragraph (7) the following:
``(8) Customized employment.--The term `customized
employment' means an employment outcome in competitive
integrated employment, for an individual with a significant
disability, that is based on an individualized determination
of the strengths, needs, and interests of the individual with
a significant disability, is designed to meet the specific
abilities of the individual with a significant disability and
the business needs of the employer, and is carried out
through flexible strategies, such as--
``(A) job exploration by the individual; and
``(B) working with an employer to facilitate placement,
including--
``(i) customizing a job description based on current
employer needs or on previously unidentified and unmet
employer needs;
``(ii) developing a set of job duties (including a work
schedule) and specifics of supervision (including performance
evaluation and review), and determining job location;
``(iii) representation by a professional chosen by the
individual, or self-representation by the individual, in
working with an employer to facilitate placement; and
``(iv) providing services and supports at the job
location.'';
(5) in paragraph (12) (as so redesignated)--
(A) in subparagraph (A), by striking ``competitive
employment in the integrated labor market'' and inserting
``competitive integrated employment''; and
(B) in subparagraph (C), by inserting ``customized
employment,'' after ``outcome of'';
(6) in paragraph (18) (as so redesignated)--
(A) by striking the ``and'' at the end of subparagraph (C);
(B) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(E) transition and prevention services that--
``(i) facilitate the transition of individuals with
significant disabilities from nursing homes and other
institutions to home and community-based residences, with the
required supports and services;
``(ii) provide assistance to individuals with significant
disabilities who are at risk of entering institutions so that
the individuals may remain in the community; and
``(iii) facilitate the transition of youth (including
students) who are individuals with significant disabilities,
who were eligible for individualized education programs under
section 614(d) of the Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)), and who have completed their
secondary education or otherwise left school, to
postsecondary life, including employment; and
``(F) services to promote full access to community life.'';
(7) in paragraph (21)(B), by striking ``and VII'' and
inserting ``VII, and VIII'';
(8) by redesignating paragraphs (29) through (34) as
paragraphs (32) through (37), respectively;
(9) by inserting after paragraph (29) the following:
``(30) Post-employment service.--The term `post-employment
service' means a service identified under section 103(a) that
is--
``(A) provided subsequent to the achievement of an
employment outcome; and
[[Page H1508]]
``(B) necessary for an individual to maintain or regain an
employment outcome in competitive integrated employment,
consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and
informed choice.
``(31) Pre-employment transition services.--
``(A) In general.--The term `pre-employment transition
services' means a coordinated set activities for an eligible
student with a disability, designed within an outcome-
oriented process, that promotes movement from school to any
of the following post-school activities: postsecondary
education, vocational training, competitive integrated
employment (including supported employment), adult education,
adult services, independent living, or community
participation.
``(B) Specific services.--The term `pre-employment
transition services' means a set of services, that is
available to students with disabilities, and that makes
available, at a minimum--
``(i) career counseling;
``(ii) work-based learning experience, including in-school
and after school work experience, or work experience outside
the traditional school setting (such as experience through
job training or internships), that is provided in an
integrated environment to the maximum extent possible;
``(iii) counseling on opportunities for enrollment in a
comprehensive transition or postsecondary educational program
at an institution of higher education;
``(iv) school-based preparatory employment experiences such
as role playing, social skills development, and independent
living training, coordinated with any transition services
provided by the local educational agency under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.); and
``(v) training in self-advocacy, individual rights, self-
determination skills, and the informed consent process, as
well as peer mentoring.
``(C) Coordinated set of activities.--For purposes of
subparagraph (A), the coordinated set of activities shall be
based on the individual student's needs, taking into account
the student's preferences and interests, and shall include
education and training, community experiences, the
development of employment and other adult living objectives,
and, when appropriate, acquisition of daily living skills and
functional vocational evaluation.'';
(10) by redesignating paragraphs (35) through (39) as
paragraphs (39) through (43), respectively, and inserting
after paragraph (37) (as so redesignated) the following:
``(38) Student with a disability.--
``(A) In general.--The term `student with a disability'
means an individual with a disability who--
``(i) attends a secondary school;
``(ii)(I) is not younger than the earliest age for the
provision of transition services under section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); and
``(II)(aa) is not older than 21 years of age; or
``(bb) if the State law for the State provides for a higher
maximum age for receipt of services under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), is
not older than that maximum age; and
``(iii)(I) is eligible for, and receiving, special
education or related services under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for purposes of
section 504.'';
(11) by striking paragraphs (38) and (39), as redesignated
by paragraph (12), and inserting the following:
``(38) Supported employment.--The term `supported
employment' means an employment outcome in competitive
integrated employment, including customized employment, that
is consistent with the strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice of the individuals involved, for individuals with the
most significant disabilities--
``(A)(i) for whom competitive integrated employment has not
historically occurred; or
``(ii) for whom competitive integrated employment has been
interrupted or intermittent as a result of a significant
disability;
``(B) who, because of the nature and severity of their
disability--
``(i) need intensive supported employment services for the
period described in paragraph (39); and
``(ii) need extended services described in paragraph (13)
in order to continue to perform in such work beyond the
period described in paragraph (39); and
``(C) to the extent that on-going extended services, as
described in paragraph (13) of this section, are needed, the
designated State unit will assist the individual in
identifying providers of those services.
``(39) Supported employment services.--The term `supported
employment services' means ongoing support services,
including customized employment, needed to support and
maintain an individual with a most significant disability in
an employment, outcome that--
``(A) are provided singly or in combination and organized
and made available in such a way as to assist an eligible
individual to succeed in competitive integrated employment;
``(B) are based on a determination of the needs of an
eligible individual, as specified in an individualized plan
for employment; and
``(C) are provided by the designated State unit for a
period of not more than 24 months, except that the period may
be extended, if necessary, in order to achieve the employment
outcome identified in the individualized plan for
employment.''; and
(12) by inserting after paragraph (43) (as so redesignated)
the following:
``(44) Youth with a disability.--The term `youth with a
disability' means an individual with a disability who--
``(A) is not younger than 14 years of age; and
``(B) is not older than 24 years of age.''.
SEC. 405. ADMINISTRATION OF THE ACT.
Section 12(a)(1) (29 U.S.C. 709) is amended--
(1) by striking ``(1)'' and inserting ``(1)(A)''; and
(2) by adding at the end the following:
``(B) provide technical assistance to the designated State
units on developing successful partnerships with local and
multi-State businesses to increase the employment of
individuals with disabilities; and
``(C) provide technical assistance to providers and
organizations on developing self-employment opportunities and
outcomes for individuals with disabilities.''.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 710) is amended--
(1) in section (c)--
(A) by striking ``(c)'' and inserting ``(c)(1)''; and
(B) by adding at the end the following:
``(2) The ILA Director described in section 701A shall
include, in the annual report, information on the extent to
which centers for independent living receiving funds under
part C of title VII have complied with the standards and
assurances set forth in section 725. The ILA Director may
identify individual centers for independent living in the
analysis contained in that information. The ILA Director
shall include in the report the results of onsite compliance
reviews, identifying individual centers for independent
living and other recipients of assistance under part C of
title VII.''; and
(2) by adding at the end the following:
``(d)(1)(A) The Commissioner shall ensure that the reports,
information, and data described in subparagraph (B) are made
publicly available in a timely and accessible manner,
including through electronic means, in order to inform the
public about the administration and performance of programs
in each State under this Act.
``(B) The reports, information, and data referred to in
subparagraph (A) shall consist of--
``(i) reports submitted by a designated State agency or
designated State unit under this Act;
``(ii) accountability information, including State
performance information relating to evaluation standards and
performance indicators, and additional performance
accountability indicators, under section 106, including
information on compliance with such standards, indicators,
and measures, relating to individuals with disabilities,
submitted by a designated State agency or designated State
unit under this Act, or submitted by a State to the Secretary
of Labor or the Secretary of Education under section 136 of
the Workforce Investment Act of 1998;
``(iii) data collected from each designated State unit
under this Act; and
``(iv) reports from monitoring conducted under this Act,
including relevant reports required under section 136 of the
Workforce Investment Act of 1998 and other relevant reports,
information, and data required under title I of such Act.
``(C)(i) The Commissioner shall ensure that the information
described in clause (ii) is made publicly available in a
timely and accessible manner, including through electronic
means.
``(ii) The information referred to in clause (i) is--
``(I) the reports, information, and data required to be
submitted by designated State units or designated State
agencies under this Act;
``(II) evaluations, studies, and audits conducted by
Federal agencies, concerning programs carried out under this
Act; and
``(III) a list that specifies the designated State unit or
designated State agency for each State, including a link to
the website maintained by each such unit or agency.
``(2) The Commissioner shall maintain public use read-only
access to the State and aggregated reports, and analyzed
data, concerning programs carried out under this Act, that
are filed and maintained in the Rehabilitation Services
Administration management information system or a system
maintained by the Department of Education.''.
SEC. 407. EVALUATION.
Section 14(f)(2) (29 U.S.C. 711(f)(2)) is amended by
striking ``nonintegrated to integrated employment'' and
inserting ``nonintegrated to competitive integrated
employment''.
SEC. 408. CARRYOVER.
Section 19 (29 U.S.C. 716) is amended--
(1) in subsection (a), by striking ``part B of title I''
and all that follows through ``including'' and inserting
``part B of title I (except the client assistance program
funded under section 112), part B of title VI, or chapter 2
and 4 of title VII including''; and
(2) by adding at the end the following:
``(c) Client Assistance Program; Protection and Advocacy of
Individual Rights.--
``(1) Appropriated amounts.--Notwithstanding any other
provision of law, any
[[Page H1509]]
funds appropriated for a fiscal year to carry out a grant
program under section 112 or 509 (except as provided in
section 509(b)), including any funds reallotted during that
fiscal year under such grant program, that are not obligated
and expended by a recipient prior to the beginning of the
succeeding fiscal year, shall remain available for obligation
and expenditure by such recipient during such succeeding
fiscal year.
``(2) Program income.--Notwithstanding any other provision
of law, any amount of program income received by a recipient
under a grant program under section 112 or 509 in a fiscal
year that is not obligated and expended by the recipient
prior to the beginning of the succeeding fiscal year, shall
remain available until expended.''.
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended in subsection (a), by
striking paragraphs (1) and (2) and inserting the following:
``(1) Racial profile.--The demographic profile of the
United States is changing at an unprecedented rate, with the
population of the Nation becoming far more ethnically diverse
than in the past. Within the United States, while the rate of
increase from 2000 to 2010 for White Americans was 7.9
percent, the rate of increase during that period for racial
and ethnic minorities was much higher: 42.0 percent for
Latinos, 11.4 percent for African-Americans, and 34.9 percent
for Asian-Americans.
``(2) Rate of disability.--Ethnic and racial minorities
tend to have disabling conditions at a disproportionately
high rate. In 2005--
``(A) among Americans ages 25 through 64, the rate of
disability was 17.3 percent;
``(B) among African-Americans in that age range, the
disability rate was more than twice as high, at 21.3 percent;
and
``(C) for American Indians in the same age range, the
disability rate was 25.6 percent of the general
population.''.
Subtitle B--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF
APPROPRIATIONS.
(a) Findings; Purpose; Policy.--Section 100(a) (29 U.S.C.
720(a)) is amended--
(1) in paragraph (1)(C), by striking ``gainful employment
in integrated settings'' and inserting ``gainful employment
in competitive integrated employment settings'';
(2) in paragraph (2)(B), by striking ``gainful employment''
and inserting ``high quality employment that will increase
opportunities for economic self-sufficiency''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``gainful employment
in integrated settings'' and inserting ``competitive
integrated employment'';
(B) in subparagraph (C)(ii), by striking ``for the
individuals''; and
(C) in subparagraph (E), by inserting ``should'' before
``facilitate''.
(b) Authorization of Appropriations.--Section 100(b)(1) (29
U.S.C. 720(b)(1)) is amended by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2013 through
2017''.
SEC. 412. STATE PLANS.
(a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to participate'' and
all that follows and inserting ``to receive funds under this
title for a fiscal year, a State shall submit, and have
approved by the Secretary and the Secretary of Labor a State
plan in accordance with section 112, or a State unified plan
in accordance with section 113. The State plan or State
unified plan shall include the provisions of a State plan for
vocational rehabilitation services, described in this
subsection.'';
(B) in subparagraph (B)--
(i) by striking ``in the State plan for vocational
rehabilitation services,'' and inserting ``as part of the
vocational rehabilitation services portion of the State plan
or State unified plan submitted in accordance with
subparagraph (A),''; and
(ii) by striking ``Rehabilitation Act Amendments of 1998''
and inserting ``Workforce Investment Act of 2012''; and
(C) in subparagraph (C)--
(i) by striking ``The State plan shall remain in effect
subject to the submission of such modifications'' and
inserting ``The vocational rehabilitation services portion of
the State plan or State unified plan submitted in accordance
with subparagraph (A) shall remain in effect until the State
is required to submit the plan in accordance with
subparagraph (A) or until the submission of such
modifications''; and
(ii) by striking ``, until the State submits and receives
approval of a new State plan'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``The State plan'' and
inserting ``The State plan for vocational rehabilitation
services'';
(B) in subparagraph (B)(ii)--
(i) in subclause (III), by striking ``and'' at the end;
(ii) in subclause (IV), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(V)(aa) has the authority and responsibility within the
State to ensure that the funds appropriated under this title
are expended only in a manner that is consistent with the
purposes of this title; and
``(bb) the authority and responsibility described in
subparagraph (aa) may not be delegated to or performed by
another agency, including the designated State agency for the
vocational rehabilitation program, and or individual.'';
(3) in paragraph (5)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) notwithstanding subparagraph (C), assure that the
designated State unit may give priority for the provision of
services to those eligible individuals who require specific
services or equipment in accordance with an approved
individualized plan for employment to maintain an employment
outcome under the vocational rehabilitation program; and'';
(4) in paragraph (6)(B), by striking ``to employ and
advance in employment'' and inserting ``to recruit, employ,
and advance in competitive integrated employment'';
(5) in paragraph (7)(A)(v)--
(A) by striking subclause (I) and inserting the following:
``(I) a system for the continuing education of
rehabilitation professionals and paraprofessionals within the
designated State unit, particularly with respect to
rehabilitation technology, including training implemented in
coordination with entities carrying out State programs under
section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003); and'';
(6) in paragraph (8)--
(A) in subparagraph (A), by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i) by striking
``(5)(D)'' and inserting ``(5)(E)''; and
(ii) in clause (iv), by striking ``(5)(D)'' and inserting
``(5)(E)''; and
(C) in subparagraph (C)(i), by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(7) in paragraph (10)--
(A) in subparagraph (B), by striking ``annual'' and all
that follows through ``of 1998'' and inserting ``annual
reporting of information, on eligible individuals receiving
the services, that is necessary to assess the State's
performance on those primary indicators of performance
(described in section 136(b)(2)(A) of the Workforce
Investment Act of 2012)'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by inserting ``,
from each individual State,'' after ``additional data'';
(ii) in clause (i)(II), by striking ``determined'' and all
that follows and inserting ``determined to be ineligible for
vocational rehabilitation services, and the reason for such
determination of ineligibility (disaggregated by type of
disability, and age);'';
(iii) in clause (ii)--
(I) in subclause (I), by striking ``(5)(D)'' and inserting
``(5)(E)'';
(II) in subclause (II), by striking ``and'' at the end; and
(III) by adding at the end the following:
``(IV) the total number of individuals with ongoing open
cases (disaggregated by individuals who are in training
settings, and individuals who are in postsecondary
education), and the services individuals described in this
subclause are receiving;
``(V) the total number of students with disabilities that
are receiving pre-employment transition services, and the
total cost for providing those services for each full fiscal
year after the date of enactment of the Workforce Investment
Act of 2012;
``(VI) the total number of students with disabilities that
are receiving transition services, and the total cost for
providing those services for each full fiscal year after the
date of enactment of the Workforce Investment Act of 2012;
``(VII) the number of individuals referred to one-stop
centers, as defined in section 134(c) of the Workforce
Investment Act of 1998; and
``(VIII) the number of individuals referred from such one-
stop centers to designated State units and the outcomes of
such referrals;'';
(iv) by striking all of clause (iii) and inserting the
following:
``(iii) the number of applicants and eligible recipients,
including the numbers of individuals with significant
disabilities, who exited the program carried out under this
title and the number who achieved employment outcomes after
receiving vocational rehabilitation services, including--
``(I) the number of youth with disabilities who--
``(aa) entered postsecondary education and the earnings of
such youth who completed postsecondary education, by academic
fields;
``(bb) attained academic levels and job skills needed for
employment, such as a high school diploma, certificate, or
other educational credential required for the employment
outcome specified in the individual's individualized plan for
employment;
``(cc) entered postsecondary training or programs for
apprenticeships registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
``(dd) the number of youth with disabilities who entered
employment;
``(II) for individuals who obtained an employment outcome
with wages--
``(aa) the average length of time for obtaining employment;
[[Page H1510]]
``(bb) the average earnings of individuals who obtained an
employment outcome;
``(cc) the number who earned the minimum wage rate
specified in section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or another wage level set by
the Commissioner, during such employment; and
``(dd) the number who received employment benefits from an
employer during such employment;
``(III) a comparison, among individuals who obtained
employment, of the number of individuals who no longer used
public benefits; and
``(IV) for those individuals who received supported
employment services--
``(aa) the number of individuals who were employed 6 months
after receiving such services;
``(bb) the number of individuals who were employed 12
months after receiving such services; and
``(cc) the number of individuals who earned wages at not
less than the minimum wage rate determined under section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) during their employment; and''; and
(v) by striking clause (iv) and inserting the following:
``(iv)(I) the transition from school to postsecondary life,
including employment, and achievement of the postsecondary
vocational goals, of students with disabilities served under
the program carried out under this title; and
``(II) the provision of supported employment services;
and'';
(C) in subparagraph (E)(ii), by striking ``of the State''
and all that follows and inserting ``of the State in meeting
the standards and indicators established pursuant to section
106.''; and
(D) by adding at the end the following:
``(G) Rules for reporting of data.--The disaggregation of
data under this section shall not be required within a
category if the number of participants in a category is
insufficient to yield statistically reliable information, or
required if the results would reveal personally identifiable
information about an individual participant.
``(H) Comprehensive report.--The State plan shall specify
that the Commissioner will provide an annual comprehensive
report that includes the reports and data required under this
section, as well as a summary of the reports and data, for
each fiscal year. The Commissioner shall submit the report to
the Committee on Education and the Workforce of the House of
Representatives, the Committee on Appropriations of the House
of Representatives, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Appropriations of the Senate, not later than 180 days after
the end of the fiscal year involved.'';
(8) in paragraph (11)--
(A) in subparagraph (A)(i)(II), by inserting ``(including
programmatic accessibility and physical accessibility)''
after ``program accessibility'';
(B) in subparagraph (C)--
(i) by inserting ``the State programs carried out under
section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003),'' after ``including'';
(ii) by inserting ``noneducational agencies serving out-of-
school youth,'' after ``Agriculture''; and
(iii) by striking ``such agencies and programs'' and
inserting ``such Federal, State, and local agencies and
programs'';
(C) in subparagraph (D)--
(i) in clause (ii), by striking ``completion'' and
inserting ``implementation'';
(ii) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively; and
(iii) by inserting after clause (ii) the following:
``(iii) identifying options for additional education and
training, in order to facilitate the provision of services
for youth with disabilities, including transition services
for students with disabilities, such as services provided
under section 114;'';
(D) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(E) by inserting after subparagraph (D) the following:
``(E) Coordination with employers.--The State plan shall
contain plans, policies, and procedures for coordination
between the designated State units, State workforce
investment boards, local workforce investment boards, and
employers that provide for building relationships with
employers and identifying community-based competitive
integrated employment opportunities and career exploration
opportunities, in order to facilitate the provision of
transition services for youth with disabilities and students
with disabilities, such as services provided under section
114;'';
(F) in subparagraph (F), as redesignated by subparagraph
(E) of this paragraph--
(i) by inserting ``chapter 1 of'' after ``part C of''; and
(ii) by inserting ``, as appropriate'' before the period;
(G) by inserting after subparagraph (F), as redesignated by
subparagraph (E) of this paragraph, the following:
``(G) Cooperative agreement regarding individuals eligible
for home and community-based waiver programs.--The State plan
shall include an assurance that the designated State unit has
entered into a formal cooperative agreement with the State
agency responsible for administering the State Medicaid plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) and the State designated agency described in section
125(d) of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15025) with respect to the
delivery of vocational rehabilitation services, including
extended services, for individuals with the most significant
disabilities who have been determined to be eligible for
home- and community-based services under a Medicaid waiver,
Medicaid State plan amendment, or other authority related to
a State Medicaid program. The agreement shall describe
strategies for collaboration and coordination in providing
vocational rehabilitation services to such individuals
receiving Medicaid home- and community-based services in a
manner consistent with the person-centered planning process
required by Medicaid.'';
(H) in subparagraph (H), as redesignated by subparagraph
(E) of this paragraph--
(i) in clause (ii)--
(I) by inserting ``on or'' before ``near''; and
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) strategies for the provision of transition
planning, by personnel of the designated State unit, the
State educational agency, and the recipient of funds under
part C, that will facilitate the development and
implementation of the individualized education programs under
section 614(d) of the Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)) and, as appropriate, the development
and completion of the individualized plans for employment
under section 102, in order to enable students with
disabilities to achieve employment outcomes;''; and
(I) by adding at the end the following:
``(I) Coordination with assistive technology programs.--The
State plan shall include an assurance that the designated
State unit, and the lead agency and implementing entity (if
any) designated by the Governor of the State under section 4
of the Assistive Technology Act of 1998 (29 U.S.C. 3003),
have developed working relationships and will enter into
agreements for the coordination of their activities,
including the referral of individuals with disabilities to
programs and activities described in that section.
``(J) Coordination with ticket to work and self-sufficiency
program.--The State plan shall include an assurance that the
designated State unit will coordinate activities with any
other State agency that is functioning as an employment
network under the Ticket to Work and Self-Sufficiency Program
established under section 1148 of the Social Security Act (42
U.S.C. 1320b-19).'';
(9) in paragraph (14)--
(A) in the paragraph header, by striking ``Annual'' and
inserting ``Semiannual'';
(B) in subparagraph (A)--
(i) by striking ``annual'' and inserting ``semiannual'';
(ii) by striking ``(and thereafter'' and all that follows
through ``representative)'' and inserting ``, and annually
thereafter''; and
(iii) by striking ``to competitive'' and all that follows
and inserting the following: ``to competitive integrated
employment or training for competitive integrated
employment;'';
(C) in subparagraph (B), by striking ``and'' at the end;
(D) in subparagraph (C), by striking ``the individuals
described'' and all that follows and inserting ``individuals
in attaining competitive integrated employment; and''; and
(E) by adding at the end the following:
``(D) an assurance that the State will report the
information generated under subparagraphs (A), (B), and (C),
for each of the individuals, to the Administrator of the Wage
and Hour Division of the Department of Labor for each fiscal
year, not later than 60 days after the end of the fiscal
year.'';
(10) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking ``and'' at the end; and
(II) by adding at the end the following:
``(IV) individuals with disabilities receiving Medicaid
home- and community-based waiver habilitation services
(reference), including pre-vocational and supported
employment services; and
``(V) youth with disabilities, and students with
disabilities, including their need for pre-employment
transition services described in section 114 or other
transition services; and''; and
(ii) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) include an assessment of the needs of individuals
with disabilities for transition services and pre-employment
transition services provided under this Act, and coordinated
with transition services provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), and an
assessment as to whether the transition and pre-employment
transition services provided under those Acts meet the needs
of individuals with disabilities.'';
(B) in subparagraph (B)--
(i) by redesignating clause (iii) as clause (iv); and
(ii) by inserting after clause (ii) the following:
``(iii) the number of individuals who are eligible for
services under this title, but are not receiving such
services due to an order of selection; and''; and
(C) in subparagraph (D)--
[[Page H1511]]
(i) by redesignating clauses (iii) through (v) as clauses
(iv) through (vi); and
(ii) by inserting after clause (ii) the following:
``(iii) the methods to be used to improve and expand
vocational rehabilitation services for students with
disabilities, including the coordination of services designed
to facilitate the transition of such students from the
receipt of educational services in school to postsecondary
life (including the receipt of vocational rehabilitation
services under this title, postsecondary education,
employment, and pre-employment transition services under
section 114);'';
(11) in paragraph (20)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Information on assistance for beneficiaries of
assistance under title ii or xvi of the social security
act.--The State plan shall include an assurance that the
designated State unit will make available, to individuals
entitled to benefits under title II or XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the
basis of a disability or blindness--
``(i) information on the availability of benefits and
medical assistance authorized under the State Medicaid
program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) or under the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.), and
medical assistance authorized under other federally funded
programs;
``(ii) information on the availability of assistance
through benefits planning and assistance programs authorized
under section 1149 of the Social Security Act (42 U.S.C.
1320b-20) and services provided by the State protection and
advocacy system and authorized under section 1150 of the
Social Security Act (42 U.S.C. 1320b-21); and
``(iii) in the case of individuals who are also eligible
for a ticket under the Ticket to Work and Self-Sufficiency
Program established under section 1148 of the Social Security
Act (42 U.S.C. 1320b-19), general information regarding the
options for using the ticket and information on how to
contact a program manager of the Ticket to Work and Self-
Sufficiency Program to obtain information on approved
employment networks, on providers for the benefits planning
and assistance programs described in clause (ii) in the
State, and on the services provided by the State protection
and advocacy system and described in clause (ii).''; and
(12) by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan shall provide an assurance satisfactory to the Secretary
that, with respect to students with disabilities, the State--
``(A) has developed and will implement--
``(i) strategies to address the needs identified in the
assessments described in paragraph (15); and
``(ii) strategies to achieve the goals and priorities
identified by the State, in accordance with paragraph (15),
to improve and expand vocational rehabilitation services for
students with disabilities on a statewide basis; and
``(B) has developed and will implement a plan to carry out
the provision of pre-employment transition services in
accordance with section 114.
``(26) Job growth and development.--The State plan shall
provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or
occupations as defined in section 101 of the Workforce
Investment Act of 2012 to increase competitive integrated
employment opportunities for individuals with
disabilities.''.
(b) Approval.--Section 101(b) (29 U.S.C. 721(b)) is amended
to read as follows:
``(b) Submission; Approval; Modification.--The State plan
for vocational rehabilitation services shall be subject to--
``(1) section 112 of the Workforce Investment Act of 1998,
in a case in which that plan is a portion of the State plan
described in that section 112; and
``(2) section 113 of such Act in a case in which that State
plan for vocational rehabilitation services is a portion of
the State unified plan described in that section 113.''.
(c) Construction.--Section 101 (29 U.S.C. 721) is amended
by adding at the end the following:
``(c) Construction.--Nothing in this part shall be
construed to reduce the obligation of a local educational
agency or any other agency to provide or pay for any
transition services that are allowable under the programs of
the respective agencies.''.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``Demonstration'' and inserting ``Applicants''; and
(ii) by striking ``, unless'' and all that follows and
inserting a period; and
(B) in subparagraph (B)--
(i) in the subparagraph header, by striking ``Methods'' and
inserting ``Responsibilities'';
(ii) in the first sentence--
(I) by striking ``In making the demonstration required
under subparagraph (A),'' and inserting ``Prior to
determining under this subsection that an applicant described
in subparagraph (A) is unable to benefit due to the severity
of the individual's disability or that the individual is
ineligible for vocational rehabilitation services,''; and
(II) by striking ``, except under'' and all that follows
and inserting a period; and
(iii) in the second sentence, by striking ``individual or
to determine'' and all that follows and inserting
``individual. In providing the trial experiences, the
designated State unit shall provide the individual with the
opportunity to try different employment experiences,
including supported employment, and the opportunity to become
employed in competitive integrated employment.'';
(2) in paragraph (3)(A)(ii), by striking ``outcome from''
and all that follows and inserting ``outcome, including
supported employment, from vocational rehabilitation services
due to the current (as of the date of the determination)
severity of the disability of the individual.'';
(3) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``If an individual'' and inserting ``If,
after the designated State unit carries out the activities
described in paragraph (2)(B), a review of existing data,
and, to the extent necessary, the assessment activities
described in section 7(2)(A)(ii), an individual''; and
(ii) by striking ``is determined'' and all that follows
through ``not to be'' and inserting ``is determined not to
be'';
(B) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B) the following:
``(A) the ineligibility determination shall be an
individualized one, based on the available data, and shall
not be based on disability category;''; and
(D) in clause (i) of subparagraph (C), as redesignated by
subparagraph (B) of this paragraph, by inserting after
``determination'' the following: ``, including clear and
convincing evidence that forms the basis for the
determination of ineligibility''; and
(4) in paragraph (6), by striking ``60 days'' each place it
appears and inserting ``45 days''.
(b) Development of an Individualized Plan for Employment,
and Related Information.--Section 102(b) (29 U.S.C. 722(b))--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), and (D), and (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) information on the availability of assistance from
consumer organizations, as defined in section 106(a)(4)
(including a listing of such organizations) that can assist
an individual in the development of an individualized plan
for employment;'';
(2) in paragraph (3), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) amended, as necessary, to include the post-
employment services and service providers that are necessary
for the individual to maintain or regain employment,
consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and
informed choice.''; and
(B) by adding at the end the following:
``(F) Timeframe for completing the individualized plan for
employment.--The individualized plan for employment shall be
developed as soon as possible, but not later than a deadline
of 90 days after the date of the determination of eligibility
described in paragraph (1), unless the designated State unit
and the eligible individual agree to an extension of that
deadline to a specific date by which the individualized plan
for employment shall be completed.
``(G) Failure to develop the individualized plan for
employment within the specified timeframe.--In the event the
individualized plan for employment is not completed by the
deadline or extended deadline, as appropriate, under
subparagraph (F), the eligible individual shall have the
right to request both mediation and an impartial due process
hearing according to the procedures described in subsection
(c). At such hearing, the hearing officer shall have the
authority to order the designated State unit to complete the
individualized plan for employment within a specific period
of time, not to exceed 60 days from the date of the decision,
in addition to any other authority given to the officer under
this section.''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``choice of the'' and
all that follows and inserting ``choice of the eligible
individual, consistent with the employment outcome of
competitive integrated employment (except that in the case of
an eligible individual who is a student, the description may
be a description of the student's projected employment
outcome);'';
(B) in subparagraph (B)(i)--
(i) by redesignating subclause (II) as subclause (III); and
(ii) by striking subclause (I) and inserting the following:
``(I) needed to achieve the employment outcome, including,
as appropriate--
[[Page H1512]]
``(aa) the provision of assistive technology devices and
assistive technology services (including referrals described
in section 103(a)(3) to the device reutilization programs and
demonstrations described in subparagraphs (B) and (D) of
section 4(e)(2) of the Assistive Technology Act of 1998 (29
U.S.C. 3003(e)(2))) through agreements developed under
section 101(a)(11)(H); and
``(bb) personal assistance services (including training in
the management of such services);
``(II) in the case of a plan for an eligible individual
that is a student, the specific transition services and
supports (including work experience, mentoring activities,
and supported employment) needed to achieve the student's
employment outcome or projected employment outcome; and'';
(C) in subparagraph (F), by striking ``and'' at the end;
(D) in subparagraph (G), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) for an individual who also is receiving assistance
from an employment network under the Ticket to Work and Self-
Sufficiency Program established under section 1148 of the
Social Security Act (42 U.S.C. 1320b-19), a list of the
services that are listed in the individual work plan that the
individual developed with the employment network under
subsection (g) of that section, and a description of how
responsibility for service delivery will be divided between
the employment network and the designated State unit in
accordance with the agreement between the two parties
required under the Ticket to Work and Self-Sufficiency
Program.''.
(c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``These procedures also shall allow for the review of any
delay in the vocational rehabilitation process.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iv) any applicable State limit on the time by which a
request for mediation under paragraph (4) or a hearing under
paragraph (5) shall be made, and any required procedure by
which the request shall be made.''; and
(B) in subparagraph (B)(iii), by inserting ``the denial,''
before ``reduction,''; and
(3) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Officer.--A due process hearing described in
paragraph (2) shall be conducted by an impartial hearing
officer who, on reviewing all the evidence presented, shall
issue a written decision based on the provisions of the
approved State plan, requirements specified in this Act
(including regulations implementing this Act), and State
regulations and policies that are consistent with the Federal
requirements specified in this title. The officer shall
provide the written decision to the applicant or eligible
individual, or, as appropriate, the applicant's
representative or individual's representative, and to the
designated State unit. The impartial hearing officer shall
have the authority to render a decision and require actions,
consistent with the requirements specified in this title
(including regulations implementing this title), regarding
all aspects of the applicant's or eligible individual's
vocational rehabilitation services under this title.''; and
(B) in subparagraph (B), by striking ``in laws (including
regulations)'' and inserting ``about Federal and State laws
(including regulations) and the approved State plan''.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)--
(A) by striking paragraph (15) and inserting the following:
``(15) transition services for students with disabilities,
that facilitate the transition from school to postsecondary
life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment
transition services described in section 114;'';
(B) by redesignating paragraphs (17) and (18) as paragraphs
(18) and (19), respectively;
(C) by inserting after paragraph (16) the following:
``(17) customized employment services;'';
(D) in paragraph (18), as redesignated by subparagraph (C)
of this paragraph, by striking the ``and'' at the end;
(E) in paragraph (19), as redesignated by subparagraph (C)
of this paragraph, by striking the period and inserting ``;
and''; and
(F) by adding at the end the following:
``(20) mentoring services.''; and
(2) in subsection (b)--
(A) in paragraph (2)(A), by striking the second sentence
and inserting ``Such programs shall be used to provide
services that promote integration into the community and that
result in competitive integrated employment, including
supported employment and customized employment.''; and
(B) by striking paragraph (6) and inserting the following:
``(6) Consultation and technical assistance services to
assist State educational agencies and local educational
agencies in planning for the transition of students with
disabilities from school to postsecondary life, including
employment.''.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking clause (ix) and inserting the following:
``(ix) in a State in which one or more projects are funded
under section 121 and in which such services are provided
through those projects, at least one representative of the
directors of the projects located in such State;'';
(ii) in clause (x), by striking ``and'' at the end;
(iii) in clause (xi), by striking the period and inserting
``; and''; and
(iv) by adding at the end the following:
``(xii) the director of the State's comprehensive statewide
program of technology-related assistance funded under section
4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003).''; and
(B) in subparagraph (B)--
(i) in clause (xi), by striking ``and'' at the end;
(ii) in clause (xii), by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(xiii) the director of the State's comprehensive
statewide program of technology-related assistance funded
under section 4 of the Assistive Technology Act of 1998 (29
U.S.C. 3003).''; and
(2) in subsection (c)(6), by striking ``Service Act'' and
all that follows and inserting ``Service Act (42 U.S.C. 300x-
3(a)) and the State workforce investment board, and with the
activities of entities carrying out programs under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);''.
SEC. 416. PERFORMANCE ACCOUNTABILITY MEASURES.
Section 106 (29 U.S.C. 726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Standards and indicators.--The evaluation standards
and performance indicators for the vocational rehabilitation
program carried out under this title shall be subject to the
performance accountability provisions described in section
136(b) of the Workforce Investment Act of 2012.
``(2) Additional performance accountability indicators.--
``(A) In general.--Subject to subparagraph (B), the
Commissioner may establish through regulation additional
performance accountability indicators, which may include
outcome and related measures of program performance.
``(B) Comment.--Such additional performance accountability
indicators shall be developed with input from State
vocational rehabilitation agencies, related professional and
consumer organizations, recipients of vocational
rehabilitation services, and other interested parties.
``(3) Reports.--Each State that receives funds under this
title shall submit a report to the Commissioner containing
information on any additional performance accountability
indicators established under paragraph (2).
``(4) Consumer organization.--In this subsection, the term
`consumer organization' means a membership organization, or
disability advocacy group, for which a majority of the
members of the board of directors of the organization or
group are individuals with disabilities or family members of
individuals with disabilities.''; and
(2) in subsection (b)(2)(B), by striking clause (i) and
inserting the following:
``(i) on a biannual basis, review the program improvement
efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the
Commissioner, direct the State to make revisions to the plan
to improve performance; and''.
SEC. 417. MONITORING AND REVIEW.
(a) In General.--Section 107(a) (29 U.S.C. 727(a)) is
amended--
(1) in paragraph (3)(E), by inserting before the period the
following: ``, including personnel of a client assistance
program under section 112, and past or current recipients of
vocational rehabilitation services''; and
(2) in paragraph (4)--
(A) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) the eligibility process to ensure compliance with
the requirements set forth in section 102(a); and
``(ii) implementation of an order of selection, if
applicable, to ensure compliance with the requirements set
forth in section 101(a)(5); and
``(B) the provision of services to ensure compliance with
section 103;'';
(B) in subparagraph (C), by striking ``and'' at the end;
(C) by redesignating subparagraph (D) as subparagraph (E);
and
(D) by inserting after subparagraph (C) the following:
``(D) data on individuals determined to be ineligible for
services due to severity of their disability, to determine if
systematic changes could result in increased capacity to meet
the needs of such individuals; and''.
(b) Review.--Section 107(d) of the Rehabilitation Act of
1973 (29 U.S.C. 727(d)) is amended, in paragraphs (1) and
(2), by striking ``a final determination of the Commissioner
under section 101(b) or subsection (c)'' and inserting ``a
final determination on a State plan for vocational
rehabilitation services under the procedures referenced in
section
[[Page H1513]]
101(b), or a final determination by the Commissioner under
subsection (c)''.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
``SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
``A State may expend payments received under section 111 to
educate and provide services to employers who have hired or
are interested in hiring individuals with disabilities under
programs carried out under this title, including--
``(1) providing training and technical assistance to
employers regarding the employment of individuals with
disabilities, including disability awareness, and the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) and other employment-related laws;
``(2) working with employers to--
``(A) provide opportunities for work-based learning
experience (including internships, short-term employment,
apprenticeships, and fellowships), such as opportunities in
conjunction with pre-employment transition services;
``(B) recruit qualified applicants with disabilities;
``(C) train employees with disabilities; and
``(D) promote retention of employees who are at risk of
losing a job due to disability-related barriers;
``(3) providing consultations, technical assistance, and
support to employers on workplace accommodations, assistive
technology, and facilities and workplace access;
``(4) assisting employers with utilizing available
financial support, including tax credits and deductions
available for hiring or accommodating individuals with
disabilities; and
``(5) supporting the development of working relationships
between State vocational rehabilitation agencies, the
workforce investment system, their community partners, and
employers on multi-State and national levels, including--
``(A) encouraging employers to recruit qualified
individuals with disabilities for available employment
opportunities;
``(B) facilitating such recruitment by disseminating
information about specific available employment opportunities
to qualified individuals who are recipients of vocational
rehabilitation services under this subtitle, or who are
applicants for such services;
``(C) matching qualified individuals who are recipients of
vocational rehabilitation services under this subtitle, or
who are applicants for such services, with employers that
have available employment opportunities on the local,
regional, or national level; and
``(D) providing support services, as appropriate, to
employers to facilitate the hiring of qualified individuals
who are recipients of vocational rehabilitation services
under this subtitle, or who are applicants for such
services.''.
SEC. 419. STATE ALLOTMENTS.
(a) In General.--Section 110 (29 U.S.C. 730) is amended--
(1) in subsection (a)(1), by striking ``Subject to the
provisions of subsection (c)'' and inserting ``Subject to the
provisions of subsections (c), (d), and (e), and section
303(d)''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b)(1) Not later than 45 days prior to the end of the
fiscal year, the Commissioner shall determine, after
reasonable opportunity for the submission to the Commissioner
of comments by the State agency administering or supervising
the program established under this title, whether any amount
from the payment of an allotment to a State under section
111(a) for any fiscal year will not be utilized by such State
in carrying out the purposes of this title.
``(2)(A) As soon as practicable but not later than the end
of the fiscal year, the Commissioner shall reallot the amount
available under paragraph (1) to other States, consistent
with subparagraphs (B) and (C), for carrying out the purposes
of this title to the extent the Commissioner determines that
another State will be able to use an additional amount,
during that fiscal year or the subsequent fiscal year for
carrying out such purposes.
``(B)(i) The Commissioner shall reallot a portion of the
amount available under paragraph (1) for a fiscal year to
each State whose allotment under subsection (a) for such
fiscal year is less than such State's allotment under
subsection (a) for the immediately preceding fiscal year,
adjusted by the percentage change in the funds available for
subsection (a) from the immediately preceding fiscal year.
``(ii)(I) Subject to subclause (II), a State that is
eligible to receive a reallotment under clause (i) shall
receive a portion for a fiscal year from the amount available
for reallotment under paragraph (1) that is equal to the
difference between--
``(aa) the amount such State was allotted under subsection
(a) for such fiscal year; and
``(bb) the amount such State was allotted under subsection
(a) for the immediately preceding fiscal year, adjusted by
the percentage change in the funds available for subsection
(a) from the immediately preceding fiscal year.
``(II) If the amount available for reallotment under
paragraph (1) is insufficient to provide each State eligible
to receive a reallotment under clause (i) with the portion
described in subclause (I), the amount reallotted to each
eligible State shall be determined by the Commissioner.
``(C) If there are funds remaining after each State
eligible to receive a reallotment under subparagraph (B)(i)
receives the portion described in subparagraph (B)(ii), the
Commissioner shall reallot the remaining funds among the
States requesting a reallotment.
``(3) The Commissioner shall reallot an amount to a State
under this subsection only if the State will be able to make
sufficient payments from non-Federal sources to pay for the
non-Federal share of the cost of vocational rehabilitation
services under the State plan for the fiscal year for which
the amount was appropriated.
``(4) For the purposes of this part, any portion made
available to a State for any fiscal year pursuant to this
subsection shall be regarded as an increase of such State's
allotment (as determined under the preceding provisions of
this section) for such year.
``(c)(1) For fiscal year 2012 and for each fiscal year
thereafter, the Commissioner shall reserve, from the funds
appropriated under section 100(b)(1) for each fiscal year, an
amount that is not less than 1.23 percent and not more than
1.5 percent of those funds in order to carry out section 121,
provided that the minimum percentage that may be reserved
shall increase by 0.01 percent for each succeeding fiscal
year after fiscal year 2012.
``(2) Notwithstanding paragraph (1), there shall be no
increase in the minimum percentage of funds reserved under
paragraph (1) unless there is an equivalent increase in the
funds appropriated under section 100(b)(1).''.
(b) Reservation for Transition and Pre-Employment
Transition Services.--Section 110 (29 U.S.C. 730) is amended
by adding at the end the following:
``(d) From any State allotment under subsection (a) for a
fiscal year, the State shall reserve not less than 10 percent
of the allotted funds for the provision of transition
services to assist students with disabilities and youth with
disabilities in transitioning from education or training to
employment, which includes pre-employment transition services
under section 114.''.
SEC. 420. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``grants to States'' and inserting ``grants
to agencies designated under subsection (c) (referred to
individually in this section as a `designated CAP agency')'';
(B) by inserting ``including under sections 114,'' after
``all available benefits under this Act,''; and
(C) by inserting ``and eligibility'' after ``to ensure the
protection of the rights'';
(2) in subsection (b), by striking the matter preceding
paragraph (1) and inserting ``Neither an agency within the
State, nor the State, may receive payments from an allotment
under subsection (e) in any fiscal year unless the State has
designated under subsection (c) an agency that--'';
(3) in subsection (c)--
(A) in paragraph (2), by inserting ``(as defined in section
106(a))'' after ``consumer organizations''; and
(B) in paragraph (3), by striking ``agency designated under
this subsection'' and inserting ``designated CAP agency'';
(4) in subsection (d), by striking ``agency designated
under subsection (c) of this section'' and inserting
``designated CAP agency'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) After reserving funds under subparagraphs (E) and
(F), the Secretary shall allot the remainder of the sums
appropriated for each fiscal year under this section among
the designated CAP agencies within the States on the basis of
relative population of each State, except that no such agency
shall receive less than $50,000.'';
(ii) in subparagraph (B), by inserting ``the designated CAP
agencies located in'' before ``American Samoa''; and
(iii) by striking subparagraph (D) and inserting the
following:
``(D)(i) For any fiscal year for which the funds
appropriated for such fiscal year under subsection (h) exceed
$7,500,000, the minimum allotment under this subsection shall
be $100,000 for the designated CAP agencies located in States
and $45,000 for the designated CAP agencies located in
territories.
``(ii) For any fiscal year for which the total amount
appropriated under subsection (h) exceeds the total amount
appropriated under such subsection (or the corresponding
provision) for the preceding fiscal year, the Secretary shall
increase each of the minimum allotments under clause (i) by a
percentage that shall not exceed the percentage increase,
calculated by dividing such total amount for the fiscal year
involved by such total amount for the preceding fiscal year.
``(E)(i) For any fiscal year for which the amount
appropriated under subsection (h) equals or exceeds
$13,000,000, the Secretary shall reserve funds appropriated
under subsection (h) to make a grant to the protection and
advocacy system serving the American Indian Consortium, to
provide designated CAP agency services in accordance with the
requirements of this section. The amount of such a grant
shall be the same amount as is provided to a territory under
subparagraph (B), as increased under clauses (i) and, if
applicable, (ii) of subparagraph (D).
``(ii) In this subparagraph:
``(I) The term `American Indian Consortium' has the meaning
given the term in section 102 of the Developmental
Disabilities
[[Page H1514]]
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(II) The term `protection and advocacy system' means a
protection and advocacy system established under subtitle C
of title I of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
``(F) For any fiscal year for which the amount appropriated
under subsection (h) equals or exceeds $14,000,000, the
Secretary shall reserve not less than 1.8 percent and not
more than 2.2 percent of such amount to provide a grant for
training and technical assistance for the programs
established under this section. Such training and technical
assistance shall be coordinated with activities provided
under section 509(c)(1)(A).'';
(B) in paragraph (2)--
(i) except as provided in clause (ii), by striking
``State'' each place it appears and inserting ``designated
CAP agency''; and
(ii) by striking ``States'' each place it appears and
inserting ``designated CAP agencies''; and
(C) in paragraph (3), by striking ``agency designated'' and
all that follows and inserting ``designated CAP agency the
amount specified in the application approved under subsection
(f).'';
(6) in subsection (f), by striking ``State'' and inserting
``designated CAP agency'';
(7) in paragraph (1) of subsection (g), by striking ``such
programs'' and inserting ``the designated CAP agency of a
State''; and
(8) in subsection (h), by striking ``1999 through 2003''
and inserting ``2013 through 2017''.
SEC. 421. TECHNICAL ASSISTANCE FOR QUALITY SERVICES.
Part B of title I (29 U.S.C. 730 et seq.), is amended by
adding at the end the following:
``SEC. 113. ADDITIONAL TECHNICAL ASSISTANCE.
``The Commissioner shall provide technical assistance for
programs provided under this title regarding improving the
quality of vocational rehabilitation services provided
through the programs, including--
``(1) consulting with the Department of Labor, the Small
Business Administration, other appropriate Federal agencies,
State and local workforce investment boards, and businesses
or business-led intermediaries;
``(2) based on information obtained through the
consultations, providing--
``(A) technical assistance that improves quality by
enabling designated State units to develop successful
partnerships with local and multi-State businesses in an
effort to employ individuals with disabilities; and
``(B) technical assistance on developing self-employment
opportunities and improving employment outcomes for
individuals with disabilities; and
``(3) providing technical assistance to improve the quality
of vocation rehabilitation services programs carried out
under section 121.''.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.), as amended by
section 521, is further amended by adding at the end the
following:
``SEC. 114. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES
FOR STUDENTS WITH DISABILITIES.
``(a) In General.--From the funds reserved under section
110(d), and funds made available from State, local, and
private funding sources (consistent with requirements that
apply to the acceptance and use of such funds), each State
shall ensure that--
``(1) the designated State unit shall provide, or arrange
for the provision of, pre-employment transition services for
all students with disabilities who are in need of such
services; and
``(2) the designated State unit will not expend more than 5
percent of the funds reserved to carry out this section to
pay for the administrative costs associated with providing
pre-employment transition services under this section.
``(b) Local Pre-Employment Transition Coordinator.--
``(1) Coordinator.--Each local office of a designated State
unit shall designate at least 1 staff person to carry out the
responsibilities of a Local Pre-Employment Transition
Coordinator for students with disabilities, as well as
appropriate staff to support the Coordinator in carrying out
the responsibilities as described in paragraph (2).
``(2) Responsibilities.--It shall be the responsibility of
a Local Pre-Employment Transition Coordinator to--
``(A) attend individualized education program meetings, as
appropriate, for students with disabilities;
``(B) work with the local workforce investment boards, one-
stop centers, and employers to develop job opportunities for
students with disabilities, including internships, summer
employment opportunities and other employment opportunities
available throughout the school year, and apprenticeships;
and
``(C) work with schools, including those carrying out
activities under section 614(d)(1)(A)(i)(VIII) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the
provision of pre-employment transition services for students
with disabilities, including services described in clauses
(i) through (v) of section 7(30)(B).
``(c) National Pre-Employment Transition Coordination.--
``(1) In general.--The Secretary of Education and the
Secretary of Labor shall each designate a lead staff person
to fulfill the responsibilities of a National Pre-Employment
Transition Coordinator for Students with Disabilities. The
National Pre-Employment Transition Coordinators shall work
cooperatively, and with other Federal agencies including the
Corporation for National and Community Service, to develop
and coordinate--
``(A) agency policies related to pre-employment transition
services; and
``(B) resources to increase job opportunities for students
with disabilities, including internships, summer employment
opportunities and other employment opportunities available
throughout the school year, and apprenticeships.
``(2) Construction.--Nothing in this subsection shall be
construed to prohibit either Secretary from assigning
additional responsibilities, other than the responsibilities
described in this subsection, to a staff person designated
under this subsection.''.
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ``(referred to in this
section as `eligible individuals'), consistent with such
eligible individuals' strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice, so that such individuals may prepare for, and engage
in, high quality employment that will increase opportunities
for economic self-sufficiency'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(D) contains assurances that--
``(i) all decisions affecting eligibility for vocational
rehabilitation services, the nature and scope of available
vocational rehabilitation services, and the provision of such
services, will be made by a representative of the tribal
vocational rehabilitation program funded through the grant;
and
``(ii) such decisions will not be delegated to another
agency or individual.''; and
(B) by striking paragraphs (3) and (4) and inserting the
following:
``(3) If an application is approved under this part for a
grant, the resulting grant shall be for 5 years, if the grant
recipient complies with the program requirements for the
program carried out under this part (including the
regulations promulgated for the program). The grant shall be
renewed for additional 5-year periods if the Commissioner
determines that the grant recipient demonstrated acceptable
past performance and the grant recipient submits, and obtains
approval by the Commissioner, for a plan, including a
proposed budget, that identifies future performance criteria,
goals, and objectives. The State shall continue to provide
vocational rehabilitation services under the State plan to
American Indians residing on or near a reservation whenever
such State includes any such American Indians in its State
population under section 110(a)(1).
``(4) In allocating funds for grants under this part, the
Secretary shall give priority to paying the continuation
costs of projects in existence on the date of the allocation
and may provide for increases in funding for such projects
that the Secretary determines to be necessary.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c)(1) From the funds appropriated and made available to
carry out this part for any fiscal year, beginning with
fiscal year 2012, the Commissioner shall first reserve not
less than 1.8 percent and not more than 2 percent of the
funds to provide training and technical assistance to
governing bodies described in subsection (a) for such fiscal
year.
``(2) From the funds reserved under paragraph (1), the
Commissioner shall make grants to, and enter into contracts
and other arrangements with, entities that have experience in
the operation of vocational rehabilitation services programs
under this section to provide such training and technical
assistance with respect to developing, conducting,
administering, and evaluating such programs.
``(3) The Commissioner shall conduct a survey of the
governing bodies regarding training and technical assistance
needs in order to determine funding priorities for such
grants, contracts, or other arrangements.
``(4) To be eligible to receive a grant or enter into a
contract or other arrangement under this section, such an
entity shall submit an application to the Commissioner at
such time, in such manner, and containing a proposal to
provide such training and technical assistance, and
containing such additional information as the Commissioner
may require. The Commissioner shall provide for peer review
of grant applications by panels that include persons who are
not government employees and who have experience in the
operation of vocational rehabilitation services programs
under this section.''.
Subtitle C--Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended--
(1) in paragraph (1), by inserting ``technical
assistance,'' after ``training,'';
(2) in paragraph (2), by inserting ``technical
assistance,'' after ``training,'';
(3) in paragraph (3)--
[[Page H1515]]
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, use, and adoption'' after
``transfer''; and
(ii) by inserting ``in a timely and efficient manner,''
after ``disabilities''; and
(B) in subparagraph (D), by inserting ``and dissemination
of research findings to individuals with disabilities and
other interested entities'' after ``technology'';
(4) in paragraph (5), by striking ``and'' after the
semicolon;
(5) in paragraph (6), by striking the period and inserting
``; and''; and
(6) by adding at the end the following:
``(7) identify effective strategies for supporting the
employment of individuals with disabilities in competitive
integrated employment.''.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201(a) (29 U.S.C. 761(a)) is amended--
(1) in paragraph (1), by striking ``1999 through 2003'' and
inserting ``2013 through 2017''; and
(2) in paragraph (2), by striking ``1999 through 2003'' and
inserting ``2013 through 2017''.
SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION
RESEARCH.
Section 202 (29 U.S.C. 762) is amended--
(1) in subsection (a)(1)(A)--
(A) in clause (ii), by striking ``and training; and'' and
inserting ``, training, and technical assistance;'';
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following:
``(iii) knowledge translation and dissemination; and'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``in rehabilitation'' and
inserting ``on disability and rehabilitation'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by inserting
``education, health and health care,'' after ``independent
living,''; and
(ii) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) public and private entities, including--
``(i) elementary schools and secondary schools (as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965);
``(ii) institutions of higher education; and
``(iii) nongovernmental agencies and organizations;
``(B) rehabilitation practitioners;
``(C) employers and organizations representing employers
with respect to employment-based educational materials or
research;
``(D) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved by programs
under this Act);
``(E) the individuals' representatives for the individuals
described in subparagraph (D); and
``(F) the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Appropriations of
the Senate, the Committee on Education and the Workforce of
the House of Representatives, the Committee on Appropriations
of the House of Representatives, and the National Council on
Disability;''.
(C) in paragraph (6)--
(i) by inserting ``disability and'' after ``advances in'';
and
(ii) by inserting ``education, health and health care,''
after ``independent living,'';
(D) in paragraph (7), by striking ``taking whatever action
is necessary to keep the Congress fully and currently
informed'' and inserting ``reporting to Congress on a
continuing and yearly basis'';
(E) in paragraph (8), by striking ``health, income,'' and
inserting ``health and health care, income, education,'';
(F) in paragraph (10), by striking ``and telecommuting;
and'' and inserting ``, supported employment (including
customized employment), and telecommuting;'';
(G) in paragraph (11), by striking the period and inserting
``; and''; and
(H) by adding at the end the following:
``(12) ensuring that the research activities and findings,
demonstration projects, reports, evaluations, studies,
information described in this section, as well as information
about any reports in progress, will be made publicly
available in a timely manner, including through electronic
means (such as the website of the Department of Education and
other relevant government agency websites) in order to inform
the public about the research and activities performed under
this title.'';
(3) in subsection (d)(1), in the second sentence, by
inserting before the period the following: ``, and shall not
be an employee of the Department of Education during the 90-
day period before such appointment'';
(4) in subsection (f)(1), by striking the second sentence
and inserting the following: ``The scientific peer review
shall be conducted by individuals who are not Department of
Education employees, who are scientists or other experts in
the disability and rehabilitation field (including the
independent living field), including individuals with
disabilities and the individuals' representatives, and who
have sufficient knowledge to review applications for the
financial assistance. Such panel shall include a member of
the covered school community (for any activity resulting in
educational materials or a product to be used in a covered
school), a member of the business community (for an activity
resulting in a product to be used in an employment activity),
a member of the assistive technology community (for an
activity relating to assistive technology), and an accessible
electronic and information technology vendor or manufacturer
(for an activity relating to accessible electronic and
information technology). The peer review panel shall include
a director of a designated State unit for a panel that
considers research related to the operation or administration
of the vocational rehabilitation program.'';
(5) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by inserting ``disability and'' after ``priorities
for''; and
(ii) by inserting ``dissemination,'' after ``training,'';
and
(B) in paragraph (2)(A), by striking ``, especially in the
area of employment'';
(6) by redesignating subsections (i), (j), and (k), as
subsections (j), (k), and (l), respectively;
(7) by inserting after subsection (h) the following:
``(i)(1) The Director shall determine if entities that
received financial assistance under this title are complying
with the applicable requirements of this Act and achieving
measurable goals, described in section 204(d)(2), that are
consistent with the requirements of the programs under which
the entities received the financial assistance.
``(2) To assist the Director in carrying out the
responsibilities described in paragraph (1), the Director
shall require recipients of financial assistance under this
title to submit relevant information to evaluate program
outcomes with respect to the measurable goals described in
section 204(d)(2) pursuant to section 75.118 of title 34,
Code of Federal Regulations.'';
(8) in subsection (k), as redesignated by paragraph (6), by
striking paragraph (3); and
(9) by striking subsection (l), as redesignated by
paragraph (6), and inserting the following:
``(l) The Director shall make grants to institutions of
higher education for the training of rehabilitation
researchers, including individuals with disabilities and
traditionally underserved populations of individuals with
disabilities, as described in section 21, with particular
attention to research areas that--
``(1) support the implementation and objectives of this
Act; and
``(2) improve the effectiveness of services authorized
under this Act.
``(m)(1) Not later than December 31 of each year, the
Director shall prepare, and submit to the Secretary, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and the Workforce of
the House of Representatives, a report on the activities
funded under this title.
``(2) The report under paragraph (1) shall include--
``(A) a compilation and summary of the information provided
by recipients of financial assistance for such activities
under this title;
``(B) a summary of recipients of financial assistance
received under this title and the progress of the recipients
of financial assistance in achieving the measurable goals
described in section 204(d)(2); and
``(C) a summary of practical implications of research
outcomes and anticipated next steps.
``(n)(1) If the Director determines that an entity that
receives financial assistance under this title fails to
comply with the applicable requirements of this Act, or to
make progress toward achieving the measurable goals described
in section 204(d)(2), with respect to the covered activities
involved, the Director shall enact monitoring and enforcement
measures pursuant to section 75.253 of title 34, Code of
Federal Regulations.
``(2) As part of the annual report required under
subsection (m), the Secretary shall describe each action
taken by the Secretary under paragraph (1) and the outcomes
of such action.''.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and cooperation'' and inserting ``,
cooperation, and collaboration'';
(B) by inserting ``disability and'' after ``agencies
conducting'';
(C) by inserting ``the Chairman of the National Council on
Disability, the Assistant Secretary for Disability Employment
Policy, the Secretary of Defense, the Director of the Office
on Disability of the Department of Health and Human
Services,'' after ``Assistant Secretary for Special Education
and Rehabilitative Services,''; and
(D) by striking ``and the Director of the National Science
Foundation.'' and inserting ``the Director of the National
Science Foundation, the Secretary of Commerce, and the
Administrator of the Small Business Administration.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``from targeted
individuals'' and inserting ``individuals with disabilities
and their representatives''; and
(B) in paragraph (2)--
(i) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) share information regarding the range of assistive
technology research, rehabilitation research, and research
that incorporates
[[Page H1516]]
the principles of universal design, that is being carried out
by members of the Committee and other Federal departments and
organizations;
``(B) identify and make efforts to address, gaps in
assistive technology research, rehabilitation research, and
research that incorporates the principles of universal
design, that are not being adequately addressed;'';
(ii) in subparagraph (D)--
(I) by striking ``and research that incorporates the
principles of universal design'' and inserting ``,
rehabilitation research, and research that incorporates the
principles of universal design''; and
(II) by striking ``and'' after the semicolon; and
(iii) in subparagraph (E), by striking ``and research that
incorporates the principles of universal design.'' and
inserting ``, rehabilitation research, and research that
incorporates the principles of universal design; and'';
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
``(c)(1) Not later than 2 years after the date of enactment
of the Workforce Investment Act of 2012, and periodically
thereafter, the Committee shall host a disability and
rehabilitation research summit, for the purposes of
establishing a research agenda to ensure projects are
relevant and applicable, bringing together policymakers,
representatives from Federal agencies conducting disability
and rehabilitation research, nongovernmental funders of
rehabilitation research, and organizations representing
individuals with disabilities, researchers, and providers.
``(2) Based on the proceedings of the summit described in
paragraph (1), the Committee shall develop a comprehensive
Government-wide strategic plan for disability and
rehabilitation research. The strategic plan shall include
measurable goals and objectives, action-oriented measures,
timetables, budgets, and assignment of responsible
individuals and agencies for carrying out research
activities. At a minimum, the strategic plan shall include--
``(A) research priorities and recommendations;
``(B) the development of a searchable Government-wide
inventory of disability and rehabilitation research for trend
and data analysis across Federal agencies;
``(C) a set of guiding principles and policies and
procedures for conducting and administering disability and
rehabilitation research across Federal agencies; and
``(D) a summary of underemphasized and of duplicative areas
of research.
``(3) Not later than 90 days after the conclusion of the
summit described in paragraph (1), the strategic plan
described in paragraph (2) shall be submitted to the
President and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives.
``(4) The annual report prepared by the Committee under
subsection (d) shall include an annual accounting of the
progress made in implementing the strategic plan described in
paragraph (2), including achievement of measurable goals and
objectives, timetables, budgets, and the assignment of
responsible individuals and agencies.
``(5) The Committee shall have the authority to facilitate
collaborative projects among Federal agencies by receiving
the transfer of funds from such agencies.'';
(6) in subsection (d), as redesignated by paragraph (4), by
striking paragraph (1) and inserting the following:
``(1) describes the progress of the Committee in fulfilling
the duties described in subsections (b) and (c), and
including specifically for subsection (c)--
``(A) a report of the progress made in implementing the
strategic plan;
``(B) a description of the achievement of measurable goals,
objectives, and timetables;
``(C) detailed budgetary information; and
``(D) the assignment of responsible individuals and
agencies.''; and
(7) in subsection (e)--
(A) in paragraph (1), by striking ``and'' after the
semicolon; and
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `rehabilitation research' means research on
issues and topics related to attaining maximum self
sufficiency and function by individuals with disabilities,
including research on assistive technology and universal
design, employment, education, health and function, and
community integration and participation.''.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (20 U.S.C. 764) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``have practical real life applications
and'' before ``maximize''; and
(ii) by striking ``employment, independent living,'' and
inserting ``employment, education, independent living, health
and health care,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and from which the
research findings can be transferred to practice'' after
``State agencies''; and
(ii) in subparagraph (B)--
(I) by striking clause (ii) and inserting the following:
``(ii) studies and analysis of policies and the interaction
of how particular factors (industrial, vocational,
educational, employment, social, recreational, psychiatric,
psychological, economic, and health and health care),
including for traditionally underserved populations as
described in section 21, affect the rehabilitation of
individuals with disabilities;'';
(II) in clause (iii), by striking ``are homebound'' and
inserting ``have significant challenges attempting to engage
with community life outside of their homes'';
(III) in clause (iv), by inserting ``, including the
principles of universal design and the interoperability of
products and services'' after ``disabilities'';
(IV) in clause (v), by inserting ``, and to promote
employment opportunities in competitive integrated
employment'' after ``employment'';
(V) in clause (vi), by striking ``and'' after the
semicolon;
(VI) in clause (vii), by striking ``and assistive
technology.'' and inserting ``, assistive technology, and
communications technology; and''; and
(VII) by adding at the end the following:
``(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including
self-employment and telecommuting, of individuals with
disabilities.''; and
(C) by adding at the end the following:
``(3) In carrying out this section, the Director shall
emphasize covered activities that include plans for--
``(A) dissemination of high quality materials,
scientifically valid research results, or findings,
conclusions, and recommendations resulting from covered
activities, including through electronic means (such as the
website of the Department of Education), so that such
information is available in a timely manner to the general
public; or
``(B) the commercialization of marketable products,
research results, or findings, resulting from the covered
activities.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(18)'' both places the
term appears and inserting ``(17)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clauses (i) and (ii)
and inserting the following:
``(i) be operated in collaboration with institutions of
higher education or providers of rehabilitation services,
developers or providers of assistive technology devices,
assistive technology services, or information technology
devices or services, or providers of other appropriate
services; and
``(ii) serve as centers of national excellence and national
or regional resources for individuals with disabilities, as
well as providers, educators, and researchers.'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``alleviate or stabilize''
and all that follows through the semicolon and inserting
``maximize health and function (including alleviating or
stabilizing conditions, or preventing secondary conditions),
and promote maximum social and economic independence of
individuals with disabilities, including promoting the
ability of the individuals to prepare for, secure, retain,
regain, or advance in employment;'';
(II) in clause (iii), by striking ``and'' after the
semicolon; and
(III) by striking clause (iv) and inserting the following:
``(iv) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to
providers, educators, and researchers, through conferences,
workshops, public education programs, in-service training
programs, and similar activities and providing knowledge
translation to promote the use of research findings through
training, technical assistance, and dissemination, including
identifying potential new areas of research; and
``(v) developing practical applications for the findings of
the research of the Centers.''; and
(iii) in subparagraph (C)--
(I) in clause (i), by inserting ``, including research on
assistive technology devices, assistive technology services,
and accessible electronic and information technology
devices'' after ``research'';
(II) in clause (ii), by striking ``and social'' and
inserting ``, social, and economic'';
(III) by striking clauses (iii) through (vi) and inserting
the following:
``(iii) improving the evaluation process for determining
the assistive technology needs of individuals with
disabilities;
``(iv) research related to vocational rehabilitation,
including the use of assistive technology devices and
accessible electronic and information technology devices in
employment;
``(v) continuation of research that promotes the emotional,
social, educational, and functional growth of children who
are individuals with disabilities, as well as their
integration in school, employment, and community activities;
``(vi) continuation of research to develop and evaluate
interventions, policies, and services that support families
of children and adults who are individuals with disabilities;
``(vii) continuation of research that will improve services
and policies that foster the independence and social
integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with
intellectual disabilities and other developmental
disabilities, to live in their communities; and
[[Page H1517]]
``(viii) research, dissemination, and technical assistance
on best practices in supported employment and other
strategies to promote competitive integrated employment for
persons with the most significant disabilities.'';
(IV) by striking subparagraph (D) and inserting the
following:
``(D) Training of students preparing to be rehabilitation
personnel or to provide rehabilitative, assistive, or
supportive services (such as rehabilitation counseling,
personal care services, direct care, job coaching, aides in
school based setting, or advice or assistance in utilizing
assistive technology devices, assistive technology services,
and accessible electronic and information technology devices
and services) shall be an important priority for each such
Center.'';
(V) by striking subparagraph (I); and
(VI) by redesignating subparagraphs (J) through (O) as
subparagraphs (I) through (N), respectively;
(C) in paragraph (3)--
(i) in subparagraph (B)--
(I) in clause (ii)(II), by striking ``employment'' and
inserting ``educational, employment,''; and
(II) in clause (iii)(II), by striking ``employment'' and
inserting ``educational, employment,'';
(ii) in subparagraph (D)(ii), by adding at the end the
following: ``Each such Center conducting an activity relating
to assistive technology or relating to accessible electronic
and information technology shall include in the advisory
committee a member of the assistive technology or accessible
electronic and information technology community,
respectively. Each such Center conducting an activity
resulting in educational materials or a product to be used in
a covered school, or resulting in a product to be used in an
employment activity, shall include in the advisory committee
a member of the covered school community, or a member of the
business community, respectively.''; and
(iii) in subparagraph (G)(ii), by inserting ``the success
of any commercialized product researched or developed through
the Center,'' after ``individuals with disabilities,'';
(D) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``special'' and inserting ``unique''; and
(II) by inserting ``social and functional needs, and''
before ``acute care''; and
(ii) in clause (iv), by inserting ``education, health and
health care,'' after ``employment,'';
(E) in paragraph (8)--
(i) by striking ``Veteran's Administration'' and inserting
``Department of Veterans Affairs, the Department of Defense,
the Substance Abuse and Mental Health Services
Administration, the Federal Communications Commission,''; and
(ii) by inserting ``the Department of Commerce, the Small
Business Administration, the Department of Labor,'' after
``Space Administration,'';
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13), (14),
(15), (16), (17), and (18), as paragraphs (9), (10), (11),
(12), (13), (14), (15), and (16), respectively;
(H) in paragraph (11), as redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A), by striking
``employment needs of individuals with disabilities,'' and
inserting ``employment needs, opportunities, and outcomes
(including those relating to self-employment, supported
employment, and telecommuting) of individuals with
disabilities, including older individuals with disabilities,
students with disabilities who are transitioning from school
to postsecondary life, including employment, and out of
school youth with disabilities,'';
(ii) in subparagraph (B), by inserting ``and employment
related'' after ``the employment'';
(iii) in subparagraph (E), by striking ``and'' after the
semicolon;
(iv) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(v) by adding at the end the following:
``(G) develop models and alternatives to help transition
sheltered workshops for individuals with disabilities to
competitive integrated employment for such individuals, and
develop recommendations for decreasing reliance on the
special minimum wage certificate program under section 14(c)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)).'';
(I) in paragraph (14), as redesignated by subparagraph (G),
by striking ``and access to gainful employment.'' and
inserting ``, full participation, equal opportunity, and
economic self-sufficiency.''; and
(J) by adding at the end the following:
``(17) Research grants may be used to provide for research
and training concerning the delivery of vocational
rehabilitation services. Such projects and activities may
include projects and activities designed to--
``(A) identify, develop, and evaluate evidence-based
practices or policies that are effective in improving
employment outcomes for individuals with disabilities;
``(B) conduct research related to improving the provision
of services for underserved or special populations, such as
strategies to enhance employment services and outcomes for
middle-aged and older workers with disabilities or American
Indians with disabilities;
``(C) conduct research on the delivery of vocational
rehabilitation services to rural areas;
``(D) demonstrate innovative models of service delivery or
testing methods of service delivery that have the potential
to improve the effectiveness of programs authorized under
this Act, including the use of assistive technology devices
and accessible electronic and information technology devices
in employment;
``(E) conduct research on ways to improve the performance
of State vocational rehabilitation agencies;
``(F) disseminate and promote the implementation of
evidence-based practices identified through these activities;
and
``(G) conduct rigorous evaluations of programs and
activities administered by the Rehabilitation Services
Administration or supported under this Act.''; and
(3) by adding at the end the following:
``(d)(1) The Director shall award the grants, contracts, or
other financial assistance under this title on a competitive
basis.
``(2)(A) To be eligible to receive financial assistance
under this section for a covered activity, an entity shall
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require.
``(B) The application shall include information
describing--
``(i) measurable goals, as established through section 1115
of title 31, United States Code, and a timeline and specific
plan for meeting the goals, that the applicant has set for
addressing priorities related to--
``(I) commercialization of a marketable product (including
a marketable curriculum or research) resulting from the
covered activity;
``(II) in the case of a covered activity relating to
technology, technology transfer;
``(III) in the case of research, dissemination of research
results to, as applicable, Government entities, individuals
with disabilities, covered schools, the business community,
the assistive technology community, and the accessible
electronic and information technology community; and
``(IV) other priorities as required by the Director; and
``(ii) how the applicant will quantifiably measure the
goals to determine whether the goals have been accomplished.
``(3)(A) In the case of an application for financial
assistance under this section to carry out a covered activity
that results in the development of a marketable product, the
application shall also include a commercialization and
dissemination plan, as appropriate, containing
commercialization and marketing strategies for the product
involved, and strategies for disseminating information about
the product. The financial assistance shall not be used to
carry out the commercialization and marketing strategies.
``(B) In the case of any other application for financial
assistance to carry out a covered activity under this
section, the application shall also include a dissemination
plan, containing strategies for disseminating educational
materials, research results, or findings, conclusions, and
recommendations, resulting from the covered activity.''.
SEC. 436. REHABILITATION RESEARCH ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended--
(1) in subsection (a), by inserting ``not less than'' after
``composed of''; and
(2) by striking subsection (c) and inserting the following:
``(c) Qualifications.--Members of the Council shall include
representatives of rehabilitation professionals,
rehabilitation researchers, the directors of community
rehabilitation programs, the business community (including a
representative of the small business community) that has
experience with the system of vocational rehabilitation
services carried out under this Act and with hiring
individuals with disabilities, assistive technology
developers and manufacturers, information technology vendors
and manufacturers, entities carrying out programs under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.),
covered school professionals, individuals with disabilities,
and the individuals' representatives. At least one-half of
the members shall be individuals with disabilities or the
individuals' representatives.''.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760) is amended by adding at the end
the following:
``SEC. 206. DEFINITION OF COVERED SCHOOL.
``In this title, the term `covered school' means an
elementary school or secondary school (as such terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) or an institution of
higher education.''.
Subtitle D--Professional Development and Special Projects and
Demonstration
SEC. 441. TRAINING.
Section 302 (29 U.S.C. 772) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking all after ``deliver'' and inserting
``supported employment services and customized employment
services to individuals with the most significant
disabilities''; and
(II) by striking ``and'' after the semicolon;
(ii) in subparagraph (F), by striking ``and'' after the
semicolon;
(iii) in subparagraph (G), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) personnel trained in providing assistive technology
services.'';
[[Page H1518]]
(2) in subsection (b)(1)(B)(i), by striking ``or
prosthetics and orthotics'' and inserting ``prosthetics and
orthotics, rehabilitation teaching for the blind, or
orientation and mobility instruction'';
(3) in subsection (g)--
(A) in paragraph (1), by adding after the period the
following: ``Any technical assistance provided to community
rehabilitation programs shall be focused on the employment
outcome of competitive integrated employment for individuals
with disabilities.''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause (iv) and
inserting the following:
``(iv) for the 2 years following the date of enactment of
the Workforce Investment Act of 2012, to provide training
regarding the amendments made to this Act.''; and
(ii) in subparagraph (B), by striking ``on the date of
enactment of the Rehabilitation Act Amendments of 1998'' and
inserting ``on the date of enactment of the Workforce
Investment Act of 2012''; and
(4) in subsection (i), by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2013 through
2017''.
SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS.
Section 303 (29 U.S.C. 773) is amended--
(1) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking clause (i) and inserting the following:
``(i) special projects and demonstration programs focused
on improving transition from education to competitive
integrated employment for youth who are individuals with
significant disabilities;''; and
(II) by striking clause (iii) and inserting the following:
``(iii) increasing competitive integrated employment for
individuals with significant disabilities.''; and
(B) by striking paragraph (6);
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (F) as subparagraph (G);
and--
(C) by inserting after subparagraph (E) the following:
``(F) to provide support and guidance in helping
individuals with significant disabilities, including students
with disabilities, transition to competitive integrated
employment; and''; and
(3) by amending subsection (e) to read as follows:
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section (other than subsections (c) and
(e)), there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2013 through
2017.''.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS.
Section 304(b) (29 U.S.C. 774(b)) is amended by striking
``fiscal years 1999 through 2003'' and inserting ``fiscal
years 2013 through 2017''.
SEC. 444. RECREATIONAL PROGRAMS.
Section 305 (29 U.S.C. 776) is amended--
(1) in subsection (a)(1)(B), by striking ``construction of
facilities for aquatic rehabilitation therapy,''; and
(2) in subsection (b), by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2013 through
2017''.
Subtitle E--National Council on Disability
SEC. 451. REPORT.
Section 401 (29 U.S.C. 781) is amended by striking
subsection (c).
SEC. 452. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ``fiscal
years 1999 through 2003'' and inserting ``fiscal years 2013
through 2017''.
Subtitle F--Rights and Advocacy
SEC. 456. BOARD AND COUNCIL.
(a) Architectural and Transportation Barriers Compliance
Board.--Section 502(j) (29 U.S.C. 792(j)) is amended by
striking ``1999 through 2003'' and inserting ``2013 through
2017''.
(b) Program or Activity.--Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ``vocational education''
and inserting ``career and technical education''.
(c) Interagency Disability Coordinating Council.--Section
507(a) (29 U.S.C. 794c(a)) is amended by inserting ``the
Chairperson of the National Council on Disability,'' before
``and such other''.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting ``a grant or
contract for'' before ``training'';
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``general'' and all that follows through
``records'' and inserting ``general authorities (including
rights and remedies), including the authority to access
records''; and
(ii) by inserting ``of title I'' after ``subtitle C''; and
(B) in paragraph (3), by striking ``authority'' and
inserting ``authority (including the right)'';
(3) in subsection (g)(2), by striking ``was paid'' and all
that follows and inserting ``was paid, except that program
income generated from the amount paid to an eligible system
for a fiscal year shall remain available to such system in
accordance with section 19 of this Act.'';
(4) in subsection (l), by striking ``1999 through 2003''
and inserting ``2013 through 2017'';
(5) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(6) by inserting after subsection (k) the following:
``(l) System Authority.--For purposes of serving persons
eligible for services under this section, an eligible system
shall have the same general authorities, including access to
records, as the system is afforded under subtitle C of title
I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined
by the Commissioner of the Administration on Developmental
Disabilities.''.
SEC. 458. STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC
EQUIPMENT.
Section 510 (29 U.S.C. 794f) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Regulations.--Not later than 6 months after the date
of the issuance of the standards under subsection (a), each
appropriate Federal agency authorized to promulgate
regulations under section 504 or the Americans with
Disabilities Act of 1990 shall prescribe regulations in an
accessible format, to the extent necessary to carry out the
provisions of this section, section 504, and the Americans
with Disabilities Act of 1990, as applicable, that include
accessibility standards that are consistent with the
standards issued under subsection (a).''; and
(3) in subsection (d), as redesignated by paragraph (1), by
adding at the end the following: ``Not later than 6 months
after the date of the issuance of such amended standards,
each Federal agency covered by subsection (c) shall prescribe
revised regulations, in an accessible format, that are
consistent with the amended standards.''.
Subtitle G--Employment Opportunities for Individuals With Disabilities
SEC. 461. PROJECTS WITH INDUSTRY.
Section 611 (29 U.S.C. 795) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``in the competitive'' and inserting ``in
competitive integrated employment in the''; and
(ii) by inserting ``locally'' after ``career advancement'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``local and national'' after ``jointly
financed''; and
(II) by inserting ``in competitive integrated employment''
after ``career opportunities'';
(ii) in subparagraph (A)--
(I) by striking clause (ii) and inserting the following:
``(ii) identify job and career availability within the
community in consultations with local workforce investment
boards, consistent with the existing and emerging in-demand
industry sectors and occupations as defined in section 101 of
the Workforce Investment Act of 2012, and the employment
needs of employers in those industry sectors and
occupations;'';
(II) in clause (iii), by striking ``and'' after the
semicolon;
(III) in clause (iv), by inserting ``and'' after the
semicolon; and
(IV) by adding at the end the following:
``(v) coordinate such training and job placement activities
with the local workforce investment boards described in
clause (ii) as appropriate, and with the Job Corps center
industry councils established under section 154 of the
Workforce Investment Act of 2012.''; and
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``and'' after the semicolon;
(II) by redesignating clause (ii) as clause (iii); and
(III) by inserting after clause (i) the following:
``(ii) internship programs for individuals with
disabilities who seek employment; and'';
(2) in subsection (e)(2), by striking ``in States, portions
of States, Indian tribes, or tribal organizations'' and
inserting ``nationally or in States, in portions of States,
across multiple States, or in Indian tribes or tribal
organizations''; and
(3) by adding at the end the following:
``(i) Prohibited Use of Funds.--Grant funds awarded under
this section shall not be used to support services in
sheltered workshops or segregated settings.''.
SEC. 462. AUTHORIZATION OF APPROPRIATIONS.
Section 612 (29 U.S.C. 795a) is amended by striking
``fiscal years 1999 through 2003'' and inserting ``fiscal
years 2013 through 2017''.
SEC. 463. SUPPORTED EMPLOYMENT SERVICES.
Part B of title VI (29 U.S.C. 795g) is amended to read as
follows:
``PART B--SUPPORTED EMPLOYMENT SERVICES
``SEC. 621. PURPOSE.
``It is the purpose of this part to authorize allotments,
in addition to grants for vocational rehabilitation services
under title I, to assist States in developing collaborative
programs with appropriate entities to provide supported
employment services for individuals with the most significant
disabilities, including youth with the most significant
disabilities, to enable such individuals to achieve an
employment outcome of supported employment in competitive
integrated employment.
[[Page H1519]]
``SEC. 622. ALLOTMENTS.
``(a) In General.--
``(1) States.--The Secretary shall allot the sums
appropriated for each fiscal year to carry out this part
among the States on the basis of relative population of each
State, except that--
``(A) no State shall receive less than $250,000, or \1/3\
of 1 percent of the sums appropriated for the fiscal year for
which the allotment is made, whichever amount is greater; and
``(B) if the sums appropriated to carry out this part for
the fiscal year exceed the sums appropriated to carry out
this part for fiscal year 1992 by $1,000,000 or more, no
State shall receive less than $300,000, or \1/3\ of 1 percent
of the sums appropriated for the fiscal year for which the
allotment is made, whichever amount is greater.
``(2) Certain territories.--
``(A) In general.--For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands shall not be
considered to be States.
``(B) Allotment.--Each jurisdiction described in
subparagraph (A) shall be allotted not less than \1/8\ of 1
percent of the amounts appropriated for the fiscal year for
which the allotment is made.
``(b) Reallotment.--Whenever the Commissioner determines
that any amount of an allotment to a State for any fiscal
year will not be expended by such State for carrying out the
provisions of this part, the Commissioner shall make such
amount available for carrying out the provisions of this part
to one or more of the States that the Commissioner determines
will be able to use additional amounts during such year for
carrying out such provisions. Any amount made available to a
State for any fiscal year pursuant to the preceding sentence
shall, for the purposes of this section, be regarded as an
increase in the allotment of the State (as determined under
the preceding provisions of this section) for such year.
``(c) Limitations on Administrative Costs.--A State that
receives an allotment under this part shall not use more than
5 percent of the funds made available through the allotment
to pay for administrative costs.
``(d) Services for Youth With the Most Significant
Disabilities.--A State that receives an allotment under this
part shall expend half of the allotment for the provision of
supported employment services, including extended services,
to youth with the most significant disabilities in order to
assist those youth to achieve an employment outcome in
supported employment.
``SEC. 623. AVAILABILITY OF SERVICES.
``(a) Supported Employment Services.--Funds provided under
this part may be used to provide supported employment
services to individuals who are eligible under this part.
``(b) Extended Services.--Except as provided in paragraph
(c), funds provided under this part, or title I, may not be
used to provide extended services to individuals who are
eligible under this part or title I.
``(c) Extended Services for Youth With the Most Significant
Disabilities.--Funds allotted under this part, or title I,
and used for the provision of services under this part to
youth with the most significant disabilities pursuant to
section 622(d) of this part, may be used to provide extended
services to youth with the most significant disabilities for
a period not to exceed four years.
``SEC. 624. ELIGIBILITY.
``An individual, including a youth with a disability, shall
be eligible under this part to receive supported employment
services authorized under this part if--
``(1) the individual, including a youth with a disability,
is eligible for vocational rehabilitation services under
title I;
``(2) the individual, including a youth, is determined to
be an individual with a most significant disability; and
``(3) a comprehensive assessment of rehabilitation needs of
the individual or youth described in section 7(2)(B),
including an evaluation of rehabilitation, career, and job
needs, identifies supported employment as the appropriate
employment outcome for the individual or youth.
``SEC. 625. STATE PLAN.
``(a) State Plan Supplements.--To be eligible for an
allotment under this part, a State shall submit to the
Commissioner, as part of the State plan under section 101, a
State plan supplement for providing supported employment
services authorized under this Act to individuals, including
youth with the most significant disabilities, who are
eligible under this Act to receive the services. Each State
shall make such annual revisions in the plan supplement as
may be necessary.
``(b) Contents.--Each such plan supplement shall--
``(1) indicate each designated State agency as the agency
to administer the program assisted under this part;
``(2) summarize the results of the comprehensive, statewide
assessment conducted under section 101(a)(15)(A)(i), with
respect to the rehabilitation needs of individuals, including
youth, with significant disabilities and the need for
supported employment services, including needs related to
coordination;
``(3) describe the quality, scope, and extent of supported
employment services authorized under this Act to be provided
to individuals, including youth with the most significant
disabilities, who are eligible under this Act to receive the
services and specify the goals and plans of the State with
respect to the distribution of funds received under section
622;
``(4) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including
entering into cooperative agreements) with other State
agencies and other appropriate entities to assist in the
provision of supported employment services;
``(5) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including
entering into cooperative agreements) with other public or
nonprofit agencies or organizations within the State,
employers, natural supports, and other entities with respect
to the provision of extended services;
``(6) a description of the activities to be conducted under
this part, using the funds specified in section 622(d) of
this title, for providing supported employment services to
youth with the most significant disabilities, including--
``(A) the provision of extended services for a period not
to exceed four years; and
``(B) how the State will use the funds specified in section
622(d) to leverage other public and private funds to increase
resources for extended services and expand supported
employment opportunities for youth with the most significant
disabilities;
``(7) provide assurances that--
``(A) funds made available under this part will only be
used to provide supported employment services authorized
under this Act to individuals, including youth, who are
eligible under this part to receive the services;
``(B) the comprehensive assessments of individuals with
significant disabilities, including youth with the most
significant disabilities, conducted under section 102(b)(1)
and funded under title I will include consideration of
supported employment as an appropriate employment outcome;
``(C) an individualized plan for employment, as required by
section 102, will be developed and updated using funds under
title I in order to--
``(i) specify the supported employment services to be
provided, including as appropriate for youth with the most
significant disabilities, transition services and pre-
employment transition services provided in accordance with
sections 101(a)(25) and 114;
``(ii) specify the expected extended services needed,
including the extended services that may be provided to youth
with the most significant disabilities under this part, in
accordance with an approved individualized plan for
employment, for a period not to exceed four years; and
``(iii) identify, as appropriate, the source of extended
services, which may include natural supports, or to the
extent that it is not possible to identify the source of
extended services at the time the individualized plan for
employment is developed;
``(D) the State will use funds provided under this part
only to supplement, and not supplant, the funds provided
under title I, in providing supported employment services
specified in the individualized plan for employment;
``(E) services provided under an individualized plan for
employment will be coordinated with services provided under
other individualized plans established under other Federal or
State programs;
``(F) to the extent jobs skills training is provided, the
training will be provided onsite;
``(G) supported employment services will include placement
in an integrated setting based on the unique strengths,
resources, priorities, concerns, abilities, capabilities,
interests, and informed choice of individuals with the most
significant disabilities;
``(H) the State agencies designated under paragraph (1)
will expend not more than 5 percent of the allotment of the
State under this part for administrative costs of carrying
out this part; and
``(I) with respect to supported employment services
provided to youth with the most significant disabilities with
the funds described in section 622(d), the designated State
agency will provide, directly or indirectly through public or
private entities, non-Federal contributions towards the grant
award in an amount that is not less than 10 percent of such
costs; and
``(8) contain such other information and be submitted in
such manner as the Commissioner may require.
``SEC. 626. RESTRICTION.
``Each State agency designated under section 625(b)(1)
shall collect the information required by section 101(a)(10)
separately for eligible--
``(1)(A) individuals receiving supported employment
services under this part; and
``(B) individuals receiving supported employment services
under title I; and
``(2)(A) youth receiving supported employment services
under this part; and
``(B) youth receiving supported employment services under
title I.
``SEC. 627. SAVINGS PROVISION.
``(a) Supported Employment Services.--Nothing in this Act
shall be construed to prohibit a State from providing
supported employment services in accordance with the State
plan submitted under section 101 by using funds made
available through a State allotment under section 110.
``(b) Post-Employment Services.--Nothing in this part shall
be construed to prohibit a State from providing discrete
post-employment services in accordance with the
[[Page H1520]]
State plan submitted under section 101 by using funds made
available through a State allotment under section 110 to an
individual who is eligible under this subpart.
``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
part, including for technical assistance, such sums as may be
necessary for each of the fiscal years 2013 through 2017.''.
Subtitle H--Independent Living Services and Centers for Independent
Living
CHAPTER 1--GENERAL PROVISIONS
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph (3),
by inserting before the period the following: ``, with the
goal of improving the independence of and equal opportunity
for individuals with disabilities''.
SEC. 472. INDEPENDENT LIVING ADMINISTRATION.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting
after section 701 the following:
``SEC. 701A. INDEPENDENT LIVING ADMINISTRATION.
``(a) Establishment.--In order to promote the philosophy
and purpose of section 701, there is established within the
Department of Education an Independent Living Administration,
independent of the Rehabilitation Services Administration.
``(b) Director.--The Independent Living Administration
shall be headed by a Director (referred to in this title as
the `ILA Director') appointed by the Secretary. The ILA
Director shall not have been an employee of the Department of
Education during the 90-day period before such appointment,
and shall have substantial knowledge of independent living
services. The Independent Living Administration shall be the
principal agency, and the ILA Director shall be the principal
officer, of the Department for carrying out this title. The
ILA Director shall have the same reporting relationship as is
outlined in section 202(a)(2), and shall be a different
individual than the Commissioner.
``(c) General Counsel.--The Office of the General Counsel
of the Department of Education shall designate 1 or more
individuals, with substantial background in and knowledge of
independent living services and centers for independent
living under this title, to provide advice, support, and
technical assistance to the ILA Director.
``(d) Input.--The ILA Director shall have the authority to
seek such input and advice, including convening meetings, as
the ILA Director determines to be appropriate with respect to
the policies and conduct of the Independent Living
Administration.
``(e) Staff.--The Secretary shall ensure that--
``(1) the Independent Living Administration has sufficient
staff to provide oversight of, conduct auditing of, and
provide technical assistance to, the centers for independent
living and Statewide Independent Living Councils funded under
this Act; and
``(2) such staff includes qualified individuals who have
significant experience with centers for independent living or
Statewide Independent Living Councils described in section
705.''.
SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by inserting
``for individuals with significant disabilities (regardless
of age or income)'' before ``that--'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) in subparagraph (B), by striking the period and
inserting ``, including, at a minimum, independent living
core services as defined in section 7(17); and''; and
(D) by adding at the end the following:
``(C) has sufficient staff to provide the services
described in subparagraph (B).''; and
(2) in paragraph (2), by striking the period and inserting
the following: ``, both in terms of--
``(A) the management, staffing, decisionmaking, and
operation of the center; and
``(B) the center's establishment of policies, direction,
and provision of services.''.
SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``State plan'' the following:
``developed and signed in accordance with paragraph (2),'';
and
(ii) by striking ``Commissioner'' each place it appears and
inserting ``ILA Director'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``developed and signed by''; and
(ii) by striking subparagraphs (A) and (B) and inserting
the following:
``(A) developed by the chairperson of the Statewide
Independent Living Council, the director of the designated
State entity described in subsection (c), and the directors
of the centers for independent living in the State, after
receiving public input from individuals with disabilities
throughout the State; and
``(B) signed by--
``(i) the chairperson of the Statewide Independent Living
Council, acting on behalf of and at the direction of the
Council;
``(ii) the director of the designated State entity
described in subsection (c); and
``(iii) not less than 51 percent of the directors of the
centers for independent living in the State.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``State independent
living services'' and inserting ``independent living services
in the State'';
(ii) in subparagraph (B), by striking ``and'' at the end;
and
(iii) by striking subparagraph (C) and inserting the
following:
``(C) working relationships and collaboration between--
``(i) centers for independent living; and
``(ii)(I) entities carrying out programs that provide
independent living services, including those serving older
individuals;
``(II) other community-based organizations that provide or
coordinate the provision of housing, transportation,
employment, information and referral assistance, services,
and supports for individuals with significant disabilities;
and
``(III) entities carrying out the vocational rehabilitation
program established under title I, and other programs
providing services for individuals with disabilities; and
``(D) cooperative agreements and partnerships to provide a
seamless model for provision of services to individuals with
disabilities and to avoid duplication of services.'';
(D) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(E) by adding at the end the following:
``(5) Statewide basis.--The State plan shall provide for
the provision of independent living services on a statewide
basis, to the greatest extent possible, including through the
establishment of additional centers for independent living or
focused outreach to serve underserved populations.'';
(2) in subsection (b), by striking the period and inserting
the following: ``, as well as a plan for funding the
administrative costs of the Council.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Unit'' and
inserting ``Entity'';
(B) in the matter preceding paragraph (1), by striking
``the designated State unit of such State'' and inserting ``a
State entity of such State (referred to in this title as the
`designated State entity'), which may be the designated State
unit, an entity within the designated State agency, or an
entity within a different State agency,'';
(C) in paragraphs (3) and (4), by striking ``Commissioner''
each place it appears and inserting ``ILA Director'';
(D) in paragraph (3), by striking ``and'' at the end; and
(E) in paragraph (4), by striking the period and inserting
``; and'';
(4) in subsection (i), by striking paragraphs (1) and (2)
and inserting the following:
``(1) the Statewide Independent Living Council;
``(2) centers for independent living;
``(3) the designated State entity; and
``(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.'';
(5) in subsection (m)--
(A) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(B) in paragraph (5), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(6) by adding at the end the following:
``(o) Promoting Full Access to Community Life.--
``(1) In general.--The plan shall describe how the State
will provide independent living services that promote full
access to community life for individuals with significant
disabilities.
``(2) Services.--The services shall include--
``(A) facilitating transitions of individuals with
significant disabilities from nursing homes and other
institutions, to home- and community-based residences, with
the requisite supports and services;
``(B) providing assistance to individuals with significant
disabilities that are at risk of entering institutions so
that the individuals may remain in the community; and
``(C) facilitating transitions of youth (including
students) who are individuals with significant disabilities,
who were eligible for individualized education programs under
section 614(d) of the Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)), and who have completed their
secondary education or otherwise left school, to
postsecondary life, including employment.''.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the following:
``(2) Composition.--The Council shall include--
``(A) among its voting members, at least 1 director of a
center for independent living chosen by the directors of
centers for independent living within the State;
``(B) among its voting members, for a State in which 1 or
more centers are funded under section 721(c)(4), at least 1
representative of the directors of the centers; and
``(C) as ex officio, nonvoting members, a representative of
the designated State entity, and representatives from State
agencies that provide services for individuals with
disabilities.'';
(B) in paragraph (3)--
(i) by redesignating subparagraphs (C) through (F) as
subparagraphs (D) through (G), respectively;
[[Page H1521]]
(ii) in subparagraph (B), by striking ``parents and
guardians of''; and
(iii) by inserting after paragraph (B) the following:
``(C) parents and guardians of individuals with
disabilities;''; and
(C) in paragraph (5)(B), by striking ``paragraph (3)'' and
inserting ``paragraph (1)'';
(2) by striking subsection (c) and inserting the following:
``(c) Functions.--
``(1) Duties.--The Council shall--
``(A) in conjunction with the directors of the centers for
independent living in the State, and the designated State
entity, jointly develop and sign the State plan as provided
in section 704(a)(2);
``(B) monitor, review, and evaluate the implementation of
the State plan;
``(C) have at least 4 regularly scheduled meetings per
year, and ensure that such meetings of the Council are open
to the public and sufficient advance notice of such meetings
is provided;
``(D) submit to the ILA Director such periodic reports as
the ILA Director may reasonably request, and keep such
records, and afford such access to such records, as the ILA
Director finds necessary to verify the information in such
reports; and
``(E) as appropriate, coordinate activities with the State
Rehabilitation Council established under section 105, if the
State has such a Council, or the commission described in
section 101(a)(21)(A), if the State has such a commission,
and councils that address the needs of specific disability
populations and issues under other Federal law.
``(2) Authorities.--The Council may, consistent with the
State plan described in section 704, unless prohibited by
State law--
``(A) facilitate the improvement and coordination of
services provided to individuals with disabilities by centers
for independent living, the designated State unit, other
government agencies, and community organizations;
``(B) conduct resource development activities to obtain
funding from public and private resources to support the
activities described in this subsection or to support the
provision of independent living services by centers for
independent living; and
``(C) perform such other functions, consistent with the
purpose of this chapter and comparable to other functions
described in this subsection, as the Council determines to be
appropriate.
``(3) Limitation.--The Council shall not provide
independent living services directly to individuals with
significant disabilities or manage such services.'';
(3) in subsection (e)--
(A) in paragraph (1), in the first sentence, by striking
``prepare'' and all that follows through ``a plan'' and
inserting ``prepare, in conjunction with the designated State
entity, a plan''; and
(B) in paragraph (3), by striking ``agency'' and inserting
``entity''; and
(4) in subsection (f)--
(A) by striking ``such resources'' and inserting
``available resources''; and
(B) by striking ``(including'' and all that follows through
``compensation'' and inserting ``(such as personal assistance
services), and to pay reasonable compensation''.
SEC. 476. RESPONSIBILITIES OF THE ILA DIRECTOR.
Section 706 (29 U.S.C. 796d-1) is amended--
(1) by striking the title of the section and inserting the
following:
``SEC. 706. RESPONSIBILITIES OF THE ILA DIRECTOR.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``Secretary'' and inserting ``Secretary or
the Commissioner''; and
(bb) by striking ``to the Commissioner; and'' and inserting
``to the ILA Director;'';
(II) by redesignating clause (ii) as clause (iii); and
(III) by inserting after clause (i) the following:
``(ii) to the State agency shall be deemed to be references
to the designated State entity; and'';
(3) by striking subsection (b) and inserting the following:
``(b) Indicators.--Not later than 1 year after the date of
enactment of the Workforce Investment Act of 2012, the ILA
Director shall develop and publish in the Federal Register
indicators of minimum compliance for centers for independent
living (consistent with the standards set forth in section
725), and indicators of minimum compliance for Statewide
Independent Living Councils.'';
(4) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) Reviews.--
``(A) Types of reviews.--The ILA Director shall annually
conduct--
``(i) onsite compliance reviews of at least 15 percent of
the centers for independent living that receive funds under
section 722 and shall periodically conduct such a review of
each such center;
``(ii) onsite compliance reviews of at least one-third of
the designated State units that receive funding under section
723, and, to the extent necessary to determine the compliance
of such a State unit with subsections (f) and (g) of section
723, centers that receive funding under section 723 in such
State; and
``(iii) onsite compliance reviews for at least 10 percent
of the Statewide Independent Living Councils established in
each State under section 705.
``(B) Selections.--The ILA Director shall select the
centers, State units, and Councils described in this
paragraph for review on a random basis.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``Commissioner'' and inserting ``ILA Director'';
(ii) in subparagraph (A), by striking ``such a review'' and
inserting ``a review described in paragraph (1)''; and
(iii) in subparagraphs (A) and (B), by striking
``Department'' each place it appears and inserting
``Independent Living Administration''; and
(5) by striking subsection (d).
CHAPTER 2--INDEPENDENT LIVING SERVICES
SEC. 477. ADMINISTRATION.
(a) Allotments.--Section 711 (29 U.S.C. 796e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Except'' and inserting ``After the
reservation required by section 711A is made, and except'';
and
(ii) by inserting ``the remainder of the'' before ``sums
appropriated''; and
(B) in paragraph (2)(B), by striking ``amounts made
available for purposes of this part'' and inserting
``remainder described in paragraph (1)(A)'';
(2) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director''; and
(3) by adding at the end the following:
``(d) Administration.--Funds allotted or made available to
a State under this section shall be administered by the
designated State entity, in accordance with the approved
State plan, except for States covered by section 723.''.
(b) Training and Technical Assistance.--Part B of title VII
is amended by inserting after section 711 (29 U.S.C. 796e)
the following:
``SEC. 711A. TRAINING AND TECHNICAL ASSISTANCE.
``(a) In General.--From the funds appropriated to carry out
this part for any fiscal year, beginning with fiscal year
2012, the ILA Director shall first reserve not less than 1.8
percent and not more than 2 percent of the funds to provide
training and technical assistance to Statewide Independent
Living Councils for such fiscal year.
``(b) Allocation.--From the funds reserved under subsection
(a), the ILA Director shall make grants to, and enter into
contracts and other arrangements with, entities that have
experience in the operation of Statewide Independent Living
Councils to provide such training and technical assistance
with respect to developing, conducting, administering, and
evaluating Statewide Independent Living Councils.
``(c) Funding Priorities.--The ILA Director shall conduct a
survey of Statewide Independent Living Councils regarding
training and technical assistance needs in order to determine
funding priorities for such grants, contracts, or other
arrangements.
``(d) Review.--To be eligible to receive a grant or enter
into a contract or other arrangement under this section, such
an entity shall submit an application to the ILA Director at
such time, in such manner, and containing a proposal to
provide such training and technical assistance, and
containing such additional information as the ILA Director
may require. The ILA Director shall provide for peer review
of grant applications by panels that include persons who are
not government employees and who have experience in the
operation of Statewide Independent Living Councils.''.
(c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is
amended by striking ``Commissioner'' and inserting ``ILA
Director.''
(d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-
2) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The State may use funds received under
this part (but not more than 30 percent of the funds paid to
the State under section 712) to provide the resources
described in section 705(e), relating to the Statewide
Independent Living Council, may retain funds under section
704(c)(5), and shall distribute the remainder of the funds
received under this part in a manner consistent with the
approved State plan under section 704 for the activities
described in subsection (b).
``(b) Activities.--The State may use the remainder of the
funds described in subsection (a)--''; and
(2) in paragraph (1), by inserting ``, particularly those
in unserved areas of the State'' after ``disabilities''.
(e) Authorization of Appropriations.--Section 714 (29
U.S.C. 796e-3) is amended by striking ``1999 through 2003''
and inserting ``2013 through 2017''.
CHAPTER 3--CENTERS FOR INDEPENDENT LIVING
SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended--
(1) in subsection (a)--
(A) by striking ``1999'' and inserting ``2012'';
(B) by striking ``Commissioner shall allot'' and inserting
``ILA Director shall make available''; and
(C) by inserting ``, centers for independent living,''
after ``States'';
[[Page H1522]]
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``For'' and all that follows through
``Commissioner'' and inserting ``From the funds appropriated
to carry out this part for any fiscal year, beginning with
fiscal year 2012, the ILA Director'';
(ii) by inserting ``not less than 1.8 percent and not more
than 2 percent of the funds'' after ``reserve''; and
(iii) by striking ``eligible agencies'' and all that
follows and inserting ``centers for independent living and
eligible agencies for such fiscal year.'';
(B) in paragraph (2)--
(i) by striking ``Commissioner'' and inserting ``ILA
Director''; and
(ii) by inserting ``fiscal management of,'' before
``planning,'';
(C) in paragraphs (3), (4), and (5), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director''; and
(D) in paragraph (3), by striking ``Statewide Independent
Living Councils and'';
(3) by striking subsection (c) and inserting the following:
``(c) Allotments to States.--
``(1) Definitions.--In this subsection:
``(A) Additional appropriation.--The term `additional
appropriation' means the amount (if any) by which the
appropriation for a fiscal year exceeds the total of--
``(i) the amount reserved under subsection (b) for that
fiscal year; and
``(ii) the appropriation for fiscal year 2008.
``(B) Appropriation.--The term `appropriation' means the
amount appropriated to carry out this part.
``(C) Base appropriation.--The term `base appropriation'
means the portion of the appropriation for a fiscal year that
is equal to the lesser of--
``(i) an amount equal to 100 percent of the appropriation,
minus the amount reserved under subsection (b) for that
fiscal year; or
``(ii) the appropriation for fiscal year 2008.
``(2) Allotments to states from base appropriation.--After
the reservation required by subsection (b) has been made, the
ILA Director shall allot to each State whose State plan has
been approved under section 706 an amount that bears the same
ratio to the base appropriation as the amount the State
received under this subsection for fiscal year 2008 bears to
the total amount that all States received under this
subsection for fiscal year 2008.
``(3) Allotments to states of additional appropriation.--
From the portion of any additional appropriation for each
fiscal year that remains after the application of paragraph
(4), the ILA Director shall allot to each State whose State
plan has been approved under section 706 an amount equal to
the sum of--
``(A) an amount that bears the same ratio to 50 percent of
the portion as the population of the State bears to the
population of all States; and
``(B) \1/56\ of 50 percent of that portion.
``(4) Grants for centers for american indians.--
``(A) Grants.--The ILA Director may reserve not more than 5
percent of the additional appropriation for any fiscal year.
The ILA Director shall use the reserved funds to make
individual grants to support new or existing centers for
independent living run by, or in conjunction with, the
governing bodies of American Indian tribes located on Federal
or State reservations (including consortia of such governing
bodies). A governing body that receives such a grant shall
use the grant funds for such a center that serves American
Indians who are individuals with disabilities residing on or
near such a reservation.
``(B) Applications.--
``(i) In general.--To be eligible to receive a grant under
this paragraph for an independent living center, a governing
body, or a governing body in conjunction with a center for
independent living, shall submit an application to the ILA
Director at such time, in such manner and containing such
information as the ILA Director may require, and obtain
approval for the application.
``(ii) Contents.--At a minimum, the application shall
contain an assurance that the center--
``(I) will meet the definition of a center for independent
living under section 702;
``(II) will provide independent living core services (as
defined in section 7(17)) to American Indians described in
subparagraph (A) and, in appropriate cases, may provide to
such American Indians services traditionally used by Indian
tribes;
``(III) will have sufficient staff to provide the services
described in subclause (II); and
``(IV) will comply with the standards and provide and
comply with the assurances for centers for independent living
under section 725.
``(C) Carryover authority.--Notwithstanding any other
provision of law, any funds provided through a grant made
under subparagraph (A) to an individual grant recipient for a
fiscal year that are not obligated or expended by the
recipient prior to the beginning of the succeeding fiscal
year shall remain available for obligation and expenditure by
such recipient during that succeeding fiscal year and the
subsequent fiscal year.
``(D) Reservation.--In this paragraph, the term
`reservation' has the meaning given the term in section
121(d).'';
(4) in subsection (d), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(5) by adding at the end the following:
``(e) Carryover Authority.--Notwithstanding any other
provision of law--
``(1) any funds appropriated for a fiscal year to carry out
a grant program under section 722 or 723, that are not
obligated and expended by the recipients prior to the
beginning of the succeeding fiscal year shall remain
available for obligation and expenditure by such recipients
during that succeeding fiscal year and the subsequent fiscal
year; and
``(2) any amounts of program income received by recipients
under a grant program under section 722 or 723 in a fiscal
year, that are not obligated and expended by the recipients
prior to the beginning of the succeeding fiscal year, shall
remain available for obligation and expenditure by such
recipients during that succeeding fiscal year and the
subsequent fiscal year.''.
SEC. 482. CENTERS.
(a) Centers in States in Which Federal Funding Exceeds
State Funding.--Section 722 (29 U.S.C. 796f-1) is amended--
(1) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director'';
(2) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants for a
fiscal year''; and
(B) by striking ``by September 30, 1997'' and inserting
``for the preceding fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' and inserting ``ILA
Director''; and
(ii) by striking ``region, consistent'' and all that
follows and inserting ``region. The ILA Director's
determination of the most qualified applicant shall be
consistent with the provisions in the State plan setting
forth the design of the State for establishing a statewide
network of centers for independent living.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``Commissioner'' and inserting ``ILA Director''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) shall consider comments regarding the application--
``(i) by individuals with disabilities and other interested
parties within the new region proposed to be served;
``(ii) if any, by the Statewide Independent Living Council
in the State in which the applicant is located;''; and
(iii) in subparagraph (C), by inserting ``, and consistent
with the other objectives of this title'' before the period;
and
(4) in subsections (e) and (g) by striking ``Commissioner''
each place it appears and inserting ``ILA Director.''.
(b) Centers in States in Which State Funding Exceeds
Federal Funding.--Section 723 (29 U.S.C. 796f-2) is amended--
(1) in subsections (a), (b), (g), (h), and (i), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director'';
(2) in subsection (a), in the header of paragraph (3), by
striking ``commissioner'' and inserting ``ILA director''; and
(3) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants for a
fiscal year''; and
(B) by striking ``by September 30, 1997'' and inserting
``for the preceding fiscal year''.
(c) Centers Operated by State Agencies.--Section 724 (29
U.S.C. 796f-3) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``1993'' and inserting ``2012'';
(B) by striking ``Rehabilitation Act Amendments of 1998''
and inserting ``Workforce Investment Act of 2012''; and
(C) by striking ``1994'' and inserting ``2012''; and
(2) by striking ``Commissioner'' each place it appears and
inserting ``ILA Director''.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f-4) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(D), by striking ``to society'' and
inserting ``, both within the community and throughout the
United States,''; and
(B) in paragraph (5)--
(i) by inserting ``(as defined in section 7(17))'' after
``core services''; and
(ii) by inserting before the period the following: ``to
eligible individuals, to promote full access to community
life''; and
(2) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f-6) is amended by striking
``fiscal years 1999 through 2003'' and inserting ``fiscal
years 2013 through 2017''.
CHAPTER 4--INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BLIND.
Chapter 2 of title VII of the Rehabilitation Act of 1973
(29 U.S.C. 796j et seq.) is amended--
(1) by redesignating sections 752 and 753 as sections 753
and 754, respectively; and
(2) by inserting after section 751 the following:
``SEC. 752. TRAINING AND TECHNICAL ASSISTANCE.
``(a) Grants; Contracts; Other Arrangements.--For any
fiscal year for which the funds appropriated to carry out
this chapter exceed the funds appropriated to carry out this
chapter for fiscal year 2008, the Commissioner shall first
reserve from such excess, to
[[Page H1523]]
provide training and technical assistance to designated State
agencies, or other providers of independent living services
for older individuals who are blind, that are funded under
this chapter for such fiscal year, not less than 1.8 percent,
and not more than 2 percent, of the funds appropriated to
carry out this chapter for the fiscal year involved.
``(b) Allocation.--From the funds reserved under subsection
(a), the Commissioner shall make grants to, and enter into
contracts and other arrangements with, entities that
demonstrate expertise in the provision of services to older
individuals who are blind, to provide training and technical
assistance with respect to planning, developing, conducting,
administering, and evaluating independent living programs for
older individuals who are blind.
``(c) Funding Priorities.--The Commissioner shall conduct a
survey of designated State agencies that receive grants under
section 753 regarding training and technical assistance needs
in order to determine funding priorities for grants,
contracts, and other arrangements under this section.
``(d) Application.--To be eligible to receive a grant or
enter into a contract or other arrangement under this
section, an entity shall submit an application to the
Commissioner at such time, in such manner, containing a
proposal to provide such training and technical assistance,
and containing such additional information as the
Commissioner may require.
``(e) Prohibition on Combined Funds.--No funds reserved by
the Commissioner under this section may be combined with
funds appropriated under any other Act or portion of this Act
if the purpose of combining funds is to make a single
discretionary grant or a single discretionary payment, unless
such reserved funds are separately identified in the
agreement for such grant or payment and are used for the
purposes of this chapter.''.
SEC. 487. PROGRAM OF GRANTS.
Section 753 of the Rehabilitation Act of 1973 (29 U.S.C.
796k), as redesignated by section 586, is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively;
(3) in subsection (b), by striking ``section 753'' and
inserting ``section 754'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``section 753'' and
inserting ``section 754''; and
(B) in paragraph (2)--
(i) by striking ``subsection (j)'' and inserting
``subsection (i)''; and
(ii) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(5) in subsection (g), by inserting ``, or contracts
with,'' after ``grants to'';
(6) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``subsection (j)(4)'' and
inserting ``subsection (i)(4)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by adding ``and'' after the
semicolon;
(ii) in subparagraph (B)(ii)(III), by striking ``; and''
and inserting a period; and
(iii) by striking subparagraph (C); and
(7) in subsection (i), as redesignated by paragraph (2)--
(A) by striking paragraph (2) and inserting the following:
``(2) Minimum allotment.--
``(A) States.--In the case of any of the several States,
the District of Columbia, or the Commonwealth of Puerto Rico,
the amount referred to in paragraph (1)(A) for a fiscal year
is the greater of--
``(i) $350,000;
``(ii) an amount equal to the amount the State, the
District of Columbia, or the Commonwealth of Puerto Rico
received to carry out this chapter for fiscal year 2008; or
``(iii) an amount equal to \1/3\ of 1 percent of the amount
appropriated under section 754, and not reserved under
section 752, for the fiscal year and available for allotments
under subsection (a).
``(B) Certain territories.--In the case of Guam, American
Samoa, the United States Virgin Islands, or the Commonwealth
of the Northern Mariana Islands, the amount referred to in
paragraph (1)(A) for a fiscal year is $60,000.'';
(B) in paragraph (3)(A), by striking ``section 753'' and
inserting ``section 754, and not reserved under section
752,''; and
(C) in paragraph (4)(B)(i), by striking ``subsection (i)''
and inserting ``subsection (h)''.
SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 754 of the Rehabilitation Act of 1973 (29 U.S.C.
796l), as redesignated by section 586, is amended by striking
``fiscal years 1999 through 2003'' and inserting ``fiscal
years 2013 through 2017''.
Subtitle I--Increasing Employment Opportunities for Individuals With
Disabilities
SEC. 491. DISABILITY EMPLOYMENT.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
amended by adding at the end the following:
``TITLE VIII--INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
``SEC. 801. PUBLIC EDUCATION CAMPAIGNS ABOUT HIRING
INDIVIDUALS WITH DISABILITIES.
``(a) In General.--Not later than 120 days after the date
of enactment of the Workforce Investment Act of 2012, the
Secretary of Labor, acting through the Assistant Secretary
and in coordination with the Commissioner of the
Rehabilitation Services Administration, the Commissioner of
Social Security, the Commissioner of the Internal Revenue
Service, and the heads of other relevant Federal agencies and
divisions of Federal agencies, shall develop and carry out
public education campaigns that educate employers (including
small businesses), employees (including individuals with
disabilities), and members of the general public (including
young adults) on the benefits of hiring individuals with
disabilities. The public education campaign for employers
(including small businesses) shall include information on--
``(1) the work opportunity credit under section 51 of the
Internal Revenue Code of 1986; and
``(2) tax incentives available to businesses to help cover
the cost of improving accessibility, including--
``(A) the disabled access credit under section 44 of the
Internal Revenue Code of 1986; and
``(B) the tax deduction available under section 190 of the
Internal Revenue Code of 1986, for expenses for architectural
barrier removal.
``(b) Educational Materials.--The public education
campaigns described in subsection (a) shall include, as
necessary, different educational materials in order to
adequately target and educate, small businesses, employers
generally, employees, and members of the general public,
including educational materials on work incentives that may
assist individuals with disabilities in leaving programs of
public benefits, entering the workforce, advancing their
economic status, and contributing to and participating more
fully in their communities.''.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended--
(1) by striking the item relating to section 109 and
inserting the following:
``Sec. 109. Training and services for employers.'';
(2) by inserting after the item relating to section 112 the
following:
``Sec. 113. Additional technical assistance.
``Sec. 114. Pre-employment transition services.'';
(3) by inserting after the item relating to section 205 the
following:
``Sec. 206. Definition of covered school.'';
(4) by inserting after the item relating to section 509 the
following:
``Sec. 510. Establishment of standards for accessible medical
diagnostic equipment.'';
(5) by striking the items relating to part B of title VI
and inserting the following:
``Part B--Supported Employment Services
``Sec. 620. Authorization of appropriations.'';
(6) in the items relating to title VII--
(A)(i) by inserting after the item relating to section 701
the following:
``Sec. 701A. Independent Living Administration.'';
and
(ii) by striking the item relating to section 706 and
inserting the following:
``Sec. 706. Responsibilities of the ILA Director.'';
(B) by inserting after the item relating to section 711 the
following:
``Sec. 711A. Training and technical assistance.'';
and
(C) by striking the items relating to sections 752 and 753
and inserting the following:
``Sec. 752. Training and technical assistance.
``Sec. 753. Program of grants.
``Sec. 754. Authorization of appropriations.'';
and
(7) by adding at the end the following:
``TITLE VIII--INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
``Sec. 801. Public education campaigns about hiring individuals with
disabilities.''.
The CHAIR. Pursuant to House Resolution 113, the gentleman from
Massachusetts (Mr. Tierney) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. TIERNEY. Madam Chairwoman, I yield myself 3 minutes.
This amendment is offered in its entirety as a substitute for the
underlying bill and the manager's amendment to it. I do it because I
strongly believe that this is, in fact, a better proposal than the
existing one, but would have preferred what could have been the best
result in this bill, which would have been one where all of the Members
had had consultation and where all of the negotiations had occurred and
we were able to bring forth a bill with concessions by both sides to
get a bill that would have been assured of passage in the Senate, or
close to that, assured the President's signature and assured the
support of the broad public.
Instead, just as in the last session, we end up with a proposal that
ignores sound proposals from both sides and that goes with a hyper-
partisan approach, and that's not going to serve the country or this
process at all. Having a chance to present 18 amendments,
[[Page H1524]]
as was done in the last session, and having them all essentially shot
down on a party-line vote is not an excuse or a substitute for having a
process in which we really try to work out our differences and make
reasonable concessions.
This bill that's before us today by the majority party was filed on
February 25. A so-called ``hearing'' occurred on February 26, the very
next day, at which two of the three Republican witnesses admitted they
had never read the bill. Instead, of programs that exist right now,
this bill proceeded with their arbitrary consolidation or elimination
without any evaluation of their efficacy, of their effectiveness, of
whether or not they ought to be consolidated or changed or terminated
or kept intact as they are.
Reliance was made on the GAO report, which did not say anything about
consolidating. All it said was that some of the programs duplicate some
aspects and that only five programs had had a full evaluation, which
would have begged the question for more hearings, more thorough
evaluation, more data, and more consultation with the people involved--
the stakeholders--to, in fact, come to a conclusion of just how, and
if, consolidation should have happened.
We've seen from some of the amendments made today, even by Members of
the majority, that they thought that some of the populations should
have gotten more attention than the base bill gives them. Essentially,
here, we have a public policy that is dictated, not by Washington in
the underlying bill, but is advocated to Governors so that instead of
being accountable for the decisions we make of who we think needs job
training in this country and what the national needs are, the
Republican bill would just abdicate that to Governors, and they could
decide to serve or not serve entire populations and afford them an
opportunity to get the training that we believe as legislators they
need.
This bill, as amended by the manager's amendment, creates a one-size-
fits-all: it eliminates separate training funds for youth; it silences
the voices of the community colleges, labor, economic development
groups, and community-based organizations; it eliminates supported
employment programs, like the Disabled Veterans' Outreach Program; it
eliminates the priority of service delivery for low-income adults and
out-of-school youth.
Perhaps that's why so many groups have expressed serious concern
about this underlying bill. Groups like the United States Conference of
Mayors, the National Association of Counties, the National League of
Cities, the National Association of Workforce Boards, Corporation for a
Skilled Workforce, Goodwill Industries International, and so many
others have expressed concern for this underlying bill or have
expressed approval for the substitute that we offer. It's why the
administration has filed a statement opposing this bill, just as it did
last year, saying it doesn't meet the administration's goals and urging
the Republicans to work with us to make a better bill on that.
Mr. Chairman, we could have had the best of all alternatives. We
could have had a good bill for the American people. We could have had a
bill that took the best aspects of all the proposals and put them
together with consultation and presented that for the approval of this
House, then had a signed signature by the President, and then had the
support of the American people. Unfortunately, that process was not
followed, and the arbitrary process was endured by all of us on that
part.
I ask that the Members support this substitute as being better than
the underlying bill; and then hopefully, we could get back to getting
the best bill, which would be one done by collaboration and
cooperation.
I reserve the balance of my time.
{time} 1100
Mr. KLINE. Mr. Chairman, I rise to claim the time in opposition.
The Acting CHAIR (Mr. Campbell). The gentleman from Minnesota is
recognized for 10 minutes.
Mr. KLINE. Mr. Chairman, I yield myself such time as I may consume.
Despite the extraordinary mischaracterization of the bill and some
pretty amazing straw men that have been put forward today, let's look
at what we really have here. This chart shows the situation that we've
got today. This myriad of programs, I would call this bureaucracy run
amok. I might call it red tape, as one of the colleagues from the other
side suggested I might call it. It is confusing at best.
And this is what the President had to say about it. He said: It's a
maze of confusing training programs. He said that last year. I thought
he meant it. I'm not sure about his statement today. Maybe he has
changed his mind, but he called it a maze.
So what are we going to do about this maze, this red tape, this
bureaucracy? We recommend simplifying it, making it easier to use,
helping people get the training they need, not the bureaucracy for them
to wade through. So we took the information from the Government
Accountability Office. We looked at the statements coming from the
administration and departments. We looked at programs that even the
administration had recommended to stop funding, and we said: Let's make
this simple. Let's make this easier. Let's let the local workforce
boards who know their communities, with the employers in their
communities, make it easier for people to get work, and we put together
a bill that has one workforce investment fund. Not a maze, not
confusing, less red tape, easier to use, something that the people who
need work can use so that you don't have less than one in five who show
up to that maze actually getting the training they need.
And what have the Democrats proposed? Well, let's take a look at that
chart. They took the current system and they boldly eliminated one
program that hasn't been funded since 2003, and they added six more. I
don't see how that helps us get where we need to go. I don't see how
that helps get the millions of unemployed back to work. I don't see how
that helps employers who have 3.6 million openings get those jobs
filled.
We need action here. That's what we believe our bill does. This is
what their bill does. I recommend that we support the SKILLS Act and
reject this amendment.
I reserve the balance of my time.
Mr. TIERNEY. At this time I would like to yield 3 minutes to the
gentleman from Texas (Mr. Hinojosa), a coauthor of the substitute
amendment.
Mr. HINOJOSA. Mr. Chairman, I rise today in strong support of the
Tierney, Hinojosa, and Miller amendment in the nature of a substitute
because the Congress has a responsibility to modernize our Nation's
public workforce training and adult educational system.
Putting America back to work must be a top priority for Congress and
the Nation. This Tierney-Hinojosa-Miller amendment would bolster the
role of community colleges in job training by authorizing President
Obama's $8 billion Community College to Career Fund. It would develop a
21st century system for adult education literacy and workplace
services. It would engage our Nation's youth through multiple pathways
to success. It would create competitive employment services and
opportunities for individuals with disabilities. And yes, it would
improve accountability and transparency through performance measures
and reporting.
Importantly, the Democratic substitute bill would strengthen rather
than eliminate the priority for low skilled and low-income adults under
WIA.
Today, our current public workforce and adult education system
provides an invaluable range of services, including education,
occupational skills training, career counseling, job search assistance,
adult education, English language literacy, and civics education. And
yes, it provides job placement services to populations with unique
barriers to employment.
These populations include migrant and seasonal farm workers, Native
Americans, people with disabilities, veterans, older workers, people
who are homeless, low-income youth, low-skilled workers, English
learners, ex-offenders, and women seeking nontraditional employment
opportunities.
In the 12-month period ending September 30, 2012, WIA programs
provided services to 32.8 million people, as well as hundreds of
thousands of employers across the country, according to the U.S.
Department of Labor.
While our current WIA system is providing much-needed education and
[[Page H1525]]
training and reemployment services, the Tierney-Hinojosa-Miller
amendment would modernize our current WIA system. It would prepare
greater numbers of unemployed and underemployed Americans for jobs in
health care, advanced manufacturing, and high-growth industries and
sectors that require specialized skills for these positions, and it
would ensure that our most vulnerable populations are served.
In closing, Mr. Chairman, I urge my colleagues on both sides of the
aisle to join me in voting for the Tierney-Hinojosa-Miller amendment in
the nature of a substitute and do what is right for the millions of
unemployed individuals.
Mr. KLINE. Mr. Chairman, I yield 3 minutes to the gentlewoman from
North Carolina (Ms. Foxx), the author of the SKILLS Act.
Ms. FOXX. Mr. Chair, I thank the chairman of the Education Committee
for his leadership, and I want to give special thanks to the staff for
their hard work on this bill. They've done phenomenal work.
Mr. Chair, I am also opposed to this substitute amendment. This
amendment blatantly ignores the President's call to ``cut through the
confusing maze of training programs'' by creating a number of new
redundant programs. In addition to the 50-plus programs already in
existence, the amendment reauthorizes programs that President Obama
eliminated in his FY '13 budget proposal and funds programs that have
not been funded in years.
Unfortunately, this substitute amendment gives priorities to
bureaucrats instead of un- and under-employed Americans who are
hurting. More than 20 million Americans are struggling to find work and
turn to their government for answers and assistance. This amendment
adds to the confusion of the dizzying maze of existing programs.
We should be streamlining our Nation's workforce development system,
not making it more complicated for workers and job seekers. This week,
several of the North Carolina workforce administrators were in town and
shared with me their frustration in filling local workforce boards with
members Washington mandates, rather than the partners they know who
understand the needs of their local communities and workforce. This
proposal does nothing to address these Federal mandates, and instead
adds to the burden by mandating that 20 percent of board members be Big
Labor. This is unacceptable. State and local leadership should be
deciding who is best equipped to meet the needs of their communities.
Finally, the amendment dramatically increases the amount of hard-
earned taxpayer dollars spent on administrative costs rather than
direct services. Our Nation's debt will reach $17 trillion very soon,
and taking more money from hardworking taxpayers to spend on
bureaucrats is unconscionable. The Democrat proposal asks us to double
down on the status quo that is failing our country in this time of high
unemployment and record debt.
Mr. Chair, the numbers tell the story: 12 million unemployed; 8
million working part-time who want to work full time; 3.6 million jobs
unfilled. Obviously, the current system is broken. I urge my colleagues
to oppose this amendment and support the SKILLS Act.
Mr. TIERNEY. Mr. Chairman, at this time I yield 3 minutes to the
gentleman from Maryland (Mr. Hoyer), the minority whip.
The Acting CHAIR. The gentleman from Maryland is recognized for 3
minutes. That is the balance of the gentleman from Massachusetts' time.
Mr. HOYER. I thank the gentleman for yielding, and I rise in support
of his substitute and in opposition to the so-called SKILLS Act.
Mr. Chairman, there was an opportunity to do this in a bipartisan
fashion. As we so often do, unfortunately, in this body, we choose to
do it in a partisan fashion, which almost predictably will mean its
defeat. This bill is a partisan-sponsored version which is opposed by
most stakeholders, including the National Skills Coalition. It's a
partisan bill because, unfortunately, Republicans refused Democrats'
request to negotiate a bipartisan version.
We need a bill like the Democratic alternative introduced by the
gentleman from Massachusetts (Mr. Tierney), who wrote a bill that
enhances career pathways into training programs for advanced
manufacturing and other industries.
{time} 1110
Our alternative would work to enhance partnerships with industry,
maintain a role for all stakeholders in workforce investment, and
protect services for those facing significant barriers to finding work.
This is the type of approach that House Democrats' Make It in America
plan has endorsed.
Unfortunately, the Republican bill, on the other hand, would
eliminate and/or consolidate 35 programs into a single Workforce
Investment Fund. That may sound good, but it lacks any priority of
service for those facing the highest barriers to employment. These
include low-income individuals and those with poor work histories.
It ends the requirement that State and local Workforce Investment
Boards include representation of workers, labor representation, and it
removes much-needed funding for low-income youth, other than Job Corps.
Mr. Chairman, this is not the Workforce Investment Act
Reauthorization that the American people expect nor the one that
Congress should pass. We need one that invests in competitiveness,
jobs, and the growth of our manufacturing sector. We need the
alternative offered by the gentleman from Massachusetts.
I hope my Republican friends will set partisanship aside and work
with us to enact legislation that helps all of our people find jobs and
pursue the opportunities that make our country great. We have had some
success in this Congress when we acted in a bipartisan fashion. We had
it just a few days ago on the Violence Against Women Act.
But when we act in a partisan fashion, we fail--and this country is
sick of failure, sick of this Congress' inability to work together--and
this is an example, a bill that has historically been passed in a
bipartisan fashion comes to this floor in a very partisan fashion. What
a shame. What a shame for America. What a shame for Americans. What a
shame for workforce development. What a shame for our ability to
compete and to grow and create jobs.
Let's pass this alternative that the gentleman from Massachusetts has
offered.
Mr. TIERNEY. I thank the Chair, first of all, for having the
discussion on time. Apparently, the time was a little bit confused on
that.
I ask unanimous consent that both sides be awarded an additional
minute.
The Acting CHAIR. Is there objection to the request of the gentleman
from Massachusetts?
There was no objection.
Mr. KLINE. Mr. Chairman, can I now inquire as to how much time is
remaining on each side?
The Acting CHAIR. The gentleman from Minnesota has 6 minutes
remaining. The gentleman from Massachusetts has 1 minute remaining.
Mr. KLINE. I'm pleased to yield 3 minutes to the chief deputy whip,
the gentleman from Illinois (Mr. Roskam).
Mr. ROSKAM. I thank the gentleman for yielding.
Look, we were admonished a minute ago in the well of the House about
the shame of things, and I think we can all accept admonition that we,
as a Congress, need to do better. But part of doing better, part of
creating a bipartisan bill, is showing up to do the work. So when the
minority chooses to walk out of a proceeding, while that's their
prerogative, it doesn't create the environment for bipartisanship.
Enough said.
We're also told that there's shame and disappointment in not working,
and I would assume that that shame and disappointment goes back to the
previous majority, Mr. Chairman, who failed to do this work. Now,
that's living in the rearview mirror, and enough of that.
So the question is: How do we move forward? How do we take bipartisan
or, actually, more importantly, nonpartisan advice from the Government
Accounting Office which has looked at the status quo and made a couple
of points? They've said the status quo is a failure. The status quo
isn't syncing up job creation opportunities, that is, job training,
with where the actual jobs are. Or said another way, we've got a status
quo that's good for job trainers,
[[Page H1526]]
but it's not good for the people that we all claim to speak for, that
is, those who are unemployed and need a skill.
So we were also told a minute ago that, and I think the word was, a
majority of those who were involved somehow are opposed to the GOP
plan. I'm getting data that shows that there's dozens of groups--and
I'm sure it's on the Ed and Workforce Web site--that are supporting
this.
So here's the question: Do we listen to the GAO? Do we say we're not
going to defend the status quo, we're not going to bulk up with more
bureaucracy, but, instead, at a time when everybody recognized that
resources are limited, we're going to consolidate, be smart, be clever
about how we're doing things in order to get this done?
And I think the failure, with all due respect, of the Democratic
substitute is that it creates six new programs as opposed to
consolidating and putting all of these savings, I might add, back into
the very job training program that we're all trying to defend.
So I accept admonition where admonition is due, but I think we're a
little bit reluctant to say there's not a bipartisan opportunity when
part of being bipartisan is making sure that we show up for that
opportunity.
With that, I urge a ``no'' vote on the substitute and a ``yes'' vote
on the underlying bill.
Mr. TIERNEY. Mr. Chair, I reserve the balance of my time.
Mr. KLINE. Mr. Chairman, can I inquire: The gentleman from
Massachusetts has no other speakers and has the right to close?
The Acting CHAIR. The gentleman from Minnesota has the right to
close.
Mr. KLINE. I reserve the balance of my time.
Mr. TIERNEY. Mr. Chairman, I yield myself the balance of the time.
The previous speaker, I don't know if he stayed or left or anything
like that, but he talked about the environment being set. The
environment of this was set in the hyperpartisan nature of the last
session's presentation of the bill similar to this and of a bill this
time giving no right to consult.
Showing up to participate in a so-called markup process where every
vote would have been on a partisan basis and moved on, as it was last
time, is not the issue. The issue is whether or not people reach across
the aisle. As our Republican friend Buck McKeon had indicated, it's the
majority's responsibility to, in fact, do this.
It's one thing to listen; it's another to comprehend. GAO's report,
if one listened to it being read on that, indicated that there were a
number of programs, but only five have been evaluated. It would have
begged for an evaluation that we never had about what we were going to
do with the programs on that. It talked about the fact that some might
have overlapped, but said nothing about programs needing to be
eliminated or terminated or saying that they were duplicative on that.
We needed to determine that.
The underlying bill fails on a number of reasons, as I stated
earlier. The amendment improves that. But again, the best bill would
have been a bill where people sat down, member to member, worked out
their differences, and presented to the American public, and for the
President's signature, a bill that was bipartisan in nature and served
both the employers and the prospective employees.
I yield back the balance of my time.
Mr. KLINE. Mr. Chairman, interesting discussion today about what
constitutes bipartisanship. I would just note, for the record, that
when we attempted to reauthorize the Workforce Investment Act in the
last Congress and we moved it through committee, amendments were
offered by Republicans and Democrats, and amendments offered by
Republicans and Democrats were included. In fact, some of those
Democrat amendments are included in the underlying bill today.
Look, there have been accusations all morning about how the SKILLS
Act is going to stop training for all sorts of people, and we had
various straw men here. It was women and people with disabilities and
all manner of things that we were just going to shut out.
But as the gentleman from Massachusetts said, sometimes it's helpful
to actually read the language. And so in the SKILLS Act, in the
underlying bill, it insists that State and local boards put together a
plan that has a description of how the local area and the State ``will
serve the employment and training needs of dislocated workers
(including displaced homemakers), low-income individuals (including
recipients of public assistance such as the Supplemental Nutrition
Assistance Program), long-term unemployed individuals (including
individuals who have exhausted entitlement to State and Federal
unemployment compensation), English learners, homeless individuals,
individuals training for nontraditional employment, youth (including
out-of-school youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugee and entrants, veterans
(including disabled veterans and homeless veterans), and Native
Americans.''
{time} 1120
It's in the bill. We believe that we have a choice in front of us
today. We brought forth a bill that says we need to address these needs
with this program. It's simple and straightforward, allowing these
people the opportunity to go and directly get the training they need,
to get rid of that confusing maze, to get rid of red tape, and allow
people to get the training they need, including all these people.
What has been proposed by the gentleman from Massachusetts to address
these needs is this program--the current program, minus one, and six
new programs. More complicated, bigger maze, more red tape, harder to
use. It serves these very people poorly.
So I ask my colleagues to vote against the gentleman's amendment and
support the underlying bill, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Tierney).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Recorded Vote
Mr. TIERNEY. Mr. Chair, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 192,
noes 227, not voting 12, as follows:
[Roll No. 73]
AYES--192
Andrews
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maffei
Maloney, Carolyn
Maloney, Sean
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
Young (AK)
NOES--227
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
[[Page H1527]]
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy (CA)
McCaul
McClintock
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (FL)
Young (IN)
NOT VOTING--12
Castor (FL)
Costa
Foster
Gardner
Hanna
Himes
Lynch
Markey
McHenry
Rush
Schakowsky
Smith (WA)
{time} 1153
Messrs. COLE, MURPHY of Pennsylvania, ISSA, GARY G. MILLER of
California and Mrs. BACHMANN changed their vote from ``aye'' to ``no.''
Messrs. BRADY of Pennsylvania, ENYART, SIRES and DOYLE changed their
vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIR. The question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Woodall) having assumed the chair, Mr. Campbell, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 803) to
reform and strengthen the workforce investment system of the Nation to
put Americans back to work and make the United States more competitive
in the 21st century, and, pursuant to House Resolution 113, he reported
the bill back to the House with an amendment adopted in the Committee
of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. GEORGE MILLER of California. Mr. Speaker, I have a motion at the
desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. GEORGE MILLER of California. Yes.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. George Miller of California moves to recommit the bill,
H.R. 803, to the Committee on Education and the Workforce
with instructions to report the same forthwith to the House
with the following amendment:
Insert after section 4 the following:
SEC. 5. PROTECTION OF WAGES AND JOB OPPORTUNITIES FOR
SENIORS, VETERANS, WOMEN, YOUTH, AND
INDIVIDUALS WITH DISABILITIES.
Nothing in this Act or the amendments made by this Act
shall repeal, deny, or weaken the wages, employment
protections, employment or training opportunities, or
educational benefits for the following:
(1) Seniors who receive employment opportunities and wage
protections under the Older Americans Act of 1965 (Public Law
89-73).
(2) Veterans protected under the disabled veterans outreach
program under section 4103(A) and programs under 4104 of
title 38, United States Code.
(3) Women who receive training and other employment
assistance under the Women in Apprenticeship and
Nontraditional Occupations Act.
(4) Youth who receive employment opportunities and wage
protections under Youth Build program, the Youth Conservation
Corps Act, and any other youth training programs under the
Workforce Investment Act of 1998; or
(5) Individuals with disabilities who are provided job
opportunities under the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.).
SEC. 6. MINIMUM WAGE INCREASES.
(a) Minimum Wage.--
(1) In general.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $8.20 an hour, beginning on the first day of the
third month that begins after the date of enactment of the
SKILLS Act;
``(B) $9.15 an hour, beginning 1 year after that first day;
``(C) $10.10 an hour, beginning 2 years after that first
day; and
``(D) beginning on the date that is 3 years after that
first day, and annually thereafter, the amount determined by
the Secretary pursuant to subsection (h);''.
(2) Determination based on increase in the consumer price
index.--Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206) is amended by adding at the end the following:
``(h)(1) Each year, by not later than the date that is 90
days before a new minimum wage determined under subsection
(a)(1)(D) is to take effect, the Secretary shall determine
the minimum wage to be in effect pursuant to this subsection
for the subsequent 1-year period. The wage determined
pursuant to this subsection for a year shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase in the Consumer Price Index for Urban Wage Earners
and Clerical Workers (United States city average, all items,
not seasonally adjusted), or its successor publication, as
determined by the Bureau of Labor Statistics; and
``(C) rounded to the nearest multiple of $0.05.
``(2) In calculating the annual percentage increase in the
Consumer Price Index for purposes of paragraph (1)(B), the
Secretary shall compare such Consumer Price Index for the
most recent month, quarter, or year available (as selected by
the Secretary prior to the first year for which a minimum
wage is in effect pursuant to this subsection) with the
Consumer Price Index for the same month in the preceding
year, the same quarter in the preceding year, or the
preceding year, respectively.''.
(b) Base Minimum Wage for Tipped Employees.--Section
3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(m)(1)) is amended to read as follows:
``(1) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(A) for the 1-year period beginning on the first day of
the third month that begins after the date of enactment of
the SKILLS Act, $3.00 an hour;
``(B) for each succeeding 1-year period until the hourly
wage under this paragraph equals 70 percent of the wage in
effect under section 6(a)(1) for such period, an hourly wage
equal to the amount determined under this paragraph for the
preceding year, increased by the lesser of--
``(i) $0.95; or
``(ii) the amount necessary for the wage in effect under
this paragraph to equal 70 percent of the wage in effect
under section 6(a)(1) for such period, rounded to the nearest
multiple of $0.05; and
``(C) for each succeeding 1-year period after the year in
which the hourly wage under this paragraph first equals 70
percent of the wage in effect under section 6(a)(1) for the
same period, the amount necessary to ensure that the wage in
effect under this paragraph remains equal to 70 percent of
the wage in effect under section 6(a)(1), rounded to the
nearest multiple of $0.05; and''.
[[Page H1528]]
(c) Publication of Notice.--Section 6 of the Fair Labor
Standards Act of 1938 (as amended by subsection (a)) (29
U.S.C. 206) is further amended by adding at the end the
following:
``(i) Not later than 60 days prior to the effective date of
any increase in the minimum wage determined under subsection
(h) or required for tipped employees in accordance with
subparagraph (B) or (C) of section 3(m)(1), as amended by the
SKILLS Act, the Secretary shall publish in the Federal
Register and on the website of the Department of Labor a
notice announcing the adjusted required wage.''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the first day of the third month
that begins after the date of enactment of this Act.
Amend the table of contents in section 2 by inserting after
the item relating to section 4 the following new items:
Sec. 5. Protection of wages and job opportunities for seniors,
veterans, women, youth, and individuals with
disabilities.
Sec. 6. Minimum wage increases.
Mr. GEORGE MILLER of California (during the reading). I ask unanimous
consent to dispense with the reading of the motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
Mr. KLINE. I object.
The SPEAKER pro tempore. Objection is heard.
The Clerk will read.
The Clerk continued to read.
Mr. KLINE (during the reading). I ask unanimous consent to dispense
with the reading.
The SPEAKER pro tempore (Mr. Campbell). Is there objection to the
request of the gentleman from California?
There was no objection.
The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes in support of his motion.
{time} 1200
Mr. GEORGE MILLER of California. Mr. Speaker, last week, I met a
young man named Gregory Reynoso. He lives in Brooklyn. He is married,
and they have a little girl who will soon turn 3 years old. He is a
pizza delivery man. He makes $7.25 an hour, but he can't make ends
meet. As Gregory told me, if he pays one bill, he can't pay another.
He told me: I'm delivering food to other people all day, but
sometimes I need food stamps so my family can eat.
When I look at the bill before us, I think of Gregory and a million
other hardworking Americans like him. The bill before us is not for
him. He's low-income. Under this bill, he loses his priority of service
even if he wanted to train to try to get new skills for a better job
with better wages to provide for his family. With this bill, he
wouldn't be able to. With this bill, we shouldn't ask what it does for
people like Gregory but what it does to them.
Under the Foxx bill, seniors and youth no longer have wage
protections. Low-income workers no longer get priority of service. The
voices of labor and community colleges are squeezed off the Workforce
Investment Boards, and the poor and disadvantaged get the shaft.
We propose this motion to do something different so that, no matter
what happens with the adoption of the Foxx bill, the poor will get a
better shot at better jobs, and those who are working in low-wage jobs
will get a decent wage. This amendment raises the Federal minimum wage
to $10.10 an hour. It indexes it to inflation, and gives tipped workers
a raise for the first time in 20 years. For the first time in 20 years,
they will get a shot at a raise and a decent wage for the work that
they do in waiting on other people.
Without an increase in years, the working poor have been falling
further and further behind. While corporate profits soar, while the Dow
breaks new records, and while the CEOs take home 380 times the wages of
average workers, the lowest paid workers are falling behind. If we vote
to raise the minimum wage, we pump more than $32 billion into the
economy, money into working people's pockets, money into Main Street
small businesses, money spent locally, money that generates demand, and
demand that generates jobs.
A minimum wage increase pays for itself. Some businesses might have
to pay higher wages, but they'll see higher revenues thanks to higher
demand. The number one complaint from small businesses, according to
Steve Case, the founder of AOL, is that there are not enough customers
on Main Street because they're not earning enough money. They can't
spend on Main Street because they're not earning enough money. That's
why business owners are coming out for the raise--large businesses,
like the CEO of Costco--encouraging and supporting the minimum wage;
small businesses, like the restaurant owner Andy Shallal who came out
for the minimum wage; and business leaders like the CEO of the U.S.
Women's Chamber of Commerce. In 2005, the chairman of the board of
Walmart came out for the minimum wage because, like today, their
customers don't have enough money to buy the necessities of life. So
think what this means if they can have an increase in the minimum wage.
Think what this means to those individuals.
Over two-thirds of the people in this country support an increase to
the minimum wage. A majority of self-identified Republicans support an
increase in the minimum wage. We must understand that this is a pay
raise for 30 million Americans. Half of those workers are women in this
country; 88 percent of those workers are at least 20 years of age; and
17 million children will live in families that will get an increase in
the wages and the incomes to those families.
These hardworking Americans have suffered enough in the Great
Recession. Enough of the attacks on Medicare, Head Start, and now job
training. Let's do something different this time. Let's do something
that's right. Let's reward work for people who go to work every day in
very difficult jobs, in sometimes very dirty jobs, in sometimes very
demeaning jobs. They work every day, and they go home poor. At the end
of the year, they end up poor. They work 52 weeks--they end up poor.
They work in tough jobs--they end up poor.
Now is your opportunity to reward work to provide them. Let's help
these individuals. Let's help these families. Let's raise the minimum
wage. It's time for $10.10 an hour. Vote ``yes'' on the final passage--
the vote for the minimum wage--and protect seniors, protect veterans,
protect low-income workers.
I yield back the balance of my time.
Announcements by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair would ask Members not to cross the
well when another Member is under recognition.
The Chair will remind all persons in the gallery that they are here
as guests of the House and that any manifestation of approval or
disapproval of proceedings is in violation of the rules of the House.
Mr. KLINE. Mr. Speaker, I seek time in opposition to the motion.
The SPEAKER pro tempore. Is the gentleman opposed to the motion?
Mr. KLINE. I am.
The SPEAKER pro tempore. The gentleman from Minnesota is recognized
for 5 minutes.
Mr. KLINE. Mr. Speaker, I always appreciate the passion of my friend
and colleague, the ranking member on the Education and the Workforce
Committee, on this and on so many issues.
It's no doubt personal incomes have been flat in recent years and
unemployment remains high: 12 million Americans unemployed, some 22
million Americans underemployed. Unemployment among youth is
extraordinarily high. People are trying to get into the workforce, and
they can't get in. We need jobs out there.
The best approach right now is to get Federal spending under control
and government out of the way of the Nation's job creators. Republicans
are always willing to discuss responsible proposals that will promote
economic growth and help people get to work. Since the motion to
recommit would force this committee to advance a proposal that may hurt
workers and job creators and increase unemployment, I urge my
colleagues to vote ``no'' on the motion and ``yes'' on the underlying
bill.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
[[Page H1529]]
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 5-minute vote on the motion to recommit will be followed by 5-
minute votes on passage of the bill, if ordered; and approval of the
Journal, if ordered.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 184,
nays 233, not voting 14, as follows:
[Roll No. 74]
YEAS--184
Andrews
Barber
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maffei
Maloney, Carolyn
Maloney, Sean
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schiff
Schneider
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NAYS--233
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
Matheson
McCarthy (CA)
McCaul
McClintock
McIntyre
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--14
Castor (FL)
Chaffetz
Costa
Dingell
Foster
Gardner
Hanna
Himes
Lynch
Markey
McHenry
Rush
Schakowsky
Smith (WA)
{time} 1216
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. CHAFFETZ. Mr. Speaker, on rollcall No. 74 I was unavoidably
detained. Had I been present, I would have voted ``nay.''
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 215,
nays 202, not voting 15, as follows:
[Roll No. 75]
YEAS--215
Aderholt
Alexander
Amodei
Bachmann
Bachus
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Boehner
Bonner
Boustany
Brady (TX)
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
Long
Lucas
Lummis
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McKeon
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NAYS--202
Amash
Andrews
Barber
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Bridenstine
Broun (GA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cook
Cooper
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
[[Page H1530]]
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gibson
Grayson
Green, Al
Green, Gene
Grijalva
Grimm
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maffei
Maloney, Carolyn
Maloney, Sean
Massie
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinley
McNerney
Meeks
Meng
Michaud
Miller, Gary
Miller, George
Moore
Moran
Murphy (FL)
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Runyan
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Turner
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--15
Castor (FL)
Costa
Foster
Gardner
Hanna
Himes
Joyce
Luetkemeyer
Lynch
Markey
McHenry
Nadler
Rush
Schakowsky
Smith (WA)
{time} 1224
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. JOYCE. Mr. Speaker, on rollcall No. 75, had I been present, I
would have voted ``nay.''
Personal Explanation
Mr. GARDNER. Mr. Speaker, I was absent for the following votes due to
a family funeral. Had I been present, I would have voted as follows:
Yes: Previous question
Yes: Adoption of the rule for H.R. 803 the SKILLS Act
No: Approval of the Journal
No: Tierney Substitute Amendment
No: Democrat Motion to Recommit
Yes: H.R. 803--Support Knowledge and Investing in Lifelong Skills
(SKILLS) Act
Personal Explanation
Mr. HIMES. Mr. Speaker, on March 15, I was unable to be present for a
series of votes. Had I been present for rollcall vote 73 on H.R. 803, I
would have voted ``yea.'' Had I been present for rollcall vote 74 on
H.R. 803, I would have voted ``yea.'' Had I been present for rollcall
vote 75 on final passage of H.R. 803, I would have voted ``nay.''
____________________