[113th Congress Public Law 128]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 1425]]
Public Law 113-128
113th Congress
An Act
To amend the Workforce Investment Act of 1998 to strengthen the United
States workforce development system through innovation in, and alignment
and improvement of, employment, training, and education programs in the
United States, and to promote individual and national economic growth,
and for other purposes. <<NOTE: July 22, 2014 - [H.R. 803]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Workforce
Innovation and Opportunity Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 29 USC 3101 note.>> Short Title.--This Act may be cited
as the ``Workforce Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
Chapter 1--State Provisions
Sec. 101. State workforce development boards.
Sec. 102. Unified State plan.
Sec. 103. Combined State plan.
Chapter 2--Local Provisions
Sec. 106. Workforce development areas.
Sec. 107. Local workforce development boards.
Sec. 108. Local plan.
Chapter 3--Board Provisions
Sec. 111. Funding of State and local boards.
Chapter 4--Performance Accountability
Sec. 116. Performance accountability system.
Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 126. General authorization.
Sec. 127. State allotments.
Sec. 128. Within State allocations.
Sec. 129. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 131. General authorization.
[[Page 128 STAT. 1426]]
Sec. 132. State allotments.
Sec. 133. Within State allocations.
Sec. 134. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 136. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 141. Purposes.
Sec. 142. Definitions.
Sec. 143. Establishment.
Sec. 144. Individuals eligible for the Job Corps.
Sec. 145. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 146. Enrollment.
Sec. 147. Job Corps centers.
Sec. 148. Program activities.
Sec. 149. Counseling and job placement.
Sec. 150. Support.
Sec. 151. Operations.
Sec. 152. Standards of conduct.
Sec. 153. Community participation.
Sec. 154. Workforce councils.
Sec. 155. Advisory committees.
Sec. 156. Experimental projects and technical assistance.
Sec. 157. Application of provisions of Federal law.
Sec. 158. Special provisions.
Sec. 159. Management information.
Sec. 160. General provisions.
Sec. 161. Job Corps oversight and reporting.
Sec. 162. Authorization of appropriations.
Subtitle D--National Programs
Sec. 166. Native American programs.
Sec. 167. Migrant and seasonal farmworker programs.
Sec. 168. Technical assistance.
Sec. 169. Evaluations and research.
Sec. 170. National dislocated worker grants.
Sec. 171. YouthBuild program.
Sec. 172. Authorization of appropriations.
Subtitle E--Administration
Sec. 181. Requirements and restrictions.
Sec. 182. Prompt allocation of funds.
Sec. 183. Monitoring.
Sec. 184. Fiscal controls; sanctions.
Sec. 185. Reports; recordkeeping; investigations.
Sec. 186. Administrative adjudication.
Sec. 187. Judicial review.
Sec. 188. Nondiscrimination.
Sec. 189. Secretarial administrative authorities and responsibilities.
Sec. 190. Workforce flexibility plans.
Sec. 191. State legislative authority.
Sec. 192. Transfer of Federal equity in State employment security agency
real property to the States.
Sec. 193. Continuation of State activities and policies.
Sec. 194. General program requirements.
Sec. 195. Restrictions on lobbying activities.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Home schools.
Sec. 205. Rule of construction regarding postsecondary transition and
concurrent enrollment activities.
Sec. 206. Authorization of appropriations.
Subtitle A--Federal Provisions
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
Sec. 212. Performance accountability system.
[[Page 128 STAT. 1427]]
Subtitle B--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; matching requirement.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other institutionalized
individuals.
Subtitle C--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Subtitle D--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. National leadership activities.
Sec. 243. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance measures.
Sec. 308. Workforce and labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation and information.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Evaluation standards and performance indicators.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Payments to States.
Sec. 421. Client assistance program.
Sec. 422. Pre-employment transition services.
Sec. 423. American Indian vocational rehabilitation services.
Sec. 424. Vocational rehabilitation services client information.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability, Independent Living, and
Rehabilitation Research.
Sec. 434. Interagency committee.
Sec. 435. Research and other covered activities.
Sec. 436. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Purpose; training.
[[Page 128 STAT. 1428]]
Sec. 442. Demonstration, training, and technical assistance programs.
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Establishment.
Sec. 452. Report.
Sec. 453. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Interagency Committee, Board, and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Limitations on use of subminimum wage.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Employment opportunities for individuals with disabilities.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals With Significant Disabilities
subchapter a--general provisions
Sec. 471. Purpose.
Sec. 472. Administration of the independent living program.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 475A. Responsibilities of the Administrator.
subchapter b--independent living services
Sec. 476. Administration.
subchapter c--centers for independent living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 2--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--General Provisions
Sec. 491. Transfer of functions regarding independent living to
Department of Health and Human Services, and savings
provisions.
Sec. 492. Table of contents.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
Sec. 501. Privacy.
Sec. 502. Buy-American requirements.
Sec. 503. Transition provisions.
Sec. 504. Reduction of reporting burdens and requirements.
Sec. 505. Report on data capability of Federal and State databases and
data exchange agreements.
Sec. 506. Effective dates.
Subtitle B--Amendments to Other Laws
Sec. 511. Repeal of the Workforce Investment Act of 1998.
Sec. 512. Conforming amendments.
Sec. 513. References.
SEC. 2. <<NOTE: 29 USC 3101.>> PURPOSES.
The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment,
[[Page 128 STAT. 1429]]
access to and opportunities for the employment, education,
training, and support services they need to succeed in the labor
market.
(2) To support the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce
development system in the United States.
(3) To improve the quality and labor market relevance of
workforce investment, education, and economic development
efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment with
family-sustaining wages and to provide America's employers with
the skilled workers the employers need to succeed in a global
economy.
(4) To promote improvement in the structure of and delivery
of services through the United States workforce development
system to better address the employment and skill needs of
workers, jobseekers, and employers.
(5) To increase the prosperity of workers and employers in
the United States, the economic growth of communities, regions,
and States, and the global competitiveness of the United States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase attainment
of recognized postsecondary credentials by participants, and as
a result, improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the skill
requirements of employers, and enhance the productivity and
competitiveness of the Nation.
SEC. 3. <<NOTE: 29 USC 3102.>> DEFINITIONS.
In this Act, and the core program provisions that are not in this
Act, except as otherwise expressly provided:
(1) Administrative costs.--The term ``administrative costs''
means expenditures incurred by State boards and local boards,
direct recipients (including State grant recipients under
subtitle B of title I and recipients of awards under subtitles C
and D of title I), local grant recipients, local fiscal agents
or local grant subrecipients, and one-stop operators in the
performance of administrative functions and in carrying out
activities under title I that are not related to the direct
provision of workforce investment services (including services
to participants and employers). Such costs include both
personnel and nonpersonnel costs and both direct and indirect
costs.
(2) Adult.--Except as otherwise specified in section 132,
the term ``adult'' means an individual who is age 18 or older.
(3) Adult education; adult education and literacy
activities.--The terms ``adult education'' and ``adult education
and literacy activities'' have the meanings given the terms in
section 203.
(4) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
[[Page 128 STAT. 1430]]
(5) Basic skills deficient.--The term ``basic skills
deficient'' means, with respect to an individual--
(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the
8th grade level on a generally accepted standardized
test; or
(B) who is a youth or adult, that the individual is
unable to compute or solve problems, or read, write, or
speak English, at a level necessary to function on the
job, in the individual's family, or in society.
(6) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in section
3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
(7) Career pathway.--The term ``career pathway'' means a
combination of rigorous and high-quality education, training,
and other services that--
(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
(B) prepares an individual to be successful in any
of a full range of secondary or postsecondary education
options, including apprenticeships registered under the
Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.) (referred to individually in this Act
as an ``apprenticeship'', except in section 171);
(C) includes counseling to support an individual in
achieving the individual's education and career goals;
(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific
occupation or occupational cluster;
(E) organizes education, training, and other
services to meet the particular needs of an individual
in a manner that accelerates the educational and career
advancement of the individual to the extent practicable;
(F) enables an individual to attain a secondary
school diploma or its recognized equivalent, and at
least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a
specific occupation or occupational cluster.
(8) Career planning.--The term ``career planning'' means the
provision of a client-centered approach in the delivery of
services, designed--
(A) to prepare and coordinate comprehensive
employment plans, such as service strategies, for
participants to ensure access to necessary workforce
investment activities and supportive services, using,
where feasible, computer-based technologies; and
(B) to provide job, education, and career
counseling, as appropriate during program participation
and after job placement.
(9) Chief elected official.--The term ``chief elected
official'' means--
(A) the chief elected executive officer of a unit of
general local government in a local area; and
(B) in a case in which a local area includes more
than 1 unit of general local government, the individuals
[[Page 128 STAT. 1431]]
designated under the agreement described in section
107(c)(1)(B).
(10) Community-based organization.--The term ``community-
based organization'' means a private nonprofit organization
(which may include a faith-based organization), that is
representative of a community or a significant segment of a
community and that has demonstrated expertise and effectiveness
in the field of workforce development.
(11) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given the
term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C.
705), for individuals with disabilities.
(12) Core program.--The term ``core programs'' means a
program authorized under a core program provision.
(13) Core program provision.--The term ``core program
provision'' means--
(A) chapters 2 and 3 of subtitle B of title I
(relating to youth workforce investment activities and
adult and dislocated worker employment and training
activities);
(B) title II (relating to adult education and
literacy activities);
(C) sections 1 through 13 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) (relating to employment
services); and
(D) title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or part C of
that title (29 U.S.C. 732, 741) (relating to vocational
rehabilitation services).
(14) Customized training.--The term ``customized training''
means training--
(A) that is designed to meet the specific
requirements of an employer (including a group of
employers);
(B) that is conducted with a commitment by the
employer to employ an individual upon successful
completion of the training; and
(C) for which the employer pays--
(i) a significant portion of the cost of
training, as determined by the local board
involved, taking into account the size of the
employer and such other factors as the local board
determines to be appropriate, which may include
the number of employees participating in training,
wage and benefit levels of those employees (at
present and anticipated upon completion of the
training), relation of the training to the
competitiveness of a participant, and other
employer-provided training and advancement
opportunities; and
(ii) in the case of customized training (as
defined in subparagraphs (A) and (B)) involving an
employer located in multiple local areas in the
State, a significant portion of the cost of the
training, as determined by the Governor of the
State, taking into account the size of the
employer and such other factors as the Governor
determines to be appropriate.
(15) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has
received a notice of termination or layoff, from
employment;
[[Page 128 STAT. 1432]]
(ii)(I) is eligible for or has exhausted entitlement
to unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop
center referred to in section 121(e), attachment to the
workforce, but is not eligible for unemployment
compensation due to insufficient earnings or having
performed services for an employer that were not covered
under a State unemployment compensation law; and
(iii) is unlikely to return to a previous industry
or occupation;
(B)(i) has been terminated or laid off, or has
received a notice of termination or layoff, from
employment as a result of any permanent closure of, or
any substantial layoff at, a plant, facility, or
enterprise;
(ii) is employed at a facility at which the employer
has made a general announcement that such facility will
close within 180 days; or
(iii) for purposes of eligibility to receive
services other than training services described in
section 134(c)(3), career services described in section
134(c)(2)(A)(xii), or supportive services, is employed
at a facility at which the employer has made a general
announcement that such facility will close;
(C) was self-employed (including employment as a
farmer, a rancher, or a fisherman) but is unemployed as
a result of general economic conditions in the community
in which the individual resides or because of natural
disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed Forces
on active duty (as defined in section 101(d)(1) of title
10, United States Code), and who has experienced a loss
of employment as a direct result of relocation to
accommodate a permanent change in duty station of such
member; or
(ii) is the spouse of a member of the Armed Forces
on active duty and who meets the criteria described in
paragraph (16)(B).
(16) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A)(i) has been dependent on the income of another
family member but is no longer supported by that income;
or
(ii) is the dependent spouse of a member of the
Armed Forces on active duty (as defined in section
101(d)(1) of title 10, United States Code) and whose
family income is significantly reduced because of a
deployment (as defined in section 991(b) of title 10,
United States Code, or pursuant to paragraph (4) of such
section), a call or order to active duty pursuant to a
provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, a permanent change of
station, or the service-connected (as defined in section
101(16) of title 38, United States Code) death or
disability of the member; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
[[Page 128 STAT. 1433]]
(17) Economic development agency.--The term ``economic
development agency'' includes a local planning or zoning
commission or board, a community development agency, or another
local agency or institution responsible for regulating,
promoting, or assisting in local economic development.
(18) Eligible youth.--Except as provided in subtitles C and
D of title I, the term ``eligible youth'' means an in-school
youth or out-of-school youth.
(19) Employment and training activity.--The term
``employment and training activity'' means an activity described
in section 134 that is carried out for an adult or dislocated
worker.
(20) English language acquisition program.--The term
``English language acquisition program'' has the meaning given
the term in section 203.
(21) English language learner.--The term ``English language
learner'' has the meaning given the term in section 203.
(22) Governor.--The term ``Governor'' means the chief
executive of a State or an outlying area.
(23) In-demand industry sector or occupation.--
(A) In general.--The term ``in-demand industry
sector or occupation'' means--
(i) an industry sector that has a substantial
current or potential impact (including through
jobs that lead to economic self-sufficiency and
opportunities for advancement) on the State,
regional, or local economy, as appropriate, and
that contributes to the growth or stability of
other supporting businesses, or the growth of
other industry sectors; or
(ii) an occupation that currently has or is
projected to have a number of positions (including
positions that lead to economic self-sufficiency
and opportunities for advancement) in an industry
sector so as to have a significant impact on the
State, regional, or local economy, as appropriate.
(B) Determination.--The determination of whether an
industry sector or occupation is in-demand under this
paragraph shall be made by the State board or local
board, as appropriate, using State and regional business
and labor market projections, including the use of labor
market information.
(24) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' means a member of 1
or more of the following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native Hawaiians,
as such terms are defined in section 166.
(D) Individuals with disabilities, including youth
who are individuals with disabilities.
(E) Older individuals.
(F) Ex-offenders.
(G) Homeless individuals (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or homeless children and youths
(as
[[Page 128 STAT. 1434]]
defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the foster
care system.
(I) Individuals who are English language learners,
individuals who have low levels of literacy, and
individuals facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as
defined in section 167(i).
(K) Individuals within 2 years of exhausting
lifetime eligibility under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant
women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved
determines to have barriers to employment.
(25) Individual with a disability.--
(A) In general.--The term ``individual with a
disability'' means an individual with a disability as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(B) Individuals with disabilities.--The term
``individuals with disabilities'' means more than 1
individual with a disability.
(26) Industry or sector partnership.--The term ``industry or
sector partnership'' means a workforce collaborative, convened
by or acting in partnership with a State board or local board,
that--
(A) organizes key stakeholders in an industry
cluster into a working group that focuses on the shared
goals and human resources needs of the industry cluster
and that includes, at the appropriate stage of
development of the partnership--
(i) representatives of multiple businesses or
other employers in the industry cluster, including
small and medium-sized employers when practicable;
(ii) 1 or more representatives of a recognized
State labor organization or central labor council,
or another labor representative, as appropriate;
and
(iii) 1 or more representatives of an
institution of higher education with, or another
provider of, education or training programs that
support the industry cluster; and
(B) may include representatives of--
(i) State or local government;
(ii) State or local economic development
agencies;
(iii) State boards or local boards, as
appropriate;
(iv) a State workforce agency or other entity
providing employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-
based organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
[[Page 128 STAT. 1435]]
(xi) other organizations, as determined to be
necessary by the members comprising the industry
or sector partnership.
(27) In-school youth.--The term ``in-school youth'' means a
youth described in section 129(a)(1)(C).
(28) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101, and subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)).
(29) Integrated education and training.--The term
``integrated education and training'' has the meaning given the
term in section 203.
(30) Labor market area.--The term ``labor market area''
means an economically integrated geographic area within which
individuals can reside and find employment within a reasonable
distance or can readily change employment without changing their
place of residence. Such an area shall be identified in
accordance with criteria used by the Bureau of Labor Statistics
of the Department of Labor in defining such areas or similar
criteria established by a Governor.
(31) Literacy.--The term ``literacy'' has the meaning given
the term in section 203.
(32) Local area.--The term ``local area'' means a local
workforce investment area designated under section 106, subject
to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
(33) Local board.--The term ``local board'' means a local
workforce development board established under section 107,
subject to section 107(c)(4)(B)(i).
(34) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(35) Local plan.--The term ``local plan'' means a plan
submitted under section 108, subject to section 106(c)(3)(B).
(36) Low-income individual.--
(A) In general.--The term ``low-income individual''
means an individual who--
(i) receives, or in the past 6 months has
received, or is a member of a family that is
receiving or in the past 6 months has received,
assistance through the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
program of block grants to States for temporary
assistance for needy families program under part A
of title IV of the Social Security Act (42 U.S.C.
601 et seq.), or the supplemental security income
program established under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.), or State or
local income-based public assistance;
(ii) is in a family with total family income
that does not exceed the higher of--
(I) the poverty line; or
(II) 70 percent of the lower living
standard income level;
(iii) is a homeless individual (as defined in
section 41403(6) of the Violence Against Women Act
of 1994
[[Page 128 STAT. 1436]]
(42 U.S.C. 14043e-2(6))), or a homeless child or
youth (as defined under section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2)));
(iv) receives or is eligible to receive a free
or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751
et seq.);
(v) is a foster child on behalf of whom State
or local government payments are made; or
(vi) is an individual with a disability whose
own income meets the income requirement of clause
(ii), but who is a member of a family whose income
does not meet this requirement.
(B) Lower living standard income level.--The term
``lower living standard income level'' means that income
level (adjusted for regional, metropolitan, urban, and
rural differences and family size) determined annually
by the Secretary of Labor based on the most recent lower
living family budget issued by the Secretary.
(37) Nontraditional employment.--The term ``nontraditional
employment'' refers to occupations or fields of work, for which
individuals from the gender involved comprise less than 25
percent of the individuals employed in each such occupation or
field of work.
(38) Offender.--The term ``offender'' means an adult or
juvenile--
(A) who is or has been subject to any stage of the
criminal justice process, and for whom services under
this Act may be beneficial; or
(B) who requires assistance in overcoming artificial
barriers to employment resulting from a record of arrest
or conviction.
(39) Older individual.--The term ``older individual'' means
an individual age 55 or older.
(40) One-stop center.--The term ``one-stop center'' means a
site described in section 121(e)(2).
(41) One-stop operator.--The term ``one-stop operator''
means 1 or more entities designated or certified under section
121(d).
(42) One-stop partner.--The term ``one-stop partner''
means--
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that is
participating, with the approval of the local board and
chief elected official, in the operation of a one-stop
delivery system.
(43) One-stop partner program.--The term ``one-stop partner
program'' means a program or activities described in section
121(b) of a one-stop partner.
(44) On-the-job training.--The term ``on-the-job training''
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that--
(A) provides knowledge or skills essential to the
full and adequate performance of the job;
(B) is made available through a program that
provides reimbursement to the employer of up to 50
percent of the wage rate of the participant, except as
provided in section 134(c)(3)(H), for the extraordinary
costs of providing
[[Page 128 STAT. 1437]]
the training and additional supervision related to the
training; and
(C) is limited in duration as appropriate to the
occupation for which the participant is being trained,
taking into account the content of the training, the
prior work experience of the participant, and the
service strategy of the participant, as appropriate.
(45) Outlying area.--The term ``outlying area'' means--
(A) American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the United States Virgin
Islands; and
(B) the Republic of Palau, except during any period
for which the Secretary of Labor and the Secretary of
Education determine that a Compact of Free Association
is in effect and contains provisions for training and
education assistance prohibiting the assistance provided
under this Act.
(46) Out-of-school youth.--The term ``out-of-school youth''
means a youth described in section 129(a)(1)(B).
(47) Pay-for-performance contract strategy.--The term ``pay-
for-performance contract strategy'' means a procurement strategy
that uses pay-for-performance contracts in the provision of
training services described in section 134(c)(3) or activities
described in section 129(c)(2), and includes--
(A) contracts, each of which shall specify a fixed
amount that will be paid to an eligible service provider
(which may include a local or national community-based
organization or intermediary, community college, or
other training provider, that is eligible under section
122 or 123, as appropriate) based on the achievement of
specified levels of performance on the primary
indicators of performance described in section
116(b)(2)(A) for target populations as identified by the
local board (including individuals with barriers to
employment), within a defined timetable, and which may
provide for bonus payments to such service provider to
expand capacity to provide effective training;
(B) a strategy for independently validating the
achievement of the performance described in subparagraph
(A); and
(C) a description of how the State or local area
will reallocate funds not paid to a provider because the
achievement of the performance described in subparagraph
(A) did not occur, for further activities related to
such a procurement strategy, subject to section
189(g)(4).
(48) Planning region.--The term ``planning region'' means a
region described in subparagraph (B) or (C) of section
106(a)(2), subject to section 107(c)(4)(B)(i).
(49) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and Budget,
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(50) Public assistance.--The term ``public assistance''
means Federal, State, or local government cash payments for
which eligibility is determined by a needs or income test.
(51) Rapid response activity.--The term ``rapid response
activity'' means an activity provided by a State, or by an
entity
[[Page 128 STAT. 1438]]
designated by a State, with funds provided by the State under
section 134(a)(1)(A), in the case of a permanent closure or mass
layoff at a plant, facility, or enterprise, or a natural or
other disaster, that results in mass job dislocation, in order
to assist dislocated workers in obtaining reemployment as soon
as possible, with services including--
(A) the establishment of onsite contact with
employers and employee representatives--
(i) immediately after the State is notified of
a current or projected permanent closure or mass
layoff; or
(ii) in the case of a disaster, immediately
after the State is made aware of mass job
dislocation as a result of such disaster;
(B) the provision of information on and access to
available employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and
management, with the ability to devise and implement a
strategy for assessing the employment and training needs
of dislocated workers and obtaining services to meet
such needs;
(D) the provision of emergency assistance adapted to
the particular closure, layoff, or disaster; and
(E) the provision of assistance to the local
community in developing a coordinated response and in
obtaining access to State economic development
assistance.
(52) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized certificate or
certification, a certificate of completion of an apprenticeship,
a license recognized by the State involved or Federal
Government, or an associate or baccalaureate degree.
(53) Region.--The term ``region'', used without further
description, means a region identified under section 106(a),
subject to section 107(c)(4)(B)(i) and except as provided in
section 106(b)(1)(B)(ii).
(54) School dropout.--The term ``school dropout'' means an
individual who is no longer attending any school and who has not
received a secondary school diploma or its recognized
equivalent.
(55) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(56) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(57) State board.--The term ``State board'' means a State
workforce development board established under section 101.
(58) State plan.--The term ``State plan'', used without
further description, means a unified State plan under section
102 or a combined State plan under section 103.
(59) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary to
enable an individual to participate in activities authorized
under this Act.
[[Page 128 STAT. 1439]]
(60) Training services.--The term ``training services''
means services described in section 134(c)(3).
(61) Unemployed individual.--The term ``unemployed
individual'' means an individual who is without a job and who
wants and is available for work. The determination of whether an
individual is without a job, for purposes of this paragraph,
shall be made in accordance with the criteria used by the Bureau
of Labor Statistics of the Department of Labor in defining
individuals as unemployed.
(62) Unit of general local government.--The term ``unit of
general local government'' means any general purpose political
subdivision of a State that has the power to levy taxes and
spend funds, as well as general corporate and police powers.
(63) Veteran; related definition.--
(A) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 38, United States
Code.
(B) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under this Act within 48 months after the
discharge or release from active military, naval, or air
service.
(64) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program authorized
under a provision covered under paragraph (13)(D).
(65) Workforce development activity.--The term ``workforce
development activity'' means an activity carried out through a
workforce development program.
(66) Workforce development program.--The term ``workforce
development program'' means a program made available through a
workforce development system.
(67) Workforce development system.--The term ``workforce
development system'' means a system that makes available the
core programs, the other one-stop partner programs, and any
other programs providing employment and training services as
identified by a State board or local board.
(68) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training activity,
and a youth workforce investment activity.
(69) Workforce preparation activities.--The term ``workforce
preparation activities'' has the meaning given the term in
section 203.
(70) Workplace learning advisor.--The term ``workplace
learning advisor'' means an individual employed by an
organization who has the knowledge and skills necessary to
advise other employees of that organization about the education,
skill development, job training, career counseling services, and
credentials, including services provided through the workforce
development system, required to progress toward career goals of
such employees in order to meet employer requirements related to
job openings and career advancements that support economic self-
sufficiency.
(71) Youth workforce investment activity.--The term ``youth
workforce investment activity'' means an activity described in
section 129 that is carried out for eligible youth (or as
described in section 129(a)(3)(A)).
[[Page 128 STAT. 1440]]
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 101. <<NOTE: 29 USC 3111.>> STATE WORKFORCE DEVELOPMENT
BOARDS.
(a) In General.--The Governor of a State shall establish a State
workforce development board to carry out the functions described in
subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State
legislature (to the extent consistent with State law),
appointed by the appropriate presiding officers of such
chamber; and
(C) members appointed by the Governor, of which--
(i) a majority shall be representatives of
businesses in the State, who--
(I) are owners of businesses, chief
executives or operating officers of
businesses, or other business executives
or employers with optimum policymaking
or hiring authority, and who, in
addition, may be members of a local
board described in section
107(b)(2)(A)(i);
(II) represent businesses (including
small businesses), or organizations
representing businesses described in
this subclause, that provide employment
opportunities that, at a minimum,
include high-quality, work-relevant
training and development in in-demand
industry sectors or occupations in the
State; and
(III) are appointed from among
individuals nominated by State business
organizations and business trade
associations;
(ii) not less than 20 percent shall be
representatives of the workforce within the State,
who--
(I) shall include representatives of
labor organizations, who have been
nominated by State labor federations;
(II) shall include a representative,
who shall be a member of a labor
organization or a training director,
from a joint labor-management
apprenticeship program, or if no such
joint program exists in the State, such
a representative of an apprenticeship
program in the State;
(III) may include representatives of
community-based organizations that have
demonstrated experience and expertise in
addressing the employment, training, or
education needs of individuals with
barriers to employment, including
organizations that serve veterans or
that provide or support competitive,
integrated employment for individuals
with disabilities; and
[[Page 128 STAT. 1441]]
(IV) may include representatives of
organizations that have demonstrated
experience and expertise in addressing
the employment, training, or education
needs of eligible youth, including
representatives of organizations that
serve out-of-school youth; and
(iii) the balance--
(I) shall include representatives of
government, who--
(aa) shall include the lead
State officials with primary
responsibility for the core
programs; and
(bb) shall include chief
elected officials (collectively
representing both cities and
counties, where appropriate);
and
(II) may include such other
representatives and officials as the
Governor may designate, such as--
(aa) the State agency
officials from agencies that are
one-stop partners not specified
in subclause (I) (including
additional one-stop partners
whose programs are covered by
the State plan, if any);
(bb) State agency officials
responsible for economic
development or juvenile justice
programs in the State;
(cc) individuals who
represent an Indian tribe or
tribal organization, as such
terms are defined in section
166(b); and
(dd) State agency officials
responsible for education
programs in the State, including
chief executive officers of
community colleges and other
institutions of higher
education.
(2) Diverse and distinct representation.--The members of the
State board shall represent diverse geographic areas of the
State, including urban, rural, and suburban areas.
(3) No representation of multiple categories.--No person
shall serve as a member for more than 1 of--
(A) the category described in paragraph (1)(C)(i);
or
(B) 1 category described in a subclause of clause
(ii) or (iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson for the
State board from among the representatives described in subsection
(b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor in--
(1) the development, implementation, and modification of the
State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on
actions that should be taken by the State to align workforce
development programs in the State in a manner that supports a
comprehensive and streamlined workforce development system in
the State, including the review and provision of comments on the
State plans, if any, for programs and activities of one-stop
partners that are not core programs;
[[Page 128 STAT. 1442]]
(3) the development and continuous improvement of the
workforce development system in the State, including--
(A) the identification of barriers and means for
removing barriers to better coordinate, align, and avoid
duplication among the programs and activities carried
out through the system;
(B) the development of strategies to support the use
of career pathways for the purpose of providing
individuals, including low-skilled adults, youth, and
individuals with barriers to employment (including
individuals with disabilities), with workforce
investment activities, education, and supportive
services to enter or retain employment;
(C) the development of strategies for providing
effective outreach to and improved access for
individuals and employers who could benefit from
services provided through the workforce development
system;
(D) the development and expansion of strategies for
meeting the needs of employers, workers, and jobseekers,
particularly through industry or sector partnerships
related to in-demand industry sectors and occupations;
(E) the identification of regions, including
planning regions, for the purposes of section 106(a),
and the designation of local areas under section 106,
after consultation with local boards and chief elected
officials;
(F) the development and continuous improvement of
the one-stop delivery system in local areas, including
providing assistance to local boards, one-stop
operators, one-stop partners, and providers with
planning and delivering services, including training
services and supportive services, to support effective
delivery of services to workers, jobseekers, and
employers; and
(G) the development of strategies to support staff
training and awareness across programs supported under
the workforce development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on
best practices, including best practices for--
(A) the effective operation of one-stop centers,
relating to the use of business outreach, partnerships,
and service delivery strategies, including strategies
for serving individuals with barriers to employment;
(B) the development of effective local boards, which
may include information on factors that contribute to
enabling local boards to exceed negotiated local levels
of performance, sustain fiscal integrity, and achieve
other measures of effectiveness; and
(C) effective training programs that respond to
real-time labor market analysis, that effectively use
direct assessment and prior learning assessment to
measure an individual's prior knowledge, skills,
competencies, and experiences, and that evaluate such
skills, and competencies for adaptability, to support
efficient placement into employment or career pathways;
[[Page 128 STAT. 1443]]
(6) the development and review of statewide policies
affecting the coordinated provision of services through the
State's one-stop delivery system described in section 121(e),
including the development of--
(A) objective criteria and procedures for use by
local boards in assessing the effectiveness and
continuous improvement of one-stop centers described in
such section;
(B) guidance for the allocation of one-stop center
infrastructure funds under section 121(h); and
(C) policies relating to the appropriate roles and
contributions of entities carrying out one-stop partner
programs within the one-stop delivery system, including
approaches to facilitating equitable and efficient cost
allocation in such system;
(7) the development of strategies for technological
improvements to facilitate access to, and improve the quality
of, services and activities provided through the one-stop
delivery system, including such improvements to--
(A) enhance digital literacy skills (as defined in
section 202 of the Museum and Library Services Act (20
U.S.C. 9101); referred to in this Act as ``digital
literacy skills'');
(B) accelerate the acquisition of skills and
recognized postsecondary credentials by participants;
(C) strengthen the professional development of
providers and workforce professionals; and
(D) ensure such technology is accessible to
individuals with disabilities and individuals residing
in remote areas;
(8) the development of strategies for aligning technology
and data systems across one-stop partner programs to enhance
service delivery and improve efficiencies in reporting on
performance accountability measures (including the design and
implementation of common intake, data collection, case
management information, and performance accountability
measurement and reporting processes and the incorporation of
local input into such design and implementation, to improve
coordination of services across one-stop partner programs);
(9) the development of allocation formulas for the
distribution of funds for employment and training activities for
adults, and youth workforce investment activities, to local
areas as permitted under sections 128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described in
paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) Alternative Entity.--
(1) In general.--For the purposes of complying with
subsections (a), (b), and (c), a State may use any State entity
(including a State council, State workforce development board
(within the meaning of the Workforce Investment Act of 1998, as
in effect on the day before the date of enactment of this Act),
combination of regional workforce development boards, or similar
entity) that--
[[Page 128 STAT. 1444]]
(A) was in existence on the day before the date of
enactment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board
described in subsections (a) through (c); and
(C) includes representatives of business in the
State and representatives of labor organizations in the
State.
(2) References.--A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be
considered to include such an entity.
(f) Conflict of Interest.--A member of a State board may not--
(1) vote on a matter under consideration by the State
board--
(A) regarding the provision of services by such
member (or by an entity that such member represents); or
(B) that would provide direct financial benefit to
such member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State
plan.
(g) <<NOTE: Public information. Plan.>> Sunshine Provision.--The
State board shall make available to the public, on a regular basis
through electronic means and open meetings, information regarding the
activities of the State board, including information regarding the State
plan, or a modification to the State plan, prior to submission of the
plan or modification of the plan, respectively, information regarding
membership, and, on request, minutes of formal meetings of the State
board.
(h) Authority To Hire Staff.--
(1) In general.--The State board may hire a director and
other staff to assist in carrying out the functions described in
subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
(2) <<NOTE: Applicability.>> Qualifications.--The State
board shall establish and apply a set of objective
qualifications for the position of director, that ensures that
the individual selected has the requisite knowledge, skills, and
abilities, to meet identified benchmarks and to assist in
effectively carrying out the functions of the State board.
(3) Limitation on rate.--The director and staff described in
paragraph (1) shall be subject to the limitations on the payment
of salary and bonuses described in section 194(15).
SEC. 102. <<NOTE: 29 USC 3112.>> UNIFIED STATE PLAN.
(a) Plan.--For a State to be eligible to receive allotments for the
core programs, the Governor shall submit to the Secretary of Labor for
the approval process described under subsection (c)(2), a unified State
plan. The unified State plan shall outline a 4-year strategy for the
core programs of the State and meet the requirements of this section.
(b) Contents.--
(1) Strategic planning elements.--The unified State plan
shall include strategic planning elements consisting of a
strategic vision and goals for preparing an educated and skilled
workforce, that include--
(A) an analysis of the economic conditions in the
State, including--
[[Page 128 STAT. 1445]]
(i) existing and emerging in-demand industry
sectors and occupations; and
(ii) the employment needs of employers,
including a description of the knowledge, skills,
and abilities, needed in those industries and
occupations;
(B) an analysis of the current workforce, employment
and unemployment data, labor market trends, and the
educational and skill levels of the workforce, including
individuals with barriers to employment (including
individuals with disabilities), in the State;
(C) an analysis of the workforce development
activities (including education and training) in the
State, including an analysis of the strengths and
weaknesses of such activities, and the capacity of State
entities to provide such activities, in order to address
the identified education and skill needs of the
workforce and the employment needs of employers in the
State;
(D) a description of the State's strategic vision
and goals for preparing an educated and skilled
workforce (including preparing youth and individuals
with barriers to employment) and for meeting the skilled
workforce needs of employers, including goals relating
to performance accountability measures based on primary
indicators of performance described in section
116(b)(2)(A), in order to support economic growth and
economic self-sufficiency, and of how the State will
assess the overall effectiveness of the workforce
investment system in the State; and
(E) taking into account analyses described in
subparagraphs (A) through (C), a strategy for aligning
the core programs, as well as other resources available
to the State, to achieve the strategic vision and goals
described in subparagraph (D).
(2) Operational planning elements.--
(A) In general.--The unified State plan shall
include the operational planning elements contained in
this paragraph, which shall support the strategy
described in paragraph (1)(E), including a description
of how the State board will implement the functions
under section 101(d).
(B) Implementation of state strategy.--The unified
State plan shall describe how the lead State agency with
responsibility for the administration of a core program
will implement the strategy described in paragraph
(1)(E), including a description of--
(i) the activities that will be funded by the
entities carrying out the respective core programs
to implement the strategy and how such activities
will be aligned across the programs and among the
entities administering the programs, including
using co-enrollment and other strategies;
(ii) how the activities described in clause
(i) will be aligned with activities provided under
employment, training, education, including career
and technical education, and human services
programs not covered by the plan, as appropriate,
assuring coordination of, and avoiding duplication
among, the activities referred to in this clause;
[[Page 128 STAT. 1446]]
(iii) how the entities carrying out the
respective core programs will coordinate
activities and provide comprehensive, high-quality
services including supportive services, to
individuals;
(iv) how the State's strategy will engage the
State's community colleges and area career and
technical education schools as partners in the
workforce development system and enable the State
to leverage other Federal, State, and local
investments that have enhanced access to workforce
development programs at those institutions;
(v) how the activities described in clause (i)
will be coordinated with economic development
strategies and activities in the State; and
(vi) how the State's strategy will improve
access to activities leading to a recognized
postsecondary credential (including a credential
that is an industry-recognized certificate or
certification, portable, and stackable).
(C) State operating systems and policies.--The
unified State plan shall describe the State operating
systems and policies that will support the
implementation of the strategy described in paragraph
(1)(E), including a description of--
(i) the State board, including the activities
to assist members of the State board and the staff
of such board in carrying out the functions of the
State board effectively (but funds for such
activities may not be used for long-distance
travel expenses for training or development
activities available locally or regionally);
(ii)(I) how the respective core programs will
be assessed each year, including an assessment of
the quality, effectiveness, and improvement of
programs (analyzed by local area, or by provider),
based on State performance accountability measures
described in section 116(b); and
(II) how other one-stop partner programs will
be assessed each year;
(iii) the results of an assessment of the
effectiveness of the core programs and other one-
stop partner programs during the preceding 2-year
period;
(iv) the methods and factors the State will
use in distributing funds under the core programs,
in accordance with the provisions authorizing such
distributions;
(v)(I) how the lead State agencies with
responsibility for the administration of the core
programs will align and integrate available
workforce and education data on core programs,
unemployment insurance programs, and education
through postsecondary education;
(II) how such agencies will use the workforce
development system to assess the progress of
participants that are exiting from core programs
in entering, persisting in, and completing
postsecondary education, or entering or remaining
in employment; and
[[Page 128 STAT. 1447]]
(III) the privacy safeguards incorporated in
such system, including safeguards required by
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) and other applicable Federal
laws;
(vi) how the State will implement the priority
of service provisions for veterans in accordance
with the requirements of section 4215 of title 38,
United States Code;
(vii) how the one-stop delivery system,
including one-stop operators and the one-stop
partners, will comply with section 188, if
applicable, and applicable provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), regarding the physical and
programmatic accessibility of facilities,
programs, services, technology, and materials, for
individuals with disabilities, including complying
through providing staff training and support for
addressing the needs of individuals with
disabilities; and
(viii) such other operational planning
elements as the Secretary of Labor or the
Secretary of Education, as appropriate, determines
to be necessary for effective State operating
systems and policies.
(D) Program-specific requirements.--The unified
State plan shall include--
(i) with respect to activities carried out
under subtitle B, a description of--
(I) State policies or guidance, for
the statewide workforce development
system and for use of State funds for
workforce investment activities;
(II) the local areas designated in
the State, including the process used
for designating local areas, and the
process used for identifying any
planning regions under section 106(a),
including a description of how the State
consulted with the local boards and
chief elected officials in determining
the planning regions;
(III) the appeals process referred
to in section 106(b)(5), relating to
designation of local areas;
(IV) the appeals process referred to
in section 121(h)(2)(E), relating to
determinations for infrastructure
funding; and
(V) with respect to youth workforce
investment activities authorized in
section 129, information identifying the
criteria to be used by local boards in
awarding grants for youth workforce
investment activities and describing how
the local boards will take into
consideration the ability of the
providers to meet performance
accountability measures based on primary
indicators of performance for the youth
program as described in section
116(b)(2)(A)(ii) in awarding such
grants;
(ii) with respect to activities carried out
under title II, a description of--
(I) how the eligible agency will, if
applicable, align content standards for
adult education with State-adopted
challenging academic content standards,
as adopted under section 1111(b)(1) of
the
[[Page 128 STAT. 1448]]
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(1));
(II) how the State will fund local
activities using considerations
specified in section 231(e) for--
(aa) activities under
section 231(b);
(bb) programs for
corrections education under
section 225;
(cc) programs for integrated
English literacy and civics
education under section 243; and
(dd) integrated education
and training;
(III) how the State will use the
funds to carry out activities under
section 223;
(IV) how the State will use the
funds to carry out activities under
section 243;
(V) how the eligible agency will
assess the quality of providers of adult
education and literacy activities under
title II and take actions to improve
such quality, including providing the
activities described in section
223(a)(1)(B);
(iii) with respect to programs carried out
under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732, 741), the
information described in section 101(a) of that
Act (29 U.S.C. 721(a)); and
(iv) information on such additional specific
requirements for a program referenced in any of
clauses (i) through (iii) or the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) as the Secretary of Labor
determines to be necessary to administer that
program but cannot reasonably be applied across
all such programs.
(E) Assurances.--The unified State plan shall
include assurances--
(i) that the State has established a policy
identifying circumstances that may present a
conflict of interest for a State board or local
board member, or the entity or class of officials
that the member represents, and procedures to
resolve such conflicts;
(ii) that the State has established a policy
to provide to the public (including individuals
with disabilities) access to meetings of State
boards and local boards, and information regarding
activities of State boards and local boards, such
as data on board membership and minutes;
(iii)(I) that the lead State agencies with
responsibility for the administration of core
programs reviewed and commented on the appropriate
operational planning elements of the unified State
plan, and approved the elements as serving the
needs of the populations served by such programs;
and
(II) that the State obtained input into the
development of the unified State plan and provided
an opportunity for comment on the plan by
representatives of local boards and chief elected
officials, businesses, labor organizations,
institutions of higher education, other primary
stakeholders, and the general public
[[Page 128 STAT. 1449]]
and that the unified State plan is available and
accessible to the general public;
(iv) <<NOTE: Procedures.>> that the State has
established, in accordance with section 116(i),
fiscal control and fund accounting procedures that
may be necessary to ensure the proper disbursement
of, and accounting for, funds paid to the State
through allotments made for adult, dislocated
worker, and youth programs to carry out workforce
investment activities under chapters 2 and 3 of
subtitle B;
(v) that the State has taken appropriate
action to secure compliance with uniform
administrative requirements in this Act, including
that the State will annually monitor local areas
to ensure compliance and otherwise take
appropriate action to secure compliance with the
uniform administrative requirements under section
184(a)(3);
(vi) that the State has taken the appropriate
action to be in compliance with section 188, if
applicable;
(vii) that the Federal funds received to carry
out a core program will not be expended for any
purpose other than for activities authorized with
respect to such funds under that core program;
(viii) that the eligible agency under title II
will--
(I) expend the funds appropriated to
carry out that title only in a manner
consistent with fiscal requirements
under section 241(a) (regarding
supplement and not supplant provisions);
and
(II) ensure that there is at least 1
eligible provider serving each local
area;
(ix) that the State will pay an appropriate
share (as defined by the State board) of the costs
of carrying out section 116, from funds made
available through each of the core programs; and
(x) regarding such other matters as the
Secretary of Labor or the Secretary of Education,
as appropriate, determines to be necessary for the
administration of the core programs.
(3) Existing analysis.--As appropriate, a State may use an
existing analysis in order to carry out the requirements of
paragraph (1) concerning an analysis.
(c) Plan Submission and Approval.--
(1) <<NOTE: Deadlines.>> Submission.--
(A) Initial plan.--The initial unified State plan
under this section (after the date of enactment of the
Workforce Innovation and Opportunity Act) shall be
submitted to the Secretary of Labor not later than 120
days prior to the commencement of the second full
program year after the date of enactment of this Act.
(B) <<NOTE: Time period.>> Subsequent plans.--
Except as provided in subparagraph (A), a unified State
plan shall be submitted to the Secretary of Labor not
later than 120 days prior to the end of the 4-year
period covered by the preceding unified State plan.
(2) Submission and approval.--
(A) Submission.--In approving a unified State plan
under this section, the Secretary shall submit the
portion
[[Page 128 STAT. 1450]]
of the unified State plan covering a program or activity
to the head of the Federal agency that administers the
program or activity for the approval of such portion by
such head.
(B) Approval.--A unified State plan shall be subject
to the approval of both the Secretary of Labor and the
Secretary of Education, after approval of the
Commissioner of the Rehabilitation Services
Administration for the portion of the plan described in
subsection (b)(2)(D)(iii). <<NOTE: Time
period. Determination.>> The plan shall be considered
to be approved at the end of the 90-day period beginning
on the day the plan is submitted, unless the Secretary
of Labor or the Secretary of Education makes a written
determination, during the 90-day period, that the plan
is inconsistent with the provisions of this section or
the provisions authorizing the core programs, as
appropriate.
(3) Modifications.--
(A) <<NOTE: Time period. Review.>> Modifications.--
At the end of the first 2-year period of any 4-year
unified State plan, the State board shall review the
unified State plan, and the Governor shall submit
modifications to the plan to reflect changes in labor
market and economic conditions or in other factors
affecting the implementation of the unified State plan.
(B) Approval.--A modified unified State plan
submitted for the review required under subparagraph (A)
shall be subject to the approval requirements described
in paragraph (2). A Governor may submit a modified
unified State plan at such other times as the Governor
determines to be appropriate, and such modified unified
State plan shall also be subject to the approval
requirements described in paragraph (2).
(4) <<NOTE: Time period.>> Early implementers.--The
Secretary of Labor, in conjunction with the Secretary of
Education, shall establish a process for approving and may
approve unified State plans that meet the requirements of this
section and are submitted to cover periods commencing prior to
the second full program year described in paragraph (1)(A).
SEC. 103. <<NOTE: 29 USC 3113.>> COMBINED STATE PLAN.
(a) In General.--
(1) Authority to submit plan.--A State may develop and
submit to the appropriate Secretaries a combined State plan for
the core programs and 1 or more of the programs and activities
described in paragraph (2) in lieu of submitting 2 or more
plans, for the programs and activities and the core programs.
(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
(A) Career and technical education programs
authorized under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.).
(B) Programs authorized under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(D) Work programs authorized under section 6(o) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
[[Page 128 STAT. 1451]]
(E) Activities authorized under chapter 2 of title
II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title
38, United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out
by the Department of Housing and Urban Development.
(J) Employment and training activities carried out
under the Community Services Block Grant Act (42 U.S.C.
9901 et seq.).
(K) Programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532).
(b) Requirements.--
(1) In general.--The portion of a combined plan covering the
core programs shall be subject to the requirements of section
102 (including section 102(c)(3)). The portion of such plan
covering a program or activity described in subsection (a)(2)
shall be subject to the requirements, if any, applicable to a
plan or application for assistance for that program or activity,
under the Federal law authorizing the program or activity. At
the election of the State, section 102(c)(3) may apply to that
portion.
(2) Additional submission not required.--A State that
submits a combined plan that is approved under subsection (c)
shall not be required to submit any other plan or application in
order to receive Federal funds to carry out the core programs or
the program or activities described in subsection (a)(2) that
are covered by the combined plan.
(3) Coordination.--A combined plan shall include--
(A) a description of the methods used for joint
planning and coordination of the core programs and the
other programs and activities covered by the combined
plan; and
(B) an assurance that the methods included an
opportunity for the entities responsible for planning or
administering the core programs and the other programs
and activities to review and comment on all portions of
the combined plan.
(c) Approval by the Appropriate Secretaries.--
(1) Jurisdiction.--The appropriate Secretary shall have the
authority to approve the corresponding portion of a combined
plan as described in subsection (d). <<NOTE: Implementation.>>
On the approval of the appropriate Secretary, that portion of
the combined plan, covering a program or activity, shall be
implemented by the State pursuant to that portion of the
combined plan, and the Federal law authorizing the program or
activity.
(2) Approval of core programs.--No portion of the plan
relating to a core program shall be implemented until the
appropriate Secretary approves the corresponding portions of the
plan for all core programs.
(3) <<NOTE: Time periods.>> Timing of approval.--
(A) In general.--Except as provided in subparagraphs
(B) and (C), a portion of the combined State plan
covering the core programs or a program or activity
described in subsection (a)(2) shall be considered to be
approved by
[[Page 128 STAT. 1452]]
the appropriate Secretary at the end of the 90-day
period beginning on the day the plan is submitted.
(B) Plan approved by 3 or more appropriate
secretaries.--If an appropriate Secretary other than the
Secretary of Labor or the Secretary of Education has
authority to approve a portion of a combined plan, that
portion of the combined plan shall be considered to be
approved by the appropriate Secretary at the end of the
120-day period beginning on the day the plan is
submitted.
(C) Disapproval.--The portion shall not be
considered to be approved if the appropriate Secretary
makes a written determination, during the 90-day period
(or the 120-day period, for an appropriate Secretary
covered by subparagraph (B)), that the portion is not
consistent with the requirements of the Federal law
authorizing or applicable to the program or activity
involved, including the criteria for approval of a plan
or application, if any, under such law, or the plan is
not consistent with the requirements of this section.
(4) <<NOTE: Definition.>> Special rule.--In paragraph (3),
the term ``criteria for approval of a plan or application'',
with respect to a State and a core program or a program under
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), includes a requirement for agreement
between the State and the appropriate Secretaries regarding
State performance measures or State performance accountability
measures, as the case may be, including levels of performance.
(d) <<NOTE: Definition.>> Appropriate Secretary.--In this section,
the term ``appropriate Secretary'' means--
(1) with respect to the portion of a combined plan relating
to any of the core programs (including a description, and an
assurance concerning that program, specified in subsection
(b)(3)), the Secretary of Labor and the Secretary of Education;
and
(2) with respect to the portion of a combined plan relating
to a program or activity described in subsection (a)(2)
(including a description, and an assurance concerning that
program or activity, specified in subsection (b)(3)), the head
of the Federal agency who exercises plan or application approval
authority for the program or activity under the Federal law
authorizing the program or activity, or, if there are no
planning or application requirements for such program or
activity, exercises administrative authority over the program or
activity under that Federal law.
CHAPTER 2--LOCAL PROVISIONS
SEC. 106. <<NOTE: 29 USC 3121.>> WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--
(1) <<NOTE: Consultation.>> Identification.--Before the
second full program year after the date of enactment of this
Act, in order for a State to receive an allotment under section
127(b) or 132(b) and as part of the process for developing the
State plan, a State shall identify regions in the State after
consultation with the local boards and chief elected officials
in the local areas and consistent with the considerations
described in subsection (b)(1)(B).
[[Page 128 STAT. 1453]]
(2) Types of regions.--For purposes of this Act, the State
shall identify--
(A) which regions are comprised of 1 local area that
is aligned with the region;
(B) which regions are comprised of 2 or more local
areas that are (collectively) aligned with the region
(referred to as planning regions, consistent with
section 3); and
(C) which, of the regions described in subparagraph
(B), are interstate areas contained within 2 or more
States, and consist of labor market areas, economic
development areas, or other appropriate contiguous
subareas of those States.
(b) Local Areas.--
(1) In general.--
(A) <<NOTE: Consultation.>> Process.--Except as
provided in subsection (d), and consistent with
paragraphs (2) and (3), in order for a State to receive
an allotment under section 127(b) or 132(b), the
Governor of the State shall designate local workforce
development areas within the State--
(i) through consultation with the State board;
and
(ii) after consultation with chief elected
officials and local boards, and after
consideration of comments received through the
public comment process as described in section
102(b)(2)(E)(iii)(II).
(B) Considerations.--The Governor shall designate
local areas (except for those local areas described in
paragraphs (2) and (3)) based on considerations
consisting of the extent to which the areas--
(i) are consistent with labor market areas in
the State;
(ii) are consistent with regional economic
development areas in the State; and
(iii) have available the Federal and non-
Federal resources necessary to effectively
administer activities under subtitle B and other
applicable provisions of this Act, including
whether the areas have the appropriate education
and training providers, such as institutions of
higher education and area career and technical
education schools.
(2) <<NOTE: Time periods.>> Initial designation.--During
the first 2 full program years following the date of enactment
of this Act, the Governor shall approve a request for initial
designation as a local area from any area that was designated as
a local area for purposes of the Workforce Investment Act of
1998 for the 2-year period preceding the date of enactment of
this Act, performed successfully, and sustained fiscal
integrity.
(3) Subsequent designation.--After the period for which a
local area is initially designated under paragraph (2), the
Governor shall approve a request for subsequent designation as a
local area from such local area, if such area--
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning
region, met the requirements described in subsection
(c)(1).
(4) <<NOTE: Determination.>> Designation on recommendation
of state board.--The Governor may approve a request from any
unit of general
[[Page 128 STAT. 1454]]
local government (including a combination of such units) for
designation of an area as a local area if the State board
determines, based on the considerations described in paragraph
(1)(B), and recommends to the Governor, that such area should be
so designated.
(5) Appeals.--A unit of general local government (including
a combination of such units) or grant recipient that requests
but is not granted designation of an area as a local area under
paragraph (2) or (3) may submit an appeal to the State board
under an appeal process established in the State plan. If the
appeal does not result in such a designation, the Secretary of
Labor, after receiving a request for review from the unit or
grant recipient and on determining that the unit or grant
recipient was not accorded procedural rights under the appeals
process described in the State plan, as specified in section
102(b)(2)(D)(i)(III), or that the area meets the requirements of
paragraph (2) or (3), may require that the area be designated as
a local area under such paragraph.
(6) Redesignation assistance.--On the request of all of the
local areas in a planning region, the State shall provide
funding from funds made available under sections 128(a) and
133(a)(1) to assist the local areas in carrying out activities
to facilitate the redesignation of the local areas to a single
local area.
(c) Regional Coordination.--
(1) Regional planning.--The local boards and chief elected
officials in each planning region described in subparagraph (B)
or (C) of subsection (a)(2) shall engage in a regional planning
process that results in--
(A) the preparation of a regional plan, as described
in paragraph (2);
(B) the establishment of regional service
strategies, including use of cooperative service
delivery agreements;
(C) the development and implementation of sector
initiatives for in-demand industry sectors or
occupations for the region;
(D) the collection and analysis of regional labor
market data (in conjunction with the State);
(E) the establishment of administrative cost
arrangements, including the pooling of funds for
administrative costs, as appropriate, for the region;
(F) the coordination of transportation and other
supportive services, as appropriate, for the region;
(G) the coordination of services with regional
economic development services and providers; and
(H) the establishment of an agreement concerning how
the planning region will collectively negotiate and
reach agreement with Governor on local levels of
performance for, and report on, the performance
accountability measures described in section 116(c), for
local areas or the planning region.
(2) <<NOTE: Consultation.>> Regional plans.--The State,
after consultation with local boards and chief elected officials
for the planning regions, shall require the local boards and
chief elected officials within a planning region to prepare,
submit, and obtain approval of a single regional plan that
includes a description of the activities described in paragraph
(1) and that incorporates local
[[Page 128 STAT. 1455]]
plans for each of the local areas in the planning region. The
State shall provide technical assistance and labor market data,
as requested by local areas, to assist with such regional
planning and subsequent service delivery efforts.
(3) References.--In this Act, and the core program
provisions that are not in this Act:
(A) Local area.--Except as provided in section
101(d)(9), this section, paragraph (1)(B) or (4) of
section 107(c), or section 107(d)(12)(B), or in any text
that provides an accompanying provision specifically for
a planning region, the term ``local area'' in a
provision includes a reference to a planning region for
purposes of implementation of that provision by the
corresponding local areas in the region.
(B) Local plan.--Except as provided in this
subsection, the term ``local plan'' includes a reference
to the portion of a regional plan developed with respect
to the corresponding local area within the region, and
any regionwide provision of that plan that impacts or
relates to the local area.
(d) Single State Local Areas.--
(1) Continuation of previous designation.--The Governor of
any State that was a single State local area for purposes of
title I of the Workforce Investment Act of 1998, as in effect on
July 1, 2013, may designate the State as a single State local
area for purposes of this title. In the case of such
designation, the Governor shall identify the State as a local
area in the State plan.
(2) Effect on local plan and local functions.--In any case
in which a State is designated as a local area pursuant to this
subsection, the local plan prepared under section 108 for the
area shall be submitted for approval as part of the State plan.
In such a State, the State board shall carry out the functions
of a local board, as specified in this Act or the provisions
authorizing a core program, but the State shall not be required
to meet and report on a set of local performance accountability
measures.
(e) Definitions.--For purposes of this section:
(1) Performed successfully.--The term ``performed
successfully'', used with respect to a local area, means the
local area met or exceeded the adjusted levels of performance
for primary indicators of performance described in section
116(b)(2)(A) (or, if applicable, core indicators of performance
described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998, as in effect the day before the date of enactment
of this Act) for each of the last 2 consecutive years for which
data are available preceding the determination of performance
under this paragraph.
(2) Sustained fiscal integrity.--The term ``sustained fiscal
integrity'', used with respect to a local area, means that the
Secretary has not made a formal determination, during either of
the last 2 consecutive years preceding the determination
regarding such integrity, that either the grant recipient or the
administrative entity of the area misexpended funds provided
under subtitle B (or, if applicable, title I of the Workforce
Investment Act of 1998 as in effect prior to the effective date
of such subtitle B) due to willful disregard of
[[Page 128 STAT. 1456]]
the requirements of the provision involved, gross negligence, or
failure to comply with accepted standards of administration.
SEC. 107. <<NOTE: 29 USC 3122.>> LOCAL WORKFORCE DEVELOPMENT
BOARDS.
(a) <<NOTE: Certification.>> Establishment.--Except as provided in
subsection (c)(2)(A), there shall be established, and certified by the
Governor of the State, a local workforce development board in each local
area of a State to carry out the functions described in subsection (d)
(and any functions specified for the local board under this Act or the
provisions establishing a core program) for such area.
(b) Membership.--
(1) State criteria.--The Governor, in partnership with the
State board, shall establish criteria for use by chief elected
officials in the local areas for appointment of members of the
local boards in such local areas in accordance with the
requirements of paragraph (2).
(2) Composition.--Such criteria shall require that, at a
minimum--
(A) a majority of the members of each local board
shall be representatives of business in the local area,
who--
(i) are owners of businesses, chief executives
or operating officers of businesses, or other
business executives or employers with optimum
policymaking or hiring authority;
(ii) represent businesses, including small
businesses, or organizations representing
businesses described in this clause, that provide
employment opportunities that, at a minimum,
include high-quality, work-relevant training and
development in in-demand industry sectors or
occupations in the local area; and
(iii) are appointed from among individuals
nominated by local business organizations and
business trade associations;
(B) not less than 20 percent of the members of each
local board shall be representatives of the workforce
within the local area, who--
(i) shall include representatives of labor
organizations (for a local area in which employees
are represented by labor organizations), who have
been nominated by local labor federations, or (for
a local area in which no employees are represented
by such organizations) other representatives of
employees;
(ii) shall include a representative, who shall
be a member of a labor organization or a training
director, from a joint labor-management
apprenticeship program, or if no such joint
program exists in the area, such a representative
of an apprenticeship program in the area, if such
a program exists;
(iii) may include representatives of
community-based organizations that have
demonstrated experience and expertise in
addressing the employment needs of individuals
with barriers to employment, including
organizations that serve veterans or that provide
or support competitive integrated employment for
individuals with disabilities; and
(iv) may include representatives of
organizations that have demonstrated experience
and expertise in
[[Page 128 STAT. 1457]]
addressing the employment, training, or education
needs of eligible youth, including representatives
of organizations that serve out-of-school youth;
(C) each local board shall include representatives
of entities administering education and training
activities in the local area, who--
(i) shall include a representative of eligible
providers administering adult education and
literacy activities under title II;
(ii) shall include a representative of
institutions of higher education providing
workforce investment activities (including
community colleges);
(iii) may include representatives of local
educational agencies, and of community-based
organizations with demonstrated experience and
expertise in addressing the education or training
needs of individuals with barriers to employment;
(D) each local board shall include representatives
of governmental and economic and community development
entities serving the local area, who--
(i) shall include a representative of economic
and community development entities;
(ii) shall include an appropriate
representative from the State employment service
office under the Wagner-Peyser Act (29 U.S.C. 49
et seq.) serving the local area;
(iii) shall include an appropriate
representative of the programs carried out under
title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732, 741), serving
the local area;
(iv) may include representatives of agencies
or entities administering programs serving the
local area relating to transportation, housing,
and public assistance; and
(v) may include representatives of
philanthropic organizations serving the local
area; and
(E) each local board may include such other
individuals or representatives of entities as the chief
elected official in the local area may determine to be
appropriate.
(3) Chairperson.--The members of the local board shall elect
a chairperson for the local board from among the representatives
described in paragraph (2)(A).
(4) Standing committees.--
(A) In general.--The local board may designate and
direct the activities of standing committees to provide
information and to assist the local board in carrying
out activities under this section. Such standing
committees shall be chaired by a member of the local
board, may include other members of the local board, and
shall include other individuals appointed by the local
board who are not members of the local board and who the
local board determines have appropriate experience and
expertise. At a minimum, the local board may designate
each of the following:
(i) A standing committee to provide
information and assist with operational and other
issues relating
[[Page 128 STAT. 1458]]
to the one-stop delivery system, which may include
as members representatives of the one-stop
partners.
(ii) A standing committee to provide
information and to assist with planning,
operational, and other issues relating to the
provision of services to youth, which shall
include community-based organizations with a
demonstrated record of success in serving eligible
youth.
(iii) A standing committee to provide
information and to assist with operational and
other issues relating to the provision of services
to individuals with disabilities, including issues
relating to compliance with section 188, if
applicable, and applicable provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) regarding providing programmatic
and physical access to the services, programs, and
activities of the one-stop delivery system, as
well as appropriate training for staff on
providing supports for or accommodations to, and
finding employment opportunities for, individuals
with disabilities.
(B) Additional committees.--The local board may
designate standing committees in addition to the
standing committees specified in subparagraph (A).
(C) Designation of entity.--Nothing in this
paragraph shall be construed to prohibit the designation
of an existing (as of the date of enactment of this Act)
entity, such as an effective youth council, to fulfill
the requirements of this paragraph as long as the entity
meets the requirements of this paragraph.
(5) Authority of board members.--Members of the board that
represent organizations, agencies, or other entities shall be
individuals with optimum policymaking authority within the
organizations, agencies, or entities. The members of the board
shall represent diverse geographic areas within the local area.
(6) Special rule.--If there are multiple eligible providers
serving the local area by administering adult education and
literacy activities under title II, or multiple institutions of
higher education serving the local area by providing workforce
investment activities, each representative on the local board
described in clause (i) or (ii) of paragraph (2)(C),
respectively, shall be appointed from among individuals
nominated by local providers representing such providers or
institutions, respectively.
(c) Appointment and Certification of Board.--
(1) Appointment of board members and assignment of
responsibilities.--
(A) In general.--The chief elected official in a
local area is authorized to appoint the members of the
local board for such area, in accordance with the State
criteria established under subsection (b).
(B) Multiple units of local government in area.--
(i) In general.--In a case in which a local
area includes more than 1 unit of general local
government, the chief elected officials of such
units may execute an agreement that specifies the
respective roles of the individual chief elected
officials--
[[Page 128 STAT. 1459]]
(I) in the appointment of the
members of the local board from the
individuals nominated or recommended to
be such members in accordance with the
criteria established under subsection
(b); and
(II) in carrying out any other
responsibilities assigned to such
officials under this title.
(ii) Lack of agreement.--If, after a
reasonable effort, the chief elected officials are
unable to reach agreement as provided under clause
(i), the Governor may appoint the members of the
local board from individuals so nominated or
recommended.
(C) Concentrated employment programs.--In the case
of an area that was designated as a local area in
accordance with section 116(a)(2)(B) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act), and that remains a
local area on that date, the governing body of the
concentrated employment program involved shall act in
consultation with the chief elected official in the
local area to appoint members of the local board, in
accordance with the State criteria established under
subsection (b), and to carry out any other
responsibility relating to workforce investment
activities assigned to such official under this Act.
(2) Certification.--
(A) In general.--The Governor shall, once every 2
years, certify 1 local board for each local area in the
State.
(B) Criteria.--Such certification shall be based on
criteria established under subsection (b), and for a
second or subsequent certification, the extent to which
the local board has ensured that workforce investment
activities carried out in the local area have enabled
the local area to meet the corresponding performance
accountability measures and achieve sustained fiscal
integrity, as defined in section 106(e)(2).
(C) Failure to achieve certification.--Failure of a
local board to achieve certification shall result in
appointment and certification of a new local board for
the local area pursuant to the process described in
paragraph (1) and this paragraph.
(3) Decertification.--
(A) Fraud, abuse, failure to carry out functions.--
Notwithstanding paragraph (2), the Governor shall have
the authority to decertify a local board at any time
after providing notice and an opportunity for comment,
for--
(i) fraud or abuse; or
(ii) failure to carry out the functions
specified for the local board in subsection (d).
(B) Nonperformance.--Notwithstanding paragraph (2),
the Governor may decertify a local board if a local area
fails to meet the local performance accountability
measures for such local area in accordance with section
116(c) for 2 consecutive program years.
(C) <<NOTE: Certification.>> Reorganization plan.--
If the Governor decertifies a local board for a local
area under subparagraph (A) or (B), the Governor may
require that a new local board be appointed and
certified for the local area pursuant to
[[Page 128 STAT. 1460]]
a reorganization plan developed by the Governor, in
consultation with the chief elected official in the
local area and in accordance with the criteria
established under subsection (b).
(4) Single state local area.--
(A) State board.--Notwithstanding subsection (b) and
paragraphs (1) and (2), if a State described in section
106(d) indicates in the State plan that the State will
be treated as a single State local area, for purposes of
the application of this Act or the provisions
authorizing a core program, the State board shall carry
out any of the functions of a local board under this Act
or the provisions authorizing a core program, including
the functions described in subsection (d).
(B) References.--
(i) In general.--Except as provided in clauses
(ii) and (iii), with respect to such a State, a
reference in this Act or a core program provision
to a local board shall be considered to be a
reference to the State board, and a reference in
the Act or provision to a local area or region
shall be considered to be a reference to the
State.
(ii) Plans.--The State board shall prepare a
local plan under section 108 for the State, and
submit the plan for approval as part of the State
plan.
(iii) Performance accountability measures.--
The State shall not be required to meet and report
on a set of local performance accountability
measures.
(d) Functions of Local Board.--Consistent with section 108, the
functions of the local board shall include the following:
(1) Local plan.--The local board, in partnership with the
chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets the
requirements in section 108. If the local area is part of a
planning region that includes other local areas, the local board
shall collaborate with the other local boards and chief elected
officials from such other local areas in the preparation and
submission of a regional plan as described in section 106(c)(2).
(2) Workforce research and regional labor market analysis.--
In order to assist in the development and implementation of the
local plan, the local board shall--
(A) carry out analyses of the economic conditions in
the region, the needed knowledge and skills for the
region, the workforce in the region, and workforce
development activities (including education and
training) in the region described in section
108(b)(1)(D), and regularly update such information;
(B) assist the Governor in developing the statewide
workforce and labor market information system described
in section 15(e) of the Wagner-Peyser Act (29 U.S.C.
49l-2(e)), specifically in the collection, analysis, and
utilization of workforce and labor market information
for the region; and
(C) conduct such other research, data collection,
and analysis related to the workforce needs of the
regional economy as the board, after receiving input
from a wide
[[Page 128 STAT. 1461]]
array of stakeholders, determines to be necessary to
carry out its functions.
(3) Convening, brokering, leveraging.--The local board shall
convene local workforce development system stakeholders to
assist in the development of the local plan under section 108
and in identifying non-Federal expertise and resources to
leverage support for workforce development activities. The local
board, including standing committees, may engage such
stakeholders in carrying out the functions described in this
subsection.
(4) Employer engagement.--The local board shall lead efforts
to engage with a diverse range of employers and with entities in
the region involved--
(A) to promote business representation (particularly
representatives with optimal policymaking or hiring
authority from employers whose employment opportunities
reflect existing and emerging employment opportunities
in the region) on the local board;
(B) to develop effective linkages (including the use
of intermediaries) with employers in the region to
support employer utilization of the local workforce
development system and to support local workforce
investment activities;
(C) to ensure that workforce investment activities
meet the needs of employers and support economic growth
in the region, by enhancing communication, coordination,
and collaboration among employers, economic development
entities, and service providers; and
(D) to develop and implement proven or promising
strategies for meeting the employment and skill needs of
workers and employers (such as the establishment of
industry and sector partnerships), that provide the
skilled workforce needed by employers in the region, and
that expand employment and career advancement
opportunities for workforce development system
participants in in-demand industry sectors or
occupations.
(5) Career pathways development.--The local board, with
representatives of secondary and postsecondary education
programs, shall lead efforts in the local area to develop and
implement career pathways within the local area by aligning the
employment, training, education, and supportive services that
are needed by adults and youth, particularly individuals with
barriers to employment.
(6) Proven and promising practices.--The local board shall
lead efforts in the local area to--
(A) identify and promote proven and promising
strategies and initiatives for meeting the needs of
employers, and workers and jobseekers (including
individuals with barriers to employment) in the local
workforce development system, including providing
physical and programmatic accessibility, in accordance
with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), to the one-stop delivery
system; and
(B) identify and disseminate information on proven
and promising practices carried out in other local areas
for meeting such needs.
[[Page 128 STAT. 1462]]
(7) Technology.--The local board shall develop strategies
for using technology to maximize the accessibility and
effectiveness of the local workforce development system for
employers, and workers and jobseekers, by--
(A) facilitating connections among the intake and
case management information systems of the one-stop
partner programs to support a comprehensive workforce
development system in the local area;
(B) facilitating access to services provided through
the one-stop delivery system involved, including
facilitating the access in remote areas;
(C) identifying strategies for better meeting the
needs of individuals with barriers to employment,
including strategies that augment traditional service
delivery, and increase access to services and programs
of the one-stop delivery system, such as improving
digital literacy skills; and
(D) leveraging resources and capacity within the
local workforce development system, including resources
and capacity for services for individuals with barriers
to employment.
(8) Program oversight.--The local board, in partnership with
the chief elected official for the local area, shall--
(A)(i) conduct oversight for local youth workforce
investment activities authorized under section 129(c),
local employment and training activities authorized
under subsections (c) and (d) of section 134, and the
one-stop delivery system in the local area; and
(ii) ensure the appropriate use and management of
the funds provided under subtitle B for the activities
and system described in clause (i); and
(B) for workforce development activities, ensure the
appropriate use, management, and investment of funds to
maximize performance outcomes under section 116.
(9) Negotiation of local performance accountability
measures.--The local board, the chief elected official, and the
Governor shall negotiate and reach agreement on local
performance accountability measures as described in section
116(c).
(10) Selection of operators and providers.--
(A) Selection of one-stop operators.--Consistent
with section 121(d), the local board, with the agreement
of the chief elected official for the local area--
(i) <<NOTE: Certification.>> shall designate
or certify one-stop operators as described in
section 121(d)(2)(A); and
(ii) may terminate for cause the eligibility
of such operators.
(B) Selection of youth providers.--Consistent with
section 123, the local board--
(i) shall identify eligible providers of youth
workforce investment activities in the local area
by awarding grants or contracts on a competitive
basis (except as provided in section 123(b)),
based on the recommendations of the youth standing
committee, if such a committee is established for
the local area under subsection (b)(4); and
(ii) may terminate for cause the eligibility
of such providers.
[[Page 128 STAT. 1463]]
(C) Identification of eligible providers of training
services.--Consistent with section 122, the local board
shall identify eligible providers of training services
in the local area.
(D) Identification of eligible providers of career
services.--If the one-stop operator does not provide
career services described in section 134(c)(2) in a
local area, the local board shall identify eligible
providers of those career services in the local area by
awarding contracts.
(E) Consumer choice requirements.--Consistent with
section 122 and paragraphs (2) and (3) of section
134(c), the local board shall work with the State to
ensure there are sufficient numbers and types of
providers of career services and training services
(including eligible providers with expertise in
assisting individuals with disabilities and eligible
providers with expertise in assisting adults in need of
adult education and literacy activities) serving the
local area and providing the services involved in a
manner that maximizes consumer choice, as well as
providing opportunities that lead to competitive
integrated employment for individuals with disabilities.
(11) Coordination with education providers.--
(A) In general.--The local board shall coordinate
activities with education and training providers in the
local area, including providers of workforce investment
activities, providers of adult education and literacy
activities under title II, providers of career and
technical education (as defined in section 3 of the Carl
D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302)) and local agencies administering plans
under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or part C of
that title (29 U.S.C. 732, 741).
(B) Applications and agreements.--The coordination
described in subparagraph (A) shall include--
(i) consistent with section 232--
(I) reviewing the applications to
provide adult education and literacy
activities under title II for the local
area, submitted under such section to
the eligible agency by eligible
providers, to determine whether such
applications are consistent with the
local plan; and
(II) <<NOTE: Recommenda- tion.>>
making recommendations to the eligible
agency to promote alignment with such
plan; and
(ii) replicating cooperative agreements in
accordance with subparagraph (B) of section
101(a)(11) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)(11)), and implementing cooperative
agreements in accordance with that section with
the local agencies administering plans under title
I of that Act (29 U.S.C. 720 et seq.) (other than
section 112 or part C of that title (29 U.S.C.
732, 741) and subject to section 121(f)), with
respect to efforts that will enhance the provision
of services to individuals with disabilities and
other individuals, such as cross training of
staff, technical assistance, use and sharing of
information, cooperative
[[Page 128 STAT. 1464]]
efforts with employers, and other efforts at
cooperation, collaboration, and coordination.
(C) <<NOTE: Definition.>> Cooperative agreement.--
In this paragraph, the term ``cooperative agreement''
means an agreement entered into by a State designated
agency or State designated unit under subparagraph (A)
of section 101(a)(11) of the Rehabilitation Act of 1973.
(12) Budget and administration.--
(A) Budget.--The local board shall develop a budget
for the activities of the local board in the local area,
consistent with the local plan and the duties of the
local board under this section, subject to the approval
of the chief elected official.
(B) Administration.--
(i) Grant recipient.--
(I) In general.--The chief elected
official in a local area shall serve as
the local grant recipient for, and shall
be liable for any misuse of, the grant
funds allocated to the local area under
sections 128 and 133, unless the chief
elected official reaches an agreement
with the Governor for the Governor to
act as the local grant recipient and
bear such liability.
(II) Designation.--In order to
assist in administration of the grant
funds, the chief elected official or the
Governor, where the Governor serves as
the local grant recipient for a local
area, may designate an entity to serve
as a local grant subrecipient for such
funds or as a local fiscal agent. Such
designation shall not relieve the chief
elected official or the Governor of the
liability for any misuse of grant funds
as described in subclause (I).
(III) Disbursal.--The local grant
recipient or an entity designated under
subclause (II) shall disburse the grant
funds for workforce investment
activities at the direction of the local
board, pursuant to the requirements of
this title. The local grant recipient or
entity designated under subclause (II)
shall disburse the funds immediately on
receiving such direction from the local
board.
(ii) Grants and donations.--The local board
may solicit and accept grants and donations from
sources other than Federal funds made available
under this Act.
(iii) Tax-exempt status.--For purposes of
carrying out duties under this Act, local boards
may incorporate, and may operate as entities
described in section 501(c)(3) of the Internal
Revenue Code of 1986 that are exempt from taxation
under section 501(a) of such Code.
(13) Accessibility for individuals with disabilities.--The
local board shall annually assess the physical and programmatic
accessibility, in accordance with section 188, if applicable,
and applicable provisions of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), of all one-stop centers in
the local area.
[[Page 128 STAT. 1465]]
(e) <<NOTE: Public information.>> Sunshine Provision.--The local
board shall make available to the public, on a regular basis through
electronic means and open meetings, information regarding the activities
of the local board, including information regarding the local plan prior
to submission of the plan, and regarding membership, the designation and
certification of one-stop operators, and the award of grants or
contracts to eligible providers of youth workforce investment
activities, and on request, minutes of formal meetings of the local
board.
(f) Staff.--
(1) In general.--The local board may hire a director and
other staff to assist in carrying out the functions described in
subsection (d) using funds available under sections 128(b) and
133(b) as described in section 128(b)(4).
(2) Qualifications.--The local board shall establish and
apply a set of objective qualifications for the position of
director, that ensures that the individual selected has the
requisite knowledge, skills, and abilities, to meet identified
benchmarks and to assist in effectively carrying out the
functions of the local board.
(3) Limitation on rate.--The director and staff described in
paragraph (1) shall be subject to the limitations on the payment
of salaries and bonuses described in section 194(15).
(g) Limitations.--
(1) Training services.--
(A) In general.--Except as provided in subparagraph
(B), no local board may provide training services.
(B) Waivers of training prohibition.--The Governor
of the State in which a local board is located may,
pursuant to a request from the local board, grant a
written waiver of the prohibition set forth in
subparagraph (A) (relating to the provision of training
services) for a program of training services, if the
local board--
(i) submits to the Governor a proposed request
for the waiver that includes--
(I) satisfactory evidence that there
is an insufficient number of eligible
providers of such a program of training
services to meet local demand in the
local area;
(II) information demonstrating that
the board meets the requirements for an
eligible provider of training services
under section 122; and
(III) information demonstrating that
the program of training services
prepares participants for an in-demand
industry sector or occupation in the
local area;
(ii) <<NOTE: Public information. Time
period.>> makes the proposed request available to
eligible providers of training services and other
interested members of the public for a public
comment period of not less than 30 days; and
(iii) includes, in the final request for the
waiver, the evidence and information described in
clause (i) and the comments received pursuant to
clause (ii).
(C) <<NOTE: Applicability. Time period.>>
Duration.--A waiver granted to a local board under
subparagraph (B) shall apply for a period that shall not
exceed the duration of the local plan. The waiver may be
renewed for additional periods under subsequent local
[[Page 128 STAT. 1466]]
plans, not to exceed the durations of such subsequent
plans, pursuant to requests from the local board, if the
board meets the requirements of subparagraph (B) in
making the requests.
(D) <<NOTE: Determination.>> Revocation.--The
Governor shall have the authority to revoke the waiver
during the appropriate period described in subparagraph
(C) if the Governor determines the waiver is no longer
needed or that the local board involved has engaged in a
pattern of inappropriate referrals to training services
operated by the local board.
(2) Career services; designation or certification as one-
stop operators.--A local board may provide career services
described in section 134(c)(2) through a one-stop delivery
system or be designated or certified as a one-stop operator only
with the agreement of the chief elected official in the local
area and the Governor.
(3) Limitation on authority.--Nothing in this Act shall be
construed to provide a local board with the authority to mandate
curricula for schools.
(h) Conflict of Interest.--A member of a local board, or a member of
a standing committee, may not--
(1) vote on a matter under consideration by the local
board--
(A) regarding the provision of services by such
member (or by an entity that such member represents); or
(B) that would provide direct financial benefit to
such member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State
plan.
(i) Alternative Entity.--
(1) In general.--For purposes of complying with subsections
(a), (b), and (c), a State may use any local entity (including a
local council, regional workforce development board, or similar
entity) that--
(A) is established to serve the local area (or the
service delivery area that most closely corresponds to
the local area);
(B) was in existence on the day before the date of
enactment of this Act, pursuant to State law; and
(C) includes--
(i) representatives of business in the local
area; and
(ii)(I) representatives of labor organizations
(for a local area in which employees are
represented by labor organizations), nominated by
local labor federations; or
(II) other representatives of employees in the
local area (for a local area in which no employees
are represented by such organizations).
(2) References.--A reference in this Act or a core program
provision to a local board, shall include a reference to such an
entity.
SEC. 108. <<NOTE: 29 USC 3123.>> LOCAL PLAN.
(a) In General.--Each local board shall develop and submit to the
Governor a comprehensive 4-year local plan, in partnership
[[Page 128 STAT. 1467]]
with the chief elected official. The local plan shall support the
strategy described in the State plan in accordance with section
102(b)(1)(E), and otherwise be consistent with the State
plan. <<NOTE: Compliance.>> If the local area is part of a planning
region, the local board shall comply with section 106(c) in the
preparation and submission of a regional plan. <<NOTE: Time
period. Review.>> At the end of the first 2-year period of the 4-year
local plan, each local board shall review the local plan and the local
board, in partnership with the chief elected official, shall prepare and
submit modifications to the local plan to reflect changes in labor
market and economic conditions or in other factors affecting the
implementation of the local plan.
(b) Contents.--The local plan shall include--
(1) a description of the strategic planning elements
consisting of--
(A) an analysis of the regional economic conditions
including--
(i) existing and emerging in-demand industry
sectors and occupations; and
(ii) the employment needs of employers in
those industry sectors and occupations;
(B) an analysis of the knowledge and skills needed
to meet the employment needs of the employers in the
region, including employment needs in in-demand industry
sectors and occupations;
(C) an analysis of the workforce in the region,
including current labor force employment (and
unemployment) data, and information on labor market
trends, and the educational and skill levels of the
workforce in the region, including individuals with
barriers to employment;
(D) an analysis of the workforce development
activities (including education and training) in the
region, including an analysis of the strengths and
weaknesses of such services, and the capacity to provide
such services, to address the identified education and
skill needs of the workforce and the employment needs of
employers in the region;
(E) a description of the local board's strategic
vision and goals for preparing an educated and skilled
workforce (including youth and individuals with barriers
to employment), including goals relating to the
performance accountability measures based on primary
indicators of performance described in section
116(b)(2)(A) in order to support regional economic
growth and economic self-sufficiency; and
(F) taking into account analyses described in
subparagraphs (A) through (D), a strategy to work with
the entities that carry out the core programs to align
resources available to the local area, to achieve the
strategic vision and goals described in subparagraph
(E);
(2) a description of the workforce development system in the
local area that identifies the programs that are included in
that system and how the local board will work with the entities
carrying out core programs and other workforce development
programs to support alignment to provide services, including
programs of study authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.),
that support the strategy identified in the State plan under
section 102(b)(1)(E);
[[Page 128 STAT. 1468]]
(3) a description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for
eligible individuals, particularly eligible individuals with
barriers to employment, including how the local board will
facilitate the development of career pathways and co-enrollment,
as appropriate, in core programs, and improve access to
activities leading to a recognized postsecondary credential
(including a credential that is an industry-recognized
certificate or certification, portable, and stackable);
(4) a description of the strategies and services that will
be used in the local area--
(A) in order to--
(i) facilitate engagement of employers,
including small employers and employers in in-
demand industry sectors and occupations, in
workforce development programs;
(ii) support a local workforce development
system that meets the needs of businesses in the
local area;
(iii) better coordinate workforce development
programs and economic development; and
(iv) strengthen linkages between the one-stop
delivery system and unemployment insurance
programs; and
(B) that may include the implementation of
initiatives such as incumbent worker training programs,
on-the-job training programs, customized training
programs, industry and sector strategies, career
pathways initiatives, utilization of effective business
intermediaries, and other business services and
strategies, designed to meet the needs of employers in
the corresponding region in support of the strategy
described in paragraph (1)(F);
(5) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with economic development activities carried out in the region
in which the local area is located (or planning region), and
promote entrepreneurial skills training and microenterprise
services;
(6) a description of the one-stop delivery system in the
local area, including--
(A) a description of how the local board will ensure
the continuous improvement of eligible providers of
services through the system and ensure that such
providers meet the employment needs of local employers,
and workers and jobseekers;
(B) a description of how the local board will
facilitate access to services provided through the one-
stop delivery system, including in remote areas, through
the use of technology and through other means;
(C) a description of how entities within the one-
stop delivery system, including one-stop operators and
the one-stop partners, will comply with section 188, if
applicable, and applicable provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
regarding the physical and programmatic accessibility of
facilities, programs and services, technology, and
materials for individuals with disabilities, including
providing staff training and support
[[Page 128 STAT. 1469]]
for addressing the needs of individuals with
disabilities; and
(D) a description of the roles and resource
contributions of the one-stop partners;
(7) a description and assessment of the type and
availability of adult and dislocated worker employment and
training activities in the local area;
(8) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with statewide rapid response activities, as described in
section 134(a)(2)(A);
(9) a description and assessment of the type and
availability of youth workforce investment activities in the
local area, including activities for youth who are individuals
with disabilities, which description and assessment shall
include an identification of successful models of such youth
workforce investment activities;
(10) a description of how the local board will coordinate
education and workforce investment activities carried out in the
local area with relevant secondary and postsecondary education
programs and activities to coordinate strategies, enhance
services, and avoid duplication of services;
(11) a description of how the local board will coordinate
workforce investment activities carried out under this title in
the local area with the provision of transportation, including
public transportation, and other appropriate supportive services
in the local area;
(12) a description of plans and strategies for, and
assurances concerning, maximizing coordination of services
provided by the State employment service under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) and services provided in the local
area through the one-stop delivery system, to improve service
delivery and avoid duplication of services;
(13) a description of how the local board will coordinate
workforce investment activities carried out under this title in
the local area with the provision of adult education and
literacy activities under title II in the local area, including
a description of how the local board will carry out, consistent
with subparagraphs (A) and (B)(i) of section 107(d)(11) and
section 232, the review of local applications submitted under
title II;
(14) a description of the replicated cooperative agreements
(as defined in section 107(d)(11)) between the local board or
other local entities described in section 101(a)(11)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the
local office of a designated State agency or designated State
unit administering programs carried out under title I of such
Act (29 U.S.C. 720 et seq.) (other than section 112 or part C of
that title (29 U.S.C. 732, 741) and subject to section 121(f))
in accordance with section 101(a)(11) of such Act (29 U.S.C.
721(a)(11)) with respect to efforts that will enhance the
provision of services to individuals with disabilities and to
other individuals, such as cross training of staff, technical
assistance, use and sharing of information, cooperative efforts
with employers, and other efforts at cooperation, collaboration,
and coordination;
(15) an identification of the entity responsible for the
disbursal of grant funds described in section
107(d)(12)(B)(i)(III),
[[Page 128 STAT. 1470]]
as determined by the chief elected official or the Governor
under section 107(d)(12)(B)(i);
(16) a description of the competitive process to be used to
award the subgrants and contracts in the local area for
activities carried out under this title;
(17) a description of the local levels of performance
negotiated with the Governor and chief elected official pursuant
to section 116(c), to be used to measure the performance of the
local area and to be used by the local board for measuring the
performance of the local fiscal agent (where appropriate),
eligible providers under subtitle B, and the one-stop delivery
system, in the local area;
(18) a description of the actions the local board will take
toward becoming or remaining a high-performing board, consistent
with the factors developed by the State board pursuant to
section 101(d)(6);
(19) a description of how training services under chapter 3
of subtitle B will be provided in accordance with section
134(c)(3)(G), including, if contracts for the training services
will be used, how the use of such contracts will be coordinated
with the use of individual training accounts under that chapter
and how the local board will ensure informed customer choice in
the selection of training programs regardless of how the
training services are to be provided;
(20) a description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for
public comment, including comment by representatives of
businesses and comment by representatives of labor
organizations, and input into the development of the local plan,
prior to submission of the plan;
(21) a description of how one-stop centers are implementing
and transitioning to an integrated, technology-enabled intake
and case management information system for programs carried out
under this Act and programs carried out by one-stop partners;
and
(22) such other information as the Governor may require.
(c) Existing Analysis.--As appropriate, a local area may use an
existing analysis in order to carry out the requirements of subsection
(b)(1) concerning an analysis.
(d) Process.--Prior to the date on which the local board submits a
local plan under this section, the local board shall--
(1) <<NOTE: Records. Public information.>> make available
copies of a proposed local plan to the public through electronic
and other means, such as public hearings and local news media;
(2) <<NOTE: Deadline. Time period.>> allow members of the
public, including representatives of business, representatives
of labor organizations, and representatives of education to
submit to the local board comments on the proposed local plan,
not later than the end of the 30-day period beginning on the
date on which the proposed local plan is made available; and
(3) include with the local plan submitted to the Governor
under this section any such comments that represent disagreement
with the plan.
(e) <<NOTE: Time period. Effective date.>> Plan Submission and
Approval.--A local plan submitted to the Governor under this section
(including a modification to such a local plan) shall be considered to
be approved by the Governor at the end of the 90-day period beginning on
the day the
[[Page 128 STAT. 1471]]
Governor receives the plan (including such a modification), unless the
Governor makes a written determination during the 90-day period that--
(1) deficiencies in activities carried out under this
subtitle or subtitle B have been identified, through audits
conducted under section 184 or otherwise, and the local area has
not made acceptable progress in implementing corrective measures
to address the deficiencies;
(2) the plan does not comply with the applicable provisions
of this Act; or
(3) the plan does not align with the State plan, including
failing to provide for alignment of the core programs to support
the strategy identified in the State plan in accordance with
section 102(b)(1)(E).
CHAPTER 3--BOARD PROVISIONS
SEC. 111. <<NOTE: 29 USC 3131.>> FUNDING OF STATE AND LOCAL
BOARDS.
(a) State Boards.--In funding a State board under this subtitle, a
State--
(1) shall use funds available as described in section
129(b)(3) or 134(a)(3)(B); and
(2) may use non-Federal funds available to the State that
the State determines are appropriate and available for that use.
(b) Local Boards.--In funding a local board under this subtitle, the
chief elected official and local board for the local area--
(1) shall use funds available as described in section
128(b)(4); and
(2) may use non-Federal funds available to the local area
that the chief elected official and local board determine are
appropriate and available for that use.
CHAPTER 4--PERFORMANCE ACCOUNTABILITY
SEC. 116. <<NOTE: 29 USC 3141.>> PERFORMANCE ACCOUNTABILITY
SYSTEM.
(a) <<NOTE: Applicability. Assessment.>> Purpose.--The purpose of
this section is to establish performance accountability measures that
apply across the core programs to assess the effectiveness of States and
local areas (for core programs described in subtitle B) in achieving
positive outcomes for individuals served by those programs.
(b) State Performance Accountability Measures.--
(1) In general.--For each State, the performance
accountability measures for the core programs shall consist of--
(A)(i) the primary indicators of performance
described in paragraph (2)(A); and
(ii) the additional indicators of performance (if
any) identified by the State under paragraph (2)(B); and
(B) a State adjusted level of performance for each
indicator described in subparagraph (A).
(2) Indicators of performance.--
(A) Primary indicators of performance.--
(i) In general.--The State primary indicators
of performance for activities provided under the
adult and dislocated worker programs authorized
under chapter 3 of subtitle B, the program of
adult education and literacy activities authorized
under title II, the
[[Page 128 STAT. 1472]]
employment services program authorized under
sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) (except that subclauses (IV)
and (V) shall not apply to such program), and the
program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741), shall consist of--
(I) the percentage of program
participants who are in unsubsidized
employment during the second quarter
after exit from the program;
(II) the percentage of program
participants who are in unsubsidized
employment during the fourth quarter
after exit from the program;
(III) the median earnings of program
participants who are in unsubsidized
employment during the second quarter
after exit from the program;
(IV) the percentage of program
participants who obtain a recognized
postsecondary credential, or a secondary
school diploma or its recognized
equivalent (subject to clause (iii)),
during participation in or within 1 year
after exit from the program;
(V) the percentage of program
participants who, during a program year,
are in an education or training program
that leads to a recognized postsecondary
credential or employment and who are
achieving measurable skill gains toward
such a credential or employment; and
(VI) the indicators of effectiveness
in serving employers established
pursuant to clause (iv).
(ii) Primary indicators for eligible youth.--
The primary indicators of performance for the
youth program authorized under chapter 2 of
subtitle B shall consist of--
(I) the percentage of program
participants who are in education or
training activities, or in unsubsidized
employment, during the second quarter
after exit from the program;
(II) the percentage of program
participants who are in education or
training activities, or in unsubsidized
employment, during the fourth quarter
after exit from the program; and
(III) the primary indicators of
performance described in subclauses
(III) through (VI) of subparagraph
(A)(i).
(iii) Indicator relating to credential.--For
purposes of clause (i)(IV), or clause (ii)(III)
with respect to clause (i)(IV), program
participants who obtain a secondary school diploma
or its recognized equivalent shall be included in
the percentage counted as meeting the criterion
under such clause only if such participants, in
addition to obtaining such diploma or its
recognized equivalent, have obtained or retained
employment or are in an education or training
program leading to a recognized postsecondary
credential within 1 year after exit from the
program.
[[Page 128 STAT. 1473]]
(iv) <<NOTE: Consultation.>> Indicator for
services to employers.--Prior to the commencement
of the second full program year after the date of
enactment of this Act, for purposes of clauses
(i)(VI), or clause (ii)(III) with respect to
clause (i)(IV), the Secretary of Labor and the
Secretary of Education, after consultation with
the representatives described in paragraph (4)(B),
shall jointly develop and establish, for purposes
of this subparagraph, 1 or more primary indicators
of performance that indicate the effectiveness of
the core programs in serving employers.
(B) Additional indicators.--A State may identify in
the State plan additional performance accountability
indicators.
(3) Levels of performance.--
(A) State adjusted levels of performance for primary
indicators.--
(i) In general.--For each State submitting a
State plan, there shall be established, in
accordance with this subparagraph, levels of
performance for each of the corresponding primary
indicators of performance described in paragraph
(2) for each of the programs described in clause
(ii).
(ii) Included programs.--The programs included
under clause (i) are--
(I) the youth program authorized
under chapter 2 of subtitle B;
(II) the adult program authorized
under chapter 3 of subtitle B;
(III) the dislocated worker program
authorized under chapter 3 of subtitle
B;
(IV) the program of adult education
and literacy activities authorized under
title II;
(V) the employment services program
authorized under sections 1 through 13
of the Wagner-Peyser Act (29 U.S.C. 49
et seq.); and
(VI) the program authorized under
title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.), other than
section 112 or part C of that title (29
U.S.C. 732, 741).
(iii) <<NOTE: Time period.>> Identification
in state plan.--Each State shall identify, in the
State plan, expected levels of performance for
each of the corresponding primary indicators of
performance for each of the programs described in
clause (ii) for the first 2 program years covered
by the State plan.
(iv) Agreement on state adjusted levels of
performance.--
(I) First 2 years.--The State shall
reach agreement with the Secretary of
Labor, in conjunction with the Secretary
of Education on levels of performance
for each indicator described in clause
(iii) for each of the programs described
in clause (ii) for each of the first 2
program years covered by the State plan.
In reaching the agreement, the State and
the Secretary of Labor in conjunction
with the Secretary of Education shall
take into
[[Page 128 STAT. 1474]]
account the levels identified in the
State plan under clause (iii) and the
factors described in clause (v). The
levels agreed to shall be considered to
be the State adjusted levels of
performance for the State for such
program years and shall be incorporated
into the State plan prior to the
approval of such plan.
(II) Third and fourth year.--The
State and the Secretary of Labor, in
conjunction with the Secretary of
Education, shall reach agreement, prior
to the third program year covered by the
State plan, on levels of performance for
each indicator described in clause (iii)
for each of the programs described in
clause (ii) for each of the third and
fourth program years covered by the
State plan. In reaching the agreement,
the State and Secretary of Labor, in
conjunction with the Secretary of
Education, shall take into account the
factors described in clause (v). The
levels agreed to shall be considered to
be the State adjusted levels of
performance for the State for such
program years and shall be incorporated
into the State plan as a modification to
the plan.
(v) Factors.--In reaching the agreements
described in clause (iv), the State and
Secretaries shall--
(I) take into account how the levels
involved compare with the State adjusted
levels of performance established for
other States;
(II) ensure that the levels involved
are adjusted, using the objective
statistical model established by the
Secretaries pursuant to clause (viii),
based on--
(aa) the differences among
States in actual economic
conditions (including
differences in unemployment
rates and job losses or gains in
particular industries); and
(bb) the characteristics of
participants when the
participants entered the program
involved, including indicators
of poor work history, lack of
work experience, lack of
educational or occupational
skills attainment, dislocation
from high-wage and high-benefit
employment, low levels of
literacy or English proficiency,
disability status, homelessness,
ex-offender status, and welfare
dependency;
(III) take into account the extent
to which the levels involved promote
continuous improvement in performance
accountability on the performance
accountability measures by such State
and ensure optimal return on the
investment of Federal funds; and
(IV) take into account the extent to
which the levels involved will assist
the State in meeting the goals described
in clause (vi).
(vi) <<NOTE: Consultation.>> Goals.--In order
to promote enhanced performance outcomes and to
facilitate the process of
[[Page 128 STAT. 1475]]
reaching agreements with the States under clause
(iv), the Secretary of Labor, in conjunction with
the Secretary of Education, shall establish
performance goals for the core programs, in
accordance with the Government Performance and
Results Act of 1993 (Public Law 103-62; 107 Stat.
285) and the amendments made by that Act, and in
consultation with States and other appropriate
parties. Such goals shall be long-term goals for
the adjusted levels of performance to be achieved
by each of the programs described in clause (ii)
regarding the corresponding primary indicators of
performance described in paragraph (2)(A).
(vii) Revisions based on economic conditions
and individuals served during the program year.--
The Secretary of Labor, in conjunction with the
Secretary of Education, shall, in accordance with
the objective statistical model developed pursuant
to clause (viii), revise the State adjusted levels
of performance applicable for each of the programs
described in clause (ii), for a program year and a
State, to reflect the actual economic conditions
and characteristics of participants (as described
in clause (v)(II)) in that program during such
program year in such State.
(viii) <<NOTE: Consultation.>> Statistical
adjustment model.--The Secretary of Labor and the
Secretary of Education, after consultation with
the representatives described in paragraph (4)(B),
shall develop and disseminate an objective
statistical model that will be used to make the
adjustments in the State adjusted levels of
performance for actual economic conditions and
characteristics of participants under clauses (v)
and (vii).
(B) Levels of performance for additional
indicators.--The State may identify, in the State plan,
State levels of performance for each of the additional
indicators identified under paragraph (2)(B). Such
levels shall be considered to be State adjusted levels
of performance for purposes of this section.
(4) Definitions of indicators of performance.--
(A) <<NOTE: Consultation.>> In general.--In order
to ensure nationwide comparability of performance data,
the Secretary of Labor and the Secretary of Education,
after consultation with representatives described in
subparagraph (B), shall issue definitions for the
indicators described in paragraph (2).
(B) Representatives.--The representatives referred
to in subparagraph (A) are representatives of States and
political subdivisions, business and industry,
employees, eligible providers of activities carried out
through the core programs, educators, researchers,
participants, the lead State agency officials with
responsibility for the programs carried out through the
core programs, individuals with expertise in serving
individuals with barriers to employment, and other
interested parties.
(c) Local Performance Accountability Measures for Subtitle B.--
[[Page 128 STAT. 1476]]
(1) In general.--For each local area in a State designated
under section 106, the local performance accountability measures
for each of the programs described in subclauses (I) through
(III) of subsection (b)(3)(A)(ii) shall consist of--
(A)(i) the primary indicators of performance
described in subsection (b)(2)(A) that are applicable to
such programs; and
(ii) additional indicators of performance, if any,
identified by the State for such programs under
subsection (b)(2)(B); and
(B) the local level of performance for each
indicator described in subparagraph (A).
(2) <<NOTE: Negotiation.>> Local level of performance.--The
local board, the chief elected official, and the Governor shall
negotiate and reach agreement on local levels of performance
based on the State adjusted levels of performance established
under subsection (b)(3)(A).
(3) Adjustment factors.--In negotiating the local levels of
performance, the local board, the chief elected official, and
the Governor shall make adjustments for the expected economic
conditions and the expected characteristics of participants to
be served in the local area, using the statistical adjustment
model developed pursuant to subsection (b)(3)(A)(viii). In
addition, the negotiated local levels of performance applicable
to a program year shall be revised to reflect the actual
economic conditions experienced and the characteristics of the
populations served in the local area during such program year
using the statistical adjustment model.
(d) Performance Reports.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Labor, in conjunction
with the Secretary of Education, shall develop a template for
performance reports that shall be used by States, local boards,
and eligible providers of training services under section 122 to
report on outcomes achieved by the core programs. In developing
such templates, the Secretary of Labor, in conjunction with the
Secretary of Education, will take into account the need to
maximize the value of the templates for workers, jobseekers,
employers, local elected officials, State officials, Federal
policymakers, and other key stakeholders.
(2) Contents of state performance reports.--The performance
report for a State shall include, subject to paragraph (5)(C)--
(A) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each
of the programs described in subsection (b)(3)(A)(ii)
and the State adjusted levels of performance with
respect to such indicators for each program;
(B) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each
of the programs described in subsection (b)(3)(A)(ii)
with respect to individuals with barriers to employment,
disaggregated by each subpopulation of such individuals,
and by race, ethnicity, sex, and age;
[[Page 128 STAT. 1477]]
(C) the total number of participants served by each
of the programs described in subsection (b)(3)(A)(ii);
(D) the number of participants who received career
and training services, respectively, during the most
recent program year and the 3 preceding program years,
and the amount of funds spent on each type of service;
(E) the number of participants who exited from
career and training services, respectively, during the
most recent program year and the 3 preceding program
years;
(F) the average cost per participant of those
participants who received career and training services,
respectively, during the most recent program year and
the 3 preceding program years;
(G) the percentage of participants in a program
authorized under this subtitle who received training
services and obtained unsubsidized employment in a field
related to the training received;
(H) the number of individuals with barriers to
employment served by each of the programs described in
subsection (b)(3)(A)(ii), disaggregated by each
subpopulation of such individuals;
(I) the number of participants who are enrolled in
more than 1 of the programs described in subsection
(b)(3)(A)(ii);
(J) the percentage of the State's annual allotment
under section 132(b) that the State spent on
administrative costs;
(K) in the case of a State in which local areas are
implementing pay-for-performance contract strategies for
programs--
(i) the performance of service providers
entering into contracts for such strategies,
measured against the levels of performance
specified in the contracts for such strategies;
and
(ii) an evaluation of the design of the
programs and performance of the strategies, and,
where possible, the level of satisfaction with the
strategies among employers and participants
benefitting from the strategies; and
(L) other information that facilitates comparisons
of programs with programs in other States.
(3) Contents of local area performance reports.--The
performance reports for a local area shall include, subject to
paragraph (6)(C)--
(A) the information specified in subparagraphs (A)
through (L) of paragraph (2), for each of the programs
described in subclauses (I) through (III) of subsection
(b)(3)(A)(ii);
(B) the percentage of the local area's allocation
under sections 128(b) and 133(b) that the local area
spent on administrative costs; and
(C) other information that facilitates comparisons
of programs with programs in other local areas (or
planning regions, as appropriate).
(4) Contents of eligible training providers performance
reports.--The performance report for an eligible provider of
training services under section 122 shall include, subject
[[Page 128 STAT. 1478]]
to paragraph (6)(C), with respect to each program of study (or
the equivalent) of such provider--
(A) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) with respect to all individuals
engaging in the program of study (or the equivalent);
(B) the total number of individuals exiting from the
program of study (or the equivalent);
(C) the total number of participants who received
training services through each of the adult program and
the dislocated worker program authorized under chapter 3
of subtitle B, disaggregated by the type of entity that
provided the training, during the most recent program
year and the 3 preceding program years;
(D) the total number of participants who exited from
training services, disaggregated by the type of entity
that provided the training, during the most recent
program year and the 3 preceding program years;
(E) the average cost per participant for the
participants who received training services,
disaggregated by the type of entity that provided the
training, during the most recent program year and the 3
preceding program years; and
(F) the number of individuals with barriers to
employment served by each of the adult program and the
dislocated worker program authorized under chapter 3 of
subtitle B, disaggregated by each subpopulation of such
individuals, and by race, ethnicity, sex, and age.
(5) <<NOTE: Procedures.>> Data validation.--In preparing
the State reports described in this subsection, each State shall
establish procedures, consistent with guidelines issued by the
Secretary, in conjunction with the Secretary of Education, to
ensure the information contained in the reports is valid and
reliable.
(6) Publication.--
(A) State performance reports.--The Secretary of
Labor and the Secretary of Education shall annually make
available (including by electronic means), in an easily
understandable format, the performance reports for
States containing the information described in paragraph
(2).
(B) Local area and eligible training provider
performance reports.--The State shall make available
(including by electronic means), in an easily
understandable format, the performance reports for the
local areas containing the information described in
paragraph (3) and the performance reports for eligible
providers of training services containing the
information described in paragraph (4).
(C) Rules for reporting of data.--The disaggregation
of data under this subsection shall not be required when
the number of participants in a category is insufficient
to yield statistically reliable information or when the
results would reveal personally identifiable information
about an individual participant.
(D) Dissemination to congress.--The Secretary of
Labor and the Secretary of Education shall make
available (including by electronic means) a summary of
the reports, and the reports, required under this
subsection to the
[[Page 128 STAT. 1479]]
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate. <<NOTE: Recommenda-
tions.>> The Secretaries shall prepare and make
available with the reports a set of recommendations for
improvements in and adjustments to pay-for-performance
contract strategies used under subtitle B.
(e) Evaluation of State Programs.--
(1) In general.--Using funds authorized under a core program
and made available to carry out this section, the State, in
coordination with local boards in the State and the State
agencies responsible for the administration of the core
programs, shall conduct ongoing evaluations of activities
carried out in the State under such programs. The State, local
boards, and State agencies shall conduct the evaluations in
order to promote, establish, implement, and utilize methods for
continuously improving core program activities in order to
achieve high-level performance within, and high-level outcomes
from, the workforce development system. The State shall
coordinate the evaluations with the evaluations provided for by
the Secretary of Labor and the Secretary of Education under
section 169, section 242(c)(2)(D), and sections 12(a)(5), 14,
and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5),
711, 727) (applied with respect to programs carried out under
title I of that Act (29 U.S.C. 720 et seq.)) and the
investigations provided for by the Secretary of Labor under
section 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)).
(2) Design.--The evaluations conducted under this subsection
shall be designed in conjunction with the State board, State
agencies responsible for the administration of the core
programs, and local boards and shall include analysis of
customer feedback and outcome and process measures in the
statewide workforce development system. The evaluations shall
use designs that employ the most rigorous analytical and
statistical methods that are reasonably feasible, such as the
use of control groups.
(3) <<NOTE: Public information.>> Results.--The State shall
annually prepare, submit to the State board and local boards in
the State, and make available to the public (including by
electronic means), reports containing the results of evaluations
conducted under this subsection, to promote the efficiency and
effectiveness of the workforce development system.
(4) Cooperation with federal evaluations.--The State shall,
to the extent practicable, cooperate in the conduct of
evaluations (including related research projects) provided for
by the Secretary of Labor or the Secretary of Education under
the provisions of Federal law identified in paragraph (1). Such
cooperation shall include the provision of data (in accordance
with appropriate privacy protections established by the
Secretary of Labor), the provision of responses to surveys, and
allowing site visits in a timely manner, for the Secretaries or
their agents.
(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
(1) States.--
[[Page 128 STAT. 1480]]
(A) Technical assistance.--If a State fails to meet
the State adjusted levels of performance relating to
indicators described in subsection (b)(2)(A) for a
program for any program year, the Secretary of Labor and
the Secretary of Education shall provide technical
assistance, including assistance in the development of a
performance improvement plan.
(B) <<NOTE: Determination.>> Reduction in amount of
grant.--If such failure continues for a second
consecutive year, or (except in the case of exceptional
circumstances as determined by the Secretary of Labor or
the Secretary of Education, as appropriate) a State
fails to submit a report under subsection (d) for any
program year, the percentage of each amount that would
(in the absence of this paragraph) be reserved by the
Governor under section 128(a) for the immediately
succeeding program year shall be reduced by 5 percentage
points until such date as the Secretary of Labor or the
Secretary of Education, as appropriate, determines that
the State meets such State adjusted levels of
performance and has submitted such reports for the
appropriate program years.
(g) Sanctions for Local Area Failure To Meet Local Performance
Accountability Measures.--
(1) Technical assistance.--If a local area fails to meet
local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker
program authorized under chapter 2 or 3 of subtitle B for a
program described in subsection (d)(2)(A) for any program year,
the Governor, or upon request by the Governor, the Secretary of
Labor, shall provide technical assistance, which may include
assistance in the development of a performance improvement plan
or the development of a modified local plan (or regional plan).
(2) Corrective actions.--
(A) <<NOTE: Reorganization plan.>> In general.--If
such failure continues for a third consecutive year, the
Governor shall take corrective actions, which shall
include development of a reorganization plan through
which the Governor shall--
(i) require the appointment and certification
of a new local board, consistent with the criteria
established under section 107(b);
(ii) prohibit the use of eligible providers
and one-stop partners identified as achieving a
poor level of performance; or
(iii) take such other significant actions as
the Governor determines are appropriate.
(B) <<NOTE: Deadlines.>> Appeal by local area.--
(i) Appeal to governor.--The local board and
chief elected official for a local area that is
subject to a reorganization plan under
subparagraph (A) may, not later than 30 days after
receiving notice of the reorganization plan,
appeal to the Governor to rescind or revise such
plan. In such case, the Governor shall make a
final decision not later than 30 days after the
receipt of the appeal.
(ii) Subsequent action.--The local board and
chief elected official for a local area may, not
later
[[Page 128 STAT. 1481]]
than 30 days after receiving a decision from the
Governor pursuant to clause (i), appeal such
decision to the Secretary of Labor. In such case,
the Secretary shall make a final decision not
later than 30 days after the receipt of the
appeal.
(C) Effective date.--The decision made by the
Governor under subparagraph (B)(i) shall become
effective at the time the Governor issues the decision
pursuant to such clause. Such decision shall remain
effective unless the Secretary of Labor rescinds or
revises such plan pursuant to subparagraph (B)(ii).
(h) Establishing Pay-for-Performance Contract Strategy Incentives.--
Using non-Federal funds, the Governor may establish incentives for local
boards to implement pay-for-performance contract strategies for the
delivery of training services described in section 134(c)(3) or
activities described in section 129(c)(2) in the local areas served by
the local boards.
(i) Fiscal and Management Accountability Information Systems.--
(1) <<NOTE: Guidelines. Consultation.>> In general.--Using
funds authorized under a core program and made available to
carry out this chapter, the Governor, in coordination with the
State board, the State agencies administering the core programs,
local boards, and chief elected officials in the State, shall
establish and operate a fiscal and management accountability
information system based on guidelines established by the
Secretary of Labor and the Secretary of Education after
consultation with the Governors of States, chief elected
officials, and one-stop partners. Such guidelines shall promote
efficient collection and use of fiscal and management
information for reporting and monitoring the use of funds
authorized under the core programs and for preparing the annual
report described in subsection (d).
(2) Wage records.--In measuring the progress of the State on
State and local performance accountability measures, a State
shall utilize quarterly wage records, consistent with State law.
The Secretary of Labor shall make arrangements, consistent with
State law, to ensure that the wage records of any State are
available to any other State to the extent that such wage
records are required by the State in carrying out the State plan
of the State or completing the annual report described in
subsection (d).
(3) Confidentiality.--In carrying out the requirements of
this Act, the State shall comply with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
Subtitle B--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. <<NOTE: 29 USC 3151.>> ESTABLISHMENT OF ONE-STOP
DELIVERY SYSTEMS.
(a) In General.--Consistent with an approved State plan, the local
board for a local area, with the agreement of the chief elected official
for the local area, shall--
[[Page 128 STAT. 1482]]
(1) <<NOTE: Memorandum.>> develop and enter into the
memorandum of understanding described in subsection (c) with
one-stop partners;
(2) <<NOTE: Certification.>> designate or certify one-stop
operators under subsection (d); and
(3) conduct oversight with respect to the one-stop delivery
system in the local area.
(b) One-stop Partners.--
(1) Required partners.--
(A) Roles and responsibilities of one-stop
partners.--Each entity that carries out a program or
activities described in subparagraph (B) in a local area
shall--
(i) provide access through the one-stop
delivery system to such program or activities
carried out by the entity, including making the
career services described in section 134(c)(2)
that are applicable to the program or activities
available at the one-stop centers (in addition to
any other appropriate locations);
(ii) use a portion of the funds available for
the program and activities to maintain the one-
stop delivery system, including payment of the
infrastructure costs of one-stop centers in
accordance with subsection (h);
(iii) <<NOTE: Memorandum.>> enter into a
local memorandum of understanding with the local
board, relating to the operation of the one-stop
system, that meets the requirements of subsection
(c);
(iv) participate in the operation of the one-
stop system consistent with the terms of the
memorandum of understanding, the requirements of
this title, and the requirements of the Federal
laws authorizing the program or activities; and
(v) provide representation on the State board
to the extent provided under section 101.
(B) Programs and activities.--The programs and
activities referred to in subparagraph (A) consist of--
(i) programs authorized under this title;
(ii) programs authorized under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.);
(iii) adult education and literacy activities
authorized under title II;
(iv) programs authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
(other than section 112 or part C of title I of
such Act (29 U.S.C. 732, 741);
(v) activities authorized under title V of the
Older Americans Act of 1965 (42 U.S.C. 3056 et
seq.);
(vi) career and technical education programs
at the postsecondary level authorized under the
Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.);
(vii) activities authorized under chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2271
et seq.);
(viii) activities authorized under chapter 41
of title 38, United States Code;
(ix) employment and training activities
carried out under the Community Services Block
Grant Act (42 U.S.C. 9901 et seq.);
[[Page 128 STAT. 1483]]
(x) employment and training activities carried
out by the Department of Housing and Urban
Development;
(xi) programs authorized under State
unemployment compensation laws (in accordance with
applicable Federal law);
(xii) programs authorized under section 212 of
the Second Chance Act of 2007 (42 U.S.C. 17532);
and
(xiii) programs authorized under part A of
title IV of the Social Security Act (42 U.S.C. 601
et seq.), subject to subparagraph (C).
(C) Determination by the governor.--
(i) In general.--An entity that carries out a
program referred to in subparagraph (B)(xiii)
shall be included in the one-stop partners for the
local area, as a required partner, for purposes of
this Act and the other core program provisions
that are not part of this Act, unless the Governor
provides the notification described in clause
(ii).
(ii) Notification.--The notification referred
to in clause (i) is a notification that--
(I) is made in writing of a
determination by the Governor not to
include such entity in the one-stop
partners described in clause (i); and
(II) is provided to the Secretary of
Labor (referred to in this subtitle, and
subtitles C through E, as the
``Secretary'') and the Secretary of
Health and Human Services.
(2) Additional partners.--
(A) In general.--With the approval of the local
board and chief elected official, in addition to the
entities described in paragraph (1), other entities that
carry out workforce development programs described in
subparagraph (B) may be one-stop partners for the local
area and carry out the responsibilities described in
paragraph (1)(A).
(B) Programs.--The programs referred to in
subparagraph (A) may include--
(i) employment and training programs
administered by the Social Security
Administration, including the Ticket to Work and
Self-Sufficiency Program established under section
1148 of the Social Security Act (42 U.S.C. 1320b-
19);
(ii) employment and training programs carried
out by the Small Business Administration;
(iii) programs authorized under section
6(d)(4) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d)(4));
(iv) work programs authorized under section
6(o) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(o));
(v) programs carried out under section 112 of
the Rehabilitation Act of 1973 (29 U.S.C. 732);
(vi) programs authorized under the National
and Community Service Act of 1990 (42 U.S.C. 12501
et seq.); and
[[Page 128 STAT. 1484]]
(vii) other appropriate Federal, State, or
local programs, including employment, education,
and training programs provided by public libraries
or in the private sector.
(c) Memorandum of Understanding.--
(1) Development.--The local board, with the agreement of the
chief elected official, shall develop and enter into a
memorandum of understanding (between the local board and the
one-stop partners), consistent with paragraph (2), concerning
the operation of the one-stop delivery system in the local area.
(2) Contents.--Each memorandum of understanding shall
contain--
(A) provisions describing--
(i) the services to be provided through the
one-stop delivery system consistent with the
requirements of this section, including the manner
in which the services will be coordinated and
delivered through such system;
(ii) how the costs of such services and the
operating costs of such system will be funded,
including--
(I) funding through cash and in-kind
contributions (fairly evaluated), which
contributions may include funding from
philanthropic organizations or other
private entities, or through other
alternative financing options, to
provide a stable and equitable funding
stream for ongoing one-stop delivery
system operations; and
(II) funding of the infrastructure
costs of one-stop centers in accordance
with subsection (h);
(iii) methods of referral of individuals
between the one-stop operator and the one-stop
partners for appropriate services and activities;
(iv) methods to ensure the needs of workers
and youth, and individuals with barriers to
employment, including individuals with
disabilities, are addressed in the provision of
necessary and appropriate access to services,
including access to technology and materials, made
available through the one-stop delivery system;
and
(v) the duration of the memorandum of
understanding and the procedures for amending the
memorandum during the duration of the memorandum,
and assurances that such memorandum shall be
reviewed not less than once every 3-year period to
ensure appropriate funding and delivery of
services; and
(B) such other provisions, consistent with the
requirements of this title, as the parties to the
agreement determine to be appropriate.
(d) One-stop Operators.--
(1) Local designation and certification.--Consistent with
paragraphs (2) and (3), the local board, with the agreement of
the chief elected official, is authorized to designate or
certify one-stop operators and to terminate for cause the
eligibility of such operators.
(2) Eligibility.--To be eligible to receive funds made
available under this subtitle to operate a one-stop center
referred
[[Page 128 STAT. 1485]]
to in subsection (e), an entity (which may be a consortium of
entities)--
(A) shall be designated or certified as a one-stop
operator through a competitive process; and
(B) shall be an entity (public, private, or
nonprofit), or consortium of entities (including a
consortium of entities that, at a minimum, includes 3 or
more of the one-stop partners described in subsection
(b)(1)), of demonstrated effectiveness, located in the
local area, which may include--
(i) an institution of higher education;
(ii) an employment service State agency
established under the Wagner-Peyser Act (29 U.S.C.
49 et seq.), on behalf of the local office of the
agency;
(iii) a community-based organization,
nonprofit organization, or intermediary;
(iv) a private for-profit entity;
(v) a government agency; and
(vi) another interested organization or
entity, which may include a local chamber of
commerce or other business organization, or a
labor organization.
(3) Exception.--Elementary schools and secondary schools
shall not be eligible for designation or certification as one-
stop operators, except that nontraditional public secondary
schools and area career and technical education schools may be
eligible for such designation or certification.
(4) Additional requirements.--The State and local boards
shall ensure that in carrying out activities under this title,
one-stop operators--
(A) disclose any potential conflicts of interest
arising from the relationships of the operators with
particular training service providers or other service
providers;
(B) do not establish practices that create
disincentives to providing services to individuals with
barriers to employment who may require longer-term
services, such as intensive employment, training, and
education services; and
(C) <<NOTE: Compliance.>> comply with Federal
regulations, and procurement policies, relating to the
calculation and use of profits.
(e) Establishment of One-stop Delivery System.--
(1) In general.--There shall be established in each local
area in a State that receives an allotment under section 132(b)
a one-stop delivery system, which shall--
(A) provide the career services described in section
134(c)(2);
(B) provide access to training services as described
in section 134(c)(3), including serving as the point of
access to training services for participants in
accordance with section 134(c)(3)(G);
(C) provide access to the employment and training
activities carried out under section 134(d), if any;
(D) provide access to programs and activities
carried out by one-stop partners described in subsection
(b); and
(E) provide access to the data, information, and
analysis described in section 15(a) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(a)) and all job search, placement,
recruitment, and other labor exchange services
authorized under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.).
(2) One-stop delivery.--The one-stop delivery system--
[[Page 128 STAT. 1486]]
(A) at a minimum, shall make each of the programs,
services, and activities described in paragraph (1)
accessible at not less than 1 physical center in each
local area of the State; and
(B) may also make programs, services, and activities
described in paragraph (1) available--
(i) through a network of affiliated sites that
can provide 1 or more of the programs, services,
and activities to individuals; and
(ii) through a network of eligible one-stop
partners--
(I) in which each partner provides 1
or more of the programs, services, and
activities to such individuals and is
accessible at an affiliated site that
consists of a physical location or an
electronically or technologically linked
access point; and
(II) that assures individuals that
information on the availability of the
career services will be available
regardless of where the individuals
initially enter the statewide workforce
development system, including
information made available through an
access point described in subclause (I);
(C) may have specialized centers to address special
needs, such as the needs of dislocated workers, youth,
or key industry sectors or clusters; and
(D) as applicable and practicable, shall make
programs, services, and activities accessible to
individuals through electronic means in a manner that
improves efficiency, coordination, and quality in the
delivery of one-stop partner services.
(3) Colocation of wagner-peyser services.--Consistent with
section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)), and in
order to improve service delivery, avoid duplication of
services, and enhance coordination of services, including
location of staff to ensure access to services in underserved
areas, the employment service offices in each State shall be
colocated with one-stop centers established under this title.
(4) Use of common one-stop delivery system identifier.--In
addition to using any State or locally developed identifier,
each one-stop delivery system shall include in the
identification of products, programs, activities, services,
facilities, and related property and materials, a common one-
stop delivery system
identifier. <<NOTE: Consultation. Deadline.>> The identifier
shall be developed by the Secretary, in consultation with heads
of other appropriate departments and agencies, and
representatives of State boards and local boards and of other
stakeholders in the one-stop delivery system, not later than the
beginning of the second full program year after the date of
enactment of this Act. Such common identifier may consist of a
logo, phrase, or other identifier that informs users of the one-
stop delivery system that such products, programs, activities,
services, facilities, property, or materials are being provided
through such system. Nothing in this paragraph shall be
construed to prohibit one-stop partners, States, or local areas
from having additional identifiers.
(f) Application to Certain Vocational Rehabilitation Programs.--
[[Page 128 STAT. 1487]]
(1) Limitation.--Nothing in this section shall be construed
to apply to part C of title I of the Rehabilitation Act of 1973
(29 U.S.C. 741).
(2) Client assistance.--Nothing in this Act shall be
construed to require that any entity carrying out a client
assistance program authorized under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732)--
(A) be included as a mandatory one-stop partner
under subsection (b)(1); or
(B) if the entity is included as an additional one-
stop partner under subsection (b)(2)--
(i) violate the requirement of section
112(c)(1)(A) of that Act (29 U.S.C. 732(c)(1)(A))
that the entity be independent of any agency that
provides treatment, services, or rehabilitation to
individuals under that Act; or
(ii) carry out any activity not authorized
under section 112 of that Act (including
appropriate Federal regulations).
(g) Certification and Continuous Improvement of One-stop Centers.--
(1) <<NOTE: Consultation. Criteria. Procedures. Assessment. Time
period.>> In general.--In order to be eligible to receive
infrastructure funding described in subsection (h), the State
board, in consultation with chief elected officials and local
boards, shall establish objective criteria and procedures for
use by local boards in assessing at least once every 3 years the
effectiveness, physical and programmatic accessibility in
accordance with section 188, if applicable, and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and
continuous improvement of one-stop centers and the one-stop
delivery system, consistent with the requirements of section
101(d)(6).
(2) Criteria.--The criteria and procedures developed under
this subsection shall include standards relating to service
coordination achieved by the one-stop delivery system with
respect to the programs administered by the one-stop partners at
the one-stop centers. Such criteria and procedures shall--
(A) <<NOTE: Consultation.>> be developed in a
manner that is consistent with the guidelines, guidance,
and policies provided by the Governor and by the State
board, in consultation with the chief elected officials
and local boards, for such partners' participation under
subsections (h)(1) and (i); and
(B) include such factors relating to the
effectiveness, accessibility, and improvement of the
one-stop delivery system as the State board determines
to be appropriate, including at a minimum how well the
one-stop center--
(i) supports the achievement of the negotiated
local levels of performance for the indicators of
performance described in section 116(b)(2) for the
local area;
(ii) integrates available services; and
(iii) meets the workforce development and
employment needs of local employers and
participants.
(3) Local criteria.--Consistent with the criteria developed
under paragraph (1) by the State, a local board in the State may
develop additional criteria (or higher levels of service
coordination than required for the State-developed criteria)
relating to service coordination achieved by the one-stop
[[Page 128 STAT. 1488]]
delivery system, for purposes of assessments described in
paragraph (1), in order to respond to labor market, economic,
and demographic, conditions and trends in the local area.
(4) Effect of certification.--One-stop centers certified
under this subsection shall be eligible to receive the
infrastructure funding described in subsection (h).
(5) Review and update.--The criteria and procedures
established under this subsection shall be reviewed and updated
by the State board or the local board, as the case may be, as
part of the biennial process for review and modification of
State and local plans described in sections 102(c)(2) and
108(a).
(h) Funding of One-stop Infrastructure.--
(1) In general.--
(A) Options for infrastructure funding.--
(i) Local options.--The local board, chief
elected officials, and one-stop partners described
in subsection (b)(1) in a local area may fund the
costs of infrastructure of one-stop centers in the
local area through--
(I) methods agreed on by the local
board, chief elected officials, and one-
stop partners (and described in the
memorandum of understanding described in
subsection (c)); or
(II) if no consensus agreement on
methods is reached under subclause (I),
the State infrastructure funding
mechanism described in paragraph (2).
(ii) Failure to reach consensus agreement on
funding methods.--Beginning July <<NOTE: Effective
date. Applicability.>> 1, 2016, if the local
board, chief elected officials, and one-stop
partners described in subsection (b)(1) in a local
area fail to reach consensus agreement on methods
of sufficiently funding the costs of
infrastructure of one-stop centers for a program
year, the State infrastructure funding mechanism
described in paragraph (2) shall be applicable to
such local area for that program year and for each
subsequent program year for which those entities
and individuals fail to reach such agreement.
(B) <<NOTE: Consultation.>> Guidance for
infrastructure funding.--In addition to carrying out the
requirements relating to the State infrastructure
funding mechanism described in paragraph (2), the
Governor, after consultation with chief elected
officials, local boards, and the State board, and
consistent with the guidance and policies provided by
the State board under subparagraphs (B) and (C)(i) of
section 101(d)(7), shall provide, for the use of local
areas under subparagraph (A)(i)(I)--
(i) guidelines for State-administered one-stop
partner programs, for determining such programs'
contributions to a one-stop delivery system, based
on such programs' proportionate use of such system
consistent with chapter II of title 2, Code of
Federal Regulations (or any corresponding similar
regulation or ruling), including determining
funding for the costs of infrastructure, which
contributions shall be negotiated pursuant to the
memorandum of understanding under subsection (c);
and
[[Page 128 STAT. 1489]]
(ii) guidance to assist local boards, chief
elected officials, and one-stop partners in local
areas in determining equitable and stable methods
of funding the costs of infrastructure of one-stop
centers in such areas.
(2) State one-stop infrastructure funding.--
(A) Definition.--In this paragraph, the term
``covered portion'', used with respect to funding for a
fiscal year for a program described in subsection
(b)(1), means a portion determined under subparagraph
(C) of the Federal funds provided to a State (including
local areas within the State) under the Federal law
authorizing that program described in subsection (b)(1)
for the fiscal year (taking into account the
availability of funding for purposes related to
infrastructure from philanthropic organizations, private
entities, or other alternative financing options).
(B) Partner contributions.--Subject to subparagraph
(D), for local areas in a State that are not covered by
paragraph (1)(A)(i)(I), the covered portions of funding
for a fiscal year shall be provided to the Governor from
the programs described in subsection (b)(1), to assist
in paying the costs of infrastructure of one-stop
centers in those local areas of the State not adequately
funded under the option described in paragraph
(1)(A)(i)(I).
(C) Determination of governor.--
(i) <<NOTE: Consultation.>> In general.--
Subject to clause (ii) and subparagraph (D), the
Governor, after consultation with chief elected
officials, local boards, and the State board,
shall determine the portion of funds to be
provided under subparagraph (B) by each one-stop
partner from each program described in
subparagraph (B). In making such determination for
the purpose of determining funding contributions,
for funding pursuant to clause (i)(II) or (ii) of
paragraph (1)(A) by each partner, the Governor
shall calculate amounts for the proportionate use
of the one-stop centers in the State, consistent
with chapter II of title 2, Code of Federal
Regulations (or any corresponding similar
regulation or ruling), taking into account the
costs of administration of the one-stop delivery
system for purposes not related to one-stop
centers, for each partner. The Governor shall
exclude from such determination of funds the
amounts for proportionate use of one-stop centers
attributable to the programs of one-stop partners
for those local areas of the State where the costs
of infrastructure of one-stop centers are funded
under the option described in paragraph
(1)(A)(i)(I). The Governor shall also take into
account the statutory requirements for each
partner program and the partner program's ability
to fulfill such requirements.
(ii) <<NOTE: Consultation.>> Special rule.--
In a State in which the State constitution or a
State statute places policymaking authority that
is independent of the authority of the Governor in
an entity or official with respect to the funds
provided for adult education and literacy
activities authorized under title II,
postsecondary career and technical education
activities authorized under the Carl D. Perkins
Career and Technical Education Act
[[Page 128 STAT. 1490]]
of 2006 (20 U.S.C. 2301 et seq.), or vocational
rehabilitation services offered under a provision
covered by section 3(13)(D), the determination
described in clause (i) with respect to the
programs authorized under that title, Act, or
provision shall be made by the chief officer of
the entity, or the official, with such authority
in consultation with the Governor.
(D) Limitations.--
(i) Provision from administrative funds.--
(I) In general.--Subject to
subclause (II), the funds provided under
this paragraph by each one-stop partner
shall be provided only from funds
available for the costs of
administration under the program
administered by such partner, and shall
be subject to the program's limitations
with respect to the portion of funds
under such program that may be used for
administration.
(II) Exceptions.--Nothing in this
clause shall be construed to apply to
the programs carried out under this
title, or under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et
seq.).
(ii) <<NOTE: Applicability.>> Cap on required
contributions.--For local areas in a State that
are not covered by paragraph (1)(A)(i)(I), the
following rules shall apply:
(I) Wia formula programs and
employment service.--The portion of
funds required to be contributed under
this paragraph from a program authorized
under chapter 2 or 3, or the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) shall
not exceed 3 percent of the amount of
Federal funds provided to carry out that
program in the State for a fiscal year.
(II) Other one-stop partners.--The
portion of funds required to be
contributed under this paragraph from a
program described in subsection (b)(1)
other than the programs described in
subclause (I) shall not exceed 1.5
percent of the amount of Federal funds
provided to carry out that program in
the State for a fiscal year.
(III) Vocational rehabilitation.--
Notwithstanding subclauses (I) and (II),
an entity administering a program
described in subsection (b)(1)(B)(iv)
shall not be required to provide from
that program, under this paragraph, a
portion that exceeds--
(aa) 0.75 percent of the
amount of Federal funds provided
to carry out such program in the
State for the second full
program year that begins after
the date of enactment of this
Act;
(bb) 1.0 percent of the
amount provided to carry out
such program in the State for
the third full program year that
begins after such date;
(cc) 1.25 percent of the
amount provided to carry out
such program in the State for
[[Page 128 STAT. 1491]]
the fourth full program year
that begins after such date; and
(dd) 1.5 percent of the
amount provided to carry out
such program in the State for
the fifth and each succeeding
full program year that begins
after such date.
(iii) Federal direct spending programs.--For
local areas in a State that are not covered by
paragraph (1)(A)(i)(I), an entity administering a
program funded with direct spending as defined in
section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as in
effect on February 15, 2014 (2 U.S.C. 900(c)(8))
shall not be required to provide, for purposes of
this paragraph, an amount in excess of the amount
determined under subparagraph (C)(i) to be
equivalent to the cost of the proportionate use of
the one-stop centers for the one-stop partner for
such program in the State.
(iv) Native american programs.--One-stop
partners for Native American programs established
under section 166 shall not be subject to the
provisions of this subsection (other than this
clause) or subsection (i). For purposes of
subsection (c)(2)(A)(ii)(II), the method for
determining the appropriate portion of funds to be
provided by such partners to pay for the costs of
infrastructure of a one-stop center shall be
determined as part of the development of the
memorandum of understanding under subsection (c)
for the one-stop center and shall be stated in the
memorandum.
(E) Appeal by one-stop partners.--The Governor shall
establish a process, described under section
102(b)(2)(D)(i)(IV), for a one-stop partner
administering a program described in subsection (b)(1)
to appeal a determination regarding the portion of funds
to be provided under this paragraph. Such a
determination may be appealed under the process on the
basis that such determination is inconsistent with the
requirements of this paragraph. Such process shall
ensure prompt resolution of the appeal in order to
ensure the funds are distributed in a timely manner,
consistent with the requirements of section 182(e).
(3) Allocation by governor.--
(A) In general.--From the funds provided under
paragraph (1), the Governor shall allocate the funds to
local areas described in subparagraph (B) in accordance
with the formula established under subparagraph (B) for
the purposes of assisting in paying the costs of
infrastructure of one-stop centers.
(B) Allocation formula.--The State board shall
develop a formula to be used by the Governor to allocate
the funds provided under paragraph (1) to local areas
not funding costs of infrastructure under the option
described in paragraph (1)(A)(i)(I). The formula shall
be based on factors including the number of one-stop
centers in a local area, the population served by such
centers, the services provided by such centers, and
other factors relating to
[[Page 128 STAT. 1492]]
the performance of such centers that the State board
determines are appropriate.
(4) <<NOTE: Definition.>> Costs of infrastructure.--In this
subsection, the term ``costs of infrastructure'', used with
respect to a one-stop center, means the nonpersonnel costs that
are necessary for the general operation of the one-stop center,
including the rental costs of the facilities, the costs of
utilities and maintenance, equipment (including assessment-
related products and assistive technology for individuals with
disabilities), and technology to facilitate access to the one-
stop center, including the center's planning and outreach
activities.
(i) Other Funds.--
(1) In general.--Subject to the memorandum of understanding
described in subsection (c) for the one-stop delivery system
involved, in addition to the funds provided to carry out
subsection (h), a portion of funds made available under Federal
law authorizing the programs described in subsection (b) and
administered by one-stop partners, or the noncash resources
available under such programs, shall be used to pay the
additional costs relating to the operation of the one-stop
delivery system that are not paid from the funds provided under
subsection (h), as determined in accordance with paragraph (3),
to the extent not inconsistent with the Federal law involved.
Such costs shall include the costs of the provision of career
services described in section 134(c)(2) applicable to each
program and may include common costs that are not paid from the
funds provided under subsection (h).
(2) Shared services.--The costs described under paragraph
(1) may include costs of services that are authorized for and
may be commonly provided through the one-stop partner programs
to any individual, such as initial intake, assessment of needs,
appraisal of basic skills, identification of appropriate
services to meet such needs, referrals to other one-stop
partners, and other similar services.
(3) Determination and guidance.--The method for determining
the appropriate portion of funds and noncash resources to be
provided by the one-stop partner for each program under
paragraph (1) for a one-stop center shall be determined as part
of the development of the memorandum of understanding under
subsection (c) for the one-stop center and shall be stated in
the memorandum. The State board shall provide guidance to
facilitate the determination, for purposes of the memorandum of
understanding, of an appropriate allocation of the funds and
noncash resources in local areas, consistent with the
requirements of section 101(d)(6)(C).
SEC. 122. <<NOTE: 29 USC 3152.>> IDENTIFICATION OF ELIGIBLE
PROVIDERS OF TRAINING SERVICES.
(a) Eligibility.--
(1) <<NOTE: Consultation. Criteria. Requirements. Procedures.>>
In general.--Except as provided in subsection (h), the Governor,
after consultation with the State board, shall establish
criteria, information requirements, and procedures regarding the
eligibility of providers of training services to receive funds
provided under section 133(b) for the provision of training
services in local areas in the State.
[[Page 128 STAT. 1493]]
(2) Providers.--Subject to the provisions of this section,
to be eligible to receive those funds for the provision of
training services, the provider shall be--
(A) an institution of higher education that provides
a program that leads to a recognized postsecondary
credential;
(B) an entity that carries out programs registered
under the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); or
(C) another public or private provider of a program
of training services, which may include joint labor-
management organizations, and eligible providers of
adult education and literacy activities under title II
if such activities are provided in combination with
occupational skills training.
(3) <<NOTE: Compliance.>> Inclusion in list of eligible
providers.--A provider described in subparagraph (A) or (C) of
paragraph (2) shall comply with the criteria, information
requirements, and procedures established under this section to
be included on the list of eligible providers of training
services described in subsection (d). A provider described in
paragraph (2)(B) shall be included and maintained on the list of
eligible providers of training services described in subsection
(d) for so long as the corresponding program of the provider
remains registered as described in paragraph (2)(B).
(b) Criteria and Information Requirements.--
(1) State criteria.--In establishing criteria pursuant to
subsection (a), the Governor shall take into account each of the
following:
(A) The performance of providers of training
services with respect to--
(i) the performance accountability measures
and other matters for which information is
required under paragraph (2); and
(ii) other appropriate measures of performance
outcomes determined by the Governor for those
participants receiving training services under
this subtitle (taking into consideration the
characteristics of the population served and
relevant economic conditions), and the outcomes of
the program through which those training services
were provided for students in general with respect
to employment and earnings as defined under
section 116(b)(2).
(B) The need to ensure access to training services
throughout the State, including in rural areas, and
through the use of technology.
(C) Information reported to State agencies with
respect to Federal and State programs involving training
services (other than the program carried out under this
subtitle), including one-stop partner programs.
(D) The degree to which the training programs of
such providers relate to in-demand industry sectors and
occupations in the State.
(E) The requirements for State licensing of
providers of training services, and the licensing status
of providers of training services if applicable.
[[Page 128 STAT. 1494]]
(F) Ways in which the criteria can encourage, to the
extent practicable, the providers to use industry-
recognized certificates or certifications.
(G) The ability of the providers to offer programs
that lead to recognized postsecondary credentials.
(H) The quality of a program of training services,
including a program of training services that leads to a
recognized postsecondary credential.
(I) The ability of the providers to provide training
services to individuals who are employed and individuals
with barriers to employment.
(J) Such other factors as the Governor determines
are appropriate to ensure--
(i) the accountability of the providers;
(ii) that the one-stop centers in the State
will ensure that such providers meet the needs of
local employers and participants;
(iii) the informed choice of participants
among training services providers; and
(iv) that the collection of information
required to demonstrate compliance with the
criteria is not unduly burdensome or costly to
providers.
(2) State information requirements.--The information
requirements established by the Governor shall require that a
provider of training services submit appropriate, accurate, and
timely information to the State, to enable the State to carry
out subsection (d), with respect to participants receiving
training services under this subtitle in the applicable program,
including--
(A) information on the performance of the provider
with respect to the performance accountability measures
described in section 116 for such participants (taking
into consideration the characteristics of the population
served and relevant economic conditions), and
information specifying the percentage of such
participants who entered unsubsidized employment in an
occupation related to the program, to the extent
practicable;
(B) information on recognized postsecondary
credentials received by such participants;
(C) information on cost of attendance, including
costs of tuition and fees, for participants in the
program;
(D) information on the program completion rate for
such participants; and
(E) information on the criteria described in
paragraph (1).
(3) Local criteria and information requirements.--A local
board in the State may establish criteria and information
requirements in addition to the criteria and information
requirements established by the Governor, or may require higher
levels of performance than required for the criteria established
by the Governor, for purposes of determining the eligibility of
providers of training services to receive funds described in
subsection (a) for the provision of training services in the
local area involved.
(4) Criteria and information requirements to establish
initial eligibility.--
[[Page 128 STAT. 1495]]
(A) Purpose.--The purpose of this paragraph is to
enable the providers of programs carried out under
chapter 3 to offer the highest quality training services
and be responsive to in-demand and emerging industries
by providing training services for those industries.
(B) Initial eligibility.--Providers may seek initial
eligibility under this paragraph as providers of
training services and may receive that initial
eligibility for only 1 fiscal year for a particular
program. The criteria and information requirements
established by the Governor under this paragraph shall
require that a provider who has not previously been an
eligible provider of training services under this
section (or section 122 of the Workforce Investment Act
of 1998, as in effect on the day before the date of
enactment of this Act) provide the information described
in subparagraph (C).
(C) Information.--The provider shall provide
verifiable program-specific performance information
based on criteria established by the State as described
in subparagraph (D) that supports the provider's ability
to serve participants under this subtitle.
(D) Criteria.--The criteria described in
subparagraph (C) shall include at least--
(i) a factor related to indicators described
in section 116;
(ii) a factor concerning whether the provider
is in a partnership with business;
(iii) other factors that indicate high-quality
training services, including the factor described
in paragraph (1)(H); and
(iv) a factor concerning alignment of the
training services with in-demand industry sectors
and occupations, to the extent practicable.
(E) Provision.--The provider shall provide the
information described in subparagraph (C) to the
Governor and the local board in a manner that will
permit the Governor and the local board to make a
decision on inclusion of the provider on the list of
eligible providers described in subsection (d).
(F) Limitation.--A provider that receives initial
eligibility under this paragraph for a program shall be
subject to the requirements under subsection (c) for
that program after such initial eligibility expires.
(c) Procedures.--
(1) Application procedures.--The procedures established
under subsection (a) shall identify the application process for
a provider of training services to become eligible to receive
funds provided under section 133(b) for the provision of
training services. The procedures shall identify the respective
roles of the State and local areas in receiving and reviewing
the applications and in making determinations of such
eligibility based on the criteria, information, and procedures
established under this section. The procedures shall also
establish a process for a provider of training services to
appeal a denial or termination of eligibility under this section
that includes an opportunity for a hearing and prescribes
appropriate time limits to ensure prompt resolution of the
appeal.
[[Page 128 STAT. 1496]]
(2) Renewal procedures.--The procedures established by the
Governor shall also provide for biennial review and renewal of
eligibility under this section for providers of training
services.
(d) List and Information to Assist Participants in Choosing
Providers.--
(1) In general.--In order to facilitate and assist
participants in choosing employment and training activities and
in choosing providers of training services, the Governor shall
ensure that an appropriate list of providers determined to be
eligible under this section to offer a program in the State
(and, as appropriate, in a local area), accompanied by
information identifying the recognized postsecondary credential
offered by the provider and other appropriate information, is
prepared. The list shall be provided to the local boards in the
State, and made available to such participants and to members of
the public through the one-stop delivery system in the State.
(2) Accompanying information.--The accompanying information
shall--
(A) with respect to providers described in
subparagraphs (A) and (C) of subsection (a)(2), consist
of information provided by such providers, disaggregated
by local areas served, as applicable, in accordance with
subsection (b);
(B) with respect to providers described in
subsection (b)(4), consist of information provided by
such providers in accordance with subsection (b)(4); and
(C) such other information as the Governor
determines to be appropriate.
(3) <<NOTE: Public information.>> Availability.--The list
and the accompanying information shall be made available to such
participants and to members of the public through the one-stop
delivery system in the State, in a manner that does not reveal
personally identifiable information about an individual
participant.
(4) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including a Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the parent or student in
compliance with section 444 of the General Education Provisions
Act (20 U.S.C. 1232g).
(e) <<NOTE: Recommenda- tions.>> Opportunity to Submit Comments.--
In establishing, under this section, criteria, information requirements,
procedures, and the list of eligible providers described in subsection
(d), the Governor shall provide an opportunity for interested members of
the public to make recommendations and submit comments regarding such
criteria, information requirements, procedures, and list.
(f) Enforcement.--
(1) <<NOTE: Determination. Termination. Time period.>> In
general.--The procedures established under this section shall
provide the following:
(A) Intentionally supplying inaccurate
information.--Upon a determination, by an individual or
entity specified in the procedures, that a provider of
training services, or individual providing information
on behalf of the provider, violated this section (or
section 122 of the Workforce Investment Act of 1998, as
in effect on the
[[Page 128 STAT. 1497]]
day before the date of enactment of this Act) by
intentionally supplying inaccurate information under
this section, the eligibility of such provider to
receive funds under chapter 3 shall be terminated for a
period of time that is not less than 2 years.
(B) Substantial violations.--Upon a determination,
by an individual or entity specified in the procedures,
that a provider of training services substantially
violated any requirement under this title (or title I of
the Workforce Investment Act of 1998, as in effect on
the day before such date of enactment), the eligibility
of such provider to receive funds under chapter 3 for
the program involved shall be terminated for a period of
not less than 2 years.
(C) Repayment.--A provider of training services
whose eligibility is terminated under subparagraph (A)
or (B) shall be liable for the repayment of funds
received under chapter 5 of subtitle B of title I of the
Workforce Investment Act of 1998, as in effect on the
day before such date of enactment, or chapter 3 of this
subtitle during a period of violation described in such
subparagraph.
(2) Construction.--Paragraph (1) shall be construed to
provide remedies and penalties that supplement, but shall not
supplant, civil and criminal remedies and penalties specified in
other provisions of law.
(g) Agreements With Other States.--States may enter into agreements,
on a reciprocal basis, to permit eligible providers of training services
to accept individual training accounts provided in another State.
(h) On-the-job Training, Customized Training, Incumbent Worker
Training, and Other Training Exceptions.--
(1) In general.--Providers of on-the-job training,
customized training, incumbent worker training, internships, and
paid or unpaid work experience opportunities, or transitional
employment shall not be subject to the requirements of
subsections (a) through (f).
(2) Collection and dissemination of information.--A one-stop
operator in a local area shall collect such performance
information from providers of on-the-job training, customized
training, incumbent worker training, internships, paid or unpaid
work experience opportunities, and transitional employment as
the Governor may require, and use the information to determine
whether the providers meet such performance criteria as the
Governor may require. The one-stop operator shall disseminate
information identifying such providers that meet the criteria as
eligible providers, and the performance information, through the
one-stop delivery system. Providers determined to meet the
criteria shall be considered to be identified as eligible
providers of training services.
(i) <<NOTE: Deadline. Termination date.>> Transition Period for
Implementation.--The Governor and local boards shall implement the
requirements of this section not later than 12 months after the date of
enactment of this Act. In order to facilitate early implementation of
this section, the Governor may establish transition procedures under
which providers eligible to provide training services under chapter 5 of
subtitle B of title I of the Workforce Investment Act of 1998, as such
chapter was in effect on the day before the date of enactment of this
Act, may continue to be eligible to provide such services
[[Page 128 STAT. 1498]]
until December 31, 2015, or until such earlier date as the Governor
determines to be appropriate.
SEC. 123. <<NOTE: 29 USC 3153.>> ELIGIBLE PROVIDERS OF YOUTH
WORKFORCE INVESTMENT ACTIVITIES.
(a) <<NOTE: Grants. Contracts.>> In General.--From the funds
allocated under section 128(b) to a local area, the local board for such
area shall award grants or contracts on a competitive basis to providers
of youth workforce investment activities identified based on the
criteria in the State plan (including such quality criteria as the
Governor shall establish for a training program that leads to a
recognized postsecondary credential), and taking into consideration the
ability of the providers to meet performance accountability measures
based on primary indicators of performance for the youth program as
described in section 116(b)(2)(A)(ii), as described in section
102(b)(2)(D)(i)(V), and shall conduct oversight with respect to such
providers.
(b) <<NOTE: Determination.>> Exceptions.--A local board may award
grants or contracts on a sole-source basis if such board determines
there is an insufficient number of eligible providers of youth workforce
investment activities in the local area involved (such as a rural area)
for grants and contracts to be awarded on a competitive basis under
subsection (a).
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 126. <<NOTE: Grants. 29 USC 3161.>> GENERAL AUTHORIZATION.
The Secretary shall make an allotment under section 127(b)(1)(C) to
each State that meets the requirements of section 102 or 103 and a grant
under section 127(b)(1)(B) to each outlying area that complies with the
requirements of this title, to assist the State or outlying area, and to
enable the State or outlying area to assist local areas, for the purpose
of providing workforce investment activities for eligible youth in the
State or outlying area and in the local areas.
SEC. 127. <<NOTE: 29 USC 3162.>> STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) for each fiscal year for which the amount appropriated
under section 136(a) exceeds $925,000,000, reserve 4 percent of
the excess amount to provide youth workforce investment
activities under section 167 (relating to migrant and seasonal
farmworkers); and
(2) use the remainder of the amount appropriated under
section 136(a) for a fiscal year to make allotments and grants
in accordance with subsection (b).
(b) Allotment Among States.--
(1) Youth workforce investment activities.--
(A) Native americans.--From the amount appropriated
under section 136(a) for a fiscal year that is not
reserved under subsection (a)(1), the Secretary shall
reserve not more than 1\1/2\ percent of such amount to
provide youth workforce investment activities under
section 166 (relating to Native Americans).
(B) Outlying areas.--
(i) In general.--From the amount appropriated
under section 136(a) for each fiscal year that is
not reserved under subsection (a)(1) and
subparagraph (A),
[[Page 128 STAT. 1499]]
the Secretary shall reserve not more than \1/4\ of
1 percent of such amount to provide assistance to
the outlying areas to carry out youth workforce
investment activities and statewide workforce
investment activities.
(ii) Limitation for outlying areas.--
(I) Competitive grants.--The
Secretary shall use funds reserved under
clause (i) to award grants to outlying
areas to carry out youth workforce
investment activities and statewide
workforce investment activities.
(II) Award basis.--The Secretary
shall award grants pursuant to subclause
(I) on a competitive basis and pursuant
to the recommendations of experts in the
field of employment and training,
working through the Pacific Region
Educational Laboratory in Honolulu,
Hawaii.
(III) Administrative costs.--The
Secretary may provide not more than 5
percent of the funds made available for
grants under subclause (I) to pay the
administrative costs of the Pacific
Region Educational Laboratory in
Honolulu, Hawaii, regarding activities
assisted under this clause.
(iii) Additional requirement.--The provisions
of section 501 of Public Law 95-134 (48 U.S.C.
1469a), permitting the consolidation of grants by
the outlying areas, shall not apply to assistance
provided to those areas, including Palau, under
this subparagraph.
(C) States.--
(i) In general.--From the remainder of the
amount appropriated under section 136(a) for a
fiscal year that exists after the Secretary
determines the amounts to be reserved under
subsection (a)(1) and subparagraphs (A) and (B),
the Secretary shall make allotments to the States
in accordance with clause (ii) for youth workforce
investment activities and statewide workforce
investment activities.
(ii) Formula.--Subject to clauses (iii) and
(iv), of the remainder--
(I) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
areas of substantial unemployment in
each State, compared to the total number
of unemployed individuals in areas of
substantial unemployment in all States;
(II) 33\1/3\ percent shall be
allotted on the basis of the relative
excess number of unemployed individuals
in each State, compared to the total
excess number of unemployed individuals
in all States; and
(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of disadvantaged youth in each
State, compared to the total number of
disadvantaged youth in all States,
except as described in clause (iii).
(iii) Calculation.--In determining an
allotment under clause (ii)(III) for any State in
which there is
[[Page 128 STAT. 1500]]
an area that was designated as a local area as
described in section 107(c)(1)(C), the allotment
shall be based on the higher of--
(I) the number of individuals who
are age 16 through 21 in families with
an income below the low-income level in
such area; or
(II) the number of disadvantaged
youth in such area.
(iv) Minimum and maximum percentages and
minimum allotments.--In making allotments under
this subparagraph, the Secretary shall ensure the
following:
(I) Minimum percentage and
allotment.--Subject to subclause (IV),
the Secretary shall ensure that no State
shall receive an allotment for a fiscal
year that is less than the greater of--
(aa) an amount based on 90
percent of the allotment
percentage of the State for the
preceding fiscal year; or
(bb) 100 percent of the
allotments of the State under
section 127(b)(1)(C) of the
Workforce Investment Act of 1998
(as in effect on the day before
the date of enactment of this
Act) for fiscal year 2014.
(II) Small state minimum
allotment.--Subject to subclauses (I),
(III), and (IV), the Secretary shall
ensure that no State shall receive an
allotment under this subparagraph that
is less than the total of--
(aa) \3/10\ of 1 percent of
$1,000,000,000 of the remainder
described in clause (i) for the
fiscal year; and
(bb) if the remainder
described in clause (i) for the
fiscal year exceeds
$1,000,000,000, \2/5\ of 1
percent of the excess.
(III) Maximum percentage.--Subject
to subclause (I), the Secretary shall
ensure that no State shall receive an
allotment percentage for a fiscal year
that is more than 130 percent of the
allotment percentage of the State for
the preceding fiscal year.
(IV) Minimum funding.--In any fiscal
year in which the remainder described in
clause (i) does not exceed
$1,000,000,000, the minimum allotments
under subclauses (I) and (II) shall be
calculated by the methodology specified
in section 127(b)(1)(C)(iv)(IV) of the
Workforce Investment Act of 1998 (as in
effect on the day before the date of
enactment of this Act).
(2) Definitions.--For the purpose of the formula specified
in paragraph (1)(C):
(A) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the
remainder described in paragraph (1)(C)(i) that is
received through an allotment made under paragraph
(1)(C) for the fiscal year. The term, used with respect
to fiscal year
[[Page 128 STAT. 1501]]
2014, means the percentage of the amount allotted to
States under section 127(b)(1)(C) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act) that is received
under such section by the State involved for fiscal year
2014.
(B) Area of substantial unemployment.--The term
``area of substantial unemployment'' means any area that
is of sufficient size and scope to sustain a program of
workforce investment activities carried out under this
subtitle and that has an average rate of unemployment of
at least 6.5 percent for the most recent 12 months, as
determined by the Secretary. For purposes of this
subparagraph, determinations of areas of substantial
unemployment shall be made once each fiscal year.
(C) Disadvantaged youth.--Subject to paragraph (3),
the term ``disadvantaged youth'' means an individual who
is age 16 through 21 who received an income, or is a
member of a family that received a total family income,
that, in relation to family size, does not exceed the
higher of--
(i) the poverty line; or
(ii) 70 percent of the lower living standard
income level.
(D) Excess number.--The term ``excess number''
means, used with respect to the excess number of
unemployed individuals within a State, the higher of--
(i) the number that represents the number of
unemployed individuals in excess of 4.5 percent of
the civilian labor force in the State; or
(ii) the number that represents the number of
unemployed individuals in excess of 4.5 percent of
the civilian labor force in areas of substantial
unemployment in such State.
(E) Low-income level.--The term ``low-income level''
means $7,000 with respect to income in 1969, and for any
later year means that amount that bears the same
relationship to $7,000 as the Consumer Price Index for
that year bears to the Consumer Price Index for 1969,
rounded to the nearest $1,000.
(3) Special rule.--For the purpose of the formula specified
in paragraph (1)(C), the Secretary shall, as appropriate and to
the extent practicable, exclude college students and members of
the Armed Forces from the determination of the number of
disadvantaged youth.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this section
or a corresponding provision of the Workforce Investment Act of
1998 for youth workforce investment activities and statewide
workforce investment activities (referred to individually in
this subsection as a ``State allotment'') and that are available
for reallotment.
(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance of the State allotment, at the end of the program year
prior to the program year for which the determination
[[Page 128 STAT. 1502]]
under this paragraph is made, exceeds 20 percent of such
allotment for the prior program year.
(3) Reallotment.--In making reallotments to eligible States
of amounts available pursuant to paragraph (2) for a program
year, the Secretary shall allot to each eligible State an amount
based on the relative amount of the State allotment for the
program year for which the determination is made, as compared to
the total amount of the State allotments for all eligible States
for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means a State that does not have an amount
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within the
State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor
shall further prescribe equitable procedures for making funds
available from the State and local areas in the event that a
State is required to make funds available for reallotment under
this subsection.
SEC. 128. <<NOTE: 29 USC 3163.>> WITHIN STATE ALLOCATIONS.
(a) Reservations for Statewide Activities.--
(1) In general.--The Governor shall reserve not more than 15
percent of each of the amounts allotted to the State under
section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section
132(b) for a fiscal year for statewide workforce investment
activities.
(2) Use of funds.--Regardless of whether the reserved
amounts were allotted under section 127(b)(1)(C), or under
paragraph (1)(B) or (2)(B) of section 132(b), the Governor may
use the reserved amounts to carry out statewide activities under
section 129(b) or statewide employment and training activities,
for adults or dislocated workers, under section 134(a).
(b) Within State Allocations.--
(1) <<NOTE: Consulting.>> Methods.--The Governor, acting in
accordance with the State plan, and after consulting with chief
elected officials and local boards in the local areas, shall
allocate the funds that are allotted to the State for youth
activities and statewide workforce investment activities under
section 127(b)(1)(C) and are not reserved under subsection (a),
in accordance with paragraph (2) or (3).
(2) Formula allocation.--
(A) Youth activities.--
(i) Allocation.--In allocating the funds
described in paragraph (1) to local areas, a State
may allocate--
(I) 33\1/3\ percent of the funds on
the basis described in section
127(b)(1)(C)(ii)(I);
(II) 33\1/3\ percent of the funds on
the basis described in section
127(b)(1)(C)(ii)(II); and
(III) 33\1/3\ percent of the funds
on the basis described in clauses
(ii)(III) and (iii) of section
127(b)(1)(C).
(ii) Minimum percentage.--The local area shall
not receive an allocation percentage for a fiscal
year that is less than 90 percent of the average
allocation
[[Page 128 STAT. 1503]]
percentage of the local area for the 2 preceding
fiscal years. Amounts necessary for increasing
such allocations to local areas to comply with the
preceding sentence shall be obtained by ratably
reducing the allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this subparagraph, the
term ``allocation percentage'', used with respect
to fiscal year 2015 or a subsequent fiscal year,
means a percentage of the funds referred to in
clause (i), received through an allocation made
under this subparagraph, for the fiscal year. The
term, used with respect to fiscal year 2013 or
2014, means a percentage of the funds referred to
in section 128(b)(1) of the Workforce Investment
Act of 1998 (as in effect on the day before the
date of enactment of this Act), received through
an allocation made under paragraph (2) or (3) of
section 128(b) of the Workforce Investment Act of
1998 (as so in effect), for the fiscal year 2013
or 2014, respectively.
(B) Application.--For purposes of carrying out
subparagraph (A)--
(i) references in section 127(b) to a State
shall be deemed to be references to a local area;
(ii) references in section 127(b) to all
States shall be deemed to be references to all
local areas in the State involved; and
(iii) except as described in clause (i),
references in section 127(b)(1) to the term
``excess number'' shall be considered to be
references to the term as defined in section
127(b)(2).
(3) Youth discretionary allocation.--In lieu of making the
allocation described in paragraph (2), in allocating the funds
described in paragraph (1) to local areas, a State may
distribute--
(A) a portion equal to not less than 70 percent of
the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis
of a formula that--
(i) incorporates additional factors (other
than the factors described in paragraph (2)(A))
relating to--
(I) excess youth poverty in urban,
rural, and suburban local areas; and
(II) excess unemployment above the
State average in urban, rural, and
suburban local areas; and
(ii) was developed by the State board and
approved by the Secretary as part of the State
plan.
(4) Local administrative cost limit.--
(A) In general.--Of the amount allocated to a local
area under this subsection and section 133(b) for a
fiscal year, not more than 10 percent of the amount may
be used by the local board involved for the
administrative costs of carrying out local workforce
investment activities under this chapter or chapter 3.
(B) Use of funds.--Funds made available for
administrative costs under subparagraph (A) may be used
for the
[[Page 128 STAT. 1504]]
administrative costs of any of the local workforce
investment activities described in this chapter or
chapter 3, regardless of whether the funds were
allocated under this subsection or section 133(b).
(c) Reallocation Among Local Areas.--
(1) <<NOTE: Consultation.>> In general.--The Governor may,
in accordance with this subsection and after consultation with
the State board, reallocate to eligible local areas within the
State amounts that are made available to local areas from
allocations made under this section or a corresponding provision
of the Workforce Investment Act of 1998 for youth workforce
investment activities (referred to individually in this
subsection as a ``local allocation'') and that are available for
reallocation.
(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program year
prior to the program year for which the determination under this
paragraph is made, exceeds 20 percent of such allocation for the
prior program year.
(3) Reallocation.--In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a
program year, the Governor shall allocate to each eligible local
area within the State an amount based on the relative amount of
the local allocation for the program year for which the
determination is made, as compared to the total amount of the
local allocations for all eligible local areas in the State for
such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means a local area that does not have an
amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2) is
made.
SEC. 129. <<NOTE: 29 USC 3164.>> USE OF FUNDS FOR YOUTH WORKFORCE
INVESTMENT ACTIVITIES.
(a) Youth Participant Eligibility.--
(1) <<NOTE: Definitions.>> Eligibility.--
(A) In general.--To be eligible to participate in
activities carried out under this chapter during any
program year an individual shall, at the time the
eligibility determination is made, be an out-of-school
youth or an in-school youth.
(B) Out-of-school youth.--In this title, the term
``out-of-school youth'' means an individual who is--
(i) not attending any school (as defined under
State law);
(ii) not younger than age 16 or older than age
24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age
of compulsory school attendance, but has
not attended school for at least the
most recent complete school year
calendar quarter.
(III) A recipient of a secondary
school diploma or its recognized
equivalent who is a low-income
individual and is--
[[Page 128 STAT. 1505]]
(aa) basic skills deficient;
or
(bb) an English language
learner.
(IV) An individual who is subject to
the juvenile or adult justice system.
(V) A homeless individual (as
defined in section 41403(6) of the
Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child
or youth (as defined in section 725(2)
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))), a
runaway, in foster care or has aged out
of the foster care system, a child
eligible for assistance under section
477 of the Social Security Act (42
U.S.C. 677), or in an out-of-home
placement.
(VI) An individual who is pregnant
or parenting.
(VII) A youth who is an individual
with a disability.
(VIII) A low-income individual who
requires additional assistance to enter
or complete an educational program or to
secure or hold employment.
(C) In-school youth.--In this section, the term
``in-school youth'' means an individual who is--
(i) attending school (as defined by State
law);
(ii) not younger than age 14 or (unless an
individual with a disability who is attending
school under State law) older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) A homeless individual (as
defined in section 41403(6) of the
Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child
or youth (as defined in section 725(2)
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))), a
runaway, in foster care or has aged out
of the foster care system, a child
eligible for assistance under section
477 of the Social Security Act (42
U.S.C. 677), or in an out-of-home
placement.
(V) Pregnant or parenting.
(VI) A youth who is an individual
with a disability.
(VII) An individual who requires
additional assistance to complete an
educational program or to secure or hold
employment.
(2) Special rule.--For the purpose of this subsection, the
term ``low-income'', used with respect to an individual, also
includes a youth living in a high-poverty area.
(3) Exception and limitation.--
(A) Exception for persons who are not low-income
individuals.--
(i) Definition.--In this subparagraph, the
term ``covered individual'' means an in-school
youth, or an
[[Page 128 STAT. 1506]]
out-of-school youth who is described in subclause
(III) or (VIII) of paragraph (1)(B)(iii).
(ii) Exception.--In each local area, not more
than 5 percent of the individuals assisted under
this section may be persons who would be covered
individuals, except that the persons are not low-
income individuals.
(B) Limitation.--In each local area, not more than 5
percent of the in-school youth assisted under this
section may be eligible under paragraph (1) because the
youth are in-school youth described in paragraph
(1)(C)(iv)(VII).
(4) Out-of-school priority.--
(A) In general.--For any program year, not less than
75 percent of the funds allotted under section
127(b)(1)(C), reserved under section 128(a), and
available for statewide activities under subsection (b),
and not less than 75 percent of funds available to local
areas under subsection (c), shall be used to provide
youth workforce investment activities for out-of-school
youth.
(B) Exception.--A State that receives a minimum
allotment under section 127(b)(1) in accordance with
section 127(b)(1)(C)(iv) or under section 132(b)(1) in
accordance with section 132(b)(1)(B)(iv) may decrease
the percentage described in subparagraph (A) to not less
than 50 percent for a local area in the State, if--
(i) after an analysis of the in-school youth
and out-of-school youth populations in the local
area, the State determines that the local area
will be unable to use at least 75 percent of the
funds available for activities under subsection
(c) to serve out-of-school youth due to a low
number of out-of-school youth; and
(ii)(I) the State submits to the Secretary,
for the local area, a request including a proposed
percentage decreased to not less than 50 percent
for purposes of subparagraph (A), and a summary of
the analysis described in clause (i); and
(II) the request is approved by the Secretary.
(5) Consistency with compulsory school attendance laws.--In
providing assistance under this section to an individual who is
required to attend school under applicable State compulsory
school attendance laws, the priority in providing such
assistance shall be for the individual to attend school
regularly.
(b) Statewide Activities.--
(1) Required statewide youth activities.--Funds reserved by
a Governor as described in sections 128(a) and 133(a)(1) shall
be used, regardless of whether the funds were allotted to the
State under section 127(b)(1)(C) or under paragraph (1)(B) or
(2)(B) of section 132(b) for statewide activities, which shall
include--
(A) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 3
in coordination with evaluations carried out by the
Secretary under section 169(a);
(B) disseminating a list of eligible providers of
youth workforce investment activities, as determined
under section 123;
[[Page 128 STAT. 1507]]
(C) providing assistance to local areas as described
in subsections (b)(6) and (c)(2) of section 106, for
local coordination of activities carried out under this
title;
(D) operating a fiscal and management accountability
information system under section 116(i);
(E) carrying out monitoring and oversight of
activities carried out under this chapter and chapter 3,
which may include a review comparing the services
provided to male and female youth; and
(F) providing additional assistance to local areas
that have high concentrations of eligible youth.
(2) Allowable statewide youth activities.--Funds reserved by
a Governor as described in sections 128(a) and 133(a)(1) may be
used, regardless of whether the funds were allotted to the State
under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B)
of section 132(b), for statewide activities, which may include--
(A) conducting--
(i) research related to meeting the education
and employment needs of eligible youth; and
(ii) demonstration projects related to meeting
the education and employment needs of eligible
youth;
(B) supporting the development of alternative,
evidence-based programs and other activities that
enhance the choices available to eligible youth and
encourage such youth to reenter and complete secondary
education, enroll in postsecondary education and
advanced training, progress through a career pathway,
and enter into unsubsidized employment that leads to
economic self-sufficiency;
(C) supporting the provision of career services
described in section 134(c)(2) in the one-stop delivery
system in the State;
(D) supporting financial literacy, including--
(i) supporting the ability of participants to
create household budgets, initiate savings plans,
and make informed financial decisions about
education, retirement, home ownership, wealth
building, or other savings goals;
(ii) supporting the ability to manage
spending, credit, and debt, including credit card
debt, effectively;
(iii) increasing awareness of the availability
and significance of credit reports and credit
scores in obtaining credit, including determining
their accuracy (and how to correct inaccuracies in
the reports and scores), and their effect on
credit terms;
(iv) supporting the ability to understand,
evaluate, and compare financial products,
services, and opportunities; and
(v) supporting activities that address the
particular financial literacy needs of non-English
speakers, including providing the support through
the development and distribution of multilingual
financial literacy and education materials; and
(E) providing technical assistance to, as
appropriate, local boards, chief elected officials, one-
stop operators, one-stop partners, and eligible
providers, in local areas, which
[[Page 128 STAT. 1508]]
provision of technical assistance shall include the
development and training of staff, the development of
exemplary program activities, the provision of technical
assistance to local areas that fail to meet local
performance accountability measures described in section
116(c), and the provision of technology to facilitate
remote access to services provided through the one-stop
delivery system in the State.
(3) Limitation.--Not more than 5 percent of the funds
allotted to a State under section 127(b)(1)(C) shall be used by
the State for administrative activities carried out under this
subsection or section 134(a).
(c) Local Elements and Requirements.--
(1) Program design.--Funds allocated to a local area for
eligible youth under section 128(b) shall be used to carry out,
for eligible youth, programs that--
(A) provide an objective assessment of the academic
levels, skill levels, and service needs of each
participant, which assessment shall include a review of
basic skills, occupational skills, prior work
experience, employability, interests, aptitudes
(including interests and aptitudes for nontraditional
jobs), supportive service needs, and developmental needs
of such participant, for the purpose of identifying
appropriate services and career pathways for
participants, except that a new assessment of a
participant is not required if the provider carrying out
such a program determines it is appropriate to use a
recent assessment of the participant conducted pursuant
to another education or training program;
(B) develop service strategies for each participant
that are directly linked to 1 or more of the indicators
of performance described in section 116(b)(2)(A)(ii),
and that shall identify career pathways that include
education and employment goals (including, in
appropriate circumstances, nontraditional employment),
appropriate achievement objectives, and appropriate
services for the participant taking into account the
assessment conducted pursuant to subparagraph (A),
except that a new service strategy for a participant is
not required if the provider carrying out such a program
determines it is appropriate to use a recent service
strategy developed for the participant under another
education or training program;
(C) provide--
(i) activities leading to the attainment of a
secondary school diploma or its recognized
equivalent, or a recognized postsecondary
credential;
(ii) preparation for postsecondary educational
and training opportunities;
(iii) strong linkages between academic
instruction (based on State academic content and
student academic achievement standards established
under section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311)) and
occupational education that lead to the attainment
of recognized postsecondary credentials;
(iv) preparation for unsubsidized employment
opportunities, in appropriate cases; and
[[Page 128 STAT. 1509]]
(v) effective connections to employers,
including small employers, in in-demand industry
sectors and occupations of the local and regional
labor markets; and
(D) at the discretion of the local board, implement
a pay-for-performance contract strategy for elements
described in paragraph (2), for which the local board
may reserve and use not more than 10 percent of the
total funds allocated to the local area under section
128(b).
(2) Program elements.--In order to support the attainment of
a secondary school diploma or its recognized equivalent, entry
into postsecondary education, and career readiness for
participants, the programs described in paragraph (1) shall
provide elements consisting of--
(A) tutoring, study skills training, instruction,
and evidence-based dropout prevention and recovery
strategies that lead to completion of the requirements
for a secondary school diploma or its recognized
equivalent (including a recognized certificate of
attendance or similar document for individuals with
disabilities) or for a recognized postsecondary
credential;
(B) alternative secondary school services, or
dropout recovery services, as appropriate;
(C) paid and unpaid work experiences that have as a
component academic and occupational education, which may
include--
(i) summer employment opportunities and other
employment opportunities available throughout the
school year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall include
priority consideration for training programs that lead
to recognized postsecondary credentials that are aligned
with in-demand industry sectors or occupations in the
local area involved, if the local board determines that
the programs meet the quality criteria described in
section 123;
(E) education offered concurrently with and in the
same context as workforce preparation activities and
training for a specific occupation or occupational
cluster;
(F) leadership development opportunities, which may
include community service and peer-centered activities
encouraging responsibility and other positive social and
civic behaviors, as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation
and a subsequent period, for a total of not less than 12
months;
(I) followup services for not less than 12 months
after the completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which may
include drug and alcohol abuse counseling and referral,
as appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
[[Page 128 STAT. 1510]]
(M) services that provide labor market and
employment information about in-demand industry sectors
or occupations available in the local area, such as
career awareness, career counseling, and career
exploration services; and
(N) activities that help youth prepare for and
transition to postsecondary education and training.
(3) Additional requirements.--
(A) Information and referrals.--Each local board
shall ensure that each participant shall be provided--
(i) information on the full array of
applicable or appropriate services that are
available through the local board or other
eligible providers or one-stop partners, including
those providers or partners receiving funds under
this subtitle; and
(ii) referral to appropriate training and
educational programs that have the capacity to
serve the participant either on a sequential or
concurrent basis.
(B) Applicants not meeting enrollment
requirements.--Each eligible provider of a program of
youth workforce investment activities shall ensure that
an eligible applicant who does not meet the enrollment
requirements of the particular program or who cannot be
served shall be referred for further assessment, as
necessary, and referred to appropriate programs in
accordance with subparagraph (A) to meet the basic
skills and training needs of the applicant.
(C) Involvement in design and implementation.--The
local board shall ensure that parents, participants, and
other members of the community with experience relating
to programs for youth are involved in the design and
implementation of the programs described in paragraph
(1).
(4) Priority.--Not less than 20 percent of the funds
allocated to the local area as described in paragraph (1) shall
be used to provide in-school youth and out-of-school youth with
activities under paragraph (2)(C).
(5) Rule of construction.--Nothing in this chapter shall be
construed to require that each of the elements described in
subparagraphs of paragraph (2) be offered by each provider of
youth services.
(6) Prohibitions.--
(A) Prohibition against federal control of
education.--No provision of this Act shall be construed
to authorize any department, agency, officer, or
employee of the United States to exercise any direction,
supervision, or control over the curriculum, program of
instruction, administration, or personnel of any
educational institution, school, or school system, or
over the selection of library resources, textbooks, or
other printed or published instructional materials by
any educational institution, school, or school system.
(B) Noninterference and nonreplacement of regular
academic requirements.--No funds described in paragraph
(1) shall be used to provide an activity for eligible
youth who are not school dropouts if participation in
the activity would interfere with or replace the regular
academic requirements of the youth.
[[Page 128 STAT. 1511]]
(7) Linkages.--In coordinating the programs authorized under
this section, local boards shall establish linkages with local
educational agencies responsible for services to participants as
appropriate.
(8) Volunteers.--The local board shall make opportunities
available for individuals who have successfully participated in
programs carried out under this section to volunteer assistance
to participants in the form of mentoring, tutoring, and other
activities.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 131. <<NOTE: 29 USC 3171.>> GENERAL AUTHORIZATION.
The Secretary shall make allotments under paragraphs (1)(B) and
(2)(B) of section 132(b) to each State that meets the requirements of
section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of
section 132(b) to each outlying area that complies with the requirements
of this title, to assist the State or outlying area, and to enable the
State or outlying area to assist local areas, for the purpose of
providing workforce investment activities for adults, and dislocated
workers, in the State or outlying area and in the local areas.
SEC. 132. <<NOTE: 29 USC 3172.>> STATE ALLOTMENTS.
(a) In General.--The Secretary shall--
(1) <<NOTE: Grants.>> make allotments and grants from the
amount appropriated under section 136(b) for a fiscal year in
accordance with subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated under
section 136(c) for the fiscal year for use under subsection
(b)(2)(A), and under sections 168(b) (relating to dislocated
worker technical assistance), 169(c) (relating to dislocated
worker projects), and 170 (relating to national dislocated
worker grants); and
(B) make allotments from 80 percent of the amount
appropriated under section 136(c) for the fiscal year in
accordance with subsection (b)(2)(B).
(b) Allotment Among States.--
(1) Adult employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made
available under subsection (a)(1) for a fiscal
year, the Secretary shall reserve not more than
\1/4\ of 1 percent of such amount to provide
assistance to the outlying areas.
(ii) Applicability of additional
requirements.--From the amount reserved under
clause (i), the Secretary shall provide assistance
to the outlying areas for adult employment and
training activities and statewide workforce
investment activities in accordance with the
requirements of section 127(b)(1)(B).
(B) States.--
(i) <<NOTE: Determination.>> In general.--
After determining the amount to be reserved under
subparagraph (A), the Secretary shall allot the
remainder of the amount made available under
subsection (a)(1) for that fiscal year to the
States pursuant to clause (ii) for adult
employment and
[[Page 128 STAT. 1512]]
training activities and statewide workforce
investment activities.
(ii) Formula.--Subject to clauses (iii) and
(iv), of the remainder--
(I) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
areas of substantial unemployment in
each State, compared to the total number
of unemployed individuals in areas of
substantial unemployment in all States;
(II) 33\1/3\ percent shall be
allotted on the basis of the relative
excess number of unemployed individuals
in each State, compared to the total
excess number of unemployed individuals
in all States; and
(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of disadvantaged adults in each
State, compared to the total number of
disadvantaged adults in all States,
except as described in clause (iii).
(iii) Calculation.--In determining an
allotment under clause (ii)(III) for any State in
which there is an area that was designated as a
local area as described in section 107(c)(1)(C),
the allotment shall be based on the higher of--
(I) the number of adults in families
with an income below the low-income
level in such area; or
(II) the number of disadvantaged
adults in such area.
(iv) Minimum and maximum percentages and
minimum allotments.--In making allotments under
this subparagraph, the Secretary shall ensure the
following:
(I) Minimum percentage and
allotment.--Subject to subclause (IV),
the Secretary shall ensure that no State
shall receive an allotment for a fiscal
year that is an amount based on 90
percent of the allotment percentage of
the State for the preceding fiscal year.
(II) Small state minimum
allotment.--Subject to subclauses (I),
(III), and (IV), the Secretary shall
ensure that no State shall receive an
allotment under this subparagraph that
is less than the total of--
(aa) \3/10\ of 1 percent of
$960,000,000 of the remainder
described in clause (i) for the
fiscal year; and
(bb) if the remainder
described in clause (i) for the
fiscal year exceeds
$960,000,000, \2/5\ of 1 percent
of the excess.
(III) Maximum percentage.--Subject
to subclause (I), the Secretary shall
ensure that no State shall receive an
allotment percentage for a fiscal year
that is more than 130 percent of the
allotment percentage of the State for
the preceding fiscal year.
[[Page 128 STAT. 1513]]
(IV) Minimum funding.--In any fiscal
year in which the remainder described in
clause (i) does not exceed $960,000,000,
the minimum allotments under subclauses
(I) and (II) shall be calculated by the
methodology specified in section
132(b)(1)(B)(iv)(IV) of the Workforce
Investment Act of 1998 (as in effect on
the day before the date of enactment of
this Act).
(v) Definitions.--For the purpose of the
formula specified in this subparagraph:
(I) Adult.--The term ``adult'' means
an individual who is not less than age
22 and not more than age 72.
(II) Allotment percentage.--The term
``allotment percentage'', used with
respect to fiscal year 2015 or a
subsequent fiscal year, means a
percentage of the remainder described in
clause (i) that is received through an
allotment made under this subparagraph
for the fiscal year. The term, used with
respect to fiscal year 2014, means the
percentage of the amount allotted to
States under section 132(b)(1)(B) of the
Workforce Investment Act of 1998 (as in
effect on the day before the date of
enactment of this Act) that is received
under such section by the State involved
for fiscal year 2014.
(III) Area of substantial
unemployment.--The term ``area of
substantial unemployment'' means any
area that is of sufficient size and
scope to sustain a program of workforce
investment activities carried out under
this subtitle and that has an average
rate of unemployment of at least 6.5
percent for the most recent 12 months,
as determined by the Secretary. For
purposes of this subclause,
determinations of areas of substantial
unemployment shall be made once each
fiscal year.
(IV) Disadvantaged adult.--Subject
to subclause (V), the term
``disadvantaged adult'' means an adult
who received an income, or is a member
of a family that received a total family
income, that, in relation to family
size, does not exceed the higher of--
(aa) the poverty line; or
(bb) 70 percent of the lower
living standard income level.
(V) Disadvantaged adult special
rule.--The Secretary shall, as
appropriate and to the extent
practicable, exclude college students
and members of the Armed Forces from the
determination of the number of
disadvantaged adults.
(VI) Excess number.--The term
``excess number'' means, used with
respect to the excess number of
unemployed individuals within a State,
the higher of--
(aa) the number that
represents the number of
unemployed individuals in excess
[[Page 128 STAT. 1514]]
of 4.5 percent of the civilian
labor force in the State; or
(bb) the number that
represents the number of
unemployed individuals in excess
of 4.5 percent of the civilian
labor force in areas of
substantial unemployment in such
State.
(VII) Low-income level.--The term
``low-income level'' means $7,000 with
respect to income in 1969, and for any
later year means that amount that bears
the same relationship to $7,000 as the
Consumer Price Index for that year bears
to the Consumer Price Index for 1969,
rounded to the nearest $1,000.
(2) Dislocated worker employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made
available under subsection (a)(2)(A) for a fiscal
year, the Secretary shall reserve not more than
\1/4\ of 1 percent of the amount appropriated
under section 136(c) for the fiscal year to
provide assistance to the outlying areas.
(ii) Applicability of additional
requirements.--From the amount reserved under
clause (i), the Secretary shall provide assistance
to the outlying areas for dislocated worker
employment and training activities and statewide
workforce investment activities in accordance with
the requirements of section 127(b)(1)(B).
(B) States.--
(i) In general.--The Secretary shall allot the
amount referred to in subsection (a)(2)(B) for a
fiscal year to the States pursuant to clause (ii)
for dislocated worker employment and training
activities and statewide workforce investment
activities.
(ii) Formula.--Subject to clause (iii), of the
amount--
(I) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in each
State, compared to the total number of
unemployed individuals in all States;
(II) 33\1/3\ percent shall be
allotted on the basis of the relative
excess number of unemployed individuals
in each State, compared to the total
excess number of unemployed individuals
in all States; and
(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of individuals in each State who
have been unemployed for 15 weeks or
more, compared to the total number of
individuals in all States who have been
unemployed for 15 weeks or more.
(iii) Minimum and maximum percentages and
minimum allotments.--In making allotments under
[[Page 128 STAT. 1515]]
this subparagraph, for fiscal year 2016 and each
subsequent fiscal year, the Secretary shall ensure
the following:
(I) Minimum percentage and
allotment.--The Secretary shall ensure
that no State shall receive an allotment
for a fiscal year that is an amount
based on 90 percent of the allotment
percentage of the State for the
preceding fiscal year.
(II) Maximum percentage.--Subject to
subclause (I), the Secretary shall
ensure that no State shall receive an
allotment percentage for a fiscal year
that is more than 130 percent of the
allotment percentage of the State for
the preceding fiscal year.
(iv) Definitions.--For the purpose of the
formula specified in this subparagraph:
(I) Allotment percentage.--The term
``allotment percentage'', used with
respect to fiscal year 2015 or a
subsequent fiscal year, means a
percentage of the amount described in
clause (i) that is received through an
allotment made under this subparagraph
for the fiscal year.
(II) Excess number.--The term
``excess number'' means, used with
respect to the excess number of
unemployed individuals within a State,
the number that represents the number of
unemployed individuals in excess of 4.5
percent of the civilian labor force in
the State.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this section
or a corresponding provision of the Workforce Investment Act of
1998 for employment and training activities and statewide
workforce investment activities (referred to individually in
this subsection as a ``State allotment'') and that are available
for reallotment.
(2) Amount.--The amount available for reallotment for a
program year for programs funded under subsection (b)(1)(B)
(relating to adult employment and training) or for programs
funded under subsection (b)(2)(B) (relating to dislocated worker
employment and training) is equal to the amount by which the
unobligated balance of the State allotments for adult employment
and training activities or dislocated worker employment and
training activities, respectively, at the end of the program
year prior to the program year for which the determination under
this paragraph is made, exceeds 20 percent of such allotments
for the prior program year.
(3) Reallotment.--In making reallotments to eligible States
of amounts available pursuant to paragraph (2) for a program
year, the Secretary shall allot to each eligible State an amount
based on the relative amount of the State allotment under
paragraph (1)(B) or (2)(B), respectively, of subsection (b) for
the program year for which the determination is made, as
compared to the total amount of the State allotments under
[[Page 128 STAT. 1516]]
paragraph (1)(B) or (2)(B), respectively, of subsection (b) for
all eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means--
(A) with respect to funds allotted through a State
allotment for adult employment and training activities,
a State that does not have an amount of such funds
available for reallotment under paragraph (2) for the
program year for which the determination under paragraph
(2) is made; and
(B) with respect to funds allotted through a State
allotment for dislocated worker employment and training
activities, a State that does not have an amount of such
funds available for reallotment under paragraph (2) for
the program year for which the determination under
paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within the
State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor
shall further prescribe equitable procedures for making funds
available from the State and local areas in the event that a
State is required to make funds available for reallotment under
this subsection.
SEC. 133. <<NOTE: 29 USC 3173.>> WITHIN STATE ALLOCATIONS.
(a) Reservations for State Activities.--
(1) Statewide workforce investment activities.--The Governor
shall make the reservation required under section 128(a).
(2) Statewide rapid response activities.--The Governor shall
reserve not more than 25 percent of the total amount allotted to
the State under section 132(b)(2)(B) for a fiscal year for
statewide rapid response activities described in section
134(a)(2)(A).
(b) Within State Allocation.--
(1) <<NOTE: Consultation.>> Methods.--The Governor, acting
in accordance with the State plan, and after consulting with
chief elected officials and local boards in the local areas,
shall allocate--
(A) the funds that are allotted to the State for
adult employment and training activities and statewide
workforce investment activities under section
132(b)(1)(B) and are not reserved under subsection
(a)(1), in accordance with paragraph (2) or (3); and
(B) the funds that are allotted to the State for
dislocated worker employment and training activities and
statewide workforce investment activities under section
132(b)(2)(B) and are not reserved under paragraph (1) or
(2) of subsection (a), in accordance with paragraph (2).
(2) Formula allocations.--
(A) Adult employment and training activities.--
(i) Allocation.--In allocating the funds
described in paragraph (1)(A) to local areas, a
State may allocate--
(I) 33\1/3\ percent of the funds on
the basis described in section
132(b)(1)(B)(ii)(I);
[[Page 128 STAT. 1517]]
(II) 33\1/3\ percent of the funds on
the basis described in section
132(b)(1)(B)(ii)(II); and
(III) 33\1/3\ percent of the funds
on the basis described in clauses
(ii)(III) and (iii) of section
132(b)(1)(B).
(ii) Minimum percentage.--The local area shall
not receive an allocation percentage for a fiscal
year that is less than 90 percent of the average
allocation percentage of the local area for the 2
preceding fiscal years. Amounts necessary for
increasing such allocations to local areas to
comply with the preceding sentence shall be
obtained by ratably reducing the allocations to be
made to other local areas under this subparagraph.
(iii) Definition.--In this subparagraph, the
term ``allocation percentage'', used with respect
to fiscal year 2015 or a subsequent fiscal year,
means a percentage of the funds referred to in
clause (i), received through an allocation made
under this subparagraph, for the fiscal year. The
term, used with respect to fiscal year 2013 or
2014, means a percentage of the amount allocated
to local areas under paragraphs (2)(A) and (3) of
section 133(b) of the Workforce Investment Act of
1998 (as in effect on the day before the date of
enactment of this Act), received through an
allocation made under paragraph (2)(A) or (3) of
that section for fiscal year 2013 or 2014,
respectively.
(B) Dislocated worker employment and training
activities.--
(i) Allocation.--In allocating the funds
described in paragraph (1)(B) to local areas, a
State shall allocate the funds based on an
allocation formula prescribed by the Governor of
the State. Such formula may be amended by the
Governor not more than once for each program year.
Such formula shall utilize the most appropriate
information available to the Governor to
distribute amounts to address the State's worker
readjustment assistance needs.
(ii) Information.--The information described
in clause (i) shall include insured unemployment
data, unemployment concentrations, plant closing
and mass layoff data, declining industries data,
farmer-rancher economic hardship data, and long-
term unemployment data.
(iii) Minimum percentage.--The local area
shall not receive an allocation percentage for
fiscal year 2016 or a subsequent fiscal year that
is less than 90 percent of the average allocation
percentage of the local area for the 2 preceding
fiscal years. Amounts necessary for increasing
such allocations to local areas to comply with the
preceding sentence shall be obtained by ratably
reducing the allocations to be made to other local
areas under this subparagraph.
(iv) Definition.--In this subparagraph, the
term ``allocation percentage'', used with respect
to fiscal year 2015 or a subsequent fiscal year,
means a percentage of the funds referred to in
clause (i), received through
[[Page 128 STAT. 1518]]
an allocation made under this subparagraph for the
fiscal year. The term, used with respect to fiscal
year 2014, means a percentage of the amount
allocated to local areas under section
133(b)(2)(B) of the Workforce Investment Act of
1998 (as in effect on the day before the date of
enactment of this Act), received through an
allocation made under that section for fiscal year
2014.
(C) Application.--For purposes of carrying out
subparagraph (A)--
(i) references in section 132(b) to a State
shall be deemed to be references to a local area;
(ii) references in section 132(b) to all
States shall be deemed to be references to all
local areas in the State involved; and
(iii) except as described in clause (i),
references in section 132(b)(1) to the term
``excess number'' shall be considered to be
references to the term as defined in section
132(b)(1).
(3) Adult employment and training discretionary
allocations.--In lieu of making the allocation described in
paragraph (2)(A), in allocating the funds described in paragraph
(1)(A) to local areas, a State may distribute--
(A) a portion equal to not less than 70 percent of
the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis
of a formula that--
(i) incorporates additional factors (other
than the factors described in paragraph (2)(A))
relating to--
(I) excess poverty in urban, rural,
and suburban local areas; and
(II) excess unemployment above the
State average in urban, rural, and
suburban local areas; and
(ii) was developed by the State board and
approved by the Secretary as part of the State
plan.
(4) Transfer authority.--A local board may transfer, if such
a transfer is approved by the Governor, up to and including 100
percent of the funds allocated to the local area under paragraph
(2)(A) or (3), and up to and including 100 percent of the funds
allocated to the local area under paragraph (2)(B), for a fiscal
year between--
(A) adult employment and training activities; and
(B) dislocated worker employment and training
activities.
(5) Allocation.--
(A) In general.--The Governor shall allocate the
funds described in paragraph (1) to local areas under
paragraphs (2) and (3) for the purpose of providing a
single system of employment and training activities for
adults and dislocated workers in accordance with
subsections (c) and (d) of section 134.
(B) Additional requirements.--
(i) Adults.--Funds allocated under paragraph
(2)(A) or (3) shall be used by a local area to
contribute to the costs of the one-stop delivery
system described in section 121(e) as determined
under section 121(h)
[[Page 128 STAT. 1519]]
and to pay for employment and training activities
provided to adults in the local area, consistent
with section 134.
(ii) Dislocated workers.--Funds allocated
under paragraph (2)(B) shall be used by a local
area to contribute to the costs of the one-stop
delivery system described in section 121(e) as
determined under section 121(h) and to pay for
employment and training activities provided to
dislocated workers in the local area, consistent
with section 134.
(c) Reallocation Among Local Areas.--
(1) <<NOTE: Consultation.>> In general.--The Governor may,
in accordance with this subsection and after consultation with
the State board, reallocate to eligible local areas within the
State amounts that are made available to local areas from
allocations made under paragraph (2)(A) or (3) of subsection (b)
or a corresponding provision of the Workforce Investment Act of
1998 for adult employment and training activities, or under
subsection (b)(2)(B) or a corresponding provision of the
Workforce Investment Act of 1998 for dislocated worker
employment and training activities (referred to individually in
this subsection as a ``local allocation'') and that are
available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year--
(A) for adult employment and training activities is
equal to the amount by which the unobligated balance of
the local allocation under paragraph (2)(A) or (3) of
subsection (b) for such activities, at the end of the
program year prior to the program year for which the
determination under this subparagraph is made, exceeds
20 percent of such allocation for the prior program
year; and
(B) for dislocated worker employment and training
activities is equal to the amount by which the
unobligated balance of the local allocation under
subsection (b)(2)(B) for such activities, at the end of
the program year prior to the program year for which the
determination under this subparagraph is made, exceeds
20 percent of such allocation for the prior program
year.
(3) Reallocation.--In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a
program year, the Governor shall allocate to each eligible local
area within the State--
(A) with respect to such available amounts that were
allocated under paragraph (2)(A) or (3) of subsection
(b), an amount based on the relative amount of the local
allocation under paragraph (2)(A) or (3) of subsection
(b), as appropriate, for the program year for which the
determination is made, as compared to the total amount
of the local allocations under paragraph (2)(A) or (3)
of subsection (b), as appropriate, for all eligible
local areas in the State for such program year; and
(B) with respect to such available amounts that were
allocated under subsection (b)(2)(B), an amount based on
the relative amount of the local allocation under
subsection (b)(2)(B) for the program year for which the
determination is made, as compared to the total amount
of the local
[[Page 128 STAT. 1520]]
allocations under subsection (b)(2)(B) for all eligible
local areas in the State for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means--
(A) with respect to funds allocated through a local
allocation for adult employment and training activities,
a local area that does not have an amount of such funds
available for reallocation under paragraph (2) for the
program year for which the determination under paragraph
(2) is made; and
(B) with respect to funds allocated through a local
allocation for dislocated worker employment and training
activities, a local area that does not have an amount of
such funds available for reallocation under paragraph
(2) for the program year for which the determination
under paragraph (2) is made.
SEC. 134. <<NOTE: 29 USC 3174.>> USE OF FUNDS FOR EMPLOYMENT AND
TRAINING ACTIVITIES.
(a) Statewide Employment and Training Activities.--
(1) In general.--Funds reserved by a Governor--
(A) as described in section 133(a)(2) shall be used
to carry out the statewide rapid response activities
described in paragraph (2)(A); and
(B) as described in sections 128(a) and 133(a)(1)--
(i) shall be used to carry out the statewide
employment and training activities described in
paragraph (2)(B); and
(ii) may be used to carry out any of the
statewide employment and training activities
described in paragraph (3),
regardless of whether the funds were allotted to the
State under section 127(b)(1) or under paragraph (1) or
(2) of section 132(b).
(2) Required statewide employment and training activities.--
(A) Statewide rapid response activities.--
(i) In general.--A State shall carry out
statewide rapid response activities using funds
reserved by the Governor for the State under
section 133(a)(2), which activities shall
include--
(I) provision of rapid response
activities, carried out in local areas
by the State or by an entity designated
by the State, working in conjunction
with the local boards and the chief
elected officials for the local areas;
and
(II) provision of additional
assistance to local areas that
experience disasters, mass layoffs, or
plant closings, or other events that
precipitate substantial increases in the
number of unemployed individuals,
carried out in local areas by the State,
working in conjunction with the local
boards and the chief elected officials
for the local areas.
(ii) Use of unobligated funds.--Funds reserved
by a Governor under section 133(a)(2), and section
133(a)(2) of the Workforce Investment Act of 1998
(as in effect on the day before the date of
enactment of
[[Page 128 STAT. 1521]]
this Act), to carry out this subparagraph that
remain unobligated after the first program year
for which such funds were allotted may be used by
the Governor to carry out statewide activities
authorized under subparagraph (B) or paragraph
(3)(A), in addition to activities under this
subparagraph.
(B) Statewide employment and training activities.--
Funds reserved by a Governor under sections 128(a)(1)
and 133(a)(1) and not used under paragraph (1)(A)
(regardless of whether the funds were allotted to the
States under section 127(b)(1)(C) or paragraph (1)(B) or
(2)(B) of section 132(b)) shall be used for statewide
employment and training activities, including--
(i) providing assistance to--
(I) State entities and agencies,
local areas, and one-stop partners in
carrying out the activities described in
the State plan, including the
coordination and alignment of data
systems used to carry out the
requirements of this Act;
(II) local areas for carrying out
the regional planning and service
delivery efforts required under section
106(c);
(III) local areas by providing
information on and support for the
effective development, convening, and
implementation of industry or sector
partnerships; and
(IV) local areas, one-stop
operators, one-stop partners, and
eligible providers, including the
development and training of staff, which
may include the development and training
of staff to provide opportunities for
individuals with barriers to employment
to enter in-demand industry sectors or
occupations and nontraditional
occupations, the development of
exemplary program activities, and the
provision of technical assistance to
local areas that fail to meet local
performance accountability measures
described in section 116(c);
(ii) providing assistance to local areas as
described in section 106(b)(6);
(iii) operating a fiscal and management
accountability information system in accordance
with section 116(i);
(iv) carrying out monitoring and oversight of
activities carried out under this chapter and
chapter 2;
(v) disseminating--
(I) <<NOTE: List.>> the State list
of eligible providers of training
services, including eligible providers
of nontraditional training services and
eligible providers of apprenticeship
programs described in section
122(a)(2)(B);
(II) information identifying
eligible providers of on-the-job
training, customized training, incumbent
worker training, internships, paid or
unpaid work experience opportunities, or
transitional jobs;
(III) information on effective
outreach to, partnerships with, and
services for, business;
[[Page 128 STAT. 1522]]
(IV) information on effective
service delivery strategies to serve
workers and job seekers;
(V) performance information and
information on the cost of attendance
(including tuition and fees) for
participants in applicable programs, as
described in subsections (d) and (h) of
section 122; and
(VI) information on physical and
programmatic accessibility, in
accordance with section 188, if
applicable, and the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), for individuals with
disabilities; and
(vi) <<NOTE: Evaluations.>> conducting
evaluations under section 116(e) of activities
authorized under this chapter and chapter 2 in
coordination with evaluations carried out by the
Secretary under section 169(a).
(3) Allowable statewide employment and training
activities.--
(A) In general.--Funds reserved by a Governor under
sections 128(a)(1) and 133(a)(1) and not used under
paragraph (1)(A) or (2)(B) (regardless of whether the
funds were allotted to the State under section
127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section
132(b)) may be used to carry out additional statewide
employment and training activities, which may include--
(i) implementing innovative programs and
strategies designed to meet the needs of all
employers (including small employers) in the
State, which programs and strategies may include
incumbent worker training programs, customized
training, sectoral and industry cluster strategies
and implementation of industry or sector
partnerships, career pathway programs,
microenterprise and entrepreneurial training and
support programs, utilization of effective
business intermediaries, layoff aversion
strategies, activities to improve linkages between
the one-stop delivery system in the State and all
employers (including small employers) in the
State, and other business services and strategies
that better engage employers in workforce
investment activities and make the workforce
development system more relevant to the needs of
State and local businesses, consistent with the
objectives of this title;
(ii) developing strategies for effectively
serving individuals with barriers to employment
and for coordinating programs and services among
one-stop partners;
(iii) the development or identification of
education and training programs that respond to
real-time labor market analysis, that utilize
direct assessment and prior learning assessment to
measure and provide credit for prior knowledge,
skills, competencies, and experiences, that
evaluate such skills and competencies for
adaptability, that ensure credits are portable and
stackable for more skilled employment, and that
accelerate course or credential completion;
[[Page 128 STAT. 1523]]
(iv) implementing programs to increase the
number of individuals training for and placed in
nontraditional employment;
(v) carrying out activities to facilitate
remote access to services, including training
services described in subsection (c)(3), provided
through a one-stop delivery system, including
facilitating access through the use of technology;
(vi) supporting the provision of career
services described in subsection (c)(2) in the
one-stop delivery systems in the State;
(vii) coordinating activities with the child
welfare system to facilitate provision of services
for children and youth who are eligible for
assistance under section 477 of the Social
Security Act (42 U.S.C. 677);
(viii) activities--
(I) to improve coordination of
workforce investment activities with
economic development activities;
(II) to improve coordination of
employment and training activities
with--
(aa) child support services,
and assistance provided by State
and local agencies carrying out
part D of title IV of the Social
Security Act (42 U.S.C. 651 et
seq.);
(bb) cooperative extension
programs carried out by the
Department of Agriculture;
(cc) programs carried out in
local areas for individuals with
disabilities, including programs
carried out by State agencies
relating to intellectual
disabilities and developmental
disabilities, activities carried
out by Statewide Independent
Living Councils established
under section 705 of the
Rehabilitation Act of 1973 (29
U.S.C. 796d), programs funded
under part B of chapter 1 of
title VII of such Act (29 U.S.C.
796e et seq.), and activities
carried out by centers for
independent living, as defined
in section 702 of such Act (29
U.S.C. 796a);
(dd) adult education and
literacy activities, including
those provided by public
libraries;
(ee) activities in the
corrections system that assist
ex-offenders in reentering the
workforce; and
(ff) financial literacy
activities including those
described in section
129(b)(2)(D); and
(III) consisting of development and
dissemination of workforce and labor
market information;
(ix) conducting research and demonstration
projects related to meeting the employment and
education needs of adult and dislocated workers;
(x) implementing promising services for
workers and businesses, which may include
providing support for education, training, skill
upgrading, and statewide networking for employees
to become workplace
[[Page 128 STAT. 1524]]
learning advisors and maintain proficiency in
carrying out the activities associated with such
advising;
(xi) providing incentive grants to local areas
for performance by the local areas on local
performance accountability measures described in
section 116(c);
(xii) adopting, calculating, or commissioning
for approval an economic self-sufficiency standard
for the State that specifies the income needs of
families, by family size, the number and ages of
children in the family, and substate geographical
considerations;
(xiii) developing and disseminating common
intake procedures and related items, including
registration processes, materials, or software;
and
(xiv) providing technical assistance to local
areas that are implementing pay-for-performance
contract strategies, which technical assistance
may include providing assistance with data
collection, meeting data entry requirements,
identifying levels of performance, and conducting
evaluations of such strategies.
(B) Limitation.--
(i) In general.--Of the funds allotted to a
State under sections 127(b) and 132(b) and
reserved as described in sections 128(a) and
133(a)(1) for a fiscal year--
(I) not more than 5 percent of the
amount allotted under section 127(b)(1);
(II) not more than 5 percent of the
amount allotted under section 132(b)(1);
and
(III) not more than 5 percent of the
amount allotted under section 132(b)(2),
may be used by the State for the administration of
statewide youth workforce investment activities
carried out under section 129 and statewide
employment and training activities carried out
under this section.
(ii) Use of funds.--Funds made available for
administrative costs under clause (i) may be used
for the administrative cost of any of the
statewide youth workforce investment activities or
statewide employment and training activities,
regardless of whether the funds were allotted to
the State under section 127(b)(1) or paragraph (1)
or (2) of section 132(b).
(b) Local Employment and Training Activities.--Funds allocated to a
local area for adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to a local area for dislocated
workers under section 133(b)(2)(B)--
(1) shall be used to carry out employment and training
activities described in subsection (c) for adults or dislocated
workers, respectively; and
(2) may be used to carry out employment and training
activities described in subsection (d) for adults or dislocated
workers, respectively.
(c) Required Local Employment and Training Activities.--
(1) In general.--
(A) Allocated funds.--Funds allocated to a local
area for adults under paragraph (2)(A) or (3), as
appropriate, of section 133(b), and funds allocated to
the local area
[[Page 128 STAT. 1525]]
for dislocated workers under section 133(b)(2)(B), shall
be used--
(i) to establish a one-stop delivery system
described in section 121(e);
(ii) to provide the career services described
in paragraph (2) to adults and dislocated workers,
respectively, through the one-stop delivery system
in accordance with such paragraph;
(iii) to provide training services described
in paragraph (3) to adults and dislocated workers,
respectively, described in such paragraph;
(iv) to establish and develop relationships
and networks with large and small employers and
their intermediaries; and
(v) to develop, convene, or implement industry
or sector partnerships.
(B) Other funds.--Consistent with subsections (h)
and (i) of section 121, a portion of the funds made
available under Federal law authorizing the programs and
activities described in section 121(b)(1)(B), including
the Wagner-Peyser Act (29 U.S.C. 49 et seq.), shall be
used as described in clauses (i) and (ii) of
subparagraph (A), to the extent not inconsistent with
the Federal law involved.
(2) Career services.--
(A) Services provided.--Funds described in paragraph
(1) shall be used to provide career services, which
shall be available to individuals who are adults or
dislocated workers through the one-stop delivery system
and shall, at a minimum, include--
(i) <<NOTE: Determinations.>> determinations
of whether the individuals are eligible to receive
assistance under this subtitle;
(ii) outreach, intake (which may include
worker profiling), and orientation to the
information and other services available through
the one-stop delivery system;
(iii) <<NOTE: Assessment.>> initial
assessment of skill levels (including literacy,
numeracy, and English language proficiency),
aptitudes, abilities (including skills gaps), and
supportive service needs;
(iv) labor exchange services, including--
(I) job search and placement
assistance and, in appropriate cases,
career counseling, including--
(aa) provision of
information on in-demand
industry sectors and
occupations; and
(bb) provision of
information on nontraditional
employment; and
(II) appropriate recruitment and
other business services on behalf of
employers, including small employers, in
the local area, which services may
include services described in this
subsection, such as providing
information and referral to specialized
business services not traditionally
offered through the one-stop delivery
system;
(v) provision of referrals to and coordination
of activities with other programs and services,
including programs and services within the one-
stop delivery
[[Page 128 STAT. 1526]]
system and, in appropriate cases, other workforce
development programs;
(vi) provision of workforce and labor market
employment statistics information, including the
provision of accurate information relating to
local, regional, and national labor market areas,
including--
(I) job vacancy listings in such
labor market areas;
(II) information on job skills
necessary to obtain the jobs described
in subclause (I); and
(III) information relating to local
occupations in demand and the earnings,
skill requirements, and opportunities
for advancement for such occupations;
and
(vii) provision of performance information and
program cost information on eligible providers of
training services as described in section 122,
provided by program, and eligible providers of
youth workforce investment activities described in
section 123, providers of adult education
described in title II, providers of career and
technical education activities at the
postsecondary level, and career and technical
education activities available to school dropouts,
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.),
and providers of vocational rehabilitation
services described in title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.);
(viii) provision of information, in formats
that are usable by and understandable to one-stop
center customers, regarding how the local area is
performing on the local performance accountability
measures described in section 116(c) and any
additional performance information with respect to
the one-stop delivery system in the local area;
(ix)(I) provision of information, in formats
that are usable by and understandable to one-stop
center customers, relating to the availability of
supportive services or assistance, including child
care, child support, medical or child health
assistance under title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et seq. and 1397aa et
seq.), benefits under the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
assistance through the earned income tax credit
under section 32 of the Internal Revenue Code of
1986, and assistance under a State program for
temporary assistance for needy families funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) and other supportive
services and transportation provided through funds
made available under such part, available in the
local area; and
(II) referral to the services or assistance
described in subclause (I), as appropriate;
(x) <<NOTE: Claims.>> provision of
information and assistance regarding filing claims
for unemployment compensation;
[[Page 128 STAT. 1527]]
(xi) assistance in establishing eligibility
for programs of financial aid assistance for
training and education programs that are not
funded under this Act;
(xii) services, if determined to be
appropriate in order for an individual to obtain
or retain employment, that consist of--
(I) comprehensive and specialized
assessments of the skill levels and
service needs of adults and dislocated
workers, which may include--
(aa) diagnostic testing and
use of other assessment tools;
and
(bb) in-depth interviewing
and evaluation to identify
employment barriers and
appropriate employment goals;
(II) development of an individual
employment plan, to identify the
employment goals, appropriate
achievement objectives, and appropriate
combination of services for the
participant to achieve the employment
goals, including providing information
on eligible providers of training
services pursuant to paragraph
(3)(F)(ii), and career pathways to
attain career objectives;
(III) group counseling;
(IV) individual counseling;
(V) career planning;
(VI) short-term prevocational
services, including development of
learning skills, communication skills,
interviewing skills, punctuality,
personal maintenance skills, and
professional conduct, to prepare
individuals for unsubsidized employment
or training;
(VII) internships and work
experiences that are linked to careers;
(VIII) workforce preparation
activities;
(IX) financial literacy services,
such as the activities described in
section 129(b)(2)(D);
(X) out-of-area job search
assistance and relocation assistance; or
(XI) English language acquisition
and integrated education and training
programs; and
(xiii) <<NOTE: Time period.>> followup
services, including counseling regarding the
workplace, for participants in workforce
investment activities authorized under this
subtitle who are placed in unsubsidized
employment, for not less than 12 months after the
first day of the employment, as appropriate.
(B) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be required to
conduct a new interview, evaluation, or assessment of a
participant under subparagraph (A)(xii) if the one-stop
operator or one-stop partner determines that it is
appropriate to use a recent interview, evaluation, or
assessment of the participant conducted pursuant to
another education or training program.
(C) Delivery of services.--The career services
described in subparagraph (A) shall be provided through
the one-stop delivery system--
[[Page 128 STAT. 1528]]
(i) directly through one-stop operators
identified pursuant to section 121(d); or
(ii) <<NOTE: Contracts.>> through contracts
with service providers, which may include
contracts with public, private for-profit, and
private nonprofit service providers, approved by
the local board.
(3) Training services.--
(A) In general.--
(i) Eligibility.--Except as provided in clause
(ii), funds allocated to a local area for adults
under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local
area for dislocated workers under section
133(b)(2)(B), shall be used to provide training
services to adults and dislocated workers,
respectively--
(I) who, after an interview,
evaluation, or assessment, and career
planning, have been determined by a one-
stop operator or one-stop partner, as
appropriate, to--
(aa) be unlikely or unable
to obtain or retain employment,
that leads to economic self-
sufficiency or wages comparable
to or higher than wages from
previous employment, through the
career services described in
paragraph (2)(A)(xii);
(bb) be in need of training
services to obtain or retain
employment that leads to
economic self-sufficiency or
wages comparable to or higher
than wages from previous
employment; and
(cc) have the skills and
qualifications to successfully
participate in the selected
program of training services;
(II) who select programs of training
services that are directly linked to the
employment opportunities in the local
area or the planning region, or in
another area to which the adults or
dislocated workers are willing to
commute or relocate;
(III) who meet the requirements of
subparagraph (B); and
(IV) who are determined to be
eligible in accordance with the priority
system in effect under subparagraph (E).
(ii) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be required
to conduct a new interview, evaluation, or
assessment of a participant under clause (i) if
the one-stop operator or one-stop partner
determines that it is appropriate to use a recent
interview, evaluation, or assessment of the
participant conducted pursuant to another
education or training program.
(iii) Rule of construction.--Nothing in this
subparagraph shall be construed to mean an
individual is required to receive career services
prior to receiving training services.
(B) Qualification.--
[[Page 128 STAT. 1529]]
(i) Requirement.--Notwithstanding section 479B
of the Higher Education Act of 1965 (20 U.S.C.
1087uu) and except as provided in clause (ii),
provision of such training services shall be
limited to individuals who--
(I) are unable to obtain other grant
assistance for such services, including
Federal Pell Grants established under
subpart 1 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C.
1070a et seq.); or
(II) require assistance beyond the
assistance made available under other
grant assistance programs, including
Federal Pell Grants.
(ii) Reimbursements.--Training services may be
provided under this paragraph to an individual who
otherwise meets the requirements of this paragraph
while an application for a Federal Pell Grant is
pending, except that if such individual is
subsequently awarded a Federal Pell Grant,
appropriate reimbursement shall be made to the
local area from such Federal Pell Grant.
(iii) Consideration.--In determining whether
an individual requires assistance under clause
(i)(II), a one-stop operator (or one-stop partner,
where appropriate) may take into consideration the
full cost of participating in training services,
including the costs of dependent care and
transportation, and other appropriate costs.
(C) Provider qualification.--Training services shall
be provided through providers identified in accordance
with section 122.
(D) Training services.--Training services may
include--
(i) occupational skills training, including
training for nontraditional employment;
(ii) on-the-job training;
(iii) incumbent worker training in accordance
with subsection (d)(4);
(iv) programs that combine workplace training
with related instruction, which may include
cooperative education programs;
(v) training programs operated by the private
sector;
(vi) skill upgrading and retraining;
(vii) entrepreneurial training;
(viii) transitional jobs in accordance with
subsection (d)(5);
(ix) job readiness training provided in
combination with services described in any of
clauses (i) through (viii);
(x) adult education and literacy activities,
including activities of English language
acquisition and integrated education and training
programs, provided concurrently or in combination
with services described in any of clauses (i)
through (vii); and
(xi) customized training conducted with a
commitment by an employer or group of employers to
employ
[[Page 128 STAT. 1530]]
an individual upon successful completion of the
training.
(E) Priority.--With respect to funds allocated to a
local area for adult employment and training activities
under paragraph (2)(A) or (3) of section 133(b),
priority shall be given to recipients of public
assistance, other low-income individuals, and
individuals who are basic skills deficient for receipt
of career services described in paragraph (2)(A)(xii)
and training services. The appropriate local board and
the Governor shall direct the one-stop operators in the
local area with regard to making determinations related
to such priority.
(F) Consumer choice requirements.--
(i) In general.--Training services provided
under this paragraph shall be provided in a manner
that maximizes consumer choice in the selection of
an eligible provider of such services.
(ii) Eligible providers.--Each local board,
through one-stop centers, shall make available the
list of eligible providers of training services
described in section 122(d), and accompanying
information, in accordance with section 122(d).
(iii) Individual training accounts.--An
individual who seeks training services and who is
eligible pursuant to subparagraph (A), may, in
consultation with a career planner, select an
eligible provider of training services from the
list of providers described in clause (ii). Upon
such selection, the one-stop operator involved
shall, to the extent practicable, refer such
individual to the eligible provider of training
services, and arrange for payment for such
services through an individual training account.
(iv) Coordination.--Each local board may,
through one-stop centers, coordinate funding for
individual training accounts with funding from
other Federal, State, local, or private job
training programs or sources to assist the
individual in obtaining training services.
(v) Additional information.--Priority
consideration shall, consistent with clause (i),
be given to programs that lead to recognized
postsecondary credentials that are aligned with
in-demand industry sectors or occupations in the
local area involved.
(G) Use of individual training accounts.--
(i) In general.--Except as provided in clause
(ii), training services provided under this
paragraph shall be provided through the use of
individual training accounts in accordance with
this paragraph, and shall be provided to eligible
individuals through the one-stop delivery system.
(ii) <<NOTE: Determinations.>> Training
contracts.--Training services authorized under
this paragraph may be provided pursuant to a
contract for services in lieu of an individual
training account if--
(I) the requirements of subparagraph
(F) are met;
[[Page 128 STAT. 1531]]
(II) such services are on-the-job
training, customized training, incumbent
worker training, or transitional
employment;
(III) the local board determines
there are an insufficient number of
eligible providers of training services
in the local area involved (such as in a
rural area) to accomplish the purposes
of a system of individual training
accounts;
(IV) the local board determines that
there is a training services program of
demonstrated effectiveness offered in
the local area by a community-based
organization or another private
organization to serve individuals with
barriers to employment;
(V) the local board determines
that--
(aa) it would be most
appropriate to award a contract
to an institution of higher
education or other eligible
provider of training services in
order to facilitate the training
of multiple individuals in in-
demand industry sectors or
occupations; and
(bb) such contract does not
limit customer choice; or
(VI) the contract is a pay-for-
performance contract.
(iii) Linkage to occupations in demand.--
Training services provided under this paragraph
shall be directly linked to an in-demand industry
sector or occupation in the local area or the
planning region, or in another area to which an
adult or dislocated worker receiving such services
is willing to relocate, except that a local board
may approve training services for occupations
determined by the local board to be in sectors of
the economy that have a high potential for
sustained demand or growth in the local area.
(iv) <<NOTE: Contracts.>> Rule of
construction.--Nothing in this paragraph shall be
construed to preclude the combined use of
individual training accounts and contracts in the
provision of training services, including
arrangements that allow individuals receiving
individual training accounts to obtain training
services that are contracted for under clause
(ii).
(H) Reimbursement for on-the-job training.--
(i) Reimbursement level.--For purposes of the
provision of on-the-job training under this
paragraph, the Governor or local board involved
may increase the amount of the reimbursement
described in section 3(44) to an amount of up to
75 percent of the wage rate of a participant for a
program carried out under chapter 2 or this
chapter, if, respectively--
(I) the Governor approves the
increase with respect to a program
carried out with funds reserved by the
State under that chapter, taking into
account the factors described in clause
(ii); or
[[Page 128 STAT. 1532]]
(II) the local board approves the
increase with respect to a program
carried out with funds allocated to a
local area under such chapter, taking
into account those factors.
(ii) Factors.--For purposes of clause (i), the
Governor or local board, respectively, shall take
into account factors consisting of--
(I) the characteristics of the
participants;
(II) the size of the employer;
(III) the quality of employer-
provided training and advancement
opportunities; and
(IV) such other factors as the
Governor or local board, respectively,
may determine to be appropriate, which
may include the number of employees
participating in the training, wage and
benefit levels of those employees (at
present and anticipated upon completion
of the training), and relation of the
training to the competitiveness of a
participant.
(d) Permissible Local Employment and Training Activities.--
(1) In general.--
(A) Activities.--Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area
for dislocated workers under section 133(b)(2)(B), may
be used to provide, through the one-stop delivery system
involved (and through collaboration with the local
board, for the purpose of the activities described in
clauses (vii) and (ix))--
(i) customized screening and referral of
qualified participants in training services
described in subsection (c)(3) to employers;
(ii) customized employment-related services to
employers, employer associations, or other such
organizations on a fee-for-service basis;
(iii) implementation of a pay-for-performance
contract strategy for training services, for which
the local board may reserve and use not more than
10 percent of the total funds allocated to the
local area under paragraph (2) or (3) of section
133(b);
(iv) customer support to enable individuals
with barriers to employment (including individuals
with disabilities) and veterans, to navigate among
multiple services and activities for such
populations;
(v) technical assistance for one-stop
operators, one-stop partners, and eligible
providers of training services, regarding the
provision of services to individuals with
disabilities in local areas, including the
development and training of staff, the provision
of outreach, intake, assessments, and service
delivery, the coordination of services across
providers and programs, and the development of
performance accountability measures;
(vi) employment and training activities
provided in coordination with--
(I) child support enforcement
activities of the State and local
agencies carrying out part D of
[[Page 128 STAT. 1533]]
title IV of the Social Security Act (42
U.S.C. 651 et seq.);
(II) child support services, and
assistance, provided by State and local
agencies carrying out part D of title IV
of the Social Security Act (42 U.S.C.
651 et seq.);
(III) cooperative extension programs
carried out by the Department of
Agriculture; and
(IV) activities to facilitate remote
access to services provided through a
one-stop delivery system, including
facilitating access through the use of
technology;
(vii) activities--
(I) to improve coordination between
workforce investment activities and
economic development activities carried
out within the local area involved, and
to promote entrepreneurial skills
training and microenterprise services;
(II) to improve services and
linkages between the local workforce
investment system (including the local
one-stop delivery system) and employers,
including small employers, in the local
area, through services described in this
section; and
(III) to strengthen linkages between
the one-stop delivery system and
unemployment insurance programs;
(viii) training programs for displaced
homemakers and for individuals training for
nontraditional occupations, in conjunction with
programs operated in the local area;
(ix) activities to provide business services
and strategies that meet the workforce investment
needs of area employers, as determined by the
local board, consistent with the local plan under
section 108, which services--
(I) may be provided through
effective business intermediaries
working in conjunction with the local
board, and may also be provided on a
fee-for-service basis or through the
leveraging of economic development,
philanthropic, and other public and
private resources in a manner determined
appropriate by the local board; and
(II) may include--
(aa) developing and
implementing industry sector
strategies (including strategies
involving industry partnerships,
regional skills alliances,
industry skill panels, and
sectoral skills partnerships);
(bb) developing and
delivering innovative workforce
investment services and
strategies for area employers,
which may include career
pathways, skills upgrading,
skill standard development and
certification for recognized
postsecondary credential or
other employer use,
apprenticeship, and other
effective initiatives for
meeting the workforce investment
needs of area employers and
workers;
[[Page 128 STAT. 1534]]
(cc) assistance to area
employers in managing reductions
in force in coordination with
rapid response activities
provided under subsection
(a)(2)(A) and with strategies
for the aversion of layoffs,
which strategies may include
early identification of firms at
risk of layoffs, use of
feasibility studies to assess
the needs of and options for at-
risk firms, and the delivery of
employment and training
activities to address risk
factors; and
(dd) the marketing of
business services offered under
this title, to appropriate area
employers, including small and
mid-sized employers;
(x) activities to adjust the economic self-
sufficiency standards referred to in subsection
(a)(3)(A)(xii) for local factors, or activities to
adopt, calculate, or commission for approval,
economic self-sufficiency standards for the local
areas that specify the income needs of families,
by family size, the number and ages of children in
the family, and substate geographical
considerations;
(xi) improved coordination between employment
and training activities and programs carried out
in the local area for individuals with
disabilities, including programs carried out by
State agencies relating to intellectual
disabilities and developmental disabilities,
activities carried out by Statewide Independent
Living Councils established under section 705 of
the Rehabilitation Act of 1973 (29 U.S.C. 796d),
programs funded under part B of chapter 1 of title
VII of such Act (29 U.S.C. 796e et seq.), and
activities carried out by centers for independent
living, as defined in section 702 of such Act (29
U.S.C. 796a); and
(xii) implementation of promising services to
workers and businesses, which may include support
for education, training, skill upgrading, and
statewide networking for employees to become
workplace learning advisors and maintain
proficiency in carrying out the activities
associated with such advising.
(B) Work support activities for low-wage workers.--
(i) In general.--Funds allocated to a local
area for adults under paragraph (2)(A) or (3), as
appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers
under section 133(b)(2)(B), may be used to
provide, through the one-stop delivery system
involved, work support activities designed to
assist low-wage workers in retaining and enhancing
employment. The one-stop partners of the system
shall coordinate the appropriate programs and
resources of the partners with the activities and
resources provided under this subparagraph.
(ii) Activities.--The work support activities
described in clause (i) may include the provision
of activities described in this section through
the one-stop delivery system in a manner that
enhances the
[[Page 128 STAT. 1535]]
opportunities of such workers to participate in
the activities, such as the provision of
activities described in this section during
nontraditional hours and the provision of onsite
child care while such activities are being
provided.
(2) Supportive services.--Funds allocated to a local area
for adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), may be used to
provide supportive services to adults and dislocated workers,
respectively--
(A) who are participating in programs with
activities authorized in paragraph (2) or (3) of
subsection (c); and
(B) who are unable to obtain such supportive
services through other programs providing such services.
(3) Needs-related payments.--
(A) In general.--Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area
for dislocated workers under section 133(b)(2)(B), may
be used to provide needs-related payments to adults and
dislocated workers, respectively, who are unemployed and
do not qualify for (or have ceased to qualify for)
unemployment compensation for the purpose of enabling
such individuals to participate in programs of training
services under subsection (c)(3).
(B) <<NOTE: Time periods.>> Additional eligibility
requirements.--In addition to the requirements contained
in subparagraph (A), a dislocated worker who has ceased
to qualify for unemployment compensation may be eligible
to receive needs-related payments under this paragraph
only if such worker was enrolled in the training
services--
(i) by the end of the 13th week after the most
recent layoff that resulted in a determination of
the worker's eligibility for employment and
training activities for dislocated workers under
this subtitle; or
(ii) if later, by the end of the 8th week
after the worker is informed that a short-term
layoff will exceed 6 months.
(C) Level of payments.--The level of a needs-related
payment made to a dislocated worker under this paragraph
shall not exceed the greater of--
(i) the applicable level of unemployment
compensation; or
(ii) if such worker did not qualify for
unemployment compensation, an amount equal to the
poverty line, for an equivalent period, which
amount shall be adjusted to reflect changes in
total family income.
(4) Incumbent worker training programs.--
(A) In general.--
(i) Standard reservation of funds.--The local
board may reserve and use not more than 20 percent
of the funds allocated to the local area involved
under section 133(b) to pay for the Federal share
of the cost of providing training through a
training program for incumbent workers, carried
out in accordance with this paragraph.
[[Page 128 STAT. 1536]]
(ii) Determination of eligibility.--For the
purpose of determining the eligibility of an
employer to receive funding under clause (i), the
local board shall take into account factors
consisting of--
(I) the characteristics of the
participants in the program;
(II) the relationship of the
training to the competitiveness of a
participant and the employer; and
(III) such other factors as the
local board may determine to be
appropriate, which may include the
number of employees participating in the
training, the wage and benefit levels of
those employees (at present and
anticipated upon completion of the
training), and the existence of other
training and advancement opportunities
provided by the employer.
(iii) Statewide impact.--The Governor or State
board involved may make recommendations to the
local board for providing incumbent worker
training that has statewide impact.
(B) Training activities.--The training program for
incumbent workers carried out under this paragraph shall
be carried out by the local board in conjunction with
the employers or groups of employers of such workers
(which may include employers in partnership with other
entities for the purposes of delivering training) for
the purpose of assisting such workers in obtaining the
skills necessary to retain employment or avert layoffs.
(C) Employer payment of non-federal share.--
Employers participating in the program carried out under
this paragraph shall be required to pay for the non-
Federal share of the cost of providing the training to
incumbent workers of the employers.
(D) Non-federal share.--
(i) Factors.--Subject to clause (ii), the
local board shall establish the non-Federal share
of such cost (taking into consideration such other
factors as the number of employees participating
in the training, the wage and benefit levels of
the employees (at the beginning and anticipated
upon completion of the training), the relationship
of the training to the competitiveness of the
employer and employees, and the availability of
other employer-provided training and advancement
opportunities.
(ii) Limits.--The non-Federal share shall not
be less than--
(I) 10 percent of the cost, for
employers with not more than 50
employees;
(II) 25 percent of the cost, for
employers with more than 50 employees
but not more than 100 employees; and
(III) 50 percent of the cost, for
employers with more than 100 employees.
(iii) Calculation of employer share.--The non-
Federal share provided by an employer
participating in the program may include the
amount of the wages
[[Page 128 STAT. 1537]]
paid by the employer to a worker while the worker
is attending a training program under this
paragraph. The employer may provide the share in
cash or in kind, fairly evaluated.
(5) Transitional jobs.--The local board may use not more
than 10 percent of the funds allocated to the local area
involved under section 133(b) to provide transitional jobs under
subsection (c)(3) that--
(A) are time-limited work experiences that are
subsidized and are in the public, private, or nonprofit
sectors for individuals with barriers to employment who
are chronically unemployed or have an inconsistent work
history;
(B) are combined with comprehensive employment and
supportive services; and
(C) are designed to assist the individuals described
in subparagraph (A) to establish a work history,
demonstrate success in the workplace, and develop the
skills that lead to entry into and retention in
unsubsidized employment.
CHAPTER 4--GENERAL WORKFORCE INVESTMENT PROVISIONS
SEC. 136. <<NOTE: 29 USC 3181.>> AUTHORIZATION OF APPROPRIATIONS.
(a) Youth Workforce Investment Activities.--There are authorized to
be appropriated to carry out the activities described in section 127(a),
$820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016,
$902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018,
$943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year
2020.
(b) Adult Employment and Training Activities.--There are authorized
to be appropriated to carry out the activities described in section
132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 for fiscal
year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal
year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for
fiscal year 2020.
(c) Dislocated Worker Employment and Training Activities.--There are
authorized to be appropriated to carry out the activities described in
section 132(a)(2), $1,222,457,000 for fiscal year 2015, $1,316,880,000
for fiscal year 2016, $1,344,205,000 for fiscal year 2017,
$1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year
2019, and $1,436,137,000 for fiscal year 2020.
Subtitle C--Job Corps
SEC. 141. <<NOTE: 29 USC 3191.>> PURPOSES.
The purposes of this subtitle are--
(1) to maintain a national Job Corps program, carried out in
partnership with States and communities, to--
(A) assist eligible youth to connect to the labor
force by providing them with intensive social, academic,
career and technical education, and service-learning
opportunities, in primarily residential centers, in
order for such youth to obtain secondary school diplomas
or recognized postsecondary credentials leading to--
[[Page 128 STAT. 1538]]
(i) successful careers, in in-demand industry
sectors or occupations or the Armed Forces, that
will result in economic self-sufficiency and
opportunities for advancement; or
(ii) enrollment in postsecondary education,
including an apprenticeship program; and
(B) support responsible citizenship;
(2) to set forth standards and procedures for selecting
individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps centers in
which enrollees will participate in intensive programs of
activities described in this subtitle; and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continuing
development of the Job Corps.
SEC. 142. <<NOTE: 29 USC 3192.>> DEFINITIONS.
In this subtitle:
(1) Applicable local board.--The term ``applicable local
board'' means a local board--
(A) that provides information for a Job Corps center
on local employment opportunities and the job skills
needed to obtain the opportunities; and
(B) that serves communities in which the graduates
of the Job Corps center seek employment.
(2) Applicable one-stop center.--The term ``applicable one-
stop center'' means a one-stop center that provides services,
such as referral, assessment, recruitment, and placement, to
support the purposes of the Job Corps.
(3) Enrollee.--The term ``enrollee'' means an individual who
has voluntarily applied for, been selected for, and enrolled in
the Job Corps program, and remains with the program, but has not
yet become a graduate.
(4) Former enrollee.--The term ``former enrollee'' means an
individual who has voluntarily applied for, been selected for,
and enrolled in the Job Corps program, but left the program
prior to becoming a graduate.
(5) Graduate.--The term ``graduate'' means an individual who
has voluntarily applied for, been selected for, and enrolled in
the Job Corps program and who, as a result of participation in
the Job Corps program, has received a secondary school diploma
or recognized equivalent, or completed the requirements of a
career and technical education and training program that
prepares individuals for employment leading to economic self-
sufficiency or entrance into postsecondary education or
training.
(6) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 143.
(7) Job corps center.--The term ``Job Corps center'' means a
center described in section 147.
(8) Operator.--The term ``operator'' means an entity
selected under this subtitle to operate a Job Corps center.
(9) Region.--The term ``region'' means an area defined by
the Secretary.
(10) Service provider.--The term ``service provider'' means
an entity selected under this subtitle to provide services
described in this subtitle to a Job Corps center.
[[Page 128 STAT. 1539]]
SEC. 143. <<NOTE: 29 USC 3193.>> ESTABLISHMENT.
There shall be within the Department of Labor a ``Job Corps''.
SEC. 144. <<NOTE: 29 USC 3194.>> INDIVIDUALS ELIGIBLE FOR THE JOB
CORPS.
(a) In General.--To be eligible to become an enrollee, an individual
shall be--
(1) not less than age 16 and not more than age 21 on the
date of enrollment, except that--
(A) not more than 20 percent of the individuals
enrolled in the Job Corps may be not less than age 22
and not more than age 24 on the date of enrollment; and
(B) either such maximum age limitation may be waived
by the Secretary, in accordance with regulations of the
Secretary, in the case of an individual with a
disability;
(2) a low-income individual; and
(3) an individual who is one or more of the following:
(A) Basic skills deficient.
(B) A school dropout.
(C) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child or youth (as
defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))), a runaway, an
individual in foster care, or an individual who was in
foster care and has aged out of the foster care system.
(D) A parent.
(E) An individual who requires additional education,
career and technical education or training, or workforce
preparation skills to be able to obtain and retain
employment that leads to economic self-sufficiency.
(b) Special Rule for Veterans.--Notwithstanding the requirement of
subsection (a)(2), a veteran shall be eligible to become an enrollee
under subsection (a) if the individual--
(1) meets the requirements of paragraphs (1) and (3) of such
subsection; and
(2) <<NOTE: Time period.>> does not meet the requirement of
subsection (a)(2) because the military income earned by such
individual within the 6-month period prior to the individual's
application for Job Corps prevents the individual from meeting
such requirement.
SEC. 145. <<NOTE: 29 USC 3195.>> RECRUITMENT, SCREENING,
SELECTION, AND ASSIGNMENT OF ENROLLEES.
(a) Standards and Procedures.--
(1) In general.--The Secretary shall prescribe specific
standards and procedures for the recruitment, screening, and
selection of eligible applicants for the Job Corps, after
considering recommendations from Governors of States, local
boards, and other interested parties.
(2) Methods.--In prescribing standards and procedures under
paragraph (1), the Secretary, at a minimum, shall--
(A) <<NOTE: Deadline.>> prescribe procedures for
informing enrollees that drug tests will be administered
to the enrollees and the results received within 45 days
after the enrollees enroll in the Job Corps;
(B) establish standards for recruitment of Job Corps
applicants;
[[Page 128 STAT. 1540]]
(C) establish standards and procedures for--
(i) determining, for each applicant, whether
the educational and career and technical education
and training needs of the applicant can best be
met through the Job Corps program or an
alternative program in the community in which the
applicant resides; and
(ii) obtaining from each applicant pertinent
data relating to background, needs, and interests
for determining eligibility and potential
assignment;
(D) where appropriate, take measures to improve the
professional capability of the individuals conducting
screening of the applicants; and
(E) assure appropriate representation of enrollees
from urban areas and from rural areas.
(3) Implementation.--The standards and procedures shall be
implemented through arrangements with--
(A) applicable one-stop centers;
(B) organizations that have a demonstrated record of
effectiveness in serving at-risk youth and placing such
youth into employment, including community action
agencies, business organizations, or labor
organizations; and
(C) child welfare agencies that are responsible for
children and youth eligible for benefits and services
under section 477 of the Social Security Act (42 U.S.C.
677).
(4) Consultation.--The standards and procedures shall
provide for necessary consultation with individuals and
organizations, including court, probation, parole, law
enforcement, education, welfare, and medical authorities and
advisers.
(5) <<NOTE: Contracts.>> Reimbursement.--The Secretary is
authorized to enter into contracts with and make payments to
individuals and organizations for the cost of conducting
recruitment, screening, and selection of eligible applicants for
the Job Corps, as provided for in this section. The Secretary
shall make no payment to any individual or organization solely
as compensation for referring the names of applicants for the
Job Corps.
(b) Special Limitations on Selection.--
(1) <<NOTE: Determination.>> In general.--No individual
shall be selected as an enrollee unless the individual or
organization implementing the standards and procedures described
in subsection (a) determines that--
(A) there is a reasonable expectation that the
individual considered for selection can participate
successfully in group situations and activities, and is
not likely to engage in behavior that would prevent
other enrollees from receiving the benefit of the Job
Corps program or be incompatible with the maintenance of
sound discipline and satisfactory relationships between
the Job Corps center to which the individual might be
assigned and communities surrounding the Job Corps
center;
(B) the individual manifests a basic understanding
of both the rules to which the individual will be
subject and of the consequences of failure to observe
the rules, and agrees to comply with such rules; and
(C) the individual has passed a background check
conducted in accordance with procedures established by
the Secretary and with applicable State and local laws.
[[Page 128 STAT. 1541]]
(2) Individuals on probation, parole, or supervised
release.--An individual on probation, parole, or supervised
release may be selected as an enrollee only if release from the
supervision of the probation or parole official involved is
satisfactory to the official and the Secretary and does not
violate applicable laws (including regulations). No individual
shall be denied a position in the Job Corps solely on the basis
of individual contact with the criminal justice system except
for a disqualifying conviction as specified in paragraph (3).
(3) Individuals convicted of certain crimes.--An individual
shall not be selected as an enrollee if the individual has been
convicted of a felony consisting of murder (as described in
section 1111 of title 18, United States Code), child abuse, or a
crime involving rape or sexual assault.
(c) Assignment Plan.--
(1) <<NOTE: Time period.>> In general.--Every 2 years, the
Secretary shall develop and implement a plan for assigning
enrollees to Job Corps centers. In developing the plan, the
Secretary shall, based on the analysis described in paragraph
(2), establish targets, applicable to each Job Corps center,
for--
(A) the maximum attainable percentage of enrollees
at the Job Corps center that reside in the State in
which the center is located; and
(B) the maximum attainable percentage of enrollees
at the Job Corps center that reside in the region in
which the center is located, and in surrounding regions.
(2) <<NOTE: Time period. Consultation.>> Analysis.--In
order to develop the plan described in paragraph (1), every 2
years the Secretary, in consultation with operators of Job Corps
centers, shall analyze relevant factors relating to each Job
Corps center, including--
(A) the size of the population of individuals
eligible to participate in Job Corps in the State and
region in which the Job Corps center is located, and in
surrounding regions;
(B) the relative demand for participation in the Job
Corps in the State and region, and in surrounding
regions;
(C) the capacity and utilization of the Job Corps
center, including the education, training, and
supportive services provided through the center; and
(D) the performance of the Job Corps center relating
to the expected levels of performance for the indicators
described in section 159(c)(1), and whether any actions
have been taken with respect to such center pursuant to
paragraphs (2) and (3) of section 159(f).
(d) Assignment of Individual Enrollees.--
(1) In general.--After an individual has been selected for
the Job Corps in accordance with the standards and procedures of
the Secretary under subsection (a), the enrollee shall be
assigned to the Job Corps center that offers the type of career
and technical education and training selected by the individual
and, among the centers that offer such education and training,
is closest to the home of the individual. <<NOTE: Waiver
authority.>> The Secretary may waive this requirement if--
(A) the enrollee would be unduly delayed in
participating in the Job Corps program because the
closest center is operating at full capacity; or
[[Page 128 STAT. 1542]]
(B) the parent or guardian of the enrollee requests
assignment of the enrollee to another Job Corps center
due to circumstances in the community of the enrollee
that would impair prospects for successful participation
in the Job Corps program.
(2) Enrollees who are younger than 18.--An enrollee who is
younger than 18 shall not be assigned to a Job Corps center
other than the center closest to the home that offers the career
and technical education and training desired by the enrollee
pursuant to paragraph (1) if the parent or guardian of the
enrollee objects to the assignment.
SEC. 146. <<NOTE: 29 USC 3196.>> ENROLLMENT.
(a) Relationship Between Enrollment and Military Obligations.--
Enrollment in the Job Corps shall not relieve any individual of
obligations under the Military Selective Service Act (50 U.S.C. App. 451
et seq.).
(b) Period of Enrollment.--No individual may be enrolled in the Job
Corps for more than 2 years, except--
(1) in a case in which completion of an advanced career
training program under section 148(c) would require an
individual to participate in the Job Corps for not more than one
additional year;
(2) in the case of an individual with a disability who would
reasonably be expected to meet the standards for a Job Corps
graduate, as defined under section 142(5), if allowed to
participate in the Job Corps for not more than 1 additional
year;
(3) in the case of an individual who participates in
national service, as authorized by a Civilian Conservation
Center program, who would be granted an enrollment extension in
the Job Corps for the amount of time equal to the period of
national service; or
(4) as the Secretary may authorize in a special case.
SEC. 147. <<NOTE: 29 USC 3197.>> JOB CORPS CENTERS.
(a) Operators and Service Providers.--
(1) Eligible entities.--
(A) <<NOTE: Contracts.>> Operators.--The Secretary
shall enter into an agreement with a Federal, State, or
local agency, an area career and technical education
school, a residential career and technical education
school, or a private organization, for the operation of
each Job Corps center.
(B) Providers.--The Secretary may enter into an
agreement with a local entity, or other entity with the
necessary capacity, to provide activities described in
this subtitle to a Job Corps center.
(2) Selection process.--
(A) Competitive basis.--Except as provided in
subsections (a) and (b) of section 3304 of title 41,
United States Code, the Secretary shall select on a
competitive basis an entity to operate a Job Corps
center and entities to provide activities described in
this subtitle to the Job Corps
center. <<NOTE: Consultation.>> In developing a
solicitation for an operator or service provider, the
Secretary shall consult with the Governor of the State
in which the center is located, the workforce council
for the Job Corps center (if established), and the
applicable local board regarding the contents of
[[Page 128 STAT. 1543]]
such solicitation, including elements that will promote
the consistency of the activities carried out through
the center with the objectives set forth in the State
plan or in a local plan.
(B) Recommendations and considerations.--
(i) Operators.--In selecting an entity to
operate a Job Corps center, the Secretary shall
consider--
(I) the ability of the entity to
coordinate the activities carried out
through the Job Corps center with
activities carried out under the
appropriate State plan and local plans;
(II) the ability of the entity to
offer career and technical education and
training that has been proposed by the
workforce council under section 154(c),
and the degree to which such education
and training reflects employment
opportunities in the local areas in
which enrollees at the center intend to
seek employment;
(III) the degree to which the entity
demonstrates relationships with the
surrounding communities, employers,
labor organizations, State boards, local
boards, applicable one-stop centers, and
the State and region in which the center
is located;
(IV) the performance of the entity,
if any, relating to operating or
providing activities described in this
subtitle to a Job Corps center,
including information regarding the
entity in any reports developed by the
Office of Inspector General of the
Department of Labor and the entity's
demonstrated effectiveness in assisting
individuals in achieving the primary
indicators of performance for eligible
youth described in section
116(b)(2)(A)(ii); and
(V) the ability of the entity to
demonstrate a record of successfully
assisting at-risk youth to connect to
the workforce, including providing them
with intensive academics and career and
technical education and training.
(ii) Providers.--In selecting a service
provider for a Job Corps center, the Secretary
shall consider the factors described in clause
(i).
(3) Additional selection factors.--To be eligible to operate
a Job Corps center, an entity shall submit to the Secretary, at
such time and in such manner as the Secretary may require,
information related to additional selection factors, which shall
include the following:
(A) A description of the program activities that
will be offered at the center and how the academics and
career and technical education and training reflect
State and local employment opportunities, including
opportunities in in-demand industry sectors and
occupations recommended by the workforce council under
section 154(c)(2)(A).
(B) A description of the counseling, placement, and
support activities that will be offered at the center,
including a description of the strategies and procedures
the entity will use to place graduates into unsubsidized
[[Page 128 STAT. 1544]]
employment or education leading to a recognized
postsecondary credential upon completion of the program.
(C) A description of the demonstrated record of
effectiveness that the entity has in placing at-risk
youth into employment and postsecondary education,
including past performance of operating a Job Corps
center under this subtitle or subtitle C of title I of
the Workforce Investment Act of 1998, and as
appropriate, the entity's demonstrated effectiveness in
assisting individuals in achieving the indicators of
performance for eligible youth described in section
116(b)(2)(A)(ii).
(D) A description of the relationships that the
entity has developed with State boards, local boards,
applicable one-stop centers, employers, labor
organizations, State and local educational agencies, and
the surrounding communities in which the center is
located, in an effort to promote a comprehensive
statewide workforce development system.
(E) A description of the entity's ability to
coordinate the activities carried out through the Job
Corps center with activities carried out under the
appropriate State plan and local plans.
(F) A description of the strong fiscal controls the
entity has in place to ensure proper accounting of
Federal funds, and a description of how the entity will
meet the requirements of section 159(a).
(G) A description of the steps to be taken to
control costs in accordance with section 159(a)(3).
(H) A detailed budget of the activities that will be
supported using funds under this subtitle and non-
Federal resources.
(I) An assurance the entity is licensed to operate
in the State in which the center is located.
(J) An assurance the entity will comply with basic
health and safety codes, which shall include the
disciplinary measures described in section 152(b).
(K) Any other information on additional selection
factors that the Secretary may require.
(b) High-performing Centers.--
(1) <<NOTE: Applicability.>> In general.--If an entity
meets the requirements described in paragraph (2) as applied to
a particular Job Corps center, such entity shall be allowed to
compete in any competitive selection process carried out for an
award to operate such center.
(2) High performance.--An entity shall be considered to be
an operator of a high-performing center if the Job Corps center
operated by the entity--
(A) is ranked among the top 20 percent of Job Corps
centers for the most recent preceding program year; and
(B) <<NOTE: Time periods.>> meets the expected
levels of performance established under section
159(c)(1) and, with respect to each of the primary
indicators of performance for eligible youth described
in section 116(b)(2)(A)(ii)--
(i) for the period of the most recent
preceding 3 program years for which information is
available at the time the determination is made,
achieved an average of 100 percent, or higher, of
the expected level
[[Page 128 STAT. 1545]]
of performance established under section 159(c)(1)
for the indicator; and
(ii) for the most recent preceding program
year for which information is available at the
time the determination is made, achieved 100
percent, or higher, of the expected level of
performance established under such section for the
indicator.
(3) Transition.--If any of the program years described in
paragraph (2)(B) precedes the implementation of the
establishment of expected levels of performance under section
159(c) and the application of the primary indicators of
performance for eligible youth described in section
116(b)(2)(A)(ii), an entity shall be considered an operator of a
high-performing center during that period if the Job Corps
center operated by the entity--
(A) <<NOTE: Time periods.>> meets the requirements
of paragraph (2)(B) with respect to such preceding
program years using the performance of the Job Corps
center regarding the national goals or targets
established by the Office of the Job Corps under the
previous performance accountability system for--
(i) the 6-month follow-up placement rate of
graduates in employment, the military, education,
or training;
(ii) the 12-month follow-up placement rate of
graduates in employment, the military, education,
or training;
(iii) the 6-month follow-up average weekly
earnings of graduates;
(iv) the rate of attainment of secondary
school diplomas or their recognized equivalent;
(v) the rate of attainment of completion
certificates for career and technical training;
(vi) average literacy gains; and
(vii) average numeracy gains; or
(B) is ranked among the top 5 percent of Job Corps
centers for the most recent preceding program year.
(c) Character and Activities.--Job Corps centers may be residential
or nonresidential in character, and shall be designed and operated so as
to provide enrollees, in a well-supervised setting, with access to
activities described in this subtitle. In any year, no more than 20
percent of the individuals enrolled in the Job Corps may be
nonresidential participants in the Job Corps.
(d) Civilian Conservation Centers.--
(1) <<NOTE: Contracts. Urban and rural areas.>> In
general.--The Job Corps centers may include Civilian
Conservation Centers, operated under an agreement between the
Secretary of Labor and the Secretary of Agriculture, that are
located primarily in rural areas. Such centers shall provide, in
addition to academics, career and technical education and
training, and workforce preparation skills training, programs of
work experience to conserve, develop, or manage public natural
resources or public recreational areas or to develop community
projects in the public interest.
(2) Assistance during disasters.--Enrollees in Civilian
Conservation Centers may provide assistance in addressing
national, State, and local disasters, consistent with current
child labor laws (including regulations). The Secretary of
Agriculture shall ensure that with respect to the provision of
such
[[Page 128 STAT. 1546]]
assistance the enrollees are properly trained, equipped,
supervised, and dispatched consistent with standards for the
conservation and rehabilitation of wildlife established under
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
(3) <<NOTE: Designation.>> National liaison.--The Secretary
of Agriculture shall designate a Job Corps National Liaison to
support the agreement under this section between the Departments
of Labor and Agriculture.
(e) Indian Tribes.--
(1) General authority.--The Secretary may enter into
agreements with Indian tribes to operate Job Corps centers for
Indians.
(2) Definitions.--In this subsection, the terms ``Indian''
and ``Indian tribe'' have the meanings given such terms in
subsections (d) and (e), respectively, of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(f) <<NOTE: Time periods.>> Length of Agreement.--The agreement
described in subsection (a)(1)(A) shall be for not more than a 2-year
period. The Secretary may exercise any contractual option to renew the
agreement in 1-year increments for not more than 3 additional years,
consistent with the requirements of subsection (g).
(g) <<NOTE: Time periods.>> Renewal Conditions.--
(1) In general.--Subject to paragraph (2), the Secretary
shall not renew the terms of an agreement for any 1-year
additional period described in subsection (f) for an entity to
operate a particular Job Corps center if, for both of the 2 most
recent preceding program years for which information is
available at the time the determination is made, or if a second
program year is not available, the preceding year for which
information is available, such center--
(A) has been ranked in the lowest 10 percent of Job
Corps centers; and
(B) failed to achieve an average of 50 percent or
higher of the expected level of performance under
section 159(c)(1) with respect to each of the primary
indicators of performance for eligible youth described
in section 116(b)(2)(A)(ii).
(2) <<NOTE: Determination.>> Exception.--Notwithstanding
paragraph (1), the Secretary may exercise an option to renew the
agreement for no more than 2 additional years if the Secretary
determines such renewal would be in the best interest of the Job
Corps program, taking into account factors including--
(A) significant improvements in program performance
in carrying out a performance improvement plan under
section 159(f)(2);
(B) that the performance is due to circumstances
beyond the control of the entity, such as an emergency
or disaster, as defined in section 170(a)(1);
(C) a significant disruption in the operations of
the center, including in the ability to continue to
provide services to students, or significant increase in
the cost of such operations; or
(D) a significant disruption in the procurement
process with respect to carrying out a competition for
the selection of a center operator.
(3) Detailed explanation.--If the Secretary exercises an
option under paragraph (2), the Secretary shall provide, to
[[Page 128 STAT. 1547]]
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, a detailed explanation of the
rationale for exercising such option.
(4) Additional considerations.--The Secretary shall only
renew the agreement of an entity to operate a Job Corps center
if the entity--
(A) has a satisfactory record of integrity and
business ethics;
(B) has adequate financial resources to perform the
agreement;
(C) has the necessary organization, experience,
accounting and operational controls, and technical
skills; and
(D) is otherwise qualified and eligible under
applicable laws and regulations, including that the
contractor is not under suspension or debarred from
eligibility for Federal contracts.
SEC. 148. <<NOTE: 29 USC 3198.>> PROGRAM ACTIVITIES.
(a) Activities Provided by Job Corps Centers.--
(1) In general.--Each Job Corps center shall provide
enrollees with an intensive, well organized, and fully
supervised program of education, including English language
acquisition programs, career and technical education and
training, work experience, work-based learning, recreational
activities, physical rehabilitation and development, driver's
education, and counseling, which may include information about
financial literacy. Each Job Corps center shall provide
enrollees assigned to the center with access to career services
described in clauses (i) through (xi) of section 134(c)(2)(A).
(2) Relationship to opportunities.--The activities provided
under this subsection shall be targeted to helping enrollees, on
completion of their enrollment--
(A) secure and maintain meaningful unsubsidized
employment;
(B) enroll in and complete secondary education or
postsecondary education or training programs, including
other suitable career and technical education and
training, and apprenticeship programs; or
(C) satisfy Armed Forces requirements.
(3) Link to employment opportunities.--The career and
technical education and training provided shall be linked to
employment opportunities in in-demand industry sectors and
occupations in the State or local area in which the Job Corps
center is located and, to the extent practicable, in the State
or local area in which the enrollee intends to seek employment
after graduation.
(b) Academic and Career and Technical Education and Training.--The
Secretary may arrange for career and technical education and training of
enrollees through local public or private educational agencies, career
and technical educational institutions, technical institutes, or
national service providers, whenever such entities provide education and
training substantially equivalent in cost and quality to that which the
Secretary could provide through other means.
(c) Advanced Career Training Programs.--
[[Page 128 STAT. 1548]]
(1) <<NOTE: Time period.>> In general.--The Secretary may
arrange for programs of advanced career training for selected
enrollees in which the enrollees may continue to participate for
a period of not to exceed 1 year in addition to the period of
participation to which the enrollees would otherwise be limited.
The advanced career training may be provided through the
eligible providers of training services identified under section
122.
(2) Benefits.--During the period of participation in an
advanced career training program, an enrollee shall be eligible
for full Job Corps benefits, or a monthly stipend equal to the
average value of the residential support, food, allowances, and
other benefits provided to enrollees assigned to residential Job
Corps centers.
(3) <<NOTE: Standards.>> Demonstration.--The Secretary
shall develop standards by which any operator seeking to enroll
additional enrollees in an advanced career training program
shall demonstrate, before the operator may carry out such
additional enrollment, that--
(A) participants in such program have achieved a
satisfactory rate of completion and placement in
training-related jobs; and
(B) <<NOTE: Time period.>> for the most recently
preceding 2 program years, such operator has, on
average, met or exceeded the expected levels of
performance under section 159(c)(1) for each of the
primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii).
(d) <<NOTE: Time period.>> Graduate Services.--In order to promote
the retention of graduates in employment or postsecondary education, the
Secretary shall arrange for the provision of job placement and support
services to graduates for up to 12 months after the date of graduation.
Multiple resources, including one-stop partners, may support the
provision of these services, including services from the State
vocational rehabilitation agency, to supplement job placement and job
development efforts for Job Corps graduates who are individuals with
disabilities.
(e) Child Care.--The Secretary shall, to the extent practicable,
provide child care at or near Job Corps centers, for individuals who
require child care for their children in order to participate in the Job
Corps.
SEC. 149. <<NOTE: 29 USC 3199.>> COUNSELING AND JOB PLACEMENT.
(a) Assessment and Counseling.--The Secretary shall arrange for
assessment and counseling for each enrollee at regular intervals to
measure progress in the academic and career and technical education and
training programs carried out through the Job Corps.
(b) Placement.--The Secretary shall arrange for assessment and
counseling for enrollees prior to their scheduled graduations to
determine their capabilities and, based on their capabilities, shall
place the enrollees in employment leading to economic self-sufficiency
for which the enrollees are trained or assist the enrollees in
participating in further activities described in this subtitle. In
arranging for the placement of graduates in jobs, the Secretary shall
utilize the one-stop delivery system to the maximum extent practicable.
(c) <<NOTE: Determination.>> Status and Progress.--The Secretary
shall determine the status and progress of enrollees scheduled for
graduation and make
[[Page 128 STAT. 1549]]
every effort to assure that their needs for further activities described
in this subtitle are met.
(d) Services to Former Enrollees.--The Secretary may provide such
services as the Secretary determines to be appropriate under this
subtitle to former enrollees.
SEC. 150. <<NOTE: 29 USC 3200.>> SUPPORT.
(a) Personal Allowances.--The Secretary may provide enrollees
assigned to Job Corps centers with such personal allowances as the
Secretary may determine to be necessary or appropriate to meet the needs
of the enrollees.
(b) Transition Allowances.--The Secretary shall arrange for a
transition allowance to be paid to graduates. The transition allowance
shall be incentive-based to reflect a graduate's completion of academic,
career and technical education or training, and attainment of recognized
postsecondary credentials.
(c) <<NOTE: Time period.>> Transition Support.--The Secretary may
arrange for the provision of 3 months of employment services for former
enrollees.
SEC. 151. <<NOTE: 29 USC 3201.>> OPERATIONS.
(a) Operating Plan.--The provisions of the contract between the
Secretary and an entity selected to operate a Job Corps center shall, at
a minimum, serve as an operating plan for the Job Corps center.
(b) Additional Information.--The Secretary may require the operator,
in order to remain eligible to operate the Job Corps center, to submit
such additional information as the Secretary may require, which shall be
considered part of the operating plan.
(c) <<NOTE: Public information.>> Availability.--The Secretary
shall make the operating plan described in subsections (a) and (b),
excluding any proprietary information, available to the public.
SEC. 152. <<NOTE: 29 USC 3202.>> STANDARDS OF CONDUCT.
(a) Provision and Enforcement.--The Secretary shall provide, and
directors of Job Corps centers shall stringently enforce, standards of
conduct within the centers. Such standards of conduct shall include
provisions forbidding the actions described in subsection (b)(2)(A).
(b) Disciplinary Measures.--
(1) In general.--To promote the proper behavioral standards
in the Job Corps, the directors of Job Corps centers shall have
the authority to take appropriate disciplinary measures against
enrollees if such a director determines that an enrollee has
committed a violation of the standards of conduct. The director
shall dismiss the enrollee from the Job Corps if the director
determines that the retention of the enrollee in the Job Corps
will jeopardize the enforcement of such standards, threaten the
safety of staff, students, or the local community, or diminish
the opportunities of other enrollees.
(2) Zero tolerance policy and drug testing.--
(A) Guidelines.--The Secretary shall adopt
guidelines establishing a zero tolerance policy for an
act of violence, for use, sale, or possession of a
controlled substance, for abuse of alcohol, or for other
illegal or disruptive activity.
(B) Drug testing.--The Secretary shall require drug
testing of all enrollees for controlled substances in
accordance with procedures prescribed by the Secretary
under section 145(a).
[[Page 128 STAT. 1550]]
(C) Definitions.--In this paragraph:
(i) Controlled substance.--The term
``controlled substance'' has the meaning given the
term in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
(ii) Zero tolerance policy.--The term ``zero
tolerance policy'' means a policy under which an
enrollee shall be automatically dismissed from the
Job Corps after a determination by the director
that the enrollee has carried out an action
described in subparagraph (A).
(c) Appeal.--A disciplinary measure taken by a director under this
section shall be subject to expeditious appeal in accordance with
procedures established by the Secretary.
SEC. 153. <<NOTE: 29 USC 3203.>> COMMUNITY PARTICIPATION.
(a) Business and Community Participation.--The director of each Job
Corps center shall ensure the establishment and development of the
mutually beneficial business and community relationships and networks
described in subsection (b), including the use of local boards, in order
to enhance the effectiveness of such centers.
(b) Networks.--The activities carried out by each Job Corps center
under this section shall include--
(1) establishing and developing relationships and networks
with--
(A) local and distant employers, to the extent
practicable, in coordination with entities carrying out
other Federal and non-Federal programs that conduct
similar outreach to employers;
(B) applicable one-stop centers and applicable local
boards, for the purpose of providing--
(i) information to, and referral of, potential
enrollees; and
(ii) job opportunities for Job Corps
graduates; and
(C)(i) entities carrying out relevant apprenticeship
programs and youth programs;
(ii) labor-management organizations and local labor
organizations;
(iii) employers and contractors that support
national training contractor programs; and
(iv) community-based organizations, non-profit
organizations, and intermediaries providing workforce
development-related services; and
(2) establishing and developing relationships with members
of the community in which the Job Corps center is located,
informing members of the community about the projects of the Job
Corps center and changes in the rules, procedures, or activities
of the center that may affect the community, and planning events
of mutual interest to the community and the Job Corps center.
(c) <<NOTE: Time period.>> New Centers.--The director of a Job
Corps center that is not yet operating shall ensure the establishment
and development of the relationships and networks described in
subsection (b) at least 3 months prior to the date on which the center
accepts the first enrollee at the center.
[[Page 128 STAT. 1551]]
SEC. 154. <<NOTE: 29 USC 3204.>> WORKFORCE COUNCILS.
(a) <<NOTE: Establishment. Procedures.>> In General.--Each Job
Corps center shall have a workforce council, appointed by the director
of the center, in accordance with procedures established by the
Secretary.
(b) Workforce Council Composition.--
(1) In general.--A workforce council shall be comprised of--
(A) a majority of members who shall be owners of
business concerns, chief executives or chief operating
officers of nongovernmental employers, or other private
sector employers, who--
(i) have substantial management, hiring, or
policy responsibility; and
(ii) represent businesses with employment
opportunities that reflect the employment
opportunities of the applicable local areas in
which enrollees will be seeking employment;
(B) representatives of labor organizations (where
present) and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) Local board.--The workforce council may include members
of the applicable local boards who meet the requirements
described in paragraph (1).
(3) Employers outside of local area.--The workforce council
for a Job Corps center may include, or otherwise provide for
consultation with, employers from outside the local area who are
likely to hire a significant number of enrollees from the Job
Corps center.
(4) Special rule for single state local areas.--In the case
of a single State local area designated under section 106(d),
the workforce council shall include a representative of the
State Board.
(c) Responsibilities.--The responsibilities of the workforce council
shall be--
(1) to work closely with all applicable local boards in
order to determine, and recommend to the Secretary, appropriate
career and technical education and training for the center;
(2) to review all the relevant labor market information,
including related information in the State plan or the local
plan, to--
(A) recommend the in-demand industry sectors or
occupations in the area in which the Job Corps center
operates;
(B) determine the employment opportunities in the
local areas in which the enrollees intend to seek
employment after graduation;
(C) determine the skills and education that are
necessary to obtain the employment opportunities; and
(D) recommend to the Secretary the type of career
and technical education and training that should be
implemented at the center to enable the enrollees to
obtain the employment opportunities; and
(3) to meet at least once every 6 months to reevaluate the
labor market information, and other relevant information, to
determine, and recommend to the Secretary, any necessary changes
in the career and technical education and training provided at
the center.
[[Page 128 STAT. 1552]]
(d) <<NOTE: Time period.>> New Centers.--The workforce council for
a Job Corps center that is not yet operating shall carry out the
responsibilities described in subsection (c) at least 3 months prior to
the date on which the center accepts the first enrollee at the center.
SEC. 155. <<NOTE: 29 USC 3205.>> ADVISORY COMMITTEES.
The Secretary may establish and use advisory committees in
connection with the operation of the Job Corps program, and the
operation of Job Corps centers, whenever the Secretary determines that
the availability of outside advice and counsel on a regular basis would
be of substantial benefit in identifying and overcoming problems, in
planning program or center development, or in strengthening
relationships between the Job Corps and agencies, institutions, or
groups engaged in related activities.
SEC. 156. <<NOTE: 29 USC 3206.>> EXPERIMENTAL PROJECTS AND
TECHNICAL ASSISTANCE.
(a) Projects.--The Secretary may carry out experimental, research,
or demonstration projects relating to carrying out the Job Corps
program. <<NOTE: Waiver authority. Deadline.>> The Secretary may waive
any provisions of this subtitle that the Secretary finds would prevent
the Secretary from carrying out the projects if the Secretary informs
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, in writing, not less than 90 days in advance of
issuing such waiver.
(b) Technical Assistance.--From the funds provided under section 162
(for the purposes of administration), the Secretary may reserve \1/4\ of
1 percent to provide, directly or through grants, contracts, or other
agreements or arrangements as the Secretary considers appropriate,
technical assistance for the Job Corps program for the purpose of
improving program quality. Such assistance shall include--
(1) assisting Job Corps centers and programs--
(A) in correcting deficiencies under, and violations
of, this subtitle;
(B) in meeting or exceeding the expected levels of
performance under section 159(c)(1) for the indicators
of performance described in section 116(b)(2)(A);
(C) in the development of sound management
practices, including financial management procedures;
and
(2) assisting entities, including entities not currently
operating a Job Corps center, in developing the additional
selection factors information described in section 147(a)(3).
SEC. 157. <<NOTE: 29 USC 3207.>> APPLICATION OF PROVISIONS OF
FEDERAL LAW.
(a) Enrollees Not Considered To Be Federal Employees.--
(1) In general.--Except as otherwise provided in this
subsection and in section 8143(a) of title 5, United States
Code, enrollees shall not be considered to be Federal employees
and shall not be subject to the provisions of law relating to
Federal employment, including such provisions regarding hours of
work, rates of compensation, leave, unemployment compensation,
and Federal employee benefits.
(2) Provisions relating to taxes and social security
benefits.--For purposes of the Internal Revenue Code of 1986 and
title II of the Social Security Act (42 U.S.C. 401 et seq.),
enrollees shall be deemed to be employees of the United States
and any service performed by an individual as an enrollee
[[Page 128 STAT. 1553]]
shall be deemed to be performed in the employ of the United
States.
(3) Provisions relating to compensation to federal employees
for work injuries.--For purposes of subchapter I of chapter 81
of title 5, United States Code (relating to compensation to
Federal employees for work injuries), enrollees shall be deemed
to be civil employees of the Government of the United States
within the meaning of the term ``employee'' as defined in
section 8101 of title 5, United States Code, and the provisions
of such subchapter shall apply as specified in section 8143(a)
of title 5, United States Code.
(4) Federal tort claims provisions.--For purposes of the
Federal tort claims provisions in title 28, United States Code,
enrollees shall be considered to be employees of the Government.
(b) Adjustments and Settlements.--Whenever the Secretary finds a
claim for damages to a person or property resulting from the operation
of the Job Corps to be a proper charge against the United States, and
the claim is not cognizable under section 2672 of title 28, United
States Code, the Secretary may adjust and settle the claim in an amount
not exceeding $1,500.
(c) Personnel of the Uniformed Services.--Personnel of the uniformed
services who are detailed or assigned to duty in the performance of
agreements made by the Secretary for the support of the Job Corps shall
not be counted in computing strength under any law limiting the strength
of such services or in computing the percentage authorized by law for
any grade in such services.
SEC. 158. <<NOTE: 29 USC 3208.>> SPECIAL PROVISIONS.
(a) Enrollment.--The Secretary shall ensure that women and men have
an equal opportunity to participate in the Job Corps program, consistent
with section 145.
(b) Studies, Evaluations, Proposals, and Data.--The Secretary shall
assure that all studies, evaluations, proposals, and data produced or
developed with Federal funds in the course of carrying out the Job Corps
program shall become the property of the United States.
(c) Transfer of Property.--
(1) In general.--Notwithstanding chapter 5 of title 40,
United States Code, and any other provision of law, the
Secretary and the Secretary of Education shall receive priority
by the Secretary of Defense for the direct transfer, on a
nonreimbursable basis, of the property described in paragraph
(2) for use in carrying out programs under this Act or under any
other Act.
(2) <<NOTE: Determination.>> Property.--The property
described in this paragraph is real and personal property under
the control of the Department of Defense that is not used by
such Department, including property that the Secretary of
Defense determines is in excess of current and projected
requirements of such Department.
(d) Gross Receipts.--Transactions conducted by a private for-profit
or nonprofit entity that is an operator or service provider for a Job
Corps center shall not be considered to be generating gross receipts.
Such an operator or service provider shall not be liable, directly or
indirectly, to any State or subdivision of a State (nor to any person
acting on behalf of such a State or subdivision) for any gross receipts
taxes, business privilege taxes measured
[[Page 128 STAT. 1554]]
by gross receipts, or any similar taxes imposed on, or measured by,
gross receipts in connection with any payments made to or by such entity
for operating or providing services to a Job Corps center. Such an
operator or service provider shall not be liable to any State or
subdivision of a State to collect or pay any sales, excise, use, or
similar tax imposed on the sale to or use by such operator or service
provider of any property, service, or other item in connection with the
operation of or provision of services to a Job Corps center.
(e) Management Fee.--The Secretary shall provide each operator and
(in an appropriate case, as determined by the Secretary) service
provider with an equitable and negotiated management fee of not less
than 1 percent of the amount of the funding provided under the
appropriate agreement specified in section 147.
(f) Donations.--The Secretary may accept on behalf of the Job Corps
or individual Job Corps centers charitable donations of cash or other
assistance, including equipment and materials, if such donations are
available for appropriate use for the purposes set forth in this
subtitle.
(g) Sale of Property.--Notwithstanding any other provision of law,
if the Administrator of General Services sells a Job Corps center
facility, the Administrator shall transfer the proceeds from the sale to
the Secretary, who shall use the proceeds to carry out the Job Corps
program.
SEC. 159. <<NOTE: 29 USC 3209.>> MANAGEMENT INFORMATION.
(a) Financial Management Information System.--
(1) <<NOTE: Procedures.>> In general.--The Secretary shall
establish procedures to ensure that each operator, and each
service provider, maintains a financial management information
system that will provide--
(A) accurate, complete, and current disclosures of
the costs of Job Corps operations; and
(B) sufficient data for the effective evaluation of
activities carried out through the Job Corps program.
(2) Accounts.--Each operator and service provider shall
maintain funds received under this subtitle in accounts in a
manner that ensures timely and accurate reporting as required by
the Secretary.
(3) Fiscal responsibility.--Operators shall remain fiscally
responsible and control costs, regardless of whether the funds
made available for Job Corps centers are incrementally increased
or decreased between fiscal years.
(b) Audit.--
(1) Access.--The Secretary, the Inspector General of the
Department of Labor, the Comptroller General of the United
States, and any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of the
operators and service providers described in subsection (a) that
are pertinent to the Job Corps program, for purposes of
conducting surveys, audits, and evaluations of the operators and
service providers.
(2) Surveys, audits, and evaluations.--The Secretary shall
survey, audit, or evaluate, or arrange for the survey, audit, or
evaluation of, the operators and service providers, using
Federal auditors or independent public accountants. <<NOTE: Time
period.>> The
[[Page 128 STAT. 1555]]
Secretary shall conduct such surveys, audits, or evaluations not
less often than once every 3 years.
(c) Information on Indicators of Performance.--
(1) Levels of performance and indicators.--The Secretary
shall annually establish expected levels of performance for a
Job Corps center and the Job Corps program relating to each of
the primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii).
(2) Performance of recruiters.--The Secretary shall also
establish performance indicators, and expected levels of
performance on the performance indicators, for recruitment
service providers serving the Job Corps program. The performance
indicators shall relate to--
(A) the number of enrollees recruited, compared to
the established goals for such recruitment, and the
number of enrollees who remain committed to the program
for 90 days after enrollment; and
(B) the measurements described in subparagraphs (I),
(L), and (M) of subsection (d)(1).
(3) Performance of career transition service providers.--The
Secretary shall also establish performance indicators, and
expected performance levels on the performance indicators, for
career transition service providers serving the Job Corps
program. The performance indicators shall relate to--
(A) the primary indicators of performance for
eligible youth described in section 116(b)(2)(A)(ii);
and
(B) the measurements described in subparagraphs (D),
(E), (H), (J), and (K) of subsection (d)(1).
(4) Report.--The Secretary shall collect, and annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, a report including--
(A) information on the performance of each Job Corps
center, and the Job Corps program, based on the
performance indicators described in paragraph (1), as
compared to the expected level of performance
established under such paragraph for each performance
indicator; and
(B) information on the performance of the service
providers described in paragraphs (2) and (3) on the
performance indicators established under such
paragraphs, as compared to the expected level of
performance established for each performance indicator.
(d) Additional Information.--
(1) In general.--The Secretary shall also collect, and
submit in the report described in subsection (c)(4), information
on the performance of each Job Corps center, and the Job Corps
program, regarding--
(A) the number of enrollees served;
(B) demographic information on the enrollees served,
including age, race, gender, and education and income
level;
(C) the number of graduates of a Job Corps center;
(D) the number of graduates who entered the Armed
Forces;
(E) the number of graduates who entered
apprenticeship programs;
[[Page 128 STAT. 1556]]
(F) the number of graduates who received a regular
secondary school diploma;
(G) the number of graduates who received a State
recognized equivalent of a secondary school diploma;
(H) the number of graduates who entered unsubsidized
employment related to the career and technical education
and training received through the Job Corps program and
the number who entered unsubsidized employment not
related to the education and training received;
(I) the percentage and number of former enrollees,
including the number dismissed under the zero tolerance
policy described in section 152(b);
(J) the percentage and number of graduates who enter
postsecondary education;
(K) the average wage of graduates who enter
unsubsidized employment--
(i) on the first day of such employment; and
(ii) on the day that is 6 months after such
first day;
(L) the percentages of enrollees described in
subparagraphs (A) and (B) of section 145(c)(1), as
compared to the percentage targets established by the
Secretary under such section for the center;
(M) the cost per enrollee, which is calculated by
comparing the number of enrollees at the center in a
program year to the total budget for such center in the
same program year;
(N) the cost per graduate, which is calculated by
comparing the number of graduates of the center in a
program year compared to the total budget for such
center in the same program year; and
(O) any additional information required by the
Secretary.
(2) Rules for reporting of data.--The disaggregation of data
under this subsection shall not be required when the number of
individuals in a category is insufficient to yield statistically
reliable information or when the results would reveal personally
identifiable information about an individual.
(e) Methods.--The Secretary shall collect the information described
in subsections (c) and (d), using methods described in section 116(i)(2)
and consistent with State law, by entering into agreements with the
States to access such data for Job Corps enrollees, former enrollees,
and graduates.
(f) Performance Assessments and Improvements.--
(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based on
the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
(2) <<NOTE: Plan.>> Performance improvement.--With respect
to a Job Corps center that fails to meet the expected levels of
performance relating to the primary indicators of performance
specified in subsection (c)(1), the Secretary shall develop and
implement a performance improvement plan. <<NOTE: Time
period.>> Such a plan shall require action to be taken during a
1-year period, including--
(A) providing technical assistance to the center;
[[Page 128 STAT. 1557]]
(B) changing the career and technical education and
training offered at the center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) Additional performance improvement.--In addition to the
performance improvement plans required under paragraph (2), the
Secretary may develop and implement additional performance
improvement plans. Such a plan shall require improvements,
including the actions described in such paragraph, for a Job
Corps center that fails to meet criteria established by the
Secretary other than the expected levels of performance
described in such paragraph.
(4) <<NOTE: Consultation.>> Civilian conservation
centers.--With respect to a Civilian Conservation Center that
fails to meet the expected levels of performance relating to the
primary indicators of performance specified in subsection (c)(1)
or fails to improve performance as described in paragraph (2)
after 3 program years, the Secretary, in consultation with the
Secretary of Agriculture, shall select an entity to operate the
Civilian Conservation Center on a competitive basis, in
accordance with the requirements of section 147.
(g) Participant Health and Safety.--
(1) <<NOTE: Review.>> Center.--The Secretary shall ensure
that a review by an appropriate Federal, State, or local entity
of the physical condition and health-related activities of each
Job Corps center occurs annually.
(2) <<NOTE: Compliance.>> Work-based learning locations.--
The Secretary shall require that an entity that has entered into
a contract to provide work-based learning activities for any Job
Corps enrollee under this subtitle shall comply with the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) or, as appropriate, under the corresponding State
Occupational Safety and Health Act of 1970 requirements in the
State in which such activities occur.
(h) <<NOTE: Review.>> Buildings and Facilities.--The Secretary
shall collect, and submit in the report described in subsection (c)(4),
information regarding the state of Job Corps buildings and facilities.
Such report shall include--
(1) a review of requested construction, rehabilitation, and
acquisition projects, by each Job Corps center; and
(2) a review of new facilities under construction.
(i) National and Community Service.--The Secretary shall include in
the report described in subsection (c)(4) available information
regarding the national and community service activities of enrollees,
particularly those enrollees at Civilian Conservation Centers.
(j) Closure of Job Corps Center.--Prior to the closure of any Job
Corps center, the Secretary shall ensure--
(1) <<NOTE: Public information. Federal Register,
publication.>> that the proposed decision to close the center
is announced in advance to the general public through
publication in the Federal Register or other appropriate means;
(2) the establishment of a reasonable comment period, not to
exceed 30 days, for interested individuals to submit written
comments to the Secretary; and
[[Page 128 STAT. 1558]]
(3) <<NOTE: Notification.>> that the Member of Congress who
represents the district in which such center is located is
notified within a reasonable period of time in advance of any
final decision to close the center.
SEC. 160. <<NOTE: 29 USC 3210.>> GENERAL PROVISIONS.
The Secretary is authorized to--
(1) <<NOTE: Determination.>> disseminate, with regard to
the provisions of section 3204 of title 39, United States Code,
data and information in such forms as the Secretary shall
determine to be appropriate, to public agencies, private
organizations, and the general public;
(2) subject to section 157(b), collect or compromise all
obligations to or held by the Secretary and exercise all legal
or equitable rights accruing to the Secretary in connection with
the payment of obligations until such time as such obligations
may be referred to the Attorney General for suit or collection;
and
(3) expend funds made available for purposes of this
subtitle--
(A) for printing and binding, in accordance with
applicable law (including regulation); and
(B) without regard to any other law (including
regulation), for rent of buildings and space in
buildings and for repair, alteration, and improvement of
buildings and space in buildings rented by the
Secretary, except that the Secretary shall not expend
funds under the authority of this subparagraph--
(i) except when necessary to obtain an item,
service, or facility, that is required in the
proper administration of this subtitle, and that
otherwise could not be obtained, or could not be
obtained in the quantity or quality needed, or at
the time, in the form, or under the conditions in
which the item, service, or facility is needed;
and
(ii) prior to having given written
notification to the Administrator of General
Services (if the expenditure would affect an
activity that otherwise would be under the
jurisdiction of the General Services
Administration) of the intention of the Secretary
to make the expenditure, and the reasons and
justifications for the expenditure.
SEC. 161. <<NOTE: 29 USC 3211.>> JOB CORPS OVERSIGHT AND
REPORTING.
(a) Temporary Financial Reporting.--
(1) In general.--During the periods described in paragraphs
(2) and (3)(B), the Secretary shall prepare and submit to the
applicable committees financial reports regarding the Job Corps
program under this subtitle. Each such financial report shall
include--
(A) information regarding the implementation of the
financial oversight measures suggested in the May 31,
2013, report of the Office of Inspector General of the
Department of Labor entitled ``The U.S. Department of
Labor's Employment and Training Administration Needs to
Strengthen Controls over Job Corps Funds'';
[[Page 128 STAT. 1559]]
(B) a description of any budgetary shortfalls for
the program for the period covered by the financial
report, and the reasons for such shortfalls; and
(C) a description and explanation for any approval
for contract expenditures that are in excess of the
amounts provided for under the contract.
(2) <<NOTE: Effective date.>> Timing of reports.--The
Secretary shall submit a financial report under paragraph (1)
once every 6 months beginning on the date of enactment of this
Act, for a 3-year period. After the completion of such 3-year
period, the Secretary shall submit a financial report under such
paragraph once a year for the next 2 years, unless additional
reports are required under paragraph (3)(B).
(3) Reporting requirements in cases of budgetary
shortfalls.--If any financial report required under this
subsection finds that the Job Corps program under this subtitle
has a budgetary shortfall for the period covered by the report,
the Secretary shall--
(A) not later than 90 days after the budgetary
shortfall was identified, submit a report to the
applicable committees explaining how the budgetary
shortfall will be addressed; and
(B) submit an additional financial report under
paragraph (1) for each 6-month period subsequent to the
finding of the budgetary shortfall until the Secretary
demonstrates, through such report, that the Job Corps
program has no budgetary shortfall.
(b) <<NOTE: Deadline.>> Third-party Review.--Every 5 years after
the date of enactment of this Act, the Secretary shall provide for a
third-party review of the Job Corps program under this subtitle that
addresses all of the areas described in subparagraphs (A) through (G) of
section 169(a)(2). The results of the review shall be submitted to the
Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate.
(c) <<NOTE: Deadline. Determination.>> Criteria for Job Corps
Center Closures.--By not later than December 1, 2014, the Secretary
shall establish written criteria that the Secretary shall use to
determine when a Job Corps center supported under this subtitle is to be
closed and how to carry out such closure, and shall submit such criteria
to the applicable committees.
(d) Definition of Applicable Committees.--In this section, the term
``applicable committees'' means--
(1) the Committee on Education and the Workforce of the
House of Representatives;
(2) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of
Appropriations of the House of Representatives;
(3) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(4) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of
Appropriations of the Senate.
SEC. 162. <<NOTE: 29 USC 3212.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
[[Page 128 STAT. 1560]]
(1) $1,688,155,000 for fiscal year 2015;
(2) $1,818,548,000 for fiscal year 2016;
(3) $1,856,283,000 for fiscal year 2017;
(4) $1,897,455,000 for fiscal year 2018;
(5) $1,942,064,000 for fiscal year 2019; and
(6) $1,983,236,000 for fiscal year 2020.
Subtitle D--National Programs
SEC. 166. <<NOTE: 29 USC 3221.>> NATIVE AMERICAN PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to support
employment and training activities for Indian, Alaska Native,
and Native Hawaiian individuals in order--
(A) to develop more fully the academic,
occupational, and literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce and to equip them with the entrepreneurial
skills necessary for successful self-employment; and
(C) to promote the economic and social development
of Indian, Alaska Native, and Native Hawaiian
communities in accordance with the goals and values of
such communities.
(2) Indian policy.--All programs assisted under this section
shall be administered in a manner consistent with the principles
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) and the government-to-government
relationship between the Federal Government and Indian tribal
governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native'' includes a
Native and a descendant of a Native, as such terms are defined
in subsections (b) and (r) of section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(b), (r)).
(2) Indian, indian tribe, and tribal organization.--The
terms ``Indian'', ``Indian tribe'', and ``tribal organization''
have the meanings given such terms in subsections (d), (e), and
(l), respectively, of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian and native hawaiian organization.--The
terms ``Native Hawaiian'' and ``Native Hawaiian organization''
have the meanings given such terms in section 7207 of the Native
Hawaiian Education Act (20 U.S.C. 7517).
(c) <<NOTE: Deadline. Grants. Contracts.>> Program Authorized.--
Every 4 years, the Secretary shall, on a competitive basis, make grants
to, or enter into contracts or cooperative agreements with, Indian
tribes, tribal organizations, Alaska Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations to carry
out the authorized activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Funds made available under subsection (c)
shall be used to carry out the activities described in paragraph
(2) that--
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians,
Alaska Natives, or Native Hawaiians preparing to enter,
reenter,
[[Page 128 STAT. 1561]]
or retain unsubsidized employment leading to self-
sufficiency.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under
subsection (c) shall be used for--
(i) comprehensive workforce development
activities for Indians, Alaska Natives, or Native
Hawaiians, including training on entrepreneurial
skills; or
(ii) supplemental services for Indian, Alaska
Native, or Native Hawaiian youth on or near Indian
reservations and in Oklahoma, Alaska, or Hawaii.
(B) Special rule.--Notwithstanding any other
provision of this section, individuals who were eligible
to participate in programs under section 401 of the Job
Training Partnership Act (as such section was in effect
on the day before the date of enactment of the Workforce
Investment Act of 1998) shall be eligible to participate
in an activity assisted under this section.
(e) Program Plan.--In order to receive a grant or enter into a
contract or cooperative agreement under this section, an entity
described in subsection (c) shall submit to the Secretary a program plan
that describes a 4-year strategy for meeting the needs of Indian, Alaska
Native, or Native Hawaiian individuals, as appropriate, in the area
served by such entity. Such plan shall--
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the activities
to be provided will strengthen the ability of the individuals
served to obtain or retain unsubsidized employment leading to
self-sufficiency;
(4) describe the activities to be provided and the manner in
which such activities are to be integrated with other
appropriate activities; and
(5) describe, after the entity submitting the plan consults
with the Secretary, the performance accountability measures to
be used to assess the performance of entities in carrying out
the activities assisted under this section, which shall include
the primary indicators of performance described in section
116(b)(2)(A) and expected levels of performance for such
indicators, in accordance with subsection (h).
(f) Consolidation of Funds.--Each entity receiving assistance under
subsection (c) may consolidate such assistance with assistance received
from related programs in accordance with the provisions of the Indian
Employment, Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.).
(g) Nonduplicative and Nonexclusive Services.--Nothing in this
section shall be construed--
(1) to limit the eligibility of any entity described in
subsection (c) to participate in any activity offered by a State
or local entity under this Act; or
(2) to preclude or discourage any agreement, between any
entity described in subsection (c) and any State or local
entity, to facilitate the provision of services by such entity
or to the population served by such entity.
(h) Performance Accountability Measures.--
[[Page 128 STAT. 1562]]
(1) Additional performance indicators and standards.--
(A) <<NOTE: Consultation. Applicability.>>
Development of indicators and standards.--The Secretary,
in consultation with the Native American Employment and
Training Council, shall develop a set of performance
indicators and standards that is in addition to the
primary indicators of performance described in section
116(b)(2)(A) and that shall be applicable to programs
under this section.
(B) Special considerations.--Such performance
indicators and standards shall take into account--
(i) the purpose of this section as described
in subsection (a)(1);
(ii) the needs of the groups served by this
section, including the differences in needs among
such groups in various geographic service areas;
and
(iii) the economic circumstances of the
communities served, including differences in
circumstances among various geographic service
areas.
(2) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (c) shall reach
agreement on the levels of performance for each of the primary
indicators of performance described in section 116(b)(2)(A),
taking into account economic conditions, characteristics of the
individuals served, and other appropriate factors and using, to
the extent practicable, the statistical adjustment model under
section 116(b)(3)(A)(viii). The levels agreed to shall be the
adjusted levels of performance and shall be incorporated in the
program plan.
(i) Administrative Provisions.--
(1) Organizational unit established.--The Secretary shall
designate a single organizational unit within the Department of
Labor that shall have primary responsibility for the
administration of the activities authorized under this section.
(2) <<NOTE: Consultation.>> Regulations.--The Secretary
shall consult with the entities described in subsection (c) in--
(A) establishing regulations to carry out this
section, including regulations relating to the
performance accountability measures for entities
receiving assistance under this section; and
(B) developing a funding distribution plan that
takes into consideration previous levels of funding
(prior to the date of enactment of this Act) to such
entities.
(3) Waivers.--
(A) In general.--With respect to an entity described
in subsection (c), the Secretary, notwithstanding any
other provision of law, may, pursuant to a request
submitted by such entity that meets the requirements
established under subparagraph (B), waive any of the
statutory or regulatory requirements of this title that
are inconsistent with the specific needs of the entity
described in such subsection, except that the Secretary
may not waive requirements relating to wage and labor
standards, worker rights, participation and protection
of workers and participants, grievance procedures, and
judicial review.
(B) <<NOTE: Plan.>> Request and approval.--An
entity described in subsection (c) that requests a
waiver under subparagraph
[[Page 128 STAT. 1563]]
(A) shall submit a plan to the Secretary to improve the
program of workforce investment activities carried out
by the entity, which plan shall meet the requirements
established by the Secretary and shall be generally
consistent with the requirements of section
189(i)(3)(B).
(4) Advisory council.--
(A) <<NOTE: Establishment. Consultation.>> In
general.--Using funds made available to carry out this
section, the Secretary shall establish a Native American
Employment and Training Council to facilitate the
consultation described in paragraph (2) and to provide
the advice described in subparagraph (C).
(B) Composition.--The Council shall be composed of
individuals, appointed by the Secretary, who are
representatives of the entities described in subsection
(c).
(C) Duties.--The Council shall advise the Secretary
on the operation and administration of the programs
assisted under this section, including the selection of
the individual appointed as head of the unit established
under paragraph (1).
(D) Personnel matters.--
(i) Compensation of members.--Members of the
Council shall serve without compensation.
(ii) Travel expenses.--The members of the
Council shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or
regular places of business in the performance of
services for the Council.
(iii) Administrative support.--The Secretary
shall provide the Council with such administrative
support as may be necessary to perform the
functions of the Council.
(E) Chairperson.--The Council shall select a
chairperson from among its members.
(F) Meetings.--The Council shall meet not less than
twice each year.
(G) Application.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Council.
(5) Technical assistance.--The Secretary, acting through the
unit established under paragraph (1), is authorized to provide
technical assistance to entities described in subsection (c)
that receive assistance under such subsection to enable such
entities to improve the activities authorized under this section
that are provided by such entities.
(6) Agreement for certain federally recognized indian tribes
to transfer funds to the program.--A federally recognized Indian
tribe that administers funds provided under this section and
funds provided by more than one State under other sections of
this title may enter into an agreement with the Secretary and
the Governors of the affected States to transfer the funds
provided by the States to the program administered by the tribe
under this section.
[[Page 128 STAT. 1564]]
(j) <<NOTE: Grants. Contracts.>> Compliance With Single Audit
Requirements; Related Requirement.--Grants made and contracts and
cooperative agreements entered into under this section shall be subject
to the requirements of chapter 75 of subtitle V of title 31, United
States Code, and charging of costs under this section shall be subject
to appropriate circulars issued by the Office of Management and Budget.
(k) Assistance to Unique Populations in Alaska and Hawaii.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary is authorized to award grants, on a competitive
basis, to entities with demonstrated experience and expertise in
developing and implementing programs for the unique populations
who reside in Alaska or Hawaii, including public and private
nonprofit organizations, tribal organizations, American Indian
tribal colleges or universities, institutions of higher
education, or consortia of such organizations or institutions,
to improve job training and workforce investment activities for
such unique populations.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $461,000 for fiscal year 2015;
(B) $497,000 for fiscal year 2016;
(C) $507,000 for fiscal year 2017;
(D) $518,000 for fiscal year 2018;
(E) $530,000 for fiscal year 2019; and
(F) $542,000 for fiscal year 2020.
SEC. 167. <<NOTE: Grants. Contracts. 29 USC 3222. Deadline.>>
MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
(a) In General.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts with,
eligible entities to carry out the activities described in subsection
(d).
(b) Eligible Entities.--To be eligible to receive a grant or enter
into a contract under this section, an entity shall have an
understanding of the problems of eligible migrant and seasonal
farmworkers (including dependents), a familiarity with the area to be
served, and the ability to demonstrate a capacity to administer and
deliver effectively a diversified program of workforce investment
activities (including youth workforce investment activities) and related
assistance for eligible migrant and seasonal farmworkers.
(c) Program Plan.--
(1) In general.--To be eligible to receive a grant or enter
into a contract under this section, an entity described in
subsection (b) shall submit to the Secretary a plan that
describes a 4-year strategy for meeting the needs of eligible
migrant and seasonal farmworkers in the area to be served by
such entity.
(2) Contents.--Such plan shall--
(A) describe the population to be served and
identify the education and employment needs of the
population to be served and the manner in which the
services to be provided will strengthen the ability of
the eligible migrant and seasonal farmworkers and
dependents to obtain or retain unsubsidized employment,
or stabilize their unsubsidized employment, including
upgraded employment in agriculture;
[[Page 128 STAT. 1565]]
(B) describe the related assistance and supportive
services to be provided and the manner in which such
assistance and services are to be integrated and
coordinated with other appropriate services;
(C) describe the performance accountability measures
to be used to assess the performance of such entity in
carrying out the activities assisted under this section,
which shall include the expected levels of performance
for the primary indicators of performance described in
section 116(b)(2)(A);
(D) describe the availability and accessibility of
local resources, such as supportive services, services
provided through one-stop delivery systems, and
education and training services, and how the resources
can be made available to the population to be served;
and
(E) describe the plan for providing services under
this section, including strategies and systems for
outreach, career planning, assessment, and delivery
through one-stop delivery systems.
(3) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (b) shall reach
agreement on the levels of performance for each of the primary
indicators of performance described in section 116(b)(2)(A),
taking into account economic conditions, characteristics of the
individuals served, and other appropriate factors, and using, to
the extent practicable, the statistical adjustment model under
section 116(b)(3)(A)(viii). The levels agreed to shall be the
adjusted levels of performance and shall be incorporated in the
program plan.
(4) Administration.--Grants and contracts awarded under this
section shall be centrally administered by the Department of
Labor and competitively awarded by the Secretary using
procedures consistent with standard Federal Government
competitive procurement policies.
(d) Authorized Activities.--Funds made available under this section
and section 127(a)(1) shall be used to carry out workforce investment
activities (including youth workforce investment activities) and provide
related assistance for eligible migrant and seasonal farmworkers, which
may include--
(1) outreach, employment, training, educational assistance,
literacy assistance, English language and literacy instruction,
pesticide and worker safety training, housing (including
permanent housing), supportive services, and school dropout
prevention and recovery activities;
(2) followup services for those individuals placed in
employment;
(3) self-employment and related business or micro-enterprise
development or education as needed by eligible individuals as
identified pursuant to the plan required by subsection (c);
(4) customized career and technical education in occupations
that will lead to higher wages, enhanced benefits, and long-term
employment in agriculture or another area; and
(5) technical assistance to improve coordination of services
and implement best practices relating to service delivery
through one-stop delivery systems.
(e) Consultation With Governors and Local Boards.--In making grants
and entering into contracts under this section, the
[[Page 128 STAT. 1566]]
Secretary shall consult with the Governors and local boards of the
States in which the eligible entities will carry out the activities
described in subsection (d).
(f) <<NOTE: Consultation.>> Regulations.--The Secretary shall
consult with eligible migrant and seasonal farmworkers groups and States
in establishing regulations to carry out this section, including
regulations relating to how economic and demographic barriers to
employment of eligible migrant and seasonal farmworkers should be
considered and included in the negotiations leading to the adjusted
levels of performance described in subsection (c)(3).
(g) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts entered into under this section
shall be subject to the requirements of chapter 75 of subtitle V of
title 31, United States Code and charging of costs under this section
shall be subject to appropriate circulars issued by the Office of
Management and Budget.
(h) Funding Allocation.--From the funds appropriated and made
available to carry out this section, the Secretary shall reserve not
more than 1 percent for discretionary purposes, such as providing
technical assistance to eligible entities.
(i) Definitions.--In this section:
(1) Eligible migrant and seasonal farmworkers.--The term
``eligible migrant and seasonal farmworkers'' means individuals
who are eligible migrant farmworkers or are eligible seasonal
farmworkers.
(2) Eligible migrant farmworker.--The term ``eligible
migrant farmworker'' means--
(A) an eligible seasonal farmworker described in
paragraph (3)(A) whose agricultural labor requires
travel to a job site such that the farmworker is unable
to return to a permanent place of residence within the
same day; and
(B) a dependent of the farmworker described in
subparagraph (A).
(3) Eligible seasonal farmworker.--The term ``eligible
seasonal farmworker'' means--
(A) a low-income individual who--
(i) for 12 consecutive months out of the 24
months prior to application for the program
involved, has been primarily employed in
agricultural or fish farming labor that is
characterized by chronic unemployment or
underemployment; and
(ii) faces multiple barriers to economic self-
sufficiency; and
(B) a dependent of the person described in
subparagraph (A).
SEC. 168. <<NOTE: 29 USC 3223.>> TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--
(1) In general.--The Secretary shall ensure that the
Department has sufficient capacity to, and does, provide,
coordinate, and support the development of, appropriate
training, technical assistance, staff development, and other
activities, including--
(A) assistance in replicating programs of
demonstrated effectiveness, to States and localities;
[[Page 128 STAT. 1567]]
(B) the training of staff providing rapid response
services;
(C) the training of other staff of recipients of
funds under this title, including the staff of local
boards and State boards;
(D) the training of members of State boards and
local boards;
(E) assistance in the development and implementation
of integrated, technology-enabled intake and case
management information systems for programs carried out
under this Act and programs carried out by one-stop
partners, such as standard sets of technical
requirements for the systems, offering interfaces that
States could use in conjunction with their current (as
of the first date of implementation of the systems)
intake and case management information systems that
would facilitate shared registration across programs;
(F) assistance regarding accounting and program
operations to States and localities (when such
assistance would not supplant assistance provided by the
State);
(G) peer review activities under this title; and
(H) in particular, assistance to States in making
transitions to implement the provisions of this Act.
(2) Form of assistance.--
(A) <<NOTE: Consultation.>> In general.--In order
to carry out paragraph (1) on behalf of a State or
recipient of financial assistance under section 166 or
167, the Secretary, after consultation with the State or
grant recipient, may award grants or enter into
contracts or cooperative agreements.
(B) <<NOTE: Grants. Contracts.>> Limitation.--
Grants or contracts awarded under paragraph (1) to
entities other than States or local units of government
that are for amounts in excess of $100,000 shall only be
awarded on a competitive basis.
(b) Dislocated Worker Technical Assistance.--
(1) Authority.--Of the amounts available pursuant to section
132(a)(2)(A), the Secretary shall reserve not more than 5
percent of such amounts to provide technical assistance to
States that do not meet the State performance accountability
measures for the primary indicators of performance described in
section 116(b)(2)(A)(i) with respect to employment and training
activities for dislocated workers. Using such reserved funds,
the Secretary may provide such assistance to other States, local
areas, and other entities involved in providing assistance to
dislocated workers, to promote the continuous improvement of
assistance provided to dislocated workers, under this title.
(2) Training.--Amounts reserved under this subsection may be
used to provide for the training of staff, including
specialists, who provide rapid response services. Such training
shall include instruction in proven methods of promoting,
establishing, and assisting labor-management committees. Such
projects shall be administered through the Employment and
Training Administration of the Department.
(c) Promising and Proven Practices Coordination.--The Secretary
shall--
(1) establish a system through which States may share
information regarding promising and proven practices with
[[Page 128 STAT. 1568]]
regard to the operation of workforce investment activities under
this Act;
(2) <<NOTE: Evaluation.>> evaluate and disseminate
information regarding such promising and proven practices and
identify knowledge gaps; and
(3) <<NOTE: Research.>> commission research under section
169(b) to address knowledge gaps identified under paragraph (2).
SEC. 169. <<NOTE: 29 USC 3224.>> EVALUATIONS AND RESEARCH.
(a) Evaluations.--
(1) Evaluations of programs and activities carried out under
this title.--
(A) In general.--For the purpose of improving the
management and effectiveness of programs and activities
carried out under this title, the Secretary, through
grants, contracts, or cooperative agreements, shall
provide for the continuing evaluation of the programs
and activities under this title, including those
programs and activities carried out under this section.
(B) Periodic independent evaluation.--The
evaluations carried out under this paragraph shall
include an independent evaluation, at least once every 4
years, of the programs and activities carried out under
this title.
(2) Evaluation subjects.--Each evaluation carried out under
paragraph (1) shall address--
(A) the general effectiveness of such programs and
activities in relation to their cost, including the
extent to which the programs and activities--
(i) improve the employment competencies of
participants in comparison to comparably-situated
individuals who did not participate in such
programs and activities; and
(ii) to the extent feasible, increase the
level of total employment over the level that
would have existed in the absence of such programs
and activities;
(B) the effectiveness of the performance
accountability measures relating to such programs and
activities;
(C) the effectiveness of the structure and
mechanisms for delivery of services through such
programs and activities, including the coordination and
integration of services through such programs and
activities;
(D) the impact of such programs and activities on
the community, businesses, and participants involved;
(E) the impact of such programs and activities on
related programs and activities;
(F) the extent to which such programs and activities
meet the needs of various demographic groups; and
(G) such other factors as may be appropriate.
(3) Evaluations of other programs and activities.--The
Secretary may conduct evaluations of other federally funded
employment-related programs and activities under other
provisions of law.
(4) Techniques.--Evaluations conducted under this subsection
shall utilize appropriate and rigorous methodology and research
designs, including the use of control groups chosen by
scientific random assignment methodologies. The Secretary shall
conduct at least 1 multisite control group evaluation under
[[Page 128 STAT. 1569]]
this subsection by the end of fiscal year 2019, and thereafter
shall ensure that such an analysis is included in the
independent evaluation described in paragraph (1)(B) that is
conducted at least once every 4 years.
(5) Reports.--The entity carrying out an evaluation
described in paragraph (1) or (2) shall prepare and submit to
the Secretary a draft report and a final report containing the
results of the evaluation.
(6) Reports to congress.--Not later than 30 days after the
completion of a draft report under paragraph (5), the Secretary
shall transmit the draft report to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate. Not later than 60 days after the completion of a final
report under such paragraph, the Secretary shall transmit the
final report to such committees.
(7) <<NOTE: Deadline.>> Public availability.--Not later
than 30 days after the date the Secretary transmits the final
report as described in paragraph (6), the Secretary shall make
that final report available to the general public on the
Internet, on the Web site of the Department of Labor.
(8) <<NOTE: Time period. Effective date.>> Publication of
reports.--If an entity that enters into a contract or other
arrangement with the Secretary to conduct an evaluation of a
program or activity under this subsection requests permission
from the Secretary to publish a report resulting from the
evaluation, such entity may publish the report unless the
Secretary denies the request during the 90-day period beginning
on the date the Secretary receives such request.
(9) Coordination.--The Secretary shall ensure the
coordination of evaluations carried out by States pursuant to
section 116(e) with the evaluations carried out under this
subsection.
(b) Research, Studies, and Multistate Projects.--
(1) <<NOTE: Consultation. Time periods. Federal Register,
publication. Plan.>> In general.--After consultation with
States, localities, and other interested parties, the Secretary
shall, every 2 years, publish in the Federal Register, a plan
that describes the research, studies, and multistate project
priorities of the Department of Labor concerning employment and
training for the 5-year period following the submission of the
plan. The plan shall be consistent with the purposes of this
title, including the purpose of aligning and coordinating core
programs with other one-stop partner programs. Copies of the
plan shall be transmitted to the Committee on Education and the
Workforce of the House of Representatives, the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Department of Education, and other relevant Federal agencies.
(2) Factors.--The plan published under paragraph (1) shall
contain strategies to address national employment and training
problems and take into account factors such as--
(A) the availability of existing research (as of the
date of the publication);
(B) the need to ensure results that have interstate
validity;
(C) the benefits of economies of scale and the
efficiency of proposed projects; and
[[Page 128 STAT. 1570]]
(D) the likelihood that the results of the projects
will be useful to policymakers and stakeholders in
addressing employment and training problems.
(3) <<NOTE: Grants. Contracts.>> Research projects.--The
Secretary shall, through grants or contracts, carry out research
projects that will contribute to the solution of employment and
training problems in the United States and that are consistent
with the priorities specified in the plan published under
paragraph (1).
(4) Studies and reports.--
(A) Net impact studies and reports.--The Secretary
of Labor, in coordination with the Secretary of
Education and other relevant Federal agencies, may
conduct studies to determine the net impact and best
practices of programs, services, and activities carried
out under this Act.
(B) Study on resources available to assist
disconnected youth.--The Secretary of Labor, in
coordination with the Secretary of Education, may
conduct a study examining the characteristics of
eligible youth that result in such youth being
significantly disconnected from education and workforce
participation, the ways in which such youth could have
greater opportunities for education attainment and
obtaining employment, and the resources available to
assist such youth in obtaining the skills, credentials,
and work experience necessary to become economically
self-sufficient.
(C) Study of effectiveness of workforce development
system in meeting business needs.--Using funds available
to carry out this subsection jointly with funds
available to the Secretary of Commerce, the
Administrator of the Small Business Administration, and
the Secretary of Education, the Secretary of Labor, in
coordination with the Secretary of Commerce, the
Administrator of the Small Business Administration, and
the Secretary of Education, may conduct a study of the
effectiveness of the workforce development system in
meeting the needs of business, such as through the use
of industry or sector partnerships, with particular
attention to the needs of small business, including in
assisting workers to obtain the skills needed to utilize
emerging technologies.
(D) Study on participants entering nontraditional
occupations.--The Secretary of Labor, in coordination
with the Secretary of Education, may conduct a study
examining the number and percentage of individuals who
receive employment and training activities and who enter
nontraditional occupations, successful strategies to
place and support the retention of individuals in
nontraditional employment (such as by providing post-
placement assistance to participants in the form of exit
interviews, mentoring, networking, and leadership
development), and the degree to which recipients of
employment and training activities are informed of the
possibility of, or directed to begin, training or
education needed for entrance into nontraditional
occupations.
(E) Study on performance indicators.--The Secretary
of Labor, in coordination with the Secretary of
Education, may conduct studies to determine the
feasibility
[[Page 128 STAT. 1571]]
of, and potential means to replicate, measuring the
compensation, including the wages, benefits, and other
incentives provided by an employer, received by program
participants by using data other than or in addition to
data available through wage records, for potential use
as a performance indicator.
(F) Study on job training for recipients of public
housing assistance.--The Secretary of Labor, in
coordination with the Secretary of Housing and Urban
Development, may conduct studies to assist public
housing authorities to provide, to recipients of public
housing assistance, job training programs that
successfully upgrade job skills and employment in, and
access to, jobs with opportunity for advancement and
economic self-sufficiency for such recipients.
(G) Study on improving employment prospects for
older individuals.--
The <<NOTE: Coordination.>> Secretary of Labor, in
coordination with the Secretary of Education and the
Secretary of Health and Human Services, may conduct
studies that lead to better design and implementation
of, in conjunction with employers, local boards or State
boards, community colleges or area career and technical
education schools, and other organizations, effective
evidence-based strategies to provide services to workers
who are low-income, low-skilled older individuals that
increase the workers' skills and employment prospects.
(H) Study on prior learning.--The Secretary of
Labor, in coordination with other heads of Federal
agencies, as appropriate, may conduct studies that,
through convening stakeholders from the fields of
education, workforce, business, labor, defense, and
veterans services, and experts in such fields, develop
guidelines for assessing, accounting for, and utilizing
the prior learning of individuals, including dislocated
workers and veterans, in order to provide the
individuals with postsecondary educational credit for
such prior learning that leads to the attainment of a
recognized postsecondary credential identified under
section 122(d) and employment.
(I) Study on career pathways for health care
providers and providers of early education and child
care.--The Secretary of Labor, in coordination with the
Secretary of Education and the Secretary of Health and
Human Services, shall conduct a multistate study to
develop, implement, and build upon career advancement
models and practices for low-wage health care providers
or providers of early education and child care,
including faculty education and distance education
programs.
(J) Study on equivalent pay.--The Secretary shall
conduct a multistate study to develop and disseminate
strategies for ensuring that programs and activities
carried out under this Act are placing individuals in
jobs, education, and training that lead to equivalent
pay for men and women, including strategies to increase
the participation of women in high-wage, high-demand
occupations in which women are underrepresented.
(K) Reports.--The Secretary shall prepare and
disseminate to the Committee on Health, Education,
Labor,
[[Page 128 STAT. 1572]]
and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives, and to the public, including through
electronic means, reports containing the results of the
studies conducted under this paragraph.
(5) Multistate projects.--
(A) Authority.--The Secretary may, through grants or
contracts, carry out multistate projects that require
demonstrated expertise that is available at the national
level to effectively disseminate best practices and
models for implementing employment and training
services, address the specialized employment and
training needs of particular service populations, or
address industry-wide skill shortages, to the extent
such projects are consistent with the priorities
specified in the plan published under paragraph (1).
(B) Design of grants.--Agreements for grants or
contracts awarded under this paragraph shall be designed
to obtain information relating to the provision of
services under different economic conditions or to
various demographic groups in order to provide guidance
at the national and State levels about how best to
administer specific employment and training services.
(6) <<NOTE: Grants. Contracts.>> Limitations.--
(A) Competitive awards.--A grant or contract awarded
for carrying out a project under this subsection in an
amount that exceeds $100,000 shall be awarded only on a
competitive basis, except that a noncompetitive award
may be made in the case of a project that is funded
jointly with other public or private sector entities
that provide a substantial portion of assistance under
the grant or contract for the project.
(B) Time limits.--A grant or contract shall not be
awarded under this subsection to the same organization
for more than 3 consecutive years unless such grant or
contract is competitively reevaluated within such
period.
(C) Peer review.--
(i) In general.--The Secretary shall utilize a
peer review process--
(I) to review and evaluate all
applications for grants in amounts that
exceed $500,000 that are submitted under
this section; and
(II) to review and designate
exemplary and promising programs under
this section.
(ii) Availability of funds.--The Secretary is
authorized to use funds provided under this
section to carry out peer review activities under
this subparagraph.
(D) Priority.--In awarding grants or contracts under
this subsection, priority shall be provided to entities
with recognized expertise in the methods, techniques,
and knowledge of workforce investment activities. The
Secretary shall establish appropriate time limits for
the duration of such projects.
(c) Dislocated Worker Projects.--Of the amount made available
pursuant to section 132(a)(2)(A) for any program year, the Secretary
shall use not more than 10 percent of such amount
[[Page 128 STAT. 1573]]
to carry out demonstration and pilot projects, multiservice projects,
and multistate projects relating to the employment and training needs of
dislocated workers. Of the requirements of this section, such projects
shall be subject only to the provisions relating to review and
evaluation of applications under subsection (b)(6)(C). Such projects may
include demonstration and pilot projects relating to promoting self-
employment, promoting job creation, averting dislocations, assisting
dislocated farmers, assisting dislocated fishermen, and promoting public
works. Such projects shall be administered by the Secretary, acting
through the Assistant Secretary for Employment and Training.
SEC. 170. <<NOTE: 29 USC 3225.>> NATIONAL DISLOCATED WORKER
GRANTS.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or
disaster'' means--
(A) an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122 (1) and (2)); or
(B) an emergency or disaster situation of national
significance that could result in a potentially large
loss of employment, as declared or otherwise recognized
by the chief official of a Federal agency with authority
for or jurisdiction over the Federal response to the
emergency or disaster situation.
(2) Disaster area.--The term ``disaster area'' means an area
that has suffered or in which has occurred an emergency or
disaster.
(b) In General.--
(1) Grants.--The Secretary is authorized to award national
dislocated worker grants--
(A) to an entity described in subsection (c)(1)(B)
to provide employment and training assistance to workers
affected by major economic dislocations, such as plant
closures, mass layoffs, or closures and realignments of
military installations;
(B) to provide assistance to--
(i) the Governor of any State within the
boundaries of which is a disaster area, to provide
disaster relief employment in the disaster area;
or
(ii) the Governor of any State to which a
substantial number of workers from an area in
which an emergency or disaster has been declared
or otherwise recognized have relocated;
(C) to provide additional assistance to a State
board or local board for eligible dislocated workers in
a case in which the State board or local board has
expended the funds provided under this section to carry
out activities described in subparagraphs (A) and (B)
and can demonstrate the need for additional funds to
provide appropriate services for such workers, in
accordance with requirements prescribed by the
Secretary; and
(D) to provide additional assistance to a State
board or local board serving an area where--
(i) a higher-than-average demand for
employment and training activities for dislocated
members of the
[[Page 128 STAT. 1574]]
Armed Forces, spouses described in section
3(15)(E), or members of the Armed Forces described
in subsection (c)(2)(A)(iv), exceeds State and
local resources for providing such activities; and
(ii) such activities are to be carried out in
partnership with the Department of Defense and
Department of Veterans Affairs transition
assistance programs.
(2) <<NOTE: Deadline.>> Decisions and obligations.--The
Secretary shall issue a final decision on an application for a
national dislocated worker grant under this subsection not later
than 45 calendar days after receipt of the
application. <<NOTE: Notice. Deadline.>> The Secretary shall
issue a notice of obligation for such grant not later than 10
days after the award of such grant.
(c) Employment and Training Assistance Requirements.--
(1) Grant recipient eligibility.--
(A) Application.--To be eligible to receive a grant
under subsection (b)(1)(A), an entity shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the Secretary
may require.
(B) Eligible entity.--In this paragraph, the term
``entity'' means a State, a local board, an entity
described in section 166(c), an entity determined to be
eligible by the Governor of the State involved, and any
other entity that demonstrates to the Secretary the
capability to effectively respond to the circumstances
relating to particular dislocations.
(2) Participant eligibility.--
(A) In general.--In order to be eligible to receive
employment and training assistance under a national
dislocated worker grant awarded pursuant to subsection
(b)(1)(A), an individual shall be--
(i) a dislocated worker;
(ii) <<NOTE: Time period.>> a civilian
employee of the Department of Defense or the
Department of Energy employed at a military
installation that is being closed, or that will
undergo realignment, within the next 24 months
after the date of the determination of
eligibility;
(iii) <<NOTE: Determination.>> an individual
who is employed in a nonmanagerial position with a
Department of Defense contractor, who is
determined by the Secretary of Defense to be at
risk of termination from employment as a result of
reductions in defense expenditures, and whose
employer is converting operations from defense to
nondefense applications in order to prevent worker
layoffs; or
(iv) a member of the Armed Forces who--
(I) was on active duty or full-time
National Guard duty;
(II)(aa) is involuntarily separated
(as defined in section 1141 of title 10,
United States Code) from active duty or
full-time National Guard duty; or
(bb) is separated from active duty
or full-time National Guard duty
pursuant to a special separation
benefits program under section 1174a of
title
[[Page 128 STAT. 1575]]
10, United States Code, or the voluntary
separation incentive program under
section 1175 of that title;
(III) is not entitled to retired or
retained pay incident to the separation
described in subclause (II); and
(IV) <<NOTE: Time period. Effective
date.>> applies for such employment and
training assistance before the end of
the 180-day period beginning on the date
of that separation.
(B) Retraining assistance.--The individuals
described in subparagraph (A)(iii) shall be eligible for
retraining assistance to upgrade skills by obtaining
marketable skills needed to support the conversion
described in subparagraph (A)(iii).
(C) <<NOTE: Publication.>> Additional
requirements.--The Secretary shall establish and publish
additional requirements related to eligibility for
employment and training assistance under the national
dislocated worker grants to ensure effective use of the
funds available for this purpose.
(D) Definitions.--In this paragraph, the terms
``military installation'' and ``realignment'' have the
meanings given the terms in section 2910 of the Defense
Base Closure and Realignment Act of 1990 (Public Law
101-510; 10 U.S.C. 2687 note).
(d) Disaster Relief Employment Assistance Requirements.--
(1) In general.--Funds made available under subsection
(b)(1)(B)--
(A) shall be used, in coordination with the
Administrator of the Federal Emergency Management
Agency, as applicable, to provide disaster relief
employment on projects that provide food, clothing,
shelter, and other humanitarian assistance for emergency
and disaster victims, and projects regarding demolition,
cleaning, repair, renovation, and reconstruction of
damaged and destroyed structures, facilities, and lands
located within the disaster area and in offshore areas
related to the emergency or disaster;
(B) may be expended through public and private
agencies and organizations engaged in such projects; and
(C) may be expended to provide employment and
training activities.
(2) Eligibility.--An individual shall be eligible to be
offered disaster relief employment under subsection (b)(1)(B) if
such individual--
(A) is a dislocated worker;
(B) is a long-term unemployed individual;
(C) is temporarily or permanently laid off as a
consequence of the emergency or disaster; or
(D) in the case of an individual who is self-
employed, becomes unemployed or significantly
underemployed as a result of the emergency or disaster.
(3) <<NOTE: Time period.>> Limitations on disaster relief
employment.--
(A) In general.--Except as provided in subparagraph
(B), no individual shall be employed under subsection
(b)(1)(B) for more than 12 months for work related to
recovery from a single emergency or disaster.
[[Page 128 STAT. 1576]]
(B) Extension.--At the request of a State, the
Secretary may extend such employment, related to
recovery from a single emergency or disaster involving
the State, for not more than an additional 12 months.
(4) Use of available funds.--Funds made available under
subsection (b)(1)(B) shall be available to assist workers
described in paragraph (2) who are affected by an emergency or
disaster, including workers who have relocated from an area in
which an emergency or disaster has been declared or otherwise
recognized, as
appropriate. <<NOTE: Determination. Notification.>> Under
conditions determined by the Secretary and following
notification to the Secretary, a State may use such funds, that
are appropriated for any fiscal year and available for
expenditure under any grant awarded to the State under this
section, to provide any assistance authorized under this
subsection. Funds used pursuant to the authority provided under
this paragraph shall be subject to the liability and
reimbursement requirements described in paragraph (5).
(5) Liability and reimbursement.--Nothing in this Act shall
be construed to relieve liability, by a responsible party that
is liable under Federal law, for any costs incurred by the
United States under subsection (b)(1)(B) or this subsection,
including the responsibility to provide reimbursement for such
costs to the United States.
SEC. 171. <<NOTE: 29 USC 3226.>> YOUTHBUILD PROGRAM.
(a) Statement of Purpose.--The purposes of this section are--
(1) to enable disadvantaged youth to obtain the education
and employment skills necessary to achieve economic self-
sufficiency in occupations in demand and postsecondary education
and training opportunities;
(2) to provide disadvantaged youth with opportunities for
meaningful work and service to their communities;
(3) to foster the development of employment and leadership
skills and commitment to community development among youth in
low-income communities;
(4) to expand the supply of permanent affordable housing for
homeless individuals and low-income families by utilizing the
energies and talents of disadvantaged youth; and
(5) to improve the quality and energy efficiency of
community and other nonprofit and public facilities, including
those facilities that are used to serve homeless and low-income
families.
(b) Definitions.--In this section:
(1) Adjusted income.--The term ``adjusted income'' has the
meaning given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2) Applicant.--The term ``applicant'' means an eligible
entity that has submitted an application under subsection (c).
(3) Eligible entity.--The term ``eligible entity'' means a
public or private nonprofit agency or organization (including a
consortium of such agencies or organizations), including--
(A) a community-based organization;
(B) a faith-based organization;
(C) an entity carrying out activities under this
title, such as a local board;
(D) a community action agency;
[[Page 128 STAT. 1577]]
(E) a State or local housing development agency;
(F) an Indian tribe or other agency primarily
serving Indians;
(G) a community development corporation;
(H) a State or local youth service or conservation
corps; and
(I) any other entity eligible to provide education
or employment training under a Federal program (other
than the program carried out under this section).
(4) Homeless individual.--The term ``homeless individual''
means a homeless individual (as defined in section 41403(6) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)))
or a homeless child or youth (as defined in section 725(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2))).
(5) Housing development agency.--The term ``housing
development agency'' means any agency of a State or local
government, or any private nonprofit organization, that is
engaged in providing housing for homeless individuals or low-
income families.
(6) Income.--The term ``income'' has the meaning given the
term in section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
(7) Indian; indian tribe.--The terms ``Indian'' and ``Indian
tribe'' have the meanings given such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(8) Low-income family.--The term ``low-income family'' means
a family described in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
(9) Qualified national nonprofit agency.--The term
``qualified national nonprofit agency'' means a nonprofit agency
that--
(A) has significant national experience providing
services consisting of training, information, technical
assistance, and data management to YouthBuild programs
or similar projects; and
(B) has the capacity to provide those services.
(10) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program--
(A) registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
(B) that meets such other criteria as may be
established by the Secretary under this section.
(11) Transitional housing.--The term ``transitional
housing'' has the meaning given the term in section 401(29) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(29)).
(12) Youthbuild program.--The term ``YouthBuild program''
means any program that receives assistance under this section
and provides disadvantaged youth with opportunities for
employment, education, leadership development, and training
through the rehabilitation (which, for purposes of this section,
shall include energy efficiency enhancements) or
[[Page 128 STAT. 1578]]
construction of housing for homeless individuals and low-income
families, and of public facilities.
(c) YouthBuild Grants.--
(1) Amounts of grants.--The Secretary is authorized to make
grants to applicants for the purpose of carrying out YouthBuild
programs approved under this section.
(2) Eligible activities.--An entity that receives a grant
under this subsection shall use the funds made available through
the grant to carry out a YouthBuild program, which may include
the following activities:
(A) Education and workforce investment activities
including--
(i) work experience and skills training
(coordinated, to the maximum extent feasible, with
preapprenticeship and registered apprenticeship
programs) in the activities described in
subparagraphs (B) and (C) related to
rehabilitation or construction, and, if approved
by the Secretary, in additional in-demand industry
sectors or occupations in the region in which the
program operates;
(ii) occupational skills training;
(iii) other paid and unpaid work experiences,
including internships and job shadowing;
(iv) services and activities designed to meet
the educational needs of participants, including--
(I) basic skills instruction and
remedial education;
(II) language instruction
educational programs for participants
who are English language learners;
(III) secondary education services
and activities, including tutoring,
study skills training, and school
dropout prevention and recovery
activities, designed to lead to the
attainment of a secondary school diploma
or its recognized equivalent (including
recognized certificates of attendance or
similar documents for individuals with
disabilities);
(IV) counseling and assistance in
obtaining postsecondary education and
required financial aid; and
(V) alternative secondary school
services;
(v) counseling services and related
activities, such as comprehensive guidance and
counseling on drug and alcohol abuse and referral;
(vi) activities designed to develop employment
and leadership skills, which may include community
service and peer-centered activities encouraging
responsibility and other positive social
behaviors, and activities related to youth policy
committees that participate in decision-making
related to the program;
(vii) supportive services and provision of
need-based stipends necessary to enable
individuals to participate in the program and to
assist individuals, for a period not to exceed 12
months after the completion of training, in
obtaining or retaining employment,
[[Page 128 STAT. 1579]]
or applying for and transitioning to postsecondary
education or training; and
(viii) job search and assistance.
(B) Supervision and training for participants in the
rehabilitation or construction of housing, including
residential housing for homeless individuals or low-
income families, or transitional housing for homeless
individuals, and, if approved by the Secretary, in
additional in-demand industry sectors or occupations in
the region in which the program operates.
(C) Supervision and training for participants--
(i) in the rehabilitation or construction of
community and other public facilities, except that
not more than 15 percent of funds appropriated to
carry out this section may be used for such
supervision and training; and
(ii) if approved by the Secretary, in
additional in-demand industry sectors or
occupations in the region in which the program
operates.
(D) Payment of administrative costs of the
applicant, including recruitment and selection of
participants, except that not more than 10 percent of
the amount of assistance provided under this subsection
to the grant recipient may be used for such costs.
(E) Adult mentoring.
(F) Provision of wages, stipends, or benefits to
participants in the program.
(G) Ongoing training and technical assistance that
are related to developing and carrying out the program.
(H) Follow-up services.
(3) Application.--
(A) Form and procedure.--To be qualified to receive
a grant under this subsection, an eligible entity shall
submit an application at such time, in such manner, and
containing such information as the Secretary may
require.
(B) Minimum requirements.--The Secretary shall
require that the application contain, at a minimum--
(i) labor market information for the labor
market area where the proposed program will be
implemented, including both current data (as of
the date of submission of the application) and
projections on career opportunities in
construction and in-demand industry sectors or
occupations;
(ii) a request for the grant, specifying the
amount of the grant requested and its proposed
uses;
(iii) a description of the applicant and a
statement of its qualifications, including a
description of the applicant's relationship with
local boards, one-stop operators, local unions,
entities carrying out registered apprenticeship
programs, other community groups, and employers,
and the applicant's past experience, if any, with
rehabilitation or construction of housing or
public facilities, and with youth education and
employment training programs;
(iv) a description of the proposed site for
the proposed program;
[[Page 128 STAT. 1580]]
(v) a description of the educational and job
training activities, work opportunities,
postsecondary education and training
opportunities, and other services that will be
provided to participants, and how those
activities, opportunities, and services will
prepare youth for employment in in-demand industry
sectors or occupations in the labor market area
described in clause (i);
(vi)(I) a description of the proposed
activities to be undertaken under the grant
related to rehabilitation or construction, and, in
the case of an applicant requesting approval from
the Secretary to also carry out additional
activities related to in-demand industry sectors
or occupations, a description of such additional
proposed activities; and
(II) the anticipated schedule for carrying out
all activities proposed under subclause (I);
(vii) a description of the manner in which
eligible youth will be recruited and selected as
participants, including a description of
arrangements that will be made with local boards,
one-stop operators, faith- and community-based
organizations, State educational agencies or local
educational agencies (including agencies of Indian
tribes), public assistance agencies, the courts of
jurisdiction, agencies operating shelters for
homeless individuals and other agencies that serve
youth who are homeless individuals, foster care
agencies, and other appropriate public and private
agencies;
(viii) a description of the special outreach
efforts that will be undertaken to recruit
eligible young women (including young women with
dependent children) as participants;
(ix) a description of the specific role of
employers in the proposed program, such as their
role in developing the proposed program and
assisting in service provision and in placement
activities;
(x) a description of how the proposed program
will be coordinated with other Federal, State, and
local activities and activities conducted by
Indian tribes, such as local workforce investment
activities, career and technical education and
training programs, adult and language instruction
educational programs, activities conducted by
public schools, activities conducted by community
colleges, national service programs, and other job
training provided with funds available under this
title;
(xi) assurances that there will be a
sufficient number of adequately trained
supervisory personnel in the proposed program;
(xii) a description of the levels of
performance to be achieved with respect to the
primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii);
(xiii) a description of the applicant's
relationship with local building trade unions
regarding their involvement in training to be
provided through the proposed program, the
relationship of the proposed
[[Page 128 STAT. 1581]]
program to established registered apprenticeship
programs and employers, the ability of the
applicant to grant an industry-recognized
certificate or certification through the program,
and the quality of the program leading to the
certificate or certification;
(xiv) a description of activities that will be
undertaken to develop the leadership skills of
participants;
(xv) a detailed budget and a description of
the system of fiscal controls, and auditing and
accountability procedures, that will be used to
ensure fiscal soundness for the proposed program;
(xvi) a description of the commitments for any
additional resources (in addition to the funds
made available through the grant) to be made
available to the proposed program from--
(I) the applicant;
(II) recipients of other Federal,
State, or local housing and community
development assistance that will sponsor
any part of the rehabilitation or
construction, operation and maintenance,
or other housing and community
development activities undertaken as
part of the proposed program; or
(III) entities carrying out other
Federal, State, or local activities or
activities conducted by Indian tribes,
including career and technical education
and training programs, adult and
language instruction educational
programs, and job training provided with
funds available under this title;
(xvii) information identifying, and a
description of, the financing proposed for any--
(I) rehabilitation of the property
involved;
(II) acquisition of the property; or
(III) construction of the property;
(xviii) information identifying, and a
description of, the entity that will operate and
manage the property;
(xix) information identifying, and a
description of, the data collection systems to be
used;
(xx) <<NOTE: Certification.>> a
certification, by a public official responsible
for the housing strategy for the State or unit of
general local government within which the proposed
program is located, that the proposed program is
consistent with the housing strategy; and
(xxi) <<NOTE: Certification.>> a
certification that the applicant will comply with
the requirements of the Fair Housing Act (42
U.S.C. 3601 et seq.) and will affirmatively
further fair housing.
(4) Selection criteria.--For an applicant to be eligible to
receive a grant under this subsection, the applicant and the
applicant's proposed program shall meet such selection criteria
as the Secretary shall establish under this section, which shall
include criteria relating to--
(A) the qualifications or potential capabilities of
an applicant;
(B) an applicant's potential for developing a
successful YouthBuild program;
[[Page 128 STAT. 1582]]
(C) the need for an applicant's proposed program, as
determined by the degree of economic distress of the
community from which participants would be recruited
(measured by indicators such as poverty, youth
unemployment, and the number of individuals who have
dropped out of secondary school) and of the community in
which the housing and community and public facilities
proposed to be rehabilitated or constructed is located
(measured by indicators such as incidence of
homelessness, shortage of affordable housing, and
poverty);
(D) the commitment of an applicant to providing
skills training, leadership development, and education
to participants;
(E) the focus of a proposed program on preparing
youth for in-demand industry sectors or occupations, or
postsecondary education and training opportunities;
(F) the extent of an applicant's coordination of
activities to be carried out through the proposed
program with local boards, one-stop operators, and one-
stop partners participating in the operation of the one-
stop delivery system involved, or the extent of the
applicant's good faith efforts in achieving such
coordination;
(G) the extent of the applicant's coordination of
activities with public education, criminal justice,
housing and community development, national service, or
postsecondary education or other systems that relate to
the goals of the proposed program;
(H) the extent of an applicant's coordination of
activities with employers in the local area involved;
(I) the extent to which a proposed program provides
for inclusion of tenants who were previously homeless
individuals in the rental housing provided through the
program;
(J) the commitment of additional resources (in
addition to the funds made available through the grant)
to a proposed program by--
(i) an applicant;
(ii) recipients of other Federal, State, or
local housing and community development assistance
who will sponsor any part of the rehabilitation or
construction, operation and maintenance, or other
housing and community development activities
undertaken as part of the proposed program; or
(iii) entities carrying out other Federal,
State, or local activities or activities conducted
by Indian tribes, including career and technical
education and training programs, adult and
language instruction educational programs, and job
training provided with funds available under this
title;
(K) the applicant's potential to serve different
regions, including rural areas and States that have not
previously received grants for YouthBuild programs; and
(L) such other factors as the Secretary determines
to be appropriate for purposes of carrying out the
proposed program in an effective and efficient manner.
(5) <<NOTE: Notification. Deadline.>> Approval.--To the
extent practicable, the Secretary shall notify each applicant,
not later than 5 months after the
[[Page 128 STAT. 1583]]
date of receipt of the application by the Secretary, whether the
application is approved or not approved.
(d) Use of Housing Units.--Residential housing units rehabilitated
or constructed using funds made available under subsection (c), shall be
available solely--
(1) for rental by, or sale to, homeless individuals or low-
income families; or
(2) for use as transitional or permanent housing, for the
purpose of assisting in the movement of homeless individuals to
independent living.
(e) Additional Program Requirements.--
(1) Eligible participants.--
(A) In general.--Except as provided in subparagraph
(B), an individual may participate in a YouthBuild
program only if such individual is--
(i) not less than age 16 and not more than age
24, on the date of enrollment;
(ii) a member of a low-income family, a youth
in foster care (including youth aging out of
foster care), a youth offender, a youth who is an
individual with a disability, a child of
incarcerated parents, or a migrant youth; and
(iii) a school dropout, or an individual who
was a school dropout and has subsequently
reenrolled.
(B) Exception for individuals not meeting income or
educational need requirements.--Not more than 25 percent
of the participants in such program may be individuals
who do not meet the requirements of clause (ii) or (iii)
of subparagraph (A), but who--
(i) are basic skills deficient, despite
attainment of a secondary school diploma or its
recognized equivalent (including recognized
certificates of attendance or similar documents
for individuals with disabilities); or
(ii) have been referred by a local secondary
school for participation in a YouthBuild program
leading to the attainment of a secondary school
diploma.
(2) <<NOTE: Time period.>> Participation limitation.--An
eligible individual selected for participation in a YouthBuild
program shall be offered full-time participation in the program
for a period of not less than 6 months and not more than 24
months.
(3) Minimum time devoted to educational services and
activities.--A YouthBuild program receiving assistance under
subsection (c) shall be structured so that participants in the
program are offered--
(A) education and related services and activities
designed to meet educational needs, such as those
specified in clauses (iv) through (vii) of subsection
(c)(2)(A), during at least 50 percent of the time during
which the participants participate in the program; and
(B) work and skill development activities, such as
those specified in clauses (i), (ii), (iii), and (viii)
of subsection (c)(2)(A), during at least 40 percent of
the time during which the participants participate in
the program.
(4) Authority restriction.--No provision of this section may
be construed to authorize any agency, officer, or employee of
the United States to exercise any direction, supervision,
[[Page 128 STAT. 1584]]
or control over the curriculum, program of instruction,
administration, or personnel of any educational institution
(including a school) or school system, or over the selection of
library resources, textbooks, or other printed or published
instructional materials by any educational institution or school
system.
(5) State and local standards.--All educational programs and
activities supported with funds provided under subsection (c)
shall be consistent with applicable State and local educational
standards. Standards and procedures for the programs and
activities that relate to awarding academic credit for and
certifying educational attainment in such programs and
activities shall be consistent with applicable State and local
educational standards.
(f) Levels of Performance and Indicators.--
(1) In general.--The Secretary shall annually establish
expected levels of performance for YouthBuild programs relating
to each of the primary indicators of performance for eligible
youth activities described in section 116(b)(2)(A)(ii).
(2) Additional indicators.--The Secretary may establish
expected levels of performance for additional indicators for
YouthBuild programs, as the Secretary determines appropriate.
(g) Management and Technical Assistance.--
(1) Secretary assistance.--The Secretary may enter into
contracts with 1 or more entities to provide assistance to the
Secretary in the management, supervision, and coordination of
the program carried out under this section.
(2) Technical assistance.--
(A) Contracts and grants.--The Secretary shall enter
into contracts with or make grants to 1 or more
qualified national nonprofit agencies, in order to
provide training, information, technical assistance,
program evaluation, and data management to recipients of
grants under subsection (c).
(B) Reservation of funds.--Of the amounts available
under subsection (i) to carry out this section for a
fiscal year, the Secretary shall reserve 5 percent to
carry out subparagraph (A).
(3) Capacity building grants.--
(A) In general.--In each fiscal year, the Secretary
may use not more than 3 percent of the amounts available
under subsection (i) to award grants to 1 or more
qualified national nonprofit agencies to pay for the
Federal share of the cost of capacity building
activities.
(B) Federal share.--The Federal share of the cost
described in subparagraph (A) shall be 25 percent. The
non-Federal share shall be provided from private
sources.
(h) Subgrants and Contracts.--Each recipient of a grant under
subsection (c) to carry out a YouthBuild program shall provide the
services and activities described in this section directly or through
subgrants, contracts, or other arrangements with local educational
agencies, institutions of higher education, State or local housing
development agencies, other public agencies, including agencies of
Indian tribes, or private organizations.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $77,534,000 for fiscal year 2015;
(2) $83,523,000 for fiscal year 2016;
[[Page 128 STAT. 1585]]
(3) $85,256,000 for fiscal year 2017;
(4) $87,147,000 for fiscal year 2018;
(5) $89,196,000 for fiscal year 2019; and
(6) $91,087,000 for fiscal year 2020.
SEC. 172. <<NOTE: 29 USC 3227.>> AUTHORIZATION OF APPROPRIATIONS.
(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section)--
(1) $46,082,000 for fiscal year 2015;
(2) $49,641,000 for fiscal year 2016;
(3) $50,671,000 for fiscal year 2017;
(4) $51,795,000 for fiscal year 2018;
(5) $53,013,000 for fiscal year 2019; and
(6) $54,137,000 for fiscal year 2020.
(b) Migrant and Seasonal Farmworker Programs.--There are authorized
to be appropriated to carry out section 167--
(1) $81,896,000 for fiscal year 2015;
(2) $88,222,000 for fiscal year 2016;
(3) $90,052,000 for fiscal year 2017;
(4) $92,050,000 for fiscal year 2018;
(5) $94,214,000 for fiscal year 2019; and
(6) $96,211,000 for fiscal year 2020.
(c) Technical Assistance.--There are authorized to be appropriated
to carry out section 168--
(1) $3,000,000 for fiscal year 2015;
(2) $3,232,000 for fiscal year 2016;
(3) $3,299,000 for fiscal year 2017;
(4) $3,372,000 for fiscal year 2018;
(5) $3,451,000 for fiscal year 2019; and
(6) $3,524,000 for fiscal year 2020.
(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169--
(1) $91,000,000 for fiscal year 2015;
(2) $98,029,000 for fiscal year 2016;
(3) $100,063,000 for fiscal year 2017;
(4) $102,282,000 for fiscal year 2018;
(5) $104,687,000 for fiscal year 2019; and
(6) $106,906,000 for fiscal year 2020.
(e) Assistance for Veterans.--If, as of the date of enactment of
this Act, any unobligated funds appropriated to carry out section 168 of
the Workforce Investment Act of 1998, as in effect on the day before the
date of enactment of this Act, remain available, the Secretary of Labor
shall continue to use such funds to carry out such section, as in effect
on such day, until all of such funds are expended.
(f) Assistance for Eligible Workers.--If, as of the date of
enactment of this Act, any unobligated funds appropriated to carry out
subsections (f) and (g) of section 173 of the Workforce Investment Act
of 1998, as in effect on the day before the date of enactment of this
Act, remain available, the Secretary of Labor shall continue to use such
funds to carry out such subsections, as in effect on such day, until all
of such funds are expended.
[[Page 128 STAT. 1586]]
Subtitle E--Administration
SEC. 181. <<NOTE: 29 USC 3241.>> REQUIREMENTS AND RESTRICTIONS.
(a) Benefits.--
(1) Wages.--
(A) In general.--Individuals in on-the-job training
or individuals employed in activities under this title
shall be compensated at the same rates, including
periodic increases, as trainees or employees who are
similarly situated in similar occupations by the same
employer and who have similar training, experience, and
skills, and such rates shall be in accordance with
applicable law, but in no event less than the higher of
the rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
applicable State or local minimum wage law.
(B) Rule of construction.--The reference in
subparagraph (A) to section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall not be
applicable for individuals in territorial jurisdictions
in which section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) does not apply.
(2) Treatment of allowances, earnings, and payments.--
Allowances, earnings, and payments to individuals participating
in programs under this title shall not be considered as income
for the purposes of determining eligibility for and the amount
of income transfer and in-kind aid furnished under any Federal
or federally assisted program based on need, other than as
provided under the Social Security Act (42 U.S.C. 301 et seq.).
(b) Labor Standards.--
(1) Limitations on activities that impact wages of
employees.--No funds provided under this title shall be used to
pay the wages of incumbent employees during their participation
in economic development activities provided through a statewide
workforce development system.
(2) Displacement.--
(A) Prohibition.--A participant in a program or
activity authorized under this title (referred to in
this section as a ``specified activity'') shall not
displace (including a partial displacement, such as a
reduction in the hours of nonovertime work, wages, or
employment benefits) any currently employed employee (as
of the date of the participation).
(B) Prohibition on impairment of contracts.--A
specified activity shall not impair an existing contract
for services or collective bargaining agreement, and no
such activity that would be inconsistent with the terms
of a collective bargaining agreement shall be undertaken
without the written concurrence of the labor
organization and employer concerned.
(3) Other prohibitions.--A participant in a specified
activity shall not be employed in a job if--
(A) any other individual is on layoff from the same
or any substantially equivalent job;
[[Page 128 STAT. 1587]]
(B) the employer has terminated the employment of
any regular employee or otherwise reduced the workforce
of the employer with the intention of filling the
vacancy so created with the participant; or
(C) the job is created in a promotional line that
will infringe in any way upon the promotional
opportunities of currently employed individuals (as of
the date of the participation).
(4) <<NOTE: Applicability.>> Health and safety.--Health and
safety standards established under Federal and State law
otherwise applicable to working conditions of employees shall be
equally applicable to working conditions of participants engaged
in specified activities. To the extent that a State workers'
compensation law applies, workers' compensation shall be
provided to participants on the same basis as the compensation
is provided to other individuals in the State in similar
employment.
(5) Employment conditions.--Individuals in on-the-job
training or individuals employed in programs and activities
under this title shall be provided benefits and working
conditions at the same level and to the same extent as other
trainees or employees working a similar length of time and doing
the same type of work.
(6) Opportunity to submit comments.--Interested members of
the public, including representatives of businesses and of labor
organizations, shall be provided an opportunity to submit
comments to the Secretary with respect to programs and
activities proposed to be funded under subtitle B.
(7) No impact on union organizing.--Each recipient of funds
under this title shall provide to the Secretary assurances that
none of such funds will be used to assist, promote, or deter
union organizing.
(c) Grievance Procedure.--
(1) In general.--Each State and local area receiving an
allotment or allocation under this title shall establish and
maintain a procedure for grievances or complaints alleging
violations of the requirements of this title from participants
and other interested or affected
parties. <<NOTE: Hearings. Deadline.>> Such procedure shall
include an opportunity for a hearing and be completed within 60
days after the filing of the grievance or complaint.
(2) <<NOTE: Time periods.>> Investigation.--
(A) In general.--The Secretary shall investigate an
allegation of a violation described in paragraph (1)
if--
(i) a decision relating to such violation has
not been reached within 60 days after the date of
the filing of the grievance or complaint and
either party appeals to the Secretary; or
(ii) a decision relating to such violation has
been reached within such 60 days and the party to
which such decision is adverse appeals such
decision to the Secretary.
(B) <<NOTE: Determination.>> Additional
requirement.--The Secretary shall make a final
determination relating to an appeal made under
subparagraph (A) no later than 120 days after receiving
such appeal.
(3) Remedies.--Remedies that may be imposed under this
section for a violation of any requirement of this title shall
be limited--
[[Page 128 STAT. 1588]]
(A) to suspension or termination of payments under
this title;
(B) to prohibition of placement of a participant
with an employer that has violated any requirement under
this title;
(C) where applicable, to reinstatement of an
employee, payment of lost wages and benefits, and
reestablishment of other relevant terms, conditions, and
privileges of employment; and
(D) where appropriate, to other equitable relief.
(4) Rule of construction.--Nothing in paragraph (3) shall be
construed to prohibit a grievant or complainant from pursuing a
remedy authorized under another Federal, State, or local law for
a violation of this title.
(d) Relocation.--
(1) Prohibition on use of funds to encourage or induce
relocation.--No funds provided under this title shall be used,
or proposed for use, to encourage or induce the relocation of a
business or part of a business if such relocation would result
in a loss of employment for any employee of such business at the
original location and such original location is within the
United States.
(2) <<NOTE: Deadline.>> Prohibition on use of funds after
relocation.--No funds provided under this title for an
employment or training activity shall be used for customized or
skill training, on-the-job training, incumbent worker training,
transitional employment, or company-specific assessments of job
applicants or employees, for any business or part of a business
that has relocated, until the date that is 120 days after the
date on which such business commences operations at the new
location, if the relocation of such business or part of a
business results in a loss of employment for any employee of
such business at the original location and such original
location is within the United States.
(3) <<NOTE: Determination.>> Repayment.--If the Secretary
determines that a violation of paragraph (1) or (2) has
occurred, the Secretary shall require the State that has
violated such paragraph (or that has provided funding to an
entity that has violated such paragraph) to repay to the United
States an amount equal to the amount expended in violation of
such paragraph.
(e) Limitation on Use of Funds.--No funds available to carry out an
activity under this title shall be used for employment generating
activities, investment in revolving loan funds, capitalization of
businesses, investment in contract bidding resource centers, economic
development activities, or similar activities, that are not directly
related to training for eligible individuals under this title. No funds
received to carry out an activity under subtitle B shall be used for
foreign travel.
(f) Testing and Sanctioning for Use of Controlled Substances.--
(1) In general.--Notwithstanding any other provision of law,
a State shall not be prohibited by the Federal Government from--
(A) testing participants in programs under subtitle
B for the use of controlled substances; and
(B) sanctioning such participants who test positive
for the use of such controlled substances.
[[Page 128 STAT. 1589]]
(2) Additional requirements.--
(A) Period of sanction.--In sanctioning participants
in a program under subtitle B who test positive for the
use of controlled substances--
(i) with respect to the first occurrence for
which a participant tests positive, a State may
exclude the participant from the program for a
period not to exceed 6 months; and
(ii) with respect to the second occurrence and
each subsequent occurrence for which a participant
tests positive, a State may exclude the
participant from the program for a period not to
exceed 2 years.
(B) Appeal.--The testing of participants and the
imposition of sanctions under this subsection shall be
subject to expeditious appeal in accordance with due
process procedures established by the State.
(C) <<NOTE: Procedures.>> Privacy.--A State shall
establish procedures for testing participants for the
use of controlled substances that ensure a maximum
degree of privacy for the participants.
(3) Funding requirement.--In testing and sanctioning of
participants for the use of controlled substances in accordance
with this subsection, the only Federal funds that a State may
use are the amounts made available for the administration of
statewide workforce investment activities under section
134(a)(3)(B).
(g) Subgrant Authority.--A recipient of grant funds under this title
shall have the authority to enter into subgrants in order to carry out
the grant, subject to such conditions as the Secretary may establish.
SEC. 182. <<NOTE: Grants. 29 USC 3242.>> PROMPT ALLOCATION OF
FUNDS.
(a) Allotments Based on Latest Available Data.--All allotments to
States and grants to outlying areas under this title shall be based on
the latest available data and estimates satisfactory to the Secretary.
All data relating to disadvantaged adults and disadvantaged youth shall
be based on the most recent satisfactory data from the Bureau of the
Census.
(b) Publication in Federal Register Relating to Formula Funds.--
Whenever the Secretary allots funds required to be allotted under this
title, the Secretary shall publish in a timely fashion in the Federal
Register the amount proposed to be distributed to each recipient of the
funds.
(c) <<NOTE: Deadlines.>> Requirement for Funds Distributed by
Formula.--All funds required to be allotted under section 127 or 132
shall be allotted within 45 days after the date of enactment of the Act
appropriating the funds, except that, if such funds are appropriated in
advance as authorized by section 189(g), such funds shall be allotted or
allocated not later than the March 31 preceding the program year for
which such funds are to be available for obligation.
(d) <<NOTE: Deadline.>> Publication in Federal Register Relating to
Discretionary Funds.--Whenever the Secretary utilizes a formula to allot
or allocate funds made available for distribution at the Secretary's
discretion under this title, the Secretary shall, not later than 30 days
prior to such allotment or allocation, publish for comment in the
Federal Register the formula, the rationale for the formula, and the
proposed amounts to be distributed to each
[[Page 128 STAT. 1590]]
State and local area. After consideration of any comments received, the
Secretary shall publish final allotments and allocations in the Federal
Register.
(e) <<NOTE: Deadlines.>> Availability of Funds.--Funds shall be
made available under section 128, and funds shall be made available
under section 133, for a local area not later than 30 days after the
date the funds are made available to the Governor involved, under
section 127 or 132 (as the case may be), or 7 days after the date the
local plan for the area is approved, whichever is later.
SEC. 183. <<NOTE: 29 USC 3243.>> MONITORING.
(a) In General.--The Secretary is authorized to monitor all
recipients of financial assistance under this title to determine whether
the recipients are complying with the provisions of this title,
including the regulations issued under this title.
(b) Investigations.--The Secretary may investigate any matter the
Secretary determines to be necessary to determine the compliance of the
recipients with this title, including the regulations issued under this
title. The investigations authorized by this subsection may include
examining records (including making certified copies of the records),
questioning employees, and entering any premises or onto any site in
which any part of a program or activity of such a recipient is conducted
or in which any of the records of the recipient are kept.
(c) <<NOTE: Applicability.>> Additional Requirement.--For the
purpose of any investigation or hearing conducted under this title by
the Secretary, the provisions of section 9 of the Federal Trade
Commission Act (15 U.S.C. 49) (relating to the attendance of witnesses
and the production of documents) apply to the Secretary, in the same
manner and to the same extent as the provisions apply to the Federal
Trade Commission.
SEC. 184. <<NOTE: 29 USC 3244.>> FISCAL CONTROLS; SANCTIONS.
(a) Establishment of Fiscal Controls by States.--
(1) <<NOTE: Procedures.>> In general.--Each State shall
establish such fiscal control and fund accounting procedures as
may be necessary to assure the proper disbursal of, and
accounting for, Federal funds allocated to local areas under
subtitle B. Such procedures shall ensure that all financial
transactions carried out under subtitle B are conducted and
records maintained in accordance with generally accepted
accounting principles applicable in each State.
(2) Cost principles.--
(A) <<NOTE: Compliance.>> In general.--Each State
(including the Governor of the State), local area
(including the chief elected official for the area), and
provider receiving funds under this title shall comply
with the applicable uniform cost principles included in
appropriate circulars or rules of the Office of
Management and Budget for the type of entity receiving
the funds.
(B) Exception.--The funds made available to a State
for administration of statewide workforce investment
activities in accordance with section 134(a)(3)(B) shall
be allocable to the overall administration of workforce
investment activities, but need not be specifically
allocable to--
(i) the administration of adult employment and
training activities;
[[Page 128 STAT. 1591]]
(ii) the administration of dislocated worker
employment and training activities; or
(iii) the administration of youth workforce
investment activities.
(3) Uniform administrative requirements.--
(A) <<NOTE: Compliance.>> In general.--Each State
(including the Governor of the State), local area
(including the chief elected official for the area), and
provider receiving funds under this title shall comply
with the appropriate uniform administrative requirements
for grants and agreements applicable for the type of
entity receiving the funds, as promulgated in circulars
or rules of the Office of Management and Budget.
(B) <<NOTE: Contracts.>> Additional requirement.--
Procurement transactions under this title between local
boards and units of State or local governments shall be
conducted only on a cost-reimbursable basis.
(4) Monitoring.--Each Governor of a State shall conduct on
an annual basis onsite monitoring of each local area within the
State to ensure compliance with the uniform administrative
requirements referred to in paragraph (3).
(5) <<NOTE: Determination.>> Action by governor.--If the
Governor determines that a local area is not in compliance with
the uniform administrative requirements referred to in paragraph
(3), the Governor shall--
(A) require corrective action to secure prompt
compliance with the requirements; and
(B) impose the sanctions provided under subsection
(b) in the event of failure to take the required
corrective action.
(6) <<NOTE: Deadline.>> Certification.--The Governor shall,
every 2 years, certify to the Secretary that--
(A) the State has implemented the uniform
administrative requirements referred to in paragraph
(3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements
as required under paragraph (4); and
(C) the State has taken appropriate action to secure
compliance with the requirements pursuant to paragraph
(5).
(7) <<NOTE: Determination.>> Action by the secretary.--If
the Secretary determines that the Governor has not fulfilled the
requirements of this subsection, the Secretary shall--
(A) require corrective action to secure prompt
compliance with the requirements of this subsection; and
(B) impose the sanctions provided under subsection
(e) in the event of failure of the Governor to take the
required appropriate action to secure compliance with
the requirements.
(b) Substantial Violation.--
(1) <<NOTE: Determination.>> Action by governor.--If, as a
result of financial and compliance audits or otherwise, the
Governor determines that there is a substantial violation of a
specific provision of this title, and corrective action has not
been taken, the Governor shall--
(A) <<NOTE: Notice.>> issue a notice of intent to
revoke approval of all or part of the local plan
affected; or
(B) <<NOTE: Reorganization plan.>> impose a
reorganization plan, which may include--
[[Page 128 STAT. 1592]]
(i) decertifying the local board involved;
(ii) prohibiting the use of eligible
providers;
(iii) selecting an alternative entity to
administer the program for the local area
involved;
(iv) merging the local area into one or more
other local areas; or
(v) making such other changes as the Secretary
or Governor determines to be necessary to secure
compliance with the provision.
(2) Appeal.--
(A) <<NOTE: Effective date.>> In general.--The
actions taken by the Governor pursuant to subparagraphs
(A) and (B) of paragraph (1) may be appealed to the
Secretary and shall not become effective until--
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) <<NOTE: Deadline.>> Additional requirement.--
The Secretary shall make a final decision under
subparagraph (A) not later than 45 days after the
receipt of the appeal.
(3) Action by the secretary.--If the Governor fails to take
promptly an action required under paragraph (1), the Secretary
shall take such action.
(c) Repayment of Certain Amounts to the United States.--
(1) In general.--Every recipient of funds under this title
shall repay to the United States amounts found not to have been
expended in accordance with this title.
(2) <<NOTE: Determination.>> Offset of repayment amount.--
If the Secretary determines that a State has expended funds
received under this title in a manner contrary to the
requirements of this title, the Secretary may require repayment
by offsetting the amount of such expenditures against any other
amount to which the State is or may be entitled under this
title, except as provided under subsection (d)(1).
(3) Repayment from deduction by state.--If the Secretary
requires a State to repay funds as a result of a determination
that a local area of the State has expended funds in a manner
contrary to the requirements of this title, the Governor of the
State may use an amount deducted under paragraph (4) to repay
the funds, except as provided under subsection (e).
(4) Deduction by state.--The Governor may deduct an amount
equal to the misexpenditure described in paragraph (3) from
subsequent program year (subsequent to the program year for
which the determination was made) allocations to the local area
from funds reserved for the administrative costs of the local
programs involved, as appropriate.
(5) Limitations.--A deduction made by a State as described
in paragraph (4) shall not be made until such time as the
Governor has taken appropriate corrective action to ensure full
compliance with this title within such local area with regard to
appropriate expenditures of funds under this title.
(d) Repayment of Amounts.--
(1) <<NOTE: Determination.>> In general.--Each recipient of
funds under this title shall be liable to repay the amounts
described in subsection (c)(1), from funds other than funds
received under this title, upon a determination by the Secretary
that the misexpenditure of the amounts was due to willful
disregard of the requirements
[[Page 128 STAT. 1593]]
of this title, gross negligence, failure to observe accepted
standards of administration, or a pattern of misexpenditure
described in subsection (c)(1). <<NOTE: Notice.>> No such
determination shall be made under this subsection or subsection
(c) until notice and opportunity for a fair hearing have been
given to the recipient.
(2) <<NOTE: Contracts. Determination.>> Factors in imposing
sanctions.--In determining whether to impose any sanction
authorized by this section against a recipient of funds under
this title for violations of this title (including applicable
regulations) by a subgrantee or contractor of such recipient,
the Secretary shall first determine whether such recipient has
adequately demonstrated that the recipient has--
(A) established and adhered to an appropriate
system, for entering into and monitoring subgrant
agreements and contracts with subgrantees and
contractors, that contains acceptable standards for
ensuring accountability;
(B) entered into a written subgrant agreement or
contract with such a subgrantee or contractor that
established clear goals and obligations in unambiguous
terms;
(C) acted with due diligence to monitor the
implementation of the subgrant agreement or contract,
including carrying out the appropriate monitoring
activities (including audits) at reasonable intervals;
and
(D) taken prompt and appropriate corrective action
upon becoming aware of any evidence of a violation of
this title, including regulations issued under this
title, by such subgrantee or contractor.
(3) Waiver.--If the Secretary determines that the recipient
has demonstrated substantial compliance with the requirements of
paragraph (2), the Secretary may waive the imposition of
sanctions authorized by this section upon such recipient. The
Secretary is authorized to impose any sanction consistent with
the provisions of this title and with any applicable Federal or
State law directly against any subgrantee or contractor for
violation of this title, including regulations issued under this
title.
(e) <<NOTE: Determination.>> Immediate Termination or Suspension of
Assistance in Emergency Situations.--
In <<NOTE: Notice. Deadline.>> emergency situations, if the Secretary
determines it is necessary to protect the integrity of the funds or
ensure the proper operation of the program or activity involved, the
Secretary may immediately terminate or suspend financial assistance, in
whole or in part, to the recipient if the recipient is given prompt
notice and the opportunity for a subsequent hearing within 30 days after
such termination or suspension. The Secretary shall not delegate any of
the functions or authority specified in this subsection, other than to
an officer whose appointment is required to be made by and with the
advice and consent of the Senate.
(f) <<NOTE: Determination. Deadline.>> Discrimination Against
Participants.--If the Secretary determines that any recipient under this
title has discharged or in any other manner discriminated against a
participant or against any individual in connection with the
administration of the program involved, or against any individual
because such individual has filed any complaint or instituted or caused
to be instituted any proceeding under or related to this title, or has
testified or is about to testify in any such proceeding or an
investigation under
[[Page 128 STAT. 1594]]
or related to this title, or otherwise unlawfully denied to any
individual a benefit to which that individual is entitled under the
provisions of this title, including regulations issued under this title,
the Secretary shall, within 30 days, take such action or order such
corrective measures, as necessary, with respect to the recipient or the
aggrieved individual, or both.
(g) Remedies.--The remedies described in this section shall not be
considered to be the exclusive remedies available for violations
described in this section.
SEC. 185. <<NOTE: 29 USC 3245.>> REPORTS; RECORDKEEPING;
INVESTIGATIONS.
(a) Recipient Recordkeeping and Reports.--
(1) In general.--Recipients of funds under this title shall
keep records that are sufficient to permit the preparation of
reports required by this title and to permit the tracing of
funds to a level of expenditure adequate to ensure that the
funds have not been spent unlawfully.
(2) Records and reports regarding general performance.--
Every such recipient shall maintain such records and submit such
reports, in such form and containing such information, as the
Secretary may require regarding the performance of programs and
activities carried out under this title. Such records and
reports shall be submitted to the Secretary but shall not be
required to be submitted more than once each quarter unless
specifically requested by Congress or a committee of Congress,
in which case an estimate regarding such information may be
provided.
(3) Maintenance of standardized records.--In order to allow
for the preparation of the reports required under subsection
(c), such recipients shall maintain standardized records for all
individual participants and provide to the Secretary a
sufficient number of such records to provide for an adequate
analysis of the records.
(4) Availability to the public.--
(A) In general.--Except as provided in subparagraph
(B), records maintained by such recipients pursuant to
this subsection shall be made available to the public
upon request.
(B) Exception.--Subparagraph (A) shall not apply
to--
(i) information, the disclosure of which would
constitute a clearly unwarranted invasion of
personal privacy; and
(ii) trade secrets, or commercial or financial
information, that is--
(I) obtained from a person; and
(II) privileged or confidential.
(C) Fees to recover costs.--Such recipients may
charge fees sufficient to recover costs applicable to
the processing of requests for records under
subparagraph (A).
(b) Investigations of Use of Funds.--
(1) In general.--
(A) Secretary.--In order to evaluate compliance with
the provisions of this title, the Secretary shall
conduct, in several States, in each fiscal year,
investigations of the use of funds received by
recipients under this title.
(B) Comptroller general of the united states.--In
order to ensure compliance with the provisions of this
[[Page 128 STAT. 1595]]
title, the Comptroller General of the United States may
conduct investigations of the use of funds received
under this title by any recipient.
(2) Prohibition.--In conducting any investigation under this
title, the Secretary or the Comptroller General of the United
States may not request the compilation of any information that
the recipient is not otherwise required to compile and that is
not readily available to such recipient.
(3) Audits.--
(A) <<NOTE: Deadline.>> In general.--In carrying
out any audit under this title (other than any initial
audit survey or any audit investigating possible
criminal or fraudulent conduct), either directly or
through grant or contract, the Secretary, the Inspector
General of the Department of Labor, or the Comptroller
General of the United States shall furnish to the State,
recipient, or other entity to be audited, advance
notification of the overall objectives and purposes of
the audit, and any extensive recordkeeping or data
requirements to be met, not later than 14 days (or as
soon as practicable) prior to the commencement of the
audit.
(B) Notification requirement.--If the scope,
objectives, or purposes of the audit change
substantially during the course of the audit, the entity
being audited shall be notified of the change as soon as
practicable.
(C) Additional requirement.--The reports on the
results of such audits shall cite the law, regulation,
policy, or other criteria applicable to any finding
contained in the reports.
(D) Rule of construction.--Nothing contained in this
title shall be construed so as to be inconsistent with
the Inspector General Act of 1978 (5 U.S.C. App.) or
government auditing standards issued by the Comptroller
General of the United States.
(c) <<NOTE: Contracts.>> Grantee Information Responsibilities.--
Each State, each local board, and each recipient (other than a
subrecipient, subgrantee, or contractor of a recipient) receiving funds
under this title--
(1) shall make readily accessible such reports concerning
its operations and expenditures as shall be prescribed by the
Secretary;
(2) <<NOTE: Guidelines.>> shall prescribe and maintain
comparable management information systems, in accordance with
guidelines that shall be prescribed by the Secretary, designed
to facilitate the uniform compilation, cross tabulation, and
analysis of programmatic, participant, and financial data, on
statewide, local area, and other appropriate bases, necessary
for reporting, monitoring, and evaluating purposes, including
data necessary to comply with section 188;
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title; and
(4) shall, to the extent practicable, submit or make
available (including through electronic means) any reports,
records, plans, or any other data that are required to be
submitted or made available, respectively, under this title.
(d) Information To Be Included in Reports.--
[[Page 128 STAT. 1596]]
(1) In general.--The reports required in subsection (c)
shall include information regarding programs and activities
carried out under this title pertaining to--
(A) the relevant demographic characteristics
(including race, ethnicity, sex, and age) and other
related information regarding participants;
(B) the programs and activities in which
participants are enrolled, and the length of time that
participants are engaged in such programs and
activities;
(C) outcomes of the programs and activities for
participants, including the occupations of participants,
and placement for participants in nontraditional
employment;
(D) specified costs of the programs and activities;
and
(E) information necessary to prepare reports to
comply with section 188.
(2) Additional requirement.--The Secretary shall ensure that
all elements of the information required for the reports
described in paragraph (1) are defined and that the information
is reported uniformly.
(e) Quarterly Financial Reports.--
(1) In general.--Each local board in a State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such
reports shall include information identifying all program and
activity costs by cost category in accordance with generally
accepted accounting principles and by year of the appropriation
involved.
(2) Additional requirement.--Each State shall submit to the
Secretary, and the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives, on a quarterly basis, a summary of the reports
submitted to the Governor pursuant to paragraph (1).
(f) Maintenance of Additional Records.--Each State and local board
shall maintain records with respect to programs and activities carried
out under this title that identify--
(1) any income or profits earned, including such income or
profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) Cost Categories.--In requiring entities to maintain records of
costs by cost category under this title, the Secretary shall require
only that the costs be categorized as administrative or programmatic
costs.
SEC. 186. <<NOTE: 29 USC 3246.>> ADMINISTRATIVE ADJUDICATION.
(a) In General.--Whenever any applicant for financial assistance
under this title is dissatisfied because the Secretary has made a
determination not to award financial assistance in whole or in part to
such applicant, the applicant may request a hearing before an
administrative law judge of the Department of Labor. A similar hearing
may also be requested by any recipient for whom a corrective action has
been required or a sanction has been imposed by the Secretary under
section 184.
(b) <<NOTE: Deadlines.>> Appeal.--The decision of the
administrative law judge shall constitute final action by the Secretary
unless, within 20 days
[[Page 128 STAT. 1597]]
after receipt of the decision of the administrative law judge, a party
dissatisfied with the decision or any part of the decision has filed
exceptions with the Secretary specifically identifying the procedure,
fact, law, or policy to which exception is taken. Any exception not
specifically urged during the 20-day period shall be deemed to have been
waived. <<NOTE: Notification.>> After the 20-day period the decision of
the administrative law judge shall become the final decision of the
Secretary unless the Secretary, within 30 days after such filing,
notifies the parties that the case involved has been accepted for
review.
(c) Time Limit.--Any case accepted for review by the Secretary under
subsection (b) shall be decided within 180 days after such acceptance.
If the case is not decided within the 180-day period, the decision of
the administrative law judge shall become the final decision of the
Secretary at the end of the 180-day period.
(d) <<NOTE: Applicability.>> Additional Requirement.--The
provisions of section 187 shall apply to any final action of the
Secretary under this section.
SEC. 187. <<NOTE: 29 USC 3247.>> JUDICIAL REVIEW.
(a) <<NOTE: Deadlines.>> Review.--
(1) Petition.--With respect to any final order by the
Secretary under section 186 by which the Secretary awards,
declines to award, or only conditionally awards, financial
assistance under this title, or any final order of the Secretary
under section 186 with respect to a corrective action or
sanction imposed under section 184, any party to a proceeding
that resulted in such final order may obtain review of such
final order in the United States Court of Appeals having
jurisdiction over the applicant for or recipient of the funds
involved, by filing a review petition within 30 days after the
date of issuance of such final order.
(2) <<NOTE: Records.>> Action on petition.--The clerk of
the court shall transmit a copy of the review petition to the
Secretary, who shall file the record on which the final order
was entered as provided in section 2112 of title 28, United
States Code. The filing of a review petition shall not stay the
order of the Secretary, unless the court orders a stay.
Petitions filed under this subsection shall be heard
expeditiously, if possible within 10 days after the date of
filing of a reply to the petition.
(3) Standard and scope of review.--No objection to the order
of the Secretary shall be considered by the court unless the
objection was specifically urged, in a timely manner, before the
Secretary. The review shall be limited to questions of law and
the findings of fact of the Secretary shall be conclusive if
supported by substantial evidence.
(b) Judgment.--The court shall have jurisdiction to make and enter a
decree affirming, modifying, or setting aside the order of the Secretary
in whole or in part. The judgment of the court regarding the order shall
be final, subject to certiorari review by the Supreme Court as provided
in section 1254(1) of title 28, United States Code.
SEC. 188. <<NOTE: 29 USC 3248.>> NONDISCRIMINATION.
(a) In General.--
(1) Federal financial assistance.--For the purpose of
applying the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.), on the basis of disability under section 504
[[Page 128 STAT. 1598]]
of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis
of sex under title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), or on the basis of race, color, or
national origin under title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), programs and activities funded or
otherwise financially assisted in whole or in part under this
Act are considered to be programs and activities receiving
Federal financial assistance.
(2) Prohibition of discrimination regarding participation,
benefits, and employment.--No individual shall be excluded from
participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration
of or in connection with, any such program or activity because
of race, color, religion, sex (except as otherwise permitted
under title IX of the Education Amendments of 1972), national
origin, age, disability, or political affiliation or belief.
(3) Prohibition on assistance for facilities for sectarian
instruction or religious worship.--Participants shall not be
employed under this title to carry out the construction,
operation, or maintenance of any part of any facility that is
used or to be used for sectarian instruction or as a place for
religious worship (except with respect to the maintenance of a
facility that is not primarily or inherently devoted to
sectarian instruction or religious worship, in a case in which
the organization operating the facility is part of a program or
activity providing services to participants).
(4) Prohibition on discrimination on basis of participant
status.--No person may discriminate against an individual who is
a participant in a program or activity that receives funds under
this title, with respect to the terms and conditions affecting,
or rights provided to, the individual, solely because of the
status of the individual as a participant.
(5) Prohibition on discrimination against certain
noncitizens.--Participation in programs and activities or
receiving funds under this title shall be available to citizens
and nationals of the United States, lawfully admitted permanent
resident aliens, refugees, asylees, and parolees, and other
immigrants authorized by the Attorney General to work in the
United States.
(b) <<NOTE: Notification. Compliance.>> Action of Secretary.--
Whenever the Secretary finds that a State or other recipient of funds
under this title has failed to comply with a provision of law referred
to in subsection (a)(1), or with paragraph (2), (3), (4), or (5) of
subsection (a), including an applicable regulation prescribed to carry
out such provision or paragraph, the Secretary shall notify such State
or recipient and shall request that the State or recipient
comply. <<NOTE: Time period.>> If within a reasonable period of time,
not to exceed 60 days, the State or recipient fails or refuses to
comply, the Secretary may--
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted;
or
(2) take such other action as may be provided by law.
(c) Action of Attorney General.--When a matter is referred to the
Attorney General pursuant to subsection (b)(1), or whenever the Attorney
General has reason to believe that a State or other recipient of funds
under this title is engaged in a pattern or practice of discrimination
in violation of a provision of law referred to
[[Page 128 STAT. 1599]]
in subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5)
of subsection (a), the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
(d) Job Corps.--For the purposes of this section, Job Corps members
shall be considered to be the ultimate beneficiaries of Federal
financial assistance.
(e) <<NOTE: Deadline. Procedures.>> Regulations.--The Secretary
shall issue regulations necessary to implement this section not later
than 1 year after the date of enactment of the Workforce Innovation and
Opportunity Act. Such regulations shall adopt standards for determining
discrimination and procedures for enforcement that are consistent with
the Acts referred to in subsection (a)(1), as well as procedures to
ensure that complaints filed under this section and such Acts are
processed in a manner that avoids duplication of effort.
SEC. 189. <<NOTE: 29 USC 3249.>> SECRETARIAL ADMINISTRATIVE
AUTHORITIES AND RESPONSIBILITIES.
(a) <<NOTE: Federal Register, publication. Time period.>> In
General.--In accordance with chapter 5 of title 5, United States Code,
the Secretary may prescribe rules and regulations to carry out this
title, only to the extent necessary to administer and ensure compliance
with the requirements of this title. Such rules and regulations may
include provisions making adjustments authorized by section 6504 of
title 31, United States Code. All such rules and regulations shall be
published in the Federal Register at least 30 days prior to their
effective dates. Copies of each such rule or regulation shall be
transmitted to the appropriate committees of Congress on the date of
such publication and shall contain, with respect to each material
provision of such rule or regulation, a citation to the particular
substantive section of law that is the basis for the provision.
(b) Acquisition of Certain Property and Services.--The Secretary is
authorized, in carrying out this title, to accept, purchase, or lease in
the name of the Department of Labor, and employ or dispose of in
furtherance of the purposes of this title, any money or property, real,
personal, or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise, and to accept voluntary and uncompensated
services notwithstanding the provisions of section 1342 of title 31,
United States Code.
(c) Authority To Enter Into Certain Agreements and To Make Certain
Expenditures.--The Secretary may make such grants, enter into such
contracts or agreements, establish such procedures, and make such
payments, in installments and in advance or by way of reimbursement, or
otherwise allocate or expend such funds under this title, as may be
necessary to carry out this title, including making expenditures for
construction, repairs, and capital improvements, and including making
necessary adjustments in payments on account of over-payments or
underpayments.
(d) Annual Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate an annual report regarding the programs and activities funded
under this title. The Secretary shall include in such report--
[[Page 128 STAT. 1600]]
(1) a summary of the achievements, failures, and challenges
of the programs and activities in meeting the objectives of this
title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in
the fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
(e) <<NOTE: Applicability.>> Utilization of Services and
Facilities.--The Secretary is authorized, in carrying out this title,
under the same procedures as are applicable under subsection (c) or to
the extent permitted by law other than this title, to accept and use the
services and facilities of departments, agencies, and establishments of
the United States. The Secretary is also authorized, in carrying out
this title, to accept and use the services and facilities of the
agencies of any State or political subdivision of a State, with the
consent of the State or political subdivision.
(f) Obligational Authority.--Notwithstanding any other provision of
this title, the Secretary shall have no authority to enter into
contracts, grant agreements, or other financial assistance agreements
under this title, except to such extent and in such amounts as are
provided in advance in appropriations Acts.
(g) Program Year.--
(1) <<NOTE: Effective dates.>> In general.--
(A) Program year.--Except as provided in
subparagraph (B), appropriations for any fiscal year for
programs and activities funded under this title shall be
available for obligation only on the basis of a program
year. The program year shall begin on July 1 in the
fiscal year for which the appropriation is made.
(B) Youth workforce investment activities.--The
Secretary may make available for obligation, beginning
April 1 of any fiscal year, funds appropriated for such
fiscal year to carry out youth workforce investment
activities under subtitle B and activities under section
171.
(2) Availability.--
(A) In general.--Funds obligated for any program
year for a program or activity funded under subtitle B
may be expended by each State receiving such funds
during that program year and the 2 succeeding program
years. Funds received by local areas from States under
subtitle B during a program year may be expended during
that program year and the succeeding program year.
(B) Certain national activities.--
(i) In general.--Funds obligated for any
program year for any program or activity carried
out under section 169 shall remain available until
expended.
(ii) Incremental funding basis.--A contract or
arrangement entered into under the authority of
subsection (a) or (b) of section 169 (relating to
evaluations, research projects, studies and
reports, and multistate projects), including a
long-term, nonseverable services contract, may be
funded on an incremental basis with annual
appropriations or other available funds.
[[Page 128 STAT. 1601]]
(C) Special rule.--No amount of the funds obligated
for a program year for a program or activity funded
under this title shall be deobligated on account of a
rate of expenditure that is consistent with a State
plan, an operating plan described in section 151, or a
plan, grant agreement, contract, application, or other
agreement described in subtitle D, as appropriate.
(D) Funds for pay-for-performance contract
strategies.--Funds used to carry out pay-for-performance
contract strategies by local areas shall remain
available until expended.
(h) Enforcement of Military Selective Service Act.--The Secretary
shall ensure that each individual participating in any program or
activity established under this title, or receiving any assistance or
benefit under this title, has not violated section 3 of the Military
Selective Service Act (50 U.S.C. App. 453) by not presenting and
submitting to registration as required pursuant to such section. The
Director of the Selective Service System shall cooperate with the
Secretary to enable the Secretary to carry out this subsection.
(i) Waivers.--
(1) <<NOTE: Deadline.>> Special rule regarding designated
areas.--A State that has enacted, not later than December 31,
1997, a State law providing for the designation of service
delivery areas for the delivery of workforce investment
activities, may use such areas as local areas under this title,
notwithstanding section 106.
(2) <<NOTE: Deadline.>> Special rule regarding sanctions.--
A State that has enacted, not later than December 31, 1997, a
State law providing for the sanctioning of such service delivery
areas for failure to meet performance accountability measures
for workforce investment activities, may use the State law to
sanction local areas for failure to meet State performance
accountability measures under this title.
(3) General waivers of statutory or regulatory
requirements.--
(A) <<NOTE: Consultation.>> General authority.--
Notwithstanding any other provision of law, the
Secretary may waive for a State, or a local area in a
State, pursuant to a request submitted by the Governor
of the State (in consultation with appropriate local
elected officials) with a plan that meets the
requirements of subparagraph (B)--
(i) any of the statutory or regulatory
requirements of subtitle A, subtitle B, or this
subtitle (except for requirements relating to wage
and labor standards, including nondisplacement
protections, worker rights, participation and
protection of workers and participants, grievance
procedures and judicial review, nondiscrimination,
allocation of funds to local areas, eligibility of
providers or participants, the establishment and
functions of local areas and local boards, the
funding of infrastructure costs for one-stop
centers, and procedures for review and approval of
plans, and other requirements relating to the
basic purposes of this title); and
(ii) any of the statutory or regulatory
requirements of sections 8 through 10 of the
Wagner-Peyser Act
[[Page 128 STAT. 1602]]
(29 U.S.C. 49g through 49i) (excluding
requirements relating to the provision of services
to unemployment insurance claimants and veterans,
and requirements relating to universal access to
basic labor exchange services without cost to
jobseekers).
(B) <<NOTE: Plan.>> Requests.--A Governor
requesting a waiver under subparagraph (A) shall submit
a plan to the Secretary to improve the statewide
workforce development system that--
(i) identifies the statutory or regulatory
requirements that are requested to be waived and
the goals that the State or local area in the
State, as appropriate, intends to achieve as a
result of the waiver;
(ii) describes the actions that the State or
local area, as appropriate, has undertaken to
remove State or local statutory or regulatory
barriers;
(iii) describes the goals of the waiver and
the expected programmatic outcomes if the request
is granted;
(iv) describes the individuals impacted by the
waiver; and
(v) describes the process used to monitor the
progress in implementing such a waiver, and the
process by which notice and, in the case of a
waiver for a local area, an opportunity to comment
on such request has been provided to the local
board for the local area for which the waiver is
requested.
(C) <<NOTE: Deadline.>> Conditions.--Not later than
90 days after the date of the original submission of a
request for a waiver under subparagraph (A), the
Secretary shall provide a waiver under this subsection
if and only to the extent that--
(i) <<NOTE: Determination.>> the Secretary
determines that the requirements requested to be
waived impede the ability of the State or local
area, as appropriate, to implement the plan
described in subparagraph (B); and
(ii) <<NOTE: Memorandum.>> the State has
executed a memorandum of understanding with the
Secretary requiring such State to meet, or ensure
that the local area for which the waiver is
requested meets, agreed-upon outcomes and to
implement other appropriate measures to ensure
accountability.
(D) Expedited determination regarding provision of
waivers.--If the Secretary has approved a waiver of
statutory or regulatory requirements for a State or
local area pursuant to this subsection, the Secretary
shall expedite the determination regarding the provision
of that waiver, for another State or local area if such
waiver is in accordance with the approved State or local
plan, as appropriate.
SEC. 190. <<NOTE: 29 USC 3250.>> WORKFORCE FLEXIBILITY PLANS.
(a) <<NOTE: Waiver authority.>> Plans.--A State may submit to the
Secretary, and the Secretary may approve, a workforce flexibility plan
under which the State is authorized to waive, in accordance with the
plan--
[[Page 128 STAT. 1603]]
(1) any of the statutory or regulatory requirements
applicable under this title to local areas, pursuant to
applications for such waivers from the local areas, except for
requirements relating to the basic purposes of this title, wage
and labor standards, grievance procedures and judicial review,
nondiscrimination, eligibility of participants, allocation of
funds to local areas, establishment and functions of local areas
and local boards, procedures for review and approval of local
plans, and worker rights, participation, and protection;
(2) any of the statutory or regulatory requirements
applicable under sections 8 through 10 of the Wagner-Peyser Act
(29 U.S.C. 49g through 49i) to the State (excluding requirements
relating to the provision of services to unemployment insurance
claimants and veterans, and requirements relating to universal
access to basic labor exchange services without cost to
jobseekers); and
(3) any of the statutory or regulatory requirements
applicable under the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.) to State agencies on aging with respect to activities
carried out using funds allotted under section 506(b) of such
Act (42 U.S.C. 3056d(b)), except for requirements relating to
the basic purposes of such Act, wage and labor standards,
eligibility of participants in the activities, and standards for
grant agreements.
(b) Content of Plans.--A workforce flexibility plan implemented by a
State under subsection (a) shall include descriptions of--
(1)(A) the process by which local areas in the State may
submit and obtain approval by the State of applications for
waivers of requirements applicable under this title; and
(B) the requirements described in subparagraph (A) that are
likely to be waived by the State under the plan;
(2) the requirements applicable under sections 8 through 10
of the Wagner-Peyser Act that are proposed to be waived, if any;
(3) the requirements applicable under the Older Americans
Act of 1965 that are proposed to be waived, if any;
(4) the outcomes to be achieved by the waivers described in
paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the waivers.
(c) Periods.--The Secretary may approve a workforce flexibility plan
for a period of not more than 5 years.
(d) <<NOTE: Notice. Public information.>> Opportunity for Public
Comments.--Prior to submitting a workforce flexibility plan to the
Secretary for approval, the State shall provide to all interested
parties and to the general public adequate notice of and a reasonable
opportunity for comment on the waiver requests proposed to be
implemented pursuant to such plan.
SEC. 191. <<NOTE: 29 USC 3251.>> STATE LEGISLATIVE AUTHORITY.
(a) Authority of State Legislature.--Nothing in this title shall be
interpreted to preclude the enactment of State legislation providing for
the implementation, consistent with the provisions of this title, of the
activities assisted under this title. Any funds received by a State
under this title shall be subject to appropriation
[[Page 128 STAT. 1604]]
by the State legislature, consistent with the terms and conditions
required under this title.
(b) Interstate Compacts and Cooperative Agreements.--In the event
that compliance with provisions of this title would be enhanced by
compacts and cooperative agreements between States, the consent of
Congress is given to States to enter into such compacts and agreements
to facilitate such compliance, subject to the approval of the Secretary.
SEC. 192. <<NOTE: 29 USC 3252.>> TRANSFER OF FEDERAL EQUITY IN
STATE EMPLOYMENT SECURITY AGENCY REAL
PROPERTY TO THE STATES.
(a) Transfer of Federal Equity.--Notwithstanding any other provision
of law, any Federal equity acquired in real property through grants to
States awarded under title III of the Social Security Act (42 U.S.C. 501
et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) is
transferred to the States that used the grants for the acquisition of
such equity. The portion of any real property that is attributable to
the Federal equity transferred under this section shall be used to carry
out activities authorized under this Act, title III of the Social
Security Act, or the Wagner-Peyser Act. Any disposition of such real
property shall be carried out in accordance with the procedures
prescribed by the Secretary and the portion of the proceeds from the
disposition of such real property that is attributable to the Federal
equity transferred under this section shall be used to carry out
activities authorized under this Act, title III of the Social Security
Act, or the Wagner-Peyser Act.
(b) Limitation on Use.--A State shall not use funds awarded under
this Act, title III of the Social Security Act, or the Wagner-Peyser Act
to amortize the costs of real property that is purchased by any State on
or after the date of enactment of the Revised Continuing Appropriations
Resolution, 2007.
SEC. 193. <<NOTE: 29 USC 3253.>> CONTINUATION OF STATE ACTIVITIES
AND POLICIES.
(a) In General.--Notwithstanding any other provision of this title,
the Secretary may not deny approval of a State plan for a covered State,
or an application of a covered State for financial assistance, under
this title, or find a covered State (including a State board or
Governor), or a local area (including a local board or chief elected
official) in a covered State, in violation of a provision of this title,
on the basis that--
(1)(A) the State proposes to allocate or disburse,
allocates, or disburses, within the State, funds made available
to the State under section 127 or 132 in accordance with the
allocation formula for the type of activities involved, or in
accordance with a disbursal procedure or process, used by the
State under prior consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to the
State under section 127 or 132 in accordance with a disbursal
procedure or process used by a private industry council under
prior consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for
funds made available to the State under section 127 or 132 and
allocated within the State, fiscal agents selected in accordance
with a process established under prior consistent State laws;
[[Page 128 STAT. 1605]]
(3) the State proposes to carry out or carries out a State
procedure through which the local boards in the State (or the
local boards, the chief elected officials in the State, and the
Governor) designate or select the one-stop partners and one-stop
operators of the statewide system in the State under prior
consistent State laws, in lieu of making the designation or
certification described in section 121 (regardless of the date
the one-stop delivery systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted to
determine that a provider shall not be selected to provide both
intake services under section 134(c)(2) and training services
under section 134(c)(3), under prior consistent State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles of
the State board (including determining the time periods for
development and submission of a State plan required under
section 102 or 103), for purposes of subtitle A in accordance
with prior consistent State laws; or
(6) a local board in the State proposes to use or carry out,
uses, or carries out a local plan (including assigning functions
and roles of the local board) for purposes of subtitle A in
accordance with the authorities and requirements applicable to
local plans and private industry councils under prior consistent
State laws.
(b) Definition.--In this section:
(1) Covered state.--The term ``covered State'' means a State
that enacted State laws described in paragraph (2).
(2) Prior consistent state laws.--The term ``prior
consistent State laws'' means State laws, not inconsistent with
the Job Training Partnership Act or any other applicable Federal
law, that took effect on September 1, 1993, September 1, 1995,
and September 1, 1997.
SEC. 194. <<NOTE: 29 USC 3254.>> GENERAL PROGRAM REQUIREMENTS.
Except as otherwise provided in this title, the following conditions
apply to all programs under this title:
(1) Each program under this title shall provide employment
and training opportunities to those who can benefit from, and
who are most in need of, such opportunities. In addition, the
recipients of Federal funding for programs under this title
shall make efforts to develop programs that contribute to
occupational development, upward mobility, development of new
careers, and opportunities for nontraditional employment.
(2) Funds provided under this title shall only be used for
activities that are in addition to activities that would
otherwise be available in the local area in the absence of such
funds.
(3)(A) Any local area may enter into an agreement with
another local area (including a local area that is a city or
county within the same labor market) to pay or share the cost of
educating, training, or placing individuals participating in
programs assisted under this title, including the provision of
supportive services.
[[Page 128 STAT. 1606]]
(B) Such agreement shall be approved by each local board for
a local area entering into the agreement and shall be described
in the local plan under section 108.
(4) On-the-job training contracts under this title, shall
not be entered into with employers who have received payments
under previous contracts under this Act or the Workforce
Investment Act of 1998 and have exhibited a pattern of failing
to provide on-the-job training participants with continued long-
term employment as regular employees with wages and employment
benefits (including health benefits) and working conditions at
the same level and to the same extent as other employees working
a similar length of time and doing the same type of work.
(5) No person or organization may charge an individual a fee
for the placement or referral of the individual in or to a
workforce investment activity under this title.
(6) The Secretary shall not provide financial assistance for
any program under this title that involves political activities.
(7)(A) Income under any program administered by a public or
private nonprofit entity may be retained by such entity only if
such income is used to continue to carry out the program.
(B) Income subject to the requirements of subparagraph (A)
shall include--
(i) receipts from goods or services (including
conferences) provided as a result of activities funded
under this title;
(ii) funds provided to a service provider under this
title that are in excess of the costs associated with
the services provided; and
(iii) interest income earned on funds received under
this title.
(C) <<NOTE: Records.>> For purposes of this paragraph, each
entity receiving financial assistance under this title shall
maintain records sufficient to determine the amount of such
income received and the purposes for which such income is
expended.
(8)(A) <<NOTE: Notification.>> The Secretary shall notify
the Governor and the appropriate local board and chief elected
official of, and consult with the Governor and such board and
official concerning, any activity to be funded by the Secretary
under this title within the corresponding State or local area.
(B) The Governor shall notify the appropriate local board
and chief elected official of, and consult with such board and
official concerning, any activity to be funded by the Governor
under this title within the corresponding local area.
(9)(A) All education programs for youth supported with funds
provided under chapter 2 of subtitle B shall be consistent with
applicable State and local educational standards.
(B) Standards and procedures with respect to awarding
academic credit and certifying educational attainment in
programs conducted under such chapter shall be consistent with
the requirements of applicable State and local law, including
regulation.
(10) No funds available under this title may be used for
public service employment except as specifically authorized
under this title.
[[Page 128 STAT. 1607]]
(11) The Federal requirements governing the title, use, and
disposition of real property, equipment, and supplies purchased
with funds provided under this title shall be the corresponding
Federal requirements generally applicable to such items
purchased through Federal grants to States and local
governments.
(12) Nothing in this title shall be construed to provide an
individual with an entitlement to a service under this title.
(13) Services, facilities, or equipment funded under this
title may be used, as appropriate, on a fee-for-service basis,
by employers in a local area in order to provide employment and
training activities to incumbent workers--
(A) when such services, facilities, or equipment are
not in use for the provision of services for eligible
participants under this title;
(B) if such use for incumbent workers would not have
an adverse effect on the provision of services to
eligible participants under this title; and
(C) if the income derived from such fees is used to
carry out the programs authorized under this title.
(14) Funds provided under this title shall not be used to
establish or operate a stand-alone fee-for-service enterprise in
a situation in which a private sector employment agency (as
defined in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e)) is providing full access to similar or related
services in such a manner as to fully meet the identified need.
For purposes of this paragraph, such an enterprise does not
include a one-stop delivery system described in section 121(e).
(15)(A) None of the funds available under this title shall
be used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of the annual rate of basic
pay prescribed for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(B) The limitation described in subparagraph (A) shall not
apply to vendors providing goods and services as defined in
Office of Management and Budget Circular A-133. In a case in
which a State is a recipient of such funds, the State may
establish a lower limit than is provided in subparagraph (A) for
salaries and bonuses of those receiving salaries and bonuses
from a subrecipient of such funds, taking into account factors
including the relative cost of living in the State, the
compensation levels for comparable State or local government
employees, and the size of the organizations that administer the
Federal programs involved.
SEC. 195. <<NOTE: 29 USC 3255.>> RESTRICTIONS ON LOBBYING
ACTIVITIES.
(a) Publicity Restrictions.--
(1) In general.--No funds provided under this Act shall be
used for--
(A) publicity or propaganda purposes; or
(B) the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat--
[[Page 128 STAT. 1608]]
(i) the enactment of legislation before
Congress or any State or local legislature or
legislative body; or
(ii) any proposed or pending regulation,
administrative action, or order issued by the
executive branch of any State or local government.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships;
(B) the preparation, distribution, or use of the
materials described in paragraph (1)(B) in presentation
to Congress or any State or local legislature or
legislative body; or
(C) such preparation, distribution, or use of such
materials in presentation to the executive branch of any
State or local government.
(b) Salary Restrictions.--
(1) In general.--No funds provided under this Act shall be
used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any
activity designed to influence the enactment or issuance of
legislation, appropriations, regulations, administrative action,
or an Executive order proposed or pending before Congress or any
State government, or a State or local legislature or legislative
body.
(2) Exception.--Paragraph (1) shall not apply to--
(A) normal and recognized executive-legislative
relationships; or
(B) participation by an agency or officer of a
State, local, or tribal government in policymaking and
administrative processes within the executive branch of
that government.
TITLE II--ADULT EDUCATION <<NOTE: Adult Education and Family Literacy
Act.>> AND LITERACY
SEC. 201. <<NOTE: 29 USC 3101 note.>> SHORT TITLE.
This title may be cited as the ``Adult Education and Family Literacy
Act''.
SEC. 202. <<NOTE: 29 USC 3271.>> PURPOSE.
It is the purpose of this title to create a partnership among the
Federal Government, States, and localities to provide, on a voluntary
basis, adult education and literacy activities, in order to--
(1) assist adults to become literate and obtain the
knowledge and skills necessary for employment and economic self-
sufficiency;
(2) assist adults who are parents or family members to
obtain the education and skills that--
(A) are necessary to becoming full partners in the
educational development of their children; and
(B) lead to sustainable improvements in the economic
opportunities for their family;
[[Page 128 STAT. 1609]]
(3) assist adults in attaining a secondary school diploma
and in the transition to postsecondary education and training,
including through career pathways; and
(4) assist immigrants and other individuals who are English
language learners in--
(A) improving their--
(i) reading, writing, speaking, and
comprehension skills in English; and
(ii) mathematics skills; and
(B) acquiring an understanding of the American
system of Government, individual freedom, and the
responsibilities of citizenship.
SEC. 203. <<NOTE: 29 USC 3272.>> DEFINITIONS.
In this title:
(1) Adult education.--The term ``adult education'' means
academic instruction and education services below the
postsecondary level that increase an individual's ability to--
(A) read, write, and speak in English and perform
mathematics or other activities necessary for the
attainment of a secondary school diploma or its
recognized equivalent;
(B) transition to postsecondary education and
training; and
(C) obtain employment.
(2) Adult education and literacy activities.--The term
``adult education and literacy activities'' means programs,
activities, and services that include adult education, literacy,
workplace adult education and literacy activities, family
literacy activities, English language acquisition activities,
integrated English literacy and civics education, workforce
preparation activities, or integrated education and training.
(3) Eligible agency.--The term ``eligible agency'' means the
sole entity or agency in a State or an outlying area responsible
for administering or supervising policy for adult education and
literacy activities in the State or outlying area, respectively,
consistent with the law of the State or outlying area,
respectively.
(4) Eligible individual.--The term ``eligible individual''
means an individual--
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be enrolled
in secondary school under State law; and
(C) who--
(i) is basic skills deficient;
(ii) does not have a secondary school diploma
or its recognized equivalent, and has not achieved
an equivalent level of education; or
(iii) is an English language learner.
(5) Eligible provider.--The term ``eligible provider'' means
an organization that has demonstrated effectiveness in providing
adult education and literacy activities that may include--
(A) a local educational agency;
(B) a community-based organization or faith-based
organization;
(C) a volunteer literacy organization;
[[Page 128 STAT. 1610]]
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described in
any of subparagraphs (A) through (G) and has the ability
to provide adult education and literacy activities to
eligible individuals;
(I) a consortium or coalition of the agencies,
organizations, institutions, libraries, or authorities
described in any of subparagraphs (A) through (H); and
(J) a partnership between an employer and an entity
described in any of subparagraphs (A) through (I).
(6) English language acquisition program.--The term
``English language acquisition program'' means a program of
instruction--
(A) designed to help eligible individuals who are
English language learners achieve competence in reading,
writing, speaking, and comprehension of the English
language; and
(B) that leads to--
(i)(I) attainment of a secondary school
diploma or its recognized equivalent; and
(II) transition to postsecondary education and
training; or
(ii) employment.
(7) English language learner.--The term ``English language
learner'' when used with respect to an eligible individual,
means an eligible individual who has limited ability in reading,
writing, speaking, or comprehending the English language, and--
(A) whose native language is a language other than
English; or
(B) who lives in a family or community environment
where a language other than English is the dominant
language.
(8) Essential components of reading instruction.--The term
``essential components of reading instruction'' has the meaning
given the term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
(9) Family literacy activities.--The term ``family literacy
activities'' means activities that are of sufficient intensity
and quality, to make sustainable improvements in the economic
prospects for a family and that better enable parents or family
members to support their children's learning needs, and that
integrate all of the following activities:
(A) Parent or family adult education and literacy
activities that lead to readiness for postsecondary
education or training, career advancement, and economic
self-sufficiency.
(B) Interactive literacy activities between parents
or family members and their children.
(C) Training for parents or family members regarding
how to be the primary teacher for their children and
full partners in the education of their children.
(D) An age-appropriate education to prepare children
for success in school and life experiences.
[[Page 128 STAT. 1611]]
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(11) Integrated education and training.--The term
``integrated education and training'' means a service approach
that provides adult education and literacy activities
concurrently and contextually with workforce preparation
activities and workforce training for a specific occupation or
occupational cluster for the purpose of educational and career
advancement.
(12) Integrated english literacy and civics education.--The
term ``integrated English literacy and civics education'' means
education services provided to English language learners who are
adults, including professionals with degrees and credentials in
their native countries, that enables such adults to achieve
competency in the English language and acquire the basic and
more advanced skills needed to function effectively as parents,
workers, and citizens in the United States. Such services shall
include instruction in literacy and English language acquisition
and instruction on the rights and responsibilities of
citizenship and civic participation, and may include workforce
training.
(13) Literacy.--The term ``literacy'' means an individual's
ability to read, write, and speak in English, compute, and solve
problems, at levels of proficiency necessary to function on the
job, in the family of the individual, and in society.
(14) Postsecondary educational institution.--The term
``postsecondary educational institution'' means--
(A) an institution of higher education that provides
not less than a 2-year program of instruction that is
acceptable for credit toward a bachelor's degree;
(B) a tribally controlled college or university; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the
postsecondary level.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(16) Workplace adult education and literacy activities.--The
term ``workplace adult education and literacy activities'' means
adult education and literacy activities offered by an eligible
provider in collaboration with an employer or employee
organization at a workplace or an off-site location that is
designed to improve the productivity of the workforce.
(17) Workforce preparation activities.--The term ``workforce
preparation activities'' means activities, programs, or services
designed to help an individual acquire a combination of basic
academic skills, critical thinking skills, digital literacy
skills, and self-management skills, including competencies in
utilizing resources, using information, working with others,
understanding systems, and obtaining skills necessary for
successful transition into and completion of postsecondary
education or training, or employment.
SEC. 204. <<NOTE: 29 USC 3273.>> HOME SCHOOLS.
Nothing in this title shall be construed to affect home schools,
whether a home school is treated as a home school or a private school
under State law, or to compel a parent or family member
[[Page 128 STAT. 1612]]
engaged in home schooling to participate in adult education and literacy
activities.
SEC. 205. <<NOTE: 29 USC 3274.>> RULE OF CONSTRUCTION REGARDING
POSTSECONDARY TRANSITION AND CONCURRENT
ENROLLMENT ACTIVITIES.
Nothing in this title shall be construed to prohibit or discourage
the use of funds provided under this title for adult education and
literacy activities that help eligible individuals transition to
postsecondary education and training or employment, or for concurrent
enrollment activities.
SEC. 206. <<NOTE: 29 USC 3275.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016,
$635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018,
$664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year
2020.
Subtitle A--Federal Provisions
SEC. 211. <<NOTE: 29 USC 3291.>> RESERVATION OF FUNDS; GRANTS TO
ELIGIBLE AGENCIES; ALLOTMENTS.
(a) Reservation of Funds.--From the sum appropriated under section
206 for a fiscal year, the Secretary--
(1) shall reserve 2 percent to carry out section 242, except
that the amount so reserved shall not exceed $15,000,000; and
(2) shall reserve 12 percent of the amount that remains
after reserving funds under paragraph (1) to carry out section
243.
(b) Grants to Eligible Agencies.--
(1) In general.--From the sum appropriated under section 206
and not reserved under subsection (a) for a fiscal year, the
Secretary shall award a grant to each eligible agency having a
unified State plan approved under section 102 or a combined
State plan approved under section 103 in an amount equal to the
sum of the initial allotment under subsection (c)(1) and the
additional allotment under subsection (c)(2) for the eligible
agency for the fiscal year, subject to subsections (f) and (g),
to enable the eligible agency to carry out the activities
assisted under this title.
(2) Purpose of grants.--The Secretary may award a grant
under paragraph (1) only if the eligible entity involved agrees
to expend the grant for adult education and literacy activities
in accordance with the provisions of this title.
(c) Allotments.--
(1) Initial allotments.--From the sum appropriated under
section 206 and not reserved under subsection (a) for a fiscal
year, the Secretary shall allot to each eligible agency having a
unified State plan approved under section 102 or a combined
State plan approved under section 103--
(A) $100,000, in the case of an eligible agency
serving an outlying area; and
(B) $250,000, in the case of any other eligible
agency.
(2) Additional allotments.--From the sum appropriated under
section 206, not reserved under subsection (a), and not
[[Page 128 STAT. 1613]]
allotted under paragraph (1), for a fiscal year, the Secretary
shall allot to each eligible agency that receives an initial
allotment under paragraph (1) an additional amount that bears
the same relationship to such sum as the number of qualifying
adults in the State or outlying area served by the eligible
agency bears to the number of such adults in all States and
outlying areas.
(d) <<NOTE: Definition.>> Qualifying Adult.--For the purpose of
subsection (c)(2), the term ``qualifying adult'' means an adult who--
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance under
the law of the State or outlying area;
(3) does not have a secondary school diploma or its
recognized equivalent; and
(4) is not enrolled in secondary school.
(e) Special Rule.--
(1) <<NOTE: Territories.>> In general.--From amounts made
available under subsection (c) for the Republic of Palau, the
Secretary shall award grants to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or the Republic of
Palau to carry out activities described in this title in
accordance with the provisions of this title, as determined by
the Secretary.
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to the
recommendations from the Pacific Region Educational Laboratory
in Honolulu, Hawaii.
(3) Termination of eligibility.--Notwithstanding any other
provision of law, the Republic of Palau shall be eligible to
receive a grant under this title except during the period
described in section 3(45).
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants under
this subsection to pay the administrative costs of the Pacific
Region Educational Laboratory regarding activities assisted
under this subsection.
(f) Hold-harmless Provisions.--
(1) In general.--Notwithstanding subsection (c), for fiscal
year 2015 and each succeeding fiscal year, no eligible agency
shall receive an allotment under this section that is less than
90 percent of the allotment the eligible agency received for the
preceding fiscal year under this section.
(2) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to
satisfy the provisions of paragraph (1) the Secretary shall
ratably reduce the payments to all eligible agencies, as
necessary.
(g) Reallotment.--The portion of any eligible agency's allotment
under this title for a fiscal year that the Secretary determines will
not be required for the period such allotment is available for carrying
out activities under this title, shall be available for reallotment from
time to time, on such dates during such period as the Secretary shall
fix, to other eligible agencies in proportion to the original allotments
to such agencies under this title for such year.
[[Page 128 STAT. 1614]]
SEC. 212. <<NOTE: 29 USC 3292.>> PERFORMANCE ACCOUNTABILITY
SYSTEM.
Programs and activities authorized in this title are subject to the
performance accountability provisions described in section 116.
Subtitle B--State Provisions
SEC. 221. <<NOTE: 29 USC 3301.>> STATE ADMINISTRATION.
Each eligible agency shall be responsible for the State or outlying
area administration of activities under this title, including--
(1) the development, implementation, and monitoring of the
relevant components of the unified State plan in section 102 or
the combined State plan in section 103;
(2) consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of activities assisted under this
title; and
(3) coordination and nonduplication with other Federal and
State education, training, corrections, public housing, and
social service programs.
SEC. 222. <<NOTE: 29 USC 3302.>> STATE DISTRIBUTION OF FUNDS;
MATCHING REQUIREMENT.
(a) State Distribution of Funds.--Each eligible agency receiving a
grant under section 211(b) for a fiscal year--
(1) shall use not less than 82.5 percent of the grant funds
to award grants and contracts under section 231 and to carry out
section 225, of which not more than 20 percent of such amount
shall be available to carry out section 225;
(2) shall use not more than 12.5 percent of the grant funds
to carry out State leadership activities under section 223; and
(3) shall use not more than 5 percent of the grant funds, or
$85,000, whichever is greater, for the administrative expenses
of the eligible agency.
(b) Matching Requirement.--
(1) In general.--In order to receive a grant from the
Secretary under section 211(b) each eligible agency shall
provide, for the costs to be incurred by the eligible agency in
carrying out the adult education and literacy activities for
which the grant is awarded, a non-Federal contribution in an
amount that is not less than--
(A) in the case of an eligible agency serving an
outlying area, 12 percent of the total amount of funds
expended for adult education and literacy activities in
the outlying area, except that the Secretary may
decrease the amount of funds required under this
subparagraph for an eligible agency; and
(B) in the case of an eligible agency serving a
State, 25 percent of the total amount of funds expended
for adult education and literacy activities in the
State.
(2) Non-federal contribution.--An eligible agency's non-
Federal contribution required under paragraph (1) may be
provided in cash or in kind, fairly evaluated, and shall include
only non-Federal funds that are used for adult education and
literacy activities in a manner that is consistent with the
purpose of this title.
[[Page 128 STAT. 1615]]
SEC. 223. <<NOTE: 29 USC 3303.>> STATE LEADERSHIP ACTIVITIES.
(a) Activities.--
(1) Required.--Each eligible agency shall use funds made
available under section 222(a)(2) for the following adult
education and literacy activities to develop or enhance the
adult education system of the State or outlying area:
(A) The alignment of adult education and literacy
activities with other core programs and one-stop
partners, including eligible providers, to implement the
strategy identified in the unified State plan under
section 102 or the combined State plan under section
103, including the development of career pathways to
provide access to employment and training services for
individuals in adult education and literacy activities.
(B) The establishment or operation of high quality
professional development programs to improve the
instruction provided pursuant to local activities
required under section 231(b), including instruction
incorporating the essential components of reading
instruction as such components relate to adults,
instruction related to the specific needs of adult
learners, instruction provided by volunteers or by
personnel of a State or outlying area, and dissemination
of information about models and promising practices
related to such programs.
(C) The provision of technical assistance to
eligible providers of adult education and literacy
activities receiving funds under this title, including--
(i) the development and dissemination of
instructional and programmatic practices based on
the most rigorous or scientifically valid research
available and appropriate, in reading, writing,
speaking, mathematics, English language
acquisition programs, distance education, and
staff training;
(ii) the role of eligible providers as a one-
stop partner to provide access to employment,
education, and training services; and
(iii) assistance in the use of technology,
including for staff training, to eligible
providers, especially the use of technology to
improve system efficiencies.
(D) The monitoring and evaluation of the quality of,
and the improvement in, adult education and literacy
activities and the dissemination of information about
models and proven or promising practices within the
State.
(2) Permissible activities.--Each eligible agency may use
funds made available under section 222(a)(2) for 1 or more of
the following adult education and literacy activities:
(A) The support of State or regional networks of
literacy resource centers.
(B) The development and implementation of technology
applications, translation technology, or distance
education, including professional development to support
the use of instructional technology.
(C) Developing and disseminating curricula,
including curricula incorporating the essential
components of reading instruction as such components
relate to adults.
(D) Developing content and models for integrated
education and training and career pathways.
[[Page 128 STAT. 1616]]
(E) The provision of assistance to eligible
providers in developing and implementing programs that
achieve the objectives of this title and in measuring
the progress of those programs in achieving such
objectives, including meeting the State adjusted levels
of performance described in section 116(b)(3).
(F) The development and implementation of a system
to assist in the transition from adult education to
postsecondary education, including linkages with
postsecondary educational institutions or institutions
of higher education.
(G) Integration of literacy and English language
instruction with occupational skill training, including
promoting linkages with employers.
(H) Activities to promote workplace adult education
and literacy activities.
(I) Identifying curriculum frameworks and aligning
rigorous content standards that--
(i) specify what adult learners should know
and be able to do in the areas of reading and
language arts, mathematics, and English language
acquisition; and
(ii) take into consideration the following:
(I) State adopted academic
standards.
(II) The current adult skills and
literacy assessments used in the State
or outlying area.
(III) The primary indicators of
performance described in section 116.
(IV) Standards and academic
requirements for enrollment in
nonremedial, for-credit courses in
postsecondary educational institutions
or institutions of higher education
supported by the State or outlying area.
(V) Where appropriate, the content
of occupational and industry skill
standards widely used by business and
industry in the State or outlying area.
(J) Developing and piloting of strategies for
improving teacher quality and retention.
(K) The development and implementation of programs
and services to meet the needs of adult learners with
learning disabilities or English language learners,
which may include new and promising assessment tools and
strategies that are based on scientifically valid
research, where appropriate, and identify the needs and
capture the gains of such students at the lowest
achievement levels.
(L) Outreach to instructors, students, and
employers.
(M) Other activities of statewide significance that
promote the purpose of this title.
(b) Collaboration.--In carrying out this section, eligible agencies
shall collaborate where possible, and avoid duplicating efforts, in
order to maximize the impact of the activities described in subsection
(a).
(c) State-imposed Requirements.--Whenever a State or outlying area
implements any rule or policy relating to the administration or
operation of a program authorized under this title that has the effect
of imposing a requirement that is not imposed under Federal law
(including any rule or policy based on a State or
[[Page 128 STAT. 1617]]
outlying area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to eligible
providers, the rule or policy as being imposed by the State or outlying
area.
SEC. 224. <<NOTE: 29 USC 3304.>> STATE PLAN.
Each State desiring to receive funds under this title for any fiscal
year shall submit and have approved a unified State plan in accordance
with section 102 or a combined State plan in accordance with section
103.
SEC. 225. <<NOTE: 29 USC 3305.>> PROGRAMS FOR CORRECTIONS
EDUCATION AND OTHER INSTITUTIONALIZED
INDIVIDUALS.
(a) Program Authorized.--From funds made available under section
222(a)(1) for a fiscal year, each eligible agency shall carry out
corrections education and education for other institutionalized
individuals.
(b) Uses of Funds.--The funds described in subsection (a) shall be
used for the cost of educational programs for criminal offenders in
correctional institutions and for other institutionalized individuals,
including academic programs for--
(1) adult education and literacy activities;
(2) special education, as determined by the eligible agency;
(3) secondary school credit;
(4) integrated education and training;
(5) career pathways;
(6) concurrent enrollment;
(7) peer tutoring; and
(8) transition to re-entry initiatives and other postrelease
services with the goal of reducing recidivism.
(c) Priority.--Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall give priority to
serving individuals who are likely to leave the correctional institution
within 5 years of participation in the program.
(d) Report.--In addition to any report required under section 116,
each eligible agency that receives assistance provided under this
section shall annually prepare and submit to the Secretary a report on
the progress, as described in section 116, of the eligible agency with
respect to the programs and activities carried out under this section,
including the relative rate of recidivism for the criminal offenders
served.
(e) Definitions.--In this section:
(1) Correctional institution.--The term ``correctional
institution'' means any--
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based rehabilitation
center, or any other similar institution designed for
the confinement or rehabilitation of criminal offenders.
(2) Criminal offender.--The term ``criminal offender'' means
any individual who is charged with or convicted of any criminal
offense.
[[Page 128 STAT. 1618]]
Subtitle C--Local Provisions
SEC. 231. <<NOTE: 29 USC 3321.>> GRANTS AND CONTRACTS FOR
ELIGIBLE PROVIDERS.
(a) Grants and Contracts.--From grant funds made available under
section 222(a)(1), each eligible agency shall award multiyear grants or
contracts, on a competitive basis, to eligible providers within the
State or outlying area to enable the eligible providers to develop,
implement, and improve adult education and literacy activities within
the State.
(b) Required Local Activities.--The eligible agency shall require
that each eligible provider receiving a grant or contract under
subsection (a) use the grant or contract to establish or operate
programs that provide adult education and literacy activities, including
programs that provide such activities concurrently.
(c) Direct and Equitable Access; Same Process.--Each eligible agency
receiving funds under this title shall ensure that--
(1) all eligible providers have direct and equitable access
to apply and compete for grants or contracts under this section;
and
(2) the same grant or contract announcement process and
application process is used for all eligible providers in the
State or outlying area.
(d) Special Rule.--Each eligible agency awarding a grant or contract
under this section shall not use any funds made available under this
title for adult education and literacy activities for the purpose of
supporting or providing programs, services, or activities for
individuals who are not individuals described in subparagraphs (A) and
(B) of section 203(4), except that such agency may use such funds for
such purpose if such programs, services, or activities are related to
family literacy activities. In providing family literacy activities
under this title, an eligible provider shall attempt to coordinate with
programs and services that are not assisted under this title prior to
using funds for adult education and literacy activities under this title
for activities other than activities for eligible individuals.
(e) Considerations.--In awarding grants or contracts under this
section, the eligible agency shall consider--
(1) the degree to which the eligible provider would be
responsive to--
(A) regional needs as identified in the local plan
under section 108; and
(B) serving individuals in the community who were
identified in such plan as most in need of adult
education and literacy activities, including
individuals--
(i) who have low levels of literacy skills; or
(ii) who are English language learners;
(2) the ability of the eligible provider to serve eligible
individuals with disabilities, including eligible individuals
with learning disabilities;
(3) past effectiveness of the eligible provider in improving
the literacy of eligible individuals, to meet State-adjusted
levels of performance for the primary indicators of performance
described in section 116, especially with respect to eligible
individuals who have low levels of literacy;
(4) the extent to which the eligible provider demonstrates
alignment between proposed activities and services and the
[[Page 128 STAT. 1619]]
strategy and goals of the local plan under section 108, as well
as the activities and services of the one-stop partners;
(5) whether the eligible provider's program--
(A) is of sufficient intensity and quality, and
based on the most rigorous research available so that
participants achieve substantial learning gains; and
(B) uses instructional practices that include the
essential components of reading instruction;
(6) whether the eligible provider's activities, including
whether reading, writing, speaking, mathematics, and English
language acquisition instruction delivered by the eligible
provider, are based on the best practices derived from the most
rigorous research available and appropriate, including
scientifically valid research and effective educational
practice;
(7) whether the eligible provider's activities effectively
use technology, services, and delivery systems, including
distance education in a manner sufficient to increase the amount
and quality of learning and how such technology, services, and
systems lead to improved performance;
(8) whether the eligible provider's activities provide
learning in context, including through integrated education and
training, so that an individual acquires the skills needed to
transition to and complete postsecondary education and training
programs, obtain and advance in employment leading to economic
self-sufficiency, and to exercise the rights and
responsibilities of citizenship;
(9) whether the eligible provider's activities are delivered
by well-trained instructors, counselors, and administrators who
meet any minimum qualifications established by the State, where
applicable, and who have access to high quality professional
development, including through electronic means;
(10) whether the eligible provider's activities coordinate
with other available education, training, and social service
resources in the community, such as by establishing strong links
with elementary schools and secondary schools, postsecondary
educational institutions, institutions of higher education,
local workforce investment boards, one-stop centers, job
training programs, and social service agencies, business,
industry, labor organizations, community-based organizations,
nonprofit organizations, and intermediaries, for the development
of career pathways;
(11) whether the eligible provider's activities offer
flexible schedules and coordination with Federal, State, and
local support services (such as child care, transportation,
mental health services, and career planning) that are necessary
to enable individuals, including individuals with disabilities
or other special needs, to attend and complete programs;
(12) whether the eligible provider maintains a high-quality
information management system that has the capacity to report
measurable participant outcomes (consistent with section 116)
and to monitor program performance; and
(13) whether the local areas in which the eligible provider
is located have a demonstrated need for additional English
language acquisition programs and civics education programs.
[[Page 128 STAT. 1620]]
SEC. 232. <<NOTE: 29 USC 3322.>> LOCAL APPLICATION.
Each eligible provider desiring a grant or contract from an eligible
agency shall submit an application to the eligible agency containing
such information and assurances as the eligible agency may require,
including--
(1) a description of how funds awarded under this title will
be spent consistent with the requirements of this title;
(2) a description of any cooperative arrangements the
eligible provider has with other agencies, institutions, or
organizations for the delivery of adult education and literacy
activities;
(3) a description of how the eligible provider will provide
services in alignment with the local plan under section 108,
including how such provider will promote concurrent enrollment
in programs and activities under title I, as appropriate;
(4) a description of how the eligible provider will meet the
State adjusted levels of performance described in section
116(b)(3), including how such provider will collect data to
report on such performance indicators;
(5) a description of how the eligible provider will fulfill
one-stop partner responsibilities as described in section
121(b)(1)(A), as appropriate;
(6) a description of how the eligible provider will provide
services in a manner that meets the needs of eligible
individuals; and
(7) information that addresses the considerations described
under section 231(e), as applicable.
SEC. 233. <<NOTE: 29 USC 3323.>> LOCAL ADMINISTRATIVE COST
LIMITS.
(a) In General.--Subject to subsection (b), of the amount that is
made available under this title to an eligible provider--
(1) not less than 95 percent shall be expended for carrying
out adult education and literacy activities; and
(2) the remaining amount, not to exceed 5 percent, shall be
used for planning, administration (including carrying out the
requirements of section 116), professional development, and the
activities described in paragraphs (3) and (5) of section 232.
(b) Special Rule.--In cases where the cost limits described in
subsection (a) are too restrictive to allow for the activities described
in subsection (a)(2), the eligible provider shall negotiate with the
eligible agency in order to determine an adequate level of funds to be
used for noninstructional purposes.
Subtitle D--General Provisions
SEC. 241. <<NOTE: 29 USC 3331.>> ADMINISTRATIVE PROVISIONS.
(a) Supplement Not Supplant.--Funds made available for adult
education and literacy activities under this title shall supplement and
not supplant other State or local public funds expended for adult
education and literacy activities.
(b) Maintenance of Effort.--
(1) In general.--
(A) Determination.--An eligible agency may receive
funds under this title for any fiscal year if the
Secretary finds that the fiscal effort per student or
the aggregate
[[Page 128 STAT. 1621]]
expenditures of such eligible agency for activities
under this title, in the second preceding fiscal year,
were not less than 90 percent of the fiscal effort per
student or the aggregate expenditures of such eligible
agency for adult education and literacy activities in
the third preceding fiscal year.
(B) Proportionate reduction.--Subject to paragraphs
(2), (3), and (4), for any fiscal year with respect to
which the Secretary determines under subparagraph (A)
that the fiscal effort or the aggregate expenditures of
an eligible agency for the preceding program year were
less than such effort or expenditures for the second
preceding program year, the Secretary--
(i) <<NOTE: Determination.>> shall determine
the percentage decreases in such effort or in such
expenditures; and
(ii) shall decrease the payment made under
this title for such program year to the agency for
adult education and literacy activities by the
lesser of such percentages.
(2) Computation.--In computing the fiscal effort and
aggregate expenditures under paragraph (1), the Secretary shall
exclude capital expenditures and special one-time project costs.
(3) Decrease in federal support.--If the amount made
available for adult education and literacy activities under this
title for a fiscal year is less than the amount made available
for adult education and literacy activities under this title for
the preceding fiscal year, then the fiscal effort per student
and the aggregate expenditures of an eligible agency required in
order to avoid a reduction under paragraph (1)(B) shall be
decreased by the same percentage as the percentage decrease in
the amount so made available.
(4) Waiver.--The Secretary may waive the requirements of
this subsection for not more than 1 fiscal year, if the
Secretary determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a natural
disaster or an unforeseen and precipitous decline in the
financial resources of the State or outlying area of the
eligible agency. If the Secretary grants a waiver under the
preceding sentence for a fiscal year, the level of effort
required under paragraph (1) shall not be reduced in the
subsequent fiscal year because of the waiver.
SEC. 242. <<NOTE: 29 USC 3332.>> NATIONAL LEADERSHIP ACTIVITIES.
(a) In General.--The Secretary shall establish and carry out a
program of national leadership activities to enhance the quality and
outcomes of adult education and literacy activities and programs
nationwide.
(b) Required Activities.--The national leadership activities
described in subsection (a) shall include technical assistance,
including--
(1) assistance to help States meet the requirements of
section 116;
(2) upon request by a State, assistance provided to eligible
providers in using performance accountability measures based on
indicators described in section 116, and data systems for the
improvement of adult education and literacy activities;
[[Page 128 STAT. 1622]]
(3) carrying out rigorous research and evaluation on
effective adult education and literacy activities, as well as
estimating the number of adults functioning at the lowest levels
of literacy proficiency, which shall be coordinated across
relevant Federal agencies, including the Institute of Education
Sciences; and
(4) carrying out an independent evaluation at least once
every 4 years of the programs and activities under this title,
taking into consideration the evaluation subjects referred to in
section 169(a)(2).
(c) Allowable Activities.--The national leadership activities
described in subsection (a) may include the following:
(1) Technical assistance, including--
(A) assistance related to professional development
activities, and assistance for the purposes of
developing, improving, identifying, and disseminating
the most successful methods and techniques for providing
adult education and literacy activities, based on
scientifically valid research where available;
(B) assistance in distance education and promoting
and improving the use of technology in the classroom,
including instruction in English language acquisition
for English language learners;
(C) assistance in the development and dissemination
of proven models for addressing the digital literacy
needs of adults, including older adults; and
(D) supporting efforts aimed at strengthening
programs at the State and local levels, such as
technical assistance in program planning, assessment,
evaluation, and monitoring of activities carried out
under this title.
(2) Funding national leadership activities either directly
or through grants, contracts, or cooperative agreements awarded
on a competitive basis to or with postsecondary educational
institutions, institutions of higher education, public or
private organizations or agencies (including public libraries),
or consortia of such institutions, organizations, or agencies,
which may include--
(A) developing, improving, and identifying the most
successful methods and techniques for addressing the
education needs of adults, including instructional
practices using the essential components of reading
instruction based on the work of the National Institute
of Child Health and Human Development;
(B) supporting national, regional, or local networks
of private nonprofit organizations, public libraries, or
institutions of higher education to strengthen the
ability of such networks' members to meet the
performance requirements described in section 116 of
eligible providers;
(C) increasing the effectiveness, and improving the
quality, of adult education and literacy activities,
which may include--
(i) carrying out rigorous research;
(ii) carrying out demonstration programs;
(iii) accelerating learning outcomes for
eligible individuals with the lowest literacy
levels;
(iv) developing and promoting career pathways
for eligible individuals;
[[Page 128 STAT. 1623]]
(v) promoting concurrent enrollment programs
in adult education and credit bearing
postsecondary coursework;
(vi) developing high-quality professional
development activities for eligible providers; and
(vii) developing, replicating, and
disseminating information on best practices and
innovative programs, such as--
(I) the identification of effective
strategies for working with adults with
learning disabilities and with adults
who are English language learners;
(II) integrated education and
training programs;
(III) workplace adult education and
literacy activities; and
(IV) postsecondary education and
training transition programs;
(D) providing for the conduct of an independent
evaluation and assessment of adult education and
literacy activities through grants and contracts awarded
on a competitive basis, which shall include descriptions
of--
(i) the effect of performance accountability
measures and other measures of accountability on
the delivery of adult education and literacy
activities;
(ii) the extent to which the adult education
and literacy activities increase the literacy
skills of eligible individuals, lead to
involvement in education and training, enhance the
employment and earnings of such participants, and,
if applicable, lead to other positive outcomes,
such as success in re-entry and reductions in
recidivism in the case of prison-based adult
education and literacy activities;
(iii) the extent to which the provision of
support services to eligible individuals enrolled
in adult education and literacy activities
increase the rate of enrollment in, and successful
completion of, such programs; and
(iv) the extent to which different types of
providers measurably improve the skills of
eligible individuals in adult education and
literacy activities;
(E) collecting data, such as data regarding the
improvement of both local and State data systems,
through technical assistance and development of model
performance data collection systems;
(F) determining how participation in adult education
and literacy activities prepares eligible individuals
for entry into postsecondary education and employment
and, in the case of programs carried out in correctional
institutions, has an effect on recidivism; and
(G) other activities designed to enhance the quality
of adult education and literacy activities nationwide.
SEC. 243. <<NOTE: 29 USC 3333.>> INTEGRATED ENGLISH LITERACY AND
CIVICS EDUCATION.
(a) <<NOTE: Grants.>> In General.--From funds made available under
section 211(a)(2) for each fiscal year, the Secretary shall award grants
to States, from allotments under subsection (b), for integrated
[[Page 128 STAT. 1624]]
English literacy and civics education, in combination with integrated
education and training activities.
(b) Allotment.--
(1) In general.--Subject to paragraph (2), from amounts made
available under section 211(a)(2) for a fiscal year, the
Secretary shall allocate--
(A) 65 percent to the States on the basis of a
State's need for integrated English literacy and civics
education, as determined by calculating each State's
share of a 10-year average of the data of the Office of
Immigration Statistics of the Department of Homeland
Security for immigrants admitted for legal permanent
residence for the 10 most recent years; and
(B) 35 percent to the States on the basis of whether
the State experienced growth, as measured by the average
of the 3 most recent years for which the data of the
Office of Immigration Statistics of the Department of
Homeland Security for immigrants admitted for legal
permanent residence are available.
(2) Minimum.--No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
(c) Goal.--Each program that receives funding under this section
shall be designed to--
(1) prepare adults who are English language learners for,
and place such adults in, unsubsidized employment in in-demand
industries and occupations that lead to economic self-
sufficiency; and
(2) integrate with the local workforce development system
and its functions to carry out the activities of the program.
(d) Report.--The Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions of the Senate and
make available to the public, a report on the activities carried out
under this section.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended by
inserting ``service'' before ``offices''.
SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the terms `chief elected official', `institution of
higher education', `one-stop center', `one-stop partner',
`training services', `workforce development activity', and
`workplace learning advisor', have the meaning given the terms
in section 3 of the Workforce Innovation and Opportunity Act;'';
(2) in paragraph (2)--
(A) by striking ``investment board'' each place it
appears and inserting ``development board''; and
[[Page 128 STAT. 1625]]
(B) by striking ``section 117 of the Workforce
Investment Act of 1998'' and inserting ``section 107 of
the Workforce Innovation and Opportunity Act'';
(3) in paragraph (3)--
(A) by striking ``134(c)'' and inserting ``121(e)'';
and
(B) by striking ``Workforce Investment Act of 1998''
and inserting ``Workforce Innovation and Opportunity
Act''; and
(4) in paragraph (4), by striking ``and'' at the end;
(5) in paragraph (5), by striking the period and inserting
``; and''; and
(6) by adding at the end the following:
``(6) the term `employment service office' means a local
office of a State agency; and
``(7) except in section 15, the term `State agency', used
without further description, means an agency designated or
authorized under section 4.''.
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) Coordination.--Section 3(a) of the Wagner-Peyser Act (29 U.S.C.
49b(a)) is amended by striking ``services'' and inserting ``service
offices''.
(b) Public Labor Exchange Services System.--Section 3(c) of the
Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended--
(1) in paragraph (2), by striking the semicolon and
inserting ``, and identify and disseminate information on best
practices for such system; and''; and
(2) by adding at the end the following:
``(4) in coordination with the State agencies and the staff
of such agencies, assist in the planning and implementation of
activities to enhance the professional development and career
advancement opportunities of such staff, in order to strengthen
the provision of a broad range of career guidance services, the
identification of job openings (including providing intensive
outreach to small and medium-sized employers and enhanced
employer services), the provision of technical assistance and
training to other providers of workforce development activities
(including workplace learning advisors) relating to counseling
and employment-related services, and the development of new
strategies for coordinating counseling and technology.''.
(c) One-stop Centers.--Section 3 of the Wagner-Peyser Act (29 U.S.C.
49b) is amended by inserting after subsection (c) the following:
``(d) In order to improve service delivery, avoid duplication of
services, and enhance coordination of services, including location of
staff to ensure access to services under section 7(a) statewide in
underserved areas, employment service offices in each State shall be
colocated with one-stop centers.
``(e) <<NOTE: Consultation.>> The Secretary, in consultation with
States, is authorized to assist the States in the development of
national electronic tools that may be used to improve access to
workforce information for individuals through--
``(1) the one-stop delivery systems established as described
in section 121(e) of the Workforce Innovation and Opportunity
Act; and
``(2) such other delivery systems as the Secretary
determines to be appropriate.''.
[[Page 128 STAT. 1626]]
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended--
(1) in subsection (a), by striking ``amounts appropriated
pursuant to section 5'' and inserting ``funds appropriated and
(except for Guam) certified under section 5 and made available
for allotments under this section''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting before ``the Secretary'' the
following ``after making the allotments required
by subsection (a),''; and
(ii) by striking ``sums'' and all that follows
through ``this Act'' and inserting ``funds
described in subsection (a)'';
(B) in each of subparagraphs (A) and (B), by
striking ``sums'' and inserting ``remainder''; and
(C) by adding at the end the following: ``For
purposes of this paragraph, the term `State' does not
include Guam or the Virgin Islands.''.
SEC. 305. USE OF SUMS.
(a) Improved Coordination.--Section 7(a)(1) of the Wagner-Peyser Act
(29 U.S.C. 49f(a)(1)) is amended by inserting ``, including unemployment
insurance claimants,'' after ``seekers''.
(b) Resources for Unemployment Insurance Claimants.--Section 7(a)(3)
of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) in subparagraph (F)--
(A) by inserting ``, including making eligibility
assessments,'' after ``system''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by inserting after subparagraph (F) the following:
``(G) providing unemployment insurance claimants
with referrals to, and application assistance for,
training and education resources and programs, including
Federal Pell Grants under subpart 1 of part A of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070a
et seq.), educational assistance under chapter 30 of
title 38, United States Code (commonly referred to as
the Montgomery GI Bill), and chapter 33 of that title
(Post-9/11 Veterans Educational Assistance), student
assistance under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), State student higher
education assistance, and training and education
programs provided under titles I and II of the Workforce
Innovation and Opportunity Act, and title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).''.
(c) State Activities.--Section 7(b) of the Wagner-Peyser Act (29
U.S.C. 49f(b)) is amended--
(1) in paragraph (1), by striking ``performance standards
established by the Secretary'' and inserting ``the performance
accountability measures that are based on indicators described
in section 116(b)(2)(A)(i) of the Workforce Innovation and
Opportunity Act'';
[[Page 128 STAT. 1627]]
(2) in paragraph (2), by inserting ``offices'' after
``employment service''; and
(3) in paragraph (3), by inserting ``, and models for
enhancing professional development and career advancement
opportunities of State agency staff, as described in section
3(c)(4)'' after ``subsection (a)''.
(d) Providing Additional Funds.--Subsections (c)(2) and (d) of
section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended by
striking ``the Workforce Investment Act of 1998'' and inserting ``the
Workforce Innovation and Opportunity Act''.
(e) Conforming Amendment.--Section 7(e) of the Wagner-Peyser Act (29
U.S.C. 49f(e)) is amended by striking ``labor employment statistics''
and inserting ``workforce and labor market information''.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended to
read as follows:
``Sec. 8. Any State desiring to receive assistance under section 6
shall prepare and submit to, and have approved by, the Secretary and the
Secretary of Education, a State plan in accordance with section 102 or
103 of the Workforce Innovation and Opportunity Act.''.
SEC. 307. PERFORMANCE MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is amended
to read as follows:
``(a) The activities carried out pursuant to section 7 shall be
subject to the performance accountability measures that are based on
indicators described in section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act.''.
SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
(a) Heading.--The section heading for section 15 of the Wagner-
Peyser Act (29 U.S.C. 49l-2) is amended by striking ``employment
statistics'' and inserting ``workforce and labor market information
system''.
(b) Name of System.--Section 15(a)(1) of the Wagner-Peyser Act (29
U.S.C. 49l-2(a)(1)) is amended by striking ``employment statistics
system of employment statistics'' and inserting ``workforce and labor
market information system''.
(c) System Responsibilities.--Section 15(b) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) <<NOTE: Evaluation. Consultation.>>
Structure.--The workforce and labor market information
system described in subsection (a) shall be evaluated
and improved by the Secretary, in consultation with the
Workforce Information Advisory Council established in
subsection (d).
``(B) Grants and responsibilities.--
``(i) In general.--The Secretary shall carry
out the provisions of this section in a timely
manner, through grants to or agreements with
States.
``(ii) Distribution of funds.--Using amounts
appropriated under subsection (g), the Secretary
shall provide funds through those grants and
agreements. In distributing the funds (relating to
workforce and
[[Page 128 STAT. 1628]]
labor market information funding) for fiscal years
2015 through 2020, the Secretary shall continue to
distribute the funds to States in the manner in
which the Secretary distributed funds to the
States under this section for fiscal years 2004
through 2008.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of workforce and labor
market information for the system, shall carry out the following
duties:
``(A) Assign responsibilities within the Department
of Labor for elements of the workforce and labor market
information system described in subsection (a) to ensure
that the statistical and administrative data collected
is consistent with appropriate Bureau of Labor
Statistics standards and definitions, and that the
information is accessible and understandable to users of
such data.
``(B) Actively seek the cooperation of heads of
other Federal agencies to establish and maintain
mechanisms for ensuring complementarity and
nonduplication in the development and operation of
statistical and administrative data collection
activities.
``(C) Solicit, receive, and evaluate the
recommendations from the Workforce Information Advisory
Council established in subsection (d) concerning the
evaluation and improvement of the workforce and labor
market information system described in subsection (a)
and respond in writing to the Council regarding the
recommendations.
``(D) Eliminate gaps and duplication in statistical
undertakings.
``(E) Through the Bureau of Labor Statistics and the
Employment and Training Administration, and in
collaboration with States, develop and maintain the
elements of the workforce and labor market information
system described in subsection (a), including the
development of consistent procedures and definitions for
use by the States in collecting the data and information
described in subparagraphs (A) and (B) of subsection
(a)(1).
``(F) Establish procedures for the system to ensure
that--
``(i) such data and information are timely;
and
``(ii) paperwork and reporting for the system
are reduced to a minimum.''.
(d) Two-year Plan.--Section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2) is amended by striking subsection (c) and inserting the
following:
``(c) Two-year Plan.--The Secretary, acting through the Commissioner
of Labor Statistics and the Assistant Secretary for Employment and
Training, and in consultation with the Workforce Information Advisory
Council described in subsection (d) and heads of other appropriate
Federal agencies, shall prepare a 2-year plan for the workforce and
labor market information system. The plan shall be developed and
implemented in a manner that takes into account the activities described
in State plans submitted by States under section 102 or 103 of the
Workforce Innovation and Opportunity Act and shall be submitted to the
Committee on Education
[[Page 128 STAT. 1629]]
and the Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate. The plan shall
include--
``(1) a description of how the Secretary will work with the
States to manage the nationwide workforce and labor market
information system described in subsection (a) and the statewide
workforce and labor market information systems that comprise the
nationwide system;
``(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
``(3) <<NOTE: Evaluation.>> an evaluation of the
performance of the system, with particular attention to the
improvements needed at the State and local levels;
``(4) a description of the involvement of States in the
development of the plan, through consultation by the Secretary
with the Workforce Information Advisory Council in accordance
with subsection (d); and
``(5) a description of the written recommendations received
from the Workforce Information Advisory Council established
under subsection (d), and the extent to which those
recommendations were incorporated into the plan.''.
(e) Workforce Information Advisory Council.--Section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking subsection
(d) and inserting the following:
``(d) Workforce Information Advisory Council.--
``(1) <<NOTE: Consultation. Deadline.>> In general.--The
Secretary, through the Commissioner of Labor Statistics and the
Assistant Secretary for Employment and Training, shall formally
consult at least twice annually with the Workforce Information
Advisory Council established in accordance with paragraph (2).
Such consultations shall address the evaluation and improvement
of the nationwide workforce and labor market information system
described in subsection (a) and the statewide workforce and
labor market information systems that comprise the nationwide
system and how the Department of Labor and the States will
cooperate in the management of such systems. <<NOTE: Recommenda-
tions.>> The Council shall provide written recommendations to
the Secretary concerning the evaluation and improvement of the
nationwide system, including any recommendations regarding the
2-year plan described in subsection (c).
``(2) Establishment of council.--
``(A) Establishment.--The Secretary shall establish
an advisory council that shall be known as the Workforce
Information Advisory Council (referred to in this
section as the `Council') to participate in the
consultations and provide the recommendations described
in paragraph (1).
``(B) <<NOTE: Appointments.>> Membership.--The
Secretary shall appoint the members of the Council,
which shall consist of--
``(i) 4 members who are representatives of
lead State agencies with responsibility for
workforce investment activities, or State agencies
described in section 4, who have been nominated by
such agencies or by a national organization that
represents such agencies;
``(ii) 4 members who are representatives of
the State workforce and labor market information
directors affiliated with the State agencies that
perform the
[[Page 128 STAT. 1630]]
duties described in subsection (e)(2), who have
been nominated by the directors;
``(iii) 1 member who is a representative of
providers of training services under section 122
of the Workforce Innovation and Opportunity Act;
``(iv) 1 member who is a representative of
economic development entities;
``(v) 1 member who is a representative of
businesses, who has been nominated by national
business organizations or trade associations;
``(vi) 1 member who is a representative of
labor organizations, who has been nominated by a
national labor federation;
``(vii) 1 member who is a representative of
local workforce development boards, who has been
nominated by a national organization representing
such boards; and
``(viii) 1 member who is a representative of
research entities that utilize workforce and labor
market information.
``(C) Geographic diversity.--The Secretary shall
ensure that the membership of the Council is
geographically diverse and that no 2 of the members
appointed under clauses (i), (ii), and (vii) represent
the same State.
``(D) Period of appointment; vacancies.--
``(i) In general.--Each member of the Council
shall be appointed for a term of 3 years, except
that the initial terms for members may be 1, 2, or
3 years in order to establish a rotation in which
one-third of the members are selected each year.
Any such member may be appointed for not more than
2 consecutive terms.
``(ii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration of
the term for which the member's predecessor was
appointed shall be appointed only for the
remainder of that term. A member may serve after
the expiration of that member's term until a
successor has taken office.
``(E) Travel expenses.--The members of the Council
shall not receive compensation for the performance of
services for the Council, but shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Council.
Notwithstanding section 1342 of title 31, United States
Code, the Secretary may accept the voluntary and
uncompensated services of members of the Council.
``(F) Permanent council.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Council.''.
(f) State Responsibilities.--Section 15(e) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(e)) is amended--
(1) by striking ``employment statistics'' each place it
appears and inserting ``workforce and labor market
information'';
[[Page 128 STAT. 1631]]
(2) in paragraph (1)(A) by striking ``annual plan'' and
inserting ``plan described in subsection (c)'';
(3) in paragraph (2)--
(A) in subparagraph (G), by inserting ``and'' at the
end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ``section
136(f)(2) of the Workforce Investment Act of 1998'' and
inserting ``section 116(i)(2) of the Workforce
Innovation and Opportunity Act''; and
(D) by redesignating subparagraph (I) as
subparagraph (H).
(g) Authorization of Appropriations.--Section 15(g) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(g)) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2004'' and
inserting ``$60,153,000 for fiscal year 2015, $64,799,000 for fiscal
year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal year
2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal year
2020''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the amendment or repeal shall be considered to be made
to a provision of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.).
SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) Findings.--Section 2(a) (29 U.S.C. 701(a)) is amended--
(1) in paragraph (4), by striking ``workforce investment
systems under title I of the Workforce Investment Act of 1998''
and inserting ``workforce development systems defined in section
3 of the Workforce Innovation and Opportunity Act'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(7)(A) a high proportion of students with disabilities is
leaving secondary education without being employed in
competitive integrated employment, or being enrolled in
postsecondary education; and
``(B) there is a substantial need to support such students
as they transition from school to postsecondary life.''.
(b) Purpose.--Section 2(b) (29 U.S.C. 701(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``workforce
investment systems implemented in accordance with title
I of the Workforce Investment Act of 1998'' and
inserting ``workforce development systems defined in
section 3 of the Workforce Innovation and Opportunity
Act''; and
[[Page 128 STAT. 1632]]
(B) at the end of subparagraph (F), by striking
``and'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) to maximize opportunities for individuals with
disabilities, including individuals with significant
disabilities, for competitive integrated employment;'';
(4) in paragraph (3), as redesignated by paragraph (2), by
striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(4) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful input by employers and vocational
rehabilitation service providers on successful and prospective
employment and placement strategies; and
``(5) to ensure, to the greatest extent possible, that youth
with disabilities and students with disabilities who are
transitioning from receipt of special education services under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) and receipt of services under section 504 of this Act
have opportunities for postsecondary success.''.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``in the
Department of Education'' after ``Secretary'';
(B) by striking the second sentence and inserting
``Such Administration shall be the principal agency, and
the Commissioner shall be the principal officer, of the
Department for purposes of carrying out titles I, III,
VI, and chapter 2 of title VII.''; and
(C) in the fourth and sixth sentences, by inserting
``of Education'' after ``Secretary'' the first place it
appears; and
(2) in subsection (b), by inserting ``of Education'' after
``Secretary''.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended--
(1) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following:
``(v) to the maximum extent possible, relies
on information obtained from experiences in
integrated employment settings in the community,
and other integrated community settings;'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Assistive technology terms.--
``(A) Assistive technology.--The term `assistive
technology' has the meaning given such term in section 3
of the Assistive Technology Act of 1998 (29 U.S.C.
3002).
``(B) Assistive technology device.--The term
`assistive technology device' has the meaning given such
term in section 3 of the Assistive Technology Act of
1998,
[[Page 128 STAT. 1633]]
except that the reference in such section to the term
`individuals with disabilities' shall be deemed to mean
more than 1 individual with a disability as defined in
paragraph (20)(A)).
``(C) Assistive technology service.--The term
`assistive technology service' has the meaning given
such term in section 3 of the Assistive Technology Act
of 1998, except that the reference in such section--
``(i) to the term `individual with a
disability' shall be deemed to mean an individual
with a disability, as defined in paragraph
(20)(A); and
``(ii) to the term `individuals with
disabilities' shall be deemed to mean more than 1
such individual.'';
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as redesignated by paragraph (3)--
(A) by redesignating subparagraphs (O) through (Q)
as subparagraphs (P) through (R), respectively;
(B) by inserting after subparagraph (N) the
following:
``(O) customized employment;''; and
(C) in subparagraph (R), as redesignated by
subparagraph (A) of this paragraph, by striking ``(P)''
and inserting ``(Q)'';
(5) by inserting before paragraph (6) the following:
``(5) Competitive integrated employment.--The term
`competitive integrated employment' means work that is performed
on a full-time or part-time basis (including self-employment)--
``(A) for which an individual--
``(i) is compensated at a rate that--
``(I)(aa) shall be not less than the
higher of the rate specified in section
6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the
rate specified in the applicable State
or local minimum wage law; and
``(bb) is not less than the
customary rate paid by the employer for
the same or similar work performed by
other employees who are not individuals
with disabilities, and who are similarly
situated in similar occupations by the
same employer and who have similar
training, experience, and skills; or
``(II) in the case of an individual
who is self-employed, yields an income
that is comparable to the income
received by other individuals who are
not individuals with disabilities, and
who are self-employed in similar
occupations or on similar tasks and who
have similar training, experience, and
skills; and
``(ii) is eligible for the level of benefits
provided to other employees;
``(B) that is at a location where the employee
interacts with other persons who are not individuals
with disabilities (not including supervisory personnel
or individuals who are providing services to such
employee) to the same extent that individuals who are
not individuals with disabilities and who are in
comparable positions interact with other persons; and
[[Page 128 STAT. 1634]]
``(C) that, as appropriate, presents opportunities
for advancement that are similar to those for other
employees who are not individuals with disabilities and
who have similar positions.'';
(6) in paragraph (6)(B), by striking ``includes'' and all
that follows through ``fees'' and inserting ``includes
architects' fees'';
(7) by inserting after paragraph (6) the following:
``(7) Customized employment.--The term `customized
employment' means competitive integrated employment, for an
individual with a significant disability, that is based on an
individualized determination of the strengths, needs, and
interests of the individual with a significant disability, is
designed to meet the specific abilities of the individual with a
significant disability and the business needs of the employer,
and is carried out through flexible strategies, such as--
``(A) job exploration by the individual;
``(B) working with an employer to facilitate
placement, including--
``(i) customizing a job description based on
current employer needs or on previously
unidentified and unmet employer needs;
``(ii) developing a set of job duties, a work
schedule and job arrangement, and specifics of
supervision (including performance evaluation and
review), and determining a job location;
``(iii) representation by a professional
chosen by the individual, or self-representation
of the individual, in working with an employer to
facilitate placement; and
``(iv) providing services and supports at the
job location.'';
(8) in paragraph (11)--
(A) in subparagraph (C)--
(i) by inserting ``of Education'' after
``Secretary''; and
(ii) by inserting ``customized employment,''
before ``self-employment,'';
(9) in paragraph (12), by inserting ``of Education'' after
``Secretary'' each place it appears;
(10) in paragraph (14)(C), by inserting ``of Education''
after ``Secretary'';
(11) in paragraph (17)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) services that--
``(i) facilitate the transition of individuals
with significant disabilities from nursing homes
and other institutions to home and community-based
residences, with the requisite supports and
services;
``(ii) provide assistance to individuals with
significant disabilities who are at risk of
entering institutions so that the individuals may
remain in the community; and
``(iii) facilitate the transition of youth who
are individuals with significant disabilities, who
were
[[Page 128 STAT. 1635]]
eligible for individualized education programs
under section 614(d) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d)),
and who have completed their secondary education
or otherwise left school, to postsecondary
life.'';
(12) in paragraph (18), by striking ``term'' and all that
follows through ``includes--'' and inserting ``term `independent
living services' includes--'';
(13) in paragraph (19)--
(A) in subparagraph (A), by inserting before the
period the following: ``and includes a Native and a
descendant of a Native, as such terms are defined in
subsections (b) and (r) of section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)''; and
(B) in subparagraph (B), by inserting before the
period the following: ``and a tribal organization (as
defined in section 4(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(l)))'';
(14) in paragraph (23), by striking ``section 101'' and
inserting ``section 102'';
(15) by striking paragraph (25) and inserting the following:
``(25) Local workforce development board.--The term `local
workforce development board' means a local board, as defined in
section 3 of the Workforce Innovation and Opportunity Act.'';
(16) by striking paragraph (37);
(17) by redesignating paragraphs (29) through (39) as
paragraphs (31) through (36), and (38) through (41),
respectively;
(18) by inserting after paragraph (28) the following:
``(30) Pre-employment transition services.--The term `pre-
employment transition services' means services provided in
accordance with section 113.'';
(19) by striking paragraph (33), as redesignated by
paragraph (17), and inserting the following:
``(33) Secretary.--Unless where the context otherwise
requires, the term `Secretary'--
``(A) used in title I, III, IV, V, VI, or chapter 2
of title VII, means the Secretary of Education; and
``(B) used in title II or chapter 1 of title VII,
means the Secretary of Health and Human Services.'';
(20) by striking paragraphs (35) and (36), as redesignated
by paragraph (17), and inserting the following:
``(35) State workforce development board.--The term `State
workforce development board' means a State board, as defined in
section 3 of the Workforce Innovation and Opportunity Act.
``(36) Statewide workforce development system.--The term
`statewide workforce development system' means a workforce
development system, as defined in section 3 of the Workforce
Innovation and Opportunity Act.'';
(21) by inserting after that paragraph (36) the following:
``(37) Student with a disability.--
``(A) In general.--The term `student with a
disability' means an individual with a disability who--
``(i)(I)(aa) is not younger than the earliest
age for the provision of transition services under
section
[[Page 128 STAT. 1636]]
614(d)(1)(A)(i)(VIII) of the Individuals with
Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)); or
``(bb) if the State involved elects to use a
lower minimum age for receipt of pre-employment
transition services under this Act, is not younger
than that minimum age; and
``(II)(aa) is not older than 21 years of age;
or
``(bb) if the State law for the State provides
for a higher maximum age for receipt of services
under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), is not older than
that maximum age; and
``(ii)(I) is eligible for, and receiving,
special education or related services under part B
of the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for
purposes of section 504.
``(B) Students with disabilities.--The term
`students with disabilities' means more than 1 student
with a disability.'';
(22) by striking paragraphs (38) and (39), as redesignated
by paragraph (17), and inserting the following:
``(38) Supported employment.--The term `supported
employment' means competitive integrated employment, including
customized employment, or employment in an integrated work
setting in which individuals are working on a short-term basis
toward competitive integrated employment, that is individualized
and customized consistent with the strengths, abilities,
interests, and informed choice of the individuals involved, for
individuals with the most significant disabilities--
``(A)(i) for whom competitive integrated employment
has not historically occurred; or
``(ii) for whom competitive integrated employment
has been interrupted or intermittent as a result of a
significant disability; and
``(B) who, because of the nature and severity of
their disability, need intensive supported employment
services and extended services after the transition
described in paragraph (13)(C), in order to perform the
work involved.
``(39) Supported employment services.--The term `supported
employment services' means ongoing support services, including
customized employment, needed to support and maintain an
individual with a most significant disability in supported
employment, that--
``(A) are provided singly or in combination and are
organized and made available in such a way as to assist
an eligible individual to achieve competitive integrated
employment;
``(B) are based on a determination of the needs of
an eligible individual, as specified in an
individualized plan for employment; and
``(C) are provided by the designated State unit for
a period of not more than 24 months, except that period
may be extended, if necessary, in order to achieve the
[[Page 128 STAT. 1637]]
employment outcome identified in the individualized plan
for employment.'';
(23) in paragraph (41), as redesignated by paragraph (17),
by striking ``as defined in section 101 of the Workforce
Investment Act of 1998'' and inserting ``as defined in section 3
of the Workforce Innovation and Opportunity Act''; and
(24) by inserting after paragraph (41), as redesignated by
paragraph (17), the following:
``(42) Youth with a disability.--
``(A) In general.--The term `youth with a
disability' means an individual with a disability who--
``(i) is not younger than 14 years of age; and
``(ii) is not older than 24 years of age.
``(B) Youth with disabilities.--The term `youth with
disabilities' means more than 1 youth with a
disability.''.
SEC. 405. ADMINISTRATION OF THE ACT.
(a) Promulgation.--Section 8(a)(2) (29 U.S.C. 706(a)(2)) is amended
by inserting ``of Education'' after ``Secretary''.
(b) Privacy.--Section 11 (29 U.S.C. 708) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following:
``(b) <<NOTE: Applicability.>> Section 501 of the Workforce
Innovation and Opportunity Act shall apply, as specified in that
section, to amendments to this Act that were made by the Workforce
Innovation and Opportunity Act.''.
(c) Administration.--Section 12 (29 U.S.C. 709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1)'' and inserting
``(1)(A)''; and
(ii) by adding at the end the following:
``(B) provide technical assistance to the designated
State units on developing successful partnerships with
local and multi-State businesses in an effort to
increase the employment of individuals with
disabilities;
``(C) provide technical assistance to providers and
organizations on developing self-employment
opportunities and outcomes for individuals with
disabilities; and
``(D) provide technical assistance to entities
carrying out community rehabilitation programs to build
their internal capacity to provide individualized
services and supports leading to competitive integrated
employment, and to transition individuals with
disabilities away from nonintegrated settings;''; and
(B) in paragraph (2), by striking ``, centers for
independent living,'';
(2) in subsection (c), by striking ``Commissioner'' the
first place it appears and inserting ``Secretary of Education'';
(3) in subsection (d), by inserting ``of Education'' after
``Secretary'';
(4) in subsection (e)--
(A) by striking ``Rehabilitation Act Amendments of
1998'' each place it appears and inserting ``Workforce
Innovation and Opportunity Act''; and
(B) by inserting ``of Education'' after
``Secretary'';
(5) in subsection (f), by inserting ``of Education'' after
``Secretary'';
[[Page 128 STAT. 1638]]
(6)(A) in subsection (c), by striking ``(c)'' and inserting
``(c)(1)'';
(B) in subsection (d), by striking ``(d)'' and inserting
``(d)(1)'';
(C) in subsection (e), by striking ``(e)'' and inserting
``(2)'';
(D) in subsection (f), by striking ``(f)'' and inserting
``(2)''; and
(E) by moving paragraph (2) (as redesignated by subparagraph
(D)) to the end of subsection (c); and
(7) by inserting after subsection (d) the following:
``(e)(1) The Administrator of the Administration for Community
Living (referred to in this subsection as the `Administrator') may carry
out the authorities and shall carry out the responsibilities of the
Commissioner described in paragraphs (1)(A) and (2) through (4) of
subsection (a), and subsection (b), except that, for purposes of
applying subsections (a) and (b), a reference in those subsections--
``(A) to facilitating meaningful and effective participation
shall be considered to be a reference to facilitating meaningful
and effective collaboration with independent living programs,
and promoting a philosophy of independent living for individuals
with disabilities in community activities; and
``(B) to training for personnel shall be considered to be a
reference to training for the personnel of centers for
independent living and Statewide Independent Living Councils.
``(2) The Secretary of Health and Human Services may carry out the
authorities and shall carry out the responsibilities of the Secretary of
Education described in subsections (c) and (d).
``(f)(1) In subsections (a) through (d), a reference to `this Act'
means a provision of this Act that the Secretary of Education has
authority to carry out; and
``(2) In subsection (e), for purposes of applying subsections (a)
through (d), a reference in those subsections to `this Act' means a
provision of this Act that the Secretary of Health and Human Services
has authority to carry out.''.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 710) is amended--
(1) in section (c)--
(A) by striking ``(c)'' and inserting ``(c)(1)'';
and
(B) in the second sentence, by striking ``section
136(d) of the Workforce Investment Act of 1998'' and
inserting ``section 116(d)(2) of the Workforce
Innovation and Opportunity Act''; and
(2) by adding at the end the following:
``(d) <<NOTE: Public information.>> The Commissioner shall ensure
that the report described in this section is made publicly available in
a timely manner, including through electronic means, in order to inform
the public about the administration and performance of programs under
this Act.''.
SEC. 407. EVALUATION AND INFORMATION.
(a) Evaluation.--Section 14 (29 U.S.C. 711) is amended--
(1) by inserting ``of Education'' after ``Secretary'' each
place it appears;
(2) in subsection (f)(2), by inserting ``competitive''
before ``integrated employment'';
(3)(A) in subsection (b), by striking ``(b)'' and inserting
``(b)(1)'';
[[Page 128 STAT. 1639]]
(B) in subsection (c), by striking ``(c)'' and inserting
``(2)'';
(C) in subsection (d), by striking ``(d)'' and inserting
``(3)''; and
(D) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively;
(4) by inserting after subsection (d), as redesignated by
paragraph (3)(D), the following:
``(e)(1) The Secretary of Health and Human Services may carry out
the authorities and shall carry out the responsibilities of the
Secretary of Education described in subsections (a) and (b).
``(2) The Administrator of the Administration for Community Living
may carry out the authorities and shall carry out the responsibilities
of the Commissioner described in subsections (a) and (d)(1), except
that, for purposes of applying those subsections, a reference in those
subsections to exemplary practices shall be considered to be a reference
to exemplary practices concerning independent living services and
centers for independent living.
``(f)(1) In subsections (a) through (d), a reference to `this Act'
means a provision of this Act that the Secretary of Education has
authority to carry out; and
``(2) In subsection (e), for purposes of applying subsections (a),
(b), and (d), a reference in those subsections to `this Act' means a
provision of this Act that the Secretary of Health and Human Services
has authority to carry out.''.
(b) Information.--Section 15 (29 U.S.C. 712) is amended--
(1) in subsection (a)--
(A) by inserting ``of Education'' after
``Secretary'' each place it appears; and
(B) in paragraph (1), by striking ``State workforce
investment boards'' and inserting ``State workforce
development boards''; and
(2) in subsection (b), by striking ``Secretary'' and
inserting ``Secretary of Education''.
SEC. 408. CARRYOVER.
Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by striking ``part
B of title VI'' and inserting ``title VI''.
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``racial'' and inserting ``demographic'';
(ii) in the second sentence--
(I) by striking ``rate of increase''
the first place it appears and inserting
``percentage increase from 2000 to
2010'';
(II) by striking ``is 3.2'' and
inserting ``was 9.7'';
(III) by striking ``rate of
increase'' and inserting ``percentage
increase'';
(IV) by striking ``is much'' and
inserting ``was much'';
(V) by striking ``38.6'' and
inserting ``43.0'';
(VI) by striking ``14.6'' and
inserting ``12.3'';
(VII) by striking ``40.1'' and
inserting ``43.2''; and
[[Page 128 STAT. 1640]]
(VIII) by striking ``and other
ethnic groups''; and
(iii) by striking the last sentence; and
(B) in paragraph (2), by striking the second and
third sentences and inserting the following: ``In 2011--
``(A) among Americans ages 16 through 64, the rate
of disability was 12.1 percent;
``(B) among African-Americans in that age range, the
disability rate was more than twice as high, at 27.1
percent; and
``(C) for American Indians and Alaska Natives in the
same age range, the disability rate was also more than
twice as high, at 27.0 percent.'';
(2) in subsection (b)(1), by striking ``National Institute
on Disability and Rehabilitation Research'' and inserting
``National Institute on Disability, Independent Living, and
Rehabilitation Research''; and
(3) in subsection (c), by striking ``Director'' and
inserting ``Director of the National Institute on Disability,
Independent Living, and Rehabilitation Research''.
Subtitle B--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS.
(a) Findings; Purpose; Policy.--Section 100(a) (29 U.S.C. 720(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``integrated''
and inserting ``competitive integrated employment'';
(B) in subparagraph (D)(iii), by striking ``medicare
and medicaid'' and inserting ``Medicare and Medicaid'';
(C) in subparagraph (F), by striking ``investment''
and inserting ``development''; and
(D) in subparagraph (G)--
(i) by striking ``workforce investment
systems'' and inserting ``workforce development
systems''; and
(ii) by striking ``workforce investment
activities'' and inserting ``workforce development
activities'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``workforce
investment system'' and inserting ``workforce
development system''; and
(B) in subparagraph (B), by striking ``and informed
choice,'' and inserting ``informed choice, and economic
self-sufficiency,''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``gainful
employment in integrated settings'' and inserting
``competitive integrated employment''; and
(B) in subparagraph (E), by inserting ``should''
before ``facilitate''.
(b) Authorization of Appropriations.--Section 100(b)(1) (29 U.S.C.
720(b)(1)) is amended by striking ``such sums as may be
[[Page 128 STAT. 1641]]
necessary for fiscal years 1999 through 2003'' and inserting
``$3,302,053,000 for each of the fiscal years 2015 through 2020''.
SEC. 412. STATE PLANS.
(a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to
participate'' and all that follows and inserting ``to
receive funds under this title for a fiscal year, a
State shall submit, and have approved by the Secretary
and the Secretary of Labor, a unified State plan in
accordance with section 102, or a combined State plan in
accordance with section 103, of the Workforce Innovation
and Opportunity Act. The unified or combined State plan
shall include, in the portion of the plan described in
section 102(b)(2)(D) of such Act (referred to in this
subsection as the `vocational rehabilitation services
portion'), the provisions of a State plan for vocational
rehabilitation services, described in this
subsection.''; and
(B) in subparagraph (B)--
(i) by striking ``in the State plan for
vocational rehabilitation services,'' and
inserting ``as part of the vocational
rehabilitation services portion of the unified or
combined State plan submitted in accordance with
subparagraph (A),''; and
(ii) by striking ``Rehabilitation Act
Amendments of 1998'' and inserting ``Workforce
Innovation and Opportunity Act''; and
(C) in subparagraph (C)--
(i) by striking ``The State plan shall remain
in effect subject to the submission of such
modifications'' and inserting ``The vocational
rehabilitation services portion of the unified or
combined State plan submitted in accordance with
subparagraph (A) shall remain in effect until the
State submits and receives approval of a new State
plan in accordance with subparagraph (A), or until
the submission of such modifications''; and
(ii) by striking ``, until the State submits
and receives approval of a new State plan'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``The State
plan'' and inserting ``The State plan for vocational
rehabilitation services''; and
(B) in subparagraph (B)(ii)--
(i) in subclause (II), by inserting ``who is
responsible for the day-to-day operation of the
vocational rehabilitation program'' before the
semicolon;
(ii) in subclause (III), by striking ``and''
at the end;
(iii) in subclause (IV), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(V) has the sole authority and
responsibility within the designated
State agency described in subparagraph
(A) to expend funds made available
[[Page 128 STAT. 1642]]
under this title in a manner that is
consistent with the purposes of this
title.'';
(3) in paragraph (5)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) notwithstanding subparagraph (C), permit the
State, in its discretion, to elect to serve eligible
individuals (whether or not receiving vocational
rehabilitation services) who require specific services
or equipment to maintain employment; and'';
(4) in paragraph (7)--
(A) in subparagraph (A)(v)--
(i) in subclause (I), after ``rehabilitation
technology'' insert the following: ``, including
training implemented in coordination with entities
carrying out State programs under section 4 of the
Assistive Technology Act of 1998 (29 U.S.C.
3003)''; and
(ii) in subclause (II), by striking
``Rehabilitation Act Amendments of 1998'' and
inserting ``Workforce Innovation and Opportunity
Act''; and
(B) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) the establishment and maintenance of
education and experience requirements, to ensure
that the personnel have a 21st century
understanding of the evolving labor force and the
needs of individuals with disabilities, including
requirements for--
``(I)(aa) attainment of a
baccalaureate degree in a field of study
reasonably related to vocational
rehabilitation, to indicate a level of
competency and skill demonstrating basic
preparation in a field of study such as
vocational rehabilitation counseling,
social work, psychology, disability
studies, business administration, human
resources, special education, supported
employment, customized employment,
economics, or another field that
reasonably prepares individuals to work
with consumers and employers; and
``(bb) demonstrated paid or unpaid
experience, for not less than 1 year,
consisting of--
``(AA) direct work with
individuals with disabilities in
a setting such as an independent
living center;
``(BB) direct service or
advocacy activities that provide
such individual with experience
and skills in working with
individuals with disabilities;
or
``(CC) direct experience as
an employer, as a small business
owner or operator, or in self-
employment, or other experience
in human resources, recruitment,
or experience in supervising
employees, training, or other
activities that provide
experience in competitive
integrated employment
environments; or
[[Page 128 STAT. 1643]]
``(II) attainment of a master's or
doctoral degree in a field of study such
as vocational rehabilitation counseling,
law, social work, psychology, disability
studies, business administration, human
resources, special education,
management, public administration, or
another field that reasonably provides
competence in the employment sector, in
a disability field, or in both business-
related and rehabilitation-related
fields; and'';
(5) in paragraph (8)--
(A) in subparagraph (A)(i)--
(i) by inserting ``an accommodation or
auxiliary aid or service or'' after ``prior to
providing''; and
(ii) by striking ``(5)(D)'' and inserting
``(5)(E)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``medicaid'' and
inserting ``Medicaid'';
(II) by striking ``workforce
investment system'' and inserting
``workforce development system'';
(III) by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(IV) by inserting ``and, if
appropriate, accommodations or auxiliary
aids and services,'' before ``that are
included''; and
(V) by striking ``provision of such
vocational rehabilitation services'' and
inserting ``provision of such vocational
rehabilitation services (including, if
appropriate, accommodations or auxiliary
aids and services)''; and
(ii) in clause (iv)--
(I) by striking ``(5)(D)'' and
inserting ``(5)(E)''; and
(II) by inserting ``, and
accommodations or auxiliary aids and
services'' before the period; and
(C) in subparagraph (C)(i), by striking ``(5)(D)''
and inserting ``(5)(E)'';
(6) in paragraph (10)--
(A) in subparagraph (B), by striking ``annual'' and
all that follows through ``of 1998'' and inserting
``annual reporting of information, on eligible
individuals receiving the services, that is necessary to
assess the State's performance on the standards and
indicators described in section 106(a)'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``, from each State,'' after
``additional data'';
(ii) by striking clause (i) and inserting:
``(i) the number of applicants and the number
of individuals determined to be eligible or
ineligible for the program carried out under this
title, including the number of individuals
determined to be ineligible (disaggregated by type
of disability and age);'';
(iii) in clause (ii)--
(I) in subclause (I), by striking
``(5)(D)'' and inserting ``(5)(E)'';
(II) in subclause (II), by striking
``and'' at the end; and
[[Page 128 STAT. 1644]]
(III) by adding at the end the
following:
``(IV) the number of individuals
with open cases (disaggregated by those
who are receiving training and those who
are in postsecondary education), and the
type of services the individuals are
receiving (including supported
employment);
``(V) the number of students with
disabilities who are receiving pre-
employment transition services under
this title: and
``(VI) the number of individuals
referred to State vocational
rehabilitation programs by one-stop
operators (as defined in section 3 of
the Workforce Innovation and Opportunity
Act), and the number of individuals
referred to such one-stop operators by
State vocational rehabilitation
programs;''; and
(iv) in clause (iv)(I), by inserting before
the semicolon the following: ``and, for those who
achieved employment outcomes, the average length
of time to obtain employment'';
(C) in subparagraph (D)(i), by striking ``title I of
the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity
Act'';
(D) in subparagraph (E)(ii), by striking ``of the
State'' and all that follows and inserting ``of the
State in meeting the standards and indicators
established pursuant to section 106.''; and
(E) by adding at the end the following:
``(G) Rules for reporting of data.--The
disaggregation of data under this Act shall not be
required within a category if the number of individuals
in a category is insufficient to yield statistically
reliable information, or if the results would reveal
personally identifiable information about an individual.
``(H) Comprehensive report.--The State plan shall
specify that the Commissioner will provide an annual
comprehensive report that includes the reports and data
required under this section, as well as a summary of the
reports and data, for each fiscal year. The Commissioner
shall submit the report to the Committee on Education
and the Workforce of the House of Representatives, the
Committee on Appropriations of the House of
Representatives, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Appropriations of the Senate, not later than 90 days
after the end of the fiscal year involved.'';
(7) in paragraph (11)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``workforce investment systems'' and inserting
``workforce development systems'';
(ii) in the matter preceding clause (i), by
striking ``workforce investment system'' and
inserting ``workforce development system'';
(iii) in clause (i)(II)--
(I) by striking ``investment'' and
inserting ``development''; and
[[Page 128 STAT. 1645]]
(II) by inserting ``(including
programmatic accessibility and physical
accessibility)'' after ``program
accessibility'';
(iv) in clause (ii), by striking ``workforce
investment system'' and inserting ``workforce
development system''; and
(v) in clause (v), by striking ``workforce
investment system'' and inserting ``workforce
development system'';
(B) in subparagraph (B), by striking ``workforce
investment system'' and inserting ``workforce
development system'';
(C) in subparagraph (C)--
(i) by inserting ``the State programs carried
out under section 4 of the Assistive Technology
Act of 1998 (29 U.S.C. 3003),'' after
``including'';
(ii) by inserting ``, noneducational agencies
serving out-of-school youth,'' after
``Agriculture''; and
(iii) by striking ``such agencies and
programs'' and inserting ``such Federal, State,
and local agencies and programs''; and
(iv) by striking ``workforce investment
system'' and inserting ``workforce development
system'';
(D) in subparagraph (D)--
(i) in the matter preceding clause (i), by
inserting ``, including pre-employment transition
services,'' before ``under this title'';
(ii) in clause (i), by inserting ``, which may
be provided using alternative means for meeting
participation (such as video conferences and
conference calls),'' after ``consultation and
technical assistance''; and
(iii) in clause (ii), by striking
``completion'' and inserting ``implementation'';
(E) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(F) by inserting after subparagraph (D) the
following:
``(E) Coordination with employers.--The State plan
shall describe how the designated State unit will work
with employers to identify competitive integrated
employment opportunities and career exploration
opportunities, in order to facilitate the provision of--
``(i) vocational rehabilitation services; and
``(ii) transition services for youth with
disabilities and students with disabilities, such
as pre-employment transition services.'';
(G) in subparagraph (F), as redesignated by
subparagraph (E) of this paragraph--
(i) by inserting ``chapter 1 of'' after ``part
C of''; and
(ii) by inserting ``, as appropriate'' before
the period;
(H) by inserting after subparagraph (F), as
redesignated by subparagraph (E) of this paragraph, the
following:
``(G) Cooperative agreement regarding individuals
eligible for home and community-based waiver programs.--
The State plan shall include an assurance that
[[Page 128 STAT. 1646]]
the designated State unit has entered into a formal
cooperative agreement with the State agency responsible
for administering the State Medicaid plan under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
and the State agency with primary responsibility for
providing services and supports for individuals with
intellectual disabilities and individuals with
developmental disabilities, with respect to the delivery
of vocational rehabilitation services, including
extended services, for individuals with the most
significant disabilities who have been determined to be
eligible for home and community-based services under a
Medicaid waiver, Medicaid State plan amendment, or other
authority related to a State Medicaid program.'';
(I) in subparagraph (H), as redesignated by
subparagraph (E) of this paragraph--
(i) in clause (ii)--
(I) by inserting ``on or'' before
``near''; and
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause
(iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) strategies for the provision of
transition planning, by personnel of the
designated State unit, the State educational
agency, and the recipient of funds under part C,
that will facilitate the development and approval
of the individualized plans for employment under
section 102; and''; and
(J) by adding at the end the following:
``(I) Coordination with assistive technology
programs.--The State plan shall include an assurance
that the designated State unit, and the lead agency and
implementing entity (if any) designated by the Governor
of the State under section 4 of the Assistive Technology
Act of 1998 (29 U.S.C. 3003), have developed working
relationships and will enter into agreements for the
coordination of their activities, including the referral
of individuals with disabilities to programs and
activities described in that section.
``(J) Coordination with ticket to work and self-
sufficiency program.--The State plan shall include an
assurance that the designated State unit will coordinate
activities with any other State agency that is
functioning as an employment network under the Ticket to
Work and Self-Sufficiency Program established under
section 1148 of the Social Security Act (42 U.S.C.
1320b-19).
``(K) Interagency cooperation.--The State plan shall
describe how the designated State agency or agencies (if
more than 1 agency is designated under paragraph (2)(A))
will collaborate with the State agency responsible for
administering the State Medicaid plan under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), the
State agency responsible for providing services for
individuals with developmental disabilities, and the
State agency responsible for providing mental health
services, to develop opportunities for community-based
employment in integrated settings, to the greatest
extent practicable.'';
(8) in paragraph (14)--
[[Page 128 STAT. 1647]]
(A) in the paragraph header, by striking ``Annual''
and inserting ``Semiannual'';
(B) in subparagraph (A)--
(i) by striking ``an annual'' and inserting
``a semiannual'';
(ii) by striking ``has achieved an employment
outcome'' and inserting ``is employed'';
(iii) by striking ``achievement of the
outcome'' and all that follows through
``representative)'' and inserting ``beginning of
such employment, and annually thereafter'';
(iv) by striking ``to competitive'' and all
that follows and inserting the following: ``to
competitive integrated employment or training for
competitive integrated employment;'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) in subparagraph (C), by striking ``the
individuals described'' and all that follows and
inserting ``individuals described in subparagraph (A) in
attaining competitive integrated employment; and''; and
(E) by adding at the end the following:
``(D) <<NOTE: Reports. Deadline.>> an assurance
that the State will report the information generated
under subparagraphs (A), (B), and (C), for each of the
individuals, to the Administrator of the Wage and Hour
Division of the Department of Labor for each fiscal
year, not later than 60 days after the end of the fiscal
year.'';
(9) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking
``and'' at the end;
(II) in subclause (III)--
(aa) by striking ``workforce
investment system'' and
inserting ``workforce
development system''; and
(bb) by adding ``and'' at
the end; and
(III) by adding at the end the
following:
``(IV) youth with disabilities, and
students with disabilities, including
their need for pre-employment transition
services or other transition
services;'';
(ii) by redesignating clauses (ii) and (iii)
as clauses (iii) and (iv), respectively; and
(iii) by inserting after clause (i) the
following:
``(ii) include an assessment of the needs of
individuals with disabilities for transition
services and pre-employment transition services,
and the extent to which such services provided
under this Act are coordinated with transition
services provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) in order to meet the needs of individuals
with disabilities.'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by striking ``part B of title
VI'' and inserting ``title VI''; and
[[Page 128 STAT. 1648]]
(II) by striking ``and'' at the end;
(ii) by redesignating clause (iii) as clause
(iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) the number of individuals who are
eligible for services under this title, but are
not receiving such services due to an order of
selection; and''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (iii) through (v)
as clauses (iv) through (vi), respectively;
(ii) by inserting after clause (ii) the
following:
``(iii) the methods to be used to improve and
expand vocational rehabilitation services for
students with disabilities, including the
coordination of services designed to facilitate
the transition of such students from the receipt
of educational services in school to postsecondary
life (including the receipt of vocational
rehabilitation services under this title,
postsecondary education, employment, and pre-
employment transition services);''; and
(iii) in clause (vi), as redesignated by
clause (i) of this subparagraph, by striking
``workforce investment system'' and inserting
``workforce development system'';
(10) in paragraph (20), in subparagraphs (A) and (B)(i), by
striking ``workforce investment system'' and inserting
``workforce development system'';
(11) in paragraph (22), by striking ``part B of title VI''
and inserting ``title VI''; and
(12) by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan shall provide an assurance that, with respect to students
with disabilities, the State--
``(A) has developed and will implement--
``(i) strategies to address the needs
identified in the assessments described in
paragraph (15); and
``(ii) strategies to achieve the goals and
priorities identified by the State, in accordance
with paragraph (15), to improve and expand
vocational rehabilitation services for students
with disabilities on a statewide basis; and
``(B) has developed and will implement strategies to
provide pre-employment transition services.
``(26) Job growth and development.--The State plan shall
provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or occupations
under sections 106(c) and 108 of the Workforce Innovation and
Opportunity Act to increase competitive integrated employment
opportunities for individuals with disabilities.''.
(b) Approval.--Section 101(b) (29 U.S.C. 721(b)) is amended to read
as follows:
``(b) Submission; Approval; Modification.--The State plan for
vocational rehabilitation services shall be subject to--
``(1) subsection (c) of section 102 of the Workforce
Innovation and Opportunity Act, in a case in which that plan is
a portion of the unified State plan described in that section
102; and
[[Page 128 STAT. 1649]]
``(2) subsection (b), and paragraphs (1), (2), and (3) of
subsection (c), of section 103 of such Act in a case in which
that State plan for vocational rehabilitation services is a
portion of the combined State plan described in that section
103.''.
(c) Construction.--Section 101 (29 U.S.C. 721) is amended by adding
at the end the following:
``(c) Construction.--Nothing in this part shall be construed to
reduce the obligation under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) of a local educational agency or any other
agency to provide or pay for any transition services that are also
considered special education or related services and that are necessary
for ensuring a free appropriate public education to children with
disabilities within the State involved.''.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``is an'' and
inserting ``has undergone an assessment for determining
eligibility and vocational rehabilitation needs and as a
result has been determined to be an'';
(B) in subparagraph (B), by striking ``or regain
employment.'' and inserting ``advance in, or regain
employment that is consistent with the individual's
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.''; and
(C) by adding at the end the following: ``For
purposes of an assessment for determining eligibility
and vocational rehabilitation needs under this Act, an
individual shall be presumed to have a goal of an
employment outcome.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``Demonstration'' and inserting ``Applicants'';
and
(ii) by striking ``, unless'' and all that
follows and inserting a period; and
(B) in subparagraph (B)--
(i) in the subparagraph header, by striking
``Methods'' and inserting ``Responsibilities'';
(ii) in the first sentence--
(I) by striking ``In making the
demonstration required under
subparagraph (A),'' and inserting
``Prior to determining under this
subsection that an applicant described
in subparagraph (A) is unable to benefit
due to the severity of the individual's
disability or that the individual is
ineligible for vocational rehabilitation
services,''; and
(II) by striking ``, except under''
and all that follows and inserting a
period; and
(iii) in the second sentence, by striking
``individual or to determine'' and all that
follows and inserting ``individual. In providing
the trial experiences, the designated State unit
shall provide the individual with the opportunity
to try different employment experiences, including
supported employment, and the opportunity to
become employed in competitive integrated
employment.'';
[[Page 128 STAT. 1650]]
(3) in paragraph (3)(A)(ii), by striking ``outcome from''
and all that follows and inserting ``outcome due to the severity
of the individual's disability (as of the date of the
determination).''; and
(4) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``If an individual'' and
inserting ``If, after the designated State unit
carries out the activities described in paragraph
(2)(B), a review of existing data, and, to the
extent necessary, the assessment activities
described in section 7(2)(A)(ii), an individual'';
and
(ii) by striking ``title is determined'' and
all that follows through ``not to be'' and
inserting ``title is determined not to be'';
(B) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B), as
redesignated by subparagraph (B) of this paragraph, the
following:
``(A) the ineligibility determination shall be an
individualized one, based on the available data, and
shall not be based on assumptions about broad categories
of disabilities;''; and
(D) in clause (i) of subparagraph (C), as
redesignated by subparagraph (B) of this paragraph, by
inserting after ``determination'' the following: ``,
including the clear and convincing evidence that forms
the basis for the determination of ineligibility''.
(b) Development of an Individualized Plan for Employment, and
Related Information.--Section 102(b) (29 U.S.C. 722(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``, to the extent determined to be
appropriate by the eligible individual,''; and
(B) by inserting ``or, as appropriate, a disability
advocacy organization'' after ``counselor'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Individuals desiring to enter the workforce.--For an
individual entitled to benefits under title II or XVI of the
Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the
basis of a disability or blindness, the designated State unit
shall provide to the individual general information on
additional supports and assistance for individuals with
disabilities desiring to enter the workforce, including
assistance with benefits planning.'';
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at the
end;
(ii) in clause (ii), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) amended, as necessary, to include the
postemployment services and service providers that
are necessary for the individual to maintain or
regain employment, consistent with the
individual's strengths,
[[Page 128 STAT. 1651]]
resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.'';
and
(B) by adding at the end the following:
``(F) <<NOTE: Deadline.>> Timeframe for completing
the individualized plan for employment.--The
individualized plan for employment shall be developed as
soon as possible, but not later than a deadline of 90
days after the date of the determination of eligibility
described in paragraph (1), unless the designated State
unit and the eligible individual agree to an extension
of that deadline to a specific date by which the
individualized plan for employment shall be
completed.''; and
(5) in paragraph (4), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (A), by striking ``choice of
the'' and all that follows and inserting ``choice of the
eligible individual, consistent with the general goal of
competitive integrated employment (except that in the
case of an eligible individual who is a student, the
description may be a description of the student's
projected postschool employment outcome);'';
(B) in subparagraph (B)(i)--
(i) by redesignating subclause (II) as
subclause (III); and
(ii) by striking subclause (I) and inserting
the following:
``(I) needed to achieve the employment
outcome, including, as appropriate--
``(aa) the provision of assistive
technology devices and assistive
technology services (including referrals
described in section 103(a)(3) to the
device reutilization programs and
demonstrations described in
subparagraphs (B) and (D) of section
4(e)(2) of the Assistive Technology Act
of 1998 (29 U.S.C. 3003(e)(2)) through
agreements developed under section
101(a)(11)(I); and
``(bb) personal assistance services
(including training in the management of
such services);
``(II) in the case of a plan for an eligible
individual that is a student, the specific
transition services and supports needed to achieve
the student's employment outcome or projected
postschool employment outcome; and'';
(C) in subparagraph (F), by striking ``and'' at the
end;
(D) in subparagraph (G), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) for an individual who also is receiving
assistance from an employment network under the Ticket
to Work and Self-Sufficiency Program established under
section 1148 of the Social Security Act (42 U.S.C.
1320b-19), a description of how responsibility for
service delivery will be divided between the employment
network and the designated State unit.''.
(c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is amended--
[[Page 128 STAT. 1652]]
(1) in paragraph (1), by adding at the end the following:
``The procedures shall allow an applicant or an eligible
individual the opportunity to request mediation, an impartial
due process hearing, or both procedures.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) any applicable State limit on the time
by which a request for mediation under paragraph
(4) or a hearing under paragraph (5) shall be
made, and any required procedure by which the
request shall be made.''; and
(3) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Officer.--A due process hearing described in
paragraph (2) shall be conducted by an impartial hearing
officer who, on reviewing the evidence presented, shall
issue a written decision based on the provisions of the
approved State plan, requirements specified in this Act
(including regulations implementing this Act), and State
regulations and policies that are consistent with the
Federal requirements specified in this title. The
officer shall provide the written decision to the
applicant or eligible individual, or, as appropriate,
the applicant's representative or individual's
representative, and to the designated State unit. The
impartial hearing officer shall have the authority to
render a decision and require actions regarding the
applicant's or eligible individual's vocational
rehabilitation services under this title.''; and
(B) in subparagraph (B), by striking ``in laws'' and
inserting ``about Federal laws''.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)--
(A) in paragraph (13), by striking ``workforce
investment system'' and inserting ``workforce
development system'';
(B) by striking paragraph (15) and inserting the
following:
``(15) transition services for students with disabilities,
that facilitate the transition from school to postsecondary
life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment transition
services;'';
(C) by redesignating paragraphs (17) and (18) as
paragraphs (19) and (20), respectively; and
(D) by inserting after paragraph (16) the following:
``(17) customized employment;
``(18) encouraging qualified individuals who are eligible to
receive services under this title to pursue advanced training in
a science, technology, engineering, or mathematics (including
computer science) field, medicine, law, or business;''.
(2) in subsection (b)--
[[Page 128 STAT. 1653]]
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(A)''; and
(II) by striking the second sentence
and inserting ``Such programs shall be
used to provide services described in
this section that promote integration
into the community and that prepare
individuals with disabilities for
competitive integrated employment,
including supported employment and
customized employment.''; and
(ii) by striking subparagraph (B);
(B) by striking paragraph (5) and inserting the
following:
``(5) Technical assistance to businesses that are seeking to
employ individuals with disabilities.''; and
(C) by striking paragraph (6) and inserting the
following:
``(6) Consultation and technical assistance services to
assist State educational agencies and local educational agencies
in planning for the transition of students with disabilities
from school to postsecondary life, including employment.
``(7) Transition services to youth with disabilities and
students with disabilities, for which a vocational
rehabilitation counselor works in concert with educational
agencies, providers of job training programs, providers of
services under the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), entities
designated by the State to provide services for individuals with
developmental disabilities, centers for independent living (as
defined in section 702), housing and transportation authorities,
workforce development systems, and businesses and employers.
``(8) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) to promote access to assistive technology for individuals
with disabilities and employers.
``(9) <<NOTE: Applicability.>> Support (including, as
appropriate, tuition) for advanced training in a science,
technology, engineering, or mathematics (including computer
science) field, medicine, law, or business, provided after an
individual eligible to receive services under this title,
demonstrates--
``(A) such eligibility;
``(B) previous completion of a bachelor's degree
program at an institution of higher education or
scheduled completion of such degree program prior to
matriculating in the program for which the individual
proposes to use the support; and
``(C) acceptance by a program at an institution of
higher education in the United States that confers a
master's degree in a science, technology, engineering,
or mathematics (including computer science) field, a
juris doctor degree, a master of business administration
degree, or a doctor of medicine degree,
[[Page 128 STAT. 1654]]
except that the limitations of subsection (a)(5) that apply to
training services shall apply to support described in this
paragraph, and nothing in this paragraph shall prevent any
designated State unit from providing similar support to
individuals with disabilities within the State who are eligible
to receive support under this title and who are not served under
this paragraph.''.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)(A)--
(A) by striking clause (ix) and inserting the
following:
``(ix) in a State in which one or more
projects are funded under section 121, at least
one representative of the directors of the
projects located in such State;''; and
(B) in clause (xi), by striking ``State workforce
investment board'' and inserting ``State workforce
development board''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``State workforce investment board'' and
inserting ``State workforce development board''; and
(B) in paragraph (6), by striking ``Service Act''
and all that follows and inserting ``Service Act (42
U.S.C. 300x-3(a)) and the State workforce development
board, and with the activities of entities carrying out
programs under the Assistive Technology Act of 1998 (29
U.S.C. 3001 et seq.);''.
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106 (29 U.S.C. 726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Standards and indicators.--The evaluation standards
and performance indicators for the vocational rehabilitation
program carried out under this title shall be subject to the
performance accountability provisions described in section
116(b) of the Workforce Innovation and Opportunity Act.
``(2) Additional performance accountability indicators.--A
State may establish and provide information on additional
performance accountability indicators, which shall be identified
in the State plan submitted under section 101.''; and
(2) in subsection (b)(2)(B)(i), by striking ``review the
program'' and all that follows through ``request the State'' and
inserting ``on a biannual basis, review the program improvement
efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the
Commissioner, direct the State''.
SEC. 417. MONITORING AND REVIEW.
(a) In General.--Section 107 (29 U.S.C. 727) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(E), by inserting before the
period the following: ``, including personnel of a
client assistance program under section 112, and past or
current recipients of vocational rehabilitation
services''; and
(B) in paragraph (4)--
[[Page 128 STAT. 1655]]
(i) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) the eligibility process, including the process
related to the determination of ineligibility under
section 102(a)(5);
``(B) the provision of services, including supported
employment services and pre-employment transition
services, and, if applicable, the order of selection;'';
(ii) in subparagraph (C), by striking ``and''
at the end;
(iii) by redesignating subparagraph (D) as
subparagraph (E); and
(iv) by inserting after subparagraph (C) the
following:
``(D) data reported under section 101(a)(10)(C)(i);
and''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) provide technical assistance to programs under this
title to--
``(A) promote high-quality employment outcomes for
individuals with disabilities;
``(B) integrate veterans who are individuals with
disabilities into their communities and to support the
veterans to obtain and retain competitive integrated
employment;
``(C) develop, improve, and disseminate information
on procedures, practices, and strategies, including for
the preparation of personnel, to better enable
individuals with intellectual disabilities and other
individuals with disabilities to participate in
postsecondary educational experiences and to obtain and
retain competitive integrated employment; and
``(D) apply evidence-based findings to facilitate
systemic improvements in the transition of youth with
disabilities to postsecondary life.''.
(b) Technical Amendment.--Section 108(a) (29 U.S.C. 728(a)) is
amended by striking ``part B of title VI'' and inserting ``title VI''.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
``SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
``A State may expend payments received under section 111 to educate
and provide services to employers who have hired or are interested in
hiring individuals with disabilities under programs carried out under
this title, including--
``(1) providing training and technical assistance to
employers regarding the employment of individuals with
disabilities, including disability awareness, and the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and other employment-related laws;
``(2) working with employers to--
``(A) provide opportunities for work-based learning
experiences (including internships, short-term
employment,
[[Page 128 STAT. 1656]]
apprenticeships, and fellowships), and opportunities for
pre-employment transition services;
``(B) recruit qualified applicants who are
individuals with disabilities;
``(C) train employees who are individuals with
disabilities; and
``(D) promote awareness of disability-related
obstacles to continued employment;
``(3) providing consultation, technical assistance, and
support to employers on workplace accommodations, assistive
technology, and facilities and workplace access through
collaboration with community partners and employers, across
States and nationally, to enable the employers to recruit, job
match, hire, and retain qualified individuals with disabilities
who are recipients of vocational rehabilitation services under
this title, or who are applicants for such services; and
``(4) assisting employers with utilizing available financial
support for hiring or accommodating individuals with
disabilities.''.
SEC. 419. STATE ALLOTMENTS.
Section 110 (29 U.S.C. 730) is amended--
(1) in subsection (a)(1), by striking ``Subject to the
provisions of subsection (c)'' and inserting ``Subject to the
provisions of subsections (c) and (d),'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``1987'' and
inserting ``2015''; and
(B) in paragraph (2)--
(i) by striking ``Secretary'' and all that
follows through ``(B)'' and inserting
``Secretary,''; and
(ii) by striking ``2000 through 2003'' and
inserting ``2015 through 2020''; and
(3) by adding at the end the following:
``(d)(1) From any State allotment under subsection (a) for a fiscal
year, the State shall reserve not less than 15 percent of the allotted
funds for the provision of pre-employment transition services.
``(2) Such reserved funds shall not be used to pay for the
administrative costs of providing pre-employment transition services.''.
SEC. 420. PAYMENTS TO STATES.
Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended--
(1) by striking ``For fiscal year 1994 and each fiscal year
thereafter, the'' and inserting ``The'';
(2) by striking ``this title for the previous'' and
inserting ``this title for any previous''; and
(3) by striking ``year preceding the previous'' and
inserting ``year preceding that previous''.
SEC. 421. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended--
(1) in subsection (a), in the first sentence, by inserting
``including under sections 113 and 511,'' after ``all available
benefits under this Act,'';
(2) in subsection (b), by striking ``not later than October
1, 1984,'';
[[Page 128 STAT. 1657]]
(3) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``The Secretary
shall allot'' and inserting ``After reserving funds
under subparagraphs (E) and (F), the Secretary shall
allot the remainder of''; and
(B) by adding at the end the following:
``(E)(i) <<NOTE: Grants.>> The Secretary shall reserve funds
appropriated under subsection (h) to make a grant to the protection and
advocacy system serving the American Indian Consortium to provide
services in accordance with this section. The amount of such a grant
shall be the same amount as is provided to a territory under this
subsection.
``(ii) <<NOTE: Definitions.>> In this subparagraph:
``(I) The term `American Indian Consortium' has the meaning
given the term in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(II) The term `protection and advocacy system' means a
protection and advocacy system established under subtitle C of
title I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.).
``(F) For any fiscal year for which the amount appropriated under
subsection (h) equals or exceeds $14,000,000, the Secretary may reserve
not less than 1.8 percent and not more than 2.2 percent of such amount
to provide a grant for training and technical assistance for the
programs established under this section. Such training and technical
assistance shall be coordinated with activities provided under section
509(c)(1)(A).''; and
(4) by striking subsection (h) and inserting the following:
``(h) <<NOTE: Appropriation authorization.>> There are authorized
to be appropriated to carry out the provisions of this section--
``(1) $12,000,000 for fiscal year 2015;
``(2) $12,927,000 for fiscal year 2016;
``(3) $13,195,000 for fiscal year 2017;
``(4) $13,488,000 for fiscal year 2018;
``(5) $13,805,000 for fiscal year 2019; and
``(6) $14,098,000 for fiscal year 2020.''.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.) is further amended by
adding at the end the following:
``SEC. 113. <<NOTE: 29 USC 733.>> PROVISION OF PRE-EMPLOYMENT
TRANSITION SERVICES.
``(a) In General.--From the funds reserved under section 110(d), and
any funds made available from State, local, or private funding sources,
each State shall ensure that the designated State unit, in collaboration
with the local educational agencies involved, shall provide, or arrange
for the provision of, pre-employment transition services for all
students with disabilities in need of such services who are eligible or
potentially eligible for services under this title.
``(b) Required Activities.--Funds available under subsection (a)
shall be used to make available to students with disabilities described
in subsection (a)--
``(1) job exploration counseling;
``(2) work-based learning experiences, which may include in-
school or after school opportunities, or experience outside the
traditional school setting (including internships), that is
[[Page 128 STAT. 1658]]
provided in an integrated environment to the maximum extent
possible;
``(3) counseling on opportunities for enrollment in
comprehensive transition or postsecondary educational programs
at institutions of higher education;
``(4) workplace readiness training to develop social skills
and independent living; and
``(5) instruction in self-advocacy, which may include peer
mentoring.
``(c) Authorized Activities.--Funds available under subsection (a)
and remaining after the provision of the required activities described
in subsection (b) may be used to improve the transition of students with
disabilities described in subsection (a) from school to postsecondary
education or an employment outcome by--
``(1) implementing effective strategies to increase the
likelihood of independent living and inclusion in communities
and competitive integrated workplaces;
``(2) developing and improving strategies for individuals
with intellectual disabilities and individuals with significant
disabilities to live independently, participate in postsecondary
education experiences, and obtain and retain competitive
integrated employment;
``(3) providing instruction to vocational rehabilitation
counselors, school transition personnel, and other persons
supporting students with disabilities;
``(4) disseminating information about innovative, effective,
and efficient approaches to achieve the goals of this section;
``(5) coordinating activities with transition services
provided by local educational agencies under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(6) applying evidence-based findings to improve policy,
procedure, practice, and the preparation of personnel, in order
to better achieve the goals of this section;
``(7) developing model transition demonstration projects;
``(8) establishing or supporting multistate or regional
partnerships involving States, local educational agencies,
designated State units, developmental disability agencies,
private businesses, or other participants to achieve the goals
of this section; and
``(9) disseminating information and strategies to improve
the transition to postsecondary activities of individuals who
are members of traditionally unserved populations.
``(d) Pre-Employment Transition Coordination.--Each local office of
a designated State unit shall carry out responsibilities consisting of--
``(1) attending individualized education program meetings
for students with disabilities, when invited;
``(2) working with the local workforce development boards,
one-stop centers, and employers to develop work opportunities
for students with disabilities, including internships, summer
employment and other employment opportunities available
throughout the school year, and apprenticeships;
``(3) work with schools, including those carrying out
activities under section 614(d)(1)(A)(i)(VIII) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision
of pre-employment transition services under this section; and
[[Page 128 STAT. 1659]]
``(4) when invited, attend person-centered planning meetings
for individuals receiving services under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
``(e) <<NOTE: Consultation.>> National Pre-employment Transition
Coordination.--The Secretary shall support designated State agencies
providing services under this section, highlight best State practices,
and consult with other Federal agencies to advance the goals of this
section.
``(f) Support.--In carrying out this section, States shall address
the transition needs of all students with disabilities, including such
students with physical, sensory, intellectual, and mental health
disabilities.''.
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ``(referred to in this section
as `eligible individuals'), consistent with such eligible
individuals' strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice, so that
such individuals may prepare for, and engage in, high-quality
employment that will increase opportunities for economic self-
sufficiency'';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) contains assurances that--
``(i) all decisions affecting eligibility for
vocational rehabilitation services, the nature and
scope of available vocational rehabilitation
services and the provision of such services will,
consistent with this title, be made by a
representative of the tribal vocational
rehabilitation program funded through the grant;
and
``(ii) such decisions will not be delegated to
another agency or individual.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c)(1) <<NOTE: Effective date.>> From the funds appropriated and
made available to carry out this part for any fiscal year, beginning
with fiscal year 2015, the Commissioner shall first reserve not less
than 1.8 percent and not more than 2 percent of the funds to provide
training and technical assistance to governing bodies described in
subsection (a) for such fiscal year.
``(2) <<NOTE: Grants. Contracts.>> From the funds reserved under
paragraph (1), the Commissioner shall make grants to, or enter into
contracts or other cooperative agreements with, entities that have
experience in the operation of vocational rehabilitation services
programs under this section to provide such training and technical
assistance with respect to developing, conducting, administering, and
evaluating such programs.
``(3) <<NOTE: Survey.>> The Commissioner shall conduct a survey of
the governing bodies regarding training and technical assistance needs
in order to determine funding priorities for such grants, contracts, or
cooperative agreements.
``(4) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, such an entity shall submit an
application to the Commissioner at such time, in such
[[Page 128 STAT. 1660]]
manner, and containing a proposal to provide such training and technical
assistance, and containing such additional information as the
Commissioner may require. <<NOTE: Peer review.>> The Commissioner shall
provide for peer review of applications by panels that include persons
who are not government employees and who have experience in the
operation of vocational rehabilitation services programs under this
section.''.
SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION.
Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by striking
``title I of the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity Act''.
Subtitle C--Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended--
(1) in paragraph (1), by inserting ``technical assistance,''
after ``training,'';
(2) in paragraph (2), by inserting ``technical assistance,''
after ``training,'';
(3) in paragraph (3), in the matter preceding subparagraph
(A)--
(A) by inserting ``and use'' after ``transfer''; and
(B) by inserting ``, in a timely and efficient
manner,'' after ``disabilities''; and
(4) in paragraph (4), by striking ``distribution'' and
inserting ``dissemination'';
(5) in paragraph (5)--
(A) by inserting ``, including individuals with
intellectual and psychiatric disabilities,'' after
``disabilities''; and
(B) by striking ``and'' after the semicolon;
(6) by redesignating paragraph (6) as paragraph (7);
(7) by inserting after paragraph (5) the following:
``(6) identify strategies for effective coordination of
services to job seekers with disabilities available through
programs of one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act;'';
(8) in paragraph (7), as redesignated by paragraph (6), by
striking the period and inserting ``; and''; and
(9) by adding at the end the following:
``(8) identify effective strategies for supporting the
employment of individuals with disabilities in competitive
integrated employment.''.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201 (29 U.S.C. 761) is amended to read as follows:
``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016,
$114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018,
$119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year
2020.''.
[[Page 128 STAT. 1661]]
SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING,
AND REHABILITATION RESEARCH.
Section 202 (29 U.S.C. 762) is amended--
(1) in the section heading, by inserting ``, independent
living,'' after ``disability'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``Department of Education'' and all
that follows through ``which'' and inserting
``Administration for Community Living of the
Department of Health and Human Services a National
Institute on Disability, Independent Living, and
Rehabilitation Research (referred to in this title
as the `Institute'), which''; and
(ii) in subparagraph (A)--
(I) in clause (ii), by striking
``and training; and'' and inserting ``,
training, and technical assistance;'';
(II) by redesignating clause (iii)
as clause (iv); and
(III) by inserting after clause (ii)
the following:
``(iii) outreach and information that clarifies
research implications for policy and practice; and'';
and
(B) in paragraph (2), by striking ``directly'' and
all that follows through the period and inserting
``directly responsible to the Administrator for the
Administration for Community Living of the Department of
Health and Human Services.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) private organizations engaged in research
relating to--
``(i) independent living;
``(ii) rehabilitation; or
``(iii) providing rehabilitation or
independent living services;'';
(B) in paragraph (3), by striking ``in
rehabilitation'' and inserting ``on disability,
independent living, and rehabilitation'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A),
by inserting ``education, health and wellness,''
after ``independent living,''; and
(ii) by striking subparagraphs (A) through (D)
and inserting the following:
``(A) public and private entities, including--
``(i) elementary schools and secondary schools
(as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801));
and
``(ii) institutions of higher education;
``(B) rehabilitation practitioners;
``(C) employers and organizations representing
employers with respect to employment-based educational
materials or research;
[[Page 128 STAT. 1662]]
``(D) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved by programs
under this Act);
``(E) the individuals' representatives for the
individuals described in subparagraph (D); and
``(F) the Committee on Education and the Workforce
of the House of Representatives, the Committee on
Appropriations of the House of Representatives, the
Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Appropriations of the
Senate;'';
(D) in paragraph (6)--
(i) by striking ``advances in rehabilitation''
and inserting ``advances in disability,
independent living, and rehabilitation''; and
(ii) by inserting ``education, health and
wellness,'' after ``employment, independent
living,'';
(E) by striking paragraph (7);
(F) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(G) in paragraph (7), as redesignated by
subparagraph (F)--
(i) by striking ``health, income,'' and
inserting ``health and wellness, income,
education,''; and
(ii) by striking ``and evaluation of
vocational and other'' and inserting ``and
evaluation of independent living, vocational,
and'';
(H) in paragraph (8), as redesignated by
subparagraph (F), by striking ``with vocational
rehabilitation services for the purpose of identifying
effective rehabilitation programs and policies that
promote the independence of individuals with
disabilities and achievement of long-term vocational
goals'' and inserting ``with independent living and
vocational rehabilitation services for the purpose of
identifying effective independent living and
rehabilitation programs and policies that promote the
independence of individuals with disabilities and
achievement of long-term independent living and
employment goals''; and
(I) in paragraph (9), as redesignated by
subparagraph (F), by striking ``and telecommuting; and''
and inserting ``, supported employment (including
customized employment), and telecommuting; and'';
(4) in subsection (d)(1), by striking the second sentence
and inserting the following: ``The Director shall be an
individual with substantial knowledge of and experience in
independent living, rehabilitation, and research
administration.'';
(5) in subsection (f)(1), by striking the second sentence
and inserting the following: ``The scientific peer review shall
be conducted by individuals who are not Department of Health and
Human Services employees. The Secretary shall consider for peer
review individuals who are scientists or other experts in
disability, independent living, and rehabilitation, including
individuals with disabilities and the individuals'
representatives, and who have sufficient expertise to review the
projects.'';
(6) in subsection (h)--
(A) in paragraph (1)(A)--
[[Page 128 STAT. 1663]]
(i) by striking ``priorities for
rehabilitation research,'' and inserting
``priorities for disability, independent living,
and rehabilitation research,''; and
(ii) by inserting ``dissemination,'' after
``training,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``especially in the area of employment'' and
inserting ``especially in the areas of employment
and independent living'';
(ii) in subparagraph (D)--
(I) by striking ``developed by the
Director'' and inserting ``coordinated
with the strategic plan required under
section 203(c)'';
(II) in clause (i), by striking
``Rehabilitation'' and inserting
``Disability, Independent Living, and
Rehabilitation'';
(III) in clause (ii), by striking
``Commissioner'' and inserting
``Administrator''; and
(IV) in clause (iv), by striking
``researchers in the rehabilitation
field'' and inserting ``researchers in
the independent living and
rehabilitation fields'';
(iii) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively;
(iv) by inserting after subparagraph (D) the
following:
``(E) be developed by the Director;'';
(v) in subparagraph (F), as redesignated by
clause (iii), by inserting ``and information that
clarifies implications of the results for
practice,'' after ``covered activities,''; and
(vi) in subparagraph (G), as redesignated by
clause (iii), by inserting ``and information that
clarifies implications of the results for
practice'' after ``covered activities'';
(7) in subsection (j), by striking paragraph (3); and
(8) by striking subsection (k) and inserting the following:
``(k) <<NOTE: Grants.>> The Director shall make grants to
institutions of higher education for the training of independent living
and rehabilitation researchers, including individuals with disabilities
and traditionally underserved populations of individuals with
disabilities, as described in section 21, with particular attention to
research areas that--
``(1) support the implementation and objectives of this Act;
and
``(2) improve the effectiveness of services authorized under
this Act.
``(l)(1) <<NOTE: Deadlines. Reports.>> Not later than December 31
of each year, the Director shall prepare, and submit to the Secretary,
the Committee on Health, Education, Labor, and Pensions of the Senate,
and the Committee on Education and the Workforce of the House of
Representatives, a report on the activities funded under this title.
``(2) The report under paragraph (1) shall include--
``(A) a compilation and summary of the information provided
by recipients of funding for such activities under this title;
[[Page 128 STAT. 1664]]
``(B) a summary describing the funding received under this
title and the progress of the recipients of the funding in
achieving the measurable goals described in section 204(d)(2);
and
``(C) a summary of implications of research outcomes on
practice.
``(m)(1) <<NOTE: Determination.>> If the Director determines that
an entity that receives funding under this title fails to comply with
the applicable requirements of this Act, or to make progress toward
achieving the measurable goals described in section 204(d)(2), with
respect to the covered activities involved, the Director shall utilize
available monitoring and enforcement measures.
``(2) As part of the annual report required under subsection (l),
the Secretary shall describe each action taken by the Secretary under
paragraph (1) and the outcomes of such action.''.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``conducting rehabilitation
research'' and inserting ``conducting disability,
independent living, and rehabilitation research'';
(ii) by striking ``chaired by the Director''
and inserting ``chaired by the Secretary, or the
Secretary's designee,'';
(iii) by inserting ``the Assistant Secretary
of Labor for Disability Employment Policy, the
Secretary of Defense, the Administrator of the
Administration for Community Living,'' after
``Assistant Secretary for Special Education and
Rehabilitative Services,''; and
(iv) by striking ``and the Director of the
National Science Foundation.'' and inserting ``the
Director of the National Science Foundation and
the Administrator of the Small Business
Administration.''; and
(B) in paragraph (2), by inserting ``, and for not
less than 1 of such meetings at least every 2 years, the
Committee shall invite policymakers, representatives
from other Federal agencies conducting relevant
research, individuals with disabilities, organizations
representing individuals with disabilities, researchers,
and providers, to offer input on the Committee's work,
including the development and implementation of the
strategic plan required under subsection (c)'' after
``each year'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``from targeted individuals''
and inserting ``individuals with disabilities'';
and
(ii) by inserting ``independent living and''
before ``rehabilitation''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``independent living research,'' after ``assistive
technology research,'';
(ii) in subparagraph (B), by inserting ``,
independent living research,'' after ``technology
research'';
(iii) in subparagraph (D), by striking ``and
research that incorporates the principles of
universal design''
[[Page 128 STAT. 1665]]
and inserting ``, independent living research, and
research that incorporates the principles of
universal design''; and
(iv) in subparagraph (E), by striking ``and
research that incorporates the principles of
universal design.'' and inserting ``, independent
living research, and research that incorporates
the principles of universal design.'';
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
``(c)(1) <<NOTE: Strategic plan.>> The Committee shall develop a
comprehensive government wide strategic plan for disability, independent
living, and rehabilitation research.
``(2) The strategic plan shall include, at a minimum--
``(A) a description of the--
``(i) measurable goals and objectives;
``(ii) existing resources each agency will devote to
carrying out the plan;
``(iii) timetables for completing the projects
outlined in the plan; and
``(iv) assignment of responsible individuals and
agencies for carrying out the research activities;
``(B) research priorities and recommendations;
``(C) a description of how funds from each agency will be
combined, as appropriate, for projects administered among
Federal agencies, and how such funds will be administered;
``(D) the development and ongoing maintenance of a
searchable government wide inventory of disability, independent
living, and rehabilitation research for trend and data analysis
across Federal agencies;
``(E) guiding principles, policies, and procedures,
consistent with the best research practices available, for
conducting and administering disability, independent living, and
rehabilitation research across Federal agencies; and
``(F) a summary of underemphasized and duplicative areas of
research.
``(3) The strategic plan described in this subsection shall be
submitted to the President and the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives.'';
(6) in subsection (d), as redesignated by paragraph (4)--
(A) in the matter preceding paragraph (1), by
striking ``Committee on Labor and Human Resources of the
Senate'' and inserting ``Committee on Health, Education,
Labor, and Pensions of the Senate''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) describes the progress of the Committee in fulfilling
the duties described in subsections (b) and (c), and including
specifically for subsection (c)--
``(A) <<NOTE: Reports.>> a report of the progress
made in implementing the strategic plan, including
progress toward implementing the elements described in
subsection (c)(2)(A); and
``(B) detailed budget information.''; and
(7) in subsection (e), by striking paragraph (2) and
inserting the following:
[[Page 128 STAT. 1666]]
``(2) <<NOTE: Definition.>> the term `independent living',
used in connection with research, means research on issues and
topics related to attaining maximum self-sufficiency and
function by individuals with disabilities, including research on
assistive technology and universal design, employment,
education, health and wellness, and community integration and
participation.''.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (29 U.S.C. 764) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``pay'' and inserting
``fund'';
(ii) by inserting ``have practical
applications and'' before ``maximize''; and
(iii) by striking ``employment, independent
living,'' and inserting ``employment, education,
independent living, health and wellness,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
from which the research findings, conclusions, or
recommendations can be transferred to practice''
after ``State agencies'';
(ii) in subparagraph (B)--
(I) by striking clause (ii) and
inserting the following:
``(ii) studies and analyses of factors related to
industrial, vocational, educational, employment, social,
recreational, psychiatric, psychological, economic, and health
and wellness variables affecting individuals with disabilities,
including traditionally underserved populations as described in
section 21, and how those variables affect such individuals'
ability to live independently and their participation in the
work force;'';
(II) in clause (iii), by striking
``are homebound'' and all that follows
and inserting ``have significant
challenges engaging in community life
outside their homes and individuals who
are in institutional settings;'';
(III) in clause (iv), by inserting
``, including the principles of
universal design and the
interoperability of products and
services'' after ``disabilities'';
(IV) in clause (v), by inserting ``,
and to promoting employment
opportunities in competitive integrated
employment'' after ``employment'';
(V) in clause (vi), by striking
``and'' after the semicolon;
(VI) in clause (vii), by striking
``and assistive technology.'' and
inserting ``, assistive technology, and
communications technology; and''; and
(VII) by adding at the end the
following:
``(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including self-
employment and telecommuting, of individuals with
disabilities.''; and
(C) by adding at the end the following:
``(3) In carrying out this section, the Director shall emphasize
covered activities that include plans for--
[[Page 128 STAT. 1667]]
``(A) <<NOTE: Public information.>> dissemination of high-
quality materials, of scientifically valid research results, or
of findings, conclusions, and recommendations resulting from
covered activities, including through electronic means (such as
the website of the Department of Health and Human Services), so
that such information is available in a timely manner to the
general public; or
``(B) the commercialization of marketable products, research
results, or findings, resulting from the covered activities.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(18)'' both
places the term appears and inserting ``(17)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clauses
(i) and (ii) and inserting the following:
``(i) be operated in collaboration with institutions of
higher education, providers of rehabilitation services,
developers or providers of assistive technology devices,
assistive technology services, or information technology devices
or services, as appropriate, or providers of other appropriate
services; and
``(ii) serve as centers of national excellence and national
or regional resources for individuals with disabilities, as well
as providers, educators, and researchers.'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by adding ``independent
living and'' after ``research
in'';
(bb) by adding ``independent
living and'' after ``will
improve''; and
(cc) by striking ``alleviate
or stabilize'' and all that
follows and inserting ``maximize
health and function (including
alleviating or stabilizing
conditions, or preventing
secondary conditions), and
promote maximum social and
economic independence of
individuals with disabilities,
including promoting the ability
of the individuals to prepare
for, secure, retain, regain, or
advance in employment;'';
(II) by redesignating clauses (ii),
(iii), and (iv), as clauses (iii), (iv),
and (v), respectively;
(III) by inserting after clause (i)
the following:
``(ii) conducting research in, and dissemination of,
employer-based practices to facilitate the identification,
recruitment, accommodation, advancement, and retention of
qualified individuals with disabilities;'';
(IV) in clause (iii), as
redesignated by subclause (II), by
inserting ``independent living and''
before ``rehabilitation services'';
(V) in clause (iv), as redesignated
by subclause (II)--
(aa) by inserting
``independent living and''
before ``rehabilitation'' each
place the term appears; and
(bb) by striking ``and''
after the semicolon; and
(VI) by striking clause (v), as
redesignated by subclause (II), and
inserting the following:
[[Page 128 STAT. 1668]]
``(v) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to
providers, educators, and researchers, by providing outreach and
information that clarifies research implications for practice
and identifies potential new areas of research; and
``(vi) developing practical applications for the research
findings of the Centers.'';
(iii) in subparagraph (C)--
(I) in clause (i), by inserting ``,
including research on assistive
technology devices, assistive technology
services, and accessible electronic and
information technology devices'' after
``research'';
(II) in clause (ii)--
(aa) by striking ``and
social'' and inserting ``,
social, and economic''; and
(bb) by inserting
``independent living and''
before ``rehabilitation''; and
(III) by striking clauses (iii) and
(iv);
(IV) by redesignating clauses (v)
and (vi) as clauses (iii) and (iv),
respectively;
(V) in clause (iii), as redesignated
by subclause (IV), by striking ``to
develop'' and all that follows and
inserting ``that promotes the emotional,
social, educational, and functional
growth of children who are individuals
with disabilities, as well as their
integration in school, employment, and
community activities;'';
(VI) in clause (iv), as redesignated
by subclause (IV), by striking ``that
will improve'' and all that follows and
inserting ``to develop and evaluate
interventions, policies, and services
that support families of those children
and adults who are individuals with
disabilities;''; and
(VII) by adding at the end the
following:
``(v) continuation of research that will improve services
and policies that foster the independence and social integration
of individuals with disabilities, and enable individuals with
disabilities, including individuals with intellectual
disabilities and other developmental disabilities, to live in
their communities; and
``(vi) research, dissemination, and technical assistance, on
best practices in vocational rehabilitation, including supported
employment and other strategies to promote competitive
integrated employment for persons with the most significant
disabilities.'';
(iv) by striking subparagraph (D) and
inserting the following:
``(D) Training of students preparing to be independent living or
rehabilitation personnel or to provide independent living,
rehabilitative, assistive, or supportive services (such as
rehabilitation counseling, personal care services, direct care, job
coaching, aides in school based settings, or advice or assistance in
utilizing assistive technology devices, assistive technology services,
and accessible electronic and information technology devices and
services) shall be an important priority for each such Center.'';
(v) in subparagraph (E), by striking
``comprehensive'';
[[Page 128 STAT. 1669]]
(vi) in subparagraph (G)(i), by inserting
``independent living and'' before
``rehabilitation-related'';
(vii) by striking subparagraph (I); and
(viii) by redesignating subparagraphs (J)
through (O) as subparagraphs (I) through (N),
respectively;
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting
``independent living strategies and'' before
``rehabilitation technology'';
(ii) in subparagraph (B)--
(I) in clause (i)(I), by inserting
``independent living and'' before
``rehabilitation problems'';
(II) in clause (ii)(II), by striking
``employment'' and inserting
``educational, employment,''; and
(III) in clause (iii)(II), by
striking ``employment'' and inserting
``educational, employment,'';
(iii) in subparagraph (D)(i)(II), by striking
``postschool'' and inserting ``postsecondary
education, competitive integrated employment, and
other age-appropriate''; and
(iv) in subparagraph (G)(ii), by inserting
``the impact of any commercialized product
researched or developed through the Center,''
after ``individuals with disabilities,'';
(D) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``vocational'' and
inserting ``independent living,
employment,'';
(II) by striking ``special'' and
inserting ``unique''; and
(III) by inserting ``social and
functional needs, and'' before ``acute
care''; and
(ii) in clause (iv), by inserting ``education,
health and wellness,'' after ``employment,'';
(E) by striking paragraph (8) and inserting the
following:
``(8) Grants may be used to conduct a program of joint projects with
other administrations and offices of the Department of Health and Human
Services, the National Science Foundation, the Department of Veterans
Affairs, the Department of Defense, the Federal Communications
Commission, the National Aeronautics and Space Administration, the Small
Business Administration, the Department of Labor, other Federal
agencies, and private industry in areas of joint interest involving
rehabilitation.'';
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13),
(14), (15), (16), (17), and (18), as paragraphs (9),
(10), (11), (12), (13), (14), (15), and (16),
respectively;
(H) in paragraph (11), as redesignated by
subparagraph (G)--
(i) in the matter preceding subparagraph (A),
by striking ``employment needs of individuals with
disabilities, including'' and inserting
``employment needs, opportunities, and outcomes
(including those relating to self-employment,
supported employment, and telecommuting) of
individuals with disabilities, including'';
[[Page 128 STAT. 1670]]
(ii) in subparagraph (B), by inserting ``and
employment related'' after ``the employment'';
(iii) in subparagraph (E), by striking ``and''
after the semicolon;
(iv) in subparagraph (F), by striking the
period at the end and inserting a semicolon; and
(v) by adding at the end the following:
``(G) develop models to facilitate the successful transition
of individuals with disabilities from nonintegrated employment
and employment that is compensated at a wage less than the
Federal minimum wage to competitive integrated employment;
``(H) develop models to maximize opportunities for
integrated community living, including employment and
independent living, for individuals with disabilities;
``(I) provide training and continuing education for
personnel involved with community living for individuals with
disabilities;
``(J) develop model procedures for testing and evaluating
the community living related needs of individuals with
disabilities;
``(K) develop model training programs to teach individuals
with disabilities skills which will lead to integrated community
living and full participation in the community; and
``(L) develop new approaches for long-term services and
supports for individuals with disabilities, including supports
necessary for competitive integrated employment.'';
(I) in paragraph (12), as redesignated by
subparagraph (G)--
(i) in the matter preceding subparagraph (A),
by inserting ``an independent living or'' after
``conduct'';
(ii) in subparagraph (D), by inserting
``independent living or'' before
``rehabilitation''; and
(iii) in the matter following subparagraph
(E), by striking ``National Institute on
Disability and Rehabilitation Research'' and
inserting ``National Institute on Disability,
Independent Living, and Rehabilitation Research'';
(J) in paragraph (13), as redesignated by
subparagraph (G), by inserting ``independent living
and'' before ``rehabilitation needs''; and
(K) in paragraph (14), as redesignated by
subparagraph (G), by striking ``and access to gainful
employment.'' and inserting ``, full participation, and
economic self-sufficiency.''; and
(3) by adding at the end the following:
``(d)(1) <<NOTE: Grants. Contracts.>> In awarding grants,
contracts, or cooperative agreements under this title, the Director
shall award the funding on a competitive basis.
``(2)(A) To be eligible to receive funds under this section for a
covered activity, an entity described in subsection (a)(1) shall submit
an application to the Director at such time, in such manner, and
containing such information as the Director may require.
``(B) The application shall include information describing--
``(i) measurable goals, as established through section 1115
of title 31, United States Code, and a timeline and specific
plan for meeting the goals, that the applicant has established;
[[Page 128 STAT. 1671]]
``(ii) how the project will address 1 or more of the
following: commercialization of a marketable product, technology
transfer (if applicable), dissemination of any research results,
and other priorities as established by the Director; and
``(iii) how the applicant will quantifiably measure the
goals to determine whether such goals have been accomplished.
``(3)(A) In the case of an application for funding under this
section to carry out a covered activity that results in the development
of a marketable product, the application shall also include a
commercialization and dissemination plan, as appropriate, containing
commercialization and marketing strategies for the product involved, and
strategies for disseminating information about the product. The funding
received under this section shall not be used to carry out the
commercialization and marketing strategies.
``(B) In the case of any other application for funding to carry out
a covered activity under this section, the application shall also
include a dissemination plan, containing strategies for disseminating
educational materials, research results, or findings, conclusions, and
recommendations, resulting from the covered activity.''.
SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION
RESEARCH ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended--
(1) in the section heading, by inserting ``disability,
independent living, and'' before ``rehabilitation'';
(2) in subsection (a)--
(A) by striking ``Department of Education a
Rehabilitation Research Advisory Council'' and inserting
``Department of Health and Human Services a Disability,
Independent Living, and Rehabilitation Research Advisory
Council''; and
(B) by inserting ``not less than'' after ``composed
of'';
(3) by striking subsection (c) and inserting the following:
``(c) Qualifications.--Members of the Council shall be generally
representative of the community of disability, independent living, and
rehabilitation professionals, the community of disability, independent
living, and rehabilitation researchers, the directors of independent
living centers and community rehabilitation programs, the business
community (including a representative of the small business community)
that has experience with the system of vocational rehabilitation
services and independent living services carried out under this Act and
with hiring individuals with disabilities, the community of stakeholders
involved in assistive technology, the community of covered school
professionals, and the community of individuals with disabilities, and
the individuals' representatives. At least one-half of the members shall
be individuals with disabilities or the individuals' representatives.'';
and
(4) in subsection (g), by striking ``Department of
Education'' and inserting ``Department of Health and Human
Services''.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760 et seq.) is amended by adding at the end the
following:
``SEC. 206. <<NOTE: 29 USC 766.>> DEFINITION OF COVERED SCHOOL.
``In this title, the term `covered school' means an elementary
school or secondary school (as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or
an institution of higher education.''.
[[Page 128 STAT. 1672]]
Subtitle D--Professional Development and Special Projects and
Demonstration
SEC. 441. PURPOSE; TRAINING.
(a) Purpose.--Section 301(a) (29 U.S.C. 771(a)) is amended--
(1) in paragraph (2), by inserting ``and'' after the
semicolon;
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) in paragraph (3), as redesignated by paragraph (3), by
striking ``workforce investment systems'' and inserting
``workforce development systems''.
(b) Training.--Section 302 (29 U.S.C. 772) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking all after
``deliver'' and inserting ``supported employment
services and customized employment services to
individuals with the most significant
disabilities;'';
(ii) in subparagraph (F), by striking ``and''
after the semicolon;
(iii) in subparagraph (G), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) personnel trained in providing assistive
technology services.'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A),
by striking ``title I of the Workforce Investment
Act of 1998'' and inserting ``subtitle B of title
I of the Workforce Innovation and Opportunity
Act'';
(ii) in subparagraph (A), by striking
``workforce investment system'' and inserting
``workforce development system''; and
(iii) in subparagraph (B), by striking
``section 134(c) of the Workforce Investment Act
of 1998.'' and inserting ``section 121(e) of the
Workforce Innovation and Opportunity Act.''; and
(C) in paragraph (5), by striking ``title I of the
Workforce Investment Act of 1998'' and inserting
``subtitle B of title I of the Workforce Innovation and
Opportunity Act'';
(2) in subsection (b)(1)(B)(i), by striking ``or prosthetics
and orthotics'' and inserting ``prosthetics and orthotics,
vision rehabilitation therapy, orientation and mobility
instruction, or low vision therapy'';
(3) in subsection (g)--
(A) in the subsection heading, by striking ``and In-
Service Training'';
(B) in paragraph (1), by adding after the period the
following: ``Any technical assistance provided to
community rehabilitation programs shall be focused on
the employment outcome of competitive integrated
employment for individuals with disabilities.''; and
(C) by striking paragraph (3);
(4) in subsection (h), by striking ``section 306'' and
inserting ``section 304''; and
[[Page 128 STAT. 1673]]
(5) in subsection (i), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$33,657,000 for fiscal year 2015, $36,257,000 for
fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000
for fiscal year 2018, $38,719,000 for fiscal year 2019, and
$39,540,000 for fiscal year 2020.''.
SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE
PROGRAMS.
Section 303 (29 U.S.C. 773) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``section 306''
and inserting ``section 304'';
(B) in paragraph (3)(A), by striking ``National
Institute on Disability and Rehabilitation Research''
and inserting ``National Institute on Disability,
Independent Living, and Rehabilitation Research'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking clause (i) and
inserting the following:
``(i) initiatives focused on improving
transition from education, including postsecondary
education, to employment, particularly in
competitive integrated employment, for youth who
are individuals with significant disabilities;'';
and
(II) by striking clause (iii) and
inserting the following:
``(iii) increasing competitive integrated
employment for individuals with significant
disabilities.''; and
(ii) in subparagraph (B)(viii), by striking
``under title I of the Workforce Investment Act of
1998'' and inserting ``under subtitle B of title I
of the Workforce Innovation and Opportunity Act'';
and
(D) by striking paragraph (6);
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking ``and''
after the semicolon;
(ii) by redesignating subparagraph (F) as
subparagraph (G); and
(iii) by inserting after subparagraph (E) the
following:
``(F) to provide support and guidance in helping
individuals with significant disabilities, including
students with disabilities, transition to competitive
integrated employment; and'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii)--
(I) by inserting ``the'' after
``closely with''; and
(II) by inserting ``, the community
parent resource centers established
pursuant to section 672 of such Act, and
the eligible entities receiving awards
under section 673 of such Act'' after
``Individuals with Disabilities
Education Act''; and
[[Page 128 STAT. 1674]]
(ii) in subparagraph (C), by inserting ``, and
demonstrate the capacity for serving,'' after
``shall serve''; and
(C) by adding at the end the following:
``(8) Reservation.--From the amount appropriated to carry
out this section for a fiscal year, 20 percent of such amount or
$500,000, whichever is less, may be reserved to carry out
paragraph (6).''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section there are authorized to be appropriated $5,796,000 for
fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal
year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year
2019, and $6,809,000 for fiscal year 2020.''.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; RECREATIONAL PROGRAMS.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended--
(1) <<NOTE: 29 USC 774, 775.>> by striking sections 304 and
305;
(2) <<NOTE: 29 USC 776.>> by redesignating section 306 as
section 304.
Subtitle E--National Council on Disability
SEC. 451. ESTABLISHMENT.
Section 400 (29 U.S.C. 780) is amended--
(1) in subsection (a)(1)--
(A) by redesignating subparagraph (C) as
subparagraph (D);
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) <<NOTE: Appointments.>> There is established within the
Federal Government a National Council on Disability (referred to in this
title as the `National Council'), which, subject to subparagraph (B),
shall be composed of 9 members, of which--
``(i) 5 shall be appointed by the President;
``(ii) 1 shall be appointed by the Majority Leader of the
Senate;
``(iii) 1 shall be appointed by the Minority Leader of the
Senate;
``(iv) 1 shall be appointed by the Speaker of the House of
Representatives; and
``(v) 1 shall be appointed by the Minority Leader of the
House of Representatives.
``(B) The National Council shall transition from 15 members (as of
the date of enactment of the Workforce Innovation and Opportunity Act)
to 9 members as follows:
``(i) <<NOTE: Appointments.>> On the first 4 expirations of
National Council terms (after that date), replacement members
shall be appointed to the National Council in the following
order and manner:
``(I) 1 shall be appointed by the Majority Leader of
the Senate.
``(II) 1 shall be appointed by the Minority Leader
of the Senate.
``(III) 1 shall be appointed by the Speaker of the
House of Representatives.
[[Page 128 STAT. 1675]]
``(IV) 1 shall be appointed by the Minority Leader
of the House of Representatives.
``(ii) On the next 6 expirations of National Council terms
(after the 4 expirations described in clause (i) occur), no
replacement members shall be appointed to the National Council.
``(C) For any vacancy on the National Council that occurs after the
transition described in subparagraph (B), the vacancy shall be filled in
the same manner as the original appointment was made.''; and
(C) in subparagraph (D), as redesignated by
subparagraph (A) of this paragraph, in the first
sentence--
(i) by inserting ``national leaders on
disability policy,'' after ``guardians of
individuals with disabilities,''; and
(ii) by striking ``policy or programs'' and
inserting ``policy or issues that affect
individuals with disabilities'';
(2) in subsection (b), by striking ``, except'' and all that
follows and inserting a period; and
(3) in subsection (d), by striking ``Eight'' and inserting
``Five''.
SEC. 452. REPORT.
Section 401 (29 U.S.C. 781) is amended--
(1) in paragraphs (1) and (3) of subsection (a), by striking
``National Institute on Disability and Rehabilitation Research''
and inserting ``National Institute on Disability, Independent
Living, and Rehabilitation Research''; and
(2) by striking subsection (c).
SEC. 453. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year
2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018,
$3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.''.
Subtitle F--Rights and Advocacy
SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUNCIL.
(a) Interagency Committee.--Section 501 (29 U.S.C. 791) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Architectural and Transportation Barriers Compliance Board.--
Section 502(j) (29 U.S.C. 792(j)) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year
2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018,
$8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.''.
(c) Program or Activity.--Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ``vocational education'' and
inserting ``career and technical education''.
[[Page 128 STAT. 1676]]
(d) Interagency Disability Coordinating Council.--Section 507(a) (29
U.S.C. 794c(a)) is amended by inserting ``the Chairperson of the
National Council on Disability,'' before ``and such other''.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting ``a grant,
contract, or cooperative agreement for'' before ``training'';
(2) in subsection (f)(2)--
(A) by striking ``general'' and all that follows
through ``records'' and inserting ``general authorities,
including the authority to access records''; and
(B) by inserting ``of title I'' after ``subtitle
C''; and
(3) in subsection (l), by striking ``such sums as may be
necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$17,650,000 for fiscal year 2015, $19,013,000 for
fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000
for fiscal year 2018, $20,305,000 for fiscal year 2019, and
$20,735,000 for fiscal year 2020.''.
SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
(a) In General.--Title V (29 U.S.C. 791 et seq.) is amended by
adding at the end the following:
``SEC. 511. <<NOTE: Contracts. 29 USC 794g.>> LIMITATIONS ON USE
OF SUBMINIMUM WAGE.
``(a) In General.--No entity, including a contractor or
subcontractor of the entity, which holds a special wage certificate as
described in section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) may compensate an individual with a disability who is age
24 or younger at a wage (referred to in this section as a `subminimum
wage') that is less than the Federal minimum wage unless 1 of the
following conditions is met:
``(1) The individual is currently employed, as of the
effective date of this section, by an entity that holds a valid
certificate pursuant to section 14(c) of the Fair Labor
Standards Act of 1938.
``(2) The individual, before beginning work that is
compensated at a subminimum wage, has completed, and produces
documentation indicating completion of, each of the following
actions:
``(A) The individual has received pre-employment
transition services that are available to the individual
under section 113, or transition services under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) such as transition services available to
the individual under section 614(d) of that Act (20
U.S.C. 1414(d)).
``(B) The individual has applied for vocational
rehabilitation services under title I, with the result
that--
``(i)(I) the individual has been found
ineligible for such services pursuant to that
title and has documentation consistent with
section 102(a)(5)(C) regarding the determination
of ineligibility; or
``(II)(aa) the individual has been determined
to be eligible for vocational rehabilitation
services;
``(bb) the individual has an individualized
plan for employment under section 102;
``(cc) the individual has been working toward
an employment outcome specified in such
individualized
[[Page 128 STAT. 1677]]
plan for employment, with appropriate supports and
services, including supported employment services,
for a reasonable period of time without success;
and
``(dd) the individual's vocational
rehabilitation case is closed; and
``(ii)(I) the individual has been provided
career counseling, and information and referrals
to Federal and State programs and other resources
in the individual's geographic area that offer
employment-related services and supports designed
to enable the individual to explore, discover,
experience, and attain competitive integrated
employment; and
``(II) such counseling and information and
referrals are not for employment compensated at a
subminimum wage provided by an entity described in
this subsection, and such employment-related
services are not compensated at a subminimum wage
and do not directly result in employment
compensated at a subminimum wage provided by an
entity described in this subsection.
``(b) Construction.--
``(1) Rule.--Nothing in this section shall be construed to--
``(A) change the purpose of this Act described in
section 2(b)(2), to empower individuals with
disabilities to maximize opportunities for competitive
integrated employment; or
``(B) preference employment compensated at a
subminimum wage as an acceptable vocational
rehabilitation strategy or successful employment
outcome, as defined in section 7(11).
``(2) Contracts.--A local educational agency (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or a State educational agency (as defined
in such section) may not enter into a contract or other
arrangement with an entity described in subsection (a) for the
purpose of operating a program for an individual who is age 24
or younger under which work is compensated at a subminimum wage.
``(3) Voidability.--The provisions in this section shall be
construed in a manner consistent with the provisions of the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended
before or after the effective date of this Act.
``(c) During Employment.--
``(1) In general.--The entity described in subsection (a)
may not continue to employ an individual, regardless of age, at
a subminimum wage unless, after the individual begins work at
that wage, at the intervals described in paragraph (2), the
individual (with, in an appropriate case, the individual's
parent or guardian)--
``(A) is provided by the designated State unit
career counseling, and information and referrals
described in subsection (a)(2)(B)(ii), delivered in a
manner that facilitates independent decisionmaking and
informed choice, as the individual makes decisions
regarding employment and career advancement; and
``(B) is informed by the employer of self-advocacy,
self-determination, and peer mentoring training
opportunities available in the individual's geographic
area, provided by
[[Page 128 STAT. 1678]]
an entity that does not have any financial interest in
the individual's employment outcome, under applicable
Federal and State programs or other sources.
``(2) <<NOTE: Time period.>> Timing.--The actions required
under subparagraphs (A) and (B) of paragraph (1) shall be
carried out once every 6 months for the first year of the
individual's employment at a subminimum wage, and annually
thereafter for the duration of such employment.
``(3) Small business exception.--In the event that the
entity described in subsection (a) is a business with fewer than
15 employees, such entity can satisfy the requirements of
subparagraphs (A) and (B) of paragraph (1) by referring the
individual, at the intervals described in paragraph (2), to the
designated State unit for the counseling, information, and
referrals described in paragraph (1)(A) and the information
described in paragraph (1)(B).
``(d) Documentation.--
``(1) <<NOTE: Consultation.>> In general.--The designated
State unit, in consultation with the State educational agency,
shall develop a new process or utilize an existing process,
consistent with guidelines developed by the Secretary, to
document the completion of the actions described in
subparagraphs (A) and (B) of subsection (a)(2) by a youth with a
disability who is an individual with a disability.
``(2) Documentation process.--Such process shall require
that--
``(A) in the case of a student with a disability,
for documentation of actions described in subsection
(a)(2)(A)--
``(i) if such a student with a disability
receives and completes each category of required
activities in section 113(b), such completion of
services shall be documented by the designated
State unit in a manner consistent with this
section;
``(ii) if such a student with a disability
receives and completes any transition services
available for students with disabilities under the
Individuals with Disabilities Education Act,
including those provided under section
614(d)(1)(A)(i)(VIII) (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), such completion of
services shall be documented by the appropriate
school official responsible for the provision of
such transition services, in a manner consistent
with this section; and
``(iii) the designated State unit shall
provide the final documentation, in a form and
manner consistent with this section, of the
completion of pre-employment transition services
as described in clause (i), or transition services
under the Individuals with Disabilities Education
Act as described in clause (ii), to the student
with a disability within a reasonable period of
time following the completion; and
``(B) when an individual has completed the actions
described in subsection (a)(2)(B), the designated State
unit shall provide the individual a document indicating
such completion, in a manner consistent with this
section, within a reasonable time period following the
completion of the actions described in this
subparagraph.
``(e) <<NOTE: Records.>> Verification.--
[[Page 128 STAT. 1679]]
``(1) Before employment.--Before an individual covered by
subsection (a)(2) begins work for an entity described in
subsection (a) at a subminimum wage, the entity shall review
such documentation received by the individual under subsection
(d), and provided by the individual to the entity, that
indicates that the individual has completed the actions
described in subparagraphs (A) and (B) of subsection (a)(2) and
the entity shall maintain copies of such documentation.
``(2) During employment.--
``(A) In general.--In order to continue to employ an
individual at a subminimum wage, the entity described in
subsection (a) shall verify completion of the
requirements of subsection (c), including reviewing any
relevant documents provided by the individual, and shall
maintain copies of the documentation described in
subsection (d).
``(B) Review of documentation.--The entity described
in subsection (a) shall be subject to review of
individual documentation described in subsection (d) by
a representative working directly for the designated
State unit or the Department of Labor at such a time and
in such a manner as may be necessary to fulfill the
intent of this section, consistent with regulations
established by the designated State unit or the
Secretary of Labor.
``(f) <<NOTE: Definition.>> Federal Minimum Wage.--In this section,
the term `Federal minimum wage' means the rate applicable under section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)).''.
(b) <<NOTE: 29 USC 794g note.>> Effective Date.--This section takes
effect 2 years after the date of enactment of the Workforce Innovation
and Opportunity Act.
Subtitle G--Employment Opportunities for Individuals With Disabilities
SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
Title VI (29 U.S.C. 795 et seq.) is amended--
(1) <<NOTE: 29 USC 795, 795a. 29 USC 795g prec. 29 USC 795g-
795n. 29 USC 795g.>> by striking part A;
(2) by striking the part heading relating to part B;
(3) by redesignating sections 621 through 628 as sections
602 through 609, respectively;
(4) in section 602, as redesignated by paragraph (3)--
(A) by striking ``part'' and inserting ``title'';
and
(B) by striking ``individuals with the most
significant disabilities'' and all that follows and
inserting ``individuals with the most significant
disabilities, including youth with the most significant
disabilities, to enable such individuals to achieve an
employment outcome of supported employment in
competitive integrated employment.'';
(5) <<NOTE: 29 USC 795h.>> in section 603, as redesignated
by paragraph (3)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``part''
and inserting ``title'';
(II) in subparagraph (A), by
inserting ``amount'' after
``whichever''; and
(III) in subparagraph (B)--
[[Page 128 STAT. 1680]]
(aa) by striking ``part for
the fiscal year'' and inserting
``title for the fiscal year'';
(bb) by striking ``this part
in fiscal year 1992'' and
inserting ``part B of this title
(as in effect on September 30,
1992) in fiscal year 1992''; and
(cc) by inserting ``amount''
after ``whichever''; and
(ii) in paragraph (2)(B), by striking ``one-
eighth of one percent'' and inserting ``\1/8\ of 1
percent'';
(B) in subsection (b)--
(i) by inserting ``under subsection (a)''
after ``allotment to a State'';
(ii) by striking ``part'' each place the term
appears and inserting ``title''; and
(iii) by striking ``one or more'' and
inserting ``1 or more''; and
(C) by adding at the end the following:
``(c) Limitations on Administrative Costs.--A State that receives an
allotment under this title shall not use more than 2.5 percent of such
allotment to pay for administrative costs.
``(d) Services for Youth With the Most Significant Disabilities.--A
State that receives an allotment under this title shall reserve and
expend half of such allotment for the provision of supported employment
services, including extended services, to youth with the most
significant disabilities in order to assist those youth in achieving an
employment outcome in supported employment.'';
(6) by striking section 604, as redesignated by paragraph
(3), and inserting the following:
``SEC. 604. <<NOTE: 29 USC 795i.>> AVAILABILITY OF SERVICES.
``(a) Supported Employment Services.--Funds provided under this
title may be used to provide supported employment services to
individuals who are eligible under this title.
``(b) Extended Services.--
``(1) In general.--Except as provided in paragraph (2),
funds provided under this title, or title I, may not be used to
provide extended services to individuals under this title or
title I.
``(2) Extended services for youth with the most significant
disabilities.--Funds allotted under this title, or title I, and
used for the provision of services under this title to youth
with the most significant disabilities pursuant to section
603(d), may be used to provide extended services to youth with
the most significant disabilities. <<NOTE: Time period.>> Such
extended services shall be available for a period not to exceed
4 years.'';
(7) <<NOTE: 29 USC 795j.>> in section 605, as redesignated
by paragraph (3)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, including a youth with a
disability,'' after ``An individual''; and
(ii) by striking ``this part'' and inserting
``this title'';
(B) in paragraph (1), by inserting ``under title I''
after ``rehabilitation services'';
(C) in paragraph (2), by striking ``and'' after the
semicolon;
(D) by redesignating paragraph (3) as paragraph (4);
[[Page 128 STAT. 1681]]
(E) by inserting after paragraph (2) the following:
``(3) for purposes of activities carried out with funds
described in section 603(d), the individual is a youth with a
disability, as defined in section (7)(42); and''; and
(F) in paragraph (4), as redesignated by
subparagraph (D), by striking ``assessment of
rehabilitation needs'' and inserting ``assessment of the
rehabilitation needs'';
(8) <<NOTE: 29 USC 795k.>> in section 606, as redesignated
by paragraph (3)--
(A) in subsection (a)--
(i) by striking ``this part'' and inserting
``this title''; and
(ii) by inserting ``, including youth with the
most significant disabilities,'' after
``individuals'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``this
part'' and inserting ``this title'';
(ii) in paragraph (2), by inserting ``,
including youth,'' after ``rehabilitation needs of
individuals'';
(iii) in paragraph (3)--
(I) by inserting ``, including youth
with the most significant
disabilities,'' after ``provided to
individuals''; and
(II) by striking ``section 622'' and
inserting ``section 603'';
(iv) by striking paragraph (7);
(v) by redesignating paragraph (6) as
paragraph (7);
(vi) by inserting after paragraph (5) the
following:
``(6) describe the activities to be conducted pursuant to
section 603(d) for youth with the most significant disabilities,
including--
``(A) <<NOTE: Time period.>> the provision of
extended services for a period not to exceed 4 years;
and
``(B) how the State will use the funds reserved in
section 603(d) to leverage other public and private
funds to increase resources for extended services and
expand supported employment opportunities for youth with
the most significant disabilities;'';
(vii) in paragraph (7), as redesignated by
clause (v)--
(I) in subparagraph (A), by striking
``under this part'' both places the term
appears and inserting ``under this
title'';
(II) in subparagraph (B), by
inserting ``, including youth with the
most significant disabilities,'' after
``significant disabilities'';
(III) in subparagraph (C)--
(aa) in clause (i), by
inserting ``, including, as
appropriate, for youth with the
most significant disabilities,
transition services and pre-
employment transition services''
after ``services to be
provided'';
(bb) <<NOTE: Time period.>>
in clause (ii), by inserting ``,
including the extended services
that may be provided to youth
with the most significant
disabilities under this title,
in accordance with an approved
individualized plan for
employment,
[[Page 128 STAT. 1682]]
for a period not to exceed 4
years'' after ``services
needed''; and
(cc) in clause (iii)--
(AA) by striking
``identify the source of
extended services,'' and
inserting ``identify, as
appropriate, the source of
extended services,'';
(BB) by striking ``or to
the extent'' and inserting
``or indicate''; and
(CC) by striking
``employment is developed''
and all that follows and
inserting ``employment is
developed;''
(IV) in subparagraph (D), by
striking ``under this part'' and
inserting ``under this title'';
(V) in subparagraph (F), by striking
``and'' after the semicolon;
(VI) in subparagraph (G), by
striking ``for the maximum number of
hours possible''; and
(VII) by adding at the end the
following:
``(H) the State agencies designated under paragraph
(1) will expend not more than 2.5 percent of the
allotment of the State under this title for
administrative costs of carrying out this title; and
``(I) with respect to supported employment services
provided to youth with the most significant disabilities
pursuant to section 603(d), the designated State agency
will provide, directly or indirectly through public or
private entities, non-Federal contributions in an amount
that is not less than 10 percent of the costs of
carrying out such services; and'';
(9) by striking section 607, as redesignated by paragraph
(3), and inserting the following:
``SEC. 607. <<NOTE: 29 USC 795l.>> RESTRICTION.
``Each State agency designated under section 606(b)(1) shall collect
the information required by section 101(a)(10) separately for--
``(1) eligible individuals receiving supported employment
services under this title;
``(2) eligible individuals receiving supported employment
services under title I;
``(3) eligible youth receiving supported employment services
under this title; and
``(4) eligible youth receiving supported employment services
under title I.'';
(10) <<NOTE: 29 USC 795m.>> in section 608(b), as
redesignated by paragraph (3), by striking ``this part'' both
places the terms appears and inserting ``this title''; and
(11) <<NOTE: 29 USC 795n.>> by striking section 609, as
redesignated by paragraph (3), and inserting the following:
``SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE
INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH
DISABILITIES.
``(a) <<NOTE: Deadline.>> Establishment.--Not later than 60 days
after the date of enactment of the Workforce Innovation and Opportunity
Act, the Secretary of Labor shall establish an Advisory Committee on
[[Page 128 STAT. 1683]]
Increasing Competitive Integrated Employment for Individuals with
Disabilities (referred to in this section as the `Committee').
``(b) Appointment and Vacancies.--
``(1) Appointment.--The Secretary of Labor shall appoint the
members of the Committee described in subsection (c)(6), in
accordance with subsection (c).
``(2) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner, in
accordance with the same paragraph of subsection (c), as the
original appointment or designation was made.
``(c) Composition.--The Committee shall be composed of--
``(1) the Assistant Secretary for Disability Employment
Policy, the Assistant Secretary for Employment and Training, and
the Administrator of the Wage and Hour Division, of the
Department of Labor;
``(2) the Commissioner of the Administration on Intellectual
and Developmental Disabilities, or the Commissioner's designee;
``(3) the Director of the Centers for Medicare & Medicaid
Services of the Department of Health and Human Services, or the
Director's designee;
``(4) the Commissioner of Social Security, or the
Commissioner's designee;
``(5) the Commissioner of the Rehabilitation Services
Administration, or the Commissioner's designee; and
``(6) representatives from constituencies consisting of--
``(A) self-advocates for individuals with
intellectual or developmental disabilities;
``(B) providers of employment services, including
those that employ individuals with intellectual or
developmental disabilities in competitive integrated
employment;
``(C) representatives of national disability
advocacy organizations for adults with intellectual or
developmental disabilities;
``(D) experts with a background in academia or
research and expertise in employment and wage policy
issues for individuals with intellectual or
developmental disabilities;
``(E) representatives from the employer community or
national employer organizations; and
``(F) other individuals or representatives of
organizations with expertise on increasing opportunities
for competitive integrated employment for individuals
with disabilities.
``(d) Chairperson.--The Committee shall elect a Chairperson of the
Committee from among the appointed members of the Committee.
``(e) Meetings.--The Committee shall meet at the call of the
Chairperson, but not less than 8 times.
``(f) <<NOTE: Recommenda- tions.>> Duties.--The Committee shall
study, and prepare findings, conclusions, and recommendations for the
Secretary of Labor on--
``(1) ways to increase the employment opportunities for
individuals with intellectual or developmental disabilities or
other individuals with significant disabilities in competitive
integrated employment;
``(2) the use of the certificate program carried out under
section 14(c) of the Fair Labor Standards Act of 1938 (29
[[Page 128 STAT. 1684]]
U.S.C. 214(c)) for the employment of individuals with
intellectual or developmental disabilities, or other individuals
with significant disabilities; and
``(3) ways to improve oversight of the use of such
certificates.
``(g) Committee Personnel Matters.--
``(1) Travel expenses.--The members of the Committee shall
not receive compensation for the performance of services for the
Committee, but shall be allowed reasonable travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Committee. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated services of members of the Committee.
``(2) Staff.--The Secretary of Labor may designate such
personnel as may be necessary to enable the Committee to perform
its duties.
``(3) Detail of government employees.--Any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
``(4) Facilities, equipment, and services.--The Secretary of
Labor shall make available to the Committee, under such
arrangements as may be appropriate, necessary equipment,
supplies, and services.
``(h) Reports.--
``(1) Interim and final reports.--The Committee shall
prepare and submit to the Secretary of Labor, as well as the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives--
``(A) an interim report that summarizes the progress
of the Committee, along with any interim findings,
conclusions, and recommendations as described in
subsection (f); and
``(B) a final report that states final findings,
conclusions, and recommendations as described in
subsection (f).
``(2) Preparation and submission.--The reports shall be
prepared and submitted--
``(A) in the case of the interim report, not later
than 1 year after the date on which the Committee is
established under subsection (a); and
``(B) in the case of the final report, not later
than 2 years after the date on which the Committee is
established under subsection (a).
``(i) Termination.--The Committee shall terminate on the day after
the date on which the Committee submits the final report.
``SEC. 610. <<NOTE: 29 USC 795o.>> AUTHORIZATION OF
APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title
$27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016,
$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018,
[[Page 128 STAT. 1685]]
$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year
2020.''.
Subtitle H--Independent Living Services and Centers for Independent
Living
CHAPTER 1--INDIVIDUALS WITH SIGNIFICANT DISABILITIES
Subchapter A--General Provisions
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph (3)--
(1) by striking ``part B of title VI'' and inserting ``title
VI''; and
(2) by inserting before the period the following: ``, with
the goal of improving the independence of individuals with
disabilities''.
SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting after
section 701 the following:
``SEC. 701A. <<NOTE: 29 USC 796-1.>> ADMINISTRATION OF THE
INDEPENDENT LIVING PROGRAM.
``There <<NOTE: Establishment.>> is established within the
Administration for Community Living of the Department of Health and
Human Services, an Independent Living Administration. The Independent
Living Administration shall be headed by a Director (referred to in this
section as the `Director') appointed by the Secretary of Health and
Human Services. The Director shall be an individual with substantial
knowledge of independent living services. The Independent Living
Administration shall be the principal agency, and the Director shall be
the principal officer, to carry out this chapter. In performing the
functions of the office, the Director shall be directly responsible to
the Administrator of the Administration for Community Living of the
Department of Health and Human Services. The Secretary shall ensure that
the Independent Living Administration has sufficient resources
(including designating at least 1 individual from the Office of General
Counsel who is knowledgeable about independent living services) to
provide technical assistance and support to, and oversight of, the
programs funded under this chapter.''.
SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by
inserting ``for individuals with significant
disabilities (regardless of age or income)'' before
``that--''; and
(B) in subparagraph (B), by striking the period and
inserting ``, including, at a minimum, independent
living core services as defined in section 7(17).'';
(2) in paragraph (2), by striking the period and inserting
the following: ``, in terms of the management, staffing,
decisionmaking, operation, and provisions of services, of the
center.'';
(3) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
[[Page 128 STAT. 1686]]
(4) by inserting before paragraph (2) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Administration for Community Living of the
Department of Health and Human Services.''.
SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``State plan'' the
following: ``developed and signed in accordance
with paragraph (2),''; and
(ii) by striking ``Commissioner'' each place
it appears and inserting ``Administrator'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``developed and signed by''; and
(ii) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) developed by the chairperson of the Statewide
Independent Living Council, and the directors of the
centers for independent living in the State, after
receiving public input from individuals with
disabilities and other stakeholders throughout the
State; and
``(B) signed by--
``(i) the chairperson of the Statewide
Independent Living Council, acting on behalf of
and at the direction of the Council;
``(ii) the director of the designated State
entity described in subsection (c); and
``(iii) not less than 51 percent of the
directors of the centers for independent living in
the State.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``State
independent living services'' and inserting
``independent living services in the State''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) working relationships and collaboration
between--
``(i) centers for independent living; and
``(ii)(I) entities carrying out programs that
provide independent living services, including
those serving older individuals;
``(II) other community-based organizations
that provide or coordinate the provision of
housing, transportation, employment, information
and referral assistance, services, and supports
for individuals with significant disabilities; and
``(III) entities carrying out other programs
providing services for individuals with
disabilities.''.
(D) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
and
(E) by adding at the end the following:
``(5) Statewideness.--The State plan shall describe
strategies for providing independent living services on a
statewide basis, to the greatest extent possible.'';
(2) in subsection (c)--
[[Page 128 STAT. 1687]]
(A) in the subsection heading, by striking ``Unit''
and inserting ``Entity'';
(B) in the matter preceding paragraph (1), by
striking ``the designated State unit of such State'' and
inserting ``a State entity of such State (referred to in
this title as the `designated State entity')'';
(C) in paragraphs (3) and (4), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(D) in paragraph (3), by striking ``and'' at the
end;
(E) in paragraph (4), by striking the period and
inserting ``; and''; and
(F) by adding at the end the following:
``(5) retain not more than 5 percent of the funds received
by the State for any fiscal year under part B, for the
performance of the services outlined in paragraphs (1) through
(4).'';
(3) in subsection (i), by striking paragraphs (1) and (2)
and inserting the following:
``(1) the Statewide Independent Living Council;
``(2) centers for independent living;
``(3) the designated State entity; and
``(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.'';
(4) in subsection (m)--
(A) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
and
(B) in paragraph (5), by striking ``Commissioner''
and inserting ``Administrator''; and
(5) by adding at the end the following:
``(o) Promoting Full Access to Community Life.--The plan shall
describe how the State will provide independent living services
described in section 7(18) that promote full access to community life
for individuals with significant disabilities.''.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended--
(1) in subsection (a), by inserting ``and maintain'' after
``shall establish'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``among its voting
members,'' before ``at least''; and
(II) by striking ``one'' and
inserting ``1''; and
(ii) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) among its voting members, for a State in which
1 or more centers for independent living are run by, or
in conjunction with, the governing bodies of American
Indian tribes located on Federal or State reservations,
at least 1 representative of the directors of such
centers; and
``(C) as ex officio, nonvoting members, a
representative of the designated State entity, and
representatives from State agencies that provide
services for individuals with disabilities.'';
(B) in paragraph (3)--
[[Page 128 STAT. 1688]]
(i) by redesignating subparagraphs (C) through
(F) as subparagraphs (D) through (G),
respectively;
(ii) in subparagraph (B), by striking
``parents and guardians of''; and
(iii) by inserting after paragraph (B) the
following:
``(C) parents and guardians of individuals with
disabilities;'';
(C) in paragraph (5)(B), by striking ``paragraph
(3)'' and inserting ``paragraph (1)''; and
(D) in paragraph (6)(B), by inserting ``, other than
a representative described in paragraph (2)(A) if there
is only one center for independent living within the
State,'' after ``the Council'';
(3) by striking subsection (c) and inserting the following:
``(c) Functions.--
``(1) Duties.--The Council shall--
``(A) develop the State plan as provided in section
704(a)(2);
``(B) monitor, review, and evaluate the
implementation of the State plan;
``(C) meet regularly, and ensure that such meetings
of the Council are open to the public and sufficient
advance notice of such meetings is provided;
``(D) submit to the Administrator such periodic
reports as the Administrator may reasonably request, and
keep such records, and afford such access to such
records, as the Administrator finds necessary to verify
the information in such reports; and
``(E) as appropriate, coordinate activities with
other entities in the State that provide services
similar to or complementary to independent living
services, such as entities that facilitate the provision
of or provide long-term community-based services and
supports.
``(2) Authorities.--The Council may, consistent with the
State plan described in section 704, unless prohibited by State
law--
``(A) in order to improve services provided to
individuals with disabilities, work with centers for
independent living to coordinate services with public
and private entities;
``(B) conduct resource development activities to
support the activities described in this subsection or
to support the provision of independent living services
by centers for independent living; and
``(C) perform such other functions, consistent with
the purpose of this chapter and comparable to other
functions described in this subsection, as the Council
determines to be appropriate.
``(3) Limitation.--The Council shall not provide independent
living services directly to individuals with significant
disabilities or manage such services.'';
(4) in subsection (e)--
(A) in paragraph (1), in the first sentence, by
striking ``prepare'' and all that follows through ``a
plan'' and inserting ``prepare, in conjunction with the
designated State entity, a plan''; and
(B) in paragraph (3), by striking ``State agency''
and inserting ``State entity''; and
[[Page 128 STAT. 1689]]
(5) in subsection (f)--
(A) by striking ``such resources'' and inserting
``available resources''; and
(B) by striking ``(including'' and all that follows
through ``compensation'' and inserting ``(such as
personal assistance services), and to pay reasonable
compensation''.
SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR.
Section 706 (29 U.S.C. 796d-1) is amended--
(1) by striking the title of the section and inserting the
following:
``SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Commissioner''
each place it appears and inserting ``Administrator'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``Commissioner'' and inserting ``Administrator'';
and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by inserting ``or the
Commissioner'' after ``to the
Secretary''; and
(bb) by striking ``to the
Commissioner; and'' and
inserting ``to the
Administrator;'';
(II) by redesignating clause (ii) as
clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) to the State agency shall be deemed to
be references to the designated State entity;
and'';
(3) by striking subsection (b) and inserting the following:
``(b) <<NOTE: Deadline. Federal Register, publication.>>
Indicators.--Not later than 1 year after the date of enactment of the
Workforce Innovation and Opportunity Act, the Administrator shall
develop and publish in the Federal Register indicators of minimum
compliance for centers for independent living (consistent with the
standards set forth in section 725), and indicators of minimum
compliance for Statewide Independent Living Councils.'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' each place it
appears and inserting ``Administrator''; and
(ii) by striking the last sentence;
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``Commissioner'' and inserting
``Administrator'';
(ii) in subparagraph (A), by striking ``such a
review'' and inserting ``a review described in
paragraph (1)''; and
(iii) in subparagraphs (A) and (B), by
striking ``Department'' each place it appears and
inserting ``Department of Health and Human
Services''; and
(5) by striking subsection (d) and inserting the following:
``(d) Reports.--
``(1) In general.--The Director described in section 701A
shall provide to the Administrator of the Administration for
Community Living and the Administrator shall include, in an
[[Page 128 STAT. 1690]]
annual report, information on the extent to which centers for
independent living receiving funds under part C have complied
with the standards and assurances set forth in section 725. The
Director may identify individual centers for independent living
in the analysis contained in that information. The Director
shall include in the report the results of onsite compliance
reviews, identifying individual centers for independent living
and other recipients of assistance under part C.
``(2) Public availability.--The Director shall ensure that
the report described in this subsection is made publicly
available in a timely manner, including through electronic
means, in order to inform the public about the administration
and performance of programs under this Act.''.
Subchapter B--Independent Living Services
SEC. 476. ADMINISTRATION.
(a) Allotments.--Section 711 (29 U.S.C. 796e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Except'' and inserting
``After the reservation required by section 711A
is made, and except''; and
(ii) by inserting ``the remainder of the''
before ``sums appropriated''; and
(B) in paragraph (2)(B), by striking ``amounts made
available for purposes of this part'' and inserting
``remainder described in paragraph (1)(A)'';
(2) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(3) by adding at the end the following:
``(d) Administration.--Funds allotted or made available to a State
under this section shall be administered by the designated State entity,
in accordance with the approved State plan.''.
(b) Training and Technical Assistance.--Part B of chapter 1 of title
VII is amended by inserting after section 711 (29 U.S.C. 796e) the
following:
``training and technical assistance
``Sec. 711A. (a) <<NOTE: Effective date. Grants. Contracts. 29 USC
796e-0.>> From the funds appropriated and made available to carry out
this part for any fiscal year, beginning with fiscal year 2015, the
Administrator shall first reserve not less than 1.8 percent and not more
than 2 percent of the funds to provide, either directly or through
grants, contracts, or cooperative agreements, training and technical
assistance to Statewide Independent Living Councils established under
section 705 for such fiscal year.
``(b) <<NOTE: Survey.>> The Administrator shall conduct a survey of
such Statewide Independent Living Councils regarding training and
technical assistance needs in order to determine funding priorities for
such training and technical assistance.
``(c) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, an entity shall submit an
application to the Administrator at such time, in such manner,
[[Page 128 STAT. 1691]]
containing a proposal to provide such training and technical assistance,
and containing such additional information, as the Administrator may
require. <<NOTE: Peer review.>> The Administrator shall provide for
peer review of applications by panels that include persons who are not
government employees and who have experience in the operation of such
Statewide Independent Living Councils.''.
(c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is amended by
striking ``Commissioner'' and inserting ``Administrator''.
(d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-2) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The State may use funds received under this part
to provide the resources described in section 705(e) (but may not use
more than 30 percent of the funds paid to the State under section 712
for such resources unless the State specifies that a greater percentage
of the funds is needed for such resources in a State plan approved under
section 706), relating to the Statewide Independent Living Council, may
retain funds under section 704(c)(5), and shall distribute the remainder
of the funds received under this part in a manner consistent with the
approved State plan for the activities described in subsection (b).
``(b) Activities.--The State may use the remainder of the funds
described in subsection (a)--''; and
(2) in paragraph (1), by inserting ``, particularly those in
unserved areas of the State'' after ``disabilities''.
(e) Authorization of Appropriations.--Section 714 (29 U.S.C. 796e-3)
is amended by striking ``such sums as may be necessary for each of the
fiscal years 1999 through 2003.'' and inserting ``$22,878,000 for fiscal
year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year
2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year
2019, and $26,877,000 for fiscal year 2020.''.
Subchapter C--Centers for Independent Living
SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended--
(1) in subsection (a)--
(A) by striking ``1999'' and inserting ``2015'';
(B) by striking ``Commissioner shall allot'' and
inserting ``Administrator shall make available''; and
(C) by inserting ``, centers for independent
living,'' after ``States'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``other arrangements'' and inserting ``cooperative
agreements'';
(ii) by striking ``For'' and all that follows
through ``Commissioner'' and inserting ``From the
funds appropriated to carry out this part for any
fiscal year, beginning with fiscal year 2015, the
Administrator'';
(iii) by striking ``reserve from such excess''
and inserting ``reserve not less than 1.8 percent
and not more than 2 percent of the funds''; and
[[Page 128 STAT. 1692]]
(iv) by striking ``eligible agencies'' and all
that follows and inserting ``centers for
independent living and eligible agencies for such
fiscal year.'';
(B) in paragraph (2)--
(i) by striking ``Commissioner shall make
grants to, and enter into contracts and other
arrangements with,'' and inserting ``Administrator
shall make grants to, or enter into contracts or
cooperative agreements with,''; and
(ii) by inserting ``fiscal management of,''
before ``planning,'';
(C) in paragraphs (3), (4), and (5), by striking
``Commissioner'' each place it appears and inserting
``Administrator''; and
(D) in paragraph (3), by striking ``Statewide
Independent Living Councils and'';
(3) in paragraph (4), by striking ``other arrangement'' and
inserting ``cooperative agreement'';
(4) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''; and
(5) in subsection (d), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''.
SEC. 482. CENTERS.
(a) Centers in States in Which Federal Funding Exceeds State
Funding.--Section 722 (29 U.S.C. 796f-1) is amended--
(1) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants
for a fiscal year''; and
(B) by striking ``by September 30, 1997'' and
inserting ``for the preceding fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' and inserting
``Administrator''; and
(ii) by striking ``region, consistent'' and
all that follows and inserting
``region. <<NOTE: Determination.>> The
Administrator's determination of the most
qualified applicant shall be consistent with the
provisions in the State plan setting forth the
design of the State for establishing a statewide
network of centers for independent living.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``Commissioner'' and inserting
``Administrator''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) shall consider comments regarding the
application--
``(i) by individuals with disabilities and
other interested parties within the new region
proposed to be served; and
``(ii) if any, by the Statewide Independent
Living Council in the State in which the applicant
is located;''; and
[[Page 128 STAT. 1693]]
(4) in subsections (e) and (g) by striking ``Commissioner''
each place it appears and inserting ``Administrator.''.
(b) Centers in States in Which State Funding Exceeds Federal
Funding.--Section 723 (29 U.S.C. 796f-2) is amended--
(1) in subsections (a), (b), (g), (h), and (i), by striking
``Commissioner'' each place it appears and inserting
``Administrator'';
(2) in subsection (a)--
(A) in paragraph (1)(A)(ii), by inserting ``of a
designated State unit'' after ``director''; and
(B) in the heading of paragraph (3), by striking
``commissioner'' and inserting ``administrator''; and
(3) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants
for a fiscal year''; and
(B) by striking ``by September 30, 1997'' and
inserting ``for the preceding fiscal year''.
(c) Centers Operated by State Agencies.--Section 724 (29 U.S.C.
796f-3) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``1993'' and inserting ``2015'';
(B) by striking ``Rehabilitation Act Amendments of
1998'' and inserting ``Workforce Innovation and
Opportunity Act''; and
(C) by striking ``1994'' and inserting ``2015''; and
(2) by striking ``Commissioner'' each place it appears and
inserting ``Administrator''.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f-4) is amended--
(1) in subsection (b)(1)(D)--
(A) by striking ``access of'' and inserting ``access
for''; and
(B) by striking ``to society and'' and inserting ``,
within their communities,''; and
(2) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``Administrator''.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f-6) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$78,305,000 for fiscal year 2015, $84,353,000 for fiscal
year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year
2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year
2020.''.
CHAPTER 2--INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO
ARE BLIND.
Chapter 2 of title VII (29 U.S.C. 796j et seq.) is amended by
inserting after section 751 the following:
``training and technical assistance
``Sec. 751A. (a) <<NOTE: Effective date. Grants. Contracts. 29 USC
796j-1.>> From the funds appropriated and made available to carry out
this chapter for any fiscal year, beginning with
[[Page 128 STAT. 1694]]
fiscal year 2015, the Commissioner shall first reserve not less than 1.8
percent and not more than 2 percent of the funds to provide, either
directly or through grants, contracts, or cooperative agreements,
training and technical assistance to designated State agencies, or other
providers of independent living services for older individuals who are
blind, that are funded under this chapter for such fiscal year.
``(b) <<NOTE: Survey.>> The Commissioner shall conduct a survey of
designated State agencies that receive grants under section 752
regarding training and technical assistance needs in order to determine
funding priorities for such training and technical assistance.
``(c) To be eligible to receive a grant or enter into a contract or
cooperative agreement under this section, an entity shall submit an
application to the Commissioner at such time, in such manner, containing
a proposal to provide such training and technical assistance, and
containing such additional information, as the Commissioner may
require. <<NOTE: Peer review.>> The Commissioner shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the provision of
services to older individuals who are blind.''.
SEC. 487. PROGRAM OF GRANTS.
Section 752 (29 U.S.C. 796k) is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively;
(3) in subsection (c)(2)--
(A) by striking ``subsection (j)'' and inserting
``subsection (i)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(4) in subsection (g), by inserting ``, or contracts or
cooperative agreements with,'' after ``grants to'';
(5) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``subsection
(j)(4)'' and inserting ``subsection (i)(4)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by adding ``and''
after the semicolon;
(ii) in subparagraph (B)(ii)(III), by striking
``; and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(6) in subsection (i), as redesignated by paragraph (2)--
(A) in paragraph (2)(A)(ii), by inserting ``, and
not reserved under section 751A,'' after ``section
753'';
(B) in paragraph (3)(A), by inserting ``, and not
reserved under section 751A,'' after ``section 753'';
and
(C) in paragraph (4)(B)(i), by striking ``subsection
(i)'' and inserting ``subsection (h)''.
SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO
ARE BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 753 (29 U.S.C. 796l) is amended by striking ``such sums as
may be necessary for each of the fiscal years 1999 through 2003.'' and
inserting ``$33,317,000 for fiscal year 2015, $35,890,000 for fiscal
year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year
2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year
2020.''.
[[Page 128 STAT. 1695]]
Subtitle I--General Provisions
SEC. 491. <<NOTE: 42 USC 3515e.>> TRANSFER OF FUNCTIONS REGARDING
INDEPENDENT LIVING TO DEPARTMENT OF HEALTH
AND HUMAN SERVICES, AND SAVINGS
PROVISIONS.
(a) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Administration for Community Living'' means
the Administration for Community Living of the Department of
Health and Human Services;
(2) the term ``Federal agency'' has the meaning given to the
term ``agency'' by section 551(1) of title 5, United States
Code;
(3) the term ``function'' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program; and
(4) the term ``Rehabilitation Services Administration''
means the Rehabilitation Services Administration of the Office
of Special Education and Rehabilitative Services of the
Department of Education.
(b) Transfer of Functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration exercised
before the effective date of this section (including all related
functions of any officer or employee of that Administration) under
chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796
et seq.).
(c) Personnel Determinations by the Office of Management and
Budget.--The Office of Management and Budget shall--
(1) ensure that this section does not result in any net
increase in full-time equivalent employees at any Federal agency
impacted by this section; and
(2) <<NOTE: Deadline. Certification.>> not later than 1
year after the effective date of this section, certify
compliance with this subsection to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.
(d) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this section, the
Administrator of the Administration for Community Living may delegate
any of the functions transferred to the Administrator of such
Administration by subsection (b) and any function described in
subsection (b) that was transferred or granted to such Administrator
after the effective date of this section to such officers and employees
of such Administration as the Administrator may designate, and may
authorize successive redelegations of such functions described in
subsection (b) as may be necessary or appropriate. No delegation of such
functions by the Administrator of the Administration for Community
Living under this subsection or under any other provision of this
section shall relieve such Administrator of responsibility for the
administration of such functions.
(e) Reorganization.--Except where otherwise expressly prohibited by
law or otherwise provided by this Act, the Administrator of the
Administration for Community Living is authorized to allocate or
reallocate any function transferred under subsection (b) among the
officers of such Administration, and to consolidate,
[[Page 128 STAT. 1696]]
alter, or discontinue such organizational entities in such
Administration as may be necessary or appropriate.
(f) <<NOTE: Regulations.>> Rules.--The Administrator of the
Administration for Community Living is authorized to prescribe, in
accordance with the provisions of chapters 5 and 6 of title 5, United
States Code, such rules and regulations as that Administrator determines
necessary or appropriate to administer and manage the functions
described in subsection (b) of that Administration.
(g) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by subsection (b), subject to section 1531 of title 31,
United States Code, shall be transferred to the Administration for
Community Living. Unexpended funds transferred pursuant to this
subsection shall be used only for the purposes for which the funds were
originally authorized and appropriated.
(h) <<NOTE: Determinations.>> Incidental Transfers.--The Director
of the Office of Management and Budget, at such time or times as the
Director shall provide, is authorized to make such determinations as may
be necessary with regard to the functions transferred by subsection (b),
and to make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be necessary to
carry out the provisions of this section. The Director of the Office of
Management and Budget shall provide for the termination of the affairs
of all entities terminated by this section and for such further measures
and dispositions as may be necessary to effectuate the purposes of this
section, with respect to such functions.
(i) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges,
and other administrative actions--
(A) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions
which are transferred under subsection (b); and
(B) which are in effect at the time this section
takes effect, or were final before the effective date of
this section and are to become effective on or after the
effective date of this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Administrator of the
Administration for Community Living or other authorized
official, a court of competent jurisdiction, or by operation of
law.
(2) Proceedings not affected.--The provisions of this
section shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
[[Page 128 STAT. 1697]]
certificate, or financial assistance pending before the
Rehabilitation Services Administration at the time this section
takes effect, with respect to functions transferred by
subsection (b) but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant to
such orders, as if this section had not been enacted, and orders
issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by
operation of law. Nothing in this paragraph shall be deemed to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or
modified if this section had not been enacted.
(3) Suits not affected.--The provisions of this section
shall not affect suits commenced (with respect to functions
transferred under subsection (b)) before the effective date of
this section, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), or by or against any individual in the official
capacity of such individual as an officer of the Rehabilitation
Services Administration (with regard to functions transferred
under subsection (b)), shall abate by reason of the enactment of
this section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the
Rehabilitation Services Administration (with regard to functions
transferred under subsection (b)) may be continued by the
Administration for Community Living with the same effect as if
this section had not been enacted.
(j) Separability.--If a provision of this section or its application
to any person or circumstance is held invalid, neither the remainder of
this section nor the application of the provision to other persons or
circumstances shall be affected.
(k) References.--A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Commissioner of the Rehabilitation Services
Administration (with regard to functions transferred under
subsection (b)), shall be deemed to refer to the Administrator
of the Administration for Community Living; and
(2) the Rehabilitation Services Administration (with regard
to functions transferred under subsection (b)), shall be deemed
to refer to the Administration for Community Living.
(l) Transition.--The Administrator of the Administration for
Community Living is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Rehabilitation Services Administration with
regard to functions transferred under subsection (b); and
(2) funds appropriated to such functions,
[[Page 128 STAT. 1698]]
for such period of time as may reasonably be needed to facilitate the
orderly implementation of this section.
(m) Administration for Community Living.--
(1) Transfer of functions.--There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration
exercised before the effective date of this section (including
all related functions of any officer or employee of that
Administration) under the Assistive Technology Act of 1998 (29
U.S.C. 3001 et seq.).
(2) <<NOTE: Applicability.>> Administrative matters.--
Subsections (d) through (l) shall apply to transfers described
in paragraph (1).
(n) National Institute on Disability, Independent Living, and
Rehabilitation Research.--
(1) Definitions.--For purposes of this subsection, unless
otherwise provided or indicated by the context--
(A) the term ``NIDILRR'' means the National
Institute on Disability, Independent Living, and
Rehabilitation Research of the Administration for
Community Living of the Department of Health and Human
Services; and
(B) the term ``NIDRR'' means the National Institute
on Disability and Rehabilitation Research of the Office
of Special Education and Rehabilitative Services of the
Department of Education.
(2) Transfer of functions.--There are transferred to the
NIDILRR, all functions which the Director of the NIDRR exercised
before the effective date of this section (including all related
functions of any officer or employee of the NIDRR).
(3) Administrative matters.--
(A) <<NOTE: Applicability.>> In general.--
Subsections (d) through (l) shall apply to transfers
described in paragraph (2).
(B) <<NOTE: Applicability.>> References.--For
purposes of applying those subsections under
subparagraph (A), those subsections--
(i) shall apply to the NIDRR and the Director
of the NIDRR in the same manner and to the same
extent as those subsections apply to the
Rehabilitation Services Administration and the
Commissioner of that Administration; and
(ii) shall apply to the NIDILRR and the
Director of the NIDILRR in the same manner and to
the same extent as those subsections apply to the
Administration for Community Living and the
Administrator of that Administration.
(o) References in Assistive Technology Act of 1998.--
(1) Secretary.--Section 3(13) of the Assistive Technology
Act of 1998 (29 U.S.C. 3002(13)) is amended by striking
``Education'' and inserting ``Health and Human Services''.
(2) National activities.--Section 6(d)(4) of the Assistive
Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by
striking ``Education'' and inserting ``Health and Human
Services''.
(3) General administration.--Section 7 of the Assistive
Technology Act of 1998 (29 U.S.C. 3006) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``the
Assistant Secretary'' and all that follows through
``Rehabilitation
[[Page 128 STAT. 1699]]
Services Administration,'' and inserting ``the
Administrator of the Administration for Community
Living'';
(ii) <<NOTE: Consultation.>> in paragraph
(2), by striking ``The Assistant Secretary'' and
all that follows and inserting ``The Administrator
of the Administration for Community Living shall
consult with the Office of Special Education
Programs of the Department of Education, the
Rehabilitation Services Administration of the
Department of Education, the Office of Disability
Employment Policy of the Department of Labor, the
National Institute on Disability, Independent
Living, and Rehabilitation Research, and other
appropriate Federal entities in the administration
of this Act.''; and
(iii) in paragraph (3), by striking ``the
Rehabilitation Services Administration'' and
inserting ``the Administrator of the
Administration for Community Living''; and
(B) in subsection (c)(5), by striking ``Education''
and inserting ``Health and Human Services''.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended--
(1) by striking the item relating to section 109 and
inserting the following:
``Sec. 109. Training and services for employers.'';
(2) by inserting after the item relating to section 112 the
following:
``Sec. 113. Provision of pre-employment transition services.'';
(3) by striking the item relating to section 202 and
inserting the following:
``Sec. 202. National Institute on Disability, Independent Living, and
Rehabilitation Research.'';
(4) by striking the item relating to section 205 and
inserting the following:
``Sec. 205. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
``Sec. 206. Definition of covered school.'';
(5) by striking the items relating to sections 304, 305, and
306 and inserting the following:
``Sec. 304. Measuring of project outcomes and performance.''.
(6) by inserting after the item relating to section 509 the
following:
``Sec. 511. Limitations on use of subminimum wage.'';
(7) by striking the items relating to title VI and inserting
the following:
``TITLE VI--EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
``Sec. 601. Short title.
``Sec. 602. Purpose.
``Sec. 603. Allotments.
``Sec. 604. Availability of services.
``Sec. 605. Eligibility.
``Sec. 606. State plan.
[[Page 128 STAT. 1700]]
``Sec. 607. Restriction.
``Sec. 608. Savings provision.
``Sec. 609. Advisory Committee on Increasing Competitive Integrated
Employment for Individuals with Disabilities.
``Sec. 610. Authorization of appropriations.''; and
(8) in the items relating to title VII--
(A)(i) by inserting after the item relating to
section 701 the following:
``Sec. 701A. Administration of the independent living program.'';
and
(ii) by striking the item relating to section 706
and inserting the following:
``Sec. 706. Responsibilities of the Administrator.'';
(B) by inserting after the item relating to section
711 the following:
``Sec. 711A. Training and technical assistance.'';
and
(C) by inserting after the item relating to section
751 the following:
``Sec. 751A. Training and technical assistance.''.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
SEC. 501. <<NOTE: 29 USC 3341.>> PRIVACY.
(a) Section 444 of the General Education Provisions Act.--Nothing in
this Act (including the amendments made by this Act) shall be construed
to supersede the privacy protections afforded parents and students under
section 444 of the General Education Provisions Act (20 U.S.C. 1232g).
(b) Prohibition on Development of National Database.--
(1) In general.--Nothing in this Act (including the
amendments made by this Act) shall be construed to permit the
development of a national database of personally identifiable
information on individuals receiving services under title I or
under the amendments made by title IV.
(2) Limitation.--Nothing in paragraph (1) shall be construed
to prevent the proper administration of national programs under
subtitles C and D of title I, or the amendments made by title IV
(as the case may be), or to carry out program management
activities consistent with title I or the amendments made by
title IV (as the case may be).
SEC. 502. <<NOTE: 29 USC 3342.>> BUY-AMERICAN REQUIREMENTS.
(a) Compliance With Buy American Act.--None of the funds made
available under title I or II or under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) may be expended by an entity unless the entity agrees that
in expending the funds the entity will comply with sections 8301 through
8303 of title 41, United States Code (commonly known as the ``Buy
American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may
[[Page 128 STAT. 1701]]
be authorized to be purchased with financial assistance provided
using funds made available under title I or II or under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense of
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment
and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available under title I or
II or under the Wagner-Peyser Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available under title I
or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), pursuant to
the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations,
as such sections were in effect on August 7, 1998, or pursuant to any
successor regulations.
SEC. 503. <<NOTE: 29 USC 3343.>> TRANSITION PROVISIONS.
(a) Workforce Development Systems and Investment Activities.--The
Secretary of Labor and the Secretary of Education shall take such
actions as the Secretaries determine to be appropriate to provide for
the orderly transition from any authority under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.) to any authority under subtitle A
of title I. Such actions shall include the provision of guidance related
to unified State planning, combined State planning, and the performance
accountability system described in such subtitle.
(b) Workforce Investment Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the
Workforce Investment Act of 1998 to any authority under subtitles B
through E of title I.
(c) Adult Education and Literacy Programs.--The Secretary of
Education shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any authority
under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et
seq.), as in effect on the day before the date of enactment of this Act,
to any authority under the Adult Education and Family Literacy Act, as
amended by this Act.
(d) Employment Services Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), as in effect on the day before the
date of enactment of this Act, to any authority under the Wagner-Peyser
Act, as amended by this Act.
(e) Vocational Rehabilitation Programs.--The Secretary of Education
and the Secretary of Health and Human Services shall take such actions
as the Secretaries determine to be appropriate
[[Page 128 STAT. 1702]]
to provide for the orderly transition from any authority under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as in effect on the
day before the date of enactment of this Act, to any authority under the
Rehabilitation Act of 1973, as amended by this Act.
(f) Regulations.--
(1) Proposed regulations.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Labor, the
Secretary of Education, and the Secretary of Health and Human
Services, as appropriate, shall develop and publish in the
Federal Register proposed regulations relating to the transition
to, and implementation of, this Act (including the amendments
made by this Act).
(2) Final regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretaries described in
paragraph (1), as appropriate, shall develop and publish in the
Federal Register final regulations relating to the transition
to, and implementation of, this Act (including the amendments
made by this Act).
(g) Expenditure of Funds During Transition.--
(1) In general.--Subject to paragraph (2) and in accordance
with regulations developed under subsection (f), States, grant
recipients, administrative entities, and other recipients of
financial assistance under the Workforce Investment Act of 1998
may expend funds received under such Act in order to plan and
implement programs and activities authorized under this Act.
(2) Additional requirements.--Not more than 2 percent of any
allotment to any State from amounts appropriated under the
Workforce Investment Act of 1998 for fiscal year 2014 may be
made available to carry out activities authorized under
paragraph (1) and not less than 50 percent of any amount used to
carry out activities authorized under paragraph (1) shall be
made available to local entities for the purposes of the
activities described in such paragraph.
SEC. 504. <<NOTE: Procedures. Criteria. 29 USC 3344.>> REDUCTION
OF REPORTING BURDENS AND REQUIREMENTS.
In order to simplify reporting requirements and reduce reporting
burdens, the Secretary of Labor, the Secretary of Education, and the
Secretary of Health and Human Services shall establish procedures and
criteria under which a State board and local board may reduce reporting
burdens and requirements under this Act (including the amendments made
by this Act).
SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND STATE DATABASES
AND DATA EXCHANGE AGREEMENTS.
(a) In General.--The Comptroller General of the United States shall
prepare and submit an interim report and a final report to Congress
regarding existing Federal and State databases and data exchange
agreements, as of the date of the report, that contain job training
information relevant to the administration of programs authorized under
this Act and the amendments made by this Act.
(b) Requirements.--The report required under subsection (a) shall--
(1) list existing Federal and State databases and data
exchange agreements described in subsection (a) and, for each,
describe--
(A) the purposes of the database or agreement;
[[Page 128 STAT. 1703]]
(B) the data elements, such as wage and employment
outcomes, contained in the database or accessible under
the agreement;
(C) the data elements described in subparagraph (B)
that are shared between States;
(D) the Federal and State workforce training
programs from which each Federal and State database
derives the data elements described in subparagraph (B);
(E) the number and type of Federal and State
agencies having access to such data;
(F) the number and type of private research
organizations having access to, through grants,
contracts, or other agreements, such data; and
(G) whether the database or data exchange agreement
provides for opt-out procedures for individuals whose
data is shared through the database or data exchange
agreement;
(2) study the effects that access by State workforce
agencies and the Secretary of Labor to the databases and data
exchange agreements described in subsection (a) would have on
efforts to carry out this Act and the amendments made by this
Act, and on individual privacy;
(3) explore opportunities to enhance the quality,
reliability, and reporting frequency of the data included in
such databases and data exchange agreements;
(4) describe, for each database or data exchange agreement
considered by the study described in subsection (a), the number
of individuals whose data is contained in each database or
accessible through the data agreement, and the specific data
elements contained in each that could be used to personally
identify an individual;
(5) include the number of data breaches having occurred
since 2004 to data systems administered by Federal and State
agencies;
(6) include the number of data breaches regarding any type
of personal data having occurred since 2004 to private research
organizations with whom Federal and State agencies contract for
studies; and
(7) include a survey of the security protocols used for
protecting personal data, including best practices shared
amongst States for access to, and administration of, data
elements stored and recommendations for improving security
protocols for the safe warehousing of data elements.
(c) Timing of Reports.--
(1) Interim report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare and
submit to Congress an interim report regarding the initial
findings of the report required under this section.
(2) Final report.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall prepare
and submit to Congress the final report required under this
section.
SEC. 506. <<NOTE: 29 USC 3101 note.>> EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this Act,
including the amendments made by this Act, shall take
[[Page 128 STAT. 1704]]
effect on the first day of the first full program year after the date of
enactment of this Act.
(b) Application Date for Workforce Development Performance
Accountability System.--
(1) In general.--Section 136 of the Workforce Investment Act
of 1998 (29 U.S.C. 2871), as in effect on the day before the
date of enactment of this Act, shall apply in lieu of section
116 of this Act, for the first full program year after the date
of enactment of this Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in
section 136 of the Workforce Investment Act of 1998 to a
provision in such Act (29 U.S.C. 2801 et seq.), other
than to a provision in such section or section 112 of
such Act, shall be deemed to refer to the corresponding
provision of this Act;
(B) the terms ``local area'', ``local board'',
``one-stop partner'', and ``State board'' have the
meanings given the terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms
used in such section 136 shall have the meanings given
the terms in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801);
(D) any agreement negotiated and reached under
section 136(c)(2) of the Workforce Investment Act of
1998 (29 U.S.C. 2871(c)(2)) shall remain in effect,
until a new agreement is so negotiated and reached, for
that first full program year;
(E) if a State or local area fails to meet levels of
performance under subsection (g) or (h), respectively,
of section 136 of the Workforce Investment Act of 1998
during that first full program year, the sanctions
provided under such subsection shall apply during the
second full program year after the date of enactment of
this Act; and
(F) the Secretary shall use an amount retained, as a
result of a reduction in an allotment to a State made
under section 136(g)(1)(B) of such Act (29 U.S.C.
2871(g)(1)(B)), to provide technical assistance as
described in subsections (f)(1) and (g)(1) of section
116 of this Act, in lieu of incentive grants under
section 503 of the Workforce Investment Act of 1998 (20
U.S.C. 9273) as provided in section 136(g)(2) of such
Act (29 U.S.C. 2871(g)(2)).
(c) Application Date for State and Local Plan Provisions.--
(1) Implementation.--Sections 112 and 118 of the Workforce
Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect on
the day before the date of enactment of this Act, shall apply to
implementation of State and local plans, in lieu of sections 102
and 103, and section 108, respectively, of this Act, for the
first full program year after the date of enactment of this Act.
(2) Special provisions.--For purposes of the application
described in paragraph (1)--
(A) except as otherwise specified, a reference in
section 112 or 118 of the Workforce Investment Act of
1998 to
[[Page 128 STAT. 1705]]
a provision in such Act (29 U.S.C. 2801 et seq.), other
than to a provision in or to either such section or to
section 136 of such Act, shall be deemed to refer to the
corresponding provision of this Act;
(B) the terms ``local area'', ``local board'',
``one-stop partner'', and ``State board'' have the
meanings given the terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms
used in such section 112 or 118 shall have the meanings
given the terms in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801); and
(D) section 112(b)(18)(D) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall
not apply.
(3) Submission.--Sections 102, 103, and 108 of this Act
shall apply to plans for the second full program year after the
date of enactment, including the development, submission, and
approval of such plans during the first full program year after
such date.
(d) Disability Provisions.--Except as otherwise provided in title IV
of this Act, title IV, and the amendments made by title IV, shall take
effect on the date of enactment of this Act.
Subtitle B--Amendments to Other Laws
SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT OF 1998.
(a) Workforce Investment Act of 1998.--The Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.) is repealed.
(b) Grants to States for Workplace and Community Transition Training
for Incarcerated Individuals.--Section 821 of the Higher Education
Amendments of 1998 (20 U.S.C. 1151) is repealed.
SEC. 512. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 414(c)(3)(C) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) is amended by
striking ``entities involved in administering the workforce investment
system established under title I of the Workforce Investment Act of
1998'' and inserting ``entities involved in administering the workforce
development system, as defined in section 3 of the Workforce Innovation
and Opportunity Act''.
(b) Assistive Technology Act of 1998.--The Assistive Technology Act
of 1998 (29 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is
amended by striking ``such as a one-stop partner, as defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801)'' and inserting ``such as a one-stop partner, as defined
in section 3 of the Workforce Innovation and Opportunity Act''.
(2) Section 4 of such Act (29 U.S.C. 3003) is amended--
(A) in subsection (c)(2)(B)(i)(IV), by striking ``a
representative of the State workforce investment board
established under section 111 of the Workforce
Investment Act of 1998 (29 U.S.C. 2821)'' and inserting
``a representative of the State workforce development
board established under
[[Page 128 STAT. 1706]]
section 101 of the Workforce Innovation and Opportunity
Act''; and
(B) in subsection (e)--
(i) in paragraph (2)(D)(i), by striking ``such
as one-stop partners, as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C.
2801),'' and inserting ``such as one-stop
partners, as defined in section 3 of the Workforce
Innovation and Opportunity Act,''; and
(ii) in paragraph (3)(B)(ii)(I)(aa), by
striking ``with entities in the statewide and
local workforce investment systems established
under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.),'' and inserting ``with
entities in the statewide and local workforce
development systems established under the
Workforce Innovation and Opportunity Act,''.
(c) Alaska Natural Gas Pipeline Act.--Section 113(a)(2) of the
Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is amended by
striking ``consistent with the vision and goals set forth in the State
of Alaska Unified Plan, as developed pursuant to the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``consistent with the vision and goals set forth in the State of Alaska
unified plan or combined plan, as appropriate, as developed pursuant to
section 102 or 103, as appropriate, of the Workforce Innovation and
Opportunity Act''.
(d) Atomic Energy Defense Act.--Section 4604(c)(6)(A) of the Atomic
Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is amended by striking
``programs carried out by the Secretary of Labor under the Job Training
Partnership Act or title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'' and inserting ``programs carried out by the
Secretary of Labor under title I of the Workforce Innovation and
Opportunity Act''.
(e) Carl D. Perkins Career and Technical Education Act of 2006.--The
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.) is amended as follows:
(1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2)) is
amended--
(A) in the paragraph heading, by striking ``Public
law 105-220'' and inserting ``Workforce innovation and
opportunity act''; and
(B) by striking ``functions and activities carried
out under Public Law 105-220'' and inserting ``functions
and activities carried out under the Workforce
Innovation and Opportunity Act''.
(2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4)) is
amended--
(A) in subparagraph (A), by striking ``activities
undertaken by the State boards under section 111 of
Public Law 105-220'' and inserting ``activities
undertaken by the State boards under section 101 of the
Workforce Innovation and Opportunity Act''; and
(B) in subparagraph (B), by striking ``the service
delivery system under section 121 of Public Law 105-
220'' and inserting ``the one-stop delivery system under
section 121 of the Workforce Innovation and Opportunity
Act''.
(3) Section 122 of such Act (20 U.S.C. 2342) is amended--
[[Page 128 STAT. 1707]]
(A) in subsection (b)(1)(A)(viii), by striking
``entities participating in activities described in
section 111 of Public Law 105-220'' and inserting
``entities participating in activities described in
section 101 of the Workforce Innovation and Opportunity
Act'';
(B) in subsection (c)(20), by striking ``the
description and information specified in sections
112(b)(8) and 121(c) of Public Law 105-220 concerning
the provision of services only for postsecondary
students and school dropouts'' and inserting ``the
description and information specified in subparagraphs
(B) and (C)(iii) of section 102(b)(2), and, as
appropriate, section 103(b)(3)(A), and section 121(c),
of the Workforce Innovation and Opportunity Act
concerning the provision of services only for
postsecondary students and school dropouts''; and
(C) in subsection (d)(2)--
(i) in the paragraph heading, by striking
``501 plan'' and inserting ``combined plan''; and
(ii) by striking ``as part of the plan
submitted under section 501 of Public Law 105-
220'' and inserting ``as part of the plan
submitted under section 103 of the Workforce
Innovation and Opportunity Act''.
(4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13))
is amended by striking ``such as through referral to the system
established under section 121 of Public Law 105-220'' and
inserting ``such as through referral to the system established
under section 121 of the Workforce Innovation and Opportunity
Act''.
(5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5)) is
amended by striking ``entities participating in activities
described in section 117 of Public Law 105-220 (if applicable)''
and inserting ``entities participating in activities described
in section 107 of the Workforce Innovation and Opportunity Act
(if applicable)''.
(6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16))
is amended by striking ``such as through referral to the system
established under section 121 of Public Law 105-220 (29 U.S.C.
2801 et seq.)'' and inserting ``such as through referral to the
system established under section 121 of the Workforce Innovation
and Opportunity Act''.
(7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1)) is
amended by striking ``Chapters 4 and 5 of subtitle B of title I
of Public Law 105-220'' and inserting ``Chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act''.
(f) Community Services Block Grant Act.--Section 676(b)(5) of the
Community Services Block Grant Act (42 U.S.C. 9908(b)(5)) is amended by
striking ``the eligible entities will coordinate the provision of
employment and training activities, as defined in section 101 of such
Act, in the State and in communities with entities providing activities
through statewide and local workforce investment systems under the
Workforce Investment Act of 1998'' and inserting ``the eligible entities
will coordinate the provision of employment and training activities, as
defined in section 3 of the Workforce Innovation and Opportunity Act, in
the State and in communities with entities providing activities through
statewide and local workforce development systems under such Act''.
[[Page 128 STAT. 1708]]
(g) Compact of Free Association Amendments Act of 2003.--The Compact
of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et seq.) is
amended as follows:
(1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C.
1921d(f)(1)(B)(iii)) is amended by striking ``title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), other
than subtitle C of that Act (29 U.S.C. 2881 et seq.) (Job
Corps), title II of the Workforce Investment Act of 1998 (20
U.S.C. 9201 et seq.; commonly known as the Adult Education and
Family Literacy Act),'' and inserting ``titles I (other than
subtitle C) and II of the Workforce Innovation and Opportunity
Act,''.
(2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is
amended by striking ``subtitle C of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job
Corps)'' and inserting ``subtitle C of title I of the Workforce
Innovation and Opportunity Act (relating to Job Corps)''.
(h) Domestic Volunteer Service Act of 1973.--Section 103(d) of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended by
striking ``employment.'' and all that follows and inserting the
following: ``employment. Whenever feasible, such efforts shall be
coordinated with an appropriate local workforce development board
established under section 107 of the Workforce Innovation and
Opportunity Act.''.
(i) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
as follows:
(1) Section 1203(c)(2)(A) of such Act (20 U.S.C.
6363(c)(2)(A)) is amended--
(A) by striking ``, in consultation with the
National Institute for Literacy,''; and
(B) by striking clause (ii); and
(C) by redesignating clauses (iii) and (iv) as
clauses (ii) and (iii), respectively.
(2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B))
is amended by striking ``any relevant programs under the Adult
Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce
Investment Act of 1998'' and inserting ``any relevant programs
under the Adult Education and Family Literacy Act, the
Individuals with Disabilities Education Act, and title I of the
Workforce Innovation and Opportunity Act''.
(3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is
amended by striking ``a description of how the program under
this subpart will be coordinated with other Federal, State, and
local programs, such as programs under title I of Public Law
105-220'' and inserting ``a description of how the program under
this subpart will be coordinated with other Federal, State, and
local programs, such as programs under title I of the Workforce
Innovation and Opportunity Act''.
(4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is
amended by striking ``coordinate funds received under this
subpart with other local, State, and Federal funds available to
provide services to participating children and youth, such as
funds made available under title I of Public Law 105-220,'' and
inserting ``coordinate funds received under this subpart with
other local, State, and Federal funds available to provide
[[Page 128 STAT. 1709]]
services to participating children and youth, such as funds made
available under title I of the Workforce Innovation and
Opportunity Act,''.
(5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H))
is amended by striking ``the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.)'' and inserting ``the Workforce
Innovation and Opportunity Act''.
(j) Environmental Programs Assistance Act of 1984.--Section 2(a) of
the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a))
is amended by striking ``Funding for such grants or agreements may be
made available from such programs or through title V of the Older
Americans Act of 1965 and subtitle D of title I of the Workforce
Investment Act of 1998'' and inserting ``Funding for such grants or
agreements may be made available from such programs or through title V
of the Older Americans Act of 1965 and subtitle D of title I of the
Workforce Innovation and Opportunity Act''.
(k) Energy Conservation and Production Act.--Section 414(b)(3) of
the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is
amended by striking ``securing, to the maximum extent practicable, the
services of volunteers and training participants and public service
employment workers, pursuant to title I of the Workforce Investment Act
of 1998'' and inserting ``securing, to the maximum extent practicable,
the services of volunteers and training participants and public service
employment workers, pursuant to title I of the Workforce Innovation and
Opportunity Act''.
(l) Food and Nutrition Act of 2008.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended as follows:
(1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended
by striking ``Notwithstanding section 181(a)(2) of the Workforce
Investment Act of 1998, earnings to individuals participating in
on-the-job-training under title I of the Workforce Investment
Act of 1998'' and inserting ``Notwithstanding section 181(a)(2)
of the Workforce Innovation and Opportunity Act, earnings to
individuals participating in on-the-job training under title I
of such Act''.
(2) Section 6 of such Act (7 U.S.C. 2015) is amended--
(A) in subsection (d)(4)(M), by striking
``activities under title I of the Workforce Investment
Act of 1998'' and inserting ``activities under title I
of the Workforce Innovation and Opportunity Act'';
(B) in subsection (e)(3)(A), by striking ``a program
under title I of the Workforce Investment Act of 1998''
and inserting ``a program under title I of the Workforce
Innovation and Opportunity Act''; and
(C) in subsection (o)(1)(A), by striking ``a program
under the title I of the Workforce Investment Act of
1998'' and inserting ``a program under title I of the
Workforce Innovation and Opportunity Act''.
(3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is
amended by striking ``a program carried out under title I of the
Workforce Investment Act of 1998'' and inserting ``a program
carried out under title I of the Workforce Innovation and
Opportunity Act''.
[[Page 128 STAT. 1710]]
(m) Full Employment and Balanced Growth Act of 1978.--Section 206 of
the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116) is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``the Secretary of Labor shall, as appropriate,
fully utilize the authority provided under the Job Training
Partnership Act and title I of the Workforce Investment Act of
1998'' and inserting ``the Secretary of Labor shall, as
appropriate, fully utilize the authority provided under title I
of the Workforce Innovation and Opportunity Act''; and
(2) in subsection (c)(1), by striking ``the President shall,
as may be authorized by law, establish reservoirs of public
employment and private nonprofit employment projects, to be
approved by the Secretary of Labor, through expansion of title I
of the Workforce Investment Act of 1998'' and inserting ``the
President shall, as may be authorized by law, establish
reservoirs of public employment and private nonprofit employment
projects, to be approved by the Secretary of Labor, through
expansion of activities under title I of the Workforce
Innovation and Opportunity Act''.
(n) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended as follows:
(1) Section 418A of such Act (20 U.S.C. 1070d-2) is
amended--
(A) in subsection (b)(1)(B)(ii), by striking
``section 167 of the Workforce Investment Act of 1998''
and inserting ``section 167 of the Workforce Innovation
and Opportunity Act''; and
(B) in subsection (c)(1)(A), by striking ``section
167 of the Workforce Investment Act of 1998'' and
inserting ``section 167 of the Workforce Innovation and
Opportunity Act''.
(2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1))
is amended by striking ``The term `dislocated worker' has the
meaning given the term in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)'' and inserting ``The
term `dislocated worker' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act''.
(3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is
amended by striking ``a dislocated worker (as defined in section
101 of the Workforce Investment Act of 1998)'' and inserting ``a
dislocated worker (as defined in section 3 of the Workforce
Innovation and Opportunity Act)''.
(4) Section 480(b)(1)(I) of such Act (20 U.S.C.
1087vv(b)(1)(I)) is amended by striking ``benefits received
through participation in employment and training activities
under title I of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.)'' and inserting ``benefits received through
participation in employment and training activities under title
I of the Workforce Innovation and Opportunity Act''.
(5) Section 803 of such Act (20 U.S.C. 1161c) is amended--
(A) in subsection (i)(1), by striking ``for changes
to this Act and related Acts, such as the Carl D.
Perkins Career and Technical Education Act of 2006 and
the Workforce Investment Act of 1998 (including titles I
and II), to help create and sustain business and
industry workforce partnerships at institutions of
higher education''
[[Page 128 STAT. 1711]]
and inserting ``for changes to this Act and related
Acts, such as the Carl D. Perkins Career and Technical
Education Act of 2006 and the Workforce Innovation and
Opportunity Act (including titles I and II), to help
create and sustain business and industry workforce
partnerships at institutions of higher education''; and
(B) in subsection (j)(1)--
(i) in subparagraph (A)(ii), by striking
``local board (as such term is defined in section
101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))'' and inserting ``local board (as
such term is defined in section 3 of the Workforce
Innovation and Opportunity Act)''; and
(ii) in subparagraph (B), by striking ``a
State board (as such term is defined in section
101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))'' and inserting ``a State board (as
such term is defined in section 3 of the Workforce
Innovation and Opportunity Act)''.
(6) Section 861(c)(1)(B) of such Act (20 U.S.C.
1161q(c)(1)(B)) is amended by striking ``local boards (as such
term is defined in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801))'' and inserting ``local boards (as
such term is defined in section 3 of the Workforce Innovation
and Opportunity Act)''.
(7) Section 872(b)(2)(E) of such Act (20 U.S.C.
1161s(b)(2)(E)) is amended by striking ``local boards (as
defined in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801))'' and inserting ``local boards (as defined in
section 3 of the Workforce Innovation and Opportunity Act)''.
(o) Housing Act of 1949.--Section 504(c)(3) of the Housing Act of
1949 (42 U.S.C. 1474(c)(3)) is amended by striking ``an insufficient
number of volunteers and training participants and public service
employment workers, assisted pursuant to title I of the Workforce
Investment Act of 1998 or the Older American Community Service
Employment Act,'' and inserting ``an insufficient number of volunteers
and training participants and public service employment workers,
assisted pursuant to title I of the Workforce Innovation and Opportunity
Act or the Community Service Senior Opportunities Act,''.
(p) Housing and Urban Development Act of 1968.--Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended--
(1) in subsection (c)--
(A) in paragraph (1)(B)(iii), by striking
``participants in YouthBuild programs receiving
assistance under section 173A of the Workforce
Investment Act of 1998'' and inserting ``participants in
YouthBuild programs receiving assistance under section
171 of the Workforce Innovation and Opportunity Act'';
and
(B) in paragraph (2)(B), by striking ``participants
in YouthBuild programs receiving assistance under
section 173A of the Workforce Investment Act of 1998''
and inserting ``participants in YouthBuild programs
receiving assistance under section 171 of the Workforce
Innovation and Opportunity Act''; and
(2) in subsection (d)--
(A) in paragraph (1)(B)(iii), by striking ``To
YouthBuild programs receiving assistance under section
173A of the
[[Page 128 STAT. 1712]]
Workforce Investment Act of 1998'' and inserting ``To
YouthBuild programs receiving assistance under section
171 of the Workforce Innovation and Opportunity Act'';
and
(B) in paragraph (2)(B), by striking ``to YouthBuild
programs receiving assistance under section 173A of the
Workforce Investment Act of 1998'' and inserting ``to
YouthBuild programs receiving assistance under section
171 of the Workforce Innovation and Opportunity Act''.
(q) Immigration and Nationality Act.--Section 245A(h)(4)(F) of the
Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by
striking ``Title I of the Workforce Investment Act of 1998'' and
inserting ``Title I of the Workforce Innovation and Opportunity Act''.
(r) Internal Revenue Code of 1986.--Section 7527(e)(2) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 7527.>> is amended by
inserting ``(as in effect on the day before the date of enactment of the
Workforce Innovation and Opportunity Act)'' after ``of 1998''.
(s) McKinney-Vento Homeless Assistance Act.--Section 103(c)(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(c)(2)) is
amended by striking ``a homeless individual shall be eligible for
assistance under title I of the Workforce Investment Act of 1998'' and
inserting ``a homeless individual shall be eligible for assistance under
title I of the Workforce Innovation and Opportunity Act''.
(t) Museum and Library Services Act.--The Museum and Library
Services Act (20 U.S.C. 9101 et seq.) is amended as follows:
(1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is
amended by striking ``activities under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.) (including activities under
section 134(c) of such Act) (29 U.S.C. 2864(c))'' and inserting
``activities under the Workforce Innovation and Opportunity Act
(including activities under section 121(e) of such Act))''.
(2) Section 224(b)(6)(C) of such Act (20 U.S.C.
9134(b)(6)(C)) is amended--
(A) in clause (i), by striking ``the activities
carried out by the State workforce investment board
under section 111(d) of the Workforce Investment Act of
1998 (29 U.S.C. 2821(d))'' and inserting ``the
activities carried out by the State workforce
development board under section 101 of the Workforce
Innovation and Opportunity Act''; and
(B) in clause (ii), by striking ``the State's one-
stop delivery system established under section 134(c) of
such Act (29 U.S.C. 2864(c))'' and inserting ``the
State's one-stop delivery system established under
section 121(e) of such Act''.
(u) National and Community Service Act of 1990.--The National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as
follows:
(1) Section 112(a)(3)(B) of such Act (42 U.S.C.
12523(a)(3)(B)) is amended by striking ``or who may participate
in a Youthbuild program under section 173A of the Workforce
Investment Act of 1998 (29 U.S.C. 2918a)'' and inserting ``or
who may participate in a Youthbuild program under section 171 of
the Workforce Innovation and Opportunity Act''.
(2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is
amended by striking ``coordinated with activities supported with
[[Page 128 STAT. 1713]]
assistance made available under programs administered by the
heads of such agencies (including title I of the Workforce
Investment Act of 1998)'' and inserting ``coordinated with
activities supported with assistance made available under
programs administered by the heads of such agencies (including
title I of the Workforce Innovation and Opportunity Act)''.
(v) National Energy Conservation Policy Act.--Section 233 of the
National Energy Conservation and Policy Act (42 U.S.C. 6873) is amended,
in the matter preceding paragraph (1), by striking ``a sufficient number
of volunteers and training participants and public service employment
workers, assisted pursuant to title I of the Workforce Investment Act of
1998 and the Older American Community Service Employment Act'' and
inserting ``a sufficient number of volunteers and training participants
and public service employment workers, assisted pursuant to title I of
the Workforce Innovation and Opportunity Act and the Community Service
Senior Opportunities Act''.
(w) Older Americans Act of 1965.--The Older Americans Act of 1965
(42 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 203 of such Act (42 U.S.C. 3013) is amended--
(A) in subsection (a)(2), by striking ``In
particular, the Secretary of Labor shall consult and
cooperate with the Assistant Secretary in carrying out
title I of the Workforce Investment Act of 1998'' and
inserting ``In particular, the Secretary of Labor shall
consult and cooperate with the Assistant Secretary in
carrying out title I of the Workforce Innovation and
Opportunity Act''; and
(B) in subsection (b)(1), by striking ``title I of
the Workforce Investment Act of 1998'' and inserting
``title I of the Workforce Innovation and Opportunity
Act''.
(2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12))
is amended by striking ``including programs carried out under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``including programs carried out under the
Workforce Innovation and Opportunity Act''.
(3) Section 502 of such Act (42 U.S.C. 3056) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (H), by striking
``will coordinate activities with
training and other services provided
under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801
et seq.), including utilizing the one-
stop delivery system of the local
workforce investment areas involved''
and inserting ``will coordinate
activities with training and other
services provided under title I of the
Workforce Innovation and Opportunity
Act, including utilizing the one-stop
delivery system of the local workforce
development areas involved'';
(II) in subparagraph (O)--
(aa) by striking ``through
the one-stop delivery system of
the local workforce investment
areas involved as established
under section 134(c) of the
Workforce Investment Act of 1998
(29 U.S.C. 2864(c)),'' and
inserting ``through the one-stop
delivery system of the local
workforce development areas
involved as
[[Page 128 STAT. 1714]]
established under section 121(e)
of the Workforce Innovation and
Opportunity Act,''; and
(bb) by striking ``and will
be involved in the planning and
operations of such system
pursuant to a memorandum of
understanding with the local
workforce investment board in
accordance with section 121(c)
of such Act (29 U.S.C.
2841(c))'' and inserting ``and
will be involved in the planning
and operations of such system
pursuant to a memorandum of
understanding with the local
workforce development board in
accordance with section 121(c)
of such Act''; and
(III) in subparagraph (Q)--
(aa) in clause (i), by
striking ``paragraph (8),
relating to coordination with
other Federal programs, of
section 112(b) of the Workforce
Investment Act of 1998 (29
U.S.C. 2822(b))'' and inserting
``clauses (ii) and (viii) of
paragraph (2)(B), relating to
coordination with other Federal
programs, of section 102(b) of
the Workforce Innovation and
Opportunity Act''; and
(bb) in clause (ii), by
striking ``paragraph (14),
relating to implementation of
one-stop delivery systems, of
section 112(b) of the Workforce
Investment Act of 1998'' and
inserting ``paragraph (2)(C)(i),
relating to implementation of
one-stop delivery systems, of
section 102(b) of the Workforce
Innovation and Opportunity
Act''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking
``An assessment and service strategy
required by paragraph (1)(N) to be
prepared for an eligible individual
shall satisfy any condition for an
assessment and service strategy or
individual employment plan for an adult
participant under subtitle B of title I
of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.), in order to
determine whether such eligible
individual also qualifies for intensive
or training services described in
section 134(d) of such Act (29 U.S.C.
2864(d)).'' and inserting ``An
assessment and service strategy required
by paragraph (1)(N) to be prepared for
an eligible individual shall satisfy any
condition for an assessment and service
strategy or individual employment plan
for an adult participant under subtitle
B of title I of the Workforce Innovation
and Opportunity Act, in order to
determine whether such eligible
individual also qualifies for career or
training services described in section
134(c) of such Act.''; and
(II) in subparagraph (B)--
(aa) in the subparagraph
heading, by striking ``workforce
investment act of 1998''
[[Page 128 STAT. 1715]]
and inserting ``workforce
innovation and opportunity
act''; and
(bb) by striking ``An
assessment and service strategy
or individual employment plan
prepared under subtitle B of
title I of the Workforce
Investment Act of 1998 (29
U.S.C. 2811 et seq.)'' and
inserting ``An assessment and
service strategy or individual
employment plan prepared under
subtitle B of title I of the
Workforce Innovation and
Opportunity Act''; and
(B) in subsection (e)(2)(B)(ii), by striking ``one-
stop delivery systems established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'' and inserting ``one-stop delivery systems
established under section 121(e) of the Workforce
Innovation and Opportunity Act''.
(4) Section 503 of such Act (42 U.S.C. 3056a) is amended--
(A) in subsection (a)--
(i) in paragraph (2)(A), by striking ``the
State and local workforce investment boards
established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``the State and local workforce
development boards established under title I of
the Workforce Innovation and Opportunity Act'';
and
(ii) in paragraph (4)(F), by striking ``plans
for facilitating the coordination of activities of
grantees in the State under this title with
activities carried out in the State under title I
of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.)'' and inserting ``plans for
facilitating the coordination of activities of
grantees in the State under this title with
activities carried out in the State under title I
of the Workforce Innovation and Opportunity Act'';
and
(B) in subsection (b)(2)(A), by striking ``with the
program carried out under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.)'' and inserting ``with
the program carried out under the Workforce Innovation
and Opportunity Act''.
(5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act is
amended by striking ``activities carried out under other Acts,
especially activities provided under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), including activities
provided through one-stop delivery systems established under
section 134(c)) of such Act (29 U.S.C. 2864(c)),'' and inserting
``activities carried out under other Acts, especially activities
provided under the Workforce Innovation and Opportunity Act,
including activities provided through one-stop delivery systems
established under section 121(e) of such Act,''.
(6) Section 510 of such Act (42 U.S.C. 3056h) is amended--
(A) by striking ``by local workforce investment
boards and one-stop operators established under title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.)'' and inserting ``by local workforce
development boards and one-stop operators established
under title I of the Workforce Innovation and
Opportunity Act''; and
[[Page 128 STAT. 1716]]
(B) by striking ``such title I'' and inserting
``such title''.
(7) Section 511 of such Act (42 U.S.C. 3056i) is amended--
(A) in subsection (a), by striking ``Grantees under
this title shall be one-stop partners as described in
subparagraphs (A) and (B)(vi) of section 121(b)(1) of
the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1)) in the one-stop delivery system established
under section 134(c) of such Act (29 U.S.C. 2864(c)) for
the appropriate local workforce investment areas'' and
inserting ``Grantees under this title shall be one-stop
partners as described in subparagraphs (A) and (B)(v) of
section 121(b)(1) of the Workforce Innovation and
Opportunity Act in the one-stop delivery system
established under section 121(e) of such Act for the
appropriate local workforce development areas''; and
(B) in subsection (b)(2), by striking ``be
signatories of the memorandum of understanding
established under section 121(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2841(c))'' and
inserting ``be signatories of the memorandum of
understanding established under section 121(c) of the
Workforce Innovation and Opportunity Act''.
(8) Section 518(b)(2)(F) of such Act (42 U.S.C.
3056p(b)(2)(F)) is amended by striking ``has failed to find
employment after utilizing services provided under title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''
and inserting ``has failed to find employment after utilizing
services provided under title I of the Workforce Innovation and
Opportunity Act''.
(x) Personal Responsibility and Work Opportunity Reconciliation Act
of 1996.--Section 403(c)(2)(K) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is
amended by striking ``Benefits under the title I of the Workforce
Investment Act of 1998'' and inserting ``Benefits under title I of the
Workforce Innovation and Opportunity Act''.
(y) Patient Protection and Affordable Care Act.--Section
5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42
U.S.C. 294q(d)(3)(D)) is amended by striking ``other health care
workforce programs, including those supported through the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.),'' and inserting ``other
health care workforce programs, including those supported through the
Workforce Innovation and Opportunity Act,''.
(z) Public Health Service Act.--The Public Health Service Act (42
U.S.C. 201 et seq.) is amended as follows:
(1) Section 399V(e) of such Act (42 U.S.C. 280g-11(e)) is
amended by striking ``one-stop delivery systems under section
134(c) of the Workforce Investment Act of 1998'' and inserting
``one-stop delivery systems under section 121(e) of the
Workforce Innovation and Opportunity Act''.
(2) Section 751(c)(1)(A) of such Act (42 U.S.C.
294a(c)(1)(A)) is amended by striking ``the applicable one-stop
delivery system under section 134(c) of the Workforce Investment
Act of 1998,'' and inserting ``the applicable one-stop delivery
system under section 121(e) of the Workforce Innovation and
Opportunity Act,''.
(3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is
amended by striking ``one-stop delivery system described in
section 134(c) of the Workforce Investment Act of 1998 (29
[[Page 128 STAT. 1717]]
U.S.C. 2864(c))'' and inserting ``one-stop delivery system
described in section 121(e) of the Workforce Innovation and
Opportunity Act''.
(aa) Runaway and Homeless Youth Act.--Section 322(a)(7) of the
Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(7)) is amended by
striking ``(including services and programs for youth available under
the Workforce Investment Act of 1998)'' and inserting ``(including
services and programs for youth available under the Workforce Innovation
and Opportunity Act)''.
(bb) Second Chance Act of 2007.--The Second Chance Act of 2007 (42
U.S.C. 17501 et seq.) is amended as follows:
(1) Section 212 of such Act (42 U.S.C. 17532) is amended--
(A) in subsection (c)(1)(B), by striking ``in
coordination with the one-stop partners and one-stop
operators (as such terms are defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801))
that provide services at any center operated under a
one-stop delivery system established under section
134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c)),'' and inserting ``in coordination with
the one-stop partners and one-stop operators (as such
terms are defined in section 3 of the Workforce
Innovation and Opportunity Act) that provide services at
any center operated under a one-stop delivery system
established under section 121(e) of the Workforce
Innovation and Opportunity Act,''; and
(B) in subsection (d)(1)(B)(iii), by striking ``the
local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832)),'' and inserting ``the local workforce
development boards established under section 107 of the
Workforce Innovation and Opportunity Act,''.
(2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is
amended by striking ``the one-stop partners and one-stop
operators (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide
services at any center operated under a one-stop delivery system
established under section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c))'' and inserting ``the one-stop
partners and one-stop operators (as such terms are defined in
section 3 of the Workforce Innovation and Opportunity Act) that
provide services at any center operated under a one-stop
delivery system established under section 121(e) of the
Workforce Innovation and Opportunity Act''.
(cc) Small Business Act.--Section 7(j)(13)(E) of the Small Business
Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ``an institution
eligible to provide skills training or upgrading under title I of the
Workforce Investment Act of 1998'' and inserting ``an institution
eligible to provide skills training or upgrading under title I of the
Workforce Innovation and Opportunity Act''.
(dd) Social Security Act.--The Social Security Act (42 U.S.C. 301 et
seq.) is amended as follows:
(1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is
amended--
(A) in subparagraph (A)(vii)(I), by striking ``chief
elected official (as defined in section 101 of the
Workforce Investment Act of 1998)'' and inserting
``chief elected official
[[Page 128 STAT. 1718]]
(as defined in section 3 of the Workforce Innovation and
Opportunity Act)''; and
(B) in subparagraph (D)(ii), by striking ``local
workforce investment board established for the service
delivery area pursuant to title I of the Workforce
Investment Act of 1998, as appropriate'' and inserting
``local workforce development board established for the
local workforce development area pursuant to title I of
the Workforce Innovation and Opportunity Act, as
appropriate''.
(2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b-
19(f)(1)(B)) is amended by striking ``a one-stop delivery system
established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)'' and inserting
``a one-stop delivery system established under section 121(e) of
the Workforce Innovation and Opportunity Act''.
(3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b-
20(a)(3)) is amended by striking ``a one-stop delivery system
established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)'' and inserting
``a one-stop delivery system established under section 121(e) of
the Workforce Innovation and Opportunity Act''.
(4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is
amended--
(A) in paragraph (2)(B), by striking ``the State
workforce investment board established under section 111
of the Workforce Investment Act of 1998'' and inserting
``the State workforce development board established
under section 101 of the Workforce Innovation and
Opportunity Act''; and
(B) in paragraph (4)(A), by striking ``a local
workforce investment board established under section 117
of the Workforce Investment Act of 1998,'' and inserting
``a local workforce development board established under
section 107 of the Workforce Innovation and Opportunity
Act,''.
(ee) Title 18 of the United States Code.--Section 665 of title 18 of
the United States Code is amended--
(1) in subsection (a), by striking ``Whoever, being an
officer, director, agent, or employee of, or connected in any
capacity with any agency or organization receiving financial
assistance or any funds under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998'' and
inserting ``Whoever, being an officer, director, agent, or
employee of, or connected in any capacity with any agency or
organization receiving financial assistance or any funds under
title I of the Workforce Innovation and Opportunity Act or title
I of the Workforce Investment Act of 1998'';
(2) in subsection (b), by striking ``a contract of
employment in connection with a financial assistance agreement
or contract under the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998'' and inserting ``a
contract of employment in connection with a financial assistance
agreement or contract under title I of the Workforce Innovation
and Opportunity Act or title I of the Workforce Investment Act
of 1998''; and
(3) in subsection (c), by striking ``Whoever willfully
obstructs or impedes or willfully endeavors to obstruct or
impede, an investigation or inquiry under the Job Training
[[Page 128 STAT. 1719]]
Partnership Act or title I of the Workforce Investment Act of
1998,'' and inserting ``Whoever willfully obstructs or impedes
or willfully endeavors to obstruct or impede, an investigation
or inquiry under title I of the Workforce Innovation and
Opportunity Act or title I of the Workforce Investment Act of
1998,''.
(ff) Title 31 of the United States Code.--Section 6703(a)(4) of
title 31 of the United States Code is amended by striking ``Programs
under title I of the Workforce Investment Act of 1998.'' and inserting
``Programs under title I of the Workforce Innovation and Opportunity
Act.''.
(gg) Title 38 of the United States Code.--Title 38 of the United
States Code is amended as follows:
(1) Section 4101(9) of title 38 of the United States Code is
amended by striking ``The term `intensive services' means local
employment and training services of the type described in
section 134(d)(3) of the Workforce Investment Act of 1998'' and
inserting ``The term `career services' means local employment
and training services of the type described in section 134(c)(2)
of the Workforce Innovation and Opportunity Act''.
(2) Section 4102A of title 38 of the United States Code is
amended--
(A) in subsection (d), by striking ``participation
of qualified veterans and eligible persons in employment
and training opportunities under title I of the
Workforce Investment Act of 1998'' and inserting
``participation of qualified veterans and eligible
persons in employment and training opportunities under
title I of the Workforce Innovation and Opportunity
Act''; and
(B) in subsection (f)(2)(A), by striking ``be
consistent with State performance measures applicable
under section 136(b) of the Workforce Investment Act of
1998'' and inserting ``be consistent with State
performance accountability measures applicable under
section 116(b) of the Workforce Innovation and
Opportunity Act''.
(3) Section 4104A of title 38 of the United States Code is
amended--
(A) in subsection (b)(1)(B), by striking ``the
appropriate State boards and local boards (as such terms
are defined in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801))'' and inserting ``the
appropriate State boards and local boards (as such terms
are defined in section 3 of the Workforce Innovation and
Opportunity Act)''; and
(B) in subsection (c)(1)(A), by striking ``the
appropriate State boards and local boards (as such terms
are defined in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801))'' and inserting ``the
appropriate State boards and local boards (as such terms
are defined in section 3 of the Workforce Innovation and
Opportunity Act)''.
(4) Section 4110B of title 38 of the United States Code is
amended by striking ``enter into an agreement with the Secretary
regarding the implementation of the Workforce Investment Act of
1998 that includes the description and information described in
paragraphs (8) and (14) of section 112(b) of the Workforce
Investment Act of 1998 (29 U.S.C.
[[Page 128 STAT. 1720]]
2822(b))'' and inserting ``enter into an agreement with the
Secretary regarding the implementation of the Workforce
Innovation and Opportunity Act that includes the descriptions
described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the
Workforce Innovation and Opportunity Act and a description of
how the State board will carry out the activities described in
section 101(d)(3)(F) of such Act''.
(5) Section 4213(a)(4) of title 38 of the United States Code
is amended by striking ``Any employment or training program
carried out under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.)'' and inserting ``Any employment
or training program carried out under title I of the Workforce
Innovation and Opportunity Act''.
(hh) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C. 2101 et
seq.) is amended as follows:
(1) Section 221(a) of such Act (19 U.S.C. 2271) is amended--
(A) in paragraph (1)(C)--
(i) by striking ``, one-stop operators or one-
stop partners (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801))
including State employment security agencies,''
and inserting ``, one-stop operators or one-stop
partners (as defined in section 3 of the Workforce
Innovation and Opportunity Act) including State
employment security agencies,''; and
(ii) by striking ``or the State dislocated
worker unit established under title I of such
Act,'' and inserting ``or a State dislocated
worker unit,''; and
(B) in subsection (a)(2)(A), by striking ``rapid
response activities and appropriate core and intensive
services (as described in section 134 of the Workforce
Investment Act of 1998 (29 U.S.C. 2864)) authorized
under other Federal laws'' and inserting ``rapid
response activities and appropriate career services (as
described in section 134 of the Workforce Innovation and
Opportunity Act) authorized under other Federal laws''.
(2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C.
2272(d)(2)(A)(iv)) is amended by striking ``one-stop operators
or one-stop partners (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))'' and inserting ``one-
stop operators or one-stop partners (as defined in section 3 of
the Workforce Innovation and Opportunity Act)''.
(3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5)) is
amended--
(A) in subparagraph (B), by striking ``any training
program provided by a State pursuant to title I of the
Workforce Investment Act of 1998'' and inserting ``any
training program provided by a State pursuant to title I
of the Workforce Innovation and Opportunity Act''; and
(B) in the flush text following subparagraph (H), by
striking ``The Secretary may not limit approval of a
training program under paragraph (1) to a program
provided pursuant to title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.).'' and inserting
``The Secretary may not limit approval of a training
program under paragraph (1) to a program provided
pursuant to title I of the Workforce Innovation and
Opportunity Act.''.
[[Page 128 STAT. 1721]]
(4) Section 239 of such Act (19 U.S.C. 2311) is amended--
(A) in subsection (f), by striking ``Any agreement
entered into under this section shall provide for the
coordination of the administration of the provisions for
employment services, training, and supplemental
assistance under sections 235 and 236 of this Act and
under title I of the Workforce Investment Act of 1998''
and inserting ``Any agreement entered into under this
section shall provide for the coordination of the
administration of the provisions for employment
services, training, and supplemental assistance under
sections 235 and 236 of this Act and under title I of
the Workforce Innovation and Opportunity Act''; and
(B) in subsection (h), by striking ``the description
and information described in paragraphs (8) and (14) of
section 112(b) of the Workforce Investment Act of 1998
(29 U.S.C. 2822(b))'' and inserting ``the descriptions
described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A)
of the Workforce Innovation and Opportunity Act, a
description of how the State board will carry out the
activities described in section 101(d)(3)(F) of such
Act,''.
(ii) United States Housing Act of 1937.--Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
(1) in subsection (b)(2)(A), by striking ``lack of
supportive services accessible to eligible families, which shall
include insufficient availability of resources for programs
under title I of the Workforce Investment Act of 1998'' and
inserting ``lack of supportive services accessible to eligible
families, which shall include insufficient availability of
resources for programs under title I of the Workforce Innovation
and Opportunity Act'';
(2) in subsection (f)(2), by striking ``the local agencies
(if any) responsible for carrying out programs under title I of
the Workforce Investment Act of 1998 or the Job Opportunities
and Basic Skills Training Program under part F of title IV of
the Social Security Act,'' and inserting ``the local agencies
(if any) responsible for carrying out programs under title I of
the Workforce Innovation and Opportunity Act or the Job
Opportunities and Basic Skills Training Program under part F of
title IV of the Social Security Act,''; and
(3) in subsection (g)--
(A) in paragraph (2), by striking ``any local
agencies responsible for programs under title I of the
Workforce Investment Act of 1998 or the Job
Opportunities and Basic Skills Training Program under
part F of title IV of the Social Security Act'' and
inserting ``any local agencies responsible for programs
under title I of the Workforce Innovation and
Opportunity Act or the Job Opportunities and Basic
Skills Training Program under part F of title IV of the
Social Security Act''; and
(B) in paragraph (3)(H), by striking ``programs
under title I of the Workforce Investment Act of 1998
and any other relevant employment, child care,
transportation, training, and education programs in the
applicable area'' and inserting ``programs under title I
of the Workforce Innovation and Opportunity Act and any
other relevant employment, child care, transportation,
training, and education programs in the applicable
area''.
[[Page 128 STAT. 1722]]
(jj) Violent Crime Control and Law Enforcement Act of 1994.--Section
31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking ``job training
programs authorized under title I of the Workforce Investment Act of
1998 or the Family Support Act of 1988 (Public Law 100-485)'' and
inserting ``job training programs authorized under title I of the
Workforce Innovation and Opportunity Act or the Family Support Act of
1988 (Public Law 100-485)''.
(kk) Worker Adjustment and Retraining Notification Act.--Section
3(a)(2) of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2102(a)(2)) is amended by striking ``the State or entity
designated by the State to carry out rapid response activities under
section 134(a)(2)(A) of the Workforce Investment Act of 1998,'' and
inserting ``the State or entity designated by the State to carry out
rapid response activities under section 134(a)(2)(A) of the Workforce
Innovation and Opportunity Act,''.
SEC. 513. <<NOTE: 29 USC 3361.>> REFERENCES.
(a) Workforce Investment Act of 1998 References.--Except as
otherwise specified, a reference in a Federal law to a provision of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) shall be
deemed to refer to the corresponding provision of this Act.
(b) Wagner-Peyser Act References.--Except as otherwise specified, a
reference in a Federal law to a provision of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) shall be deemed to refer to the corresponding
provision of such Act, as amended by this Act.
(c) Disability-related References.--Except as otherwise specified, a
reference in a Federal law to a provision of the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) shall be deemed to refer to the
corresponding provision of such Act, as amended by this Act.
Approved July 22, 2014.
LEGISLATIVE HISTORY--H.R. 803:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 113-14, Pt. 1 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD:
Vol. 159 (2013):
Mar. 15, considered and passed
House.
Vol. 160 (2014):
June 25, considered and passed
Senate, amended.
July 9, House concurred in Senate
amendments.
<all>