    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

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

    (a) <>  Short Title.--This Act may be cited
    as the ``Workforce Innovation and Opportunity Act''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Purposes.
    Sec. 3. Definitions.

    TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES

    Subtitle A--System Alignment

    Chapter 1--State Provisions

    Sec. 101. State workforce development boards.
    Sec. 102. Unified State plan.
    Sec. 103. Combined State plan.

    Chapter 2--Local Provisions

    Sec. 106. Workforce development areas.
    Sec. 107. Local workforce development boards.
    Sec. 108. Local plan.

    Chapter 3--Board Provisions

    Sec. 111. Funding of State and local boards.

    Chapter 4--Performance Accountability

    Sec. 116. Performance accountability system.

    Subtitle B--Workforce Investment Activities and Providers

    Chapter 1--Workforce Investment Activities and Providers

    Sec. 121. Establishment of one-stop delivery systems.
    Sec. 122. Identification of eligible providers of training services.
    Sec. 123. Eligible providers of youth workforce investment activities.

    Chapter 2--Youth Workforce Investment Activities

    Sec. 126. General authorization.
    Sec. 127. State allotments.
    Sec. 128. Within State allocations.
    Sec. 129. Use of funds for youth workforce investment activities.

    Chapter 3--Adult and Dislocated Worker Employment and Training
    Activities

    Sec. 131. General authorization.

    [[Page 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 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 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. <>  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 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. <>  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 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 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 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 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 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 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 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 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 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 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 1440]]

    TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES

    Subtitle A--System Alignment

    CHAPTER 1--STATE PROVISIONS

    SEC. 101. <>  STATE WORKFORCE DEVELOPMENT
    BOARDS.

    (a) In General.--The Governor of a State shall establish a State
    workforce development board to carry out the functions described in
    subsection (d).
    (b) Membership.--
    (1) In general.--The State board shall include--
    (A) the Governor;
    (B) a member of each chamber of the State
    legislature (to the extent consistent with State law),
    appointed by the appropriate presiding officers of such
    chamber; and
    (C) members appointed by the Governor, of which--
    (i) a majority shall be representatives of
    businesses in the State, who--
    (I) are owners of businesses, chief
    executives or operating officers of
    businesses, or other business executives
    or employers with optimum policymaking
    or hiring authority, and who, in
    addition, may be members of a local
    board described in section
    107(b)(2)(A)(i);
    (II) represent businesses (including
    small businesses), or organizations
    representing businesses described in
    this subclause, that provide employment
    opportunities that, at a minimum,
    include high-quality, work-relevant
    training and development in in-demand
    industry sectors or occupations in the
    State; and
    (III) are appointed from among
    individuals nominated by State business
    organizations and business trade
    associations;
    (ii) not less than 20 percent shall be
    representatives of the workforce within the State,
    who--
    (I) shall include representatives of
    labor organizations, who have been
    nominated by State labor federations;
    (II) shall include a representative,
    who shall be a member of a labor
    organization or a training director,
    from a joint labor-management
    apprenticeship program, or if no such
    joint program exists in the State, such
    a representative of an apprenticeship
    program in the State;
    (III) may include representatives of
    community-based organizations that have
    demonstrated experience and expertise in
    addressing the employment, training, or
    education needs of individuals with
    barriers to employment, including
    organizations that serve veterans or
    that provide or support competitive,
    integrated employment for individuals
    with disabilities; and

    [[Page 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 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 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 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) <>  Sunshine Provision.--The
    State board shall make available to the public, on a regular basis
    through electronic means and open meetings, information regarding the
    activities of the State board, including information regarding the State
    plan, or a modification to the State plan, prior to submission of the
    plan or modification of the plan, respectively, information regarding
    membership, and, on request, minutes of formal meetings of the State
    board.

    (h) Authority To Hire Staff.--
    (1) In general.--The State board may hire a director and
    other staff to assist in carrying out the functions described in
    subsection (d) using funds available as described in section
    129(b)(3) or 134(a)(3)(B)(i).
    (2) <>  Qualifications.--The State
    board shall establish and apply a set of objective
    qualifications for the position of director, that ensures that
    the individual selected has the requisite knowledge, skills, and
    abilities, to meet identified benchmarks and to assist in
    effectively carrying out the functions of the State board.
    (3) Limitation on rate.--The director and staff described in
    paragraph (1) shall be subject to the limitations on the payment
    of salary and bonuses described in section 194(15).
    SEC. 102. <>  UNIFIED STATE PLAN.

    (a) Plan.--For a State to be eligible to receive allotments for the
    core programs, the Governor shall submit to the Secretary of Labor for
    the approval process described under subsection (c)(2), a unified State
    plan. The unified State plan shall outline a 4-year strategy for the
    core programs of the State and meet the requirements of this section.
    (b) Contents.--
    (1) Strategic planning elements.--The unified State plan
    shall include strategic planning elements consisting of a
    strategic vision and goals for preparing an educated and skilled
    workforce, that include--
    (A) an analysis of the economic conditions in the
    State, including--

    [[Page 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 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 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 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 1449]]

    and that the unified State plan is available and
    accessible to the general public;
    (iv) <>  that the State has
    established, in accordance with section 116(i),
    fiscal control and fund accounting procedures that
    may be necessary to ensure the proper disbursement
    of, and accounting for, funds paid to the State
    through allotments made for adult, dislocated
    worker, and youth programs to carry out workforce
    investment activities under chapters 2 and 3 of
    subtitle B;
    (v) that the State has taken appropriate
    action to secure compliance with uniform
    administrative requirements in this Act, including
    that the State will annually monitor local areas
    to ensure compliance and otherwise take
    appropriate action to secure compliance with the
    uniform administrative requirements under section
    184(a)(3);
    (vi) that the State has taken the appropriate
    action to be in compliance with section 188, if
    applicable;
    (vii) that the Federal funds received to carry
    out a core program will not be expended for any
    purpose other than for activities authorized with
    respect to such funds under that core program;
    (viii) that the eligible agency under title II
    will--
    (I) expend the funds appropriated to
    carry out that title only in a manner
    consistent with fiscal requirements
    under section 241(a) (regarding
    supplement and not supplant provisions);
    and
    (II) ensure that there is at least 1
    eligible provider serving each local
    area;
    (ix) that the State will pay an appropriate
    share (as defined by the State board) of the costs
    of carrying out section 116, from funds made
    available through each of the core programs; and
    (x) regarding such other matters as the
    Secretary of Labor or the Secretary of Education,
    as appropriate, determines to be necessary for the
    administration of the core programs.
    (3) Existing analysis.--As appropriate, a State may use an
    existing analysis in order to carry out the requirements of
    paragraph (1) concerning an analysis.

    (c) Plan Submission and Approval.--
    (1) <>  Submission.--
    (A) Initial plan.--The initial unified State plan
    under this section (after the date of enactment of the
    Workforce Innovation and Opportunity Act) shall be
    submitted to the Secretary of Labor not later than 120
    days prior to the commencement of the second full
    program year after the date of enactment of this Act.
    (B) <>  Subsequent plans.--
    Except as provided in subparagraph (A), a unified State
    plan shall be submitted to the Secretary of Labor not
    later than 120 days prior to the end of the 4-year
    period covered by the preceding unified State plan.
    (2) Submission and approval.--
    (A) Submission.--In approving a unified State plan
    under this section, the Secretary shall submit the
    portion

    [[Page 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). <>  The plan shall be considered
    to be approved at the end of the 90-day period beginning
    on the day the plan is submitted, unless the Secretary
    of Labor or the Secretary of Education makes a written
    determination, during the 90-day period, that the plan
    is inconsistent with the provisions of this section or
    the provisions authorizing the core programs, as
    appropriate.
    (3) Modifications.--
    (A) <>  Modifications.--
    At the end of the first 2-year period of any 4-year
    unified State plan, the State board shall review the
    unified State plan, and the Governor shall submit
    modifications to the plan to reflect changes in labor
    market and economic conditions or in other factors
    affecting the implementation of the unified State plan.
    (B) Approval.--A modified unified State plan
    submitted for the review required under subparagraph (A)
    shall be subject to the approval requirements described
    in paragraph (2). A Governor may submit a modified
    unified State plan at such other times as the Governor
    determines to be appropriate, and such modified unified
    State plan shall also be subject to the approval
    requirements described in paragraph (2).
    (4) <>  Early implementers.--The
    Secretary of Labor, in conjunction with the Secretary of
    Education, shall establish a process for approving and may
    approve unified State plans that meet the requirements of this
    section and are submitted to cover periods commencing prior to
    the second full program year described in paragraph (1)(A).
    SEC. 103. <>  COMBINED STATE PLAN.

    (a) In General.--
    (1) Authority to submit plan.--A State may develop and
    submit to the appropriate Secretaries a combined State plan for
    the core programs and 1 or more of the programs and activities
    described in paragraph (2) in lieu of submitting 2 or more
    plans, for the programs and activities and the core programs.
    (2) Programs.--The programs and activities referred to in
    paragraph (1) are as follows:
    (A) Career and technical education programs
    authorized under the Carl D. Perkins Career and
    Technical Education Act of 2006 (20 U.S.C. 2301 et
    seq.).
    (B) Programs authorized under part A of title IV of
    the Social Security Act (42 U.S.C. 601 et seq.).
    (C) Programs authorized under section 6(d)(4) of the
    Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
    (D) Work programs authorized under section 6(o) of
    the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)).

    [[Page 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). <>
    On the approval of the appropriate Secretary, that portion of
    the combined plan, covering a program or activity, shall be
    implemented by the State pursuant to that portion of the
    combined plan, and the Federal law authorizing the program or
    activity.
    (2) Approval of core programs.--No portion of the plan
    relating to a core program shall be implemented until the
    appropriate Secretary approves the corresponding portions of the
    plan for all core programs.
    (3) <>  Timing of approval.--
    (A) In general.--Except as provided in subparagraphs
    (B) and (C), a portion of the combined State plan
    covering the core programs or a program or activity
    described in subsection (a)(2) shall be considered to be
    approved by

    [[Page 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) <>  Special rule.--In paragraph (3),
    the term ``criteria for approval of a plan or application'',
    with respect to a State and a core program or a program under
    the Carl D. Perkins Career and Technical Education Act of 2006
    (20 U.S.C. 2301 et seq.), includes a requirement for agreement
    between the State and the appropriate Secretaries regarding
    State performance measures or State performance accountability
    measures, as the case may be, including levels of performance.

    (d) <>  Appropriate Secretary.--In this section,
    the term ``appropriate Secretary'' means--
    (1) with respect to the portion of a combined plan relating
    to any of the core programs (including a description, and an
    assurance concerning that program, specified in subsection
    (b)(3)), the Secretary of Labor and the Secretary of Education;
    and
    (2) with respect to the portion of a combined plan relating
    to a program or activity described in subsection (a)(2)
    (including a description, and an assurance concerning that
    program or activity, specified in subsection (b)(3)), the head
    of the Federal agency who exercises plan or application approval
    authority for the program or activity under the Federal law
    authorizing the program or activity, or, if there are no
    planning or application requirements for such program or
    activity, exercises administrative authority over the program or
    activity under that Federal law.

    CHAPTER 2--LOCAL PROVISIONS

    SEC. 106. <>  WORKFORCE DEVELOPMENT AREAS.

    (a) Regions.--
    (1) <>  Identification.--Before the
    second full program year after the date of enactment of this
    Act, in order for a State to receive an allotment under section
    127(b) or 132(b) and as part of the process for developing the
    State plan, a State shall identify regions in the State after
    consultation with the local boards and chief elected officials
    in the local areas and consistent with the considerations
    described in subsection (b)(1)(B).

    [[Page 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) <>  Process.--Except as
    provided in subsection (d), and consistent with
    paragraphs (2) and (3), in order for a State to receive
    an allotment under section 127(b) or 132(b), the
    Governor of the State shall designate local workforce
    development areas within the State--
    (i) through consultation with the State board;
    and
    (ii) after consultation with chief elected
    officials and local boards, and after
    consideration of comments received through the
    public comment process as described in section
    102(b)(2)(E)(iii)(II).
    (B) Considerations.--The Governor shall designate
    local areas (except for those local areas described in
    paragraphs (2) and (3)) based on considerations
    consisting of the extent to which the areas--
    (i) are consistent with labor market areas in
    the State;
    (ii) are consistent with regional economic
    development areas in the State; and
    (iii) have available the Federal and non-
    Federal resources necessary to effectively
    administer activities under subtitle B and other
    applicable provisions of this Act, including
    whether the areas have the appropriate education
    and training providers, such as institutions of
    higher education and area career and technical
    education schools.
    (2) <>  Initial designation.--During
    the first 2 full program years following the date of enactment
    of this Act, the Governor shall approve a request for initial
    designation as a local area from any area that was designated as
    a local area for purposes of the Workforce Investment Act of
    1998 for the 2-year period preceding the date of enactment of
    this Act, performed successfully, and sustained fiscal
    integrity.
    (3) Subsequent designation.--After the period for which a
    local area is initially designated under paragraph (2), the
    Governor shall approve a request for subsequent designation as a
    local area from such local area, if such area--
    (A) performed successfully;
    (B) sustained fiscal integrity; and
    (C) in the case of a local area in a planning
    region, met the requirements described in subsection
    (c)(1).
    (4) <>  Designation on recommendation
    of state board.--The Governor may approve a request from any
    unit of general

    [[Page 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) <>  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 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 1456]]

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

    (a) <>  Establishment.--Except as provided in
    subsection (c)(2)(A), there shall be established, and certified by the
    Governor of the State, a local workforce development board in each local
    area of a State to carry out the functions described in subsection (d)
    (and any functions specified for the local board under this Act or the
    provisions establishing a core program) for such area.

    (b) Membership.--
    (1) State criteria.--The Governor, in partnership with the
    State board, shall establish criteria for use by chief elected
    officials in the local areas for appointment of members of the
    local boards in such local areas in accordance with the
    requirements of paragraph (2).
    (2) Composition.--Such criteria shall require that, at a
    minimum--
    (A) a majority of the members of each local board
    shall be representatives of business in the local area,
    who--
    (i) are owners of businesses, chief executives
    or operating officers of businesses, or other
    business executives or employers with optimum
    policymaking or hiring authority;
    (ii) represent businesses, including small
    businesses, or organizations representing
    businesses described in this clause, that provide
    employment opportunities that, at a minimum,
    include high-quality, work-relevant training and
    development in in-demand industry sectors or
    occupations in the local area; and
    (iii) are appointed from among individuals
    nominated by local business organizations and
    business trade associations;
    (B) not less than 20 percent of the members of each
    local board shall be representatives of the workforce
    within the local area, who--
    (i) shall include representatives of labor
    organizations (for a local area in which employees
    are represented by labor organizations), who have
    been nominated by local labor federations, or (for
    a local area in which no employees are represented
    by such organizations) other representatives of
    employees;
    (ii) shall include a representative, who shall
    be a member of a labor organization or a training
    director, from a joint labor-management
    apprenticeship program, or if no such joint
    program exists in the area, such a representative
    of an apprenticeship program in the area, if such
    a program exists;
    (iii) may include representatives of
    community-based organizations that have
    demonstrated experience and expertise in
    addressing the employment needs of individuals
    with barriers to employment, including
    organizations that serve veterans or that provide
    or support competitive integrated employment for
    individuals with disabilities; and
    (iv) may include representatives of
    organizations that have demonstrated experience
    and expertise in

    [[Page 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 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 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) <>  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 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 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 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) <>  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 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) <>
    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 1464]]

    efforts with employers, and other efforts at
    cooperation, collaboration, and coordination.
    (C) <>  Cooperative agreement.--
    In this paragraph, the term ``cooperative agreement''
    means an agreement entered into by a State designated
    agency or State designated unit under subparagraph (A)
    of section 101(a)(11) of the Rehabilitation Act of 1973.
    (12) Budget and administration.--
    (A) Budget.--The local board shall develop a budget
    for the activities of the local board in the local area,
    consistent with the local plan and the duties of the
    local board under this section, subject to the approval
    of the chief elected official.
    (B) Administration.--
    (i) Grant recipient.--
    (I) In general.--The chief elected
    official in a local area shall serve as
    the local grant recipient for, and shall
    be liable for any misuse of, the grant
    funds allocated to the local area under
    sections 128 and 133, unless the chief
    elected official reaches an agreement
    with the Governor for the Governor to
    act as the local grant recipient and
    bear such liability.
    (II) Designation.--In order to
    assist in administration of the grant
    funds, the chief elected official or the
    Governor, where the Governor serves as
    the local grant recipient for a local
    area, may designate an entity to serve
    as a local grant subrecipient for such
    funds or as a local fiscal agent. Such
    designation shall not relieve the chief
    elected official or the Governor of the
    liability for any misuse of grant funds
    as described in subclause (I).
    (III) Disbursal.--The local grant
    recipient or an entity designated under
    subclause (II) shall disburse the grant
    funds for workforce investment
    activities at the direction of the local
    board, pursuant to the requirements of
    this title. The local grant recipient or
    entity designated under subclause (II)
    shall disburse the funds immediately on
    receiving such direction from the local
    board.
    (ii) Grants and donations.--The local board
    may solicit and accept grants and donations from
    sources other than Federal funds made available
    under this Act.
    (iii) Tax-exempt status.--For purposes of
    carrying out duties under this Act, local boards
    may incorporate, and may operate as entities
    described in section 501(c)(3) of the Internal
    Revenue Code of 1986 that are exempt from taxation
    under section 501(a) of such Code.
    (13) Accessibility for individuals with disabilities.--The
    local board shall annually assess the physical and programmatic
    accessibility, in accordance with section 188, if applicable,
    and applicable provisions of the Americans with Disabilities Act
    of 1990 (42 U.S.C. 12101 et seq.), of all one-stop centers in
    the local area.

    [[Page 1465]]

    (e) <>  Sunshine Provision.--The local
    board shall make available to the public, on a regular basis through
    electronic means and open meetings, information regarding the activities
    of the local board, including information regarding the local plan prior
    to submission of the plan, and regarding membership, the designation and
    certification of one-stop operators, and the award of grants or
    contracts to eligible providers of youth workforce investment
    activities, and on request, minutes of formal meetings of the local
    board.

    (f) Staff.--
    (1) In general.--The local board may hire a director and
    other staff to assist in carrying out the functions described in
    subsection (d) using funds available under sections 128(b) and
    133(b) as described in section 128(b)(4).
    (2) Qualifications.--The local board shall establish and
    apply a set of objective qualifications for the position of
    director, that ensures that the individual selected has the
    requisite knowledge, skills, and abilities, to meet identified
    benchmarks and to assist in effectively carrying out the
    functions of the local board.
    (3) Limitation on rate.--The director and staff described in
    paragraph (1) shall be subject to the limitations on the payment
    of salaries and bonuses described in section 194(15).

    (g) Limitations.--
    (1) Training services.--
    (A) In general.--Except as provided in subparagraph
    (B), no local board may provide training services.
    (B) Waivers of training prohibition.--The Governor
    of the State in which a local board is located may,
    pursuant to a request from the local board, grant a
    written waiver of the prohibition set forth in
    subparagraph (A) (relating to the provision of training
    services) for a program of training services, if the
    local board--
    (i) submits to the Governor a proposed request
    for the waiver that includes--
    (I) satisfactory evidence that there
    is an insufficient number of eligible
    providers of such a program of training
    services to meet local demand in the
    local area;
    (II) information demonstrating that
    the board meets the requirements for an
    eligible provider of training services
    under section 122; and
    (III) information demonstrating that
    the program of training services
    prepares participants for an in-demand
    industry sector or occupation in the
    local area;
    (ii) <>  makes the proposed request available to
    eligible providers of training services and other
    interested members of the public for a public
    comment period of not less than 30 days; and
    (iii) includes, in the final request for the
    waiver, the evidence and information described in
    clause (i) and the comments received pursuant to
    clause (ii).
    (C) <>
    Duration.--A waiver granted to a local board under
    subparagraph (B) shall apply for a period that shall not
    exceed the duration of the local plan. The waiver may be
    renewed for additional periods under subsequent local

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

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

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

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

    [[Page 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. <>  If the local area is part of a planning
    region, the local board shall comply with section 106(c) in the
    preparation and submission of a regional plan. <>  At the end of the first 2-year period of the 4-year
    local plan, each local board shall review the local plan and the local
    board, in partnership with the chief elected official, shall prepare and
    submit modifications to the local plan to reflect changes in labor
    market and economic conditions or in other factors affecting the
    implementation of the local plan.

    (b) Contents.--The local plan shall include--
    (1) a description of the strategic planning elements
    consisting of--
    (A) an analysis of the regional economic conditions
    including--
    (i) existing and emerging in-demand industry
    sectors and occupations; and
    (ii) the employment needs of employers in
    those industry sectors and occupations;
    (B) an analysis of the knowledge and skills needed
    to meet the employment needs of the employers in the
    region, including employment needs in in-demand industry
    sectors and occupations;
    (C) an analysis of the workforce in the region,
    including current labor force employment (and
    unemployment) data, and information on labor market
    trends, and the educational and skill levels of the
    workforce in the region, including individuals with
    barriers to employment;
    (D) an analysis of the workforce development
    activities (including education and training) in the
    region, including an analysis of the strengths and
    weaknesses of such services, and the capacity to provide
    such services, to address the identified education and
    skill needs of the workforce and the employment needs of
    employers in the region;
    (E) a description of the local board's strategic
    vision and goals for preparing an educated and skilled
    workforce (including youth and individuals with barriers
    to employment), including goals relating to the
    performance accountability measures based on primary
    indicators of performance described in section
    116(b)(2)(A) in order to support regional economic
    growth and economic self-sufficiency; and
    (F) taking into account analyses described in
    subparagraphs (A) through (D), a strategy to work with
    the entities that carry out the core programs to align
    resources available to the local area, to achieve the
    strategic vision and goals described in subparagraph
    (E);
    (2) a description of the workforce development system in the
    local area that identifies the programs that are included in
    that system and how the local board will work with the entities
    carrying out core programs and other workforce development
    programs to support alignment to provide services, including
    programs of study authorized under the Carl D. Perkins Career
    and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.),
    that support the strategy identified in the State plan under
    section 102(b)(1)(E);

    [[Page 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 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 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) <>  make available
    copies of a proposed local plan to the public through electronic
    and other means, such as public hearings and local news media;
    (2) <>  allow members of the
    public, including representatives of business, representatives
    of labor organizations, and representatives of education to
    submit to the local board comments on the proposed local plan,
    not later than the end of the 30-day period beginning on the
    date on which the proposed local plan is made available; and
    (3) include with the local plan submitted to the Governor
    under this section any such comments that represent disagreement
    with the plan.

    (e) <>  Plan Submission and
    Approval.--A local plan submitted to the Governor under this section
    (including a modification to such a local plan) shall be considered to
    be approved by the Governor at the end of the 90-day period beginning on
    the day the

    [[Page 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. <>  FUNDING OF STATE AND LOCAL
    BOARDS.

    (a) State Boards.--In funding a State board under this subtitle, a
    State--
    (1) shall use funds available as described in section
    129(b)(3) or 134(a)(3)(B); and
    (2) may use non-Federal funds available to the State that
    the State determines are appropriate and available for that use.

    (b) Local Boards.--In funding a local board under this subtitle, the
    chief elected official and local board for the local area--
    (1) shall use funds available as described in section
    128(b)(4); and
    (2) may use non-Federal funds available to the local area
    that the chief elected official and local board determine are
    appropriate and available for that use.

    CHAPTER 4--PERFORMANCE ACCOUNTABILITY

    SEC. 116. <>  PERFORMANCE ACCOUNTABILITY
    SYSTEM.

    (a) <>  Purpose.--The purpose of
    this section is to establish performance accountability measures that
    apply across the core programs to assess the effectiveness of States and
    local areas (for core programs described in subtitle B) in achieving
    positive outcomes for individuals served by those programs.

    (b) State Performance Accountability Measures.--
    (1) In general.--For each State, the performance
    accountability measures for the core programs shall consist of--
    (A)(i) the primary indicators of performance
    described in paragraph (2)(A); and
    (ii) the additional indicators of performance (if
    any) identified by the State under paragraph (2)(B); and
    (B) a State adjusted level of performance for each
    indicator described in subparagraph (A).
    (2) Indicators of performance.--
    (A) Primary indicators of performance.--
    (i) In general.--The State primary indicators
    of performance for activities provided under the
    adult and dislocated worker programs authorized
    under chapter 3 of subtitle B, the program of
    adult education and literacy activities authorized
    under title II, the

    [[Page 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 1473]]

    (iv) <>  Indicator for
    services to employers.--Prior to the commencement
    of the second full program year after the date of
    enactment of this Act, for purposes of clauses
    (i)(VI), or clause (ii)(III) with respect to
    clause (i)(IV), the Secretary of Labor and the
    Secretary of Education, after consultation with
    the representatives described in paragraph (4)(B),
    shall jointly develop and establish, for purposes
    of this subparagraph, 1 or more primary indicators
    of performance that indicate the effectiveness of
    the core programs in serving employers.
    (B) Additional indicators.--A State may identify in
    the State plan additional performance accountability
    indicators.
    (3) Levels of performance.--
    (A) State adjusted levels of performance for primary
    indicators.--
    (i) In general.--For each State submitting a
    State plan, there shall be established, in
    accordance with this subparagraph, levels of
    performance for each of the corresponding primary
    indicators of performance described in paragraph
    (2) for each of the programs described in clause
    (ii).
    (ii) Included programs.--The programs included
    under clause (i) are--
    (I) the youth program authorized
    under chapter 2 of subtitle B;
    (II) the adult program authorized
    under chapter 3 of subtitle B;
    (III) the dislocated worker program
    authorized under chapter 3 of subtitle
    B;
    (IV) the program of adult education
    and literacy activities authorized under
    title II;
    (V) the employment services program
    authorized under sections 1 through 13
    of the Wagner-Peyser Act (29 U.S.C. 49
    et seq.); and
    (VI) the program authorized under
    title I of the Rehabilitation Act of
    1973 (29 U.S.C. 720 et seq.), other than
    section 112 or part C of that title (29
    U.S.C. 732, 741).
    (iii) <>  Identification
    in state plan.--Each State shall identify, in the
    State plan, expected levels of performance for
    each of the corresponding primary indicators of
    performance for each of the programs described in
    clause (ii) for the first 2 program years covered
    by the State plan.
    (iv) Agreement on state adjusted levels of
    performance.--
    (I) First 2 years.--The State shall
    reach agreement with the Secretary of
    Labor, in conjunction with the Secretary
    of Education on levels of performance
    for each indicator described in clause
    (iii) for each of the programs described
    in clause (ii) for each of the first 2
    program years covered by the State plan.
    In reaching the agreement, the State and
    the Secretary of Labor in conjunction
    with the Secretary of Education shall
    take into

    [[Page 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) <>  Goals.--In order
    to promote enhanced performance outcomes and to
    facilitate the process of

    [[Page 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) <>  Statistical
    adjustment model.--The Secretary of Labor and the
    Secretary of Education, after consultation with
    the representatives described in paragraph (4)(B),
    shall develop and disseminate an objective
    statistical model that will be used to make the
    adjustments in the State adjusted levels of
    performance for actual economic conditions and
    characteristics of participants under clauses (v)
    and (vii).
    (B) Levels of performance for additional
    indicators.--The State may identify, in the State plan,
    State levels of performance for each of the additional
    indicators identified under paragraph (2)(B). Such
    levels shall be considered to be State adjusted levels
    of performance for purposes of this section.
    (4) Definitions of indicators of performance.--
    (A) <>  In general.--In order
    to ensure nationwide comparability of performance data,
    the Secretary of Labor and the Secretary of Education,
    after consultation with representatives described in
    subparagraph (B), shall issue definitions for the
    indicators described in paragraph (2).
    (B) Representatives.--The representatives referred
    to in subparagraph (A) are representatives of States and
    political subdivisions, business and industry,
    employees, eligible providers of activities carried out
    through the core programs, educators, researchers,
    participants, the lead State agency officials with
    responsibility for the programs carried out through the
    core programs, individuals with expertise in serving
    individuals with barriers to employment, and other
    interested parties.

    (c) Local Performance Accountability Measures for Subtitle B.--

    [[Page 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) <>  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 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 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) <>  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 1479]]

    Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education,
    Labor, and Pensions of the Senate. <>  The Secretaries shall prepare and make
    available with the reports a set of recommendations for
    improvements in and adjustments to pay-for-performance
    contract strategies used under subtitle B.

    (e) Evaluation of State Programs.--
    (1) In general.--Using funds authorized under a core program
    and made available to carry out this section, the State, in
    coordination with local boards in the State and the State
    agencies responsible for the administration of the core
    programs, shall conduct ongoing evaluations of activities
    carried out in the State under such programs. The State, local
    boards, and State agencies shall conduct the evaluations in
    order to promote, establish, implement, and utilize methods for
    continuously improving core program activities in order to
    achieve high-level performance within, and high-level outcomes
    from, the workforce development system. The State shall
    coordinate the evaluations with the evaluations provided for by
    the Secretary of Labor and the Secretary of Education under
    section 169, section 242(c)(2)(D), and sections 12(a)(5), 14,
    and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5),
    711, 727) (applied with respect to programs carried out under
    title I of that Act (29 U.S.C. 720 et seq.)) and the
    investigations provided for by the Secretary of Labor under
    section 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)).
    (2) Design.--The evaluations conducted under this subsection
    shall be designed in conjunction with the State board, State
    agencies responsible for the administration of the core
    programs, and local boards and shall include analysis of
    customer feedback and outcome and process measures in the
    statewide workforce development system. The evaluations shall
    use designs that employ the most rigorous analytical and
    statistical methods that are reasonably feasible, such as the
    use of control groups.
    (3) <>  Results.--The State shall
    annually prepare, submit to the State board and local boards in
    the State, and make available to the public (including by
    electronic means), reports containing the results of evaluations
    conducted under this subsection, to promote the efficiency and
    effectiveness of the workforce development system.
    (4) Cooperation with federal evaluations.--The State shall,
    to the extent practicable, cooperate in the conduct of
    evaluations (including related research projects) provided for
    by the Secretary of Labor or the Secretary of Education under
    the provisions of Federal law identified in paragraph (1). Such
    cooperation shall include the provision of data (in accordance
    with appropriate privacy protections established by the
    Secretary of Labor), the provision of responses to surveys, and
    allowing site visits in a timely manner, for the Secretaries or
    their agents.

    (f) Sanctions for State Failure To Meet State Performance
    Accountability Measures.--
    (1) States.--

    [[Page 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) <>  Reduction in amount of
    grant.--If such failure continues for a second
    consecutive year, or (except in the case of exceptional
    circumstances as determined by the Secretary of Labor or
    the Secretary of Education, as appropriate) a State
    fails to submit a report under subsection (d) for any
    program year, the percentage of each amount that would
    (in the absence of this paragraph) be reserved by the
    Governor under section 128(a) for the immediately
    succeeding program year shall be reduced by 5 percentage
    points until such date as the Secretary of Labor or the
    Secretary of Education, as appropriate, determines that
    the State meets such State adjusted levels of
    performance and has submitted such reports for the
    appropriate program years.

    (g) Sanctions for Local Area Failure To Meet Local Performance
    Accountability Measures.--
    (1) Technical assistance.--If a local area fails to meet
    local performance accountability measures established under
    subsection (c) for the youth, adult, or dislocated worker
    program authorized under chapter 2 or 3 of subtitle B for a
    program described in subsection (d)(2)(A) for any program year,
    the Governor, or upon request by the Governor, the Secretary of
    Labor, shall provide technical assistance, which may include
    assistance in the development of a performance improvement plan
    or the development of a modified local plan (or regional plan).
    (2) Corrective actions.--
    (A) <>  In general.--If
    such failure continues for a third consecutive year, the
    Governor shall take corrective actions, which shall
    include development of a reorganization plan through
    which the Governor shall--
    (i) require the appointment and certification
    of a new local board, consistent with the criteria
    established under section 107(b);
    (ii) prohibit the use of eligible providers
    and one-stop partners identified as achieving a
    poor level of performance; or
    (iii) take such other significant actions as
    the Governor determines are appropriate.
    (B) <>  Appeal by local area.--
    (i) Appeal to governor.--The local board and
    chief elected official for a local area that is
    subject to a reorganization plan under
    subparagraph (A) may, not later than 30 days after
    receiving notice of the reorganization plan,
    appeal to the Governor to rescind or revise such
    plan. In such case, the Governor shall make a
    final decision not later than 30 days after the
    receipt of the appeal.
    (ii) Subsequent action.--The local board and
    chief elected official for a local area may, not
    later

    [[Page 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) <>  In general.--Using
    funds authorized under a core program and made available to
    carry out this chapter, the Governor, in coordination with the
    State board, the State agencies administering the core programs,
    local boards, and chief elected officials in the State, shall
    establish and operate a fiscal and management accountability
    information system based on guidelines established by the
    Secretary of Labor and the Secretary of Education after
    consultation with the Governors of States, chief elected
    officials, and one-stop partners. Such guidelines shall promote
    efficient collection and use of fiscal and management
    information for reporting and monitoring the use of funds
    authorized under the core programs and for preparing the annual
    report described in subsection (d).
    (2) Wage records.--In measuring the progress of the State on
    State and local performance accountability measures, a State
    shall utilize quarterly wage records, consistent with State law.
    The Secretary of Labor shall make arrangements, consistent with
    State law, to ensure that the wage records of any State are
    available to any other State to the extent that such wage
    records are required by the State in carrying out the State plan
    of the State or completing the annual report described in
    subsection (d).
    (3) Confidentiality.--In carrying out the requirements of
    this Act, the State shall comply with section 444 of the General
    Education Provisions Act (20 U.S.C. 1232g).

    Subtitle B--Workforce Investment Activities and Providers

    CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS

    SEC. 121. <>  ESTABLISHMENT OF ONE-STOP
    DELIVERY SYSTEMS.

    (a) In General.--Consistent with an approved State plan, the local
    board for a local area, with the agreement of the chief elected official
    for the local area, shall--

    [[Page 1482]]

    (1) <>  develop and enter into the
    memorandum of understanding described in subsection (c) with
    one-stop partners;
    (2) <>  designate or certify one-stop
    operators under subsection (d); and
    (3) conduct oversight with respect to the one-stop delivery
    system in the local area.

    (b) One-stop Partners.--
    (1) Required partners.--
    (A) Roles and responsibilities of one-stop
    partners.--Each entity that carries out a program or
    activities described in subparagraph (B) in a local area
    shall--
    (i) provide access through the one-stop
    delivery system to such program or activities
    carried out by the entity, including making the
    career services described in section 134(c)(2)
    that are applicable to the program or activities
    available at the one-stop centers (in addition to
    any other appropriate locations);
    (ii) use a portion of the funds available for
    the program and activities to maintain the one-
    stop delivery system, including payment of the
    infrastructure costs of one-stop centers in
    accordance with subsection (h);
    (iii) <>  enter into a
    local memorandum of understanding with the local
    board, relating to the operation of the one-stop
    system, that meets the requirements of subsection
    (c);
    (iv) participate in the operation of the one-
    stop system consistent with the terms of the
    memorandum of understanding, the requirements of
    this title, and the requirements of the Federal
    laws authorizing the program or activities; and
    (v) provide representation on the State board
    to the extent provided under section 101.
    (B) Programs and activities.--The programs and
    activities referred to in subparagraph (A) consist of--
    (i) programs authorized under this title;
    (ii) programs authorized under the Wagner-
    Peyser Act (29 U.S.C. 49 et seq.);
    (iii) adult education and literacy activities
    authorized under title II;
    (iv) programs authorized under title I of the
    Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
    (other than section 112 or part C of title I of
    such Act (29 U.S.C. 732, 741);
    (v) activities authorized under title V of the
    Older Americans Act of 1965 (42 U.S.C. 3056 et
    seq.);
    (vi) career and technical education programs
    at the postsecondary level authorized under the
    Carl D. Perkins Career and Technical Education Act
    of 2006 (20 U.S.C. 2301 et seq.);
    (vii) activities authorized under chapter 2 of
    title II of the Trade Act of 1974 (19 U.S.C. 2271
    et seq.);
    (viii) activities authorized under chapter 41
    of title 38, United States Code;
    (ix) employment and training activities
    carried out under the Community Services Block
    Grant Act (42 U.S.C. 9901 et seq.);

    [[Page 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 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 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) <>  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 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. <>  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 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) <>  In general.--In order to be eligible to receive
    infrastructure funding described in subsection (h), the State
    board, in consultation with chief elected officials and local
    boards, shall establish objective criteria and procedures for
    use by local boards in assessing at least once every 3 years the
    effectiveness, physical and programmatic accessibility in
    accordance with section 188, if applicable, and the Americans
    with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and
    continuous improvement of one-stop centers and the one-stop
    delivery system, consistent with the requirements of section
    101(d)(6).
    (2) Criteria.--The criteria and procedures developed under
    this subsection shall include standards relating to service
    coordination achieved by the one-stop delivery system with
    respect to the programs administered by the one-stop partners at
    the one-stop centers. Such criteria and procedures shall--
    (A) <>  be developed in a
    manner that is consistent with the guidelines, guidance,
    and policies provided by the Governor and by the State
    board, in consultation with the chief elected officials
    and local boards, for such partners' participation under
    subsections (h)(1) and (i); and
    (B) include such factors relating to the
    effectiveness, accessibility, and improvement of the
    one-stop delivery system as the State board determines
    to be appropriate, including at a minimum how well the
    one-stop center--
    (i) supports the achievement of the negotiated
    local levels of performance for the indicators of
    performance described in section 116(b)(2) for the
    local area;
    (ii) integrates available services; and
    (iii) meets the workforce development and
    employment needs of local employers and
    participants.
    (3) Local criteria.--Consistent with the criteria developed
    under paragraph (1) by the State, a local board in the State may
    develop additional criteria (or higher levels of service
    coordination than required for the State-developed criteria)
    relating to service coordination achieved by the one-stop

    [[Page 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 <>  1, 2016, if the local
    board, chief elected officials, and one-stop
    partners described in subsection (b)(1) in a local
    area fail to reach consensus agreement on methods
    of sufficiently funding the costs of
    infrastructure of one-stop centers for a program
    year, the State infrastructure funding mechanism
    described in paragraph (2) shall be applicable to
    such local area for that program year and for each
    subsequent program year for which those entities
    and individuals fail to reach such agreement.
    (B) <>  Guidance for
    infrastructure funding.--In addition to carrying out the
    requirements relating to the State infrastructure
    funding mechanism described in paragraph (2), the
    Governor, after consultation with chief elected
    officials, local boards, and the State board, and
    consistent with the guidance and policies provided by
    the State board under subparagraphs (B) and (C)(i) of
    section 101(d)(7), shall provide, for the use of local
    areas under subparagraph (A)(i)(I)--
    (i) guidelines for State-administered one-stop
    partner programs, for determining such programs'
    contributions to a one-stop delivery system, based
    on such programs' proportionate use of such system
    consistent with chapter II of title 2, Code of
    Federal Regulations (or any corresponding similar
    regulation or ruling), including determining
    funding for the costs of infrastructure, which
    contributions shall be negotiated pursuant to the
    memorandum of understanding under subsection (c);
    and

    [[Page 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) <>  In general.--
    Subject to clause (ii) and subparagraph (D), the
    Governor, after consultation with chief elected
    officials, local boards, and the State board,
    shall determine the portion of funds to be
    provided under subparagraph (B) by each one-stop
    partner from each program described in
    subparagraph (B). In making such determination for
    the purpose of determining funding contributions,
    for funding pursuant to clause (i)(II) or (ii) of
    paragraph (1)(A) by each partner, the Governor
    shall calculate amounts for the proportionate use
    of the one-stop centers in the State, consistent
    with chapter II of title 2, Code of Federal
    Regulations (or any corresponding similar
    regulation or ruling), taking into account the
    costs of administration of the one-stop delivery
    system for purposes not related to one-stop
    centers, for each partner. The Governor shall
    exclude from such determination of funds the
    amounts for proportionate use of one-stop centers
    attributable to the programs of one-stop partners
    for those local areas of the State where the costs
    of infrastructure of one-stop centers are funded
    under the option described in paragraph
    (1)(A)(i)(I). The Governor shall also take into
    account the statutory requirements for each
    partner program and the partner program's ability
    to fulfill such requirements.
    (ii) <>  Special rule.--
    In a State in which the State constitution or a
    State statute places policymaking authority that
    is independent of the authority of the Governor in
    an entity or official with respect to the funds
    provided for adult education and literacy
    activities authorized under title II,
    postsecondary career and technical education
    activities authorized under the Carl D. Perkins
    Career and Technical Education Act

    [[Page 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) <>  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 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 1492]]

    the performance of such centers that the State board
    determines are appropriate.
    (4) <>  Costs of infrastructure.--In this
    subsection, the term ``costs of infrastructure'', used with
    respect to a one-stop center, means the nonpersonnel costs that
    are necessary for the general operation of the one-stop center,
    including the rental costs of the facilities, the costs of
    utilities and maintenance, equipment (including assessment-
    related products and assistive technology for individuals with
    disabilities), and technology to facilitate access to the one-
    stop center, including the center's planning and outreach
    activities.

    (i) Other Funds.--
    (1) In general.--Subject to the memorandum of understanding
    described in subsection (c) for the one-stop delivery system
    involved, in addition to the funds provided to carry out
    subsection (h), a portion of funds made available under Federal
    law authorizing the programs described in subsection (b) and
    administered by one-stop partners, or the noncash resources
    available under such programs, shall be used to pay the
    additional costs relating to the operation of the one-stop
    delivery system that are not paid from the funds provided under
    subsection (h), as determined in accordance with paragraph (3),
    to the extent not inconsistent with the Federal law involved.
    Such costs shall include the costs of the provision of career
    services described in section 134(c)(2) applicable to each
    program and may include common costs that are not paid from the
    funds provided under subsection (h).
    (2) Shared services.--The costs described under paragraph
    (1) may include costs of services that are authorized for and
    may be commonly provided through the one-stop partner programs
    to any individual, such as initial intake, assessment of needs,
    appraisal of basic skills, identification of appropriate
    services to meet such needs, referrals to other one-stop
    partners, and other similar services.
    (3) Determination and guidance.--The method for determining
    the appropriate portion of funds and noncash resources to be
    provided by the one-stop partner for each program under
    paragraph (1) for a one-stop center shall be determined as part
    of the development of the memorandum of understanding under
    subsection (c) for the one-stop center and shall be stated in
    the memorandum. The State board shall provide guidance to
    facilitate the determination, for purposes of the memorandum of
    understanding, of an appropriate allocation of the funds and
    noncash resources in local areas, consistent with the
    requirements of section 101(d)(6)(C).
    SEC. 122. <>  IDENTIFICATION OF ELIGIBLE
    PROVIDERS OF TRAINING SERVICES.

    (a) Eligibility.--

    (1) <>
    In general.--Except as provided in subsection (h), the Governor,
    after consultation with the State board, shall establish
    criteria, information requirements, and procedures regarding the
    eligibility of providers of training services to receive funds
    provided under section 133(b) for the provision of training
    services in local areas in the State.

    [[Page 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) <>  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 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 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 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) <>  Availability.--The list
    and the accompanying information shall be made available to such
    participants and to members of the public through the one-stop
    delivery system in the State, in a manner that does not reveal
    personally identifiable information about an individual
    participant.
    (4) Limitation.--In carrying out the requirements of this
    subsection, no personally identifiable information regarding a
    student, including a Social Security number, student
    identification number, or other identifier, may be disclosed
    without the prior written consent of the parent or student in
    compliance with section 444 of the General Education Provisions
    Act (20 U.S.C. 1232g).

    (e) <>  Opportunity to Submit Comments.--
    In establishing, under this section, criteria, information requirements,
    procedures, and the list of eligible providers described in subsection
    (d), the Governor shall provide an opportunity for interested members of
    the public to make recommendations and submit comments regarding such
    criteria, information requirements, procedures, and list.

    (f) Enforcement.--
    (1) <>  In
    general.--The procedures established under this section shall
    provide the following:
    (A) Intentionally supplying inaccurate
    information.--Upon a determination, by an individual or
    entity specified in the procedures, that a provider of
    training services, or individual providing information
    on behalf of the provider, violated this section (or
    section 122 of the Workforce Investment Act of 1998, as
    in effect on the

    [[Page 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) <>  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 1498]]

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

    (a) <>  In General.--From the funds
    allocated under section 128(b) to a local area, the local board for such
    area shall award grants or contracts on a competitive basis to providers
    of youth workforce investment activities identified based on the
    criteria in the State plan (including such quality criteria as the
    Governor shall establish for a training program that leads to a
    recognized postsecondary credential), and taking into consideration the
    ability of the providers to meet performance accountability measures
    based on primary indicators of performance for the youth program as
    described in section 116(b)(2)(A)(ii), as described in section
    102(b)(2)(D)(i)(V), and shall conduct oversight with respect to such
    providers.

    (b) <>  Exceptions.--A local board may award
    grants or contracts on a sole-source basis if such board determines
    there is an insufficient number of eligible providers of youth workforce
    investment activities in the local area involved (such as a rural area)
    for grants and contracts to be awarded on a competitive basis under
    subsection (a).

    CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES

    SEC. 126. <>  GENERAL AUTHORIZATION.

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

    (a) In General.--The Secretary shall--
    (1) for each fiscal year for which the amount appropriated
    under section 136(a) exceeds $925,000,000, reserve 4 percent of
    the excess amount to provide youth workforce investment
    activities under section 167 (relating to migrant and seasonal
    farmworkers); and
    (2) use the remainder of the amount appropriated under
    section 136(a) for a fiscal year to make allotments and grants
    in accordance with subsection (b).

    (b) Allotment Among States.--
    (1) Youth workforce investment activities.--
    (A) Native americans.--From the amount appropriated
    under section 136(a) for a fiscal year that is not
    reserved under subsection (a)(1), the Secretary shall
    reserve not more than 1\1/2\ percent of such amount to
    provide youth workforce investment activities under
    section 166 (relating to Native Americans).
    (B) Outlying areas.--
    (i) In general.--From the amount appropriated
    under section 136(a) for each fiscal year that is
    not reserved under subsection (a)(1) and
    subparagraph (A),

    [[Page 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 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 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 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. <>  WITHIN STATE ALLOCATIONS.

    (a) Reservations for Statewide Activities.--
    (1) In general.--The Governor shall reserve not more than 15
    percent of each of the amounts allotted to the State under
    section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section
    132(b) for a fiscal year for statewide workforce investment
    activities.
    (2) Use of funds.--Regardless of whether the reserved
    amounts were allotted under section 127(b)(1)(C), or under
    paragraph (1)(B) or (2)(B) of section 132(b), the Governor may
    use the reserved amounts to carry out statewide activities under
    section 129(b) or statewide employment and training activities,
    for adults or dislocated workers, under section 134(a).

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

    [[Page 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 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) <>  In general.--The Governor may,
    in accordance with this subsection and after consultation with
    the State board, reallocate to eligible local areas within the
    State amounts that are made available to local areas from
    allocations made under this section or a corresponding provision
    of the Workforce Investment Act of 1998 for youth workforce
    investment activities (referred to individually in this
    subsection as a ``local allocation'') and that are available for
    reallocation.
    (2) Amount.--The amount available for reallocation for a
    program year is equal to the amount by which the unobligated
    balance of the local allocation, at the end of the program year
    prior to the program year for which the determination under this
    paragraph is made, exceeds 20 percent of such allocation for the
    prior program year.
    (3) Reallocation.--In making reallocations to eligible local
    areas of amounts available pursuant to paragraph (2) for a
    program year, the Governor shall allocate to each eligible local
    area within the State an amount based on the relative amount of
    the local allocation for the program year for which the
    determination is made, as compared to the total amount of the
    local allocations for all eligible local areas in the State for
    such program year.
    (4) Eligibility.--For purposes of this subsection, an
    eligible local area means a local area that does not have an
    amount available for reallocation under paragraph (2) for the
    program year for which the determination under paragraph (2) is
    made.
    SEC. 129. <>  USE OF FUNDS FOR YOUTH WORKFORCE
    INVESTMENT ACTIVITIES.

    (a) Youth Participant Eligibility.--
    (1) <>  Eligibility.--
    (A) In general.--To be eligible to participate in
    activities carried out under this chapter during any
    program year an individual shall, at the time the
    eligibility determination is made, be an out-of-school
    youth or an in-school youth.
    (B) Out-of-school youth.--In this title, the term
    ``out-of-school youth'' means an individual who is--
    (i) not attending any school (as defined under
    State law);
    (ii) not younger than age 16 or older than age
    24; and
    (iii) one or more of the following:
    (I) A school dropout.
    (II) A youth who is within the age
    of compulsory school attendance, but has
    not attended school for at least the
    most recent complete school year
    calendar quarter.
    (III) A recipient of a secondary
    school diploma or its recognized
    equivalent who is a low-income
    individual and is--

    [[Page 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 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 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 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 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 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 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. <>  GENERAL AUTHORIZATION.

    The Secretary shall make allotments under paragraphs (1)(B) and
    (2)(B) of section 132(b) to each State that meets the requirements of
    section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of
    section 132(b) to each outlying area that complies with the requirements
    of this title, to assist the State or outlying area, and to enable the
    State or outlying area to assist local areas, for the purpose of
    providing workforce investment activities for adults, and dislocated
    workers, in the State or outlying area and in the local areas.
    SEC. 132. <>  STATE ALLOTMENTS.

    (a) In General.--The Secretary shall--
    (1) <>  make allotments and grants from the
    amount appropriated under section 136(b) for a fiscal year in
    accordance with subsection (b)(1); and
    (2)(A) reserve 20 percent of the amount appropriated under
    section 136(c) for the fiscal year for use under subsection
    (b)(2)(A), and under sections 168(b) (relating to dislocated
    worker technical assistance), 169(c) (relating to dislocated
    worker projects), and 170 (relating to national dislocated
    worker grants); and
    (B) make allotments from 80 percent of the amount
    appropriated under section 136(c) for the fiscal year in
    accordance with subsection (b)(2)(B).

    (b) Allotment Among States.--
    (1) Adult employment and training activities.--
    (A) Reservation for outlying areas.--
    (i) In general.--From the amount made
    available under subsection (a)(1) for a fiscal
    year, the Secretary shall reserve not more than
    \1/4\ of 1 percent of such amount to provide
    assistance to the outlying areas.
    (ii) Applicability of additional
    requirements.--From the amount reserved under
    clause (i), the Secretary shall provide assistance
    to the outlying areas for adult employment and
    training activities and statewide workforce
    investment activities in accordance with the
    requirements of section 127(b)(1)(B).
    (B) States.--
    (i) <>  In general.--
    After determining the amount to be reserved under
    subparagraph (A), the Secretary shall allot the
    remainder of the amount made available under
    subsection (a)(1) for that fiscal year to the
    States pursuant to clause (ii) for adult
    employment and

    [[Page 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 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 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 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 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. <>  WITHIN STATE ALLOCATIONS.

    (a) Reservations for State Activities.--
    (1) Statewide workforce investment activities.--The Governor
    shall make the reservation required under section 128(a).
    (2) Statewide rapid response activities.--The Governor shall
    reserve not more than 25 percent of the total amount allotted to
    the State under section 132(b)(2)(B) for a fiscal year for
    statewide rapid response activities described in section
    134(a)(2)(A).

    (b) Within State Allocation.--
    (1) <>  Methods.--The Governor, acting
    in accordance with the State plan, and after consulting with
    chief elected officials and local boards in the local areas,
    shall allocate--
    (A) the funds that are allotted to the State for
    adult employment and training activities and statewide
    workforce investment activities under section
    132(b)(1)(B) and are not reserved under subsection
    (a)(1), in accordance with paragraph (2) or (3); and
    (B) the funds that are allotted to the State for
    dislocated worker employment and training activities and
    statewide workforce investment activities under section
    132(b)(2)(B) and are not reserved under paragraph (1) or
    (2) of subsection (a), in accordance with paragraph (2).
    (2) Formula allocations.--
    (A) Adult employment and training activities.--
    (i) Allocation.--In allocating the funds
    described in paragraph (1)(A) to local areas, a
    State may allocate--
    (I) 33\1/3\ percent of the funds on
    the basis described in section
    132(b)(1)(B)(ii)(I);

    [[Page 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 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 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) <>  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 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. <>  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 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) <>  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 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) <>  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 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 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 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) <>  determinations
    of whether the individuals are eligible to receive
    assistance under this subtitle;
    (ii) outreach, intake (which may include
    worker profiling), and orientation to the
    information and other services available through
    the one-stop delivery system;
    (iii) <>  initial
    assessment of skill levels (including literacy,
    numeracy, and English language proficiency),
    aptitudes, abilities (including skills gaps), and
    supportive service needs;
    (iv) labor exchange services, including--
    (I) job search and placement
    assistance and, in appropriate cases,
    career counseling, including--
    (aa) provision of
    information on in-demand
    industry sectors and
    occupations; and
    (bb) provision of
    information on nontraditional
    employment; and
    (II) appropriate recruitment and
    other business services on behalf of
    employers, including small employers, in
    the local area, which services may
    include services described in this
    subsection, such as providing
    information and referral to specialized
    business services not traditionally
    offered through the one-stop delivery
    system;
    (v) provision of referrals to and coordination
    of activities with other programs and services,
    including programs and services within the one-
    stop delivery

    [[Page 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) <>  provision of
    information and assistance regarding filing claims
    for unemployment compensation;

    [[Page 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) <>  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 1528]]

    (i) directly through one-stop operators
    identified pursuant to section 121(d); or
    (ii) <>  through contracts
    with service providers, which may include
    contracts with public, private for-profit, and
    private nonprofit service providers, approved by
    the local board.
    (3) Training services.--
    (A) In general.--
    (i) Eligibility.--Except as provided in clause
    (ii), funds allocated to a local area for adults
    under paragraph (2)(A) or (3), as appropriate, of
    section 133(b), and funds allocated to the local
    area for dislocated workers under section
    133(b)(2)(B), shall be used to provide training
    services to adults and dislocated workers,
    respectively--
    (I) who, after an interview,
    evaluation, or assessment, and career
    planning, have been determined by a one-
    stop operator or one-stop partner, as
    appropriate, to--
    (aa) be unlikely or unable
    to obtain or retain employment,
    that leads to economic self-
    sufficiency or wages comparable
    to or higher than wages from
    previous employment, through the
    career services described in
    paragraph (2)(A)(xii);
    (bb) be in need of training
    services to obtain or retain
    employment that leads to
    economic self-sufficiency or
    wages comparable to or higher
    than wages from previous
    employment; and
    (cc) have the skills and
    qualifications to successfully
    participate in the selected
    program of training services;
    (II) who select programs of training
    services that are directly linked to the
    employment opportunities in the local
    area or the planning region, or in
    another area to which the adults or
    dislocated workers are willing to
    commute or relocate;
    (III) who meet the requirements of
    subparagraph (B); and
    (IV) who are determined to be
    eligible in accordance with the priority
    system in effect under subparagraph (E).
    (ii) Use of previous assessments.--A one-stop
    operator or one-stop partner shall not be required
    to conduct a new interview, evaluation, or
    assessment of a participant under clause (i) if
    the one-stop operator or one-stop partner
    determines that it is appropriate to use a recent
    interview, evaluation, or assessment of the
    participant conducted pursuant to another
    education or training program.
    (iii) Rule of construction.--Nothing in this
    subparagraph shall be construed to mean an
    individual is required to receive career services
    prior to receiving training services.
    (B) Qualification.--

    [[Page 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 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) <>  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 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) <>  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 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 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 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 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) <>  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 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 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. <>  AUTHORIZATION OF APPROPRIATIONS.

    (a) Youth Workforce Investment Activities.--There are authorized to
    be appropriated to carry out the activities described in section 127(a),
    $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016,
    $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018,
    $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year
    2020.
    (b) Adult Employment and Training Activities.--There are authorized
    to be appropriated to carry out the activities described in section
    132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 for fiscal
    year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal
    year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for
    fiscal year 2020.
    (c) Dislocated Worker Employment and Training Activities.--There are
    authorized to be appropriated to carry out the activities described in
    section 132(a)(2), $1,222,457,000 for fiscal year 2015, $1,316,880,000
    for fiscal year 2016, $1,344,205,000 for fiscal year 2017,
    $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year
    2019, and $1,436,137,000 for fiscal year 2020.

    Subtitle C--Job Corps

    SEC. 141. <>  PURPOSES.

    The purposes of this subtitle are--
    (1) to maintain a national Job Corps program, carried out in
    partnership with States and communities, to--
    (A) assist eligible youth to connect to the labor
    force by providing them with intensive social, academic,
    career and technical education, and service-learning
    opportunities, in primarily residential centers, in
    order for such youth to obtain secondary school diplomas
    or recognized postsecondary credentials leading to--

    [[Page 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. <>  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 1539]]

    SEC. 143. <>  ESTABLISHMENT.

    There shall be within the Department of Labor a ``Job Corps''.
    SEC. 144. <>  INDIVIDUALS ELIGIBLE FOR THE JOB
    CORPS.

    (a) In General.--To be eligible to become an enrollee, an individual
    shall be--
    (1) not less than age 16 and not more than age 21 on the
    date of enrollment, except that--
    (A) not more than 20 percent of the individuals
    enrolled in the Job Corps may be not less than age 22
    and not more than age 24 on the date of enrollment; and
    (B) either such maximum age limitation may be waived
    by the Secretary, in accordance with regulations of the
    Secretary, in the case of an individual with a
    disability;
    (2) a low-income individual; and
    (3) an individual who is one or more of the following:
    (A) Basic skills deficient.
    (B) A school dropout.
    (C) A homeless individual (as defined in section
    41403(6) of the Violence Against Women Act of 1994 (42
    U.S.C. 14043e-2(6))), a homeless child or youth (as
    defined in section 725(2) of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11434a(2))), a runaway, an
    individual in foster care, or an individual who was in
    foster care and has aged out of the foster care system.
    (D) A parent.
    (E) An individual who requires additional education,
    career and technical education or training, or workforce
    preparation skills to be able to obtain and retain
    employment that leads to economic self-sufficiency.

    (b) Special Rule for Veterans.--Notwithstanding the requirement of
    subsection (a)(2), a veteran shall be eligible to become an enrollee
    under subsection (a) if the individual--
    (1) meets the requirements of paragraphs (1) and (3) of such
    subsection; and
    (2) <>  does not meet the requirement of
    subsection (a)(2) because the military income earned by such
    individual within the 6-month period prior to the individual's
    application for Job Corps prevents the individual from meeting
    such requirement.
    SEC. 145. <>  RECRUITMENT, SCREENING,
    SELECTION, AND ASSIGNMENT OF ENROLLEES.

    (a) Standards and Procedures.--
    (1) <>  In general.--The Secretary
    shall prescribe specific standards and procedures for the
    recruitment, screening, and selection of eligible applicants for
    the Job Corps, after considering recommendations from Governors
    of States, local boards, and other interested parties.
    (2) Methods.--In prescribing standards and procedures under
    paragraph (1), the Secretary, at a minimum, shall--
    (A) <>  prescribe procedures for
    informing enrollees that drug tests will be administered
    to the enrollees and the results received within 45 days
    after the enrollees enroll in the Job Corps;
    (B) establish standards for recruitment of Job Corps
    applicants;

    [[Page 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) <>  Reimbursement.--The Secretary is
    authorized to enter into contracts with and make payments to
    individuals and organizations for the cost of conducting
    recruitment, screening, and selection of eligible applicants for
    the Job Corps, as provided for in this section. The Secretary
    shall make no payment to any individual or organization solely
    as compensation for referring the names of applicants for the
    Job Corps.

    (b) Special Limitations on Selection.--
    (1) <>  In general.--No individual
    shall be selected as an enrollee unless the individual or
    organization implementing the standards and procedures described
    in subsection (a) determines that--
    (A) there is a reasonable expectation that the
    individual considered for selection can participate
    successfully in group situations and activities, and is
    not likely to engage in behavior that would prevent
    other enrollees from receiving the benefit of the Job
    Corps program or be incompatible with the maintenance of
    sound discipline and satisfactory relationships between
    the Job Corps center to which the individual might be
    assigned and communities surrounding the Job Corps
    center;
    (B) the individual manifests a basic understanding
    of both the rules to which the individual will be
    subject and of the consequences of failure to observe
    the rules, and agrees to comply with such rules; and
    (C) the individual has passed a background check
    conducted in accordance with procedures established by
    the Secretary and with applicable State and local laws.

    [[Page 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) <>  In general.--Every 2 years, the
    Secretary shall develop and implement a plan for assigning
    enrollees to Job Corps centers. In developing the plan, the
    Secretary shall, based on the analysis described in paragraph
    (2), establish targets, applicable to each Job Corps center,
    for--
    (A) the maximum attainable percentage of enrollees
    at the Job Corps center that reside in the State in
    which the center is located; and
    (B) the maximum attainable percentage of enrollees
    at the Job Corps center that reside in the region in
    which the center is located, and in surrounding regions.
    (2) <>  Analysis.--In
    order to develop the plan described in paragraph (1), every 2
    years the Secretary, in consultation with operators of Job Corps
    centers, shall analyze relevant factors relating to each Job
    Corps center, including--
    (A) the size of the population of individuals
    eligible to participate in Job Corps in the State and
    region in which the Job Corps center is located, and in
    surrounding regions;
    (B) the relative demand for participation in the Job
    Corps in the State and region, and in surrounding
    regions;
    (C) the capacity and utilization of the Job Corps
    center, including the education, training, and
    supportive services provided through the center; and
    (D) the performance of the Job Corps center relating
    to the expected levels of performance for the indicators
    described in section 159(c)(1), and whether any actions
    have been taken with respect to such center pursuant to
    paragraphs (2) and (3) of section 159(f).

    (d) Assignment of Individual Enrollees.--
    (1) In general.--After an individual has been selected for
    the Job Corps in accordance with the standards and procedures of
    the Secretary under subsection (a), the enrollee shall be
    assigned to the Job Corps center that offers the type of career
    and technical education and training selected by the individual
    and, among the centers that offer such education and training,
    is closest to the home of the individual. <>  The Secretary may waive this requirement if--
    (A) the enrollee would be unduly delayed in
    participating in the Job Corps program because the
    closest center is operating at full capacity; or

    [[Page 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. <>  ENROLLMENT.

    (a) Relationship Between Enrollment and Military Obligations.--
    Enrollment in the Job Corps shall not relieve any individual of
    obligations under the Military Selective Service Act (50 U.S.C. App. 451
    et seq.).
    (b) Period of Enrollment.--No individual may be enrolled in the Job
    Corps for more than 2 years, except--
    (1) in a case in which completion of an advanced career
    training program under section 148(c) would require an
    individual to participate in the Job Corps for not more than one
    additional year;
    (2) in the case of an individual with a disability who would
    reasonably be expected to meet the standards for a Job Corps
    graduate, as defined under section 142(5), if allowed to
    participate in the Job Corps for not more than 1 additional
    year;
    (3) in the case of an individual who participates in
    national service, as authorized by a Civilian Conservation
    Center program, who would be granted an enrollment extension in
    the Job Corps for the amount of time equal to the period of
    national service; or
    (4) as the Secretary may authorize in a special case.
    SEC. 147. <>  JOB CORPS CENTERS.

    (a) Operators and Service Providers.--
    (1) Eligible entities.--
    (A) <>  Operators.--The Secretary
    shall enter into an agreement with a Federal, State, or
    local agency, an area career and technical education
    school, a residential career and technical education
    school, or a private organization, for the operation of
    each Job Corps center.
    (B) Providers.--The Secretary may enter into an
    agreement with a local entity, or other entity with the
    necessary capacity, to provide activities described in
    this subtitle to a Job Corps center.
    (2) Selection process.--
    (A) Competitive basis.--Except as provided in
    subsections (a) and (b) of section 3304 of title 41,
    United States Code, the Secretary shall select on a
    competitive basis an entity to operate a Job Corps
    center and entities to provide activities described in
    this subtitle to the Job Corps
    center. <>  In developing a
    solicitation for an operator or service provider, the
    Secretary shall consult with the Governor of the State
    in which the center is located, the workforce council
    for the Job Corps center (if established), and the
    applicable local board regarding the contents of

    [[Page 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 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) <>  In general.--If an entity
    meets the requirements described in paragraph (2) as applied to
    a particular Job Corps center, such entity shall be allowed to
    compete in any competitive selection process carried out for an
    award to operate such center.
    (2) High performance.--An entity shall be considered to be
    an operator of a high-performing center if the Job Corps center
    operated by the entity--
    (A) is ranked among the top 20 percent of Job Corps
    centers for the most recent preceding program year; and
    (B) <>  meets the expected
    levels of performance established under section
    159(c)(1) and, with respect to each of the primary
    indicators of performance for eligible youth described
    in section 116(b)(2)(A)(ii)--
    (i) for the period of the most recent
    preceding 3 program years for which information is
    available at the time the determination is made,
    achieved an average of 100 percent, or higher, of
    the expected level

    [[Page 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) <>  meets the requirements
    of paragraph (2)(B) with respect to such preceding
    program years using the performance of the Job Corps
    center regarding the national goals or targets
    established by the Office of the Job Corps under the
    previous performance accountability system for--
    (i) the 6-month follow-up placement rate of
    graduates in employment, the military, education,
    or training;
    (ii) the 12-month follow-up placement rate of
    graduates in employment, the military, education,
    or training;
    (iii) the 6-month follow-up average weekly
    earnings of graduates;
    (iv) the rate of attainment of secondary
    school diplomas or their recognized equivalent;
    (v) the rate of attainment of completion
    certificates for career and technical training;
    (vi) average literacy gains; and
    (vii) average numeracy gains; or
    (B) is ranked among the top 5 percent of Job Corps
    centers for the most recent preceding program year.

    (c) Character and Activities.--Job Corps centers may be residential
    or nonresidential in character, and shall be designed and operated so as
    to provide enrollees, in a well-supervised setting, with access to
    activities described in this subtitle. In any year, no more than 20
    percent of the individuals enrolled in the Job Corps may be
    nonresidential participants in the Job Corps.
    (d) Civilian Conservation Centers.--
    (1) <>  In
    general.--The Job Corps centers may include Civilian
    Conservation Centers, operated under an agreement between the
    Secretary of Labor and the Secretary of Agriculture, that are
    located primarily in rural areas. Such centers shall provide, in
    addition to academics, career and technical education and
    training, and workforce preparation skills training, programs of
    work experience to conserve, develop, or manage public natural
    resources or public recreational areas or to develop community
    projects in the public interest.
    (2) Assistance during disasters.--Enrollees in Civilian
    Conservation Centers may provide assistance in addressing
    national, State, and local disasters, consistent with current
    child labor laws (including regulations). The Secretary of
    Agriculture shall ensure that with respect to the provision of
    such

    [[Page 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) <>  National liaison.--The Secretary
    of Agriculture shall designate a Job Corps National Liaison to
    support the agreement under this section between the Departments
    of Labor and Agriculture.

    (e) Indian Tribes.--
    (1) General authority.--The Secretary may enter into
    agreements with Indian tribes to operate Job Corps centers for
    Indians.
    (2) Definitions.--In this subsection, the terms ``Indian''
    and ``Indian tribe'' have the meanings given such terms in
    subsections (d) and (e), respectively, of section 4 of the
    Indian Self-Determination and Education Assistance Act (25
    U.S.C. 450b).

    (f) <>  Length of Agreement.--The agreement
    described in subsection (a)(1)(A) shall be for not more than a 2-year
    period. The Secretary may exercise any contractual option to renew the
    agreement in 1-year increments for not more than 3 additional years,
    consistent with the requirements of subsection (g).

    (g) <>  Renewal Conditions.--
    (1) In general.--Subject to paragraph (2), the Secretary
    shall not renew the terms of an agreement for any 1-year
    additional period described in subsection (f) for an entity to
    operate a particular Job Corps center if, for both of the 2 most
    recent preceding program years for which information is
    available at the time the determination is made, or if a second
    program year is not available, the preceding year for which
    information is available, such center--
    (A) has been ranked in the lowest 10 percent of Job
    Corps centers; and
    (B) failed to achieve an average of 50 percent or
    higher of the expected level of performance under
    section 159(c)(1) with respect to each of the primary
    indicators of performance for eligible youth described
    in section 116(b)(2)(A)(ii).
    (2) <>  Exception.--Notwithstanding
    paragraph (1), the Secretary may exercise an option to renew the
    agreement for no more than 2 additional years if the Secretary
    determines such renewal would be in the best interest of the Job
    Corps program, taking into account factors including--
    (A) significant improvements in program performance
    in carrying out a performance improvement plan under
    section 159(f)(2);
    (B) that the performance is due to circumstances
    beyond the control of the entity, such as an emergency
    or disaster, as defined in section 170(a)(1);
    (C) a significant disruption in the operations of
    the center, including in the ability to continue to
    provide services to students, or significant increase in
    the cost of such operations; or
    (D) a significant disruption in the procurement
    process with respect to carrying out a competition for
    the selection of a center operator.
    (3) Detailed explanation.--If the Secretary exercises an
    option under paragraph (2), the Secretary shall provide, to

    [[Page 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. <>  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 1548]]

    (1) <>  In general.--The Secretary may
    arrange for programs of advanced career training for selected
    enrollees in which the enrollees may continue to participate for
    a period of not to exceed 1 year in addition to the period of
    participation to which the enrollees would otherwise be limited.
    The advanced career training may be provided through the
    eligible providers of training services identified under section
    122.
    (2) Benefits.--During the period of participation in an
    advanced career training program, an enrollee shall be eligible
    for full Job Corps benefits, or a monthly stipend equal to the
    average value of the residential support, food, allowances, and
    other benefits provided to enrollees assigned to residential Job
    Corps centers.
    (3) <>  Demonstration.--The Secretary
    shall develop standards by which any operator seeking to enroll
    additional enrollees in an advanced career training program
    shall demonstrate, before the operator may carry out such
    additional enrollment, that--
    (A) participants in such program have achieved a
    satisfactory rate of completion and placement in
    training-related jobs; and
    (B) <>  for the most recently
    preceding 2 program years, such operator has, on
    average, met or exceeded the expected levels of
    performance under section 159(c)(1) for each of the
    primary indicators of performance for eligible youth
    described in section 116(b)(2)(A)(ii).

    (d) <>  Graduate Services.--In order to promote
    the retention of graduates in employment or postsecondary education, the
    Secretary shall arrange for the provision of job placement and support
    services to graduates for up to 12 months after the date of graduation.
    Multiple resources, including one-stop partners, may support the
    provision of these services, including services from the State
    vocational rehabilitation agency, to supplement job placement and job
    development efforts for Job Corps graduates who are individuals with
    disabilities.

    (e) Child Care.--The Secretary shall, to the extent practicable,
    provide child care at or near Job Corps centers, for individuals who
    require child care for their children in order to participate in the Job
    Corps.
    SEC. 149. <>  COUNSELING AND JOB PLACEMENT.

    (a) Assessment and Counseling.--The Secretary shall arrange for
    assessment and counseling for each enrollee at regular intervals to
    measure progress in the academic and career and technical education and
    training programs carried out through the Job Corps.
    (b) Placement.--The Secretary shall arrange for assessment and
    counseling for enrollees prior to their scheduled graduations to
    determine their capabilities and, based on their capabilities, shall
    place the enrollees in employment leading to economic self-sufficiency
    for which the enrollees are trained or assist the enrollees in
    participating in further activities described in this subtitle. In
    arranging for the placement of graduates in jobs, the Secretary shall
    utilize the one-stop delivery system to the maximum extent practicable.
    (c) <>  Status and Progress.--The Secretary
    shall determine the status and progress of enrollees scheduled for
    graduation and make

    [[Page 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. <>  SUPPORT.

    (a) Personal Allowances.--The Secretary may provide enrollees
    assigned to Job Corps centers with such personal allowances as the
    Secretary may determine to be necessary or appropriate to meet the needs
    of the enrollees.
    (b) Transition Allowances.--The Secretary shall arrange for a
    transition allowance to be paid to graduates. The transition allowance
    shall be incentive-based to reflect a graduate's completion of academic,
    career and technical education or training, and attainment of recognized
    postsecondary credentials.
    (c) <>  Transition Support.--The Secretary may
    arrange for the provision of 3 months of employment services for former
    enrollees.
    SEC. 151. <>  OPERATIONS.

    (a) Operating Plan.--The provisions of the contract between the
    Secretary and an entity selected to operate a Job Corps center shall, at
    a minimum, serve as an operating plan for the Job Corps center.
    (b) Additional Information.--The Secretary may require the operator,
    in order to remain eligible to operate the Job Corps center, to submit
    such additional information as the Secretary may require, which shall be
    considered part of the operating plan.
    (c) <>  Availability.--The Secretary
    shall make the operating plan described in subsections (a) and (b),
    excluding any proprietary information, available to the public.
    SEC. 152. <>  STANDARDS OF CONDUCT.

    (a) Provision and Enforcement.--The Secretary shall provide, and
    directors of Job Corps centers shall stringently enforce, standards of
    conduct within the centers. Such standards of conduct shall include
    provisions forbidding the actions described in subsection (b)(2)(A).
    (b) Disciplinary Measures.--
    (1) In general.--To promote the proper behavioral standards
    in the Job Corps, the directors of Job Corps centers shall have
    the authority to take appropriate disciplinary measures against
    enrollees if such a director determines that an enrollee has
    committed a violation of the standards of conduct. The director
    shall dismiss the enrollee from the Job Corps if the director
    determines that the retention of the enrollee in the Job Corps
    will jeopardize the enforcement of such standards, threaten the
    safety of staff, students, or the local community, or diminish
    the opportunities of other enrollees.
    (2) Zero tolerance policy and drug testing.--
    (A) Guidelines.--The Secretary shall adopt
    guidelines establishing a zero tolerance policy for an
    act of violence, for use, sale, or possession of a
    controlled substance, for abuse of alcohol, or for other
    illegal or disruptive activity.
    (B) Drug testing.--The Secretary shall require drug
    testing of all enrollees for controlled substances in
    accordance with procedures prescribed by the Secretary
    under section 145(a).

    [[Page 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. <>  COMMUNITY PARTICIPATION.

    (a) Business and Community Participation.--The director of each Job
    Corps center shall ensure the establishment and development of the
    mutually beneficial business and community relationships and networks
    described in subsection (b), including the use of local boards, in order
    to enhance the effectiveness of such centers.
    (b) Networks.--The activities carried out by each Job Corps center
    under this section shall include--
    (1) establishing and developing relationships and networks
    with--
    (A) local and distant employers, to the extent
    practicable, in coordination with entities carrying out
    other Federal and non-Federal programs that conduct
    similar outreach to employers;
    (B) applicable one-stop centers and applicable local
    boards, for the purpose of providing--
    (i) information to, and referral of, potential
    enrollees; and
    (ii) job opportunities for Job Corps
    graduates; and
    (C)(i) entities carrying out relevant apprenticeship
    programs and youth programs;
    (ii) labor-management organizations and local labor
    organizations;
    (iii) employers and contractors that support
    national training contractor programs; and
    (iv) community-based organizations, non-profit
    organizations, and intermediaries providing workforce
    development-related services; and
    (2) establishing and developing relationships with members
    of the community in which the Job Corps center is located,
    informing members of the community about the projects of the Job
    Corps center and changes in the rules, procedures, or activities
    of the center that may affect the community, and planning events
    of mutual interest to the community and the Job Corps center.

    (c) <>  New Centers.--The director of a Job
    Corps center that is not yet operating shall ensure the establishment
    and development of the relationships and networks described in
    subsection (b) at least 3 months prior to the date on which the center
    accepts the first enrollee at the center.

    [[Page 1551]]

    SEC. 154. <>  WORKFORCE COUNCILS.

    (a) <>  In General.--Each Job
    Corps center shall have a workforce council, appointed by the director
    of the center, in accordance with procedures established by the
    Secretary.

    (b) Workforce Council Composition.--
    (1) In general.--A workforce council shall be comprised of--
    (A) a majority of members who shall be owners of
    business concerns, chief executives or chief operating
    officers of nongovernmental employers, or other private
    sector employers, who--
    (i) have substantial management, hiring, or
    policy responsibility; and
    (ii) represent businesses with employment
    opportunities that reflect the employment
    opportunities of the applicable local areas in
    which enrollees will be seeking employment;
    (B) representatives of labor organizations (where
    present) and representatives of employees; and
    (C) enrollees and graduates of the Job Corps.
    (2) Local board.--The workforce council may include members
    of the applicable local boards who meet the requirements
    described in paragraph (1).
    (3) Employers outside of local area.--The workforce council
    for a Job Corps center may include, or otherwise provide for
    consultation with, employers from outside the local area who are
    likely to hire a significant number of enrollees from the Job
    Corps center.
    (4) Special rule for single state local areas.--In the case
    of a single State local area designated under section 106(d),
    the workforce council shall include a representative of the
    State Board.

    (c) Responsibilities.--The responsibilities of the workforce council
    shall be--
    (1) to work closely with all applicable local boards in
    order to determine, and recommend to the Secretary, appropriate
    career and technical education and training for the center;
    (2) to review all the relevant labor market information,
    including related information in the State plan or the local
    plan, to--
    (A) recommend the in-demand industry sectors or
    occupations in the area in which the Job Corps center
    operates;
    (B) determine the employment opportunities in the
    local areas in which the enrollees intend to seek
    employment after graduation;
    (C) determine the skills and education that are
    necessary to obtain the employment opportunities; and
    (D) recommend to the Secretary the type of career
    and technical education and training that should be
    implemented at the center to enable the enrollees to
    obtain the employment opportunities; and
    (3) to meet at least once every 6 months to reevaluate the
    labor market information, and other relevant information, to
    determine, and recommend to the Secretary, any necessary changes
    in the career and technical education and training provided at
    the center.

    [[Page 1552]]

    (d) <>  New Centers.--The workforce council for
    a Job Corps center that is not yet operating shall carry out the
    responsibilities described in subsection (c) at least 3 months prior to
    the date on which the center accepts the first enrollee at the center.
    SEC. 155. <>  ADVISORY COMMITTEES.

    The Secretary may establish and use advisory committees in
    connection with the operation of the Job Corps program, and the
    operation of Job Corps centers, whenever the Secretary determines that
    the availability of outside advice and counsel on a regular basis would
    be of substantial benefit in identifying and overcoming problems, in
    planning program or center development, or in strengthening
    relationships between the Job Corps and agencies, institutions, or
    groups engaged in related activities.
    SEC. 156. <>  EXPERIMENTAL PROJECTS AND
    TECHNICAL ASSISTANCE.

    (a) Projects.--The Secretary may carry out experimental, research,
    or demonstration projects relating to carrying out the Job Corps
    program. <>  The Secretary may waive
    any provisions of this subtitle that the Secretary finds would prevent
    the Secretary from carrying out the projects if the Secretary informs
    the Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education, Labor, and
    Pensions of the Senate, in writing, not less than 90 days in advance of
    issuing such waiver.

    (b) Technical Assistance.--From the funds provided under section 162
    (for the purposes of administration), the Secretary may reserve \1/4\ of
    1 percent to provide, directly or through grants, contracts, or other
    agreements or arrangements as the Secretary considers appropriate,
    technical assistance for the Job Corps program for the purpose of
    improving program quality. Such assistance shall include--
    (1) assisting Job Corps centers and programs--
    (A) in correcting deficiencies under, and violations
    of, this subtitle;
    (B) in meeting or exceeding the expected levels of
    performance under section 159(c)(1) for the indicators
    of performance described in section 116(b)(2)(A);
    (C) in the development of sound management
    practices, including financial management procedures;
    and
    (2) assisting entities, including entities not currently
    operating a Job Corps center, in developing the additional
    selection factors information described in section 147(a)(3).
    SEC. 157. <>  APPLICATION OF PROVISIONS OF
    FEDERAL LAW.

    (a) Enrollees Not Considered To Be Federal Employees.--
    (1) In general.--Except as otherwise provided in this
    subsection and in section 8143(a) of title 5, United States
    Code, enrollees shall not be considered to be Federal employees
    and shall not be subject to the provisions of law relating to
    Federal employment, including such provisions regarding hours of
    work, rates of compensation, leave, unemployment compensation,
    and Federal employee benefits.
    (2) Provisions relating to taxes and social security
    benefits.--For purposes of the Internal Revenue Code of 1986 and
    title II of the Social Security Act (42 U.S.C. 401 et seq.),
    enrollees shall be deemed to be employees of the United States
    and any service performed by an individual as an enrollee

    [[Page 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. <>  SPECIAL PROVISIONS.

    (a) Enrollment.--The Secretary shall ensure that women and men have
    an equal opportunity to participate in the Job Corps program, consistent
    with section 145.
    (b) Studies, Evaluations, Proposals, and Data.--The Secretary shall
    assure that all studies, evaluations, proposals, and data produced or
    developed with Federal funds in the course of carrying out the Job Corps
    program shall become the property of the United States.
    (c) Transfer of Property.--
    (1) In general.--Notwithstanding chapter 5 of title 40,
    United States Code, and any other provision of law, the
    Secretary and the Secretary of Education shall receive priority
    by the Secretary of Defense for the direct transfer, on a
    nonreimbursable basis, of the property described in paragraph
    (2) for use in carrying out programs under this Act or under any
    other Act.
    (2) <>  Property.--The property
    described in this paragraph is real and personal property under
    the control of the Department of Defense that is not used by
    such Department, including property that the Secretary of
    Defense determines is in excess of current and projected
    requirements of such Department.

    (d) Gross Receipts.--Transactions conducted by a private for-profit
    or nonprofit entity that is an operator or service provider for a Job
    Corps center shall not be considered to be generating gross receipts.
    Such an operator or service provider shall not be liable, directly or
    indirectly, to any State or subdivision of a State (nor to any person
    acting on behalf of such a State or subdivision) for any gross receipts
    taxes, business privilege taxes measured

    [[Page 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. <>  MANAGEMENT INFORMATION.

    (a) Financial Management Information System.--
    (1) <>  In general.--The Secretary shall
    establish procedures to ensure that each operator, and each
    service provider, maintains a financial management information
    system that will provide--
    (A) accurate, complete, and current disclosures of
    the costs of Job Corps operations; and
    (B) sufficient data for the effective evaluation of
    activities carried out through the Job Corps program.
    (2) Accounts.--Each operator and service provider shall
    maintain funds received under this subtitle in accounts in a
    manner that ensures timely and accurate reporting as required by
    the Secretary.
    (3) Fiscal responsibility.--Operators shall remain fiscally
    responsible and control costs, regardless of whether the funds
    made available for Job Corps centers are incrementally increased
    or decreased between fiscal years.

    (b) Audit.--
    (1) Access.--The Secretary, the Inspector General of the
    Department of Labor, the Comptroller General of the United
    States, and any of their duly authorized representatives, shall
    have access to any books, documents, papers, and records of the
    operators and service providers described in subsection (a) that
    are pertinent to the Job Corps program, for purposes of
    conducting surveys, audits, and evaluations of the operators and
    service providers.
    (2) Surveys, audits, and evaluations.--The Secretary shall
    survey, audit, or evaluate, or arrange for the survey, audit, or
    evaluation of, the operators and service providers, using
    Federal auditors or independent public accountants. <>  The

    [[Page 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 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) <>  Performance improvement.--With respect
    to a Job Corps center that fails to meet the expected levels of
    performance relating to the primary indicators of performance
    specified in subsection (c)(1), the Secretary shall develop and
    implement a performance improvement plan. <>  Such a plan shall require action to be taken during a
    1-year period, including--
    (A) providing technical assistance to the center;

    [[Page 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) <>  Civilian conservation
    centers.--With respect to a Civilian Conservation Center that
    fails to meet the expected levels of performance relating to the
    primary indicators of performance specified in subsection (c)(1)
    or fails to improve performance as described in paragraph (2)
    after 3 program years, the Secretary, in consultation with the
    Secretary of Agriculture, shall select an entity to operate the
    Civilian Conservation Center on a competitive basis, in
    accordance with the requirements of section 147.

    (g) Participant Health and Safety.--
    (1) <>  Center.--The Secretary shall ensure
    that a review by an appropriate Federal, State, or local entity
    of the physical condition and health-related activities of each
    Job Corps center occurs annually.
    (2) <>  Work-based learning locations.--
    The Secretary shall require that an entity that has entered into
    a contract to provide work-based learning activities for any Job
    Corps enrollee under this subtitle shall comply with the
    Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
    seq.) or, as appropriate, under the corresponding State
    Occupational Safety and Health Act of 1970 requirements in the
    State in which such activities occur.

    (h) <>  Buildings and Facilities.--The Secretary
    shall collect, and submit in the report described in subsection (c)(4),
    information regarding the state of Job Corps buildings and facilities.
    Such report shall include--
    (1) a review of requested construction, rehabilitation, and
    acquisition projects, by each Job Corps center; and
    (2) a review of new facilities under construction.

    (i) National and Community Service.--The Secretary shall include in
    the report described in subsection (c)(4) available information
    regarding the national and community service activities of enrollees,
    particularly those enrollees at Civilian Conservation Centers.
    (j) Closure of Job Corps Center.--Prior to the closure of any Job
    Corps center, the Secretary shall ensure--
    (1) <>  that the proposed decision to close the center
    is announced in advance to the general public through
    publication in the Federal Register or other appropriate means;
    (2) the establishment of a reasonable comment period, not to
    exceed 30 days, for interested individuals to submit written
    comments to the Secretary; and

    [[Page 1558]]

    (3) <>  that the Member of Congress who
    represents the district in which such center is located is
    notified within a reasonable period of time in advance of any
    final decision to close the center.
    SEC. 160. <>  GENERAL PROVISIONS.

    The Secretary is authorized to--
    (1) <>  disseminate, with regard to
    the provisions of section 3204 of title 39, United States Code,
    data and information in such forms as the Secretary shall
    determine to be appropriate, to public agencies, private
    organizations, and the general public;
    (2) subject to section 157(b), collect or compromise all
    obligations to or held by the Secretary and exercise all legal
    or equitable rights accruing to the Secretary in connection with
    the payment of obligations until such time as such obligations
    may be referred to the Attorney General for suit or collection;
    and
    (3) expend funds made available for purposes of this
    subtitle--
    (A) for printing and binding, in accordance with
    applicable law (including regulation); and
    (B) without regard to any other law (including
    regulation), for rent of buildings and space in
    buildings and for repair, alteration, and improvement of
    buildings and space in buildings rented by the
    Secretary, except that the Secretary shall not expend
    funds under the authority of this subparagraph--
    (i) except when necessary to obtain an item,
    service, or facility, that is required in the
    proper administration of this subtitle, and that
    otherwise could not be obtained, or could not be
    obtained in the quantity or quality needed, or at
    the time, in the form, or under the conditions in
    which the item, service, or facility is needed;
    and
    (ii) prior to having given written
    notification to the Administrator of General
    Services (if the expenditure would affect an
    activity that otherwise would be under the
    jurisdiction of the General Services
    Administration) of the intention of the Secretary
    to make the expenditure, and the reasons and
    justifications for the expenditure.
    SEC. 161. <>  JOB CORPS OVERSIGHT AND
    REPORTING.

    (a) Temporary Financial Reporting.--
    (1) In general.--During the periods described in paragraphs
    (2) and (3)(B), the Secretary shall prepare and submit to the
    applicable committees financial reports regarding the Job Corps
    program under this subtitle. Each such financial report shall
    include--
    (A) information regarding the implementation of the
    financial oversight measures suggested in the May 31,
    2013, report of the Office of Inspector General of the
    Department of Labor entitled ``The U.S. Department of
    Labor's Employment and Training Administration Needs to
    Strengthen Controls over Job Corps Funds'';

    [[Page 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) <>  Timing of reports.--The
    Secretary shall submit a financial report under paragraph (1)
    once every 6 months beginning on the date of enactment of this
    Act, for a 3-year period. After the completion of such 3-year
    period, the Secretary shall submit a financial report under such
    paragraph once a year for the next 2 years, unless additional
    reports are required under paragraph (3)(B).
    (3) Reporting requirements in cases of budgetary
    shortfalls.--If any financial report required under this
    subsection finds that the Job Corps program under this subtitle
    has a budgetary shortfall for the period covered by the report,
    the Secretary shall--
    (A) not later than 90 days after the budgetary
    shortfall was identified, submit a report to the
    applicable committees explaining how the budgetary
    shortfall will be addressed; and
    (B) submit an additional financial report under
    paragraph (1) for each 6-month period subsequent to the
    finding of the budgetary shortfall until the Secretary
    demonstrates, through such report, that the Job Corps
    program has no budgetary shortfall.

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

    (c) <>  Criteria for Job Corps
    Center Closures.--By not later than December 1, 2014, the Secretary
    shall establish written criteria that the Secretary shall use to
    determine when a Job Corps center supported under this subtitle is to be
    closed and how to carry out such closure, and shall submit such criteria
    to the applicable committees.

    (d) Definition of Applicable Committees.--In this section, the term
    ``applicable committees'' means--
    (1) the Committee on Education and the Workforce of the
    House of Representatives;
    (2) the Subcommittee on Labor, Health and Human Services,
    Education, and Related Agencies of the Committee of
    Appropriations of the House of Representatives;
    (3) the Committee on Health, Education, Labor, and Pensions
    of the Senate; and
    (4) the Subcommittee on Labor, Health and Human Services,
    Education, and Related Agencies of the Committee of
    Appropriations of the Senate.
    SEC. 162. <>  AUTHORIZATION OF APPROPRIATIONS.

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

    [[Page 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. <>  NATIVE AMERICAN PROGRAMS.

    (a) Purpose.--
    (1) In general.--The purpose of this section is to support
    employment and training activities for Indian, Alaska Native,
    and Native Hawaiian individuals in order--
    (A) to develop more fully the academic,
    occupational, and literacy skills of such individuals;
    (B) to make such individuals more competitive in the
    workforce and to equip them with the entrepreneurial
    skills necessary for successful self-employment; and
    (C) to promote the economic and social development
    of Indian, Alaska Native, and Native Hawaiian
    communities in accordance with the goals and values of
    such communities.
    (2) Indian policy.--All programs assisted under this section
    shall be administered in a manner consistent with the principles
    of the Indian Self-Determination and Education Assistance Act
    (25 U.S.C. 450 et seq.) and the government-to-government
    relationship between the Federal Government and Indian tribal
    governments.

    (b) Definitions.--As used in this section:
    (1) Alaska native.--The term ``Alaska Native'' includes a
    Native and a descendant of a Native, as such terms are defined
    in subsections (b) and (r) of section 3 of the Alaska Native
    Claims Settlement Act (43 U.S.C. 1602(b), (r)).
    (2) Indian, indian tribe, and tribal organization.--The
    terms ``Indian'', ``Indian tribe'', and ``tribal organization''
    have the meanings given such terms in subsections (d), (e), and
    (l), respectively, of section 4 of the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 450b).
    (3) Native hawaiian and native hawaiian organization.--The
    terms ``Native Hawaiian'' and ``Native Hawaiian organization''
    have the meanings given such terms in section 7207 of the Native
    Hawaiian Education Act (20 U.S.C. 7517).

    (c) <>  Program Authorized.--
    Every 4 years, the Secretary shall, on a competitive basis, make grants
    to, or enter into contracts or cooperative agreements with, Indian
    tribes, tribal organizations, Alaska Native entities, Indian-controlled
    organizations serving Indians, or Native Hawaiian organizations to carry
    out the authorized activities described in subsection (d).

    (d) Authorized Activities.--
    (1) In general.--Funds made available under subsection (c)
    shall be used to carry out the activities described in paragraph
    (2) that--
    (A) are consistent with this section; and
    (B) are necessary to meet the needs of Indians,
    Alaska Natives, or Native Hawaiians preparing to enter,
    reenter,

    [[Page 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 1562]]

    (1) Additional performance indicators and standards.--
    (A) <>
    Development of indicators and standards.--The Secretary,
    in consultation with the Native American Employment and
    Training Council, shall develop a set of performance
    indicators and standards that is in addition to the
    primary indicators of performance described in section
    116(b)(2)(A) and that shall be applicable to programs
    under this section.
    (B) Special considerations.--Such performance
    indicators and standards shall take into account--
    (i) the purpose of this section as described
    in subsection (a)(1);
    (ii) the needs of the groups served by this
    section, including the differences in needs among
    such groups in various geographic service areas;
    and
    (iii) the economic circumstances of the
    communities served, including differences in
    circumstances among various geographic service
    areas.
    (2) Agreement on adjusted levels of performance.--The
    Secretary and the entity described in subsection (c) shall reach
    agreement on the levels of performance for each of the primary
    indicators of performance described in section 116(b)(2)(A),
    taking into account economic conditions, characteristics of the
    individuals served, and other appropriate factors and using, to
    the extent practicable, the statistical adjustment model under
    section 116(b)(3)(A)(viii). The levels agreed to shall be the
    adjusted levels of performance and shall be incorporated in the
    program plan.

    (i) Administrative Provisions.--
    (1) Organizational unit established.--The Secretary shall
    designate a single organizational unit within the Department of
    Labor that shall have primary responsibility for the
    administration of the activities authorized under this section.
    (2) <>  Regulations.--The Secretary
    shall consult with the entities described in subsection (c) in--
    (A) establishing regulations to carry out this
    section, including regulations relating to the
    performance accountability measures for entities
    receiving assistance under this section; and
    (B) developing a funding distribution plan that
    takes into consideration previous levels of funding
    (prior to the date of enactment of this Act) to such
    entities.
    (3) Waivers.--
    (A) In general.--With respect to an entity described
    in subsection (c), the Secretary, notwithstanding any
    other provision of law, may, pursuant to a request
    submitted by such entity that meets the requirements
    established under subparagraph (B), waive any of the
    statutory or regulatory requirements of this title that
    are inconsistent with the specific needs of the entity
    described in such subsection, except that the Secretary
    may not waive requirements relating to wage and labor
    standards, worker rights, participation and protection
    of workers and participants, grievance procedures, and
    judicial review.
    (B) <>  Request and approval.--An
    entity described in subsection (c) that requests a
    waiver under subparagraph

    [[Page 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) <>  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 1564]]

    (j) <>  Compliance With Single Audit
    Requirements; Related Requirement.--Grants made and contracts and
    cooperative agreements entered into under this section shall be subject
    to the requirements of chapter 75 of subtitle V of title 31, United
    States Code, and charging of costs under this section shall be subject
    to appropriate circulars issued by the Office of Management and Budget.

    (k) Assistance to Unique Populations in Alaska and Hawaii.--
    (1) In general.--Notwithstanding any other provision of law,
    the Secretary is authorized to award grants, on a competitive
    basis, to entities with demonstrated experience and expertise in
    developing and implementing programs for the unique populations
    who reside in Alaska or Hawaii, including public and private
    nonprofit organizations, tribal organizations, American Indian
    tribal colleges or universities, institutions of higher
    education, or consortia of such organizations or institutions,
    to improve job training and workforce investment activities for
    such unique populations.
    (2) Authorization of appropriations.--There are authorized
    to be appropriated to carry out this subsection--
    (A) $461,000 for fiscal year 2015;
    (B) $497,000 for fiscal year 2016;
    (C) $507,000 for fiscal year 2017;
    (D) $518,000 for fiscal year 2018;
    (E) $530,000 for fiscal year 2019; and
    (F) $542,000 for fiscal year 2020.
    SEC. 167. <>
    MIGRANT AND SEASONAL FARMWORKER PROGRAMS.

    (a) In General.--Every 4 years, the Secretary shall, on a
    competitive basis, make grants to, or enter into contracts with,
    eligible entities to carry out the activities described in subsection
    (d).
    (b) Eligible Entities.--To be eligible to receive a grant or enter
    into a contract under this section, an entity shall have an
    understanding of the problems of eligible migrant and seasonal
    farmworkers (including dependents), a familiarity with the area to be
    served, and the ability to demonstrate a capacity to administer and
    deliver effectively a diversified program of workforce investment
    activities (including youth workforce investment activities) and related
    assistance for eligible migrant and seasonal farmworkers.
    (c) Program Plan.--
    (1) In general.--To be eligible to receive a grant or enter
    into a contract under this section, an entity described in
    subsection (b) shall submit to the Secretary a plan that
    describes a 4-year strategy for meeting the needs of eligible
    migrant and seasonal farmworkers in the area to be served by
    such entity.
    (2) Contents.--Such plan shall--
    (A) describe the population to be served and
    identify the education and employment needs of the
    population to be served and the manner in which the
    services to be provided will strengthen the ability of
    the eligible migrant and seasonal farmworkers and
    dependents to obtain or retain unsubsidized employment,
    or stabilize their unsubsidized employment, including
    upgraded employment in agriculture;

    [[Page 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 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) <>  Regulations.--The Secretary shall
    consult with eligible migrant and seasonal farmworkers groups and States
    in establishing regulations to carry out this section, including
    regulations relating to how economic and demographic barriers to
    employment of eligible migrant and seasonal farmworkers should be
    considered and included in the negotiations leading to the adjusted
    levels of performance described in subsection (c)(3).

    (g) Compliance With Single Audit Requirements; Related
    Requirement.--Grants made and contracts entered into under this section
    shall be subject to the requirements of chapter 75 of subtitle V of
    title 31, United States Code and charging of costs under this section
    shall be subject to appropriate circulars issued by the Office of
    Management and Budget.
    (h) Funding Allocation.--From the funds appropriated and made
    available to carry out this section, the Secretary shall reserve not
    more than 1 percent for discretionary purposes, such as providing
    technical assistance to eligible entities.
    (i) Definitions.--In this section:
    (1) Eligible migrant and seasonal farmworkers.--The term
    ``eligible migrant and seasonal farmworkers'' means individuals
    who are eligible migrant farmworkers or are eligible seasonal
    farmworkers.
    (2) Eligible migrant farmworker.--The term ``eligible
    migrant farmworker'' means--
    (A) an eligible seasonal farmworker described in
    paragraph (3)(A) whose agricultural labor requires
    travel to a job site such that the farmworker is unable
    to return to a permanent place of residence within the
    same day; and
    (B) a dependent of the farmworker described in
    subparagraph (A).
    (3) Eligible seasonal farmworker.--The term ``eligible
    seasonal farmworker'' means--
    (A) a low-income individual who--
    (i) for 12 consecutive months out of the 24
    months prior to application for the program
    involved, has been primarily employed in
    agricultural or fish farming labor that is
    characterized by chronic unemployment or
    underemployment; and
    (ii) faces multiple barriers to economic self-
    sufficiency; and
    (B) a dependent of the person described in
    subparagraph (A).
    SEC. 168. <>  TECHNICAL ASSISTANCE.

    (a) General Technical Assistance.--
    (1) In general.--The Secretary shall ensure that the
    Department has sufficient capacity to, and does, provide,
    coordinate, and support the development of, appropriate
    training, technical assistance, staff development, and other
    activities, including--
    (A) assistance in replicating programs of
    demonstrated effectiveness, to States and localities;

    [[Page 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) <>  In general.--In order
    to carry out paragraph (1) on behalf of a State or
    recipient of financial assistance under section 166 or
    167, the Secretary, after consultation with the State or
    grant recipient, may award grants or enter into
    contracts or cooperative agreements.
    (B) <>  Limitation.--
    Grants or contracts awarded under paragraph (1) to
    entities other than States or local units of government
    that are for amounts in excess of $100,000 shall only be
    awarded on a competitive basis.

    (b) Dislocated Worker Technical Assistance.--
    (1) Authority.--Of the amounts available pursuant to section
    132(a)(2)(A), the Secretary shall reserve not more than 5
    percent of such amounts to provide technical assistance to
    States that do not meet the State performance accountability
    measures for the primary indicators of performance described in
    section 116(b)(2)(A)(i) with respect to employment and training
    activities for dislocated workers. Using such reserved funds,
    the Secretary may provide such assistance to other States, local
    areas, and other entities involved in providing assistance to
    dislocated workers, to promote the continuous improvement of
    assistance provided to dislocated workers, under this title.
    (2) Training.--Amounts reserved under this subsection may be
    used to provide for the training of staff, including
    specialists, who provide rapid response services. Such training
    shall include instruction in proven methods of promoting,
    establishing, and assisting labor-management committees. Such
    projects shall be administered through the Employment and
    Training Administration of the Department.

    (c) Promising and Proven Practices Coordination.--The Secretary
    shall--
    (1) establish a system through which States may share
    information regarding promising and proven practices with

    [[Page 1568]]

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

    (a) Evaluations.--
    (1) Evaluations of programs and activities carried out under
    this title.--
    (A) In general.--For the purpose of improving the
    management and effectiveness of programs and activities
    carried out under this title, the Secretary, through
    grants, contracts, or cooperative agreements, shall
    provide for the continuing evaluation of the programs
    and activities under this title, including those
    programs and activities carried out under this section.
    (B) Periodic independent evaluation.--The
    evaluations carried out under this paragraph shall
    include an independent evaluation, at least once every 4
    years, of the programs and activities carried out under
    this title.
    (2) Evaluation subjects.--Each evaluation carried out under
    paragraph (1) shall address--
    (A) the general effectiveness of such programs and
    activities in relation to their cost, including the
    extent to which the programs and activities--
    (i) improve the employment competencies of
    participants in comparison to comparably-situated
    individuals who did not participate in such
    programs and activities; and
    (ii) to the extent feasible, increase the
    level of total employment over the level that
    would have existed in the absence of such programs
    and activities;
    (B) the effectiveness of the performance
    accountability measures relating to such programs and
    activities;
    (C) the effectiveness of the structure and
    mechanisms for delivery of services through such
    programs and activities, including the coordination and
    integration of services through such programs and
    activities;
    (D) the impact of such programs and activities on
    the community, businesses, and participants involved;
    (E) the impact of such programs and activities on
    related programs and activities;
    (F) the extent to which such programs and activities
    meet the needs of various demographic groups; and
    (G) such other factors as may be appropriate.
    (3) Evaluations of other programs and activities.--The
    Secretary may conduct evaluations of other federally funded
    employment-related programs and activities under other
    provisions of law.
    (4) Techniques.--Evaluations conducted under this subsection
    shall utilize appropriate and rigorous methodology and research
    designs, including the use of control groups chosen by
    scientific random assignment methodologies. The Secretary shall
    conduct at least 1 multisite control group evaluation under

    [[Page 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) <>  Public availability.--Not later
    than 30 days after the date the Secretary transmits the final
    report as described in paragraph (6), the Secretary shall make
    that final report available to the general public on the
    Internet, on the Web site of the Department of Labor.
    (8) <>  Publication of
    reports.--If an entity that enters into a contract or other
    arrangement with the Secretary to conduct an evaluation of a
    program or activity under this subsection requests permission
    from the Secretary to publish a report resulting from the
    evaluation, such entity may publish the report unless the
    Secretary denies the request during the 90-day period beginning
    on the date the Secretary receives such request.
    (9) Coordination.--The Secretary shall ensure the
    coordination of evaluations carried out by States pursuant to
    section 116(e) with the evaluations carried out under this
    subsection.

    (b) Research, Studies, and Multistate Projects.--
    (1) <>  In general.--After consultation with
    States, localities, and other interested parties, the Secretary
    shall, every 2 years, publish in the Federal Register, a plan
    that describes the research, studies, and multistate project
    priorities of the Department of Labor concerning employment and
    training for the 5-year period following the submission of the
    plan. The plan shall be consistent with the purposes of this
    title, including the purpose of aligning and coordinating core
    programs with other one-stop partner programs. Copies of the
    plan shall be transmitted to the Committee on Education and the
    Workforce of the House of Representatives, the Committee on
    Health, Education, Labor, and Pensions of the Senate, the
    Department of Education, and other relevant Federal agencies.
    (2) Factors.--The plan published under paragraph (1) shall
    contain strategies to address national employment and training
    problems and take into account factors such as--
    (A) the availability of existing research (as of the
    date of the publication);
    (B) the need to ensure results that have interstate
    validity;
    (C) the benefits of economies of scale and the
    efficiency of proposed projects; and

    [[Page 1570]]

    (D) the likelihood that the results of the projects
    will be useful to policymakers and stakeholders in
    addressing employment and training problems.
    (3) <>  Research projects.--The
    Secretary shall, through grants or contracts, carry out research
    projects that will contribute to the solution of employment and
    training problems in the United States and that are consistent
    with the priorities specified in the plan published under
    paragraph (1).
    (4) Studies and reports.--
    (A) Net impact studies and reports.--The Secretary
    of Labor, in coordination with the Secretary of
    Education and other relevant Federal agencies, may
    conduct studies to determine the net impact and best
    practices of programs, services, and activities carried
    out under this Act.
    (B) Study on resources available to assist
    disconnected youth.--The Secretary of Labor, in
    coordination with the Secretary of Education, may
    conduct a study examining the characteristics of
    eligible youth that result in such youth being
    significantly disconnected from education and workforce
    participation, the ways in which such youth could have
    greater opportunities for education attainment and
    obtaining employment, and the resources available to
    assist such youth in obtaining the skills, credentials,
    and work experience necessary to become economically
    self-sufficient.
    (C) Study of effectiveness of workforce development
    system in meeting business needs.--Using funds available
    to carry out this subsection jointly with funds
    available to the Secretary of Commerce, the
    Administrator of the Small Business Administration, and
    the Secretary of Education, the Secretary of Labor, in
    coordination with the Secretary of Commerce, the
    Administrator of the Small Business Administration, and
    the Secretary of Education, may conduct a study of the
    effectiveness of the workforce development system in
    meeting the needs of business, such as through the use
    of industry or sector partnerships, with particular
    attention to the needs of small business, including in
    assisting workers to obtain the skills needed to utilize
    emerging technologies.
    (D) Study on participants entering nontraditional
    occupations.--The Secretary of Labor, in coordination
    with the Secretary of Education, may conduct a study
    examining the number and percentage of individuals who
    receive employment and training activities and who enter
    nontraditional occupations, successful strategies to
    place and support the retention of individuals in
    nontraditional employment (such as by providing post-
    placement assistance to participants in the form of exit
    interviews, mentoring, networking, and leadership
    development), and the degree to which recipients of
    employment and training activities are informed of the
    possibility of, or directed to begin, training or
    education needed for entrance into nontraditional
    occupations.
    (E) Study on performance indicators.--The Secretary
    of Labor, in coordination with the Secretary of
    Education, may conduct studies to determine the
    feasibility

    [[Page 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 <> 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 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) <>  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 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. <>  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 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) <>  Decisions and obligations.--The
    Secretary shall issue a final decision on an application for a
    national dislocated worker grant under this subsection not later
    than 45 calendar days after receipt of the
    application. <> The Secretary shall
    issue a notice of obligation for such grant not later than 10
    days after the award of such grant.

    (c) Employment and Training Assistance Requirements.--
    (1) Grant recipient eligibility.--
    (A) Application.--To be eligible to receive a grant
    under subsection (b)(1)(A), an entity shall submit an
    application to the Secretary at such time, in such
    manner, and containing such information as the Secretary
    may require.
    (B) Eligible entity.--In this paragraph, the term
    ``entity'' means a State, a local board, an entity
    described in section 166(c), an entity determined to be
    eligible by the Governor of the State involved, and any
    other entity that demonstrates to the Secretary the
    capability to effectively respond to the circumstances
    relating to particular dislocations.
    (2) Participant eligibility.--
    (A) In general.--In order to be eligible to receive
    employment and training assistance under a national
    dislocated worker grant awarded pursuant to subsection
    (b)(1)(A), an individual shall be--
    (i) a dislocated worker;
    (ii) <>  a civilian
    employee of the Department of Defense or the
    Department of Energy employed at a military
    installation that is being closed, or that will
    undergo realignment, within the next 24 months
    after the date of the determination of
    eligibility;
    (iii) <>  an individual
    who is employed in a nonmanagerial position with a
    Department of Defense contractor, who is
    determined by the Secretary of Defense to be at
    risk of termination from employment as a result of
    reductions in defense expenditures, and whose
    employer is converting operations from defense to
    nondefense applications in order to prevent worker
    layoffs; or
    (iv) a member of the Armed Forces who--
    (I) was on active duty or full-time
    National Guard duty;
    (II)(aa) is involuntarily separated
    (as defined in section 1141 of title 10,
    United States Code) from active duty or
    full-time National Guard duty; or
    (bb) is separated from active duty
    or full-time National Guard duty
    pursuant to a special separation
    benefits program under section 1174a of
    title

    [[Page 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) <>  applies for such employment and
    training assistance before the end of
    the 180-day period beginning on the date
    of that separation.
    (B) Retraining assistance.--The individuals
    described in subparagraph (A)(iii) shall be eligible for
    retraining assistance to upgrade skills by obtaining
    marketable skills needed to support the conversion
    described in subparagraph (A)(iii).
    (C) <>  Additional
    requirements.--The Secretary shall establish and publish
    additional requirements related to eligibility for
    employment and training assistance under the national
    dislocated worker grants to ensure effective use of the
    funds available for this purpose.
    (D) Definitions.--In this paragraph, the terms
    ``military installation'' and ``realignment'' have the
    meanings given the terms in section 2910 of the Defense
    Base Closure and Realignment Act of 1990 (Public Law
    101-510; 10 U.S.C. 2687 note).

    (d) Disaster Relief Employment Assistance Requirements.--
    (1) In general.--Funds made available under subsection
    (b)(1)(B)--
    (A) shall be used, in coordination with the
    Administrator of the Federal Emergency Management
    Agency, as applicable, to provide disaster relief
    employment on projects that provide food, clothing,
    shelter, and other humanitarian assistance for emergency
    and disaster victims, and projects regarding demolition,
    cleaning, repair, renovation, and reconstruction of
    damaged and destroyed structures, facilities, and lands
    located within the disaster area and in offshore areas
    related to the emergency or disaster;
    (B) may be expended through public and private
    agencies and organizations engaged in such projects; and
    (C) may be expended to provide employment and
    training activities.
    (2) Eligibility.--An individual shall be eligible to be
    offered disaster relief employment under subsection (b)(1)(B) if
    such individual--
    (A) is a dislocated worker;
    (B) is a long-term unemployed individual;
    (C) is temporarily or permanently laid off as a
    consequence of the emergency or disaster; or
    (D) in the case of an individual who is self-
    employed, becomes unemployed or significantly
    underemployed as a result of the emergency or disaster.
    (3) <>  Limitations on disaster relief
    employment.--
    (A) In general.--Except as provided in subparagraph
    (B), no individual shall be employed under subsection
    (b)(1)(B) for more than 12 months for work related to
    recovery from a single emergency or disaster.

    [[Page 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. <> Under
    conditions determined by the Secretary and following
    notification to the Secretary, a State may use such funds, that
    are appropriated for any fiscal year and available for
    expenditure under any grant awarded to the State under this
    section, to provide any assistance authorized under this
    subsection. Funds used pursuant to the authority provided under
    this paragraph shall be subject to the liability and
    reimbursement requirements described in paragraph (5).
    (5) Liability and reimbursement.--Nothing in this Act shall
    be construed to relieve liability, by a responsible party that
    is liable under Federal law, for any costs incurred by the
    United States under subsection (b)(1)(B) or this subsection,
    including the responsibility to provide reimbursement for such
    costs to the United States.
    SEC. 171. <>  YOUTHBUILD PROGRAM.

    (a) Statement of Purpose.--The purposes of this section are--
    (1) to enable disadvantaged youth to obtain the education
    and employment skills necessary to achieve economic self-
    sufficiency in occupations in demand and postsecondary education
    and training opportunities;
    (2) to provide disadvantaged youth with opportunities for
    meaningful work and service to their communities;
    (3) to foster the development of employment and leadership
    skills and commitment to community development among youth in
    low-income communities;
    (4) to expand the supply of permanent affordable housing for
    homeless individuals and low-income families by utilizing the
    energies and talents of disadvantaged youth; and
    (5) to improve the quality and energy efficiency of
    community and other nonprofit and public facilities, including
    those facilities that are used to serve homeless and low-income
    families.

    (b) Definitions.--In this section:
    (1) Adjusted income.--The term ``adjusted income'' has the
    meaning given the term in section 3(b) of the United States
    Housing Act of 1937 (42 U.S.C. 1437a(b)).
    (2) Applicant.--The term ``applicant'' means an eligible
    entity that has submitted an application under subsection (c).
    (3) Eligible entity.--The term ``eligible entity'' means a
    public or private nonprofit agency or organization (including a
    consortium of such agencies or organizations), including--
    (A) a community-based organization;
    (B) a faith-based organization;
    (C) an entity carrying out activities under this
    title, such as a local board;
    (D) a community action agency;

    [[Page 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 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 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 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 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) <>  a
    certification, by a public official responsible
    for the housing strategy for the State or unit of
    general local government within which the proposed
    program is located, that the proposed program is
    consistent with the housing strategy; and
    (xxi) <>  a
    certification that the applicant will comply with
    the requirements of the Fair Housing Act (42
    U.S.C. 3601 et seq.) and will affirmatively
    further fair housing.
    (4) Selection criteria.--For an applicant to be eligible to
    receive a grant under this subsection, the applicant and the
    applicant's proposed program shall meet such selection criteria
    as the Secretary shall establish under this section, which shall
    include criteria relating to--
    (A) the qualifications or potential capabilities of
    an applicant;
    (B) an applicant's potential for developing a
    successful YouthBuild program;

    [[Page 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) <>  Approval.--To the
    extent practicable, the Secretary shall notify each applicant,
    not later than 5 months after the

    [[Page 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) <>  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 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 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. <>  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 1586]]

    Subtitle E--Administration

    SEC. 181. <>  REQUIREMENTS AND RESTRICTIONS.

    (a) Benefits.--
    (1) Wages.--
    (A) In general.--Individuals in on-the-job training
    or individuals employed in activities under this title
    shall be compensated at the same rates, including
    periodic increases, as trainees or employees who are
    similarly situated in similar occupations by the same
    employer and who have similar training, experience, and
    skills, and such rates shall be in accordance with
    applicable law, but in no event less than the higher of
    the rate specified in section 6(a)(1) of the Fair Labor
    Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
    applicable State or local minimum wage law.
    (B) Rule of construction.--The reference in
    subparagraph (A) to section 6(a)(1) of the Fair Labor
    Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall not be
    applicable for individuals in territorial jurisdictions
    in which section 6(a)(1) of the Fair Labor Standards Act
    of 1938 (29 U.S.C. 206(a)(1)) does not apply.
    (2) Treatment of allowances, earnings, and payments.--
    Allowances, earnings, and payments to individuals participating
    in programs under this title shall not be considered as income
    for the purposes of determining eligibility for and the amount
    of income transfer and in-kind aid furnished under any Federal
    or federally assisted program based on need, other than as
    provided under the Social Security Act (42 U.S.C. 301 et seq.).

    (b) Labor Standards.--
    (1) Limitations on activities that impact wages of
    employees.--No funds provided under this title shall be used to
    pay the wages of incumbent employees during their participation
    in economic development activities provided through a statewide
    workforce development system.
    (2) Displacement.--
    (A) Prohibition.--A participant in a program or
    activity authorized under this title (referred to in
    this section as a ``specified activity'') shall not
    displace (including a partial displacement, such as a
    reduction in the hours of nonovertime work, wages, or
    employment benefits) any currently employed employee (as
    of the date of the participation).
    (B) Prohibition on impairment of contracts.--A
    specified activity shall not impair an existing contract
    for services or collective bargaining agreement, and no
    such activity that would be inconsistent with the terms
    of a collective bargaining agreement shall be undertaken
    without the written concurrence of the labor
    organization and employer concerned.
    (3) Other prohibitions.--A participant in a specified
    activity shall not be employed in a job if--
    (A) any other individual is on layoff from the same
    or any substantially equivalent job;

    [[Page 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) <>  Health and safety.--Health and
    safety standards established under Federal and State law
    otherwise applicable to working conditions of employees shall be
    equally applicable to working conditions of participants engaged
    in specified activities. To the extent that a State workers'
    compensation law applies, workers' compensation shall be
    provided to participants on the same basis as the compensation
    is provided to other individuals in the State in similar
    employment.
    (5) Employment conditions.--Individuals in on-the-job
    training or individuals employed in programs and activities
    under this title shall be provided benefits and working
    conditions at the same level and to the same extent as other
    trainees or employees working a similar length of time and doing
    the same type of work.
    (6) Opportunity to submit comments.--Interested members of
    the public, including representatives of businesses and of labor
    organizations, shall be provided an opportunity to submit
    comments to the Secretary with respect to programs and
    activities proposed to be funded under subtitle B.
    (7) No impact on union organizing.--Each recipient of funds
    under this title shall provide to the Secretary assurances that
    none of such funds will be used to assist, promote, or deter
    union organizing.

    (c) Grievance Procedure.--
    (1) In general.--Each State and local area receiving an
    allotment or allocation under this title shall establish and
    maintain a procedure for grievances or complaints alleging
    violations of the requirements of this title from participants
    and other interested or affected
    parties. <> Such procedure shall
    include an opportunity for a hearing and be completed within 60
    days after the filing of the grievance or complaint.
    (2) <>  Investigation.--
    (A) In general.--The Secretary shall investigate an
    allegation of a violation described in paragraph (1)
    if--
    (i) a decision relating to such violation has
    not been reached within 60 days after the date of
    the filing of the grievance or complaint and
    either party appeals to the Secretary; or
    (ii) a decision relating to such violation has
    been reached within such 60 days and the party to
    which such decision is adverse appeals such
    decision to the Secretary.
    (B) <>  Additional
    requirement.--The Secretary shall make a final
    determination relating to an appeal made under
    subparagraph (A) no later than 120 days after receiving
    such appeal.
    (3) Remedies.--Remedies that may be imposed under this
    section for a violation of any requirement of this title shall
    be limited--

    [[Page 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) <>  Prohibition on use of funds after
    relocation.--No funds provided under this title for an
    employment or training activity shall be used for customized or
    skill training, on-the-job training, incumbent worker training,
    transitional employment, or company-specific assessments of job
    applicants or employees, for any business or part of a business
    that has relocated, until the date that is 120 days after the
    date on which such business commences operations at the new
    location, if the relocation of such business or part of a
    business results in a loss of employment for any employee of
    such business at the original location and such original
    location is within the United States.
    (3) <>  Repayment.--If the Secretary
    determines that a violation of paragraph (1) or (2) has
    occurred, the Secretary shall require the State that has
    violated such paragraph (or that has provided funding to an
    entity that has violated such paragraph) to repay to the United
    States an amount equal to the amount expended in violation of
    such paragraph.

    (e) Limitation on Use of Funds.--No funds available to carry out an
    activity under this title shall be used for employment generating
    activities, investment in revolving loan funds, capitalization of
    businesses, investment in contract bidding resource centers, economic
    development activities, or similar activities, that are not directly
    related to training for eligible individuals under this title. No funds
    received to carry out an activity under subtitle B shall be used for
    foreign travel.
    (f) Testing and Sanctioning for Use of Controlled Substances.--
    (1) In general.--Notwithstanding any other provision of law,
    a State shall not be prohibited by the Federal Government from--
    (A) testing participants in programs under subtitle
    B for the use of controlled substances; and
    (B) sanctioning such participants who test positive
    for the use of such controlled substances.

    [[Page 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) <>  Privacy.--A State shall
    establish procedures for testing participants for the
    use of controlled substances that ensure a maximum
    degree of privacy for the participants.
    (3) Funding requirement.--In testing and sanctioning of
    participants for the use of controlled substances in accordance
    with this subsection, the only Federal funds that a State may
    use are the amounts made available for the administration of
    statewide workforce investment activities under section
    134(a)(3)(B).

    (g) Subgrant Authority.--A recipient of grant funds under this title
    shall have the authority to enter into subgrants in order to carry out
    the grant, subject to such conditions as the Secretary may establish.
    SEC. 182. <>  PROMPT ALLOCATION OF
    FUNDS.

    (a) Allotments Based on Latest Available Data.--All allotments to
    States and grants to outlying areas under this title shall be based on
    the latest available data and estimates satisfactory to the Secretary.
    All data relating to disadvantaged adults and disadvantaged youth shall
    be based on the most recent satisfactory data from the Bureau of the
    Census.
    (b) Publication in Federal Register Relating to Formula Funds.--
    Whenever the Secretary allots funds required to be allotted under this
    title, the Secretary shall publish in a timely fashion in the Federal
    Register the amount proposed to be distributed to each recipient of the
    funds.
    (c) <>  Requirement for Funds Distributed by
    Formula.--All funds required to be allotted under section 127 or 132
    shall be allotted within 45 days after the date of enactment of the Act
    appropriating the funds, except that, if such funds are appropriated in
    advance as authorized by section 189(g), such funds shall be allotted or
    allocated not later than the March 31 preceding the program year for
    which such funds are to be available for obligation.

    (d) <>  Publication in Federal Register Relating to
    Discretionary Funds.--Whenever the Secretary utilizes a formula to allot
    or allocate funds made available for distribution at the Secretary's
    discretion under this title, the Secretary shall, not later than 30 days
    prior to such allotment or allocation, publish for comment in the
    Federal Register the formula, the rationale for the formula, and the
    proposed amounts to be distributed to each

    [[Page 1590]]

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

    (e) <>  Availability of Funds.--Funds shall be
    made available under section 128, and funds shall be made available
    under section 133, for a local area not later than 30 days after the
    date the funds are made available to the Governor involved, under
    section 127 or 132 (as the case may be), or 7 days after the date the
    local plan for the area is approved, whichever is later.
    SEC. 183. <>  MONITORING.

    (a) In General.--The Secretary is authorized to monitor all
    recipients of financial assistance under this title to determine whether
    the recipients are complying with the provisions of this title,
    including the regulations issued under this title.
    (b) Investigations.--The Secretary may investigate any matter the
    Secretary determines to be necessary to determine the compliance of the
    recipients with this title, including the regulations issued under this
    title. The investigations authorized by this subsection may include
    examining records (including making certified copies of the records),
    questioning employees, and entering any premises or onto any site in
    which any part of a program or activity of such a recipient is conducted
    or in which any of the records of the recipient are kept.
    (c) <>  Additional Requirement.--For the
    purpose of any investigation or hearing conducted under this title by
    the Secretary, the provisions of section 9 of the Federal Trade
    Commission Act (15 U.S.C. 49) (relating to the attendance of witnesses
    and the production of documents) apply to the Secretary, in the same
    manner and to the same extent as the provisions apply to the Federal
    Trade Commission.
    SEC. 184. <>  FISCAL CONTROLS; SANCTIONS.

    (a) Establishment of Fiscal Controls by States.--
    (1) <>  In general.--Each State shall
    establish such fiscal control and fund accounting procedures as
    may be necessary to assure the proper disbursal of, and
    accounting for, Federal funds allocated to local areas under
    subtitle B. Such procedures shall ensure that all financial
    transactions carried out under subtitle B are conducted and
    records maintained in accordance with generally accepted
    accounting principles applicable in each State.
    (2) Cost principles.--
    (A) <>  In general.--Each State
    (including the Governor of the State), local area
    (including the chief elected official for the area), and
    provider receiving funds under this title shall comply
    with the applicable uniform cost principles included in
    appropriate circulars or rules of the Office of
    Management and Budget for the type of entity receiving
    the funds.
    (B) Exception.--The funds made available to a State
    for administration of statewide workforce investment
    activities in accordance with section 134(a)(3)(B) shall
    be allocable to the overall administration of workforce
    investment activities, but need not be specifically
    allocable to--
    (i) the administration of adult employment and
    training activities;

    [[Page 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) <>  In general.--Each State
    (including the Governor of the State), local area
    (including the chief elected official for the area), and
    provider receiving funds under this title shall comply
    with the appropriate uniform administrative requirements
    for grants and agreements applicable for the type of
    entity receiving the funds, as promulgated in circulars
    or rules of the Office of Management and Budget.
    (B) <>  Additional requirement.--
    Procurement transactions under this title between local
    boards and units of State or local governments shall be
    conducted only on a cost-reimbursable basis.
    (4) Monitoring.--Each Governor of a State shall conduct on
    an annual basis onsite monitoring of each local area within the
    State to ensure compliance with the uniform administrative
    requirements referred to in paragraph (3).
    (5) <>  Action by governor.--If the
    Governor determines that a local area is not in compliance with
    the uniform administrative requirements referred to in paragraph
    (3), the Governor shall--
    (A) require corrective action to secure prompt
    compliance with the requirements; and
    (B) impose the sanctions provided under subsection
    (b) in the event of failure to take the required
    corrective action.
    (6) <>  Certification.--The Governor shall,
    every 2 years, certify to the Secretary that--
    (A) the State has implemented the uniform
    administrative requirements referred to in paragraph
    (3);
    (B) the State has monitored local areas to ensure
    compliance with the uniform administrative requirements
    as required under paragraph (4); and
    (C) the State has taken appropriate action to secure
    compliance with the requirements pursuant to paragraph
    (5).
    (7) <>  Action by the secretary.--If
    the Secretary determines that the Governor has not fulfilled the
    requirements of this subsection, the Secretary shall--
    (A) require corrective action to secure prompt
    compliance with the requirements of this subsection; and
    (B) impose the sanctions provided under subsection
    (e) in the event of failure of the Governor to take the
    required appropriate action to secure compliance with
    the requirements.

    (b) Substantial Violation.--
    (1) <>  Action by governor.--If, as a
    result of financial and compliance audits or otherwise, the
    Governor determines that there is a substantial violation of a
    specific provision of this title, and corrective action has not
    been taken, the Governor shall--
    (A) <>  issue a notice of intent to
    revoke approval of all or part of the local plan
    affected; or
    (B) <>  impose a
    reorganization plan, which may include--

    [[Page 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) <>  In general.--The
    actions taken by the Governor pursuant to subparagraphs
    (A) and (B) of paragraph (1) may be appealed to the
    Secretary and shall not become effective until--
    (i) the time for appeal has expired; or
    (ii) the Secretary has issued a decision.
    (B) <>  Additional requirement.--
    The Secretary shall make a final decision under
    subparagraph (A) not later than 45 days after the
    receipt of the appeal.
    (3) Action by the secretary.--If the Governor fails to take
    promptly an action required under paragraph (1), the Secretary
    shall take such action.

    (c) Repayment of Certain Amounts to the United States.--
    (1) In general.--Every recipient of funds under this title
    shall repay to the United States amounts found not to have been
    expended in accordance with this title.
    (2) <>  Offset of repayment amount.--
    If the Secretary determines that a State has expended funds
    received under this title in a manner contrary to the
    requirements of this title, the Secretary may require repayment
    by offsetting the amount of such expenditures against any other
    amount to which the State is or may be entitled under this
    title, except as provided under subsection (d)(1).
    (3) Repayment from deduction by state.--If the Secretary
    requires a State to repay funds as a result of a determination
    that a local area of the State has expended funds in a manner
    contrary to the requirements of this title, the Governor of the
    State may use an amount deducted under paragraph (4) to repay
    the funds, except as provided under subsection (e).
    (4) Deduction by state.--The Governor may deduct an amount
    equal to the misexpenditure described in paragraph (3) from
    subsequent program year (subsequent to the program year for
    which the determination was made) allocations to the local area
    from funds reserved for the administrative costs of the local
    programs involved, as appropriate.
    (5) Limitations.--A deduction made by a State as described
    in paragraph (4) shall not be made until such time as the
    Governor has taken appropriate corrective action to ensure full
    compliance with this title within such local area with regard to
    appropriate expenditures of funds under this title.

    (d) Repayment of Amounts.--
    (1) <>  In general.--Each recipient of
    funds under this title shall be liable to repay the amounts
    described in subsection (c)(1), from funds other than funds
    received under this title, upon a determination by the Secretary
    that the misexpenditure of the amounts was due to willful
    disregard of the requirements

    [[Page 1593]]

    of this title, gross negligence, failure to observe accepted
    standards of administration, or a pattern of misexpenditure
    described in subsection (c)(1). <> No such
    determination shall be made under this subsection or subsection
    (c) until notice and opportunity for a fair hearing have been
    given to the recipient.
    (2) <>  Factors in imposing
    sanctions.--In determining whether to impose any sanction
    authorized by this section against a recipient of funds under
    this title for violations of this title (including applicable
    regulations) by a subgrantee or contractor of such recipient,
    the Secretary shall first determine whether such recipient has
    adequately demonstrated that the recipient has--
    (A) established and adhered to an appropriate
    system, for entering into and monitoring subgrant
    agreements and contracts with subgrantees and
    contractors, that contains acceptable standards for
    ensuring accountability;
    (B) entered into a written subgrant agreement or
    contract with such a subgrantee or contractor that
    established clear goals and obligations in unambiguous
    terms;
    (C) acted with due diligence to monitor the
    implementation of the subgrant agreement or contract,
    including carrying out the appropriate monitoring
    activities (including audits) at reasonable intervals;
    and
    (D) taken prompt and appropriate corrective action
    upon becoming aware of any evidence of a violation of
    this title, including regulations issued under this
    title, by such subgrantee or contractor.
    (3) Waiver.--If the Secretary determines that the recipient
    has demonstrated substantial compliance with the requirements of
    paragraph (2), the Secretary may waive the imposition of
    sanctions authorized by this section upon such recipient. The
    Secretary is authorized to impose any sanction consistent with
    the provisions of this title and with any applicable Federal or
    State law directly against any subgrantee or contractor for
    violation of this title, including regulations issued under this
    title.

    (e) <>  Immediate Termination or Suspension of
    Assistance in Emergency Situations.--
    In <> emergency situations, if the Secretary
    determines it is necessary to protect the integrity of the funds or
    ensure the proper operation of the program or activity involved, the
    Secretary may immediately terminate or suspend financial assistance, in
    whole or in part, to the recipient if the recipient is given prompt
    notice and the opportunity for a subsequent hearing within 30 days after
    such termination or suspension. The Secretary shall not delegate any of
    the functions or authority specified in this subsection, other than to
    an officer whose appointment is required to be made by and with the
    advice and consent of the Senate.

    (f) <>  Discrimination Against
    Participants.--If the Secretary determines that any recipient under this
    title has discharged or in any other manner discriminated against a
    participant or against any individual in connection with the
    administration of the program involved, or against any individual
    because such individual has filed any complaint or instituted or caused
    to be instituted any proceeding under or related to this title, or has
    testified or is about to testify in any such proceeding or an
    investigation under

    [[Page 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. <>  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 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) <>  In general.--In carrying
    out any audit under this title (other than any initial
    audit survey or any audit investigating possible
    criminal or fraudulent conduct), either directly or
    through grant or contract, the Secretary, the Inspector
    General of the Department of Labor, or the Comptroller
    General of the United States shall furnish to the State,
    recipient, or other entity to be audited, advance
    notification of the overall objectives and purposes of
    the audit, and any extensive recordkeeping or data
    requirements to be met, not later than 14 days (or as
    soon as practicable) prior to the commencement of the
    audit.
    (B) Notification requirement.--If the scope,
    objectives, or purposes of the audit change
    substantially during the course of the audit, the entity
    being audited shall be notified of the change as soon as
    practicable.
    (C) Additional requirement.--The reports on the
    results of such audits shall cite the law, regulation,
    policy, or other criteria applicable to any finding
    contained in the reports.
    (D) Rule of construction.--Nothing contained in this
    title shall be construed so as to be inconsistent with
    the Inspector General Act of 1978 (5 U.S.C. App.) or
    government auditing standards issued by the Comptroller
    General of the United States.

    (c) <>  Grantee Information Responsibilities.--
    Each State, each local board, and each recipient (other than a
    subrecipient, subgrantee, or contractor of a recipient) receiving funds
    under this title--
    (1) shall make readily accessible such reports concerning
    its operations and expenditures as shall be prescribed by the
    Secretary;
    (2) <>  shall prescribe and maintain
    comparable management information systems, in accordance with
    guidelines that shall be prescribed by the Secretary, designed
    to facilitate the uniform compilation, cross tabulation, and
    analysis of programmatic, participant, and financial data, on
    statewide, local area, and other appropriate bases, necessary
    for reporting, monitoring, and evaluating purposes, including
    data necessary to comply with section 188;
    (3) shall monitor the performance of providers in complying
    with the terms of grants, contracts, or other agreements made
    pursuant to this title; and
    (4) shall, to the extent practicable, submit or make
    available (including through electronic means) any reports,
    records, plans, or any other data that are required to be
    submitted or made available, respectively, under this title.

    (d) Information To Be Included in Reports.--

    [[Page 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. <>  ADMINISTRATIVE ADJUDICATION.

    (a) In General.--Whenever any applicant for financial assistance
    under this title is dissatisfied because the Secretary has made a
    determination not to award financial assistance in whole or in part to
    such applicant, the applicant may request a hearing before an
    administrative law judge of the Department of Labor. A similar hearing
    may also be requested by any recipient for whom a corrective action has
    been required or a sanction has been imposed by the Secretary under
    section 184.
    (b) <>  Appeal.--The decision of the
    administrative law judge shall constitute final action by the Secretary
    unless, within 20 days

    [[Page 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. <> After the 20-day period the decision of
    the administrative law judge shall become the final decision of the
    Secretary unless the Secretary, within 30 days after such filing,
    notifies the parties that the case involved has been accepted for
    review.

    (c) Time Limit.--Any case accepted for review by the Secretary under
    subsection (b) shall be decided within 180 days after such acceptance.
    If the case is not decided within the 180-day period, the decision of
    the administrative law judge shall become the final decision of the
    Secretary at the end of the 180-day period.
    (d) <>  Additional Requirement.--The
    provisions of section 187 shall apply to any final action of the
    Secretary under this section.
    SEC. 187. <>  JUDICIAL REVIEW.

    (a) <>  Review.--
    (1) Petition.--With respect to any final order by the
    Secretary under section 186 by which the Secretary awards,
    declines to award, or only conditionally awards, financial
    assistance under this title, or any final order of the Secretary
    under section 186 with respect to a corrective action or
    sanction imposed under section 184, any party to a proceeding
    that resulted in such final order may obtain review of such
    final order in the United States Court of Appeals having
    jurisdiction over the applicant for or recipient of the funds
    involved, by filing a review petition within 30 days after the
    date of issuance of such final order.
    (2) <>  Action on petition.--The clerk of
    the court shall transmit a copy of the review petition to the
    Secretary, who shall file the record on which the final order
    was entered as provided in section 2112 of title 28, United
    States Code. The filing of a review petition shall not stay the
    order of the Secretary, unless the court orders a stay.
    Petitions filed under this subsection shall be heard
    expeditiously, if possible within 10 days after the date of
    filing of a reply to the petition.
    (3) Standard and scope of review.--No objection to the order
    of the Secretary shall be considered by the court unless the
    objection was specifically urged, in a timely manner, before the
    Secretary. The review shall be limited to questions of law and
    the findings of fact of the Secretary shall be conclusive if
    supported by substantial evidence.

    (b) Judgment.--The court shall have jurisdiction to make and enter a
    decree affirming, modifying, or setting aside the order of the Secretary
    in whole or in part. The judgment of the court regarding the order shall
    be final, subject to certiorari review by the Supreme Court as provided
    in section 1254(1) of title 28, United States Code.
    SEC. 188. <>  NONDISCRIMINATION.

    (a) In General.--
    (1) Federal financial assistance.--For the purpose of
    applying the prohibitions against discrimination on the basis of
    age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
    seq.), on the basis of disability under section 504

    [[Page 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) <>  Action of Secretary.--
    Whenever the Secretary finds that a State or other recipient of funds
    under this title has failed to comply with a provision of law referred
    to in subsection (a)(1), or with paragraph (2), (3), (4), or (5) of
    subsection (a), including an applicable regulation prescribed to carry
    out such provision or paragraph, the Secretary shall notify such State
    or recipient and shall request that the State or recipient
    comply. <> If within a reasonable period of time,
    not to exceed 60 days, the State or recipient fails or refuses to
    comply, the Secretary may--
    (1) refer the matter to the Attorney General with a
    recommendation that an appropriate civil action be instituted;
    or
    (2) take such other action as may be provided by law.

    (c) Action of Attorney General.--When a matter is referred to the
    Attorney General pursuant to subsection (b)(1), or whenever the Attorney
    General has reason to believe that a State or other recipient of funds
    under this title is engaged in a pattern or practice of discrimination
    in violation of a provision of law referred to

    [[Page 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) <>  Regulations.--The Secretary
    shall issue regulations necessary to implement this section not later
    than 1 year after the date of enactment of the Workforce Innovation and
    Opportunity Act. Such regulations shall adopt standards for determining
    discrimination and procedures for enforcement that are consistent with
    the Acts referred to in subsection (a)(1), as well as procedures to
    ensure that complaints filed under this section and such Acts are
    processed in a manner that avoids duplication of effort.
    SEC. 189. <>  SECRETARIAL ADMINISTRATIVE
    AUTHORITIES AND RESPONSIBILITIES.

    (a) <>  In
    General.--In accordance with chapter 5 of title 5, United States Code,
    the Secretary may prescribe rules and regulations to carry out this
    title, only to the extent necessary to administer and ensure compliance
    with the requirements of this title. Such rules and regulations may
    include provisions making adjustments authorized by section 6504 of
    title 31, United States Code. All such rules and regulations shall be
    published in the Federal Register at least 30 days prior to their
    effective dates. Copies of each such rule or regulation shall be
    transmitted to the appropriate committees of Congress on the date of
    such publication and shall contain, with respect to each material
    provision of such rule or regulation, a citation to the particular
    substantive section of law that is the basis for the provision.

    (b) Acquisition of Certain Property and Services.--The Secretary is
    authorized, in carrying out this title, to accept, purchase, or lease in
    the name of the Department of Labor, and employ or dispose of in
    furtherance of the purposes of this title, any money or property, real,
    personal, or mixed, tangible or intangible, received by gift, devise,
    bequest, or otherwise, and to accept voluntary and uncompensated
    services notwithstanding the provisions of section 1342 of title 31,
    United States Code.
    (c) Authority To Enter Into Certain Agreements and To Make Certain
    Expenditures.--The Secretary may make such grants, enter into such
    contracts or agreements, establish such procedures, and make such
    payments, in installments and in advance or by way of reimbursement, or
    otherwise allocate or expend such funds under this title, as may be
    necessary to carry out this title, including making expenditures for
    construction, repairs, and capital improvements, and including making
    necessary adjustments in payments on account of over-payments or
    underpayments.
    (d) Annual Report.--The Secretary shall prepare and submit to the
    Committee on Education and the Workforce of the House of Representatives
    and the Committee on Health, Education, Labor, and Pensions of the
    Senate an annual report regarding the programs and activities funded
    under this title. The Secretary shall include in such report--

    [[Page 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) Utilization of Services and Facilities.--The Secretary is
    authorized, in carrying out this title, under the same procedures as are
    applicable under subsection (c) or to the extent permitted by law other
    than this title, to accept and use the services and facilities of
    departments, agencies, and establishments of the United States. The
    Secretary is also authorized, in carrying out this title, to accept and
    use the services and facilities of the agencies of any State or
    political subdivision of a State, with the consent of the State or
    political subdivision.
    (f) Obligational Authority.--Notwithstanding any other provision of
    this title, the Secretary shall have no authority to enter into
    contracts, grant agreements, or other financial assistance agreements
    under this title, except to such extent and in such amounts as are
    provided in advance in appropriations Acts.
    (g) Program Year.--
    (1) <>  In general.--
    (A) Program year.--Except as provided in
    subparagraph (B), appropriations for any fiscal year for
    programs and activities funded under this title shall be
    available for obligation only on the basis of a program
    year. The program year shall begin on July 1 in the
    fiscal year for which the appropriation is made.
    (B) Youth workforce investment activities.--The
    Secretary may make available for obligation, beginning
    April 1 of any fiscal year, funds appropriated for such
    fiscal year to carry out youth workforce investment
    activities under subtitle B and activities under section
    171.
    (2) Availability.--
    (A) In general.--Funds obligated for any program
    year for a program or activity funded under subtitle B
    may be expended by each State receiving such funds
    during that program year and the 2 succeeding program
    years. Funds received by local areas from States under
    subtitle B during a program year may be expended during
    that program year and the succeeding program year.
    (B) Certain national activities.--
    (i) In general.--Funds obligated for any
    program year for any program or activity carried
    out under section 169 shall remain available until
    expended.
    (ii) Incremental funding basis.--A contract or
    arrangement entered into under the authority of
    subsection (a) or (b) of section 169 (relating to
    evaluations, research projects, studies and
    reports, and multistate projects), including a
    long-term, nonseverable services contract, may be
    funded on an incremental basis with annual
    appropriations or other available funds.

    [[Page 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) <>  Special rule regarding designated
    areas.--A State that has enacted, not later than December 31,
    1997, a State law providing for the designation of service
    delivery areas for the delivery of workforce investment
    activities, may use such areas as local areas under this title,
    notwithstanding section 106.
    (2) <>  Special rule regarding sanctions.--
    A State that has enacted, not later than December 31, 1997, a
    State law providing for the sanctioning of such service delivery
    areas for failure to meet performance accountability measures
    for workforce investment activities, may use the State law to
    sanction local areas for failure to meet State performance
    accountability measures under this title.
    (3) General waivers of statutory or regulatory
    requirements.--
    (A) <>  General authority.--
    Notwithstanding any other provision of law, the
    Secretary may waive for a State, or a local area in a
    State, pursuant to a request submitted by the Governor
    of the State (in consultation with appropriate local
    elected officials) with a plan that meets the
    requirements of subparagraph (B)--
    (i) any of the statutory or regulatory
    requirements of subtitle A, subtitle B, or this
    subtitle (except for requirements relating to wage
    and labor standards, including nondisplacement
    protections, worker rights, participation and
    protection of workers and participants, grievance
    procedures and judicial review, nondiscrimination,
    allocation of funds to local areas, eligibility of
    providers or participants, the establishment and
    functions of local areas and local boards, the
    funding of infrastructure costs for one-stop
    centers, and procedures for review and approval of
    plans, and other requirements relating to the
    basic purposes of this title); and
    (ii) any of the statutory or regulatory
    requirements of sections 8 through 10 of the
    Wagner-Peyser Act

    [[Page 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) <>  Requests.--A Governor
    requesting a waiver under subparagraph (A) shall submit
    a plan to the Secretary to improve the statewide
    workforce development system that--
    (i) identifies the statutory or regulatory
    requirements that are requested to be waived and
    the goals that the State or local area in the
    State, as appropriate, intends to achieve as a
    result of the waiver;
    (ii) describes the actions that the State or
    local area, as appropriate, has undertaken to
    remove State or local statutory or regulatory
    barriers;
    (iii) describes the goals of the waiver and
    the expected programmatic outcomes if the request
    is granted;
    (iv) describes the individuals impacted by the
    waiver; and
    (v) describes the process used to monitor the
    progress in implementing such a waiver, and the
    process by which notice and, in the case of a
    waiver for a local area, an opportunity to comment
    on such request has been provided to the local
    board for the local area for which the waiver is
    requested.
    (C) <>  Conditions.--Not later than
    90 days after the date of the original submission of a
    request for a waiver under subparagraph (A), the
    Secretary shall provide a waiver under this subsection
    if and only to the extent that--
    (i) <>  the Secretary
    determines that the requirements requested to be
    waived impede the ability of the State or local
    area, as appropriate, to implement the plan
    described in subparagraph (B); and
    (ii) <>  the State has
    executed a memorandum of understanding with the
    Secretary requiring such State to meet, or ensure
    that the local area for which the waiver is
    requested meets, agreed-upon outcomes and to
    implement other appropriate measures to ensure
    accountability.
    (D) Expedited determination regarding provision of
    waivers.--If the Secretary has approved a waiver of
    statutory or regulatory requirements for a State or
    local area pursuant to this subsection, the Secretary
    shall expedite the determination regarding the provision
    of that waiver, for another State or local area if such
    waiver is in accordance with the approved State or local
    plan, as appropriate.
    SEC. 190. <>  WORKFORCE FLEXIBILITY PLANS.

    (a) <>  Plans.--A State may submit to the
    Secretary, and the Secretary may approve, a workforce flexibility plan
    under which the State is authorized to waive, in accordance with the
    plan--

    [[Page 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) <>  Opportunity for Public
    Comments.--Prior to submitting a workforce flexibility plan to the
    Secretary for approval, the State shall provide to all interested
    parties and to the general public adequate notice of and a reasonable
    opportunity for comment on the waiver requests proposed to be
    implemented pursuant to such plan.
    SEC. 191. <>  STATE LEGISLATIVE AUTHORITY.

    (a) Authority of State Legislature.--Nothing in this title shall be
    interpreted to preclude the enactment of State legislation providing for
    the implementation, consistent with the provisions of this title, of the
    activities assisted under this title. Any funds received by a State
    under this title shall be subject to appropriation

    [[Page 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. <>  TRANSFER OF FEDERAL EQUITY IN
    STATE EMPLOYMENT SECURITY AGENCY REAL
    PROPERTY TO THE STATES.

    (a) Transfer of Federal Equity.--Notwithstanding any other provision
    of law, any Federal equity acquired in real property through grants to
    States awarded under title III of the Social Security Act (42 U.S.C. 501
    et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) is
    transferred to the States that used the grants for the acquisition of
    such equity. The portion of any real property that is attributable to
    the Federal equity transferred under this section shall be used to carry
    out activities authorized under this Act, title III of the Social
    Security Act, or the Wagner-Peyser Act. Any disposition of such real
    property shall be carried out in accordance with the procedures
    prescribed by the Secretary and the portion of the proceeds from the
    disposition of such real property that is attributable to the Federal
    equity transferred under this section shall be used to carry out
    activities authorized under this Act, title III of the Social Security
    Act, or the Wagner-Peyser Act.
    (b) Limitation on Use.--A State shall not use funds awarded under
    this Act, title III of the Social Security Act, or the Wagner-Peyser Act
    to amortize the costs of real property that is purchased by any State on
    or after the date of enactment of the Revised Continuing Appropriations
    Resolution, 2007.
    SEC. 193. <>  CONTINUATION OF STATE ACTIVITIES
    AND POLICIES.

    (a) In General.--Notwithstanding any other provision of this title,
    the Secretary may not deny approval of a State plan for a covered State,
    or an application of a covered State for financial assistance, under
    this title, or find a covered State (including a State board or
    Governor), or a local area (including a local board or chief elected
    official) in a covered State, in violation of a provision of this title,
    on the basis that--
    (1)(A) the State proposes to allocate or disburse,
    allocates, or disburses, within the State, funds made available
    to the State under section 127 or 132 in accordance with the
    allocation formula for the type of activities involved, or in
    accordance with a disbursal procedure or process, used by the
    State under prior consistent State laws; or
    (B) a local board in the State proposes to disburse, or
    disburses, within the local area, funds made available to the
    State under section 127 or 132 in accordance with a disbursal
    procedure or process used by a private industry council under
    prior consistent State law;
    (2) the State proposes to carry out or carries out a State
    procedure through which local areas use, as fiscal agents for
    funds made available to the State under section 127 or 132 and
    allocated within the State, fiscal agents selected in accordance
    with a process established under prior consistent State laws;

    [[Page 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. <>  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 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) <>  For purposes of this paragraph, each
    entity receiving financial assistance under this title shall
    maintain records sufficient to determine the amount of such
    income received and the purposes for which such income is
    expended.
    (8)(A) <>  The Secretary shall notify
    the Governor and the appropriate local board and chief elected
    official of, and consult with the Governor and such board and
    official concerning, any activity to be funded by the Secretary
    under this title within the corresponding State or local area.
    (B) The Governor shall notify the appropriate local board
    and chief elected official of, and consult with such board and
    official concerning, any activity to be funded by the Governor
    under this title within the corresponding local area.
    (9)(A) All education programs for youth supported with funds
    provided under chapter 2 of subtitle B shall be consistent with
    applicable State and local educational standards.
    (B) Standards and procedures with respect to awarding
    academic credit and certifying educational attainment in
    programs conducted under such chapter shall be consistent with
    the requirements of applicable State and local law, including
    regulation.
    (10) No funds available under this title may be used for
    public service employment except as specifically authorized
    under this title.

    [[Page 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. <>  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 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 <>  AND LITERACY
    SEC. 201. <>  SHORT TITLE.

    This title may be cited as the ``Adult Education and Family Literacy
    Act''.
    SEC. 202. <>  PURPOSE.

    It is the purpose of this title to create a partnership among the
    Federal Government, States, and localities to provide, on a voluntary
    basis, adult education and literacy activities, in order to--
    (1) assist adults to become literate and obtain the
    knowledge and skills necessary for employment and economic self-
    sufficiency;
    (2) assist adults who are parents or family members to
    obtain the education and skills that--
    (A) are necessary to becoming full partners in the
    educational development of their children; and
    (B) lead to sustainable improvements in the economic
    opportunities for their family;

    [[Page 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. <>  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 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 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. <>  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 1612]]

    engaged in home schooling to participate in adult education and literacy
    activities.
    SEC. 205. <>  RULE OF CONSTRUCTION REGARDING
    POSTSECONDARY TRANSITION AND CONCURRENT
    ENROLLMENT ACTIVITIES.

    Nothing in this title shall be construed to prohibit or discourage
    the use of funds provided under this title for adult education and
    literacy activities that help eligible individuals transition to
    postsecondary education and training or employment, or for concurrent
    enrollment activities.
    SEC. 206. <>  AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title
    $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016,
    $635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018,
    $664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year
    2020.

    Subtitle A--Federal Provisions

    SEC. 211. <>  RESERVATION OF FUNDS; GRANTS TO
    ELIGIBLE AGENCIES; ALLOTMENTS.

    (a) Reservation of Funds.--From the sum appropriated under section
    206 for a fiscal year, the Secretary--
    (1) shall reserve 2 percent to carry out section 242, except
    that the amount so reserved shall not exceed $15,000,000; and
    (2) shall reserve 12 percent of the amount that remains
    after reserving funds under paragraph (1) to carry out section
    243.

    (b) Grants to Eligible Agencies.--
    (1) In general.--From the sum appropriated under section 206
    and not reserved under subsection (a) for a fiscal year, the
    Secretary shall award a grant to each eligible agency having a
    unified State plan approved under section 102 or a combined
    State plan approved under section 103 in an amount equal to the
    sum of the initial allotment under subsection (c)(1) and the
    additional allotment under subsection (c)(2) for the eligible
    agency for the fiscal year, subject to subsections (f) and (g),
    to enable the eligible agency to carry out the activities
    assisted under this title.
    (2) Purpose of grants.--The Secretary may award a grant
    under paragraph (1) only if the eligible entity involved agrees
    to expend the grant for adult education and literacy activities
    in accordance with the provisions of this title.

    (c) Allotments.--
    (1) Initial allotments.--From the sum appropriated under
    section 206 and not reserved under subsection (a) for a fiscal
    year, the Secretary shall allot to each eligible agency having a
    unified State plan approved under section 102 or a combined
    State plan approved under section 103--
    (A) $100,000, in the case of an eligible agency
    serving an outlying area; and
    (B) $250,000, in the case of any other eligible
    agency.
    (2) Additional allotments.--From the sum appropriated under
    section 206, not reserved under subsection (a), and not

    [[Page 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) <>  Qualifying Adult.--For the purpose of
    subsection (c)(2), the term ``qualifying adult'' means an adult who--
    (1) is at least 16 years of age;
    (2) is beyond the age of compulsory school attendance under
    the law of the State or outlying area;
    (3) does not have a secondary school diploma or its
    recognized equivalent; and
    (4) is not enrolled in secondary school.

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

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

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

    [[Page 1614]]

    SEC. 212. <>  PERFORMANCE ACCOUNTABILITY
    SYSTEM.

    Programs and activities authorized in this title are subject to the
    performance accountability provisions described in section 116.

    Subtitle B--State Provisions

    SEC. 221. <>  STATE ADMINISTRATION.

    Each eligible agency shall be responsible for the State or outlying
    area administration of activities under this title, including--
    (1) the development, implementation, and monitoring of the
    relevant components of the unified State plan in section 102 or
    the combined State plan in section 103;
    (2) consultation with other appropriate agencies, groups,
    and individuals that are involved in, or interested in, the
    development and implementation of activities assisted under this
    title; and
    (3) coordination and nonduplication with other Federal and
    State education, training, corrections, public housing, and
    social service programs.
    SEC. 222. <>  STATE DISTRIBUTION OF FUNDS;
    MATCHING REQUIREMENT.

    (a) State Distribution of Funds.--Each eligible agency receiving a
    grant under section 211(b) for a fiscal year--
    (1) shall use not less than 82.5 percent of the grant funds
    to award grants and contracts under section 231 and to carry out
    section 225, of which not more than 20 percent of such amount
    shall be available to carry out section 225;
    (2) shall use not more than 12.5 percent of the grant funds
    to carry out State leadership activities under section 223; and
    (3) shall use not more than 5 percent of the grant funds, or
    $85,000, whichever is greater, for the administrative expenses
    of the eligible agency.

    (b) Matching Requirement.--
    (1) In general.--In order to receive a grant from the
    Secretary under section 211(b) each eligible agency shall
    provide, for the costs to be incurred by the eligible agency in
    carrying out the adult education and literacy activities for
    which the grant is awarded, a non-Federal contribution in an
    amount that is not less than--
    (A) in the case of an eligible agency serving an
    outlying area, 12 percent of the total amount of funds
    expended for adult education and literacy activities in
    the outlying area, except that the Secretary may
    decrease the amount of funds required under this
    subparagraph for an eligible agency; and
    (B) in the case of an eligible agency serving a
    State, 25 percent of the total amount of funds expended
    for adult education and literacy activities in the
    State.
    (2) Non-federal contribution.--An eligible agency's non-
    Federal contribution required under paragraph (1) may be
    provided in cash or in kind, fairly evaluated, and shall include
    only non-Federal funds that are used for adult education and
    literacy activities in a manner that is consistent with the
    purpose of this title.

    [[Page 1615]]

    SEC. 223. <>  STATE LEADERSHIP ACTIVITIES.

    (a) Activities.--
    (1) Required.--Each eligible agency shall use funds made
    available under section 222(a)(2) for the following adult
    education and literacy activities to develop or enhance the
    adult education system of the State or outlying area:
    (A) The alignment of adult education and literacy
    activities with other core programs and one-stop
    partners, including eligible providers, to implement the
    strategy identified in the unified State plan under
    section 102 or the combined State plan under section
    103, including the development of career pathways to
    provide access to employment and training services for
    individuals in adult education and literacy activities.
    (B) The establishment or operation of high quality
    professional development programs to improve the
    instruction provided pursuant to local activities
    required under section 231(b), including instruction
    incorporating the essential components of reading
    instruction as such components relate to adults,
    instruction related to the specific needs of adult
    learners, instruction provided by volunteers or by
    personnel of a State or outlying area, and dissemination
    of information about models and promising practices
    related to such programs.
    (C) The provision of technical assistance to
    eligible providers of adult education and literacy
    activities receiving funds under this title, including--
    (i) the development and dissemination of
    instructional and programmatic practices based on
    the most rigorous or scientifically valid research
    available and appropriate, in reading, writing,
    speaking, mathematics, English language
    acquisition programs, distance education, and
    staff training;
    (ii) the role of eligible providers as a one-
    stop partner to provide access to employment,
    education, and training services; and
    (iii) assistance in the use of technology,
    including for staff training, to eligible
    providers, especially the use of technology to
    improve system efficiencies.
    (D) The monitoring and evaluation of the quality of,
    and the improvement in, adult education and literacy
    activities and the dissemination of information about
    models and proven or promising practices within the
    State.
    (2) Permissible activities.--Each eligible agency may use
    funds made available under section 222(a)(2) for 1 or more of
    the following adult education and literacy activities:
    (A) The support of State or regional networks of
    literacy resource centers.
    (B) The development and implementation of technology
    applications, translation technology, or distance
    education, including professional development to support
    the use of instructional technology.
    (C) Developing and disseminating curricula,
    including curricula incorporating the essential
    components of reading instruction as such components
    relate to adults.
    (D) Developing content and models for integrated
    education and training and career pathways.

    [[Page 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 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. <>  STATE PLAN.

    Each State desiring to receive funds under this title for any fiscal
    year shall submit and have approved a unified State plan in accordance
    with section 102 or a combined State plan in accordance with section
    103.
    SEC. 225. <>  PROGRAMS FOR CORRECTIONS
    EDUCATION AND OTHER INSTITUTIONALIZED
    INDIVIDUALS.

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

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

    [[Page 1618]]

    Subtitle C--Local Provisions

    SEC. 231. <>  GRANTS AND CONTRACTS FOR
    ELIGIBLE PROVIDERS.

    (a) Grants and Contracts.--From grant funds made available under
    section 222(a)(1), each eligible agency shall award multiyear grants or
    contracts, on a competitive basis, to eligible providers within the
    State or outlying area to enable the eligible providers to develop,
    implement, and improve adult education and literacy activities within
    the State.
    (b) Required Local Activities.--The eligible agency shall require
    that each eligible provider receiving a grant or contract under
    subsection (a) use the grant or contract to establish or operate
    programs that provide adult education and literacy activities, including
    programs that provide such activities concurrently.
    (c) Direct and Equitable Access; Same Process.--Each eligible agency
    receiving funds under this title shall ensure that--
    (1) all eligible providers have direct and equitable access
    to apply and compete for grants or contracts under this section;
    and
    (2) the same grant or contract announcement process and
    application process is used for all eligible providers in the
    State or outlying area.

    (d) Special Rule.--Each eligible agency awarding a grant or contract
    under this section shall not use any funds made available under this
    title for adult education and literacy activities for the purpose of
    supporting or providing programs, services, or activities for
    individuals who are not individuals described in subparagraphs (A) and
    (B) of section 203(4), except that such agency may use such funds for
    such purpose if such programs, services, or activities are related to
    family literacy activities. In providing family literacy activities
    under this title, an eligible provider shall attempt to coordinate with
    programs and services that are not assisted under this title prior to
    using funds for adult education and literacy activities under this title
    for activities other than activities for eligible individuals.
    (e) Considerations.--In awarding grants or contracts under this
    section, the eligible agency shall consider--
    (1) the degree to which the eligible provider would be
    responsive to--
    (A) regional needs as identified in the local plan
    under section 108; and
    (B) serving individuals in the community who were
    identified in such plan as most in need of adult
    education and literacy activities, including
    individuals--
    (i) who have low levels of literacy skills; or
    (ii) who are English language learners;
    (2) the ability of the eligible provider to serve eligible
    individuals with disabilities, including eligible individuals
    with learning disabilities;
    (3) past effectiveness of the eligible provider in improving
    the literacy of eligible individuals, to meet State-adjusted
    levels of performance for the primary indicators of performance
    described in section 116, especially with respect to eligible
    individuals who have low levels of literacy;
    (4) the extent to which the eligible provider demonstrates
    alignment between proposed activities and services and the

    [[Page 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 1620]]

    SEC. 232. <>  LOCAL APPLICATION.

    Each eligible provider desiring a grant or contract from an eligible
    agency shall submit an application to the eligible agency containing
    such information and assurances as the eligible agency may require,
    including--
    (1) a description of how funds awarded under this title will
    be spent consistent with the requirements of this title;
    (2) a description of any cooperative arrangements the
    eligible provider has with other agencies, institutions, or
    organizations for the delivery of adult education and literacy
    activities;
    (3) a description of how the eligible provider will provide
    services in alignment with the local plan under section 108,
    including how such provider will promote concurrent enrollment
    in programs and activities under title I, as appropriate;
    (4) a description of how the eligible provider will meet the
    State adjusted levels of performance described in section
    116(b)(3), including how such provider will collect data to
    report on such performance indicators;
    (5) a description of how the eligible provider will fulfill
    one-stop partner responsibilities as described in section
    121(b)(1)(A), as appropriate;
    (6) a description of how the eligible provider will provide
    services in a manner that meets the needs of eligible
    individuals; and
    (7) information that addresses the considerations described
    under section 231(e), as applicable.
    SEC. 233. <>  LOCAL ADMINISTRATIVE COST
    LIMITS.

    (a) In General.--Subject to subsection (b), of the amount that is
    made available under this title to an eligible provider--
    (1) not less than 95 percent shall be expended for carrying
    out adult education and literacy activities; and
    (2) the remaining amount, not to exceed 5 percent, shall be
    used for planning, administration (including carrying out the
    requirements of section 116), professional development, and the
    activities described in paragraphs (3) and (5) of section 232.

    (b) Special Rule.--In cases where the cost limits described in
    subsection (a) are too restrictive to allow for the activities described
    in subsection (a)(2), the eligible provider shall negotiate with the
    eligible agency in order to determine an adequate level of funds to be
    used for noninstructional purposes.

    Subtitle D--General Provisions

    SEC. 241. <>  ADMINISTRATIVE PROVISIONS.

    (a) Supplement Not Supplant.--Funds made available for adult
    education and literacy activities under this title shall supplement and
    not supplant other State or local public funds expended for adult
    education and literacy activities.
    (b) Maintenance of Effort.--
    (1) In general.--
    (A) Determination.--An eligible agency may receive
    funds under this title for any fiscal year if the
    Secretary finds that the fiscal effort per student or
    the aggregate

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

    (a) In General.--The Secretary shall establish and carry out a
    program of national leadership activities to enhance the quality and
    outcomes of adult education and literacy activities and programs
    nationwide.
    (b) Required Activities.--The national leadership activities
    described in subsection (a) shall include technical assistance,
    including--
    (1) assistance to help States meet the requirements of
    section 116;
    (2) upon request by a State, assistance provided to eligible
    providers in using performance accountability measures based on
    indicators described in section 116, and data systems for the
    improvement of adult education and literacy activities;

    [[Page 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 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. <>  INTEGRATED ENGLISH LITERACY AND
    CIVICS EDUCATION.

    (a) <>  In General.--From funds made available under
    section 211(a)(2) for each fiscal year, the Secretary shall award grants
    to States, from allotments under subsection (b), for integrated

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

    (e) Workforce Information Advisory Council.--Section 15 of the
    Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking subsection
    (d) and inserting the following:
    ``(d) Workforce Information Advisory Council.--
    ``(1) <>  In general.--The
    Secretary, through the Commissioner of Labor Statistics and the
    Assistant Secretary for Employment and Training, shall formally
    consult at least twice annually with the Workforce Information
    Advisory Council established in accordance with paragraph (2).
    Such consultations shall address the evaluation and improvement
    of the nationwide workforce and labor market information system
    described in subsection (a) and the statewide workforce and
    labor market information systems that comprise the nationwide
    system and how the Department of Labor and the States will
    cooperate in the management of such systems. <>  The Council shall provide written recommendations to
    the Secretary concerning the evaluation and improvement of the
    nationwide system, including any recommendations regarding the
    2-year plan described in subsection (c).
    ``(2) Establishment of council.--
    ``(A) Establishment.--The Secretary shall establish
    an advisory council that shall be known as the Workforce
    Information Advisory Council (referred to in this
    section as the `Council') to participate in the
    consultations and provide the recommendations described
    in paragraph (1).
    ``(B) <>  Membership.--The
    Secretary shall appoint the members of the Council,
    which shall consist of--
    ``(i) 4 members who are representatives of
    lead State agencies with responsibility for
    workforce investment activities, or State agencies
    described in section 4, who have been nominated by
    such agencies or by a national organization that
    represents such agencies;
    ``(ii) 4 members who are representatives of
    the State workforce and labor market information
    directors affiliated with the State agencies that
    perform the

    [[Page 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 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 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 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 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 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 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 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) <>  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 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) <>  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 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 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 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 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 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 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 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 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 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) <>  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 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 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 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 1651]]

    resources, priorities, concerns, abilities,
    capabilities, interests, and informed choice.'';
    and
    (B) by adding at the end the following:
    ``(F) <>  Timeframe for completing
    the individualized plan for employment.--The
    individualized plan for employment shall be developed as
    soon as possible, but not later than a deadline of 90
    days after the date of the determination of eligibility
    described in paragraph (1), unless the designated State
    unit and the eligible individual agree to an extension
    of that deadline to a specific date by which the
    individualized plan for employment shall be
    completed.''; and
    (5) in paragraph (4), as redesignated by paragraph (2) of
    this subsection--
    (A) in subparagraph (A), by striking ``choice of
    the'' and all that follows and inserting ``choice of the
    eligible individual, consistent with the general goal of
    competitive integrated employment (except that in the
    case of an eligible individual who is a student, the
    description may be a description of the student's
    projected postschool employment outcome);'';
    (B) in subparagraph (B)(i)--
    (i) by redesignating subclause (II) as
    subclause (III); and
    (ii) by striking subclause (I) and inserting
    the following:
    ``(I) needed to achieve the employment
    outcome, including, as appropriate--
    ``(aa) the provision of assistive
    technology devices and assistive
    technology services (including referrals
    described in section 103(a)(3) to the
    device reutilization programs and
    demonstrations described in
    subparagraphs (B) and (D) of section
    4(e)(2) of the Assistive Technology Act
    of 1998 (29 U.S.C. 3003(e)(2)) through
    agreements developed under section
    101(a)(11)(I); and
    ``(bb) personal assistance services
    (including training in the management of
    such services);
    ``(II) in the case of a plan for an eligible
    individual that is a student, the specific
    transition services and supports needed to achieve
    the student's employment outcome or projected
    postschool employment outcome; and'';
    (C) in subparagraph (F), by striking ``and'' at the
    end;
    (D) in subparagraph (G), by striking the period and
    inserting ``; and''; and
    (E) by adding at the end the following:
    ``(H) for an individual who also is receiving
    assistance from an employment network under the Ticket
    to Work and Self-Sufficiency Program established under
    section 1148 of the Social Security Act (42 U.S.C.
    1320b-19), a description of how responsibility for
    service delivery will be divided between the employment
    network and the designated State unit.''.

    (c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is amended--

    [[Page 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 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) <>  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 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 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 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 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) <>  The Secretary shall reserve funds
    appropriated under subsection (h) to make a grant to the protection and
    advocacy system serving the American Indian Consortium to provide
    services in accordance with this section. The amount of such a grant
    shall be the same amount as is provided to a territory under this
    subsection.

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

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

    ``(h) <>  There are authorized
    to be appropriated to carry out the provisions of this section--
    ``(1) $12,000,000 for fiscal year 2015;
    ``(2) $12,927,000 for fiscal year 2016;
    ``(3) $13,195,000 for fiscal year 2017;
    ``(4) $13,488,000 for fiscal year 2018;
    ``(5) $13,805,000 for fiscal year 2019; and
    ``(6) $14,098,000 for fiscal year 2020.''.
    SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.

    Part B of title I (29 U.S.C. 730 et seq.) is further amended by
    adding at the end the following:
    ``SEC. 113. <>  PROVISION OF PRE-EMPLOYMENT
    TRANSITION SERVICES.

    ``(a) In General.--From the funds reserved under section 110(d), and
    any funds made available from State, local, or private funding sources,
    each State shall ensure that the designated State unit, in collaboration
    with the local educational agencies involved, shall provide, or arrange
    for the provision of, pre-employment transition services for all
    students with disabilities in need of such services who are eligible or
    potentially eligible for services under this title.
    ``(b) Required Activities.--Funds available under subsection (a)
    shall be used to make available to students with disabilities described
    in subsection (a)--
    ``(1) job exploration counseling;
    ``(2) work-based learning experiences, which may include in-
    school or after school opportunities, or experience outside the
    traditional school setting (including internships), that is

    [[Page 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 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) <>  National Pre-employment Transition
    Coordination.--The Secretary shall support designated State agencies
    providing services under this section, highlight best State practices,
    and consult with other Federal agencies to advance the goals of this
    section.

    ``(f) Support.--In carrying out this section, States shall address
    the transition needs of all students with disabilities, including such
    students with physical, sensory, intellectual, and mental health
    disabilities.''.
    SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.

    Section 121 (29 U.S.C. 741) is amended--
    (1) in subsection (a), in the first sentence, by inserting
    before the period the following: ``(referred to in this section
    as `eligible individuals'), consistent with such eligible
    individuals' strengths, resources, priorities, concerns,
    abilities, capabilities, interests, and informed choice, so that
    such individuals may prepare for, and engage in, high-quality
    employment that will increase opportunities for economic self-
    sufficiency'';
    (2) in subsection (b)(1)--
    (A) in subparagraph (B), by striking ``and'' at the
    end;
    (B) in subparagraph (C), by striking the period and
    inserting ``; and''; and
    (C) by adding at the end the following:
    ``(D) contains assurances that--
    ``(i) all decisions affecting eligibility for
    vocational rehabilitation services, the nature and
    scope of available vocational rehabilitation
    services and the provision of such services will,
    consistent with this title, be made by a
    representative of the tribal vocational
    rehabilitation program funded through the grant;
    and
    ``(ii) such decisions will not be delegated to
    another agency or individual.'';
    (3) by redesignating subsection (c) as subsection (d); and
    (4) by inserting after subsection (b) the following:

    ``(c)(1) <>  From the funds appropriated and
    made available to carry out this part for any fiscal year, beginning
    with fiscal year 2015, the Commissioner shall first reserve not less
    than 1.8 percent and not more than 2 percent of the funds to provide
    training and technical assistance to governing bodies described in
    subsection (a) for such fiscal year.

    ``(2) <>  From the funds reserved under
    paragraph (1), the Commissioner shall make grants to, or enter into
    contracts or other cooperative agreements with, entities that have
    experience in the operation of vocational rehabilitation services
    programs under this section to provide such training and technical
    assistance with respect to developing, conducting, administering, and
    evaluating such programs.

    ``(3) <>  The Commissioner shall conduct a survey of
    the governing bodies regarding training and technical assistance needs
    in order to determine funding priorities for such grants, contracts, or
    cooperative agreements.

    ``(4) To be eligible to receive a grant or enter into a contract or
    cooperative agreement under this section, such an entity shall submit an
    application to the Commissioner at such time, in such

    [[Page 1660]]

    manner, and containing a proposal to provide such training and technical
    assistance, and containing such additional information as the
    Commissioner may require. <>  The Commissioner shall
    provide for peer review of applications by panels that include persons
    who are not government employees and who have experience in the
    operation of vocational rehabilitation services programs under this
    section.''.
    SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION.

    Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by striking
    ``title I of the Workforce Investment Act of 1998'' and inserting
    ``title I of the Workforce Innovation and Opportunity Act''.

    Subtitle C--Research and Training

    SEC. 431. PURPOSE.

    Section 200 (29 U.S.C. 760) is amended--
    (1) in paragraph (1), by inserting ``technical assistance,''
    after ``training,'';
    (2) in paragraph (2), by inserting ``technical assistance,''
    after ``training,'';
    (3) in paragraph (3), in the matter preceding subparagraph
    (A)--
    (A) by inserting ``and use'' after ``transfer''; and
    (B) by inserting ``, in a timely and efficient
    manner,'' after ``disabilities''; and
    (4) in paragraph (4), by striking ``distribution'' and
    inserting ``dissemination'';
    (5) in paragraph (5)--
    (A) by inserting ``, including individuals with
    intellectual and psychiatric disabilities,'' after
    ``disabilities''; and
    (B) by striking ``and'' after the semicolon;
    (6) by redesignating paragraph (6) as paragraph (7);
    (7) by inserting after paragraph (5) the following:
    ``(6) identify strategies for effective coordination of
    services to job seekers with disabilities available through
    programs of one-stop partners, as defined in section 3 of the
    Workforce Innovation and Opportunity Act;'';
    (8) in paragraph (7), as redesignated by paragraph (6), by
    striking the period and inserting ``; and''; and
    (9) by adding at the end the following:
    ``(8) identify effective strategies for supporting the
    employment of individuals with disabilities in competitive
    integrated employment.''.
    SEC. 432. AUTHORIZATION OF APPROPRIATIONS.

    Section 201 (29 U.S.C. 761) is amended to read as follows:
    ``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title
    $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016,
    $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018,
    $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year
    2020.''.

    [[Page 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 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 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) <>  The Director shall make grants to
    institutions of higher education for the training of independent living
    and rehabilitation researchers, including individuals with disabilities
    and traditionally underserved populations of individuals with
    disabilities, as described in section 21, with particular attention to
    research areas that--
    ``(1) support the implementation and objectives of this Act;
    and
    ``(2) improve the effectiveness of services authorized under
    this Act.

    ``(l)(1) <>  Not later than December 31
    of each year, the Director shall prepare, and submit to the Secretary,
    the Committee on Health, Education, Labor, and Pensions of the Senate,
    and the Committee on Education and the Workforce of the House of
    Representatives, a report on the activities funded under this title.

    ``(2) The report under paragraph (1) shall include--
    ``(A) a compilation and summary of the information provided
    by recipients of funding for such activities under this title;

    [[Page 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) <>  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 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) <>  The Committee shall develop a
    comprehensive government wide strategic plan for disability, independent
    living, and rehabilitation research.

    ``(2) The strategic plan shall include, at a minimum--
    ``(A) a description of the--
    ``(i) measurable goals and objectives;
    ``(ii) existing resources each agency will devote to
    carrying out the plan;
    ``(iii) timetables for completing the projects
    outlined in the plan; and
    ``(iv) assignment of responsible individuals and
    agencies for carrying out the research activities;
    ``(B) <>  research priorities and
    recommendations;
    ``(C) a description of how funds from each agency will be
    combined, as appropriate, for projects administered among
    Federal agencies, and how such funds will be administered;
    ``(D) the development and ongoing maintenance of a
    searchable government wide inventory of disability, independent
    living, and rehabilitation research for trend and data analysis
    across Federal agencies;
    ``(E) guiding principles, policies, and procedures,
    consistent with the best research practices available, for
    conducting and administering disability, independent living, and
    rehabilitation research across Federal agencies; and
    ``(F) a summary of underemphasized and duplicative areas of
    research.

    ``(3) The strategic plan described in this subsection shall be
    submitted to the President and the Committee on Health, Education,
    Labor, and Pensions of the Senate and the Committee on Education and the
    Workforce of the House of Representatives.'';
    (6) in subsection (d), as redesignated by paragraph (4)--
    (A) in the matter preceding paragraph (1), by
    striking ``Committee on Labor and Human Resources of the
    Senate'' and inserting ``Committee on Health, Education,
    Labor, and Pensions of the Senate''; and
    (B) by striking paragraph (1) and inserting the
    following:
    ``(1) describes the progress of the Committee in fulfilling
    the duties described in subsections (b) and (c), and including
    specifically for subsection (c)--
    ``(A) <>  a report of the progress
    made in implementing the strategic plan, including
    progress toward implementing the elements described in
    subsection (c)(2)(A); and
    ``(B) detailed budget information.''; and
    (7) in subsection (e), by striking paragraph (2) and
    inserting the following:

    [[Page 1666]]

    ``(2) <>  the term `independent living',
    used in connection with research, means research on issues and
    topics related to attaining maximum self-sufficiency and
    function by individuals with disabilities, including research on
    assistive technology and universal design, employment,
    education, health and wellness, and community integration and
    participation.''.
    SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.

    Section 204 (29 U.S.C. 764) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) by striking ``pay'' and inserting
    ``fund'';
    (ii) by inserting ``have practical
    applications and'' before ``maximize''; and
    (iii) by striking ``employment, independent
    living,'' and inserting ``employment, education,
    independent living, health and wellness,'';
    (B) in paragraph (2)--
    (i) in subparagraph (A), by inserting ``and
    from which the research findings, conclusions, or
    recommendations can be transferred to practice''
    after ``State agencies'';
    (ii) in subparagraph (B)--
    (I) by striking clause (ii) and
    inserting the following:
    ``(ii) studies and analyses of factors related to
    industrial, vocational, educational, employment, social,
    recreational, psychiatric, psychological, economic, and health
    and wellness variables affecting individuals with disabilities,
    including traditionally underserved populations as described in
    section 21, and how those variables affect such individuals'
    ability to live independently and their participation in the
    work force;'';
    (II) in clause (iii), by striking
    ``are homebound'' and all that follows
    and inserting ``have significant
    challenges engaging in community life
    outside their homes and individuals who
    are in institutional settings;'';
    (III) in clause (iv), by inserting
    ``, including the principles of
    universal design and the
    interoperability of products and
    services'' after ``disabilities'';
    (IV) in clause (v), by inserting ``,
    and to promoting employment
    opportunities in competitive integrated
    employment'' after ``employment'';
    (V) in clause (vi), by striking
    ``and'' after the semicolon;
    (VI) in clause (vii), by striking
    ``and assistive technology.'' and
    inserting ``, assistive technology, and
    communications technology; and''; and
    (VII) by adding at the end the
    following:
    ``(viii) studies, analyses, and other activities affecting
    employment outcomes as defined in section 7(11), including self-
    employment and telecommuting, of individuals with
    disabilities.''; and
    (C) by adding at the end the following:

    ``(3) In carrying out this section, the Director shall emphasize
    covered activities that include plans for--

    [[Page 1667]]

    ``(A) <>  dissemination of high-
    quality materials, of scientifically valid research results, or
    of findings, conclusions, and recommendations resulting from
    covered activities, including through electronic means (such as
    the website of the Department of Health and Human Services), so
    that such information is available in a timely manner to the
    general public; or
    ``(B) the commercialization of marketable products, research
    results, or findings, resulting from the covered activities.'';
    (2) in subsection (b)--
    (A) in paragraph (1), by striking ``(18)'' both
    places the term appears and inserting ``(17)'';
    (B) in paragraph (2)--
    (i) in subparagraph (A), by striking clauses
    (i) and (ii) and inserting the following:
    ``(i) be operated in collaboration with institutions of
    higher education, providers of rehabilitation services,
    developers or providers of assistive technology devices,
    assistive technology services, or information technology devices
    or services, as appropriate, or providers of other appropriate
    services; and
    ``(ii) serve as centers of national excellence and national
    or regional resources for individuals with disabilities, as well
    as providers, educators, and researchers.'';
    (ii) in subparagraph (B)--
    (I) in clause (i)--
    (aa) by adding ``independent
    living and'' after ``research
    in'';
    (bb) by adding ``independent
    living and'' after ``will
    improve''; and
    (cc) by striking ``alleviate
    or stabilize'' and all that
    follows and inserting ``maximize
    health and function (including
    alleviating or stabilizing
    conditions, or preventing
    secondary conditions), and
    promote maximum social and
    economic independence of
    individuals with disabilities,
    including promoting the ability
    of the individuals to prepare
    for, secure, retain, regain, or
    advance in employment;'';
    (II) by redesignating clauses (ii),
    (iii), and (iv), as clauses (iii), (iv),
    and (v), respectively;
    (III) by inserting after clause (i)
    the following:
    ``(ii) conducting research in, and dissemination of,
    employer-based practices to facilitate the identification,
    recruitment, accommodation, advancement, and retention of
    qualified individuals with disabilities;'';
    (IV) in clause (iii), as
    redesignated by subclause (II), by
    inserting ``independent living and''
    before ``rehabilitation services'';
    (V) in clause (iv), as redesignated
    by subclause (II)--
    (aa) by inserting
    ``independent living and''
    before ``rehabilitation'' each
    place the term appears; and
    (bb) by striking ``and''
    after the semicolon; and
    (VI) by striking clause (v), as
    redesignated by subclause (II), and
    inserting the following:

    [[Page 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 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 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) <>  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 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. <>  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 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 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 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) <>  by striking sections 304 and
    305;
    (2) <>  by redesignating section 306 as
    section 304.

    Subtitle E--National Council on Disability

    SEC. 451. ESTABLISHMENT.

    Section 400 (29 U.S.C. 780) is amended--
    (1) in subsection (a)(1)--
    (A) by redesignating subparagraph (C) as
    subparagraph (D);
    (B) by striking subparagraphs (A) and (B) and
    inserting the following:

    ``(A) <>  There is established within the
    Federal Government a National Council on Disability (referred to in this
    title as the `National Council'), which, subject to subparagraph (B),
    shall be composed of 9 members, of which--
    ``(i) 5 shall be appointed by the President;
    ``(ii) 1 shall be appointed by the Majority Leader of the
    Senate;
    ``(iii) 1 shall be appointed by the Minority Leader of the
    Senate;
    ``(iv) 1 shall be appointed by the Speaker of the House of
    Representatives; and
    ``(v) 1 shall be appointed by the Minority Leader of the
    House of Representatives.

    ``(B) The National Council shall transition from 15 members (as of
    the date of enactment of the Workforce Innovation and Opportunity Act)
    to 9 members as follows:
    ``(i) <>  On the first 4 expirations of
    National Council terms (after that date), replacement members
    shall be appointed to the National Council in the following
    order and manner:
    ``(I) 1 shall be appointed by the Majority Leader of
    the Senate.
    ``(II) 1 shall be appointed by the Minority Leader
    of the Senate.
    ``(III) 1 shall be appointed by the Speaker of the
    House of Representatives.

    [[Page 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 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. <>  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 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 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) <>  Timing.--The actions required
    under subparagraphs (A) and (B) of paragraph (1) shall be
    carried out once every 6 months for the first year of the
    individual's employment at a subminimum wage, and annually
    thereafter for the duration of such employment.
    ``(3) Small business exception.--In the event that the
    entity described in subsection (a) is a business with fewer than
    15 employees, such entity can satisfy the requirements of
    subparagraphs (A) and (B) of paragraph (1) by referring the
    individual, at the intervals described in paragraph (2), to the
    designated State unit for the counseling, information, and
    referrals described in paragraph (1)(A) and the information
    described in paragraph (1)(B).

    ``(d) Documentation.--
    ``(1) <>  In general.--The designated
    State unit, in consultation with the State educational agency,
    shall develop a new process or utilize an existing process,
    consistent with guidelines developed by the Secretary, to
    document the completion of the actions described in
    subparagraphs (A) and (B) of subsection (a)(2) by a youth with a
    disability who is an individual with a disability.
    ``(2) Documentation process.--Such process shall require
    that--
    ``(A) in the case of a student with a disability,
    for documentation of actions described in subsection
    (a)(2)(A)--
    ``(i) if such a student with a disability
    receives and completes each category of required
    activities in section 113(b), such completion of
    services shall be documented by the designated
    State unit in a manner consistent with this
    section;
    ``(ii) if such a student with a disability
    receives and completes any transition services
    available for students with disabilities under the
    Individuals with Disabilities Education Act,
    including those provided under section
    614(d)(1)(A)(i)(VIII) (20 U.S.C.
    1414(d)(1)(A)(i)(VIII)), such completion of
    services shall be documented by the appropriate
    school official responsible for the provision of
    such transition services, in a manner consistent
    with this section; and
    ``(iii) the designated State unit shall
    provide the final documentation, in a form and
    manner consistent with this section, of the
    completion of pre-employment transition services
    as described in clause (i), or transition services
    under the Individuals with Disabilities Education
    Act as described in clause (ii), to the student
    with a disability within a reasonable period of
    time following the completion; and
    ``(B) when an individual has completed the actions
    described in subsection (a)(2)(B), the designated State
    unit shall provide the individual a document indicating
    such completion, in a manner consistent with this
    section, within a reasonable time period following the
    completion of the actions described in this
    subparagraph.

    ``(e) <>  Verification.--

    [[Page 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) <>  Federal Minimum Wage.--In this section,
    the term `Federal minimum wage' means the rate applicable under section
    6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
    206(a)(1)).''.

    (b) <>  Effective Date.--This section takes
    effect 2 years after the date of enactment of the Workforce Innovation
    and Opportunity Act.

    Subtitle G--Employment Opportunities for Individuals With Disabilities

    SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
    DISABILITIES.

    Title VI (29 U.S.C. 795 et seq.) is amended--
    (1) <>  by striking part A;
    (2) by striking the part heading relating to part B;
    (3) by redesignating sections 621 through 628 as sections
    602 through 609, respectively;
    (4) in section 602, as redesignated by paragraph (3)--
    (A) by striking ``part'' and inserting ``title'';
    and
    (B) by striking ``individuals with the most
    significant disabilities'' and all that follows and
    inserting ``individuals with the most significant
    disabilities, including youth with the most significant
    disabilities, to enable such individuals to achieve an
    employment outcome of supported employment in
    competitive integrated employment.'';
    (5) <>  in section 603, as redesignated
    by paragraph (3)--
    (A) in subsection (a)--
    (i) in paragraph (1)--
    (I) in the matter preceding
    subparagraph (A), by striking ``part''
    and inserting ``title'';
    (II) in subparagraph (A), by
    inserting ``amount'' after
    ``whichever''; and
    (III) in subparagraph (B)--

    [[Page 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. <>  AVAILABILITY OF SERVICES.

    ``(a) Supported Employment Services.--Funds provided under this
    title may be used to provide supported employment services to
    individuals who are eligible under this title.
    ``(b) Extended Services.--
    ``(1) In general.--Except as provided in paragraph (2),
    funds provided under this title, or title I, may not be used to
    provide extended services to individuals under this title or
    title I.
    ``(2) Extended services for youth with the most significant
    disabilities.--Funds allotted under this title, or title I, and
    used for the provision of services under this title to youth
    with the most significant disabilities pursuant to section
    603(d), may be used to provide extended services to youth with
    the most significant disabilities. <>  Such
    extended services shall be available for a period not to exceed
    4 years.'';
    (7) <>  in section 605, as redesignated
    by paragraph (3)--
    (A) in the matter preceding paragraph (1)--
    (i) by inserting ``, including a youth with a
    disability,'' after ``An individual''; and
    (ii) by striking ``this part'' and inserting
    ``this title'';
    (B) in paragraph (1), by inserting ``under title I''
    after ``rehabilitation services'';
    (C) in paragraph (2), by striking ``and'' after the
    semicolon;
    (D) by redesignating paragraph (3) as paragraph (4);

    [[Page 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) <>  in section 606, as redesignated
    by paragraph (3)--
    (A) in subsection (a)--
    (i) by striking ``this part'' and inserting
    ``this title''; and
    (ii) by inserting ``, including youth with the
    most significant disabilities,'' after
    ``individuals'';
    (B) in subsection (b)--
    (i) in paragraph (1), by striking ``this
    part'' and inserting ``this title'';
    (ii) in paragraph (2), by inserting ``,
    including youth,'' after ``rehabilitation needs of
    individuals'';
    (iii) in paragraph (3)--
    (I) by inserting ``, including youth
    with the most significant
    disabilities,'' after ``provided to
    individuals''; and
    (II) by striking ``section 622'' and
    inserting ``section 603'';
    (iv) by striking paragraph (7);
    (v) by redesignating paragraph (6) as
    paragraph (7);
    (vi) by inserting after paragraph (5) the
    following:
    ``(6) describe the activities to be conducted pursuant to
    section 603(d) for youth with the most significant disabilities,
    including--
    ``(A) <>  the provision of
    extended services for a period not to exceed 4 years;
    and
    ``(B) how the State will use the funds reserved in
    section 603(d) to leverage other public and private
    funds to increase resources for extended services and
    expand supported employment opportunities for youth with
    the most significant disabilities;'';
    (vii) in paragraph (7), as redesignated by
    clause (v)--
    (I) in subparagraph (A), by striking
    ``under this part'' both places the term
    appears and inserting ``under this
    title'';
    (II) in subparagraph (B), by
    inserting ``, including youth with the
    most significant disabilities,'' after
    ``significant disabilities'';
    (III) in subparagraph (C)--
    (aa) in clause (i), by
    inserting ``, including, as
    appropriate, for youth with the
    most significant disabilities,
    transition services and pre-
    employment transition services''
    after ``services to be
    provided'';
    (bb) <>
    in clause (ii), by inserting ``,
    including the extended services
    that may be provided to youth
    with the most significant
    disabilities under this title,
    in accordance with an approved
    individualized plan for
    employment,

    [[Page 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. <>  RESTRICTION.

    ``Each State agency designated under section 606(b)(1) shall collect
    the information required by section 101(a)(10) separately for--
    ``(1) eligible individuals receiving supported employment
    services under this title;
    ``(2) eligible individuals receiving supported employment
    services under title I;
    ``(3) eligible youth receiving supported employment services
    under this title; and
    ``(4) eligible youth receiving supported employment services
    under title I.'';
    (10) <>  in section 608(b), as
    redesignated by paragraph (3), by striking ``this part'' both
    places the terms appears and inserting ``this title''; and
    (11) <>  by striking section 609, as
    redesignated by paragraph (3), and inserting the following:
    ``SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE
    INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH
    DISABILITIES.

    ``(a) <>  Establishment.--Not later than 60 days
    after the date of enactment of the Workforce Innovation and Opportunity
    Act, the Secretary of Labor shall establish an Advisory Committee on

    [[Page 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) <>  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 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. <>  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 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. <>  ADMINISTRATION OF THE
    INDEPENDENT LIVING PROGRAM.

    ``There <>  is established within the
    Administration for Community Living of the Department of Health and
    Human Services, an Independent Living Administration. The Independent
    Living Administration shall be headed by a Director (referred to in this
    section as the `Director') appointed by the Secretary of Health and
    Human Services. The Director shall be an individual with substantial
    knowledge of independent living services. The Independent Living
    Administration shall be the principal agency, and the Director shall be
    the principal officer, to carry out this chapter. In performing the
    functions of the office, the Director shall be directly responsible to
    the Administrator of the Administration for Community Living of the
    Department of Health and Human Services. The Secretary shall ensure that
    the Independent Living Administration has sufficient resources
    (including designating at least 1 individual from the Office of General
    Counsel who is knowledgeable about independent living services) to
    provide technical assistance and support to, and oversight of, the
    programs funded under this chapter.''.
    SEC. 473. DEFINITIONS.

    Section 702 (29 U.S.C. 796a) is amended--
    (1) in paragraph (1)--
    (A) in the matter before subparagraph (A), by
    inserting ``for individuals with significant
    disabilities (regardless of age or income)'' before
    ``that--''; and
    (B) in subparagraph (B), by striking the period and
    inserting ``, including, at a minimum, independent
    living core services as defined in section 7(17).'';
    (2) in paragraph (2), by striking the period and inserting
    the following: ``, in terms of the management, staffing,
    decisionmaking, operation, and provisions of services, of the
    center.'';
    (3) by redesignating paragraphs (1) and (2) as paragraphs
    (2) and (3), respectively; and

    [[Page 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 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 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 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) <>
    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 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) <>  From the funds appropriated and made available to carry out
    this part for any fiscal year, beginning with fiscal year 2015, the
    Administrator shall first reserve not less than 1.8 percent and not more
    than 2 percent of the funds to provide, either directly or through
    grants, contracts, or cooperative agreements, training and technical
    assistance to Statewide Independent Living Councils established under
    section 705 for such fiscal year.

    ``(b) <>  The Administrator shall conduct a survey of
    such Statewide Independent Living Councils regarding training and
    technical assistance needs in order to determine funding priorities for
    such training and technical assistance.

    ``(c) To be eligible to receive a grant or enter into a contract or
    cooperative agreement under this section, an entity shall submit an
    application to the Administrator at such time, in such manner,

    [[Page 1691]]

    containing a proposal to provide such training and technical assistance,
    and containing such additional information, as the Administrator may
    require. <>  The Administrator shall provide for
    peer review of applications by panels that include persons who are not
    government employees and who have experience in the operation of such
    Statewide Independent Living Councils.''.

    (c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is amended by
    striking ``Commissioner'' and inserting ``Administrator''.
    (d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-2) is
    amended--
    (1) by striking the matter preceding paragraph (1) and
    inserting the following:

    ``(a) In General.--The State may use funds received under this part
    to provide the resources described in section 705(e) (but may not use
    more than 30 percent of the funds paid to the State under section 712
    for such resources unless the State specifies that a greater percentage
    of the funds is needed for such resources in a State plan approved under
    section 706), relating to the Statewide Independent Living Council, may
    retain funds under section 704(c)(5), and shall distribute the remainder
    of the funds received under this part in a manner consistent with the
    approved State plan for the activities described in subsection (b).
    ``(b) Activities.--The State may use the remainder of the funds
    described in subsection (a)--''; and
    (2) in paragraph (1), by inserting ``, particularly those in
    unserved areas of the State'' after ``disabilities''.

    (e) Authorization of Appropriations.--Section 714 (29 U.S.C. 796e-3)
    is amended by striking ``such sums as may be necessary for each of the
    fiscal years 1999 through 2003.'' and inserting ``$22,878,000 for fiscal
    year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year
    2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year
    2019, and $26,877,000 for fiscal year 2020.''.

    Subchapter C--Centers for Independent Living

    SEC. 481. PROGRAM AUTHORIZATION.

    Section 721 (29 U.S.C. 796f) is amended--
    (1) in subsection (a)--
    (A) by striking ``1999'' and inserting ``2015'';
    (B) by striking ``Commissioner shall allot'' and
    inserting ``Administrator shall make available''; and
    (C) by inserting ``, centers for independent
    living,'' after ``States'';
    (2) in subsection (b)--
    (A) in paragraph (1)--
    (i) in the paragraph heading, by striking
    ``other arrangements'' and inserting ``cooperative
    agreements'';
    (ii) by striking ``For'' and all that follows
    through ``Commissioner'' and inserting ``From the
    funds appropriated to carry out this part for any
    fiscal year, beginning with fiscal year 2015, the
    Administrator'';
    (iii) by striking ``reserve from such excess''
    and inserting ``reserve not less than 1.8 percent
    and not more than 2 percent of the funds''; and

    [[Page 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. <>  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 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) <>  From the funds appropriated and made available to carry out
    this chapter for any fiscal year, beginning with

    [[Page 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) <>  The Commissioner shall conduct a survey of
    designated State agencies that receive grants under section 752
    regarding training and technical assistance needs in order to determine
    funding priorities for such training and technical assistance.

    ``(c) To be eligible to receive a grant or enter into a contract or
    cooperative agreement under this section, an entity shall submit an
    application to the Commissioner at such time, in such manner, containing
    a proposal to provide such training and technical assistance, and
    containing such additional information, as the Commissioner may
    require. <>  The Commissioner shall provide for peer
    review of applications by panels that include persons who are not
    government employees and who have experience in the provision of
    services to older individuals who are blind.''.
    SEC. 487. PROGRAM OF GRANTS.

    Section 752 (29 U.S.C. 796k) is amended--
    (1) by striking subsection (h);
    (2) by redesignating subsections (i) and (j) as subsections
    (h) and (i), respectively;
    (3) in subsection (c)(2)--
    (A) by striking ``subsection (j)'' and inserting
    ``subsection (i)''; and
    (B) by striking ``subsection (i)'' and inserting
    ``subsection (h)'';
    (4) in subsection (g), by inserting ``, or contracts or
    cooperative agreements with,'' after ``grants to'';
    (5) in subsection (h), as redesignated by paragraph (2)--
    (A) in paragraph (1), by striking ``subsection
    (j)(4)'' and inserting ``subsection (i)(4)''; and
    (B) in paragraph (2)--
    (i) in subparagraph (A)(vi), by adding ``and''
    after the semicolon;
    (ii) in subparagraph (B)(ii)(III), by striking
    ``; and'' and inserting a period; and
    (iii) by striking subparagraph (C); and
    (6) in subsection (i), as redesignated by paragraph (2)--
    (A) in paragraph (2)(A)(ii), by inserting ``, and
    not reserved under section 751A,'' after ``section
    753'';
    (B) in paragraph (3)(A), by inserting ``, and not
    reserved under section 751A,'' after ``section 753'';
    and
    (C) in paragraph (4)(B)(i), by striking ``subsection
    (i)'' and inserting ``subsection (h)''.
    SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO
    ARE BLIND AUTHORIZATION OF APPROPRIATIONS.

    Section 753 (29 U.S.C. 796l) is amended by striking ``such sums as
    may be necessary for each of the fiscal years 1999 through 2003.'' and
    inserting ``$33,317,000 for fiscal year 2015, $35,890,000 for fiscal
    year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year
    2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year
    2020.''.

    [[Page 1695]]

    Subtitle I--General Provisions

    SEC. 491. <>  TRANSFER OF FUNCTIONS REGARDING
    INDEPENDENT LIVING TO DEPARTMENT OF HEALTH
    AND HUMAN SERVICES, AND SAVINGS
    PROVISIONS.

    (a) Definitions.--For purposes of this section, unless otherwise
    provided or indicated by the context--
    (1) the term ``Administration for Community Living'' means
    the Administration for Community Living of the Department of
    Health and Human Services;
    (2) the term ``Federal agency'' has the meaning given to the
    term ``agency'' by section 551(1) of title 5, United States
    Code;
    (3) the term ``function'' means any duty, obligation, power,
    authority, responsibility, right, privilege, activity, or
    program; and
    (4) the term ``Rehabilitation Services Administration''
    means the Rehabilitation Services Administration of the Office
    of Special Education and Rehabilitative Services of the
    Department of Education.

    (b) Transfer of Functions.--There are transferred to the
    Administration for Community Living, all functions which the
    Commissioner of the Rehabilitation Services Administration exercised
    before the effective date of this section (including all related
    functions of any officer or employee of that Administration) under
    chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796
    et seq.).
    (c) Personnel Determinations by the Office of Management and
    Budget.--The Office of Management and Budget shall--
    (1) ensure that this section does not result in any net
    increase in full-time equivalent employees at any Federal agency
    impacted by this section; and
    (2) <>  not later than 1
    year after the effective date of this section, certify
    compliance with this subsection to the Committee on Education
    and the Workforce of the House of Representatives and the
    Committee on Health, Education, Labor, and Pensions of the
    Senate.

    (d) Delegation and Assignment.--Except where otherwise expressly
    prohibited by law or otherwise provided by this section, the
    Administrator of the Administration for Community Living may delegate
    any of the functions transferred to the Administrator of such
    Administration by subsection (b) and any function described in
    subsection (b) that was transferred or granted to such Administrator
    after the effective date of this section to such officers and employees
    of such Administration as the Administrator may designate, and may
    authorize successive redelegations of such functions described in
    subsection (b) as may be necessary or appropriate. No delegation of such
    functions by the Administrator of the Administration for Community
    Living under this subsection or under any other provision of this
    section shall relieve such Administrator of responsibility for the
    administration of such functions.
    (e) Reorganization.--Except where otherwise expressly prohibited by
    law or otherwise provided by this Act, the Administrator of the
    Administration for Community Living is authorized to allocate or
    reallocate any function transferred under subsection (b) among the
    officers of such Administration, and to consolidate,

    [[Page 1696]]

    alter, or discontinue such organizational entities in such
    Administration as may be necessary or appropriate.
    (f) <>  Rules.--The Administrator of the
    Administration for Community Living is authorized to prescribe, in
    accordance with the provisions of chapters 5 and 6 of title 5, United
    States Code, such rules and regulations as that Administrator determines
    necessary or appropriate to administer and manage the functions
    described in subsection (b) of that Administration.

    (g) Transfer and Allocations of Appropriations and Personnel.--
    Except as otherwise provided in this section, the personnel employed in
    connection with, and the assets, liabilities, contracts, property,
    records, and unexpended balances of appropriations, authorizations,
    allocations, and other funds employed, used, held, arising from,
    available to, or to be made available in connection with the functions
    transferred by subsection (b), subject to section 1531 of title 31,
    United States Code, shall be transferred to the Administration for
    Community Living. Unexpended funds transferred pursuant to this
    subsection shall be used only for the purposes for which the funds were
    originally authorized and appropriated.
    (h) <>  Incidental Transfers.--The Director
    of the Office of Management and Budget, at such time or times as the
    Director shall provide, is authorized to make such determinations as may
    be necessary with regard to the functions transferred by subsection (b),
    and to make such additional incidental dispositions of personnel,
    assets, liabilities, grants, contracts, property, records, and
    unexpended balances of appropriations, authorizations, allocations, and
    other funds held, used, arising from, available to, or to be made
    available in connection with such functions, as may be necessary to
    carry out the provisions of this section. The Director of the Office of
    Management and Budget shall provide for the termination of the affairs
    of all entities terminated by this section and for such further measures
    and dispositions as may be necessary to effectuate the purposes of this
    section, with respect to such functions.

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

    [[Page 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 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) <>  Administrative matters.--
    Subsections (d) through (l) shall apply to transfers described
    in paragraph (1).

    (n) National Institute on Disability, Independent Living, and
    Rehabilitation Research.--
    (1) Definitions.--For purposes of this subsection, unless
    otherwise provided or indicated by the context--
    (A) the term ``NIDILRR'' means the National
    Institute on Disability, Independent Living, and
    Rehabilitation Research of the Administration for
    Community Living of the Department of Health and Human
    Services; and
    (B) the term ``NIDRR'' means the National Institute
    on Disability and Rehabilitation Research of the Office
    of Special Education and Rehabilitative Services of the
    Department of Education.
    (2) Transfer of functions.--There are transferred to the
    NIDILRR, all functions which the Director of the NIDRR exercised
    before the effective date of this section (including all related
    functions of any officer or employee of the NIDRR).
    (3) Administrative matters.--
    (A) <>  In general.--
    Subsections (d) through (l) shall apply to transfers
    described in paragraph (2).
    (B) <>  References.--For
    purposes of applying those subsections under
    subparagraph (A), those subsections--
    (i) shall apply to the NIDRR and the Director
    of the NIDRR in the same manner and to the same
    extent as those subsections apply to the
    Rehabilitation Services Administration and the
    Commissioner of that Administration; and
    (ii) shall apply to the NIDILRR and the
    Director of the NIDILRR in the same manner and to
    the same extent as those subsections apply to the
    Administration for Community Living and the
    Administrator of that Administration.

    (o) References in Assistive Technology Act of 1998.--
    (1) Secretary.--Section 3(13) of the Assistive Technology
    Act of 1998 (29 U.S.C. 3002(13)) is amended by striking
    ``Education'' and inserting ``Health and Human Services''.
    (2) National activities.--Section 6(d)(4) of the Assistive
    Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by
    striking ``Education'' and inserting ``Health and Human
    Services''.
    (3) General administration.--Section 7 of the Assistive
    Technology Act of 1998 (29 U.S.C. 3006) is amended--
    (A) in subsection (a)--
    (i) in paragraph (1), by striking ``the
    Assistant Secretary'' and all that follows through
    ``Rehabilitation

    [[Page 1699]]

    Services Administration,'' and inserting ``the
    Administrator of the Administration for Community
    Living'';
    (ii) <>  in paragraph
    (2), by striking ``The Assistant Secretary'' and
    all that follows and inserting ``The Administrator
    of the Administration for Community Living shall
    consult with the Office of Special Education
    Programs of the Department of Education, the
    Rehabilitation Services Administration of the
    Department of Education, the Office of Disability
    Employment Policy of the Department of Labor, the
    National Institute on Disability, Independent
    Living, and Rehabilitation Research, and other
    appropriate Federal entities in the administration
    of this Act.''; and
    (iii) in paragraph (3), by striking ``the
    Rehabilitation Services Administration'' and
    inserting ``the Administrator of the
    Administration for Community Living''; and
    (B) in subsection (c)(5), by striking ``Education''
    and inserting ``Health and Human Services''.
    SEC. 492. TABLE OF CONTENTS.

    The table of contents in section 1(b) is amended--
    (1) by striking the item relating to section 109 and
    inserting the following:

    ``Sec. 109. Training and services for employers.'';

    (2) by inserting after the item relating to section 112 the
    following:

    ``Sec. 113. Provision of pre-employment transition services.'';

    (3) by striking the item relating to section 202 and
    inserting the following:

    ``Sec. 202. National Institute on Disability, Independent Living, and
    Rehabilitation Research.'';

    (4) by striking the item relating to section 205 and
    inserting the following:

    ``Sec. 205. Disability, Independent Living, and Rehabilitation Research
    Advisory Council.
    ``Sec. 206. Definition of covered school.'';

    (5) by striking the items relating to sections 304, 305, and
    306 and inserting the following:

    ``Sec. 304. Measuring of project outcomes and performance.''.

    (6) by inserting after the item relating to section 509 the
    following:

    ``Sec. 511. Limitations on use of subminimum wage.'';

    (7) by striking the items relating to title VI and inserting
    the following:

    ``TITLE VI--EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
    ``Sec. 601. Short title.
    ``Sec. 602. Purpose.
    ``Sec. 603. Allotments.
    ``Sec. 604. Availability of services.
    ``Sec. 605. Eligibility.
    ``Sec. 606. State plan.

    [[Page 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. <>  PRIVACY.

    (a) Section 444 of the General Education Provisions Act.--Nothing in
    this Act (including the amendments made by this Act) shall be construed
    to supersede the privacy protections afforded parents and students under
    section 444 of the General Education Provisions Act (20 U.S.C. 1232g).
    (b) Prohibition on Development of National Database.--
    (1) In general.--Nothing in this Act (including the
    amendments made by this Act) shall be construed to permit the
    development of a national database of personally identifiable
    information on individuals receiving services under title I or
    under the amendments made by title IV.
    (2) Limitation.--Nothing in paragraph (1) shall be construed
    to prevent the proper administration of national programs under
    subtitles C and D of title I, or the amendments made by title IV
    (as the case may be), or to carry out program management
    activities consistent with title I or the amendments made by
    title IV (as the case may be).
    SEC. 502. <>  BUY-AMERICAN REQUIREMENTS.

    (a) Compliance With Buy American Act.--None of the funds made
    available under title I or II or under the Wagner-Peyser Act (29 U.S.C.
    49 et seq.) may be expended by an entity unless the entity agrees that
    in expending the funds the entity will comply with sections 8301 through
    8303 of title 41, United States Code (commonly known as the ``Buy
    American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
    (1) Purchase of american-made equipment and products.--In
    the case of any equipment or product that may

    [[Page 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. <>  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 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. <>  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 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. <>  EFFECTIVE DATES.

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

    [[Page 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 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 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 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 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 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 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 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 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 <>  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 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 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 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 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 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 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 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 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 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 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. <>  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.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014):
    July 22, Presidential remarks.