[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) <