[Congressional Record Volume 160, Number 106 (Wednesday, July 9, 2014)]
[House]
[Pages H5887-H5971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORTING KNOWLEDGE AND INVESTING IN LIFELONG SKILLS ACT
Mr. KLINE. Madam Speaker, I move to suspend the rules and concur in
the Senate amendments to 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.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
Senate amendments:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
Chapter 1--State Provisions
Sec. 101. State workforce development boards.
Sec. 102. Unified State plan.
Sec. 103. Combined State plan.
Chapter 2--Local Provisions
Sec. 106. Workforce development areas.
Sec. 107. Local workforce development boards.
Sec. 108. Local plan.
Chapter 3--Board Provisions
Sec. 111. Funding of State and local boards.
Chapter 4--Performance Accountability
Sec. 116. Performance accountability system.
Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 126. General authorization.
Sec. 127. State allotments.
Sec. 128. Within State allocations.
Sec. 129. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 131. General authorization.
Sec. 132. State allotments.
Sec. 133. Within State allocations.
Sec. 134. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 136. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 141. Purposes.
Sec. 142. Definitions.
Sec. 143. Establishment.
Sec. 144. Individuals eligible for the Job Corps.
Sec. 145. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 146. Enrollment.
Sec. 147. Job Corps centers.
Sec. 148. Program activities.
Sec. 149. Counseling and job placement.
Sec. 150. Support.
Sec. 151. Operations.
Sec. 152. Standards of conduct.
Sec. 153. Community participation.
Sec. 154. Workforce councils.
Sec. 155. Advisory committees.
Sec. 156. Experimental projects and technical assistance.
Sec. 157. Application of provisions of Federal law.
Sec. 158. Special provisions.
Sec. 159. Management information.
Sec. 160. General provisions.
Sec. 161. Job Corps oversight and reporting.
Sec. 162. Authorization of appropriations.
Subtitle D--National Programs
Sec. 166. Native American programs.
Sec. 167. Migrant and seasonal farmworker programs.
Sec. 168. Technical assistance.
Sec. 169. Evaluations and research.
Sec. 170. National dislocated worker grants.
Sec. 171. YouthBuild program.
Sec. 172. Authorization of appropriations.
Subtitle E--Administration
Sec. 181. Requirements and restrictions.
Sec. 182. Prompt allocation of funds.
Sec. 183. Monitoring.
Sec. 184. Fiscal controls; sanctions.
Sec. 185. Reports; recordkeeping; investigations.
Sec. 186. Administrative adjudication.
Sec. 187. Judicial review.
Sec. 188. Nondiscrimination.
Sec. 189. Secretarial administrative authorities and responsibilities.
Sec. 190. Workforce flexibility plans.
Sec. 191. State legislative authority.
Sec. 192. Transfer of Federal equity in State employment security
agency real property to the States.
Sec. 193. Continuation of State activities and policies.
Sec. 194. General program requirements.
Sec. 195. Restrictions on lobbying activities.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Home schools.
Sec. 205. Rule of construction regarding postsecondary transition and
concurrent enrollment activities.
Sec. 206. Authorization of appropriations.
Subtitle A--Federal Provisions
Sec. 211. Reservation of funds; grants to eligible agencies;
allotments.
Sec. 212. Performance accountability system.
Subtitle B--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; matching requirement.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other
institutionalized individuals.
Subtitle C--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Subtitle D--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. National leadership activities.
Sec. 243. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance measures.
Sec. 308. Workforce and labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation and information.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Evaluation standards and performance indicators.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Payments to States.
Sec. 421. Client assistance program.
Sec. 422. Pre-employment transition services.
Sec. 423. American Indian vocational rehabilitation services.
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Sec. 424. Vocational rehabilitation services client information.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability, Independent Living, and
Rehabilitation Research.
Sec. 434. Interagency committee.
Sec. 435. Research and other covered activities.
Sec. 436. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Purpose; training.
Sec. 442. Demonstration, training, and technical assistance programs.
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Establishment.
Sec. 452. Report.
Sec. 453. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Interagency Committee, Board, and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Limitations on use of subminimum wage.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Employment opportunities for individuals with disabilities.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals With Significant Disabilities
subchapter a--general provisions
Sec. 471. Purpose.
Sec. 472. Administration of the independent living program.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 475A. Responsibilities of the Administrator.
subchapter b--independent living services
Sec. 476. Administration.
subchapter c--centers for independent living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 2--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--General Provisions
Sec. 491. Transfer of functions regarding independent living to
Department of Health and Human Services, and savings
provisions.
Sec. 492. Table of contents.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
Sec. 501. Privacy.
Sec. 502. Buy-American requirements.
Sec. 503. Transition provisions.
Sec. 504. Reduction of reporting burdens and requirements.
Sec. 505. Report on data capability of Federal and State databases and
data exchange agreements.
Sec. 506. Effective dates.
Subtitle B--Amendments to Other Laws
Sec. 511. Repeal of the Workforce Investment Act of 1998.
Sec. 512. Conforming amendments.
Sec. 513. References.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment,
access to and opportunities for the employment, education,
training, and support services they need to succeed in the
labor market.
(2) To support the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce
development system in the United States.
(3) To improve the quality and labor market relevance of
workforce investment, education, and economic development
efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment
with family-sustaining wages and to provide America's
employers with the skilled workers the employers need to
succeed in a global economy.
(4) To promote improvement in the structure of and delivery
of services through the United States workforce development
system to better address the employment and skill needs of
workers, jobseekers, and employers.
(5) To increase the prosperity of workers and employers in
the United States, the economic growth of communities,
regions, and States, and the global competitiveness of the
United States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase
attainment of recognized postsecondary credentials by
participants, and as a result, improve the quality of the
workforce, reduce welfare dependency, increase economic self-
sufficiency, meet the skill requirements of employers, and
enhance the productivity and competitiveness of the Nation.
SEC. 3. DEFINITIONS.
In this Act, and the core program provisions that are not
in this Act, except as otherwise expressly provided:
(1) Administrative costs.--The term ``administrative
costs'' means expenditures incurred by State boards and local
boards, direct recipients (including State grant recipients
under subtitle B of title I and recipients of awards under
subtitles C and D of title I), local grant recipients, local
fiscal agents or local grant subrecipients, and one-stop
operators in the performance of administrative functions and
in carrying out activities under title I that are not related
to the direct provision of workforce investment services
(including services to participants and employers). Such
costs include both personnel and nonpersonnel costs and both
direct and indirect costs.
(2) Adult.--Except as otherwise specified in section 132,
the term ``adult'' means an individual who is age 18 or
older.
(3) Adult education; adult education and literacy
activities.--The terms ``adult education'' and ``adult
education and literacy activities'' have the meanings given
the terms in section 203.
(4) Area career and technical education school.--The term
``area career and technical education school'' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Basic skills deficient.--The term ``basic skills
deficient'' means, with respect to an individual--
(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the 8th
grade level on a generally accepted standardized test; or
(B) who is a youth or adult, that the individual is unable
to compute or solve problems, or read, write, or speak
English, at a level necessary to function on the job, in the
individual's family, or in society.
(6) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
(7) Career pathway.--The term ``career pathway'' means a
combination of rigorous and high-quality education, training,
and other services that--
(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
(B) prepares an individual to be successful in any of a
full range of secondary or postsecondary education options,
including apprenticeships registered under the Act of August
16, 1937 (commonly known as the ``National Apprenticeship
Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)
(referred to individually in this Act as an
``apprenticeship'', except in section 171);
(C) includes counseling to support an individual in
achieving the individual's education and career goals;
(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific occupation
or occupational cluster;
(E) organizes education, training, and other services to
meet the particular needs of an individual in a manner that
accelerates the educational and career advancement of the
individual to the extent practicable;
(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1
recognized postsecondary credential; and
(G) helps an individual enter or advance within a specific
occupation or occupational cluster.
(8) Career planning.--The term ``career planning'' means
the provision of a client-centered approach in the delivery
of services, designed--
(A) to prepare and coordinate comprehensive employment
plans, such as service strategies, for participants to ensure
access to necessary workforce investment activities and
supportive services, using, where feasible, computer-based
technologies; and
(B) to provide job, education, and career counseling, as
appropriate during program participation and after job
placement.
(9) Chief elected official.--The term ``chief elected
official'' means--
(A) the chief elected executive officer of a unit of
general local government in a local area; and
(B) in a case in which a local area includes more than 1
unit of general local government, the individuals designated
under the agreement described in section 107(c)(1)(B).
(10) Community-based organization.--The term ``community-
based organization'' means a private nonprofit organization
(which may include a faith-based organization), that is
representative of a community or a significant segment of a
community and that has demonstrated expertise and
effectiveness in the field of workforce development.
(11) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given
the term in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705), for individuals with disabilities.
(12) Core program.--The term ``core programs'' means a
program authorized under a core program provision.
(13) Core program provision.--The term ``core program
provision'' means--
(A) chapters 2 and 3 of subtitle B of title I (relating to
youth workforce investment activities and adult and
dislocated worker employment and training activities);
(B) title II (relating to adult education and literacy
activities);
[[Page H5889]]
(C) sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) (relating to employment services); and
(D) title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that title
(29 U.S.C. 732, 741) (relating to vocational rehabilitation
services).
(14) Customized training.--The term ``customized training''
means training--
(A) that is designed to meet the specific requirements of
an employer (including a group of employers);
(B) that is conducted with a commitment by the employer to
employ an individual upon successful completion of the
training; and
(C) for which the employer pays--
(i) a significant portion of the cost of training, as
determined by the local board involved, taking into account
the size of the employer and such other factors as the local
board determines to be appropriate, which may include the
number of employees participating in training, wage and
benefit levels of those employees (at present and anticipated
upon completion of the training), relation of the training to
the competitiveness of a participant, and other employer-
provided training and advancement opportunities; and
(ii) in the case of customized training (as defined in
subparagraphs (A) and (B)) involving an employer located in
multiple local areas in the State, a significant portion of
the cost of the training, as determined by the Governor of
the State, taking into account the size of the employer and
such other factors as the Governor determines to be
appropriate.
(15) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has received
a notice of termination or layoff, from employment;
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop center
referred to in section 121(e), attachment to the workforce,
but is not eligible for unemployment compensation due to
insufficient earnings or having performed services for an
employer that were not covered under a State unemployment
compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result
of any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services other
than training services described in section 134(c)(3), career
services described in section 134(c)(2)(A)(xii), or
supportive services, is employed at a facility at which the
employer has made a general announcement that such facility
will close;
(C) was self-employed (including employment as a farmer, a
rancher, or a fisherman) but is unemployed as a result of
general economic conditions in the community in which the
individual resides or because of natural disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed Forces on
active duty (as defined in section 101(d)(1) of title 10,
United States Code), and who has experienced a loss of
employment as a direct result of relocation to accommodate a
permanent change in duty station of such member; or
(ii) is the spouse of a member of the Armed Forces on
active duty and who meets the criteria described in paragraph
(16)(B).
(16) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A)(i) has been dependent on the income of another family
member but is no longer supported by that income; or
(ii) is the dependent spouse of a member of the Armed
Forces on active duty (as defined in section 101(d)(1) of
title 10, United States Code) and whose family income is
significantly reduced because of a deployment (as defined in
section 991(b) of title 10, United States Code, or pursuant
to paragraph (4) of such section), a call or order to active
duty pursuant to a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code, a permanent
change of station, or the service-connected (as defined in
section 101(16) of title 38, United States Code) death or
disability of the member; and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(17) Economic development agency.--The term ``economic
development agency'' includes a local planning or zoning
commission or board, a community development agency, or
another local agency or institution responsible for
regulating, promoting, or assisting in local economic
development.
(18) Eligible youth.--Except as provided in subtitles C and
D of title I, the term ``eligible youth'' means an in-school
youth or out-of-school youth.
(19) Employment and training activity.--The term
``employment and training activity'' means an activity
described in section 134 that is carried out for an adult or
dislocated worker.
(20) English language acquisition program.--The term
``English language acquisition program'' has the meaning
given the term in section 203.
(21) English language learner.--The term ``English language
learner'' has the meaning given the term in section 203.
(22) Governor.--The term ``Governor'' means the chief
executive of a State or an outlying area.
(23) In-demand industry sector or occupation.--
(A) In general.--The term ``in-demand industry sector or
occupation'' means--
(i) an industry sector that has a substantial current or
potential impact (including through jobs that lead to
economic self-sufficiency and opportunities for advancement)
on the State, regional, or local economy, as appropriate, and
that contributes to the growth or stability of other
supporting businesses, or the growth of other industry
sectors; or
(ii) an occupation that currently has or is projected to
have a number of positions (including positions that lead to
economic self-sufficiency and opportunities for advancement)
in an industry sector so as to have a significant impact on
the State, regional, or local economy, as appropriate.
(B) Determination.--The determination of whether an
industry sector or occupation is in-demand under this
paragraph shall be made by the State board or local board, as
appropriate, using State and regional business and labor
market projections, including the use of labor market
information.
(24) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' means a member of
1 or more of the following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native Hawaiians, as such
terms are defined in section 166.
(D) Individuals with disabilities, including youth who are
individuals with disabilities.
(E) Older individuals.
(F) Ex-offenders.
(G) Homeless individuals (as defined in section 41403(6) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))), or homeless children and youths (as defined in
section 725(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the foster care
system.
(I) Individuals who are English language learners,
individuals who have low levels of literacy, and individuals
facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as defined
in section 167(i).
(K) Individuals within 2 years of exhausting lifetime
eligibility under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved determines
to have barriers to employment.
(25) Individual with a disability.--
(A) In general.--The term ``individual with a disability''
means an individual with a disability as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102).
(B) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(26) Industry or sector partnership.--The term ``industry
or sector partnership'' means a workforce collaborative,
convened by or acting in partnership with a State board or
local board, that--
(A) organizes key stakeholders in an industry cluster into
a working group that focuses on the shared goals and human
resources needs of the industry cluster and that includes, at
the appropriate stage of development of the partnership--
(i) representatives of multiple businesses or other
employers in the industry cluster, including small and
medium-sized employers when practicable;
(ii) 1 or more representatives of a recognized State labor
organization or central labor council, or another labor
representative, as appropriate; and
(iii) 1 or more representatives of an institution of higher
education with, or another provider of, education or training
programs that support the industry cluster; and
(B) may include representatives of--
(i) State or local government;
(ii) State or local economic development agencies;
(iii) State boards or local boards, as appropriate;
(iv) a State workforce agency or other entity providing
employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-based
organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as determined to be necessary by
the members comprising the industry or sector partnership.
(27) In-school youth.--The term ``in-school youth'' means a
youth described in section 129(a)(1)(C).
(28) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101, and subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act of 1965 (20 U.S.C.
1001, 1002(a)(1)).
(29) Integrated education and training.--The term
``integrated education and training'' has the meaning given
the term in section 203.
(30) Labor market area.--The term ``labor market area''
means an economically integrated geographic area within which
individuals can reside and find employment within a
reasonable distance or can readily change employment without
changing their place of residence. Such an area shall be
identified in accordance with criteria used by the Bureau of
Labor Statistics of the Department of Labor in defining such
[[Page H5890]]
areas or similar criteria established by a Governor.
(31) Literacy.--The term ``literacy'' has the meaning given
the term in section 203.
(32) Local area.--The term ``local area'' means a local
workforce investment area designated under section 106,
subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and
189(i).
(33) Local board.--The term ``local board'' means a local
workforce development board established under section 107,
subject to section 107(c)(4)(B)(i).
(34) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(35) Local plan.--The term ``local plan'' means a plan
submitted under section 108, subject to section 106(c)(3)(B).
(36) Low-income individual.--
(A) In general.--The term ``low-income individual'' means
an individual who--
(i) receives, or in the past 6 months has received, or is a
member of a family that is receiving or in the past 6 months
has received, assistance through the supplemental nutrition
assistance program established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), the program of block
grants to States for temporary assistance for needy families
program under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), or the supplemental security income
program established under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.), or State or local income-based
public assistance;
(ii) is in a family with total family income that does not
exceed the higher of--
(I) the poverty line; or
(II) 70 percent of the lower living standard income level;
(iii) is a homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42 U.S.C.
14043e-2(6))), or a homeless child or youth (as defined under
section 725(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)));
(iv) receives or is eligible to receive a free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
(v) is a foster child on behalf of whom State or local
government payments are made; or
(vi) is an individual with a disability whose own income
meets the income requirement of clause (ii), but who is a
member of a family whose income does not meet this
requirement.
(B) Lower living standard income level.--The term ``lower
living standard income level'' means that income level
(adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living
family budget issued by the Secretary.
(37) Nontraditional employment.--The term ``nontraditional
employment'' refers to occupations or fields of work, for
which individuals from the gender involved comprise less than
25 percent of the individuals employed in each such
occupation or field of work.
(38) Offender.--The term ``offender'' means an adult or
juvenile--
(A) who is or has been subject to any stage of the criminal
justice process, and for whom services under this Act may be
beneficial; or
(B) who requires assistance in overcoming artificial
barriers to employment resulting from a record of arrest or
conviction.
(39) Older individual.--The term ``older individual'' means
an individual age 55 or older.
(40) One-stop center.--The term ``one-stop center'' means a
site described in section 121(e)(2).
(41) One-stop operator.--The term ``one-stop operator''
means 1 or more entities designated or certified under
section 121(d).
(42) One-stop partner.--The term ``one-stop partner''
means--
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that is
participating, with the approval of the local board and chief
elected official, in the operation of a one-stop delivery
system.
(43) One-stop partner program.--The term ``one-stop partner
program'' means a program or activities described in section
121(b) of a one-stop partner.
(44) On-the-job training.--The term ``on-the-job training''
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that--
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) is made available through a program that provides
reimbursement to the employer of up to 50 percent of the wage
rate of the participant, except as provided in section
134(c)(3)(H), for the extraordinary costs of providing the
training and additional supervision related to the training;
and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained, taking into
account the content of the training, the prior work
experience of the participant, and the service strategy of
the participant, as appropriate.
(45) Outlying area.--The term ``outlying area'' means--
(A) American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands; and
(B) the Republic of Palau, except during any period for
which the Secretary of Labor and the Secretary of Education
determine that a Compact of Free Association is in effect and
contains provisions for training and education assistance
prohibiting the assistance provided under this Act.
(46) Out-of-school youth.--The term ``out-of-school youth''
means a youth described in section 129(a)(1)(B).
(47) Pay-for-performance contract strategy.--The term
``pay-for-performance contract strategy'' means a procurement
strategy that uses pay-for-performance contracts in the
provision of training services described in section 134(c)(3)
or activities described in section 129(c)(2), and includes--
(A) contracts, each of which shall specify a fixed amount
that will be paid to an eligible service provider (which may
include a local or national community-based organization or
intermediary, community college, or other training provider,
that is eligible under section 122 or 123, as appropriate)
based on the achievement of specified levels of performance
on the primary indicators of performance described in section
116(b)(2)(A) for target populations as identified by the
local board (including individuals with barriers to
employment), within a defined timetable, and which may
provide for bonus payments to such service provider to expand
capacity to provide effective training;
(B) a strategy for independently validating the achievement
of the performance described in subparagraph (A); and
(C) a description of how the State or local area will
reallocate funds not paid to a provider because the
achievement of the performance described in subparagraph (A)
did not occur, for further activities related to such a
procurement strategy, subject to section 189(g)(4).
(48) Planning region.--The term ``planning region'' means a
region described in subparagraph (B) or (C) of section
106(a)(2), subject to section 107(c)(4)(B)(i).
(49) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(50) Public assistance.--The term ``public assistance''
means Federal, State, or local government cash payments for
which eligibility is determined by a needs or income test.
(51) Rapid response activity.--The term ``rapid response
activity'' means an activity provided by a State, or by an
entity designated by a State, with funds provided by the
State under section 134(a)(1)(A), in the case of a permanent
closure or mass layoff at a plant, facility, or enterprise,
or a natural or other disaster, that results in mass job
dislocation, in order to assist dislocated workers in
obtaining reemployment as soon as possible, with services
including--
(A) the establishment of onsite contact with employers and
employee representatives--
(i) immediately after the State is notified of a current or
projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the State
is made aware of mass job dislocation as a result of such
disaster;
(B) the provision of information on and access to available
employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
(52) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized certificate or
certification, a certificate of completion of an
apprenticeship, a license recognized by the State involved or
Federal Government, or an associate or baccalaureate degree.
(53) Region.--The term ``region'', used without further
description, means a region identified under section 106(a),
subject to section 107(c)(4)(B)(i) and except as provided in
section 106(b)(1)(B)(ii).
(54) School dropout.--The term ``school dropout'' means an
individual who is no longer attending any school and who has
not received a secondary school diploma or its recognized
equivalent.
(55) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(56) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(57) State board.--The term ``State board'' means a State
workforce development board established under section 101.
(58) State plan.--The term ``State plan'', used without
further description, means a unified State plan under section
102 or a combined State plan under section 103.
(59) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary
to enable an individual to participate in activities
authorized under this Act.
(60) Training services.--The term ``training services''
means services described in section 134(c)(3).
(61) Unemployed individual.--The term ``unemployed
individual'' means an individual who is without a job and who
wants and is available for work. The determination of whether
an individual is without a job, for purposes of this
paragraph, shall be made in accordance with the criteria used
by the Bureau of Labor Statistics of the Department of Labor
in defining individuals as unemployed.
(62) Unit of general local government.--The term ``unit of
general local government''
[[Page H5891]]
means any general purpose political subdivision of a State
that has the power to levy taxes and spend funds, as well as
general corporate and police powers.
(63) Veteran; related definition.--
(A) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(B) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under this Act within 48 months after the
discharge or release from active military, naval, or air
service.
(64) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
authorized under a provision covered under paragraph (13)(D).
(65) Workforce development activity.--The term ``workforce
development activity'' means an activity carried out through
a workforce development program.
(66) Workforce development program.--The term ``workforce
development program'' means a program made available through
a workforce development system.
(67) Workforce development system.--The term ``workforce
development system'' means a system that makes available the
core programs, the other one-stop partner programs, and any
other programs providing employment and training services as
identified by a State board or local board.
(68) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training
activity, and a youth workforce investment activity.
(69) Workforce preparation activities.--The term
``workforce preparation activities'' has the meaning given
the term in section 203.
(70) Workplace learning advisor.--The term ``workplace
learning advisor'' means an individual employed by an
organization who has the knowledge and skills necessary to
advise other employees of that organization about the
education, skill development, job training, career counseling
services, and credentials, including services provided
through the workforce development system, required to
progress toward career goals of such employees in order to
meet employer requirements related to job openings and career
advancements that support economic self-sufficiency.
(71) Youth workforce investment activity.--The term ``youth
workforce investment activity'' means an activity described
in section 129 that is carried out for eligible youth (or as
described in section 129(a)(3)(A)).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) In General.--The Governor of a State shall establish a
State workforce development board to carry out the functions
described in subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State legislature (to
the extent consistent with State law), appointed by the
appropriate presiding officers of such chamber; and
(C) members appointed by the Governor, of which--
(i) a majority shall be representatives of businesses in
the State, who--
(I) are owners of businesses, chief executives or operating
officers of businesses, or other business executives or
employers with optimum policymaking or hiring authority, and
who, in addition, may be members of a local board described
in section 107(b)(2)(A)(i);
(II) represent businesses (including small businesses), or
organizations representing businesses described in this
subclause, that provide employment opportunities that, at a
minimum, include high-quality, work-relevant training and
development in in-demand industry sectors or occupations in
the State; and
(III) are appointed from among individuals nominated by
State business organizations and business trade associations;
(ii) not less than 20 percent shall be representatives of
the workforce within the State, who--
(I) shall include representatives of labor organizations,
who have been nominated by State labor federations;
(II) shall include a representative, who shall be a member
of a labor organization or a training director, from a joint
labor-management apprenticeship program, or if no such joint
program exists in the State, such a representative of an
apprenticeship program in the State;
(III) may include representatives of community-based
organizations that have demonstrated experience and expertise
in addressing the employment, training, or education needs of
individuals with barriers to employment, including
organizations that serve veterans or that provide or support
competitive, integrated employment for individuals with
disabilities; and
(IV) may include representatives of organizations that have
demonstrated experience and expertise in addressing the
employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-
school youth; and
(iii) the balance--
(I) shall include representatives of government, who--
(aa) shall include the lead State officials with primary
responsibility for the core programs; and
(bb) shall include chief elected officials (collectively
representing both cities and counties, where appropriate);
and
(II) may include such other representatives and officials
as the Governor may designate, such as--
(aa) the State agency officials from agencies that are one-
stop partners not specified in subclause (I) (including
additional one-stop partners whose programs are covered by
the State plan, if any);
(bb) State agency officials responsible for economic
development or juvenile justice programs in the State;
(cc) individuals who represent an Indian tribe or tribal
organization, as such terms are defined in section 166(b);
and
(dd) State agency officials responsible for education
programs in the State, including chief executive officers of
community colleges and other institutions of higher
education.
(2) Diverse and distinct representation.--The members of
the State board shall represent diverse geographic areas of
the State, including urban, rural, and suburban areas.
(3) No representation of multiple categories.--No person
shall serve as a member for more than 1 of--
(A) the category described in paragraph (1)(C)(i); or
(B) 1 category described in a subclause of clause (ii) or
(iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson
for the State board from among the representatives described
in subsection (b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor
in--
(1) the development, implementation, and modification of
the State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on
actions that should be taken by the State to align workforce
development programs in the State in a manner that supports a
comprehensive and streamlined workforce development system in
the State, including the review and provision of comments on
the State plans, if any, for programs and activities of one-
stop partners that are not core programs;
(3) the development and continuous improvement of the
workforce development system in the State, including--
(A) the identification of barriers and means for removing
barriers to better coordinate, align, and avoid duplication
among the programs and activities carried out through the
system;
(B) the development of strategies to support the use of
career pathways for the purpose of providing individuals,
including low-skilled adults, youth, and individuals with
barriers to employment (including individuals with
disabilities), with workforce investment activities,
education, and supportive services to enter or retain
employment;
(C) the development of strategies for providing effective
outreach to and improved access for individuals and employers
who could benefit from services provided through the
workforce development system;
(D) the development and expansion of strategies for meeting
the needs of employers, workers, and jobseekers, particularly
through industry or sector partnerships related to in-demand
industry sectors and occupations;
(E) the identification of regions, including planning
regions, for the purposes of section 106(a), and the
designation of local areas under section 106, after
consultation with local boards and chief elected officials;
(F) the development and continuous improvement of the one-
stop delivery system in local areas, including providing
assistance to local boards, one-stop operators, one-stop
partners, and providers with planning and delivering
services, including training services and supportive
services, to support effective delivery of services to
workers, jobseekers, and employers; and
(G) the development of strategies to support staff training
and awareness across programs supported under the workforce
development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the
core programs in the State as required under section 116(b);
(5) the identification and dissemination of information on
best practices, including best practices for--
(A) the effective operation of one-stop centers, relating
to the use of business outreach, partnerships, and service
delivery strategies, including strategies for serving
individuals with barriers to employment;
(B) the development of effective local boards, which may
include information on factors that contribute to enabling
local boards to exceed negotiated local levels of
performance, sustain fiscal integrity, and achieve other
measures of effectiveness; and
(C) effective training programs that respond to real-time
labor market analysis, that effectively use direct assessment
and prior learning assessment to measure an individual's
prior knowledge, skills, competencies, and experiences, and
that evaluate such skills, and competencies for adaptability,
to support efficient placement into employment or career
pathways;
(6) the development and review of statewide policies
affecting the coordinated provision of services through the
State's one-stop delivery system described in section 121(e),
including the development of--
(A) objective criteria and procedures for use by local
boards in assessing the effectiveness and continuous
improvement of one-stop centers described in such section;
(B) guidance for the allocation of one-stop center
infrastructure funds under section 121(h); and
(C) policies relating to the appropriate roles and
contributions of entities carrying out one-stop partner
programs within the one-stop delivery system, including
approaches to facilitating
[[Page H5892]]
equitable and efficient cost allocation in such system;
(7) the development of strategies for technological
improvements to facilitate access to, and improve the quality
of, services and activities provided through the one-stop
delivery system, including such improvements to--
(A) enhance digital literacy skills (as defined in section
202 of the Museum and Library Services Act (20 U.S.C. 9101);
referred to in this Act as ``digital literacy skills'');
(B) accelerate the acquisition of skills and recognized
postsecondary credentials by participants;
(C) strengthen the professional development of providers
and workforce professionals; and
(D) ensure such technology is accessible to individuals
with disabilities and individuals residing in remote areas;
(8) the development of strategies for aligning technology
and data systems across one-stop partner programs to enhance
service delivery and improve efficiencies in reporting on
performance accountability measures (including the design and
implementation of common intake, data collection, case
management information, and performance accountability
measurement and reporting processes and the incorporation of
local input into such design and implementation, to improve
coordination of services across one-stop partner programs);
(9) the development of allocation formulas for the
distribution of funds for employment and training activities
for adults, and youth workforce investment activities, to
local areas as permitted under sections 128(b)(3) and
133(b)(3);
(10) the preparation of the annual reports described in
paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) Alternative Entity.--
(1) In general.--For the purposes of complying with
subsections (a), (b), and (c), a State may use any State
entity (including a State council, State workforce
development board (within the meaning of the Workforce
Investment Act of 1998, as in effect on the day before the
date of enactment of this Act), combination of regional
workforce development boards, or similar entity) that--
(A) was in existence on the day before the date of
enactment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board described
in subsections (a) through (c); and
(C) includes representatives of business in the State and
representatives of labor organizations in the State.
(2) References.--A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be
considered to include such an entity.
(f) Conflict of Interest.--A member of a State board may
not--
(1) vote on a matter under consideration by the State
board--
(A) regarding the provision of services by such member (or
by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the
State plan.
(g) Sunshine Provision.--The State board shall make
available to the public, on a regular basis through
electronic means and open meetings, information regarding the
activities of the State board, including information
regarding the State plan, or a modification to the State
plan, prior to submission of the plan or modification of the
plan, respectively, information regarding membership, and, on
request, minutes of formal meetings of the State board.
(h) Authority To Hire Staff.--
(1) In general.--The State board may hire a director and
other staff to assist in carrying out the functions described
in subsection (d) using funds available as described in
section 129(b)(3) or 134(a)(3)(B)(i).
(2) Qualifications.--The State board shall establish and
apply a set of objective qualifications for the position of
director, that ensures that the individual selected has the
requisite knowledge, skills, and abilities, to meet
identified benchmarks and to assist in effectively carrying
out the functions of the State board.
(3) Limitation on rate.--The director and staff described
in paragraph (1) shall be subject to the limitations on the
payment of salary and bonuses described in section 194(15).
SEC. 102. UNIFIED STATE PLAN.
(a) Plan.--For a State to be eligible to receive allotments
for the core programs, the Governor shall submit to the
Secretary of Labor for the approval process described under
subsection (c)(2), a unified State plan. The unified State
plan shall outline a 4-year strategy for the core programs of
the State and meet the requirements of this section.
(b) Contents.--
(1) Strategic planning elements.--The unified State plan
shall include strategic planning elements consisting of a
strategic vision and goals for preparing an educated and
skilled workforce, that include--
(A) an analysis of the economic conditions in the State,
including--
(i) existing and emerging in-demand industry sectors and
occupations; and
(ii) the employment needs of employers, including a
description of the knowledge, skills, and abilities, needed
in those industries and occupations;
(B) an analysis of the current workforce, employment and
unemployment data, labor market trends, and the educational
and skill levels of the workforce, including individuals with
barriers to employment (including individuals with
disabilities), in the State;
(C) an analysis of the workforce development activities
(including education and training) in the State, including an
analysis of the strengths and weaknesses of such activities,
and the capacity of State entities to provide such
activities, in order to address the identified education and
skill needs of the workforce and the employment needs of
employers in the State;
(D) a description of the State's strategic vision and goals
for preparing an educated and skilled workforce (including
preparing youth and individuals with barriers to employment)
and for meeting the skilled workforce needs of employers,
including goals relating to performance accountability
measures based on primary indicators of performance described
in section 116(b)(2)(A), in order to support economic growth
and economic self-sufficiency, and of how the State will
assess the overall effectiveness of the workforce investment
system in the State; and
(E) taking into account analyses described in subparagraphs
(A) through (C), a strategy for aligning the core programs,
as well as other resources available to the State, to achieve
the strategic vision and goals described in subparagraph (D).
(2) Operational planning elements.--
(A) In general.--The unified State plan shall include the
operational planning elements contained in this paragraph,
which shall support the strategy described in paragraph
(1)(E), including a description of how the State board will
implement the functions under section 101(d).
(B) Implementation of state strategy.--The unified State
plan shall describe how the lead State agency with
responsibility for the administration of a core program will
implement the strategy described in paragraph (1)(E),
including a description of--
(i) the activities that will be funded by the entities
carrying out the respective core programs to implement the
strategy and how such activities will be aligned across the
programs and among the entities administering the programs,
including using co-enrollment and other strategies;
(ii) how the activities described in clause (i) will be
aligned with activities provided under employment, training,
education, including career and technical education, and
human services programs not covered by the plan, as
appropriate, assuring coordination of, and avoiding
duplication among, the activities referred to in this clause;
(iii) how the entities carrying out the respective core
programs will coordinate activities and provide
comprehensive, high-quality services including supportive
services, to individuals;
(iv) how the State's strategy will engage the State's
community colleges and area career and technical education
schools as partners in the workforce development system and
enable the State to leverage other Federal, State, and local
investments that have enhanced access to workforce
development programs at those institutions;
(v) how the activities described in clause (i) will be
coordinated with economic development strategies and
activities in the State; and
(vi) how the State's strategy will improve access to
activities leading to a recognized postsecondary credential
(including a credential that is an industry-recognized
certificate or certification, portable, and stackable).
(C) State operating systems and policies.--The unified
State plan shall describe the State operating systems and
policies that will support the implementation of the strategy
described in paragraph (1)(E), including a description of--
(i) the State board, including the activities to assist
members of the State board and the staff of such board in
carrying out the functions of the State board effectively
(but funds for such activities may not be used for long-
distance travel expenses for training or development
activities available locally or regionally);
(ii)(I) how the respective core programs will be assessed
each year, including an assessment of the quality,
effectiveness, and improvement of programs (analyzed by local
area, or by provider), based on State performance
accountability measures described in section 116(b); and
(II) how other one-stop partner programs will be assessed
each year;
(iii) the results of an assessment of the effectiveness of
the core programs and other one-stop partner programs during
the preceding 2-year period;
(iv) the methods and factors the State will use in
distributing funds under the core programs, in accordance
with the provisions authorizing such distributions;
(v)(I) how the lead State agencies with responsibility for
the administration of the core programs will align and
integrate available workforce and education data on core
programs, unemployment insurance programs, and education
through postsecondary education;
(II) how such agencies will use the workforce development
system to assess the progress of participants that are
exiting from core programs in entering, persisting in, and
completing postsecondary education, or entering or remaining
in employment; and
(III) the privacy safeguards incorporated in such system,
including safeguards required by section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) and other
applicable Federal laws;
(vi) how the State will implement the priority of service
provisions for veterans in accordance with the requirements
of section 4215 of title 38, United States Code;
[[Page H5893]]
(vii) how the one-stop delivery system, including one-stop
operators and the one-stop partners, will comply with section
188, if applicable, and applicable provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), regarding the physical and programmatic accessibility
of facilities, programs, services, technology, and materials,
for individuals with disabilities, including complying
through providing staff training and support for addressing
the needs of individuals with disabilities; and
(viii) such other operational planning elements as the
Secretary of Labor or the Secretary of Education, as
appropriate, determines to be necessary for effective State
operating systems and policies.
(D) Program-specific requirements.--The unified State plan
shall include--
(i) with respect to activities carried out under subtitle
B, a description of--
(I) State policies or guidance, for the statewide workforce
development system and for use of State funds for workforce
investment activities;
(II) the local areas designated in the State, including the
process used for designating local areas, and the process
used for identifying any planning regions under section
106(a), including a description of how the State consulted
with the local boards and chief elected officials in
determining the planning regions;
(III) the appeals process referred to in section 106(b)(5),
relating to designation of local areas;
(IV) the appeals process referred to in section
121(h)(2)(E), relating to determinations for infrastructure
funding; and
(V) with respect to youth workforce investment activities
authorized in section 129, information identifying the
criteria to be used by local boards in awarding grants for
youth workforce investment activities and describing how the
local boards will take into consideration the ability of the
providers to meet performance accountability measures based
on primary indicators of performance for the youth program as
described in section 116(b)(2)(A)(ii) in awarding such
grants;
(ii) with respect to activities carried out under title II,
a description of--
(I) how the eligible agency will, if applicable, align
content standards for adult education with State-adopted
challenging academic content standards, as adopted under
section 1111(b)(1) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(1));
(II) how the State will fund local activities using
considerations specified in section 231(e) for--
(aa) activities under section 231(b);
(bb) programs for corrections education under section 225;
(cc) programs for integrated English literacy and civics
education under section 243; and
(dd) integrated education and training;
(III) how the State will use the funds to carry out
activities under section 223;
(IV) how the State will use the funds to carry out
activities under section 243;
(V) how the eligible agency will assess the quality of
providers of adult education and literacy activities under
title II and take actions to improve such quality, including
providing the activities described in section 223(a)(1)(B);
(iii) with respect to programs carried out under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741), the information described in section 101(a) of that Act
(29 U.S.C. 721(a)); and
(iv) information on such additional specific requirements
for a program referenced in any of clauses (i) through (iii)
or the Wagner-Peyser Act (29 U.S.C. 49 et seq.) as the
Secretary of Labor determines to be necessary to administer
that program but cannot reasonably be applied across all such
programs.
(E) Assurances.--The unified State plan shall include
assurances--
(i) that the State has established a policy identifying
circumstances that may present a conflict of interest for a
State board or local board member, or the entity or class of
officials that the member represents, and procedures to
resolve such conflicts;
(ii) that the State has established a policy to provide to
the public (including individuals with disabilities) access
to meetings of State boards and local boards, and information
regarding activities of State boards and local boards, such
as data on board membership and minutes;
(iii)(I) that the lead State agencies with responsibility
for the administration of core programs reviewed and
commented on the appropriate operational planning elements of
the unified State plan, and approved the elements as serving
the needs of the populations served by such programs; and
(II) that the State obtained input into the development of
the unified State plan and provided an opportunity for
comment on the plan by representatives of local boards and
chief elected officials, businesses, labor organizations,
institutions of higher education, other primary stakeholders,
and the general public and that the unified State plan is
available and accessible to the general public;
(iv) that the State has established, in accordance with
section 116(i), fiscal control and fund accounting procedures
that may be necessary to ensure the proper disbursement of,
and accounting for, funds paid to the State through
allotments made for adult, dislocated worker, and youth
programs to carry out workforce investment activities under
chapters 2 and 3 of subtitle B;
(v) that the State has taken appropriate action to secure
compliance with uniform administrative requirements in this
Act, including that the State will annually monitor local
areas to ensure compliance and otherwise take appropriate
action to secure compliance with the uniform administrative
requirements under section 184(a)(3);
(vi) that the State has taken the appropriate action to be
in compliance with section 188, if applicable;
(vii) that the Federal funds received to carry out a core
program will not be expended for any purpose other than for
activities authorized with respect to such funds under that
core program;
(viii) that the eligible agency under title II will--
(I) expend the funds appropriated to carry out that title
only in a manner consistent with fiscal requirements under
section 241(a) (regarding supplement and not supplant
provisions); and
(II) ensure that there is at least 1 eligible provider
serving each local area;
(ix) that the State will pay an appropriate share (as
defined by the State board) of the costs of carrying out
section 116, from funds made available through each of the
core programs; and
(x) regarding such other matters as the Secretary of Labor
or the Secretary of Education, as appropriate, determines to
be necessary for the administration of the core programs.
(3) Existing analysis.--As appropriate, a State may use an
existing analysis in order to carry out the requirements of
paragraph (1) concerning an analysis.
(c) Plan Submission and Approval.--
(1) Submission.--
(A) Initial plan.--The initial unified State plan under
this section (after the date of enactment of the Workforce
Innovation and Opportunity Act) shall be submitted to the
Secretary of Labor not later than 120 days prior to the
commencement of the second full program year after the date
of enactment of this Act.
(B) Subsequent plans.--Except as provided in subparagraph
(A), a unified State plan shall be submitted to the Secretary
of Labor not later than 120 days prior to the end of the 4-
year period covered by the preceding unified State plan.
(2) Submission and approval.--
(A) Submission.--In approving a unified State plan under
this section, the Secretary shall submit the portion of the
unified State plan covering a program or activity to the head
of the Federal agency that administers the program or
activity for the approval of such portion by such head.
(B) Approval.--A unified State plan shall be subject to the
approval of both the Secretary of Labor and the Secretary of
Education, after approval of the Commissioner of the
Rehabilitation Services Administration for the portion of the
plan described in subsection (b)(2)(D)(iii). The plan shall
be considered to be approved at the end of the 90-day period
beginning on the day the plan is submitted, unless the
Secretary of Labor or the Secretary of Education makes a
written determination, during the 90-day period, that the
plan is inconsistent with the provisions of this section or
the provisions authorizing the core programs, as appropriate.
(3) Modifications.--
(A) Modifications.--At the end of the first 2-year period
of any 4-year unified State plan, the State board shall
review the unified State plan, and the Governor shall submit
modifications to the plan to reflect changes in labor market
and economic conditions or in other factors affecting the
implementation of the unified State plan.
(B) Approval.--A modified unified State plan submitted for
the review required under subparagraph (A) shall be subject
to the approval requirements described in paragraph (2). A
Governor may submit a modified unified State plan at such
other times as the Governor determines to be appropriate, and
such modified unified State plan shall also be subject to the
approval requirements described in paragraph (2).
(4) Early implementers.--The Secretary of Labor, in
conjunction with the Secretary of Education, shall establish
a process for approving and may approve unified State plans
that meet the requirements of this section and are submitted
to cover periods commencing prior to the second full program
year described in paragraph (1)(A).
SEC. 103. COMBINED STATE PLAN.
(a) In General.--
(1) Authority to submit plan.--A State may develop and
submit to the appropriate Secretaries a combined State plan
for the core programs and 1 or more of the programs and
activities described in paragraph (2) in lieu of submitting 2
or more plans, for the programs and activities and the core
programs.
(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
(A) Career and technical education programs authorized
under the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.).
(B) Programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(D) Work programs authorized under section 6(o) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
(E) Activities authorized under chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title 38,
United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out by the
Department of Housing and Urban Development.
(J) Employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.).
[[Page H5894]]
(K) Programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).
(b) Requirements.--
(1) In general.--The portion of a combined plan covering
the core programs shall be subject to the requirements of
section 102 (including section 102(c)(3)). The portion of
such plan covering a program or activity described in
subsection (a)(2) shall be subject to the requirements, if
any, applicable to a plan or application for assistance for
that program or activity, under the Federal law authorizing
the program or activity. At the election of the State,
section 102(c)(3) may apply to that portion.
(2) Additional submission not required.--A State that
submits a combined plan that is approved under subsection (c)
shall not be required to submit any other plan or application
in order to receive Federal funds to carry out the core
programs or the program or activities described in subsection
(a)(2) that are covered by the combined plan.
(3) Coordination.--A combined plan shall include--
(A) a description of the methods used for joint planning
and coordination of the core programs and the other programs
and activities covered by the combined plan; and
(B) an assurance that the methods included an opportunity
for the entities responsible for planning or administering
the core programs and the other programs and activities to
review and comment on all portions of the combined plan.
(c) Approval by the Appropriate Secretaries.--
(1) Jurisdiction.--The appropriate Secretary shall have the
authority to approve the corresponding portion of a combined
plan as described in subsection (d). On the approval of the
appropriate Secretary, that portion of the combined plan,
covering a program or activity, shall be implemented by the
State pursuant to that portion of the combined plan, and the
Federal law authorizing the program or activity.
(2) Approval of core programs.--No portion of the plan
relating to a core program shall be implemented until the
appropriate Secretary approves the corresponding portions of
the plan for all core programs.
(3) Timing of approval.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), a portion of the combined State plan covering the
core programs or a program or activity described in
subsection (a)(2) shall be considered to be approved by the
appropriate Secretary at the end of the 90-day period
beginning on the day the plan is submitted.
(B) Plan approved by 3 or more appropriate secretaries.--If
an appropriate Secretary other than the Secretary of Labor or
the Secretary of Education has authority to approve a portion
of a combined plan, that portion of the combined plan shall
be considered to be approved by the appropriate Secretary at
the end of the 120-day period beginning on the day the plan
is submitted.
(C) Disapproval.--The portion shall not be considered to be
approved if the appropriate Secretary makes a written
determination, during the 90-day period (or the 120-day
period, for an appropriate Secretary covered by subparagraph
(B)), that the portion is not consistent with the
requirements of the Federal law authorizing or applicable to
the program or activity involved, including the criteria for
approval of a plan or application, if any, under such law, or
the plan is not consistent with the requirements of this
section.
(4) Special rule.--In paragraph (3), the term ``criteria
for approval of a plan or application'', with respect to a
State and a core program or a program under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), includes a requirement for agreement between
the State and the appropriate Secretaries regarding State
performance measures or State performance accountability
measures, as the case may be, including levels of
performance.
(d) Appropriate Secretary.--In this section, the term
``appropriate Secretary'' means--
(1) with respect to the portion of a combined plan relating
to any of the core programs (including a description, and an
assurance concerning that program, specified in subsection
(b)(3)), the Secretary of Labor and the Secretary of
Education; and
(2) with respect to the portion of a combined plan relating
to a program or activity described in subsection (a)(2)
(including a description, and an assurance concerning that
program or activity, specified in subsection (b)(3)), the
head of the Federal agency who exercises plan or application
approval authority for the program or activity under the
Federal law authorizing the program or activity, or, if there
are no planning or application requirements for such program
or activity, exercises administrative authority over the
program or activity under that Federal law.
CHAPTER 2--LOCAL PROVISIONS
SEC. 106. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--
(1) Identification.--Before the second full program year
after the date of enactment of this Act, in order for a State
to receive an allotment under section 127(b) or 132(b) and as
part of the process for developing the State plan, a State
shall identify regions in the State after consultation with
the local boards and chief elected officials in the local
areas and consistent with the considerations described in
subsection (b)(1)(B).
(2) Types of regions.--For purposes of this Act, the State
shall identify--
(A) which regions are comprised of 1 local area that is
aligned with the region;
(B) which regions are comprised of 2 or more local areas
that are (collectively) aligned with the region (referred to
as planning regions, consistent with section 3); and
(C) which, of the regions described in subparagraph (B),
are interstate areas contained within 2 or more States, and
consist of labor market areas, economic development areas, or
other appropriate contiguous subareas of those States.
(b) Local Areas.--
(1) In general.--
(A) Process.--Except as provided in subsection (d), and
consistent with paragraphs (2) and (3), in order for a State
to receive an allotment under section 127(b) or 132(b), the
Governor of the State shall designate local workforce
development areas within the State--
(i) through consultation with the State board; and
(ii) after consultation with chief elected officials and
local boards, and after consideration of comments received
through the public comment process as described in section
102(b)(2)(E)(iii)(II).
(B) Considerations.--The Governor shall designate local
areas (except for those local areas described in paragraphs
(2) and (3)) based on considerations consisting of the extent
to which the areas--
(i) are consistent with labor market areas in the State;
(ii) are consistent with regional economic development
areas in the State; and
(iii) have available the Federal and non-Federal resources
necessary to effectively administer activities under subtitle
B and other applicable provisions of this Act, including
whether the areas have the appropriate education and training
providers, such as institutions of higher education and area
career and technical education schools.
(2) Initial designation.--During the first 2 full program
years following the date of enactment of this Act, the
Governor shall approve a request for initial designation as a
local area from any area that was designated as a local area
for purposes of the Workforce Investment Act of 1998 for the
2-year period preceding the date of enactment of this Act,
performed successfully, and sustained fiscal integrity.
(3) Subsequent designation.--After the period for which a
local area is initially designated under paragraph (2), the
Governor shall approve a request for subsequent designation
as a local area from such local area, if such area--
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning region, met
the requirements described in subsection (c)(1).
(4) Designation on recommendation of state board.--The
Governor may approve a request from any unit of general local
government (including a combination of such units) for
designation of an area as a local area if the State board
determines, based on the considerations described in
paragraph (1)(B), and recommends to the Governor, that such
area should be so designated.
(5) Appeals.--A unit of general local government (including
a combination of such units) or grant recipient that requests
but is not granted designation of an area as a local area
under paragraph (2) or (3) may submit an appeal to the State
board under an appeal process established in the State plan.
If the appeal does not result in such a designation, the
Secretary of Labor, after receiving a request for review from
the unit or grant recipient and on determining that the unit
or grant recipient was not accorded procedural rights under
the appeals process described in the State plan, as specified
in section 102(b)(2)(D)(i)(III), or that the area meets the
requirements of paragraph (2) or (3), may require that the
area be designated as a local area under such paragraph.
(6) Redesignation assistance.--On the request of all of the
local areas in a planning region, the State shall provide
funding from funds made available under sections 128(a) and
133(a)(1) to assist the local areas in carrying out
activities to facilitate the redesignation of the local areas
to a single local area.
(c) Regional Coordination.--
(1) Regional planning.--The local boards and chief elected
officials in each planning region described in subparagraph
(B) or (C) of subsection (a)(2) shall engage in a regional
planning process that results in--
(A) the preparation of a regional plan, as described in
paragraph (2);
(B) the establishment of regional service strategies,
including use of cooperative service delivery agreements;
(C) the development and implementation of sector
initiatives for in-demand industry sectors or occupations for
the region;
(D) the collection and analysis of regional labor market
data (in conjunction with the State);
(E) the establishment of administrative cost arrangements,
including the pooling of funds for administrative costs, as
appropriate, for the region;
(F) the coordination of transportation and other supportive
services, as appropriate, for the region;
(G) the coordination of services with regional economic
development services and providers; and
(H) the establishment of an agreement concerning how the
planning region will collectively negotiate and reach
agreement with Governor on local levels of performance for,
and report on, the performance accountability measures
described in section 116(c), for local areas or the planning
region.
(2) Regional plans.--The State, after consultation with
local boards and chief elected officials for the planning
regions, shall require the local boards and chief elected
officials within a planning region to prepare, submit, and
obtain approval of a single regional plan that includes a
description of the activities described in paragraph (1) and
that incorporates local plans for
[[Page H5895]]
each of the local areas in the planning region. The State
shall provide technical assistance and labor market data, as
requested by local areas, to assist with such regional
planning and subsequent service delivery efforts.
(3) References.--In this Act, and the core program
provisions that are not in this Act:
(A) Local area.--Except as provided in section 101(d)(9),
this section, paragraph (1)(B) or (4) of section 107(c), or
section 107(d)(12)(B), or in any text that provides an
accompanying provision specifically for a planning region,
the term ``local area'' in a provision includes a reference
to a planning region for purposes of implementation of that
provision by the corresponding local areas in the region.
(B) Local plan.--Except as provided in this subsection, the
term ``local plan'' includes a reference to the portion of a
regional plan developed with respect to the corresponding
local area within the region, and any regionwide provision of
that plan that impacts or relates to the local area.
(d) Single State Local Areas.--
(1) Continuation of previous designation.--The Governor of
any State that was a single State local area for purposes of
title I of the Workforce Investment Act of 1998, as in effect
on July 1, 2013, may designate the State as a single State
local area for purposes of this title. In the case of such
designation, the Governor shall identify the State as a local
area in the State plan.
(2) Effect on local plan and local functions.--In any case
in which a State is designated as a local area pursuant to
this subsection, the local plan prepared under section 108
for the area shall be submitted for approval as part of the
State plan. In such a State, the State board shall carry out
the functions of a local board, as specified in this Act or
the provisions authorizing a core program, but the State
shall not be required to meet and report on a set of local
performance accountability measures.
(e) Definitions.--For purposes of this section:
(1) Performed successfully.--The term ``performed
successfully'', used with respect to a local area, means the
local area met or exceeded the adjusted levels of performance
for primary indicators of performance described in section
116(b)(2)(A) (or, if applicable, core indicators of
performance described in section 136(b)(2)(A) of the
Workforce Investment Act of 1998, as in effect the day before
the date of enactment of this Act) for each of the last 2
consecutive years for which data are available preceding the
determination of performance under this paragraph.
(2) Sustained fiscal integrity.--The term ``sustained
fiscal integrity'', used with respect to a local area, means
that the Secretary has not made a formal determination,
during either of the last 2 consecutive years preceding the
determination regarding such integrity, that either the grant
recipient or the administrative entity of the area
misexpended funds provided under subtitle B (or, if
applicable, title I of the Workforce Investment Act of 1998
as in effect prior to the effective date of such subtitle B)
due to willful disregard of the requirements of the provision
involved, gross negligence, or failure to comply with
accepted standards of administration.
SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Establishment.--Except as provided in subsection
(c)(2)(A), there shall be established, and certified by the
Governor of the State, a local workforce development board in
each local area of a State to carry out the functions
described in subsection (d) (and any functions specified for
the local board under this Act or the provisions establishing
a core program) for such area.
(b) Membership.--
(1) State criteria.--The Governor, in partnership with the
State board, shall establish criteria for use by chief
elected officials in the local areas for appointment of
members of the local boards in such local areas in accordance
with the requirements of paragraph (2).
(2) Composition.--Such criteria shall require that, at a
minimum--
(A) a majority of the members of each local board shall be
representatives of business in the local area, who--
(i) are owners of businesses, chief executives or operating
officers of businesses, or other business executives or
employers with optimum policymaking or hiring authority;
(ii) represent businesses, including small businesses, or
organizations representing businesses described in this
clause, that provide employment opportunities that, at a
minimum, include high-quality, work-relevant training and
development in in-demand industry sectors or occupations in
the local area; and
(iii) are appointed from among individuals nominated by
local business organizations and business trade associations;
(B) not less than 20 percent of the members of each local
board shall be representatives of the workforce within the
local area, who--
(i) shall include representatives of labor organizations
(for a local area in which employees are represented by labor
organizations), who have been nominated by local labor
federations, or (for a local area in which no employees are
represented by such organizations) other representatives of
employees;
(ii) shall include a representative, who shall be a member
of a labor organization or a training director, from a joint
labor-management apprenticeship program, or if no such joint
program exists in the area, such a representative of an
apprenticeship program in the area, if such a program exists;
(iii) may include representatives of community-based
organizations that have demonstrated experience and expertise
in addressing the employment needs of individuals with
barriers to employment, including organizations that serve
veterans or that provide or support competitive integrated
employment for individuals with disabilities; and
(iv) may include representatives of organizations that have
demonstrated experience and expertise in addressing the
employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-
school youth;
(C) each local board shall include representatives of
entities administering education and training activities in
the local area, who--
(i) shall include a representative of eligible providers
administering adult education and literacy activities under
title II;
(ii) shall include a representative of institutions of
higher education providing workforce investment activities
(including community colleges);
(iii) may include representatives of local educational
agencies, and of community-based organizations with
demonstrated experience and expertise in addressing the
education or training needs of individuals with barriers to
employment;
(D) each local board shall include representatives of
governmental and economic and community development entities
serving the local area, who--
(i) shall include a representative of economic and
community development entities;
(ii) shall include an appropriate representative from the
State employment service office under the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) serving the local area;
(iii) shall include an appropriate representative of the
programs carried out under title I of the Rehabilitation Act
of 1973 (29 U.S.C. 720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732, 741), serving the local
area;
(iv) may include representatives of agencies or entities
administering programs serving the local area relating to
transportation, housing, and public assistance; and
(v) may include representatives of philanthropic
organizations serving the local area; and
(E) each local board may include such other individuals or
representatives of entities as the chief elected official in
the local area may determine to be appropriate.
(3) Chairperson.--The members of the local board shall
elect a chairperson for the local board from among the
representatives described in paragraph (2)(A).
(4) Standing committees.--
(A) In general.--The local board may designate and direct
the activities of standing committees to provide information
and to assist the local board in carrying out activities
under this section. Such standing committees shall be chaired
by a member of the local board, may include other members of
the local board, and shall include other individuals
appointed by the local board who are not members of the local
board and who the local board determines have appropriate
experience and expertise. At a minimum, the local board may
designate each of the following:
(i) A standing committee to provide information and assist
with operational and other issues relating to the one-stop
delivery system, which may include as members representatives
of the one-stop partners.
(ii) A standing committee to provide information and to
assist with planning, operational, and other issues relating
to the provision of services to youth, which shall include
community-based organizations with a demonstrated record of
success in serving eligible youth.
(iii) A standing committee to provide information and to
assist with operational and other issues relating to the
provision of services to individuals with disabilities,
including issues relating to compliance with section 188, if
applicable, and applicable provisions of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding
providing programmatic and physical access to the services,
programs, and activities of the one-stop delivery system, as
well as appropriate training for staff on providing supports
for or accommodations to, and finding employment
opportunities for, individuals with disabilities.
(B) Additional committees.--The local board may designate
standing committees in addition to the standing committees
specified in subparagraph (A).
(C) Designation of entity.--Nothing in this paragraph shall
be construed to prohibit the designation of an existing (as
of the date of enactment of this Act) entity, such as an
effective youth council, to fulfill the requirements of this
paragraph as long as the entity meets the requirements of
this paragraph.
(5) Authority of board members.--Members of the board that
represent organizations, agencies, or other entities shall be
individuals with optimum policymaking authority within the
organizations, agencies, or entities. The members of the
board shall represent diverse geographic areas within the
local area.
(6) Special rule.--If there are multiple eligible providers
serving the local area by administering adult education and
literacy activities under title II, or multiple institutions
of higher education serving the local area by providing
workforce investment activities, each representative on the
local board described in clause (i) or (ii) of paragraph
(2)(C), respectively, shall be appointed from among
individuals nominated by local providers representing such
providers or institutions, respectively.
(c) Appointment and Certification of Board.--
(1) Appointment of board members and assignment of
responsibilities.--
(A) In general.--The chief elected official in a local area
is authorized to appoint the members of the local board for
such area, in accordance with the State criteria established
under subsection (b).
(B) Multiple units of local government in area.--
(i) In general.--In a case in which a local area includes
more than 1 unit of general local
[[Page H5896]]
government, the chief elected officials of such units may
execute an agreement that specifies the respective roles of
the individual chief elected officials--
(I) in the appointment of the members of the local board
from the individuals nominated or recommended to be such
members in accordance with the criteria established under
subsection (b); and
(II) in carrying out any other responsibilities assigned to
such officials under this title.
(ii) Lack of agreement.--If, after a reasonable effort, the
chief elected officials are unable to reach agreement as
provided under clause (i), the Governor may appoint the
members of the local board from individuals so nominated or
recommended.
(C) Concentrated employment programs.--In the case of an
area that was designated as a local area in accordance with
section 116(a)(2)(B) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this
Act), and that remains a local area on that date, the
governing body of the concentrated employment program
involved shall act in consultation with the chief elected
official in the local area to appoint members of the local
board, in accordance with the State criteria established
under subsection (b), and to carry out any other
responsibility relating to workforce investment activities
assigned to such official under this Act.
(2) Certification.--
(A) In general.--The Governor shall, once every 2 years,
certify 1 local board for each local area in the State.
(B) Criteria.--Such certification shall be based on
criteria established under subsection (b), and for a second
or subsequent certification, the extent to which the local
board has ensured that workforce investment activities
carried out in the local area have enabled the local area to
meet the corresponding performance accountability measures
and achieve sustained fiscal integrity, as defined in section
106(e)(2).
(C) Failure to achieve certification.--Failure of a local
board to achieve certification shall result in appointment
and certification of a new local board for the local area
pursuant to the process described in paragraph (1) and this
paragraph.
(3) Decertification.--
(A) Fraud, abuse, failure to carry out functions.--
Notwithstanding paragraph (2), the Governor shall have the
authority to decertify a local board at any time after
providing notice and an opportunity for comment, for--
(i) fraud or abuse; or
(ii) failure to carry out the functions specified for the
local board in subsection (d).
(B) Nonperformance.--Notwithstanding paragraph (2), the
Governor may decertify a local board if a local area fails to
meet the local performance accountability measures for such
local area in accordance with section 116(c) for 2
consecutive program years.
(C) Reorganization plan.--If the Governor decertifies a
local board for a local area under subparagraph (A) or (B),
the Governor may require that a new local board be appointed
and certified for the local area pursuant to a reorganization
plan developed by the Governor, in consultation with the
chief elected official in the local area and in accordance
with the criteria established under subsection (b).
(4) Single state local area.--
(A) State board.--Notwithstanding subsection (b) and
paragraphs (1) and (2), if a State described in section
106(d) indicates in the State plan that the State will be
treated as a single State local area, for purposes of the
application of this Act or the provisions authorizing a core
program, the State board shall carry out any of the functions
of a local board under this Act or the provisions authorizing
a core program, including the functions described in
subsection (d).
(B) References.--
(i) In general.--Except as provided in clauses (ii) and
(iii), with respect to such a State, a reference in this Act
or a core program provision to a local board shall be
considered to be a reference to the State board, and a
reference in the Act or provision to a local area or region
shall be considered to be a reference to the State.
(ii) Plans.--The State board shall prepare a local plan
under section 108 for the State, and submit the plan for
approval as part of the State plan.
(iii) Performance accountability measures.--The State shall
not be required to meet and report on a set of local
performance accountability measures.
(d) Functions of Local Board.--Consistent with section 108,
the functions of the local board shall include the following:
(1) Local plan.--The local board, in partnership with the
chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets
the requirements in section 108. If the local area is part of
a planning region that includes other local areas, the local
board shall collaborate with the other local boards and chief
elected officials from such other local areas in the
preparation and submission of a regional plan as described in
section 106(c)(2).
(2) Workforce research and regional labor market
analysis.--In order to assist in the development and
implementation of the local plan, the local board shall--
(A) carry out analyses of the economic conditions in the
region, the needed knowledge and skills for the region, the
workforce in the region, and workforce development activities
(including education and training) in the region described in
section 108(b)(1)(D), and regularly update such information;
(B) assist the Governor in developing the statewide
workforce and labor market information system described in
section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)),
specifically in the collection, analysis, and utilization of
workforce and labor market information for the region; and
(C) conduct such other research, data collection, and
analysis related to the workforce needs of the regional
economy as the board, after receiving input from a wide array
of stakeholders, determines to be necessary to carry out its
functions.
(3) Convening, brokering, leveraging.--The local board
shall convene local workforce development system stakeholders
to assist in the development of the local plan under section
108 and in identifying non-Federal expertise and resources to
leverage support for workforce development activities. The
local board, including standing committees, may engage such
stakeholders in carrying out the functions described in this
subsection.
(4) Employer engagement.--The local board shall lead
efforts to engage with a diverse range of employers and with
entities in the region involved--
(A) to promote business representation (particularly
representatives with optimal policymaking or hiring authority
from employers whose employment opportunities reflect
existing and emerging employment opportunities in the region)
on the local board;
(B) to develop effective linkages (including the use of
intermediaries) with employers in the region to support
employer utilization of the local workforce development
system and to support local workforce investment activities;
(C) to ensure that workforce investment activities meet the
needs of employers and support economic growth in the region,
by enhancing communication, coordination, and collaboration
among employers, economic development entities, and service
providers; and
(D) to develop and implement proven or promising strategies
for meeting the employment and skill needs of workers and
employers (such as the establishment of industry and sector
partnerships), that provide the skilled workforce needed by
employers in the region, and that expand employment and
career advancement opportunities for workforce development
system participants in in-demand industry sectors or
occupations.
(5) Career pathways development.--The local board, with
representatives of secondary and postsecondary education
programs, shall lead efforts in the local area to develop and
implement career pathways within the local area by aligning
the employment, training, education, and supportive services
that are needed by adults and youth, particularly individuals
with barriers to employment.
(6) Proven and promising practices.--The local board shall
lead efforts in the local area to--
(A) identify and promote proven and promising strategies
and initiatives for meeting the needs of employers, and
workers and jobseekers (including individuals with barriers
to employment) in the local workforce development system,
including providing physical and programmatic accessibility,
in accordance with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), to the one-stop delivery system; and
(B) identify and disseminate information on proven and
promising practices carried out in other local areas for
meeting such needs.
(7) Technology.--The local board shall develop strategies
for using technology to maximize the accessibility and
effectiveness of the local workforce development system for
employers, and workers and jobseekers, by--
(A) facilitating connections among the intake and case
management information systems of the one-stop partner
programs to support a comprehensive workforce development
system in the local area;
(B) facilitating access to services provided through the
one-stop delivery system involved, including facilitating the
access in remote areas;
(C) identifying strategies for better meeting the needs of
individuals with barriers to employment, including strategies
that augment traditional service delivery, and increase
access to services and programs of the one-stop delivery
system, such as improving digital literacy skills; and
(D) leveraging resources and capacity within the local
workforce development system, including resources and
capacity for services for individuals with barriers to
employment.
(8) Program oversight.--The local board, in partnership
with the chief elected official for the local area, shall--
(A)(i) conduct oversight for local youth workforce
investment activities authorized under section 129(c), local
employment and training activities authorized under
subsections (c) and (d) of section 134, and the one-stop
delivery system in the local area; and
(ii) ensure the appropriate use and management of the funds
provided under subtitle B for the activities and system
described in clause (i); and
(B) for workforce development activities, ensure the
appropriate use, management, and investment of funds to
maximize performance outcomes under section 116.
(9) Negotiation of local performance accountability
measures.--The local board, the chief elected official, and
the Governor shall negotiate and reach agreement on local
performance accountability measures as described in section
116(c).
(10) Selection of operators and providers.--
(A) Selection of one-stop operators.--Consistent with
section 121(d), the local board, with the agreement of the
chief elected official for the local area--
(i) shall designate or certify one-stop operators as
described in section 121(d)(2)(A); and
(ii) may terminate for cause the eligibility of such
operators.
[[Page H5897]]
(B) Selection of youth providers.--Consistent with section
123, the local board--
(i) shall identify eligible providers of youth workforce
investment activities in the local area by awarding grants or
contracts on a competitive basis (except as provided in
section 123(b)), based on the recommendations of the youth
standing committee, if such a committee is established for
the local area under subsection (b)(4); and
(ii) may terminate for cause the eligibility of such
providers.
(C) Identification of eligible providers of training
services.--Consistent with section 122, the local board shall
identify eligible providers of training services in the local
area.
(D) Identification of eligible providers of career
services.--If the one-stop operator does not provide career
services described in section 134(c)(2) in a local area, the
local board shall identify eligible providers of those career
services in the local area by awarding contracts.
(E) Consumer choice requirements.--Consistent with section
122 and paragraphs (2) and (3) of section 134(c), the local
board shall work with the State to ensure there are
sufficient numbers and types of providers of career services
and training services (including eligible providers with
expertise in assisting individuals with disabilities and
eligible providers with expertise in assisting adults in need
of adult education and literacy activities) serving the local
area and providing the services involved in a manner that
maximizes consumer choice, as well as providing opportunities
that lead to competitive integrated employment for
individuals with disabilities.
(11) Coordination with education providers.--
(A) In general.--The local board shall coordinate
activities with education and training providers in the local
area, including providers of workforce investment activities,
providers of adult education and literacy activities under
title II, providers of career and technical education (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)) and local
agencies administering plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741).
(B) Applications and agreements.--The coordination
described in subparagraph (A) shall include--
(i) consistent with section 232--
(I) reviewing the applications to provide adult education
and literacy activities under title II for the local area,
submitted under such section to the eligible agency by
eligible providers, to determine whether such applications
are consistent with the local plan; and
(II) making recommendations to the eligible agency to
promote alignment with such plan; and
(ii) replicating cooperative agreements in accordance with
subparagraph (B) of section 101(a)(11) of the Rehabilitation
Act of 1973 (29 U.S.C. 721(a)(11)), and implementing
cooperative agreements in accordance with that section with
the local agencies administering plans under title I of that
Act (29 U.S.C. 720 et seq.) (other than section 112 or part C
of that title (29 U.S.C. 732, 741) and subject to section
121(f)), with respect to efforts that will enhance the
provision of services to individuals with disabilities and
other individuals, such as cross training of staff, technical
assistance, use and sharing of information, cooperative
efforts with employers, and other efforts at cooperation,
collaboration, and coordination.
(C) Cooperative agreement.--In this paragraph, the term
``cooperative agreement'' means an agreement entered into by
a State designated agency or State designated unit under
subparagraph (A) of section 101(a)(11) of the Rehabilitation
Act of 1973.
(12) Budget and administration.--
(A) Budget.--The local board shall develop a budget for the
activities of the local board in the local area, consistent
with the local plan and the duties of the local board under
this section, subject to the approval of the chief elected
official.
(B) Administration.--
(i) Grant recipient.--
(I) In general.--The chief elected official in a local area
shall serve as the local grant recipient for, and shall be
liable for any misuse of, the grant funds allocated to the
local area under sections 128 and 133, unless the chief
elected official reaches an agreement with the Governor for
the Governor to act as the local grant recipient and bear
such liability.
(II) Designation.--In order to assist in administration of
the grant funds, the chief elected official or the Governor,
where the Governor serves as the local grant recipient for a
local area, may designate an entity to serve as a local grant
subrecipient for such funds or as a local fiscal agent. Such
designation shall not relieve the chief elected official or
the Governor of the liability for any misuse of grant funds
as described in subclause (I).
(III) Disbursal.--The local grant recipient or an entity
designated under subclause (II) shall disburse the grant
funds for workforce investment activities at the direction of
the local board, pursuant to the requirements of this title.
The local grant recipient or entity designated under
subclause (II) shall disburse the funds immediately on
receiving such direction from the local board.
(ii) Grants and donations.--The local board may solicit and
accept grants and donations from sources other than Federal
funds made available under this Act.
(iii) Tax-exempt status.--For purposes of carrying out
duties under this Act, local boards may incorporate, and may
operate as entities described in section 501(c)(3) of the
Internal Revenue Code of 1986 that are exempt from taxation
under section 501(a) of such Code.
(13) Accessibility for individuals with disabilities.--The
local board shall annually assess the physical and
programmatic accessibility, in accordance with section 188,
if applicable, and applicable provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), of
all one-stop centers in the local area.
(e) Sunshine Provision.--The local board shall make
available to the public, on a regular basis through
electronic means and open meetings, information regarding the
activities of the local board, including information
regarding the local plan prior to submission of the plan, and
regarding membership, the designation and certification of
one-stop operators, and the award of grants or contracts to
eligible providers of youth workforce investment activities,
and on request, minutes of formal meetings of the local
board.
(f) Staff.--
(1) In general.--The local board may hire a director and
other staff to assist in carrying out the functions described
in subsection (d) using funds available under sections 128(b)
and 133(b) as described in section 128(b)(4).
(2) Qualifications.--The local board shall establish and
apply a set of objective qualifications for the position of
director, that ensures that the individual selected has the
requisite knowledge, skills, and abilities, to meet
identified benchmarks and to assist in effectively carrying
out the functions of the local board.
(3) Limitation on rate.--The director and staff described
in paragraph (1) shall be subject to the limitations on the
payment of salaries and bonuses described in section 194(15).
(g) Limitations.--
(1) Training services.--
(A) In general.--Except as provided in subparagraph (B), no
local board may provide training services.
(B) Waivers of training prohibition.--The Governor of the
State in which a local board is located may, pursuant to a
request from the local board, grant a written waiver of the
prohibition set forth in subparagraph (A) (relating to the
provision of training services) for a program of training
services, if the local board--
(i) submits to the Governor a proposed request for the
waiver that includes--
(I) satisfactory evidence that there is an insufficient
number of eligible providers of such a program of training
services to meet local demand in the local area;
(II) information demonstrating that the board meets the
requirements for an eligible provider of training services
under section 122; and
(III) information demonstrating that the program of
training services prepares participants for an in-demand
industry sector or occupation in the local area;
(ii) makes the proposed request available to eligible
providers of training services and other interested members
of the public for a public comment period of not less than 30
days; and
(iii) includes, in the final request for the waiver, the
evidence and information described in clause (i) and the
comments received pursuant to clause (ii).
(C) Duration.--A waiver granted to a local board under
subparagraph (B) shall apply for a period that shall not
exceed the duration of the local plan. The waiver may be
renewed for additional periods under subsequent local plans,
not to exceed the durations of such subsequent plans,
pursuant to requests from the local board, if the board meets
the requirements of subparagraph (B) in making the requests.
(D) Revocation.--The Governor shall have the authority to
revoke the waiver during the appropriate period described in
subparagraph (C) if the Governor determines the waiver is no
longer needed or that the local board involved has engaged in
a pattern of inappropriate referrals to training services
operated by the local board.
(2) Career services; designation or certification as one-
stop operators.--A local board may provide career services
described in section 134(c)(2) through a one-stop delivery
system or be designated or certified as a one-stop operator
only with the agreement of the chief elected official in the
local area and the Governor.
(3) Limitation on authority.--Nothing in this Act shall be
construed to provide a local board with the authority to
mandate curricula for schools.
(h) Conflict of Interest.--A member of a local board, or a
member of a standing committee, may not--
(1) vote on a matter under consideration by the local
board--
(A) regarding the provision of services by such member (or
by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the
State plan.
(i) Alternative Entity.--
(1) In general.--For purposes of complying with subsections
(a), (b), and (c), a State may use any local entity
(including a local council, regional workforce development
board, or similar entity) that--
(A) is established to serve the local area (or the service
delivery area that most closely corresponds to the local
area);
(B) was in existence on the day before the date of
enactment of this Act, pursuant to State law; and
(C) includes--
(i) representatives of business in the local area; and
(ii)(I) representatives of labor organizations (for a local
area in which employees are represented by labor
organizations), nominated by local labor federations; or
(II) other representatives of employees in the local area
(for a local area in which no employees are represented by
such organizations).
[[Page H5898]]
(2) References.--A reference in this Act or a core program
provision to a local board, shall include a reference to such
an entity.
SEC. 108. LOCAL PLAN.
(a) In General.--Each local board shall develop and submit
to the Governor a comprehensive 4-year local plan, in
partnership with the chief elected official. The local plan
shall support the strategy described in the State plan in
accordance with section 102(b)(1)(E), and otherwise be
consistent with the State plan. If the local area is part of
a planning region, the local board shall comply with section
106(c) in the preparation and submission of a regional plan.
At the end of the first 2-year period of the 4-year local
plan, each local board shall review the local plan and the
local board, in partnership with the chief elected official,
shall prepare and submit modifications to the local plan to
reflect changes in labor market and economic conditions or in
other factors affecting the implementation of the local plan.
(b) Contents.--The local plan shall include--
(1) a description of the strategic planning elements
consisting of--
(A) an analysis of the regional economic conditions
including--
(i) existing and emerging in-demand industry sectors and
occupations; and
(ii) the employment needs of employers in those industry
sectors and occupations;
(B) an analysis of the knowledge and skills needed to meet
the employment needs of the employers in the region,
including employment needs in in-demand industry sectors and
occupations;
(C) an analysis of the workforce in the region, including
current labor force employment (and unemployment) data, and
information on labor market trends, and the educational and
skill levels of the workforce in the region, including
individuals with barriers to employment;
(D) an analysis of the workforce development activities
(including education and training) in the region, including
an analysis of the strengths and weaknesses of such services,
and the capacity to provide such services, to address the
identified education and skill needs of the workforce and the
employment needs of employers in the region;
(E) a description of the local board's strategic vision and
goals for preparing an educated and skilled workforce
(including youth and individuals with barriers to
employment), including goals relating to the performance
accountability measures based on primary indicators of
performance described in section 116(b)(2)(A) in order to
support regional economic growth and economic self-
sufficiency; and
(F) taking into account analyses described in subparagraphs
(A) through (D), a strategy to work with the entities that
carry out the core programs to align resources available to
the local area, to achieve the strategic vision and goals
described in subparagraph (E);
(2) a description of the workforce development system in
the local area that identifies the programs that are included
in that system and how the local board will work with the
entities carrying out core programs and other workforce
development programs to support alignment to provide
services, including programs of study authorized under the
Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), that support the strategy
identified in the State plan under section 102(b)(1)(E);
(3) a description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for
eligible individuals, particularly eligible individuals with
barriers to employment, including how the local board will
facilitate the development of career pathways and co-
enrollment, as appropriate, in core programs, and improve
access to activities leading to a recognized postsecondary
credential (including a credential that is an industry-
recognized certificate or certification, portable, and
stackable);
(4) a description of the strategies and services that will
be used in the local area--
(A) in order to--
(i) facilitate engagement of employers, including small
employers and employers in in-demand industry sectors and
occupations, in workforce development programs;
(ii) support a local workforce development system that
meets the needs of businesses in the local area;
(iii) better coordinate workforce development programs and
economic development; and
(iv) strengthen linkages between the one-stop delivery
system and unemployment insurance programs; and
(B) that may include the implementation of initiatives such
as incumbent worker training programs, on-the-job training
programs, customized training programs, industry and sector
strategies, career pathways initiatives, utilization of
effective business intermediaries, and other business
services and strategies, designed to meet the needs of
employers in the corresponding region in support of the
strategy described in paragraph (1)(F);
(5) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with economic development activities carried out in the
region in which the local area is located (or planning
region), and promote entrepreneurial skills training and
microenterprise services;
(6) a description of the one-stop delivery system in the
local area, including--
(A) a description of how the local board will ensure the
continuous improvement of eligible providers of services
through the system and ensure that such providers meet the
employment needs of local employers, and workers and
jobseekers;
(B) a description of how the local board will facilitate
access to services provided through the one-stop delivery
system, including in remote areas, through the use of
technology and through other means;
(C) a description of how entities within the one-stop
delivery system, including one-stop operators and the one-
stop partners, will comply with section 188, if applicable,
and applicable provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) regarding the physical
and programmatic accessibility of facilities, programs and
services, technology, and materials for individuals with
disabilities, including providing staff training and support
for addressing the needs of individuals with disabilities;
and
(D) a description of the roles and resource contributions
of the one-stop partners;
(7) a description and assessment of the type and
availability of adult and dislocated worker employment and
training activities in the local area;
(8) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with statewide rapid response activities, as described in
section 134(a)(2)(A);
(9) a description and assessment of the type and
availability of youth workforce investment activities in the
local area, including activities for youth who are
individuals with disabilities, which description and
assessment shall include an identification of successful
models of such youth workforce investment activities;
(10) a description of how the local board will coordinate
education and workforce investment activities carried out in
the local area with relevant secondary and postsecondary
education programs and activities to coordinate strategies,
enhance services, and avoid duplication of services;
(11) a description of how the local board will coordinate
workforce investment activities carried out under this title
in the local area with the provision of transportation,
including public transportation, and other appropriate
supportive services in the local area;
(12) a description of plans and strategies for, and
assurances concerning, maximizing coordination of services
provided by the State employment service under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) and services provided in
the local area through the one-stop delivery system, to
improve service delivery and avoid duplication of services;
(13) a description of how the local board will coordinate
workforce investment activities carried out under this title
in the local area with the provision of adult education and
literacy activities under title II in the local area,
including a description of how the local board will carry
out, consistent with subparagraphs (A) and (B)(i) of section
107(d)(11) and section 232, the review of local applications
submitted under title II;
(14) a description of the replicated cooperative agreements
(as defined in section 107(d)(11)) between the local board or
other local entities described in section 101(a)(11)(B) of
the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and
the local office of a designated State agency or designated
State unit administering programs carried out under title I
of such Act (29 U.S.C. 720 et seq.) (other than section 112
or part C of that title (29 U.S.C. 732, 741) and subject to
section 121(f)) in accordance with section 101(a)(11) of such
Act (29 U.S.C. 721(a)(11)) with respect to efforts that will
enhance the provision of services to individuals with
disabilities and to other individuals, such as cross training
of staff, technical assistance, use and sharing of
information, cooperative efforts with employers, and other
efforts at cooperation, collaboration, and coordination;
(15) an identification of the entity responsible for the
disbursal of grant funds described in section
107(d)(12)(B)(i)(III), as determined by the chief elected
official or the Governor under section 107(d)(12)(B)(i);
(16) a description of the competitive process to be used to
award the subgrants and contracts in the local area for
activities carried out under this title;
(17) a description of the local levels of performance
negotiated with the Governor and chief elected official
pursuant to section 116(c), to be used to measure the
performance of the local area and to be used by the local
board for measuring the performance of the local fiscal agent
(where appropriate), eligible providers under subtitle B, and
the one-stop delivery system, in the local area;
(18) a description of the actions the local board will take
toward becoming or remaining a high-performing board,
consistent with the factors developed by the State board
pursuant to section 101(d)(6);
(19) a description of how training services under chapter 3
of subtitle B will be provided in accordance with section
134(c)(3)(G), including, if contracts for the training
services will be used, how the use of such contracts will be
coordinated with the use of individual training accounts
under that chapter and how the local board will ensure
informed customer choice in the selection of training
programs regardless of how the training services are to be
provided;
(20) a description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for
public comment, including comment by representatives of
businesses and comment by representatives of labor
organizations, and input into the development of the local
plan, prior to submission of the plan;
(21) a description of how one-stop centers are implementing
and transitioning to an integrated, technology-enabled intake
and case management information system for programs carried
out under this Act and programs carried out by one-stop
partners; and
(22) such other information as the Governor may require.
[[Page H5899]]
(c) Existing Analysis.--As appropriate, a local area may
use an existing analysis in order to carry out the
requirements of subsection (b)(1) concerning an analysis.
(d) Process.--Prior to the date on which the local board
submits a local plan under this section, the local board
shall--
(1) make available copies of a proposed local plan to the
public through electronic and other means, such as public
hearings and local news media;
(2) allow members of the public, including representatives
of business, representatives of labor organizations, and
representatives of education to submit to the local board
comments on the proposed local plan, not later than the end
of the 30-day period beginning on the date on which the
proposed local plan is made available; and
(3) include with the local plan submitted to the Governor
under this section any such comments that represent
disagreement with the plan.
(e) Plan Submission and Approval.--A local plan submitted
to the Governor under this section (including a modification
to such a local plan) shall be considered to be approved by
the Governor at the end of the 90-day period beginning on the
day the Governor receives the plan (including such a
modification), unless the Governor makes a written
determination during the 90-day period that--
(1) deficiencies in activities carried out under this
subtitle or subtitle B have been identified, through audits
conducted under section 184 or otherwise, and the local area
has not made acceptable progress in implementing corrective
measures to address the deficiencies;
(2) the plan does not comply with the applicable provisions
of this Act; or
(3) the plan does not align with the State plan, including
failing to provide for alignment of the core programs to
support the strategy identified in the State plan in
accordance with section 102(b)(1)(E).
CHAPTER 3--BOARD PROVISIONS
SEC. 111. FUNDING OF STATE AND LOCAL BOARDS.
(a) State Boards.--In funding a State board under this
subtitle, a State--
(1) shall use funds available as described in section
129(b)(3) or 134(a)(3)(B); and
(2) may use non-Federal funds available to the State that
the State determines are appropriate and available for that
use.
(b) Local Boards.--In funding a local board under this
subtitle, the chief elected official and local board for the
local area--
(1) shall use funds available as described in section
128(b)(4); and
(2) may use non-Federal funds available to the local area
that the chief elected official and local board determine are
appropriate and available for that use.
CHAPTER 4--PERFORMANCE ACCOUNTABILITY
SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) Purpose.--The purpose of this section is to establish
performance accountability measures that apply across the
core programs to assess the effectiveness of States and local
areas (for core programs described in subtitle B) in
achieving positive outcomes for individuals served by those
programs.
(b) State Performance Accountability Measures.--
(1) In general.--For each State, the performance
accountability measures for the core programs shall consist
of--
(A)(i) the primary indicators of performance described in
paragraph (2)(A); and
(ii) the additional indicators of performance (if any)
identified by the State under paragraph (2)(B); and
(B) a State adjusted level of performance for each
indicator described in subparagraph (A).
(2) Indicators of performance.--
(A) Primary indicators of performance.--
(i) In general.--The State primary indicators of
performance for activities provided under the adult and
dislocated worker programs authorized under chapter 3 of
subtitle B, the program of adult education and literacy
activities authorized under title II, the employment services
program authorized under sections 1 through 13 of the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses
(IV) and (V) shall not apply to such program), and the
program authorized under title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.), other than section 112 or part
C of that title (29 U.S.C. 732, 741), shall consist of--
(I) the percentage of program participants who are in
unsubsidized employment during the second quarter after exit
from the program;
(II) the percentage of program participants who are in
unsubsidized employment during the fourth quarter after exit
from the program;
(III) the median earnings of program participants who are
in unsubsidized employment during the second quarter after
exit from the program;
(IV) the percentage of program participants who obtain a
recognized postsecondary credential, or a secondary school
diploma or its recognized equivalent (subject to clause
(iii)), during participation in or within 1 year after exit
from the program;
(V) the percentage of program participants who, during a
program year, are in an education or training program that
leads to a recognized postsecondary credential or employment
and who are achieving measurable skill gains toward such a
credential or employment; and
(VI) the indicators of effectiveness in serving employers
established pursuant to clause (iv).
(ii) Primary indicators for eligible youth.--The primary
indicators of performance for the youth program authorized
under chapter 2 of subtitle B shall consist of--
(I) the percentage of program participants who are in
education or training activities, or in unsubsidized
employment, during the second quarter after exit from the
program;
(II) the percentage of program participants who are in
education or training activities, or in unsubsidized
employment, during the fourth quarter after exit from the
program; and
(III) the primary indicators of performance described in
subclauses (III) through (VI) of subparagraph (A)(i).
(iii) Indicator relating to credential.--For purposes of
clause (i)(IV), or clause (ii)(III) with respect to clause
(i)(IV), program participants who obtain a secondary school
diploma or its recognized equivalent shall be included in the
percentage counted as meeting the criterion under such clause
only if such participants, in addition to obtaining such
diploma or its recognized equivalent, have obtained or
retained employment or are in an education or training
program leading to a recognized postsecondary credential
within 1 year after exit from the program.
(iv) Indicator for services to employers.--Prior to the
commencement of the second full program year after the date
of enactment of this Act, for purposes of clauses (i)(VI), or
clause (ii)(III) with respect to clause (i)(IV), the
Secretary of Labor and the Secretary of Education, after
consultation with the representatives described in paragraph
(4)(B), shall jointly develop and establish, for purposes of
this subparagraph, 1 or more primary indicators of
performance that indicate the effectiveness of the core
programs in serving employers.
(B) Additional indicators.--A State may identify in the
State plan additional performance accountability indicators.
(3) Levels of performance.--
(A) State adjusted levels of performance for primary
indicators.--
(i) In general.--For each State submitting a State plan,
there shall be established, in accordance with this
subparagraph, levels of performance for each of the
corresponding primary indicators of performance described in
paragraph (2) for each of the programs described in clause
(ii).
(ii) Included programs.--The programs included under clause
(i) are--
(I) the youth program authorized under chapter 2 of
subtitle B;
(II) the adult program authorized under chapter 3 of
subtitle B;
(III) the dislocated worker program authorized under
chapter 3 of subtitle B;
(IV) the program of adult education and literacy activities
authorized under title II;
(V) the employment services program authorized under
sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49
et seq.); and
(VI) the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741).
(iii) Identification in state plan.--Each State shall
identify, in the State plan, expected levels of performance
for each of the corresponding primary indicators of
performance for each of the programs described in clause (ii)
for the first 2 program years covered by the State plan.
(iv) Agreement on state adjusted levels of performance.--
(I) First 2 years.--The State shall reach agreement with
the Secretary of Labor, in conjunction with the Secretary of
Education on levels of performance for each indicator
described in clause (iii) for each of the programs described
in clause (ii) for each of the first 2 program years covered
by the State plan. In reaching the agreement, the State and
the Secretary of Labor in conjunction with the Secretary of
Education shall take into account the levels identified in
the State plan under clause (iii) and the factors described
in clause (v). The levels agreed to shall be considered to be
the State adjusted levels of performance for the State for
such program years and shall be incorporated into the State
plan prior to the approval of such plan.
(II) Third and fourth year.--The State and the Secretary of
Labor, in conjunction with the Secretary of Education, shall
reach agreement, prior to the third program year covered by
the State plan, on levels of performance for each indicator
described in clause (iii) for each of the programs described
in clause (ii) for each of the third and fourth program years
covered by the State plan. In reaching the agreement, the
State and Secretary of Labor, in conjunction with the
Secretary of Education, shall take into account the factors
described in clause (v). The levels agreed to shall be
considered to be the State adjusted levels of performance for
the State for such program years and shall be incorporated
into the State plan as a modification to the plan.
(v) Factors.--In reaching the agreements described in
clause (iv), the State and Secretaries shall--
(I) take into account how the levels involved compare with
the State adjusted levels of performance established for
other States;
(II) ensure that the levels involved are adjusted, using
the objective statistical model established by the
Secretaries pursuant to clause (viii), based on--
(aa) the differences among States in actual economic
conditions (including differences in unemployment rates and
job losses or gains in particular industries); and
(bb) the characteristics of participants when the
participants entered the program involved, including
indicators of poor work history, lack of work experience,
lack of educational or occupational skills attainment,
dislocation from high-wage and high-benefit employment, low
levels of literacy or English proficiency, disability status,
homelessness, ex-offender status, and welfare dependency;
(III) take into account the extent to which the levels
involved promote continuous improvement
[[Page H5900]]
in performance accountability on the performance
accountability measures by such State and ensure optimal
return on the investment of Federal funds; and
(IV) take into account the extent to which the levels
involved will assist the State in meeting the goals described
in clause (vi).
(vi) Goals.--In order to promote enhanced performance
outcomes and to facilitate the process of reaching agreements
with the States under clause (iv), the Secretary of Labor, in
conjunction with the Secretary of Education, shall establish
performance goals for the core programs, in accordance with
the Government Performance and Results Act of 1993 (Public
Law 103-62; 107 Stat. 285) and the amendments made by that
Act, and in consultation with States and other appropriate
parties. Such goals shall be long-term goals for the adjusted
levels of performance to be achieved by each of the programs
described in clause (ii) regarding the corresponding primary
indicators of performance described in paragraph (2)(A).
(vii) Revisions based on economic conditions and
individuals served during the program year.--The Secretary of
Labor, in conjunction with the Secretary of Education, shall,
in accordance with the objective statistical model developed
pursuant to clause (viii), revise the State adjusted levels
of performance applicable for each of the programs described
in clause (ii), for a program year and a State, to reflect
the actual economic conditions and characteristics of
participants (as described in clause (v)(II)) in that program
during such program year in such State.
(viii) Statistical adjustment model.--The Secretary of
Labor and the Secretary of Education, after consultation with
the representatives described in paragraph (4)(B), shall
develop and disseminate an objective statistical model that
will be used to make the adjustments in the State adjusted
levels of performance for actual economic conditions and
characteristics of participants under clauses (v) and (vii).
(B) Levels of performance for additional indicators.--The
State may identify, in the State plan, State levels of
performance for each of the additional indicators identified
under paragraph (2)(B). Such levels shall be considered to be
State adjusted levels of performance for purposes of this
section.
(4) Definitions of indicators of performance.--
(A) In general.--In order to ensure nationwide
comparability of performance data, the Secretary of Labor and
the Secretary of Education, after consultation with
representatives described in subparagraph (B), shall issue
definitions for the indicators described in paragraph (2).
(B) Representatives.--The representatives referred to in
subparagraph (A) are representatives of States and political
subdivisions, business and industry, employees, eligible
providers of activities carried out through the core
programs, educators, researchers, participants, the lead
State agency officials with responsibility for the programs
carried out through the core programs, individuals with
expertise in serving individuals with barriers to employment,
and other interested parties.
(c) Local Performance Accountability Measures for Subtitle
B.--
(1) In general.--For each local area in a State designated
under section 106, the local performance accountability
measures for each of the programs described in subclauses (I)
through (III) of subsection (b)(3)(A)(ii) shall consist of--
(A)(i) the primary indicators of performance described in
subsection (b)(2)(A) that are applicable to such programs;
and
(ii) additional indicators of performance, if any,
identified by the State for such programs under subsection
(b)(2)(B); and
(B) the local level of performance for each indicator
described in subparagraph (A).
(2) Local level of performance.--The local board, the chief
elected official, and the Governor shall negotiate and reach
agreement on local levels of performance based on the State
adjusted levels of performance established under subsection
(b)(3)(A).
(3) Adjustment factors.--In negotiating the local levels of
performance, the local board, the chief elected official, and
the Governor shall make adjustments for the expected economic
conditions and the expected characteristics of participants
to be served in the local area, using the statistical
adjustment model developed pursuant to subsection
(b)(3)(A)(viii). In addition, the negotiated local levels of
performance applicable to a program year shall be revised to
reflect the actual economic conditions experienced and the
characteristics of the populations served in the local area
during such program year using the statistical adjustment
model.
(d) Performance Reports.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Labor, in conjunction
with the Secretary of Education, shall develop a template for
performance reports that shall be used by States, local
boards, and eligible providers of training services under
section 122 to report on outcomes achieved by the core
programs. In developing such templates, the Secretary of
Labor, in conjunction with the Secretary of Education, will
take into account the need to maximize the value of the
templates for workers, jobseekers, employers, local elected
officials, State officials, Federal policymakers, and other
key stakeholders.
(2) Contents of state performance reports.--The performance
report for a State shall include, subject to paragraph
(5)(C)--
(A) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the
programs described in subsection (b)(3)(A)(ii) and the State
adjusted levels of performance with respect to such
indicators for each program;
(B) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the
programs described in subsection (b)(3)(A)(ii) with respect
to individuals with barriers to employment, disaggregated by
each subpopulation of such individuals, and by race,
ethnicity, sex, and age;
(C) the total number of participants served by each of the
programs described in subsection (b)(3)(A)(ii);
(D) the number of participants who received career and
training services, respectively, during the most recent
program year and the 3 preceding program years, and the
amount of funds spent on each type of service;
(E) the number of participants who exited from career and
training services, respectively, during the most recent
program year and the 3 preceding program years;
(F) the average cost per participant of those participants
who received career and training services, respectively,
during the most recent program year and the 3 preceding
program years;
(G) the percentage of participants in a program authorized
under this subtitle who received training services and
obtained unsubsidized employment in a field related to the
training received;
(H) the number of individuals with barriers to employment
served by each of the programs described in subsection
(b)(3)(A)(ii), disaggregated by each subpopulation of such
individuals;
(I) the number of participants who are enrolled in more
than 1 of the programs described in subsection (b)(3)(A)(ii);
(J) the percentage of the State's annual allotment under
section 132(b) that the State spent on administrative costs;
(K) in the case of a State in which local areas are
implementing pay-for-performance contract strategies for
programs--
(i) the performance of service providers entering into
contracts for such strategies, measured against the levels of
performance specified in the contracts for such strategies;
and
(ii) an evaluation of the design of the programs and
performance of the strategies, and, where possible, the level
of satisfaction with the strategies among employers and
participants benefitting from the strategies; and
(L) other information that facilitates comparisons of
programs with programs in other States.
(3) Contents of local area performance reports.--The
performance reports for a local area shall include, subject
to paragraph (6)(C)--
(A) the information specified in subparagraphs (A) through
(L) of paragraph (2), for each of the programs described in
subclauses (I) through (III) of subsection (b)(3)(A)(ii);
(B) the percentage of the local area's allocation under
sections 128(b) and 133(b) that the local area spent on
administrative costs; and
(C) other information that facilitates comparisons of
programs with programs in other local areas (or planning
regions, as appropriate).
(4) Contents of eligible training providers performance
reports.--The performance report for an eligible provider of
training services under section 122 shall include, subject to
paragraph (6)(C), with respect to each program of study (or
the equivalent) of such provider--
(A) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) with respect to all individuals
engaging in the program of study (or the equivalent);
(B) the total number of individuals exiting from the
program of study (or the equivalent);
(C) the total number of participants who received training
services through each of the adult program and the dislocated
worker program authorized under chapter 3 of subtitle B,
disaggregated by the type of entity that provided the
training, during the most recent program year and the 3
preceding program years;
(D) the total number of participants who exited from
training services, disaggregated by the type of entity that
provided the training, during the most recent program year
and the 3 preceding program years;
(E) the average cost per participant for the participants
who received training services, disaggregated by the type of
entity that provided the training, during the most recent
program year and the 3 preceding program years; and
(F) the number of individuals with barriers to employment
served by each of the adult program and the dislocated worker
program authorized under chapter 3 of subtitle B,
disaggregated by each subpopulation of such individuals, and
by race, ethnicity, sex, and age.
(5) Data validation.--In preparing the State reports
described in this subsection, each State shall establish
procedures, consistent with guidelines issued by the
Secretary, in conjunction with the Secretary of Education, to
ensure the information contained in the reports is valid and
reliable.
(6) Publication.--
(A) State performance reports.--The Secretary of Labor and
the Secretary of Education shall annually make available
(including by electronic means), in an easily understandable
format, the performance reports for States containing the
information described in paragraph (2).
(B) Local area and eligible training provider performance
reports.--The State shall make available (including by
electronic means), in an easily understandable format, the
performance reports for the local areas containing the
information described in paragraph (3) and the performance
reports for eligible providers of training services
containing the information described in paragraph (4).
(C) Rules for reporting of data.--The disaggregation of
data under this subsection
[[Page H5901]]
shall not be required when the number of participants in a
category is insufficient to yield statistically reliable
information or when the results would reveal personally
identifiable information about an individual participant.
(D) Dissemination to congress.--The Secretary of Labor and
the Secretary of Education shall make available (including by
electronic means) a summary of the reports, and the reports,
required under this subsection to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate. The Secretaries shall prepare and make available with
the reports a set of recommendations for improvements in and
adjustments to pay-for-performance contract strategies used
under subtitle B.
(e) Evaluation of State Programs.--
(1) In general.--Using funds authorized under a core
program and made available to carry out this section, the
State, in coordination with local boards in the State and the
State agencies responsible for the administration of the core
programs, shall conduct ongoing evaluations of activities
carried out in the State under such programs. The State,
local boards, and State agencies shall conduct the
evaluations in order to promote, establish, implement, and
utilize methods for continuously improving core program
activities in order to achieve high-level performance within,
and high-level outcomes from, the workforce development
system. The State shall coordinate the evaluations with the
evaluations provided for by the Secretary of Labor and the
Secretary of Education under section 169, section
242(c)(2)(D), and sections 12(a)(5), 14, and 107 of the
Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727)
(applied with respect to programs carried out under title I
of that Act (29 U.S.C. 720 et seq.)) and the investigations
provided for by the Secretary of Labor under section 10(b) of
the Wagner-Peyser Act (29 U.S.C. 49i(b)).
(2) Design.--The evaluations conducted under this
subsection shall be designed in conjunction with the State
board, State agencies responsible for the administration of
the core programs, and local boards and shall include
analysis of customer feedback and outcome and process
measures in the statewide workforce development system. The
evaluations shall use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups.
(3) Results.--The State shall annually prepare, submit to
the State board and local boards in the State, and make
available to the public (including by electronic means),
reports containing the results of evaluations conducted under
this subsection, to promote the efficiency and effectiveness
of the workforce development system.
(4) Cooperation with federal evaluations.--The State shall,
to the extent practicable, cooperate in the conduct of
evaluations (including related research projects) provided
for by the Secretary of Labor or the Secretary of Education
under the provisions of Federal law identified in paragraph
(1). Such cooperation shall include the provision of data (in
accordance with appropriate privacy protections established
by the Secretary of Labor), the provision of responses to
surveys, and allowing site visits in a timely manner, for the
Secretaries or their agents.
(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
(1) States.--
(A) Technical assistance.--If a State fails to meet the
State adjusted levels of performance relating to indicators
described in subsection (b)(2)(A) for a program for any
program year, the Secretary of Labor and the Secretary of
Education shall provide technical assistance, including
assistance in the development of a performance improvement
plan.
(B) Reduction in amount of grant.--If such failure
continues for a second consecutive year, or (except in the
case of exceptional circumstances as determined by the
Secretary of Labor or the Secretary of Education, as
appropriate) a State fails to submit a report under
subsection (d) for any program year, the percentage of each
amount that would (in the absence of this paragraph) be
reserved by the Governor under section 128(a) for the
immediately succeeding program year shall be reduced by 5
percentage points until such date as the Secretary of Labor
or the Secretary of Education, as appropriate, determines
that the State meets such State adjusted levels of
performance and has submitted such reports for the
appropriate program years.
(g) Sanctions for Local Area Failure To Meet Local
Performance Accountability Measures.--
(1) Technical assistance.--If a local area fails to meet
local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker
program authorized under chapter 2 or 3 of subtitle B for a
program described in subsection (d)(2)(A) for any program
year, the Governor, or upon request by the Governor, the
Secretary of Labor, shall provide technical assistance, which
may include assistance in the development of a performance
improvement plan or the development of a modified local plan
(or regional plan).
(2) Corrective actions.--
(A) In general.--If such failure continues for a third
consecutive year, the Governor shall take corrective actions,
which shall include development of a reorganization plan
through which the Governor shall--
(i) require the appointment and certification of a new
local board, consistent with the criteria established under
section 107(b);
(ii) prohibit the use of eligible providers and one-stop
partners identified as achieving a poor level of performance;
or
(iii) take such other significant actions as the Governor
determines are appropriate.
(B) Appeal by local area.--
(i) Appeal to governor.--The local board and chief elected
official for a local area that is subject to a reorganization
plan under subparagraph (A) may, not later than 30 days after
receiving notice of the reorganization plan, appeal to the
Governor to rescind or revise such plan. In such case, the
Governor shall make a final decision not later than 30 days
after the receipt of the appeal.
(ii) Subsequent action.--The local board and chief elected
official for a local area may, not later than 30 days after
receiving a decision from the Governor pursuant to clause
(i), appeal such decision to the Secretary of Labor. In such
case, the Secretary shall make a final decision not later
than 30 days after the receipt of the appeal.
(C) Effective date.--The decision made by the Governor
under subparagraph (B)(i) shall become effective at the time
the Governor issues the decision pursuant to such clause.
Such decision shall remain effective unless the Secretary of
Labor rescinds or revises such plan pursuant to subparagraph
(B)(ii).
(h) Establishing Pay-for-Performance Contract Strategy
Incentives.--Using non-Federal funds, the Governor may
establish incentives for local boards to implement pay-for-
performance contract strategies for the delivery of training
services described in section 134(c)(3) or activities
described in section 129(c)(2) in the local areas served by
the local boards.
(i) Fiscal and Management Accountability Information
Systems.--
(1) In general.--Using funds authorized under a core
program and made available to carry out this chapter, the
Governor, in coordination with the State board, the State
agencies administering the core programs, local boards, and
chief elected officials in the State, shall establish and
operate a fiscal and management accountability information
system based on guidelines established by the Secretary of
Labor and the Secretary of Education after consultation with
the Governors of States, chief elected officials, and one-
stop partners. Such guidelines shall promote efficient
collection and use of fiscal and management information for
reporting and monitoring the use of funds authorized under
the core programs and for preparing the annual report
described in subsection (d).
(2) Wage records.--In measuring the progress of the State
on State and local performance accountability measures, a
State shall utilize quarterly wage records, consistent with
State law. The Secretary of Labor shall make arrangements,
consistent with State law, to ensure that the wage records of
any State are available to any other State to the extent that
such wage records are required by the State in carrying out
the State plan of the State or completing the annual report
described in subsection (d).
(3) Confidentiality.--In carrying out the requirements of
this Act, the State shall comply with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
Subtitle B--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) In General.--Consistent with an approved State plan,
the local board for a local area, with the agreement of the
chief elected official for the local area, shall--
(1) develop and enter into the memorandum of understanding
described in subsection (c) with one-stop partners;
(2) designate or certify one-stop operators under
subsection (d); and
(3) conduct oversight with respect to the one-stop delivery
system in the local area.
(b) One-stop Partners.--
(1) Required partners.--
(A) Roles and responsibilities of one-stop partners.--Each
entity that carries out a program or activities described in
subparagraph (B) in a local area shall--
(i) provide access through the one-stop delivery system to
such program or activities carried out by the entity,
including making the career services described in section
134(c)(2) that are applicable to the program or activities
available at the one-stop centers (in addition to any other
appropriate locations);
(ii) use a portion of the funds available for the program
and activities to maintain the one-stop delivery system,
including payment of the infrastructure costs of one-stop
centers in accordance with subsection (h);
(iii) enter into a local memorandum of understanding with
the local board, relating to the operation of the one-stop
system, that meets the requirements of subsection (c);
(iv) participate in the operation of the one-stop system
consistent with the terms of the memorandum of understanding,
the requirements of this title, and the requirements of the
Federal laws authorizing the program or activities; and
(v) provide representation on the State board to the extent
provided under section 101.
(B) Programs and activities.--The programs and activities
referred to in subparagraph (A) consist of--
(i) programs authorized under this title;
(ii) programs authorized under the Wagner-Peyser Act (29
U.S.C. 49 et seq.);
(iii) adult education and literacy activities authorized
under title II;
(iv) programs authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other
than section 112 or part C of title I of such Act (29 U.S.C.
732, 741);
(v) activities authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.);
[[Page H5902]]
(vi) career and technical education programs at the
postsecondary level authorized under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.);
(vii) activities authorized under chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2271 et seq.);
(viii) activities authorized under chapter 41 of title 38,
United States Code;
(ix) employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.);
(x) employment and training activities carried out by the
Department of Housing and Urban Development;
(xi) programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law);
(xii) programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532); and
(xiii) programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), subject to
subparagraph (C).
(C) Determination by the governor.--
(i) In general.--An entity that carries out a program
referred to in subparagraph (B)(xiii) shall be included in
the one-stop partners for the local area, as a required
partner, for purposes of this Act and the other core program
provisions that are not part of this Act, unless the Governor
provides the notification described in clause (ii).
(ii) Notification.--The notification referred to in clause
(i) is a notification that--
(I) is made in writing of a determination by the Governor
not to include such entity in the one-stop partners described
in clause (i); and
(II) is provided to the Secretary of Labor (referred to in
this subtitle, and subtitles C through E, as the
``Secretary'') and the Secretary of Health and Human
Services.
(2) Additional partners.--
(A) In general.--With the approval of the local board and
chief elected official, in addition to the entities described
in paragraph (1), other entities that carry out workforce
development programs described in subparagraph (B) may be
one-stop partners for the local area and carry out the
responsibilities described in paragraph (1)(A).
(B) Programs.--The programs referred to in subparagraph (A)
may include--
(i) employment and training programs administered by the
Social Security Administration, including the Ticket to Work
and Self-Sufficiency Program established under section 1148
of the Social Security Act (42 U.S.C. 1320b-19);
(ii) employment and training programs carried out by the
Small Business Administration;
(iii) programs authorized under section 6(d)(4) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4));
(iv) work programs authorized under section 6(o) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(o));
(v) programs carried out under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732);
(vi) programs authorized under the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.); and
(vii) other appropriate Federal, State, or local programs,
including employment, education, and training programs
provided by public libraries or in the private sector.
(c) Memorandum of Understanding.--
(1) Development.--The local board, with the agreement of
the chief elected official, shall develop and enter into a
memorandum of understanding (between the local board and the
one-stop partners), consistent with paragraph (2), concerning
the operation of the one-stop delivery system in the local
area.
(2) Contents.--Each memorandum of understanding shall
contain--
(A) provisions describing--
(i) the services to be provided through the one-stop
delivery system consistent with the requirements of this
section, including the manner in which the services will be
coordinated and delivered through such system;
(ii) how the costs of such services and the operating costs
of such system will be funded, including--
(I) funding through cash and in-kind contributions (fairly
evaluated), which contributions may include funding from
philanthropic organizations or other private entities, or
through other alternative financing options, to provide a
stable and equitable funding stream for ongoing one-stop
delivery system operations; and
(II) funding of the infrastructure costs of one-stop
centers in accordance with subsection (h);
(iii) methods of referral of individuals between the one-
stop operator and the one-stop partners for appropriate
services and activities;
(iv) methods to ensure the needs of workers and youth, and
individuals with barriers to employment, including
individuals with disabilities, are addressed in the provision
of necessary and appropriate access to services, including
access to technology and materials, made available through
the one-stop delivery system; and
(v) the duration of the memorandum of understanding and the
procedures for amending the memorandum during the duration of
the memorandum, and assurances that such memorandum shall be
reviewed not less than once every 3-year period to ensure
appropriate funding and delivery of services; and
(B) such other provisions, consistent with the requirements
of this title, as the parties to the agreement determine to
be appropriate.
(d) One-stop Operators.--
(1) Local designation and certification.--Consistent with
paragraphs (2) and (3), the local board, with the agreement
of the chief elected official, is authorized to designate or
certify one-stop operators and to terminate for cause the
eligibility of such operators.
(2) Eligibility.--To be eligible to receive funds made
available under this subtitle to operate a one-stop center
referred to in subsection (e), an entity (which may be a
consortium of entities)--
(A) shall be designated or certified as a one-stop operator
through a competitive process; and
(B) shall be an entity (public, private, or nonprofit), or
consortium of entities (including a consortium of entities
that, at a minimum, includes 3 or more of the one-stop
partners described in subsection (b)(1)), of demonstrated
effectiveness, located in the local area, which may include--
(i) an institution of higher education;
(ii) an employment service State agency established under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.), on behalf of
the local office of the agency;
(iii) a community-based organization, nonprofit
organization, or intermediary;
(iv) a private for-profit entity;
(v) a government agency; and
(vi) another interested organization or entity, which may
include a local chamber of commerce or other business
organization, or a labor organization.
(3) Exception.--Elementary schools and secondary schools
shall not be eligible for designation or certification as
one-stop operators, except that nontraditional public
secondary schools and area career and technical education
schools may be eligible for such designation or
certification.
(4) Additional requirements.--The State and local boards
shall ensure that in carrying out activities under this
title, one-stop operators--
(A) disclose any potential conflicts of interest arising
from the relationships of the operators with particular
training service providers or other service providers;
(B) do not establish practices that create disincentives to
providing services to individuals with barriers to employment
who may require longer-term services, such as intensive
employment, training, and education services; and
(C) comply with Federal regulations, and procurement
policies, relating to the calculation and use of profits.
(e) Establishment of One-stop Delivery System.--
(1) In general.--There shall be established in each local
area in a State that receives an allotment under section
132(b) a one-stop delivery system, which shall--
(A) provide the career services described in section
134(c)(2);
(B) provide access to training services as described in
section 134(c)(3), including serving as the point of access
to training services for participants in accordance with
section 134(c)(3)(G);
(C) provide access to the employment and training
activities carried out under section 134(d), if any;
(D) provide access to programs and activities carried out
by one-stop partners described in subsection (b); and
(E) provide access to the data, information, and analysis
described in section 15(a) of the Wagner-Peyser Act (29
U.S.C. 49l-2(a)) and all job search, placement, recruitment,
and other labor exchange services authorized under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(2) One-stop delivery.--The one-stop delivery system--
(A) at a minimum, shall make each of the programs,
services, and activities described in paragraph (1)
accessible at not less than 1 physical center in each local
area of the State; and
(B) may also make programs, services, and activities
described in paragraph (1) available--
(i) through a network of affiliated sites that can provide
1 or more of the programs, services, and activities to
individuals; and
(ii) through a network of eligible one-stop partners--
(I) in which each partner provides 1 or more of the
programs, services, and activities to such individuals and is
accessible at an affiliated site that consists of a physical
location or an electronically or technologically linked
access point; and
(II) that assures individuals that information on the
availability of the career services will be available
regardless of where the individuals initially enter the
statewide workforce development system, including information
made available through an access point described in subclause
(I);
(C) may have specialized centers to address special needs,
such as the needs of dislocated workers, youth, or key
industry sectors or clusters; and
(D) as applicable and practicable, shall make programs,
services, and activities accessible to individuals through
electronic means in a manner that improves efficiency,
coordination, and quality in the delivery of one-stop partner
services.
(3) Colocation of wagner-peyser services.--Consistent with
section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)), and
in order to improve service delivery, avoid duplication of
services, and enhance coordination of services, including
location of staff to ensure access to services in underserved
areas, the employment service offices in each State shall be
colocated with one-stop centers established under this title.
(4) Use of common one-stop delivery system identifier.--In
addition to using any State or locally developed identifier,
each one-stop delivery system shall include in the
identification of products, programs, activities, services,
facilities, and related property and materials, a common one-
stop delivery system identifier. The identifier shall be
developed by the Secretary, in consultation with heads of
other appropriate departments and agencies, and
representatives of State boards and local boards and of other
stakeholders in the one-stop delivery system, not
[[Page H5903]]
later than the beginning of the second full program year
after the date of enactment of this Act. Such common
identifier may consist of a logo, phrase, or other identifier
that informs users of the one-stop delivery system that such
products, programs, activities, services, facilities,
property, or materials are being provided through such
system. Nothing in this paragraph shall be construed to
prohibit one-stop partners, States, or local areas from
having additional identifiers.
(f) Application to Certain Vocational Rehabilitation
Programs.--
(1) Limitation.--Nothing in this section shall be construed
to apply to part C of title I of the Rehabilitation Act of
1973 (29 U.S.C. 741).
(2) Client assistance.--Nothing in this Act shall be
construed to require that any entity carrying out a client
assistance program authorized under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732)--
(A) be included as a mandatory one-stop partner under
subsection (b)(1); or
(B) if the entity is included as an additional one-stop
partner under subsection (b)(2)--
(i) violate the requirement of section 112(c)(1)(A) of that
Act (29 U.S.C. 732(c)(1)(A)) that the entity be independent
of any agency that provides treatment, services, or
rehabilitation to individuals under that Act; or
(ii) carry out any activity not authorized under section
112 of that Act (including appropriate Federal regulations).
(g) Certification and Continuous Improvement of One-stop
Centers.--
(1) In general.--In order to be eligible to receive
infrastructure funding described in subsection (h), the State
board, in consultation with chief elected officials and local
boards, shall establish objective criteria and procedures for
use by local boards in assessing at least once every 3 years
the effectiveness, physical and programmatic accessibility in
accordance with section 188, if applicable, and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq), and
continuous improvement of one-stop centers and the one-stop
delivery system, consistent with the requirements of section
101(d)(6).
(2) Criteria.--The criteria and procedures developed under
this subsection shall include standards relating to service
coordination achieved by the one-stop delivery system with
respect to the programs administered by the one-stop partners
at the one-stop centers. Such criteria and procedures shall--
(A) be developed in a manner that is consistent with the
guidelines, guidance, and policies provided by the Governor
and by the State board, in consultation with the chief
elected officials and local boards, for such partners'
participation under subsections (h)(1) and (i); and
(B) include such factors relating to the effectiveness,
accessibility, and improvement of the one-stop delivery
system as the State board determines to be appropriate,
including at a minimum how well the one-stop center--
(i) supports the achievement of the negotiated local levels
of performance for the indicators of performance described in
section 116(b)(2) for the local area;
(ii) integrates available services; and
(iii) meets the workforce development and employment needs
of local employers and participants.
(3) Local criteria.--Consistent with the criteria developed
under paragraph (1) by the State, a local board in the State
may develop additional criteria (or higher levels of service
coordination than required for the State-developed criteria)
relating to service coordination achieved by the one-stop
delivery system, for purposes of assessments described in
paragraph (1), in order to respond to labor market, economic,
and demographic, conditions and trends in the local area.
(4) Effect of certification.--One-stop centers certified
under this subsection shall be eligible to receive the
infrastructure funding described in subsection (h).
(5) Review and update.--The criteria and procedures
established under this subsection shall be reviewed and
updated by the State board or the local board, as the case
may be, as part of the biennial process for review and
modification of State and local plans described in sections
102(c)(2) and 108(a).
(h) Funding of One-stop Infrastructure.--
(1) In general.--
(A) Options for infrastructure funding.--
(i) Local options.--The local board, chief elected
officials, and one-stop partners described in subsection
(b)(1) in a local area may fund the costs of infrastructure
of one-stop centers in the local area through--
(I) methods agreed on by the local board, chief elected
officials, and one-stop partners (and described in the
memorandum of understanding described in subsection (c)); or
(II) if no consensus agreement on methods is reached under
subclause (I), the State infrastructure funding mechanism
described in paragraph (2).
(ii) Failure to reach consensus agreement on funding
methods.--Beginning July 1, 2016, if the local board, chief
elected officials, and one-stop partners described in
subsection (b)(1) in a local area fail to reach consensus
agreement on methods of sufficiently funding the costs of
infrastructure of one-stop centers for a program year, the
State infrastructure funding mechanism described in paragraph
(2) shall be applicable to such local area for that program
year and for each subsequent program year for which those
entities and individuals fail to reach such agreement.
(B) Guidance for infrastructure funding.--In addition to
carrying out the requirements relating to the State
infrastructure funding mechanism described in paragraph (2),
the Governor, after consultation with chief elected
officials, local boards, and the State board, and consistent
with the guidance and policies provided by the State board
under subparagraphs (B) and (C)(i) of section 101(d)(7),
shall provide, for the use of local areas under subparagraph
(A)(i)(I)--
(i) guidelines for State-administered one-stop partner
programs, for determining such programs' contributions to a
one-stop delivery system, based on such programs'
proportionate use of such system consistent with chapter II
of title 2, Code of Federal Regulations (or any corresponding
similar regulation or ruling), including determining funding
for the costs of infrastructure, which contributions shall be
negotiated pursuant to the memorandum of understanding under
subsection (c); and
(ii) guidance to assist local boards, chief elected
officials, and one-stop partners in local areas in
determining equitable and stable methods of funding the costs
of infrastructure of one-stop centers in such areas.
(2) State one-stop infrastructure funding.--
(A) Definition.--In this paragraph, the term ``covered
portion'', used with respect to funding for a fiscal year for
a program described in subsection (b)(1), means a portion
determined under subparagraph (C) of the Federal funds
provided to a State (including local areas within the State)
under the Federal law authorizing that program described in
subsection (b)(1) for the fiscal year (taking into account
the availability of funding for purposes related to
infrastructure from philanthropic organizations, private
entities, or other alternative financing options).
(B) Partner contributions.--Subject to subparagraph (D),
for local areas in a State that are not covered by paragraph
(1)(A)(i)(I), the covered portions of funding for a fiscal
year shall be provided to the Governor from the programs
described in subsection (b)(1), to assist in paying the costs
of infrastructure of one-stop centers in those local areas of
the State not adequately funded under the option described in
paragraph (1)(A)(i)(I).
(C) Determination of governor.--
(i) In general.--Subject to clause (ii) and subparagraph
(D), the Governor, after consultation with chief elected
officials, local boards, and the State board, shall determine
the portion of funds to be provided under subparagraph (B) by
each one-stop partner from each program described in
subparagraph (B). In making such determination for the
purpose of determining funding contributions, for funding
pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by
each partner, the Governor shall calculate amounts for the
proportionate use of the one-stop centers in the State,
consistent with chapter II of title 2, Code of Federal
Regulations (or any corresponding similar regulation or
ruling), taking into account the costs of administration of
the one-stop delivery system for purposes not related to one-
stop centers, for each partner. The Governor shall exclude
from such determination of funds the amounts for
proportionate use of one-stop centers attributable to the
programs of one-stop partners for those local areas of the
State where the costs of infrastructure of one-stop centers
are funded under the option described in paragraph
(1)(A)(i)(I). The Governor shall also take into account the
statutory requirements for each partner program and the
partner program's ability to fulfill such requirements.
(ii) Special rule.--In a State in which the State
constitution or a State statute places policymaking authority
that is independent of the authority of the Governor in an
entity or official with respect to the funds provided for
adult education and literacy activities authorized under
title II, postsecondary career and technical education
activities authorized under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), or
vocational rehabilitation services offered under a provision
covered by section 3(13)(D), the determination described in
clause (i) with respect to the programs authorized under that
title, Act, or provision shall be made by the chief officer
of the entity, or the official, with such authority in
consultation with the Governor.
(D) Limitations.--
(i) Provision from administrative funds.--
(I) In general.--Subject to subclause (II), the funds
provided under this paragraph by each one-stop partner shall
be provided only from funds available for the costs of
administration under the program administered by such
partner, and shall be subject to the program's limitations
with respect to the portion of funds under such program that
may be used for administration.
(II) Exceptions.--Nothing in this clause shall be construed
to apply to the programs carried out under this title, or
under title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(ii) Cap on required contributions.--For local areas in a
State that are not covered by paragraph (1)(A)(i)(I), the
following rules shall apply:
(I) Wia formula programs and employment service.--The
portion of funds required to be contributed under this
paragraph from a program authorized under chapter 2 or 3, or
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) shall not exceed
3 percent of the amount of Federal funds provided to carry
out that program in the State for a fiscal year.
(II) Other one-stop partners.--The portion of funds
required to be contributed under this paragraph from a
program described in subsection (b)(1) other than the
programs described in subclause (I) shall not exceed 1.5
percent of the amount of Federal funds provided to carry out
that program in the State for a fiscal year.
(III) Vocational rehabilitation.--Notwithstanding
subclauses (I) and (II), an entity administering a program
described in subsection (b)(1)(B)(iv) shall not be required
to provide from that program, under this paragraph, a portion
that exceeds--
(aa) 0.75 percent of the amount of Federal funds provided
to carry out such program in the
[[Page H5904]]
State for the second full program year that begins after the
date of enactment of this Act;
(bb) 1.0 percent of the amount provided to carry out such
program in the State for the third full program year that
begins after such date;
(cc) 1.25 percent of the amount provided to carry out such
program in the State for the fourth full program year that
begins after such date; and
(dd) 1.5 percent of the amount provided to carry out such
program in the State for the fifth and each succeeding full
program year that begins after such date.
(iii) Federal direct spending programs.--For local areas in
a State that are not covered by paragraph (1)(A)(i)(I), an
entity administering a program funded with direct spending as
defined in section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as in effect on
February 15, 2014 (2 U.S.C. 900(c)(8)) shall not be required
to provide, for purposes of this paragraph, an amount in
excess of the amount determined under subparagraph (C)(i) to
be equivalent to the cost of the proportionate use of the
one-stop centers for the one-stop partner for such program in
the State.
(iv) Native american programs.--One-stop partners for
Native American programs established under section 166 shall
not be subject to the provisions of this subsection (other
than this clause) or subsection (i). For purposes of
subsection (c)(2)(A)(ii)(II), the method for determining the
appropriate portion of funds to be provided by such partners
to pay for the costs of infrastructure of a one-stop center
shall be determined as part of the development of the
memorandum of understanding under subsection (c) for the one-
stop center and shall be stated in the memorandum.
(E) Appeal by one-stop partners.--The Governor shall
establish a process, described under section
102(b)(2)(D)(i)(IV), for a one-stop partner administering a
program described in subsection (b)(1) to appeal a
determination regarding the portion of funds to be provided
under this paragraph. Such a determination may be appealed
under the process on the basis that such determination is
inconsistent with the requirements of this paragraph. Such
process shall ensure prompt resolution of the appeal in order
to ensure the funds are distributed in a timely manner,
consistent with the requirements of section 182(e).
(3) Allocation by governor.--
(A) In general.--From the funds provided under paragraph
(1), the Governor shall allocate the funds to local areas
described in subparagraph (B) in accordance with the formula
established under subparagraph (B) for the purposes of
assisting in paying the costs of infrastructure of one-stop
centers.
(B) Allocation formula.--The State board shall develop a
formula to be used by the Governor to allocate the funds
provided under paragraph (1) to local areas not funding costs
of infrastructure under the option described in paragraph
(1)(A)(i)(I). The formula shall be based on factors including
the number of one-stop centers in a local area, the
population served by such centers, the services provided by
such centers, and other factors relating to the performance
of such centers that the State board determines are
appropriate.
(4) Costs of infrastructure.--In this subsection, the term
``costs of infrastructure'', used with respect to a one-stop
center, means the nonpersonnel costs that are necessary for
the general operation of the one-stop center, including the
rental costs of the facilities, the costs of utilities and
maintenance, equipment (including assessment-related products
and assistive technology for individuals with disabilities),
and technology to facilitate access to the one-stop center,
including the center's planning and outreach activities.
(i) Other Funds.--
(1) In general.--Subject to the memorandum of understanding
described in subsection (c) for the one-stop delivery system
involved, in addition to the funds provided to carry out
subsection (h), a portion of funds made available under
Federal law authorizing the programs described in subsection
(b) and administered by one-stop partners, or the noncash
resources available under such programs, shall be used to pay
the additional costs relating to the operation of the one-
stop delivery system that are not paid from the funds
provided under subsection (h), as determined in accordance
with paragraph (3), to the extent not inconsistent with the
Federal law involved. Such costs shall include the costs of
the provision of career services described in section
134(c)(2) applicable to each program and may include common
costs that are not paid from the funds provided under
subsection (h).
(2) Shared services.--The costs described under paragraph
(1) may include costs of services that are authorized for and
may be commonly provided through the one-stop partner
programs to any individual, such as initial intake,
assessment of needs, appraisal of basic skills,
identification of appropriate services to meet such needs,
referrals to other one-stop partners, and other similar
services.
(3) Determination and guidance.--The method for determining
the appropriate portion of funds and noncash resources to be
provided by the one-stop partner for each program under
paragraph (1) for a one-stop center shall be determined as
part of the development of the memorandum of understanding
under subsection (c) for the one-stop center and shall be
stated in the memorandum. The State board shall provide
guidance to facilitate the determination, for purposes of the
memorandum of understanding, of an appropriate allocation of
the funds and noncash resources in local areas, consistent
with the requirements of section 101(d)(6)(C).
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING
SERVICES.
(a) Eligibility.--
(1) In general.--Except as provided in subsection (h), the
Governor, after consultation with the State board, shall
establish criteria, information requirements, and procedures
regarding the eligibility of providers of training services
to receive funds provided under section 133(b) for the
provision of training services in local areas in the State.
(2) Providers.--Subject to the provisions of this section,
to be eligible to receive those funds for the provision of
training services, the provider shall be--
(A) an institution of higher education that provides a
program that leads to a recognized postsecondary credential;
(B) an entity that carries out programs registered under
the Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.); or
(C) another public or private provider of a program of
training services, which may include joint labor-management
organizations, and eligible providers of adult education and
literacy activities under title II if such activities are
provided in combination with occupational skills training.
(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall
comply with the criteria, information requirements, and
procedures established under this section to be included on
the list of eligible providers of training services described
in subsection (d). A provider described in paragraph (2)(B)
shall be included and maintained on the list of eligible
providers of training services described in subsection (d)
for so long as the corresponding program of the provider
remains registered as described in paragraph (2)(B).
(b) Criteria and Information Requirements.--
(1) State criteria.--In establishing criteria pursuant to
subsection (a), the Governor shall take into account each of
the following:
(A) The performance of providers of training services with
respect to--
(i) the performance accountability measures and other
matters for which information is required under paragraph
(2); and
(ii) other appropriate measures of performance outcomes
determined by the Governor for those participants receiving
training services under this subtitle (taking into
consideration the characteristics of the population served
and relevant economic conditions), and the outcomes of the
program through which those training services were provided
for students in general with respect to employment and
earnings as defined under section 116(b)(2).
(B) The need to ensure access to training services
throughout the State, including in rural areas, and through
the use of technology.
(C) Information reported to State agencies with respect to
Federal and State programs involving training services (other
than the program carried out under this subtitle), including
one-stop partner programs.
(D) The degree to which the training programs of such
providers relate to in-demand industry sectors and
occupations in the State.
(E) The requirements for State licensing of providers of
training services, and the licensing status of providers of
training services if applicable.
(F) Ways in which the criteria can encourage, to the extent
practicable, the providers to use industry-recognized
certificates or certifications.
(G) The ability of the providers to offer programs that
lead to recognized postsecondary credentials.
(H) The quality of a program of training services,
including a program of training services that leads to a
recognized postsecondary credential.
(I) The ability of the providers to provide training
services to individuals who are employed and individuals with
barriers to employment.
(J) Such other factors as the Governor determines are
appropriate to ensure--
(i) the accountability of the providers;
(ii) that the one-stop centers in the State will ensure
that such providers meet the needs of local employers and
participants;
(iii) the informed choice of participants among training
services providers; and
(iv) that the collection of information required to
demonstrate compliance with the criteria is not unduly
burdensome or costly to providers.
(2) State information requirements.--The information
requirements established by the Governor shall require that a
provider of training services submit appropriate, accurate,
and timely information to the State, to enable the State to
carry out subsection (d), with respect to participants
receiving training services under this subtitle in the
applicable program, including--
(A) information on the performance of the provider with
respect to the performance accountability measures described
in section 116 for such participants (taking into
consideration the characteristics of the population served
and relevant economic conditions), and information specifying
the percentage of such participants who entered unsubsidized
employment in an occupation related to the program, to the
extent practicable;
(B) information on recognized postsecondary credentials
received by such participants;
(C) information on cost of attendance, including costs of
tuition and fees, for participants in the program;
(D) information on the program completion rate for such
participants; and
(E) information on the criteria described in paragraph (1).
(3) Local criteria and information requirements.--A local
board in the State may
[[Page H5905]]
establish criteria and information requirements in addition
to the criteria and information requirements established by
the Governor, or may require higher levels of performance
than required for the criteria established by the Governor,
for purposes of determining the eligibility of providers of
training services to receive funds described in subsection
(a) for the provision of training services in the local area
involved.
(4) Criteria and information requirements to establish
initial eligibility.--
(A) Purpose.--The purpose of this paragraph is to enable
the providers of programs carried out under chapter 3 to
offer the highest quality training services and be responsive
to in-demand and emerging industries by providing training
services for those industries.
(B) Initial eligibility.--Providers may seek initial
eligibility under this paragraph as providers of training
services and may receive that initial eligibility for only 1
fiscal year for a particular program. The criteria and
information requirements established by the Governor under
this paragraph shall require that a provider who has not
previously been an eligible provider of training services
under this section (or section 122 of the Workforce
Investment Act of 1998, as in effect on the day before the
date of enactment of this Act) provide the information
described in subparagraph (C).
(C) Information.--The provider shall provide verifiable
program-specific performance information based on criteria
established by the State as described in subparagraph (D)
that supports the provider's ability to serve participants
under this subtitle.
(D) Criteria.--The criteria described in subparagraph (C)
shall include at least--
(i) a factor related to indicators described in section
116;
(ii) a factor concerning whether the provider is in a
partnership with business;
(iii) other factors that indicate high-quality training
services, including the factor described in paragraph (1)(H);
and
(iv) a factor concerning alignment of the training services
with in-demand industry sectors and occupations, to the
extent practicable.
(E) Provision.--The provider shall provide the information
described in subparagraph (C) to the Governor and the local
board in a manner that will permit the Governor and the local
board to make a decision on inclusion of the provider on the
list of eligible providers described in subsection (d).
(F) Limitation.--A provider that receives initial
eligibility under this paragraph for a program shall be
subject to the requirements under subsection (c) for that
program after such initial eligibility expires.
(c) Procedures.--
(1) Application procedures.--The procedures established
under subsection (a) shall identify the application process
for a provider of training services to become eligible to
receive funds provided under section 133(b) for the provision
of training services. The procedures shall identify the
respective roles of the State and local areas in receiving
and reviewing the applications and in making determinations
of such eligibility based on the criteria, information, and
procedures established under this section. The procedures
shall also establish a process for a provider of training
services to appeal a denial or termination of eligibility
under this section that includes an opportunity for a hearing
and prescribes appropriate time limits to ensure prompt
resolution of the appeal.
(2) Renewal procedures.--The procedures established by the
Governor shall also provide for biennial review and renewal
of eligibility under this section for providers of training
services.
(d) List and Information to Assist Participants in Choosing
Providers.--
(1) In general.--In order to facilitate and assist
participants in choosing employment and training activities
and in choosing providers of training services, the Governor
shall ensure that an appropriate list of providers determined
to be eligible under this section to offer a program in the
State (and, as appropriate, in a local area), accompanied by
information identifying the recognized postsecondary
credential offered by the provider and other appropriate
information, is prepared. The list shall be provided to the
local boards in the State, and made available to such
participants and to members of the public through the one-
stop delivery system in the State.
(2) Accompanying information.--The accompanying information
shall--
(A) with respect to providers described in subparagraphs
(A) and (C) of subsection (a)(2), consist of information
provided by such providers, disaggregated by local areas
served, as applicable, in accordance with subsection (b);
(B) with respect to providers described in subsection
(b)(4), consist of information provided by such providers in
accordance with subsection (b)(4); and
(C) such other information as the Governor determines to be
appropriate.
(3) Availability.--The list and the accompanying
information shall be made available to such participants and
to members of the public through the one-stop delivery system
in the State, in a manner that does not reveal personally
identifiable information about an individual participant.
(4) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding
a student, including a Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the parent or student in
compliance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
(e) Opportunity to Submit Comments.--In establishing, under
this section, criteria, information requirements, procedures,
and the list of eligible providers described in subsection
(d), the Governor shall provide an opportunity for interested
members of the public to make recommendations and submit
comments regarding such criteria, information requirements,
procedures, and list.
(f) Enforcement.--
(1) In general.--The procedures established under this
section shall provide the following:
(A) Intentionally supplying inaccurate information.--Upon a
determination, by an individual or entity specified in the
procedures, that a provider of training services, or
individual providing information on behalf of the provider,
violated this section (or section 122 of the Workforce
Investment Act of 1998, as in effect on the day before the
date of enactment of this Act) by intentionally supplying
inaccurate information under this section, the eligibility of
such provider to receive funds under chapter 3 shall be
terminated for a period of time that is not less than 2
years.
(B) Substantial violations.--Upon a determination, by an
individual or entity specified in the procedures, that a
provider of training services substantially violated any
requirement under this title (or title I of the Workforce
Investment Act of 1998, as in effect on the day before such
date of enactment), the eligibility of such provider to
receive funds under chapter 3 for the program involved shall
be terminated for a period of not less than 2 years.
(C) Repayment.--A provider of training services whose
eligibility is terminated under subparagraph (A) or (B) shall
be liable for the repayment of funds received under chapter 5
of subtitle B of title I of the Workforce Investment Act of
1998, as in effect on the day before such date of enactment,
or chapter 3 of this subtitle during a period of violation
described in such subparagraph.
(2) Construction.--Paragraph (1) shall be construed to
provide remedies and penalties that supplement, but shall not
supplant, civil and criminal remedies and penalties specified
in other provisions of law.
(g) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible
providers of training services to accept individual training
accounts provided in another State.
(h) On-the-job Training, Customized Training, Incumbent
Worker Training, and Other Training Exceptions.--
(1) In general.--Providers of on-the-job training,
customized training, incumbent worker training, internships,
and paid or unpaid work experience opportunities, or
transitional employment shall not be subject to the
requirements of subsections (a) through (f).
(2) Collection and dissemination of information.--A one-
stop operator in a local area shall collect such performance
information from providers of on-the-job training, customized
training, incumbent worker training, internships, paid or
unpaid work experience opportunities, and transitional
employment as the Governor may require, and use the
information to determine whether the providers meet such
performance criteria as the Governor may require. The one-
stop operator shall disseminate information identifying such
providers that meet the criteria as eligible providers, and
the performance information, through the one-stop delivery
system. Providers determined to meet the criteria shall be
considered to be identified as eligible providers of training
services.
(i) Transition Period for Implementation.--The Governor and
local boards shall implement the requirements of this section
not later than 12 months after the date of enactment of this
Act. In order to facilitate early implementation of this
section, the Governor may establish transition procedures
under which providers eligible to provide training services
under chapter 5 of subtitle B of title I of the Workforce
Investment Act of 1998, as such chapter was in effect on the
day before the date of enactment of this Act, may continue to
be eligible to provide such services until December 31, 2015,
or until such earlier date as the Governor determines to be
appropriate.
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE INVESTMENT
ACTIVITIES.
(a) In General.--From the funds allocated under section
128(b) to a local area, the local board for such area shall
award grants or contracts on a competitive basis to providers
of youth workforce investment activities identified based on
the criteria in the State plan (including such quality
criteria as the Governor shall establish for a training
program that leads to a recognized postsecondary credential),
and taking into consideration the ability of the providers to
meet performance accountability measures based on primary
indicators of performance for the youth program as described
in section 116(b)(2)(A)(ii)), as described in section
102(b)(2)(D)(i)(V), and shall conduct oversight with respect
to such providers.
(b) Exceptions.--A local board may award grants or
contracts on a sole-source basis if such board determines
there is an insufficient number of eligible providers of
youth workforce investment activities in the local area
involved (such as a rural area) for grants and contracts to
be awarded on a competitive basis under subsection (a).
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 126. GENERAL AUTHORIZATION.
The Secretary shall make an allotment under section
127(b)(1)(C) to each State that meets the requirements of
section 102 or 103 and a grant under section 127(b)(1)(B) to
each outlying area that complies with the requirements of
this title, to assist the State or outlying area, and to
enable the State or outlying area to assist local areas, for
the purpose of providing workforce investment activities for
eligible youth in the State or outlying area and in the local
areas.
[[Page H5906]]
SEC. 127. STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) for each fiscal year for which the amount appropriated
under section 136(a) exceeds $925,000,000, reserve 4 percent
of the excess amount to provide youth workforce investment
activities under section 167 (relating to migrant and
seasonal farmworkers); and
(2) use the remainder of the amount appropriated under
section 136(a) for a fiscal year to make allotments and
grants in accordance with subsection (b).
(b) Allotment Among States.--
(1) Youth workforce investment activities.--
(A) Native americans.--From the amount appropriated under
section 136(a) for a fiscal year that is not reserved under
subsection (a)(1), the Secretary shall reserve not more than
1\1/2\ percent of such amount to provide youth workforce
investment activities under section 166 (relating to Native
Americans).
(B) Outlying areas.--
(i) In general.--From the amount appropriated under section
136(a) for each fiscal year that is not reserved under
subsection (a)(1) and subparagraph (A), the Secretary shall
reserve not more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas to carry out youth
workforce investment activities and statewide workforce
investment activities.
(ii) Limitation for outlying areas.--
(I) Competitive grants.--The Secretary shall use funds
reserved under clause (i) to award grants to outlying areas
to carry out youth workforce investment activities and
statewide workforce investment activities.
(II) Award basis.--The Secretary shall award grants
pursuant to subclause (I) on a competitive basis and pursuant
to the recommendations of experts in the field of employment
and training, working through the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(III) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under subclause (I) to pay the administrative costs of the
Pacific Region Educational Laboratory in Honolulu, Hawaii,
regarding activities assisted under this clause.
(iii) Additional requirement.--The provisions of section
501 of Public Law 95-134 (48 U.S.C. 1469a), permitting the
consolidation of grants by the outlying areas, shall not
apply to assistance provided to those areas, including Palau,
under this subparagraph.
(C) States.--
(i) In general.--From the remainder of the amount
appropriated under section 136(a) for a fiscal year that
exists after the Secretary determines the amounts to be
reserved under subsection (a)(1) and subparagraphs (A) and
(B), the Secretary shall make allotments to the States in
accordance with clause (ii) for youth workforce investment
activities and statewide workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and (iv), of the
remainder--
(I) 33\1/3\ percent shall be allotted on the basis of the
relative number of unemployed individuals in areas of
substantial unemployment in each State, compared to the total
number of unemployed individuals in areas of substantial
unemployment in all States;
(II) 33\1/3\ percent shall be allotted on the basis of the
relative excess number of unemployed individuals in each
State, compared to the total excess number of unemployed
individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the basis of the
relative number of disadvantaged youth in each State,
compared to the total number of disadvantaged youth in all
States, except as described in clause (iii).
(iii) Calculation.--In determining an allotment under
clause (ii)(III) for any State in which there is an area that
was designated as a local area as described in section
107(c)(1)(C), the allotment shall be based on the higher of--
(I) the number of individuals who are age 16 through 21 in
families with an income below the low-income level in such
area; or
(II) the number of disadvantaged youth in such area.
(iv) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
the Secretary shall ensure the following:
(I) Minimum percentage and allotment.--Subject to subclause
(IV), the Secretary shall ensure that no State shall receive
an allotment for a fiscal year that is less than the greater
of--
(aa) an amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal year; or
(bb) 100 percent of the allotments of the State under
section 127(b)(1)(C) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this
Act) for fiscal year 2014.
(II) Small state minimum allotment.--Subject to subclauses
(I), (III), and (IV), the Secretary shall ensure that no
State shall receive an allotment under this subparagraph that
is less than the total of--
(aa) \3/10\ of 1 percent of $1,000,000,000 of the remainder
described in clause (i) for the fiscal year; and
(bb) if the remainder described in clause (i) for the
fiscal year exceeds $1,000,000,000, \2/5\ of 1 percent of the
excess.
(III) Maximum percentage.--Subject to subclause (I), the
Secretary shall ensure that no State shall receive an
allotment percentage for a fiscal year that is more than 130
percent of the allotment percentage of the State for the
preceding fiscal year.
(IV) Minimum funding.--In any fiscal year in which the
remainder described in clause (i) does not exceed
$1,000,000,000, the minimum allotments under subclauses (I)
and (II) shall be calculated by the methodology specified in
section 127(b)(1)(C)(iv)(IV) of the Workforce Investment Act
of 1998 (as in effect on the day before the date of enactment
of this Act).
(2) Definitions.--For the purpose of the formula specified
in paragraph (1)(C):
(A) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the remainder
described in paragraph (1)(C)(i) that is received through an
allotment made under paragraph (1)(C) for the fiscal year.
The term, used with respect to fiscal year 2014, means the
percentage of the amount allotted to States under section
127(b)(1)(C) of the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment of this Act)
that is received under such section by the State involved for
fiscal year 2014.
(B) Area of substantial unemployment.--The term ``area of
substantial unemployment'' means any area that is of
sufficient size and scope to sustain a program of workforce
investment activities carried out under this subtitle and
that has an average rate of unemployment of at least 6.5
percent for the most recent 12 months, as determined by the
Secretary. For purposes of this subparagraph, determinations
of areas of substantial unemployment shall be made once each
fiscal year.
(C) Disadvantaged youth.--Subject to paragraph (3), the
term ``disadvantaged youth'' means an individual who is age
16 through 21 who received an income, or is a member of a
family that received a total family income, that, in relation
to family size, does not exceed the higher of--
(i) the poverty line; or
(ii) 70 percent of the lower living standard income level.
(D) Excess number.--The term ``excess number'' means, used
with respect to the excess number of unemployed individuals
within a State, the higher of--
(i) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in the State; or
(ii) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in areas of substantial unemployment in such State.
(E) Low-income level.--The term ``low-income level'' means
$7,000 with respect to income in 1969, and for any later year
means that amount that bears the same relationship to $7,000
as the Consumer Price Index for that year bears to the
Consumer Price Index for 1969, rounded to the nearest $1,000.
(3) Special rule.--For the purpose of the formula specified
in paragraph (1)(C), the Secretary shall, as appropriate and
to the extent practicable, exclude college students and
members of the Armed Forces from the determination of the
number of disadvantaged youth.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this
section or a corresponding provision of the Workforce
Investment Act of 1998 for youth workforce investment
activities and statewide workforce investment activities
(referred to individually in this subsection as a ``State
allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance of the State allotment, at the end of the program
year prior to the program year for which the determination
under this paragraph is made, exceeds 20 percent of such
allotment for the prior program year.
(3) Reallotment.--In making reallotments to eligible States
of amounts available pursuant to paragraph (2) for a program
year, the Secretary shall allot to each eligible State an
amount based on the relative amount of the State allotment
for the program year for which the determination is made, as
compared to the total amount of the State allotments for all
eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means a State that does not have an amount
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within
the State in order to avoid the requirement that funds be
made available for reallotment under this subsection. The
Governor shall further prescribe equitable procedures for
making funds available from the State and local areas in the
event that a State is required to make funds available for
reallotment under this subsection.
SEC. 128. WITHIN STATE ALLOCATIONS.
(a) Reservations for Statewide Activities.--
(1) In general.--The Governor shall reserve not more than
15 percent of each of the amounts allotted to the State under
section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of
section 132(b) for a fiscal year for statewide workforce
investment activities.
(2) Use of funds.--Regardless of whether the reserved
amounts were allotted under section 127(b)(1)(C), or under
paragraph (1)(B) or (2)(B) of section 132(b), the Governor
may use the reserved amounts to carry out statewide
activities under section 129(b) or statewide employment and
training activities, for adults or dislocated workers, under
section 134(a).
(b) Within State Allocations.--
(1) Methods.--The Governor, acting in accordance with the
State plan, and after consulting with chief elected officials
and local boards in the local areas, shall allocate the
[[Page H5907]]
funds that are allotted to the State for youth activities and
statewide workforce investment activities under section
127(b)(1)(C) and are not reserved under subsection (a), in
accordance with paragraph (2) or (3).
(2) Formula allocation.--
(A) Youth activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1) to local areas, a State may allocate--
(I) 33\1/3\ percent of the funds on the basis described in
section 127(b)(1)(C)(ii)(I);
(II) 33\1/3\ percent of the funds on the basis described in
section 127(b)(1)(C)(ii)(II); and
(III) 33\1/3\ percent of the funds on the basis described
in clauses (ii)(III) and (iii) of section 127(b)(1)(C).
(ii) Minimum percentage.--The local area shall not receive
an allocation percentage for a fiscal year that is less than
90 percent of the average allocation percentage of the local
area for the 2 preceding fiscal years. Amounts necessary for
increasing such allocations to local areas to comply with the
preceding sentence shall be obtained by ratably reducing the
allocations to be made to other local areas under this
subparagraph.
(iii) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph, for the fiscal year.
The term, used with respect to fiscal year 2013 or 2014,
means a percentage of the funds referred to in section
128(b)(1) of the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment of this Act),
received through an allocation made under paragraph (2) or
(3) of section 128(b) of the Workforce Investment Act of 1998
(as so in effect), for the fiscal year 2013 or 2014,
respectively.
(B) Application.--For purposes of carrying out subparagraph
(A)--
(i) references in section 127(b) to a State shall be deemed
to be references to a local area;
(ii) references in section 127(b) to all States shall be
deemed to be references to all local areas in the State
involved; and
(iii) except as described in clause (i), references in
section 127(b)(1) to the term ``excess number'' shall be
considered to be references to the term as defined in section
127(b)(2).
(3) Youth discretionary allocation.--In lieu of making the
allocation described in paragraph (2), in allocating the
funds described in paragraph (1) to local areas, a State may
distribute--
(A) a portion equal to not less than 70 percent of the
funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a
formula that--
(i) incorporates additional factors (other than the factors
described in paragraph (2)(A)) relating to--
(I) excess youth poverty in urban, rural, and suburban
local areas; and
(II) excess unemployment above the State average in urban,
rural, and suburban local areas; and
(ii) was developed by the State board and approved by the
Secretary as part of the State plan.
(4) Local administrative cost limit.--
(A) In general.--Of the amount allocated to a local area
under this subsection and section 133(b) for a fiscal year,
not more than 10 percent of the amount may be used by the
local board involved for the administrative costs of carrying
out local workforce investment activities under this chapter
or chapter 3.
(B) Use of funds.--Funds made available for administrative
costs under subparagraph (A) may be used for the
administrative costs of any of the local workforce investment
activities described in this chapter or chapter 3, regardless
of whether the funds were allocated under this subsection or
section 133(b).
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts
that are made available to local areas from allocations made
under this section or a corresponding provision of the
Workforce Investment Act of 1998 for youth workforce
investment activities (referred to individually in this
subsection as a ``local allocation'') and that are available
for reallocation.
(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program
year prior to the program year for which the determination
under this paragraph is made, exceeds 20 percent of such
allocation for the prior program year.
(3) Reallocation.--In making reallocations to eligible
local areas of amounts available pursuant to paragraph (2)
for a program year, the Governor shall allocate to each
eligible local area within the State an amount based on the
relative amount of the local allocation for the program year
for which the determination is made, as compared to the total
amount of the local allocations for all eligible local areas
in the State for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means a local area that does not have an
amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2)
is made.
SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT
ACTIVITIES.
(a) Youth Participant Eligibility.--
(1) Eligibility.--
(A) In general.--To be eligible to participate in
activities carried out under this chapter during any program
year an individual shall, at the time the eligibility
determination is made, be an out-of-school youth or an in-
school youth.
(B) Out-of-school youth.--In this title, the term ``out-of-
school youth'' means an individual who is--
(i) not attending any school (as defined under State law);
(ii) not younger than age 16 or older than age 24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age of compulsory school
attendance, but has not attended school for at least the most
recent complete school year calendar quarter.
(III) A recipient of a secondary school diploma or its
recognized equivalent who is a low-income individual and is--
(aa) basic skills deficient; or
(bb) an English language learner.
(IV) An individual who is subject to the juvenile or adult
justice system.
(V) A homeless individual (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))), a homeless child or youth (as defined in section
725(2) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway, in foster care or has aged out
of the foster care system, a child eligible for assistance
under section 477 of the Social Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(VI) An individual who is pregnant or parenting.
(VII) A youth who is an individual with a disability.
(VIII) A low-income individual who requires additional
assistance to enter or complete an educational program or to
secure or hold employment.
(C) In-school youth.--In this section, the term ``in-school
youth'' means an individual who is--
(i) attending school (as defined by State law);
(ii) not younger than age 14 or (unless an individual with
a disability who is attending school under State law) older
than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) A homeless individual (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))), a homeless child or youth (as defined in section
725(2) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway, in foster care or has aged out
of the foster care system, a child eligible for assistance
under section 477 of the Social Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(V) Pregnant or parenting.
(VI) A youth who is an individual with a disability.
(VII) An individual who requires additional assistance to
complete an educational program or to secure or hold
employment.
(2) Special rule.--For the purpose of this subsection, the
term ``low-income'', used with respect to an individual, also
includes a youth living in a high-poverty area.
(3) Exception and limitation.--
(A) Exception for persons who are not low-income
individuals.--
(i) Definition.--In this subparagraph, the term ``covered
individual'' means an in-school youth, or an out-of-school
youth who is described in subclause (III) or (VIII) of
paragraph (1)(B)(iii).
(ii) Exception.--In each local area, not more than 5
percent of the individuals assisted under this section may be
persons who would be covered individuals, except that the
persons are not low-income individuals.
(B) Limitation.--In each local area, not more than 5
percent of the in-school youth assisted under this section
may be eligible under paragraph (1) because the youth are in-
school youth described in paragraph (1)(C)(iv)(VII).
(4) Out-of-school priority.--
(A) In general.--For any program year, not less than 75
percent of the funds allotted under section 127(b)(1)(C),
reserved under section 128(a), and available for statewide
activities under subsection (b), and not less than 75 percent
of funds available to local areas under subsection (c), shall
be used to provide youth workforce investment activities for
out-of-school youth.
(B) Exception.--A State that receives a minimum allotment
under section 127(b)(1) in accordance with section
127(b)(1)(C)(iv) or under section 132(b)(1) in accordance
with section 132(b)(1)(B)(iv) may decrease the percentage
described in subparagraph (A) to not less than 50 percent for
a local area in the State, if--
(i) after an analysis of the in-school youth and out-of-
school youth populations in the local area, the State
determines that the local area will be unable to use at least
75 percent of the funds available for activities under
subsection (c) to serve out-of-school youth due to a low
number of out-of-school youth; and
(ii)(I) the State submits to the Secretary, for the local
area, a request including a proposed percentage decreased to
not less than 50 percent for purposes of subparagraph (A),
and a summary of the analysis described in clause (i); and
(II) the request is approved by the Secretary.
(5) Consistency with compulsory school attendance laws.--In
providing assistance under this section to an individual who
is required to attend school under applicable State
compulsory school attendance laws, the priority in providing
such assistance shall be for the individual to attend school
regularly.
(b) Statewide Activities.--
(1) Required statewide youth activities.--Funds reserved by
a Governor as described in sections 128(a) and 133(a)(1)
shall be used, regardless of whether the funds were allotted
to the State under section 127(b)(1)(C) or under paragraph
(1)(B) or (2)(B) of section 132(b) for statewide activities,
which shall include--
[[Page H5908]]
(A) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 3 in
coordination with evaluations carried out by the Secretary
under section 169(a);
(B) disseminating a list of eligible providers of youth
workforce investment activities, as determined under section
123;
(C) providing assistance to local areas as described in
subsections (b)(6) and (c)(2) of section 106, for local
coordination of activities carried out under this title;
(D) operating a fiscal and management accountability
information system under section 116(i);
(E) carrying out monitoring and oversight of activities
carried out under this chapter and chapter 3, which may
include a review comparing the services provided to male and
female youth; and
(F) providing additional assistance to local areas that
have high concentrations of eligible youth.
(2) Allowable statewide youth activities.--Funds reserved
by a Governor as described in sections 128(a) and 133(a)(1)
may be used, regardless of whether the funds were allotted to
the State under section 127(b)(1)(C) or under paragraph
(1)(B) or (2)(B) of section 132(b), for statewide activities,
which may include--
(A) conducting--
(i) research related to meeting the education and
employment needs of eligible youth; and
(ii) demonstration projects related to meeting the
education and employment needs of eligible youth;
(B) supporting the development of alternative, evidence-
based programs and other activities that enhance the choices
available to eligible youth and encourage such youth to
reenter and complete secondary education, enroll in
postsecondary education and advanced training, progress
through a career pathway, and enter into unsubsidized
employment that leads to economic self-sufficiency;
(C) supporting the provision of career services described
in section 134(c)(2) in the one-stop delivery system in the
State;
(D) supporting financial literacy, including--
(i) supporting the ability of participants to create
household budgets, initiate savings plans, and make informed
financial decisions about education, retirement, home
ownership, wealth building, or other savings goals;
(ii) supporting the ability to manage spending, credit, and
debt, including credit card debt, effectively;
(iii) increasing awareness of the availability and
significance of credit reports and credit scores in obtaining
credit, including determining their accuracy (and how to
correct inaccuracies in the reports and scores), and their
effect on credit terms;
(iv) supporting the ability to understand, evaluate, and
compare financial products, services, and opportunities; and
(v) supporting activities that address the particular
financial literacy needs of non-English speakers, including
providing the support through the development and
distribution of multilingual financial literacy and education
materials; and
(E) providing technical assistance to, as appropriate,
local boards, chief elected officials, one-stop operators,
one-stop partners, and eligible providers, in local areas,
which provision of technical assistance shall include the
development and training of staff, the development of
exemplary program activities, the provision of technical
assistance to local areas that fail to meet local performance
accountability measures described in section 116(c), and the
provision of technology to facilitate remote access to
services provided through the one-stop delivery system in the
State.
(3) Limitation.--Not more than 5 percent of the funds
allotted to a State under section 127(b)(1)(C) shall be used
by the State for administrative activities carried out under
this subsection or section 134(a).
(c) Local Elements and Requirements.--
(1) Program design.--Funds allocated to a local area for
eligible youth under section 128(b) shall be used to carry
out, for eligible youth, programs that--
(A) provide an objective assessment of the academic levels,
skill levels, and service needs of each participant, which
assessment shall include a review of basic skills,
occupational skills, prior work experience, employability,
interests, aptitudes (including interests and aptitudes for
nontraditional jobs), supportive service needs, and
developmental needs of such participant, for the purpose of
identifying appropriate services and career pathways for
participants, except that a new assessment of a participant
is not required if the provider carrying out such a program
determines it is appropriate to use a recent assessment of
the participant conducted pursuant to another education or
training program;
(B) develop service strategies for each participant that
are directly linked to 1 or more of the indicators of
performance described in section 116(b)(2)(A)(ii), and that
shall identify career pathways that include education and
employment goals (including, in appropriate circumstances,
nontraditional employment), appropriate achievement
objectives, and appropriate services for the participant
taking into account the assessment conducted pursuant to
subparagraph (A), except that a new service strategy for a
participant is not required if the provider carrying out such
a program determines it is appropriate to use a recent
service strategy developed for the participant under another
education or training program;
(C) provide--
(i) activities leading to the attainment of a secondary
school diploma or its recognized equivalent, or a recognized
postsecondary credential;
(ii) preparation for postsecondary educational and training
opportunities;
(iii) strong linkages between academic instruction (based
on State academic content and student academic achievement
standards established under section 1111 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311)) and
occupational education that lead to the attainment of
recognized postsecondary credentials;
(iv) preparation for unsubsidized employment opportunities,
in appropriate cases; and
(v) effective connections to employers, including small
employers, in in-demand industry sectors and occupations of
the local and regional labor markets; and
(D) at the discretion of the local board, implement a pay-
for-performance contract strategy for elements described in
paragraph (2), for which the local board may reserve and use
not more than 10 percent of the total funds allocated to the
local area under section 128(b).
(2) Program elements.--In order to support the attainment
of a secondary school diploma or its recognized equivalent,
entry into postsecondary education, and career readiness for
participants, the programs described in paragraph (1) shall
provide elements consisting of--
(A) tutoring, study skills training, instruction, and
evidence-based dropout prevention and recovery strategies
that lead to completion of the requirements for a secondary
school diploma or its recognized equivalent (including a
recognized certificate of attendance or similar document for
individuals with disabilities) or for a recognized
postsecondary credential;
(B) alternative secondary school services, or dropout
recovery services, as appropriate;
(C) paid and unpaid work experiences that have as a
component academic and occupational education, which may
include--
(i) summer employment opportunities and other employment
opportunities available throughout the school year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall include
priority consideration for training programs that lead to
recognized postsecondary credentials that are aligned with
in-demand industry sectors or occupations in the local area
involved, if the local board determines that the programs
meet the quality criteria described in section 123;
(E) education offered concurrently with and in the same
context as workforce preparation activities and training for
a specific occupation or occupational cluster;
(F) leadership development opportunities, which may include
community service and peer-centered activities encouraging
responsibility and other positive social and civic behaviors,
as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation and a
subsequent period, for a total of not less than 12 months;
(I) followup services for not less than 12 months after the
completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which may
include drug and alcohol abuse counseling and referral, as
appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
(M) services that provide labor market and employment
information about in-demand industry sectors or occupations
available in the local area, such as career awareness, career
counseling, and career exploration services; and
(N) activities that help youth prepare for and transition
to postsecondary education and training.
(3) Additional requirements.--
(A) Information and referrals.--Each local board shall
ensure that each participant shall be provided--
(i) information on the full array of applicable or
appropriate services that are available through the local
board or other eligible providers or one-stop partners,
including those providers or partners receiving funds under
this subtitle; and
(ii) referral to appropriate training and educational
programs that have the capacity to serve the participant
either on a sequential or concurrent basis.
(B) Applicants not meeting enrollment requirements.--Each
eligible provider of a program of youth workforce investment
activities shall ensure that an eligible applicant who does
not meet the enrollment requirements of the particular
program or who cannot be served shall be referred for further
assessment, as necessary, and referred to appropriate
programs in accordance with subparagraph (A) to meet the
basic skills and training needs of the applicant.
(C) Involvement in design and implementation.--The local
board shall ensure that parents, participants, and other
members of the community with experience relating to programs
for youth are involved in the design and implementation of
the programs described in paragraph (1).
(4) Priority.--Not less than 20 percent of the funds
allocated to the local area as described in paragraph (1)
shall be used to provide in-school youth and out-of-school
youth with activities under paragraph (2)(C).
(5) Rule of construction.--Nothing in this chapter shall be
construed to require that each of the elements described in
subparagraphs of paragraph (2) be offered by each provider of
youth services.
(6) Prohibitions.--
(A) Prohibition against federal control of education.--No
provision of this Act shall be construed to authorize any
department, agency, officer, or employee of the United States
to exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any educational
[[Page H5909]]
institution, school, or school system, or over the selection
of library resources, textbooks, or other printed or
published instructional materials by any educational
institution, school, or school system.
(B) Noninterference and nonreplacement of regular academic
requirements.--No funds described in paragraph (1) shall be
used to provide an activity for eligible youth who are not
school dropouts if participation in the activity would
interfere with or replace the regular academic requirements
of the youth.
(7) Linkages.--In coordinating the programs authorized
under this section, local boards shall establish linkages
with local educational agencies responsible for services to
participants as appropriate.
(8) Volunteers.--The local board shall make opportunities
available for individuals who have successfully participated
in programs carried out under this section to volunteer
assistance to participants in the form of mentoring,
tutoring, and other activities.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 131. GENERAL AUTHORIZATION.
The Secretary shall make allotments under paragraphs (1)(B)
and (2)(B) of section 132(b) to each State that meets the
requirements of section 102 or 103 and grants under
paragraphs (1)(A) and (2)(A) of section 132(b) to each
outlying area that complies with the requirements of this
title, to assist the State or outlying area, and to enable
the State or outlying area to assist local areas, for the
purpose of providing workforce investment activities for
adults, and dislocated workers, in the State or outlying area
and in the local areas.
SEC. 132. STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) make allotments and grants from the amount appropriated
under section 136(b) for a fiscal year in accordance with
subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated under
section 136(c) for the fiscal year for use under subsection
(b)(2)(A), and under sections 168(b) (relating to dislocated
worker technical assistance), 169(c) (relating to dislocated
worker projects), and 170 (relating to national dislocated
worker grants); and
(B) make allotments from 80 percent of the amount
appropriated under section 136(c) for the fiscal year in
accordance with subsection (b)(2)(B).
(b) Allotment Among States.--
(1) Adult employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made available under
subsection (a)(1) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas.
(ii) Applicability of additional requirements.--From the
amount reserved under clause (i), the Secretary shall provide
assistance to the outlying areas for adult employment and
training activities and statewide workforce investment
activities in accordance with the requirements of section
127(b)(1)(B).
(B) States.--
(i) In general.--After determining the amount to be
reserved under subparagraph (A), the Secretary shall allot
the remainder of the amount made available under subsection
(a)(1) for that fiscal year to the States pursuant to clause
(ii) for adult employment and training activities and
statewide workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and (iv), of the
remainder--
(I) 33\1/3\ percent shall be allotted on the basis of the
relative number of unemployed individuals in areas of
substantial unemployment in each State, compared to the total
number of unemployed individuals in areas of substantial
unemployment in all States;
(II) 33\1/3\ percent shall be allotted on the basis of the
relative excess number of unemployed individuals in each
State, compared to the total excess number of unemployed
individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the basis of the
relative number of disadvantaged adults in each State,
compared to the total number of disadvantaged adults in all
States, except as described in clause (iii).
(iii) Calculation.--In determining an allotment under
clause (ii)(III) for any State in which there is an area that
was designated as a local area as described in section
107(c)(1)(C), the allotment shall be based on the higher of--
(I) the number of adults in families with an income below
the low-income level in such area; or
(II) the number of disadvantaged adults in such area.
(iv) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
the Secretary shall ensure the following:
(I) Minimum percentage and allotment.--Subject to subclause
(IV), the Secretary shall ensure that no State shall receive
an allotment for a fiscal year that is an amount based on 90
percent of the allotment percentage of the State for the
preceding fiscal year.
(II) Small state minimum allotment.--Subject to subclauses
(I), (III), and (IV), the Secretary shall ensure that no
State shall receive an allotment under this subparagraph that
is less than the total of--
(aa) \3/10\ of 1 percent of $960,000,000 of the remainder
described in clause (i) for the fiscal year; and
(bb) if the remainder described in clause (i) for the
fiscal year exceeds $960,000,000, \2/5\ of 1 percent of the
excess.
(III) Maximum percentage.--Subject to subclause (I), the
Secretary shall ensure that no State shall receive an
allotment percentage for a fiscal year that is more than 130
percent of the allotment percentage of the State for the
preceding fiscal year.
(IV) Minimum funding.--In any fiscal year in which the
remainder described in clause (i) does not exceed
$960,000,000, the minimum allotments under subclauses (I) and
(II) shall be calculated by the methodology specified in
section 132(b)(1)(B)(iv)(IV) of the Workforce Investment Act
of 1998 (as in effect on the day before the date of enactment
of this Act).
(v) Definitions.--For the purpose of the formula specified
in this subparagraph:
(I) Adult.--The term ``adult'' means an individual who is
not less than age 22 and not more than age 72.
(II) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the remainder
described in clause (i) that is received through an allotment
made under this subparagraph for the fiscal year. The term,
used with respect to fiscal year 2014, means the percentage
of the amount allotted to States under section 132(b)(1)(B)
of the Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act) that is
received under such section by the State involved for fiscal
year 2014.
(III) Area of substantial unemployment.--The term ``area of
substantial unemployment'' means any area that is of
sufficient size and scope to sustain a program of workforce
investment activities carried out under this subtitle and
that has an average rate of unemployment of at least 6.5
percent for the most recent 12 months, as determined by the
Secretary. For purposes of this subclause, determinations of
areas of substantial unemployment shall be made once each
fiscal year.
(IV) Disadvantaged adult.--Subject to subclause (V), the
term ``disadvantaged adult'' means an adult who received an
income, or is a member of a family that received a total
family income, that, in relation to family size, does not
exceed the higher of--
(aa) the poverty line; or
(bb) 70 percent of the lower living standard income level.
(V) Disadvantaged adult special rule.--The Secretary shall,
as appropriate and to the extent practicable, exclude college
students and members of the Armed Forces from the
determination of the number of disadvantaged adults.
(VI) Excess number.--The term ``excess number'' means, used
with respect to the excess number of unemployed individuals
within a State, the higher of--
(aa) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in the State; or
(bb) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in areas of substantial unemployment in such State.
(VII) Low-income level.--The term ``low-income level''
means $7,000 with respect to income in 1969, and for any
later year means that amount that bears the same relationship
to $7,000 as the Consumer Price Index for that year bears to
the Consumer Price Index for 1969, rounded to the nearest
$1,000.
(2) Dislocated worker employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made available under
subsection (a)(2)(A) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of the amount
appropriated under section 136(c) for the fiscal year to
provide assistance to the outlying areas.
(ii) Applicability of additional requirements.--From the
amount reserved under clause (i), the Secretary shall provide
assistance to the outlying areas for dislocated worker
employment and training activities and statewide workforce
investment activities in accordance with the requirements of
section 127(b)(1)(B).
(B) States.--
(i) In general.--The Secretary shall allot the amount
referred to in subsection (a)(2)(B) for a fiscal year to the
States pursuant to clause (ii) for dislocated worker
employment and training activities and statewide workforce
investment activities.
(ii) Formula.--Subject to clause (iii), of the amount--
(I) 33\1/3\ percent shall be allotted on the basis of the
relative number of unemployed individuals in each State,
compared to the total number of unemployed individuals in all
States;
(II) 33\1/3\ percent shall be allotted on the basis of the
relative excess number of unemployed individuals in each
State, compared to the total excess number of unemployed
individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the basis of the
relative number of individuals in each State who have been
unemployed for 15 weeks or more, compared to the total number
of individuals in all States who have been unemployed for 15
weeks or more.
(iii) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
for fiscal year 2016 and each subsequent fiscal year, the
Secretary shall ensure the following:
(I) Minimum percentage and allotment.--The Secretary shall
ensure that no State shall receive an allotment for a fiscal
year that is an amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal year.
(II) Maximum percentage.--Subject to subclause (I), the
Secretary shall ensure that no State shall receive an
allotment percentage for a fiscal year that is more than 130
percent of the allotment percentage of the State for the
preceding fiscal year.
[[Page H5910]]
(iv) Definitions.--For the purpose of the formula specified
in this subparagraph:
(I) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the amount
described in clause (i) that is received through an allotment
made under this subparagraph for the fiscal year.
(II) Excess number.--The term ``excess number'' means, used
with respect to the excess number of unemployed individuals
within a State, the number that represents the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in the State.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this
section or a corresponding provision of the Workforce
Investment Act of 1998 for employment and training activities
and statewide workforce investment activities (referred to
individually in this subsection as a ``State allotment'') and
that are available for reallotment.
(2) Amount.--The amount available for reallotment for a
program year for programs funded under subsection (b)(1)(B)
(relating to adult employment and training) or for programs
funded under subsection (b)(2)(B) (relating to dislocated
worker employment and training) is equal to the amount by
which the unobligated balance of the State allotments for
adult employment and training activities or dislocated worker
employment and training activities, respectively, at the end
of the program year prior to the program year for which the
determination under this paragraph is made, exceeds 20
percent of such allotments for the prior program year.
(3) Reallotment.--In making reallotments to eligible States
of amounts available pursuant to paragraph (2) for a program
year, the Secretary shall allot to each eligible State an
amount based on the relative amount of the State allotment
under paragraph (1)(B) or (2)(B), respectively, of subsection
(b) for the program year for which the determination is made,
as compared to the total amount of the State allotments under
paragraph (1)(B) or (2)(B), respectively, of subsection (b)
for all eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means--
(A) with respect to funds allotted through a State
allotment for adult employment and training activities, a
State that does not have an amount of such funds available
for reallotment under paragraph (2) for the program year for
which the determination under paragraph (2) is made; and
(B) with respect to funds allotted through a State
allotment for dislocated worker employment and training
activities, a State that does not have an amount of such
funds available for reallotment under paragraph (2) for the
program year for which the determination under paragraph (2)
is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within
the State in order to avoid the requirement that funds be
made available for reallotment under this subsection. The
Governor shall further prescribe equitable procedures for
making funds available from the State and local areas in the
event that a State is required to make funds available for
reallotment under this subsection.
SEC. 133. WITHIN STATE ALLOCATIONS.
(a) Reservations for State Activities.--
(1) Statewide workforce investment activities.--The
Governor shall make the reservation required under section
128(a).
(2) Statewide rapid response activities.--The Governor
shall reserve not more than 25 percent of the total amount
allotted to the State under section 132(b)(2)(B) for a fiscal
year for statewide rapid response activities described in
section 134(a)(2)(A).
(b) Within State Allocation.--
(1) Methods.--The Governor, acting in accordance with the
State plan, and after consulting with chief elected officials
and local boards in the local areas, shall allocate--
(A) the funds that are allotted to the State for adult
employment and training activities and statewide workforce
investment activities under section 132(b)(1)(B) and are not
reserved under subsection (a)(1), in accordance with
paragraph (2) or (3); and
(B) the funds that are allotted to the State for dislocated
worker employment and training activities and statewide
workforce investment activities under section 132(b)(2)(B)
and are not reserved under paragraph (1) or (2) of subsection
(a), in accordance with paragraph (2).
(2) Formula allocations.--
(A) Adult employment and training activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1)(A) to local areas, a State may allocate--
(I) 33\1/3\ percent of the funds on the basis described in
section 132(b)(1)(B)(ii)(I);
(II) 33\1/3\ percent of the funds on the basis described in
section 132(b)(1)(B)(ii)(II); and
(III) 33\1/3\ percent of the funds on the basis described
in clauses (ii)(III) and (iii) of section 132(b)(1)(B).
(ii) Minimum percentage.--The local area shall not receive
an allocation percentage for a fiscal year that is less than
90 percent of the average allocation percentage of the local
area for the 2 preceding fiscal years. Amounts necessary for
increasing such allocations to local areas to comply with the
preceding sentence shall be obtained by ratably reducing the
allocations to be made to other local areas under this
subparagraph.
(iii) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph, for the fiscal year.
The term, used with respect to fiscal year 2013 or 2014,
means a percentage of the amount allocated to local areas
under paragraphs (2)(A) and (3) of section 133(b) of the
Workforce Investment Act of 1998 (as in effect on the day
before the date of enactment of this Act), received through
an allocation made under paragraph (2)(A) or (3) of that
section for fiscal year 2013 or 2014, respectively.
(B) Dislocated worker employment and training activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1)(B) to local areas, a State shall allocate the
funds based on an allocation formula prescribed by the
Governor of the State. Such formula may be amended by the
Governor not more than once for each program year. Such
formula shall utilize the most appropriate information
available to the Governor to distribute amounts to address
the State's worker readjustment assistance needs.
(ii) Information.--The information described in clause (i)
shall include insured unemployment data, unemployment
concentrations, plant closing and mass layoff data, declining
industries data, farmer-rancher economic hardship data, and
long-term unemployment data.
(iii) Minimum percentage.--The local area shall not receive
an allocation percentage for fiscal year 2016 or a subsequent
fiscal year that is less than 90 percent of the average
allocation percentage of the local area for the 2 preceding
fiscal years. Amounts necessary for increasing such
allocations to local areas to comply with the preceding
sentence shall be obtained by ratably reducing the
allocations to be made to other local areas under this
subparagraph.
(iv) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph for the fiscal year.
The term, used with respect to fiscal year 2014, means a
percentage of the amount allocated to local areas under
section 133(b)(2)(B) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this
Act), received through an allocation made under that section
for fiscal year 2014.
(C) Application.--For purposes of carrying out subparagraph
(A)--
(i) references in section 132(b) to a State shall be deemed
to be references to a local area;
(ii) references in section 132(b) to all States shall be
deemed to be references to all local areas in the State
involved; and
(iii) except as described in clause (i), references in
section 132(b)(1) to the term ``excess number'' shall be
considered to be references to the term as defined in section
132(b)(1).
(3) Adult employment and training discretionary
allocations.--In lieu of making the allocation described in
paragraph (2)(A), in allocating the funds described in
paragraph (1)(A) to local areas, a State may distribute--
(A) a portion equal to not less than 70 percent of the
funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a
formula that--
(i) incorporates additional factors (other than the factors
described in paragraph (2)(A)) relating to--
(I) excess poverty in urban, rural, and suburban local
areas; and
(II) excess unemployment above the State average in urban,
rural, and suburban local areas; and
(ii) was developed by the State board and approved by the
Secretary as part of the State plan.
(4) Transfer authority.--A local board may transfer, if
such a transfer is approved by the Governor, up to and
including 100 percent of the funds allocated to the local
area under paragraph (2)(A) or (3), and up to and including
100 percent of the funds allocated to the local area under
paragraph (2)(B), for a fiscal year between--
(A) adult employment and training activities; and
(B) dislocated worker employment and training activities.
(5) Allocation.--
(A) In general.--The Governor shall allocate the funds
described in paragraph (1) to local areas under paragraphs
(2) and (3) for the purpose of providing a single system of
employment and training activities for adults and dislocated
workers in accordance with subsections (c) and (d) of section
134.
(B) Additional requirements.--
(i) Adults.--Funds allocated under paragraph (2)(A) or (3)
shall be used by a local area to contribute to the costs of
the one-stop delivery system described in section 121(e) as
determined under section 121(h) and to pay for employment and
training activities provided to adults in the local area,
consistent with section 134.
(ii) Dislocated workers.--Funds allocated under paragraph
(2)(B) shall be used by a local area to contribute to the
costs of the one-stop delivery system described in section
121(e) as determined under section 121(h) and to pay for
employment and training activities provided to dislocated
workers in the local area, consistent with section 134.
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts
that are made available to local areas from allocations made
under paragraph (2)(A) or (3) of subsection (b) or a
corresponding provision of the Workforce Investment Act of
1998 for adult employment and training activities, or under
subsection (b)(2)(B) or a corresponding provision of
[[Page H5911]]
the Workforce Investment Act of 1998 for dislocated worker
employment and training activities (referred to individually
in this subsection as a ``local allocation'') and that are
available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year--
(A) for adult employment and training activities is equal
to the amount by which the unobligated balance of the local
allocation under paragraph (2)(A) or (3) of subsection (b)
for such activities, at the end of the program year prior to
the program year for which the determination under this
subparagraph is made, exceeds 20 percent of such allocation
for the prior program year; and
(B) for dislocated worker employment and training
activities is equal to the amount by which the unobligated
balance of the local allocation under subsection (b)(2)(B)
for such activities, at the end of the program year prior to
the program year for which the determination under this
subparagraph is made, exceeds 20 percent of such allocation
for the prior program year.
(3) Reallocation.--In making reallocations to eligible
local areas of amounts available pursuant to paragraph (2)
for a program year, the Governor shall allocate to each
eligible local area within the State--
(A) with respect to such available amounts that were
allocated under paragraph (2)(A) or (3) of subsection (b), an
amount based on the relative amount of the local allocation
under paragraph (2)(A) or (3) of subsection (b), as
appropriate, for the program year for which the determination
is made, as compared to the total amount of the local
allocations under paragraph (2)(A) or (3) of subsection (b),
as appropriate, for all eligible local areas in the State for
such program year; and
(B) with respect to such available amounts that were
allocated under subsection (b)(2)(B), an amount based on the
relative amount of the local allocation under subsection
(b)(2)(B) for the program year for which the determination is
made, as compared to the total amount of the local
allocations under subsection (b)(2)(B) for all eligible local
areas in the State for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means--
(A) with respect to funds allocated through a local
allocation for adult employment and training activities, a
local area that does not have an amount of such funds
available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2)
is made; and
(B) with respect to funds allocated through a local
allocation for dislocated worker employment and training
activities, a local area that does not have an amount of such
funds available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2)
is made.
SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING
ACTIVITIES.
(a) Statewide Employment and Training Activities.--
(1) In general.--Funds reserved by a Governor--
(A) as described in section 133(a)(2) shall be used to
carry out the statewide rapid response activities described
in paragraph (2)(A); and
(B) as described in sections 128(a) and 133(a)(1)--
(i) shall be used to carry out the statewide employment and
training activities described in paragraph (2)(B); and
(ii) may be used to carry out any of the statewide
employment and training activities described in paragraph
(3),
regardless of whether the funds were allotted to the State
under section 127(b)(1) or under paragraph (1) or (2) of
section 132(b).
(2) Required statewide employment and training
activities.--
(A) Statewide rapid response activities.--
(i) In general.--A State shall carry out statewide rapid
response activities using funds reserved by the Governor for
the State under section 133(a)(2), which activities shall
include--
(I) provision of rapid response activities, carried out in
local areas by the State or by an entity designated by the
State, working in conjunction with the local boards and the
chief elected officials for the local areas; and
(II) provision of additional assistance to local areas that
experience disasters, mass layoffs, or plant closings, or
other events that precipitate substantial increases in the
number of unemployed individuals, carried out in local areas
by the State, working in conjunction with the local boards
and the chief elected officials for the local areas.
(ii) Use of unobligated funds.--Funds reserved by a
Governor under section 133(a)(2), and section 133(a)(2) of
the Workforce Investment Act of 1998 (as in effect on the day
before the date of enactment of this Act), to carry out this
subparagraph that remain unobligated after the first program
year for which such funds were allotted may be used by the
Governor to carry out statewide activities authorized under
subparagraph (B) or paragraph (3)(A), in addition to
activities under this subparagraph.
(B) Statewide employment and training activities.--Funds
reserved by a Governor under sections 128(a)(1) and 133(a)(1)
and not used under paragraph (1)(A) (regardless of whether
the funds were allotted to the States under section
127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b))
shall be used for statewide employment and training
activities, including--
(i) providing assistance to--
(I) State entities and agencies, local areas, and one-stop
partners in carrying out the activities described in the
State plan, including the coordination and alignment of data
systems used to carry out the requirements of this Act;
(II) local areas for carrying out the regional planning and
service delivery efforts required under section 106(c);
(III) local areas by providing information on and support
for the effective development, convening, and implementation
of industry or sector partnerships; and
(IV) local areas, one-stop operators, one-stop partners,
and eligible providers, including the development and
training of staff, which may include the development and
training of staff to provide opportunities for individuals
with barriers to employment to enter in-demand industry
sectors or occupations and nontraditional occupations, the
development of exemplary program activities, and the
provision of technical assistance to local areas that fail to
meet local performance accountability measures described in
section 116(c);
(ii) providing assistance to local areas as described in
section 106(b)(6);
(iii) operating a fiscal and management accountability
information system in accordance with section 116(i);
(iv) carrying out monitoring and oversight of activities
carried out under this chapter and chapter 2;
(v) disseminating--
(I) the State list of eligible providers of training
services, including eligible providers of nontraditional
training services and eligible providers of apprenticeship
programs described in section 122(a)(2)(B);
(II) information identifying eligible providers of on-the-
job training, customized training, incumbent worker training,
internships, paid or unpaid work experience opportunities, or
transitional jobs;
(III) information on effective outreach to, partnerships
with, and services for, business;
(IV) information on effective service delivery strategies
to serve workers and job seekers;
(V) performance information and information on the cost of
attendance (including tuition and fees) for participants in
applicable programs, as described in subsections (d) and (h)
of section 122; and
(VI) information on physical and programmatic
accessibility, in accordance with section 188, if applicable,
and the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), for individuals with disabilities; and
(vi) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 2 in
coordination with evaluations carried out by the Secretary
under section 169(a).
(3) Allowable statewide employment and training
activities.--
(A) In general.--Funds reserved by a Governor under
sections 128(a)(1) and 133(a)(1) and not used under paragraph
(1)(A) or (2)(B) (regardless of whether the funds were
allotted to the State under section 127(b)(1)(C) or paragraph
(1)(B) or (2)(B) of section 132(b)) may be used to carry out
additional statewide employment and training activities,
which may include--
(i) implementing innovative programs and strategies
designed to meet the needs of all employers (including small
employers) in the State, which programs and strategies may
include incumbent worker training programs, customized
training, sectoral and industry cluster strategies and
implementation of industry or sector partnerships, career
pathway programs, microenterprise and entrepreneurial
training and support programs, utilization of effective
business intermediaries, layoff aversion strategies,
activities to improve linkages between the one-stop delivery
system in the State and all employers (including small
employers) in the State, and other business services and
strategies that better engage employers in workforce
investment activities and make the workforce development
system more relevant to the needs of State and local
businesses, consistent with the objectives of this title;
(ii) developing strategies for effectively serving
individuals with barriers to employment and for coordinating
programs and services among one-stop partners;
(iii) the development or identification of education and
training programs that respond to real-time labor market
analysis, that utilize direct assessment and prior learning
assessment to measure and provide credit for prior knowledge,
skills, competencies, and experiences, that evaluate such
skills and competencies for adaptability, that ensure credits
are portable and stackable for more skilled employment, and
that accelerate course or credential completion;
(iv) implementing programs to increase the number of
individuals training for and placed in nontraditional
employment;
(v) carrying out activities to facilitate remote access to
services, including training services described in subsection
(c)(3), provided through a one-stop delivery system,
including facilitating access through the use of technology;
(vi) supporting the provision of career services described
in subsection (c)(2) in the one-stop delivery systems in the
State;
(vii) coordinating activities with the child welfare system
to facilitate provision of services for children and youth
who are eligible for assistance under section 477 of the
Social Security Act (42 U.S.C. 677);
(viii) activities--
(I) to improve coordination of workforce investment
activities with economic development activities;
(II) to improve coordination of employment and training
activities with--
(aa) child support services, and assistance provided by
State and local agencies carrying out part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.);
(bb) cooperative extension programs carried out by the
Department of Agriculture;
(cc) programs carried out in local areas for individuals
with disabilities, including programs
[[Page H5912]]
carried out by State agencies relating to intellectual
disabilities and developmental disabilities, activities
carried out by Statewide Independent Living Councils
established under section 705 of the Rehabilitation Act of
1973 (29 U.S.C. 796d), programs funded under part B of
chapter 1 of title VII of such Act (29 U.S.C. 796e et seq.),
and activities carried out by centers for independent living,
as defined in section 702 of such Act (29 U.S.C. 796a);
(dd) adult education and literacy activities, including
those provided by public libraries;
(ee) activities in the corrections system that assist ex-
offenders in reentering the workforce; and
(ff) financial literacy activities including those
described in section 129(b)(2)(D); and
(III) consisting of development and dissemination of
workforce and labor market information;
(ix) conducting research and demonstration projects related
to meeting the employment and education needs of adult and
dislocated workers;
(x) implementing promising services for workers and
businesses, which may include providing support for
education, training, skill upgrading, and statewide
networking for employees to become workplace learning
advisors and maintain proficiency in carrying out the
activities associated with such advising;
(xi) providing incentive grants to local areas for
performance by the local areas on local performance
accountability measures described in section 116(c);
(xii) adopting, calculating, or commissioning for approval
an economic self-sufficiency standard for the State that
specifies the income needs of families, by family size, the
number and ages of children in the family, and substate
geographical considerations;
(xiii) developing and disseminating common intake
procedures and related items, including registration
processes, materials, or software; and
(xiv) providing technical assistance to local areas that
are implementing pay-for-performance contract strategies,
which technical assistance may include providing assistance
with data collection, meeting data entry requirements,
identifying levels of performance, and conducting evaluations
of such strategies.
(B) Limitation.--
(i) In general.--Of the funds allotted to a State under
sections 127(b) and 132(b) and reserved as described in
sections 128(a) and 133(a)(1) for a fiscal year--
(I) not more than 5 percent of the amount allotted under
section 127(b)(1);
(II) not more than 5 percent of the amount allotted under
section 132(b)(1); and
(III) not more than 5 percent of the amount allotted under
section 132(b)(2),
may be used by the State for the administration of statewide
youth workforce investment activities carried out under
section 129 and statewide employment and training activities
carried out under this section.
(ii) Use of funds.--Funds made available for administrative
costs under clause (i) may be used for the administrative
cost of any of the statewide youth workforce investment
activities or statewide employment and training activities,
regardless of whether the funds were allotted to the State
under section 127(b)(1) or paragraph (1) or (2) of section
132(b).
(b) Local Employment and Training Activities.--Funds
allocated to a local area for adults under paragraph (2)(A)
or (3), as appropriate, of section 133(b), and funds
allocated to a local area for dislocated workers under
section 133(b)(2)(B)--
(1) shall be used to carry out employment and training
activities described in subsection (c) for adults or
dislocated workers, respectively; and
(2) may be used to carry out employment and training
activities described in subsection (d) for adults or
dislocated workers, respectively.
(c) Required Local Employment and Training Activities.--
(1) In general.--
(A) Allocated funds.--Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), shall be
used--
(i) to establish a one-stop delivery system described in
section 121(e);
(ii) to provide the career services described in paragraph
(2) to adults and dislocated workers, respectively, through
the one-stop delivery system in accordance with such
paragraph;
(iii) to provide training services described in paragraph
(3) to adults and dislocated workers, respectively, described
in such paragraph;
(iv) to establish and develop relationships and networks
with large and small employers and their intermediaries; and
(v) to develop, convene, or implement industry or sector
partnerships.
(B) Other funds.--Consistent with subsections (h) and (i)
of section 121, a portion of the funds made available under
Federal law authorizing the programs and activities described
in section 121(b)(1)(B), including the Wagner-Peyser Act (29
U.S.C. 49 et seq.), shall be used as described in clauses (i)
and (ii) of subparagraph (A), to the extent not inconsistent
with the Federal law involved.
(2) Career services.--
(A) Services provided.--Funds described in paragraph (1)
shall be used to provide career services, which shall be
available to individuals who are adults or dislocated workers
through the one-stop delivery system and shall, at a minimum,
include--
(i) determinations of whether the individuals are eligible
to receive assistance under this subtitle;
(ii) outreach, intake (which may include worker profiling),
and orientation to the information and other services
available through the one-stop delivery system;
(iii) initial assessment of skill levels (including
literacy, numeracy, and English language proficiency),
aptitudes, abilities (including skills gaps), and supportive
service needs;
(iv) labor exchange services, including--
(I) job search and placement assistance and, in appropriate
cases, career counseling, including--
(aa) provision of information on in-demand industry sectors
and occupations; and
(bb) provision of information on nontraditional employment;
and
(II) appropriate recruitment and other business services on
behalf of employers, including small employers, in the local
area, which services may include services described in this
subsection, such as providing information and referral to
specialized business services not traditionally offered
through the one-stop delivery system;
(v) provision of referrals to and coordination of
activities with other programs and services, including
programs and services within the one-stop delivery system
and, in appropriate cases, other workforce development
programs;
(vi) provision of workforce and labor market employment
statistics information, including the provision of accurate
information relating to local, regional, and national labor
market areas, including--
(I) job vacancy listings in such labor market areas;
(II) information on job skills necessary to obtain the jobs
described in subclause (I); and
(III) information relating to local occupations in demand
and the earnings, skill requirements, and opportunities for
advancement for such occupations; and
(vii) provision of performance information and program cost
information on eligible providers of training services as
described in section 122, provided by program, and eligible
providers of youth workforce investment activities described
in section 123, providers of adult education described in
title II, providers of career and technical education
activities at the postsecondary level, and career and
technical education activities available to school dropouts,
under the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), and providers of vocational
rehabilitation services described in title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
(viii) provision of information, in formats that are usable
by and understandable to one-stop center customers, regarding
how the local area is performing on the local performance
accountability measures described in section 116(c) and any
additional performance information with respect to the one-
stop delivery system in the local area;
(ix)(I) provision of information, in formats that are
usable by and understandable to one-stop center customers,
relating to the availability of supportive services or
assistance, including child care, child support, medical or
child health assistance under title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.),
benefits under the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), assistance through the earned income
tax credit under section 32 of the Internal Revenue Code of
1986, and assistance under a State program for temporary
assistance for needy families funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.) and other
supportive services and transportation provided through funds
made available under such part, available in the local area;
and
(II) referral to the services or assistance described in
subclause (I), as appropriate;
(x) provision of information and assistance regarding
filing claims for unemployment compensation;
(xi) assistance in establishing eligibility for programs of
financial aid assistance for training and education programs
that are not funded under this Act;
(xii) services, if determined to be appropriate in order
for an individual to obtain or retain employment, that
consist of--
(I) comprehensive and specialized assessments of the skill
levels and service needs of adults and dislocated workers,
which may include--
(aa) diagnostic testing and use of other assessment tools;
and
(bb) in-depth interviewing and evaluation to identify
employment barriers and appropriate employment goals;
(II) development of an individual employment plan, to
identify the employment goals, appropriate achievement
objectives, and appropriate combination of services for the
participant to achieve the employment goals, including
providing information on eligible providers of training
services pursuant to paragraph (3)(F)(ii), and career
pathways to attain career objectives;
(III) group counseling;
(IV) individual counseling;
(V) career planning;
(VI) short-term prevocational services, including
development of learning skills, communication skills,
interviewing skills, punctuality, personal maintenance
skills, and professional conduct, to prepare individuals for
unsubsidized employment or training;
(VII) internships and work experiences that are linked to
careers;
(VIII) workforce preparation activities;
(IX) financial literacy services, such as the activities
described in section 129(b)(2)(D);
(X) out-of-area job search assistance and relocation
assistance; or
(XI) English language acquisition and integrated education
and training programs; and
(xiii) followup services, including counseling regarding
the workplace, for participants in workforce investment
activities authorized under this subtitle who are placed in
unsubsidized employment, for not less than 12 months
[[Page H5913]]
after the first day of the employment, as appropriate.
(B) Use of previous assessments.--A one-stop operator or
one-stop partner shall not be required to conduct a new
interview, evaluation, or assessment of a participant under
subparagraph (A)(xii) if the one-stop operator or one-stop
partner determines that it is appropriate to use a recent
interview, evaluation, or assessment of the participant
conducted pursuant to another education or training program.
(C) Delivery of services.--The career services described in
subparagraph (A) shall be provided through the one-stop
delivery system--
(i) directly through one-stop operators identified pursuant
to section 121(d); or
(ii) through contracts with service providers, which may
include contracts with public, private for-profit, and
private nonprofit service providers, approved by the local
board.
(3) Training services.--
(A) In general.--
(i) Eligibility.--Except as provided in clause (ii), funds
allocated to a local area for adults under paragraph (2)(A)
or (3), as appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers under
section 133(b)(2)(B), shall be used to provide training
services to adults and dislocated workers, respectively--
(I) who, after an interview, evaluation, or assessment, and
career planning, have been determined by a one-stop operator
or one-stop partner, as appropriate, to--
(aa) be unlikely or unable to obtain or retain employment,
that leads to economic self-sufficiency or wages comparable
to or higher than wages from previous employment, through the
career services described in paragraph (2)(A)(xii);
(bb) be in need of training services to obtain or retain
employment that leads to economic self-sufficiency or wages
comparable to or higher than wages from previous employment;
and
(cc) have the skills and qualifications to successfully
participate in the selected program of training services;
(II) who select programs of training services that are
directly linked to the employment opportunities in the local
area or the planning region, or in another area to which the
adults or dislocated workers are willing to commute or
relocate;
(III) who meet the requirements of subparagraph (B); and
(IV) who are determined to be eligible in accordance with
the priority system in effect under subparagraph (E).
(ii) Use of previous assessments.--A one-stop operator or
one-stop partner shall not be required to conduct a new
interview, evaluation, or assessment of a participant under
clause (i) if the one-stop operator or one-stop partner
determines that it is appropriate to use a recent interview,
evaluation, or assessment of the participant conducted
pursuant to another education or training program.
(iii) Rule of construction.--Nothing in this subparagraph
shall be construed to mean an individual is required to
receive career services prior to receiving training services.
(B) Qualification.--
(i) Requirement.--Notwithstanding section 479B of the
Higher Education Act of 1965 (20 U.S.C. 1087uu) and except as
provided in clause (ii), provision of such training services
shall be limited to individuals who--
(I) are unable to obtain other grant assistance for such
services, including Federal Pell Grants established under
subpart 1 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a et seq.); or
(II) require assistance beyond the assistance made
available under other grant assistance programs, including
Federal Pell Grants.
(ii) Reimbursements.--Training services may be provided
under this paragraph to an individual who otherwise meets the
requirements of this paragraph while an application for a
Federal Pell Grant is pending, except that if such individual
is subsequently awarded a Federal Pell Grant, appropriate
reimbursement shall be made to the local area from such
Federal Pell Grant.
(iii) Consideration.--In determining whether an individual
requires assistance under clause (i)(II), a one-stop operator
(or one-stop partner, where appropriate) may take into
consideration the full cost of participating in training
services, including the costs of dependent care and
transportation, and other appropriate costs.
(C) Provider qualification.--Training services shall be
provided through providers identified in accordance with
section 122.
(D) Training services.--Training services may include--
(i) occupational skills training, including training for
nontraditional employment;
(ii) on-the-job training;
(iii) incumbent worker training in accordance with
subsection (d)(4);
(iv) programs that combine workplace training with related
instruction, which may include cooperative education
programs;
(v) training programs operated by the private sector;
(vi) skill upgrading and retraining;
(vii) entrepreneurial training;
(viii) transitional jobs in accordance with subsection
(d)(5);
(ix) job readiness training provided in combination with
services described in any of clauses (i) through (viii);
(x) adult education and literacy activities, including
activities of English language acquisition and integrated
education and training programs, provided concurrently or in
combination with services described in any of clauses (i)
through (vii); and
(xi) customized training conducted with a commitment by an
employer or group of employers to employ an individual upon
successful completion of the training.
(E) Priority.--With respect to funds allocated to a local
area for adult employment and training activities under
paragraph (2)(A) or (3) of section 133(b), priority shall be
given to recipients of public assistance, other low-income
individuals, and individuals who are basic skills deficient
for receipt of career services described in paragraph
(2)(A)(xii) and training services. The appropriate local
board and the Governor shall direct the one-stop operators in
the local area with regard to making determinations related
to such priority.
(F) Consumer choice requirements.--
(i) In general.--Training services provided under this
paragraph shall be provided in a manner that maximizes
consumer choice in the selection of an eligible provider of
such services.
(ii) Eligible providers.--Each local board, through one-
stop centers, shall make available the list of eligible
providers of training services described in section 122(d),
and accompanying information, in accordance with section
122(d).
(iii) Individual training accounts.--An individual who
seeks training services and who is eligible pursuant to
subparagraph (A), may, in consultation with a career planner,
select an eligible provider of training services from the
list of providers described in clause (ii). Upon such
selection, the one-stop operator involved shall, to the
extent practicable, refer such individual to the eligible
provider of training services, and arrange for payment for
such services through an individual training account.
(iv) Coordination.--Each local board may, through one-stop
centers, coordinate funding for individual training accounts
with funding from other Federal, State, local, or private job
training programs or sources to assist the individual in
obtaining training services.
(v) Additional information.--Priority consideration shall,
consistent with clause (i), be given to programs that lead to
recognized postsecondary credentials that are aligned with
in-demand industry sectors or occupations in the local area
involved.
(G) Use of individual training accounts.--
(i) In general.--Except as provided in clause (ii),
training services provided under this paragraph shall be
provided through the use of individual training accounts in
accordance with this paragraph, and shall be provided to
eligible individuals through the one-stop delivery system.
(ii) Training contracts.--Training services authorized
under this paragraph may be provided pursuant to a contract
for services in lieu of an individual training account if--
(I) the requirements of subparagraph (F) are met;
(II) such services are on-the-job training, customized
training, incumbent worker training, or transitional
employment;
(III) the local board determines there are an insufficient
number of eligible providers of training services in the
local area involved (such as in a rural area) to accomplish
the purposes of a system of individual training accounts;
(IV) the local board determines that there is a training
services program of demonstrated effectiveness offered in the
local area by a community-based organization or another
private organization to serve individuals with barriers to
employment;
(V) the local board determines that--
(aa) it would be most appropriate to award a contract to an
institution of higher education or other eligible provider of
training services in order to facilitate the training of
multiple individuals in in-demand industry sectors or
occupations; and
(bb) such contract does not limit customer choice; or
(VI) the contract is a pay-for-performance contract.
(iii) Linkage to occupations in demand.--Training services
provided under this paragraph shall be directly linked to an
in-demand industry sector or occupation in the local area or
the planning region, or in another area to which an adult or
dislocated worker receiving such services is willing to
relocate, except that a local board may approve training
services for occupations determined by the local board to be
in sectors of the economy that have a high potential for
sustained demand or growth in the local area.
(iv) Rule of construction.--Nothing in this paragraph shall
be construed to preclude the combined use of individual
training accounts and contracts in the provision of training
services, including arrangements that allow individuals
receiving individual training accounts to obtain training
services that are contracted for under clause (ii).
(H) Reimbursement for on-the-job training.--
(i) Reimbursement level.--For purposes of the provision of
on-the-job training under this paragraph, the Governor or
local board involved may increase the amount of the
reimbursement described in section 3(44) to an amount of up
to 75 percent of the wage rate of a participant for a program
carried out under chapter 2 or this chapter, if,
respectively--
(I) the Governor approves the increase with respect to a
program carried out with funds reserved by the State under
that chapter, taking into account the factors described in
clause (ii); or
(II) the local board approves the increase with respect to
a program carried out with funds allocated to a local area
under such chapter, taking into account those factors.
(ii) Factors.--For purposes of clause (i), the Governor or
local board, respectively, shall take into account factors
consisting of--
(I) the characteristics of the participants;
(II) the size of the employer;
(III) the quality of employer-provided training and
advancement opportunities; and
(IV) such other factors as the Governor or local board,
respectively, may determine to be
[[Page H5914]]
appropriate, which may include the number of employees
participating in the training, wage and benefit levels of
those employees (at present and anticipated upon completion
of the training), and relation of the training to the
competitiveness of a participant.
(d) Permissible Local Employment and Training Activities.--
(1) In general.--
(A) Activities.--Funds allocated to a local area for adults
under paragraph (2)(A) or (3), as appropriate, of section
133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used to provide,
through the one-stop delivery system involved (and through
collaboration with the local board, for the purpose of the
activities described in clauses (vii) and (ix))--
(i) customized screening and referral of qualified
participants in training services described in subsection
(c)(3) to employers;
(ii) customized employment-related services to employers,
employer associations, or other such organizations on a fee-
for-service basis;
(iii) implementation of a pay-for-performance contract
strategy for training services, for which the local board may
reserve and use not more than 10 percent of the total funds
allocated to the local area under paragraph (2) or (3) of
section 133(b);
(iv) customer support to enable individuals with barriers
to employment (including individuals with disabilities) and
veterans, to navigate among multiple services and activities
for such populations;
(v) technical assistance for one-stop operators, one-stop
partners, and eligible providers of training services,
regarding the provision of services to individuals with
disabilities in local areas, including the development and
training of staff, the provision of outreach, intake,
assessments, and service delivery, the coordination of
services across providers and programs, and the development
of performance accountability measures;
(vi) employment and training activities provided in
coordination with--
(I) child support enforcement activities of the State and
local agencies carrying out part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.);
(II) child support services, and assistance, provided by
State and local agencies carrying out part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.);
(III) cooperative extension programs carried out by the
Department of Agriculture; and
(IV) activities to facilitate remote access to services
provided through a one-stop delivery system, including
facilitating access through the use of technology;
(vii) activities--
(I) to improve coordination between workforce investment
activities and economic development activities carried out
within the local area involved, and to promote
entrepreneurial skills training and microenterprise services;
(II) to improve services and linkages between the local
workforce investment system (including the local one-stop
delivery system) and employers, including small employers, in
the local area, through services described in this section;
and
(III) to strengthen linkages between the one-stop delivery
system and unemployment insurance programs;
(viii) training programs for displaced homemakers and for
individuals training for nontraditional occupations, in
conjunction with programs operated in the local area;
(ix) activities to provide business services and strategies
that meet the workforce investment needs of area employers,
as determined by the local board, consistent with the local
plan under section 108, which services--
(I) may be provided through effective business
intermediaries working in conjunction with the local board,
and may also be provided on a fee-for-service basis or
through the leveraging of economic development,
philanthropic, and other public and private resources in a
manner determined appropriate by the local board; and
(II) may include--
(aa) developing and implementing industry sector strategies
(including strategies involving industry partnerships,
regional skills alliances, industry skill panels, and
sectoral skills partnerships);
(bb) developing and delivering innovative workforce
investment services and strategies for area employers, which
may include career pathways, skills upgrading, skill standard
development and certification for recognized postsecondary
credential or other employer use, apprenticeship, and other
effective initiatives for meeting the workforce investment
needs of area employers and workers;
(cc) assistance to area employers in managing reductions in
force in coordination with rapid response activities provided
under subsection (a)(2)(A) and with strategies for the
aversion of layoffs, which strategies may include early
identification of firms at risk of layoffs, use of
feasibility studies to assess the needs of and options for
at-risk firms, and the delivery of employment and training
activities to address risk factors; and
(dd) the marketing of business services offered under this
title, to appropriate area employers, including small and
mid-sized employers;
(x) activities to adjust the economic self-sufficiency
standards referred to in subsection (a)(3)(A)(xii) for local
factors, or activities to adopt, calculate, or commission for
approval, economic self-sufficiency standards for the local
areas that specify the income needs of families, by family
size, the number and ages of children in the family, and
substate geographical considerations;
(xi) improved coordination between employment and training
activities and programs carried out in the local area for
individuals with disabilities, including programs carried out
by State agencies relating to intellectual disabilities and
developmental disabilities, activities carried out by
Statewide Independent Living Councils established under
section 705 of the Rehabilitation Act of 1973 (29 U.S.C.
796d), programs funded under part B of chapter 1 of title VII
of such Act (29 U.S.C. 796e et seq.), and activities carried
out by centers for independent living, as defined in section
702 of such Act (29 U.S.C. 796a); and
(xii) implementation of promising services to workers and
businesses, which may include support for education,
training, skill upgrading, and statewide networking for
employees to become workplace learning advisors and maintain
proficiency in carrying out the activities associated with
such advising.
(B) Work support activities for low-wage workers.--
(i) In general.--Funds allocated to a local area for adults
under paragraph (2)(A) or (3), as appropriate, of section
133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used to provide,
through the one-stop delivery system involved, work support
activities designed to assist low-wage workers in retaining
and enhancing employment. The one-stop partners of the system
shall coordinate the appropriate programs and resources of
the partners with the activities and resources provided under
this subparagraph.
(ii) Activities.--The work support activities described in
clause (i) may include the provision of activities described
in this section through the one-stop delivery system in a
manner that enhances the opportunities of such workers to
participate in the activities, such as the provision of
activities described in this section during nontraditional
hours and the provision of onsite child care while such
activities are being provided.
(2) Supportive services.--Funds allocated to a local area
for adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), may be used to
provide supportive services to adults and dislocated workers,
respectively--
(A) who are participating in programs with activities
authorized in paragraph (2) or (3) of subsection (c); and
(B) who are unable to obtain such supportive services
through other programs providing such services.
(3) Needs-related payments.--
(A) In general.--Funds allocated to a local area for adults
under paragraph (2)(A) or (3), as appropriate, of section
133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used to provide
needs-related payments to adults and dislocated workers,
respectively, who are unemployed and do not qualify for (or
have ceased to qualify for) unemployment compensation for the
purpose of enabling such individuals to participate in
programs of training services under subsection (c)(3).
(B) Additional eligibility requirements.--In addition to
the requirements contained in subparagraph (A), a dislocated
worker who has ceased to qualify for unemployment
compensation may be eligible to receive needs-related
payments under this paragraph only if such worker was
enrolled in the training services--
(i) by the end of the 13th week after the most recent
layoff that resulted in a determination of the worker's
eligibility for employment and training activities for
dislocated workers under this subtitle; or
(ii) if later, by the end of the 8th week after the worker
is informed that a short-term layoff will exceed 6 months.
(C) Level of payments.--The level of a needs-related
payment made to a dislocated worker under this paragraph
shall not exceed the greater of--
(i) the applicable level of unemployment compensation; or
(ii) if such worker did not qualify for unemployment
compensation, an amount equal to the poverty line, for an
equivalent period, which amount shall be adjusted to reflect
changes in total family income.
(4) Incumbent worker training programs.--
(A) In general.--
(i) Standard reservation of funds.--The local board may
reserve and use not more than 20 percent of the funds
allocated to the local area involved under section 133(b) to
pay for the Federal share of the cost of providing training
through a training program for incumbent workers, carried out
in accordance with this paragraph.
(ii) Determination of eligibility.--For the purpose of
determining the eligibility of an employer to receive funding
under clause (i), the local board shall take into account
factors consisting of--
(I) the characteristics of the participants in the program;
(II) the relationship of the training to the
competitiveness of a participant and the employer; and
(III) such other factors as the local board may determine
to be appropriate, which may include the number of employees
participating in the training, the wage and benefit levels of
those employees (at present and anticipated upon completion
of the training), and the existence of other training and
advancement opportunities provided by the employer.
(iii) Statewide impact.--The Governor or State board
involved may make recommendations to the local board for
providing incumbent worker training that has statewide
impact.
(B) Training activities.--The training program for
incumbent workers carried out under this paragraph shall be
carried out by the local board in conjunction with the
employers or groups of employers of such workers (which may
include employers in partnership with other entities for the
purposes of delivering training) for
[[Page H5915]]
the purpose of assisting such workers in obtaining the skills
necessary to retain employment or avert layoffs.
(C) Employer payment of non-federal share.--Employers
participating in the program carried out under this paragraph
shall be required to pay for the non-Federal share of the
cost of providing the training to incumbent workers of the
employers.
(D) Non-federal share.--
(i) Factors.--Subject to clause (ii), the local board shall
establish the non-Federal share of such cost (taking into
consideration such other factors as the number of employees
participating in the training, the wage and benefit levels of
the employees (at the beginning and anticipated upon
completion of the training), the relationship of the training
to the competitiveness of the employer and employees, and the
availability of other employer-provided training and
advancement opportunities.
(ii) Limits.--The non-Federal share shall not be less
than--
(I) 10 percent of the cost, for employers with not more
than 50 employees;
(II) 25 percent of the cost, for employers with more than
50 employees but not more than 100 employees; and
(III) 50 percent of the cost, for employers with more than
100 employees.
(iii) Calculation of employer share.--The non-Federal share
provided by an employer participating in the program may
include the amount of the wages paid by the employer to a
worker while the worker is attending a training program under
this paragraph. The employer may provide the share in cash or
in kind, fairly evaluated.
(5) Transitional jobs.--The local board may use not more
than 10 percent of the funds allocated to the local area
involved under section 133(b) to provide transitional jobs
under subsection (c)(3) that--
(A) are time-limited work experiences that are subsidized
and are in the public, private, or nonprofit sectors for
individuals with barriers to employment who are chronically
unemployed or have an inconsistent work history;
(B) are combined with comprehensive employment and
supportive services; and
(C) are designed to assist the individuals described in
subparagraph (A) to establish a work history, demonstrate
success in the workplace, and develop the skills that lead to
entry into and retention in unsubsidized employment.
CHAPTER 4--GENERAL WORKFORCE INVESTMENT PROVISIONS
SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
(a) Youth Workforce Investment Activities.--There are
authorized to be appropriated to carry out the activities
described in section 127(a), $820,430,000 for fiscal year
2015, $883,800,000 for fiscal year 2016, $902,139,000 for
fiscal year 2017, $922,148,000 for fiscal year 2018,
$943,828,000 for fiscal year 2019, and $963,837,000 for
fiscal year 2020.
(b) Adult Employment and Training Activities.--There are
authorized to be appropriated to carry out the activities
described in section 132(a)(1), $766,080,000 for fiscal year
2015, $825,252,000 for fiscal year 2016, $842,376,000 for
fiscal year 2017, $861,060,000 for fiscal year 2018,
$881,303,000 for fiscal year 2019, and $899,987,000 for
fiscal year 2020.
(c) Dislocated Worker Employment and Training Activities.--
There are authorized to be appropriated to carry out the
activities described in section 132(a)(2), $1,222,457,000 for
fiscal year 2015, $1,316,880,000 for fiscal year 2016,
$1,344,205,000 for fiscal year 2017, $1,374,019,000 for
fiscal year 2018, $1,406,322,000 for fiscal year 2019, and
$1,436,137,000 for fiscal year 2020.
Subtitle C--Job Corps
SEC. 141. PURPOSES.
The purposes of this subtitle are--
(1) to maintain a national Job Corps program, carried out
in partnership with States and communities, to--
(A) assist eligible youth to connect to the labor force by
providing them with intensive social, academic, career and
technical education, and service-learning opportunities, in
primarily residential centers, in order for such youth to
obtain secondary school diplomas or recognized postsecondary
credentials leading to--
(i) successful careers, in in-demand industry sectors or
occupations or the Armed Forces, that will result in economic
self-sufficiency and opportunities for advancement; or
(ii) enrollment in postsecondary education, including an
apprenticeship program; and
(B) support responsible citizenship;
(2) to set forth standards and procedures for selecting
individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps centers in
which enrollees will participate in intensive programs of
activities described in this subtitle; and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continuing
development of the Job Corps.
SEC. 142. DEFINITIONS.
In this subtitle:
(1) Applicable local board.--The term ``applicable local
board'' means a local board--
(A) that provides information for a Job Corps center on
local employment opportunities and the job skills needed to
obtain the opportunities; and
(B) that serves communities in which the graduates of the
Job Corps center seek employment.
(2) Applicable one-stop center.--The term ``applicable one-
stop center'' means a one-stop center that provides services,
such as referral, assessment, recruitment, and placement, to
support the purposes of the Job Corps.
(3) Enrollee.--The term ``enrollee'' means an individual
who has voluntarily applied for, been selected for, and
enrolled in the Job Corps program, and remains with the
program, but has not yet become a graduate.
(4) Former enrollee.--The term ``former enrollee'' means an
individual who has voluntarily applied for, been selected
for, and enrolled in the Job Corps program, but left the
program prior to becoming a graduate.
(5) Graduate.--The term ``graduate'' means an individual
who has voluntarily applied for, been selected for, and
enrolled in the Job Corps program and who, as a result of
participation in the Job Corps program, has received a
secondary school diploma or recognized equivalent, or
completed the requirements of a career and technical
education and training program that prepares individuals for
employment leading to economic self-sufficiency or entrance
into postsecondary education or training.
(6) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 143.
(7) Job corps center.--The term ``Job Corps center'' means
a center described in section 147.
(8) Operator.--The term ``operator'' means an entity
selected under this subtitle to operate a Job Corps center.
(9) Region.--The term ``region'' means an area defined by
the Secretary.
(10) Service provider.--The term ``service provider'' means
an entity selected under this subtitle to provide services
described in this subtitle to a Job Corps center.
SEC. 143. ESTABLISHMENT.
There shall be within the Department of Labor a ``Job
Corps''.
SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
(a) In General.--To be eligible to become an enrollee, an
individual shall be--
(1) not less than age 16 and not more than age 21 on the
date of enrollment, except that--
(A) not more than 20 percent of the individuals enrolled in
the Job Corps may be not less than age 22 and not more than
age 24 on the date of enrollment; and
(B) either such maximum age limitation may be waived by the
Secretary, in accordance with regulations of the Secretary,
in the case of an individual with a disability;
(2) a low-income individual; and
(3) an individual who is one or more of the following:
(A) Basic skills deficient.
(B) A school dropout.
(C) A homeless individual (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))), a homeless child or youth (as defined in section
725(2) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway, an individual in foster care,
or an individual who was in foster care and has aged out of
the foster care system.
(D) A parent.
(E) An individual who requires additional education, career
and technical education or training, or workforce preparation
skills to be able to obtain and retain employment that leads
to economic self-sufficiency.
(b) Special Rule for Veterans.--Notwithstanding the
requirement of subsection (a)(2), a veteran shall be eligible
to become an enrollee under subsection (a) if the
individual--
(1) meets the requirements of paragraphs (1) and (3) of
such subsection; and
(2) does not meet the requirement of subsection (a)(2)
because the military income earned by such individual within
the 6-month period prior to the individual's application for
Job Corps prevents the individual from meeting such
requirement.
SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT
OF ENROLLEES.
(a) Standards and Procedures.--
(1) In general.--The Secretary shall prescribe specific
standards and procedures for the recruitment, screening, and
selection of eligible applicants for the Job Corps, after
considering recommendations from Governors of States, local
boards, and other interested parties.
(2) Methods.--In prescribing standards and procedures under
paragraph (1), the Secretary, at a minimum, shall--
(A) prescribe procedures for informing enrollees that drug
tests will be administered to the enrollees and the results
received within 45 days after the enrollees enroll in the Job
Corps;
(B) establish standards for recruitment of Job Corps
applicants;
(C) establish standards and procedures for--
(i) determining, for each applicant, whether the
educational and career and technical education and training
needs of the applicant can best be met through the Job Corps
program or an alternative program in the community in which
the applicant resides; and
(ii) obtaining from each applicant pertinent data relating
to background, needs, and interests for determining
eligibility and potential assignment;
(D) where appropriate, take measures to improve the
professional capability of the individuals conducting
screening of the applicants; and
(E) assure appropriate representation of enrollees from
urban areas and from rural areas.
(3) Implementation.--The standards and procedures shall be
implemented through arrangements with--
(A) applicable one-stop centers;
(B) organizations that have a demonstrated record of
effectiveness in serving at-risk youth and placing such youth
into employment, including community action agencies,
business organizations, or labor organizations; and
(C) child welfare agencies that are responsible for
children and youth eligible for benefits and services under
section 477 of the Social Security Act (42 U.S.C. 677).
(4) Consultation.--The standards and procedures shall
provide for necessary consultation with individuals and
organizations, including court, probation, parole, law
enforcement, education, welfare, and medical authorities and
advisers.
[[Page H5916]]
(5) Reimbursement.--The Secretary is authorized to enter
into contracts with and make payments to individuals and
organizations for the cost of conducting recruitment,
screening, and selection of eligible applicants for the Job
Corps, as provided for in this section. The Secretary shall
make no payment to any individual or organization solely as
compensation for referring the names of applicants for the
Job Corps.
(b) Special Limitations on Selection.--
(1) In general.--No individual shall be selected as an
enrollee unless the individual or organization implementing
the standards and procedures described in subsection (a)
determines that--
(A) there is a reasonable expectation that the individual
considered for selection can participate successfully in
group situations and activities, and is not likely to engage
in behavior that would prevent other enrollees from receiving
the benefit of the Job Corps program or be incompatible with
the maintenance of sound discipline and satisfactory
relationships between the Job Corps center to which the
individual might be assigned and communities surrounding the
Job Corps center;
(B) the individual manifests a basic understanding of both
the rules to which the individual will be subject and of the
consequences of failure to observe the rules, and agrees to
comply with such rules; and
(C) the individual has passed a background check conducted
in accordance with procedures established by the Secretary
and with applicable State and local laws.
(2) Individuals on probation, parole, or supervised
release.--An individual on probation, parole, or supervised
release may be selected as an enrollee only if release from
the supervision of the probation or parole official involved
is satisfactory to the official and the Secretary and does
not violate applicable laws (including regulations). No
individual shall be denied a position in the Job Corps solely
on the basis of individual contact with the criminal justice
system except for a disqualifying conviction as specified in
paragraph (3).
(3) Individuals convicted of certain crimes.--An individual
shall not be selected as an enrollee if the individual has
been convicted of a felony consisting of murder (as described
in section 1111 of title 18, United States Code), child
abuse, or a crime involving rape or sexual assault.
(c) Assignment Plan.--
(1) In general.--Every 2 years, the Secretary shall develop
and implement a plan for assigning enrollees to Job Corps
centers. In developing the plan, the Secretary shall, based
on the analysis described in paragraph (2), establish
targets, applicable to each Job Corps center, for--
(A) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the State in which the center
is located; and
(B) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the region in which the
center is located, and in surrounding regions.
(2) Analysis.--In order to develop the plan described in
paragraph (1), every 2 years the Secretary, in consultation
with operators of Job Corps centers, shall analyze relevant
factors relating to each Job Corps center, including--
(A) the size of the population of individuals eligible to
participate in Job Corps in the State and region in which the
Job Corps center is located, and in surrounding regions;
(B) the relative demand for participation in the Job Corps
in the State and region, and in surrounding regions;
(C) the capacity and utilization of the Job Corps center,
including the education, training, and supportive services
provided through the center; and
(D) the performance of the Job Corps center relating to the
expected levels of performance for the indicators described
in section 159(c)(1), and whether any actions have been taken
with respect to such center pursuant to paragraphs (2) and
(3) of section 159(f).
(d) Assignment of Individual Enrollees.--
(1) In general.--After an individual has been selected for
the Job Corps in accordance with the standards and procedures
of the Secretary under subsection (a), the enrollee shall be
assigned to the Job Corps center that offers the type of
career and technical education and training selected by the
individual and, among the centers that offer such education
and training, is closest to the home of the individual. The
Secretary may waive this requirement if--
(A) the enrollee would be unduly delayed in participating
in the Job Corps program because the closest center is
operating at full capacity; or
(B) the parent or guardian of the enrollee requests
assignment of the enrollee to another Job Corps center due to
circumstances in the community of the enrollee that would
impair prospects for successful participation in the Job
Corps program.
(2) Enrollees who are younger than 18.--An enrollee who is
younger than 18 shall not be assigned to a Job Corps center
other than the center closest to the home that offers the
career and technical education and training desired by the
enrollee pursuant to paragraph (1) if the parent or guardian
of the enrollee objects to the assignment.
SEC. 146. ENROLLMENT.
(a) Relationship Between Enrollment and Military
Obligations.--Enrollment in the Job Corps shall not relieve
any individual of obligations under the Military Selective
Service Act (50 U.S.C. App. 451 et seq.).
(b) Period of Enrollment.--No individual may be enrolled in
the Job Corps for more than 2 years, except--
(1) in a case in which completion of an advanced career
training program under section 148(c) would require an
individual to participate in the Job Corps for not more than
one additional year;
(2) in the case of an individual with a disability who
would reasonably be expected to meet the standards for a Job
Corps graduate, as defined under section 142(5), if allowed
to participate in the Job Corps for not more than 1
additional year;
(3) in the case of an individual who participates in
national service, as authorized by a Civilian Conservation
Center program, who would be granted an enrollment extension
in the Job Corps for the amount of time equal to the period
of national service; or
(4) as the Secretary may authorize in a special case.
SEC. 147. JOB CORPS CENTERS.
(a) Operators and Service Providers.--
(1) Eligible entities.--
(A) Operators.--The Secretary shall enter into an agreement
with a Federal, State, or local agency, an area career and
technical education school, a residential career and
technical education school, or a private organization, for
the operation of each Job Corps center.
(B) Providers.--The Secretary may enter into an agreement
with a local entity, or other entity with the necessary
capacity, to provide activities described in this subtitle to
a Job Corps center.
(2) Selection process.--
(A) Competitive basis.--Except as provided in subsections
(a) and (b) of section 3304 of title 41, United States Code,
the Secretary shall select on a competitive basis an entity
to operate a Job Corps center and entities to provide
activities described in this subtitle to the Job Corps
center. In developing a solicitation for an operator or
service provider, the Secretary shall consult with the
Governor of the State in which the center is located, the
workforce council for the Job Corps center (if established),
and the applicable local board regarding the contents of such
solicitation, including elements that will promote the
consistency of the activities carried out through the center
with the objectives set forth in the State plan or in a local
plan.
(B) Recommendations and considerations.--
(i) Operators.--In selecting an entity to operate a Job
Corps center, the Secretary shall consider--
(I) the ability of the entity to coordinate the activities
carried out through the Job Corps center with activities
carried out under the appropriate State plan and local plans;
(II) the ability of the entity to offer career and
technical education and training that has been proposed by
the workforce council under section 154(c), and the degree to
which such education and training reflects employment
opportunities in the local areas in which enrollees at the
center intend to seek employment;
(III) the degree to which the entity demonstrates
relationships with the surrounding communities, employers,
labor organizations, State boards, local boards, applicable
one-stop centers, and the State and region in which the
center is located;
(IV) the performance of the entity, if any, relating to
operating or providing activities described in this subtitle
to a Job Corps center, including information regarding the
entity in any reports developed by the Office of Inspector
General of the Department of Labor and the entity's
demonstrated effectiveness in assisting individuals in
achieving the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii); and
(V) the ability of the entity to demonstrate a record of
successfully assisting at-risk youth to connect to the
workforce, including providing them with intensive academics
and career and technical education and training.
(ii) Providers.--In selecting a service provider for a Job
Corps center, the Secretary shall consider the factors
described in clause (i).
(3) Additional selection factors.--To be eligible to
operate a Job Corps center, an entity shall submit to the
Secretary, at such time and in such manner as the Secretary
may require, information related to additional selection
factors, which shall include the following:
(A) A description of the program activities that will be
offered at the center and how the academics and career and
technical education and training reflect State and local
employment opportunities, including opportunities in in-
demand industry sectors and occupations recommended by the
workforce council under section 154(c)(2)(A).
(B) A description of the counseling, placement, and support
activities that will be offered at the center, including a
description of the strategies and procedures the entity will
use to place graduates into unsubsidized employment or
education leading to a recognized postsecondary credential
upon completion of the program.
(C) A description of the demonstrated record of
effectiveness that the entity has in placing at-risk youth
into employment and postsecondary education, including past
performance of operating a Job Corps center under this
subtitle or subtitle C of title I of the Workforce Investment
Act of 1998, and as appropriate, the entity's demonstrated
effectiveness in assisting individuals in achieving the
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii).
(D) A description of the relationships that the entity has
developed with State boards, local boards, applicable one-
stop centers, employers, labor organizations, State and local
educational agencies, and the surrounding communities in
which the center is located, in an effort to promote a
comprehensive statewide workforce development system.
(E) A description of the entity's ability to coordinate the
activities carried out through the Job Corps center with
activities carried out under the appropriate State plan and
local plans.
[[Page H5917]]
(F) A description of the strong fiscal controls the entity
has in place to ensure proper accounting of Federal funds,
and a description of how the entity will meet the
requirements of section 159(a).
(G) A description of the steps to be taken to control costs
in accordance with section 159(a)(3).
(H) A detailed budget of the activities that will be
supported using funds under this subtitle and non-Federal
resources.
(I) An assurance the entity is licensed to operate in the
State in which the center is located.
(J) An assurance the entity will comply with basic health
and safety codes, which shall include the disciplinary
measures described in section 152(b).
(K) Any other information on additional selection factors
that the Secretary may require.
(b) High-performing Centers.--
(1) In general.--If an entity meets the requirements
described in paragraph (2) as applied to a particular Job
Corps center, such entity shall be allowed to compete in any
competitive selection process carried out for an award to
operate such center.
(2) High performance.--An entity shall be considered to be
an operator of a high-performing center if the Job Corps
center operated by the entity--
(A) is ranked among the top 20 percent of Job Corps centers
for the most recent preceding program year; and
(B) meets the expected levels of performance established
under section 159(c)(1) and, with respect to each of the
primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii)--
(i) for the period of the most recent preceding 3 program
years for which information is available at the time the
determination is made, achieved an average of 100 percent, or
higher, of the expected level of performance established
under section 159(c)(1) for the indicator; and
(ii) for the most recent preceding program year for which
information is available at the time the determination is
made, achieved 100 percent, or higher, of the expected level
of performance established under such section for the
indicator.
(3) Transition.--If any of the program years described in
paragraph (2)(B) precedes the implementation of the
establishment of expected levels of performance under section
159(c) and the application of the primary indicators of
performance for eligible youth described in section
116(b)(2)(A)(ii), an entity shall be considered an operator
of a high-performing center during that period if the Job
Corps center operated by the entity--
(A) meets the requirements of paragraph (2)(B) with respect
to such preceding program years using the performance of the
Job Corps center regarding the national goals or targets
established by the Office of the Job Corps under the previous
performance accountability system for--
(i) the 6-month follow-up placement rate of graduates in
employment, the military, education, or training;
(ii) the 12-month follow-up placement rate of graduates in
employment, the military, education, or training;
(iii) the 6-month follow-up average weekly earnings of
graduates;
(iv) the rate of attainment of secondary school diplomas or
their recognized equivalent;
(v) the rate of attainment of completion certificates for
career and technical training;
(vi) average literacy gains; and
(vii) average numeracy gains; or
(B) is ranked among the top 5 percent of Job Corps centers
for the most recent preceding program year.
(c) Character and Activities.--Job Corps centers may be
residential or nonresidential in character, and shall be
designed and operated so as to provide enrollees, in a well-
supervised setting, with access to activities described in
this subtitle. In any year, no more than 20 percent of the
individuals enrolled in the Job Corps may be nonresidential
participants in the Job Corps.
(d) Civilian Conservation Centers.--
(1) In general.--The Job Corps centers may include Civilian
Conservation Centers, operated under an agreement between the
Secretary of Labor and the Secretary of Agriculture, that are
located primarily in rural areas. Such centers shall provide,
in addition to academics, career and technical education and
training, and workforce preparation skills training, programs
of work experience to conserve, develop, or manage public
natural resources or public recreational areas or to develop
community projects in the public interest.
(2) Assistance during disasters.--Enrollees in Civilian
Conservation Centers may provide assistance in addressing
national, State, and local disasters, consistent with current
child labor laws (including regulations). The Secretary of
Agriculture shall ensure that with respect to the provision
of such assistance the enrollees are properly trained,
equipped, supervised, and dispatched consistent with
standards for the conservation and rehabilitation of wildlife
established under the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.).
(3) National liaison.--The Secretary of Agriculture shall
designate a Job Corps National Liaison to support the
agreement under this section between the Departments of Labor
and Agriculture.
(e) Indian Tribes.--
(1) General authority.--The Secretary may enter into
agreements with Indian tribes to operate Job Corps centers
for Indians.
(2) Definitions.--In this subsection, the terms ``Indian''
and ``Indian tribe'' have the meanings given such terms in
subsections (d) and (e), respectively, of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(f) Length of Agreement.--The agreement described in
subsection (a)(1)(A) shall be for not more than a 2-year
period. The Secretary may exercise any contractual option to
renew the agreement in 1-year increments for not more than 3
additional years, consistent with the requirements of
subsection (g).
(g) Renewal Conditions.--
(1) In general.--Subject to paragraph (2), the Secretary
shall not renew the terms of an agreement for any 1-year
additional period described in subsection (f) for an entity
to operate a particular Job Corps center if, for both of the
2 most recent preceding program years for which information
is available at the time the determination is made, or if a
second program year is not available, the preceding year for
which information is available, such center--
(A) has been ranked in the lowest 10 percent of Job Corps
centers; and
(B) failed to achieve an average of 50 percent or higher of
the expected level of performance under section 159(c)(1)
with respect to each of the primary indicators of performance
for eligible youth described in section 116(b)(2)(A)(ii).
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may exercise an option to renew the agreement for
no more than 2 additional years if the Secretary determines
such renewal would be in the best interest of the Job Corps
program, taking into account factors including--
(A) significant improvements in program performance in
carrying out a performance improvement plan under section
159(f)(2);
(B) that the performance is due to circumstances beyond the
control of the entity, such as an emergency or disaster, as
defined in section 170(a)(1);
(C) a significant disruption in the operations of the
center, including in the ability to continue to provide
services to students, or significant increase in the cost of
such operations; or
(D) a significant disruption in the procurement process
with respect to carrying out a competition for the selection
of a center operator.
(3) Detailed explanation.--If the Secretary exercises an
option under paragraph (2), the Secretary shall provide, to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, a detailed explanation of
the rationale for exercising such option.
(4) Additional considerations.--The Secretary shall only
renew the agreement of an entity to operate a Job Corps
center if the entity--
(A) has a satisfactory record of integrity and business
ethics;
(B) has adequate financial resources to perform the
agreement;
(C) has the necessary organization, experience, accounting
and operational controls, and technical skills; and
(D) is otherwise qualified and eligible under applicable
laws and regulations, including that the contractor is not
under suspension or debarred from eligibility for Federal
contracts.
SEC. 148. PROGRAM ACTIVITIES.
(a) Activities Provided by Job Corps Centers.--
(1) In general.--Each Job Corps center shall provide
enrollees with an intensive, well organized, and fully
supervised program of education, including English language
acquisition programs, career and technical education and
training, work experience, work-based learning, recreational
activities, physical rehabilitation and development, driver's
education, and counseling, which may include information
about financial literacy. Each Job Corps center shall provide
enrollees assigned to the center with access to career
services described in clauses (i) through (xi) of section
134(c)(2)(A).
(2) Relationship to opportunities.--The activities provided
under this subsection shall be targeted to helping enrollees,
on completion of their enrollment--
(A) secure and maintain meaningful unsubsidized employment;
(B) enroll in and complete secondary education or
postsecondary education or training programs, including other
suitable career and technical education and training, and
apprenticeship programs; or
(C) satisfy Armed Forces requirements.
(3) Link to employment opportunities.--The career and
technical education and training provided shall be linked to
employment opportunities in in-demand industry sectors and
occupations in the State or local area in which the Job Corps
center is located and, to the extent practicable, in the
State or local area in which the enrollee intends to seek
employment after graduation.
(b) Academic and Career and Technical Education and
Training.--The Secretary may arrange for career and technical
education and training of enrollees through local public or
private educational agencies, career and technical
educational institutions, technical institutes, or national
service providers, whenever such entities provide education
and training substantially equivalent in cost and quality to
that which the Secretary could provide through other means.
(c) Advanced Career Training Programs.--
(1) In general.--The Secretary may arrange for programs of
advanced career training for selected enrollees in which the
enrollees may continue to participate for a period of not to
exceed 1 year in addition to the period of participation to
which the enrollees would otherwise be limited. The advanced
career training may be provided through the eligible
providers of training services identified under section 122.
(2) Benefits.--During the period of participation in an
advanced career training program, an enrollee shall be
eligible for full Job Corps benefits, or a monthly stipend
equal to the average value of the residential support, food,
allowances, and other benefits provided to enrollees assigned
to residential Job Corps centers.
[[Page H5918]]
(3) Demonstration.--The Secretary shall develop standards
by which any operator seeking to enroll additional enrollees
in an advanced career training program shall demonstrate,
before the operator may carry out such additional enrollment,
that--
(A) participants in such program have achieved a
satisfactory rate of completion and placement in training-
related jobs; and
(B) for the most recently preceding 2 program years, such
operator has, on average, met or exceeded the expected levels
of performance under section 159(c)(1) for each of the
primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii).
(d) Graduate Services.--In order to promote the retention
of graduates in employment or postsecondary education, the
Secretary shall arrange for the provision of job placement
and support services to graduates for up to 12 months after
the date of graduation. Multiple resources, including one-
stop partners, may support the provision of these services,
including services from the State vocational rehabilitation
agency, to supplement job placement and job development
efforts for Job Corps graduates who are individuals with
disabilities.
(e) Child Care.--The Secretary shall, to the extent
practicable, provide child care at or near Job Corps centers,
for individuals who require child care for their children in
order to participate in the Job Corps.
SEC. 149. COUNSELING AND JOB PLACEMENT.
(a) Assessment and Counseling.--The Secretary shall arrange
for assessment and counseling for each enrollee at regular
intervals to measure progress in the academic and career and
technical education and training programs carried out through
the Job Corps.
(b) Placement.--The Secretary shall arrange for assessment
and counseling for enrollees prior to their scheduled
graduations to determine their capabilities and, based on
their capabilities, shall place the enrollees in employment
leading to economic self-sufficiency for which the enrollees
are trained or assist the enrollees in participating in
further activities described in this subtitle. In arranging
for the placement of graduates in jobs, the Secretary shall
utilize the one-stop delivery system to the maximum extent
practicable.
(c) Status and Progress.--The Secretary shall determine the
status and progress of enrollees scheduled for graduation and
make every effort to assure that their needs for further
activities described in this subtitle are met.
(d) Services to Former Enrollees.--The Secretary may
provide such services as the Secretary determines to be
appropriate under this subtitle to former enrollees.
SEC. 150. SUPPORT.
(a) Personal Allowances.--The Secretary may provide
enrollees assigned to Job Corps centers with such personal
allowances as the Secretary may determine to be necessary or
appropriate to meet the needs of the enrollees.
(b) Transition Allowances.--The Secretary shall arrange for
a transition allowance to be paid to graduates. The
transition allowance shall be incentive-based to reflect a
graduate's completion of academic, career and technical
education or training, and attainment of recognized
postsecondary credentials.
(c) Transition Support.--The Secretary may arrange for the
provision of 3 months of employment services for former
enrollees.
SEC. 151. OPERATIONS.
(a) Operating Plan.--The provisions of the contract between
the Secretary and an entity selected to operate a Job Corps
center shall, at a minimum, serve as an operating plan for
the Job Corps center.
(b) Additional Information.--The Secretary may require the
operator, in order to remain eligible to operate the Job
Corps center, to submit such additional information as the
Secretary may require, which shall be considered part of the
operating plan.
(c) Availability.--The Secretary shall make the operating
plan described in subsections (a) and (b), excluding any
proprietary information, available to the public.
SEC. 152. STANDARDS OF CONDUCT.
(a) Provision and Enforcement.--The Secretary shall
provide, and directors of Job Corps centers shall stringently
enforce, standards of conduct within the centers. Such
standards of conduct shall include provisions forbidding the
actions described in subsection (b)(2)(A).
(b) Disciplinary Measures.--
(1) In general.--To promote the proper behavioral standards
in the Job Corps, the directors of Job Corps centers shall
have the authority to take appropriate disciplinary measures
against enrollees if such a director determines that an
enrollee has committed a violation of the standards of
conduct. The director shall dismiss the enrollee from the Job
Corps if the director determines that the retention of the
enrollee in the Job Corps will jeopardize the enforcement of
such standards, threaten the safety of staff, students, or
the local community, or diminish the opportunities of other
enrollees.
(2) Zero tolerance policy and drug testing.--
(A) Guidelines.--The Secretary shall adopt guidelines
establishing a zero tolerance policy for an act of violence,
for use, sale, or possession of a controlled substance, for
abuse of alcohol, or for other illegal or disruptive
activity.
(B) Drug testing.--The Secretary shall require drug testing
of all enrollees for controlled substances in accordance with
procedures prescribed by the Secretary under section 145(a).
(C) Definitions.--In this paragraph:
(i) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(ii) Zero tolerance policy.--The term ``zero tolerance
policy'' means a policy under which an enrollee shall be
automatically dismissed from the Job Corps after a
determination by the director that the enrollee has carried
out an action described in subparagraph (A).
(c) Appeal.--A disciplinary measure taken by a director
under this section shall be subject to expeditious appeal in
accordance with procedures established by the Secretary.
SEC. 153. COMMUNITY PARTICIPATION.
(a) Business and Community Participation.--The director of
each Job Corps center shall ensure the establishment and
development of the mutually beneficial business and community
relationships and networks described in subsection (b),
including the use of local boards, in order to enhance the
effectiveness of such centers.
(b) Networks.--The activities carried out by each Job Corps
center under this section shall include--
(1) establishing and developing relationships and networks
with--
(A) local and distant employers, to the extent practicable,
in coordination with entities carrying out other Federal and
non-Federal programs that conduct similar outreach to
employers;
(B) applicable one-stop centers and applicable local
boards, for the purpose of providing--
(i) information to, and referral of, potential enrollees;
and
(ii) job opportunities for Job Corps graduates; and
(C)(i) entities carrying out relevant apprenticeship
programs and youth programs;
(ii) labor-management organizations and local labor
organizations;
(iii) employers and contractors that support national
training contractor programs; and
(iv) community-based organizations, non-profit
organizations, and intermediaries providing workforce
development-related services; and
(2) establishing and developing relationships with members
of the community in which the Job Corps center is located,
informing members of the community about the projects of the
Job Corps center and changes in the rules, procedures, or
activities of the center that may affect the community, and
planning events of mutual interest to the community and the
Job Corps center.
(c) New Centers.--The director of a Job Corps center that
is not yet operating shall ensure the establishment and
development of the relationships and networks described in
subsection (b) at least 3 months prior to the date on which
the center accepts the first enrollee at the center.
SEC. 154. WORKFORCE COUNCILS.
(a) In General.--Each Job Corps center shall have a
workforce council, appointed by the director of the center,
in accordance with procedures established by the Secretary.
(b) Workforce Council Composition.--
(1) In general.--A workforce council shall be comprised
of--
(A) a majority of members who shall be owners of business
concerns, chief executives or chief operating officers of
nongovernmental employers, or other private sector employers,
who--
(i) have substantial management, hiring, or policy
responsibility; and
(ii) represent businesses with employment opportunities
that reflect the employment opportunities of the applicable
local areas in which enrollees will be seeking employment;
(B) representatives of labor organizations (where present)
and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) Local board.--The workforce council may include members
of the applicable local boards who meet the requirements
described in paragraph (1).
(3) Employers outside of local area.--The workforce council
for a Job Corps center may include, or otherwise provide for
consultation with, employers from outside the local area who
are likely to hire a significant number of enrollees from the
Job Corps center.
(4) Special rule for single state local areas.--In the case
of a single State local area designated under section 106(d),
the workforce council shall include a representative of the
State Board.
(c) Responsibilities.--The responsibilities of the
workforce council shall be--
(1) to work closely with all applicable local boards in
order to determine, and recommend to the Secretary,
appropriate career and technical education and training for
the center;
(2) to review all the relevant labor market information,
including related information in the State plan or the local
plan, to--
(A) recommend the in-demand industry sectors or occupations
in the area in which the Job Corps center operates;
(B) determine the employment opportunities in the local
areas in which the enrollees intend to seek employment after
graduation;
(C) determine the skills and education that are necessary
to obtain the employment opportunities; and
(D) recommend to the Secretary the type of career and
technical education and training that should be implemented
at the center to enable the enrollees to obtain the
employment opportunities; and
(3) to meet at least once every 6 months to reevaluate the
labor market information, and other relevant information, to
determine, and recommend to the Secretary, any necessary
changes in the career and technical education and training
provided at the center.
(d) New Centers.--The workforce council for a Job Corps
center that is not yet operating shall carry out the
responsibilities described in subsection (c) at least 3
months prior to the date on which the center accepts the
first enrollee at the center.
SEC. 155. ADVISORY COMMITTEES.
The Secretary may establish and use advisory committees in
connection with the operation of
[[Page H5919]]
the Job Corps program, and the operation of Job Corps
centers, whenever the Secretary determines that the
availability of outside advice and counsel on a regular basis
would be of substantial benefit in identifying and overcoming
problems, in planning program or center development, or in
strengthening relationships between the Job Corps and
agencies, institutions, or groups engaged in related
activities.
SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
(a) Projects.--The Secretary may carry out experimental,
research, or demonstration projects relating to carrying out
the Job Corps program. The Secretary may waive any provisions
of this subtitle that the Secretary finds would prevent the
Secretary from carrying out the projects if the Secretary
informs the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, in writing, not
less than 90 days in advance of issuing such waiver.
(b) Technical Assistance.--From the funds provided under
section 162 (for the purposes of administration), the
Secretary may reserve \1/4\ of 1 percent to provide, directly
or through grants, contracts, or other agreements or
arrangements as the Secretary considers appropriate,
technical assistance for the Job Corps program for the
purpose of improving program quality. Such assistance shall
include--
(1) assisting Job Corps centers and programs--
(A) in correcting deficiencies under, and violations of,
this subtitle;
(B) in meeting or exceeding the expected levels of
performance under section 159(c)(1) for the indicators of
performance described in section 116(b)(2)(A);
(C) in the development of sound management practices,
including financial management procedures; and
(2) assisting entities, including entities not currently
operating a Job Corps center, in developing the additional
selection factors information described in section 147(a)(3).
SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW.
(a) Enrollees Not Considered To Be Federal Employees.--
(1) In general.--Except as otherwise provided in this
subsection and in section 8143(a) of title 5, United States
Code, enrollees shall not be considered to be Federal
employees and shall not be subject to the provisions of law
relating to Federal employment, including such provisions
regarding hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee benefits.
(2) Provisions relating to taxes and social security
benefits.--For purposes of the Internal Revenue Code of 1986
and title II of the Social Security Act (42 U.S.C. 401 et
seq.), enrollees shall be deemed to be employees of the
United States and any service performed by an individual as
an enrollee shall be deemed to be performed in the employ of
the United States.
(3) Provisions relating to compensation to federal
employees for work injuries.--For purposes of subchapter I of
chapter 81 of title 5, United States Code (relating to
compensation to Federal employees for work injuries),
enrollees shall be deemed to be civil employees of the
Government of the United States within the meaning of the
term ``employee'' as defined in section 8101 of title 5,
United States Code, and the provisions of such subchapter
shall apply as specified in section 8143(a) of title 5,
United States Code.
(4) Federal tort claims provisions.--For purposes of the
Federal tort claims provisions in title 28, United States
Code, enrollees shall be considered to be employees of the
Government.
(b) Adjustments and Settlements.--Whenever the Secretary
finds a claim for damages to a person or property resulting
from the operation of the Job Corps to be a proper charge
against the United States, and the claim is not cognizable
under section 2672 of title 28, United States Code, the
Secretary may adjust and settle the claim in an amount not
exceeding $1,500.
(c) Personnel of the Uniformed Services.--Personnel of the
uniformed services who are detailed or assigned to duty in
the performance of agreements made by the Secretary for the
support of the Job Corps shall not be counted in computing
strength under any law limiting the strength of such services
or in computing the percentage authorized by law for any
grade in such services.
SEC. 158. SPECIAL PROVISIONS.
(a) Enrollment.--The Secretary shall ensure that women and
men have an equal opportunity to participate in the Job Corps
program, consistent with section 145.
(b) Studies, Evaluations, Proposals, and Data.--The
Secretary shall assure that all studies, evaluations,
proposals, and data produced or developed with Federal funds
in the course of carrying out the Job Corps program shall
become the property of the United States.
(c) Transfer of Property.--
(1) In general.--Notwithstanding chapter 5 of title 40,
United States Code, and any other provision of law, the
Secretary and the Secretary of Education shall receive
priority by the Secretary of Defense for the direct transfer,
on a nonreimbursable basis, of the property described in
paragraph (2) for use in carrying out programs under this Act
or under any other Act.
(2) Property.--The property described in this paragraph is
real and personal property under the control of the
Department of Defense that is not used by such Department,
including property that the Secretary of Defense determines
is in excess of current and projected requirements of such
Department.
(d) Gross Receipts.--Transactions conducted by a private
for-profit or nonprofit entity that is an operator or service
provider for a Job Corps center shall not be considered to be
generating gross receipts. Such an operator or service
provider shall not be liable, directly or indirectly, to any
State or subdivision of a State (nor to any person acting on
behalf of such a State or subdivision) for any gross receipts
taxes, business privilege taxes measured by gross receipts,
or any similar taxes imposed on, or measured by, gross
receipts in connection with any payments made to or by such
entity for operating or providing services to a Job Corps
center. Such an operator or service provider shall not be
liable to any State or subdivision of a State to collect or
pay any sales, excise, use, or similar tax imposed on the
sale to or use by such operator or service provider of any
property, service, or other item in connection with the
operation of or provision of services to a Job Corps center.
(e) Management Fee.--The Secretary shall provide each
operator and (in an appropriate case, as determined by the
Secretary) service provider with an equitable and negotiated
management fee of not less than 1 percent of the amount of
the funding provided under the appropriate agreement
specified in section 147.
(f) Donations.--The Secretary may accept on behalf of the
Job Corps or individual Job Corps centers charitable
donations of cash or other assistance, including equipment
and materials, if such donations are available for
appropriate use for the purposes set forth in this subtitle.
(g) Sale of Property.--Notwithstanding any other provision
of law, if the Administrator of General Services sells a Job
Corps center facility, the Administrator shall transfer the
proceeds from the sale to the Secretary, who shall use the
proceeds to carry out the Job Corps program.
SEC. 159. MANAGEMENT INFORMATION.
(a) Financial Management Information System.--
(1) In general.--The Secretary shall establish procedures
to ensure that each operator, and each service provider,
maintains a financial management information system that will
provide--
(A) accurate, complete, and current disclosures of the
costs of Job Corps operations; and
(B) sufficient data for the effective evaluation of
activities carried out through the Job Corps program.
(2) Accounts.--Each operator and service provider shall
maintain funds received under this subtitle in accounts in a
manner that ensures timely and accurate reporting as required
by the Secretary.
(3) Fiscal responsibility.--Operators shall remain fiscally
responsible and control costs, regardless of whether the
funds made available for Job Corps centers are incrementally
increased or decreased between fiscal years.
(b) Audit.--
(1) Access.--The Secretary, the Inspector General of the
Department of Labor, the Comptroller General of the United
States, and any of their duly authorized representatives,
shall have access to any books, documents, papers, and
records of the operators and service providers described in
subsection (a) that are pertinent to the Job Corps program,
for purposes of conducting surveys, audits, and evaluations
of the operators and service providers.
(2) Surveys, audits, and evaluations.--The Secretary shall
survey, audit, or evaluate, or arrange for the survey, audit,
or evaluation of, the operators and service providers, using
Federal auditors or independent public accountants. The
Secretary shall conduct such surveys, audits, or evaluations
not less often than once every 3 years.
(c) Information on Indicators of Performance.--
(1) Levels of performance and indicators.--The Secretary
shall annually establish expected levels of performance for a
Job Corps center and the Job Corps program relating to each
of the primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii).
(2) Performance of recruiters.--The Secretary shall also
establish performance indicators, and expected levels of
performance on the performance indicators, for recruitment
service providers serving the Job Corps program. The
performance indicators shall relate to--
(A) the number of enrollees recruited, compared to the
established goals for such recruitment, and the number of
enrollees who remain committed to the program for 90 days
after enrollment; and
(B) the measurements described in subparagraphs (I), (L),
and (M) of subsection (d)(1).
(3) Performance of career transition service providers.--
The Secretary shall also establish performance indicators,
and expected performance levels on the performance
indicators, for career transition service providers serving
the Job Corps program. The performance indicators shall
relate to--
(A) the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii); and
(B) the measurements described in subparagraphs (D), (E),
(H), (J), and (K) of subsection (d)(1).
(4) Report.--The Secretary shall collect, and annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report
including--
(A) information on the performance of each Job Corps
center, and the Job Corps program, based on the performance
indicators described in paragraph (1), as compared to the
expected level of performance established under such
paragraph for each performance indicator; and
(B) information on the performance of the service providers
described in paragraphs (2) and (3) on the performance
indicators established under such paragraphs, as compared to
the expected level of performance established for each
performance indicator.
[[Page H5920]]
(d) Additional Information.--
(1) In general.--The Secretary shall also collect, and
submit in the report described in subsection (c)(4),
information on the performance of each Job Corps center, and
the Job Corps program, regarding--
(A) the number of enrollees served;
(B) demographic information on the enrollees served,
including age, race, gender, and education and income level;
(C) the number of graduates of a Job Corps center;
(D) the number of graduates who entered the Armed Forces;
(E) the number of graduates who entered apprenticeship
programs;
(F) the number of graduates who received a regular
secondary school diploma;
(G) the number of graduates who received a State recognized
equivalent of a secondary school diploma;
(H) the number of graduates who entered unsubsidized
employment related to the career and technical education and
training received through the Job Corps program and the
number who entered unsubsidized employment not related to the
education and training received;
(I) the percentage and number of former enrollees,
including the number dismissed under the zero tolerance
policy described in section 152(b);
(J) the percentage and number of graduates who enter
postsecondary education;
(K) the average wage of graduates who enter unsubsidized
employment--
(i) on the first day of such employment; and
(ii) on the day that is 6 months after such first day;
(L) the percentages of enrollees described in subparagraphs
(A) and (B) of section 145(c)(1), as compared to the
percentage targets established by the Secretary under such
section for the center;
(M) the cost per enrollee, which is calculated by comparing
the number of enrollees at the center in a program year to
the total budget for such center in the same program year;
(N) the cost per graduate, which is calculated by comparing
the number of graduates of the center in a program year
compared to the total budget for such center in the same
program year; and
(O) any additional information required by the Secretary.
(2) Rules for reporting of data.--The disaggregation of
data under this subsection shall not be required when the
number of individuals in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an
individual.
(e) Methods.--The Secretary shall collect the information
described in subsections (c) and (d), using methods described
in section 116(i)(2) and consistent with State law, by
entering into agreements with the States to access such data
for Job Corps enrollees, former enrollees, and graduates.
(f) Performance Assessments and Improvements.--
(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based
on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps
program.
(2) Performance improvement.--With respect to a Job Corps
center that fails to meet the expected levels of performance
relating to the primary indicators of performance specified
in subsection (c)(1), the Secretary shall develop and
implement a performance improvement plan. Such a plan shall
require action to be taken during a 1-year period,
including--
(A) providing technical assistance to the center;
(B) changing the career and technical education and
training offered at the center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) Additional performance improvement.--In addition to the
performance improvement plans required under paragraph (2),
the Secretary may develop and implement additional
performance improvement plans. Such a plan shall require
improvements, including the actions described in such
paragraph, for a Job Corps center that fails to meet criteria
established by the Secretary other than the expected levels
of performance described in such paragraph.
(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that fails to meet the expected
levels of performance relating to the primary indicators of
performance specified in subsection (c)(1) or fails to
improve performance as described in paragraph (2) after 3
program years, the Secretary, in consultation with the
Secretary of Agriculture, shall select an entity to operate
the Civilian Conservation Center on a competitive basis, in
accordance with the requirements of section 147.
(g) Participant Health and Safety.--
(1) Center.--The Secretary shall ensure that a review by an
appropriate Federal, State, or local entity of the physical
condition and health-related activities of each Job Corps
center occurs annually.
(2) Work-based learning locations.--The Secretary shall
require that an entity that has entered into a contract to
provide work-based learning activities for any Job Corps
enrollee under this subtitle shall comply with the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) or, as appropriate, under the corresponding State
Occupational Safety and Health Act of 1970 requirements in
the State in which such activities occur.
(h) Buildings and Facilities.--The Secretary shall collect,
and submit in the report described in subsection (c)(4),
information regarding the state of Job Corps buildings and
facilities. Such report shall include--
(1) a review of requested construction, rehabilitation, and
acquisition projects, by each Job Corps center; and
(2) a review of new facilities under construction.
(i) National and Community Service.--The Secretary shall
include in the report described in subsection (c)(4)
available information regarding the national and community
service activities of enrollees, particularly those enrollees
at Civilian Conservation Centers.
(j) Closure of Job Corps Center.--Prior to the closure of
any Job Corps center, the Secretary shall ensure--
(1) that the proposed decision to close the center is
announced in advance to the general public through
publication in the Federal Register or other appropriate
means;
(2) the establishment of a reasonable comment period, not
to exceed 30 days, for interested individuals to submit
written comments to the Secretary; and
(3) that the Member of Congress who represents the district
in which such center is located is notified within a
reasonable period of time in advance of any final decision to
close the center.
SEC. 160. GENERAL PROVISIONS.
The Secretary is authorized to--
(1) disseminate, with regard to the provisions of section
3204 of title 39, United States Code, data and information in
such forms as the Secretary shall determine to be
appropriate, to public agencies, private organizations, and
the general public;
(2) subject to section 157(b), collect or compromise all
obligations to or held by the Secretary and exercise all
legal or equitable rights accruing to the Secretary in
connection with the payment of obligations until such time as
such obligations may be referred to the Attorney General for
suit or collection; and
(3) expend funds made available for purposes of this
subtitle--
(A) for printing and binding, in accordance with applicable
law (including regulation); and
(B) without regard to any other law (including regulation),
for rent of buildings and space in buildings and for repair,
alteration, and improvement of buildings and space in
buildings rented by the Secretary, except that the Secretary
shall not expend funds under the authority of this
subparagraph--
(i) except when necessary to obtain an item, service, or
facility, that is required in the proper administration of
this subtitle, and that otherwise could not be obtained, or
could not be obtained in the quantity or quality needed, or
at the time, in the form, or under the conditions in which
the item, service, or facility is needed; and
(ii) prior to having given written notification to the
Administrator of General Services (if the expenditure would
affect an activity that otherwise would be under the
jurisdiction of the General Services Administration) of the
intention of the Secretary to make the expenditure, and the
reasons and justifications for the expenditure.
SEC. 161. JOB CORPS OVERSIGHT AND REPORTING.
(a) Temporary Financial Reporting.--
(1) In general.--During the periods described in paragraphs
(2) and (3)(B), the Secretary shall prepare and submit to the
applicable committees financial reports regarding the Job
Corps program under this subtitle. Each such financial report
shall include--
(A) information regarding the implementation of the
financial oversight measures suggested in the May 31, 2013,
report of the Office of Inspector General of the Department
of Labor entitled ``The U.S. Department of Labor's Employment
and Training Administration Needs to Strengthen Controls over
Job Corps Funds'';
(B) a description of any budgetary shortfalls for the
program for the period covered by the financial report, and
the reasons for such shortfalls; and
(C) a description and explanation for any approval for
contract expenditures that are in excess of the amounts
provided for under the contract.
(2) Timing of reports.--The Secretary shall submit a
financial report under paragraph (1) once every 6 months
beginning on the date of enactment of this Act, for a 3-year
period. After the completion of such 3-year period, the
Secretary shall submit a financial report under such
paragraph once a year for the next 2 years, unless additional
reports are required under paragraph (3)(B).
(3) Reporting requirements in cases of budgetary
shortfalls.--If any financial report required under this
subsection finds that the Job Corps program under this
subtitle has a budgetary shortfall for the period covered by
the report, the Secretary shall--
(A) not later than 90 days after the budgetary shortfall
was identified, submit a report to the applicable committees
explaining how the budgetary shortfall will be addressed; and
(B) submit an additional financial report under paragraph
(1) for each 6-month period subsequent to the finding of the
budgetary shortfall until the Secretary demonstrates, through
such report, that the Job Corps program has no budgetary
shortfall.
(b) Third-party Review.--Every 5 years after the date of
enactment of this Act, the Secretary shall provide for a
third-party review of the Job Corps program under this
subtitle that addresses all of the areas described in
subparagraphs (A) through (G) of section 169(a)(2). The
results of the review shall be submitted to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate.
[[Page H5921]]
(c) Criteria for Job Corps Center Closures.--By not later
than December 1, 2014, the Secretary shall establish written
criteria that the Secretary shall use to determine when a Job
Corps center supported under this subtitle is to be closed
and how to carry out such closure, and shall submit such
criteria to the applicable committees.
(d) Definition of Applicable Committees.--In this section,
the term ``applicable committees'' means--
(1) the Committee on Education and the Workforce of the
House of Representatives;
(2) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of
Appropriations of the House of Representatives;
(3) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(4) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of
Appropriations of the Senate.
SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,688,155,000 for fiscal year 2015;
(2) $1,818,548,000 for fiscal year 2016;
(3) $1,856,283,000 for fiscal year 2017;
(4) $1,897,455,000 for fiscal year 2018;
(5) $1,942,064,000 for fiscal year 2019; and
(6) $1,983,236,000 for fiscal year 2020.
Subtitle D--National Programs
SEC. 166. NATIVE AMERICAN PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to support
employment and training activities for Indian, Alaska Native,
and Native Hawaiian individuals in order--
(A) to develop more fully the academic, occupational, and
literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce and to equip them with the entrepreneurial skills
necessary for successful self-employment; and
(C) to promote the economic and social development of
Indian, Alaska Native, and Native Hawaiian communities in
accordance with the goals and values of such communities.
(2) Indian policy.--All programs assisted under this
section shall be administered in a manner consistent with the
principles of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) and the government-to-
government relationship between the Federal Government and
Indian tribal governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native'' includes a
Native and a descendant of a Native, as such terms are
defined in subsections (b) and (r) of section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b), (r)).
(2) Indian, indian tribe, and tribal organization.--The
terms ``Indian'', ``Indian tribe'', and ``tribal
organization'' have the meanings given such terms in
subsections (d), (e), and (l), respectively, of section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(3) Native hawaiian and native hawaiian organization.--The
terms ``Native Hawaiian'' and ``Native Hawaiian
organization'' have the meanings given such terms in section
7207 of the Native Hawaiian Education Act (20 U.S.C. 7517).
(c) Program Authorized.--Every 4 years, the Secretary
shall, on a competitive basis, make grants to, or enter into
contracts or cooperative agreements with, Indian tribes,
tribal organizations, Alaska Native entities, Indian-
controlled organizations serving Indians, or Native Hawaiian
organizations to carry out the authorized activities
described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Funds made available under subsection (c)
shall be used to carry out the activities described in
paragraph (2) that--
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians, Alaska
Natives, or Native Hawaiians preparing to enter, reenter, or
retain unsubsidized employment leading to self-sufficiency.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under subsection (c)
shall be used for--
(i) comprehensive workforce development activities for
Indians, Alaska Natives, or Native Hawaiians, including
training on entrepreneurial skills; or
(ii) supplemental services for Indian, Alaska Native, or
Native Hawaiian youth on or near Indian reservations and in
Oklahoma, Alaska, or Hawaii.
(B) Special rule.--Notwithstanding any other provision of
this section, individuals who were eligible to participate in
programs under section 401 of the Job Training Partnership
Act (as such section was in effect on the day before the date
of enactment of the Workforce Investment Act of 1998) shall
be eligible to participate in an activity assisted under this
section.
(e) Program Plan.--In order to receive a grant or enter
into a contract or cooperative agreement under this section,
an entity described in subsection (c) shall submit to the
Secretary a program plan that describes a 4-year strategy for
meeting the needs of Indian, Alaska Native, or Native
Hawaiian individuals, as appropriate, in the area served by
such entity. Such plan shall--
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the
activities to be provided will strengthen the ability of the
individuals served to obtain or retain unsubsidized
employment leading to self-sufficiency;
(4) describe the activities to be provided and the manner
in which such activities are to be integrated with other
appropriate activities; and
(5) describe, after the entity submitting the plan consults
with the Secretary, the performance accountability measures
to be used to assess the performance of entities in carrying
out the activities assisted under this section, which shall
include the primary indicators of performance described in
section 116(b)(2)(A) and expected levels of performance for
such indicators, in accordance with subsection (h).
(f) Consolidation of Funds.--Each entity receiving
assistance under subsection (c) may consolidate such
assistance with assistance received from related programs in
accordance with the provisions of the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.).
(g) Nonduplicative and Nonexclusive Services.--Nothing in
this section shall be construed--
(1) to limit the eligibility of any entity described in
subsection (c) to participate in any activity offered by a
State or local entity under this Act; or
(2) to preclude or discourage any agreement, between any
entity described in subsection (c) and any State or local
entity, to facilitate the provision of services by such
entity or to the population served by such entity.
(h) Performance Accountability Measures.--
(1) Additional performance indicators and standards.--
(A) Development of indicators and standards.--The
Secretary, in consultation with the Native American
Employment and Training Council, shall develop a set of
performance indicators and standards that is in addition to
the primary indicators of performance described in section
116(b)(2)(A) and that shall be applicable to programs under
this section.
(B) Special considerations.--Such performance indicators
and standards shall take into account--
(i) the purpose of this section as described in subsection
(a)(1);
(ii) the needs of the groups served by this section,
including the differences in needs among such groups in
various geographic service areas; and
(iii) the economic circumstances of the communities served,
including differences in circumstances among various
geographic service areas.
(2) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (c) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
116(b)(2)(A), taking into account economic conditions,
characteristics of the individuals served, and other
appropriate factors and using, to the extent practicable, the
statistical adjustment model under section
116(b)(3)(A)(viii). The levels agreed to shall be the
adjusted levels of performance and shall be incorporated in
the program plan.
(i) Administrative Provisions.--
(1) Organizational unit established.--The Secretary shall
designate a single organizational unit within the Department
of Labor that shall have primary responsibility for the
administration of the activities authorized under this
section.
(2) Regulations.--The Secretary shall consult with the
entities described in subsection (c) in--
(A) establishing regulations to carry out this section,
including regulations relating to the performance
accountability measures for entities receiving assistance
under this section; and
(B) developing a funding distribution plan that takes into
consideration previous levels of funding (prior to the date
of enactment of this Act) to such entities.
(3) Waivers.--
(A) In general.--With respect to an entity described in
subsection (c), the Secretary, notwithstanding any other
provision of law, may, pursuant to a request submitted by
such entity that meets the requirements established under
subparagraph (B), waive any of the statutory or regulatory
requirements of this title that are inconsistent with the
specific needs of the entity described in such subsection,
except that the Secretary may not waive requirements relating
to wage and labor standards, worker rights, participation and
protection of workers and participants, grievance procedures,
and judicial review.
(B) Request and approval.--An entity described in
subsection (c) that requests a waiver under subparagraph (A)
shall submit a plan to the Secretary to improve the program
of workforce investment activities carried out by the entity,
which plan shall meet the requirements established by the
Secretary and shall be generally consistent with the
requirements of section 189(i)(3)(B).
(4) Advisory council.--
(A) In general.--Using funds made available to carry out
this section, the Secretary shall establish a Native American
Employment and Training Council to facilitate the
consultation described in paragraph (2) and to provide the
advice described in subparagraph (C).
(B) Composition.--The Council shall be composed of
individuals, appointed by the Secretary, who are
representatives of the entities described in subsection (c).
(C) Duties.--The Council shall advise the Secretary on the
operation and administration of the programs assisted under
this section, including the selection of the individual
appointed as head of the unit established under paragraph
(1).
(D) Personnel matters.--
(i) Compensation of members.--Members of the Council shall
serve without compensation.
[[Page H5922]]
(ii) Travel expenses.--The members of the Council shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Council.
(iii) Administrative support.--The Secretary shall provide
the Council with such administrative support as may be
necessary to perform the functions of the Council.
(E) Chairperson.--The Council shall select a chairperson
from among its members.
(F) Meetings.--The Council shall meet not less than twice
each year.
(G) Application.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
(5) Technical assistance.--The Secretary, acting through
the unit established under paragraph (1), is authorized to
provide technical assistance to entities described in
subsection (c) that receive assistance under such subsection
to enable such entities to improve the activities authorized
under this section that are provided by such entities.
(6) Agreement for certain federally recognized indian
tribes to transfer funds to the program.--A federally
recognized Indian tribe that administers funds provided under
this section and funds provided by more than one State under
other sections of this title may enter into an agreement with
the Secretary and the Governors of the affected States to
transfer the funds provided by the States to the program
administered by the tribe under this section.
(j) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts and cooperative
agreements entered into under this section shall be subject
to the requirements of chapter 75 of subtitle V of title 31,
United States Code, and charging of costs under this section
shall be subject to appropriate circulars issued by the
Office of Management and Budget.
(k) Assistance to Unique Populations in Alaska and
Hawaii.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary is authorized to award grants, on a
competitive basis, to entities with demonstrated experience
and expertise in developing and implementing programs for the
unique populations who reside in Alaska or Hawaii, including
public and private nonprofit organizations, tribal
organizations, American Indian tribal colleges or
universities, institutions of higher education, or consortia
of such organizations or institutions, to improve job
training and workforce investment activities for such unique
populations.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $461,000 for fiscal year 2015;
(B) $497,000 for fiscal year 2016;
(C) $507,000 for fiscal year 2017;
(D) $518,000 for fiscal year 2018;
(E) $530,000 for fiscal year 2019; and
(F) $542,000 for fiscal year 2020.
SEC. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
(a) In General.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts
with, eligible entities to carry out the activities described
in subsection (d).
(b) Eligible Entities.--To be eligible to receive a grant
or enter into a contract under this section, an entity shall
have an understanding of the problems of eligible migrant and
seasonal farmworkers (including dependents), a familiarity
with the area to be served, and the ability to demonstrate a
capacity to administer and deliver effectively a diversified
program of workforce investment activities (including youth
workforce investment activities) and related assistance for
eligible migrant and seasonal farmworkers.
(c) Program Plan.--
(1) In general.--To be eligible to receive a grant or enter
into a contract under this section, an entity described in
subsection (b) shall submit to the Secretary a plan that
describes a 4-year strategy for meeting the needs of eligible
migrant and seasonal farmworkers in the area to be served by
such entity.
(2) Contents.--Such plan shall--
(A) describe the population to be served and identify the
education and employment needs of the population to be served
and the manner in which the services to be provided will
strengthen the ability of the eligible migrant and seasonal
farmworkers and dependents to obtain or retain unsubsidized
employment, or stabilize their unsubsidized employment,
including upgraded employment in agriculture;
(B) describe the related assistance and supportive services
to be provided and the manner in which such assistance and
services are to be integrated and coordinated with other
appropriate services;
(C) describe the performance accountability measures to be
used to assess the performance of such entity in carrying out
the activities assisted under this section, which shall
include the expected levels of performance for the primary
indicators of performance described in section 116(b)(2)(A);
(D) describe the availability and accessibility of local
resources, such as supportive services, services provided
through one-stop delivery systems, and education and training
services, and how the resources can be made available to the
population to be served; and
(E) describe the plan for providing services under this
section, including strategies and systems for outreach,
career planning, assessment, and delivery through one-stop
delivery systems.
(3) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (b) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
116(b)(2)(A), taking into account economic conditions,
characteristics of the individuals served, and other
appropriate factors, and using, to the extent practicable,
the statistical adjustment model under section
116(b)(3)(A)(viii). The levels agreed to shall be the
adjusted levels of performance and shall be incorporated in
the program plan.
(4) Administration.--Grants and contracts awarded under
this section shall be centrally administered by the
Department of Labor and competitively awarded by the
Secretary using procedures consistent with standard Federal
Government competitive procurement policies.
(d) Authorized Activities.--Funds made available under this
section and section 127(a)(1) shall be used to carry out
workforce investment activities (including youth workforce
investment activities) and provide related assistance for
eligible migrant and seasonal farmworkers, which may
include--
(1) outreach, employment, training, educational assistance,
literacy assistance, English language and literacy
instruction, pesticide and worker safety training, housing
(including permanent housing), supportive services, and
school dropout prevention and recovery activities;
(2) followup services for those individuals placed in
employment;
(3) self-employment and related business or micro-
enterprise development or education as needed by eligible
individuals as identified pursuant to the plan required by
subsection (c);
(4) customized career and technical education in
occupations that will lead to higher wages, enhanced
benefits, and long-term employment in agriculture or another
area; and
(5) technical assistance to improve coordination of
services and implement best practices relating to service
delivery through one-stop delivery systems.
(e) Consultation With Governors and Local Boards.--In
making grants and entering into contracts under this section,
the Secretary shall consult with the Governors and local
boards of the States in which the eligible entities will
carry out the activities described in subsection (d).
(f) Regulations.--The Secretary shall consult with eligible
migrant and seasonal farmworkers groups and States in
establishing regulations to carry out this section, including
regulations relating to how economic and demographic barriers
to employment of eligible migrant and seasonal farmworkers
should be considered and included in the negotiations leading
to the adjusted levels of performance described in subsection
(c)(3).
(g) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts entered into under
this section shall be subject to the requirements of chapter
75 of subtitle V of title 31, United States Code and charging
of costs under this section shall be subject to appropriate
circulars issued by the Office of Management and Budget.
(h) Funding Allocation.--From the funds appropriated and
made available to carry out this section, the Secretary shall
reserve not more than 1 percent for discretionary purposes,
such as providing technical assistance to eligible entities.
(i) Definitions.--In this section:
(1) Eligible migrant and seasonal farmworkers.--The term
``eligible migrant and seasonal farmworkers'' means
individuals who are eligible migrant farmworkers or are
eligible seasonal farmworkers.
(2) Eligible migrant farmworker.--The term ``eligible
migrant farmworker'' means--
(A) an eligible seasonal farmworker described in paragraph
(3)(A) whose agricultural labor requires travel to a job site
such that the farmworker is unable to return to a permanent
place of residence within the same day; and
(B) a dependent of the farmworker described in subparagraph
(A).
(3) Eligible seasonal farmworker.--The term ``eligible
seasonal farmworker'' means--
(A) a low-income individual who--
(i) for 12 consecutive months out of the 24 months prior to
application for the program involved, has been primarily
employed in agricultural or fish farming labor that is
characterized by chronic unemployment or underemployment; and
(ii) faces multiple barriers to economic self-sufficiency;
and
(B) a dependent of the person described in subparagraph
(A).
SEC. 168. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--
(1) In general.--The Secretary shall ensure that the
Department has sufficient capacity to, and does, provide,
coordinate, and support the development of, appropriate
training, technical assistance, staff development, and other
activities, including--
(A) assistance in replicating programs of demonstrated
effectiveness, to States and localities;
(B) the training of staff providing rapid response
services;
(C) the training of other staff of recipients of funds
under this title, including the staff of local boards and
State boards;
(D) the training of members of State boards and local
boards;
(E) assistance in the development and implementation of
integrated, technology-enabled intake and case management
information systems for programs carried out under this Act
and programs carried out by one-stop partners, such as
standard sets of technical requirements for the systems,
offering interfaces that States could use in conjunction with
their current (as of the first date of implementation of the
systems) intake and case management information systems that
would facilitate shared registration across programs;
(F) assistance regarding accounting and program operations
to States and localities (when
[[Page H5923]]
such assistance would not supplant assistance provided by the
State);
(G) peer review activities under this title; and
(H) in particular, assistance to States in making
transitions to implement the provisions of this Act.
(2) Form of assistance.--
(A) In general.--In order to carry out paragraph (1) on
behalf of a State or recipient of financial assistance under
section 166 or 167, the Secretary, after consultation with
the State or grant recipient, may award grants or enter into
contracts or cooperative agreements.
(B) Limitation.--Grants or contracts awarded under
paragraph (1) to entities other than States or local units of
government that are for amounts in excess of $100,000 shall
only be awarded on a competitive basis.
(b) Dislocated Worker Technical Assistance.--
(1) Authority.--Of the amounts available pursuant to
section 132(a)(2)(A), the Secretary shall reserve not more
than 5 percent of such amounts to provide technical
assistance to States that do not meet the State performance
accountability measures for the primary indicators of
performance described in section 116(b)(2)(A)(i) with respect
to employment and training activities for dislocated workers.
Using such reserved funds, the Secretary may provide such
assistance to other States, local areas, and other entities
involved in providing assistance to dislocated workers, to
promote the continuous improvement of assistance provided to
dislocated workers, under this title.
(2) Training.--Amounts reserved under this subsection may
be used to provide for the training of staff, including
specialists, who provide rapid response services. Such
training shall include instruction in proven methods of
promoting, establishing, and assisting labor-management
committees. Such projects shall be administered through the
Employment and Training Administration of the Department.
(c) Promising and Proven Practices Coordination.--The
Secretary shall--
(1) establish a system through which States may share
information regarding promising and proven practices with
regard to the operation of workforce investment activities
under this Act;
(2) evaluate and disseminate information regarding such
promising and proven practices and identify knowledge gaps;
and
(3) commission research under section 169(b) to address
knowledge gaps identified under paragraph (2).
SEC. 169. EVALUATIONS AND RESEARCH.
(a) Evaluations.--
(1) Evaluations of programs and activities carried out
under this title.--
(A) In general.--For the purpose of improving the
management and effectiveness of programs and activities
carried out under this title, the Secretary, through grants,
contracts, or cooperative agreements, shall provide for the
continuing evaluation of the programs and activities under
this title, including those programs and activities carried
out under this section.
(B) Periodic independent evaluation.--The evaluations
carried out under this paragraph shall include an independent
evaluation, at least once every 4 years, of the programs and
activities carried out under this title.
(2) Evaluation subjects.--Each evaluation carried out under
paragraph (1) shall address--
(A) the general effectiveness of such programs and
activities in relation to their cost, including the extent to
which the programs and activities--
(i) improve the employment competencies of participants in
comparison to comparably-situated individuals who did not
participate in such programs and activities; and
(ii) to the extent feasible, increase the level of total
employment over the level that would have existed in the
absence of such programs and activities;
(B) the effectiveness of the performance accountability
measures relating to such programs and activities;
(C) the effectiveness of the structure and mechanisms for
delivery of services through such programs and activities,
including the coordination and integration of services
through such programs and activities;
(D) the impact of such programs and activities on the
community, businesses, and participants involved;
(E) the impact of such programs and activities on related
programs and activities;
(F) the extent to which such programs and activities meet
the needs of various demographic groups; and
(G) such other factors as may be appropriate.
(3) Evaluations of other programs and activities.--The
Secretary may conduct evaluations of other federally funded
employment-related programs and activities under other
provisions of law.
(4) Techniques.--Evaluations conducted under this
subsection shall utilize appropriate and rigorous methodology
and research designs, including the use of control groups
chosen by scientific random assignment methodologies. The
Secretary shall conduct at least 1 multisite control group
evaluation under this subsection by the end of fiscal year
2019, and thereafter shall ensure that such an analysis is
included in the independent evaluation described in paragraph
(1)(B) that is conducted at least once every 4 years.
(5) Reports.--The entity carrying out an evaluation
described in paragraph (1) or (2) shall prepare and submit to
the Secretary a draft report and a final report containing
the results of the evaluation.
(6) Reports to congress.--Not later than 30 days after the
completion of a draft report under paragraph (5), the
Secretary shall transmit the draft report to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate. Not later than 60 days after the completion of a
final report under such paragraph, the Secretary shall
transmit the final report to such committees.
(7) Public availability.--Not later than 30 days after the
date the Secretary transmits the final report as described in
paragraph (6), the Secretary shall make that final report
available to the general public on the Internet, on the Web
site of the Department of Labor.
(8) Publication of reports.--If an entity that enters into
a contract or other arrangement with the Secretary to conduct
an evaluation of a program or activity under this subsection
requests permission from the Secretary to publish a report
resulting from the evaluation, such entity may publish the
report unless the Secretary denies the request during the 90-
day period beginning on the date the Secretary receives such
request.
(9) Coordination.--The Secretary shall ensure the
coordination of evaluations carried out by States pursuant to
section 116(e) with the evaluations carried out under this
subsection.
(b) Research, Studies, and Multistate Projects.--
(1) In general.--After consultation with States,
localities, and other interested parties, the Secretary
shall, every 2 years, publish in the Federal Register, a plan
that describes the research, studies, and multistate project
priorities of the Department of Labor concerning employment
and training for the 5-year period following the submission
of the plan. The plan shall be consistent with the purposes
of this title, including the purpose of aligning and
coordinating core programs with other one-stop partner
programs. Copies of the plan shall be transmitted to the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, the Department of Education, and
other relevant Federal agencies.
(2) Factors.--The plan published under paragraph (1) shall
contain strategies to address national employment and
training problems and take into account factors such as--
(A) the availability of existing research (as of the date
of the publication);
(B) the need to ensure results that have interstate
validity;
(C) the benefits of economies of scale and the efficiency
of proposed projects; and
(D) the likelihood that the results of the projects will be
useful to policymakers and stakeholders in addressing
employment and training problems.
(3) Research projects.--The Secretary shall, through grants
or contracts, carry out research projects that will
contribute to the solution of employment and training
problems in the United States and that are consistent with
the priorities specified in the plan published under
paragraph (1).
(4) Studies and reports.--
(A) Net impact studies and reports.--The Secretary of
Labor, in coordination with the Secretary of Education and
other relevant Federal agencies, may conduct studies to
determine the net impact and best practices of programs,
services, and activities carried out under this Act.
(B) Study on resources available to assist disconnected
youth.--The Secretary of Labor, in coordination with the
Secretary of Education, may conduct a study examining the
characteristics of eligible youth that result in such youth
being significantly disconnected from education and workforce
participation, the ways in which such youth could have
greater opportunities for education attainment and obtaining
employment, and the resources available to assist such youth
in obtaining the skills, credentials, and work experience
necessary to become economically self-sufficient.
(C) Study of effectiveness of workforce development system
in meeting business needs.--Using funds available to carry
out this subsection jointly with funds available to the
Secretary of Commerce, the Administrator of the Small
Business Administration, and the Secretary of Education, the
Secretary of Labor, in coordination with the Secretary of
Commerce, the Administrator of the Small Business
Administration, and the Secretary of Education, may conduct a
study of the effectiveness of the workforce development
system in meeting the needs of business, such as through the
use of industry or sector partnerships, with particular
attention to the needs of small business, including in
assisting workers to obtain the skills needed to utilize
emerging technologies.
(D) Study on participants entering nontraditional
occupations.--The Secretary of Labor, in coordination with
the Secretary of Education, may conduct a study examining the
number and percentage of individuals who receive employment
and training activities and who enter nontraditional
occupations, successful strategies to place and support the
retention of individuals in nontraditional employment (such
as by providing post-placement assistance to participants in
the form of exit interviews, mentoring, networking, and
leadership development), and the degree to which recipients
of employment and training activities are informed of the
possibility of, or directed to begin, training or education
needed for entrance into nontraditional occupations.
(E) Study on performance indicators.--The Secretary of
Labor, in coordination with the Secretary of Education, may
conduct studies to determine the feasibility of, and
potential means to replicate, measuring the compensation,
including the wages, benefits, and other incentives provided
by an employer, received by program participants by using
data other than or in addition to data available through wage
records, for potential use as a performance indicator.
(F) Study on job training for recipients of public housing
assistance.--The Secretary of
[[Page H5924]]
Labor, in coordination with the Secretary of Housing and
Urban Development, may conduct studies to assist public
housing authorities to provide, to recipients of public
housing assistance, job training programs that successfully
upgrade job skills and employment in, and access to, jobs
with opportunity for advancement and economic self-
sufficiency for such recipients.
(G) Study on improving employment prospects for older
individuals.--The Secretary of Labor, in coordination with
the Secretary of Education and the Secretary of Health and
Human Services, may conduct studies that lead to better
design and implementation of, in conjunction with employers,
local boards or State boards, community colleges or area
career and technical education schools, and other
organizations, effective evidence-based strategies to provide
services to workers who are low-income, low-skilled older
individuals that increase the workers' skills and employment
prospects.
(H) Study on prior learning.--The Secretary of Labor, in
coordination with other heads of Federal agencies, as
appropriate, may conduct studies that, through convening
stakeholders from the fields of education, workforce,
business, labor, defense, and veterans services, and experts
in such fields, develop guidelines for assessing, accounting
for, and utilizing the prior learning of individuals,
including dislocated workers and veterans, in order to
provide the individuals with postsecondary educational credit
for such prior learning that leads to the attainment of a
recognized postsecondary credential identified under section
122(d) and employment.
(I) Study on career pathways for health care providers and
providers of early education and child care.--The Secretary
of Labor, in coordination with the Secretary of Education and
the Secretary of Health and Human Services, shall conduct a
multistate study to develop, implement, and build upon career
advancement models and practices for low-wage health care
providers or providers of early education and child care,
including faculty education and distance education programs.
(J) Study on equivalent pay.--The Secretary shall conduct a
multistate study to develop and disseminate strategies for
ensuring that programs and activities carried out under this
Act are placing individuals in jobs, education, and training
that lead to equivalent pay for men and women, including
strategies to increase the participation of women in high-
wage, high-demand occupations in which women are
underrepresented.
(K) Reports.--The Secretary shall prepare and disseminate
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives, and to the public, including
through electronic means, reports containing the results of
the studies conducted under this paragraph.
(5) Multistate projects.--
(A) Authority.--The Secretary may, through grants or
contracts, carry out multistate projects that require
demonstrated expertise that is available at the national
level to effectively disseminate best practices and models
for implementing employment and training services, address
the specialized employment and training needs of particular
service populations, or address industry-wide skill
shortages, to the extent such projects are consistent with
the priorities specified in the plan published under
paragraph (1).
(B) Design of grants.--Agreements for grants or contracts
awarded under this paragraph shall be designed to obtain
information relating to the provision of services under
different economic conditions or to various demographic
groups in order to provide guidance at the national and State
levels about how best to administer specific employment and
training services.
(6) Limitations.--
(A) Competitive awards.--A grant or contract awarded for
carrying out a project under this subsection in an amount
that exceeds $100,000 shall be awarded only on a competitive
basis, except that a noncompetitive award may be made in the
case of a project that is funded jointly with other public or
private sector entities that provide a substantial portion of
assistance under the grant or contract for the project.
(B) Time limits.--A grant or contract shall not be awarded
under this subsection to the same organization for more than
3 consecutive years unless such grant or contract is
competitively reevaluated within such period.
(C) Peer review.--
(i) In general.--The Secretary shall utilize a peer review
process--
(I) to review and evaluate all applications for grants in
amounts that exceed $500,000 that are submitted under this
section; and
(II) to review and designate exemplary and promising
programs under this section.
(ii) Availability of funds.--The Secretary is authorized to
use funds provided under this section to carry out peer
review activities under this subparagraph.
(D) Priority.--In awarding grants or contracts under this
subsection, priority shall be provided to entities with
recognized expertise in the methods, techniques, and
knowledge of workforce investment activities. The Secretary
shall establish appropriate time limits for the duration of
such projects.
(c) Dislocated Worker Projects.--Of the amount made
available pursuant to section 132(a)(2)(A) for any program
year, the Secretary shall use not more than 10 percent of
such amount to carry out demonstration and pilot projects,
multiservice projects, and multistate projects relating to
the employment and training needs of dislocated workers. Of
the requirements of this section, such projects shall be
subject only to the provisions relating to review and
evaluation of applications under subsection (b)(6)(C). Such
projects may include demonstration and pilot projects
relating to promoting self-employment, promoting job
creation, averting dislocations, assisting dislocated
farmers, assisting dislocated fishermen, and promoting public
works. Such projects shall be administered by the Secretary,
acting through the Assistant Secretary for Employment and
Training.
SEC. 170. NATIONAL DISLOCATED WORKER GRANTS.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or
disaster'' means--
(A) an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122 (1) and (2)); or
(B) an emergency or disaster situation of national
significance that could result in a potentially large loss of
employment, as declared or otherwise recognized by the chief
official of a Federal agency with authority for or
jurisdiction over the Federal response to the emergency or
disaster situation.
(2) Disaster area.--The term ``disaster area'' means an
area that has suffered or in which has occurred an emergency
or disaster.
(b) In General.--
(1) Grants.--The Secretary is authorized to award national
dislocated worker grants--
(A) to an entity described in subsection (c)(1)(B) to
provide employment and training assistance to workers
affected by major economic dislocations, such as plant
closures, mass layoffs, or closures and realignments of
military installations;
(B) to provide assistance to--
(i) the Governor of any State within the boundaries of
which is a disaster area, to provide disaster relief
employment in the disaster area; or
(ii) the Governor of any State to which a substantial
number of workers from an area in which an emergency or
disaster has been declared or otherwise recognized have
relocated;
(C) to provide additional assistance to a State board or
local board for eligible dislocated workers in a case in
which the State board or local board has expended the funds
provided under this section to carry out activities described
in subparagraphs (A) and (B) and can demonstrate the need for
additional funds to provide appropriate services for such
workers, in accordance with requirements prescribed by the
Secretary; and
(D) to provide additional assistance to a State board or
local board serving an area where--
(i) a higher-than-average demand for employment and
training activities for dislocated members of the Armed
Forces, spouses described in section 3(15)(E), or members of
the Armed Forces described in subsection (c)(2)(A)(iv),
exceeds State and local resources for providing such
activities; and
(ii) such activities are to be carried out in partnership
with the Department of Defense and Department of Veterans
Affairs transition assistance programs.
(2) Decisions and obligations.--The Secretary shall issue a
final decision on an application for a national dislocated
worker grant under this subsection not later than 45 calendar
days after receipt of the application. The Secretary shall
issue a notice of obligation for such grant not later than 10
days after the award of such grant.
(c) Employment and Training Assistance Requirements.--
(1) Grant recipient eligibility.--
(A) Application.--To be eligible to receive a grant under
subsection (b)(1)(A), an entity shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(B) Eligible entity.--In this paragraph, the term
``entity'' means a State, a local board, an entity described
in section 166(c), an entity determined to be eligible by the
Governor of the State involved, and any other entity that
demonstrates to the Secretary the capability to effectively
respond to the circumstances relating to particular
dislocations.
(2) Participant eligibility.--
(A) In general.--In order to be eligible to receive
employment and training assistance under a national
dislocated worker grant awarded pursuant to subsection
(b)(1)(A), an individual shall be--
(i) a dislocated worker;
(ii) a civilian employee of the Department of Defense or
the Department of Energy employed at a military installation
that is being closed, or that will undergo realignment,
within the next 24 months after the date of the determination
of eligibility;
(iii) an individual who is employed in a nonmanagerial
position with a Department of Defense contractor, who is
determined by the Secretary of Defense to be at risk of
termination from employment as a result of reductions in
defense expenditures, and whose employer is converting
operations from defense to nondefense applications in order
to prevent worker layoffs; or
(iv) a member of the Armed Forces who--
(I) was on active duty or full-time National Guard duty;
(II)(aa) is involuntarily separated (as defined in section
1141 of title 10, United States Code) from active duty or
full-time National Guard duty; or
(bb) is separated from active duty or full-time National
Guard duty pursuant to a special separation benefits program
under section 1174a of title 10, United States Code, or the
voluntary separation incentive program under section 1175 of
that title;
(III) is not entitled to retired or retained pay incident
to the separation described in subclause (II); and
(IV) applies for such employment and training assistance
before the end of the 180-day period beginning on the date of
that separation.
[[Page H5925]]
(B) Retraining assistance.--The individuals described in
subparagraph (A)(iii) shall be eligible for retraining
assistance to upgrade skills by obtaining marketable skills
needed to support the conversion described in subparagraph
(A)(iii).
(C) Additional requirements.--The Secretary shall establish
and publish additional requirements related to eligibility
for employment and training assistance under the national
dislocated worker grants to ensure effective use of the funds
available for this purpose.
(D) Definitions.--In this paragraph, the terms ``military
installation'' and ``realignment'' have the meanings given
the terms in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687
note).
(d) Disaster Relief Employment Assistance Requirements.--
(1) In general.--Funds made available under subsection
(b)(1)(B)--
(A) shall be used, in coordination with the Administrator
of the Federal Emergency Management Agency, as applicable, to
provide disaster relief employment on projects that provide
food, clothing, shelter, and other humanitarian assistance
for emergency and disaster victims, and projects regarding
demolition, cleaning, repair, renovation, and reconstruction
of damaged and destroyed structures, facilities, and lands
located within the disaster area and in offshore areas
related to the emergency or disaster;
(B) may be expended through public and private agencies and
organizations engaged in such projects; and
(C) may be expended to provide employment and training
activities.
(2) Eligibility.--An individual shall be eligible to be
offered disaster relief employment under subsection (b)(1)(B)
if such individual--
(A) is a dislocated worker;
(B) is a long-term unemployed individual;
(C) is temporarily or permanently laid off as a consequence
of the emergency or disaster; or
(D) in the case of an individual who is self-employed,
becomes unemployed or significantly underemployed as a result
of the emergency or disaster.
(3) Limitations on disaster relief employment.--
(A) In general.--Except as provided in subparagraph (B), no
individual shall be employed under subsection (b)(1)(B) for
more than 12 months for work related to recovery from a
single emergency or disaster.
(B) Extension.--At the request of a State, the Secretary
may extend such employment, related to recovery from a single
emergency or disaster involving the State, for not more than
an additional 12 months.
(4) Use of available funds.--Funds made available under
subsection (b)(1)(B) shall be available to assist workers
described in paragraph (2) who are affected by an emergency
or disaster, including workers who have relocated from an
area in which an emergency or disaster has been declared or
otherwise recognized, as appropriate. Under conditions
determined by the Secretary and following notification to the
Secretary, a State may use such funds, that are appropriated
for any fiscal year and available for expenditure under any
grant awarded to the State under this section, to provide any
assistance authorized under this subsection. Funds used
pursuant to the authority provided under this paragraph shall
be subject to the liability and reimbursement requirements
described in paragraph (5).
(5) Liability and reimbursement.--Nothing in this Act shall
be construed to relieve liability, by a responsible party
that is liable under Federal law, for any costs incurred by
the United States under subsection (b)(1)(B) or this
subsection, including the responsibility to provide
reimbursement for such costs to the United States.
SEC. 171. YOUTHBUILD PROGRAM.
(a) Statement of Purpose.--The purposes of this section
are--
(1) to enable disadvantaged youth to obtain the education
and employment skills necessary to achieve economic self-
sufficiency in occupations in demand and postsecondary
education and training opportunities;
(2) to provide disadvantaged youth with opportunities for
meaningful work and service to their communities;
(3) to foster the development of employment and leadership
skills and commitment to community development among youth in
low-income communities;
(4) to expand the supply of permanent affordable housing
for homeless individuals and low-income families by utilizing
the energies and talents of disadvantaged youth; and
(5) to improve the quality and energy efficiency of
community and other nonprofit and public facilities,
including those facilities that are used to serve homeless
and low-income families.
(b) Definitions.--In this section:
(1) Adjusted income.--The term ``adjusted income'' has the
meaning given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2) Applicant.--The term ``applicant'' means an eligible
entity that has submitted an application under subsection
(c).
(3) Eligible entity.--The term ``eligible entity'' means a
public or private nonprofit agency or organization (including
a consortium of such agencies or organizations), including--
(A) a community-based organization;
(B) a faith-based organization;
(C) an entity carrying out activities under this title,
such as a local board;
(D) a community action agency;
(E) a State or local housing development agency;
(F) an Indian tribe or other agency primarily serving
Indians;
(G) a community development corporation;
(H) a State or local youth service or conservation corps;
and
(I) any other entity eligible to provide education or
employment training under a Federal program (other than the
program carried out under this section).
(4) Homeless individual.--The term ``homeless individual''
means a homeless individual (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6))) or a homeless child or youth (as defined in section
725(2) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))).
(5) Housing development agency.--The term ``housing
development agency'' means any agency of a State or local
government, or any private nonprofit organization, that is
engaged in providing housing for homeless individuals or low-
income families.
(6) Income.--The term ``income'' has the meaning given the
term in section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
(7) Indian; indian tribe.--The terms ``Indian'' and
``Indian tribe'' have the meanings given such terms in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(8) Low-income family.--The term ``low-income family''
means a family described in section 3(b)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
(9) Qualified national nonprofit agency.--The term
``qualified national nonprofit agency'' means a nonprofit
agency that--
(A) has significant national experience providing services
consisting of training, information, technical assistance,
and data management to YouthBuild programs or similar
projects; and
(B) has the capacity to provide those services.
(10) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program--
(A) registered under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.); and
(B) that meets such other criteria as may be established by
the Secretary under this section.
(11) Transitional housing.--The term ``transitional
housing'' has the meaning given the term in section 401(29)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(29)).
(12) Youthbuild program.--The term ``YouthBuild program''
means any program that receives assistance under this section
and provides disadvantaged youth with opportunities for
employment, education, leadership development, and training
through the rehabilitation (which, for purposes of this
section, shall include energy efficiency enhancements) or
construction of housing for homeless individuals and low-
income families, and of public facilities.
(c) YouthBuild Grants.--
(1) Amounts of grants.--The Secretary is authorized to make
grants to applicants for the purpose of carrying out
YouthBuild programs approved under this section.
(2) Eligible activities.--An entity that receives a grant
under this subsection shall use the funds made available
through the grant to carry out a YouthBuild program, which
may include the following activities:
(A) Education and workforce investment activities
including--
(i) work experience and skills training (coordinated, to
the maximum extent feasible, with preapprenticeship and
registered apprenticeship programs) in the activities
described in subparagraphs (B) and (C) related to
rehabilitation or construction, and, if approved by the
Secretary, in additional in-demand industry sectors or
occupations in the region in which the program operates;
(ii) occupational skills training;
(iii) other paid and unpaid work experiences, including
internships and job shadowing;
(iv) services and activities designed to meet the
educational needs of participants, including--
(I) basic skills instruction and remedial education;
(II) language instruction educational programs for
participants who are English language learners;
(III) secondary education services and activities,
including tutoring, study skills training, and school dropout
prevention and recovery activities, designed to lead to the
attainment of a secondary school diploma or its recognized
equivalent (including recognized certificates of attendance
or similar documents for individuals with disabilities);
(IV) counseling and assistance in obtaining postsecondary
education and required financial aid; and
(V) alternative secondary school services;
(v) counseling services and related activities, such as
comprehensive guidance and counseling on drug and alcohol
abuse and referral;
(vi) activities designed to develop employment and
leadership skills, which may include community service and
peer-centered activities encouraging responsibility and other
positive social behaviors, and activities related to youth
policy committees that participate in decision-making related
to the program;
(vii) supportive services and provision of need-based
stipends necessary to enable individuals to participate in
the program and to assist individuals, for a period not to
exceed 12 months after the completion of training, in
obtaining or retaining employment, or applying for and
transitioning to postsecondary education or training; and
(viii) job search and assistance.
(B) Supervision and training for participants in the
rehabilitation or construction of housing, including
residential housing for homeless individuals or low-income
families, or transitional
[[Page H5926]]
housing for homeless individuals, and, if approved by the
Secretary, in additional in-demand industry sectors or
occupations in the region in which the program operates.
(C) Supervision and training for participants--
(i) in the rehabilitation or construction of community and
other public facilities, except that not more than 15 percent
of funds appropriated to carry out this section may be used
for such supervision and training; and
(ii) if approved by the Secretary, in additional in-demand
industry sectors or occupations in the region in which the
program operates.
(D) Payment of administrative costs of the applicant,
including recruitment and selection of participants, except
that not more than 10 percent of the amount of assistance
provided under this subsection to the grant recipient may be
used for such costs.
(E) Adult mentoring.
(F) Provision of wages, stipends, or benefits to
participants in the program.
(G) Ongoing training and technical assistance that are
related to developing and carrying out the program.
(H) Follow-up services.
(3) Application.--
(A) Form and procedure.--To be qualified to receive a grant
under this subsection, an eligible entity shall submit an
application at such time, in such manner, and containing such
information as the Secretary may require.
(B) Minimum requirements.--The Secretary shall require that
the application contain, at a minimum--
(i) labor market information for the labor market area
where the proposed program will be implemented, including
both current data (as of the date of submission of the
application) and projections on career opportunities in
construction and in-demand industry sectors or occupations;
(ii) a request for the grant, specifying the amount of the
grant requested and its proposed uses;
(iii) a description of the applicant and a statement of its
qualifications, including a description of the applicant's
relationship with local boards, one-stop operators, local
unions, entities carrying out registered apprenticeship
programs, other community groups, and employers, and the
applicant's past experience, if any, with rehabilitation or
construction of housing or public facilities, and with youth
education and employment training programs;
(iv) a description of the proposed site for the proposed
program;
(v) a description of the educational and job training
activities, work opportunities, postsecondary education and
training opportunities, and other services that will be
provided to participants, and how those activities,
opportunities, and services will prepare youth for employment
in in-demand industry sectors or occupations in the labor
market area described in clause (i);
(vi)(I) a description of the proposed activities to be
undertaken under the grant related to rehabilitation or
construction, and, in the case of an applicant requesting
approval from the Secretary to also carry out additional
activities related to in-demand industry sectors or
occupations, a description of such additional proposed
activities; and
(II) the anticipated schedule for carrying out all
activities proposed under subclause (I);
(vii) a description of the manner in which eligible youth
will be recruited and selected as participants, including a
description of arrangements that will be made with local
boards, one-stop operators, faith- and community-based
organizations, State educational agencies or local
educational agencies (including agencies of Indian tribes),
public assistance agencies, the courts of jurisdiction,
agencies operating shelters for homeless individuals and
other agencies that serve youth who are homeless individuals,
foster care agencies, and other appropriate public and
private agencies;
(viii) a description of the special outreach efforts that
will be undertaken to recruit eligible young women (including
young women with dependent children) as participants;
(ix) a description of the specific role of employers in the
proposed program, such as their role in developing the
proposed program and assisting in service provision and in
placement activities;
(x) a description of how the proposed program will be
coordinated with other Federal, State, and local activities
and activities conducted by Indian tribes, such as local
workforce investment activities, career and technical
education and training programs, adult and language
instruction educational programs, activities conducted by
public schools, activities conducted by community colleges,
national service programs, and other job training provided
with funds available under this title;
(xi) assurances that there will be a sufficient number of
adequately trained supervisory personnel in the proposed
program;
(xii) a description of the levels of performance to be
achieved with respect to the primary indicators of
performance for eligible youth described in section
116(b)(2)(A)(ii);
(xiii) a description of the applicant's relationship with
local building trade unions regarding their involvement in
training to be provided through the proposed program, the
relationship of the proposed program to established
registered apprenticeship programs and employers, the ability
of the applicant to grant an industry-recognized certificate
or certification through the program, and the quality of the
program leading to the certificate or certification;
(xiv) a description of activities that will be undertaken
to develop the leadership skills of participants;
(xv) a detailed budget and a description of the system of
fiscal controls, and auditing and accountability procedures,
that will be used to ensure fiscal soundness for the proposed
program;
(xvi) a description of the commitments for any additional
resources (in addition to the funds made available through
the grant) to be made available to the proposed program
from--
(I) the applicant;
(II) recipients of other Federal, State, or local housing
and community development assistance that will sponsor any
part of the rehabilitation or construction, operation and
maintenance, or other housing and community development
activities undertaken as part of the proposed program; or
(III) entities carrying out other Federal, State, or local
activities or activities conducted by Indian tribes,
including career and technical education and training
programs, adult and language instruction educational
programs, and job training provided with funds available
under this title;
(xvii) information identifying, and a description of, the
financing proposed for any--
(I) rehabilitation of the property involved;
(II) acquisition of the property; or
(III) construction of the property;
(xviii) information identifying, and a description of, the
entity that will operate and manage the property;
(xix) information identifying, and a description of, the
data collection systems to be used;
(xx) a certification, by a public official responsible for
the housing strategy for the State or unit of general local
government within which the proposed program is located, that
the proposed program is consistent with the housing strategy;
and
(xxi) a certification that the applicant will comply with
the requirements of the Fair Housing Act (42 U.S.C. 3601 et
seq.) and will affirmatively further fair housing.
(4) Selection criteria.--For an applicant to be eligible to
receive a grant under this subsection, the applicant and the
applicant's proposed program shall meet such selection
criteria as the Secretary shall establish under this section,
which shall include criteria relating to--
(A) the qualifications or potential capabilities of an
applicant;
(B) an applicant's potential for developing a successful
YouthBuild program;
(C) the need for an applicant's proposed program, as
determined by the degree of economic distress of the
community from which participants would be recruited
(measured by indicators such as poverty, youth unemployment,
and the number of individuals who have dropped out of
secondary school) and of the community in which the housing
and community and public facilities proposed to be
rehabilitated or constructed is located (measured by
indicators such as incidence of homelessness, shortage of
affordable housing, and poverty);
(D) the commitment of an applicant to providing skills
training, leadership development, and education to
participants;
(E) the focus of a proposed program on preparing youth for
in-demand industry sectors or occupations, or postsecondary
education and training opportunities;
(F) the extent of an applicant's coordination of activities
to be carried out through the proposed program with local
boards, one-stop operators, and one-stop partners
participating in the operation of the one-stop delivery
system involved, or the extent of the applicant's good faith
efforts in achieving such coordination;
(G) the extent of the applicant's coordination of
activities with public education, criminal justice, housing
and community development, national service, or postsecondary
education or other systems that relate to the goals of the
proposed program;
(H) the extent of an applicant's coordination of activities
with employers in the local area involved;
(I) the extent to which a proposed program provides for
inclusion of tenants who were previously homeless individuals
in the rental housing provided through the program;
(J) the commitment of additional resources (in addition to
the funds made available through the grant) to a proposed
program by--
(i) an applicant;
(ii) recipients of other Federal, State, or local housing
and community development assistance who will sponsor any
part of the rehabilitation or construction, operation and
maintenance, or other housing and community development
activities undertaken as part of the proposed program; or
(iii) entities carrying out other Federal, State, or local
activities or activities conducted by Indian tribes,
including career and technical education and training
programs, adult and language instruction educational
programs, and job training provided with funds available
under this title;
(K) the applicant's potential to serve different regions,
including rural areas and States that have not previously
received grants for YouthBuild programs; and
(L) such other factors as the Secretary determines to be
appropriate for purposes of carrying out the proposed program
in an effective and efficient manner.
(5) Approval.--To the extent practicable, the Secretary
shall notify each applicant, not later than 5 months after
the date of receipt of the application by the Secretary,
whether the application is approved or not approved.
(d) Use of Housing Units.--Residential housing units
rehabilitated or constructed using funds made available under
subsection (c), shall be available solely--
(1) for rental by, or sale to, homeless individuals or low-
income families; or
(2) for use as transitional or permanent housing, for the
purpose of assisting in the movement of homeless individuals
to independent living.
(e) Additional Program Requirements.--
[[Page H5927]]
(1) Eligible participants.--
(A) In general.--Except as provided in subparagraph (B), an
individual may participate in a YouthBuild program only if
such individual is--
(i) not less than age 16 and not more than age 24, on the
date of enrollment;
(ii) a member of a low-income family, a youth in foster
care (including youth aging out of foster care), a youth
offender, a youth who is an individual with a disability, a
child of incarcerated parents, or a migrant youth; and
(iii) a school dropout, or an individual who was a school
dropout and has subsequently reenrolled.
(B) Exception for individuals not meeting income or
educational need requirements.--Not more than 25 percent of
the participants in such program may be individuals who do
not meet the requirements of clause (ii) or (iii) of
subparagraph (A), but who--
(i) are basic skills deficient, despite attainment of a
secondary school diploma or its recognized equivalent
(including recognized certificates of attendance or similar
documents for individuals with disabilities); or
(ii) have been referred by a local secondary school for
participation in a YouthBuild program leading to the
attainment of a secondary school diploma.
(2) Participation limitation.--An eligible individual
selected for participation in a YouthBuild program shall be
offered full-time participation in the program for a period
of not less than 6 months and not more than 24 months.
(3) Minimum time devoted to educational services and
activities.--A YouthBuild program receiving assistance under
subsection (c) shall be structured so that participants in
the program are offered--
(A) education and related services and activities designed
to meet educational needs, such as those specified in clauses
(iv) through (vii) of subsection (c)(2)(A), during at least
50 percent of the time during which the participants
participate in the program; and
(B) work and skill development activities, such as those
specified in clauses (i), (ii), (iii), and (viii) of
subsection (c)(2)(A), during at least 40 percent of the time
during which the participants participate in the program.
(4) Authority restriction.--No provision of this section
may be construed to authorize any agency, officer, or
employee of the United States to exercise any direction,
supervision, or control over the curriculum, program of
instruction, administration, or personnel of any educational
institution (including a school) or school system, or over
the selection of library resources, textbooks, or other
printed or published instructional materials by any
educational institution or school system.
(5) State and local standards.--All educational programs
and activities supported with funds provided under subsection
(c) shall be consistent with applicable State and local
educational standards. Standards and procedures for the
programs and activities that relate to awarding academic
credit for and certifying educational attainment in such
programs and activities shall be consistent with applicable
State and local educational standards.
(f) Levels of Performance and Indicators.--
(1) In general.--The Secretary shall annually establish
expected levels of performance for YouthBuild programs
relating to each of the primary indicators of performance for
eligible youth activities described in section
116(b)(2)(A)(ii).
(2) Additional indicators.--The Secretary may establish
expected levels of performance for additional indicators for
YouthBuild programs, as the Secretary determines appropriate.
(g) Management and Technical Assistance.--
(1) Secretary assistance.--The Secretary may enter into
contracts with 1 or more entities to provide assistance to
the Secretary in the management, supervision, and
coordination of the program carried out under this section.
(2) Technical assistance.--
(A) Contracts and grants.--The Secretary shall enter into
contracts with or make grants to 1 or more qualified national
nonprofit agencies, in order to provide training,
information, technical assistance, program evaluation, and
data management to recipients of grants under subsection (c).
(B) Reservation of funds.--Of the amounts available under
subsection (i) to carry out this section for a fiscal year,
the Secretary shall reserve 5 percent to carry out
subparagraph (A).
(3) Capacity building grants.--
(A) In general.--In each fiscal year, the Secretary may use
not more than 3 percent of the amounts available under
subsection (i) to award grants to 1 or more qualified
national nonprofit agencies to pay for the Federal share of
the cost of capacity building activities.
(B) Federal share.--The Federal share of the cost described
in subparagraph (A) shall be 25 percent. The non-Federal
share shall be provided from private sources.
(h) Subgrants and Contracts.--Each recipient of a grant
under subsection (c) to carry out a YouthBuild program shall
provide the services and activities described in this section
directly or through subgrants, contracts, or other
arrangements with local educational agencies, institutions of
higher education, State or local housing development
agencies, other public agencies, including agencies of Indian
tribes, or private organizations.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $77,534,000 for fiscal year 2015;
(2) $83,523,000 for fiscal year 2016;
(3) $85,256,000 for fiscal year 2017;
(4) $87,147,000 for fiscal year 2018;
(5) $89,196,000 for fiscal year 2019; and
(6) $91,087,000 for fiscal year 2020.
SEC. 172. AUTHORIZATION OF APPROPRIATIONS.
(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including
subsection (k) of such section)--
(1) $46,082,000 for fiscal year 2015;
(2) $49,641,000 for fiscal year 2016;
(3) $50,671,000 for fiscal year 2017;
(4) $51,795,000 for fiscal year 2018;
(5) $53,013,000 for fiscal year 2019; and
(6) $54,137,000 for fiscal year 2020.
(b) Migrant and Seasonal Farmworker Programs.--There are
authorized to be appropriated to carry out section 167--
(1) $81,896,000 for fiscal year 2015;
(2) $88,222,000 for fiscal year 2016;
(3) $90,052,000 for fiscal year 2017;
(4) $92,050,000 for fiscal year 2018;
(5) $94,214,000 for fiscal year 2019; and
(6) $96,211,000 for fiscal year 2020.
(c) Technical Assistance.--There are authorized to be
appropriated to carry out section 168--
(1) $3,000,000 for fiscal year 2015;
(2) $3,232,000 for fiscal year 2016;
(3) $3,299,000 for fiscal year 2017;
(4) $3,372,000 for fiscal year 2018;
(5) $3,451,000 for fiscal year 2019; and
(6) $3,524,000 for fiscal year 2020.
(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169--
(1) $91,000,000 for fiscal year 2015;
(2) $98,029,000 for fiscal year 2016;
(3) $100,063,000 for fiscal year 2017;
(4) $102,282,000 for fiscal year 2018;
(5) $104,687,000 for fiscal year 2019; and
(6) $106,906,000 for fiscal year 2020.
(e) Assistance for Veterans.--If, as of the date of
enactment of this Act, any unobligated funds appropriated to
carry out section 168 of the Workforce Investment Act of
1998, as in effect on the day before the date of enactment of
this Act, remain available, the Secretary of Labor shall
continue to use such funds to carry out such section, as in
effect on such day, until all of such funds are expended.
(f) Assistance for Eligible Workers.--If, as of the date of
enactment of this Act, any unobligated funds appropriated to
carry out subsections (f) and (g) of section 173 of the
Workforce Investment Act of 1998, as in effect on the day
before the date of enactment of this Act, remain available,
the Secretary of Labor shall continue to use such funds to
carry out such subsections, as in effect on such day, until
all of such funds are expended.
Subtitle E--Administration
SEC. 181. REQUIREMENTS AND RESTRICTIONS.
(a) Benefits.--
(1) Wages.--
(A) In general.--Individuals in on-the-job training or
individuals employed in activities under this title shall be
compensated at the same rates, including periodic increases,
as trainees or employees who are similarly situated in
similar occupations by the same employer and who have similar
training, experience, and skills, and such rates shall be in
accordance with applicable law, but in no event less than the
higher of the rate specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
applicable State or local minimum wage law.
(B) Rule of construction.--The reference in subparagraph
(A) to section 6(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)) shall not be applicable for
individuals in territorial jurisdictions in which section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) does not apply.
(2) Treatment of allowances, earnings, and payments.--
Allowances, earnings, and payments to individuals
participating in programs under this title shall not be
considered as income for the purposes of determining
eligibility for and the amount of income transfer and in-kind
aid furnished under any Federal or federally assisted program
based on need, other than as provided under the Social
Security Act (42 U.S.C. 301 et seq.).
(b) Labor Standards.--
(1) Limitations on activities that impact wages of
employees.--No funds provided under this title shall be used
to pay the wages of incumbent employees during their
participation in economic development activities provided
through a statewide workforce development system.
(2) Displacement.--
(A) Prohibition.--A participant in a program or activity
authorized under this title (referred to in this section as a
``specified activity'') shall not displace (including a
partial displacement, such as a reduction in the hours of
nonovertime work, wages, or employment benefits) any
currently employed employee (as of the date of the
participation).
(B) Prohibition on impairment of contracts.--A specified
activity shall not impair an existing contract for services
or collective bargaining agreement, and no such activity that
would be inconsistent with the terms of a collective
bargaining agreement shall be undertaken without the written
concurrence of the labor organization and employer concerned.
(3) Other prohibitions.--A participant in a specified
activity shall not be employed in a job if--
(A) any other individual is on layoff from the same or any
substantially equivalent job;
(B) the employer has terminated the employment of any
regular employee or otherwise reduced the workforce of the
employer with the intention of filling the vacancy so created
with the participant; or
(C) the job is created in a promotional line that will
infringe in any way upon the promotional opportunities of
currently employed individuals (as of the date of the
participation).
[[Page H5928]]
(4) Health and safety.--Health and safety standards
established under Federal and State law otherwise applicable
to working conditions of employees shall be equally
applicable to working conditions of participants engaged in
specified activities. To the extent that a State workers'
compensation law applies, workers' compensation shall be
provided to participants on the same basis as the
compensation is provided to other individuals in the State in
similar employment.
(5) Employment conditions.--Individuals in on-the-job
training or individuals employed in programs and activities
under this title shall be provided benefits and working
conditions at the same level and to the same extent as other
trainees or employees working a similar length of time and
doing the same type of work.
(6) Opportunity to submit comments.--Interested members of
the public, including representatives of businesses and of
labor organizations, shall be provided an opportunity to
submit comments to the Secretary with respect to programs and
activities proposed to be funded under subtitle B.
(7) No impact on union organizing.--Each recipient of funds
under this title shall provide to the Secretary assurances
that none of such funds will be used to assist, promote, or
deter union organizing.
(c) Grievance Procedure.--
(1) In general.--Each State and local area receiving an
allotment or allocation under this title shall establish and
maintain a procedure for grievances or complaints alleging
violations of the requirements of this title from
participants and other interested or affected parties. Such
procedure shall include an opportunity for a hearing and be
completed within 60 days after the filing of the grievance or
complaint.
(2) Investigation.--
(A) In general.--The Secretary shall investigate an
allegation of a violation described in paragraph (1) if--
(i) a decision relating to such violation has not been
reached within 60 days after the date of the filing of the
grievance or complaint and either party appeals to the
Secretary; or
(ii) a decision relating to such violation has been reached
within such 60 days and the party to which such decision is
adverse appeals such decision to the Secretary.
(B) Additional requirement.--The Secretary shall make a
final determination relating to an appeal made under
subparagraph (A) no later than 120 days after receiving such
appeal.
(3) Remedies.--Remedies that may be imposed under this
section for a violation of any requirement of this title
shall be limited--
(A) to suspension or termination of payments under this
title;
(B) to prohibition of placement of a participant with an
employer that has violated any requirement under this title;
(C) where applicable, to reinstatement of an employee,
payment of lost wages and benefits, and reestablishment of
other relevant terms, conditions, and privileges of
employment; and
(D) where appropriate, to other equitable relief.
(4) Rule of construction.--Nothing in paragraph (3) shall
be construed to prohibit a grievant or complainant from
pursuing a remedy authorized under another Federal, State, or
local law for a violation of this title.
(d) Relocation.--
(1) Prohibition on use of funds to encourage or induce
relocation.--No funds provided under this title shall be
used, or proposed for use, to encourage or induce the
relocation of a business or part of a business if such
relocation would result in a loss of employment for any
employee of such business at the original location and such
original location is within the United States.
(2) Prohibition on use of funds after relocation.--No funds
provided under this title for an employment or training
activity shall be used for customized or skill training, on-
the-job training, incumbent worker training, transitional
employment, or company-specific assessments of job applicants
or employees, for any business or part of a business that has
relocated, until the date that is 120 days after the date on
which such business commences operations at the new location,
if the relocation of such business or part of a business
results in a loss of employment for any employee of such
business at the original location and such original location
is within the United States.
(3) Repayment.--If the Secretary determines that a
violation of paragraph (1) or (2) has occurred, the Secretary
shall require the State that has violated such paragraph (or
that has provided funding to an entity that has violated such
paragraph) to repay to the United States an amount equal to
the amount expended in violation of such paragraph.
(e) Limitation on Use of Funds.--No funds available to
carry out an activity under this title shall be used for
employment generating activities, investment in revolving
loan funds, capitalization of businesses, investment in
contract bidding resource centers, economic development
activities, or similar activities, that are not directly
related to training for eligible individuals under this
title. No funds received to carry out an activity under
subtitle B shall be used for foreign travel.
(f) Testing and Sanctioning for Use of Controlled
Substances.--
(1) In general.--Notwithstanding any other provision of
law, a State shall not be prohibited by the Federal
Government from--
(A) testing participants in programs under subtitle B for
the use of controlled substances; and
(B) sanctioning such participants who test positive for the
use of such controlled substances.
(2) Additional requirements.--
(A) Period of sanction.--In sanctioning participants in a
program under subtitle B who test positive for the use of
controlled substances--
(i) with respect to the first occurrence for which a
participant tests positive, a State may exclude the
participant from the program for a period not to exceed 6
months; and
(ii) with respect to the second occurrence and each
subsequent occurrence for which a participant tests positive,
a State may exclude the participant from the program for a
period not to exceed 2 years.
(B) Appeal.--The testing of participants and the imposition
of sanctions under this subsection shall be subject to
expeditious appeal in accordance with due process procedures
established by the State.
(C) Privacy.--A State shall establish procedures for
testing participants for the use of controlled substances
that ensure a maximum degree of privacy for the participants.
(3) Funding requirement.--In testing and sanctioning of
participants for the use of controlled substances in
accordance with this subsection, the only Federal funds that
a State may use are the amounts made available for the
administration of statewide workforce investment activities
under section 134(a)(3)(B).
(g) Subgrant Authority.--A recipient of grant funds under
this title shall have the authority to enter into subgrants
in order to carry out the grant, subject to such conditions
as the Secretary may establish.
SEC. 182. PROMPT ALLOCATION OF FUNDS.
(a) Allotments Based on Latest Available Data.--All
allotments to States and grants to outlying areas under this
title shall be based on the latest available data and
estimates satisfactory to the Secretary. All data relating to
disadvantaged adults and disadvantaged youth shall be based
on the most recent satisfactory data from the Bureau of the
Census.
(b) Publication in Federal Register Relating to Formula
Funds.--Whenever the Secretary allots funds required to be
allotted under this title, the Secretary shall publish in a
timely fashion in the Federal Register the amount proposed to
be distributed to each recipient of the funds.
(c) Requirement for Funds Distributed by Formula.--All
funds required to be allotted under section 127 or 132 shall
be allotted within 45 days after the date of enactment of the
Act appropriating the funds, except that, if such funds are
appropriated in advance as authorized by section 189(g), such
funds shall be allotted or allocated not later than the March
31 preceding the program year for which such funds are to be
available for obligation.
(d) Publication in Federal Register Relating to
Discretionary Funds.--Whenever the Secretary utilizes a
formula to allot or allocate funds made available for
distribution at the Secretary's discretion under this title,
the Secretary shall, not later than 30 days prior to such
allotment or allocation, publish for comment in the Federal
Register the formula, the rationale for the formula, and the
proposed amounts to be distributed to each State and local
area. After consideration of any comments received, the
Secretary shall publish final allotments and allocations in
the Federal Register.
(e) Availability of Funds.--Funds shall be made available
under section 128, and funds shall be made available under
section 133, for a local area not later than 30 days after
the date the funds are made available to the Governor
involved, under section 127 or 132 (as the case may be), or 7
days after the date the local plan for the area is approved,
whichever is later.
SEC. 183. MONITORING.
(a) In General.--The Secretary is authorized to monitor all
recipients of financial assistance under this title to
determine whether the recipients are complying with the
provisions of this title, including the regulations issued
under this title.
(b) Investigations.--The Secretary may investigate any
matter the Secretary determines to be necessary to determine
the compliance of the recipients with this title, including
the regulations issued under this title. The investigations
authorized by this subsection may include examining records
(including making certified copies of the records),
questioning employees, and entering any premises or onto any
site in which any part of a program or activity of such a
recipient is conducted or in which any of the records of the
recipient are kept.
(c) Additional Requirement.--For the purpose of any
investigation or hearing conducted under this title by the
Secretary, the provisions of section 9 of the Federal Trade
Commission Act (15 U.S.C. 49) (relating to the attendance of
witnesses and the production of documents) apply to the
Secretary, in the same manner and to the same extent as the
provisions apply to the Federal Trade Commission.
SEC. 184. FISCAL CONTROLS; SANCTIONS.
(a) Establishment of Fiscal Controls by States.--
(1) In general.--Each State shall establish such fiscal
control and fund accounting procedures as may be necessary to
assure the proper disbursal of, and accounting for, Federal
funds allocated to local areas under subtitle B. Such
procedures shall ensure that all financial transactions
carried out under subtitle B are conducted and records
maintained in accordance with generally accepted accounting
principles applicable in each State.
(2) Cost principles.--
(A) In general.--Each State (including the Governor of the
State), local area (including the chief elected official for
the area), and provider receiving funds under this title
shall comply with the applicable uniform cost principles
included in appropriate circulars or rules of the Office of
Management and Budget for the type of entity receiving the
funds.
[[Page H5929]]
(B) Exception.--The funds made available to a State for
administration of statewide workforce investment activities
in accordance with section 134(a)(3)(B) shall be allocable to
the overall administration of workforce investment
activities, but need not be specifically allocable to--
(i) the administration of adult employment and training
activities;
(ii) the administration of dislocated worker employment and
training activities; or
(iii) the administration of youth workforce investment
activities.
(3) Uniform administrative requirements.--
(A) In general.--Each State (including the Governor of the
State), local area (including the chief elected official for
the area), and provider receiving funds under this title
shall comply with the appropriate uniform administrative
requirements for grants and agreements applicable for the
type of entity receiving the funds, as promulgated in
circulars or rules of the Office of Management and Budget.
(B) Additional requirement.--Procurement transactions under
this title between local boards and units of State or local
governments shall be conducted only on a cost-reimbursable
basis.
(4) Monitoring.--Each Governor of a State shall conduct on
an annual basis onsite monitoring of each local area within
the State to ensure compliance with the uniform
administrative requirements referred to in paragraph (3).
(5) Action by governor.--If the Governor determines that a
local area is not in compliance with the uniform
administrative requirements referred to in paragraph (3), the
Governor shall--
(A) require corrective action to secure prompt compliance
with the requirements; and
(B) impose the sanctions provided under subsection (b) in
the event of failure to take the required corrective action.
(6) Certification.--The Governor shall, every 2 years,
certify to the Secretary that--
(A) the State has implemented the uniform administrative
requirements referred to in paragraph (3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements as
required under paragraph (4); and
(C) the State has taken appropriate action to secure
compliance with the requirements pursuant to paragraph (5).
(7) Action by the secretary.--If the Secretary determines
that the Governor has not fulfilled the requirements of this
subsection, the Secretary shall--
(A) require corrective action to secure prompt compliance
with the requirements of this subsection; and
(B) impose the sanctions provided under subsection (e) in
the event of failure of the Governor to take the required
appropriate action to secure compliance with the
requirements.
(b) Substantial Violation.--
(1) Action by governor.--If, as a result of financial and
compliance audits or otherwise, the Governor determines that
there is a substantial violation of a specific provision of
this title, and corrective action has not been taken, the
Governor shall--
(A) issue a notice of intent to revoke approval of all or
part of the local plan affected; or
(B) impose a reorganization plan, which may include--
(i) decertifying the local board involved;
(ii) prohibiting the use of eligible providers;
(iii) selecting an alternative entity to administer the
program for the local area involved;
(iv) merging the local area into one or more other local
areas; or
(v) making such other changes as the Secretary or Governor
determines to be necessary to secure compliance with the
provision.
(2) Appeal.--
(A) In general.--The actions taken by the Governor pursuant
to subparagraphs (A) and (B) of paragraph (1) may be appealed
to the Secretary and shall not become effective until--
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) Additional requirement.--The Secretary shall make a
final decision under subparagraph (A) not later than 45 days
after the receipt of the appeal.
(3) Action by the secretary.--If the Governor fails to take
promptly an action required under paragraph (1), the
Secretary shall take such action.
(c) Repayment of Certain Amounts to the United States.--
(1) In general.--Every recipient of funds under this title
shall repay to the United States amounts found not to have
been expended in accordance with this title.
(2) Offset of repayment amount.--If the Secretary
determines that a State has expended funds received under
this title in a manner contrary to the requirements of this
title, the Secretary may require repayment by offsetting the
amount of such expenditures against any other amount to which
the State is or may be entitled under this title, except as
provided under subsection (d)(1).
(3) Repayment from deduction by state.--If the Secretary
requires a State to repay funds as a result of a
determination that a local area of the State has expended
funds in a manner contrary to the requirements of this title,
the Governor of the State may use an amount deducted under
paragraph (4) to repay the funds, except as provided under
subsection (e).
(4) Deduction by state.--The Governor may deduct an amount
equal to the misexpenditure described in paragraph (3) from
subsequent program year (subsequent to the program year for
which the determination was made) allocations to the local
area from funds reserved for the administrative costs of the
local programs involved, as appropriate.
(5) Limitations.--A deduction made by a State as described
in paragraph (4) shall not be made until such time as the
Governor has taken appropriate corrective action to ensure
full compliance with this title within such local area with
regard to appropriate expenditures of funds under this title.
(d) Repayment of Amounts.--
(1) In general.--Each recipient of funds under this title
shall be liable to repay the amounts described in subsection
(c)(1), from funds other than funds received under this
title, upon a determination by the Secretary that the
misexpenditure of the amounts was due to willful disregard of
the requirements of this title, gross negligence, failure to
observe accepted standards of administration, or a pattern of
misexpenditure described in subsection (c)(1). No such
determination shall be made under this subsection or
subsection (c) until notice and opportunity for a fair
hearing have been given to the recipient.
(2) Factors in imposing sanctions.--In determining whether
to impose any sanction authorized by this section against a
recipient of funds under this title for violations of this
title (including applicable regulations) by a subgrantee or
contractor of such recipient, the Secretary shall first
determine whether such recipient has adequately demonstrated
that the recipient has--
(A) established and adhered to an appropriate system, for
entering into and monitoring subgrant agreements and
contracts with subgrantees and contractors, that contains
acceptable standards for ensuring accountability;
(B) entered into a written subgrant agreement or contract
with such a subgrantee or contractor that established clear
goals and obligations in unambiguous terms;
(C) acted with due diligence to monitor the implementation
of the subgrant agreement or contract, including carrying out
the appropriate monitoring activities (including audits) at
reasonable intervals; and
(D) taken prompt and appropriate corrective action upon
becoming aware of any evidence of a violation of this title,
including regulations issued under this title, by such
subgrantee or contractor.
(3) Waiver.--If the Secretary determines that the recipient
has demonstrated substantial compliance with the requirements
of paragraph (2), the Secretary may waive the imposition of
sanctions authorized by this section upon such recipient. The
Secretary is authorized to impose any sanction consistent
with the provisions of this title and with any applicable
Federal or State law directly against any subgrantee or
contractor for violation of this title, including regulations
issued under this title.
(e) Immediate Termination or Suspension of Assistance in
Emergency Situations.--In emergency situations, if the
Secretary determines it is necessary to protect the integrity
of the funds or ensure the proper operation of the program or
activity involved, the Secretary may immediately terminate or
suspend financial assistance, in whole or in part, to the
recipient if the recipient is given prompt notice and the
opportunity for a subsequent hearing within 30 days after
such termination or suspension. The Secretary shall not
delegate any of the functions or authority specified in this
subsection, other than to an officer whose appointment is
required to be made by and with the advice and consent of the
Senate.
(f) Discrimination Against Participants.--If the Secretary
determines that any recipient under this title has discharged
or in any other manner discriminated against a participant or
against any individual in connection with the administration
of the program involved, or against any individual because
such individual has filed any complaint or instituted or
caused to be instituted any proceeding under or related to
this title, or has testified or is about to testify in any
such proceeding or an investigation under or related to this
title, or otherwise unlawfully denied to any individual a
benefit to which that individual is entitled under the
provisions of this title, including regulations issued under
this title, the Secretary shall, within 30 days, take such
action or order such corrective measures, as necessary, with
respect to the recipient or the aggrieved individual, or
both.
(g) Remedies.--The remedies described in this section shall
not be considered to be the exclusive remedies available for
violations described in this section.
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.
(a) Recipient Recordkeeping and Reports.--
(1) In general.--Recipients of funds under this title shall
keep records that are sufficient to permit the preparation of
reports required by this title and to permit the tracing of
funds to a level of expenditure adequate to ensure that the
funds have not been spent unlawfully.
(2) Records and reports regarding general performance.--
Every such recipient shall maintain such records and submit
such reports, in such form and containing such information,
as the Secretary may require regarding the performance of
programs and activities carried out under this title. Such
records and reports shall be submitted to the Secretary but
shall not be required to be submitted more than once each
quarter unless specifically requested by Congress or a
committee of Congress, in which case an estimate regarding
such information may be provided.
(3) Maintenance of standardized records.--In order to allow
for the preparation of the reports required under subsection
(c), such recipients shall maintain standardized records for
all individual participants and provide to the Secretary a
sufficient number of such records to provide for an adequate
analysis of the records.
[[Page H5930]]
(4) Availability to the public.--
(A) In general.--Except as provided in subparagraph (B),
records maintained by such recipients pursuant to this
subsection shall be made available to the public upon
request.
(B) Exception.--Subparagraph (A) shall not apply to--
(i) information, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy; and
(ii) trade secrets, or commercial or financial information,
that is--
(I) obtained from a person; and
(II) privileged or confidential.
(C) Fees to recover costs.--Such recipients may charge fees
sufficient to recover costs applicable to the processing of
requests for records under subparagraph (A).
(b) Investigations of Use of Funds.--
(1) In general.--
(A) Secretary.--In order to evaluate compliance with the
provisions of this title, the Secretary shall conduct, in
several States, in each fiscal year, investigations of the
use of funds received by recipients under this title.
(B) Comptroller general of the united states.--In order to
ensure compliance with the provisions of this title, the
Comptroller General of the United States may conduct
investigations of the use of funds received under this title
by any recipient.
(2) Prohibition.--In conducting any investigation under
this title, the Secretary or the Comptroller General of the
United States may not request the compilation of any
information that the recipient is not otherwise required to
compile and that is not readily available to such recipient.
(3) Audits.--
(A) In general.--In carrying out any audit under this title
(other than any initial audit survey or any audit
investigating possible criminal or fraudulent conduct),
either directly or through grant or contract, the Secretary,
the Inspector General of the Department of Labor, or the
Comptroller General of the United States shall furnish to the
State, recipient, or other entity to be audited, advance
notification of the overall objectives and purposes of the
audit, and any extensive recordkeeping or data requirements
to be met, not later than 14 days (or as soon as practicable)
prior to the commencement of the audit.
(B) Notification requirement.--If the scope, objectives, or
purposes of the audit change substantially during the course
of the audit, the entity being audited shall be notified of
the change as soon as practicable.
(C) Additional requirement.--The reports on the results of
such audits shall cite the law, regulation, policy, or other
criteria applicable to any finding contained in the reports.
(D) Rule of construction.--Nothing contained in this title
shall be construed so as to be inconsistent with the
Inspector General Act of 1978 (5 U.S.C. App.) or government
auditing standards issued by the Comptroller General of the
United States.
(c) Grantee Information Responsibilities.--Each State, each
local board, and each recipient (other than a subrecipient,
subgrantee, or contractor of a recipient) receiving funds
under this title--
(1) shall make readily accessible such reports concerning
its operations and expenditures as shall be prescribed by the
Secretary;
(2) shall prescribe and maintain comparable management
information systems, in accordance with guidelines that shall
be prescribed by the Secretary, designed to facilitate the
uniform compilation, cross tabulation, and analysis of
programmatic, participant, and financial data, on statewide,
local area, and other appropriate bases, necessary for
reporting, monitoring, and evaluating purposes, including
data necessary to comply with section 188;
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title; and
(4) shall, to the extent practicable, submit or make
available (including through electronic means) any reports,
records, plans, or any other data that are required to be
submitted or made available, respectively, under this title.
(d) Information To Be Included in Reports.--
(1) In general.--The reports required in subsection (c)
shall include information regarding programs and activities
carried out under this title pertaining to--
(A) the relevant demographic characteristics (including
race, ethnicity, sex, and age) and other related information
regarding participants;
(B) the programs and activities in which participants are
enrolled, and the length of time that participants are
engaged in such programs and activities;
(C) outcomes of the programs and activities for
participants, including the occupations of participants, and
placement for participants in nontraditional employment;
(D) specified costs of the programs and activities; and
(E) information necessary to prepare reports to comply with
section 188.
(2) Additional requirement.--The Secretary shall ensure
that all elements of the information required for the reports
described in paragraph (1) are defined and that the
information is reported uniformly.
(e) Quarterly Financial Reports.--
(1) In general.--Each local board in a State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such
reports shall include information identifying all program and
activity costs by cost category in accordance with generally
accepted accounting principles and by year of the
appropriation involved.
(2) Additional requirement.--Each State shall submit to the
Secretary, and the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives, on a quarterly basis, a summary of the
reports submitted to the Governor pursuant to paragraph (1).
(f) Maintenance of Additional Records.--Each State and
local board shall maintain records with respect to programs
and activities carried out under this title that identify--
(1) any income or profits earned, including such income or
profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) Cost Categories.--In requiring entities to maintain
records of costs by cost category under this title, the
Secretary shall require only that the costs be categorized as
administrative or programmatic costs.
SEC. 186. ADMINISTRATIVE ADJUDICATION.
(a) In General.--Whenever any applicant for financial
assistance under this title is dissatisfied because the
Secretary has made a determination not to award financial
assistance in whole or in part to such applicant, the
applicant may request a hearing before an administrative law
judge of the Department of Labor. A similar hearing may also
be requested by any recipient for whom a corrective action
has been required or a sanction has been imposed by the
Secretary under section 184.
(b) Appeal.--The decision of the administrative law judge
shall constitute final action by the Secretary unless, within
20 days after receipt of the decision of the administrative
law judge, a party dissatisfied with the decision or any part
of the decision has filed exceptions with the Secretary
specifically identifying the procedure, fact, law, or policy
to which exception is taken. Any exception not specifically
urged during the 20-day period shall be deemed to have been
waived. After the 20-day period the decision of the
administrative law judge shall become the final decision of
the Secretary unless the Secretary, within 30 days after such
filing, notifies the parties that the case involved has been
accepted for review.
(c) Time Limit.--Any case accepted for review by the
Secretary under subsection (b) shall be decided within 180
days after such acceptance. If the case is not decided within
the 180-day period, the decision of the administrative law
judge shall become the final decision of the Secretary at the
end of the 180-day period.
(d) Additional Requirement.--The provisions of section 187
shall apply to any final action of the Secretary under this
section.
SEC. 187. JUDICIAL REVIEW.
(a) Review.--
(1) Petition.--With respect to any final order by the
Secretary under section 186 by which the Secretary awards,
declines to award, or only conditionally awards, financial
assistance under this title, or any final order of the
Secretary under section 186 with respect to a corrective
action or sanction imposed under section 184, any party to a
proceeding that resulted in such final order may obtain
review of such final order in the United States Court of
Appeals having jurisdiction over the applicant for or
recipient of the funds involved, by filing a review petition
within 30 days after the date of issuance of such final
order.
(2) Action on petition.--The clerk of the court shall
transmit a copy of the review petition to the Secretary, who
shall file the record on which the final order was entered as
provided in section 2112 of title 28, United States Code. The
filing of a review petition shall not stay the order of the
Secretary, unless the court orders a stay. Petitions filed
under this subsection shall be heard expeditiously, if
possible within 10 days after the date of filing of a reply
to the petition.
(3) Standard and scope of review.--No objection to the
order of the Secretary shall be considered by the court
unless the objection was specifically urged, in a timely
manner, before the Secretary. The review shall be limited to
questions of law and the findings of fact of the Secretary
shall be conclusive if supported by substantial evidence.
(b) Judgment.--The court shall have jurisdiction to make
and enter a decree affirming, modifying, or setting aside the
order of the Secretary in whole or in part. The judgment of
the court regarding the order shall be final, subject to
certiorari review by the Supreme Court as provided in section
1254(1) of title 28, United States Code.
SEC. 188. NONDISCRIMINATION.
(a) In General.--
(1) Federal financial assistance.--For the purpose of
applying the prohibitions against discrimination on the basis
of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), on the basis of disability under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the
basis of sex under title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), or on the basis of race,
color, or national origin under title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), programs and
activities funded or otherwise financially assisted in whole
or in part under this Act are considered to be programs and
activities receiving Federal financial assistance.
(2) Prohibition of discrimination regarding participation,
benefits, and employment.--No individual shall be excluded
from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the
administration of or in connection with, any such program or
activity because of race, color, religion, sex (except as
otherwise permitted under title IX of the Education
Amendments of 1972), national origin, age, disability, or
political affiliation or belief.
[[Page H5931]]
(3) Prohibition on assistance for facilities for sectarian
instruction or religious worship.--Participants shall not be
employed under this title to carry out the construction,
operation, or maintenance of any part of any facility that is
used or to be used for sectarian instruction or as a place
for religious worship (except with respect to the maintenance
of a facility that is not primarily or inherently devoted to
sectarian instruction or religious worship, in a case in
which the organization operating the facility is part of a
program or activity providing services to participants).
(4) Prohibition on discrimination on basis of participant
status.--No person may discriminate against an individual who
is a participant in a program or activity that receives funds
under this title, with respect to the terms and conditions
affecting, or rights provided to, the individual, solely
because of the status of the individual as a participant.
(5) Prohibition on discrimination against certain
noncitizens.--Participation in programs and activities or
receiving funds under this title shall be available to
citizens and nationals of the United States, lawfully
admitted permanent resident aliens, refugees, asylees, and
parolees, and other immigrants authorized by the Attorney
General to work in the United States.
(b) Action of Secretary.--Whenever the Secretary finds that
a State or other recipient of funds under this title has
failed to comply with a provision of law referred to in
subsection (a)(1), or with paragraph (2), (3), (4), or (5) of
subsection (a), including an applicable regulation prescribed
to carry out such provision or paragraph, the Secretary shall
notify such State or recipient and shall request that the
State or recipient comply. If within a reasonable period of
time, not to exceed 60 days, the State or recipient fails or
refuses to comply, the Secretary may--
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be
instituted; or
(2) take such other action as may be provided by law.
(c) Action of Attorney General.--When a matter is referred
to the Attorney General pursuant to subsection (b)(1), or
whenever the Attorney General has reason to believe that a
State or other recipient of funds under this title is engaged
in a pattern or practice of discrimination in violation of a
provision of law referred to in subsection (a)(1) or in
violation of paragraph (2), (3), (4), or (5) of subsection
(a), the Attorney General may bring a civil action in any
appropriate district court of the United States for such
relief as may be appropriate, including injunctive relief.
(d) Job Corps.--For the purposes of this section, Job Corps
members shall be considered to be the ultimate beneficiaries
of Federal financial assistance.
(e) Regulations.--The Secretary shall issue regulations
necessary to implement this section not later than 1 year
after the date of enactment of the Workforce Innovation and
Opportunity Act. Such regulations shall adopt standards for
determining discrimination and procedures for enforcement
that are consistent with the Acts referred to in subsection
(a)(1), as well as procedures to ensure that complaints filed
under this section and such Acts are processed in a manner
that avoids duplication of effort.
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND
RESPONSIBILITIES.
(a) In General.--In accordance with chapter 5 of title 5,
United States Code, the Secretary may prescribe rules and
regulations to carry out this title, only to the extent
necessary to administer and ensure compliance with the
requirements of this title. Such rules and regulations may
include provisions making adjustments authorized by section
6504 of title 31, United States Code. All such rules and
regulations shall be published in the Federal Register at
least 30 days prior to their effective dates. Copies of each
such rule or regulation shall be transmitted to the
appropriate committees of Congress on the date of such
publication and shall contain, with respect to each material
provision of such rule or regulation, a citation to the
particular substantive section of law that is the basis for
the provision.
(b) Acquisition of Certain Property and Services.--The
Secretary is authorized, in carrying out this title, to
accept, purchase, or lease in the name of the Department of
Labor, and employ or dispose of in furtherance of the
purposes of this title, any money or property, real,
personal, or mixed, tangible or intangible, received by gift,
devise, bequest, or otherwise, and to accept voluntary and
uncompensated services notwithstanding the provisions of
section 1342 of title 31, United States Code.
(c) Authority To Enter Into Certain Agreements and To Make
Certain Expenditures.--The Secretary may make such grants,
enter into such contracts or agreements, establish such
procedures, and make such payments, in installments and in
advance or by way of reimbursement, or otherwise allocate or
expend such funds under this title, as may be necessary to
carry out this title, including making expenditures for
construction, repairs, and capital improvements, and
including making necessary adjustments in payments on account
of over-payments or underpayments.
(d) Annual Report.--The Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate an annual report regarding
the programs and activities funded under this title. The
Secretary shall include in such report--
(1) a summary of the achievements, failures, and challenges
of the programs and activities in meeting the objectives of
this title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in
the fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
(e) Utilization of Services and Facilities.--The Secretary
is authorized, in carrying out this title, under the same
procedures as are applicable under subsection (c) or to the
extent permitted by law other than this title, to accept and
use the services and facilities of departments, agencies, and
establishments of the United States. The Secretary is also
authorized, in carrying out this title, to accept and use the
services and facilities of the agencies of any State or
political subdivision of a State, with the consent of the
State or political subdivision.
(f) Obligational Authority.--Notwithstanding any other
provision of this title, the Secretary shall have no
authority to enter into contracts, grant agreements, or other
financial assistance agreements under this title, except to
such extent and in such amounts as are provided in advance in
appropriations Acts.
(g) Program Year.--
(1) In general.--
(A) Program year.--Except as provided in subparagraph (B),
appropriations for any fiscal year for programs and
activities funded under this title shall be available for
obligation only on the basis of a program year. The program
year shall begin on July 1 in the fiscal year for which the
appropriation is made.
(B) Youth workforce investment activities.--The Secretary
may make available for obligation, beginning April 1 of any
fiscal year, funds appropriated for such fiscal year to carry
out youth workforce investment activities under subtitle B
and activities under section 171.
(2) Availability.--
(A) In general.--Funds obligated for any program year for a
program or activity funded under subtitle B may be expended
by each State receiving such funds during that program year
and the 2 succeeding program years. Funds received by local
areas from States under subtitle B during a program year may
be expended during that program year and the succeeding
program year.
(B) Certain national activities.--
(i) In general.--Funds obligated for any program year for
any program or activity carried out under section 169 shall
remain available until expended.
(ii) Incremental funding basis.--A contract or arrangement
entered into under the authority of subsection (a) or (b) of
section 169 (relating to evaluations, research projects,
studies and reports, and multistate projects), including a
long-term, nonseverable services contract, may be funded on
an incremental basis with annual appropriations or other
available funds.
(C) Special rule.--No amount of the funds obligated for a
program year for a program or activity funded under this
title shall be deobligated on account of a rate of
expenditure that is consistent with a State plan, an
operating plan described in section 151, or a plan, grant
agreement, contract, application, or other agreement
described in subtitle D, as appropriate.
(D) Funds for pay-for-performance contract strategies.--
Funds used to carry out pay-for-performance contract
strategies by local areas shall remain available until
expended.
(h) Enforcement of Military Selective Service Act.--The
Secretary shall ensure that each individual participating in
any program or activity established under this title, or
receiving any assistance or benefit under this title, has not
violated section 3 of the Military Selective Service Act (50
U.S.C. App. 453) by not presenting and submitting to
registration as required pursuant to such section. The
Director of the Selective Service System shall cooperate with
the Secretary to enable the Secretary to carry out this
subsection.
(i) Waivers.--
(1) Special rule regarding designated areas.--A State that
has enacted, not later than December 31, 1997, a State law
providing for the designation of service delivery areas for
the delivery of workforce investment activities, may use such
areas as local areas under this title, notwithstanding
section 106.
(2) Special rule regarding sanctions.--A State that has
enacted, not later than December 31, 1997, a State law
providing for the sanctioning of such service delivery areas
for failure to meet performance accountability measures for
workforce investment activities, may use the State law to
sanction local areas for failure to meet State performance
accountability measures under this title.
(3) General waivers of statutory or regulatory
requirements.--
(A) General authority.--Notwithstanding any other provision
of law, the Secretary may waive for a State, or a local area
in a State, pursuant to a request submitted by the Governor
of the State (in consultation with appropriate local elected
officials) with a plan that meets the requirements of
subparagraph (B)--
(i) any of the statutory or regulatory requirements of
subtitle A, subtitle B, or this subtitle (except for
requirements relating to wage and labor standards, including
nondisplacement protections, worker rights, participation and
protection of workers and participants, grievance procedures
and judicial review, nondiscrimination, allocation of funds
to local areas, eligibility of providers or participants, the
establishment and functions of local areas and local boards,
the funding of infrastructure costs for one-stop centers, and
procedures for review and approval of plans, and other
requirements relating to the basic purposes of this title);
and
(ii) any of the statutory or regulatory requirements of
sections 8 through 10 of the Wagner-
[[Page H5932]]
Peyser Act (29 U.S.C. 49g through 49i) (excluding
requirements relating to the provision of services to
unemployment insurance claimants and veterans, and
requirements relating to universal access to basic labor
exchange services without cost to jobseekers).
(B) Requests.--A Governor requesting a waiver under
subparagraph (A) shall submit a plan to the Secretary to
improve the statewide workforce development system that--
(i) identifies the statutory or regulatory requirements
that are requested to be waived and the goals that the State
or local area in the State, as appropriate, intends to
achieve as a result of the waiver;
(ii) describes the actions that the State or local area, as
appropriate, has undertaken to remove State or local
statutory or regulatory barriers;
(iii) describes the goals of the waiver and the expected
programmatic outcomes if the request is granted;
(iv) describes the individuals impacted by the waiver; and
(v) describes the process used to monitor the progress in
implementing such a waiver, and the process by which notice
and, in the case of a waiver for a local area, an opportunity
to comment on such request has been provided to the local
board for the local area for which the waiver is requested.
(C) Conditions.--Not later than 90 days after the date of
the original submission of a request for a waiver under
subparagraph (A), the Secretary shall provide a waiver under
this subsection if and only to the extent that--
(i) the Secretary determines that the requirements
requested to be waived impede the ability of the State or
local area, as appropriate, to implement the plan described
in subparagraph (B); and
(ii) the State has executed a memorandum of understanding
with the Secretary requiring such State to meet, or ensure
that the local area for which the waiver is requested meets,
agreed-upon outcomes and to implement other appropriate
measures to ensure accountability.
(D) Expedited determination regarding provision of
waivers.--If the Secretary has approved a waiver of statutory
or regulatory requirements for a State or local area pursuant
to this subsection, the Secretary shall expedite the
determination regarding the provision of that waiver, for
another State or local area if such waiver is in accordance
with the approved State or local plan, as appropriate.
SEC. 190. WORKFORCE FLEXIBILITY PLANS.
(a) Plans.--A State may submit to the Secretary, and the
Secretary may approve, a workforce flexibility plan under
which the State is authorized to waive, in accordance with
the plan--
(1) any of the statutory or regulatory requirements
applicable under this title to local areas, pursuant to
applications for such waivers from the local areas, except
for requirements relating to the basic purposes of this
title, wage and labor standards, grievance procedures and
judicial review, nondiscrimination, eligibility of
participants, allocation of funds to local areas,
establishment and functions of local areas and local boards,
procedures for review and approval of local plans, and worker
rights, participation, and protection;
(2) any of the statutory or regulatory requirements
applicable under sections 8 through 10 of the Wagner-Peyser
Act (29 U.S.C. 49g through 49i) to the State (excluding
requirements relating to the provision of services to
unemployment insurance claimants and veterans, and
requirements relating to universal access to basic labor
exchange services without cost to jobseekers); and
(3) any of the statutory or regulatory requirements
applicable under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.) to State agencies on aging with respect to
activities carried out using funds allotted under section
506(b) of such Act (42 U.S.C. 3056d(b)), except for
requirements relating to the basic purposes of such Act, wage
and labor standards, eligibility of participants in the
activities, and standards for grant agreements.
(b) Content of Plans.--A workforce flexibility plan
implemented by a State under subsection (a) shall include
descriptions of--
(1)(A) the process by which local areas in the State may
submit and obtain approval by the State of applications for
waivers of requirements applicable under this title; and
(B) the requirements described in subparagraph (A) that are
likely to be waived by the State under the plan;
(2) the requirements applicable under sections 8 through 10
of the Wagner-Peyser Act that are proposed to be waived, if
any;
(3) the requirements applicable under the Older Americans
Act of 1965 that are proposed to be waived, if any;
(4) the outcomes to be achieved by the waivers described in
paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the
waivers.
(c) Periods.--The Secretary may approve a workforce
flexibility plan for a period of not more than 5 years.
(d) Opportunity for Public Comments.--Prior to submitting a
workforce flexibility plan to the Secretary for approval, the
State shall provide to all interested parties and to the
general public adequate notice of and a reasonable
opportunity for comment on the waiver requests proposed to be
implemented pursuant to such plan.
SEC. 191. STATE LEGISLATIVE AUTHORITY.
(a) Authority of State Legislature.--Nothing in this title
shall be interpreted to preclude the enactment of State
legislation providing for the implementation, consistent with
the provisions of this title, of the activities assisted
under this title. Any funds received by a State under this
title shall be subject to appropriation by the State
legislature, consistent with the terms and conditions
required under this title.
(b) Interstate Compacts and Cooperative Agreements.--In the
event that compliance with provisions of this title would be
enhanced by compacts and cooperative agreements between
States, the consent of Congress is given to States to enter
into such compacts and agreements to facilitate such
compliance, subject to the approval of the Secretary.
SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT
SECURITY AGENCY REAL PROPERTY TO THE STATES.
(a) Transfer of Federal Equity.--Notwithstanding any other
provision of law, any Federal equity acquired in real
property through grants to States awarded under title III of
the Social Security Act (42 U.S.C. 501 et seq.) or under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.) is transferred to
the States that used the grants for the acquisition of such
equity. The portion of any real property that is attributable
to the Federal equity transferred under this section shall be
used to carry out activities authorized under this Act, title
III of the Social Security Act, or the Wagner-Peyser Act. Any
disposition of such real property shall be carried out in
accordance with the procedures prescribed by the Secretary
and the portion of the proceeds from the disposition of such
real property that is attributable to the Federal equity
transferred under this section shall be used to carry out
activities authorized under this Act, title III of the Social
Security Act, or the Wagner-Peyser Act.
(b) Limitation on Use.--A State shall not use funds awarded
under this Act, title III of the Social Security Act, or the
Wagner-Peyser Act to amortize the costs of real property that
is purchased by any State on or after the date of enactment
of the Revised Continuing Appropriations Resolution, 2007.
SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLICIES.
(a) In General.--Notwithstanding any other provision of
this title, the Secretary may not deny approval of a State
plan for a covered State, or an application of a covered
State for financial assistance, under this title, or find a
covered State (including a State board or Governor), or a
local area (including a local board or chief elected
official) in a covered State, in violation of a provision of
this title, on the basis that--
(1)(A) the State proposes to allocate or disburse,
allocates, or disburses, within the State, funds made
available to the State under section 127 or 132 in accordance
with the allocation formula for the type of activities
involved, or in accordance with a disbursal procedure or
process, used by the State under prior consistent State laws;
or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to the
State under section 127 or 132 in accordance with a disbursal
procedure or process used by a private industry council under
prior consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for
funds made available to the State under section 127 or 132
and allocated within the State, fiscal agents selected in
accordance with a process established under prior consistent
State laws;
(3) the State proposes to carry out or carries out a State
procedure through which the local boards in the State (or the
local boards, the chief elected officials in the State, and
the Governor) designate or select the one-stop partners and
one-stop operators of the statewide system in the State under
prior consistent State laws, in lieu of making the
designation or certification described in section 121
(regardless of the date the one-stop delivery systems
involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted
to determine that a provider shall not be selected to provide
both intake services under section 134(c)(2) and training
services under section 134(c)(3), under prior consistent
State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles
of the State board (including determining the time periods
for development and submission of a State plan required under
section 102 or 103), for purposes of subtitle A in accordance
with prior consistent State laws; or
(6) a local board in the State proposes to use or carry
out, uses, or carries out a local plan (including assigning
functions and roles of the local board) for purposes of
subtitle A in accordance with the authorities and
requirements applicable to local plans and private industry
councils under prior consistent State laws.
(b) Definition.--In this section:
(1) Covered state.--The term ``covered State'' means a
State that enacted State laws described in paragraph (2).
(2) Prior consistent state laws.--The term ``prior
consistent State laws'' means State laws, not inconsistent
with the Job Training Partnership Act or any other applicable
Federal law, that took effect on September 1, 1993, September
1, 1995, and September 1, 1997.
SEC. 194. GENERAL PROGRAM REQUIREMENTS.
Except as otherwise provided in this title, the following
conditions apply to all programs under this title:
(1) Each program under this title shall provide employment
and training opportunities to those who can benefit from, and
who are most in need of, such opportunities. In addition, the
recipients of Federal funding for programs under this title
shall make efforts to develop programs that contribute to
occupational development, upward
[[Page H5933]]
mobility, development of new careers, and opportunities for
nontraditional employment.
(2) Funds provided under this title shall only be used for
activities that are in addition to activities that would
otherwise be available in the local area in the absence of
such funds.
(3)(A) Any local area may enter into an agreement with
another local area (including a local area that is a city or
county within the same labor market) to pay or share the cost
of educating, training, or placing individuals participating
in programs assisted under this title, including the
provision of supportive services.
(B) Such agreement shall be approved by each local board
for a local area entering into the agreement and shall be
described in the local plan under section 108.
(4) On-the-job training contracts under this title, shall
not be entered into with employers who have received payments
under previous contracts under this Act or the Workforce
Investment Act of 1998 and have exhibited a pattern of
failing to provide on-the-job training participants with
continued long-term employment as regular employees with
wages and employment benefits (including health benefits) and
working conditions at the same level and to the same extent
as other employees working a similar length of time and doing
the same type of work.
(5) No person or organization may charge an individual a
fee for the placement or referral of the individual in or to
a workforce investment activity under this title.
(6) The Secretary shall not provide financial assistance
for any program under this title that involves political
activities.
(7)(A) Income under any program administered by a public or
private nonprofit entity may be retained by such entity only
if such income is used to continue to carry out the program.
(B) Income subject to the requirements of subparagraph (A)
shall include--
(i) receipts from goods or services (including conferences)
provided as a result of activities funded under this title;
(ii) funds provided to a service provider under this title
that are in excess of the costs associated with the services
provided; and
(iii) interest income earned on funds received under this
title.
(C) For purposes of this paragraph, each entity receiving
financial assistance under this title shall maintain records
sufficient to determine the amount of such income received
and the purposes for which such income is expended.
(8)(A) The Secretary shall notify the Governor and the
appropriate local board and chief elected official of, and
consult with the Governor and such board and official
concerning, any activity to be funded by the Secretary under
this title within the corresponding State or local area.
(B) The Governor shall notify the appropriate local board
and chief elected official of, and consult with such board
and official concerning, any activity to be funded by the
Governor under this title within the corresponding local
area.
(9)(A) All education programs for youth supported with
funds provided under chapter 2 of subtitle B shall be
consistent with applicable State and local educational
standards.
(B) Standards and procedures with respect to awarding
academic credit and certifying educational attainment in
programs conducted under such chapter shall be consistent
with the requirements of applicable State and local law,
including regulation.
(10) No funds available under this title may be used for
public service employment except as specifically authorized
under this title.
(11) The Federal requirements governing the title, use, and
disposition of real property, equipment, and supplies
purchased with funds provided under this title shall be the
corresponding Federal requirements generally applicable to
such items purchased through Federal grants to States and
local governments.
(12) Nothing in this title shall be construed to provide an
individual with an entitlement to a service under this title.
(13) Services, facilities, or equipment funded under this
title may be used, as appropriate, on a fee-for-service
basis, by employers in a local area in order to provide
employment and training activities to incumbent workers--
(A) when such services, facilities, or equipment are not in
use for the provision of services for eligible participants
under this title;
(B) if such use for incumbent workers would not have an
adverse effect on the provision of services to eligible
participants under this title; and
(C) if the income derived from such fees is used to carry
out the programs authorized under this title.
(14) Funds provided under this title shall not be used to
establish or operate a stand-alone fee-for-service enterprise
in a situation in which a private sector employment agency
(as defined in section 701 of the Civil Rights Act of 1964
(42 U.S.C. 2000e)) is providing full access to similar or
related services in such a manner as to fully meet the
identified need. For purposes of this paragraph, such an
enterprise does not include a one-stop delivery system
described in section 121(e).
(15)(A) None of the funds available under this title shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of the annual
rate of basic pay prescribed for level II of the Executive
Schedule under section 5313 of title 5, United States Code.
(B) The limitation described in subparagraph (A) shall not
apply to vendors providing goods and services as defined in
Office of Management and Budget Circular A-133. In a case in
which a State is a recipient of such funds, the State may
establish a lower limit than is provided in subparagraph (A)
for salaries and bonuses of those receiving salaries and
bonuses from a subrecipient of such funds, taking into
account factors including the relative cost of living in the
State, the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer the Federal programs involved.
SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Publicity Restrictions.--
(1) In general.--No funds provided under this Act shall be
used for--
(A) publicity or propaganda purposes; or
(B) the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication,
radio, television, or video presentation designed to support
or defeat--
(i) the enactment of legislation before Congress or any
State or local legislature or legislative body; or
(ii) any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships;
(B) the preparation, distribution, or use of the materials
described in paragraph (1)(B) in presentation to Congress or
any State or local legislature or legislative body; or
(C) such preparation, distribution, or use of such
materials in presentation to the executive branch of any
State or local government.
(b) Salary Restrictions.--
(1) In general.--No funds provided under this Act shall be
used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any
activity designed to influence the enactment or issuance of
legislation, appropriations, regulations, administrative
action, or an Executive order proposed or pending before
Congress or any State government, or a State or local
legislature or legislative body.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships; or
(B) participation by an agency or officer of a State,
local, or tribal government in policymaking and
administrative processes within the executive branch of that
government.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Adult Education and Family
Literacy Act''.
SEC. 202. PURPOSE.
It is the purpose of this title to create a partnership
among the Federal Government, States, and localities to
provide, on a voluntary basis, adult education and literacy
activities, in order to--
(1) assist adults to become literate and obtain the
knowledge and skills necessary for employment and economic
self-sufficiency;
(2) assist adults who are parents or family members to
obtain the education and skills that--
(A) are necessary to becoming full partners in the
educational development of their children; and
(B) lead to sustainable improvements in the economic
opportunities for their family;
(3) assist adults in attaining a secondary school diploma
and in the transition to postsecondary education and
training, including through career pathways; and
(4) assist immigrants and other individuals who are English
language learners in--
(A) improving their--
(i) reading, writing, speaking, and comprehension skills in
English; and
(ii) mathematics skills; and
(B) acquiring an understanding of the American system of
Government, individual freedom, and the responsibilities of
citizenship.
SEC. 203. DEFINITIONS.
In this title:
(1) Adult education.--The term ``adult education'' means
academic instruction and education services below the
postsecondary level that increase an individual's ability
to--
(A) read, write, and speak in English and perform
mathematics or other activities necessary for the attainment
of a secondary school diploma or its recognized equivalent;
(B) transition to postsecondary education and training; and
(C) obtain employment.
(2) Adult education and literacy activities.--The term
``adult education and literacy activities'' means programs,
activities, and services that include adult education,
literacy, workplace adult education and literacy activities,
family literacy activities, English language acquisition
activities, integrated English literacy and civics education,
workforce preparation activities, or integrated education and
training.
(3) Eligible agency.--The term ``eligible agency'' means
the sole entity or agency in a State or an outlying area
responsible for administering or supervising policy for adult
education and literacy activities in the State or outlying
area, respectively, consistent with the law of the State or
outlying area, respectively.
(4) Eligible individual.--The term ``eligible individual''
means an individual--
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be enrolled in
secondary school under State law; and
(C) who--
(i) is basic skills deficient;
(ii) does not have a secondary school diploma or its
recognized equivalent, and has not achieved an equivalent
level of education; or
(iii) is an English language learner.
(5) Eligible provider.--The term ``eligible provider''
means an organization that has demonstrated effectiveness in
providing adult education and literacy activities that may
include --
[[Page H5934]]
(A) a local educational agency;
(B) a community-based organization or faith-based
organization;
(C) a volunteer literacy organization;
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described in any of
subparagraphs (A) through (G) and has the ability to provide
adult education and literacy activities to eligible
individuals;
(I) a consortium or coalition of the agencies,
organizations, institutions, libraries, or authorities
described in any of subparagraphs (A) through (H); and
(J) a partnership between an employer and an entity
described in any of subparagraphs (A) through (I).
(6) English language acquisition program.--The term
``English language acquisition program'' means a program of
instruction--
(A) designed to help eligible individuals who are English
language learners achieve competence in reading, writing,
speaking, and comprehension of the English language; and
(B) that leads to--
(i)(I) attainment of a secondary school diploma or its
recognized equivalent; and
(II) transition to postsecondary education and training; or
(ii) employment.
(7) English language learner.--The term ``English language
learner'' when used with respect to an eligible individual,
means an eligible individual who has limited ability in
reading, writing, speaking, or comprehending the English
language, and--
(A) whose native language is a language other than English;
or
(B) who lives in a family or community environment where a
language other than English is the dominant language.
(8) Essential components of reading instruction.--The term
``essential components of reading instruction'' has the
meaning given the term in section 1208 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6368).
(9) Family literacy activities.--The term ``family literacy
activities'' means activities that are of sufficient
intensity and quality, to make sustainable improvements in
the economic prospects for a family and that better enable
parents or family members to support their children's
learning needs, and that integrate all of the following
activities:
(A) Parent or family adult education and literacy
activities that lead to readiness for postsecondary education
or training, career advancement, and economic self-
sufficiency.
(B) Interactive literacy activities between parents or
family members and their children.
(C) Training for parents or family members regarding how to
be the primary teacher for their children and full partners
in the education of their children.
(D) An age-appropriate education to prepare children for
success in school and life experiences.
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(11) Integrated education and training.--The term
``integrated education and training'' means a service
approach that provides adult education and literacy
activities concurrently and contextually with workforce
preparation activities and workforce training for a specific
occupation or occupational cluster for the purpose of
educational and career advancement.
(12) Integrated english literacy and civics education.--The
term ``integrated English literacy and civics education''
means education services provided to English language
learners who are adults, including professionals with degrees
and credentials in their native countries, that enables such
adults to achieve competency in the English language and
acquire the basic and more advanced skills needed to function
effectively as parents, workers, and citizens in the United
States. Such services shall include instruction in literacy
and English language acquisition and instruction on the
rights and responsibilities of citizenship and civic
participation, and may include workforce training.
(13) Literacy.--The term ``literacy'' means an individual's
ability to read, write, and speak in English, compute, and
solve problems, at levels of proficiency necessary to
function on the job, in the family of the individual, and in
society.
(14) Postsecondary educational institution.--The term
``postsecondary educational institution'' means--
(A) an institution of higher education that provides not
less than a 2-year program of instruction that is acceptable
for credit toward a bachelor's degree;
(B) a tribally controlled college or university; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(16) Workplace adult education and literacy activities.--
The term ``workplace adult education and literacy
activities'' means adult education and literacy activities
offered by an eligible provider in collaboration with an
employer or employee organization at a workplace or an off-
site location that is designed to improve the productivity of
the workforce.
(17) Workforce preparation activities.--The term
``workforce preparation activities'' means activities,
programs, or services designed to help an individual acquire
a combination of basic academic skills, critical thinking
skills, digital literacy skills, and self-management skills,
including competencies in utilizing resources, using
information, working with others, understanding systems, and
obtaining skills necessary for successful transition into and
completion of postsecondary education or training, or
employment.
SEC. 204. HOME SCHOOLS.
Nothing in this title shall be construed to affect home
schools, whether a home school is treated as a home school or
a private school under State law, or to compel a parent or
family member engaged in home schooling to participate in
adult education and literacy activities.
SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY
TRANSITION AND CONCURRENT ENROLLMENT
ACTIVITIES.
Nothing in this title shall be construed to prohibit or
discourage the use of funds provided under this title for
adult education and literacy activities that help eligible
individuals transition to postsecondary education and
training or employment, or for concurrent enrollment
activities.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $577,667,000 for fiscal year 2015, $622,286,000 for
fiscal year 2016, $635,198,000 for fiscal year 2017,
$649,287,000 for fiscal year 2018, $664,552,000 for fiscal
year 2019, and $678,640,000 for fiscal year 2020.
Subtitle A--Federal Provisions
SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES;
ALLOTMENTS.
(a) Reservation of Funds.--From the sum appropriated under
section 206 for a fiscal year, the Secretary--
(1) shall reserve 2 percent to carry out section 242,
except that the amount so reserved shall not exceed
$15,000,000; and
(2) shall reserve 12 percent of the amount that remains
after reserving funds under paragraph (1) to carry out
section 243.
(b) Grants to Eligible Agencies.--
(1) In general.--From the sum appropriated under section
206 and not reserved under subsection (a) for a fiscal year,
the Secretary shall award a grant to each eligible agency
having a unified State plan approved under section 102 or a
combined State plan approved under section 103 in an amount
equal to the sum of the initial allotment under subsection
(c)(1) and the additional allotment under subsection (c)(2)
for the eligible agency for the fiscal year, subject to
subsections (f) and (g), to enable the eligible agency to
carry out the activities assisted under this title.
(2) Purpose of grants.--The Secretary may award a grant
under paragraph (1) only if the eligible entity involved
agrees to expend the grant for adult education and literacy
activities in accordance with the provisions of this title.
(c) Allotments.--
(1) Initial allotments.--From the sum appropriated under
section 206 and not reserved under subsection (a) for a
fiscal year, the Secretary shall allot to each eligible
agency having a unified State plan approved under section 102
or a combined State plan approved under section 103--
(A) $100,000, in the case of an eligible agency serving an
outlying area; and
(B) $250,000, in the case of any other eligible agency.
(2) Additional allotments.--From the sum appropriated under
section 206, not reserved under subsection (a), and not
allotted under paragraph (1), for a fiscal year, the
Secretary shall allot to each eligible agency that receives
an initial allotment under paragraph (1) an additional amount
that bears the same relationship to such sum as the number of
qualifying adults in the State or outlying area served by the
eligible agency bears to the number of such adults in all
States and outlying areas.
(d) Qualifying Adult.--For the purpose of subsection
(c)(2), the term ``qualifying adult'' means an adult who--
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance under
the law of the State or outlying area;
(3) does not have a secondary school diploma or its
recognized equivalent; and
(4) is not enrolled in secondary school.
(e) Special Rule.--
(1) In general.--From amounts made available under
subsection (c) for the Republic of Palau, the Secretary shall
award grants to Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or the Republic of Palau to carry
out activities described in this title in accordance with the
provisions of this title, as determined by the Secretary.
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to the
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility.--Notwithstanding any other
provision of law, the Republic of Palau shall be eligible to
receive a grant under this title except during the period
described in section 3(45).
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
(f) Hold-harmless Provisions.--
(1) In general.--Notwithstanding subsection (c), for fiscal
year 2015 and each succeeding fiscal year, no eligible agency
shall receive an allotment under this section that is less
than 90 percent of the allotment the eligible agency received
for the preceding fiscal year under this section.
(2) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to
satisfy the provisions of paragraph (1) the Secretary shall
ratably reduce the payments to all eligible agencies, as
necessary.
[[Page H5935]]
(g) Reallotment.--The portion of any eligible agency's
allotment under this title for a fiscal year that the
Secretary determines will not be required for the period such
allotment is available for carrying out activities under this
title, shall be available for reallotment from time to time,
on such dates during such period as the Secretary shall fix,
to other eligible agencies in proportion to the original
allotments to such agencies under this title for such year.
SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
Programs and activities authorized in this title are
subject to the performance accountability provisions
described in section 116.
Subtitle B--State Provisions
SEC. 221. STATE ADMINISTRATION.
Each eligible agency shall be responsible for the State or
outlying area administration of activities under this title,
including--
(1) the development, implementation, and monitoring of the
relevant components of the unified State plan in section 102
or the combined State plan in section 103;
(2) consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of activities assisted under
this title; and
(3) coordination and nonduplication with other Federal and
State education, training, corrections, public housing, and
social service programs.
SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
(a) State Distribution of Funds.--Each eligible agency
receiving a grant under section 211(b) for a fiscal year--
(1) shall use not less than 82.5 percent of the grant funds
to award grants and contracts under section 231 and to carry
out section 225, of which not more than 20 percent of such
amount shall be available to carry out section 225;
(2) shall use not more than 12.5 percent of the grant funds
to carry out State leadership activities under section 223;
and
(3) shall use not more than 5 percent of the grant funds,
or $85,000, whichever is greater, for the administrative
expenses of the eligible agency.
(b) Matching Requirement.--
(1) In general.--In order to receive a grant from the
Secretary under section 211(b) each eligible agency shall
provide, for the costs to be incurred by the eligible agency
in carrying out the adult education and literacy activities
for which the grant is awarded, a non-Federal contribution in
an amount that is not less than--
(A) in the case of an eligible agency serving an outlying
area, 12 percent of the total amount of funds expended for
adult education and literacy activities in the outlying area,
except that the Secretary may decrease the amount of funds
required under this subparagraph for an eligible agency; and
(B) in the case of an eligible agency serving a State, 25
percent of the total amount of funds expended for adult
education and literacy activities in the State.
(2) Non-federal contribution.--An eligible agency's non-
Federal contribution required under paragraph (1) may be
provided in cash or in kind, fairly evaluated, and shall
include only non-Federal funds that are used for adult
education and literacy activities in a manner that is
consistent with the purpose of this title.
SEC. 223. STATE LEADERSHIP ACTIVITIES.
(a) Activities.--
(1) Required.--Each eligible agency shall use funds made
available under section 222(a)(2) for the following adult
education and literacy activities to develop or enhance the
adult education system of the State or outlying area:
(A) The alignment of adult education and literacy
activities with other core programs and one-stop partners,
including eligible providers, to implement the strategy
identified in the unified State plan under section 102 or the
combined State plan under section 103, including the
development of career pathways to provide access to
employment and training services for individuals in adult
education and literacy activities.
(B) The establishment or operation of high quality
professional development programs to improve the instruction
provided pursuant to local activities required under section
231(b), including instruction incorporating the essential
components of reading instruction as such components relate
to adults, instruction related to the specific needs of adult
learners, instruction provided by volunteers or by personnel
of a State or outlying area, and dissemination of information
about models and promising practices related to such
programs.
(C) The provision of technical assistance to eligible
providers of adult education and literacy activities
receiving funds under this title, including--
(i) the development and dissemination of instructional and
programmatic practices based on the most rigorous or
scientifically valid research available and appropriate, in
reading, writing, speaking, mathematics, English language
acquisition programs, distance education, and staff training;
(ii) the role of eligible providers as a one-stop partner
to provide access to employment, education, and training
services; and
(iii) assistance in the use of technology, including for
staff training, to eligible providers, especially the use of
technology to improve system efficiencies.
(D) The monitoring and evaluation of the quality of, and
the improvement in, adult education and literacy activities
and the dissemination of information about models and proven
or promising practices within the State.
(2) Permissible activities.--Each eligible agency may use
funds made available under section 222(a)(2) for 1 or more of
the following adult education and literacy activities:
(A) The support of State or regional networks of literacy
resource centers.
(B) The development and implementation of technology
applications, translation technology, or distance education,
including professional development to support the use of
instructional technology.
(C) Developing and disseminating curricula, including
curricula incorporating the essential components of reading
instruction as such components relate to adults.
(D) Developing content and models for integrated education
and training and career pathways.
(E) The provision of assistance to eligible providers in
developing and implementing programs that achieve the
objectives of this title and in measuring the progress of
those programs in achieving such objectives, including
meeting the State adjusted levels of performance described in
section 116(b)(3).
(F) The development and implementation of a system to
assist in the transition from adult education to
postsecondary education, including linkages with
postsecondary educational institutions or institutions of
higher education.
(G) Integration of literacy and English language
instruction with occupational skill training, including
promoting linkages with employers.
(H) Activities to promote workplace adult education and
literacy activities.
(I) Identifying curriculum frameworks and aligning rigorous
content standards that--
(i) specify what adult learners should know and be able to
do in the areas of reading and language arts, mathematics,
and English language acquisition; and
(ii) take into consideration the following:
(I) State adopted academic standards.
(II) The current adult skills and literacy assessments used
in the State or outlying area.
(III) The primary indicators of performance described in
section 116.
(IV) Standards and academic requirements for enrollment in
nonremedial, for-credit courses in postsecondary educational
institutions or institutions of higher education supported by
the State or outlying area.
(V) Where appropriate, the content of occupational and
industry skill standards widely used by business and industry
in the State or outlying area.
(J) Developing and piloting of strategies for improving
teacher quality and retention.
(K) The development and implementation of programs and
services to meet the needs of adult learners with learning
disabilities or English language learners, which may include
new and promising assessment tools and strategies that are
based on scientifically valid research, where appropriate,
and identify the needs and capture the gains of such students
at the lowest achievement levels.
(L) Outreach to instructors, students, and employers.
(M) Other activities of statewide significance that promote
the purpose of this title.
(b) Collaboration.--In carrying out this section, eligible
agencies shall collaborate where possible, and avoid
duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
(c) State-imposed Requirements.--Whenever a State or
outlying area implements any rule or policy relating to the
administration or operation of a program authorized under
this title that has the effect of imposing a requirement that
is not imposed under Federal law (including any rule or
policy based on a State or outlying area interpretation of a
Federal statute, regulation, or guideline), the State or
outlying area shall identify, to eligible providers, the rule
or policy as being imposed by the State or outlying area.
SEC. 224. STATE PLAN.
Each State desiring to receive funds under this title for
any fiscal year shall submit and have approved a unified
State plan in accordance with section 102 or a combined State
plan in accordance with section 103.
SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
(a) Program Authorized.--From funds made available under
section 222(a)(1) for a fiscal year, each eligible agency
shall carry out corrections education and education for other
institutionalized individuals.
(b) Uses of Funds.--The funds described in subsection (a)
shall be used for the cost of educational programs for
criminal offenders in correctional institutions and for other
institutionalized individuals, including academic programs
for--
(1) adult education and literacy activities;
(2) special education, as determined by the eligible
agency;
(3) secondary school credit;
(4) integrated education and training;
(5) career pathways;
(6) concurrent enrollment;
(7) peer tutoring; and
(8) transition to re-entry initiatives and other
postrelease services with the goal of reducing recidivism.
(c) Priority.--Each eligible agency that is using
assistance provided under this section to carry out a program
for criminal offenders within a correctional institution
shall give priority to serving individuals who are likely to
leave the correctional institution within 5 years of
participation in the program.
(d) Report.--In addition to any report required under
section 116, each eligible agency that receives assistance
provided under this section shall annually prepare and submit
to the Secretary a report on the progress, as described in
section 116, of the eligible agency with respect
[[Page H5936]]
to the programs and activities carried out under this
section, including the relative rate of recidivism for the
criminal offenders served.
(e) Definitions.--In this section:
(1) Correctional institution.--The term ``correctional
institution'' means any--
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based rehabilitation center,
or any other similar institution designed for the confinement
or rehabilitation of criminal offenders.
(2) Criminal offender.--The term ``criminal offender''
means any individual who is charged with or convicted of any
criminal offense.
Subtitle C--Local Provisions
SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
(a) Grants and Contracts.--From grant funds made available
under section 222(a)(1), each eligible agency shall award
multiyear grants or contracts, on a competitive basis, to
eligible providers within the State or outlying area to
enable the eligible providers to develop, implement, and
improve adult education and literacy activities within the
State.
(b) Required Local Activities.--The eligible agency shall
require that each eligible provider receiving a grant or
contract under subsection (a) use the grant or contract to
establish or operate programs that provide adult education
and literacy activities, including programs that provide such
activities concurrently.
(c) Direct and Equitable Access; Same Process.--Each
eligible agency receiving funds under this title shall ensure
that--
(1) all eligible providers have direct and equitable access
to apply and compete for grants or contracts under this
section; and
(2) the same grant or contract announcement process and
application process is used for all eligible providers in the
State or outlying area.
(d) Special Rule.--Each eligible agency awarding a grant or
contract under this section shall not use any funds made
available under this title for adult education and literacy
activities for the purpose of supporting or providing
programs, services, or activities for individuals who are not
individuals described in subparagraphs (A) and (B) of section
203(4), except that such agency may use such funds for such
purpose if such programs, services, or activities are related
to family literacy activities. In providing family literacy
activities under this title, an eligible provider shall
attempt to coordinate with programs and services that are not
assisted under this title prior to using funds for adult
education and literacy activities under this title for
activities other than activities for eligible individuals.
(e) Considerations.--In awarding grants or contracts under
this section, the eligible agency shall consider--
(1) the degree to which the eligible provider would be
responsive to--
(A) regional needs as identified in the local plan under
section 108; and
(B) serving individuals in the community who were
identified in such plan as most in need of adult education
and literacy activities, including individuals--
(i) who have low levels of literacy skills; or
(ii) who are English language learners;
(2) the ability of the eligible provider to serve eligible
individuals with disabilities, including eligible individuals
with learning disabilities;
(3) past effectiveness of the eligible provider in
improving the literacy of eligible individuals, to meet
State-adjusted levels of performance for the primary
indicators of performance described in section 116,
especially with respect to eligible individuals who have low
levels of literacy;
(4) the extent to which the eligible provider demonstrates
alignment between proposed activities and services and the
strategy and goals of the local plan under section 108, as
well as the activities and services of the one-stop partners;
(5) whether the eligible provider's program--
(A) is of sufficient intensity and quality, and based on
the most rigorous research available so that participants
achieve substantial learning gains; and
(B) uses instructional practices that include the essential
components of reading instruction;
(6) whether the eligible provider's activities, including
whether reading, writing, speaking, mathematics, and English
language acquisition instruction delivered by the eligible
provider, are based on the best practices derived from the
most rigorous research available and appropriate, including
scientifically valid research and effective educational
practice;
(7) whether the eligible provider's activities effectively
use technology, services, and delivery systems, including
distance education in a manner sufficient to increase the
amount and quality of learning and how such technology,
services, and systems lead to improved performance;
(8) whether the eligible provider's activities provide
learning in context, including through integrated education
and training, so that an individual acquires the skills
needed to transition to and complete postsecondary education
and training programs, obtain and advance in employment
leading to economic self-sufficiency, and to exercise the
rights and responsibilities of citizenship;
(9) whether the eligible provider's activities are
delivered by well-trained instructors, counselors, and
administrators who meet any minimum qualifications
established by the State, where applicable, and who have
access to high quality professional development, including
through electronic means;
(10) whether the eligible provider's activities coordinate
with other available education, training, and social service
resources in the community, such as by establishing strong
links with elementary schools and secondary schools,
postsecondary educational institutions, institutions of
higher education, local workforce investment boards, one-stop
centers, job training programs, and social service agencies,
business, industry, labor organizations, community-based
organizations, nonprofit organizations, and intermediaries,
for the development of career pathways;
(11) whether the eligible provider's activities offer
flexible schedules and coordination with Federal, State, and
local support services (such as child care, transportation,
mental health services, and career planning) that are
necessary to enable individuals, including individuals with
disabilities or other special needs, to attend and complete
programs;
(12) whether the eligible provider maintains a high-quality
information management system that has the capacity to report
measurable participant outcomes (consistent with section 116)
and to monitor program performance; and
(13) whether the local areas in which the eligible provider
is located have a demonstrated need for additional English
language acquisition programs and civics education programs.
SEC. 232. LOCAL APPLICATION.
Each eligible provider desiring a grant or contract from an
eligible agency shall submit an application to the eligible
agency containing such information and assurances as the
eligible agency may require, including--
(1) a description of how funds awarded under this title
will be spent consistent with the requirements of this title;
(2) a description of any cooperative arrangements the
eligible provider has with other agencies, institutions, or
organizations for the delivery of adult education and
literacy activities;
(3) a description of how the eligible provider will provide
services in alignment with the local plan under section 108,
including how such provider will promote concurrent
enrollment in programs and activities under title I, as
appropriate;
(4) a description of how the eligible provider will meet
the State adjusted levels of performance described in section
116(b)(3), including how such provider will collect data to
report on such performance indicators;
(5) a description of how the eligible provider will fulfill
one-stop partner responsibilities as described in section
121(b)(1)(A), as appropriate;
(6) a description of how the eligible provider will provide
services in a manner that meets the needs of eligible
individuals; and
(7) information that addresses the considerations described
under section 231(e), as applicable.
SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
(a) In General.--Subject to subsection (b), of the amount
that is made available under this title to an eligible
provider--
(1) not less than 95 percent shall be expended for carrying
out adult education and literacy activities; and
(2) the remaining amount, not to exceed 5 percent, shall be
used for planning, administration (including carrying out the
requirements of section 116), professional development, and
the activities described in paragraphs (3) and (5) of section
232.
(b) Special Rule.--In cases where the cost limits described
in subsection (a) are too restrictive to allow for the
activities described in subsection (a)(2), the eligible
provider shall negotiate with the eligible agency in order to
determine an adequate level of funds to be used for
noninstructional purposes.
Subtitle D--General Provisions
SEC. 241. ADMINISTRATIVE PROVISIONS.
(a) Supplement Not Supplant.--Funds made available for
adult education and literacy activities under this title
shall supplement and not supplant other State or local public
funds expended for adult education and literacy activities.
(b) Maintenance of Effort.--
(1) In general.--
(A) Determination.--An eligible agency may receive funds
under this title for any fiscal year if the Secretary finds
that the fiscal effort per student or the aggregate
expenditures of such eligible agency for activities under
this title, in the second preceding fiscal year, were not
less than 90 percent of the fiscal effort per student or the
aggregate expenditures of such eligible agency for adult
education and literacy activities in the third preceding
fiscal year.
(B) Proportionate reduction.--Subject to paragraphs (2),
(3), and (4), for any fiscal year with respect to which the
Secretary determines under subparagraph (A) that the fiscal
effort or the aggregate expenditures of an eligible agency
for the preceding program year were less than such effort or
expenditures for the second preceding program year, the
Secretary--
(i) shall determine the percentage decreases in such effort
or in such expenditures; and
(ii) shall decrease the payment made under this title for
such program year to the agency for adult education and
literacy activities by the lesser of such percentages.
(2) Computation.--In computing the fiscal effort and
aggregate expenditures under paragraph (1), the Secretary
shall exclude capital expenditures and special one-time
project costs.
(3) Decrease in federal support.--If the amount made
available for adult education and literacy activities under
this title for a fiscal year is less than the amount made
available for adult education and literacy activities under
this title for the preceding fiscal year, then the fiscal
effort per student and the aggregate expenditures of an
eligible agency required in order to avoid a reduction under
paragraph (1)(B) shall be decreased by the same percentage as
the percentage decrease in the amount so made available.
[[Page H5937]]
(4) Waiver.--The Secretary may waive the requirements of
this subsection for not more than 1 fiscal year, if the
Secretary determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a
natural disaster or an unforeseen and precipitous decline in
the financial resources of the State or outlying area of the
eligible agency. If the Secretary grants a waiver under the
preceding sentence for a fiscal year, the level of effort
required under paragraph (1) shall not be reduced in the
subsequent fiscal year because of the waiver.
SEC. 242. NATIONAL LEADERSHIP ACTIVITIES.
(a) In General.--The Secretary shall establish and carry
out a program of national leadership activities to enhance
the quality and outcomes of adult education and literacy
activities and programs nationwide.
(b) Required Activities.--The national leadership
activities described in subsection (a) shall include
technical assistance, including--
(1) assistance to help States meet the requirements of
section 116;
(2) upon request by a State, assistance provided to
eligible providers in using performance accountability
measures based on indicators described in section 116, and
data systems for the improvement of adult education and
literacy activities;
(3) carrying out rigorous research and evaluation on
effective adult education and literacy activities, as well as
estimating the number of adults functioning at the lowest
levels of literacy proficiency, which shall be coordinated
across relevant Federal agencies, including the Institute of
Education Sciences; and
(4) carrying out an independent evaluation at least once
every 4 years of the programs and activities under this
title, taking into consideration the evaluation subjects
referred to in section 169(a)(2).
(c) Allowable Activities.--The national leadership
activities described in subsection (a) may include the
following:
(1) Technical assistance, including--
(A) assistance related to professional development
activities, and assistance for the purposes of developing,
improving, identifying, and disseminating the most successful
methods and techniques for providing adult education and
literacy activities, based on scientifically valid research
where available;
(B) assistance in distance education and promoting and
improving the use of technology in the classroom, including
instruction in English language acquisition for English
language learners;
(C) assistance in the development and dissemination of
proven models for addressing the digital literacy needs of
adults, including older adults; and
(D) supporting efforts aimed at strengthening programs at
the State and local levels, such as technical assistance in
program planning, assessment, evaluation, and monitoring of
activities carried out under this title.
(2) Funding national leadership activities either directly
or through grants, contracts, or cooperative agreements
awarded on a competitive basis to or with postsecondary
educational institutions, institutions of higher education,
public or private organizations or agencies (including public
libraries), or consortia of such institutions, organizations,
or agencies, which may include--
(A) developing, improving, and identifying the most
successful methods and techniques for addressing the
education needs of adults, including instructional practices
using the essential components of reading instruction based
on the work of the National Institute of Child Health and
Human Development;
(B) supporting national, regional, or local networks of
private nonprofit organizations, public libraries, or
institutions of higher education to strengthen the ability of
such networks' members to meet the performance requirements
described in section 116 of eligible providers;
(C) increasing the effectiveness, and improving the
quality, of adult education and literacy activities, which
may include--
(i) carrying out rigorous research;
(ii) carrying out demonstration programs;
(iii) accelerating learning outcomes for eligible
individuals with the lowest literacy levels;
(iv) developing and promoting career pathways for eligible
individuals;
(v) promoting concurrent enrollment programs in adult
education and credit bearing postsecondary coursework;
(vi) developing high-quality professional development
activities for eligible providers; and
(vii) developing, replicating, and disseminating
information on best practices and innovative programs, such
as--
(I) the identification of effective strategies for working
with adults with learning disabilities and with adults who
are English language learners;
(II) integrated education and training programs;
(III) workplace adult education and literacy activities;
and
(IV) postsecondary education and training transition
programs;
(D) providing for the conduct of an independent evaluation
and assessment of adult education and literacy activities
through grants and contracts awarded on a competitive basis,
which shall include descriptions of--
(i) the effect of performance accountability measures and
other measures of accountability on the delivery of adult
education and literacy activities;
(ii) the extent to which the adult education and literacy
activities increase the literacy skills of eligible
individuals, lead to involvement in education and training,
enhance the employment and earnings of such participants,
and, if applicable, lead to other positive outcomes, such as
success in re-entry and reductions in recidivism in the case
of prison-based adult education and literacy activities;
(iii) the extent to which the provision of support services
to eligible individuals enrolled in adult education and
literacy activities increase the rate of enrollment in, and
successful completion of, such programs; and
(iv) the extent to which different types of providers
measurably improve the skills of eligible individuals in
adult education and literacy activities;
(E) collecting data, such as data regarding the improvement
of both local and State data systems, through technical
assistance and development of model performance data
collection systems;
(F) determining how participation in adult education and
literacy activities prepares eligible individuals for entry
into postsecondary education and employment and, in the case
of programs carried out in correctional institutions, has an
effect on recidivism; and
(G) other activities designed to enhance the quality of
adult education and literacy activities nationwide.
SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
(a) In General.--From funds made available under section
211(a)(2) for each fiscal year, the Secretary shall award
grants to States, from allotments under subsection (b), for
integrated English literacy and civics education, in
combination with integrated education and training
activities.
(b) Allotment.--
(1) In general.--Subject to paragraph (2), from amounts
made available under section 211(a)(2) for a fiscal year, the
Secretary shall allocate--
(A) 65 percent to the States on the basis of a State's need
for integrated English literacy and civics education, as
determined by calculating each State's share of a 10-year
average of the data of the Office of Immigration Statistics
of the Department of Homeland Security for immigrants
admitted for legal permanent residence for the 10 most recent
years; and
(B) 35 percent to the States on the basis of whether the
State experienced growth, as measured by the average of the 3
most recent years for which the data of the Office of
Immigration Statistics of the Department of Homeland Security
for immigrants admitted for legal permanent residence are
available.
(2) Minimum.--No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
(c) Goal.--Each program that receives funding under this
section shall be designed to--
(1) prepare adults who are English language learners for,
and place such adults in, unsubsidized employment in in-
demand industries and occupations that lead to economic self-
sufficiency; and
(2) integrate with the local workforce development system
and its functions to carry out the activities of the program.
(d) Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate and make available to the
public, a report on the activities carried out under this
section.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is
amended by inserting ``service'' before ``offices''.
SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the terms `chief elected official', `institution of
higher education', `one-stop center', `one-stop partner',
`training services', `workforce development activity', and
`workplace learning advisor', have the meaning given the
terms in section 3 of the Workforce Innovation and
Opportunity Act;'';
(2) in paragraph (2)--
(A) by striking ``investment board'' each place it appears
and inserting ``development board''; and
(B) by striking ``section 117 of the Workforce Investment
Act of 1998'' and inserting ``section 107 of the Workforce
Innovation and Opportunity Act'';
(3) in paragraph (3)--
(A) by striking ``134(c)'' and inserting ``121(e)''; and
(B) by striking ``Workforce Investment Act of 1998'' and
inserting ``Workforce Innovation and Opportunity Act''; and
(4) in paragraph (4), by striking ``and'' at the end;
(5) in paragraph (5), by striking the period and inserting
``; and''; and
(6) by adding at the end the following:
``(6) the term `employment service office' means a local
office of a State agency; and
``(7) except in section 15, the term `State agency', used
without further description, means an agency designated or
authorized under section 4.''.
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) Coordination.--Section 3(a) of the Wagner-Peyser Act
(29 U.S.C. 49b(a)) is amended by striking ``services'' and
inserting ``service offices''.
(b) Public Labor Exchange Services System.--Section 3(c) of
the Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended--
(1) in paragraph (2), by striking the semicolon and
inserting ``, and identify and disseminate information on
best practices for such system; and''; and
[[Page H5938]]
(2) by adding at the end the following:
``(4) in coordination with the State agencies and the staff
of such agencies, assist in the planning and implementation
of activities to enhance the professional development and
career advancement opportunities of such staff, in order to
strengthen the provision of a broad range of career guidance
services, the identification of job openings (including
providing intensive outreach to small and medium-sized
employers and enhanced employer services), the provision of
technical assistance and training to other providers of
workforce development activities (including workplace
learning advisors) relating to counseling and employment-
related services, and the development of new strategies for
coordinating counseling and technology.''.
(c) One-stop Centers.--Section 3 of the Wagner-Peyser Act
(29 U.S.C. 49b) is amended by inserting after subsection (c)
the following:
``(d) In order to improve service delivery, avoid
duplication of services, and enhance coordination of
services, including location of staff to ensure access to
services under section 7(a) statewide in underserved areas,
employment service offices in each State shall be colocated
with one-stop centers.
``(e) The Secretary, in consultation with States, is
authorized to assist the States in the development of
national electronic tools that may be used to improve access
to workforce information for individuals through--
``(1) the one-stop delivery systems established as
described in section 121(e) of the Workforce Innovation and
Opportunity Act; and
``(2) such other delivery systems as the Secretary
determines to be appropriate.''.
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is
amended--
(1) in subsection (a), by striking ``amounts appropriated
pursuant to section 5'' and inserting ``funds appropriated
and (except for Guam) certified under section 5 and made
available for allotments under this section''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting before ``the Secretary'' the following
``after making the allotments required by subsection (a),'';
and
(ii) by striking ``sums'' and all that follows through
``this Act'' and inserting ``funds described in subsection
(a)'';
(B) in each of subparagraphs (A) and (B), by striking
``sums'' and inserting ``remainder''; and
(C) by adding at the end the following: ``For purposes of
this paragraph, the term `State' does not include Guam or the
Virgin Islands.''.
SEC. 305. USE OF SUMS.
(a) Improved Coordination.--Section 7(a)(1) of the Wagner-
Peyser Act (29 U.S.C. 49f(a)(1)) is amended by inserting ``,
including unemployment insurance claimants,'' after
``seekers''.
(b) Resources for Unemployment Insurance Claimants.--
Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C.
49f(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) in subparagraph (F)--
(A) by inserting ``, including making eligibility
assessments,'' after ``system''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by inserting after subparagraph (F) the following:
``(G) providing unemployment insurance claimants with
referrals to, and application assistance for, training and
education resources and programs, including Federal Pell
Grants under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq.), educational
assistance under chapter 30 of title 38, United States Code
(commonly referred to as the Montgomery GI Bill), and chapter
33 of that title (Post-9/11 Veterans Educational Assistance),
student assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.), State student higher
education assistance, and training and education programs
provided under titles I and II of the Workforce Innovation
and Opportunity Act, and title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.).''.
(c) State Activities.--Section 7(b) of the Wagner-Peyser
Act (29 U.S.C. 49f(b)) is amended--
(1) in paragraph (1), by striking ``performance standards
established by the Secretary'' and inserting ``the
performance accountability measures that are based on
indicators described in section 116(b)(2)(A)(i) of the
Workforce Innovation and Opportunity Act'';
(2) in paragraph (2), by inserting ``offices'' after
``employment service''; and
(3) in paragraph (3), by inserting ``, and models for
enhancing professional development and career advancement
opportunities of State agency staff, as described in section
3(c)(4)'' after ``subsection (a)''.
(d) Providing Additional Funds.--Subsections (c)(2) and (d)
of section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are
amended by striking ``the Workforce Investment Act of 1998''
and inserting ``the Workforce Innovation and Opportunity
Act''.
(e) Conforming Amendment.--Section 7(e) of the Wagner-
Peyser Act (29 U.S.C. 49f(e)) is amended by striking ``labor
employment statistics'' and inserting ``workforce and labor
market information''.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is
amended to read as follows:
``Sec. 8. Any State desiring to receive assistance under
section 6 shall prepare and submit to, and have approved by,
the Secretary and the Secretary of Education, a State plan in
accordance with section 102 or 103 of the Workforce
Innovation and Opportunity Act.''.
SEC. 307. PERFORMANCE MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a))
is amended to read as follows:
``(a) The activities carried out pursuant to section 7
shall be subject to the performance accountability measures
that are based on indicators described in section
116(b)(2)(A)(i) of the Workforce Innovation and Opportunity
Act.''.
SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
(a) Heading.--The section heading for section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking
``EMPLOYMENT STATISTICS'' and inserting ``WORKFORCE AND LABOR
MARKET INFORMATION SYSTEM''.
(b) Name of System.--Section 15(a)(1) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(a)(1)) is amended by striking
``employment statistics system of employment statistics'' and
inserting ``workforce and labor market information system''.
(c) System Responsibilities.--Section 15(b) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Structure.--The workforce and labor market
information system described in subsection (a) shall be
evaluated and improved by the Secretary, in consultation with
the Workforce Information Advisory Council established in
subsection (d).
``(B) Grants and responsibilities.--
``(i) In general.--The Secretary shall carry out the
provisions of this section in a timely manner, through grants
to or agreements with States.
``(ii) Distribution of funds.--Using amounts appropriated
under subsection (g), the Secretary shall provide funds
through those grants and agreements. In distributing the
funds (relating to workforce and labor market information
funding) for fiscal years 2015 through 2020, the Secretary
shall continue to distribute the funds to States in the
manner in which the Secretary distributed funds to the States
under this section for fiscal years 2004 through 2008.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of workforce and
labor market information for the system, shall carry out the
following duties:
``(A) Assign responsibilities within the Department of
Labor for elements of the workforce and labor market
information system described in subsection (a) to ensure that
the statistical and administrative data collected is
consistent with appropriate Bureau of Labor Statistics
standards and definitions, and that the information is
accessible and understandable to users of such data.
``(B) Actively seek the cooperation of heads of other
Federal agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the
development and operation of statistical and administrative
data collection activities.
``(C) Solicit, receive, and evaluate the recommendations
from the Workforce Information Advisory Council established
in subsection (d) concerning the evaluation and improvement
of the workforce and labor market information system
described in subsection (a) and respond in writing to the
Council regarding the recommendations.
``(D) Eliminate gaps and duplication in statistical
undertakings.
``(E) Through the Bureau of Labor Statistics and the
Employment and Training Administration, and in collaboration
with States, develop and maintain the elements of the
workforce and labor market information system described in
subsection (a), including the development of consistent
procedures and definitions for use by the States in
collecting the data and information described in
subparagraphs (A) and (B) of subsection (a)(1).
``(F) Establish procedures for the system to ensure that--
``(i) such data and information are timely; and
``(ii) paperwork and reporting for the system are reduced
to a minimum.''.
(d) Two-year Plan.--Section 15 of the Wagner-Peyser Act (29
U.S.C. 49l-2) is amended by striking subsection (c) and
inserting the following:
``(c) Two-year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary
for Employment and Training, and in consultation with the
Workforce Information Advisory Council described in
subsection (d) and heads of other appropriate Federal
agencies, shall prepare a 2-year plan for the workforce and
labor market information system. The plan shall be developed
and implemented in a manner that takes into account the
activities described in State plans submitted by States under
section 102 or 103 of the Workforce Innovation and
Opportunity Act and shall be submitted to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate. The plan shall include--
``(1) a description of how the Secretary will work with the
States to manage the nationwide workforce and labor market
information system described in subsection (a) and the
statewide workforce and labor market information systems that
comprise the nationwide system;
``(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
``(3) an evaluation of the performance of the system, with
particular attention to the improvements needed at the State
and local levels;
``(4) a description of the involvement of States in the
development of the plan, through consultation by the
Secretary with the Workforce
[[Page H5939]]
Information Advisory Council in accordance with subsection
(d); and
``(5) a description of the written recommendations received
from the Workforce Information Advisory Council established
under subsection (d), and the extent to which those
recommendations were incorporated into the plan.''.
(e) Workforce Information Advisory Council.--Section 15 of
the Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by
striking subsection (d) and inserting the following:
``(d) Workforce Information Advisory Council.--
``(1) In general.--The Secretary, through the Commissioner
of Labor Statistics and the Assistant Secretary for
Employment and Training, shall formally consult at least
twice annually with the Workforce Information Advisory
Council established in accordance with paragraph (2). Such
consultations shall address the evaluation and improvement of
the nationwide workforce and labor market information system
described in subsection (a) and the statewide workforce and
labor market information systems that comprise the nationwide
system and how the Department of Labor and the States will
cooperate in the management of such systems. The Council
shall provide written recommendations to the Secretary
concerning the evaluation and improvement of the nationwide
system, including any recommendations regarding the 2-year
plan described in subsection (c).
``(2) Establishment of council.--
``(A) Establishment.--The Secretary shall establish an
advisory council that shall be known as the Workforce
Information Advisory Council (referred to in this section as
the `Council') to participate in the consultations and
provide the recommendations described in paragraph (1).
``(B) Membership.--The Secretary shall appoint the members
of the Council, which shall consist of--
``(i) 4 members who are representatives of lead State
agencies with responsibility for workforce investment
activities, or State agencies described in section 4, who
have been nominated by such agencies or by a national
organization that represents such agencies;
``(ii) 4 members who are representatives of the State
workforce and labor market information directors affiliated
with the State agencies that perform the duties described in
subsection (e)(2), who have been nominated by the directors;
``(iii) 1 member who is a representative of providers of
training services under section 122 of the Workforce
Innovation and Opportunity Act;
``(iv) 1 member who is a representative of economic
development entities;
``(v) 1 member who is a representative of businesses, who
has been nominated by national business organizations or
trade associations;
``(vi) 1 member who is a representative of labor
organizations, who has been nominated by a national labor
federation;
``(vii) 1 member who is a representative of local workforce
development boards, who has been nominated by a national
organization representing such boards; and
``(viii) 1 member who is a representative of research
entities that utilize workforce and labor market information.
``(C) Geographic diversity.--The Secretary shall ensure
that the membership of the Council is geographically diverse
and that no 2 of the members appointed under clauses (i),
(ii), and (vii) represent the same State.
``(D) Period of appointment; vacancies.--
``(i) In general.--Each member of the Council shall be
appointed for a term of 3 years, except that the initial
terms for members may be 1, 2, or 3 years in order to
establish a rotation in which one-third of the members are
selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(ii) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(E) Travel expenses.--The members of the Council shall
not receive compensation for the performance of services for
the Council, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Council. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated services of members of the Council.
``(F) Permanent council.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.''.
(f) State Responsibilities.--Section 15(e) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(e)) is amended--
(1) by striking ``employment statistics'' each place it
appears and inserting ``workforce and labor market
information'';
(2) in paragraph (1)(A) by striking ``annual plan'' and
inserting ``plan described in subsection (c)'';
(3) in paragraph (2)--
(A) in subparagraph (G), by inserting ``and'' at the end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ``section 136(f)(2) of
the Workforce Investment Act of 1998'' and inserting
``section 116(i)(2) of the Workforce Innovation and
Opportunity Act''; and
(D) by redesignating subparagraph (I) as subparagraph (H).
(g) Authorization of Appropriations.--Section 15(g) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(g)) is amended by striking
``such sums as may be necessary for each of the fiscal years
1999 through 2004'' and inserting ``$60,153,000 for fiscal
year 2015, $64,799,000 for fiscal year 2016, $66,144,000 for
fiscal year 2017, $67,611,000 for fiscal year 2018,
$69,200,000 for fiscal year 2019, and $70,667,000 for fiscal
year 2020''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the amendment or
repeal shall be considered to be made to a provision of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) Findings.--Section 2(a) (29 U.S.C. 701(a)) is amended--
(1) in paragraph (4), by striking ``workforce investment
systems under title I of the Workforce Investment Act of
1998'' and inserting ``workforce development systems defined
in section 3 of the Workforce Innovation and Opportunity
Act'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(7)(A) a high proportion of students with disabilities is
leaving secondary education without being employed in
competitive integrated employment, or being enrolled in
postsecondary education; and
``(B) there is a substantial need to support such students
as they transition from school to postsecondary life.''.
(b) Purpose.--Section 2(b) (29 U.S.C. 701(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``workforce investment
systems implemented in accordance with title I of the
Workforce Investment Act of 1998'' and inserting ``workforce
development systems defined in section 3 of the Workforce
Innovation and Opportunity Act''; and
(B) at the end of subparagraph (F), by striking ``and'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) to maximize opportunities for individuals with
disabilities, including individuals with significant
disabilities, for competitive integrated employment;'';
(4) in paragraph (3), as redesignated by paragraph (2), by
striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(4) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful input by employers and vocational
rehabilitation service providers on successful and
prospective employment and placement strategies; and
``(5) to ensure, to the greatest extent possible, that
youth with disabilities and students with disabilities who
are transitioning from receipt of special education services
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) and receipt of services under section
504 of this Act have opportunities for postsecondary
success.''.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``in the Department
of Education'' after ``Secretary'';
(B) by striking the second sentence and inserting ``Such
Administration shall be the principal agency, and the
Commissioner shall be the principal officer, of the
Department for purposes of carrying out titles I, III, VI,
and chapter 2 of title VII.''; and
(C) in the fourth and sixth sentences, by inserting ``of
Education'' after ``Secretary'' the first place it appears;
and
(2) in subsection (b), by inserting ``of Education'' after
``Secretary''.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended--
(1) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the semicolon and inserting
``; and''; and
(C) by adding at the end the following:
``(v) to the maximum extent possible, relies on information
obtained from experiences in integrated employment settings
in the community, and other integrated community settings;'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Assistive technology terms.--
``(A) Assistive technology.--The term `assistive
technology' has the meaning given such term in section 3 of
the Assistive Technology Act of 1998 (29 U.S.C. 3002).
``(B) Assistive technology device.--The term `assistive
technology device' has the meaning given such term in section
3 of the Assistive Technology Act of 1998, except that the
reference in such section to the term `individuals with
disabilities' shall be deemed to mean more than 1 individual
with a disability as defined in paragraph (20)(A)).
``(C) Assistive technology service.--The term `assistive
technology service' has the meaning given such term in
section 3 of the Assistive Technology Act of 1998, except
that the reference in such section--
``(i) to the term `individual with a disability' shall be
deemed to mean an individual with a disability, as defined in
paragraph (20)(A); and
``(ii) to the term `individuals with disabilities' shall be
deemed to mean more than 1 such individual.'';
[[Page H5940]]
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as redesignated by paragraph (3)--
(A) by redesignating subparagraphs (O) through (Q) as
subparagraphs (P) through (R), respectively;
(B) by inserting after subparagraph (N) the following:
``(O) customized employment;''; and
(C) in subparagraph (R), as redesignated by subparagraph
(A) of this paragraph, by striking ``(P)'' and inserting
``(Q)'';
(5) by inserting before paragraph (6) the following:
``(5) Competitive integrated employment.--The term
`competitive integrated employment' means work that is
performed on a full-time or part-time basis (including self-
employment)--
``(A) for which an individual--
``(i) is compensated at a rate that--
``(I)(aa) shall be not less than the higher of the rate
specified in section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the
applicable State or local minimum wage law; and
``(bb) is not less than the customary rate paid by the
employer for the same or similar work performed by other
employees who are not individuals with disabilities, and who
are similarly situated in similar occupations by the same
employer and who have similar training, experience, and
skills; or
``(II) in the case of an individual who is self-employed,
yields an income that is comparable to the income received by
other individuals who are not individuals with disabilities,
and who are self-employed in similar occupations or on
similar tasks and who have similar training, experience, and
skills; and
``(ii) is eligible for the level of benefits provided to
other employees;
``(B) that is at a location where the employee interacts
with other persons who are not individuals with disabilities
(not including supervisory personnel or individuals who are
providing services to such employee) to the same extent that
individuals who are not individuals with disabilities and who
are in comparable positions interact with other persons; and
``(C) that, as appropriate, presents opportunities for
advancement that are similar to those for other employees who
are not individuals with disabilities and who have similar
positions.'';
(6) in paragraph (6)(B), by striking ``includes'' and all
that follows through ``fees'' and inserting ``includes
architects' fees'';
(7) by inserting after paragraph (6) the following:
``(7) Customized employment.--The term `customized
employment' means competitive integrated employment, for an
individual with a significant disability, that is based on an
individualized determination of the strengths, needs, and
interests of the individual with a significant disability, is
designed to meet the specific abilities of the individual
with a significant disability and the business needs of the
employer, and is carried out through flexible strategies,
such as--
``(A) job exploration by the individual;
``(B) working with an employer to facilitate placement,
including--
``(i) customizing a job description based on current
employer needs or on previously unidentified and unmet
employer needs;
``(ii) developing a set of job duties, a work schedule and
job arrangement, and specifics of supervision (including
performance evaluation and review), and determining a job
location;
``(iii) representation by a professional chosen by the
individual, or self-representation of the individual, in
working with an employer to facilitate placement; and
``(iv) providing services and supports at the job
location.'';
(8) in paragraph (11)--
(A) in subparagraph (C)--
(i) by inserting ``of Education'' after ``Secretary''; and
(ii) by inserting ``customized employment,'' before ``self-
employment,'';
(9) in paragraph (12), by inserting ``of Education'' after
``Secretary'' each place it appears;
(10) in paragraph (14)(C), by inserting ``of Education''
after ``Secretary'';
(11) in paragraph (17)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) services that--
``(i) facilitate the transition of individuals with
significant disabilities from nursing homes and other
institutions to home and community-based residences, with the
requisite supports and services;
``(ii) provide assistance to individuals with significant
disabilities who are at risk of entering institutions so that
the individuals may remain in the community; and
``(iii) facilitate the transition of youth who are
individuals with significant disabilities, who were eligible
for individualized education programs under section 614(d) of
the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)), and who have completed their secondary education or
otherwise left school, to postsecondary life.'';
(12) in paragraph (18), by striking ``term'' and all that
follows through ``includes--'' and inserting ``term
`independent living services' includes--'';
(13) in paragraph (19)--
(A) in subparagraph (A), by inserting before the period the
following: ``and includes a Native and a descendant of a
Native, as such terms are defined in subsections (b) and (r)
of section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)''; and
(B) in subparagraph (B), by inserting before the period the
following: ``and a tribal organization (as defined in section
4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l)))'';
(14) in paragraph (23), by striking ``section 101'' and
inserting ``section 102'';
(15) by striking paragraph (25) and inserting the
following:
``(25) Local workforce development board.--The term `local
workforce development board' means a local board, as defined
in section 3 of the Workforce Innovation and Opportunity
Act.'';
(16) by striking paragraph (37);
(17) by redesignating paragraphs (29) through (39) as
paragraphs (31) through (36), and (38) through (41),
respectively;
(18) by inserting after paragraph (28) the following:
``(30) Pre-employment transition services.--The term `pre-
employment transition services' means services provided in
accordance with section 113.'';
(19) by striking paragraph (33), as redesignated by
paragraph (17), and inserting the following:
``(33) Secretary.--Unless where the context otherwise
requires, the term `Secretary'--
``(A) used in title I, III, IV, V, VI, or chapter 2 of
title VII, means the Secretary of Education; and
``(B) used in title II or chapter 1 of title VII, means the
Secretary of Health and Human Services.'';
(20) by striking paragraphs (35) and (36), as redesignated
by paragraph (17), and inserting the following:
``(35) State workforce development board.--The term `State
workforce development board' means a State board, as defined
in section 3 of the Workforce Innovation and Opportunity Act.
``(36) Statewide workforce development system.--The term
`statewide workforce development system' means a workforce
development system, as defined in section 3 of the Workforce
Innovation and Opportunity Act.'';
(21) by inserting after that paragraph (36) the following:
``(37) Student with a disability.--
``(A) In general.--The term `student with a disability'
means an individual with a disability who--
``(i)(I)(aa) is not younger than the earliest age for the
provision of transition services under section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or
``(bb) if the State involved elects to use a lower minimum
age for receipt of pre-employment transition services under
this Act, is not younger than that minimum age; and
``(II)(aa) is not older than 21 years of age; or
``(bb) if the State law for the State provides for a higher
maximum age for receipt of services under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), is
not older than that maximum age; and
``(ii)(I) is eligible for, and receiving, special education
or related services under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for purposes of
section 504.
``(B) Students with disabilities.--The term `students with
disabilities' means more than 1 student with a disability.'';
(22) by striking paragraphs (38) and (39), as redesignated
by paragraph (17), and inserting the following:
``(38) Supported employment.--The term `supported
employment' means competitive integrated employment,
including customized employment, or employment in an
integrated work setting in which individuals are working on a
short-term basis toward competitive integrated employment,
that is individualized and customized consistent with the
strengths, abilities, interests, and informed choice of the
individuals involved, for individuals with the most
significant disabilities--
``(A)(i) for whom competitive integrated employment has not
historically occurred; or
``(ii) for whom competitive integrated employment has been
interrupted or intermittent as a result of a significant
disability; and
``(B) who, because of the nature and severity of their
disability, need intensive supported employment services and
extended services after the transition described in paragraph
(13)(C), in order to perform the work involved.
``(39) Supported employment services.--The term `supported
employment services' means ongoing support services,
including customized employment, needed to support and
maintain an individual with a most significant disability in
supported employment, that--
``(A) are provided singly or in combination and are
organized and made available in such a way as to assist an
eligible individual to achieve competitive integrated
employment;
``(B) are based on a determination of the needs of an
eligible individual, as specified in an individualized plan
for employment; and
``(C) are provided by the designated State unit for a
period of not more than 24 months, except that period may be
extended, if necessary, in order to achieve the employment
outcome identified in the individualized plan for
employment.'';
(23) in paragraph (41), as redesignated by paragraph (17),
by striking ``as defined in section 101 of the Workforce
Investment Act of 1998'' and inserting ``as defined in
section 3 of the Workforce Innovation and Opportunity Act'';
and
(24) by inserting after paragraph (41), as redesignated by
paragraph (17), the following:
``(42) Youth with a disability.--
``(A) In general.--The term `youth with a disability' means
an individual with a disability who--
[[Page H5941]]
``(i) is not younger than 14 years of age; and
``(ii) is not older than 24 years of age.
``(B) Youth with disabilities.--The term `youth with
disabilities' means more than 1 youth with a disability.''.
SEC. 405. ADMINISTRATION OF THE ACT.
(a) Promulgation.--Section 8(a)(2) (29 U.S.C. 706(a)(2))
is amended by inserting ``of Education'' after ``Secretary''.
(b) Privacy.--Section 11 (29 U.S.C. 708) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following:
``(b) Section 501 of the Workforce Innovation and
Opportunity Act shall apply, as specified in that section, to
amendments to this Act that were made by the Workforce
Innovation and Opportunity Act.''.
(c) Administration.--Section 12 (29 U.S.C. 709) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1)'' and inserting ``(1)(A)''; and
(ii) by adding at the end the following:
``(B) provide technical assistance to the designated State
units on developing successful partnerships with local and
multi-State businesses in an effort to increase the
employment of individuals with disabilities;
``(C) provide technical assistance to providers and
organizations on developing self-employment opportunities and
outcomes for individuals with disabilities; and
``(D) provide technical assistance to entities carrying out
community rehabilitation programs to build their internal
capacity to provide individualized services and supports
leading to competitive integrated employment, and to
transition individuals with disabilities away from
nonintegrated settings;''; and
(B) in paragraph (2), by striking ``, centers for
independent living,'';
(2) in subsection (c), by striking ``Commissioner'' the
first place it appears and inserting ``Secretary of
Education'';
(3) in subsection (d), by inserting ``of Education'' after
``Secretary'';
(4) in subsection (e)--
(A) by striking ``Rehabilitation Act Amendments of 1998''
each place it appears and inserting ``Workforce Innovation
and Opportunity Act''; and
(B) by inserting ``of Education'' after ``Secretary'';
(5) in subsection (f), by inserting ``of Education'' after
``Secretary'';
(6)(A) in subsection (c), by striking ``(c)'' and inserting
``(c)(1)'';
(B) in subsection (d), by striking ``(d)'' and inserting
``(d)(1)'';
(C) in subsection (e), by striking ``(e)'' and inserting
``(2)'';
(D) in subsection (f), by striking ``(f)'' and inserting
``(2)''; and
(E) by moving paragraph (2) (as redesignated by
subparagraph (D)) to the end of subsection (c); and
(7) by inserting after subsection (d) the following:
``(e)(1) The Administrator of the Administration for
Community Living (referred to in this subsection as the
`Administrator') may carry out the authorities and shall
carry out the responsibilities of the Commissioner described
in paragraphs (1)(A) and (2) through (4) of subsection (a),
and subsection (b), except that, for purposes of applying
subsections (a) and (b), a reference in those subsections--
``(A) to facilitating meaningful and effective
participation shall be considered to be a reference to
facilitating meaningful and effective collaboration with
independent living programs, and promoting a philosophy of
independent living for individuals with disabilities in
community activities; and
``(B) to training for personnel shall be considered to be a
reference to training for the personnel of centers for
independent living and Statewide Independent Living Councils.
``(2) The Secretary of Health and Human Services may carry
out the authorities and shall carry out the responsibilities
of the Secretary of Education described in subsections (c)
and (d).
``(f)(1) In subsections (a) through (d), a reference to
`this Act' means a provision of this Act that the Secretary
of Education has authority to carry out; and
``(2) In subsection (e), for purposes of applying
subsections (a) through (d), a reference in those subsections
to `this Act' means a provision of this Act that the
Secretary of Health and Human Services has authority to carry
out.''.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 710) is amended--
(1) in section (c)--
(A) by striking ``(c)'' and inserting ``(c)(1)''; and
(B) in the second sentence, by striking ``section 136(d) of
the Workforce Investment Act of 1998'' and inserting
``section 116(d)(2) of the Workforce Innovation and
Opportunity Act''; and
(2) by adding at the end the following:
``(d) The Commissioner shall ensure that the report
described in this section is made publicly available in a
timely manner, including through electronic means, in order
to inform the public about the administration and performance
of programs under this Act.''.
SEC. 407. EVALUATION AND INFORMATION.
(a) Evaluation.--Section 14 (29 U.S.C. 711) is amended--
(1) by inserting ``of Education'' after ``Secretary'' each
place it appears;
(2) in subsection (f)(2), by inserting ``competitive''
before ``integrated employment'';
(3)(A) in subsection (b), by striking ``(b)'' and inserting
``(b)(1)'';
(B) in subsection (c), by striking ``(c)'' and inserting
``(2)'';
(C) in subsection (d), by striking ``(d)'' and inserting
``(3)''; and
(D) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively;
(4) by inserting after subsection (d), as redesignated by
paragraph (3)(D), the following:
``(e)(1) The Secretary of Health and Human Services may
carry out the authorities and shall carry out the
responsibilities of the Secretary of Education described in
subsections (a) and (b).
``(2) The Administrator of the Administration for Community
Living may carry out the authorities and shall carry out the
responsibilities of the Commissioner described in subsections
(a) and (d)(1), except that, for purposes of applying those
subsections, a reference in those subsections to exemplary
practices shall be considered to be a reference to exemplary
practices concerning independent living services and centers
for independent living.
``(f)(1) In subsections (a) through (d), a reference to
`this Act' means a provision of this Act that the Secretary
of Education has authority to carry out; and
``(2) In subsection (e), for purposes of applying
subsections (a), (b), and (d), a reference in those
subsections to `this Act' means a provision of this Act that
the Secretary of Health and Human Services has authority to
carry out.''.
(b) Information.--Section 15 (29 U.S.C. 712) is amended--
(1) in subsection (a)--
(A) by inserting ``of Education'' after ``Secretary'' each
place it appears; and
(B) in paragraph (1), by striking ``State workforce
investment boards'' and inserting ``State workforce
development boards''; and
(2) in subsection (b), by striking ``Secretary'' and
inserting ``Secretary of Education''.
SEC. 408. CARRYOVER.
Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by
striking ``part B of title VI'' and inserting ``title VI''.
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``racial'' and
inserting ``demographic'';
(ii) in the second sentence--
(I) by striking ``rate of increase'' the first place it
appears and inserting ``percentage increase from 2000 to
2010'';
(II) by striking ``is 3.2'' and inserting ``was 9.7'';
(III) by striking ``rate of increase'' and inserting
``percentage increase'';
(IV) by striking ``is much'' and inserting ``was much'';
(V) by striking ``38.6'' and inserting ``43.0'';
(VI) by striking ``14.6'' and inserting ``12.3'';
(VII) by striking ``40.1'' and inserting ``43.2''; and
(VIII) by striking ``and other ethnic groups''; and
(iii) by striking the last sentence; and
(B) in paragraph (2), by striking the second and third
sentences and inserting the following: ``In 2011--
``(A) among Americans ages 16 through 64, the rate of
disability was 12.1 percent;
``(B) among African-Americans in that age range, the
disability rate was more than twice as high, at 27.1 percent;
and
``(C) for American Indians and Alaska Natives in the same
age range, the disability rate was also more than twice as
high, at 27.0 percent.'';
(2) in subsection (b)(1), by striking ``National Institute
on Disability and Rehabilitation Research'' and inserting
``National Institute on Disability, Independent Living, and
Rehabilitation Research''; and
(3) in subsection (c), by striking ``Director'' and
inserting ``Director of the National Institute on Disability,
Independent Living, and Rehabilitation Research''.
Subtitle B--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF
APPROPRIATIONS.
(a) Findings; Purpose; Policy.--Section 100(a) (29 U.S.C.
720(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``integrated'' and
inserting ``competitive integrated employment'';
(B) in subparagraph (D)(iii), by striking ``medicare and
medicaid'' and inserting ``Medicare and Medicaid'';
(C) in subparagraph (F), by striking ``investment'' and
inserting ``development''; and
(D) in subparagraph (G)--
(i) by striking ``workforce investment systems'' and
inserting ``workforce development systems''; and
(ii) by striking ``workforce investment activities'' and
inserting ``workforce development activities'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``workforce investment
system'' and inserting ``workforce development system''; and
(B) in subparagraph (B), by striking ``and informed
choice,'' and inserting ``informed choice, and economic self-
sufficiency,''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``gainful employment
in integrated settings'' and inserting ``competitive
integrated employment''; and
(B) in subparagraph (E), by inserting ``should'' before
``facilitate''.
(b) Authorization of Appropriations.--Section 100(b)(1) (29
U.S.C. 720(b)(1)) is amended by striking ``such sums as may
be necessary for fiscal years 1999 through 2003'' and
inserting ``$3,302,053,000 for each of the fiscal years 2015
through 2020''.
SEC. 412. STATE PLANS.
(a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a))
is amended--
[[Page H5942]]
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to participate'' and
all that follows and inserting ``to receive funds under this
title for a fiscal year, a State shall submit, and have
approved by the Secretary and the Secretary of Labor, a
unified State plan in accordance with section 102, or a
combined State plan in accordance with section 103, of the
Workforce Innovation and Opportunity Act. The unified or
combined State plan shall include, in the portion of the plan
described in section 102(b)(2)(D) of such Act (referred to in
this subsection as the `vocational rehabilitation services
portion'), the provisions of a State plan for vocational
rehabilitation services, described in this subsection.''; and
(B) in subparagraph (B)--
(i) by striking ``in the State plan for vocational
rehabilitation services,'' and inserting ``as part of the
vocational rehabilitation services portion of the unified or
combined State plan submitted in accordance with subparagraph
(A),''; and
(ii) by striking ``Rehabilitation Act Amendments of 1998''
and inserting ``Workforce Innovation and Opportunity Act'';
and
(C) in subparagraph (C)--
(i) by striking ``The State plan shall remain in effect
subject to the submission of such modifications'' and
inserting ``The vocational rehabilitation services portion of
the unified or combined State plan submitted in accordance
with subparagraph (A) shall remain in effect until the State
submits and receives approval of a new State plan in
accordance with subparagraph (A), or until the submission of
such modifications''; and
(ii) by striking ``, until the State submits and receives
approval of a new State plan'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``The State plan'' and
inserting ``The State plan for vocational rehabilitation
services''; and
(B) in subparagraph (B)(ii)--
(i) in subclause (II), by inserting ``who is responsible
for the day-to-day operation of the vocational rehabilitation
program'' before the semicolon;
(ii) in subclause (III), by striking ``and'' at the end;
(iii) in subclause (IV), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(V) has the sole authority and responsibility within the
designated State agency described in subparagraph (A) to
expend funds made available under this title in a manner that
is consistent with the purposes of this title.'';
(3) in paragraph (5)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) notwithstanding subparagraph (C), permit the State,
in its discretion, to elect to serve eligible individuals
(whether or not receiving vocational rehabilitation services)
who require specific services or equipment to maintain
employment; and'';
(4) in paragraph (7)--
(A) in subparagraph (A)(v)--
(i) in subclause (I), after ``rehabilitation technology''
insert the following: ``, including training implemented in
coordination with entities carrying out State programs under
section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003)''; and
(ii) in subclause (II), by striking ``Rehabilitation Act
Amendments of 1998'' and inserting ``Workforce Innovation and
Opportunity Act''; and
(B) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) the establishment and maintenance of education and
experience requirements, to ensure that the personnel have a
21st century understanding of the evolving labor force and
the needs of individuals with disabilities, including
requirements for--
``(I)(aa) attainment of a baccalaureate degree in a field
of study reasonably related to vocational rehabilitation, to
indicate a level of competency and skill demonstrating basic
preparation in a field of study such as vocational
rehabilitation counseling, social work, psychology,
disability studies, business administration, human resources,
special education, supported employment, customized
employment, economics, or another field that reasonably
prepares individuals to work with consumers and employers;
and
``(bb) demonstrated paid or unpaid experience, for not less
than 1 year, consisting of--
``(AA) direct work with individuals with disabilities in a
setting such as an independent living center;
``(BB) direct service or advocacy activities that provide
such individual with experience and skills in working with
individuals with disabilities; or
``(CC) direct experience as an employer, as a small
business owner or operator, or in self-employment, or other
experience in human resources, recruitment, or experience in
supervising employees, training, or other activities that
provide experience in competitive integrated employment
environments; or
``(II) attainment of a master's or doctoral degree in a
field of study such as vocational rehabilitation counseling,
law, social work, psychology, disability studies, business
administration, human resources, special education,
management, public administration, or another field that
reasonably provides competence in the employment sector, in a
disability field, or in both business-related and
rehabilitation-related fields; and'';
(5) in paragraph (8)--
(A) in subparagraph (A)(i)--
(i) by inserting ``an accommodation or auxiliary aid or
service or'' after ``prior to providing''; and
(ii) by striking ``(5)(D)'' and inserting ``(5)(E)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``medicaid'' and inserting ``Medicaid'';
(II) by striking ``workforce investment system'' and
inserting ``workforce development system'';
(III) by striking ``(5)(D)'' and inserting ``(5)(E)'';
(IV) by inserting ``and, if appropriate, accommodations or
auxiliary aids and services,'' before ``that are included'';
and
(V) by striking ``provision of such vocational
rehabilitation services'' and inserting ``provision of such
vocational rehabilitation services (including, if
appropriate, accommodations or auxiliary aids and
services)''; and
(ii) in clause (iv)--
(I) by striking ``(5)(D)'' and inserting ``(5)(E)''; and
(II) by inserting ``, and accommodations or auxiliary aids
and services'' before the period; and
(C) in subparagraph (C)(i), by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(6) in paragraph (10)--
(A) in subparagraph (B), by striking ``annual'' and all
that follows through ``of 1998'' and inserting ``annual
reporting of information, on eligible individuals receiving
the services, that is necessary to assess the State's
performance on the standards and indicators described in
section 106(a)'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by inserting ``,
from each State,'' after ``additional data'';
(ii) by striking clause (i) and inserting:
``(i) the number of applicants and the number of
individuals determined to be eligible or ineligible for the
program carried out under this title, including the number of
individuals determined to be ineligible (disaggregated by
type of disability and age);'';
(iii) in clause (ii)--
(I) in subclause (I), by striking ``(5)(D)'' and inserting
``(5)(E)'';
(II) in subclause (II), by striking ``and'' at the end; and
(III) by adding at the end the following:
``(IV) the number of individuals with open cases
(disaggregated by those who are receiving training and those
who are in postsecondary education), and the type of services
the individuals are receiving (including supported
employment);
``(V) the number of students with disabilities who are
receiving pre-employment transition services under this
title: and
``(VI) the number of individuals referred to State
vocational rehabilitation programs by one-stop operators (as
defined in section 3 of the Workforce Innovation and
Opportunity Act), and the number of individuals referred to
such one-stop operators by State vocational rehabilitation
programs;''; and
(iv) in clause (iv)(I), by inserting before the semicolon
the following: ``and, for those who achieved employment
outcomes, the average length of time to obtain employment'';
(C) in subparagraph (D)(i), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting ``title I of
the Workforce Innovation and Opportunity Act'';
(D) in subparagraph (E)(ii), by striking ``of the State''
and all that follows and inserting ``of the State in meeting
the standards and indicators established pursuant to section
106.''; and
(E) by adding at the end the following:
``(G) Rules for reporting of data.--The disaggregation of
data under this Act shall not be required within a category
if the number of individuals in a category is insufficient to
yield statistically reliable information, or if the results
would reveal personally identifiable information about an
individual.
``(H) Comprehensive report.--The State plan shall specify
that the Commissioner will provide an annual comprehensive
report that includes the reports and data required under this
section, as well as a summary of the reports and data, for
each fiscal year. The Commissioner shall submit the report to
the Committee on Education and the Workforce of the House of
Representatives, the Committee on Appropriations of the House
of Representatives, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Appropriations of the Senate, not later than 90 days after
the end of the fiscal year involved.'';
(7) in paragraph (11)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking ``workforce
investment systems'' and inserting ``workforce development
systems'';
(ii) in the matter preceding clause (i), by striking
``workforce investment system'' and inserting ``workforce
development system'';
(iii) in clause (i)(II)--
(I) by striking ``investment'' and inserting
``development''; and
(II) by inserting ``(including programmatic accessibility
and physical accessibility)'' after ``program
accessibility'';
(iv) in clause (ii), by striking ``workforce investment
system'' and inserting ``workforce development system''; and
(v) in clause (v), by striking ``workforce investment
system'' and inserting ``workforce development system'';
(B) in subparagraph (B), by striking ``workforce investment
system'' and inserting ``workforce development system'';
(C) in subparagraph (C)--
(i) by inserting ``the State programs carried out under
section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003),'' after ``including'';
(ii) by inserting ``, noneducational agencies serving out-
of-school youth,'' after ``Agriculture''; and
[[Page H5943]]
(iii) by striking ``such agencies and programs'' and
inserting ``such Federal, State, and local agencies and
programs''; and
(iv) by striking ``workforce investment system'' and
inserting ``workforce development system'';
(D) in subparagraph (D)--
(i) in the matter preceding clause (i), by inserting ``,
including pre-employment transition services,'' before
``under this title'';
(ii) in clause (i), by inserting ``, which may be provided
using alternative means for meeting participation (such as
video conferences and conference calls),'' after
``consultation and technical assistance''; and
(iii) in clause (ii), by striking ``completion'' and
inserting ``implementation'';
(E) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(F) by inserting after subparagraph (D) the following:
``(E) Coordination with employers.--The State plan shall
describe how the designated State unit will work with
employers to identify competitive integrated employment
opportunities and career exploration opportunities, in order
to facilitate the provision of--
``(i) vocational rehabilitation services; and
``(ii) transition services for youth with disabilities and
students with disabilities, such as pre-employment transition
services.'';
(G) in subparagraph (F), as redesignated by subparagraph
(E) of this paragraph--
(i) by inserting ``chapter 1 of'' after ``part C of''; and
(ii) by inserting ``, as appropriate'' before the period;
(H) by inserting after subparagraph (F), as redesignated by
subparagraph (E) of this paragraph, the following:
``(G) Cooperative agreement regarding individuals eligible
for home and community-based waiver programs.--The State plan
shall include an assurance that the designated State unit has
entered into a formal cooperative agreement with the State
agency responsible for administering the State Medicaid plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) and the State agency with primary responsibility for
providing services and supports for individuals with
intellectual disabilities and individuals with developmental
disabilities, with respect to the delivery of vocational
rehabilitation services, including extended services, for
individuals with the most significant disabilities who have
been determined to be eligible for home and community-based
services under a Medicaid waiver, Medicaid State plan
amendment, or other authority related to a State Medicaid
program.'';
(I) in subparagraph (H), as redesignated by subparagraph
(E) of this paragraph--
(i) in clause (ii)--
(I) by inserting ``on or'' before ``near''; and
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) strategies for the provision of transition
planning, by personnel of the designated State unit, the
State educational agency, and the recipient of funds under
part C, that will facilitate the development and approval of
the individualized plans for employment under section 102;
and''; and
(J) by adding at the end the following:
``(I) Coordination with assistive technology programs.--The
State plan shall include an assurance that the designated
State unit, and the lead agency and implementing entity (if
any) designated by the Governor of the State under section 4
of the Assistive Technology Act of 1998 (29 U.S.C. 3003),
have developed working relationships and will enter into
agreements for the coordination of their activities,
including the referral of individuals with disabilities to
programs and activities described in that section.
``(J) Coordination with ticket to work and self-sufficiency
program.--The State plan shall include an assurance that the
designated State unit will coordinate activities with any
other State agency that is functioning as an employment
network under the Ticket to Work and Self-Sufficiency Program
established under section 1148 of the Social Security Act (42
U.S.C. 1320b-19).
``(K) Interagency cooperation.--The State plan shall
describe how the designated State agency or agencies (if more
than 1 agency is designated under paragraph (2)(A)) will
collaborate with the State agency responsible for
administering the State Medicaid plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), the State
agency responsible for providing services for individuals
with developmental disabilities, and the State agency
responsible for providing mental health services, to develop
opportunities for community-based employment in integrated
settings, to the greatest extent practicable.'';
(8) in paragraph (14)--
(A) in the paragraph header, by striking ``Annual'' and
inserting ``Semiannual'';
(B) in subparagraph (A)--
(i) by striking ``an annual'' and inserting ``a
semiannual'';
(ii) by striking ``has achieved an employment outcome'' and
inserting ``is employed'';
(iii) by striking ``achievement of the outcome'' and all
that follows through ``representative)'' and inserting
``beginning of such employment, and annually thereafter'';
(iv) by striking ``to competitive'' and all that follows
and inserting the following: ``to competitive integrated
employment or training for competitive integrated
employment;'';
(C) in subparagraph (B), by striking ``and'' at the end;
(D) in subparagraph (C), by striking ``the individuals
described'' and all that follows and inserting ``individuals
described in subparagraph (A) in attaining competitive
integrated employment; and''; and
(E) by adding at the end the following:
``(D) an assurance that the State will report the
information generated under subparagraphs (A), (B), and (C),
for each of the individuals, to the Administrator of the Wage
and Hour Division of the Department of Labor for each fiscal
year, not later than 60 days after the end of the fiscal
year.'';
(9) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking ``and'' at the end;
(II) in subclause (III)--
(aa) by striking ``workforce investment system'' and
inserting ``workforce development system''; and
(bb) by adding ``and'' at the end; and
(III) by adding at the end the following:
``(IV) youth with disabilities, and students with
disabilities, including their need for pre-employment
transition services or other transition services;'';
(ii) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(iii) by inserting after clause (i) the following:
``(ii) include an assessment of the needs of individuals
with disabilities for transition services and pre-employment
transition services, and the extent to which such services
provided under this Act are coordinated with transition
services provided under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) in order to meet the
needs of individuals with disabilities.'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by striking ``part B of title VI'' and inserting
``title VI''; and
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) the number of individuals who are eligible for
services under this title, but are not receiving such
services due to an order of selection; and''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (iii) through (v) as clauses
(iv) through (vi), respectively;
(ii) by inserting after clause (ii) the following:
``(iii) the methods to be used to improve and expand
vocational rehabilitation services for students with
disabilities, including the coordination of services designed
to facilitate the transition of such students from the
receipt of educational services in school to postsecondary
life (including the receipt of vocational rehabilitation
services under this title, postsecondary education,
employment, and pre-employment transition services);''; and
(iii) in clause (vi), as redesignated by clause (i) of this
subparagraph, by striking ``workforce investment system'' and
inserting ``workforce development system'';
(10) in paragraph (20), in subparagraphs (A) and (B)(i), by
striking ``workforce investment system'' and inserting
``workforce development system'';
(11) in paragraph (22), by striking ``part B of title VI''
and inserting ``title VI''; and
(12) by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan shall provide an assurance that, with respect to
students with disabilities, the State--
``(A) has developed and will implement--
``(i) strategies to address the needs identified in the
assessments described in paragraph (15); and
``(ii) strategies to achieve the goals and priorities
identified by the State, in accordance with paragraph (15),
to improve and expand vocational rehabilitation services for
students with disabilities on a statewide basis; and
``(B) has developed and will implement strategies to
provide pre-employment transition services.
``(26) Job growth and development.--The State plan shall
provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or
occupations under sections 106(c) and 108 of the Workforce
Innovation and Opportunity Act to increase competitive
integrated employment opportunities for individuals with
disabilities.''.
(b) Approval.--Section 101(b) (29 U.S.C. 721(b)) is amended
to read as follows:
``(b) Submission; Approval; Modification.--The State plan
for vocational rehabilitation services shall be subject to--
``(1) subsection (c) of section 102 of the Workforce
Innovation and Opportunity Act, in a case in which that plan
is a portion of the unified State plan described in that
section 102; and
``(2) subsection (b), and paragraphs (1), (2), and (3) of
subsection (c), of section 103 of such Act in a case in which
that State plan for vocational rehabilitation services is a
portion of the combined State plan described in that section
103.''.
(c) Construction.--Section 101 (29 U.S.C. 721) is amended
by adding at the end the following:
``(c) Construction.--Nothing in this part shall be
construed to reduce the obligation under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) of a
local educational agency or any other agency to provide or
pay for any transition services that are also considered
special education or related services and that are necessary
for ensuring a free appropriate public education to children
with disabilities within the State involved.''.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``is an'' and
inserting ``has undergone an assessment for determining
eligibility and vocational rehabilitation needs and as a
result has been determined to be an'';
[[Page H5944]]
(B) in subparagraph (B), by striking ``or regain
employment.'' and inserting ``advance in, or regain
employment that is consistent with the individual's
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.''; and
(C) by adding at the end the following: ``For purposes of
an assessment for determining eligibility and vocational
rehabilitation needs under this Act, an individual shall be
presumed to have a goal of an employment outcome.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``Demonstration'' and inserting ``Applicants''; and
(ii) by striking ``, unless'' and all that follows and
inserting a period; and
(B) in subparagraph (B)--
(i) in the subparagraph header, by striking ``Methods'' and
inserting ``Responsibilities'';
(ii) in the first sentence--
(I) by striking ``In making the demonstration required
under subparagraph (A),'' and inserting ``Prior to
determining under this subsection that an applicant described
in subparagraph (A) is unable to benefit due to the severity
of the individual's disability or that the individual is
ineligible for vocational rehabilitation services,''; and
(II) by striking ``, except under'' and all that follows
and inserting a period; and
(iii) in the second sentence, by striking ``individual or
to determine'' and all that follows and inserting
``individual. In providing the trial experiences, the
designated State unit shall provide the individual with the
opportunity to try different employment experiences,
including supported employment, and the opportunity to become
employed in competitive integrated employment.'';
(3) in paragraph (3)(A)(ii), by striking ``outcome from''
and all that follows and inserting ``outcome due to the
severity of the individual's disability (as of the date of
the determination).''; and
(4) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``If an individual'' and inserting ``If,
after the designated State unit carries out the activities
described in paragraph (2)(B), a review of existing data,
and, to the extent necessary, the assessment activities
described in section 7(2)(A)(ii), an individual''; and
(ii) by striking ``title is determined'' and all that
follows through ``not to be'' and inserting ``title is
determined not to be'';
(B) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B), as redesignated
by subparagraph (B) of this paragraph, the following:
``(A) the ineligibility determination shall be an
individualized one, based on the available data, and shall
not be based on assumptions about broad categories of
disabilities;''; and
(D) in clause (i) of subparagraph (C), as redesignated by
subparagraph (B) of this paragraph, by inserting after
``determination'' the following: ``, including the clear and
convincing evidence that forms the basis for the
determination of ineligibility''.
(b) Development of an Individualized Plan for Employment,
and Related Information.--Section 102(b) (29 U.S.C. 722(b))
is amended--
(1) in paragraph (1)(A)--
(A) by striking ``, to the extent determined to be
appropriate by the eligible individual,''; and
(B) by inserting ``or, as appropriate, a disability
advocacy organization'' after ``counselor'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Individuals desiring to enter the workforce.--For an
individual entitled to benefits under title II or XVI of the
Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on
the basis of a disability or blindness, the designated State
unit shall provide to the individual general information on
additional supports and assistance for individuals with
disabilities desiring to enter the workforce, including
assistance with benefits planning.'';
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) amended, as necessary, to include the
postemployment services and service providers that are
necessary for the individual to maintain or regain
employment, consistent with the individual's strengths,
resources, priorities, concerns, abilities, capabilities,
interests, and informed choice.''; and
(B) by adding at the end the following:
``(F) Timeframe for completing the individualized plan for
employment.--The individualized plan for employment shall be
developed as soon as possible, but not later than a deadline
of 90 days after the date of the determination of eligibility
described in paragraph (1), unless the designated State unit
and the eligible individual agree to an extension of that
deadline to a specific date by which the individualized plan
for employment shall be completed.''; and
(5) in paragraph (4), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (A), by striking ``choice of the'' and
all that follows and inserting ``choice of the eligible
individual, consistent with the general goal of competitive
integrated employment (except that in the case of an eligible
individual who is a student, the description may be a
description of the student's projected postschool employment
outcome);'';
(B) in subparagraph (B)(i)--
(i) by redesignating subclause (II) as subclause (III); and
(ii) by striking subclause (I) and inserting the following:
``(I) needed to achieve the employment outcome, including,
as appropriate--
``(aa) the provision of assistive technology devices and
assistive technology services (including referrals described
in section 103(a)(3) to the device reutilization programs and
demonstrations described in subparagraphs (B) and (D) of
section 4(e)(2) of the Assistive Technology Act of 1998 (29
U.S.C. 3003(e)(2)) through agreements developed under section
101(a)(11)(I); and
``(bb) personal assistance services (including training in
the management of such services);
``(II) in the case of a plan for an eligible individual
that is a student, the specific transition services and
supports needed to achieve the student's employment outcome
or projected postschool employment outcome; and'';
(C) in subparagraph (F), by striking ``and'' at the end;
(D) in subparagraph (G), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) for an individual who also is receiving assistance
from an employment network under the Ticket to Work and Self-
Sufficiency Program established under section 1148 of the
Social Security Act (42 U.S.C. 1320b-19), a description of
how responsibility for service delivery will be divided
between the employment network and the designated State
unit.''.
(c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``The procedures shall allow an applicant or an eligible
individual the opportunity to request mediation, an impartial
due process hearing, or both procedures.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iv) any applicable State limit on the time by which a
request for mediation under paragraph (4) or a hearing under
paragraph (5) shall be made, and any required procedure by
which the request shall be made.''; and
(3) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Officer.--A due process hearing described in
paragraph (2) shall be conducted by an impartial hearing
officer who, on reviewing the evidence presented, shall issue
a written decision based on the provisions of the approved
State plan, requirements specified in this Act (including
regulations implementing this Act), and State regulations and
policies that are consistent with the Federal requirements
specified in this title. The officer shall provide the
written decision to the applicant or eligible individual, or,
as appropriate, the applicant's representative or
individual's representative, and to the designated State
unit. The impartial hearing officer shall have the authority
to render a decision and require actions regarding the
applicant's or eligible individual's vocational
rehabilitation services under this title.''; and
(B) in subparagraph (B), by striking ``in laws'' and
inserting ``about Federal laws''.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)--
(A) in paragraph (13), by striking ``workforce investment
system'' and inserting ``workforce development system'';
(B) by striking paragraph (15) and inserting the following:
``(15) transition services for students with disabilities,
that facilitate the transition from school to postsecondary
life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment
transition services;'';
(C) by redesignating paragraphs (17) and (18) as paragraphs
(19) and (20), respectively; and
(D) by inserting after paragraph (16) the following:
``(17) customized employment;
``(18) encouraging qualified individuals who are eligible
to receive services under this title to pursue advanced
training in a science, technology, engineering, or
mathematics (including computer science) field, medicine,
law, or business;''.
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(A)''; and
(II) by striking the second sentence and inserting ``Such
programs shall be used to provide services described in this
section that promote integration into the community and that
prepare individuals with disabilities for competitive
integrated employment, including supported employment and
customized employment.''; and
(ii) by striking subparagraph (B);
(B) by striking paragraph (5) and inserting the following:
``(5) Technical assistance to businesses that are seeking
to employ individuals with disabilities.''; and
(C) by striking paragraph (6) and inserting the following:
``(6) Consultation and technical assistance services to
assist State educational agencies and local educational
agencies in planning for the transition of students with
disabilities from school to postsecondary life, including
employment.
``(7) Transition services to youth with disabilities and
students with disabilities, for which a vocational
rehabilitation counselor works in
[[Page H5945]]
concert with educational agencies, providers of job training
programs, providers of services under the Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), entities designated by the State to provide services
for individuals with developmental disabilities, centers for
independent living (as defined in section 702), housing and
transportation authorities, workforce development systems,
and businesses and employers.
``(8) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) to promote access to assistive technology for
individuals with disabilities and employers.
``(9) Support (including, as appropriate, tuition) for
advanced training in a science, technology, engineering, or
mathematics (including computer science) field, medicine,
law, or business, provided after an individual eligible to
receive services under this title, demonstrates--
``(A) such eligibility;
``(B) previous completion of a bachelor's degree program at
an institution of higher education or scheduled completion of
such degree program prior to matriculating in the program for
which the individual proposes to use the support; and
``(C) acceptance by a program at an institution of higher
education in the United States that confers a master's degree
in a science, technology, engineering, or mathematics
(including computer science) field, a juris doctor degree, a
master of business administration degree, or a doctor of
medicine degree,
except that the limitations of subsection (a)(5) that apply
to training services shall apply to support described in this
paragraph, and nothing in this paragraph shall prevent any
designated State unit from providing similar support to
individuals with disabilities within the State who are
eligible to receive support under this title and who are not
served under this paragraph.''.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)(A)--
(A) by striking clause (ix) and inserting the following:
``(ix) in a State in which one or more projects are funded
under section 121, at least one representative of the
directors of the projects located in such State;''; and
(B) in clause (xi), by striking ``State workforce
investment board'' and inserting ``State workforce
development board''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``State workforce investment board'' and inserting ``State
workforce development board''; and
(B) in paragraph (6), by striking ``Service Act'' and all
that follows and inserting ``Service Act (42 U.S.C. 300x-
3(a)) and the State workforce development board, and with the
activities of entities carrying out programs under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);''.
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106 (29 U.S.C. 726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Standards and indicators.--The evaluation standards
and performance indicators for the vocational rehabilitation
program carried out under this title shall be subject to the
performance accountability provisions described in section
116(b) of the Workforce Innovation and Opportunity Act.
``(2) Additional performance accountability indicators.--A
State may establish and provide information on additional
performance accountability indicators, which shall be
identified in the State plan submitted under section 101.'';
and
(2) in subsection (b)(2)(B)(i), by striking ``review the
program'' and all that follows through ``request the State''
and inserting ``on a biannual basis, review the program
improvement efforts of the State and, if the State has not
improved its performance to acceptable levels, as determined
by the Commissioner, direct the State''.
SEC. 417. MONITORING AND REVIEW.
(a) In General.--Section 107 (29 U.S.C. 727) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(E), by inserting before the period the
following: ``, including personnel of a client assistance
program under section 112, and past or current recipients of
vocational rehabilitation services''; and
(B) in paragraph (4)--
(i) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) the eligibility process, including the process
related to the determination of ineligibility under section
102(a)(5);
``(B) the provision of services, including supported
employment services and pre-employment transition services,
and, if applicable, the order of selection;'';
(ii) in subparagraph (C), by striking ``and'' at the end;
(iii) by redesignating subparagraph (D) as subparagraph
(E); and
(iv) by inserting after subparagraph (C) the following:
``(D) data reported under section 101(a)(10)(C)(i); and'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) provide technical assistance to programs under this
title to--
``(A) promote high-quality employment outcomes for
individuals with disabilities;
``(B) integrate veterans who are individuals with
disabilities into their communities and to support the
veterans to obtain and retain competitive integrated
employment;
``(C) develop, improve, and disseminate information on
procedures, practices, and strategies, including for the
preparation of personnel, to better enable individuals with
intellectual disabilities and other individuals with
disabilities to participate in postsecondary educational
experiences and to obtain and retain competitive integrated
employment; and
``(D) apply evidence-based findings to facilitate systemic
improvements in the transition of youth with disabilities to
postsecondary life.''.
(b) Technical Amendment.--Section 108(a) (29 U.S.C. 728(a))
is amended by striking ``part B of title VI'' and inserting
``title VI''.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
``SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
``A State may expend payments received under section 111 to
educate and provide services to employers who have hired or
are interested in hiring individuals with disabilities under
programs carried out under this title, including--
``(1) providing training and technical assistance to
employers regarding the employment of individuals with
disabilities, including disability awareness, and the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) and other employment-related laws;
``(2) working with employers to--
``(A) provide opportunities for work-based learning
experiences (including internships, short-term employment,
apprenticeships, and fellowships), and opportunities for pre-
employment transition services;
``(B) recruit qualified applicants who are individuals with
disabilities;
``(C) train employees who are individuals with
disabilities; and
``(D) promote awareness of disability-related obstacles to
continued employment;
``(3) providing consultation, technical assistance, and
support to employers on workplace accommodations, assistive
technology, and facilities and workplace access through
collaboration with community partners and employers, across
States and nationally, to enable the employers to recruit,
job match, hire, and retain qualified individuals with
disabilities who are recipients of vocational rehabilitation
services under this title, or who are applicants for such
services; and
``(4) assisting employers with utilizing available
financial support for hiring or accommodating individuals
with disabilities.''.
SEC. 419. STATE ALLOTMENTS.
Section 110 (29 U.S.C. 730) is amended--
(1) in subsection (a)(1), by striking ``Subject to the
provisions of subsection (c)'' and inserting ``Subject to the
provisions of subsections (c) and (d),'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``1987'' and inserting
``2015''; and
(B) in paragraph (2)--
(i) by striking ``Secretary'' and all that follows through
``(B)'' and inserting ``Secretary,''; and
(ii) by striking ``2000 through 2003'' and inserting ``2015
through 2020''; and
(3) by adding at the end the following:
``(d)(1) From any State allotment under subsection (a) for
a fiscal year, the State shall reserve not less than 15
percent of the allotted funds for the provision of pre-
employment transition services.
``(2) Such reserved funds shall not be used to pay for the
administrative costs of providing pre-employment transition
services.''.
SEC. 420. PAYMENTS TO STATES.
Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended--
(1) by striking ``For fiscal year 1994 and each fiscal year
thereafter, the'' and inserting ``The'';
(2) by striking ``this title for the previous'' and
inserting ``this title for any previous''; and
(3) by striking ``year preceding the previous'' and
inserting ``year preceding that previous''.
SEC. 421. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended--
(1) in subsection (a), in the first sentence, by inserting
``including under sections 113 and 511,'' after ``all
available benefits under this Act,'';
(2) in subsection (b), by striking ``not later than October
1, 1984,'';
(3) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``The Secretary shall
allot'' and inserting ``After reserving funds under
subparagraphs (E) and (F), the Secretary shall allot the
remainder of''; and
(B) by adding at the end the following:
``(E)(i) The Secretary shall reserve funds appropriated
under subsection (h) to make a grant to the protection and
advocacy system serving the American Indian Consortium to
provide services in accordance with this section. The amount
of such a grant shall be the same amount as is provided to a
territory under this subsection.
``(ii) In this subparagraph:
``(I) The term `American Indian Consortium' has the meaning
given the term in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002).
``(II) The term `protection and advocacy system' means a
protection and advocacy system established under subtitle C
of title I of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
[[Page H5946]]
``(F) For any fiscal year for which the amount appropriated
under subsection (h) equals or exceeds $14,000,000, the
Secretary may reserve not less than 1.8 percent and not more
than 2.2 percent of such amount to provide a grant for
training and technical assistance for the programs
established under this section. Such training and technical
assistance shall be coordinated with activities provided
under section 509(c)(1)(A).''; and
(4) by striking subsection (h) and inserting the following:
``(h) There are authorized to be appropriated to carry out
the provisions of this section--
``(1) $12,000,000 for fiscal year 2015;
``(2) $12,927,000 for fiscal year 2016;
``(3) $13,195,000 for fiscal year 2017;
``(4) $13,488,000 for fiscal year 2018;
``(5) $13,805,000 for fiscal year 2019; and
``(6) $14,098,000 for fiscal year 2020.''.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.) is further
amended by adding at the end the following:
``SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES.
``(a) In General.--From the funds reserved under section
110(d), and any funds made available from State, local, or
private funding sources, each State shall ensure that the
designated State unit, in collaboration with the local
educational agencies involved, shall provide, or arrange for
the provision of, pre-employment transition services for all
students with disabilities in need of such services who are
eligible or potentially eligible for services under this
title.
``(b) Required Activities.--Funds available under
subsection (a) shall be used to make available to students
with disabilities described in subsection (a)--
``(1) job exploration counseling;
``(2) work-based learning experiences, which may include
in-school or after school opportunities, or experience
outside the traditional school setting (including
internships), that is provided in an integrated environment
to the maximum extent possible;
``(3) counseling on opportunities for enrollment in
comprehensive transition or postsecondary educational
programs at institutions of higher education;
``(4) workplace readiness training to develop social skills
and independent living; and
``(5) instruction in self-advocacy, which may include peer
mentoring.
``(c) Authorized Activities.--Funds available under
subsection (a) and remaining after the provision of the
required activities described in subsection (b) may be used
to improve the transition of students with disabilities
described in subsection (a) from school to postsecondary
education or an employment outcome by--
``(1) implementing effective strategies to increase the
likelihood of independent living and inclusion in communities
and competitive integrated workplaces;
``(2) developing and improving strategies for individuals
with intellectual disabilities and individuals with
significant disabilities to live independently, participate
in postsecondary education experiences, and obtain and retain
competitive integrated employment;
``(3) providing instruction to vocational rehabilitation
counselors, school transition personnel, and other persons
supporting students with disabilities;
``(4) disseminating information about innovative,
effective, and efficient approaches to achieve the goals of
this section;
``(5) coordinating activities with transition services
provided by local educational agencies under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(6) applying evidence-based findings to improve policy,
procedure, practice, and the preparation of personnel, in
order to better achieve the goals of this section;
``(7) developing model transition demonstration projects;
``(8) establishing or supporting multistate or regional
partnerships involving States, local educational agencies,
designated State units, developmental disability agencies,
private businesses, or other participants to achieve the
goals of this section; and
``(9) disseminating information and strategies to improve
the transition to postsecondary activities of individuals who
are members of traditionally unserved populations.
``(d) Pre-Employment Transition Coordination.--Each local
office of a designated State unit shall carry out
responsibilities consisting of--
``(1) attending individualized education program meetings
for students with disabilities, when invited;
``(2) working with the local workforce development boards,
one-stop centers, and employers to develop work opportunities
for students with disabilities, including internships, summer
employment and other employment opportunities available
throughout the school year, and apprenticeships;
``(3) work with schools, including those carrying out
activities under section 614(d)(1)(A)(i)(VIII) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the
provision of pre-employment transition services under this
section; and
``(4) when invited, attend person-centered planning
meetings for individuals receiving services under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
``(e) National Pre-employment Transition Coordination.--The
Secretary shall support designated State agencies providing
services under this section, highlight best State practices,
and consult with other Federal agencies to advance the goals
of this section.
``(f) Support.--In carrying out this section, States shall
address the transition needs of all students with
disabilities, including such students with physical, sensory,
intellectual, and mental health disabilities.''.
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ``(referred to in this
section as `eligible individuals'), consistent with such
eligible individuals' strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice, so that such individuals may prepare for, and engage
in, high-quality employment that will increase opportunities
for economic self-sufficiency'';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) contains assurances that--
``(i) all decisions affecting eligibility for vocational
rehabilitation services, the nature and scope of available
vocational rehabilitation services and the provision of such
services will, consistent with this title, be made by a
representative of the tribal vocational rehabilitation
program funded through the grant; and
``(ii) such decisions will not be delegated to another
agency or individual.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c)(1) From the funds appropriated and made available to
carry out this part for any fiscal year, beginning with
fiscal year 2015, the Commissioner shall first reserve not
less than 1.8 percent and not more than 2 percent of the
funds to provide training and technical assistance to
governing bodies described in subsection (a) for such fiscal
year.
``(2) From the funds reserved under paragraph (1), the
Commissioner shall make grants to, or enter into contracts or
other cooperative agreements with, entities that have
experience in the operation of vocational rehabilitation
services programs under this section to provide such training
and technical assistance with respect to developing,
conducting, administering, and evaluating such programs.
``(3) The Commissioner shall conduct a survey of the
governing bodies regarding training and technical assistance
needs in order to determine funding priorities for such
grants, contracts, or cooperative agreements.
``(4) To be eligible to receive a grant or enter into a
contract or cooperative agreement under this section, such an
entity shall submit an application to the Commissioner at
such time, in such manner, and containing a proposal to
provide such training and technical assistance, and
containing such additional information as the Commissioner
may require. The Commissioner shall provide for peer review
of applications by panels that include persons who are not
government employees and who have experience in the operation
of vocational rehabilitation services programs under this
section.''.
SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT
INFORMATION.
Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by
striking ``title I of the Workforce Investment Act of 1998''
and inserting ``title I of the Workforce Innovation and
Opportunity Act''.
Subtitle C--Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended--
(1) in paragraph (1), by inserting ``technical
assistance,'' after ``training,'';
(2) in paragraph (2), by inserting ``technical
assistance,'' after ``training,'';
(3) in paragraph (3), in the matter preceding subparagraph
(A)--
(A) by inserting ``and use'' after ``transfer''; and
(B) by inserting ``, in a timely and efficient manner,''
after ``disabilities''; and
(4) in paragraph (4), by striking ``distribution'' and
inserting ``dissemination'';
(5) in paragraph (5)--
(A) by inserting ``, including individuals with
intellectual and psychiatric disabilities,'' after
``disabilities''; and
(B) by striking ``and'' after the semicolon;
(6) by redesignating paragraph (6) as paragraph (7);
(7) by inserting after paragraph (5) the following:
``(6) identify strategies for effective coordination of
services to job seekers with disabilities available through
programs of one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act;'';
(8) in paragraph (7), as redesignated by paragraph (6), by
striking the period and inserting ``; and''; and
(9) by adding at the end the following:
``(8) identify effective strategies for supporting the
employment of individuals with disabilities in competitive
integrated employment.''.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201 (29 U.S.C. 761) is amended to read as follows:
``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $103,970,000 for fiscal year 2015, $112,001,000 for
fiscal year 2016, $114,325,000 for fiscal year 2017,
$116,860,000 for fiscal year 2018, $119,608,000 for fiscal
year 2019, and $122,143,000 for fiscal year 2020.''.
SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT
LIVING, AND REHABILITATION RESEARCH.
Section 202 (29 U.S.C. 762) is amended--
[[Page H5947]]
(1) in the section heading, by inserting ``, independent
living,'' after ``disability'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Department of Education'' and all that follows through
``which'' and inserting ``Administration for Community Living
of the Department of Health and Human Services a National
Institute on Disability, Independent Living, and
Rehabilitation Research (referred to in this title as the
`Institute'), which''; and
(ii) in subparagraph (A)--
(I) in clause (ii), by striking ``and training; and'' and
inserting ``, training, and technical assistance;'';
(II) by redesignating clause (iii) as clause (iv); and
(III) by inserting after clause (ii) the following:
``(iii) outreach and information that clarifies research
implications for policy and practice; and''; and
(B) in paragraph (2), by striking ``directly'' and all that
follows through the period and inserting ``directly
responsible to the Administrator for the Administration for
Community Living of the Department of Health and Human
Services.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) private organizations engaged in research relating
to--
``(i) independent living;
``(ii) rehabilitation; or
``(iii) providing rehabilitation or independent living
services;'';
(B) in paragraph (3), by striking ``in rehabilitation'' and
inserting ``on disability, independent living, and
rehabilitation'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by inserting
``education, health and wellness,'' after ``independent
living,''; and
(ii) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) public and private entities, including--
``(i) elementary schools and secondary schools (as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)); and
``(ii) institutions of higher education;
``(B) rehabilitation practitioners;
``(C) employers and organizations representing employers
with respect to employment-based educational materials or
research;
``(D) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved by programs
under this Act);
``(E) the individuals' representatives for the individuals
described in subparagraph (D); and
``(F) the Committee on Education and the Workforce of the
House of Representatives, the Committee on Appropriations of
the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Appropriations of the Senate;'';
(D) in paragraph (6)--
(i) by striking ``advances in rehabilitation'' and
inserting ``advances in disability, independent living, and
rehabilitation''; and
(ii) by inserting ``education, health and wellness,'' after
``employment, independent living,'';
(E) by striking paragraph (7);
(F) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(G) in paragraph (7), as redesignated by subparagraph (F)--
(i) by striking ``health, income,'' and inserting ``health
and wellness, income, education,''; and
(ii) by striking ``and evaluation of vocational and other''
and inserting ``and evaluation of independent living,
vocational, and'';
(H) in paragraph (8), as redesignated by subparagraph (F),
by striking ``with vocational rehabilitation services for the
purpose of identifying effective rehabilitation programs and
policies that promote the independence of individuals with
disabilities and achievement of long-term vocational goals''
and inserting ``with independent living and vocational
rehabilitation services for the purpose of identifying
effective independent living and rehabilitation programs and
policies that promote the independence of individuals with
disabilities and achievement of long-term independent living
and employment goals''; and
(I) in paragraph (9), as redesignated by subparagraph (F),
by striking ``and telecommuting; and'' and inserting ``,
supported employment (including customized employment), and
telecommuting; and'';
(4) in subsection (d)(1), by striking the second sentence
and inserting the following: ``The Director shall be an
individual with substantial knowledge of and experience in
independent living, rehabilitation, and research
administration.'';
(5) in subsection (f)(1), by striking the second sentence
and inserting the following: ``The scientific peer review
shall be conducted by individuals who are not Department of
Health and Human Services employees. The Secretary shall
consider for peer review individuals who are scientists or
other experts in disability, independent living, and
rehabilitation, including individuals with disabilities and
the individuals' representatives, and who have sufficient
expertise to review the projects.'';
(6) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``priorities for rehabilitation research,''
and inserting ``priorities for disability, independent
living, and rehabilitation research,''; and
(ii) by inserting ``dissemination,'' after ``training,'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``especially in the
area of employment'' and inserting ``especially in the areas
of employment and independent living'';
(ii) in subparagraph (D)--
(I) by striking ``developed by the Director'' and inserting
``coordinated with the strategic plan required under section
203(c)'';
(II) in clause (i), by striking ``Rehabilitation'' and
inserting ``Disability, Independent Living, and
Rehabilitation'';
(III) in clause (ii), by striking ``Commissioner'' and
inserting ``Administrator''; and
(IV) in clause (iv), by striking ``researchers in the
rehabilitation field'' and inserting ``researchers in the
independent living and rehabilitation fields'';
(iii) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively;
(iv) by inserting after subparagraph (D) the following:
``(E) be developed by the Director;'';
(v) in subparagraph (F), as redesignated by clause (iii),
by inserting ``and information that clarifies implications of
the results for practice,'' after ``covered activities,'';
and
(vi) in subparagraph (G), as redesignated by clause (iii),
by inserting ``and information that clarifies implications of
the results for practice'' after ``covered activities'';
(7) in subsection (j), by striking paragraph (3); and
(8) by striking subsection (k) and inserting the following:
``(k) The Director shall make grants to institutions of
higher education for the training of independent living and
rehabilitation researchers, including individuals with
disabilities and traditionally underserved populations of
individuals with disabilities, as described in section 21,
with particular attention to research areas that--
``(1) support the implementation and objectives of this
Act; and
``(2) improve the effectiveness of services authorized
under this Act.
``(l)(1) Not later than December 31 of each year, the
Director shall prepare, and submit to the Secretary, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and the Workforce of
the House of Representatives, a report on the activities
funded under this title.
``(2) The report under paragraph (1) shall include--
``(A) a compilation and summary of the information provided
by recipients of funding for such activities under this
title;
``(B) a summary describing the funding received under this
title and the progress of the recipients of the funding in
achieving the measurable goals described in section
204(d)(2); and
``(C) a summary of implications of research outcomes on
practice.
``(m)(1) If the Director determines that an entity that
receives funding under this title fails to comply with the
applicable requirements of this Act, or to make progress
toward achieving the measurable goals described in section
204(d)(2), with respect to the covered activities involved,
the Director shall utilize available monitoring and
enforcement measures.
``(2) As part of the annual report required under
subsection (l), the Secretary shall describe each action
taken by the Secretary under paragraph (1) and the outcomes
of such action.''.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``conducting rehabilitation research'' and
inserting ``conducting disability, independent living, and
rehabilitation research'';
(ii) by striking ``chaired by the Director'' and inserting
``chaired by the Secretary, or the Secretary's designee,'';
(iii) by inserting ``the Assistant Secretary of Labor for
Disability Employment Policy, the Secretary of Defense, the
Administrator of the Administration for Community Living,''
after ``Assistant Secretary for Special Education and
Rehabilitative Services,''; and
(iv) by striking ``and the Director of the National Science
Foundation.'' and inserting ``the Director of the National
Science Foundation and the Administrator of the Small
Business Administration.''; and
(B) in paragraph (2), by inserting ``, and for not less
than 1 of such meetings at least every 2 years, the Committee
shall invite policymakers, representatives from other Federal
agencies conducting relevant research, individuals with
disabilities, organizations representing individuals with
disabilities, researchers, and providers, to offer input on
the Committee's work, including the development and
implementation of the strategic plan required under
subsection (c)'' after ``each year'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``from targeted individuals'' and inserting
``individuals with disabilities''; and
(ii) by inserting ``independent living and'' before
``rehabilitation''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``independent living
research,'' after ``assistive technology research,'';
(ii) in subparagraph (B), by inserting ``, independent
living research,'' after ``technology research'';
(iii) in subparagraph (D), by striking ``and research that
incorporates the principles of universal design'' and
inserting ``, independent living research, and research that
incorporates the principles of universal design''; and
(iv) in subparagraph (E), by striking ``and research that
incorporates the principles of universal design.'' and
inserting ``, independent living research, and research that
incorporates the principles of universal design.'';
[[Page H5948]]
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
``(c)(1) The Committee shall develop a comprehensive
government wide strategic plan for disability, independent
living, and rehabilitation research.
``(2) The strategic plan shall include, at a minimum--
``(A) a description of the--
``(i) measurable goals and objectives;
``(ii) existing resources each agency will devote to
carrying out the plan;
``(iii) timetables for completing the projects outlined in
the plan; and
``(iv) assignment of responsible individuals and agencies
for carrying out the research activities;
``(B) research priorities and recommendations;
``(C) a description of how funds from each agency will be
combined, as appropriate, for projects administered among
Federal agencies, and how such funds will be administered;
``(D) the development and ongoing maintenance of a
searchable government wide inventory of disability,
independent living, and rehabilitation research for trend and
data analysis across Federal agencies;
``(E) guiding principles, policies, and procedures,
consistent with the best research practices available, for
conducting and administering disability, independent living,
and rehabilitation research across Federal agencies; and
``(F) a summary of underemphasized and duplicative areas of
research.
``(3) The strategic plan described in this subsection shall
be submitted to the President and the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives.'';
(6) in subsection (d), as redesignated by paragraph (4)--
(A) in the matter preceding paragraph (1), by striking
``Committee on Labor and Human Resources of the Senate'' and
inserting ``Committee on Health, Education, Labor, and
Pensions of the Senate''; and
(B) by striking paragraph (1) and inserting the following:
``(1) describes the progress of the Committee in fulfilling
the duties described in subsections (b) and (c), and
including specifically for subsection (c)--
``(A) a report of the progress made in implementing the
strategic plan, including progress toward implementing the
elements described in subsection (c)(2)(A); and
``(B) detailed budget information.''; and
(7) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) the term `independent living', used in connection
with research, means research on issues and topics related to
attaining maximum self-sufficiency and function by
individuals with disabilities, including research on
assistive technology and universal design, employment,
education, health and wellness, and community integration and
participation.''.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (29 U.S.C. 764) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``pay'' and inserting ``fund'';
(ii) by inserting ``have practical applications and''
before ``maximize''; and
(iii) by striking ``employment, independent living,'' and
inserting ``employment, education, independent living, health
and wellness,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and from which the
research findings, conclusions, or recommendations can be
transferred to practice'' after ``State agencies'';
(ii) in subparagraph (B)--
(I) by striking clause (ii) and inserting the following:
``(ii) studies and analyses of factors related to
industrial, vocational, educational, employment, social,
recreational, psychiatric, psychological, economic, and
health and wellness variables affecting individuals with
disabilities, including traditionally underserved populations
as described in section 21, and how those variables affect
such individuals' ability to live independently and their
participation in the work force;'';
(II) in clause (iii), by striking ``are homebound'' and all
that follows and inserting ``have significant challenges
engaging in community life outside their homes and
individuals who are in institutional settings;'';
(III) in clause (iv), by inserting ``, including the
principles of universal design and the interoperability of
products and services'' after ``disabilities'';
(IV) in clause (v), by inserting ``, and to promoting
employment opportunities in competitive integrated
employment'' after ``employment'';
(V) in clause (vi), by striking ``and'' after the
semicolon;
(VI) in clause (vii), by striking ``and assistive
technology.'' and inserting ``, assistive technology, and
communications technology; and''; and
(VII) by adding at the end the following:
``(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including
self-employment and telecommuting, of individuals with
disabilities.''; and
(C) by adding at the end the following:
``(3) In carrying out this section, the Director shall
emphasize covered activities that include plans for--
``(A) dissemination of high-quality materials, of
scientifically valid research results, or of findings,
conclusions, and recommendations resulting from covered
activities, including through electronic means (such as the
website of the Department of Health and Human Services), so
that such information is available in a timely manner to the
general public; or
``(B) the commercialization of marketable products,
research results, or findings, resulting from the covered
activities.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(18)'' both places the
term appears and inserting ``(17)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clauses (i) and (ii)
and inserting the following:
``(i) be operated in collaboration with institutions of
higher education, providers of rehabilitation services,
developers or providers of assistive technology devices,
assistive technology services, or information technology
devices or services, as appropriate, or providers of other
appropriate services; and
``(ii) serve as centers of national excellence and national
or regional resources for individuals with disabilities, as
well as providers, educators, and researchers.'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by adding ``independent living and'' after ``research
in'';
(bb) by adding ``independent living and'' after ``will
improve''; and
(cc) by striking ``alleviate or stabilize'' and all that
follows and inserting ``maximize health and function
(including alleviating or stabilizing conditions, or
preventing secondary conditions), and promote maximum social
and economic independence of individuals with disabilities,
including promoting the ability of the individuals to prepare
for, secure, retain, regain, or advance in employment;'';
(II) by redesignating clauses (ii), (iii), and (iv), as
clauses (iii), (iv), and (v), respectively;
(III) by inserting after clause (i) the following:
``(ii) conducting research in, and dissemination of,
employer-based practices to facilitate the identification,
recruitment, accommodation, advancement, and retention of
qualified individuals with disabilities;'';
(IV) in clause (iii), as redesignated by subclause (II), by
inserting ``independent living and'' before ``rehabilitation
services'';
(V) in clause (iv), as redesignated by subclause (II)--
(aa) by inserting ``independent living and'' before
``rehabilitation'' each place the term appears; and
(bb) by striking ``and'' after the semicolon; and
(VI) by striking clause (v), as redesignated by subclause
(II), and inserting the following:
``(v) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to
providers, educators, and researchers, by providing outreach
and information that clarifies research implications for
practice and identifies potential new areas of research; and
``(vi) developing practical applications for the research
findings of the Centers.'';
(iii) in subparagraph (C)--
(I) in clause (i), by inserting ``, including research on
assistive technology devices, assistive technology services,
and accessible electronic and information technology
devices'' after ``research'';
(II) in clause (ii)--
(aa) by striking ``and social'' and inserting ``, social,
and economic''; and
(bb) by inserting ``independent living and'' before
``rehabilitation''; and
(III) by striking clauses (iii) and (iv);
(IV) by redesignating clauses (v) and (vi) as clauses (iii)
and (iv), respectively;
(V) in clause (iii), as redesignated by subclause (IV), by
striking ``to develop'' and all that follows and inserting
``that promotes the emotional, social, educational, and
functional growth of children who are individuals with
disabilities, as well as their integration in school,
employment, and community activities;'';
(VI) in clause (iv), as redesignated by subclause (IV), by
striking ``that will improve'' and all that follows and
inserting ``to develop and evaluate interventions, policies,
and services that support families of those children and
adults who are individuals with disabilities;''; and
(VII) by adding at the end the following:
``(v) continuation of research that will improve services
and policies that foster the independence and social
integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with
intellectual disabilities and other developmental
disabilities, to live in their communities; and
``(vi) research, dissemination, and technical assistance,
on best practices in vocational rehabilitation, including
supported employment and other strategies to promote
competitive integrated employment for persons with the most
significant disabilities.'';
(iv) by striking subparagraph (D) and inserting the
following:
``(D) Training of students preparing to be independent
living or rehabilitation personnel or to provide independent
living, rehabilitative, assistive, or supportive services
(such as rehabilitation counseling, personal care services,
direct care, job coaching, aides in school based settings, or
advice or assistance in utilizing assistive technology
devices, assistive technology services, and accessible
electronic and information technology devices and services)
shall be an important priority for each such Center.'';
(v) in subparagraph (E), by striking ``comprehensive'';
(vi) in subparagraph (G)(i), by inserting ``independent
living and'' before ``rehabilitation-related'';
(vii) by striking subparagraph (I); and
(viii) by redesignating subparagraphs (J) through (O) as
subparagraphs (I) through (N), respectively;
[[Page H5949]]
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``independent living
strategies and'' before ``rehabilitation technology'';
(ii) in subparagraph (B)--
(I) in clause (i)(I), by inserting ``independent living
and'' before ``rehabilitation problems'';
(II) in clause (ii)(II), by striking ``employment'' and
inserting ``educational, employment,''; and
(III) in clause (iii)(II), by striking ``employment'' and
inserting ``educational, employment,'';
(iii) in subparagraph (D)(i)(II), by striking
``postschool'' and inserting ``postsecondary education,
competitive integrated employment, and other age-
appropriate''; and
(iv) in subparagraph (G)(ii), by inserting ``the impact of
any commercialized product researched or developed through
the Center,'' after ``individuals with disabilities,'';
(D) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``vocational'' and inserting ``independent
living, employment,'';
(II) by striking ``special'' and inserting ``unique''; and
(III) by inserting ``social and functional needs, and''
before ``acute care''; and
(ii) in clause (iv), by inserting ``education, health and
wellness,'' after ``employment,'';
(E) by striking paragraph (8) and inserting the following:
``(8) Grants may be used to conduct a program of joint
projects with other administrations and offices of the
Department of Health and Human Services, the National Science
Foundation, the Department of Veterans Affairs, the
Department of Defense, the Federal Communications Commission,
the National Aeronautics and Space Administration, the Small
Business Administration, the Department of Labor, other
Federal agencies, and private industry in areas of joint
interest involving rehabilitation.'';
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13), (14),
(15), (16), (17), and (18), as paragraphs (9), (10), (11),
(12), (13), (14), (15), and (16), respectively;
(H) in paragraph (11), as redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A), by striking
``employment needs of individuals with disabilities,
including'' and inserting ``employment needs, opportunities,
and outcomes (including those relating to self-employment,
supported employment, and telecommuting) of individuals with
disabilities, including'';
(ii) in subparagraph (B), by inserting ``and employment
related'' after ``the employment'';
(iii) in subparagraph (E), by striking ``and'' after the
semicolon;
(iv) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(v) by adding at the end the following:
``(G) develop models to facilitate the successful
transition of individuals with disabilities from
nonintegrated employment and employment that is compensated
at a wage less than the Federal minimum wage to competitive
integrated employment;
``(H) develop models to maximize opportunities for
integrated community living, including employment and
independent living, for individuals with disabilities;
``(I) provide training and continuing education for
personnel involved with community living for individuals with
disabilities;
``(J) develop model procedures for testing and evaluating
the community living related needs of individuals with
disabilities;
``(K) develop model training programs to teach individuals
with disabilities skills which will lead to integrated
community living and full participation in the community; and
``(L) develop new approaches for long-term services and
supports for individuals with disabilities, including
supports necessary for competitive integrated employment.'';
(I) in paragraph (12), as redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A), by inserting
``an independent living or'' after ``conduct'';
(ii) in subparagraph (D), by inserting ``independent living
or'' before ``rehabilitation''; and
(iii) in the matter following subparagraph (E), by striking
``National Institute on Disability and Rehabilitation
Research'' and inserting ``National Institute on Disability,
Independent Living, and Rehabilitation Research'';
(J) in paragraph (13), as redesignated by subparagraph (G),
by inserting ``independent living and'' before
``rehabilitation needs''; and
(K) in paragraph (14), as redesignated by subparagraph (G),
by striking ``and access to gainful employment.'' and
inserting ``, full participation, and economic self-
sufficiency.''; and
(3) by adding at the end the following:
``(d)(1) In awarding grants, contracts, or cooperative
agreements under this title, the Director shall award the
funding on a competitive basis.
``(2)(A) To be eligible to receive funds under this section
for a covered activity, an entity described in subsection
(a)(1) shall submit an application to the Director at such
time, in such manner, and containing such information as the
Director may require.
``(B) The application shall include information
describing--
``(i) measurable goals, as established through section 1115
of title 31, United States Code, and a timeline and specific
plan for meeting the goals, that the applicant has
established;
``(ii) how the project will address 1 or more of the
following: commercialization of a marketable product,
technology transfer (if applicable), dissemination of any
research results, and other priorities as established by the
Director; and
``(iii) how the applicant will quantifiably measure the
goals to determine whether such goals have been accomplished.
``(3)(A) In the case of an application for funding under
this section to carry out a covered activity that results in
the development of a marketable product, the application
shall also include a commercialization and dissemination
plan, as appropriate, containing commercialization and
marketing strategies for the product involved, and strategies
for disseminating information about the product. The funding
received under this section shall not be used to carry out
the commercialization and marketing strategies.
``(B) In the case of any other application for funding to
carry out a covered activity under this section, the
application shall also include a dissemination plan,
containing strategies for disseminating educational
materials, research results, or findings, conclusions, and
recommendations, resulting from the covered activity.''.
SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION
RESEARCH ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended--
(1) in the section heading, by inserting ``DISABILITY,
INDEPENDENT LIVING, AND'' before ``REHABILITATION'';
(2) in subsection (a)--
(A) by striking ``Department of Education a Rehabilitation
Research Advisory Council'' and inserting ``Department of
Health and Human Services a Disability, Independent Living,
and Rehabilitation Research Advisory Council''; and
(B) by inserting ``not less than'' after ``composed of'';
(3) by striking subsection (c) and inserting the following:
``(c) Qualifications.--Members of the Council shall be
generally representative of the community of disability,
independent living, and rehabilitation professionals, the
community of disability, independent living, and
rehabilitation researchers, the directors of independent
living centers and community rehabilitation programs, the
business community (including a representative of the small
business community) that has experience with the system of
vocational rehabilitation services and independent living
services carried out under this Act and with hiring
individuals with disabilities, the community of stakeholders
involved in assistive technology, the community of covered
school professionals, and the community of individuals with
disabilities, and the individuals' representatives. At least
one-half of the members shall be individuals with
disabilities or the individuals' representatives.''; and
(4) in subsection (g), by striking ``Department of
Education'' and inserting ``Department of Health and Human
Services''.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760 et seq.) is amended by adding at
the end the following:
``SEC. 206. DEFINITION OF COVERED SCHOOL.
``In this title, the term `covered school' means an
elementary school or secondary school (as such terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) or an institution of
higher education.''.
Subtitle D--Professional Development and Special Projects and
Demonstration
SEC. 441. PURPOSE; TRAINING.
(a) Purpose.--Section 301(a) (29 U.S.C. 771(a)) is
amended--
(1) in paragraph (2), by inserting ``and'' after the
semicolon;
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) in paragraph (3), as redesignated by paragraph (3), by
striking ``workforce investment systems'' and inserting
``workforce development systems''.
(b) Training.--Section 302 (29 U.S.C. 772) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking all after ``deliver''
and inserting ``supported employment services and customized
employment services to individuals with the most significant
disabilities;'';
(ii) in subparagraph (F), by striking ``and'' after the
semicolon;
(iii) in subparagraph (G), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) personnel trained in providing assistive technology
services.'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by striking
``title I of the Workforce Investment Act of 1998'' and
inserting ``subtitle B of title I of the Workforce Innovation
and Opportunity Act'';
(ii) in subparagraph (A), by striking ``workforce
investment system'' and inserting ``workforce development
system''; and
(iii) in subparagraph (B), by striking ``section 134(c) of
the Workforce Investment Act of 1998.'' and inserting
``section 121(e) of the Workforce Innovation and Opportunity
Act.''; and
(C) in paragraph (5), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting ``subtitle B
of title I of the Workforce Innovation and Opportunity Act'';
(2) in subsection (b)(1)(B)(i), by striking ``or
prosthetics and orthotics'' and inserting ``prosthetics and
orthotics, vision rehabilitation therapy, orientation and
mobility instruction, or low vision therapy'';
(3) in subsection (g)--
(A) in the subsection heading, by striking ``and In-Service
Training'';
(B) in paragraph (1), by adding after the period the
following: ``Any technical assistance provided to community
rehabilitation programs shall be focused on the employment
outcome of competitive integrated employment for individuals
with disabilities.''; and
(C) by striking paragraph (3);
[[Page H5950]]
(4) in subsection (h), by striking ``section 306'' and
inserting ``section 304''; and
(5) in subsection (i), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.''
and inserting ``$33,657,000 for fiscal year 2015, $36,257,000
for fiscal year 2016, $37,009,000 for fiscal year 2017,
$37,830,000 for fiscal year 2018, $38,719,000 for fiscal year
2019, and $39,540,000 for fiscal year 2020.''.
SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE
PROGRAMS.
Section 303 (29 U.S.C. 773) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``section 306'' and
inserting ``section 304'';
(B) in paragraph (3)(A), by striking ``National Institute
on Disability and Rehabilitation Research'' and inserting
``National Institute on Disability, Independent Living, and
Rehabilitation Research'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking clause (i) and inserting the following:
``(i) initiatives focused on improving transition from
education, including postsecondary education, to employment,
particularly in competitive integrated employment, for youth
who are individuals with significant disabilities;''; and
(II) by striking clause (iii) and inserting the following:
``(iii) increasing competitive integrated employment for
individuals with significant disabilities.''; and
(ii) in subparagraph (B)(viii), by striking ``under title I
of the Workforce Investment Act of 1998'' and inserting
``under subtitle B of title I of the Workforce Innovation and
Opportunity Act''; and
(D) by striking paragraph (6);
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking ``and'' after the
semicolon;
(ii) by redesignating subparagraph (F) as subparagraph (G);
and
(iii) by inserting after subparagraph (E) the following:
``(F) to provide support and guidance in helping
individuals with significant disabilities, including students
with disabilities, transition to competitive integrated
employment; and'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii)--
(I) by inserting ``the'' after ``closely with''; and
(II) by inserting ``, the community parent resource centers
established pursuant to section 672 of such Act, and the
eligible entities receiving awards under section 673 of such
Act'' after ``Individuals with Disabilities Education Act'';
and
(ii) in subparagraph (C), by inserting ``, and demonstrate
the capacity for serving,'' after ``shall serve''; and
(C) by adding at the end the following:
``(8) Reservation.--From the amount appropriated to carry
out this section for a fiscal year, 20 percent of such amount
or $500,000, whichever is less, may be reserved to carry out
paragraph (6).''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section there are authorized to be
appropriated $5,796,000 for fiscal year 2015, $6,244,000 for
fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000
for fiscal year 2018, $6,668,000 for fiscal year 2019, and
$6,809,000 for fiscal year 2020.''.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; RECREATIONAL
PROGRAMS.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
amended--
(1) by striking sections 304 and 305;
(2) by redesignating section 306 as section 304.
Subtitle E--National Council on Disability
SEC. 451. ESTABLISHMENT.
Section 400 (29 U.S.C. 780) is amended--
(1) in subsection (a)(1)--
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) There is established within the Federal Government a
National Council on Disability (referred to in this title as
the `National Council'), which, subject to subparagraph (B),
shall be composed of 9 members, of which--
``(i) 5 shall be appointed by the President;
``(ii) 1 shall be appointed by the Majority Leader of the
Senate;
``(iii) 1 shall be appointed by the Minority Leader of the
Senate;
``(iv) 1 shall be appointed by the Speaker of the House of
Representatives; and
``(v) 1 shall be appointed by the Minority Leader of the
House of Representatives.
``(B) The National Council shall transition from 15 members
(as of the date of enactment of the Workforce Innovation and
Opportunity Act) to 9 members as follows:
``(i) On the first 4 expirations of National Council terms
(after that date), replacement members shall be appointed to
the National Council in the following order and manner:
``(I) 1 shall be appointed by the Majority Leader of the
Senate.
``(II) 1 shall be appointed by the Minority Leader of the
Senate.
``(III) 1 shall be appointed by the Speaker of the House of
Representatives.
``(IV) 1 shall be appointed by the Minority Leader of the
House of Representatives.
``(ii) On the next 6 expirations of National Council terms
(after the 4 expirations described in clause (i) occur), no
replacement members shall be appointed to the National
Council.
``(C) For any vacancy on the National Council that occurs
after the transition described in subparagraph (B), the
vacancy shall be filled in the same manner as the original
appointment was made.''; and
(C) in subparagraph (D), as redesignated by subparagraph
(A) of this paragraph, in the first sentence--
(i) by inserting ``national leaders on disability policy,''
after ``guardians of individuals with disabilities,''; and
(ii) by striking ``policy or programs'' and inserting
``policy or issues that affect individuals with
disabilities'';
(2) in subsection (b), by striking ``, except'' and all
that follows and inserting a period; and
(3) in subsection (d), by striking ``Eight'' and inserting
``Five''.
SEC. 452. REPORT.
Section 401 (29 U.S.C. 781) is amended--
(1) in paragraphs (1) and (3) of subsection (a), by
striking ``National Institute on Disability and
Rehabilitation Research'' and inserting ``National Institute
on Disability, Independent Living, and Rehabilitation
Research''; and
(2) by striking subsection (c).
SEC. 453. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003.'' and inserting ``$3,186,000 for fiscal year
2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal
year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for
fiscal year 2019, and $3,743,000 for fiscal year 2020.''.
Subtitle F--Rights and Advocacy
SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUNCIL.
(a) Interagency Committee.--Section 501 (29 U.S.C. 791) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Architectural and Transportation Barriers Compliance
Board.--Section 502(j) (29 U.S.C. 792(j)) is amended by
striking ``such sums as may be necessary for each of the
fiscal years 1999 through 2003.'' and inserting ``$7,448,000
for fiscal year 2015, $8,023,000 for fiscal year 2016,
$8,190,000 for fiscal year 2017, $8,371,000 for fiscal year
2018, $8,568,000 for fiscal year 2019, and $8,750,000 for
fiscal year 2020.''.
(c) Program or Activity.--Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ``vocational education''
and inserting ``career and technical education''.
(d) Interagency Disability Coordinating Council.--Section
507(a) (29 U.S.C. 794c(a)) is amended by inserting ``the
Chairperson of the National Council on Disability,'' before
``and such other''.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting ``a grant,
contract, or cooperative agreement for'' before ``training'';
(2) in subsection (f)(2)--
(A) by striking ``general'' and all that follows through
``records'' and inserting ``general authorities, including
the authority to access records''; and
(B) by inserting ``of title I'' after ``subtitle C''; and
(3) in subsection (l), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.''
and inserting ``$17,650,000 for fiscal year 2015, $19,013,000
for fiscal year 2016, $19,408,000 for fiscal year 2017,
$19,838,000 for fiscal year 2018, $20,305,000 for fiscal year
2019, and $20,735,000 for fiscal year 2020.''.
SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
(a) In General.--Title V (29 U.S.C. 791 et seq.) is amended
by adding at the end the following:
``SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
``(a) In General.--No entity, including a contractor or
subcontractor of the entity, which holds a special wage
certificate as described in section 14(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 214(c)) may compensate an
individual with a disability who is age 24 or younger at a
wage (referred to in this section as a `subminimum wage')
that is less than the Federal minimum wage unless 1 of the
following conditions is met:
``(1) The individual is currently employed, as of the
effective date of this section, by an entity that holds a
valid certificate pursuant to section 14(c) of the Fair Labor
Standards Act of 1938.
``(2) The individual, before beginning work that is
compensated at a subminimum wage, has completed, and produces
documentation indicating completion of, each of the following
actions:
``(A) The individual has received pre-employment transition
services that are available to the individual under section
113, or transition services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) such as
transition services available to the individual under section
614(d) of that Act (20 U.S.C. 1414(d)).
``(B) The individual has applied for vocational
rehabilitation services under title I, with the result that--
``(i)(I) the individual has been found ineligible for such
services pursuant to that title and has documentation
consistent with section 102(a)(5)(C) regarding the
determination of ineligibility; or
``(II)(aa) the individual has been determined to be
eligible for vocational rehabilitation services;
``(bb) the individual has an individualized plan for
employment under section 102;
[[Page H5951]]
``(cc) the individual has been working toward an employment
outcome specified in such individualized plan for employment,
with appropriate supports and services, including supported
employment services, for a reasonable period of time without
success; and
``(dd) the individual's vocational rehabilitation case is
closed; and
``(ii)(I) the individual has been provided career
counseling, and information and referrals to Federal and
State programs and other resources in the individual's
geographic area that offer employment-related services and
supports designed to enable the individual to explore,
discover, experience, and attain competitive integrated
employment; and
``(II) such counseling and information and referrals are
not for employment compensated at a subminimum wage provided
by an entity described in this subsection, and such
employment-related services are not compensated at a
subminimum wage and do not directly result in employment
compensated at a subminimum wage provided by an entity
described in this subsection.
``(b) Construction.--
``(1) Rule.--Nothing in this section shall be construed
to--
``(A) change the purpose of this Act described in section
2(b)(2), to empower individuals with disabilities to maximize
opportunities for competitive integrated employment; or
``(B) preference employment compensated at a subminimum
wage as an acceptable vocational rehabilitation strategy or
successful employment outcome, as defined in section 7(11).
``(2) Contracts.--A local educational agency (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or a State educational agency (as
defined in such section) may not enter into a contract or
other arrangement with an entity described in subsection (a)
for the purpose of operating a program for an individual who
is age 24 or younger under which work is compensated at a
subminimum wage.
``(3) Voidability.--The provisions in this section shall be
construed in a manner consistent with the provisions of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as
amended before or after the effective date of this Act.
``(c) During Employment.--
``(1) In general.--The entity described in subsection (a)
may not continue to employ an individual, regardless of age,
at a subminimum wage unless, after the individual begins work
at that wage, at the intervals described in paragraph (2),
the individual (with, in an appropriate case, the
individual's parent or guardian)--
``(A) is provided by the designated State unit career
counseling, and information and referrals described in
subsection (a)(2)(B)(ii), delivered in a manner that
facilitates independent decisionmaking and informed choice,
as the individual makes decisions regarding employment and
career advancement; and
``(B) is informed by the employer of self-advocacy, self-
determination, and peer mentoring training opportunities
available in the individual's geographic area, provided by an
entity that does not have any financial interest in the
individual's employment outcome, under applicable Federal and
State programs or other sources.
``(2) Timing.--The actions required under subparagraphs (A)
and (B) of paragraph (1) shall be carried out once every 6
months for the first year of the individual's employment at a
subminimum wage, and annually thereafter for the duration of
such employment.
``(3) Small business exception.--In the event that the
entity described in subsection (a) is a business with fewer
than 15 employees, such entity can satisfy the requirements
of subparagraphs (A) and (B) of paragraph (1) by referring
the individual, at the intervals described in paragraph (2),
to the designated State unit for the counseling, information,
and referrals described in paragraph (1)(A) and the
information described in paragraph (1)(B).
``(d) Documentation.--
``(1) In general.--The designated State unit, in
consultation with the State educational agency, shall develop
a new process or utilize an existing process, consistent with
guidelines developed by the Secretary, to document the
completion of the actions described in subparagraphs (A) and
(B) of subsection (a)(2) by a youth with a disability who is
an individual with a disability.
``(2) Documentation process.--Such process shall require
that--
``(A) in the case of a student with a disability, for
documentation of actions described in subsection (a)(2)(A)--
``(i) if such a student with a disability receives and
completes each category of required activities in section
113(b), such completion of services shall be documented by
the designated State unit in a manner consistent with this
section;
``(ii) if such a student with a disability receives and
completes any transition services available for students with
disabilities under the Individuals with Disabilities
Education Act, including those provided under section
614(d)(1)(A)(i)(VIII) (20 U.S.C. 1414(d)(1)(A)(i)(VIII)),
such completion of services shall be documented by the
appropriate school official responsible for the provision of
such transition services, in a manner consistent with this
section; and
``(iii) the designated State unit shall provide the final
documentation, in a form and manner consistent with this
section, of the completion of pre-employment transition
services as described in clause (i), or transition services
under the Individuals with Disabilities Education Act as
described in clause (ii), to the student with a disability
within a reasonable period of time following the completion;
and
``(B) when an individual has completed the actions
described in subsection (a)(2)(B), the designated State unit
shall provide the individual a document indicating such
completion, in a manner consistent with this section, within
a reasonable time period following the completion of the
actions described in this subparagraph.
``(e) Verification.--
``(1) Before employment.--Before an individual covered by
subsection (a)(2) begins work for an entity described in
subsection (a) at a subminimum wage, the entity shall review
such documentation received by the individual under
subsection (d), and provided by the individual to the entity,
that indicates that the individual has completed the actions
described in subparagraphs (A) and (B) of subsection (a)(2)
and the entity shall maintain copies of such documentation.
``(2) During employment.--
``(A) In general.--In order to continue to employ an
individual at a subminimum wage, the entity described in
subsection (a) shall verify completion of the requirements of
subsection (c), including reviewing any relevant documents
provided by the individual, and shall maintain copies of the
documentation described in subsection (d).
``(B) Review of documentation.--The entity described in
subsection (a) shall be subject to review of individual
documentation described in subsection (d) by a representative
working directly for the designated State unit or the
Department of Labor at such a time and in such a manner as
may be necessary to fulfill the intent of this section,
consistent with regulations established by the designated
State unit or the Secretary of Labor.
``(f) Federal Minimum Wage.--In this section, the term
`Federal minimum wage' means the rate applicable under
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).''.
(b) Effective Date.--This section takes effect 2 years
after the date of enactment of the Workforce Innovation and
Opportunity Act.
Subtitle G--Employment Opportunities for Individuals With Disabilities
SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
Title VI (29 U.S.C. 795 et seq.) is amended--
(1) by striking part A;
(2) by striking the part heading relating to part B;
(3) by redesignating sections 621 through 628 as sections
602 through 609, respectively;
(4) in section 602, as redesignated by paragraph (3)--
(A) by striking ``part'' and inserting ``title''; and
(B) by striking ``individuals with the most significant
disabilities'' and all that follows and inserting
``individuals with the most significant disabilities,
including youth with the most significant disabilities, to
enable such individuals to achieve an employment outcome of
supported employment in competitive integrated employment.'';
(5) in section 603, as redesignated by paragraph (3)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``part'' and inserting ``title'';
(II) in subparagraph (A), by inserting ``amount'' after
``whichever''; and
(III) in subparagraph (B)--
(aa) by striking ``part for the fiscal year'' and inserting
``title for the fiscal year'';
(bb) by striking ``this part in fiscal year 1992'' and
inserting ``part B of this title (as in effect on September
30, 1992) in fiscal year 1992''; and
(cc) by inserting ``amount'' after ``whichever''; and
(ii) in paragraph (2)(B), by striking ``one-eighth of one
percent'' and inserting ``\1/8\ of 1 percent'';
(B) in subsection (b)--
(i) by inserting ``under subsection (a)'' after ``allotment
to a State'';
(ii) by striking ``part'' each place the term appears and
inserting ``title''; and
(iii) by striking ``one or more'' and inserting ``1 or
more''; and
(C) by adding at the end the following:
``(c) Limitations on Administrative Costs.--A State that
receives an allotment under this title shall not use more
than 2.5 percent of such allotment to pay for administrative
costs.
``(d) Services for Youth With the Most Significant
Disabilities.--A State that receives an allotment under this
title shall reserve and expend half of such allotment for the
provision of supported employment services, including
extended services, to youth with the most significant
disabilities in order to assist those youth in achieving an
employment outcome in supported employment.'';
(6) by striking section 604, as redesignated by paragraph
(3), and inserting the following:
``SEC. 604. AVAILABILITY OF SERVICES.
``(a) Supported Employment Services.--Funds provided under
this title may be used to provide supported employment
services to individuals who are eligible under this title.
``(b) Extended Services.--
``(1) In general.--Except as provided in paragraph (2),
funds provided under this title, or title I, may not be used
to provide extended services to individuals under this title
or title I.
``(2) Extended services for youth with the most significant
disabilities.--Funds allotted under this title, or title I,
and used for the provision of services under this title to
youth with the most significant disabilities pursuant to
section 603(d), may be used to provide extended services to
youth with the most significant disabilities. Such extended
services shall be available for a period not to exceed 4
years.'';
(7) in section 605, as redesignated by paragraph (3)--
(A) in the matter preceding paragraph (1)--
[[Page H5952]]
(i) by inserting ``, including a youth with a disability,''
after ``An individual''; and
(ii) by striking ``this part'' and inserting ``this
title'';
(B) in paragraph (1), by inserting ``under title I'' after
``rehabilitation services'';
(C) in paragraph (2), by striking ``and'' after the
semicolon;
(D) by redesignating paragraph (3) as paragraph (4);
(E) by inserting after paragraph (2) the following:
``(3) for purposes of activities carried out with funds
described in section 603(d), the individual is a youth with a
disability, as defined in section (7)(42); and''; and
(F) in paragraph (4), as redesignated by subparagraph (D),
by striking ``assessment of rehabilitation needs'' and
inserting ``assessment of the rehabilitation needs'';
(8) in section 606, as redesignated by paragraph (3)--
(A) in subsection (a)--
(i) by striking ``this part'' and inserting ``this title'';
and
(ii) by inserting ``, including youth with the most
significant disabilities,'' after ``individuals'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``this part'' and
inserting ``this title'';
(ii) in paragraph (2), by inserting ``, including youth,''
after ``rehabilitation needs of individuals'';
(iii) in paragraph (3)--
(I) by inserting ``, including youth with the most
significant disabilities,'' after ``provided to
individuals''; and
(II) by striking ``section 622'' and inserting ``section
603'';
(iv) by striking paragraph (7);
(v) by redesignating paragraph (6) as paragraph (7);
(vi) by inserting after paragraph (5) the following:
``(6) describe the activities to be conducted pursuant to
section 603(d) for youth with the most significant
disabilities, including--
``(A) the provision of extended services for a period not
to exceed 4 years; and
``(B) how the State will use the funds reserved in section
603(d) to leverage other public and private funds to increase
resources for extended services and expand supported
employment opportunities for youth with the most significant
disabilities;'';
(vii) in paragraph (7), as redesignated by clause (v)--
(I) in subparagraph (A), by striking ``under this part''
both places the term appears and inserting ``under this
title'';
(II) in subparagraph (B), by inserting ``, including youth
with the most significant disabilities,'' after ``significant
disabilities'';
(III) in subparagraph (C)--
(aa) in clause (i), by inserting ``, including, as
appropriate, for youth with the most significant
disabilities, transition services and pre-employment
transition services'' after ``services to be provided'';
(bb) in clause (ii), by inserting ``, including the
extended services that may be provided to youth with the most
significant disabilities under this title, in accordance with
an approved individualized plan for employment, for a period
not to exceed 4 years'' after ``services needed''; and
(cc) in clause (iii)--
(AA) by striking ``identify the source of extended
services,'' and inserting ``identify, as appropriate, the
source of extended services,'';
(BB) by striking ``or to the extent'' and inserting ``or
indicate''; and
(CC) by striking ``employment is developed'' and all that
follows and inserting ``employment is developed;''
(IV) in subparagraph (D), by striking ``under this part''
and inserting ``under this title'';
(V) in subparagraph (F), by striking ``and'' after the
semicolon;
(VI) in subparagraph (G), by striking ``for the maximum
number of hours possible''; and
(VII) by adding at the end the following:
``(H) the State agencies designated under paragraph (1)
will expend not more than 2.5 percent of the allotment of the
State under this title for administrative costs of carrying
out this title; and
``(I) with respect to supported employment services
provided to youth with the most significant disabilities
pursuant to section 603(d), the designated State agency will
provide, directly or indirectly through public or private
entities, non-Federal contributions in an amount that is not
less than 10 percent of the costs of carrying out such
services; and'';
(9) by striking section 607, as redesignated by paragraph
(3), and inserting the following:
``SEC. 607. RESTRICTION.
``Each State agency designated under section 606(b)(1)
shall collect the information required by section 101(a)(10)
separately for--
``(1) eligible individuals receiving supported employment
services under this title;
``(2) eligible individuals receiving supported employment
services under title I;
``(3) eligible youth receiving supported employment
services under this title; and
``(4) eligible youth receiving supported employment
services under title I.'';
(10) in section 608(b), as redesignated by paragraph (3),
by striking ``this part'' both places the terms appears and
inserting ``this title''; and
(11) by striking section 609, as redesignated by paragraph
(3), and inserting the following:
``SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE
INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH
DISABILITIES.
``(a) Establishment.--Not later than 60 days after the date
of enactment of the Workforce Innovation and Opportunity Act,
the Secretary of Labor shall establish an Advisory Committee
on Increasing Competitive Integrated Employment for
Individuals with Disabilities (referred to in this section as
the `Committee').
``(b) Appointment and Vacancies.--
``(1) Appointment.--The Secretary of Labor shall appoint
the members of the Committee described in subsection (c)(6),
in accordance with subsection (c).
``(2) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner, in
accordance with the same paragraph of subsection (c), as the
original appointment or designation was made.
``(c) Composition.--The Committee shall be composed of--
``(1) the Assistant Secretary for Disability Employment
Policy, the Assistant Secretary for Employment and Training,
and the Administrator of the Wage and Hour Division, of the
Department of Labor;
``(2) the Commissioner of the Administration on
Intellectual and Developmental Disabilities, or the
Commissioner's designee;
``(3) the Director of the Centers for Medicare & Medicaid
Services of the Department of Health and Human Services, or
the Director's designee;
``(4) the Commissioner of Social Security, or the
Commissioner's designee;
``(5) the Commissioner of the Rehabilitation Services
Administration, or the Commissioner's designee; and
``(6) representatives from constituencies consisting of--
``(A) self-advocates for individuals with intellectual or
developmental disabilities;
``(B) providers of employment services, including those
that employ individuals with intellectual or developmental
disabilities in competitive integrated employment;
``(C) representatives of national disability advocacy
organizations for adults with intellectual or developmental
disabilities;
``(D) experts with a background in academia or research and
expertise in employment and wage policy issues for
individuals with intellectual or developmental disabilities;
``(E) representatives from the employer community or
national employer organizations; and
``(F) other individuals or representatives of organizations
with expertise on increasing opportunities for competitive
integrated employment for individuals with disabilities.
``(d) Chairperson.--The Committee shall elect a Chairperson
of the Committee from among the appointed members of the
Committee.
``(e) Meetings.--The Committee shall meet at the call of
the Chairperson, but not less than 8 times.
``(f) Duties.--The Committee shall study, and prepare
findings, conclusions, and recommendations for the Secretary
of Labor on--
``(1) ways to increase the employment opportunities for
individuals with intellectual or developmental disabilities
or other individuals with significant disabilities in
competitive integrated employment;
``(2) the use of the certificate program carried out under
section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) for the employment of individuals with
intellectual or developmental disabilities, or other
individuals with significant disabilities; and
``(3) ways to improve oversight of the use of such
certificates.
``(g) Committee Personnel Matters.--
``(1) Travel expenses.--The members of the Committee shall
not receive compensation for the performance of services for
the Committee, but shall be allowed reasonable travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Committee. Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept the
voluntary and uncompensated services of members of the
Committee.
``(2) Staff.--The Secretary of Labor may designate such
personnel as may be necessary to enable the Committee to
perform its duties.
``(3) Detail of government employees.--Any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
``(4) Facilities, equipment, and services.--The Secretary
of Labor shall make available to the Committee, under such
arrangements as may be appropriate, necessary equipment,
supplies, and services.
``(h) Reports.--
``(1) Interim and final reports.--The Committee shall
prepare and submit to the Secretary of Labor, as well as the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of
the House of Representatives--
``(A) an interim report that summarizes the progress of the
Committee, along with any interim findings, conclusions, and
recommendations as described in subsection (f); and
``(B) a final report that states final findings,
conclusions, and recommendations as described in subsection
(f).
``(2) Preparation and submission.--The reports shall be
prepared and submitted--
``(A) in the case of the interim report, not later than 1
year after the date on which the Committee is established
under subsection (a); and
``(B) in the case of the final report, not later than 2
years after the date on which the Committee is established
under subsection (a).
``(i) Termination.--The Committee shall terminate on the
day after the date on which the Committee submits the final
report.
``SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
title $27,548,000 for fiscal year
[[Page H5953]]
2015, $29,676,000 for fiscal year 2016, $30,292,000 for
fiscal year 2017, $30,963,000 for fiscal year 2018,
$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal
year 2020.''.
Subtitle H--Independent Living Services and Centers for Independent
Living
CHAPTER 1--INDIVIDUALS WITH SIGNIFICANT DISABILITIES
Subchapter A--General Provisions
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph (3)--
(1) by striking ``part B of title VI'' and inserting
``title VI''; and
(2) by inserting before the period the following: ``, with
the goal of improving the independence of individuals with
disabilities''.
SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting
after section 701 the following:
``SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING
PROGRAM.
``There is established within the Administration for
Community Living of the Department of Health and Human
Services, an Independent Living Administration. The
Independent Living Administration shall be headed by a
Director (referred to in this section as the `Director')
appointed by the Secretary of Health and Human Services. The
Director shall be an individual with substantial knowledge of
independent living services. The Independent Living
Administration shall be the principal agency, and the
Director shall be the principal officer, to carry out this
chapter. In performing the functions of the office, the
Director shall be directly responsible to the Administrator
of the Administration for Community Living of the Department
of Health and Human Services. The Secretary shall ensure that
the Independent Living Administration has sufficient
resources (including designating at least 1 individual from
the Office of General Counsel who is knowledgeable about
independent living services) to provide technical assistance
and support to, and oversight of, the programs funded under
this chapter.''.
SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by inserting
``for individuals with significant disabilities (regardless
of age or income)'' before ``that--''; and
(B) in subparagraph (B), by striking the period and
inserting ``, including, at a minimum, independent living
core services as defined in section 7(17).'';
(2) in paragraph (2), by striking the period and inserting
the following: ``, in terms of the management, staffing,
decisionmaking, operation, and provisions of services, of the
center.'';
(3) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(4) by inserting before paragraph (2) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Administration for Community Living of
the Department of Health and Human Services.''.
SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``State plan'' the following:
``developed and signed in accordance with paragraph (2),'';
and
(ii) by striking ``Commissioner'' each place it appears and
inserting ``Administrator'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``developed and signed by''; and
(ii) by striking subparagraphs (A) and (B) and inserting
the following:
``(A) developed by the chairperson of the Statewide
Independent Living Council, and the directors of the centers
for independent living in the State, after receiving public
input from individuals with disabilities and other
stakeholders throughout the State; and
``(B) signed by--
``(i) the chairperson of the Statewide Independent Living
Council, acting on behalf of and at the direction of the
Council;
``(ii) the director of the designated State entity
described in subsection (c); and
``(iii) not less than 51 percent of the directors of the
centers for independent living in the State.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``State independent
living services'' and inserting ``independent living services
in the State''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) working relationships and collaboration between--
``(i) centers for independent living; and
``(ii)(I) entities carrying out programs that provide
independent living services, including those serving older
individuals;
``(II) other community-based organizations that provide or
coordinate the provision of housing, transportation,
employment, information and referral assistance, services,
and supports for individuals with significant disabilities;
and
``(III) entities carrying out other programs providing
services for individuals with disabilities.''.
(D) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(E) by adding at the end the following:
``(5) Statewideness.--The State plan shall describe
strategies for providing independent living services on a
statewide basis, to the greatest extent possible.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Unit'' and
inserting ``Entity'';
(B) in the matter preceding paragraph (1), by striking
``the designated State unit of such State'' and inserting ``a
State entity of such State (referred to in this title as the
`designated State entity')'';
(C) in paragraphs (3) and (4), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
(D) in paragraph (3), by striking ``and'' at the end;
(E) in paragraph (4), by striking the period and inserting
``; and''; and
(F) by adding at the end the following:
``(5) retain not more than 5 percent of the funds received
by the State for any fiscal year under part B, for the
performance of the services outlined in paragraphs (1)
through (4).'';
(3) in subsection (i), by striking paragraphs (1) and (2)
and inserting the following:
``(1) the Statewide Independent Living Council;
``(2) centers for independent living;
``(3) the designated State entity; and
``(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.'';
(4) in subsection (m)--
(A) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(B) in paragraph (5), by striking ``Commissioner'' and
inserting ``Administrator''; and
(5) by adding at the end the following:
``(o) Promoting Full Access to Community Life.--The plan
shall describe how the State will provide independent living
services described in section 7(18) that promote full access
to community life for individuals with significant
disabilities.''.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended--
(1) in subsection (a), by inserting ``and maintain'' after
``shall establish'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``among its voting members,'' before ``at
least''; and
(II) by striking ``one'' and inserting ``1''; and
(ii) by striking subparagraphs (B) and (C) and inserting
the following:
``(B) among its voting members, for a State in which 1 or
more centers for independent living are run by, or in
conjunction with, the governing bodies of American Indian
tribes located on Federal or State reservations, at least 1
representative of the directors of such centers; and
``(C) as ex officio, nonvoting members, a representative of
the designated State entity, and representatives from State
agencies that provide services for individuals with
disabilities.'';
(B) in paragraph (3)--
(i) by redesignating subparagraphs (C) through (F) as
subparagraphs (D) through (G), respectively;
(ii) in subparagraph (B), by striking ``parents and
guardians of''; and
(iii) by inserting after paragraph (B) the following:
``(C) parents and guardians of individuals with
disabilities;'';
(C) in paragraph (5)(B), by striking ``paragraph (3)'' and
inserting ``paragraph (1)''; and
(D) in paragraph (6)(B), by inserting ``, other than a
representative described in paragraph (2)(A) if there is only
one center for independent living within the State,'' after
``the Council'';
(3) by striking subsection (c) and inserting the following:
``(c) Functions.--
``(1) Duties.--The Council shall--
``(A) develop the State plan as provided in section
704(a)(2);
``(B) monitor, review, and evaluate the implementation of
the State plan;
``(C) meet regularly, and ensure that such meetings of the
Council are open to the public and sufficient advance notice
of such meetings is provided;
``(D) submit to the Administrator such periodic reports as
the Administrator may reasonably request, and keep such
records, and afford such access to such records, as the
Administrator finds necessary to verify the information in
such reports; and
``(E) as appropriate, coordinate activities with other
entities in the State that provide services similar to or
complementary to independent living services, such as
entities that facilitate the provision of or provide long-
term community-based services and supports.
``(2) Authorities.--The Council may, consistent with the
State plan described in section 704, unless prohibited by
State law--
``(A) in order to improve services provided to individuals
with disabilities, work with centers for independent living
to coordinate services with public and private entities;
``(B) conduct resource development activities to support
the activities described in this subsection or to support the
provision of independent living services by centers for
independent living; and
``(C) perform such other functions, consistent with the
purpose of this chapter and comparable to other functions
described in this subsection, as the Council determines to be
appropriate.
``(3) Limitation.--The Council shall not provide
independent living services directly to individuals with
significant disabilities or manage such services.'';
(4) in subsection (e)--
(A) in paragraph (1), in the first sentence, by striking
``prepare'' and all that follows through ``a plan'' and
inserting ``prepare, in conjunction with the designated State
entity, a plan''; and
(B) in paragraph (3), by striking ``State agency'' and
inserting ``State entity''; and
(5) in subsection (f)--
[[Page H5954]]
(A) by striking ``such resources'' and inserting
``available resources''; and
(B) by striking ``(including'' and all that follows through
``compensation'' and inserting ``(such as personal assistance
services), and to pay reasonable compensation''.
SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR.
Section 706 (29 U.S.C. 796d-1) is amended--
(1) by striking the title of the section and inserting the
following:
``SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Commissioner'' and
inserting ``Administrator''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by inserting ``or the Commissioner'' after ``to the
Secretary''; and
(bb) by striking ``to the Commissioner; and'' and inserting
``to the Administrator;'';
(II) by redesignating clause (ii) as clause (iii); and
(III) by inserting after clause (i) the following:
``(ii) to the State agency shall be deemed to be references
to the designated State entity; and'';
(3) by striking subsection (b) and inserting the following:
``(b) Indicators.--Not later than 1 year after the date of
enactment of the Workforce Innovation and Opportunity Act,
the Administrator shall develop and publish in the Federal
Register indicators of minimum compliance for centers for
independent living (consistent with the standards set forth
in section 725), and indicators of minimum compliance for
Statewide Independent Living Councils.'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' each place it appears and
inserting ``Administrator''; and
(ii) by striking the last sentence;
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``Commissioner'' and inserting ``Administrator'';
(ii) in subparagraph (A), by striking ``such a review'' and
inserting ``a review described in paragraph (1)''; and
(iii) in subparagraphs (A) and (B), by striking
``Department'' each place it appears and inserting
``Department of Health and Human Services''; and
(5) by striking subsection (d) and inserting the following:
``(d) Reports.--
``(1) In general.--The Director described in section 701A
shall provide to the Administrator of the Administration for
Community Living and the Administrator shall include, in an
annual report, information on the extent to which centers for
independent living receiving funds under part C have complied
with the standards and assurances set forth in section 725.
The Director may identify individual centers for independent
living in the analysis contained in that information. The
Director shall include in the report the results of onsite
compliance reviews, identifying individual centers for
independent living and other recipients of assistance under
part C.
``(2) Public availability.--The Director shall ensure that
the report described in this subsection is made publicly
available in a timely manner, including through electronic
means, in order to inform the public about the administration
and performance of programs under this Act.''.
Subchapter B--Independent Living Services
SEC. 476. ADMINISTRATION.
(a) Allotments.--Section 711 (29 U.S.C. 796e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Except'' and inserting ``After the
reservation required by section 711A is made, and except'';
and
(ii) by inserting ``the remainder of the'' before ``sums
appropriated''; and
(B) in paragraph (2)(B), by striking ``amounts made
available for purposes of this part'' and inserting
``remainder described in paragraph (1)(A)'';
(2) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(3) by adding at the end the following:
``(d) Administration.--Funds allotted or made available to
a State under this section shall be administered by the
designated State entity, in accordance with the approved
State plan.''.
(b) Training and Technical Assistance.--Part B of chapter 1
of title VII is amended by inserting after section 711 (29
U.S.C. 796e) the following:
``training and technical assistance
``Sec. 711A. (a) From the funds appropriated and made
available to carry out this part for any fiscal year,
beginning with fiscal year 2015, the Administrator shall
first reserve not less than 1.8 percent and not more than 2
percent of the funds to provide, either directly or through
grants, contracts, or cooperative agreements, training and
technical assistance to Statewide Independent Living Councils
established under section 705 for such fiscal year.
``(b) The Administrator shall conduct a survey of such
Statewide Independent Living Councils regarding training and
technical assistance needs in order to determine funding
priorities for such training and technical assistance.
``(c) To be eligible to receive a grant or enter into a
contract or cooperative agreement under this section, an
entity shall submit an application to the Administrator at
such time, in such manner, containing a proposal to provide
such training and technical assistance, and containing such
additional information, as the Administrator may require. The
Administrator shall provide for peer review of applications
by panels that include persons who are not government
employees and who have experience in the operation of such
Statewide Independent Living Councils.''.
(c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is
amended by striking ``Commissioner'' and inserting
``Administrator''.
(d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-
2) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The State may use funds received under
this part to provide the resources described in section
705(e) (but may not use more than 30 percent of the funds
paid to the State under section 712 for such resources unless
the State specifies that a greater percentage of the funds is
needed for such resources in a State plan approved under
section 706), relating to the Statewide Independent Living
Council, may retain funds under section 704(c)(5), and shall
distribute the remainder of the funds received under this
part in a manner consistent with the approved State plan for
the activities described in subsection (b).
``(b) Activities.--The State may use the remainder of the
funds described in subsection (a)--''; and
(2) in paragraph (1), by inserting ``, particularly those
in unserved areas of the State'' after ``disabilities''.
(e) Authorization of Appropriations.--Section 714 (29
U.S.C. 796e-3) is amended by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.''
and inserting ``$22,878,000 for fiscal year 2015, $24,645,000
for fiscal year 2016, $25,156,000 for fiscal year 2017,
$25,714,000 for fiscal year 2018, $26,319,000 for fiscal year
2019, and $26,877,000 for fiscal year 2020.''.
Subchapter C--Centers for Independent Living
SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended--
(1) in subsection (a)--
(A) by striking ``1999'' and inserting ``2015'';
(B) by striking ``Commissioner shall allot'' and inserting
``Administrator shall make available''; and
(C) by inserting ``, centers for independent living,''
after ``States'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking ``other
arrangements'' and inserting ``cooperative agreements'';
(ii) by striking ``For'' and all that follows through
``Commissioner'' and inserting ``From the funds appropriated
to carry out this part for any fiscal year, beginning with
fiscal year 2015, the Administrator'';
(iii) by striking ``reserve from such excess'' and
inserting ``reserve not less than 1.8 percent and not more
than 2 percent of the funds''; and
(iv) by striking ``eligible agencies'' and all that follows
and inserting ``centers for independent living and eligible
agencies for such fiscal year.'';
(B) in paragraph (2)--
(i) by striking ``Commissioner shall make grants to, and
enter into contracts and other arrangements with,'' and
inserting ``Administrator shall make grants to, or enter into
contracts or cooperative agreements with,''; and
(ii) by inserting ``fiscal management of,'' before
``planning,'';
(C) in paragraphs (3), (4), and (5), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(D) in paragraph (3), by striking ``Statewide Independent
Living Councils and'';
(3) in paragraph (4), by striking ``other arrangement'' and
inserting ``cooperative agreement'';
(4) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(5) in subsection (d), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''.
SEC. 482. CENTERS.
(a) Centers in States in Which Federal Funding Exceeds
State Funding.--Section 722 (29 U.S.C. 796f-1) is amended--
(1) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants for a
fiscal year''; and
(B) by striking ``by September 30, 1997'' and inserting
``for the preceding fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' and inserting
``Administrator''; and
(ii) by striking ``region, consistent'' and all that
follows and inserting ``region. The Administrator's
determination of the most qualified applicant shall be
consistent with the provisions in the State plan setting
forth the design of the State for establishing a statewide
network of centers for independent living.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``Commissioner'' and inserting ``Administrator''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) shall consider comments regarding the application--
``(i) by individuals with disabilities and other interested
parties within the new region proposed to be served; and
``(ii) if any, by the Statewide Independent Living Council
in the State in which the applicant is located;''; and
[[Page H5955]]
(4) in subsections (e) and (g) by striking ``Commissioner''
each place it appears and inserting ``Administrator.''.
(b) Centers in States in Which State Funding Exceeds
Federal Funding.--Section 723 (29 U.S.C. 796f-2) is amended--
(1) in subsections (a), (b), (g), (h), and (i), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (a)--
(A) in paragraph (1)(A)(ii), by inserting ``of a designated
State unit'' after ``director''; and
(B) in the heading of paragraph (3), by striking
``commissioner'' and inserting ``administrator''; and
(3) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants for a
fiscal year''; and
(B) by striking ``by September 30, 1997'' and inserting
``for the preceding fiscal year''.
(c) Centers Operated by State Agencies.--Section 724 (29
U.S.C. 796f-3) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``1993'' and inserting ``2015'';
(B) by striking ``Rehabilitation Act Amendments of 1998''
and inserting ``Workforce Innovation and Opportunity Act'';
and
(C) by striking ``1994'' and inserting ``2015''; and
(2) by striking ``Commissioner'' each place it appears and
inserting ``Administrator''.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f-4) is amended--
(1) in subsection (b)(1)(D)--
(A) by striking ``access of'' and inserting ``access for'';
and
(B) by striking ``to society and'' and inserting ``, within
their communities,''; and
(2) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f-6) is amended by striking
``such sums as may be necessary for each of the fiscal years
1999 through 2003.'' and inserting ``$78,305,000 for fiscal
year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for
fiscal year 2017, $88,013,000 for fiscal year 2018,
$90,083,000 for fiscal year 2019, and $91,992,000 for fiscal
year 2020.''.
CHAPTER 2--INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BLIND.
Chapter 2 of title VII (29 U.S.C. 796j et seq.) is amended
by inserting after section 751 the following:
``training and technical assistance
``Sec. 751A. (a) From the funds appropriated and made
available to carry out this chapter for any fiscal year,
beginning with fiscal year 2015, the Commissioner shall first
reserve not less than 1.8 percent and not more than 2 percent
of the funds to provide, either directly or through grants,
contracts, or cooperative agreements, training and technical
assistance to designated State agencies, or other providers
of independent living services for older individuals who are
blind, that are funded under this chapter for such fiscal
year.
``(b) The Commissioner shall conduct a survey of designated
State agencies that receive grants under section 752
regarding training and technical assistance needs in order to
determine funding priorities for such training and technical
assistance.
``(c) To be eligible to receive a grant or enter into a
contract or cooperative agreement under this section, an
entity shall submit an application to the Commissioner at
such time, in such manner, containing a proposal to provide
such training and technical assistance, and containing such
additional information, as the Commissioner may require. The
Commissioner shall provide for peer review of applications by
panels that include persons who are not government employees
and who have experience in the provision of services to older
individuals who are blind.''.
SEC. 487. PROGRAM OF GRANTS.
Section 752 (29 U.S.C. 796k) is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively;
(3) in subsection (c)(2)--
(A) by striking ``subsection (j)'' and inserting
``subsection (i)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(4) in subsection (g), by inserting ``, or contracts or
cooperative agreements with,'' after ``grants to'';
(5) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``subsection (j)(4)'' and
inserting ``subsection (i)(4)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by adding ``and'' after the
semicolon;
(ii) in subparagraph (B)(ii)(III), by striking ``; and''
and inserting a period; and
(iii) by striking subparagraph (C); and
(6) in subsection (i), as redesignated by paragraph (2)--
(A) in paragraph (2)(A)(ii), by inserting ``, and not
reserved under section 751A,'' after ``section 753'';
(B) in paragraph (3)(A), by inserting ``, and not reserved
under section 751A,'' after ``section 753''; and
(C) in paragraph (4)(B)(i), by striking ``subsection (i)''
and inserting ``subsection (h)''.
SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 753 (29 U.S.C. 796l) is amended by striking ``such
sums as may be necessary for each of the fiscal years 1999
through 2003.'' and inserting ``$33,317,000 for fiscal year
2015, $35,890,000 for fiscal year 2016, $36,635,000 for
fiscal year 2017, $37,448,000 for fiscal year 2018,
$38,328,000 for fiscal year 2019, and $39,141,000 for fiscal
year 2020.''.
Subtitle I--General Provisions
SEC. 491. TRANSFER OF FUNCTIONS REGARDING INDEPENDENT LIVING
TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND
SAVINGS PROVISIONS.
(a) Definitions.--For purposes of this section, unless
otherwise provided or indicated by the context--
(1) the term ``Administration for Community Living'' means
the Administration for Community Living of the Department of
Health and Human Services;
(2) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(3) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(4) the term ``Rehabilitation Services Administration''
means the Rehabilitation Services Administration of the
Office of Special Education and Rehabilitative Services of
the Department of Education.
(b) Transfer of Functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration
exercised before the effective date of this section
(including all related functions of any officer or employee
of that Administration) under chapter 1 of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796 et seq).
(c) Personnel Determinations by the Office of Management
and Budget.--The Office of Management and Budget shall--
(1) ensure that this section does not result in any net
increase in full-time equivalent employees at any Federal
agency impacted by this section; and
(2) not later than 1 year after the effective date of this
section, certify compliance with this subsection to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(d) Delegation and Assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this
section, the Administrator of the Administration for
Community Living may delegate any of the functions
transferred to the Administrator of such Administration by
subsection (b) and any function described in subsection (b)
that was transferred or granted to such Administrator after
the effective date of this section to such officers and
employees of such Administration as the Administrator may
designate, and may authorize successive redelegations of such
functions described in subsection (b) as may be necessary or
appropriate. No delegation of such functions by the
Administrator of the Administration for Community Living
under this subsection or under any other provision of this
section shall relieve such Administrator of responsibility
for the administration of such functions.
(e) Reorganization.--Except where otherwise expressly
prohibited by law or otherwise provided by this Act, the
Administrator of the Administration for Community Living is
authorized to allocate or reallocate any function transferred
under subsection (b) among the officers of such
Administration, and to consolidate, alter, or discontinue
such organizational entities in such Administration as may be
necessary or appropriate.
(f) Rules.--The Administrator of the Administration for
Community Living is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United
States Code, such rules and regulations as that Administrator
determines necessary or appropriate to administer and manage
the functions described in subsection (b) of that
Administration.
(g) Transfer and Allocations of Appropriations and
Personnel.--Except as otherwise provided in this section, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by subsection (b), subject to section 1531 of
title 31, United States Code, shall be transferred to the
Administration for Community Living. Unexpended funds
transferred pursuant to this subsection shall be used only
for the purposes for which the funds were originally
authorized and appropriated.
(h) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, is authorized to make such determinations as
may be necessary with regard to the functions transferred by
subsection (b), and to make such additional incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out the provisions of this section. The
Director of the Office of Management and Budget shall provide
for the termination of the affairs of all entities terminated
by this section and for such further measures and
dispositions as may be necessary to effectuate the purposes
of this section, with respect to such functions.
(i) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
[[Page H5956]]
(A) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under
subsection (b); and
(B) which are in effect at the time this section takes
effect, or were final before the effective date of this
section and are to become effective on or after the effective
date of this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Administrator of
the Administration for Community Living or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(2) Proceedings not affected.--The provisions of this
section shall not affect any proceedings, including notices
of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before
the Rehabilitation Services Administration at the time this
section takes effect, with respect to functions transferred
by subsection (b) but such proceedings and applications shall
be continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this section had not been
enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in
this paragraph shall be deemed to prohibit the discontinuance
or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding
could have been discontinued or modified if this section had
not been enacted.
(3) Suits not affected.--The provisions of this section
shall not affect suits commenced (with respect to functions
transferred under subsection (b)) before the effective date
of this section, and in all such suits, proceedings shall be
had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this section had not been
enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Rehabilitation
Services Administration (with regard to functions transferred
under subsection (b)), or by or against any individual in the
official capacity of such individual as an officer of the
Rehabilitation Services Administration (with regard to
functions transferred under subsection (b)), shall abate by
reason of the enactment of this section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the
Rehabilitation Services Administration (with regard to
functions transferred under subsection (b)) may be continued
by the Administration for Community Living with the same
effect as if this section had not been enacted.
(j) Separability.--If a provision of this section or its
application to any person or circumstance is held invalid,
neither the remainder of this section nor the application of
the provision to other persons or circumstances shall be
affected.
(k) References.--A reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to--
(1) the Commissioner of the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), shall be deemed to refer to the
Administrator of the Administration for Community Living; and
(2) the Rehabilitation Services Administration (with regard
to functions transferred under subsection (b)), shall be
deemed to refer to the Administration for Community Living.
(l) Transition.--The Administrator of the Administration
for Community Living is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Rehabilitation Services Administration with
regard to functions transferred under subsection (b); and
(2) funds appropriated to such functions,
for such period of time as may reasonably be needed to
facilitate the orderly implementation of this section.
(m) Administration for Community Living.--
(1) Transfer of functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration
exercised before the effective date of this section
(including all related functions of any officer or employee
of that Administration) under the Assistive Technology Act of
1998 (29 U.S.C. 3001 et seq.).
(2) Administrative matters.--Subsections (d) through (l)
shall apply to transfers described in paragraph (1).
(n) National Institute on Disability, Independent Living,
and Rehabilitation Research.--
(1) Definitions.--For purposes of this subsection, unless
otherwise provided or indicated by the context--
(A) the term ``NIDILRR'' means the National Institute on
Disability, Independent Living, and Rehabilitation Research
of the Administration for Community Living of the Department
of Health and Human Services; and
(B) the term ``NIDRR'' means the National Institute on
Disability and Rehabilitation Research of the Office of
Special Education and Rehabilitative Services of the
Department of Education.
(2) Transfer of functions.--There are transferred to the
NIDILRR, all functions which the Director of the NIDRR
exercised before the effective date of this section
(including all related functions of any officer or employee
of the NIDRR).
(3) Administrative matters.--
(A) In general.--Subsections (d) through (l) shall apply to
transfers described in paragraph (2).
(B) References.--For purposes of applying those subsections
under subparagraph (A), those subsections--
(i) shall apply to the NIDRR and the Director of the NIDRR
in the same manner and to the same extent as those
subsections apply to the Rehabilitation Services
Administration and the Commissioner of that Administration;
and
(ii) shall apply to the NIDILRR and the Director of the
NIDILRR in the same manner and to the same extent as those
subsections apply to the Administration for Community Living
and the Administrator of that Administration.
(o) References in Assistive Technology Act of 1998.--
(1) Secretary.--Section 3(13) of the Assistive Technology
Act of 1998 (29 U.S.C. 3002(13)) is amended by striking
``Education'' and inserting ``Health and Human Services''.
(2) National activities.--Section 6(d)(4) of the Assistive
Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by
striking ``Education'' and inserting ``Health and Human
Services''.
(3) General administration.--Section 7 of the Assistive
Technology Act of 1998 (29 U.S.C. 3006) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``the Assistant
Secretary'' and all that follows through ``Rehabilitation
Services Administration,'' and inserting ``the Administrator
of the Administration for Community Living'';
(ii) in paragraph (2), by striking ``The Assistant
Secretary'' and all that follows and inserting ``The
Administrator of the Administration for Community Living
shall consult with the Office of Special Education Programs
of the Department of Education, the Rehabilitation Services
Administration of the Department of Education, the Office of
Disability Employment Policy of the Department of Labor, the
National Institute on Disability, Independent Living, and
Rehabilitation Research, and other appropriate Federal
entities in the administration of this Act.''; and
(iii) in paragraph (3), by striking ``the Rehabilitation
Services Administration'' and inserting ``the Administrator
of the Administration for Community Living''; and
(B) in subsection (c)(5), by striking ``Education'' and
inserting ``Health and Human Services''.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended--
(1) by striking the item relating to section 109 and
inserting the following:
``Sec. 109. Training and services for employers.'';
(2) by inserting after the item relating to section 112 the
following:
``Sec. 113. Provision of pre-employment transition services.'';
(3) by striking the item relating to section 202 and
inserting the following:
``Sec. 202. National Institute on Disability, Independent Living, and
Rehabilitation Research.'';
(4) by striking the item relating to section 205 and
inserting the following:
``Sec. 205. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
``Sec. 206. Definition of covered school.'';
(5) by striking the items relating to sections 304, 305,
and 306 and inserting the following:
``Sec. 304. Measuring of project outcomes and performance.''.
(6) by inserting after the item relating to section 509 the
following:
``Sec. 511. Limitations on use of subminimum wage.'';
(7) by striking the items relating to title VI and
inserting the following:
``TITLE VI--EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
``Sec. 601. Short title.
``Sec. 602. Purpose.
``Sec. 603. Allotments.
``Sec. 604. Availability of services.
``Sec. 605. Eligibility.
``Sec. 606. State plan.
``Sec. 607. Restriction.
``Sec. 608. Savings provision.
``Sec. 609. Advisory Committee on Increasing Competitive Integrated
Employment for Individuals with Disabilities.
``Sec. 610. Authorization of appropriations.''; and
(8) in the items relating to title VII--
(A)(i) by inserting after the item relating to section 701
the following:
``Sec. 701A. Administration of the independent living program.'';
and
(ii) by striking the item relating to section 706 and
inserting the following:
``Sec. 706. Responsibilities of the Administrator.'';
(B) by inserting after the item relating to section 711 the
following:
``Sec. 711A. Training and technical assistance.'';
and
(C) by inserting after the item relating to section 751 the
following:
``Sec. 751A. Training and technical assistance.''.
[[Page H5957]]
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
SEC. 501. PRIVACY.
(a) Section 444 of the General Education Provisions Act.--
Nothing in this Act (including the amendments made by this
Act) shall be construed to supersede the privacy protections
afforded parents and students under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
(b) Prohibition on Development of National Database.--
(1) In general.--Nothing in this Act (including the
amendments made by this Act) shall be construed to permit the
development of a national database of personally identifiable
information on individuals receiving services under title I
or under the amendments made by title IV.
(2) Limitation.--Nothing in paragraph (1) shall be
construed to prevent the proper administration of national
programs under subtitles C and D of title I, or the
amendments made by title IV (as the case may be), or to carry
out program management activities consistent with title I or
the amendments made by title IV (as the case may be).
SEC. 502. BUY-AMERICAN REQUIREMENTS.
(a) Compliance With Buy American Act.--None of the funds
made available under title I or II or under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) may be expended by an entity
unless the entity agrees that in expending the funds the
entity will comply with sections 8301 through 8303 of title
41, United States Code (commonly known as the ``Buy American
Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available under title I or II or under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), it is the sense of
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available under title I
or II or under the Wagner-Peyser Act, the head of each
Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in
paragraph (1) by Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available under title I or II or under the Wagner-Peyser Act
(29 U.S.C. 49 et seq.), pursuant to the debarment,
suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal
Regulations, as such sections were in effect on August 7,
1998, or pursuant to any successor regulations.
SEC. 503. TRANSITION PROVISIONS.
(a) Workforce Development Systems and Investment
Activities.--The Secretary of Labor and the Secretary of
Education shall take such actions as the Secretaries
determine to be appropriate to provide for the orderly
transition from any authority under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.) to any authority under
subtitle A of title I. Such actions shall include the
provision of guidance related to unified State planning,
combined State planning, and the performance accountability
system described in such subtitle.
(b) Workforce Investment Activities.--The Secretary of
Labor shall take such actions as the Secretary determines to
be appropriate to provide for the orderly transition from any
authority under the Workforce Investment Act of 1998 to any
authority under subtitles B through E of title I.
(c) Adult Education and Literacy Programs.--The Secretary
of Education shall take such actions as the Secretary
determines to be appropriate to provide for the orderly
transition from any authority under the Adult Education and
Family Literacy Act (20 U.S.C. 9201 et seq.), as in effect on
the day before the date of enactment of this Act, to any
authority under the Adult Education and Family Literacy Act,
as amended by this Act.
(d) Employment Services Activities.--The Secretary of Labor
shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any
authority under the Wagner-Peyser Act (29 U.S.C. 49 et seq.),
as in effect on the day before the date of enactment of this
Act, to any authority under the Wagner-Peyser Act, as amended
by this Act.
(e) Vocational Rehabilitation Programs.--The Secretary of
Education and the Secretary of Health and Human Services
shall take such actions as the Secretaries determine to be
appropriate to provide for the orderly transition from any
authority under the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), as in effect on the day before the date of
enactment of this Act, to any authority under the
Rehabilitation Act of 1973, as amended by this Act.
(f) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Labor,
the Secretary of Education, and the Secretary of Health and
Human Services, as appropriate, shall develop and publish in
the Federal Register proposed regulations relating to the
transition to, and implementation of, this Act (including the
amendments made by this Act).
(2) Final regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretaries described in
paragraph (1), as appropriate, shall develop and publish in
the Federal Register final regulations relating to the
transition to, and implementation of, this Act (including the
amendments made by this Act).
(g) Expenditure of Funds During Transition.--
(1) In general.--Subject to paragraph (2) and in accordance
with regulations developed under subsection (f), States,
grant recipients, administrative entities, and other
recipients of financial assistance under the Workforce
Investment Act of 1998 may expend funds received under such
Act in order to plan and implement programs and activities
authorized under this Act.
(2) Additional requirements.--Not more than 2 percent of
any allotment to any State from amounts appropriated under
the Workforce Investment Act of 1998 for fiscal year 2014 may
be made available to carry out activities authorized under
paragraph (1) and not less than 50 percent of any amount used
to carry out activities authorized under paragraph (1) shall
be made available to local entities for the purposes of the
activities described in such paragraph.
SEC. 504. REDUCTION OF REPORTING BURDENS AND REQUIREMENTS.
In order to simplify reporting requirements and reduce
reporting burdens, the Secretary of Labor, the Secretary of
Education, and the Secretary of Health and Human Services
shall establish procedures and criteria under which a State
board and local board may reduce reporting burdens and
requirements under this Act (including the amendments made by
this Act).
SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND STATE
DATABASES AND DATA EXCHANGE AGREEMENTS.
(a) In General.--The Comptroller General of the United
States shall prepare and submit an interim report and a final
report to Congress regarding existing Federal and State
databases and data exchange agreements, as of the date of the
report, that contain job training information relevant to the
administration of programs authorized under this Act and the
amendments made by this Act.
(b) Requirements.--The report required under subsection (a)
shall--
(1) list existing Federal and State databases and data
exchange agreements described in subsection (a) and, for
each, describe--
(A) the purposes of the database or agreement;
(B) the data elements, such as wage and employment
outcomes, contained in the database or accessible under the
agreement;
(C) the data elements described in subparagraph (B) that
are shared between States;
(D) the Federal and State workforce training programs from
which each Federal and State database derives the data
elements described in subparagraph (B);
(E) the number and type of Federal and State agencies
having access to such data;
(F) the number and type of private research organizations
having access to, through grants, contracts, or other
agreements, such data; and
(G) whether the database or data exchange agreement
provides for opt-out procedures for individuals whose data is
shared through the database or data exchange agreement;
(2) study the effects that access by State workforce
agencies and the Secretary of Labor to the databases and data
exchange agreements described in subsection (a) would have on
efforts to carry out this Act and the amendments made by this
Act, and on individual privacy;
(3) explore opportunities to enhance the quality,
reliability, and reporting frequency of the data included in
such databases and data exchange agreements;
(4) describe, for each database or data exchange agreement
considered by the study described in subsection (a), the
number of individuals whose data is contained in each
database or accessible through the data agreement, and the
specific data elements contained in each that could be used
to personally identify an individual;
(5) include the number of data breaches having occurred
since 2004 to data systems administered by Federal and State
agencies;
(6) include the number of data breaches regarding any type
of personal data having occurred since 2004 to private
research organizations with whom Federal and State agencies
contract for studies; and
(7) include a survey of the security protocols used for
protecting personal data, including best practices shared
amongst States for access to, and administration of, data
elements stored and recommendations for improving security
protocols for the safe warehousing of data elements.
(c) Timing of Reports.--
(1) Interim report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
prepare and submit to Congress an interim report regarding
the initial findings of the report required under this
section.
(2) Final report.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall
prepare and submit to Congress the final report required
under this section.
SEC. 506. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act,
this Act, including the amendments made by this Act, shall
take effect on the first day of the first full program year
after the date of enactment of this Act.
(b) Application Date for Workforce Development Performance
Accountability System.--
(1) In general.--Section 136 of the Workforce Investment
Act of 1998 (29 U.S.C. 2871), as in effect on the day before
the date of enactment of this Act, shall apply in lieu of
section 116 of this Act, for the first full program year
after the date of enactment of this Act.
[[Page H5958]]
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in section
136 of the Workforce Investment Act of 1998 to a provision in
such Act (29 U.S.C. 2801 et seq.), other than to a provision
in such section or section 112 of such Act, shall be deemed
to refer to the corresponding provision of this Act;
(B) the terms ``local area'', ``local board'', ``one-stop
partner'', and ``State board'' have the meanings given the
terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms used in
such section 136 shall have the meanings given the terms in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801);
(D) any agreement negotiated and reached under section
136(c)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2871(c)(2)) shall remain in effect, until a new agreement is
so negotiated and reached, for that first full program year;
(E) if a State or local area fails to meet levels of
performance under subsection (g) or (h), respectively, of
section 136 of the Workforce Investment Act of 1998 during
that first full program year, the sanctions provided under
such subsection shall apply during the second full program
year after the date of enactment of this Act; and
(F) the Secretary shall use an amount retained, as a result
of a reduction in an allotment to a State made under section
136(g)(1)(B) of such Act (29 U.S.C. 2871(g)(1)(B)), to
provide technical assistance as described in subsections
(f)(1) and (g)(1) of section 116 of this Act, in lieu of
incentive grants under section 503 of the Workforce
Investment Act of 1998 (20 U.S.C. 9273) as provided in
section 136(g)(2) of such Act (29 U.S.C. 2871(g)(2)).
(c) Application Date for State and Local Plan Provisions.--
(1) Implementation.--Sections 112 and 118 of the Workforce
Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect
on the day before the date of enactment of this Act, shall
apply to implementation of State and local plans, in lieu of
sections 102 and 103, and section 108, respectively, of this
Act, for the first full program year after the date of
enactment of this Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in section
112 or 118 of the Workforce Investment Act of 1998 to a
provision in such Act (29 U.S.C. 2801 et seq.), other than to
a provision in or to either such section or to section 136 of
such Act, shall be deemed to refer to the corresponding
provision of this Act;
(B) the terms ``local area'', ``local board'', ``one-stop
partner'', and``State board'' have the meanings given the
terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms used in
such section 112 or 118 shall have the meanings given the
terms in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801); and
(D) section 112(b)(18)(D) of the Workforce Investment Act
of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not apply.
(3) Submission.--Sections 102, 103, and 108 of this Act
shall apply to plans for the second full program year after
the date of enactment, including the development, submission,
and approval of such plans during the first full program year
after such date.
(d) Disability Provisions.--Except as otherwise provided in
title IV of this Act, title IV, and the amendments made by
title IV, shall take effect on the date of enactment of this
Act.
Subtitle B--Amendments to Other Laws
SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT OF 1998.
(a) Workforce Investment Act of 1998.--The Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) is repealed.
(b) Grants to States for Workplace and Community Transition
Training for Incarcerated Individuals.--Section 821 of the
Higher Education Amendments of 1998 (20 U.S.C. 1151) is
repealed.
SEC. 512. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act
of 1998.--Section 414(c)(3)(C) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a(3)(C)) is amended by striking ``entities
involved in administering the workforce investment system
established under title I of the Workforce Investment Act of
1998'' and inserting ``entities involved in administering the
workforce development system, as defined in section 3 of the
Workforce Innovation and Opportunity Act''.
(b) Assistive Technology Act of 1998.--The Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended as
follows:
(1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is
amended by striking ``such as a one-stop partner, as defined
in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)'' and inserting ``such as a one-stop partner, as
defined in section 3 of the Workforce Innovation and
Opportunity Act''.
(2) Section 4 of such Act (29 U.S.C. 3003) is amended--
(A) in subsection (c)(2)(B)(i)(IV), by striking ``a
representative of the State workforce investment board
established under section 111 of the Workforce Investment Act
of 1998 (29 U.S.C. 2821)'' and inserting ``a representative
of the State workforce development board established under
section 101 of the Workforce Innovation and Opportunity
Act''; and
(B) in subsection (e)--
(i) in paragraph (2)(D)(i), by striking ``such as one-stop
partners, as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801),'' and inserting
``such as one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act,''; and
(ii) in paragraph (3)(B)(ii)(I)(aa), by striking ``with
entities in the statewide and local workforce investment
systems established under the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.),'' and inserting ``with
entities in the statewide and local workforce development
systems established under the Workforce Innovation and
Opportunity Act,''.
(c) Alaska Natural Gas Pipeline Act.--Section 113(a)(2) of
the Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is
amended by striking ``consistent with the vision and goals
set forth in the State of Alaska Unified Plan, as developed
pursuant to the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.)'' and inserting ``consistent with the vision
and goals set forth in the State of Alaska unified plan or
combined plan, as appropriate, as developed pursuant to
section 102 or 103, as appropriate, of the Workforce
Innovation and Opportunity Act''.
(d) Atomic Energy Defense Act.--Section 4604(c)(6)(A) of
the Atomic Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is
amended by striking ``programs carried out by the Secretary
of Labor under the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``programs carried out by the Secretary
of Labor under title I of the Workforce Innovation and
Opportunity Act''.
(e) Carl D. Perkins Career and Technical Education Act of
2006.--The Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.) is amended as follows:
(1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2)) is
amended--
(A) in the paragraph heading, by striking ``Public law 105-
220'' and inserting ``Workforce innovation and opportunity
act''; and
(B) by striking ``functions and activities carried out
under Public Law 105-220'' and inserting ``functions and
activities carried out under the Workforce Innovation and
Opportunity Act''.
(2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4)) is
amended--
(A) in subparagraph (A), by striking ``activities
undertaken by the State boards under section 111 of Public
Law 105-220'' and inserting ``activities undertaken by the
State boards under section 101 of the Workforce Innovation
and Opportunity Act''; and
(B) in subparagraph (B), by striking ``the service delivery
system under section 121 of Public Law 105-220'' and
inserting ``the one-stop delivery system under section 121 of
the Workforce Innovation and Opportunity Act''.
(3) Section 122 of such Act (20 U.S.C. 2342) is amended--
(A) in subsection (b)(1)(A)(viii), by striking ``entities
participating in activities described in section 111 of
Public Law 105-220'' and inserting ``entities participating
in activities described in section 101 of the Workforce
Innovation and Opportunity Act'';
(B) in subsection (c)(20), by striking ``the description
and information specified in sections 112(b)(8) and 121(c) of
Public Law 105-220 concerning the provision of services only
for postsecondary students and school dropouts'' and
inserting ``the description and information specified in
subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as
appropriate, section 103(b)(3)(A), and section 121(c), of the
Workforce Innovation and Opportunity Act concerning the
provision of services only for postsecondary students and
school dropouts''; and
(C) in subsection (d)(2)--
(i) in the paragraph heading, by striking ``501 plan'' and
inserting ``combined plan''; and
(ii) by striking ``as part of the plan submitted under
section 501 of Public Law 105-220'' and inserting ``as part
of the plan submitted under section 103 of the Workforce
Innovation and Opportunity Act''.
(4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13))
is amended by striking ``such as through referral to the
system established under section 121 of Public Law 105-220''
and inserting ``such as through referral to the system
established under section 121 of the Workforce Innovation and
Opportunity Act''.
(5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5)) is
amended by striking ``entities participating in activities
described in section 117 of Public Law 105-220 (if
applicable)'' and inserting ``entities participating in
activities described in section 107 of the Workforce
Innovation and Opportunity Act (if applicable)''.
(6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16))
is amended by striking ``such as through referral to the
system established under section 121 of Public Law 105-220
(29 U.S.C. 2801 et seq.)'' and inserting ``such as through
referral to the system established under section 121 of the
Workforce Innovation and Opportunity Act''.
(7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1)) is
amended by striking ``Chapters 4 and 5 of subtitle B of title
I of Public Law 105-220'' and inserting ``Chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act''.
(f) Community Services Block Grant Act.--Section 676(b)(5)
of the Community Services Block Grant Act (42 U.S.C.
9908(b)(5)) is amended by striking ``the eligible entities
will coordinate the provision of employment and training
activities, as defined in section 101 of such Act, in the
State and in communities with entities providing activities
through statewide and local workforce investment systems
under the Workforce Investment Act of 1998'' and inserting
``the eligible entities will coordinate the provision of
employment and training activities, as defined in section 3
of the Workforce Innovation and Opportunity Act, in the State
and in communities with entities providing activities through
statewide and local workforce development systems under such
Act''.
[[Page H5959]]
(g) Compact of Free Association Amendments Act of 2003.--
The Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921 et seq.) is amended as follows:
(1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C.
1921d(f)(1)(B)(iii)) is amended by striking ``title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
other than subtitle C of that Act (29 U.S.C. 2881 et seq.)
(Job Corps), title II of the Workforce Investment Act of 1998
(20 U.S.C. 9201 et seq.; commonly known as the Adult
Education and Family Literacy Act),'' and inserting ``titles
I (other than subtitle C) and II of the Workforce Innovation
and Opportunity Act,''.
(2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is
amended by striking ``subtitle C of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to
Job Corps)'' and inserting ``subtitle C of title I of the
Workforce Innovation and Opportunity Act (relating to Job
Corps)''.
(h) Domestic Volunteer Service Act of 1973.--Section 103(d)
of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4953(d)) is amended by striking ``employment.'' and all that
follows and inserting the following: ``employment. Whenever
feasible, such efforts shall be coordinated with an
appropriate local workforce development board established
under section 107 of the Workforce Innovation and Opportunity
Act.''.
(i) Elementary and Secondary Education Act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended as follows:
(1) Section 1203(c)(2)(A) of such Act (20 U.S.C.
6363(c)(2)(A)) is amended--
(A) by striking ``, in consultation with the National
Institute for Literacy,''; and
(B) by striking clause (ii); and
(C) by redesignating clauses (iii) and (iv) as clauses (ii)
and (iii), respectively.
(2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B))
is amended by striking ``any relevant programs under the
Adult Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce
Investment Act of 1998'' and inserting ``any relevant
programs under the Adult Education and Family Literacy Act,
the Individuals with Disabilities Education Act, and title I
of the Workforce Innovation and Opportunity Act''.
(3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is
amended by striking ``a description of how the program under
this subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of Public
Law 105-220'' and inserting ``a description of how the
program under this subpart will be coordinated with other
Federal, State, and local programs, such as programs under
title I of the Workforce Innovation and Opportunity Act''.
(4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is
amended by striking ``coordinate funds received under this
subpart with other local, State, and Federal funds available
to provide services to participating children and youth, such
as funds made available under title I of Public Law 105-
220,'' and inserting ``coordinate funds received under this
subpart with other local, State, and Federal funds available
to provide services to participating children and youth, such
as funds made available under title I of the Workforce
Innovation and Opportunity Act,''.
(5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H))
is amended by striking ``the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.)'' and inserting ``the Workforce
Innovation and Opportunity Act''.
(j) Environmental Programs Assistance Act of 1984.--Section
2(a) of the Environmental Programs Assistance Act of 1984 (42
U.S.C. 4368a(a)) is amended by striking ``Funding for such
grants or agreements may be made available from such programs
or through title V of the Older Americans Act of 1965 and
subtitle D of title I of the Workforce Investment Act of
1998'' and inserting ``Funding for such grants or agreements
may be made available from such programs or through title V
of the Older Americans Act of 1965 and subtitle D of title I
of the Workforce Innovation and Opportunity Act''.
(k) Energy Conservation and Production Act.--Section
414(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6864(b)(3)) is amended by striking ``securing, to the
maximum extent practicable, the services of volunteers and
training participants and public service employment workers,
pursuant to title I of the Workforce Investment Act of 1998''
and inserting ``securing, to the maximum extent practicable,
the services of volunteers and training participants and
public service employment workers, pursuant to title I of the
Workforce Innovation and Opportunity Act''.
(l) Food and Nutrition Act of 2008.--The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) is amended as follows:
(1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended
by striking ``Notwithstanding section 181(a)(2) of the
Workforce Investment Act of 1998, earnings to individuals
participating in on-the-job-training under title I of the
Workforce Investment Act of 1998'' and inserting
``Notwithstanding section 181(a)(2) of the Workforce
Innovation and Opportunity Act, earnings to individuals
participating in on-the-job training under title I of such
Act''.
(2) Section 6 of such Act (7 U.S.C. 2015) is amended--
(A) in subsection (d)(4)(M), by striking ``activities under
title I of the Workforce Investment Act of 1998'' and
inserting ``activities under title I of the Workforce
Innovation and Opportunity Act'';
(B) in subsection (e)(3)(A), by striking ``a program under
title I of the Workforce Investment Act of 1998'' and
inserting ``a program under title I of the Workforce
Innovation and Opportunity Act''; and
(C) in subsection (o)(1)(A), by striking ``a program under
the title I of the Workforce Investment Act of 1998'' and
inserting ``a program under title I of the Workforce
Innovation and Opportunity Act''.
(3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is
amended by striking ``a program carried out under title I of
the Workforce Investment Act of 1998'' and inserting ``a
program carried out under title I of the Workforce Innovation
and Opportunity Act''.
(m) Full Employment and Balanced Growth Act of 1978.--
Section 206 of the Full Employment and Balanced Growth Act of
1978 (15 U.S.C. 3116) is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``the Secretary of Labor shall, as
appropriate, fully utilize the authority provided under the
Job Training Partnership Act and title I of the Workforce
Investment Act of 1998'' and inserting ``the Secretary of
Labor shall, as appropriate, fully utilize the authority
provided under title I of the Workforce Innovation and
Opportunity Act''; and
(2) in subsection (c)(1), by striking ``the President
shall, as may be authorized by law, establish reservoirs of
public employment and private nonprofit employment projects,
to be approved by the Secretary of Labor, through expansion
of title I of the Workforce Investment Act of 1998'' and
inserting ``the President shall, as may be authorized by law,
establish reservoirs of public employment and private
nonprofit employment projects, to be approved by the
Secretary of Labor, through expansion of activities under
title I of the Workforce Innovation and Opportunity Act''.
(n) Higher Education Act of 1965.--The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended as follows:
(1) Section 418A of such Act (20 U.S.C. 1070d-2) is
amended--
(A) in subsection (b)(1)(B)(ii), by striking ``section 167
of the Workforce Investment Act of 1998'' and inserting
``section 167 of the Workforce Innovation and Opportunity
Act''; and
(B) in subsection (c)(1)(A), by striking ``section 167 of
the Workforce Investment Act of 1998'' and inserting
``section 167 of the Workforce Innovation and Opportunity
Act''.
(2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1))
is amended by striking ``The term `dislocated worker' has the
meaning given the term in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)'' and inserting ``The
term `dislocated worker' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act''.
(3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is
amended by striking ``a dislocated worker (as defined in
section 101 of the Workforce Investment Act of 1998)'' and
inserting ``a dislocated worker (as defined in section 3 of
the Workforce Innovation and Opportunity Act)''.
(4) Section 480(b)(1)(I) of such Act (20 U.S.C.
1087vv(b)(1)(I)) is amended by striking ``benefits received
through participation in employment and training activities
under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``benefits received
through participation in employment and training activities
under title I of the Workforce Innovation and Opportunity
Act''.
(5) Section 803 of such Act (20 U.S.C. 1161c) is amended--
(A) in subsection (i)(1), by striking ``for changes to this
Act and related Acts, such as the Carl D. Perkins Career and
Technical Education Act of 2006 and the Workforce Investment
Act of 1998 (including titles I and II), to help create and
sustain business and industry workforce partnerships at
institutions of higher education'' and inserting ``for
changes to this Act and related Acts, such as the Carl D.
Perkins Career and Technical Education Act of 2006 and the
Workforce Innovation and Opportunity Act (including titles I
and II), to help create and sustain business and industry
workforce partnerships at institutions of higher education'';
and
(B) in subsection (j)(1)--
(i) in subparagraph (A)(ii), by striking ``local board (as
such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting
``local board (as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act)''; and
(ii) in subparagraph (B), by striking ``a State board (as
such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting ``a
State board (as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act)''.
(6) Section 861(c)(1)(B) of such Act (20 U.S.C.
1161q(c)(1)(B)) is amended by striking ``local boards (as
such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting
``local boards (as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act)''.
(7) Section 872(b)(2)(E) of such Act (20 U.S.C.
1161s(b)(2)(E)) is amended by striking ``local boards (as
defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801))'' and inserting ``local boards (as
defined in section 3 of the Workforce Innovation and
Opportunity Act)''.
(o) Housing Act of 1949.--Section 504(c)(3) of the Housing
Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking
``an insufficient number of volunteers and training
participants and public service employment workers, assisted
pursuant to title I of the Workforce Investment Act of 1998
or the Older American Community Service Employment Act,'' and
inserting ``an insufficient number of volunteers and training
participants and public service employment workers, assisted
pursuant to title I of the Workforce Innovation and
Opportunity Act or the Community Service Senior Opportunities
Act,''.
(p) Housing and Urban Development Act of 1968.--Section 3
of the Housing and Urban
[[Page H5960]]
Development Act of 1968 (12 U.S.C. 1701u) is amended--
(1) in subsection (c)--
(A) in paragraph (1)(B)(iii), by striking ``participants in
YouthBuild programs receiving assistance under section 173A
of the Workforce Investment Act of 1998'' and inserting
``participants in YouthBuild programs receiving assistance
under section 171 of the Workforce Innovation and Opportunity
Act''; and
(B) in paragraph (2)(B), by striking ``participants in
YouthBuild programs receiving assistance under section 173A
of the Workforce Investment Act of 1998'' and inserting
``participants in YouthBuild programs receiving assistance
under section 171 of the Workforce Innovation and Opportunity
Act''; and
(2) in subsection (d)--
(A) in paragraph (1)(B)(iii), by striking ``To YouthBuild
programs receiving assistance under section 173A of the
Workforce Investment Act of 1998'' and inserting ``To
YouthBuild programs receiving assistance under section 171 of
the Workforce Innovation and Opportunity Act''; and
(B) in paragraph (2)(B), by striking ``to YouthBuild
programs receiving assistance under section 173A of the
Workforce Investment Act of 1998'' and inserting ``to
YouthBuild programs receiving assistance under section 171 of
the Workforce Innovation and Opportunity Act''.
(q) Immigration and Nationality Act.--Section 245A(h)(4)(F)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(F)) is amended by striking ``Title I of the
Workforce Investment Act of 1998'' and inserting ``Title I of
the Workforce Innovation and Opportunity Act''.
(r) Internal Revenue Code of 1986.--Section 7527(e)(2) of
the Internal Revenue Code of 1986 is amended by inserting
``(as in effect on the day before the date of enactment of
the Workforce Innovation and Opportunity Act)'' after ``of
1998''.
(s) McKinney-Vento Homeless Assistance Act.--Section
103(c)(2) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302(c)(2)) is amended by striking ``a homeless
individual shall be eligible for assistance under title I of
the Workforce Investment Act of 1998'' and inserting ``a
homeless individual shall be eligible for assistance under
title I of the Workforce Innovation and Opportunity Act''.
(t) Museum and Library Services Act.--The Museum and
Library Services Act (20 U.S.C. 9101 et seq.) is amended as
follows:
(1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is
amended by striking ``activities under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) (including
activities under section 134(c) of such Act) (29 U.S.C.
2864(c))'' and inserting ``activities under the Workforce
Innovation and Opportunity Act (including activities under
section 121(e) of such Act))''.
(2) Section 224(b)(6)(C) of such Act (20 U.S.C.
9134(b)(6)(C)) is amended--
(A) in clause (i), by striking ``the activities carried out
by the State workforce investment board under section 111(d)
of the Workforce Investment Act of 1998 (29 U.S.C. 2821(d))''
and inserting ``the activities carried out by the State
workforce development board under section 101 of the
Workforce Innovation and Opportunity Act''; and
(B) in clause (ii), by striking ``the State's one-stop
delivery system established under section 134(c) of such Act
(29 U.S.C. 2864(c))'' and inserting ``the State's one-stop
delivery system established under section 121(e) of such
Act''.
(u) National and Community Service Act of 1990.--The
National and Community Service Act of 1990 (42 U.S.C. 12501
et seq.) is amended as follows:
(1) Section 112(a)(3)(B) of such Act (42 U.S.C.
12523(a)(3)(B)) is amended by striking ``or who may
participate in a Youthbuild program under section 173A of the
Workforce Investment Act of 1998 (29 U.S.C. 2918a)'' and
inserting ``or who may participate in a Youthbuild program
under section 171 of the Workforce Innovation and Opportunity
Act''.
(2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is
amended by striking ``coordinated with activities supported
with assistance made available under programs administered by
the heads of such agencies (including title I of the
Workforce Investment Act of 1998)'' and inserting
``coordinated with activities supported with assistance made
available under programs administered by the heads of such
agencies (including title I of the Workforce Innovation and
Opportunity Act)''.
(v) National Energy Conservation Policy Act.--Section 233
of the National Energy Conservation and Policy Act (42 U.S.C.
6873) is amended, in the matter preceding paragraph (1), by
striking ``a sufficient number of volunteers and training
participants and public service employment workers, assisted
pursuant to title I of the Workforce Investment Act of 1998
and the Older American Community Service Employment Act'' and
inserting ``a sufficient number of volunteers and training
participants and public service employment workers, assisted
pursuant to title I of the Workforce Innovation and
Opportunity Act and the Community Service Senior
Opportunities Act''.
(w) Older Americans Act of 1965.--The Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 203 of such Act (42 U.S.C. 3013) is amended--
(A) in subsection (a)(2), by striking ``In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out title I of the Workforce
Investment Act of 1998'' and inserting ``In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out title I of the Workforce
Innovation and Opportunity Act''; and
(B) in subsection (b)(1), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting ``title I of
the Workforce Innovation and Opportunity Act''.
(2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12))
is amended by striking ``including programs carried out under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``including programs carried out under
the Workforce Innovation and Opportunity Act''.
(3) Section 502 of such Act (42 U.S.C. 3056) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (H), by striking ``will coordinate
activities with training and other services provided under
title I of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.), including utilizing the one-stop delivery
system of the local workforce investment areas involved'' and
inserting ``will coordinate activities with training and
other services provided under title I of the Workforce
Innovation and Opportunity Act, including utilizing the one-
stop delivery system of the local workforce development areas
involved'';
(II) in subparagraph (O)--
(aa) by striking ``through the one-stop delivery system of
the local workforce investment areas involved as established
under section 134(c) of the Workforce Investment Act of 1998
(29 U.S.C. 2864(c)),'' and inserting ``through the one-stop
delivery system of the local workforce development areas
involved as established under section 121(e) of the Workforce
Innovation and Opportunity Act,''; and
(bb) by striking ``and will be involved in the planning and
operations of such system pursuant to a memorandum of
understanding with the local workforce investment board in
accordance with section 121(c) of such Act (29 U.S.C.
2841(c))'' and inserting ``and will be involved in the
planning and operations of such system pursuant to a
memorandum of understanding with the local workforce
development board in accordance with section 121(c) of such
Act''; and
(III) in subparagraph (Q)--
(aa) in clause (i), by striking ``paragraph (8), relating
to coordination with other Federal programs, of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2822(b))'' and inserting ``clauses (ii) and (viii) of
paragraph (2)(B), relating to coordination with other Federal
programs, of section 102(b) of the Workforce Innovation and
Opportunity Act''; and
(bb) in clause (ii), by striking ``paragraph (14), relating
to implementation of one-stop delivery systems, of section
112(b) of the Workforce Investment Act of 1998'' and
inserting ``paragraph (2)(C)(i), relating to implementation
of one-stop delivery systems, of section 102(b) of the
Workforce Innovation and Opportunity Act''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``An assessment and
service strategy required by paragraph (1)(N) to be prepared
for an eligible individual shall satisfy any condition for an
assessment and service strategy or individual employment plan
for an adult participant under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in
order to determine whether such eligible individual also
qualifies for intensive or training services described in
section 134(d) of such Act (29 U.S.C. 2864(d)).'' and
inserting ``An assessment and service strategy required by
paragraph (1)(N) to be prepared for an eligible individual
shall satisfy any condition for an assessment and service
strategy or individual employment plan for an adult
participant under subtitle B of title I of the Workforce
Innovation and Opportunity Act, in order to determine whether
such eligible individual also qualifies for career or
training services described in section 134(c) of such Act.'';
and
(II) in subparagraph (B)--
(aa) in the subparagraph heading, by striking ``workforce
investment act of 1998'' and inserting ``workforce innovation
and opportunity act''; and
(bb) by striking ``An assessment and service strategy or
individual employment plan prepared under subtitle B of title
I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.)'' and inserting ``An assessment and service strategy or
individual employment plan prepared under subtitle B of title
I of the Workforce Innovation and Opportunity Act''; and
(B) in subsection (e)(2)(B)(ii), by striking ``one-stop
delivery systems established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and
inserting ``one-stop delivery systems established under
section 121(e) of the Workforce Innovation and Opportunity
Act''.
(4) Section 503 of such Act (42 U.S.C. 3056a) is amended--
(A) in subsection (a)--
(i) in paragraph (2)(A), by striking ``the State and local
workforce investment boards established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``the State and local workforce development
boards established under title I of the Workforce Innovation
and Opportunity Act''; and
(ii) in paragraph (4)(F), by striking ``plans for
facilitating the coordination of activities of grantees in
the State under this title with activities carried out in the
State under title I of the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.)'' and inserting ``plans for
facilitating the coordination of activities of grantees in
the State under this title with activities carried out in the
State under title I of the Workforce Innovation and
Opportunity Act''; and
(B) in subsection (b)(2)(A), by striking ``with the program
carried out under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``with the program
carried out under the Workforce Innovation and Opportunity
Act''.
(5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act
is amended by striking ``activities carried out under other
Acts, especially activities
[[Page H5961]]
provided under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), including activities provided through
one-stop delivery systems established under section 134(c))
of such Act (29 U.S.C. 2864(c)),'' and inserting ``activities
carried out under other Acts, especially activities provided
under the Workforce Innovation and Opportunity Act, including
activities provided through one-stop delivery systems
established under section 121(e) of such Act,''.
(6) Section 510 of such Act (42 U.S.C. 3056h) is amended--
(A) by striking ``by local workforce investment boards and
one-stop operators established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and
inserting ``by local workforce development boards and one-
stop operators established under title I of the Workforce
Innovation and Opportunity Act''; and
(B) by striking ``such title I'' and inserting ``such
title''.
(7) Section 511 of such Act (42 U.S.C. 3056i) is amended--
(A) in subsection (a), by striking ``Grantees under this
title shall be one-stop partners as described in
subparagraphs (A) and (B)(vi) of section 121(b)(1) of the
Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in
the one-stop delivery system established under section 134(c)
of such Act (29 U.S.C. 2864(c)) for the appropriate local
workforce investment areas'' and inserting ``Grantees under
this title shall be one-stop partners as described in
subparagraphs (A) and (B)(v) of section 121(b)(1) of the
Workforce Innovation and Opportunity Act in the one-stop
delivery system established under section 121(e) of such Act
for the appropriate local workforce development areas''; and
(B) in subsection (b)(2), by striking ``be signatories of
the memorandum of understanding established under section
121(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(c))'' and inserting ``be signatories of the memorandum
of understanding established under section 121(c) of the
Workforce Innovation and Opportunity Act''.
(8) Section 518(b)(2)(F) of such Act (42 U.S.C.
3056p(b)(2)(F)) is amended by striking ``has failed to find
employment after utilizing services provided under title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``has failed to find employment after
utilizing services provided under title I of the Workforce
Innovation and Opportunity Act''.
(x) Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.--Section 403(c)(2)(K) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking
``Benefits under the title I of the Workforce Investment Act
of 1998'' and inserting ``Benefits under title I of the
Workforce Innovation and Opportunity Act''.
(y) Patient Protection and Affordable Care Act.--Section
5101(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S. 294q(d)(3)(D)) is amended by striking ``other
health care workforce programs, including those supported
through the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.),'' and inserting ``other health care workforce
programs, including those supported through the Workforce
Innovation and Opportunity Act,''.
(z) Public Health Service Act.--The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended as follows:
(1) Section 399V(e) of such Act (42 U.S.C. 280g-11(e)) is
amended by striking ``one-stop delivery systems under section
134(c) of the Workforce Investment Act of 1998'' and
inserting ``one-stop delivery systems under section 121(e) of
the Workforce Innovation and Opportunity Act''.
(2) Section 751(c)(1)(A) of such Act (42 U.S.C.
294a(c)(1)(A)) is amended by striking ``the applicable one-
stop delivery system under section 134(c) of the Workforce
Investment Act of 1998,'' and inserting ``the applicable one-
stop delivery system under section 121(e) of the Workforce
Innovation and Opportunity Act,''.
(3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is
amended by striking ``one-stop delivery system described in
section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c))'' and inserting ``one-stop delivery system
described in section 121(e) of the Workforce Innovation and
Opportunity Act''.
(aa) Runaway and Homeless Youth Act.--Section 322(a)(7) of
the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(7))
is amended by striking ``(including services and programs for
youth available under the Workforce Investment Act of 1998)''
and inserting ``(including services and programs for youth
available under the Workforce Innovation and Opportunity
Act)''.
(bb) Second Chance Act of 2007.--The Second Chance Act of
2007 (42 U.S.C. 17501 et seq.) is amended as follows:
(1) Section 212 of such Act (42 U.S.C. 17532) is amended--
(A) in subsection (c)(1)(B), by striking ``in coordination
with the one-stop partners and one-stop operators (as such
terms are defined in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801)) that provide services at any
center operated under a one-stop delivery system established
under section 134(c) of the Workforce Investment Act of 1998
(29 U.S.C. 2864(c)),'' and inserting ``in coordination with
the one-stop partners and one-stop operators (as such terms
are defined in section 3 of the Workforce Innovation and
Opportunity Act) that provide services at any center operated
under a one-stop delivery system established under section
121(e) of the Workforce Innovation and Opportunity Act,'';
and
(B) in subsection (d)(1)(B)(iii), by striking ``the local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998 (29 U.S.C. 2832)),'' and
inserting ``the local workforce development boards
established under section 107 of the Workforce Innovation and
Opportunity Act,''.
(2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is
amended by striking ``the one-stop partners and one-stop
operators (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)) that
provide services at any center operated under a one-stop
delivery system established under section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2864(c))'' and
inserting ``the one-stop partners and one-stop operators (as
such terms are defined in section 3 of the Workforce
Innovation and Opportunity Act) that provide services at any
center operated under a one-stop delivery system established
under section 121(e) of the Workforce Innovation and
Opportunity Act''.
(cc) Small Business Act.--Section 7(j)(13)(E) of the Small
Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking
``an institution eligible to provide skills training or
upgrading under title I of the Workforce Investment Act of
1998'' and inserting ``an institution eligible to provide
skills training or upgrading under title I of the Workforce
Innovation and Opportunity Act''.
(dd) Social Security Act.--The Social Security Act (42
U.S.C. 301 et seq.) is amended as follows:
(1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is
amended--
(A) in subparagraph (A)(vii)(I), by striking ``chief
elected official (as defined in section 101 of the Workforce
Investment Act of 1998)'' and inserting ``chief elected
official (as defined in section 3 of the Workforce Innovation
and Opportunity Act)''; and
(B) in subparagraph (D)(ii), by striking ``local workforce
investment board established for the service delivery area
pursuant to title I of the Workforce Investment Act of 1998,
as appropriate'' and inserting ``local workforce development
board established for the local workforce development area
pursuant to title I of the Workforce Innovation and
Opportunity Act, as appropriate''.
(2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b-
19(f)(1)(B)) is amended by striking ``a one-stop delivery
system established under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)''
and inserting ``a one-stop delivery system established under
section 121(e) of the Workforce Innovation and Opportunity
Act''.
(3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b-
20(a)(3)) is amended by striking ``a one-stop delivery system
established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)'' and
inserting ``a one-stop delivery system established under
section 121(e) of the Workforce Innovation and Opportunity
Act''.
(4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is
amended--
(A) in paragraph (2)(B), by striking ``the State workforce
investment board established under section 111 of the
Workforce Investment Act of 1998'' and inserting ``the State
workforce development board established under section 101 of
the Workforce Innovation and Opportunity Act''; and
(B) in paragraph (4)(A), by striking ``a local workforce
investment board established under section 117 of the
Workforce Investment Act of 1998,'' and inserting ``a local
workforce development board established under section 107 of
the Workforce Innovation and Opportunity Act,''.
(ee) Title 18 of the United States Code.--Section 665 of
title 18 of the United States Code is amended--
(1) in subsection (a), by striking ``Whoever, being an
officer, director, agent, or employee of, or connected in any
capacity with any agency or organization receiving financial
assistance or any funds under the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998'' and
inserting ``Whoever, being an officer, director, agent, or
employee of, or connected in any capacity with any agency or
organization receiving financial assistance or any funds
under title I of the Workforce Innovation and Opportunity Act
or title I of the Workforce Investment Act of 1998'';
(2) in subsection (b), by striking ``a contract of
employment in connection with a financial assistance
agreement or contract under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998'' and
inserting ``a contract of employment in connection with a
financial assistance agreement or contract under title I of
the Workforce Innovation and Opportunity Act or title I of
the Workforce Investment Act of 1998''; and
(3) in subsection (c), by striking ``Whoever willfully
obstructs or impedes or willfully endeavors to obstruct or
impede, an investigation or inquiry under the Job Training
Partnership Act or title I of the Workforce Investment Act of
1998,'' and inserting ``Whoever willfully obstructs or
impedes or willfully endeavors to obstruct or impede, an
investigation or inquiry under title I of the Workforce
Innovation and Opportunity Act or title I of the Workforce
Investment Act of 1998,''.
(ff) Title 31 of the United States Code.--Section
6703(a)(4) of title 31 of the United States Code is amended
by striking ``Programs under title I of the Workforce
Investment Act of 1998.'' and inserting ``Programs under
title I of the Workforce Innovation and Opportunity Act.''.
(gg) Title 38 of the United States Code.--Title 38 of the
United States Code is amended as follows:
(1) Section 4101(9) of title 38 of the United States Code
is amended by striking ``The term `intensive services' means
local employment and training services of the type described
in section 134(d)(3) of the Workforce Investment Act of
1998'' and inserting ``The term `career services' means local
employment and training services of the type described in
section 134(c)(2) of the Workforce Innovation and Opportunity
Act''.
[[Page H5962]]
(2) Section 4102A of title 38 of the United States Code is
amended--
(A) in subsection (d), by striking ``participation of
qualified veterans and eligible persons in employment and
training opportunities under title I of the Workforce
Investment Act of 1998'' and inserting ``participation of
qualified veterans and eligible persons in employment and
training opportunities under title I of the Workforce
Innovation and Opportunity Act''; and
(B) in subsection (f)(2)(A), by striking ``be consistent
with State performance measures applicable under section
136(b) of the Workforce Investment Act of 1998'' and
inserting ``be consistent with State performance
accountability measures applicable under section 116(b) of
the Workforce Innovation and Opportunity Act''.
(3) Section 4104A of title 38 of the United States Code is
amended--
(A) in subsection (b)(1)(B), by striking ``the appropriate
State boards and local boards (as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))'' and inserting ``the appropriate State boards
and local boards (as such terms are defined in section 3 of
the Workforce Innovation and Opportunity Act)''; and
(B) in subsection (c)(1)(A), by striking ``the appropriate
State boards and local boards (as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))'' and inserting ``the appropriate State boards
and local boards (as such terms are defined in section 3 of
the Workforce Innovation and Opportunity Act)''.
(4) Section 4110B of title 38 of the United States Code is
amended by striking ``enter into an agreement with the
Secretary regarding the implementation of the Workforce
Investment Act of 1998 that includes the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2822(b))'' and inserting ``enter into an agreement with the
Secretary regarding the implementation of the Workforce
Innovation and Opportunity Act that includes the descriptions
described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of
the Workforce Innovation and Opportunity Act and a
description of how the State board will carry out the
activities described in section 101(d)(3)(F) of such Act''.
(5) Section 4213(a)(4) of title 38 of the United States
Code is amended by striking ``Any employment or training
program carried out under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting ``Any
employment or training program carried out under title I of
the Workforce Innovation and Opportunity Act''.
(hh) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C.
2101 et seq.) is amended as follows:
(1) Section 221(a) of such Act (19 U.S.C. 2271) is
amended--
(A) in paragraph (1)(C)--
(i) by striking ``, one-stop operators or one-stop partners
(as defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)) including State employment security
agencies,'' and inserting ``, one-stop operators or one-stop
partners (as defined in section 3 of the Workforce Innovation
and Opportunity Act) including State employment security
agencies,''; and
(ii) by striking ``or the State dislocated worker unit
established under title I of such Act,'' and inserting ``or a
State dislocated worker unit,''; and
(B) in subsection (a)(2)(A), by striking ``rapid response
activities and appropriate core and intensive services (as
described in section 134 of the Workforce Investment Act of
1998 (29 U.S.C. 2864)) authorized under other Federal laws''
and inserting ``rapid response activities and appropriate
career services (as described in section 134 of the Workforce
Innovation and Opportunity Act) authorized under other
Federal laws''.
(2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C.
2272(d)(2)(A)(iv)) is amended by striking ``one-stop
operators or one-stop partners (as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801))'' and
inserting ``one-stop operators or one-stop partners (as
defined in section 3 of the Workforce Innovation and
Opportunity Act)''.
(3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5)) is
amended--
(A) in subparagraph (B), by striking ``any training program
provided by a State pursuant to title I of the Workforce
Investment Act of 1998'' and inserting ``any training program
provided by a State pursuant to title I of the Workforce
Innovation and Opportunity Act''; and
(B) in the flush text following subparagraph (H), by
striking ``The Secretary may not limit approval of a training
program under paragraph (1) to a program provided pursuant to
title I of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.).'' and inserting ``The Secretary may not limit
approval of a training program under paragraph (1) to a
program provided pursuant to title I of the Workforce
Innovation and Opportunity Act.''.
(4) Section 239 of such Act (19 U.S.C. 2311) is amended--
(A) in subsection (f), by striking ``Any agreement entered
into under this section shall provide for the coordination of
the administration of the provisions for employment services,
training, and supplemental assistance under sections 235 and
236 of this Act and under title I of the Workforce Investment
Act of 1998'' and inserting ``Any agreement entered into
under this section shall provide for the coordination of the
administration of the provisions for employment services,
training, and supplemental assistance under sections 235 and
236 of this Act and under title I of the Workforce Innovation
and Opportunity Act''; and
(B) in subsection (h), by striking ``the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2822(b))'' and inserting ``the descriptions described in
sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce
Innovation and Opportunity Act, a description of how the
State board will carry out the activities described in
section 101(d)(3)(F) of such Act,''.
(ii) United States Housing Act of 1937.--Section 23 of the
United States Housing Act of 1937 (42 U.S.C. 1437u) is
amended--
(1) in subsection (b)(2)(A), by striking ``lack of
supportive services accessible to eligible families, which
shall include insufficient availability of resources for
programs under title I of the Workforce Investment Act of
1998'' and inserting ``lack of supportive services accessible
to eligible families, which shall include insufficient
availability of resources for programs under title I of the
Workforce Innovation and Opportunity Act'';
(2) in subsection (f)(2), by striking ``the local agencies
(if any) responsible for carrying out programs under title I
of the Workforce Investment Act of 1998 or the Job
Opportunities and Basic Skills Training Program under part F
of title IV of the Social Security Act,'' and inserting ``the
local agencies (if any) responsible for carrying out programs
under title I of the Workforce Innovation and Opportunity Act
or the Job Opportunities and Basic Skills Training Program
under part F of title IV of the Social Security Act,''; and
(3) in subsection (g)--
(A) in paragraph (2), by striking ``any local agencies
responsible for programs under title I of the Workforce
Investment Act of 1998 or the Job Opportunities and Basic
Skills Training Program under part F of title IV of the
Social Security Act'' and inserting ``any local agencies
responsible for programs under title I of the Workforce
Innovation and Opportunity Act or the Job Opportunities and
Basic Skills Training Program under part F of title IV of the
Social Security Act''; and
(B) in paragraph (3)(H), by striking ``programs under title
I of the Workforce Investment Act of 1998 and any other
relevant employment, child care, transportation, training,
and education programs in the applicable area'' and inserting
``programs under title I of the Workforce Innovation and
Opportunity Act and any other relevant employment, child
care, transportation, training, and education programs in the
applicable area''.
(jj) Violent Crime Control and Law Enforcement Act of
1994.--Section 31113(a)(4)(C) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is
amended by striking ``job training programs authorized under
title I of the Workforce Investment Act of 1998 or the Family
Support Act of 1988 (Public Law 100-485)'' and inserting
``job training programs authorized under title I of the
Workforce Innovation and Opportunity Act or the Family
Support Act of 1988 (Public Law 100-485)''.
(kk) Worker Adjustment and Retraining Notification Act.--
Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by
striking ``the State or entity designated by the State to
carry out rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act of 1998,'' and
inserting ``the State or entity designated by the State to
carry out rapid response activities under section
134(a)(2)(A) of the Workforce Innovation and Opportunity
Act,''.
SEC. 513. REFERENCES.
(a) Workforce Investment Act of 1998 References.--Except as
otherwise specified, a reference in a Federal law to a
provision of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.) shall be deemed to refer to the corresponding
provision of this Act.
(b) Wagner-Peyser Act References.--Except as otherwise
specified, a reference in a Federal law to a provision of the
Wagner-Peyser Act (29 U.S.C. 49 et seq.) shall be deemed to
refer to the corresponding provision of such Act, as amended
by this Act.
(c) Disability-related References.--Except as otherwise
specified, a reference in a Federal law to a provision of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) shall be
deemed to refer to the corresponding provision of such Act,
as amended by this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Kline) and the gentleman from Massachusetts (Mr.
Tierney) each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. KLINE. Madam 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.
Mr. KLINE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of the Workforce Innovation
and Opportunity Act.
Men and women across the country are struggling to make ends meet.
Many have lost a job, and others are working more for less. Learning a
new skill or trade can open the door to that next opportunity a worker
desperately needs, yet, too often, flawed policies stand in the way.
Quite frankly, our Nation's job training system is broken. We have
too
[[Page H5963]]
many ineffective programs, too much bureaucracy, and very little
accountability. The voices of job creators are stifled, State and local
leaders are tied up in red tape, and hard-earned taxpayer dollars are
wasted.
We have known about these problems for years but have failed to act,
until now. We have an opportunity to advance reforms that will help all
Americans compete and succeed in today's workforce.
The Workforce Innovation and Opportunity Act is based on four
principles necessary for a modern, efficient, and effective job
training system:
First, the bill streamlines a confusing maze of Federal programs and
mandates. Let's make it easier for workers to access the support they
need to get back to work.
Second, the bill promotes skills training for in-demand jobs. It is
time to prepare workers for the jobs of the future, not the jobs of the
past.
Third, the bill will reduce unnecessary bureaucracy and
administrative costs. We need to stop squandering money on a bloated
bureaucracy and start ensuring these limited resources go to workers in
need.
Fourth and finally, this act provides strong accountability over the
use of taxpayer dollars. We will know whether the taxpayer investment
is paying off and impose real consequences when a program isn't getting
the job done.
Last year, the House passed job training reform legislation known as
the SKILLS Act. The bill incorporated these principles, and I am
pleased they are reflected in the bipartisan, bicameral agreement
before us today.
Is this a perfect solution? No, it is not. In some areas, I wish we
could have done more. But will this agreement protect taxpayers and
deliver the kind of employment support workers need to get back on
their feet? I believe it will, and I urge my colleagues to support it.
Before closing, Madam Speaker, I would like to thank some of my
colleagues who helped make this possible. Congresswoman Virginia Foxx,
chair of the Workforce Training Subcommittee, is, without a doubt, the
leading champion for a stronger, more accountable workforce development
system.
Mr. George Miller, senior Democrat on the Education and the Workforce
Committee, is no stranger to this issue and remains a tireless advocate
for America's workers.
I am grateful for the leadership of Senators Tom Harkin and Lamar
Alexander, the chairman and ranking member of the Health, Education,
Labor, and Pensions Committee, and hope this is one of many bicameral
compromises we reach this year.
I would also like to thank Mr. Buck McKeon, former chairman of the
Education and the Workforce Committee, as well as Representatives Ruben
Hinojosa and Joe Heck.
And last but not least, Senator Patty Murray and my good friend
Senator Johnny Isakson were both instrumental in our work.
Finally, Madam Speaker, we wouldn't be here today without the hard
work of our staffs. The majority and minority staffs of the relevant
House and Senate committees put in more hours than they care to
remember.
Unfortunately, there isn't time to recognize them all; however, a few
stand out on our side of the aisle that merit mention.
Juliane Sullivan, the committee's staff director, is a trusted
adviser who helped us navigate the choppy waters that arose along the
way. Brad Thomas helped ensure the bill addresses the unique needs of
Americans with disabilities. James Bergeron, our former director of
education policy, left the committee before this compromise was
announced, but his knowledge and expertise are present on every page of
this agreement. And finally, Rosemary Lahasky, whose passion and
dedication kept this effort moving forward when it seemed like it
couldn't get done. There simply aren't enough words to describe
Rosemary's incredible contribution. We are all grateful for her
service.
With that, Madam Speaker, I urge my colleagues to support the
Workforce Innovation and Opportunity Act, and I reserve the balance of
my time.
Mr. TIERNEY. Madam Speaker, I yield myself 3 minutes.
As my colleagues know, the Workforce Investment Act is the primary
Federal law that governs the Nation's job training and workforce
development system. Through this system, people of different ages and
abilities can enter one of the career centers scattered throughout the
country and obtain career counseling, skills assessments and training,
all in the service of finding employment and providing a better future
for themselves and their families.
Quite simply, the Workforce Investment Act is the Federal law that
does two big things: one, it helps people acquire the skills,
education, and training they need to get a job; and two, it ensures
businesses can hire qualified personnel so they can grow and our
economy can thrive. That is what it is all about.
Today, with consideration of the Workforce Innovation and Opportunity
Act, we appear to have reached the culmination of what has been a long
process to extend and improve the Workforce Investment Act. So today I
am pleased to join with my colleagues on both sides of the aisle, 100-
plus diverse stakeholder organizations, and 95 Members of the United
States Senate in voicing my strong support for the bipartisan,
bicameral Workforce Innovation and Opportunity Act.
I also note that it includes many components of legislation that I
have filed for the last 2 years, or two terms in Congress, H.R. 798
being this session's iteration. Both this bill and mine maintain the
core structure of the WIA One-Stop System for the delivery of
employment and training services. Both increase coordination and
alignment of workforce development programs. Both eliminate the
``sequence of services'' requirement that currently prevents workers
from receiving training until they receive other unnecessary services.
Both preserve the integrity of the three State formula grant programs
for youth, adults, and dislocated workers. Both maintain the current
business majority requirement and specify that a minimum of 20 percent
of the board be represented by the workforce. Both include nearly
identical performance accountability measures, and both preserve and
protect the adult literacy program in title II. Both maintain the
current vocational rehabilitation administrative structure and delivery
system and emphasize increasing the involvement of employers in the
vocational rehab system. And the list goes on.
Madam Speaker, modernizing and strengthening the Workforce Investment
Act has been one of my top priorities since being elected to Congress,
and I am pleased that we are just about at the finish line and that the
bill before us today includes much of what I have proposed and
advocated.
Before reserving my time, I want to say this bill is likely to be the
biggest jobs bill that passes the House and gets signed into law this
session, but it is evidence also of what is achievable if we work
together. I have long said that when it comes to the Workforce
Investment Act, our areas of agreement far outnumber our areas of
disagreement and that our differences were surmountable. Well, we
finally got there.
I want to thank Chairman Harkin, Senator Murray and Senator
Alexander, Chairman Kline, Ranking Member Miller, Representative Foxx
and Representative Hinojosa, and all the staff who were involved for
their unwavering commitment to getting this done. This is good
bipartisan bill. It deserves the support of the House so it can be
cleared and be signed into law by President Obama.
Madam Speaker, I reserve the balance of my time.
Mr. KLINE. Madam Speaker, now I am very, very pleased to yield 4
minutes to the gentlewoman from North Carolina (Ms. Foxx), the
principal author of the SKILLS Act, which got this ball rolling.
Ms. FOXX. Madam Speaker, I want to thank the chairman for his support
in this and all the members of the committee who helped work on this
bill.
I would like to add my thanks to those that the chairman has made to
the staff, in particular, Juliane Sullivan, James Bergeron, Brian
Melnyk, and Rosemary Lahasky, for the incredible work that they have
done.
I also want to thank Eric Cantor, our majority leader, and Senators
[[Page H5964]]
Isakson and Patty Murray for the wonderful support that they have
given.
Madam Speaker, today's vote on the Workforce Innovation and
Opportunity Act is important for the millions of Americans who are
looking for work. It is also important for the employers who have 4.6
million job opportunities that remain unfilled due to the skills gap.
Closing this gap will specifically improve the lives of many Americans
who are currently looking for work while generally helping our economy
grow.
Today's vote is the culmination of an 18-month process of legislating
the old-fashioned way: discussion, negotiation and compromise. This has
been a bipartisan and bicameral process. It has been a privilege to
play a role in it.
Madam Speaker, as you know, last year, the House passed H.R. 803, the
SKILLS Act, a bill to reform our Nation's mishmash of workforce
development programs. About 2 weeks ago, after much negotiation, the
Senate passed an amended version of H.R. 803 and renamed it the
Workforce Innovation and Opportunity Act. This bill will provide a
long-overdue reauthorization of the Workforce Investment Act and will
reform some of the broken aspects of that system.
There is longstanding bipartisan agreement that the current workforce
development system is broken. Even President Obama recognizes that. In
his 2012 State of the Union, President Obama called for cutting through
the maze of training programs in order to do something about jobs going
unfilled due to the lack of skilled workers. This bill turns that
bipartisan consensus into action.
Madam Speaker, in short, this legislation will increase access,
eliminate waste, promote accountability, empower job creators, and give
Americans access to the resources needed to fill in-demand jobs.
Again, I want to thank all those who have been involved with helping
get this legislation enacted. It is my hope that this process serves as
a template to address some of the dozens of other House-passed jobs
bills that still need a hearing in the Senate. Let this be the starting
point for action on many other vital issues that need our attention.
{time} 1245
Working together, we can get things done. In that spirit, I urge my
colleagues to join me in supporting H.R. 803 and sending this important
bipartisan, bicameral legislation to the President's desk.
This bill turns that bipartisan consensus into action. It will remove
bureaucratic hurdles to help people access services immediately and
require that education programs focus on in-demand skills. Programs
will be held to account through common performance metrics and face
funding cuts if they fail to do their job. This legislation empowers
state and local workforce leaders by providing funding flexibility to
meet the unique needs of their communities and streamlines reporting
requirements to ensure the focus is on services, rather than
duplicative reports.
Mr. TIERNEY. Madam Speaker, at this time, I would like to yield 3
minutes to the gentleman from Texas, Ruben Hinojosa, who has been
deeply involved in the passage of this bill.
Mr. HINOJOSA. I thank the gentleman for yielding me the time.
Madam Speaker, I rise in strong support of the underlying bill, H.R.
803, entitled the Workforce Innovation and Opportunity Act.
As the ranking member of the Subcommittee on Higher Education and
Workforce Training, I applaud Senators Harkin, Murray, Alexander, and
Isakson for their extraordinary leadership in advancing this
bipartisan, bicameral legislation in the Senate, with a vote of 95-3.
And that, ladies and gentlemen, is quite an accomplishment.
In the House of Representatives, I commend my colleagues from the
Education and the Workforce Committee--our chairman, John Kline, and
our U.S. Representatives George Miller, Virginia Foxx, and John
Tierney--for all working in a bipartisan manner on this vitally
important piece of legislation.
In my view, helping Americans get back on track must be our top
priority. Today, Congress has an opportunity to reauthorize the
Workforce Investment Act, known as WIA, and do more to support American
workers in accessing good family-sustaining jobs and careers.
First and foremost, I am pleased that the underlying bill makes
significant improvements to our Nation's public workforce training and
adult education system. The bill promotes career pathways and utilizes
sector strategies for delivering job training services, strategies that
have been successful in south Texas.
This bill, H.R. 803, preserves national programs for migrant and
seasonal farmworkers, as well as dislocated workers, disadvantaged
youth, Native Americans, and people with disabilities. These are the
populations that face significant barriers to employment and education.
In the area of adult education, this bill integrates adult education
and workplace skills; it authorizes the integrated English literacy and
civics education program for adult learners; and it expands access to
postsecondary education. Importantly, this bipartisan bill includes
several key provisions from the Adult Education and Economic Growth
Act, which I introduced. For these reasons, it is no surprise that
there is overwhelming support from business groups, from labor unions,
from State and local elected officials, community colleges, as well as
workforce boards, adult education providers, youth organizations, and
civil rights groups for this bill.
In closing, I strongly urge Members of the House of Representatives
to join me and our Senate colleagues in supporting American workers by
passing H.R. 803.
Mr. KLINE. Madam Speaker, it is now my great pleasure and honor to
yield 1 minute to the gentleman from Virginia (Mr. Cantor), the
majority leader.
Mr. CANTOR. Madam Speaker, I thank the chairman, the gentleman from
Minnesota.
Madam Speaker, I rise today in support of the Workforce Innovation
and Opportunity Act.
For America to work, we need effective education and workforce
development programs to strengthen the middle class. Today, however,
too many Americans are looking for work without the necessary skills to
match job openings. This skills gap is keeping our economy from
recovering and reaching its full potential.
A recent study by Georgetown University indicated that we will be
short by 11 million workers in the year 2022 because of the lack of
postsecondary education or skills training. If we allow ourselves to
continue down this dangerous path, we will only see feeble economic
growth for the future. Fortunately, we have an opportunity to reverse
that trend with this piece of legislation.
This bill before the House today will make it easier for Americans to
find a job by consolidating 15 Federal workforce development programs
and aligning them with skills training and education initiatives. Plain
and simple, this bill is about putting people back to work.
I know these kinds of commonsense reforms will help Americans find a
job because I have seen them succeed. On a recent trip to Siemens
Energy with several of my colleagues--Representatives Pittenger,
McHenry, and Foxx--we met a young girl named Hope. Hope, along with
others, is an apprentice at Siemens. In return for her commitment to
work there, Siemens is paying for her education at a local community
college, where she is receiving the skills needed for the manufacturing
industry of today. This is a terrific example of how the public and
private sectors can work together to keep our country competitive while
training workers for the jobs of tomorrow.
The Workforce Innovation and Opportunity Act will make it easier for
these partnerships to flourish around the country. Passing this bill is
a small but important step towards strengthening our middle class,
kick-starting our economy, and giving people a chance to climb the
economic ladder of success.
American workers deserve to know that their government is making it
easier for them, not harder. It is making it easier for them to keep a
steady paycheck to increase those wages and provide for their families.
I want to thank the gentleman from Minnesota, the chairman of the
Education and the Workforce Committee,
[[Page H5965]]
for his long-term commitment to this issue of skills training,
education, and development. He has been tireless in his advocacy.
I also want to thank our colleague, Congresswoman Virginia Foxx of
North Carolina, who has also been a fierce advocate for skills
education and making sure that those who don't have skills are given
the opportunity to do so so that they, too, can climb the ladder of
success.
The entire membership of the Education and the Workforce Committee
deserves our thanks, too, for their hard work on this issue.
I urge my colleagues to support this legislation so that we can, once
again, create an America that works and works again for everybody.
Mr. TIERNEY. Mr. Speaker, at this time, I yield 2 minutes to the
gentleman from Maryland, Steny Hoyer, our Democratic whip.
Mr. HOYER. Mr. Speaker, before the gentleman from Virginia leaves the
floor, I want to say to the majority leader that I thank him, as well,
for his leadership. The majority leader and I have discussed the SKILLS
Act for a number of months, perhaps as long ago as when this bill
passed the House.
This bill passed the House on a partisan vote. The majority leader
observed numerous times--and I agreed with him--that this should not be
a partisan issue. The good news today is that it will pass on a
bipartisan vote. The system works today. And the American people are
going to be advantaged. And all of those whom the majority leader spoke
of will be advantaged as well.
The fact of the matter is, we passed a bill through this House. The
Senate passed a bill. We went to conference. We worked out an
agreement. And we are now going to support that in a bipartisan
fashion. That will be a positive for our country.
So I am pleased to rise, Mr. Speaker, in support of this bill. It is
an example of how Democrats and Republicans can work together to
reauthorize important programs that support a strong economy and a
growing middle class. We have an agenda on our side we call ``Make It
In America.'' Everybody in this House is for Americans making it in
this country, succeeding.
This bill will provide job-seekers with the in-demand skills and
training they need to get hired for the jobs that pay well and provide
access to opportunities. In short, it will help more of our people make
it in America.
While House Democrats were disappointed that Republicans passed a
partisan bill last year, I am glad that a spirit of compromise has now
prevailed. The Republicans agreed to work with us and the Senate to
craft a bipartisan bill that incorporates key provisions of the
Democratic alternative to last year's bill, which was part of House
Democrats' Make It In America plan for jobs and competitiveness.
The SPEAKER pro tempore (Mr. Yoder). The time of the gentleman has
expired.
Mr. TIERNEY. I yield an additional 30 seconds to the gentleman.
Mr. HOYER. This bipartisan legislation will continue to ensure that
adults, youth, and dislocated workers can receive the assistance they
need to succeed in the job market. It will focus resources on essential
programs that most effectively serve job-seekers while eliminating less
effective ones. This is the kind of legislation that we ought to be
passing.
I applaud the ranking member. I applaud the chairman of the committee
for bringing this bill to the floor. And I urge my colleagues to
support it.
Mr. KLINE. Mr. Speaker, I now yield 1 minute to the gentleman from
Michigan (Mr. Walberg), the chair of the Subcommittee on Workforce
Protections.
Mr. WALBERG. I thank the chairman for yielding.
Mr. Speaker, I rise in support of the Workforce Innovation and
Opportunity Act, a bill born out of the substantial efforts of Chairman
Kline, Congresswoman Foxx, and the House Education and the Workforce
Committee to help the unemployed train themselves for good-paying jobs.
In my Michigan district, there are hardworking individuals,
businesses, and colleges committed to reinventing the State's workforce
programs, but we need to provide the tools to support their efforts.
This bicameral compromise replaces a confusing maze of workforce
programs. It also provides funds to State and local organizations to
partner with local employers to highlight emerging career
opportunities.
Most importantly, this legislation will provide the necessary
training, retraining, and educational opportunities to help Americans
get back to work, building a life of self-sufficiency and success.
I urge my colleagues to support this bill and work towards growing a
healthy economy and expanding opportunity for all.
I also encourage the Senate, with the 293 other bills that we have
sent to them, to work out a compromise to send back jobs bills like
this that will promote good opportunities in America.
Mr. TIERNEY. Mr. Speaker, at this time, I would like to yield 3
minutes to the gentleman from California (Mr. George Miller), who is
the ranking member of the committee and, as the chairman of the
committee has said, is no stranger to this issue. He has been a
champion of the Workforce Investment Act and its improvement all along.
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of the bipartisan, bicameral
Workforce Innovation and Opportunity Act.
I want to thank my colleagues, Representatives Tierney and Hinojosa,
for their commitment to improving our workforce training system, a job
that they have labored at now for many years. And I want to thank
Senators Harkin, Murray, Alexander, and Isakson for their leadership.
I also want to strongly thank the chairman of the committee, Mr.
Kline from Minnesota, and subcommittee chairwoman Virginia Foxx for
their leadership and cooperation on this legislation and, of course,
the professional staff on both sides of the aisle in the House and in
the Senate.
This is a critical moment. With almost 20 million Americans still out
of work, workers need help learning skills and finding good jobs. Each
year, WIA and the vocational rehabilitation programs serve millions of
Americans in need of job training and employment services. But with a
rapidly changing workforce and a competitive global economy, we need to
update and improve the workforce training programs.
For 40 years, these vital programs have been authorized and
reauthorized through bipartisan collaboration, and I am happy to see
that that tradition continues today. I am especially pleased that the
bill maintains strong protections and funding for populations in need,
while also streamlining programs and creating new accountability
measures.
This bill improves job training programs and aligns the training with
real-world labor market needs. It better aligns vocational
rehabilitation programs with special education services to help youth
with disabilities transition into college or the workforce. It empowers
people with disabilities to succeed in competitive, integrated
employment. And it emphasizes the needs of youth, dislocated workers,
undereducated adults, and English learners.
But this bill also makes other critical changes. Similar to the
Tierney-Hinojosa Democratic bill, this agreement makes job training
programs more efficient and effective. It requires that States develop
unified workforce plans to coordinate their job training programs. It
standardizes accountability metrics across all programs. It cuts the
size of State and local boards so they can be more flexible and
strategic. And it includes new benchmarks to help training program
participants earn certifications that will allow them to find
employment.
The bill also includes innovative policy solutions. Most importantly
to me, this bill better connects job training programs with the needs
of local employers and gives local employers a larger voice, and it
requires sector initiatives at both the State and local levels.
{time} 1300
It gives workers access to training for long-term job readiness and
not just immediate employment. It helps prevent students with
disabilities from being funneled into subminimum wage
[[Page H5966]]
employment, and it includes competency-based education, so that adults
can get credit for what they have already learned.
Now, some will say the bill doesn't cut enough programs, and others
will say that it didn't create enough new programs, but this is
compromise legislation that aims for the middle ground. I think it has
been accomplished, and I think the efficiencies have also been
accomplished in this legislation.
Madam Speaker, I ask for an ``aye'' vote on H.R. 803, and I think it
will support much, much-needed improvements to the primary Federal
program that invests in America's workforce. Again, I thank my
colleagues on the committee for all their attention and all their hard
work.
Mr. KLINE. Madam Speaker, may I inquire as to the time remaining on
each side?
The SPEAKER pro tempore (Mrs. Black). The gentleman from Minnesota
has 11 minutes remaining. The gentleman from Massachusetts has 8\1/2\
minutes remaining.
Mr. KLINE. Madam Speaker, now, I am pleased to yield 1 minute to the
gentleman from Tennessee, Dr. Roe, the chair of the Subcommittee on
Health, Employment, Labor, and Pensions.
Mr. ROE of Tennessee. Thank you, Mr. Chairman.
Madam Speaker, I rise in strong support of the conference report for
H.R. 803, the Workforce Innovation and Opportunity Act.
Today, 9.5 million Americans are out of work, despite 4.6 million job
openings. As our economy changes, so too will the jobs available, and
we will have seen more and more less-skilled workers and jobs being
replaced by skills-intensive jobs. We have to make sure our workforce
can keep up, or we will lose these jobs to countries that prioritize
the development of these skills.
H.R. 803 works to close the skills gap that prevents our workers from
securing a job in a number of ways. The bill makes the job training
system easier to use, and at one point, there were 40 different jobs
training programs in the Federal Government whose missions often
overlapped and left jobseekers confused.
This legislation consolidates 15 ineffective or duplicative programs
and makes the job of navigating a complicated bureaucracy easier for
jobseekers.
We reform workforce training boards to ensure that a majority of
board members are from the business community--the job creators who
know best what skills they need in their workforce.
Madam Speaker, this legislation is a good first step to helping the
unemployed, particularly those who have been out of work for many, many
months. I encourage my colleagues to support this conference report and
help our friends and neighbors get back to work.
Mr. TIERNEY. At this time, I would like to yield 1 minute to the
gentleman from Colorado, Jared Polis.
Mr. POLIS. I thank the gentleman from Massachusetts.
Madam Speaker, 1998 was the last time the Workforce Investment Act
was authorized. I recall I was on the State board of education in
Colorado in 2000 and 2006. As the act expired in 2003, they said, Oh,
Congress will do it next year. In 2004, they said, Maybe they will do
it next year. In 2005, Maybe they will do it next year--well, next
year, next year, next year.
Well, I am proud to say that thanks to the work of Chairman Kline,
Ranking Member Miller, Mr. Tierney, and others, we are finally at the
point where we are reauthorizing the Workforce Investment program.
I am particularly thrilled to see that many aspects of my Women WIN
Jobs program are included in this compromise. Women represent half of
our Nation's workforce, yet their vital contributions are too often
compensated at lower levels, and this bill will help ensure that women
receive training for higher-paying jobs to help them reach pay parity
with men.
The legislation's references to assisting women and minorities in
succeeding in nontraditional careers will help women and minorities
participate in higher wage jobs that open the doors of opportunity this
country has to offer.
It is also great that we recognized the need for adult education,
helping many of our new immigrants learn English, so they can live the
American Dream. I applaud my colleagues and their staff in both the
House and the Senate. I look forward to supporting this bill.
Mr. KLINE. Madam Speaker, I now yield 1 minute to the gentleman from
Nevada, Dr. Heck, another key member of the committee.
Mr. HECK of Nevada. Madam Speaker, with Nevada continuing to have one
of the highest unemployment rates in the country, my number one
priority in Congress remains strengthening our economy and getting
Nevadans back to work.
That is why I strongly support the bipartisan Workforce Innovation
and Opportunity Act, which streamlines and strengthens local workforce
investment boards and ensures they are training workers for the jobs of
today and tomorrow, not the jobs of yesterday.
I proposed similar reforms as part of the local JOBS Act, which I
introduced after hearing from countless employers that they were
looking to hire, but unable to find workers with the skills they
required. This bill will help solve that problem.
Madam Speaker, I want to thank Chairman Kline, Ranking Member Miller,
and all those involved in this process for working with me to include
these important changes that will help both unemployed and
underemployed workers gain the skills and training they need to obtain
a good-paying job and grow the middle class.
I urge support for this bill.
Mr. TIERNEY. Madam Speaker, at this time, I would like to yield 1
minute to our colleague from Oregon, Suzanne Bonamici.
Ms. BONAMICI. Madam Speaker, I rise today to support the bipartisan
Workforce Innovation and Opportunity Act. This bill shows that we can
work together to adopt policies that will put our constituents back to
work, give them opportunity, and keep our economy on the road to
recovery.
One of the first bills I introduced in Congress was the WISE
Investment Act that was designed to address the skills gap challenge by
matching local businesses with workforce boards and community colleges
to train our out-of-work constituents for in-demand occupations.
Although I was disappointed that that act was not included within
this bill, the Workforce Innovation and Opportunity Act, the bill does
take steps to ensure that local businesses have a role in job training
by including an important focus on sector partnerships.
Madam Speaker, this bill represents a strong step forward for our
Nation's unemployed and for our economy. I commend Chairman Kline,
Ranking Member Miller, and my colleagues on the committee for their
work to bring this bill to the floor, and I urge its adoption.
Mr. KLINE. Madam Speaker, now, I would like to yield 2 minutes to the
gentleman from Kentucky (Mr. Guthrie), another member of the committee.
Mr. GUTHRIE. Madam Speaker, I rise today to support the Workforce
Innovation and Opportunity Act, and it is important. When I first came
to Congress, I was the sponsor of this bill when it was in our
committee when I first came here.
My experience is I worked for 18 years before I came to Congress in
my family's manufacturing business. I remember, when I first got there,
we needed skilled workers. We were trying to find skilled workers, and
we found out we had a plant full of very smart people who just didn't
figure it out when they were in high school for some reason.
I have seen what additional training and education will do for
adults--take some of the tool and diemakers in our world, robotics
repairmen, and computer-controlled machine programers to a high-wage,
high-skilled job and lifestyle.
Also, as I travel through my district--I travel through my district
all the time--and all of us do--go into businesses, and there is not a
single business that I visited any time recently, even with the
unemployment numbers where there are, not a single business, whether or
not they are advertising in the paper for applications or not, but not
a single one that says
[[Page H5967]]
that, if the right person came today with the skills that I need, I
would hire them.
This is why we are here today. This is what is happening. The process
has worked. We are coming together as a country today, to make sure
that the workers are getting a hand up, and we are going to make sure
they have the opportunity to improve themselves.
I have seen it, Madam Speaker, I have seen it. When people go through
these programs and they complete them successfully, they don't just
become a more valuable employee. Each employee becomes more valuable to
his and herself.
I am very proud to be here. I am very proud to support this. I
appreciate our chairman and Ms. Foxx of North Carolina and all the work
together through the House and the Senate, to give the workers of
America a victory today.
Mr. TIERNEY. Madam Speaker, at this point, I would like to yield 1
minute to the gentleman from Connecticut, Joe Courtney, who has been a
strong member of the committee and an advocate of workforce investment
for some time.
Mr. COURTNEY. Madam Speaker, I rise in support of this bipartisan
consensus bill, and I want to congratulate Mr. Tierney for his
steadfast work going back years, in terms of getting this to this point
here today.
I also want to congratulate the members from across the aisle who, in
agreeing to this bill, rejected the sequester level of spending, which
was in the original bill that was passed earlier this session.
That sequester level of spending was going to handcuff job training
efforts, so that we could not, in fact, achieve the goals that this
bill will, in fact, get us to when it passes later today.
For example, the bill allows the employer support to go to 75 percent
for on-the-job training and 20 percent support for incumbent worker
training. Allowing that support to rise will give employers the
flexibility and the opportunity to give new workers the skills that
they need for advanced manufacturing and high-skilled jobs that they
can't take that risk on for people with the cost that it would bear.
This bill gives them that support and that help, but it is because we
rejected the unrealistic sequester levels, which the Ryan budget and
which the original bill incorporate.
Now, let's do it for cancer research. Let's do it for law
enforcement. Let's do it for homeland security. Let's get rid of
sequester, and let's allow this economy and this country to get the
resources it needs to grow and thrive for its middle class.
Mr. KLINE. Madam Speaker, now, I would like to yield 1\1/2\ minutes
to the gentleman from Pennsylvania (Mr. Kelly), a member of the
committee.
Mr. KELLY of Pennsylvania. Madam Speaker, I thank the chairman.
Listen, I am so glad to be here today, talking about the Workforce
Innovation and Opportunity Act. As we congratulate each other on this
great work--this bipartisan work and bicameral, in saying, my, what a
wonderful piece of legislation--because what we are really trying to do
is get people back to work.
In Webster's definition of ``education,'' the ultimate function of
education is to prepare us for complete living. That is the key to
this.
Do you know who the biggest winner in this program is? The
hardworking American taxpayers who fund every penny of these programs--
I think, sometimes, we forget about who it is that does this.
We think it actually takes place in this House. It doesn't. It takes
place in houses, but it is the homes around the United States. It is
these hardworking American taxpayers that deserve a much better return
on their investment. It is just that simple.
If we are going to get people ready for the labor market, let's
redirect those funds, and let's make sure that it is more effective,
more efficient, and something that the people look at and say: Do you
know what? I didn't mind putting money in those programs because there
was a positive result from it.
From the standpoint of congratulating each other and patting each
other on the back and saying how wonderful this is, what I really want
to do is take this moment to thank the hardworking American taxpayers
who fund every single penny of these programs.
I thank you all for your work on it; Mr. Chairman, I thank you.
Mr. TIERNEY. Madam Speaker, at this point in time, I yield such time
as he may consume to the gentleman from Illinois (Mr. Danny K. Davis)
to engage in a colloquy.
Mr. DANNY K. DAVIS of Illinois. I thank the gentleman from
Massachusetts for addressing this important matter. The purpose of this
colloquy is to clarify the intent of section 225 of the Workforce
Innovation and Opportunity Act.
As we know, correctional education and job training are greatly
needed. They foster successful reentry through increased employment and
decreased criminal behavior and save taxpayer money.
I am pleased that the bill before us broadens the use of funds for
correctional education to include a range of education and job training
activities needed by incarcerated individuals for educational and
career advancement.
I want to make clear the congressional intent of section 225 to
include activities that support transitions to postsecondary education,
workforce training offered alongside adult education, or concurrent
enrollment for the purpose of educational and career advancement, also
attaining a recognized postsecondary credential, which may include an
associate or baccalaureate degree.
Mr. TIERNEY. Will the gentleman yield?
Mr. DANNY K. DAVIS of Illinois. I yield to the gentleman from
Massachusetts.
Mr. TIERNEY. As I understand section 225, the definitions that you
mentioned are as you stated.
Mr. DANNY K. DAVIS of Illinois. Madam Speaker, I thank the gentleman
for clarifying the congressional intent of section 225. I urge passage
of this bill.
Mr. KLINE. Madam Speaker, I now yield 1\1/2\ minutes to the
gentlewoman from Indiana (Mrs. Brooks), another member of the
committee.
Mrs. BROOKS of Indiana. Madam Speaker, I rise today in support of
Americans who want to fill the 4.6 million open jobs that are in this
country today.
I rise in support of the Hoosiers who want to fill 150 open jobs in
the small community of Hartford City, Indiana, and I rise in support of
this bipartisan SKILLS Act, the legislation that will help Americans
get the skills they need to fill these job openings.
Employers tell me, day in and day out, that they can't find the
workers with the skills necessary to fill open jobs, and by
streamlining our bureaucratic Federal workforce training system, the
SKILLS Act will provide workers faster access to in-demand job
training.
I am proud to say the SKILLS Act also includes an amendment I
offered, giving States and those local workforce boards more
flexibility to support local job training programs that demonstrate
success.
Programs like EmployIndy's PriorITize program provides technology
training to so many adults who lack the technology skills they need.
{time} 1315
When it comes to our workforce training system, it is time to make
smarter investments; this bill does that. It is time to choose people
over paperwork; this bill does that.
Madam Speaker, there are 4.6 million open jobs in this country. Let's
fill those jobs. Let's pass the SKILLS Act.
Mr. TIERNEY. Madam Speaker, I yield 1 minute to the gentleman from
Iowa (Mr. Loebsack).
Mr. LOEBSACK. Madam Speaker, I thank the gentleman from Massachusetts
for all of his hard work on this bipartisan bill.
Madam Speaker, I rise today in support of the Workforce Innovation
and Opportunity Act. This reauthorization of the Workforce Investment
Act is absolutely critical to our economic recovery, and I am pleased
this agreement came together in a truly bipartisan fashion.
I am also pleased that this bill contains large portions of the
SECTORS Act, which I introduced to close the gap between the kinds of
skills workers have and the skills that businesses need. As I meet with
business leaders in Iowa, what I hear time and time again is that they
are unable to find
[[Page H5968]]
workers with the skill sets they need to hire. I also hear from many
individuals who are out of a job and struggling to find work that
matches their skills. This is why my SECTORS Act is so important. It
brings together businesses, labor organizations, and education and
training providers to target workforce development efforts, and it
fosters the kinds of skills that local businesses need right now. This
bill requires local workforce development agencies to implement these
sector partnerships to get people back to work and move our economy
forward.
I want to thank in particular Chairwoman Foxx, and I want to thank
Chairman Kline, Ranking Member Miller and, beyond that, my friend Tom
Harkin.
I urge Members to support this legislation.
Mr. KLINE. Madam Speaker, I now yield 2 minutes to the gentleman from
Indiana (Mr. Rokita), the chair of the Subcommittee on Early Childhood,
Elementary, and Secondary Education.
Mr. ROKITA. Madam Speaker, I thank Chairman Kline, Dr. Foxx, the
entire staff of the Education and the Workforce Committee, and everyone
for working together on what is in every respect better. This bill is
better than what is in current law.
I think we need to take just a minute and recognize that, because in
a lot of ways and in a lot of different examples we don't recognize
that. There are gains to be locked in, so let's do it. Let's start with
this bill. If there is a gain to be locked in, let's lock it in and
stand on the shoulders of that gain and continue working to improve not
only this language, not only these programs, but everything we do
around here.
As a member of the Education and the Workforce Committee, I know that
a skilled workforce is essential for remaining economically
competitive. In fact, every American knows that. If we are going to be
competitive in a 21st century global world and win, then we need these
programs and these precious dollars. Especially when we are at a time
when we are $17.5 trillion in debt with more on the way, we need these
programs working well. This bill does that. It reduces red tape and
aims to end the fragmented nature of workforce services provided at the
Federal, State, and local level. It eliminates 15 ineffective and
duplicative programs, ensuring that our workforce investment is
targeted and efficient.
I know and I take to heart what Ranking Member Miller said: some of
us wish there are more programs reformed or even eliminated altogether;
some of us wish there were 15 more programs added. But again, this is a
step in the right direction. I urge my colleagues to lock in the gain.
Let's stand on the shoulders of this and get to other matters.
Mr. TIERNEY. Madam Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Madam Speaker, I rise in support of the
Workforce Innovation and Opportunity Act. As our Nation continues to
recover from the Great Recession, we must continue to prepare our
Nation's workers for the jobs of the future.
The Workforce Innovation and Opportunity Act will make long-needed
improvements in workforce investment programs and services, including
many that will benefit those who are often left behind. The legislation
contains an enhanced definition of ``individuals with barriers to
employment'' that explicitly includes workers over the age of 55 as
well as the long-term unemployed. This means State and local workforce
plans must include goals and strategies for serving these and other
disenfranchised groups.
Additionally, the bill requires that 75 percent of youth funding in
the bill support out-of-school youth. Once a juvenile falls off of the
right track, he or she will face a range of problems that taxpayers
will be on the hook for, especially social services and possibly
incarceration. By investing in out-of-school youth, we are investing
money on the front end so we won't have to end up paying the bill on
the back end.
This bill represents a good faith compromise, and I urge my
colleagues to support it.
Mr. KLINE. Madam Speaker, may I inquire as to how much time remains
on each side?
The SPEAKER pro tempore. The gentleman from Minnesota has 2\1/2\
minutes remaining. The gentleman from Massachusetts has 2 minutes
remaining.
Mr. KLINE. Madam Speaker, I have two speakers who will apparently not
make it to the floor, so I reserve the balance of my time to close.
Mr. TIERNEY. Madam Speaker, I yield 1 minute to the gentleman from
New Jersey (Mr. Holt).
(Mr. HOLT asked and was given permission to revise and extend his
remarks.)
Mr. HOLT. Madam Speaker, I thank my friend from Massachusetts, and I
rise in support of this important bill. I want to point to one good
aspect of it.
I am pleased that the bill recognizes libraries as an integral part
of helping the unemployed and underemployed get good jobs. Libraries,
often at their own expense, are already helping many reach work with
literacy skills, resume writing, computer skills, and librarians are
offering a wealth of experience in assisting individuals to take
advantage of all of the things that libraries offer.
Specifically, this bill includes a number of provisions from my bill,
the Workforce Investments through Local Libraries Act, known as the
WILL Act. The bill before us today will allow libraries to receive
funds to continue their great work.
The Workforce Investment Act became law in 1998 and has not been
updated over all these years. For 16 years, the Workforce Investment
Act has been an important, nonpartisan help to workers and employers.
However, over those years, employers' needs have changed and the skills
needed to obtain good jobs have changed. This bill modernizes the
programs that keep America competitive.
Mr. TIERNEY. Madam Speaker, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Speaker, I rise in support of this bipartisan
legislation reauthorizing the Workforce Investment Act and the critical
job training programs that help unemployed and underemployed Americans
find work and get back on their feet. No investment is more critical
than investment in our human capital. These job training programs make
opportunity real. They benefit families and working people who need
help, people who have played by the rules. Businesses rely on these
programs to fill vacant positions with qualified and skilled workers.
This bill, the product of many years of bipartisan negotiations,
takes what is already working and improves on it. It streamlines and
provides stability to these critical programs, while including
important protections for workers with disabilities. It encourages
partnerships between the workforce system and our community colleges
while enhancing adult education and encouraging innovation in adult
training.
Members of both parties have understood the vital role of the
government in helping people help themselves by providing access to
workforce development. The bill is a good compromise. It makes good on
a critical promise to our workers and businesses. I urge my colleagues
to support it.
I thank Mr. Tierney, Mr. Miller, and those on the other side of the
aisle for coming together and passing this very important piece of
legislation.
Mr. TIERNEY. Madam Speaker, I yield back the balance of my time.
Mr. KLINE. Madam Speaker, I yield myself the balance of my time.
We have heard a lot of conversation today about the bipartisan and
bicameral nature of this, and it certainly is. I want to take a couple
of minutes to clear up a couple of misinformation items that are out
there.
One, it was suggested that this paid no attention to sequestration;
it was sort of a runaway spending. The funds authorized in this bill
are entirely consistent with the Budget Control Act, I would like to
reassure my colleagues on both sides.
And then someone said this was a conference report, and I understand
where they might have that understanding because we are treating it
much as a conference report. The technical facts are that the House
passed a bill, the SKILLS Act. The Senate committee moved a bill, but
it didn't move to the Senate floor. Even despite that, we were able to
step forward and treat this in a very bipartisan, bicameral way,
working towards a compromise so that we could pass it in the Senate.
[[Page H5969]]
Again, I want to thank all of my Senate colleagues on both sides of
the aisle for working very, very hard to get this through the Senate
and its quite interesting processes and my colleagues on both sides of
the aisle here for taking it up right away when it has come back from
the Senate so that we can pass this bill and get it to the President
for signature and help those 4.5 million Americans get back to work,
help the employers get the employees they need, and we can help the
American taxpayer, as my friend Mr. Kelly said, by making the system
more accountable and more responsible.
With that, Madam Speaker, I urge my colleagues to support this
legislation.
I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, as a senior member of the Judiciary
Committee, I rise in support to H.R. 803, the ``Workforce Innovation
and Opportunity Act.''
I support this bipartisan legislation because it will modernize
existing federal workforce development programs and prepare workers for
the global economy of the 21st century.
This bill represents a bicameral compromise between the SKILLS Act
passed by the House in March 2013 and the workforce training bill
reported by the Senate HELP Committee in July of the same year.
The Senate passed this bipartisan agreement on June 25, thus passage
by the House today will send the bill to the President's desk for his
signature.
Madam Speaker, by 2022, the United States will need 11 million
workers with postsecondary education to stay competitive in the global
economy.
Currently, 52 percent of adults between the ages of 16-65 in the
United States lack the literacy skills necessary to succeed in
postsecondary education and work.
Additionally, individuals with disabilities have the highest rate of
unemployment of any group, and more than two-thirds do not participate
in the workforce at all.
Madam Speaker, we need to help put more Americans back in the
workforce.
This legislation will support access to real-world education in
fields that are in demand locally and help more workers, including
those with disabilities, across the country find a good job or train
for a new career.
This bill invests in America's competitiveness by:
1. Providing adult education and workplace skills, such as English
Literacy and Civic Education Program for adult learners;
2. Supporting programs and training for disconnected youth, Native
Americans, migrant, and seasonal farm workers; and
3. Strengthening vocational rehabilitation programs to assist
individuals with disabilities to enter the workforce.
In addition to helping workers attain the skills for 21st needed for
the jobs of the 21st century, this bill will create a more streamlined
workforce development system that will better coordinate services by:
1. Eliminating 15 existing programs;
2. Applying a single set of outcome metrics to every federal
workforce programs;
3. Creating more strategic state and local workforce development
boards; and
4. Eliminating the ``sequence of services'' to allow local areas to
better meet the unique needs of individuals.
Madam Speaker, in Houston, Texas, we have three centers which help
the economically disadvantaged learn a career, earn a high school
diploma or GED, and find and keep a good job: Gary Job Corps Center,
Job Corps, and Workforce Solutions.
H.R. 803 will provide much needed assistance to these centers and
enable them to continue their good work of providing the technical and
job training skills that will enable adults, dislocated workers, and
youth residents to succeed in the workplace.
Madam Speaker, this bipartisan legislation will prepare workers for
the 21st century workforce, while helping businesses find the skilled
employees they need to compete.
I urge all of my colleagues to join me in supporting passage of H.R.
803.
Mr. LANGEVIN. Madam Speaker, I rise to express my strong support for
H.R. 803, the Workforce Innovation and Opportunity Act (WIOA). This
bill passed the Senate by a vote of 95-3, and I hope it will clear the
House with similar support so it can be quickly signed into law by the
President.
It is expected that by 2022, the United States will face a shortage
of 11 million workers with the necessary level of postsecondary
education, including 6.8 million workers with bachelor's degrees, and
4.3 million workers with a postsecondary vocational certificate, some
college credits or an associate's degree.
As co-chair of the bipartisan Congressional Career and Technical
Education Caucus, reauthorizing the Workforce Investment Act has been
one of my longstanding priorities. The Workforce Investment Act was
originally passed in 1998 in an effort to improve federal job training
programs. Since the law expired in 2003, it has been supported by
annual appropriations, but funding levels have not been adjusted to
reflect the many economic changes that have taken place over the past
16 years.
One of the biggest challenges confronting our economy is the skills
gap. In conversations with businesses across my home state of Rhode
Island, I constantly hear that they are unable to find workers with the
skills necessary to succeed. WIOA modernizes and improves existing
federal workforce development programs and helps workers attain skills
for 21st century jobs, while helping businesses find the skilled
employees they need to compete. Among its many provisions, the
agreement also reauthorizes and amends the Rehabilitation Amendments of
1973 to improve disability-related workforce training, employment,
independent living, and research programs.
Under this bill, workers, employers, and educators will be able to
better coordinate on workforce development programs and skills
training, and ensure that individuals with disabilities have the skills
necessary to be successful in businesses that provide competitive,
integrated employment. Meanwhile, local workforce investment boards
will be able to tailor services to their region's employment and
workforce needs.
WIOA also makes significant improvements to Job Corps. In Exeter, RI,
we are fortunate to have one of the nation's top-performing Job Corps
centers. Now we can build on our past successes through increased data
collection and greater technical assistance from the Department of
Labor, while allowing operators of high-performing facilities to
compete for contract renewal.
The bill before us today is the product of bipartisan negotiations
between the House and Senate. Both parties and both chambers have
worked hard on this, and I am pleased that we are now taking action.
Every community across the country benefits from workforce training
programs to provide the skills necessary to drive job creation and
economic growth. I urge my colleagues to support this bill.
Mr. KLINE. Madam Speaker, I submit the following explanation of
Manager's Views for H.R. 803. The entire Statement of Managers to
Accompany the Workforce Innovation and Opportunity Act can be found in
the Congressional Record on June 25, 2014 (beginning on S3982) and on
the Committee on Education and the Workforce website at
www.edworkforce.house.gov.
IV. Explanation of the Bill and Managers' Views
Sections 1, 2, and 3. Sections 1, 2, and 3 describe the
short title for the bill, the Workforce Innovation and
Opportunity Act; include the purposes of the Act; and state
the definitions for the Act, which are intended to have the
same meaning under each program authorized under the Act
unless otherwise stated. The definitions identify the ``core
programs'' under the Act, which consist of title I State
grant programs; title II adult education programs; the
employment service under title III amendments to the Wagner-
Peyser Act; and State vocational rehabilitation programs
under title IV.
Title I--Workforce Development Activities; Providers; Job Corps;
National Programs; and Administration
Title I of the underlying bill includes the primary
components of State and local area workforce development
systems as well as several national programs for youth and
special populations. In order to strengthen and streamline
the workforce system, the title focuses on changes to
governance, including reducing the number of required board
members at the State and local level; requiring one, unified
State plan; and promoting local workforce areas more closely
aligned to labor markets and economic development regions
while preserving a locally driven workforce system. The bill
also promotes the themes of providing employment services and
workforce development along a career pathway for
participants, and education training in line with in-demand
industry sectors and occupations for a region.
Workforce Boards
In order for boards to be more strategic, the bill reduces
the number of required board members at both the State and
local level. The boards remain a business majority with a
business chairperson, while the representation for the
workforce is increased. At the local level, with the
exception of the core programs under the Act, the one-stop
partners are no longer required members.
Workforce Plans
To support a strategic, comprehensive, and streamlined
system, the bill requires one, unified State plan, covering
four years, to meet the requirements for each of the core
programs The plan also requires a description of the State's
overall strategy for workforce development and how the
strategy will help meet identified skill needs for workers,
job seekers and employers in the State. This unified plan
will improve service delivery to individuals as well as
reduce administrative costs and reporting requirements at the
State level. In order to promote a one-stop system that
accommodates the needs of individuals with disabilities, the
State and local plans must include a description of how the
one-stop system in the State will comply with the applicable
requirements of section 188 and the Americans with
Disabilities Act
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regarding the accessibility of programs and facilities for
people with disabilities.
Workforce Development Areas
In order to maintain the balance between governors and
local elected officials, the bill requires States to consult
with local boards and chief elected officials in order to
identify local areas and planning regions that are in
alignment with labor markets and regional economic
development areas. The bill allows for initial and subsequent
designations based on performance, fiscal integrity, and
participation in regional coordination activities, including
regional planning, information sharing, pooling of
administrative costs, and coordination of service delivery.
Performance Accountability
In order to promote increased transparency about the
outcomes of Federal workforce programs, the bill includes six
primary indicators of performance for adults served under
programs authorized under the Act, and six primary indicators
for youth served under the Act. Commonality among the
indicators will allow policymakers, program users, and
consumers to better understand the value and effectiveness of
the services. The managers recognize that for those
participants who have low levels of literacy skills, or who
are English language learners, the acquisition of basic
English literacy and numeracy skills are critical steps to
obtaining employment and success in postsecondary education
and training. Therefore, the term ``measurable skill gains''
referred to under indicator V in this section for adults and
youth, is intended to encourage eligible providers under
title II to serve all undereducated, low-level, and under
prepared adults. The managers agree that reporting and
evaluation requirements are important tools in measuring
effectiveness, especially for the core programs. Therefore,
the legislation includes performance reports to be provided
at the State, local and eligible training provider levels, as
well as evaluations of the core programs by States.
One-Stop Infrastructure
To improve the quality of the one-stop delivery system, the
bill requires the State board, in consultation with chief
local elected officials and local boards, to establish
criteria for use by the local board in assessing the
effectiveness, physical and programmatic accessibility, and
continuous improvement of one-stop centers and delivery
systems at least every three years. Regarding infrastructure
funding for one-stop centers, the bill maintains requirements
for the mandatory one-stop partners in a local area to reach
a voluntary agreement, in the form of a memorandum of
understanding, to fund the costs of infrastructure, other
shared costs, and how the partners will deliver services
under the system. If local areas fail to come to an agreement
regarding sufficient funding of one-stop infrastructure
costs, a State one-stop infrastructure funding mechanism can
be imposed for those local areas. Mandatory partner program
contributions, pursuant to the State one-stop infrastructure
funding mechanism, are based on the proportionate use of the
one-stop centers and subject to specified caps.
Employment and Training Activities
For youth, the bill utilizes the existing formula to allot
funds to States for youth services. It improves upon existing
youth services by placing a priority on out-of-school youth
(75 percent of funding at the State and local level), and
focusing on career pathways for youth, drop-out recovery
efforts, and education and training that lead to the
attainment of a high school diploma and a recognized
postsecondary credential. A priority is also included for
work-based learning activities.
For adults and dislocated workers, the bill utilizes the
existing formulas with the inclusion of a minimum and maximum
allotment percentage for the dislocated worker formula
beginning in fiscal year 2016. The managers believe the
addition of the minimum and maximum percentages will help
bring stability to the only formula that currently does not
include such mechanisms, and will reduce funding volatility
for States year to year. The bill preserves the governor's 15
percent set aside for statewide activities.
To eliminate the perceived ``sequence of services'' under
current law, requiring an individual to proceed through core
and intensive services before training eligibility can be
determined, the bill consolidates core and intensive services
into a new ``career services'' category. While the services
remain similar to those under current law, the structure is
intended to provide more flexibility to one-stop staff in
determining a participant's need for training. Local boards
are required to convene, use, or implement industry or sector
partnerships. The bill also improves upon the mechanisms for
local boards to provide education and training to eligible
participants by adding the following optional methods, under
certain guidelines, for training--contracting for classes of
training for multiple participants or on a pay-for
performance basis; incumbent worker training; and
transitional jobs strategies. Finally, the title includes
authorization levels for appropriations for the State grant
programs
Job Corps
The bill improves upon the current Job Corps program by
strengthening the contracting requirements for centers,
requiring the program use the performance accountability
indicators for youth described in section 116 and
strengthening reporting requirements, and allowing the
Department of Labor to provide technical assistance to
centers. The bill includes requirements for a financial
report and a third party review of the program every five
years. The bill also includes a provision allowing operators
of a high-performing center, defined by performance criteria,
to be eligible to compete in any procurement process for that
center. Where there is not sufficient performance information
for the time period required under section 147(b)(2)(B) or
section 147(b)(3) due to the effects of a natural disaster or
the participation of the center in a performance pilot
program, it is the intent of the managers the Secretary apply
the provisions of that section to any performance information
that is available to the Secretary from the relevant period
preceding the time the determination under that provision is
made. This would allow entities operating the center to have
an opportunity to meet performance requirements allowing them
to compete where the absence of complete information is not
the fault of the operating entity.
National Programs
The bill reauthorizes the Native American program; the
Migrant and Seasonal Farmworker program; and YouthBuild. It
also includes provisions for National Dislocated Worker
Grants; technical assistance under title I; and evaluations,
research, studies and multistate projects conducted by the
Secretary of Labor. The bill requires the Secretary of Labor
to conduct a multistate study on strategies for placing
individuals in jobs and education and training programs that
lead to equivalent pay for men and women, including the
participation of women in high-wage, high-demand occupations
in which women are underrepresented. We believe this is
important because a key element of raising women's wages is
to provide access to occupations that are predominantly held
by men, pay well, and are in demand in the economy. Many
occupations today are still dominated by one gender, with
more than 75 percent of the jobs in that occupation held by
men or by women. Jobs that are predominantly held by men--in
industries like transportation, manufacturing, or
construction trades--often pay considerably more than jobs
traditionally held by women, such as child care workers,
health care workers, clerical workers, or workers in retail
or other service sectors industries. The managers expect the
Secretary to review existing programs and research, State
laws and initiatives, and any other relevant project, to
determine successful strategies for placement and retention
of women in relevant training or jobs and to provide States
and localities with the information, tools, and assistance
they need to develop programs and activities that will
replicate such strategies. We request completion of this
project within eighteen months of enactment.
The bill requires an independent evaluation of the
activities under title I at least once every four years for
the purpose of improving the management and effectiveness of
programs and activities. In recognition of the changing
demands of the economy, the bill allows the YouthBuild
program to expand into additional in-demand industry sectors
or occupations in the region.
The bill includes authorization of appropriations for the
programs under subtitle D.
Administration
The bill adds restrictions against lobbying activities with
funds under this title. The managers do not intend for these
provisions to restrict awareness or outreach activities
regarding services and activities under title I.
Title II--The Adult Education and Family Literacy Act
In reauthorizing title II, the Adult Education and Family
Literacy Act, the bill places an emphasis on ensuring States
and local providers offer basic skills, adult education,
literacy activities, and English language acquisition
concurrently or integrated with occupational skills training
to accelerate attainment of secondary school diplomas and
postsecondary credentials. Making sure these skills are
solidly in place for all students is a priority. The bill
also emphasizes utilization of a career pathway approach for
adult learners to support transitions to postsecondary
education or training and employment opportunities.
The bill requires all adult basic education and literacy
programs to use the same set of primary indicators of
performance accountability outlined for all employment and
training activities authorized under this Act. Individuals
receiving these services should be able to use these skills
in obtaining a regular secondary school diploma or its
recognized equivalent, obtaining full time employment,
increasing their median earnings, and enrolling in
postsecondary education or training, or earning a recognized
postsecondary credential.
It is essential for adult educators to work closely with
workforce development stakeholders in the State, including
State and local workforce boards. To help in achieving a
seamless statewide workforce development system, the bill
requires title II programs to submit a unified State plan
with the other core programs within this Act. The bill also
provides funds for States to use in offering eligible
providers of adult education technical assistance, providing
professional development training to improve the instruction
and outcomes for adult learners, and conducting evaluations.
It encourages State and local leaders to provide activities
contextually and concurrently with workforce preparation and
training activities for a specific occupation or
occupational cluster for
[[Page H5971]]
the purpose of educational and career advancement.
The bill authorizes national activities to assist States
and local providers in developing valid, measurable, and
reliable performance data, and in using such performance
information for the improvement of adult education and family
literacy education programs. The bill also includes
provisions to support research and evaluation of adult
education activities at the national level. Finally, the bill
places an emphasis on integrating English literacy with
civics education, as well as adult education and occupational
training activities.
Title III--Amendments to the Wagner-Peyser Act
Title III of the Workforce Innovation and Opportunity Act
makes amendments to the Wagner-Peyser Act of 1933, which
authorizes the public employment services and the employment
statistics system. Amendments to the Wagner-Peyser Act
generally maintain current law but also reflect the need to
align the statute with the other changes in the bill such as
including the State employment services in the unified State
plan; aligning performance accountability indicators with
those indicators used for core programs--as described in
section 116 of title I; renaming ``employment statistics'' to
the ``workforce and labor market information system'' and
updating the Workforce Information Council; and providing for
staff professional development in order to strengthen the
quality of services. Authorization of appropriations for the
workforce and labor market information system and the
workforce information council is provided for each of the
fiscal years of 2015 through 2020.
Title IV--Amendments to the Rehabilitation Act of 1973
Title IV of the Workforce Innovation and Opportunity Act
amends and reauthorizes the Rehabilitation Act of 1973. The
Rehabilitation Act was last reauthorized in 1998.
The Rehabilitation Act is an important law for individuals
with disabilities, particularly those with significant
disabilities. It authorizes programs that affect the daily
lives of many individuals with disabilities, including the
vocational rehabilitation program (training, services, and
supports for employment); the independent living program; and
research and information on new technology to assist
individuals with disabilities.
There remains a critical need for employment and training
services for individuals with disabilities. Almost 25 years
after the passage of the Americans with Disabilities Act, it
is still difficult for many individuals with significant
disabilities to find full time employment that is
commensurate with their skills, interests, and goals. Yet
State vocational rehabilitation programs can play a
significant role in meeting this need by providing training,
services and supports for individuals with disabilities.
It is especially important to provide young people with
disabilities more opportunities to practice and improve their
workplace skills, to consider their career interests, and to
get real world work experience. Those activities are
prioritized in the amendments to the Act. For example, the
bill requires State vocational rehabilitation agencies to
make ``pre-employment transition services'' available to all
students with disabilities, and to coordinate those services
with transition services provided under the Individuals with
Disabilities Education Act. State vocational rehabilitation
programs will set aside at least 15 percent of their Federal
program funds to help young people with disabilities
transition from secondary school to postsecondary education
programs and employment.
In addition, these amendments establish a framework to
ensure every young person with a disability, regardless of
their level of disability, has the opportunity to experience
competitive, integrated employment. These requirements will
provide young people with disabilities with the opportunity
to develop their skills and to use supports, available
through State vocational rehabilitation programs, to
experience competitive, integrated employment as they leave
school and enter the workforce.
In order to better align the Independent Living program
that serves individuals with significant disabilities living
in the community with other similar efforts, the amendments
transition the administration of the Independent Living
program from the Department of Education to the Department of
Health and Human Services, Administration for Community
Living. The transition moves the program to an agency with a
lifespan and community focus and will better allow the
program to fulfill its goal to support ``independent living .
. . and the integration and full inclusion of individuals
with disabilities into the mainstream of American society.''
The amendments also incorporate ``independent living'' into
the name and mission of the National Institute on Disability
and Rehabilitation Research and similarly move that program's
administration from the Department of Education to the
Department of Health and Human Services, Administration for
Community Living in order to better align the program
priorities with agency goals and priorities.
Title V--General Provisions
The bill repeals the Workforce Investment Act of 1998 in
its entirety, replacing it with reforms to better serve
unemployed and underemployed workers as well as employers. In
doing so, authority is provided to the Secretaries of Labor,
Education, and Health and Human Services to establish a
smooth and orderly transition period to implement this Act.
Mr. KLINE. Madam Speaker, the Workforce Innovation and Opportunity
Act maintains without change from the Workforce Investment Act of 1998
a nondiscrimination requirement. The requirement not only prohibits
participating organizations from discriminating against those who need
job training assistance, but it also requires faith-based organizations
to stop considering religion when hiring staff as the price of
partnering with the federal government to help these job seekers.
The Religious Freedom Restoration Act of 1993 (RFRA) prohibits the
government from substantially burdening religious exercise. RFRA
applies to every federal law, and it protects the right of religious
hiring, notwithstanding the restrictive language we just affirmed. This
specific use of RFRA is explained in an extensive Office of Legal
Counsel (OLC) memorandum dated June 29, 2007.
This use of RFRA to protect religious hiring by religious
organizations even when a federal grant program prohibits it was
recently reaffirmed by the Office on Violence Against Women (OVAW) of
the Department of Justice. In reauthorizing the Violence Against Women
Act (VAWA) last year, Congress inserted into the law a broad
nondiscrimination requirement such as the one we maintain in today's
workforce bill. On April 9, 2014, OVAW issued ``Frequently Asked
Questions'' about [this new--should this read ``the VAWA'']
nondiscrimination requirement. In Q and A 6, OVAW explained the OLC
memorandum on RFRA's applicability and set out the way a religious
organization that engaged in religious hiring may take part in VAWA-
funded services despite the addition of the nondiscrimination
requirement.
Q and A 6 further includes a link to a longstanding Department of
Justice form, the Certificate of Exemption for Hiring Practices on the
Basis of Religion, used by religious organizations to appeal under RFRA
to participate in DOJ programs.
The religious hiring freedom is a vital freedom for religious
organizations. Therefore I am pleased to stress this important
protection found in the Religious Freedom Restoration Act.
The SPEAKER pro tempore (Mrs. Walorski). The question is on the
motion offered by the gentleman from Minnesota (Mr. Kline) that the
House suspend the rules and concur in the Senate amendments to the
bill, H.R. 803.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TIERNEY. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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