    [113th Congress Public Law 128]
    [From the U.S. Government Publishing Office]

    [[Page 128 STAT. 1425]]

    Public Law 113-128
    113th Congress

                                     An Act

     To amend the Workforce Investment Act of 1998 to strengthen the United
    States workforce development system through innovation in, and alignment
    and improvement of, employment, training, and education programs in the
     United States, and to promote individual and national economic growth,
         and for other purposes. <<NOTE: July 22, 2014 -  [H.R. 803]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Workforce
    Innovation and Opportunity Act.>>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) <<NOTE: 29 USC 3101 note.>>  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.

    [[Page 128 STAT. 1426]]

    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.

    [[Page 128 STAT. 1427]]

                          Subtitle B--State Provisions

    Sec. 221. State administration.
    Sec. 222. State distribution of funds; matching requirement.
    Sec. 223. State leadership activities.
    Sec. 224. State plan.
    Sec. 225. Programs for corrections education and other institutionalized
               individuals.

                          Subtitle C--Local Provisions

    Sec. 231. Grants and contracts for eligible providers.
    Sec. 232. Local application.
    Sec. 233. Local administrative cost limits.

                         Subtitle D--General Provisions

    Sec. 241. Administrative provisions.
    Sec. 242. National leadership activities.
    Sec. 243. Integrated English literacy and civics education.

                 TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT

    Sec. 301. Employment service offices.
    Sec. 302. Definitions.
    Sec. 303. Federal and State employment service offices.
    Sec. 304. Allotment of sums.
    Sec. 305. Use of sums.
    Sec. 306. State plan.
    Sec. 307. Performance measures.
    Sec. 308. Workforce and labor market information system.

             TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973

                       Subtitle A--Introductory Provisions

    Sec. 401. References.
    Sec. 402. Findings, purpose, policy.
    Sec. 403. Rehabilitation Services Administration.
    Sec. 404. Definitions.
    Sec. 405. Administration of the Act.
    Sec. 406. Reports.
    Sec. 407. Evaluation and information.
    Sec. 408. Carryover.
    Sec. 409. Traditionally underserved populations.

                 Subtitle B--Vocational Rehabilitation Services

    Sec. 411. Declaration of policy; authorization of appropriations.
    Sec. 412. State plans.
    Sec. 413. Eligibility and individualized plan for employment.
    Sec. 414. Vocational rehabilitation services.
    Sec. 415. State Rehabilitation Council.
    Sec. 416. Evaluation standards and performance indicators.
    Sec. 417. Monitoring and review.
    Sec. 418. Training and services for employers.
    Sec. 419. State allotments.
    Sec. 420. Payments to States.
    Sec. 421. Client assistance program.
    Sec. 422. Pre-employment transition services.
    Sec. 423. American Indian vocational rehabilitation services.
    Sec. 424. Vocational rehabilitation services client information.

                        Subtitle C--Research and Training

    Sec. 431. Purpose.
    Sec. 432. Authorization of appropriations.
    Sec. 433. National Institute on Disability, Independent Living, and
               Rehabilitation Research.
    Sec. 434. Interagency committee.
    Sec. 435. Research and other covered activities.
    Sec. 436. Disability, Independent Living, and Rehabilitation Research
               Advisory Council.
    Sec. 437. Definition of covered school.

         Subtitle D--Professional Development and Special Projects and
                                  Demonstration

    Sec. 441. Purpose; training.

    [[Page 128 STAT. 1428]]

    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. <<NOTE: 29 USC 3101.>>  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,

    [[Page 128 STAT. 1429]]

            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. <<NOTE: 29 USC 3102.>>  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).

    [[Page 128 STAT. 1430]]

                (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

    [[Page 128 STAT. 1431]]

                    designated under the agreement described in section
                    107(c)(1)(B).
                (10) Community-based organization.--The term ``community-
            based organization'' means a private nonprofit organization
            (which may include a faith-based organization), that is
            representative of a community or a significant segment of a
            community and that has demonstrated expertise and effectiveness
            in the field of workforce development.
                (11) Competitive integrated employment.--The term
            ``competitive integrated employment'' has the meaning given the
            term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C.
            705), for individuals with disabilities.
                (12) Core program.--The term ``core programs'' means a
            program authorized under a core program provision.
                (13) Core program provision.--The term ``core program
            provision'' means--
                        (A) chapters 2 and 3 of subtitle B of title I
                    (relating to youth workforce investment activities and
                    adult and dislocated worker employment and training
                    activities);
                        (B) title II (relating to adult education and
                    literacy activities);
                        (C) sections 1 through 13 of the Wagner-Peyser Act
                    (29 U.S.C. 49 et seq.) (relating to employment
                    services); and
                        (D) title I of the Rehabilitation Act of 1973 (29
                    U.S.C. 720 et seq.), other than section 112 or part C of
                    that title (29 U.S.C. 732, 741) (relating to vocational
                    rehabilitation services).
                (14) Customized training.--The term ``customized training''
            means training--
                        (A) that is designed to meet the specific
                    requirements of an employer (including a group of
                    employers);
                        (B) that is conducted with a commitment by the
                    employer to employ an individual upon successful
                    completion of the training; and
                        (C) for which the employer pays--
                              (i) a significant portion of the cost of
                          training, as determined by the local board
                          involved, taking into account the size of the
                          employer and such other factors as the local board
                          determines to be appropriate, which may include
                          the number of employees participating in training,
                          wage and benefit levels of those employees (at
                          present and anticipated upon completion of the
                          training), relation of the training to the
                          competitiveness of a participant, and other
                          employer-provided training and advancement
                          opportunities; and
                              (ii) in the case of customized training (as
                          defined in subparagraphs (A) and (B)) involving an
                          employer located in multiple local areas in the
                          State, a significant portion of the cost of the
                          training, as determined by the Governor of the
                          State, taking into account the size of the
                          employer and such other factors as the Governor
                          determines to be appropriate.
                (15) Dislocated worker.--The term ``dislocated worker''
            means an individual who--
                        (A)(i) has been terminated or laid off, or who has
                    received a notice of termination or layoff, from
                    employment;

    [[Page 128 STAT. 1432]]

                        (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.

    [[Page 128 STAT. 1433]]

                (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

    [[Page 128 STAT. 1434]]

                    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

    [[Page 128 STAT. 1435]]

                              (xi) other organizations, as determined to be
                          necessary by the members comprising the industry
                          or sector partnership.
                (27) In-school youth.--The term ``in-school youth'' means a
            youth described in section 129(a)(1)(C).
                (28) Institution of higher education.--The term
            ``institution of higher education'' has the meaning given the
            term in section 101, and subparagraphs (A) and (B) of section
            102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001,
            1002(a)(1)).
                (29) Integrated education and training.--The term
            ``integrated education and training'' has the meaning given the
            term in section 203.
                (30) Labor market area.--The term ``labor market area''
            means an economically integrated geographic area within which
            individuals can reside and find employment within a reasonable
            distance or can readily change employment without changing their
            place of residence. Such an area shall be identified in
            accordance with criteria used by the Bureau of Labor Statistics
            of the Department of Labor in defining such areas or similar
            criteria established by a Governor.
                (31) Literacy.--The term ``literacy'' has the meaning given
            the term in section 203.
                (32) Local area.--The term ``local area'' means a local
            workforce investment area designated under section 106, subject
            to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
                (33) Local board.--The term ``local board'' means a local
            workforce development board established under section 107,
            subject to section 107(c)(4)(B)(i).
                (34) Local educational agency.--The term ``local educational
            agency'' has the meaning given the term in section 9101 of the
            Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
                (35) Local plan.--The term ``local plan'' means a plan
            submitted under section 108, subject to section 106(c)(3)(B).
                (36) Low-income individual.--
                        (A) In general.--The term ``low-income individual''
                    means an individual who--
                              (i) receives, or in the past 6 months has
                          received, or is a member of a family that is
                          receiving or in the past 6 months has received,
                          assistance through the supplemental nutrition
                          assistance program established under the Food and
                          Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
                          program of block grants to States for temporary
                          assistance for needy families program under part A
                          of title IV of the Social Security Act (42 U.S.C.
                          601 et seq.), or the supplemental security income
                          program established under title XVI of the Social
                          Security Act (42 U.S.C. 1381 et seq.), or State or
                          local income-based public assistance;
                              (ii) is in a family with total family income
                          that does not exceed the higher of--
                                        (I) the poverty line; or
                                        (II) 70 percent of the lower living
                                    standard income level;
                              (iii) is a homeless individual (as defined in
                          section 41403(6) of the Violence Against Women Act
                          of 1994

    [[Page 128 STAT. 1436]]

                          (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

    [[Page 128 STAT. 1437]]

                    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

    [[Page 128 STAT. 1438]]

            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.

    [[Page 128 STAT. 1439]]

                (60) Training services.--The term ``training services''
            means services described in section 134(c)(3).
                (61) Unemployed individual.--The term ``unemployed
            individual'' means an individual who is without a job and who
            wants and is available for work. The determination of whether an
            individual is without a job, for purposes of this paragraph,
            shall be made in accordance with the criteria used by the Bureau
            of Labor Statistics of the Department of Labor in defining
            individuals as unemployed.
                (62) Unit of general local government.--The term ``unit of
            general local government'' means any general purpose political
            subdivision of a State that has the power to levy taxes and
            spend funds, as well as general corporate and police powers.
                (63) Veteran; related definition.--
                        (A) Veteran.--The term ``veteran'' has the meaning
                    given the term in section 101 of title 38, United States
                    Code.
                        (B) Recently separated veteran.--The term ``recently
                    separated veteran'' means any veteran who applies for
                    participation under this Act within 48 months after the
                    discharge or release from active military, naval, or air
                    service.
                (64) Vocational rehabilitation program.--The term
            ``vocational rehabilitation program'' means a program authorized
            under a provision covered under paragraph (13)(D).
                (65) Workforce development activity.--The term ``workforce
            development activity'' means an activity carried out through a
            workforce development program.
                (66) Workforce development program.--The term ``workforce
            development program'' means a program made available through a
            workforce development system.
                (67) Workforce development system.--The term ``workforce
            development system'' means a system that makes available the
            core programs, the other one-stop partner programs, and any
            other programs providing employment and training services as
            identified by a State board or local board.
                (68) Workforce investment activity.--The term ``workforce
            investment activity'' means an employment and training activity,
            and a youth workforce investment activity.
                (69) Workforce preparation activities.--The term ``workforce
            preparation activities'' has the meaning given the term in
            section 203.
                (70) Workplace learning advisor.--The term ``workplace
            learning advisor'' means an individual employed by an
            organization who has the knowledge and skills necessary to
            advise other employees of that organization about the education,
            skill development, job training, career counseling services, and
            credentials, including services provided through the workforce
            development system, required to progress toward career goals of
            such employees in order to meet employer requirements related to
            job openings and career advancements that support economic self-
            sufficiency.
                (71) Youth workforce investment activity.--The term ``youth
            workforce investment activity'' means an activity described in
            section 129 that is carried out for eligible youth (or as
            described in section 129(a)(3)(A)).

    [[Page 128 STAT. 1440]]

                    TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES

                          Subtitle A--System Alignment

                           CHAPTER 1--STATE PROVISIONS

    SEC. 101. <<NOTE: 29 USC 3111.>>  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

    [[Page 128 STAT. 1441]]

                                        (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;

    [[Page 128 STAT. 1442]]

                (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;

    [[Page 128 STAT. 1443]]

                (6) the development and review of statewide policies
            affecting the coordinated provision of services through the
            State's one-stop delivery system described in section 121(e),
            including the development of--
                        (A) objective criteria and procedures for use by
                    local boards in assessing the effectiveness and
                    continuous improvement of one-stop centers described in
                    such section;
                        (B) guidance for the allocation of one-stop center
                    infrastructure funds under section 121(h); and
                        (C) policies relating to the appropriate roles and
                    contributions of entities carrying out one-stop partner
                    programs within the one-stop delivery system, including
                    approaches to facilitating equitable and efficient cost
                    allocation in such system;
                (7) the development of strategies for technological
            improvements to facilitate access to, and improve the quality
            of, services and activities provided through the one-stop
            delivery system, including such improvements to--
                        (A) enhance digital literacy skills (as defined in
                    section 202 of the Museum and Library Services Act (20
                    U.S.C. 9101); referred to in this Act as ``digital
                    literacy skills'');
                        (B) accelerate the acquisition of skills and
                    recognized postsecondary credentials by participants;
                        (C) strengthen the professional development of
                    providers and workforce professionals; and
                        (D) ensure such technology is accessible to
                    individuals with disabilities and individuals residing
                    in remote areas;
                (8) the development of strategies for aligning technology
            and data systems across one-stop partner programs to enhance
            service delivery and improve efficiencies in reporting on
            performance accountability measures (including the design and
            implementation of common intake, data collection, case
            management information, and performance accountability
            measurement and reporting processes and the incorporation of
            local input into such design and implementation, to improve
            coordination of services across one-stop partner programs);
                (9) the development of allocation formulas for the
            distribution of funds for employment and training activities for
            adults, and youth workforce investment activities, to local
            areas as permitted under sections 128(b)(3) and 133(b)(3);
                (10) the preparation of the annual reports described in
            paragraphs (1) and (2) of section 116(d);
                (11) the development of the statewide workforce and labor
            market information system described in section 15(e) of the
            Wagner-Peyser Act (29 U.S.C. 49l-2(e)); and
                (12) the development of such other policies as may promote
            statewide objectives for, and enhance the performance of, the
            workforce development system in the State.

        (e) Alternative Entity.--
                (1) In general.--For the purposes of complying with
            subsections (a), (b), and (c), a State may use any State entity
            (including a State council, State workforce development board
            (within the meaning of the Workforce Investment Act of 1998, as
            in effect on the day before the date of enactment of this Act),
            combination of regional workforce development boards, or similar
            entity) that--

    [[Page 128 STAT. 1444]]

                        (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) <<NOTE: Public information. Plan.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: 29 USC 3112.>>  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--

    [[Page 128 STAT. 1445]]

                              (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;

    [[Page 128 STAT. 1446]]

                              (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

    [[Page 128 STAT. 1447]]

                              (III) the privacy safeguards incorporated in
                          such system, including safeguards required by
                          section 444 of the General Education Provisions
                          Act (20 U.S.C. 1232g) and other applicable Federal
                          laws;
                              (vi) how the State will implement the priority
                          of service provisions for veterans in accordance
                          with the requirements of section 4215 of title 38,
                          United States Code;
                              (vii) how the one-stop delivery system,
                          including one-stop operators and the one-stop
                          partners, will comply with section 188, if
                          applicable, and applicable provisions of the
                          Americans with Disabilities Act of 1990 (42 U.S.C.
                          12101 et seq.), regarding the physical and
                          programmatic accessibility of facilities,
                          programs, services, technology, and materials, for
                          individuals with disabilities, including complying
                          through providing staff training and support for
                          addressing the needs of individuals with
                          disabilities; and
                              (viii) such other operational planning
                          elements as the Secretary of Labor or the
                          Secretary of Education, as appropriate, determines
                          to be necessary for effective State operating
                          systems and policies.
                        (D) Program-specific requirements.--The unified
                    State plan shall include--
                              (i) with respect to activities carried out
                          under subtitle B, a description of--
                                        (I) State policies or guidance, for
                                    the statewide workforce development
                                    system and for use of State funds for
                                    workforce investment activities;
                                        (II) the local areas designated in
                                    the State, including the process used
                                    for designating local areas, and the
                                    process used for identifying any
                                    planning regions under section 106(a),
                                    including a description of how the State
                                    consulted with the local boards and
                                    chief elected officials in determining
                                    the planning regions;
                                        (III) the appeals process referred
                                    to in section 106(b)(5), relating to
                                    designation of local areas;
                                        (IV) the appeals process referred to
                                    in section 121(h)(2)(E), relating to
                                    determinations for infrastructure
                                    funding; and
                                        (V) with respect to youth workforce
                                    investment activities authorized in
                                    section 129, information identifying the
                                    criteria to be used by local boards in
                                    awarding grants for youth workforce
                                    investment activities and describing how
                                    the local boards will take into
                                    consideration the ability of the
                                    providers to meet performance
                                    accountability measures based on primary
                                    indicators of performance for the youth
                                    program as described in section
                                    116(b)(2)(A)(ii) in awarding such
                                    grants;
                              (ii) with respect to activities carried out
                          under title II, a description of--
                                        (I) how the eligible agency will, if
                                    applicable, align content standards for
                                    adult education with State-adopted
                                    challenging academic content standards,
                                    as adopted under section 1111(b)(1) of
                                    the

    [[Page 128 STAT. 1448]]

                                    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

    [[Page 128 STAT. 1449]]

                          and that the unified State plan is available and
                          accessible to the general public;
                              (iv) <<NOTE: Procedures.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Time period.>>  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

    [[Page 128 STAT. 1450]]

                    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). <<NOTE: Time
                    period. Determination.>>  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) <<NOTE: Time period. Review.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 29 USC 3113.>>  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)).

    [[Page 128 STAT. 1451]]

                        (E) Activities authorized under chapter 2 of title
                    II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
                        (F) Activities authorized under chapter 41 of title
                    38, United States Code.
                        (G) Programs authorized under State unemployment
                    compensation laws (in accordance with applicable Federal
                    law).
                        (H) Programs authorized under title V of the Older
                    Americans Act of 1965 (42 U.S.C. 3056 et seq.).
                        (I) Employment and training activities carried out
                    by the Department of Housing and Urban Development.
                        (J) Employment and training activities carried out
                    under the Community Services Block Grant Act (42 U.S.C.
                    9901 et seq.).
                        (K) Programs authorized under section 212 of the
                    Second Chance Act of 2007 (42 U.S.C. 17532).

        (b) Requirements.--
                (1) In general.--The portion of a combined plan covering the
            core programs shall be subject to the requirements of section
            102 (including section 102(c)(3)). The portion of such plan
            covering a program or activity described in subsection (a)(2)
            shall be subject to the requirements, if any, applicable to a
            plan or application for assistance for that program or activity,
            under the Federal law authorizing the program or activity. At
            the election of the State, section 102(c)(3) may apply to that
            portion.
                (2) Additional submission not required.--A State that
            submits a combined plan that is approved under subsection (c)
            shall not be required to submit any other plan or application in
            order to receive Federal funds to carry out the core programs or
            the program or activities described in subsection (a)(2) that
            are covered by the combined plan.
                (3) Coordination.--A combined plan shall include--
                        (A) a description of the methods used for joint
                    planning and coordination of the core programs and the
                    other programs and activities covered by the combined
                    plan; and
                        (B) an assurance that the methods included an
                    opportunity for the entities responsible for planning or
                    administering the core programs and the other programs
                    and activities to review and comment on all portions of
                    the combined plan.

        (c) Approval by the Appropriate Secretaries.--
                (1) Jurisdiction.--The appropriate Secretary shall have the
            authority to approve the corresponding portion of a combined
            plan as described in subsection (d). <<NOTE: Implementation.>>
            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) <<NOTE: Time periods.>>  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

    [[Page 128 STAT. 1452]]

                    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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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. <<NOTE: 29 USC 3121.>>  WORKFORCE DEVELOPMENT AREAS.

        (a) Regions.--
                (1) <<NOTE: Consultation.>>  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).

    [[Page 128 STAT. 1453]]

                (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) <<NOTE: Consultation.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  Designation on recommendation
            of state board.--The Governor may approve a request from any
            unit of general

    [[Page 128 STAT. 1454]]

            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) <<NOTE: Consultation.>>  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

    [[Page 128 STAT. 1455]]

            plans for each of the local areas in the planning region. The
            State shall provide technical assistance and labor market data,
            as requested by local areas, to assist with such regional
            planning and subsequent service delivery efforts.
                (3) References.--In this Act, and the core program
            provisions that are not in this Act:
                        (A) Local area.--Except as provided in section
                    101(d)(9), this section, paragraph (1)(B) or (4) of
                    section 107(c), or section 107(d)(12)(B), or in any text
                    that provides an accompanying provision specifically for
                    a planning region, the term ``local area'' in a
                    provision includes a reference to a planning region for
                    purposes of implementation of that provision by the
                    corresponding local areas in the region.
                        (B) Local plan.--Except as provided in this
                    subsection, the term ``local plan'' includes a reference
                    to the portion of a regional plan developed with respect
                    to the corresponding local area within the region, and
                    any regionwide provision of that plan that impacts or
                    relates to the local area.

        (d) Single State Local Areas.--
                (1) Continuation of previous designation.--The Governor of
            any State that was a single State local area for purposes of
            title I of the Workforce Investment Act of 1998, as in effect on
            July 1, 2013, may designate the State as a single State local
            area for purposes of this title. In the case of such
            designation, the Governor shall identify the State as a local
            area in the State plan.
                (2) Effect on local plan and local functions.--In any case
            in which a State is designated as a local area pursuant to this
            subsection, the local plan prepared under section 108 for the
            area shall be submitted for approval as part of the State plan.
            In such a State, the State board shall carry out the functions
            of a local board, as specified in this Act or the provisions
            authorizing a core program, but the State shall not be required
            to meet and report on a set of local performance accountability
            measures.

        (e) Definitions.--For purposes of this section:
                (1) Performed successfully.--The term ``performed
            successfully'', used with respect to a local area, means the
            local area met or exceeded the adjusted levels of performance
            for primary indicators of performance described in section
            116(b)(2)(A) (or, if applicable, core indicators of performance
            described in section 136(b)(2)(A) of the Workforce Investment
            Act of 1998, as in effect the day before the date of enactment
            of this Act) for each of the last 2 consecutive years for which
            data are available preceding the determination of performance
            under this paragraph.
                (2) Sustained fiscal integrity.--The term ``sustained fiscal
            integrity'', used with respect to a local area, means that the
            Secretary has not made a formal determination, during either of
            the last 2 consecutive years preceding the determination
            regarding such integrity, that either the grant recipient or the
            administrative entity of the area misexpended funds provided
            under subtitle B (or, if applicable, title I of the Workforce
            Investment Act of 1998 as in effect prior to the effective date
            of such subtitle B) due to willful disregard of

    [[Page 128 STAT. 1456]]

            the requirements of the provision involved, gross negligence, or
            failure to comply with accepted standards of administration.
    SEC. 107. <<NOTE: 29 USC 3122.>>  LOCAL WORKFORCE DEVELOPMENT
                            BOARDS.

        (a) <<NOTE: Certification.>>  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

    [[Page 128 STAT. 1457]]

                          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

    [[Page 128 STAT. 1458]]

                          to the one-stop delivery system, which may include
                          as members representatives of the one-stop
                          partners.
                              (ii) A standing committee to provide
                          information and to assist with planning,
                          operational, and other issues relating to the
                          provision of services to youth, which shall
                          include community-based organizations with a
                          demonstrated record of success in serving eligible
                          youth.
                              (iii) A standing committee to provide
                          information and to assist with operational and
                          other issues relating to the provision of services
                          to individuals with disabilities, including issues
                          relating to compliance with section 188, if
                          applicable, and applicable provisions of the
                          Americans with Disabilities Act of 1990 (42 U.S.C.
                          12101 et seq.) regarding providing programmatic
                          and physical access to the services, programs, and
                          activities of the one-stop delivery system, as
                          well as appropriate training for staff on
                          providing supports for or accommodations to, and
                          finding employment opportunities for, individuals
                          with disabilities.
                        (B) Additional committees.--The local board may
                    designate standing committees in addition to the
                    standing committees specified in subparagraph (A).
                        (C) Designation of entity.--Nothing in this
                    paragraph shall be construed to prohibit the designation
                    of an existing (as of the date of enactment of this Act)
                    entity, such as an effective youth council, to fulfill
                    the requirements of this paragraph as long as the entity
                    meets the requirements of this paragraph.
                (5) Authority of board members.--Members of the board that
            represent organizations, agencies, or other entities shall be
            individuals with optimum policymaking authority within the
            organizations, agencies, or entities. The members of the board
            shall represent diverse geographic areas within the local area.
                (6) Special rule.--If there are multiple eligible providers
            serving the local area by administering adult education and
            literacy activities under title II, or multiple institutions of
            higher education serving the local area by providing workforce
            investment activities, each representative on the local board
            described in clause (i) or (ii) of paragraph (2)(C),
            respectively, shall be appointed from among individuals
            nominated by local providers representing such providers or
            institutions, respectively.

        (c) Appointment and Certification of Board.--
                (1) Appointment of board members and assignment of
            responsibilities.--
                        (A) In general.--The chief elected official in a
                    local area is authorized to appoint the members of the
                    local board for such area, in accordance with the State
                    criteria established under subsection (b).
                        (B) Multiple units of local government in area.--
                              (i) In general.--In a case in which a local
                          area includes more than 1 unit of general local
                          government, the chief elected officials of such
                          units may execute an agreement that specifies the
                          respective roles of the individual chief elected
                          officials--

    [[Page 128 STAT. 1459]]

                                        (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) <<NOTE: Certification.>>  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

    [[Page 128 STAT. 1460]]

                    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

    [[Page 128 STAT. 1461]]

                    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.

    [[Page 128 STAT. 1462]]

                (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) <<NOTE: Certification.>>  shall designate
                          or certify one-stop operators as described in
                          section 121(d)(2)(A); and
                              (ii) may terminate for cause the eligibility
                          of such operators.
                        (B) Selection of youth providers.--Consistent with
                    section 123, the local board--
                              (i) shall identify eligible providers of youth
                          workforce investment activities in the local area
                          by awarding grants or contracts on a competitive
                          basis (except as provided in section 123(b)),
                          based on the recommendations of the youth standing
                          committee, if such a committee is established for
                          the local area under subsection (b)(4); and
                              (ii) may terminate for cause the eligibility
                          of such providers.

    [[Page 128 STAT. 1463]]

                        (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) <<NOTE: Recommenda- tion.>>
                                    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

    [[Page 128 STAT. 1464]]

                          efforts with employers, and other efforts at
                          cooperation, collaboration, and coordination.
                        (C) <<NOTE: Definition.>>  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.

    [[Page 128 STAT. 1465]]

        (e) <<NOTE: Public information.>>  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) <<NOTE: Public information. Time
                          period.>>  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) <<NOTE: Applicability. Time period.>>
                    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

    [[Page 128 STAT. 1466]]

                    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) <<NOTE: Determination.>>  Revocation.--The
                    Governor shall have the authority to revoke the waiver
                    during the appropriate period described in subparagraph
                    (C) if the Governor determines the waiver is no longer
                    needed or that the local board involved has engaged in a
                    pattern of inappropriate referrals to training services
                    operated by the local board.
                (2) Career services; designation or certification as one-
            stop operators.--A local board may provide career services
            described in section 134(c)(2) through a one-stop delivery
            system or be designated or certified as a one-stop operator only
            with the agreement of the chief elected official in the local
            area and the Governor.
                (3) Limitation on authority.--Nothing in this Act shall be
            construed to provide a local board with the authority to mandate
            curricula for schools.

        (h) Conflict of Interest.--A member of a local board, or a member of
    a standing committee, may not--
                (1) vote on a matter under consideration by the local
            board--
                        (A) regarding the provision of services by such
                    member (or by an entity that such member represents); or
                        (B) that would provide direct financial benefit to
                    such member or the immediate family of such member; or
                (2) engage in any other activity determined by the Governor
            to constitute a conflict of interest as specified in the State
            plan.

        (i) Alternative Entity.--
                (1) In general.--For purposes of complying with subsections
            (a), (b), and (c), a State may use any local entity (including a
            local council, regional workforce development board, or similar
            entity) that--
                        (A) is established to serve the local area (or the
                    service delivery area that most closely corresponds to
                    the local area);
                        (B) was in existence on the day before the date of
                    enactment of this Act, pursuant to State law; and
                        (C) includes--
                              (i) representatives of business in the local
                          area; and
                              (ii)(I) representatives of labor organizations
                          (for a local area in which employees are
                          represented by labor organizations), nominated by
                          local labor federations; or
                              (II) other representatives of employees in the
                          local area (for a local area in which no employees
                          are represented by such organizations).
                (2) References.--A reference in this Act or a core program
            provision to a local board, shall include a reference to such an
            entity.
    SEC. 108. <<NOTE: 29 USC 3123.>>  LOCAL PLAN.

        (a) In General.--Each local board shall develop and submit to the
    Governor a comprehensive 4-year local plan, in partnership

    [[Page 128 STAT. 1467]]

    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. <<NOTE: Compliance.>>  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. <<NOTE: Time
    period. Review.>>  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);

    [[Page 128 STAT. 1468]]

                (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

    [[Page 128 STAT. 1469]]

                    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),

    [[Page 128 STAT. 1470]]

            as determined by the chief elected official or the Governor
            under section 107(d)(12)(B)(i);
                (16) a description of the competitive process to be used to
            award the subgrants and contracts in the local area for
            activities carried out under this title;
                (17) a description of the local levels of performance
            negotiated with the Governor and chief elected official pursuant
            to section 116(c), to be used to measure the performance of the
            local area and to be used by the local board for measuring the
            performance of the local fiscal agent (where appropriate),
            eligible providers under subtitle B, and the one-stop delivery
            system, in the local area;
                (18) a description of the actions the local board will take
            toward becoming or remaining a high-performing board, consistent
            with the factors developed by the State board pursuant to
            section 101(d)(6);
                (19) a description of how training services under chapter 3
            of subtitle B will be provided in accordance with section
            134(c)(3)(G), including, if contracts for the training services
            will be used, how the use of such contracts will be coordinated
            with the use of individual training accounts under that chapter
            and how the local board will ensure informed customer choice in
            the selection of training programs regardless of how the
            training services are to be provided;
                (20) a description of the process used by the local board,
            consistent with subsection (d), to provide an opportunity for
            public comment, including comment by representatives of
            businesses and comment by representatives of labor
            organizations, and input into the development of the local plan,
            prior to submission of the plan;
                (21) a description of how one-stop centers are implementing
            and transitioning to an integrated, technology-enabled intake
            and case management information system for programs carried out
            under this Act and programs carried out by one-stop partners;
            and
                (22) such other information as the Governor may require.

        (c) Existing Analysis.--As appropriate, a local area may use an
    existing analysis in order to carry out the requirements of subsection
    (b)(1) concerning an analysis.
        (d) Process.--Prior to the date on which the local board submits a
    local plan under this section, the local board shall--
                (1) <<NOTE: Records. Public information.>>  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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Time period. Effective date.>>  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

    [[Page 128 STAT. 1471]]

    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. <<NOTE: 29 USC 3131.>>  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. <<NOTE: 29 USC 3141.>>  PERFORMANCE ACCOUNTABILITY
                            SYSTEM.

        (a) <<NOTE: Applicability. Assessment.>>  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

    [[Page 128 STAT. 1472]]

                          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.

    [[Page 128 STAT. 1473]]

                              (iv) <<NOTE: Consultation.>>  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) <<NOTE: Time period.>>  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

    [[Page 128 STAT. 1474]]

                                    account the levels identified in the
                                    State plan under clause (iii) and the
                                    factors described in clause (v). The
                                    levels agreed to shall be considered to
                                    be the State adjusted levels of
                                    performance for the State for such
                                    program years and shall be incorporated
                                    into the State plan prior to the
                                    approval of such plan.
                                        (II) Third and fourth year.--The
                                    State and the Secretary of Labor, in
                                    conjunction with the Secretary of
                                    Education, shall reach agreement, prior
                                    to the third program year covered by the
                                    State plan, on levels of performance for
                                    each indicator described in clause (iii)
                                    for each of the programs described in
                                    clause (ii) for each of the third and
                                    fourth program years covered by the
                                    State plan. In reaching the agreement,
                                    the State and Secretary of Labor, in
                                    conjunction with the Secretary of
                                    Education, shall take into account the
                                    factors described in clause (v). The
                                    levels agreed to shall be considered to
                                    be the State adjusted levels of
                                    performance for the State for such
                                    program years and shall be incorporated
                                    into the State plan as a modification to
                                    the plan.
                              (v) Factors.--In reaching the agreements
                          described in clause (iv), the State and
                          Secretaries shall--
                                        (I) take into account how the levels
                                    involved compare with the State adjusted
                                    levels of performance established for
                                    other States;
                                        (II) ensure that the levels involved
                                    are adjusted, using the objective
                                    statistical model established by the
                                    Secretaries pursuant to clause (viii),
                                    based on--
                                                (aa) the differences among
                                            States in actual economic
                                            conditions (including
                                            differences in unemployment
                                            rates and job losses or gains in
                                            particular industries); and
                                                (bb) the characteristics of
                                            participants when the
                                            participants entered the program
                                            involved, including indicators
                                            of poor work history, lack of
                                            work experience, lack of
                                            educational or occupational
                                            skills attainment, dislocation
                                            from high-wage and high-benefit
                                            employment, low levels of
                                            literacy or English proficiency,
                                            disability status, homelessness,
                                            ex-offender status, and welfare
                                            dependency;
                                        (III) take into account the extent
                                    to which the levels involved promote
                                    continuous improvement in performance
                                    accountability on the performance
                                    accountability measures by such State
                                    and ensure optimal return on the
                                    investment of Federal funds; and
                                        (IV) take into account the extent to
                                    which the levels involved will assist
                                    the State in meeting the goals described
                                    in clause (vi).
                              (vi) <<NOTE: Consultation.>>  Goals.--In order
                          to promote enhanced performance outcomes and to
                          facilitate the process of

    [[Page 128 STAT. 1475]]

                          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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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.--

    [[Page 128 STAT. 1476]]

                (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) <<NOTE: Negotiation.>>  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;

    [[Page 128 STAT. 1477]]

                        (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

    [[Page 128 STAT. 1478]]

            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) <<NOTE: Procedures.>>  Data validation.--In preparing
            the State reports described in this subsection, each State shall
            establish procedures, consistent with guidelines issued by the
            Secretary, in conjunction with the Secretary of Education, to
            ensure the information contained in the reports is valid and
            reliable.
                (6) Publication.--
                        (A) State performance reports.--The Secretary of
                    Labor and the Secretary of Education shall annually make
                    available (including by electronic means), in an easily
                    understandable format, the performance reports for
                    States containing the information described in paragraph
                    (2).
                        (B) Local area and eligible training provider
                    performance reports.--The State shall make available
                    (including by electronic means), in an easily
                    understandable format, the performance reports for the
                    local areas containing the information described in
                    paragraph (3) and the performance reports for eligible
                    providers of training services containing the
                    information described in paragraph (4).
                        (C) Rules for reporting of data.--The disaggregation
                    of data under this subsection shall not be required when
                    the number of participants in a category is insufficient
                    to yield statistically reliable information or when the
                    results would reveal personally identifiable information
                    about an individual participant.
                        (D) Dissemination to congress.--The Secretary of
                    Labor and the Secretary of Education shall make
                    available (including by electronic means) a summary of
                    the reports, and the reports, required under this
                    subsection to the

    [[Page 128 STAT. 1479]]

                    Committee on Education and the Workforce of the House of
                    Representatives and the Committee on Health, Education,
                    Labor, and Pensions of the Senate. <<NOTE: Recommenda-
                    tions.>>  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) <<NOTE: Public information.>>  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.--

    [[Page 128 STAT. 1480]]

                        (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) <<NOTE: Determination.>>  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) <<NOTE: Reorganization plan.>>  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) <<NOTE: Deadlines.>>  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

    [[Page 128 STAT. 1481]]

                          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) <<NOTE: Guidelines. Consultation.>>  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. <<NOTE: 29 USC 3151.>>  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--

    [[Page 128 STAT. 1482]]

                (1) <<NOTE: Memorandum.>>  develop and enter into the
            memorandum of understanding described in subsection (c) with
            one-stop partners;
                (2) <<NOTE: Certification.>>  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) <<NOTE: Memorandum.>>  enter into a
                          local memorandum of understanding with the local
                          board, relating to the operation of the one-stop
                          system, that meets the requirements of subsection
                          (c);
                              (iv) participate in the operation of the one-
                          stop system consistent with the terms of the
                          memorandum of understanding, the requirements of
                          this title, and the requirements of the Federal
                          laws authorizing the program or activities; and
                              (v) provide representation on the State board
                          to the extent provided under section 101.
                        (B) Programs and activities.--The programs and
                    activities referred to in subparagraph (A) consist of--
                              (i) programs authorized under this title;
                              (ii) programs authorized under the Wagner-
                          Peyser Act (29 U.S.C. 49 et seq.);
                              (iii) adult education and literacy activities
                          authorized under title II;
                              (iv) programs authorized under title I of the
                          Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
                          (other than section 112 or part C of title I of
                          such Act (29 U.S.C. 732, 741);
                              (v) activities authorized under title V of the
                          Older Americans Act of 1965 (42 U.S.C. 3056 et
                          seq.);
                              (vi) career and technical education programs
                          at the postsecondary level authorized under the
                          Carl D. Perkins Career and Technical Education Act
                          of 2006 (20 U.S.C. 2301 et seq.);
                              (vii) activities authorized under chapter 2 of
                          title II of the Trade Act of 1974 (19 U.S.C. 2271
                          et seq.);
                              (viii) activities authorized under chapter 41
                          of title 38, United States Code;
                              (ix) employment and training activities
                          carried out under the Community Services Block
                          Grant Act (42 U.S.C. 9901 et seq.);

    [[Page 128 STAT. 1483]]

                              (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

    [[Page 128 STAT. 1484]]

                              (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

    [[Page 128 STAT. 1485]]

            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) <<NOTE: Compliance.>>  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--

    [[Page 128 STAT. 1486]]

                        (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. <<NOTE: Consultation. Deadline.>>  The identifier
            shall be developed by the Secretary, in consultation with heads
            of other appropriate departments and agencies, and
            representatives of State boards and local boards and of other
            stakeholders in the one-stop delivery system, not later than the
            beginning of the second full program year after the date of
            enactment of this Act. Such common identifier may consist of a
            logo, phrase, or other identifier that informs users of the one-
            stop delivery system that such products, programs, activities,
            services, facilities, property, or materials are being provided
            through such system. Nothing in this paragraph shall be
            construed to prohibit one-stop partners, States, or local areas
            from having additional identifiers.

        (f) Application to Certain Vocational Rehabilitation Programs.--

    [[Page 128 STAT. 1487]]

                (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) <<NOTE: Consultation. Criteria. Procedures. Assessment. Time
            period.>>  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) <<NOTE: Consultation.>>  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

    [[Page 128 STAT. 1488]]

            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 <<NOTE: Effective
                          date. Applicability.>>  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) <<NOTE: Consultation.>>  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

    [[Page 128 STAT. 1489]]

                              (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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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

    [[Page 128 STAT. 1490]]

                          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) <<NOTE: Applicability.>>  Cap on required
                          contributions.--For local areas in a State that
                          are not covered by paragraph (1)(A)(i)(I), the
                          following rules shall apply:
                                        (I) Wia formula programs and
                                    employment service.--The portion of
                                    funds required to be contributed under
                                    this paragraph from a program authorized
                                    under chapter 2 or 3, or the Wagner-
                                    Peyser Act (29 U.S.C. 49 et seq.) shall
                                    not exceed 3 percent of the amount of
                                    Federal funds provided to carry out that
                                    program in the State for a fiscal year.
                                        (II) Other one-stop partners.--The
                                    portion of funds required to be
                                    contributed under this paragraph from a
                                    program described in subsection (b)(1)
                                    other than the programs described in
                                    subclause (I) shall not exceed 1.5
                                    percent of the amount of Federal funds
                                    provided to carry out that program in
                                    the State for a fiscal year.
                                        (III) Vocational rehabilitation.--
                                    Notwithstanding subclauses (I) and (II),
                                    an entity administering a program
                                    described in subsection (b)(1)(B)(iv)
                                    shall not be required to provide from
                                    that program, under this paragraph, a
                                    portion that exceeds--
                                                (aa) 0.75 percent of the
                                            amount of Federal funds provided
                                            to carry out such program in the
                                            State for the second full
                                            program year that begins after
                                            the date of enactment of this
                                            Act;
                                                (bb) 1.0 percent of the
                                            amount provided to carry out
                                            such program in the State for
                                            the third full program year that
                                            begins after such date;
                                                (cc) 1.25 percent of the
                                            amount provided to carry out
                                            such program in the State for

    [[Page 128 STAT. 1491]]

                                            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

    [[Page 128 STAT. 1492]]

                    the performance of such centers that the State board
                    determines are appropriate.
                (4) <<NOTE: Definition.>>  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. <<NOTE: 29 USC 3152.>>  IDENTIFICATION OF ELIGIBLE
                            PROVIDERS OF TRAINING SERVICES.

        (a) Eligibility.--

            (1) <<NOTE: Consultation. Criteria. Requirements. Procedures.>>
            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.

    [[Page 128 STAT. 1493]]

                (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) <<NOTE: Compliance.>>  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.

    [[Page 128 STAT. 1494]]

                        (F) Ways in which the criteria can encourage, to the
                    extent practicable, the providers to use industry-
                    recognized certificates or certifications.
                        (G) The ability of the providers to offer programs
                    that lead to recognized postsecondary credentials.
                        (H) The quality of a program of training services,
                    including a program of training services that leads to a
                    recognized postsecondary credential.
                        (I) The ability of the providers to provide training
                    services to individuals who are employed and individuals
                    with barriers to employment.
                        (J) Such other factors as the Governor determines
                    are appropriate to ensure--
                              (i) the accountability of the providers;
                              (ii) that the one-stop centers in the State
                          will ensure that such providers meet the needs of
                          local employers and participants;
                              (iii) the informed choice of participants
                          among training services providers; and
                              (iv) that the collection of information
                          required to demonstrate compliance with the
                          criteria is not unduly burdensome or costly to
                          providers.
                (2) State information requirements.--The information
            requirements established by the Governor shall require that a
            provider of training services submit appropriate, accurate, and
            timely information to the State, to enable the State to carry
            out subsection (d), with respect to participants receiving
            training services under this subtitle in the applicable program,
            including--
                        (A) information on the performance of the provider
                    with respect to the performance accountability measures
                    described in section 116 for such participants (taking
                    into consideration the characteristics of the population
                    served and relevant economic conditions), and
                    information specifying the percentage of such
                    participants who entered unsubsidized employment in an
                    occupation related to the program, to the extent
                    practicable;
                        (B) information on recognized postsecondary
                    credentials received by such participants;
                        (C) information on cost of attendance, including
                    costs of tuition and fees, for participants in the
                    program;
                        (D) information on the program completion rate for
                    such participants; and
                        (E) information on the criteria described in
                    paragraph (1).
                (3) Local criteria and information requirements.--A local
            board in the State may establish criteria and information
            requirements in addition to the criteria and information
            requirements established by the Governor, or may require higher
            levels of performance than required for the criteria established
            by the Governor, for purposes of determining the eligibility of
            providers of training services to receive funds described in
            subsection (a) for the provision of training services in the
            local area involved.
                (4) Criteria and information requirements to establish
            initial eligibility.--

    [[Page 128 STAT. 1495]]

                        (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.

    [[Page 128 STAT. 1496]]

                (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) <<NOTE: Public information.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Determination. Termination. Time period.>>  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

    [[Page 128 STAT. 1497]]

                    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) <<NOTE: Deadline. Termination date.>>  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

    [[Page 128 STAT. 1498]]

    until December 31, 2015, or until such earlier date as the Governor
    determines to be appropriate.
    SEC. 123. <<NOTE: 29 USC 3153.>>  ELIGIBLE PROVIDERS OF YOUTH
                            WORKFORCE INVESTMENT ACTIVITIES.

        (a) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Determination.>>  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. <<NOTE: Grants. 29 USC 3161.>>  GENERAL AUTHORIZATION.

        The Secretary shall make an allotment under section 127(b)(1)(C) to
    each State that meets the requirements of section 102 or 103 and a grant
    under section 127(b)(1)(B) to each outlying area that complies with the
    requirements of this title, to assist the State or outlying area, and to
    enable the State or outlying area to assist local areas, for the purpose
    of providing workforce investment activities for eligible youth in the
    State or outlying area and in the local areas.
    SEC. 127. <<NOTE: 29 USC 3162.>>  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),

    [[Page 128 STAT. 1499]]

                          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

    [[Page 128 STAT. 1500]]

                          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

    [[Page 128 STAT. 1501]]

                    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

    [[Page 128 STAT. 1502]]

            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. <<NOTE: 29 USC 3163.>>  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) <<NOTE: Consulting.>>  Methods.--The Governor, acting in
            accordance with the State plan, and after consulting with chief
            elected officials and local boards in the local areas, shall
            allocate the funds that are allotted to the State for youth
            activities and statewide workforce investment activities under
            section 127(b)(1)(C) and are not reserved under subsection (a),
            in accordance with paragraph (2) or (3).
                (2) Formula allocation.--
                        (A) Youth activities.--
                              (i) Allocation.--In allocating the funds
                          described in paragraph (1) to local areas, a State
                          may allocate--
                                        (I) 33\1/3\ percent of the funds on
                                    the basis described in section
                                    127(b)(1)(C)(ii)(I);
                                        (II) 33\1/3\ percent of the funds on
                                    the basis described in section
                                    127(b)(1)(C)(ii)(II); and
                                        (III) 33\1/3\ percent of the funds
                                    on the basis described in clauses
                                    (ii)(III) and (iii) of section
                                    127(b)(1)(C).
                              (ii) Minimum percentage.--The local area shall
                          not receive an allocation percentage for a fiscal
                          year that is less than 90 percent of the average
                          allocation

    [[Page 128 STAT. 1503]]

                          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

    [[Page 128 STAT. 1504]]

                    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) <<NOTE: Consultation.>>  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. <<NOTE: 29 USC 3164.>>  USE OF FUNDS FOR YOUTH WORKFORCE
                            INVESTMENT ACTIVITIES.

        (a) Youth Participant Eligibility.--
                (1) <<NOTE: Definitions.>>  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--

    [[Page 128 STAT. 1505]]

                                                (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

    [[Page 128 STAT. 1506]]

                          out-of-school youth who is described in subclause
                          (III) or (VIII) of paragraph (1)(B)(iii).
                              (ii) Exception.--In each local area, not more
                          than 5 percent of the individuals assisted under
                          this section may be persons who would be covered
                          individuals, except that the persons are not low-
                          income individuals.
                        (B) Limitation.--In each local area, not more than 5
                    percent of the in-school youth assisted under this
                    section may be eligible under paragraph (1) because the
                    youth are in-school youth described in paragraph
                    (1)(C)(iv)(VII).
                (4) Out-of-school priority.--
                        (A) In general.--For any program year, not less than
                    75 percent of the funds allotted under section
                    127(b)(1)(C), reserved under section 128(a), and
                    available for statewide activities under subsection (b),
                    and not less than 75 percent of funds available to local
                    areas under subsection (c), shall be used to provide
                    youth workforce investment activities for out-of-school
                    youth.
                        (B) Exception.--A State that receives a minimum
                    allotment under section 127(b)(1) in accordance with
                    section 127(b)(1)(C)(iv) or under section 132(b)(1) in
                    accordance with section 132(b)(1)(B)(iv) may decrease
                    the percentage described in subparagraph (A) to not less
                    than 50 percent for a local area in the State, if--
                              (i) after an analysis of the in-school youth
                          and out-of-school youth populations in the local
                          area, the State determines that the local area
                          will be unable to use at least 75 percent of the
                          funds available for activities under subsection
                          (c) to serve out-of-school youth due to a low
                          number of out-of-school youth; and
                              (ii)(I) the State submits to the Secretary,
                          for the local area, a request including a proposed
                          percentage decreased to not less than 50 percent
                          for purposes of subparagraph (A), and a summary of
                          the analysis described in clause (i); and
                              (II) the request is approved by the Secretary.
                (5) Consistency with compulsory school attendance laws.--In
            providing assistance under this section to an individual who is
            required to attend school under applicable State compulsory
            school attendance laws, the priority in providing such
            assistance shall be for the individual to attend school
            regularly.

        (b) Statewide Activities.--
                (1) Required statewide youth activities.--Funds reserved by
            a Governor as described in sections 128(a) and 133(a)(1) shall
            be used, regardless of whether the funds were allotted to the
            State under section 127(b)(1)(C) or under paragraph (1)(B) or
            (2)(B) of section 132(b) for statewide activities, which shall
            include--
                        (A) conducting evaluations under section 116(e) of
                    activities authorized under this chapter and chapter 3
                    in coordination with evaluations carried out by the
                    Secretary under section 169(a);
                        (B) disseminating a list of eligible providers of
                    youth workforce investment activities, as determined
                    under section 123;

    [[Page 128 STAT. 1507]]

                        (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

    [[Page 128 STAT. 1508]]

                    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

    [[Page 128 STAT. 1509]]

                              (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;

    [[Page 128 STAT. 1510]]

                        (M) services that provide labor market and
                    employment information about in-demand industry sectors
                    or occupations available in the local area, such as
                    career awareness, career counseling, and career
                    exploration services; and
                        (N) activities that help youth prepare for and
                    transition to postsecondary education and training.
                (3) Additional requirements.--
                        (A) Information and referrals.--Each local board
                    shall ensure that each participant shall be provided--
                              (i) information on the full array of
                          applicable or appropriate services that are
                          available through the local board or other
                          eligible providers or one-stop partners, including
                          those providers or partners receiving funds under
                          this subtitle; and
                              (ii) referral to appropriate training and
                          educational programs that have the capacity to
                          serve the participant either on a sequential or
                          concurrent basis.
                        (B) Applicants not meeting enrollment
                    requirements.--Each eligible provider of a program of
                    youth workforce investment activities shall ensure that
                    an eligible applicant who does not meet the enrollment
                    requirements of the particular program or who cannot be
                    served shall be referred for further assessment, as
                    necessary, and referred to appropriate programs in
                    accordance with subparagraph (A) to meet the basic
                    skills and training needs of the applicant.
                        (C) Involvement in design and implementation.--The
                    local board shall ensure that parents, participants, and
                    other members of the community with experience relating
                    to programs for youth are involved in the design and
                    implementation of the programs described in paragraph
                    (1).
                (4) Priority.--Not less than 20 percent of the funds
            allocated to the local area as described in paragraph (1) shall
            be used to provide in-school youth and out-of-school youth with
            activities under paragraph (2)(C).
                (5) Rule of construction.--Nothing in this chapter shall be
            construed to require that each of the elements described in
            subparagraphs of paragraph (2) be offered by each provider of
            youth services.
                (6) Prohibitions.--
                        (A) Prohibition against federal control of
                    education.--No provision of this Act shall be construed
                    to authorize any department, agency, officer, or
                    employee of the United States to exercise any direction,
                    supervision, or control over the curriculum, program of
                    instruction, administration, or personnel of any
                    educational institution, school, or school system, or
                    over the selection of library resources, textbooks, or
                    other printed or published instructional materials by
                    any educational institution, school, or school system.
                        (B) Noninterference and nonreplacement of regular
                    academic requirements.--No funds described in paragraph
                    (1) shall be used to provide an activity for eligible
                    youth who are not school dropouts if participation in
                    the activity would interfere with or replace the regular
                    academic requirements of the youth.

    [[Page 128 STAT. 1511]]

                (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. <<NOTE: 29 USC 3171.>>  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. <<NOTE: 29 USC 3172.>>  STATE ALLOTMENTS.

        (a) In General.--The Secretary shall--
                (1) <<NOTE: Grants.>>  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) <<NOTE: Determination.>>  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

    [[Page 128 STAT. 1512]]

                          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.

    [[Page 128 STAT. 1513]]

                                        (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

    [[Page 128 STAT. 1514]]

                                            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

    [[Page 128 STAT. 1515]]

                          this subparagraph, for fiscal year 2016 and each
                          subsequent fiscal year, the Secretary shall ensure
                          the following:
                                        (I) Minimum percentage and
                                    allotment.--The Secretary shall ensure
                                    that no State shall receive an allotment
                                    for a fiscal year that is an amount
                                    based on 90 percent of the allotment
                                    percentage of the State for the
                                    preceding fiscal year.
                                        (II) Maximum percentage.--Subject to
                                    subclause (I), the Secretary shall
                                    ensure that no State shall receive an
                                    allotment percentage for a fiscal year
                                    that is more than 130 percent of the
                                    allotment percentage of the State for
                                    the preceding fiscal year.
                              (iv) Definitions.--For the purpose of the
                          formula specified in this subparagraph:
                                        (I) Allotment percentage.--The term
                                    ``allotment percentage'', used with
                                    respect to fiscal year 2015 or a
                                    subsequent fiscal year, means a
                                    percentage of the amount described in
                                    clause (i) that is received through an
                                    allotment made under this subparagraph
                                    for the fiscal year.
                                        (II) Excess number.--The term
                                    ``excess number'' means, used with
                                    respect to the excess number of
                                    unemployed individuals within a State,
                                    the number that represents the number of
                                    unemployed individuals in excess of 4.5
                                    percent of the civilian labor force in
                                    the State.

        (c) Reallotment.--
                (1) In general.--The Secretary shall, in accordance with
            this subsection, reallot to eligible States amounts that are
            made available to States from allotments made under this section
            or a corresponding provision of the Workforce Investment Act of
            1998 for employment and training activities and statewide
            workforce investment activities (referred to individually in
            this subsection as a ``State allotment'') and that are available
            for reallotment.
                (2) Amount.--The amount available for reallotment for a
            program year for programs funded under subsection (b)(1)(B)
            (relating to adult employment and training) or for programs
            funded under subsection (b)(2)(B) (relating to dislocated worker
            employment and training) is equal to the amount by which the
            unobligated balance of the State allotments for adult employment
            and training activities or dislocated worker employment and
            training activities, respectively, at the end of the program
            year prior to the program year for which the determination under
            this paragraph is made, exceeds 20 percent of such allotments
            for the prior program year.
                (3) Reallotment.--In making reallotments to eligible States
            of amounts available pursuant to paragraph (2) for a program
            year, the Secretary shall allot to each eligible State an amount
            based on the relative amount of the State allotment under
            paragraph (1)(B) or (2)(B), respectively, of subsection (b) for
            the program year for which the determination is made, as
            compared to the total amount of the State allotments under

    [[Page 128 STAT. 1516]]

            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. <<NOTE: 29 USC 3173.>>  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) <<NOTE: Consultation.>>  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);

    [[Page 128 STAT. 1517]]

                                        (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

    [[Page 128 STAT. 1518]]

                          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)

    [[Page 128 STAT. 1519]]

                          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) <<NOTE: Consultation.>>  In general.--The Governor may,
            in accordance with this subsection and after consultation with
            the State board, reallocate to eligible local areas within the
            State amounts that are made available to local areas from
            allocations made under paragraph (2)(A) or (3) of subsection (b)
            or a corresponding provision of the Workforce Investment Act of
            1998 for adult employment and training activities, or under
            subsection (b)(2)(B) or a corresponding provision of the
            Workforce Investment Act of 1998 for dislocated worker
            employment and training activities (referred to individually in
            this subsection as a ``local allocation'') and that are
            available for reallocation.
                (2) Amount.--The amount available for reallocation for a
            program year--
                        (A) for adult employment and training activities is
                    equal to the amount by which the unobligated balance of
                    the local allocation under paragraph (2)(A) or (3) of
                    subsection (b) for such activities, at the end of the
                    program year prior to the program year for which the
                    determination under this subparagraph is made, exceeds
                    20 percent of such allocation for the prior program
                    year; and
                        (B) for dislocated worker employment and training
                    activities is equal to the amount by which the
                    unobligated balance of the local allocation under
                    subsection (b)(2)(B) for such activities, at the end of
                    the program year prior to the program year for which the
                    determination under this subparagraph is made, exceeds
                    20 percent of such allocation for the prior program
                    year.
                (3) Reallocation.--In making reallocations to eligible local
            areas of amounts available pursuant to paragraph (2) for a
            program year, the Governor shall allocate to each eligible local
            area within the State--
                        (A) with respect to such available amounts that were
                    allocated under paragraph (2)(A) or (3) of subsection
                    (b), an amount based on the relative amount of the local
                    allocation under paragraph (2)(A) or (3) of subsection
                    (b), as appropriate, for the program year for which the
                    determination is made, as compared to the total amount
                    of the local allocations under paragraph (2)(A) or (3)
                    of subsection (b), as appropriate, for all eligible
                    local areas in the State for such program year; and
                        (B) with respect to such available amounts that were
                    allocated under subsection (b)(2)(B), an amount based on
                    the relative amount of the local allocation under
                    subsection (b)(2)(B) for the program year for which the
                    determination is made, as compared to the total amount
                    of the local

    [[Page 128 STAT. 1520]]

                    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. <<NOTE: 29 USC 3174.>>  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

    [[Page 128 STAT. 1521]]

                          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) <<NOTE: List.>>  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;

    [[Page 128 STAT. 1522]]

                                        (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) <<NOTE: Evaluations.>>  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;

    [[Page 128 STAT. 1523]]

                              (iv) implementing programs to increase the
                          number of individuals training for and placed in
                          nontraditional employment;
                              (v) carrying out activities to facilitate
                          remote access to services, including training
                          services described in subsection (c)(3), provided
                          through a one-stop delivery system, including
                          facilitating access through the use of technology;
                              (vi) supporting the provision of career
                          services described in subsection (c)(2) in the
                          one-stop delivery systems in the State;
                              (vii) coordinating activities with the child
                          welfare system to facilitate provision of services
                          for children and youth who are eligible for
                          assistance under section 477 of the Social
                          Security Act (42 U.S.C. 677);
                              (viii) activities--
                                        (I) to improve coordination of
                                    workforce investment activities with
                                    economic development activities;
                                        (II) to improve coordination of
                                    employment and training activities
                                    with--
                                                (aa) child support services,
                                            and assistance provided by State
                                            and local agencies carrying out
                                            part D of title IV of the Social
                                            Security Act (42 U.S.C. 651 et
                                            seq.);
                                                (bb) cooperative extension
                                            programs carried out by the
                                            Department of Agriculture;
                                                (cc) programs carried out in
                                            local areas for individuals with
                                            disabilities, including programs
                                            carried out by State agencies
                                            relating to intellectual
                                            disabilities and developmental
                                            disabilities, activities carried
                                            out by Statewide Independent
                                            Living Councils established
                                            under section 705 of the
                                            Rehabilitation Act of 1973 (29
                                            U.S.C. 796d), programs funded
                                            under part B of chapter 1 of
                                            title VII of such Act (29 U.S.C.
                                            796e et seq.), and activities
                                            carried out by centers for
                                            independent living, as defined
                                            in section 702 of such Act (29
                                            U.S.C. 796a);
                                                (dd) adult education and
                                            literacy activities, including
                                            those provided by public
                                            libraries;
                                                (ee) activities in the
                                            corrections system that assist
                                            ex-offenders in reentering the
                                            workforce; and
                                                (ff) financial literacy
                                            activities including those
                                            described in section
                                            129(b)(2)(D); and
                                        (III) consisting of development and
                                    dissemination of workforce and labor
                                    market information;
                              (ix) conducting research and demonstration
                          projects related to meeting the employment and
                          education needs of adult and dislocated workers;
                              (x) implementing promising services for
                          workers and businesses, which may include
                          providing support for education, training, skill
                          upgrading, and statewide networking for employees
                          to become workplace

    [[Page 128 STAT. 1524]]

                          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

    [[Page 128 STAT. 1525]]

                    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) <<NOTE: Determinations.>>  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) <<NOTE: Assessment.>>  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

    [[Page 128 STAT. 1526]]

                          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) <<NOTE: Claims.>>  provision of
                          information and assistance regarding filing claims
                          for unemployment compensation;

    [[Page 128 STAT. 1527]]

                              (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) <<NOTE: Time period.>>  followup
                          services, including counseling regarding the
                          workplace, for participants in workforce
                          investment activities authorized under this
                          subtitle who are placed in unsubsidized
                          employment, for not less than 12 months after the
                          first day of the employment, as appropriate.
                        (B) Use of previous assessments.--A one-stop
                    operator or one-stop partner shall not be required to
                    conduct a new interview, evaluation, or assessment of a
                    participant under subparagraph (A)(xii) if the one-stop
                    operator or one-stop partner determines that it is
                    appropriate to use a recent interview, evaluation, or
                    assessment of the participant conducted pursuant to
                    another education or training program.
                        (C) Delivery of services.--The career services
                    described in subparagraph (A) shall be provided through
                    the one-stop delivery system--

    [[Page 128 STAT. 1528]]

                              (i) directly through one-stop operators
                          identified pursuant to section 121(d); or
                              (ii) <<NOTE: Contracts.>>  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.--

    [[Page 128 STAT. 1529]]

                              (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

    [[Page 128 STAT. 1530]]

                          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) <<NOTE: Determinations.>>  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;

    [[Page 128 STAT. 1531]]

                                        (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) <<NOTE: Contracts.>>  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

    [[Page 128 STAT. 1532]]

                                        (II) the local board approves the
                                    increase with respect to a program
                                    carried out with funds allocated to a
                                    local area under such chapter, taking
                                    into account those factors.
                              (ii) Factors.--For purposes of clause (i), the
                          Governor or local board, respectively, shall take
                          into account factors consisting of--
                                        (I) the characteristics of the
                                    participants;
                                        (II) the size of the employer;
                                        (III) the quality of employer-
                                    provided training and advancement
                                    opportunities; and
                                        (IV) such other factors as the
                                    Governor or local board, respectively,
                                    may determine to be appropriate, which
                                    may include the number of employees
                                    participating in the training, wage and
                                    benefit levels of those employees (at
                                    present and anticipated upon completion
                                    of the training), and relation of the
                                    training to the competitiveness of a
                                    participant.

        (d) Permissible Local Employment and Training Activities.--
                (1) In general.--
                        (A) Activities.--Funds allocated to a local area for
                    adults under paragraph (2)(A) or (3), as appropriate, of
                    section 133(b), and funds allocated to the local area
                    for dislocated workers under section 133(b)(2)(B), may
                    be used to provide, through the one-stop delivery system
                    involved (and through collaboration with the local
                    board, for the purpose of the activities described in
                    clauses (vii) and (ix))--
                              (i) customized screening and referral of
                          qualified participants in training services
                          described in subsection (c)(3) to employers;
                              (ii) customized employment-related services to
                          employers, employer associations, or other such
                          organizations on a fee-for-service basis;
                              (iii) implementation of a pay-for-performance
                          contract strategy for training services, for which
                          the local board may reserve and use not more than
                          10 percent of the total funds allocated to the
                          local area under paragraph (2) or (3) of section
                          133(b);
                              (iv) customer support to enable individuals
                          with barriers to employment (including individuals
                          with disabilities) and veterans, to navigate among
                          multiple services and activities for such
                          populations;
                              (v) technical assistance for one-stop
                          operators, one-stop partners, and eligible
                          providers of training services, regarding the
                          provision of services to individuals with
                          disabilities in local areas, including the
                          development and training of staff, the provision
                          of outreach, intake, assessments, and service
                          delivery, the coordination of services across
                          providers and programs, and the development of
                          performance accountability measures;
                              (vi) employment and training activities
                          provided in coordination with--
                                        (I) child support enforcement
                                    activities of the State and local
                                    agencies carrying out part D of

    [[Page 128 STAT. 1533]]

                                    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;

    [[Page 128 STAT. 1534]]

                                                (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

    [[Page 128 STAT. 1535]]

                          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) <<NOTE: Time periods.>>  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.

    [[Page 128 STAT. 1536]]

                              (ii) Determination of eligibility.--For the
                          purpose of determining the eligibility of an
                          employer to receive funding under clause (i), the
                          local board shall take into account factors
                          consisting of--
                                        (I) the characteristics of the
                                    participants in the program;
                                        (II) the relationship of the
                                    training to the competitiveness of a
                                    participant and the employer; and
                                        (III) such other factors as the
                                    local board may determine to be
                                    appropriate, which may include the
                                    number of employees participating in the
                                    training, the wage and benefit levels of
                                    those employees (at present and
                                    anticipated upon completion of the
                                    training), and the existence of other
                                    training and advancement opportunities
                                    provided by the employer.
                              (iii) Statewide impact.--The Governor or State
                          board involved may make recommendations to the
                          local board for providing incumbent worker
                          training that has statewide impact.
                        (B) Training activities.--The training program for
                    incumbent workers carried out under this paragraph shall
                    be carried out by the local board in conjunction with
                    the employers or groups of employers of such workers
                    (which may include employers in partnership with other
                    entities for the purposes of delivering training) for
                    the purpose of assisting such workers in obtaining the
                    skills necessary to retain employment or avert layoffs.
                        (C) Employer payment of non-federal share.--
                    Employers participating in the program carried out under
                    this paragraph shall be required to pay for the non-
                    Federal share of the cost of providing the training to
                    incumbent workers of the employers.
                        (D) Non-federal share.--
                              (i) Factors.--Subject to clause (ii), the
                          local board shall establish the non-Federal share
                          of such cost (taking into consideration such other
                          factors as the number of employees participating
                          in the training, the wage and benefit levels of
                          the employees (at the beginning and anticipated
                          upon completion of the training), the relationship
                          of the training to the competitiveness of the
                          employer and employees, and the availability of
                          other employer-provided training and advancement
                          opportunities.
                              (ii) Limits.--The non-Federal share shall not
                          be less than--
                                        (I) 10 percent of the cost, for
                                    employers with not more than 50
                                    employees;
                                        (II) 25 percent of the cost, for
                                    employers with more than 50 employees
                                    but not more than 100 employees; and
                                        (III) 50 percent of the cost, for
                                    employers with more than 100 employees.
                              (iii) Calculation of employer share.--The non-
                          Federal share provided by an employer
                          participating in the program may include the
                          amount of the wages

    [[Page 128 STAT. 1537]]

                          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. <<NOTE: 29 USC 3181.>>  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. <<NOTE: 29 USC 3191.>>  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--

    [[Page 128 STAT. 1538]]

                              (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. <<NOTE: 29 USC 3192.>>  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.

    [[Page 128 STAT. 1539]]

    SEC. 143. <<NOTE: 29 USC 3193.>>  ESTABLISHMENT.

        There shall be within the Department of Labor a ``Job Corps''.
    SEC. 144. <<NOTE: 29 USC 3194.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 29 USC 3195.>>  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) <<NOTE: Deadline.>>  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;

    [[Page 128 STAT. 1540]]

                        (C) establish standards and procedures for--
                              (i) determining, for each applicant, whether
                          the educational and career and technical education
                          and training needs of the applicant can best be
                          met through the Job Corps program or an
                          alternative program in the community in which the
                          applicant resides; and
                              (ii) obtaining from each applicant pertinent
                          data relating to background, needs, and interests
                          for determining eligibility and potential
                          assignment;
                        (D) where appropriate, take measures to improve the
                    professional capability of the individuals conducting
                    screening of the applicants; and
                        (E) assure appropriate representation of enrollees
                    from urban areas and from rural areas.
                (3) Implementation.--The standards and procedures shall be
            implemented through arrangements with--
                        (A) applicable one-stop centers;
                        (B) organizations that have a demonstrated record of
                    effectiveness in serving at-risk youth and placing such
                    youth into employment, including community action
                    agencies, business organizations, or labor
                    organizations; and
                        (C) child welfare agencies that are responsible for
                    children and youth eligible for benefits and services
                    under section 477 of the Social Security Act (42 U.S.C.
                    677).
                (4) Consultation.--The standards and procedures shall
            provide for necessary consultation with individuals and
            organizations, including court, probation, parole, law
            enforcement, education, welfare, and medical authorities and
            advisers.
                (5) <<NOTE: Contracts.>>  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) <<NOTE: Determination.>>  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.

    [[Page 128 STAT. 1541]]

                (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) <<NOTE: Time period.>>  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) <<NOTE: Time period. Consultation.>>  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. <<NOTE: Waiver
            authority.>>  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

    [[Page 128 STAT. 1542]]

                        (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. <<NOTE: 29 USC 3196.>>  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. <<NOTE: 29 USC 3197.>>  JOB CORPS CENTERS.

        (a) Operators and Service Providers.--
                (1) Eligible entities.--
                        (A) <<NOTE: Contracts.>>  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. <<NOTE: Consultation.>>  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

    [[Page 128 STAT. 1543]]

                    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

    [[Page 128 STAT. 1544]]

                    employment or education leading to a recognized
                    postsecondary credential upon completion of the program.
                        (C) A description of the demonstrated record of
                    effectiveness that the entity has in placing at-risk
                    youth into employment and postsecondary education,
                    including past performance of operating a Job Corps
                    center under this subtitle or subtitle C of title I of
                    the Workforce Investment Act of 1998, and as
                    appropriate, the entity's demonstrated effectiveness in
                    assisting individuals in achieving the indicators of
                    performance for eligible youth described in section
                    116(b)(2)(A)(ii).
                        (D) A description of the relationships that the
                    entity has developed with State boards, local boards,
                    applicable one-stop centers, employers, labor
                    organizations, State and local educational agencies, and
                    the surrounding communities in which the center is
                    located, in an effort to promote a comprehensive
                    statewide workforce development system.
                        (E) A description of the entity's ability to
                    coordinate the activities carried out through the Job
                    Corps center with activities carried out under the
                    appropriate State plan and local plans.
                        (F) A description of the strong fiscal controls the
                    entity has in place to ensure proper accounting of
                    Federal funds, and a description of how the entity will
                    meet the requirements of section 159(a).
                        (G) A description of the steps to be taken to
                    control costs in accordance with section 159(a)(3).
                        (H) A detailed budget of the activities that will be
                    supported using funds under this subtitle and non-
                    Federal resources.
                        (I) An assurance the entity is licensed to operate
                    in the State in which the center is located.
                        (J) An assurance the entity will comply with basic
                    health and safety codes, which shall include the
                    disciplinary measures described in section 152(b).
                        (K) Any other information on additional selection
                    factors that the Secretary may require.

        (b) High-performing Centers.--
                (1) <<NOTE: Applicability.>>  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) <<NOTE: Time periods.>>  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

    [[Page 128 STAT. 1545]]

                          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) <<NOTE: Time periods.>>  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) <<NOTE: Contracts. Urban and rural areas.>>  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

    [[Page 128 STAT. 1546]]

            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) <<NOTE: Designation.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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

    [[Page 128 STAT. 1547]]

            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. <<NOTE: 29 USC 3198.>>  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.--

    [[Page 128 STAT. 1548]]

                (1) <<NOTE: Time period.>>  In general.--The Secretary may
            arrange for programs of advanced career training for selected
            enrollees in which the enrollees may continue to participate for
            a period of not to exceed 1 year in addition to the period of
            participation to which the enrollees would otherwise be limited.
            The advanced career training may be provided through the
            eligible providers of training services identified under section
            122.
                (2) Benefits.--During the period of participation in an
            advanced career training program, an enrollee shall be eligible
            for full Job Corps benefits, or a monthly stipend equal to the
            average value of the residential support, food, allowances, and
            other benefits provided to enrollees assigned to residential Job
            Corps centers.
                (3) <<NOTE: Standards.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 29 USC 3199.>>  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) <<NOTE: Determination.>>  Status and Progress.--The Secretary
    shall determine the status and progress of enrollees scheduled for
    graduation and make

    [[Page 128 STAT. 1549]]

    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. <<NOTE: 29 USC 3200.>>  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) <<NOTE: Time period.>>  Transition Support.--The Secretary may
    arrange for the provision of 3 months of employment services for former
    enrollees.
    SEC. 151. <<NOTE: 29 USC 3201.>>  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) <<NOTE: Public information.>>  Availability.--The Secretary
    shall make the operating plan described in subsections (a) and (b),
    excluding any proprietary information, available to the public.
    SEC. 152. <<NOTE: 29 USC 3202.>>  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).

    [[Page 128 STAT. 1550]]

                        (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. <<NOTE: 29 USC 3203.>>  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) <<NOTE: Time period.>>  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.

    [[Page 128 STAT. 1551]]

    SEC. 154. <<NOTE: 29 USC 3204.>>  WORKFORCE COUNCILS.

        (a) <<NOTE: Establishment. Procedures.>>  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.

    [[Page 128 STAT. 1552]]

        (d) <<NOTE: Time period.>>  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. <<NOTE: 29 USC 3205.>>  ADVISORY COMMITTEES.

        The Secretary may establish and use advisory committees in
    connection with the operation of the Job Corps program, and the
    operation of Job Corps centers, whenever the Secretary determines that
    the availability of outside advice and counsel on a regular basis would
    be of substantial benefit in identifying and overcoming problems, in
    planning program or center development, or in strengthening
    relationships between the Job Corps and agencies, institutions, or
    groups engaged in related activities.
    SEC. 156. <<NOTE: 29 USC 3206.>>  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. <<NOTE: Waiver authority. Deadline.>>  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. <<NOTE: 29 USC 3207.>>  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

    [[Page 128 STAT. 1553]]

            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. <<NOTE: 29 USC 3208.>>  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) <<NOTE: Determination.>>  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

    [[Page 128 STAT. 1554]]

    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. <<NOTE: 29 USC 3209.>>  MANAGEMENT INFORMATION.

        (a) Financial Management Information System.--
                (1) <<NOTE: Procedures.>>  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. <<NOTE: Time
            period.>>  The

    [[Page 128 STAT. 1555]]

            Secretary shall conduct such surveys, audits, or evaluations not
            less often than once every 3 years.

        (c) Information on Indicators of Performance.--
                (1) Levels of performance and indicators.--The Secretary
            shall annually establish expected levels of performance for a
            Job Corps center and the Job Corps program relating to each of
            the primary indicators of performance for eligible youth
            described in section 116(b)(2)(A)(ii).
                (2) Performance of recruiters.--The Secretary shall also
            establish performance indicators, and expected levels of
            performance on the performance indicators, for recruitment
            service providers serving the Job Corps program. The performance
            indicators shall relate to--
                        (A) the number of enrollees recruited, compared to
                    the established goals for such recruitment, and the
                    number of enrollees who remain committed to the program
                    for 90 days after enrollment; and
                        (B) the measurements described in subparagraphs (I),
                    (L), and (M) of subsection (d)(1).
                (3) Performance of career transition service providers.--The
            Secretary shall also establish performance indicators, and
            expected performance levels on the performance indicators, for
            career transition service providers serving the Job Corps
            program. The performance indicators shall relate to--
                        (A) the primary indicators of performance for
                    eligible youth described in section 116(b)(2)(A)(ii);
                    and
                        (B) the measurements described in subparagraphs (D),
                    (E), (H), (J), and (K) of subsection (d)(1).
                (4) Report.--The Secretary shall collect, and annually
            submit to the Committee on Education and the Workforce of the
            House of Representatives and the Committee on Health, Education,
            Labor, and Pensions of the Senate, a report including--
                        (A) information on the performance of each Job Corps
                    center, and the Job Corps program, based on the
                    performance indicators described in paragraph (1), as
                    compared to the expected level of performance
                    established under such paragraph for each performance
                    indicator; and
                        (B) information on the performance of the service
                    providers described in paragraphs (2) and (3) on the
                    performance indicators established under such
                    paragraphs, as compared to the expected level of
                    performance established for each performance indicator.

        (d) Additional Information.--
                (1) In general.--The Secretary shall also collect, and
            submit in the report described in subsection (c)(4), information
            on the performance of each Job Corps center, and the Job Corps
            program, regarding--
                        (A) the number of enrollees served;
                        (B) demographic information on the enrollees served,
                    including age, race, gender, and education and income
                    level;
                        (C) the number of graduates of a Job Corps center;
                        (D) the number of graduates who entered the Armed
                    Forces;
                        (E) the number of graduates who entered
                    apprenticeship programs;

    [[Page 128 STAT. 1556]]

                        (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) <<NOTE: Plan.>>  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. <<NOTE: Time
            period.>>  Such a plan shall require action to be taken during a
            1-year period, including--
                        (A) providing technical assistance to the center;

    [[Page 128 STAT. 1557]]

                        (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) <<NOTE: Consultation.>>  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) <<NOTE: Review.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Review.>>  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) <<NOTE: Public information. Federal Register,
            publication.>>  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

    [[Page 128 STAT. 1558]]

                (3) <<NOTE: Notification.>>  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. <<NOTE: 29 USC 3210.>>  GENERAL PROVISIONS.

        The Secretary is authorized to--
                (1) <<NOTE: Determination.>>  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. <<NOTE: 29 USC 3211.>>  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'';

    [[Page 128 STAT. 1559]]

                        (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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  Third-party Review.--Every 5 years after
    the date of enactment of this Act, the Secretary shall provide for a
    third-party review of the Job Corps program under this subtitle that
    addresses all of the areas described in subparagraphs (A) through (G) of
    section 169(a)(2). The results of the review shall be submitted to the
    Committee on Education and the Workforce of the House of Representatives
    and the Committee on Health, Education, Labor, and Pensions of the
    Senate.

        (c) <<NOTE: Deadline. Determination.>>  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. <<NOTE: 29 USC 3212.>>  AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to carry out this subtitle--

    [[Page 128 STAT. 1560]]

                (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. <<NOTE: 29 USC 3221.>>  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) <<NOTE: Deadline. Grants. Contracts.>>  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,

    [[Page 128 STAT. 1561]]

                    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.--

    [[Page 128 STAT. 1562]]

                (1) Additional performance indicators and standards.--
                        (A) <<NOTE: Consultation. Applicability.>>
                    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) <<NOTE: Consultation.>>  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) <<NOTE: Plan.>>  Request and approval.--An
                    entity described in subsection (c) that requests a
                    waiver under subparagraph

    [[Page 128 STAT. 1563]]

                    (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) <<NOTE: Establishment. Consultation.>>  In
                    general.--Using funds made available to carry out this
                    section, the Secretary shall establish a Native American
                    Employment and Training Council to facilitate the
                    consultation described in paragraph (2) and to provide
                    the advice described in subparagraph (C).
                        (B) Composition.--The Council shall be composed of
                    individuals, appointed by the Secretary, who are
                    representatives of the entities described in subsection
                    (c).
                        (C) Duties.--The Council shall advise the Secretary
                    on the operation and administration of the programs
                    assisted under this section, including the selection of
                    the individual appointed as head of the unit established
                    under paragraph (1).
                        (D) Personnel matters.--
                              (i) Compensation of members.--Members of the
                          Council shall serve without compensation.
                              (ii) Travel expenses.--The members of the
                          Council shall be allowed travel expenses,
                          including per diem in lieu of subsistence, at
                          rates authorized for employees of agencies under
                          subchapter I of chapter 57 of title 5, United
                          States Code, while away from their homes or
                          regular places of business in the performance of
                          services for the Council.
                              (iii) Administrative support.--The Secretary
                          shall provide the Council with such administrative
                          support as may be necessary to perform the
                          functions of the Council.
                        (E) Chairperson.--The Council shall select a
                    chairperson from among its members.
                        (F) Meetings.--The Council shall meet not less than
                    twice each year.
                        (G) Application.--Section 14 of the Federal Advisory
                    Committee Act (5 U.S.C. App.) shall not apply to the
                    Council.
                (5) Technical assistance.--The Secretary, acting through the
            unit established under paragraph (1), is authorized to provide
            technical assistance to entities described in subsection (c)
            that receive assistance under such subsection to enable such
            entities to improve the activities authorized under this section
            that are provided by such entities.
                (6) Agreement for certain federally recognized indian tribes
            to transfer funds to the program.--A federally recognized Indian
            tribe that administers funds provided under this section and
            funds provided by more than one State under other sections of
            this title may enter into an agreement with the Secretary and
            the Governors of the affected States to transfer the funds
            provided by the States to the program administered by the tribe
            under this section.

    [[Page 128 STAT. 1564]]

        (j) <<NOTE: Grants. Contracts.>>  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. <<NOTE: Grants. Contracts. 29 USC 3222. Deadline.>>
                            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;

    [[Page 128 STAT. 1565]]

                        (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

    [[Page 128 STAT. 1566]]

    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) <<NOTE: Consultation.>>  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. <<NOTE: 29 USC 3223.>>  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;

    [[Page 128 STAT. 1567]]

                        (B) the training of staff providing rapid response
                    services;
                        (C) the training of other staff of recipients of
                    funds under this title, including the staff of local
                    boards and State boards;
                        (D) the training of members of State boards and
                    local boards;
                        (E) assistance in the development and implementation
                    of integrated, technology-enabled intake and case
                    management information systems for programs carried out
                    under this Act and programs carried out by one-stop
                    partners, such as standard sets of technical
                    requirements for the systems, offering interfaces that
                    States could use in conjunction with their current (as
                    of the first date of implementation of the systems)
                    intake and case management information systems that
                    would facilitate shared registration across programs;
                        (F) assistance regarding accounting and program
                    operations to States and localities (when such
                    assistance would not supplant assistance provided by the
                    State);
                        (G) peer review activities under this title; and
                        (H) in particular, assistance to States in making
                    transitions to implement the provisions of this Act.
                (2) Form of assistance.--
                        (A) <<NOTE: Consultation.>>  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) <<NOTE: Grants. Contracts.>>  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

    [[Page 128 STAT. 1568]]

            regard to the operation of workforce investment activities under
            this Act;
                (2) <<NOTE: Evaluation.>>  evaluate and disseminate
            information regarding such promising and proven practices and
            identify knowledge gaps; and
                (3) <<NOTE: Research.>>  commission research under section
            169(b) to address knowledge gaps identified under paragraph (2).
    SEC. 169. <<NOTE: 29 USC 3224.>>  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

    [[Page 128 STAT. 1569]]

            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) <<NOTE: Deadline.>>  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) <<NOTE: Time period. Effective date.>>  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) <<NOTE: Consultation. Time periods. Federal Register,
            publication. Plan.>>  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

    [[Page 128 STAT. 1570]]

                        (D) the likelihood that the results of the projects
                    will be useful to policymakers and stakeholders in
                    addressing employment and training problems.
                (3) <<NOTE: Grants. Contracts.>>  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

    [[Page 128 STAT. 1571]]

                    of, and potential means to replicate, measuring the
                    compensation, including the wages, benefits, and other
                    incentives provided by an employer, received by program
                    participants by using data other than or in addition to
                    data available through wage records, for potential use
                    as a performance indicator.
                        (F) Study on job training for recipients of public
                    housing assistance.--The Secretary of Labor, in
                    coordination with the Secretary of Housing and Urban
                    Development, may conduct studies to assist public
                    housing authorities to provide, to recipients of public
                    housing assistance, job training programs that
                    successfully upgrade job skills and employment in, and
                    access to, jobs with opportunity for advancement and
                    economic self-sufficiency for such recipients.
                        (G) Study on improving employment prospects for
                    older individuals.--
                    The <<NOTE: Coordination.>> 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,

    [[Page 128 STAT. 1572]]

                    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) <<NOTE: Grants. Contracts.>>  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

    [[Page 128 STAT. 1573]]

    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. <<NOTE: 29 USC 3225.>>  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

    [[Page 128 STAT. 1574]]

                          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) <<NOTE: Deadline.>>  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. <<NOTE: Notice. Deadline.>> 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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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

    [[Page 128 STAT. 1575]]

                                    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) <<NOTE: Time period. Effective
                                    date.>>  applies for such employment and
                                    training assistance before the end of
                                    the 180-day period beginning on the date
                                    of that separation.
                        (B) Retraining assistance.--The individuals
                    described in subparagraph (A)(iii) shall be eligible for
                    retraining assistance to upgrade skills by obtaining
                    marketable skills needed to support the conversion
                    described in subparagraph (A)(iii).
                        (C) <<NOTE: Publication.>>  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) <<NOTE: Time period.>>  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.

    [[Page 128 STAT. 1576]]

                        (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. <<NOTE: Determination. Notification.>> 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. <<NOTE: 29 USC 3226.>>  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;

    [[Page 128 STAT. 1577]]

                        (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

    [[Page 128 STAT. 1578]]

            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,

    [[Page 128 STAT. 1579]]

                          or applying for and transitioning to postsecondary
                          education or training; and
                              (viii) job search and assistance.
                        (B) Supervision and training for participants in the
                    rehabilitation or construction of housing, including
                    residential housing for homeless individuals or low-
                    income families, or transitional housing for homeless
                    individuals, and, if approved by the Secretary, in
                    additional in-demand industry sectors or occupations in
                    the region in which the program operates.
                        (C) Supervision and training for participants--
                              (i) in the rehabilitation or construction of
                          community and other public facilities, except that
                          not more than 15 percent of funds appropriated to
                          carry out this section may be used for such
                          supervision and training; and
                              (ii) if approved by the Secretary, in
                          additional in-demand industry sectors or
                          occupations in the region in which the program
                          operates.
                        (D) Payment of administrative costs of the
                    applicant, including recruitment and selection of
                    participants, except that not more than 10 percent of
                    the amount of assistance provided under this subsection
                    to the grant recipient may be used for such costs.
                        (E) Adult mentoring.
                        (F) Provision of wages, stipends, or benefits to
                    participants in the program.
                        (G) Ongoing training and technical assistance that
                    are related to developing and carrying out the program.
                        (H) Follow-up services.
                (3) Application.--
                        (A) Form and procedure.--To be qualified to receive
                    a grant under this subsection, an eligible entity shall
                    submit an application at such time, in such manner, and
                    containing such information as the Secretary may
                    require.
                        (B) Minimum requirements.--The Secretary shall
                    require that the application contain, at a minimum--
                              (i) labor market information for the labor
                          market area where the proposed program will be
                          implemented, including both current data (as of
                          the date of submission of the application) and
                          projections on career opportunities in
                          construction and in-demand industry sectors or
                          occupations;
                              (ii) a request for the grant, specifying the
                          amount of the grant requested and its proposed
                          uses;
                              (iii) a description of the applicant and a
                          statement of its qualifications, including a
                          description of the applicant's relationship with
                          local boards, one-stop operators, local unions,
                          entities carrying out registered apprenticeship
                          programs, other community groups, and employers,
                          and the applicant's past experience, if any, with
                          rehabilitation or construction of housing or
                          public facilities, and with youth education and
                          employment training programs;
                              (iv) a description of the proposed site for
                          the proposed program;

    [[Page 128 STAT. 1580]]

                              (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

    [[Page 128 STAT. 1581]]

                          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) <<NOTE: Certification.>>  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) <<NOTE: Certification.>>  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;

    [[Page 128 STAT. 1582]]

                        (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) <<NOTE: Notification. Deadline.>>  Approval.--To the
            extent practicable, the Secretary shall notify each applicant,
            not later than 5 months after the

    [[Page 128 STAT. 1583]]

            date of receipt of the application by the Secretary, whether the
            application is approved or not approved.

        (d) Use of Housing Units.--Residential housing units rehabilitated
    or constructed using funds made available under subsection (c), shall be
    available solely--
                (1) for rental by, or sale to, homeless individuals or low-
            income families; or
                (2) for use as transitional or permanent housing, for the
            purpose of assisting in the movement of homeless individuals to
            independent living.

        (e) Additional Program Requirements.--
                (1) Eligible participants.--
                        (A) In general.--Except as provided in subparagraph
                    (B), an individual may participate in a YouthBuild
                    program only if such individual is--
                              (i) not less than age 16 and not more than age
                          24, on the date of enrollment;
                              (ii) a member of a low-income family, a youth
                          in foster care (including youth aging out of
                          foster care), a youth offender, a youth who is an
                          individual with a disability, a child of
                          incarcerated parents, or a migrant youth; and
                              (iii) a school dropout, or an individual who
                          was a school dropout and has subsequently
                          reenrolled.
                        (B) Exception for individuals not meeting income or
                    educational need requirements.--Not more than 25 percent
                    of the participants in such program may be individuals
                    who do not meet the requirements of clause (ii) or (iii)
                    of subparagraph (A), but who--
                              (i) are basic skills deficient, despite
                          attainment of a secondary school diploma or its
                          recognized equivalent (including recognized
                          certificates of attendance or similar documents
                          for individuals with disabilities); or
                              (ii) have been referred by a local secondary
                          school for participation in a YouthBuild program
                          leading to the attainment of a secondary school
                          diploma.
                (2) <<NOTE: Time period.>>  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,

    [[Page 128 STAT. 1584]]

            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;

    [[Page 128 STAT. 1585]]

                (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. <<NOTE: 29 USC 3227.>>  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.

    [[Page 128 STAT. 1586]]

                           Subtitle E--Administration

    SEC. 181. <<NOTE: 29 USC 3241.>>  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;

    [[Page 128 STAT. 1587]]

                        (B) the employer has terminated the employment of
                    any regular employee or otherwise reduced the workforce
                    of the employer with the intention of filling the
                    vacancy so created with the participant; or
                        (C) the job is created in a promotional line that
                    will infringe in any way upon the promotional
                    opportunities of currently employed individuals (as of
                    the date of the participation).
                (4) <<NOTE: Applicability.>>  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. <<NOTE: Hearings. Deadline.>> Such procedure shall
            include an opportunity for a hearing and be completed within 60
            days after the filing of the grievance or complaint.
                (2) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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--

    [[Page 128 STAT. 1588]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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.

    [[Page 128 STAT. 1589]]

                (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) <<NOTE: Procedures.>>  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. <<NOTE: Grants. 29 USC 3242.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Deadline.>>  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

    [[Page 128 STAT. 1590]]

    State and local area. After consideration of any comments received, the
    Secretary shall publish final allotments and allocations in the Federal
    Register.

        (e) <<NOTE: Deadlines.>>  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. <<NOTE: 29 USC 3243.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: 29 USC 3244.>>  FISCAL CONTROLS; SANCTIONS.

        (a) Establishment of Fiscal Controls by States.--
                (1) <<NOTE: Procedures.>>  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) <<NOTE: Compliance.>>  In general.--Each State
                    (including the Governor of the State), local area
                    (including the chief elected official for the area), and
                    provider receiving funds under this title shall comply
                    with the applicable uniform cost principles included in
                    appropriate circulars or rules of the Office of
                    Management and Budget for the type of entity receiving
                    the funds.
                        (B) Exception.--The funds made available to a State
                    for administration of statewide workforce investment
                    activities in accordance with section 134(a)(3)(B) shall
                    be allocable to the overall administration of workforce
                    investment activities, but need not be specifically
                    allocable to--
                              (i) the administration of adult employment and
                          training activities;

    [[Page 128 STAT. 1591]]

                              (ii) the administration of dislocated worker
                          employment and training activities; or
                              (iii) the administration of youth workforce
                          investment activities.
                (3) Uniform administrative requirements.--
                        (A) <<NOTE: Compliance.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Notice.>>  issue a notice of intent to
                    revoke approval of all or part of the local plan
                    affected; or
                        (B) <<NOTE: Reorganization plan.>>  impose a
                    reorganization plan, which may include--

    [[Page 128 STAT. 1592]]

                              (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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

    [[Page 128 STAT. 1593]]

            of this title, gross negligence, failure to observe accepted
            standards of administration, or a pattern of misexpenditure
            described in subsection (c)(1). <<NOTE: Notice.>> 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) <<NOTE: Contracts. Determination.>>  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) <<NOTE: Determination.>>  Immediate Termination or Suspension of
    Assistance in Emergency Situations.--
    In <<NOTE: Notice. Deadline.>> 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) <<NOTE: Determination. Deadline.>>  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

    [[Page 128 STAT. 1594]]

    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. <<NOTE: 29 USC 3245.>>  REPORTS; RECORDKEEPING;
                            INVESTIGATIONS.

        (a) Recipient Recordkeeping and Reports.--
                (1) In general.--Recipients of funds under this title shall
            keep records that are sufficient to permit the preparation of
            reports required by this title and to permit the tracing of
            funds to a level of expenditure adequate to ensure that the
            funds have not been spent unlawfully.
                (2) Records and reports regarding general performance.--
            Every such recipient shall maintain such records and submit such
            reports, in such form and containing such information, as the
            Secretary may require regarding the performance of programs and
            activities carried out under this title. Such records and
            reports shall be submitted to the Secretary but shall not be
            required to be submitted more than once each quarter unless
            specifically requested by Congress or a committee of Congress,
            in which case an estimate regarding such information may be
            provided.
                (3) Maintenance of standardized records.--In order to allow
            for the preparation of the reports required under subsection
            (c), such recipients shall maintain standardized records for all
            individual participants and provide to the Secretary a
            sufficient number of such records to provide for an adequate
            analysis of the records.
                (4) Availability to the public.--
                        (A) In general.--Except as provided in subparagraph
                    (B), records maintained by such recipients pursuant to
                    this subsection shall be made available to the public
                    upon request.
                        (B) Exception.--Subparagraph (A) shall not apply
                    to--
                              (i) information, the disclosure of which would
                          constitute a clearly unwarranted invasion of
                          personal privacy; and
                              (ii) trade secrets, or commercial or financial
                          information, that is--
                                        (I) obtained from a person; and
                                        (II) privileged or confidential.
                        (C) Fees to recover costs.--Such recipients may
                    charge fees sufficient to recover costs applicable to
                    the processing of requests for records under
                    subparagraph (A).

        (b) Investigations of Use of Funds.--
                (1) In general.--
                        (A) Secretary.--In order to evaluate compliance with
                    the provisions of this title, the Secretary shall
                    conduct, in several States, in each fiscal year,
                    investigations of the use of funds received by
                    recipients under this title.
                        (B) Comptroller general of the united states.--In
                    order to ensure compliance with the provisions of this

    [[Page 128 STAT. 1595]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Guidelines.>>  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.--

    [[Page 128 STAT. 1596]]

                (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. <<NOTE: 29 USC 3246.>>  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) <<NOTE: Deadlines.>>  Appeal.--The decision of the
    administrative law judge shall constitute final action by the Secretary
    unless, within 20 days

    [[Page 128 STAT. 1597]]

    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. <<NOTE: Notification.>> 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) <<NOTE: Applicability.>>  Additional Requirement.--The
    provisions of section 187 shall apply to any final action of the
    Secretary under this section.
    SEC. 187. <<NOTE: 29 USC 3247.>>  JUDICIAL REVIEW.

        (a) <<NOTE: Deadlines.>>  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) <<NOTE: Records.>>  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. <<NOTE: 29 USC 3248.>>  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

    [[Page 128 STAT. 1598]]

            of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis
            of sex under title IX of the Education Amendments of 1972 (20
            U.S.C. 1681 et seq.), or on the basis of race, color, or
            national origin under title VI of the Civil Rights Act of 1964
            (42 U.S.C. 2000d et seq.), programs and activities funded or
            otherwise financially assisted in whole or in part under this
            Act are considered to be programs and activities receiving
            Federal financial assistance.
                (2) Prohibition of discrimination regarding participation,
            benefits, and employment.--No individual shall be excluded from
            participation in, denied the benefits of, subjected to
            discrimination under, or denied employment in the administration
            of or in connection with, any such program or activity because
            of race, color, religion, sex (except as otherwise permitted
            under title IX of the Education Amendments of 1972), national
            origin, age, disability, or political affiliation or belief.
                (3) Prohibition on assistance for facilities for sectarian
            instruction or religious worship.--Participants shall not be
            employed under this title to carry out the construction,
            operation, or maintenance of any part of any facility that is
            used or to be used for sectarian instruction or as a place for
            religious worship (except with respect to the maintenance of a
            facility that is not primarily or inherently devoted to
            sectarian instruction or religious worship, in a case in which
            the organization operating the facility is part of a program or
            activity providing services to participants).
                (4) Prohibition on discrimination on basis of participant
            status.--No person may discriminate against an individual who is
            a participant in a program or activity that receives funds under
            this title, with respect to the terms and conditions affecting,
            or rights provided to, the individual, solely because of the
            status of the individual as a participant.
                (5) Prohibition on discrimination against certain
            noncitizens.--Participation in programs and activities or
            receiving funds under this title shall be available to citizens
            and nationals of the United States, lawfully admitted permanent
            resident aliens, refugees, asylees, and parolees, and other
            immigrants authorized by the Attorney General to work in the
            United States.

        (b) <<NOTE: Notification. Compliance.>>  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. <<NOTE: Time period.>> 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

    [[Page 128 STAT. 1599]]

    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) <<NOTE: Deadline. Procedures.>>  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. <<NOTE: 29 USC 3249.>>  SECRETARIAL ADMINISTRATIVE
                            AUTHORITIES AND RESPONSIBILITIES.

        (a) <<NOTE: Federal Register, publication. Time period.>>  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--

    [[Page 128 STAT. 1600]]

                (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) <<NOTE: Applicability.>>  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) <<NOTE: Effective dates.>>  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.

    [[Page 128 STAT. 1601]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  General authority.--
                    Notwithstanding any other provision of law, the
                    Secretary may waive for a State, or a local area in a
                    State, pursuant to a request submitted by the Governor
                    of the State (in consultation with appropriate local
                    elected officials) with a plan that meets the
                    requirements of subparagraph (B)--
                              (i) any of the statutory or regulatory
                          requirements of subtitle A, subtitle B, or this
                          subtitle (except for requirements relating to wage
                          and labor standards, including nondisplacement
                          protections, worker rights, participation and
                          protection of workers and participants, grievance
                          procedures and judicial review, nondiscrimination,
                          allocation of funds to local areas, eligibility of
                          providers or participants, the establishment and
                          functions of local areas and local boards, the
                          funding of infrastructure costs for one-stop
                          centers, and procedures for review and approval of
                          plans, and other requirements relating to the
                          basic purposes of this title); and
                              (ii) any of the statutory or regulatory
                          requirements of sections 8 through 10 of the
                          Wagner-Peyser Act

    [[Page 128 STAT. 1602]]

                          (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) <<NOTE: Plan.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Memorandum.>>  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. <<NOTE: 29 USC 3250.>>  WORKFORCE FLEXIBILITY PLANS.

        (a) <<NOTE: Waiver authority.>>  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--

    [[Page 128 STAT. 1603]]

                (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) <<NOTE: Notice. Public information.>>  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. <<NOTE: 29 USC 3251.>>  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

    [[Page 128 STAT. 1604]]

    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. <<NOTE: 29 USC 3252.>>  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. <<NOTE: 29 USC 3253.>>  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;

    [[Page 128 STAT. 1605]]

                (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. <<NOTE: 29 USC 3254.>>  GENERAL PROGRAM REQUIREMENTS.

        Except as otherwise provided in this title, the following conditions
    apply to all programs under this title:
                (1) Each program under this title shall provide employment
            and training opportunities to those who can benefit from, and
            who are most in need of, such opportunities. In addition, the
            recipients of Federal funding for programs under this title
            shall make efforts to develop programs that contribute to
            occupational development, upward mobility, development of new
            careers, and opportunities for nontraditional employment.
                (2) Funds provided under this title shall only be used for
            activities that are in addition to activities that would
            otherwise be available in the local area in the absence of such
            funds.
                (3)(A) Any local area may enter into an agreement with
            another local area (including a local area that is a city or
            county within the same labor market) to pay or share the cost of
            educating, training, or placing individuals participating in
            programs assisted under this title, including the provision of
            supportive services.

    [[Page 128 STAT. 1606]]

                (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) <<NOTE: Records.>>  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) <<NOTE: Notification.>>  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.

    [[Page 128 STAT. 1607]]

                (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. <<NOTE: 29 USC 3255.>>  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--

    [[Page 128 STAT. 1608]]

                              (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 <<NOTE: Adult Education and Family Literacy
    Act.>>  AND LITERACY
    SEC. 201. <<NOTE: 29 USC 3101 note.>>  SHORT TITLE.

        This title may be cited as the ``Adult Education and Family Literacy
    Act''.
    SEC. 202. <<NOTE: 29 USC 3271.>>  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;

    [[Page 128 STAT. 1609]]

                (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. <<NOTE: 29 USC 3272.>>  DEFINITIONS.

        In this title:
                (1) Adult education.--The term ``adult education'' means
            academic instruction and education services below the
            postsecondary level that increase an individual's ability to--
                        (A) read, write, and speak in English and perform
                    mathematics or other activities necessary for the
                    attainment of a secondary school diploma or its
                    recognized equivalent;
                        (B) transition to postsecondary education and
                    training; and
                        (C) obtain employment.
                (2) Adult education and literacy activities.--The term
            ``adult education and literacy activities'' means programs,
            activities, and services that include adult education, literacy,
            workplace adult education and literacy activities, family
            literacy activities, English language acquisition activities,
            integrated English literacy and civics education, workforce
            preparation activities, or integrated education and training.
                (3) Eligible agency.--The term ``eligible agency'' means the
            sole entity or agency in a State or an outlying area responsible
            for administering or supervising policy for adult education and
            literacy activities in the State or outlying area, respectively,
            consistent with the law of the State or outlying area,
            respectively.
                (4) Eligible individual.--The term ``eligible individual''
            means an individual--
                        (A) who has attained 16 years of age;
                        (B) who is not enrolled or required to be enrolled
                    in secondary school under State law; and
                        (C) who--
                              (i) is basic skills deficient;
                              (ii) does not have a secondary school diploma
                          or its recognized equivalent, and has not achieved
                          an equivalent level of education; or
                              (iii) is an English language learner.
                (5) Eligible provider.--The term ``eligible provider'' means
            an organization that has demonstrated effectiveness in providing
            adult education and literacy activities that may include--
                        (A) a local educational agency;
                        (B) a community-based organization or faith-based
                    organization;
                        (C) a volunteer literacy organization;

    [[Page 128 STAT. 1610]]

                        (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.

    [[Page 128 STAT. 1611]]

                (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. <<NOTE: 29 USC 3273.>>  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

    [[Page 128 STAT. 1612]]

    engaged in home schooling to participate in adult education and literacy
    activities.
    SEC. 205. <<NOTE: 29 USC 3274.>>  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. <<NOTE: 29 USC 3275.>>  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. <<NOTE: 29 USC 3291.>>  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

    [[Page 128 STAT. 1613]]

            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) <<NOTE: Definition.>>  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) <<NOTE: Territories.>>  In general.--From amounts made
            available under subsection (c) for the Republic of Palau, the
            Secretary shall award grants to Guam, American Samoa, the
            Commonwealth of the Northern Mariana Islands, or the Republic of
            Palau to carry out activities described in this title in
            accordance with the provisions of this title, as determined by
            the Secretary.
                (2) Award basis.--The Secretary shall award grants pursuant
            to paragraph (1) on a competitive basis and pursuant to the
            recommendations from the Pacific Region Educational Laboratory
            in Honolulu, Hawaii.
                (3) Termination of eligibility.--Notwithstanding any other
            provision of law, the Republic of Palau shall be eligible to
            receive a grant under this title except during the period
            described in section 3(45).
                (4) Administrative costs.--The Secretary may provide not
            more than 5 percent of the funds made available for grants under
            this subsection to pay the administrative costs of the Pacific
            Region Educational Laboratory regarding activities assisted
            under this subsection.

        (f) Hold-harmless Provisions.--
                (1) In general.--Notwithstanding subsection (c), for fiscal
            year 2015 and each succeeding fiscal year, no eligible agency
            shall receive an allotment under this section that is less than
            90 percent of the allotment the eligible agency received for the
            preceding fiscal year under this section.
                (2) Ratable reduction.--If for any fiscal year the amount
            available for allotment under this title is insufficient to
            satisfy the provisions of paragraph (1) the Secretary shall
            ratably reduce the payments to all eligible agencies, as
            necessary.

        (g) Reallotment.--The portion of any eligible agency's allotment
    under this title for a fiscal year that the Secretary determines will
    not be required for the period such allotment is available for carrying
    out activities under this title, shall be available for reallotment from
    time to time, on such dates during such period as the Secretary shall
    fix, to other eligible agencies in proportion to the original allotments
    to such agencies under this title for such year.

    [[Page 128 STAT. 1614]]

    SEC. 212. <<NOTE: 29 USC 3292.>>  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. <<NOTE: 29 USC 3301.>>  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. <<NOTE: 29 USC 3302.>>  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.

    [[Page 128 STAT. 1615]]

    SEC. 223. <<NOTE: 29 USC 3303.>>  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.

    [[Page 128 STAT. 1616]]

                        (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

    [[Page 128 STAT. 1617]]

    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. <<NOTE: 29 USC 3304.>>  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. <<NOTE: 29 USC 3305.>>  PROGRAMS FOR CORRECTIONS
                            EDUCATION AND OTHER INSTITUTIONALIZED
                            INDIVIDUALS.

        (a) Program Authorized.--From funds made available under section
    222(a)(1) for a fiscal year, each eligible agency shall carry out
    corrections education and education for other institutionalized
    individuals.
        (b) Uses of Funds.--The funds described in subsection (a) shall be
    used for the cost of educational programs for criminal offenders in
    correctional institutions and for other institutionalized individuals,
    including academic programs for--
                (1) adult education and literacy activities;
                (2) special education, as determined by the eligible agency;
                (3) secondary school credit;
                (4) integrated education and training;
                (5) career pathways;
                (6) concurrent enrollment;
                (7) peer tutoring; and
                (8) transition to re-entry initiatives and other postrelease
            services with the goal of reducing recidivism.

        (c) Priority.--Each eligible agency that is using assistance
    provided under this section to carry out a program for criminal
    offenders within a correctional institution shall give priority to
    serving individuals who are likely to leave the correctional institution
    within 5 years of participation in the program.
        (d) Report.--In addition to any report required under section 116,
    each eligible agency that receives assistance provided under this
    section shall annually prepare and submit to the Secretary a report on
    the progress, as described in section 116, of the eligible agency with
    respect to the programs and activities carried out under this section,
    including the relative rate of recidivism for the criminal offenders
    served.
        (e) Definitions.--In this section:
                (1) Correctional institution.--The term ``correctional
            institution'' means any--
                        (A) prison;
                        (B) jail;
                        (C) reformatory;
                        (D) work farm;
                        (E) detention center; or
                        (F) halfway house, community-based rehabilitation
                    center, or any other similar institution designed for
                    the confinement or rehabilitation of criminal offenders.
                (2) Criminal offender.--The term ``criminal offender'' means
            any individual who is charged with or convicted of any criminal
            offense.

    [[Page 128 STAT. 1618]]

                          Subtitle C--Local Provisions

    SEC. 231. <<NOTE: 29 USC 3321.>>  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

    [[Page 128 STAT. 1619]]

            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.

    [[Page 128 STAT. 1620]]

    SEC. 232. <<NOTE: 29 USC 3322.>>  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. <<NOTE: 29 USC 3323.>>  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. <<NOTE: 29 USC 3331.>>  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

    [[Page 128 STAT. 1621]]

                    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) <<NOTE: Determination.>>  shall determine
                          the percentage decreases in such effort or in such
                          expenditures; and
                              (ii) shall decrease the payment made under
                          this title for such program year to the agency for
                          adult education and literacy activities by the
                          lesser of such percentages.
                (2) Computation.--In computing the fiscal effort and
            aggregate expenditures under paragraph (1), the Secretary shall
            exclude capital expenditures and special one-time project costs.
                (3) Decrease in federal support.--If the amount made
            available for adult education and literacy activities under this
            title for a fiscal year is less than the amount made available
            for adult education and literacy activities under this title for
            the preceding fiscal year, then the fiscal effort per student
            and the aggregate expenditures of an eligible agency required in
            order to avoid a reduction under paragraph (1)(B) shall be
            decreased by the same percentage as the percentage decrease in
            the amount so made available.
                (4) Waiver.--The Secretary may waive the requirements of
            this subsection for not more than 1 fiscal year, if the
            Secretary determines that a waiver would be equitable due to
            exceptional or uncontrollable circumstances, such as a natural
            disaster or an unforeseen and precipitous decline in the
            financial resources of the State or outlying area of the
            eligible agency. If the Secretary grants a waiver under the
            preceding sentence for a fiscal year, the level of effort
            required under paragraph (1) shall not be reduced in the
            subsequent fiscal year because of the waiver.
    SEC. 242. <<NOTE: 29 USC 3332.>>  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;

    [[Page 128 STAT. 1622]]

                (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;

    [[Page 128 STAT. 1623]]

                              (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. <<NOTE: 29 USC 3333.>>  INTEGRATED ENGLISH LITERACY AND
                            CIVICS EDUCATION.

        (a) <<NOTE: Grants.>>  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

    [[Page 128 STAT. 1624]]

    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

    [[Page 128 STAT. 1625]]

                        (B) by striking ``section 117 of the Workforce
                    Investment Act of 1998'' and inserting ``section 107 of
                    the Workforce Innovation and Opportunity Act'';
                (3) in paragraph (3)--
                        (A) by striking ``134(c)'' and inserting ``121(e)'';
                    and
                        (B) by striking ``Workforce Investment Act of 1998''
                    and inserting ``Workforce Innovation and Opportunity
                    Act''; and
                (4) in paragraph (4), by striking ``and'' at the end;
                (5) in paragraph (5), by striking the period and inserting
            ``; and''; and
                (6) by adding at the end the following:
                ``(6) the term `employment service office' means a local
            office of a State agency; and
                ``(7) except in section 15, the term `State agency', used
            without further description, means an agency designated or
            authorized under section 4.''.
    SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.

        (a) Coordination.--Section 3(a) of the Wagner-Peyser Act (29 U.S.C.
    49b(a)) is amended by striking ``services'' and inserting ``service
    offices''.
        (b) Public Labor Exchange Services System.--Section 3(c) of the
    Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended--
                (1) in paragraph (2), by striking the semicolon and
            inserting ``, and identify and disseminate information on best
            practices for such system; and''; and
                (2) by adding at the end the following:
                ``(4) in coordination with the State agencies and the staff
            of such agencies, assist in the planning and implementation of
            activities to enhance the professional development and career
            advancement opportunities of such staff, in order to strengthen
            the provision of a broad range of career guidance services, the
            identification of job openings (including providing intensive
            outreach to small and medium-sized employers and enhanced
            employer services), the provision of technical assistance and
            training to other providers of workforce development activities
            (including workplace learning advisors) relating to counseling
            and employment-related services, and the development of new
            strategies for coordinating counseling and technology.''.

        (c) One-stop Centers.--Section 3 of the Wagner-Peyser Act (29 U.S.C.
    49b) is amended by inserting after subsection (c) the following:
        ``(d) In order to improve service delivery, avoid duplication of
    services, and enhance coordination of services, including location of
    staff to ensure access to services under section 7(a) statewide in
    underserved areas, employment service offices in each State shall be
    colocated with one-stop centers.
        ``(e) <<NOTE: Consultation.>>  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.''.

    [[Page 128 STAT. 1626]]

    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'';

    [[Page 128 STAT. 1627]]

                (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) <<NOTE: Evaluation. Consultation.>>
                    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

    [[Page 128 STAT. 1628]]

                          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

    [[Page 128 STAT. 1629]]

    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) <<NOTE: Evaluation.>>  an evaluation of the
            performance of the system, with particular attention to the
            improvements needed at the State and local levels;
                ``(4) a description of the involvement of States in the
            development of the plan, through consultation by the Secretary
            with the Workforce Information Advisory Council in accordance
            with subsection (d); and
                ``(5) a description of the written recommendations received
            from the Workforce Information Advisory Council established
            under subsection (d), and the extent to which those
            recommendations were incorporated into the plan.''.

        (e) Workforce Information Advisory Council.--Section 15 of the
    Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking subsection
    (d) and inserting the following:
        ``(d) Workforce Information Advisory Council.--
                ``(1) <<NOTE: Consultation. Deadline.>>  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. <<NOTE: Recommenda-
            tions.>>  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) <<NOTE: Appointments.>>  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

    [[Page 128 STAT. 1630]]

                          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'';

    [[Page 128 STAT. 1631]]

                (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

    [[Page 128 STAT. 1632]]

                        (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,

    [[Page 128 STAT. 1633]]

                    except that the reference in such section to the term
                    `individuals with disabilities' shall be deemed to mean
                    more than 1 individual with a disability as defined in
                    paragraph (20)(A)).
                        ``(C) Assistive technology service.--The term
                    `assistive technology service' has the meaning given
                    such term in section 3 of the Assistive Technology Act
                    of 1998, except that the reference in such section--
                              ``(i) to the term `individual with a
                          disability' shall be deemed to mean an individual
                          with a disability, as defined in paragraph
                          (20)(A); and
                              ``(ii) to the term `individuals with
                          disabilities' shall be deemed to mean more than 1
                          such individual.'';
                (3) by redesignating paragraph (5) as paragraph (4);
                (4) in paragraph (4), as redesignated by paragraph (3)--
                        (A) by redesignating subparagraphs (O) through (Q)
                    as subparagraphs (P) through (R), respectively;
                        (B) by inserting after subparagraph (N) the
                    following:
                        ``(O) customized employment;''; and
                        (C) in subparagraph (R), as redesignated by
                    subparagraph (A) of this paragraph, by striking ``(P)''
                    and inserting ``(Q)'';
                (5) by inserting before paragraph (6) the following:
                ``(5) Competitive integrated employment.--The term
            `competitive integrated employment' means work that is performed
            on a full-time or part-time basis (including self-employment)--
                        ``(A) for which an individual--
                              ``(i) is compensated at a rate that--
                                        ``(I)(aa) shall be not less than the
                                    higher of the rate specified in section
                                    6(a)(1) of the Fair Labor Standards Act
                                    of 1938 (29 U.S.C. 206(a)(1)) or the
                                    rate specified in the applicable State
                                    or local minimum wage law; and
                                        ``(bb) is not less than the
                                    customary rate paid by the employer for
                                    the same or similar work performed by
                                    other employees who are not individuals
                                    with disabilities, and who are similarly
                                    situated in similar occupations by the
                                    same employer and who have similar
                                    training, experience, and skills; or
                                        ``(II) in the case of an individual
                                    who is self-employed, yields an income
                                    that is comparable to the income
                                    received by other individuals who are
                                    not individuals with disabilities, and
                                    who are self-employed in similar
                                    occupations or on similar tasks and who
                                    have similar training, experience, and
                                    skills; and
                              ``(ii) is eligible for the level of benefits
                          provided to other employees;
                        ``(B) that is at a location where the employee
                    interacts with other persons who are not individuals
                    with disabilities (not including supervisory personnel
                    or individuals who are providing services to such
                    employee) to the same extent that individuals who are
                    not individuals with disabilities and who are in
                    comparable positions interact with other persons; and

    [[Page 128 STAT. 1634]]

                        ``(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

    [[Page 128 STAT. 1635]]

                          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

    [[Page 128 STAT. 1636]]

                          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

    [[Page 128 STAT. 1637]]

                    employment outcome identified in the individualized plan
                    for employment.'';
                (23) in paragraph (41), as redesignated by paragraph (17),
            by striking ``as defined in section 101 of the Workforce
            Investment Act of 1998'' and inserting ``as defined in section 3
            of the Workforce Innovation and Opportunity Act''; and
                (24) by inserting after paragraph (41), as redesignated by
            paragraph (17), the following:
                ``(42) Youth with a disability.--
                        ``(A) In general.--The term `youth with a
                    disability' means an individual with a disability who--
                              ``(i) is not younger than 14 years of age; and
                              ``(ii) is not older than 24 years of age.
                        ``(B) Youth with disabilities.--The term `youth with
                    disabilities' means more than 1 youth with a
                    disability.''.
    SEC. 405. ADMINISTRATION OF THE ACT.

        (a)  Promulgation.--Section 8(a)(2) (29 U.S.C. 706(a)(2)) is amended
    by inserting ``of Education'' after ``Secretary''.
        (b) Privacy.--Section 11 (29 U.S.C. 708) is amended--
                (1) by inserting ``(a)'' before ``The provisions''; and
                (2) by adding at the end the following:

        ``(b) <<NOTE: Applicability.>>  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'';

    [[Page 128 STAT. 1638]]

                (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) <<NOTE: Public information.>>  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)'';

    [[Page 128 STAT. 1639]]

                (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

    [[Page 128 STAT. 1640]]

                                        (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

    [[Page 128 STAT. 1641]]

    necessary for fiscal years 1999 through 2003'' and inserting
    ``$3,302,053,000 for each of the fiscal years 2015 through 2020''.
    SEC. 412. STATE PLANS.

        (a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a)) is
    amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``to
                    participate'' and all that follows and inserting ``to
                    receive funds under this title for a fiscal year, a
                    State shall submit, and have approved by the Secretary
                    and the Secretary of Labor, a unified State plan in
                    accordance with section 102, or a combined State plan in
                    accordance with section 103, of the Workforce Innovation
                    and Opportunity Act. The unified or combined State plan
                    shall include, in the portion of the plan described in
                    section 102(b)(2)(D) of such Act (referred to in this
                    subsection as the `vocational rehabilitation services
                    portion'), the provisions of a State plan for vocational
                    rehabilitation services, described in this
                    subsection.''; and
                        (B) in subparagraph (B)--
                              (i) by striking ``in the State plan for
                          vocational rehabilitation services,'' and
                          inserting ``as part of the vocational
                          rehabilitation services portion of the unified or
                          combined State plan submitted in accordance with
                          subparagraph (A),''; and
                              (ii) by striking ``Rehabilitation Act
                          Amendments of 1998'' and inserting ``Workforce
                          Innovation and Opportunity Act''; and
                        (C) in subparagraph (C)--
                              (i) by striking ``The State plan shall remain
                          in effect subject to the submission of such
                          modifications'' and inserting ``The vocational
                          rehabilitation services portion of the unified or
                          combined State plan submitted in accordance with
                          subparagraph (A) shall remain in effect until the
                          State submits and receives approval of a new State
                          plan in accordance with subparagraph (A), or until
                          the submission of such modifications''; and
                              (ii) by striking ``, until the State submits
                          and receives approval of a new State plan'';
                (2) in paragraph (2)--
                        (A) in subparagraph (A), by striking ``The State
                    plan'' and inserting ``The State plan for vocational
                    rehabilitation services''; and
                        (B) in subparagraph (B)(ii)--
                              (i) in subclause (II), by inserting ``who is
                          responsible for the day-to-day operation of the
                          vocational rehabilitation program'' before the
                          semicolon;
                              (ii) in subclause (III), by striking ``and''
                          at the end;
                              (iii) in subclause (IV), by striking the
                          period and inserting ``; and''; and
                              (iv) by adding at the end the following:
                                        ``(V) has the sole authority and
                                    responsibility within the designated
                                    State agency described in subparagraph
                                    (A) to expend funds made available

    [[Page 128 STAT. 1642]]

                                    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

    [[Page 128 STAT. 1643]]

                                        ``(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

    [[Page 128 STAT. 1644]]

                                        (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

    [[Page 128 STAT. 1645]]

                                        (II) by inserting ``(including
                                    programmatic accessibility and physical
                                    accessibility)'' after ``program
                                    accessibility'';
                              (iv) in clause (ii), by striking ``workforce
                          investment system'' and inserting ``workforce
                          development system''; and
                              (v) in clause (v), by striking ``workforce
                          investment system'' and inserting ``workforce
                          development system'';
                        (B) in subparagraph (B), by striking ``workforce
                    investment system'' and inserting ``workforce
                    development system'';
                        (C) in subparagraph (C)--
                              (i) by inserting ``the State programs carried
                          out under section 4 of the Assistive Technology
                          Act of 1998 (29 U.S.C. 3003),'' after
                          ``including'';
                              (ii) by inserting ``, noneducational agencies
                          serving out-of-school youth,'' after
                          ``Agriculture''; and
                              (iii) by striking ``such agencies and
                          programs'' and inserting ``such Federal, State,
                          and local agencies and programs''; and
                              (iv) by striking ``workforce investment
                          system'' and inserting ``workforce development
                          system'';
                        (D) in subparagraph (D)--
                              (i) in the matter preceding clause (i), by
                          inserting ``, including pre-employment transition
                          services,'' before ``under this title'';
                              (ii) in clause (i), by inserting ``, which may
                          be provided using alternative means for meeting
                          participation (such as video conferences and
                          conference calls),'' after ``consultation and
                          technical assistance''; and
                              (iii) in clause (ii), by striking
                          ``completion'' and inserting ``implementation'';
                        (E) by redesignating subparagraphs (E) and (F) as
                    subparagraphs (F) and (H), respectively;
                        (F) by inserting after subparagraph (D) the
                    following:
                        ``(E) Coordination with employers.--The State plan
                    shall describe how the designated State unit will work
                    with employers to identify competitive integrated
                    employment opportunities and career exploration
                    opportunities, in order to facilitate the provision of--
                              ``(i) vocational rehabilitation services; and
                              ``(ii) transition services for youth with
                          disabilities and students with disabilities, such
                          as pre-employment transition services.'';
                        (G) in subparagraph (F), as redesignated by
                    subparagraph (E) of this paragraph--
                              (i) by inserting ``chapter 1 of'' after ``part
                          C of''; and
                              (ii) by inserting ``, as appropriate'' before
                          the period;
                        (H) by inserting after subparagraph (F), as
                    redesignated by subparagraph (E) of this paragraph, the
                    following:
                        ``(G) Cooperative agreement regarding individuals
                    eligible for home and community-based waiver programs.--
                    The State plan shall include an assurance that

    [[Page 128 STAT. 1646]]

                    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)--

    [[Page 128 STAT. 1647]]

                        (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) <<NOTE: Reports. Deadline.>>  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

    [[Page 128 STAT. 1648]]

                                        (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

    [[Page 128 STAT. 1649]]

                ``(2) subsection (b), and paragraphs (1), (2), and (3) of
            subsection (c), of section 103 of such Act in a case in which
            that State plan for vocational rehabilitation services is a
            portion of the combined State plan described in that section
            103.''.

        (c) Construction.--Section 101 (29 U.S.C. 721) is amended by adding
    at the end the following:
        ``(c) Construction.--Nothing in this part shall be construed to
    reduce the obligation under the Individuals with Disabilities Education
    Act (20 U.S.C. 1400 et seq.) of a local educational agency or any other
    agency to provide or pay for any transition services that are also
    considered special education or related services and that are necessary
    for ensuring a free appropriate public education to children with
    disabilities within the State involved.''.
    SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.

        (a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``is an'' and
                    inserting ``has undergone an assessment for determining
                    eligibility and vocational rehabilitation needs and as a
                    result has been determined to be an'';
                        (B) in subparagraph (B), by striking ``or regain
                    employment.'' and inserting ``advance in, or regain
                    employment that is consistent with the individual's
                    strengths, resources, priorities, concerns, abilities,
                    capabilities, interests, and informed choice.''; and
                        (C) by adding at the end the following: ``For
                    purposes of an assessment for determining eligibility
                    and vocational rehabilitation needs under this Act, an
                    individual shall be presumed to have a goal of an
                    employment outcome.'';
                (2) in paragraph (2)--
                        (A) in subparagraph (A)--
                              (i) in the subparagraph header, by striking
                          ``Demonstration'' and inserting ``Applicants'';
                          and
                              (ii) by striking ``, unless'' and all that
                          follows and inserting a period; and
                        (B) in subparagraph (B)--
                              (i) in the subparagraph header, by striking
                          ``Methods'' and inserting ``Responsibilities'';
                              (ii) in the first sentence--
                                        (I) by striking ``In making the
                                    demonstration required under
                                    subparagraph (A),'' and inserting
                                    ``Prior to determining under this
                                    subsection that an applicant described
                                    in subparagraph (A) is unable to benefit
                                    due to the severity of the individual's
                                    disability or that the individual is
                                    ineligible for vocational rehabilitation
                                    services,''; and
                                        (II) by striking ``, except under''
                                    and all that follows and inserting a
                                    period; and
                              (iii) in the second sentence, by striking
                          ``individual or to determine'' and all that
                          follows and inserting ``individual. In providing
                          the trial experiences, the designated State unit
                          shall provide the individual with the opportunity
                          to try different employment experiences, including
                          supported employment, and the opportunity to
                          become employed in competitive integrated
                          employment.'';

    [[Page 128 STAT. 1650]]

                (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,

    [[Page 128 STAT. 1651]]

                          resources, priorities, concerns, abilities,
                          capabilities, interests, and informed choice.'';
                          and
                        (B) by adding at the end the following:
                        ``(F) <<NOTE: Deadline.>>  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--

    [[Page 128 STAT. 1652]]

                (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)--

    [[Page 128 STAT. 1653]]

                        (A) in paragraph (2)--
                              (i) in subparagraph (A)--
                                        (I) by striking ``(A)''; and
                                        (II) by striking the second sentence
                                    and inserting ``Such programs shall be
                                    used to provide services described in
                                    this section that promote integration
                                    into the community and that prepare
                                    individuals with disabilities for
                                    competitive integrated employment,
                                    including supported employment and
                                    customized employment.''; and
                              (ii) by striking subparagraph (B);
                        (B) by striking paragraph (5) and inserting the
                    following:
                ``(5) Technical assistance to businesses that are seeking to
            employ individuals with disabilities.''; and
                        (C) by striking paragraph (6) and inserting the
                    following:
                ``(6) Consultation and technical assistance services to
            assist State educational agencies and local educational agencies
            in planning for the transition of students with disabilities
            from school to postsecondary life, including employment.
                ``(7) Transition services to youth with disabilities and
            students with disabilities, for which a vocational
            rehabilitation counselor works in concert with educational
            agencies, providers of job training programs, providers of
            services under the Medicaid program under title XIX of the
            Social Security Act (42 U.S.C. 1396 et seq.), entities
            designated by the State to provide services for individuals with
            developmental disabilities, centers for independent living (as
            defined in section 702), housing and transportation authorities,
            workforce development systems, and businesses and employers.
                ``(8) The establishment, development, or improvement of
            assistive technology demonstration, loan, reutilization, or
            financing programs in coordination with activities authorized
            under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et
            seq.) to promote access to assistive technology for individuals
            with disabilities and employers.
                ``(9) <<NOTE: Applicability.>>  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,

    [[Page 128 STAT. 1654]]

            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)--

    [[Page 128 STAT. 1655]]

                              (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,

    [[Page 128 STAT. 1656]]

                    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,'';

    [[Page 128 STAT. 1657]]

                (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) <<NOTE: Grants.>>  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) <<NOTE: Definitions.>>  In this subparagraph:
                ``(I) The term `American Indian Consortium' has the meaning
            given the term in section 102 of the Developmental Disabilities
            Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
                ``(II) The term `protection and advocacy system' means a
            protection and advocacy system established under subtitle C of
            title I of the Developmental Disabilities Assistance and Bill of
            Rights Act of 2000 (42 U.S.C. 15041 et seq.).

        ``(F) For any fiscal year for which the amount appropriated under
    subsection (h) equals or exceeds $14,000,000, the Secretary may reserve
    not less than 1.8 percent and not more than 2.2 percent of such amount
    to provide a grant for training and technical assistance for the
    programs established under this section. Such training and technical
    assistance shall be coordinated with activities provided under section
    509(c)(1)(A).''; and
                (4) by striking subsection (h) and inserting the following:

        ``(h) <<NOTE: Appropriation authorization.>>  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. <<NOTE: 29 USC 733.>>  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

    [[Page 128 STAT. 1658]]

            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

    [[Page 128 STAT. 1659]]

                ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Survey.>>  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

    [[Page 128 STAT. 1660]]

    manner, and containing a proposal to provide such training and technical
    assistance, and containing such additional information as the
    Commissioner may require. <<NOTE: Peer review.>>  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.''.

    [[Page 128 STAT. 1661]]

    SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING,
                            AND REHABILITATION RESEARCH.

        Section 202 (29 U.S.C. 762) is amended--
                (1) in the section heading, by inserting ``, independent
            living,'' after ``disability'';
                (2) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``Department of Education'' and all
                          that follows through ``which'' and inserting
                          ``Administration for Community Living of the
                          Department of Health and Human Services a National
                          Institute on Disability, Independent Living, and
                          Rehabilitation Research (referred to in this title
                          as the `Institute'), which''; and
                              (ii) in subparagraph (A)--
                                        (I) in clause (ii), by striking
                                    ``and training; and'' and inserting ``,
                                    training, and technical assistance;'';
                                        (II) by redesignating clause (iii)
                                    as clause (iv); and
                                        (III) by inserting after clause (ii)
                                    the following:
                        ``(iii) outreach and information that clarifies
                    research implications for policy and practice; and'';
                    and
                        (B) in paragraph (2), by striking ``directly'' and
                    all that follows through the period and inserting
                    ``directly responsible to the Administrator for the
                    Administration for Community Living of the Department of
                    Health and Human Services.'';
                (3) in subsection (b)--
                        (A) in paragraph (2), by striking subparagraph (B)
                    and inserting the following:
                        ``(B) private organizations engaged in research
                    relating to--
                              ``(i) independent living;
                              ``(ii) rehabilitation; or
                              ``(iii) providing rehabilitation or
                          independent living services;'';
                        (B) in paragraph (3), by striking ``in
                    rehabilitation'' and inserting ``on disability,
                    independent living, and rehabilitation'';
                        (C) in paragraph (4)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``education, health and wellness,''
                          after ``independent living,''; and
                              (ii) by striking subparagraphs (A) through (D)
                          and inserting the following:
                        ``(A) public and private entities, including--
                              ``(i) elementary schools and secondary schools
                          (as defined in section 9101 of the Elementary and
                          Secondary Education Act of 1965 (20 U.S.C. 7801));
                          and
                              ``(ii) institutions of higher education;
                        ``(B) rehabilitation practitioners;
                        ``(C) employers and organizations representing
                    employers with respect to employment-based educational
                    materials or research;

    [[Page 128 STAT. 1662]]

                        ``(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)--

    [[Page 128 STAT. 1663]]

                              (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) <<NOTE: Grants.>>  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) <<NOTE: Deadlines. Reports.>>  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;

    [[Page 128 STAT. 1664]]

                ``(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) <<NOTE: Determination.>>  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''

    [[Page 128 STAT. 1665]]

                          and inserting ``, independent living research, and
                          research that incorporates the principles of
                          universal design''; and
                              (iv) in subparagraph (E), by striking ``and
                          research that incorporates the principles of
                          universal design.'' and inserting ``, independent
                          living research, and research that incorporates
                          the principles of universal design.'';
                (3) by striking subsection (d);
                (4) by redesignating subsection (c) as subsection (d);
                (5) by inserting after subsection (b) the following:

        ``(c)(1) <<NOTE: Strategic plan.>>  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) <<NOTE: Reports.>>  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:

    [[Page 128 STAT. 1666]]

                ``(2) <<NOTE: Definition.>>  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--

    [[Page 128 STAT. 1667]]

                ``(A) <<NOTE: Public information.>>  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:

    [[Page 128 STAT. 1668]]

                ``(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'';

    [[Page 128 STAT. 1669]]

                              (vi) in subparagraph (G)(i), by inserting
                          ``independent living and'' before
                          ``rehabilitation-related'';
                              (vii) by striking subparagraph (I); and
                              (viii) by redesignating subparagraphs (J)
                          through (O) as subparagraphs (I) through (N),
                          respectively;
                        (C) in paragraph (3)--
                              (i) in subparagraph (A), by inserting
                          ``independent living strategies and'' before
                          ``rehabilitation technology'';
                              (ii) in subparagraph (B)--
                                        (I) in clause (i)(I), by inserting
                                    ``independent living and'' before
                                    ``rehabilitation problems'';
                                        (II) in clause (ii)(II), by striking
                                    ``employment'' and inserting
                                    ``educational, employment,''; and
                                        (III) in clause (iii)(II), by
                                    striking ``employment'' and inserting
                                    ``educational, employment,'';
                              (iii) in subparagraph (D)(i)(II), by striking
                          ``postschool'' and inserting ``postsecondary
                          education, competitive integrated employment, and
                          other age-appropriate''; and
                              (iv) in subparagraph (G)(ii), by inserting
                          ``the impact of any commercialized product
                          researched or developed through the Center,''
                          after ``individuals with disabilities,'';
                        (D) in paragraph (4)(B)--
                              (i) in clause (i)--
                                        (I) by striking ``vocational'' and
                                    inserting ``independent living,
                                    employment,'';
                                        (II) by striking ``special'' and
                                    inserting ``unique''; and
                                        (III) by inserting ``social and
                                    functional needs, and'' before ``acute
                                    care''; and
                              (ii) in clause (iv), by inserting ``education,
                          health and wellness,'' after ``employment,'';
                        (E) by striking paragraph (8) and inserting the
                    following:

        ``(8) Grants may be used to conduct a program of joint projects with
    other administrations and offices of the Department of Health and Human
    Services, the National Science Foundation, the Department of Veterans
    Affairs, the Department of Defense, the Federal Communications
    Commission, the National Aeronautics and Space Administration, the Small
    Business Administration, the Department of Labor, other Federal
    agencies, and private industry in areas of joint interest involving
    rehabilitation.'';
                        (F) by striking paragraphs (9) and (11);
                        (G) by redesignating paragraphs (10), (12), (13),
                    (14), (15), (16), (17), and (18), as paragraphs (9),
                    (10), (11), (12), (13), (14), (15), and (16),
                    respectively;
                        (H) in paragraph (11), as redesignated by
                    subparagraph (G)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``employment needs of individuals with
                          disabilities, including'' and inserting
                          ``employment needs, opportunities, and outcomes
                          (including those relating to self-employment,
                          supported employment, and telecommuting) of
                          individuals with disabilities, including'';

    [[Page 128 STAT. 1670]]

                              (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) <<NOTE: Grants. Contracts.>>  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;

    [[Page 128 STAT. 1671]]

                ``(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. <<NOTE: 29 USC 766.>>  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.''.

    [[Page 128 STAT. 1672]]

         Subtitle D--Professional Development and Special Projects and
                                  Demonstration

    SEC. 441. PURPOSE; TRAINING.

        (a) Purpose.--Section 301(a) (29 U.S.C. 771(a)) is amended--
                (1) in paragraph (2), by inserting ``and'' after the
            semicolon;
                (2) by striking paragraphs (3) and (4);
                (3) by redesignating paragraph (5) as paragraph (3); and
                (4) in paragraph (3), as redesignated by paragraph (3), by
            striking ``workforce investment systems'' and inserting
            ``workforce development systems''.

        (b) Training.--Section 302 (29 U.S.C. 772) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (E), by striking all after
                          ``deliver'' and inserting ``supported employment
                          services and customized employment services to
                          individuals with the most significant
                          disabilities;'';
                              (ii) in subparagraph (F), by striking ``and''
                          after the semicolon;
                              (iii) in subparagraph (G), by striking the
                          period at the end and inserting ``; and''; and
                              (iv) by adding at the end the following:
                        ``(H) personnel trained in providing assistive
                    technology services.'';
                        (B) in paragraph (4)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``title I of the Workforce Investment
                          Act of 1998'' and inserting ``subtitle B of title
                          I of the Workforce Innovation and Opportunity
                          Act'';
                              (ii) in subparagraph (A), by striking
                          ``workforce investment system'' and inserting
                          ``workforce development system''; and
                              (iii) in subparagraph (B), by striking
                          ``section 134(c) of the Workforce Investment Act
                          of 1998.'' and inserting ``section 121(e) of the
                          Workforce Innovation and Opportunity Act.''; and
                        (C) in paragraph (5), by striking ``title I of the
                    Workforce Investment Act of 1998'' and inserting
                    ``subtitle B of title I of the Workforce Innovation and
                    Opportunity Act'';
                (2) in subsection (b)(1)(B)(i), by striking ``or prosthetics
            and orthotics'' and inserting ``prosthetics and orthotics,
            vision rehabilitation therapy, orientation and mobility
            instruction, or low vision therapy'';
                (3) in subsection (g)--
                        (A) in the subsection heading, by striking ``and In-
                    Service Training'';
                        (B) in paragraph (1), by adding after the period the
                    following: ``Any technical assistance provided to
                    community rehabilitation programs shall be focused on
                    the employment outcome of competitive integrated
                    employment for individuals with disabilities.''; and
                        (C) by striking paragraph (3);
                (4) in subsection (h), by striking ``section 306'' and
            inserting ``section 304''; and

    [[Page 128 STAT. 1673]]

                (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

    [[Page 128 STAT. 1674]]

                              (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) <<NOTE: 29 USC 774, 775.>>  by striking sections 304 and
            305;
                (2) <<NOTE: 29 USC 776.>>  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) <<NOTE: Appointments.>>  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) <<NOTE: Appointments.>>  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.

    [[Page 128 STAT. 1675]]

                        ``(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''.

    [[Page 128 STAT. 1676]]

        (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. <<NOTE: Contracts. 29 USC 794g.>>  LIMITATIONS ON USE
                            OF SUBMINIMUM WAGE.

        ``(a) In General.--No entity, including a contractor or
    subcontractor of the entity, which holds a special wage certificate as
    described in section 14(c) of the Fair Labor Standards Act of 1938 (29
    U.S.C. 214(c)) may compensate an individual with a disability who is age
    24 or younger at a wage (referred to in this section as a `subminimum
    wage') that is less than the Federal minimum wage unless 1 of the
    following conditions is met:
                ``(1) The individual is currently employed, as of the
            effective date of this section, by an entity that holds a valid
            certificate pursuant to section 14(c) of the Fair Labor
            Standards Act of 1938.
                ``(2) The individual, before beginning work that is
            compensated at a subminimum wage, has completed, and produces
            documentation indicating completion of, each of the following
            actions:
                        ``(A) The individual has received pre-employment
                    transition services that are available to the individual
                    under section 113, or transition services under the
                    Individuals with Disabilities Education Act (20 U.S.C.
                    1400 et seq.) such as transition services available to
                    the individual under section 614(d) of that Act (20
                    U.S.C. 1414(d)).
                        ``(B) The individual has applied for vocational
                    rehabilitation services under title I, with the result
                    that--
                              ``(i)(I) the individual has been found
                          ineligible for such services pursuant to that
                          title and has documentation consistent with
                          section 102(a)(5)(C) regarding the determination
                          of ineligibility; or
                              ``(II)(aa) the individual has been determined
                          to be eligible for vocational rehabilitation
                          services;
                              ``(bb) the individual has an individualized
                          plan for employment under section 102;
                              ``(cc) the individual has been working toward
                          an employment outcome specified in such
                          individualized

    [[Page 128 STAT. 1677]]

                          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

    [[Page 128 STAT. 1678]]

                    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) <<NOTE: Time period.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Records.>>  Verification.--

    [[Page 128 STAT. 1679]]

                ``(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) <<NOTE: Definition.>>  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) <<NOTE: 29 USC 794g note.>>  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) <<NOTE: 29 USC 795, 795a. 29 USC 795g prec. 29 USC 795g-
            795n. 29 USC 795g.>>  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) <<NOTE: 29 USC 795h.>>  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)--

    [[Page 128 STAT. 1680]]

                                                (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. <<NOTE: 29 USC 795i.>>  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. <<NOTE: Time period.>>  Such
            extended services shall be available for a period not to exceed
            4 years.'';
                (7) <<NOTE: 29 USC 795j.>>  in section 605, as redesignated
            by paragraph (3)--
                        (A) in the matter preceding paragraph (1)--
                              (i) by inserting ``, including a youth with a
                          disability,'' after ``An individual''; and
                              (ii) by striking ``this part'' and inserting
                          ``this title'';
                        (B) in paragraph (1), by inserting ``under title I''
                    after ``rehabilitation services'';
                        (C) in paragraph (2), by striking ``and'' after the
                    semicolon;
                        (D) by redesignating paragraph (3) as paragraph (4);

    [[Page 128 STAT. 1681]]

                        (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) <<NOTE: 29 USC 795k.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>
                                            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,

    [[Page 128 STAT. 1682]]

                                            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. <<NOTE: 29 USC 795l.>>  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) <<NOTE: 29 USC 795m.>>  in section 608(b), as
            redesignated by paragraph (3), by striking ``this part'' both
            places the terms appears and inserting ``this title''; and
                (11) <<NOTE: 29 USC 795n.>>  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) <<NOTE: Deadline.>>  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

    [[Page 128 STAT. 1683]]

    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) <<NOTE: Recommenda- tions.>>  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

    [[Page 128 STAT. 1684]]

            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. <<NOTE: 29 USC 795o.>>  AUTHORIZATION OF
                            APPROPRIATIONS.

        ``There is authorized to be appropriated to carry out this title
    $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016,
    $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018,

    [[Page 128 STAT. 1685]]

    $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. <<NOTE: 29 USC 796-1.>>  ADMINISTRATION OF THE
                              INDEPENDENT LIVING PROGRAM.

        ``There <<NOTE: Establishment.>>  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

    [[Page 128 STAT. 1686]]

                (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)--

    [[Page 128 STAT. 1687]]

                        (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)--

    [[Page 128 STAT. 1688]]

                              (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

    [[Page 128 STAT. 1689]]

                (5) in subsection (f)--
                        (A) by striking ``such resources'' and inserting
                    ``available resources''; and
                        (B) by striking ``(including'' and all that follows
                    through ``compensation'' and inserting ``(such as
                    personal assistance services), and to pay reasonable
                    compensation''.
    SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR.

        Section 706 (29 U.S.C. 796d-1) is amended--
                (1) by striking the title of the section and inserting the
            following:
    ``SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.'';
                (2) in subsection (a)--
                        (A) in paragraph (1), by striking ``Commissioner''
                    each place it appears and inserting ``Administrator'';
                    and
                        (B) in paragraph (2)--
                              (i) in subparagraph (A), by striking
                          ``Commissioner'' and inserting ``Administrator'';
                          and
                              (ii) in subparagraph (B)--
                                        (I) in clause (i)--
                                                (aa) by inserting ``or the
                                            Commissioner'' after ``to the
                                            Secretary''; and
                                                (bb) by striking ``to the
                                            Commissioner; and'' and
                                            inserting ``to the
                                            Administrator;'';
                                        (II) by redesignating clause (ii) as
                                    clause (iii); and
                                        (III) by inserting after clause (i)
                                    the following:
                              ``(ii) to the State agency shall be deemed to
                          be references to the designated State entity;
                          and'';
                (3) by striking subsection (b) and inserting the following:

        ``(b) <<NOTE: Deadline. Federal Register, publication.>>
    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

    [[Page 128 STAT. 1690]]

            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) <<NOTE: Effective date. Grants. Contracts. 29 USC
    796e-0.>>  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) <<NOTE: Survey.>>  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,

    [[Page 128 STAT. 1691]]

    containing a proposal to provide such training and technical assistance,
    and containing such additional information, as the Administrator may
    require. <<NOTE: Peer review.>>  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

    [[Page 128 STAT. 1692]]

                              (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. <<NOTE: Determination.>>  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 128 STAT. 1693]]

                (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) <<NOTE: Effective date. Grants. Contracts. 29 USC
    796j-1.>>  From the funds appropriated and made available to carry out
    this chapter for any fiscal year, beginning with

    [[Page 128 STAT. 1694]]

    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) <<NOTE: Survey.>>  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. <<NOTE: Peer review.>>  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.''.

    [[Page 128 STAT. 1695]]

                         Subtitle I--General Provisions

    SEC. 491. <<NOTE: 42 USC 3515e.>>  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) <<NOTE: Deadline. Certification.>>  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,

    [[Page 128 STAT. 1696]]

    alter, or discontinue such organizational entities in such
    Administration as may be necessary or appropriate.
        (f) <<NOTE: Regulations.>>  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) <<NOTE: Determinations.>>  Incidental Transfers.--The Director
    of the Office of Management and Budget, at such time or times as the
    Director shall provide, is authorized to make such determinations as may
    be necessary with regard to the functions transferred by subsection (b),
    and to make such additional incidental dispositions of personnel,
    assets, liabilities, grants, contracts, property, records, and
    unexpended balances of appropriations, authorizations, allocations, and
    other funds held, used, arising from, available to, or to be made
    available in connection with such functions, as may be necessary to
    carry out the provisions of this section. The Director of the Office of
    Management and Budget shall provide for the termination of the affairs
    of all entities terminated by this section and for such further measures
    and dispositions as may be necessary to effectuate the purposes of this
    section, with respect to such functions.

        (i) Savings Provisions.--
                (1) Continuing effect of legal documents.--All orders,
            determinations, rules, regulations, permits, agreements, grants,
            contracts, certificates, licenses, registrations, privileges,
            and other administrative actions--
                        (A) which have been issued, made, granted, or
                    allowed to become effective by the President, any
                    Federal agency or official thereof, or by a court of
                    competent jurisdiction, in the performance of functions
                    which are transferred under subsection (b); and
                        (B) which are in effect at the time this section
                    takes effect, or were final before the effective date of
                    this section and are to become effective on or after the
                    effective date of this section,
            shall continue in effect according to their terms until
            modified, terminated, superseded, set aside, or revoked in
            accordance with law by the President, the Administrator of the
            Administration for Community Living or other authorized
            official, a court of competent jurisdiction, or by operation of
            law.
                (2) Proceedings not affected.--The provisions of this
            section shall not affect any proceedings, including notices of
            proposed rulemaking, or any application for any license, permit,

    [[Page 128 STAT. 1697]]

            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,

    [[Page 128 STAT. 1698]]

    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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  In general.--
                    Subsections (d) through (l) shall apply to transfers
                    described in paragraph (2).
                        (B) <<NOTE: Applicability.>>  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

    [[Page 128 STAT. 1699]]

                          Services Administration,'' and inserting ``the
                          Administrator of the Administration for Community
                          Living'';
                              (ii) <<NOTE: Consultation.>>  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.

    [[Page 128 STAT. 1700]]

    ``Sec. 607. Restriction.
    ``Sec. 608. Savings provision.
    ``Sec. 609. Advisory Committee on Increasing Competitive Integrated
               Employment for Individuals with Disabilities.
    ``Sec. 610. Authorization of appropriations.''; and

                (8) in the items relating to title VII--
                        (A)(i) by inserting after the item relating to
                    section 701 the following:

    ``Sec. 701A. Administration of the independent living program.'';

                    and
                        (ii) by striking the item relating to section 706
                    and inserting the following:

    ``Sec. 706. Responsibilities of the Administrator.'';

                        (B) by inserting after the item relating to section
                    711 the following:

    ``Sec. 711A. Training and technical assistance.'';

                    and
                        (C) by inserting after the item relating to section
                    751 the following:

    ``Sec. 751A. Training and technical assistance.''.

                           TITLE V--GENERAL PROVISIONS

                        Subtitle A--Workforce Investment

    SEC. 501. <<NOTE: 29 USC 3341.>>  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. <<NOTE: 29 USC 3342.>>  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

    [[Page 128 STAT. 1701]]

            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. <<NOTE: 29 USC 3343.>>  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

    [[Page 128 STAT. 1702]]

    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. <<NOTE: Procedures. Criteria. 29 USC 3344.>>  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;

    [[Page 128 STAT. 1703]]

                        (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. <<NOTE: 29 USC 3101 note.>>  EFFECTIVE DATES.

        (a) In General.--Except as otherwise provided in this Act, this Act,
    including the amendments made by this Act, shall take

    [[Page 128 STAT. 1704]]

    effect on the first day of the first full program year after the date of
    enactment of this Act.
        (b) Application Date for Workforce Development Performance
    Accountability System.--
                (1) In general.--Section 136 of the Workforce Investment Act
            of 1998 (29 U.S.C. 2871), as in effect on the day before the
            date of enactment of this Act, shall apply in lieu of section
            116 of this Act, for the first full program year after the date
            of enactment of this Act.
                (2) Special provisions.--For purposes of the application
            described in paragraph (1)--
                        (A) except as otherwise specified, a reference in
                    section 136 of the Workforce Investment Act of 1998 to a
                    provision in such Act (29 U.S.C. 2801 et seq.), other
                    than to a provision in such section or section 112 of
                    such Act, shall be deemed to refer to the corresponding
                    provision of this Act;
                        (B) the terms ``local area'', ``local board'',
                    ``one-stop partner'', and ``State board'' have the
                    meanings given the terms in section 3 of this Act;
                        (C) except as provided in subparagraph (B), terms
                    used in such section 136 shall have the meanings given
                    the terms in section 101 of the Workforce Investment Act
                    of 1998 (29 U.S.C. 2801);
                        (D) any agreement negotiated and reached under
                    section 136(c)(2) of the Workforce Investment Act of
                    1998 (29 U.S.C. 2871(c)(2)) shall remain in effect,
                    until a new agreement is so negotiated and reached, for
                    that first full program year;
                        (E) if a State or local area fails to meet levels of
                    performance under subsection (g) or (h), respectively,
                    of section 136 of the Workforce Investment Act of 1998
                    during that first full program year, the sanctions
                    provided under such subsection shall apply during the
                    second full program year after the date of enactment of
                    this Act; and
                        (F) the Secretary shall use an amount retained, as a
                    result of a reduction in an allotment to a State made
                    under section 136(g)(1)(B) of such Act (29 U.S.C.
                    2871(g)(1)(B)), to provide technical assistance as
                    described in subsections (f)(1) and (g)(1) of section
                    116 of this Act, in lieu of incentive grants under
                    section 503 of the Workforce Investment Act of 1998 (20
                    U.S.C. 9273) as provided in section 136(g)(2) of such
                    Act (29 U.S.C. 2871(g)(2)).

        (c) Application Date for State and Local Plan Provisions.--
                (1) Implementation.--Sections 112 and 118 of the Workforce
            Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect on
            the day before the date of enactment of this Act, shall apply to
            implementation of State and local plans, in lieu of sections 102
            and 103, and section 108, respectively, of this Act, for the
            first full program year after the date of enactment of this Act.
                (2) Special provisions.--For purposes of the application
            described in paragraph (1)--
                        (A) except as otherwise specified, a reference in
                    section 112 or 118 of the Workforce Investment Act of
                    1998 to

    [[Page 128 STAT. 1705]]

                    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

    [[Page 128 STAT. 1706]]

                    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--

    [[Page 128 STAT. 1707]]

                        (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 128 STAT. 1708]]

        (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

    [[Page 128 STAT. 1709]]

            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''.

    [[Page 128 STAT. 1710]]

        (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''

    [[Page 128 STAT. 1711]]

                    and inserting ``for changes to this Act and related
                    Acts, such as the Carl D. Perkins Career and Technical
                    Education Act of 2006 and the Workforce Innovation and
                    Opportunity Act (including titles I and II), to help
                    create and sustain business and industry workforce
                    partnerships at institutions of higher education''; and
                        (B) in subsection (j)(1)--
                              (i) in subparagraph (A)(ii), by striking
                          ``local board (as such term is defined in section
                          101 of the Workforce Investment Act of 1998 (29
                          U.S.C. 2801))'' and inserting ``local board (as
                          such term is defined in section 3 of the Workforce
                          Innovation and Opportunity Act)''; and
                              (ii) in subparagraph (B), by striking ``a
                          State board (as such term is defined in section
                          101 of the Workforce Investment Act of 1998 (29
                          U.S.C. 2801))'' and inserting ``a State board (as
                          such term is defined in section 3 of the Workforce
                          Innovation and Opportunity Act)''.
                (6) Section 861(c)(1)(B) of such Act (20 U.S.C.
            1161q(c)(1)(B)) is amended by striking ``local boards (as such
            term is defined in section 101 of the Workforce Investment Act
            of 1998 (29 U.S.C. 2801))'' and inserting ``local boards (as
            such term is defined in section 3 of the Workforce Innovation
            and Opportunity Act)''.
                (7) Section 872(b)(2)(E) of such Act (20 U.S.C.
            1161s(b)(2)(E)) is amended by striking ``local boards (as
            defined in section 101 of the Workforce Investment Act of 1998
            (29 U.S.C. 2801))'' and inserting ``local boards (as defined in
            section 3 of the Workforce Innovation and Opportunity Act)''.

        (o) Housing Act of 1949.--Section 504(c)(3) of the Housing Act of
    1949 (42 U.S.C. 1474(c)(3)) is amended by striking ``an insufficient
    number of volunteers and training participants and public service
    employment workers, assisted pursuant to title I of the Workforce
    Investment Act of 1998 or the Older American Community Service
    Employment Act,'' and inserting ``an insufficient number of volunteers
    and training participants and public service employment workers,
    assisted pursuant to title I of the Workforce Innovation and Opportunity
    Act or the Community Service Senior Opportunities Act,''.
        (p) Housing and Urban Development Act of 1968.--Section 3 of the
    Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended--
                (1) in subsection (c)--
                        (A) in paragraph (1)(B)(iii), by striking
                    ``participants in YouthBuild programs receiving
                    assistance under section 173A of the Workforce
                    Investment Act of 1998'' and inserting ``participants in
                    YouthBuild programs receiving assistance under section
                    171 of the Workforce Innovation and Opportunity Act'';
                    and
                        (B) in paragraph (2)(B), by striking ``participants
                    in YouthBuild programs receiving assistance under
                    section 173A of the Workforce Investment Act of 1998''
                    and inserting ``participants in YouthBuild programs
                    receiving assistance under section 171 of the Workforce
                    Innovation and Opportunity Act''; and
                (2) in subsection (d)--
                        (A) in paragraph (1)(B)(iii), by striking ``To
                    YouthBuild programs receiving assistance under section
                    173A of the

    [[Page 128 STAT. 1712]]

                    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 <<NOTE: 26 USC 7527.>>  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

    [[Page 128 STAT. 1713]]

            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

    [[Page 128 STAT. 1714]]

                                            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''

    [[Page 128 STAT. 1715]]

                                            and inserting ``workforce
                                            innovation and opportunity
                                            act''; and
                                                (bb) by striking ``An
                                            assessment and service strategy
                                            or individual employment plan
                                            prepared under subtitle B of
                                            title I of the Workforce
                                            Investment Act of 1998 (29
                                            U.S.C. 2811 et seq.)'' and
                                            inserting ``An assessment and
                                            service strategy or individual
                                            employment plan prepared under
                                            subtitle B of title I of the
                                            Workforce Innovation and
                                            Opportunity Act''; and
                        (B) in subsection (e)(2)(B)(ii), by striking ``one-
                    stop delivery systems established under title I of the
                    Workforce Investment Act of 1998 (29 U.S.C. 2801 et
                    seq.)'' and inserting ``one-stop delivery systems
                    established under section 121(e) of the Workforce
                    Innovation and Opportunity Act''.
                (4) Section 503 of such Act (42 U.S.C. 3056a) is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (2)(A), by striking ``the
                          State and local workforce investment boards
                          established under title I of the Workforce
                          Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
                          and inserting ``the State and local workforce
                          development boards established under title I of
                          the Workforce Innovation and Opportunity Act'';
                          and
                              (ii) in paragraph (4)(F), by striking ``plans
                          for facilitating the coordination of activities of
                          grantees in the State under this title with
                          activities carried out in the State under title I
                          of the Workforce Investment Act of 1998 (29 U.S.C.
                          2801 et seq.)'' and inserting ``plans for
                          facilitating the coordination of activities of
                          grantees in the State under this title with
                          activities carried out in the State under title I
                          of the Workforce Innovation and Opportunity Act'';
                          and
                        (B) in subsection (b)(2)(A), by striking ``with the
                    program carried out under the Workforce Investment Act
                    of 1998 (29 U.S.C. 2801 et seq.)'' and inserting ``with
                    the program carried out under the Workforce Innovation
                    and Opportunity Act''.
                (5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act is
            amended by striking ``activities carried out under other Acts,
            especially activities provided under the Workforce Investment
            Act of 1998 (29 U.S.C. 2801 et seq.), including activities
            provided through one-stop delivery systems established under
            section 134(c)) of such Act (29 U.S.C. 2864(c)),'' and inserting
            ``activities carried out under other Acts, especially activities
            provided under the Workforce Innovation and Opportunity Act,
            including activities provided through one-stop delivery systems
            established under section 121(e) of such Act,''.
                (6) Section 510 of such Act (42 U.S.C. 3056h) is amended--
                        (A) by striking ``by local workforce investment
                    boards and one-stop operators established under title I
                    of the Workforce Investment Act of 1998 (29 U.S.C. 2801
                    et seq.)'' and inserting ``by local workforce
                    development boards and one-stop operators established
                    under title I of the Workforce Innovation and
                    Opportunity Act''; and

    [[Page 128 STAT. 1716]]

                        (B) by striking ``such title I'' and inserting
                    ``such title''.
                (7) Section 511 of such Act (42 U.S.C. 3056i) is amended--
                        (A) in subsection (a), by striking ``Grantees under
                    this title shall be one-stop partners as described in
                    subparagraphs (A) and (B)(vi) of section 121(b)(1) of
                    the Workforce Investment Act of 1998 (29 U.S.C.
                    2841(b)(1)) in the one-stop delivery system established
                    under section 134(c) of such Act (29 U.S.C. 2864(c)) for
                    the appropriate local workforce investment areas'' and
                    inserting ``Grantees under this title shall be one-stop
                    partners as described in subparagraphs (A) and (B)(v) of
                    section 121(b)(1) of the Workforce Innovation and
                    Opportunity Act in the one-stop delivery system
                    established under section 121(e) of such Act for the
                    appropriate local workforce development areas''; and
                        (B) in subsection (b)(2), by striking ``be
                    signatories of the memorandum of understanding
                    established under section 121(c) of the Workforce
                    Investment Act of 1998 (29 U.S.C. 2841(c))'' and
                    inserting ``be signatories of the memorandum of
                    understanding established under section 121(c) of the
                    Workforce Innovation and Opportunity Act''.
                (8) Section 518(b)(2)(F) of such Act (42 U.S.C.
            3056p(b)(2)(F)) is amended by striking ``has failed to find
            employment after utilizing services provided under title I of
            the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
            and inserting ``has failed to find employment after utilizing
            services provided under title I of the Workforce Innovation and
            Opportunity Act''.

        (x) Personal Responsibility and Work Opportunity Reconciliation Act
    of 1996.--Section 403(c)(2)(K) of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is
    amended by striking ``Benefits under the title I of the Workforce
    Investment Act of 1998'' and inserting ``Benefits under title I of the
    Workforce Innovation and Opportunity Act''.
        (y) Patient Protection and Affordable Care Act.--Section
    5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42
    U.S.C. 294q(d)(3)(D)) is amended by striking ``other health care
    workforce programs, including those supported through the Workforce
    Investment Act of 1998 (29 U.S.C. 2801 et seq.),'' and inserting ``other
    health care workforce programs, including those supported through the
    Workforce Innovation and Opportunity Act,''.
        (z) Public Health Service Act.--The Public Health Service Act (42
    U.S.C. 201 et seq.) is amended as follows:
                (1) Section 399V(e) of such Act (42 U.S.C. 280g-11(e)) is
            amended by striking ``one-stop delivery systems under section
            134(c) of the Workforce Investment Act of 1998'' and inserting
            ``one-stop delivery systems under section 121(e) of the
            Workforce Innovation and Opportunity Act''.
                (2) Section 751(c)(1)(A) of such Act (42 U.S.C.
            294a(c)(1)(A)) is amended by striking ``the applicable one-stop
            delivery system under section 134(c) of the Workforce Investment
            Act of 1998,'' and inserting ``the applicable one-stop delivery
            system under section 121(e) of the Workforce Innovation and
            Opportunity Act,''.
                (3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is
            amended by striking ``one-stop delivery system described in
            section 134(c) of the Workforce Investment Act of 1998 (29

    [[Page 128 STAT. 1717]]

            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

    [[Page 128 STAT. 1718]]

                    (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

    [[Page 128 STAT. 1719]]

            Partnership Act or title I of the Workforce Investment Act of
            1998,'' and inserting ``Whoever willfully obstructs or impedes
            or willfully endeavors to obstruct or impede, an investigation
            or inquiry under title I of the Workforce Innovation and
            Opportunity Act or title I of the Workforce Investment Act of
            1998,''.

        (ff) Title 31 of the United States Code.--Section 6703(a)(4) of
    title 31 of the United States Code is amended by striking ``Programs
    under title I of the Workforce Investment Act of 1998.'' and inserting
    ``Programs under title I of the Workforce Innovation and Opportunity
    Act.''.
        (gg) Title 38 of the United States Code.--Title 38 of the United
    States Code is amended as follows:
                (1) Section 4101(9) of title 38 of the United States Code is
            amended by striking ``The term `intensive services' means local
            employment and training services of the type described in
            section 134(d)(3) of the Workforce Investment Act of 1998'' and
            inserting ``The term `career services' means local employment
            and training services of the type described in section 134(c)(2)
            of the Workforce Innovation and Opportunity Act''.
                (2) Section 4102A of title 38 of the United States Code is
            amended--
                        (A) in subsection (d), by striking ``participation
                    of qualified veterans and eligible persons in employment
                    and training opportunities under title I of the
                    Workforce Investment Act of 1998'' and inserting
                    ``participation of qualified veterans and eligible
                    persons in employment and training opportunities under
                    title I of the Workforce Innovation and Opportunity
                    Act''; and
                        (B) in subsection (f)(2)(A), by striking ``be
                    consistent with State performance measures applicable
                    under section 136(b) of the Workforce Investment Act of
                    1998'' and inserting ``be consistent with State
                    performance accountability measures applicable under
                    section 116(b) of the Workforce Innovation and
                    Opportunity Act''.
                (3) Section 4104A of title 38 of the United States Code is
            amended--
                        (A) in subsection (b)(1)(B), by striking ``the
                    appropriate State boards and local boards (as such terms
                    are defined in section 101 of the Workforce Investment
                    Act of 1998 (29 U.S.C. 2801))'' and inserting ``the
                    appropriate State boards and local boards (as such terms
                    are defined in section 3 of the Workforce Innovation and
                    Opportunity Act)''; and
                        (B) in subsection (c)(1)(A), by striking ``the
                    appropriate State boards and local boards (as such terms
                    are defined in section 101 of the Workforce Investment
                    Act of 1998 (29 U.S.C. 2801))'' and inserting ``the
                    appropriate State boards and local boards (as such terms
                    are defined in section 3 of the Workforce Innovation and
                    Opportunity Act)''.
                (4) Section 4110B of title 38 of the United States Code is
            amended by striking ``enter into an agreement with the Secretary
            regarding the implementation of the Workforce Investment Act of
            1998 that includes the description and information described in
            paragraphs (8) and (14) of section 112(b) of the Workforce
            Investment Act of 1998 (29 U.S.C.

    [[Page 128 STAT. 1720]]

            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.''.

    [[Page 128 STAT. 1721]]

                (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''.

    [[Page 128 STAT. 1722]]

        (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. <<NOTE: 29 USC 3361.>>  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.

        Approved July 22, 2014.

    LEGISLATIVE HISTORY--H.R. 803:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-14, Pt. 1 (Comm. on Education and the Workforce).
    CONGRESSIONAL RECORD:
                                                            Vol. 159 (2013):
                                        Mar. 15, considered and passed
                                            House.
                                                            Vol. 160 (2014):
                                        June 25, considered and passed
                                            Senate, amended.
                                        July 9, House concurred in Senate
                                            amendments.

                                      <all>