[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 803 Enrolled Bill (ENR)]
H.R.803
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To amend the Workforce Investment Act of 1998 to strengthen the United
States workforce development system through innovation in, and alignment
and improvement of, employment, training, and education programs in the
United States, and to promote individual and national economic growth,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Workforce
Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Subtitle A--System Alignment
Chapter 1--State Provisions

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TITLE I

-WORKFORCE DEVELOPMENT ACTIVITIES

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Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers

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Chapter 2--Youth Workforce Investment Activities

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

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Chapter 4--General Workforce Investment Provisions

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TITLE II

-ADULT EDUCATION AND LITERACY

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individuals.
Subtitle C--Local Provisions

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TITLE III

-AMENDMENTS TO THE WAGNER-PEYSER ACT

Subtitle B--Vocational Rehabilitation Services

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TITLE IV

-AMENDMENTS TO THE REHABILITATION ACT OF 1973

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Subtitle D--Professional Development and Special Projects and
Demonstration

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Subtitle E--National Council on Disability

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Subtitle G--Employment Opportunities for Individuals With Disabilities

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Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals With Significant Disabilities
subchapter a--general provisions

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Sec. 475A. Responsibilities of the Administrator.
subchapter b--independent living services

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subchapter c--centers for independent living

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Chapter 2--Independent Living Services for Older Individuals Who Are
Blind

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blind authorization of appropriations.
Subtitle I--General Provisions

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Department of Health and Human Services, and savings
provisions.

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TITLE V

-GENERAL PROVISIONS

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The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment, access
to and opportunities for the employment, education, training, and
support services they need to succeed in the labor market.
(2) To support the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce development
system in the United States.
(3) To improve the quality and labor market relevance of
workforce investment, education, and economic development efforts
to provide America's workers with the skills and credentials
necessary to secure and advance in employment with family-
sustaining wages and to provide America's employers with the
skilled workers the employers need to succeed in a global economy.
(4) To promote improvement in the structure of and delivery of
services through the United States workforce development system to
better address the employment and skill needs of workers,
jobseekers, and employers.
(5) To increase the prosperity of workers and employers in the
United States, the economic growth of communities, regions, and
States, and the global competitiveness of the United States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase attainment of
recognized postsecondary credentials by participants, and as a
result, improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the skill
requirements of employers, and enhance the productivity and
competitiveness of the Nation.

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(a) In General.--The Governor of a State shall establish a State
workforce development board to carry out the functions described in
subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State legislature (to
the extent consistent with State law), appointed by the
appropriate presiding officers of such chamber; and
(C) members appointed by the Governor, of which--
(i) a majority shall be representatives of businesses
in the State, who--
(I) are owners of businesses, chief executives or
operating officers of businesses, or other business
executives or employers with optimum policymaking or
hiring authority, and who, in addition, may be members
of a local board described in section 107(b)(2)(A)(i);
(II) represent businesses (including small
businesses), or organizations representing businesses
described in this subclause, that provide employment
opportunities that, at a minimum, include high-quality,
work-relevant training and development in in-demand
industry sectors or occupations in the State; and
(III) are appointed from among individuals
nominated by State business organizations and business
trade associations;
(ii) not less than 20 percent shall be representatives
of the workforce within the State, who--
(I) shall include representatives of labor
organizations, who have been nominated by State labor
federations;
(II) shall include a representative, who shall be a
member of a labor organization or a training director,
from a joint labor-management apprenticeship program,
or if no such joint program exists in the State, such a
representative of an apprenticeship program in the
State;
(III) may include representatives of community-
based organizations that have demonstrated experience
and expertise in addressing the employment, training,
or education needs of individuals with barriers to
employment, including organizations that serve veterans
or that provide or support competitive, integrated
employment for individuals with disabilities; and
(IV) may include representatives of organizations
that have demonstrated experience and expertise in
addressing the employment, training, or education needs
of eligible youth, including representatives of
organizations that serve out-of-school youth; and
(iii) the balance--
(I) shall include representatives of government,
who--
(aa) shall include the lead State officials
with primary responsibility for the core programs;
and
(bb) shall include chief elected officials
(collectively representing both cities and
counties, where appropriate); and
(II) may include such other representatives and
officials as the Governor may designate, such as--
(aa) the State agency officials from agencies
that are one-stop partners not specified in
subclause (I) (including additional one-stop
partners whose programs are covered by the State
plan, if any);
(bb) State agency officials responsible for
economic development or juvenile justice programs
in the State;
(cc) individuals who represent an Indian tribe
or tribal organization, as such terms are defined
in section 166(b); and
(dd) State agency officials responsible for
education programs in the State, including chief
executive officers of community colleges and other
institutions of higher education.
(2) Diverse and distinct representation.--The members of the
State board shall represent diverse geographic areas of the State,
including urban, rural, and suburban areas.
(3) No representation of multiple categories.--No person shall
serve as a member for more than 1 of--
(A) the category described in paragraph (1)(C)(i); or
(B) 1 category described in a subclause of clause (ii) or
(iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson for the
State board from among the representatives described in subsection
(b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor in--
(1) the development, implementation, and modification of the
State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on actions
that should be taken by the State to align workforce development
programs in the State in a manner that supports a comprehensive and
streamlined workforce development system in the State, including
the review and provision of comments on the State plans, if any,
for programs and activities of one-stop partners that are not core
programs;
(3) the development and continuous improvement of the workforce
development system in the State, including--
(A) the identification of barriers and means for removing
barriers to better coordinate, align, and avoid duplication
among the programs and activities carried out through the
system;
(B) the development of strategies to support the use of
career pathways for the purpose of providing individuals,
including low-skilled adults, youth, and individuals with
barriers to employment (including individuals with
disabilities), with workforce investment activities, education,
and supportive services to enter or retain employment;
(C) the development of strategies for providing effective
outreach to and improved access for individuals and employers
who could benefit from services provided through the workforce
development system;
(D) the development and expansion of strategies for meeting
the needs of employers, workers, and jobseekers, particularly
through industry or sector partnerships related to in-demand
industry sectors and occupations;
(E) the identification of regions, including planning
regions, for the purposes of section 106(a), and the
designation of local areas under section 106, after
consultation with local boards and chief elected officials;
(F) the development and continuous improvement of the one-
stop delivery system in local areas, including providing
assistance to local boards, one-stop operators, one-stop
partners, and providers with planning and delivering services,
including training services and supportive services, to support
effective delivery of services to workers, jobseekers, and
employers; and
(G) the development of strategies to support staff training
and awareness across programs supported under the workforce
development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on best
practices, including best practices for--
(A) the effective operation of one-stop centers, relating
to the use of business outreach, partnerships, and service
delivery strategies, including strategies for serving
individuals with barriers to employment;
(B) the development of effective local boards, which may
include information on factors that contribute to enabling
local boards to exceed negotiated local levels of performance,
sustain fiscal integrity, and achieve other measures of
effectiveness; and
(C) effective training programs that respond to real-time
labor market analysis, that effectively use direct assessment
and prior learning assessment to measure an individual's prior
knowledge, skills, competencies, and experiences, and that
evaluate such skills, and competencies for adaptability, to
support efficient placement into employment or career pathways;
(6) the development and review of statewide policies affecting
the coordinated provision of services through the State's one-stop
delivery system described in section 121(e), including the
development of--
(A) objective criteria and procedures for use by local
boards in assessing the effectiveness and continuous
improvement of one-stop centers described in such section;
(B) guidance for the allocation of one-stop center
infrastructure funds under section 121(h); and
(C) policies relating to the appropriate roles and
contributions of entities carrying out one-stop partner
programs within the one-stop delivery system, including
approaches to facilitating equitable and efficient cost
allocation in such system;
(7) the development of strategies for technological
improvements to facilitate access to, and improve the quality of,
services and activities provided through the one-stop delivery
system, including such improvements to--
(A) enhance digital literacy skills (as defined in section
202 of the Museum and Library Services Act (20 U.S.C. 9101);
referred to in this Act as ``digital literacy skills'');
(B) accelerate the acquisition of skills and recognized
postsecondary credentials by participants;
(C) strengthen the professional development of providers
and workforce professionals; and
(D) ensure such technology is accessible to individuals
with disabilities and individuals residing in remote areas;
(8) the development of strategies for aligning technology and
data systems across one-stop partner programs to enhance service
delivery and improve efficiencies in reporting on performance
accountability measures (including the design and implementation of
common intake, data collection, case management information, and
performance accountability measurement and reporting processes and
the incorporation of local input into such design and
implementation, to improve coordination of services across one-stop
partner programs);
(9) the development of allocation formulas for the distribution
of funds for employment and training activities for adults, and
youth workforce investment activities, to local areas as permitted
under sections 128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described in
paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) Alternative Entity.--
(1) In general.--For the purposes of complying with subsections
(a), (b), and (c), a State may use any State entity (including a
State council, State workforce development board (within the
meaning of the Workforce Investment Act of 1998, as in effect on
the day before the date of enactment of this Act), combination of
regional workforce development boards, or similar entity) that--
(A) was in existence on the day before the date of
enactment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board described
in subsections (a) through (c); and
(C) includes representatives of business in the State and
representatives of labor organizations in the State.
(2) References.--A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be
considered to include such an entity.
(f) Conflict of Interest.--A member of a State board may not--
(1) vote on a matter under consideration by the State board--
(A) regarding the provision of services by such member (or
by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor to
constitute a conflict of interest as specified in the State plan.
(g) Sunshine Provision.--The State board shall make available to
the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the State board,
including information regarding the State plan, or a modification to
the State plan, prior to submission of the plan or modification of the
plan, respectively, information regarding membership, and, on request,
minutes of formal meetings of the State board.
(h) Authority To Hire Staff.--
(1) In general.--The State board may hire a director and other
staff to assist in carrying out the functions described in
subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
(2) Qualifications.--The State board shall establish and apply
a set of objective qualifications for the position of director,
that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks and
to assist in effectively carrying out the functions of the State
board.
(3) Limitation on rate.--The director and staff described in
paragraph (1) shall be subject to the limitations on the payment of
salary and bonuses described in section 194(15).

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(a) Plan.--For a State to be eligible to receive allotments for the
core programs, the Governor shall submit to the Secretary of Labor for
the approval process described under subsection (c)(2), a unified State
plan. The unified State plan shall outline a 4-year strategy for the
core programs of the State and meet the requirements of this section.
(b) Contents.--
(1) Strategic planning elements.--The unified State plan shall
include strategic planning elements consisting of a strategic
vision and goals for preparing an educated and skilled workforce,
that include--
(A) an analysis of the economic conditions in the State,
including--
(i) existing and emerging in-demand industry sectors
and occupations; and
(ii) the employment needs of employers, including a
description of the knowledge, skills, and abilities, needed
in those industries and occupations;
(B) an analysis of the current workforce, employment and
unemployment data, labor market trends, and the educational and
skill levels of the workforce, including individuals with
barriers to employment (including individuals with
disabilities), in the State;
(C) an analysis of the workforce development activities
(including education and training) in the State, including an
analysis of the strengths and weaknesses of such activities,
and the capacity of State entities to provide such activities,
in order to address the identified education and skill needs of
the workforce and the employment needs of employers in the
State;
(D) a description of the State's strategic vision and goals
for preparing an educated and skilled workforce (including
preparing youth and individuals with barriers to employment)
and for meeting the skilled workforce needs of employers,
including goals relating to performance accountability measures
based on primary indicators of performance described in section
116(b)(2)(A), in order to support economic growth and economic
self-sufficiency, and of how the State will assess the overall
effectiveness of the workforce investment system in the State;
and
(E) taking into account analyses described in subparagraphs
(A) through (C), a strategy for aligning the core programs, as
well as other resources available to the State, to achieve the
strategic vision and goals described in subparagraph (D).
(2) Operational planning elements.--
(A) In general.--The unified State plan shall include the
operational planning elements contained in this paragraph,
which shall support the strategy described in paragraph (1)(E),
including a description of how the State board will implement
the functions under section 101(d).
(B) Implementation of state strategy.--The unified State
plan shall describe how the lead State agency with
responsibility for the administration of a core program will
implement the strategy described in paragraph (1)(E), including
a description of--
(i) the activities that will be funded by the entities
carrying out the respective core programs to implement the
strategy and how such activities will be aligned across the
programs and among the entities administering the programs,
including using co-enrollment and other strategies;
(ii) how the activities described in clause (i) will be
aligned with activities provided under employment,
training, education, including career and technical
education, and human services programs not covered by the
plan, as appropriate, assuring coordination of, and
avoiding duplication among, the activities referred to in
this clause;
(iii) how the entities carrying out the respective core
programs will coordinate activities and provide
comprehensive, high-quality services including supportive
services, to individuals;
(iv) how the State's strategy will engage the State's
community colleges and area career and technical education
schools as partners in the workforce development system and
enable the State to leverage other Federal, State, and
local investments that have enhanced access to workforce
development programs at those institutions;
(v) how the activities described in clause (i) will be
coordinated with economic development strategies and
activities in the State; and
(vi) how the State's strategy will improve access to
activities leading to a recognized postsecondary credential
(including a credential that is an industry-recognized
certificate or certification, portable, and stackable).
(C) State operating systems and policies.--The unified
State plan shall describe the State operating systems and
policies that will support the implementation of the strategy
described in paragraph (1)(E), including a description of--
(i) the State board, including the activities to assist
members of the State board and the staff of such board in
carrying out the functions of the State board effectively
(but funds for such activities may not be used for long-
distance travel expenses for training or development
activities available locally or regionally);
(ii)(I) how the respective core programs will be
assessed each year, including an assessment of the quality,
effectiveness, and improvement of programs (analyzed by
local area, or by provider), based on State performance
accountability measures described in section 116(b); and
(II) how other one-stop partner programs will be
assessed each year;
(iii) the results of an assessment of the effectiveness
of the core programs and other one-stop partner programs
during the preceding 2-year period;
(iv) the methods and factors the State will use in
distributing funds under the core programs, in accordance
with the provisions authorizing such distributions;
(v)(I) how the lead State agencies with responsibility
for the administration of the core programs will align and
integrate available workforce and education data on core
programs, unemployment insurance programs, and education
through postsecondary education;
(II) how such agencies will use the workforce
development system to assess the progress of participants
that are exiting from core programs in entering, persisting
in, and completing postsecondary education, or entering or
remaining in employment; and
(III) the privacy safeguards incorporated in such
system, including safeguards required by section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) and
other applicable Federal laws;
(vi) how the State will implement the priority of
service provisions for veterans in accordance with the
requirements of section 4215 of title 38, United States
Code;
(vii) how the one-stop delivery system, including one-
stop operators and the one-stop partners, will comply with
section 188, if applicable, and applicable provisions of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), regarding the physical and programmatic
accessibility of facilities, programs, services,
technology, and materials, for individuals with
disabilities, including complying through providing staff
training and support for addressing the needs of
individuals with disabilities; and
(viii) such other operational planning elements as the
Secretary of Labor or the Secretary of Education, as
appropriate, determines to be necessary for effective State
operating systems and policies.
(D) Program-specific requirements.--The unified State plan
shall include--
(i) with respect to activities carried out under
subtitle B, a description of--
(I) State policies or guidance, for the statewide
workforce development system and for use of State funds
for workforce investment activities;
(II) the local areas designated in the State,
including the process used for designating local areas,
and the process used for identifying any planning
regions under section 106(a), including a description
of how the State consulted with the local boards and
chief elected officials in determining the planning
regions;
(III) the appeals process referred to in section
106(b)(5), relating to designation of local areas;
(IV) the appeals process referred to in section
121(h)(2)(E), relating to determinations for
infrastructure funding; and
(V) with respect to youth workforce investment
activities authorized in section 129, information
identifying the criteria to be used by local boards in
awarding grants for youth workforce investment
activities and describing how the local boards will
take into consideration the ability of the providers to
meet performance accountability measures based on
primary indicators of performance for the youth program
as described in section 116(b)(2)(A)(ii) in awarding
such grants;
(ii) with respect to activities carried out under title
II, a description of--
(I) how the eligible agency will, if applicable,
align content standards for adult education with State-
adopted challenging academic content standards, as
adopted under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1));
(II) how the State will fund local activities using
considerations specified in section 231(e) for--
(aa) activities under section 231(b);
(bb) programs for corrections education under
section 225;
(cc) programs for integrated English literacy
and civics education under section 243; and
(dd) integrated education and training;
(III) how the State will use the funds to carry out
activities under section 223;
(IV) how the State will use the funds to carry out
activities under section 243;
(V) how the eligible agency will assess the quality
of providers of adult education and literacy activities
under title II and take actions to improve such
quality, including providing the activities described
in section 223(a)(1)(B);
(iii) with respect to programs carried out under title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title (29
U.S.C. 732, 741), the information described in section
101(a) of that Act (29 U.S.C. 721(a)); and
(iv) information on such additional specific
requirements for a program referenced in any of clauses (i)
through (iii) or the Wagner-Peyser Act (29 U.S.C. 49 et
seq.) as the Secretary of Labor determines to be necessary
to administer that program but cannot reasonably be applied
across all such programs.
(E) Assurances.--The unified State plan shall include
assurances--
(i) that the State has established a policy identifying
circumstances that may present a conflict of interest for a
State board or local board member, or the entity or class
of officials that the member represents, and procedures to
resolve such conflicts;
(ii) that the State has established a policy to provide
to the public (including individuals with disabilities)
access to meetings of State boards and local boards, and
information regarding activities of State boards and local
boards, such as data on board membership and minutes;
(iii)(I) that the lead State agencies with
responsibility for the administration of core programs
reviewed and commented on the appropriate operational
planning elements of the unified State plan, and approved
the elements as serving the needs of the populations served
by such programs; and
(II) that the State obtained input into the development
of the unified State plan and provided an opportunity for
comment on the plan by representatives of local boards and
chief elected officials, businesses, labor organizations,
institutions of higher education, other primary
stakeholders, and the general public and that the unified
State plan is available and accessible to the general
public;
(iv) that the State has established, in accordance with
section 116(i), fiscal control and fund accounting
procedures that may be necessary to ensure the proper
disbursement of, and accounting for, funds paid to the
State through allotments made for adult, dislocated worker,
and youth programs to carry out workforce investment
activities under chapters 2 and 3 of subtitle B;
(v) that the State has taken appropriate action to
secure compliance with uniform administrative requirements
in this Act, including that the State will annually monitor
local areas to ensure compliance and otherwise take
appropriate action to secure compliance with the uniform
administrative requirements under section 184(a)(3);
(vi) that the State has taken the appropriate action to
be in compliance with section 188, if applicable;
(vii) that the Federal funds received to carry out a
core program will not be expended for any purpose other
than for activities authorized with respect to such funds
under that core program;
(viii) that the eligible agency under title II will--
(I) expend the funds appropriated to carry out that
title only in a manner consistent with fiscal
requirements under section 241(a) (regarding supplement
and not supplant provisions); and
(II) ensure that there is at least 1 eligible
provider serving each local area;
(ix) that the State will pay an appropriate share (as
defined by the State board) of the costs of carrying out
section 116, from funds made available through each of the
core programs; and
(x) regarding such other matters as the Secretary of
Labor or the Secretary of Education, as appropriate,
determines to be necessary for the administration of the
core programs.
(3) Existing analysis.--As appropriate, a State may use an
existing analysis in order to carry out the requirements of
paragraph (1) concerning an analysis.
(c) Plan Submission and Approval.--
(1) Submission.--
(A) Initial plan.--The initial unified State plan under
this section (after the date of enactment of the Workforce
Innovation and Opportunity Act) shall be submitted to the
Secretary of Labor not later than 120 days prior to the
commencement of the second full program year after the date of
enactment of this Act.
(B) Subsequent plans.--Except as provided in subparagraph
(A), a unified State plan shall be submitted to the Secretary
of Labor not later than 120 days prior to the end of the 4-year
period covered by the preceding unified State plan.
(2) Submission and approval.--
(A) Submission.--In approving a unified State plan under
this section, the Secretary shall submit the portion of the
unified State plan covering a program or activity to the head
of the Federal agency that administers the program or activity
for the approval of such portion by such head.
(B) Approval.--A unified State plan shall be subject to the
approval of both the Secretary of Labor and the Secretary of
Education, after approval of the Commissioner of the
Rehabilitation Services Administration for the portion of the
plan described in subsection (b)(2)(D)(iii). The plan shall be
considered to be approved at the end of the 90-day period
beginning on the day the plan is submitted, unless the
Secretary of Labor or the Secretary of Education makes a
written determination, during the 90-day period, that the plan
is inconsistent with the provisions of this section or the
provisions authorizing the core programs, as appropriate.
(3) Modifications.--
(A) Modifications.--At the end of the first 2-year period
of any 4-year unified State plan, the State board shall review
the unified State plan, and the Governor shall submit
modifications to the plan to reflect changes in labor market
and economic conditions or in other factors affecting the
implementation of the unified State plan.
(B) Approval.--A modified unified State plan submitted for
the review required under subparagraph (A) shall be subject to
the approval requirements described in paragraph (2). A
Governor may submit a modified unified State plan at such other
times as the Governor determines to be appropriate, and such
modified unified State plan shall also be subject to the
approval requirements described in paragraph (2).
(4) Early implementers.--The Secretary of Labor, in conjunction
with the Secretary of Education, shall establish a process for
approving and may approve unified State plans that meet the
requirements of this section and are submitted to cover periods
commencing prior to the second full program year described in
paragraph (1)(A).

2ed6ba08750df3e2fe27c42697e6082b59d6ddc39c2eb87bb0c691aeb1c91582

(a) In General.--
(1) Authority to submit plan.--A State may develop and submit
to the appropriate Secretaries a combined State plan for the core
programs and 1 or more of the programs and activities described in
paragraph (2) in lieu of submitting 2 or more plans, for the
programs and activities and the core programs.
(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
(A) Career and technical education programs authorized
under the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.).
(B) Programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(D) Work programs authorized under section 6(o) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
(E) Activities authorized under chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title 38,
United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out by the
Department of Housing and Urban Development.
(J) Employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.).
(K) Programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).
(b) Requirements.--
(1) In general.--The portion of a combined plan covering the
core programs shall be subject to the requirements of section 102
(including section 102(c)(3)). The portion of such plan covering a
program or activity described in subsection (a)(2) shall be subject
to the requirements, if any, applicable to a plan or application
for assistance for that program or activity, under the Federal law
authorizing the program or activity. At the election of the State,
section 102(c)(3) may apply to that portion.
(2) Additional submission not required.--A State that submits a
combined plan that is approved under subsection (c) shall not be
required to submit any other plan or application in order to
receive Federal funds to carry out the core programs or the program
or activities described in subsection (a)(2) that are covered by
the combined plan.
(3) Coordination.--A combined plan shall include--
(A) a description of the methods used for joint planning
and coordination of the core programs and the other programs
and activities covered by the combined plan; and
(B) an assurance that the methods included an opportunity
for the entities responsible for planning or administering the
core programs and the other programs and activities to review
and comment on all portions of the combined plan.
(c) Approval by the Appropriate Secretaries.--
(1) Jurisdiction.--The appropriate Secretary shall have the
authority to approve the corresponding portion of a combined plan
as described in subsection (d). On the approval of the appropriate
Secretary, that portion of the combined plan, covering a program or
activity, shall be implemented by the State pursuant to that
portion of the combined plan, and the Federal law authorizing the
program or activity.
(2) Approval of core programs.--No portion of the plan relating
to a core program shall be implemented until the appropriate
Secretary approves the corresponding portions of the plan for all
core programs.
(3) Timing of approval.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), a portion of the combined State plan covering the core
programs or a program or activity described in subsection
(a)(2) shall be considered to be approved by the appropriate
Secretary at the end of the 90-day period beginning on the day
the plan is submitted.
(B) Plan approved by 3 or more appropriate secretaries.--If
an appropriate Secretary other than the Secretary of Labor or
the Secretary of Education has authority to approve a portion
of a combined plan, that portion of the combined plan shall be
considered to be approved by the appropriate Secretary at the
end of the 120-day period beginning on the day the plan is
submitted.
(C) Disapproval.--The portion shall not be considered to be
approved if the appropriate Secretary makes a written
determination, during the 90-day period (or the 120-day period,
for an appropriate Secretary covered by subparagraph (B)), that
the portion is not consistent with the requirements of the
Federal law authorizing or applicable to the program or
activity involved, including the criteria for approval of a
plan or application, if any, under such law, or the plan is not
consistent with the requirements of this section.
(4) Special rule.--In paragraph (3), the term ``criteria for
approval of a plan or application'', with respect to a State and a
core program or a program under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), includes
a requirement for agreement between the State and the appropriate
Secretaries regarding State performance measures or State
performance accountability measures, as the case may be, including
levels of performance.
(d) Appropriate Secretary.--In this section, the term ``appropriate
Secretary'' means--
(1) with respect to the portion of a combined plan relating to
any of the core programs (including a description, and an assurance
concerning that program, specified in subsection (b)(3)), the
Secretary of Labor and the Secretary of Education; and
(2) with respect to the portion of a combined plan relating to
a program or activity described in subsection (a)(2) (including a
description, and an assurance concerning that program or activity,
specified in subsection (b)(3)), the head of the Federal agency who
exercises plan or application approval authority for the program or
activity under the Federal law authorizing the program or activity,
or, if there are no planning or application requirements for such
program or activity, exercises administrative authority over the
program or activity under that Federal law.
CHAPTER 2--LOCAL PROVISIONS

654dd0d86fc44ff5c9a95fa068673a02847592e6d4b000153c695867c6a1b658

(a) Regions.--
(1) Identification.--Before the second full program year after
the date of enactment of this Act, in order for a State to receive
an allotment under section 127(b) or 132(b) and as part of the
process for developing the State plan, a State shall identify
regions in the State after consultation with the local boards and
chief elected officials in the local areas and consistent with the
considerations described in subsection (b)(1)(B).
(2) Types of regions.--For purposes of this Act, the State
shall identify--
(A) which regions are comprised of 1 local area that is
aligned with the region;
(B) which regions are comprised of 2 or more local areas
that are (collectively) aligned with the region (referred to as
planning regions, consistent with section 3); and
(C) which, of the regions described in subparagraph (B),
are interstate areas contained within 2 or more States, and
consist of labor market areas, economic development areas, or
other appropriate contiguous subareas of those States.
(b) Local Areas.--
(1) In general.--
(A) Process.--Except as provided in subsection (d), and
consistent with paragraphs (2) and (3), in order for a State to
receive an allotment under section 127(b) or 132(b), the
Governor of the State shall designate local workforce
development areas within the State--
(i) through consultation with the State board; and
(ii) after consultation with chief elected officials
and local boards, and after consideration of comments
received through the public comment process as described in
section 102(b)(2)(E)(iii)(II).
(B) Considerations.--The Governor shall designate local
areas (except for those local areas described in paragraphs (2)
and (3)) based on considerations consisting of the extent to
which the areas--
(i) are consistent with labor market areas in the
State;
(ii) are consistent with regional economic development
areas in the State; and
(iii) have available the Federal and non-Federal
resources necessary to effectively administer activities
under subtitle B and other applicable provisions of this
Act, including whether the areas have the appropriate
education and training providers, such as institutions of
higher education and area career and technical education
schools.
(2) Initial designation.--During the first 2 full program years
following the date of enactment of this Act, the Governor shall
approve a request for initial designation as a local area from any
area that was designated as a local area for purposes of the
Workforce Investment Act of 1998 for the 2-year period preceding
the date of enactment of this Act, performed successfully, and
sustained fiscal integrity.
(3) Subsequent designation.--After the period for which a local
area is initially designated under paragraph (2), the Governor
shall approve a request for subsequent designation as a local area
from such local area, if such area--
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning region, met
the requirements described in subsection (c)(1).
(4) Designation on recommendation of state board.--The Governor
may approve a request from any unit of general local government
(including a combination of such units) for designation of an area
as a local area if the State board determines, based on the
considerations described in paragraph (1)(B), and recommends to the
Governor, that such area should be so designated.
(5) Appeals.--A unit of general local government (including a
combination of such units) or grant recipient that requests but is
not granted designation of an area as a local area under paragraph
(2) or (3) may submit an appeal to the State board under an appeal
process established in the State plan. If the appeal does not
result in such a designation, the Secretary of Labor, after
receiving a request for review from the unit or grant recipient and
on determining that the unit or grant recipient was not accorded
procedural rights under the appeals process described in the State
plan, as specified in section 102(b)(2)(D)(i)(III), or that the
area meets the requirements of paragraph (2) or (3), may require
that the area be designated as a local area under such paragraph.
(6) Redesignation assistance.--On the request of all of the
local areas in a planning region, the State shall provide funding
from funds made available under sections 128(a) and 133(a)(1) to
assist the local areas in carrying out activities to facilitate the
redesignation of the local areas to a single local area.
(c) Regional Coordination.--
(1) Regional planning.--The local boards and chief elected
officials in each planning region described in subparagraph (B) or
(C) of subsection (a)(2) shall engage in a regional planning
process that results in--
(A) the preparation of a regional plan, as described in
paragraph (2);
(B) the establishment of regional service strategies,
including use of cooperative service delivery agreements;
(C) the development and implementation of sector
initiatives for in-demand industry sectors or occupations for
the region;
(D) the collection and analysis of regional labor market
data (in conjunction with the State);
(E) the establishment of administrative cost arrangements,
including the pooling of funds for administrative costs, as
appropriate, for the region;
(F) the coordination of transportation and other supportive
services, as appropriate, for the region;
(G) the coordination of services with regional economic
development services and providers; and
(H) the establishment of an agreement concerning how the
planning region will collectively negotiate and reach agreement
with Governor on local levels of performance for, and report
on, the performance accountability measures described in
section 116(c), for local areas or the planning region.
(2) Regional plans.--The State, after consultation with local
boards and chief elected officials for the planning regions, shall
require the local boards and chief elected officials within a
planning region to prepare, submit, and obtain approval of a single
regional plan that includes a description of the activities
described in paragraph (1) and that incorporates local plans for
each of the local areas in the planning region. The State shall
provide technical assistance and labor market data, as requested by
local areas, to assist with such regional planning and subsequent
service delivery efforts.
(3) References.--In this Act, and the core program provisions
that are not in this Act:
(A) Local area.--Except as provided in section 101(d)(9),
this section, paragraph (1)(B) or (4) of section 107(c), or
section 107(d)(12)(B), or in any text that provides an
accompanying provision specifically for a planning region, the
term ``local area'' in a provision includes a reference to a
planning region for purposes of implementation of that
provision by the corresponding local areas in the region.
(B) Local plan.--Except as provided in this subsection, the
term ``local plan'' includes a reference to the portion of a
regional plan developed with respect to the corresponding local
area within the region, and any regionwide provision of that
plan that impacts or relates to the local area.
(d) Single State Local Areas.--
(1) Continuation of previous designation.--The Governor of any
State that was a single State local area for purposes of title I of
the Workforce Investment Act of 1998, as in effect on July 1, 2013,
may designate the State as a single State local area for purposes
of this title. In the case of such designation, the Governor shall
identify the State as a local area in the State plan.
(2) Effect on local plan and local functions.--In any case in
which a State is designated as a local area pursuant to this
subsection, the local plan prepared under section 108 for the area
shall be submitted for approval as part of the State plan. In such
a State, the State board shall carry out the functions of a local
board, as specified in this Act or the provisions authorizing a
core program, but the State shall not be required to meet and
report on a set of local performance accountability measures.
(e) Definitions.--For purposes of this section:
(1) Performed successfully.--The term ``performed
successfully'', used with respect to a local area, means the local
area met or exceeded the adjusted levels of performance for primary
indicators of performance described in section 116(b)(2)(A) (or, if
applicable, core indicators of performance described in section
136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect
the day before the date of enactment of this Act) for each of the
last 2 consecutive years for which data are available preceding the
determination of performance under this paragraph.
(2) Sustained fiscal integrity.--The term ``sustained fiscal
integrity'', used with respect to a local area, means that the
Secretary has not made a formal determination, during either of the
last 2 consecutive years preceding the determination regarding such
integrity, that either the grant recipient or the administrative
entity of the area misexpended funds provided under subtitle B (or,
if applicable, title I of the Workforce Investment Act of 1998 as
in effect prior to the effective date of such subtitle B) due to
willful disregard of the requirements of the provision involved,
gross negligence, or failure to comply with accepted standards of
administration.

7e4c883f55486745eed2b343a941c30f9b6bf3a8fdd7e693a387702ed9408fa6

(a) Establishment.--Except as provided in subsection (c)(2)(A),
there shall be established, and certified by the Governor of the State,
a local workforce development board in each local area of a State to
carry out the functions described in subsection (d) (and any functions
specified for the local board under this Act or the provisions
establishing a core program) for such area.
(b) Membership.--
(1) State criteria.--The Governor, in partnership with the
State board, shall establish criteria for use by chief elected
officials in the local areas for appointment of members of the
local boards in such local areas in accordance with the
requirements of paragraph (2).
(2) Composition.--Such criteria shall require that, at a
minimum--
(A) a majority of the members of each local board shall be
representatives of business in the local area, who--
(i) are owners of businesses, chief executives or
operating officers of businesses, or other business
executives or employers with optimum policymaking or hiring
authority;
(ii) represent businesses, including small businesses,
or organizations representing businesses described in this
clause, that provide employment opportunities that, at a
minimum, include high-quality, work-relevant training and
development in in-demand industry sectors or occupations in
the local area; and
(iii) are appointed from among individuals nominated by
local business organizations and business trade
associations;
(B) not less than 20 percent of the members of each local
board shall be representatives of the workforce within the
local area, who--
(i) shall include representatives of labor
organizations (for a local area in which employees are
represented by labor organizations), who have been
nominated by local labor federations, or (for a local area
in which no employees are represented by such
organizations) other representatives of employees;
(ii) shall include a representative, who shall be a
member of a labor organization or a training director, from
a joint labor-management apprenticeship program, or if no
such joint program exists in the area, such a
representative of an apprenticeship program in the area, if
such a program exists;
(iii) may include representatives of community-based
organizations that have demonstrated experience and
expertise in addressing the employment needs of individuals
with barriers to employment, including organizations that
serve veterans or that provide or support competitive
integrated employment for individuals with disabilities;
and
(iv) may include representatives of organizations that
have demonstrated experience and expertise in addressing
the employment, training, or education needs of eligible
youth, including representatives of organizations that
serve out-of-school youth;
(C) each local board shall include representatives of
entities administering education and training activities in the
local area, who--
(i) shall include a representative of eligible
providers administering adult education and literacy
activities under title II;
(ii) shall include a representative of institutions of
higher education providing workforce investment activities
(including community colleges);
(iii) may include representatives of local educational
agencies, and of community-based organizations with
demonstrated experience and expertise in addressing the
education or training needs of individuals with barriers to
employment;
(D) each local board shall include representatives of
governmental and economic and community development entities
serving the local area, who--
(i) shall include a representative of economic and
community development entities;
(ii) shall include an appropriate representative from
the State employment service office under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) serving the local area;
(iii) shall include an appropriate representative of
the programs carried out under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741), serving the local area;
(iv) may include representatives of agencies or
entities administering programs serving the local area
relating to transportation, housing, and public assistance;
and
(v) may include representatives of philanthropic
organizations serving the local area; and
(E) each local board may include such other individuals or
representatives of entities as the chief elected official in
the local area may determine to be appropriate.
(3) Chairperson.--The members of the local board shall elect a
chairperson for the local board from among the representatives
described in paragraph (2)(A).
(4) Standing committees.--
(A) In general.--The local board may designate and direct
the activities of standing committees to provide information
and to assist the local board in carrying out activities under
this section. Such standing committees shall be chaired by a
member of the local board, may include other members of the
local board, and shall include other individuals appointed by
the local board who are not members of the local board and who
the local board determines have appropriate experience and
expertise. At a minimum, the local board may designate each of
the following:
(i) A standing committee to provide information and
assist with operational and other issues relating to the
one-stop delivery system, which may include as members
representatives of the one-stop partners.
(ii) A standing committee to provide information and to
assist with planning, operational, and other issues
relating to the provision of services to youth, which shall
include community-based organizations with a demonstrated
record of success in serving eligible youth.
(iii) A standing committee to provide information and
to assist with operational and other issues relating to the
provision of services to individuals with disabilities,
including issues relating to compliance with section 188,
if applicable, and applicable provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
regarding providing programmatic and physical access to the
services, programs, and activities of the one-stop delivery
system, as well as appropriate training for staff on
providing supports for or accommodations to, and finding
employment opportunities for, individuals with
disabilities.
(B) Additional committees.--The local board may designate
standing committees in addition to the standing committees
specified in subparagraph (A).
(C) Designation of entity.--Nothing in this paragraph shall
be construed to prohibit the designation of an existing (as of
the date of enactment of this Act) entity, such as an effective
youth council, to fulfill the requirements of this paragraph as
long as the entity meets the requirements of this paragraph.
(5) Authority of board members.--Members of the board that
represent organizations, agencies, or other entities shall be
individuals with optimum policymaking authority within the
organizations, agencies, or entities. The members of the board
shall represent diverse geographic areas within the local area.
(6) Special rule.--If there are multiple eligible providers
serving the local area by administering adult education and
literacy activities under title II, or multiple institutions of
higher education serving the local area by providing workforce
investment activities, each representative on the local board
described in clause (i) or (ii) of paragraph (2)(C), respectively,
shall be appointed from among individuals nominated by local
providers representing such providers or institutions,
respectively.
(c) Appointment and Certification of Board.--
(1) Appointment of board members and assignment of
responsibilities.--
(A) In general.--The chief elected official in a local area
is authorized to appoint the members of the local board for
such area, in accordance with the State criteria established
under subsection (b).
(B) Multiple units of local government in area.--
(i) In general.--In a case in which a local area
includes more than 1 unit of general local government, the
chief elected officials of such units may execute an
agreement that specifies the respective roles of the
individual chief elected officials--
(I) in the appointment of the members of the local
board from the individuals nominated or recommended to
be such members in accordance with the criteria
established under subsection (b); and
(II) in carrying out any other responsibilities
assigned to such officials under this title.
(ii) Lack of agreement.--If, after a reasonable effort,
the chief elected officials are unable to reach agreement
as provided under clause (i), the Governor may appoint the
members of the local board from individuals so nominated or
recommended.
(C) Concentrated employment programs.--In the case of an
area that was designated as a local area in accordance with
section 116(a)(2)(B) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this
Act), and that remains a local area on that date, the governing
body of the concentrated employment program involved shall act
in consultation with the chief elected official in the local
area to appoint members of the local board, in accordance with
the State criteria established under subsection (b), and to
carry out any other responsibility relating to workforce
investment activities assigned to such official under this Act.
(2) Certification.--
(A) In general.--The Governor shall, once every 2 years,
certify 1 local board for each local area in the State.
(B) Criteria.--Such certification shall be based on
criteria established under subsection (b), and for a second or
subsequent certification, the extent to which the local board
has ensured that workforce investment activities carried out in
the local area have enabled the local area to meet the
corresponding performance accountability measures and achieve
sustained fiscal integrity, as defined in section 106(e)(2).
(C) Failure to achieve certification.--Failure of a local
board to achieve certification shall result in appointment and
certification of a new local board for the local area pursuant
to the process described in paragraph (1) and this paragraph.
(3) Decertification.--
(A) Fraud, abuse, failure to carry out functions.--
Notwithstanding paragraph (2), the Governor shall have the
authority to decertify a local board at any time after
providing notice and an opportunity for comment, for--
(i) fraud or abuse; or
(ii) failure to carry out the functions specified for
the local board in subsection (d).
(B) Nonperformance.--Notwithstanding paragraph (2), the
Governor may decertify a local board if a local area fails to
meet the local performance accountability measures for such
local area in accordance with section 116(c) for 2 consecutive
program years.
(C) Reorganization plan.--If the Governor decertifies a
local board for a local area under subparagraph (A) or (B), the
Governor may require that a new local board be appointed and
certified for the local area pursuant to a reorganization plan
developed by the Governor, in consultation with the chief
elected official in the local area and in accordance with the
criteria established under subsection (b).
(4) Single state local area.--
(A) State board.--Notwithstanding subsection (b) and
paragraphs (1) and (2), if a State described in section 106(d)
indicates in the State plan that the State will be treated as a
single State local area, for purposes of the application of
this Act or the provisions authorizing a core program, the
State board shall carry out any of the functions of a local
board under this Act or the provisions authorizing a core
program, including the functions described in subsection (d).
(B) References.--
(i) In general.--Except as provided in clauses (ii) and
(iii), with respect to such a State, a reference in this
Act or a core program provision to a local board shall be
considered to be a reference to the State board, and a
reference in the Act or provision to a local area or region
shall be considered to be a reference to the State.
(ii) Plans.--The State board shall prepare a local plan
under section 108 for the State, and submit the plan for
approval as part of the State plan.
(iii) Performance accountability measures.--The State
shall not be required to meet and report on a set of local
performance accountability measures.
(d) Functions of Local Board.--Consistent with section 108, the
functions of the local board shall include the following:
(1) Local plan.--The local board, in partnership with the chief
elected official for the local area involved, shall develop and
submit a local plan to the Governor that meets the requirements in

6a60d2c207b10584dd8ff602828c1c1f082dc0a5f60892150598cecd28fb1465

includes other local areas, the local board shall collaborate with
the other local boards and chief elected officials from such other
local areas in the preparation and submission of a regional plan as
described in section 106(c)(2).
(2) Workforce research and regional labor market analysis.--In
order to assist in the development and implementation of the local
plan, the local board shall--
(A) carry out analyses of the economic conditions in the
region, the needed knowledge and skills for the region, the
workforce in the region, and workforce development activities
(including education and training) in the region described in
section 108(b)(1)(D), and regularly update such information;
(B) assist the Governor in developing the statewide
workforce and labor market information system described in
section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)),
specifically in the collection, analysis, and utilization of
workforce and labor market information for the region; and
(C) conduct such other research, data collection, and
analysis related to the workforce needs of the regional economy
as the board, after receiving input from a wide array of
stakeholders, determines to be necessary to carry out its
functions.
(3) Convening, brokering, leveraging.--The local board shall
convene local workforce development system stakeholders to assist
in the development of the local plan under section 108 and in
identifying non-Federal expertise and resources to leverage support
for workforce development activities. The local board, including
standing committees, may engage such stakeholders in carrying out
the functions described in this subsection.
(4) Employer engagement.--The local board shall lead efforts to
engage with a diverse range of employers and with entities in the
region involved--
(A) to promote business representation (particularly
representatives with optimal policymaking or hiring authority
from employers whose employment opportunities reflect existing
and emerging employment opportunities in the region) on the
local board;
(B) to develop effective linkages (including the use of
intermediaries) with employers in the region to support
employer utilization of the local workforce development system
and to support local workforce investment activities;
(C) to ensure that workforce investment activities meet the
needs of employers and support economic growth in the region,
by enhancing communication, coordination, and collaboration
among employers, economic development entities, and service
providers; and
(D) to develop and implement proven or promising strategies
for meeting the employment and skill needs of workers and
employers (such as the establishment of industry and sector
partnerships), that provide the skilled workforce needed by
employers in the region, and that expand employment and career
advancement opportunities for workforce development system
participants in in-demand industry sectors or occupations.
(5) Career pathways development.--The local board, with
representatives of secondary and postsecondary education programs,
shall lead efforts in the local area to develop and implement
career pathways within the local area by aligning the employment,
training, education, and supportive services that are needed by
adults and youth, particularly individuals with barriers to
employment.
(6) Proven and promising practices.--The local board shall lead
efforts in the local area to--
(A) identify and promote proven and promising strategies
and initiatives for meeting the needs of employers, and workers
and jobseekers (including individuals with barriers to
employment) in the local workforce development system,
including providing physical and programmatic accessibility, in
accordance with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), to the one-stop delivery system; and
(B) identify and disseminate information on proven and
promising practices carried out in other local areas for
meeting such needs.
(7) Technology.--The local board shall develop strategies for
using technology to maximize the accessibility and effectiveness of
the local workforce development system for employers, and workers
and jobseekers, by--
(A) facilitating connections among the intake and case
management information systems of the one-stop partner programs
to support a comprehensive workforce development system in the
local area;
(B) facilitating access to services provided through the
one-stop delivery system involved, including facilitating the
access in remote areas;
(C) identifying strategies for better meeting the needs of
individuals with barriers to employment, including strategies
that augment traditional service delivery, and increase access
to services and programs of the one-stop delivery system, such
as improving digital literacy skills; and
(D) leveraging resources and capacity within the local
workforce development system, including resources and capacity
for services for individuals with barriers to employment.
(8) Program oversight.--The local board, in partnership with
the chief elected official for the local area, shall--
(A)(i) conduct oversight for local youth workforce
investment activities authorized under section 129(c), local
employment and training activities authorized under subsections
(c) and (d) of section 134, and the one-stop delivery system in
the local area; and
(ii) ensure the appropriate use and management of the funds
provided under subtitle B for the activities and system
described in clause (i); and
(B) for workforce development activities, ensure the
appropriate use, management, and investment of funds to
maximize performance outcomes under section 116.
(9) Negotiation of local performance accountability measures.--
The local board, the chief elected official, and the Governor shall
negotiate and reach agreement on local performance accountability
measures as described in section 116(c).
(10) Selection of operators and providers.--
(A) Selection of one-stop operators.--Consistent with
section 121(d), the local board, with the agreement of the
chief elected official for the local area--
(i) shall designate or certify one-stop operators as
described in section 121(d)(2)(A); and
(ii) may terminate for cause the eligibility of such
operators.
(B) Selection of youth providers.--Consistent with section
123, the local board--
(i) shall identify eligible providers of youth
workforce investment activities in the local area by
awarding grants or contracts on a competitive basis (except
as provided in section 123(b)), based on the
recommendations of the youth standing committee, if such a
committee is established for the local area under
subsection (b)(4); and
(ii) may terminate for cause the eligibility of such
providers.
(C) Identification of eligible providers of training
services.--Consistent with section 122, the local board shall
identify eligible providers of training services in the local
area.
(D) Identification of eligible providers of career
services.--If the one-stop operator does not provide career
services described in section 134(c)(2) in a local area, the
local board shall identify eligible providers of those career
services in the local area by awarding contracts.
(E) Consumer choice requirements.--Consistent with section
122 and paragraphs (2) and (3) of section 134(c), the local
board shall work with the State to ensure there are sufficient
numbers and types of providers of career services and training
services (including eligible providers with expertise in
assisting individuals with disabilities and eligible providers
with expertise in assisting adults in need of adult education
and literacy activities) serving the local area and providing
the services involved in a manner that maximizes consumer
choice, as well as providing opportunities that lead to
competitive integrated employment for individuals with
disabilities.
(11) Coordination with education providers.--
(A) In general.--The local board shall coordinate
activities with education and training providers in the local
area, including providers of workforce investment activities,
providers of adult education and literacy activities under
title II, providers of career and technical education (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)) and local
agencies administering plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than
section 112 or part C of that title (29 U.S.C. 732, 741).
(B) Applications and agreements.--The coordination
described in subparagraph (A) shall include--
(i) consistent with section 232--
(I) reviewing the applications to provide adult
education and literacy activities under title II for
the local area, submitted under such section to the
eligible agency by eligible providers, to determine
whether such applications are consistent with the local
plan; and
(II) making recommendations to the eligible agency
to promote alignment with such plan; and
(ii) replicating cooperative agreements in accordance
with subparagraph (B) of section 101(a)(11) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)), and
implementing cooperative agreements in accordance with that
section with the local agencies administering plans under
title I of that Act (29 U.S.C. 720 et seq.) (other than
section 112 or part C of that title (29 U.S.C. 732, 741)
and subject to section 121(f)), with respect to efforts
that will enhance the provision of services to individuals
with disabilities and other individuals, such as cross
training of staff, technical assistance, use and sharing of
information, cooperative efforts with employers, and other
efforts at cooperation, collaboration, and coordination.
(C) Cooperative agreement.--In this paragraph, the term
``cooperative agreement'' means an agreement entered into by a
State designated agency or State designated unit under
subparagraph (A) of section 101(a)(11) of the Rehabilitation
Act of 1973.
(12) Budget and administration.--
(A) Budget.--The local board shall develop a budget for the
activities of the local board in the local area, consistent
with the local plan and the duties of the local board under
this section, subject to the approval of the chief elected
official.
(B) Administration.--
(i) Grant recipient.--
(I) In general.--The chief elected official in a
local area shall serve as the local grant recipient
for, and shall be liable for any misuse of, the grant
funds allocated to the local area under sections 128
and 133, unless the chief elected official reaches an
agreement with the Governor for the Governor to act as
the local grant recipient and bear such liability.
(II) Designation.--In order to assist in
administration of the grant funds, the chief elected
official or the Governor, where the Governor serves as
the local grant recipient for a local area, may
designate an entity to serve as a local grant
subrecipient for such funds or as a local fiscal agent.
Such designation shall not relieve the chief elected
official or the Governor of the liability for any
misuse of grant funds as described in subclause (I).
(III) Disbursal.--The local grant recipient or an
entity designated under subclause (II) shall disburse
the grant funds for workforce investment activities at
the direction of the local board, pursuant to the
requirements of this title. The local grant recipient
or entity designated under subclause (II) shall
disburse the funds immediately on receiving such
direction from the local board.
(ii) Grants and donations.--The local board may solicit
and accept grants and donations from sources other than
Federal funds made available under this Act.
(iii) Tax-exempt status.--For purposes of carrying out
duties under this Act, local boards may incorporate, and
may operate as entities described in section 501(c)(3) of
the Internal Revenue Code of 1986 that are exempt from
taxation under section 501(a) of such Code.
(13) Accessibility for individuals with disabilities.--The
local board shall annually assess the physical and programmatic
accessibility, in accordance with section 188, if applicable, and
applicable provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), of all one-stop centers in the
local area.
(e) Sunshine Provision.--The local board shall make available to
the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the local board,
including information regarding the local plan prior to submission of
the plan, and regarding membership, the designation and certification
of one-stop operators, and the award of grants or contracts to eligible
providers of youth workforce investment activities, and on request,
minutes of formal meetings of the local board.
(f) Staff.--
(1) In general.--The local board may hire a director and other
staff to assist in carrying out the functions described in
subsection (d) using funds available under sections 128(b) and
133(b) as described in section 128(b)(4).
(2) Qualifications.--The local board shall establish and apply
a set of objective qualifications for the position of director,
that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks and
to assist in effectively carrying out the functions of the local
board.
(3) Limitation on rate.--The director and staff described in
paragraph (1) shall be subject to the limitations on the payment of
salaries and bonuses described in section 194(15).
(g) Limitations.--
(1) Training services.--
(A) In general.--Except as provided in subparagraph (B), no
local board may provide training services.
(B) Waivers of training prohibition.--The Governor of the
State in which a local board is located may, pursuant to a
request from the local board, grant a written waiver of the
prohibition set forth in subparagraph (A) (relating to the
provision of training services) for a program of training
services, if the local board--
(i) submits to the Governor a proposed request for the
waiver that includes--
(I) satisfactory evidence that there is an
insufficient number of eligible providers of such a
program of training services to meet local demand in
the local area;
(II) information demonstrating that the board meets
the requirements for an eligible provider of training
services under section 122; and
(III) information demonstrating that the program of
training services prepares participants for an in-
demand industry sector or occupation in the local area;
(ii) makes the proposed request available to eligible
providers of training services and other interested members
of the public for a public comment period of not less than
30 days; and
(iii) includes, in the final request for the waiver,
the evidence and information described in clause (i) and
the comments received pursuant to clause (ii).
(C) Duration.--A waiver granted to a local board under
subparagraph (B) shall apply for a period that shall not exceed
the duration of the local plan. The waiver may be renewed for
additional periods under subsequent local plans, not to exceed
the durations of such subsequent plans, pursuant to requests
from the local board, if the board meets the requirements of
subparagraph (B) in making the requests.
(D) Revocation.--The Governor shall have the authority to
revoke the waiver during the appropriate period described in
subparagraph (C) if the Governor determines the waiver is no
longer needed or that the local board involved has engaged in a
pattern of inappropriate referrals to training services
operated by the local board.
(2) Career services; designation or certification as one-stop
operators.--A local board may provide career services described in
section 134(c)(2) through a one-stop delivery system or be
designated or certified as a one-stop operator only with the
agreement of the chief elected official in the local area and the
Governor.
(3) Limitation on authority.--Nothing in this Act shall be
construed to provide a local board with the authority to mandate
curricula for schools.
(h) Conflict of Interest.--A member of a local board, or a member
of a standing committee, may not--
(1) vote on a matter under consideration by the local board--
(A) regarding the provision of services by such member (or
by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor to
constitute a conflict of interest as specified in the State plan.
(i) Alternative Entity.--
(1) In general.--For purposes of complying with subsections
(a), (b), and (c), a State may use any local entity (including a
local council, regional workforce development board, or similar
entity) that--
(A) is established to serve the local area (or the service
delivery area that most closely corresponds to the local area);
(B) was in existence on the day before the date of
enactment of this Act, pursuant to State law; and
(C) includes--
(i) representatives of business in the local area; and
(ii)(I) representatives of labor organizations (for a
local area in which employees are represented by labor
organizations), nominated by local labor federations; or
(II) other representatives of employees in the local
area (for a local area in which no employees are
represented by such organizations).
(2) References.--A reference in this Act or a core program
provision to a local board, shall include a reference to such an
entity.

634a9957481bc67928890d81e3213079bf290b1c9bf5f2305b3c549fefef426f

(a) In General.--Each local board shall develop and submit to the
Governor a comprehensive 4-year local plan, in partnership with the
chief elected official. The local plan shall support the strategy
described in the State plan in accordance with section 102(b)(1)(E),
and otherwise be consistent with the State plan. If the local area is
part of a planning region, the local board shall comply with section
106(c) in the preparation and submission of a regional plan. At the end
of the first 2-year period of the 4-year local plan, each local board
shall review the local plan and the local board, in partnership with
the chief elected official, shall prepare and submit modifications to
the local plan to reflect changes in labor market and economic
conditions or in other factors affecting the implementation of the
local plan.
(b) Contents.--The local plan shall include--
(1) a description of the strategic planning elements consisting
of--
(A) an analysis of the regional economic conditions
including--
(i) existing and emerging in-demand industry sectors
and occupations; and
(ii) the employment needs of employers in those
industry sectors and occupations;
(B) an analysis of the knowledge and skills needed to meet
the employment needs of the employers in the region, including
employment needs in in-demand industry sectors and occupations;
(C) an analysis of the workforce in the region, including
current labor force employment (and unemployment) data, and
information on labor market trends, and the educational and
skill levels of the workforce in the region, including
individuals with barriers to employment;
(D) an analysis of the workforce development activities
(including education and training) in the region, including an
analysis of the strengths and weaknesses of such services, and
the capacity to provide such services, to address the
identified education and skill needs of the workforce and the
employment needs of employers in the region;
(E) a description of the local board's strategic vision and
goals for preparing an educated and skilled workforce
(including youth and individuals with barriers to employment),
including goals relating to the performance accountability
measures based on primary indicators of performance described
in section 116(b)(2)(A) in order to support regional economic
growth and economic self-sufficiency; and
(F) taking into account analyses described in subparagraphs
(A) through (D), a strategy to work with the entities that
carry out the core programs to align resources available to the
local area, to achieve the strategic vision and goals described
in subparagraph (E);
(2) a description of the workforce development system in the
local area that identifies the programs that are included in that
system and how the local board will work with the entities carrying
out core programs and other workforce development programs to
support alignment to provide services, including programs of study
authorized under the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), that support the strategy
identified in the State plan under section 102(b)(1)(E);
(3) a description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for
eligible individuals, particularly eligible individuals with
barriers to employment, including how the local board will
facilitate the development of career pathways and co-enrollment, as
appropriate, in core programs, and improve access to activities
leading to a recognized postsecondary credential (including a
credential that is an industry-recognized certificate or
certification, portable, and stackable);
(4) a description of the strategies and services that will be
used in the local area--
(A) in order to--
(i) facilitate engagement of employers, including small
employers and employers in in-demand industry sectors and
occupations, in workforce development programs;
(ii) support a local workforce development system that
meets the needs of businesses in the local area;
(iii) better coordinate workforce development programs
and economic development; and
(iv) strengthen linkages between the one-stop delivery
system and unemployment insurance programs; and
(B) that may include the implementation of initiatives such
as incumbent worker training programs, on-the-job training
programs, customized training programs, industry and sector
strategies, career pathways initiatives, utilization of
effective business intermediaries, and other business services
and strategies, designed to meet the needs of employers in the
corresponding region in support of the strategy described in
paragraph (1)(F);
(5) a description of how the local board will coordinate
workforce investment activities carried out in the local area with
economic development activities carried out in the region in which
the local area is located (or planning region), and promote
entrepreneurial skills training and microenterprise services;
(6) a description of the one-stop delivery system in the local
area, including--
(A) a description of how the local board will ensure the
continuous improvement of eligible providers of services
through the system and ensure that such providers meet the
employment needs of local employers, and workers and
jobseekers;
(B) a description of how the local board will facilitate
access to services provided through the one-stop delivery
system, including in remote areas, through the use of
technology and through other means;
(C) a description of how entities within the one-stop
delivery system, including one-stop operators and the one-stop
partners, will comply with section 188, if applicable, and
applicable provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) regarding the physical and
programmatic accessibility of facilities, programs and
services, technology, and materials for individuals with
disabilities, including providing staff training and support
for addressing the needs of individuals with disabilities; and
(D) a description of the roles and resource contributions
of the one-stop partners;
(7) a description and assessment of the type and availability
of adult and dislocated worker employment and training activities
in the local area;
(8) a description of how the local board will coordinate
workforce investment activities carried out in the local area with
statewide rapid response activities, as described in section
134(a)(2)(A);
(9) a description and assessment of the type and availability
of youth workforce investment activities in the local area,
including activities for youth who are individuals with
disabilities, which description and assessment shall include an
identification of successful models of such youth workforce
investment activities;
(10) a description of how the local board will coordinate
education and workforce investment activities carried out in the
local area with relevant secondary and postsecondary education
programs and activities to coordinate strategies, enhance services,
and avoid duplication of services;
(11) a description of how the local board will coordinate
workforce investment activities carried out under this title in the
local area with the provision of transportation, including public
transportation, and other appropriate supportive services in the
local area;
(12) a description of plans and strategies for, and assurances
concerning, maximizing coordination of services provided by the
State employment service under the Wagner-Peyser Act (29 U.S.C. 49
et seq.) and services provided in the local area through the one-
stop delivery system, to improve service delivery and avoid
duplication of services;
(13) a description of how the local board will coordinate
workforce investment activities carried out under this title in the
local area with the provision of adult education and literacy
activities under title II in the local area, including a
description of how the local board will carry out, consistent with
subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232,
the review of local applications submitted under title II;
(14) a description of the replicated cooperative agreements (as
defined in section 107(d)(11)) between the local board or other
local entities described in section 101(a)(11)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the local
office of a designated State agency or designated State unit
administering programs carried out under title I of such Act (29
U.S.C. 720 et seq.) (other than section 112 or part C of that title
(29 U.S.C. 732, 741) and subject to section 121(f)) in accordance
with section 101(a)(11) of such Act (29 U.S.C. 721(a)(11)) with
respect to efforts that will enhance the provision of services to
individuals with disabilities and to other individuals, such as
cross training of staff, technical assistance, use and sharing of
information, cooperative efforts with employers, and other efforts
at cooperation, collaboration, and coordination;
(15) an identification of the entity responsible for the
disbursal of grant funds described in section
107(d)(12)(B)(i)(III), as determined by the chief elected official
or the Governor under section 107(d)(12)(B)(i);
(16) a description of the competitive process to be used to
award the subgrants and contracts in the local area for activities
carried out under this title;
(17) a description of the local levels of performance
negotiated with the Governor and chief elected official pursuant to
section 116(c), to be used to measure the performance of the local
area and to be used by the local board for measuring the
performance of the local fiscal agent (where appropriate), eligible
providers under subtitle B, and the one-stop delivery system, in
the local area;
(18) a description of the actions the local board will take
toward becoming or remaining a high-performing board, consistent
with the factors developed by the State board pursuant to section
101(d)(6);
(19) a description of how training services under chapter 3 of
subtitle B will be provided in accordance with section
134(c)(3)(G), including, if contracts for the training services
will be used, how the use of such contracts will be coordinated
with the use of individual training accounts under that chapter and
how the local board will ensure informed customer choice in the
selection of training programs regardless of how the training
services are to be provided;
(20) a description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for
public comment, including comment by representatives of businesses
and comment by representatives of labor organizations, and input
into the development of the local plan, prior to submission of the
plan;
(21) a description of how one-stop centers are implementing and
transitioning to an integrated, technology-enabled intake and case
management information system for programs carried out under this
Act and programs carried out by one-stop partners; and
(22) such other information as the Governor may require.
(c) Existing Analysis.--As appropriate, a local area may use an
existing analysis in order to carry out the requirements of subsection
(b)(1) concerning an analysis.
(d) Process.--Prior to the date on which the local board submits a
local plan under this section, the local board shall--
(1) make available copies of a proposed local plan to the
public through electronic and other means, such as public hearings
and local news media;
(2) allow members of the public, including representatives of
business, representatives of labor organizations, and
representatives of education to submit to the local board comments
on the proposed local plan, not later than the end of the 30-day
period beginning on the date on which the proposed local plan is
made available; and
(3) include with the local plan submitted to the Governor under
this section any such comments that represent disagreement with the
plan.
(e) Plan Submission and Approval.--A local plan submitted to the
Governor under this section (including a modification to such a local
plan) shall be considered to be approved by the Governor at the end of
the 90-day period beginning on the day the Governor receives the plan
(including such a modification), unless the Governor makes a written
determination during the 90-day period that--
(1) deficiencies in activities carried out under this subtitle
or subtitle B have been identified, through audits conducted under
section 184 or otherwise, and the local area has not made
acceptable progress in implementing corrective measures to address
the deficiencies;
(2) the plan does not comply with the applicable provisions of
this Act; or
(3) the plan does not align with the State plan, including
failing to provide for alignment of the core programs to support
the strategy identified in the State plan in accordance with
section 102(b)(1)(E).
CHAPTER 3--BOARD PROVISIONS

c8825d5565ae7399aae3d8a3c612173a25fc542a10f79c3260c29a65835942c1

(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

10a39c6046404e693162ff622b77e2ef65d70cc75c0109ed7a7ca81a9367ecd9

2ac4f247233f365b5ae94739e511a4b879769e810557480bea7f611972b25ad8

233740f737d7108d3eaa49a1886797128b0b83c9dbeb904c8b1654ee706067de

SERVICES.
(a) Eligibility.--
(1) In general.--Except as provided in subsection (h), the
Governor, after consultation with the State board, shall establish
criteria, information requirements, and procedures regarding the
eligibility of providers of training services to receive funds
provided under section 133(b) for the provision of training
services in local areas in the State.
(2) Providers.--Subject to the provisions of this section, to
be eligible to receive those funds for the provision of training
services, the provider shall be--
(A) an institution of higher education that provides a
program that leads to a recognized postsecondary credential;
(B) an entity that carries out programs registered under
the Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.); or
(C) another public or private provider of a program of
training services, which may include joint labor-management
organizations, and eligible providers of adult education and
literacy activities under title II if such activities are
provided in combination with occupational skills training.
(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall comply
with the criteria, information requirements, and procedures
established under this section to be included on the list of
eligible providers of training services described in subsection
(d). A provider described in paragraph (2)(B) shall be included and
maintained on the list of eligible providers of training services
described in subsection (d) for so long as the corresponding
program of the provider remains registered as described in
paragraph (2)(B).
(b) Criteria and Information Requirements.--
(1) State criteria.--In establishing criteria pursuant to
subsection (a), the Governor shall take into account each of the
following:
(A) The performance of providers of training services with
respect to--
(i) the performance accountability measures and other
matters for which information is required under paragraph
(2); and
(ii) other appropriate measures of performance outcomes
determined by the Governor for those participants receiving
training services under this subtitle (taking into
consideration the characteristics of the population served
and relevant economic conditions), and the outcomes of the
program through which those training services were provided
for students in general with respect to employment and
earnings as defined under section 116(b)(2).
(B) The need to ensure access to training services
throughout the State, including in rural areas, and through the
use of technology.
(C) Information reported to State agencies with respect to
Federal and State programs involving training services (other
than the program carried out under this subtitle), including
one-stop partner programs.
(D) The degree to which the training programs of such
providers relate to in-demand industry sectors and occupations
in the State.
(E) The requirements for State licensing of providers of
training services, and the licensing status of providers of
training services if applicable.
(F) Ways in which the criteria can encourage, to the extent
practicable, the providers to use industry-recognized
certificates or certifications.
(G) The ability of the providers to offer programs that
lead to recognized postsecondary credentials.
(H) The quality of a program of training services,
including a program of training services that leads to a
recognized postsecondary credential.
(I) The ability of the providers to provide training
services to individuals who are employed and individuals with
barriers to employment.
(J) Such other factors as the Governor determines are
appropriate to ensure--
(i) the accountability of the providers;
(ii) that the one-stop centers in the State will ensure
that such providers meet the needs of local employers and
participants;
(iii) the informed choice of participants among
training services providers; and
(iv) that the collection of information required to
demonstrate compliance with the criteria is not unduly
burdensome or costly to providers.
(2) State information requirements.--The information
requirements established by the Governor shall require that a
provider of training services submit appropriate, accurate, and
timely information to the State, to enable the State to carry out
subsection (d), with respect to participants receiving training
services under this subtitle in the applicable program, including--
(A) information on the performance of the provider with
respect to the performance accountability measures described in
section 116 for such participants (taking into consideration
the characteristics of the population served and relevant
economic conditions), and information specifying the percentage
of such participants who entered unsubsidized employment in an
occupation related to the program, to the extent practicable;
(B) information on recognized postsecondary credentials
received by such participants;
(C) information on cost of attendance, including costs of
tuition and fees, for participants in the program;
(D) information on the program completion rate for such
participants; and
(E) information on the criteria described in paragraph (1).
(3) Local criteria and information requirements.--A local board
in the State may establish criteria and information requirements in
addition to the criteria and information requirements established
by the Governor, or may require higher levels of performance than
required for the criteria established by the Governor, for purposes
of determining the eligibility of providers of training services to
receive funds described in subsection (a) for the provision of
training services in the local area involved.
(4) Criteria and information requirements to establish initial
eligibility.--
(A) Purpose.--The purpose of this paragraph is to enable
the providers of programs carried out under chapter 3 to offer
the highest quality training services and be responsive to in-
demand and emerging industries by providing training services
for those industries.
(B) Initial eligibility.--Providers may seek initial
eligibility under this paragraph as providers of training
services and may receive that initial eligibility for only 1
fiscal year for a particular program. The criteria and
information requirements established by the Governor under this
paragraph shall require that a provider who has not previously
been an eligible provider of training services under this
section (or section 122 of the Workforce Investment Act of
1998, as in effect on the day before the date of enactment of
this Act) provide the information described in subparagraph
(C).
(C) Information.--The provider shall provide verifiable
program-specific performance information based on criteria
established by the State as described in subparagraph (D) that
supports the provider's ability to serve participants under
this subtitle.
(D) Criteria.--The criteria described in subparagraph (C)
shall include at least--
(i) a factor related to indicators described in section
116;
(ii) a factor concerning whether the provider is in a
partnership with business;
(iii) other factors that indicate high-quality training
services, including the factor described in paragraph
(1)(H); and
(iv) a factor concerning alignment of the training
services with in-demand industry sectors and occupations,
to the extent practicable.
(E) Provision.--The provider shall provide the information
described in subparagraph (C) to the Governor and the local
board in a manner that will permit the Governor and the local
board to make a decision on inclusion of the provider on the
list of eligible providers described in subsection (d).
(F) Limitation.--A provider that receives initial
eligibility under this paragraph for a program shall be subject
to the requirements under subsection (c) for that program after
such initial eligibility expires.
(c) Procedures.--
(1) Application procedures.--The procedures established under
subsection (a) shall identify the application process for a
provider of training services to become eligible to receive funds
provided under section 133(b) for the provision of training
services. The procedures shall identify the respective roles of the
State and local areas in receiving and reviewing the applications
and in making determinations of such eligibility based on the
criteria, information, and procedures established under this
section. The procedures shall also establish a process for a
provider of training services to appeal a denial or termination of
eligibility under this section that includes an opportunity for a
hearing and prescribes appropriate time limits to ensure prompt
resolution of the appeal.
(2) Renewal procedures.--The procedures established by the
Governor shall also provide for biennial review and renewal of
eligibility under this section for providers of training services.
(d) List and Information to Assist Participants in Choosing
Providers.--
(1) In general.--In order to facilitate and assist participants
in choosing employment and training activities and in choosing
providers of training services, the Governor shall ensure that an
appropriate list of providers determined to be eligible under this
section to offer a program in the State (and, as appropriate, in a
local area), accompanied by information identifying the recognized
postsecondary credential offered by the provider and other
appropriate information, is prepared. The list shall be provided to
the local boards in the State, and made available to such
participants and to members of the public through the one-stop
delivery system in the State.
(2) Accompanying information.--The accompanying information
shall--
(A) with respect to providers described in subparagraphs
(A) and (C) of subsection (a)(2), consist of information
provided by such providers, disaggregated by local areas
served, as applicable, in accordance with subsection (b);
(B) with respect to providers described in subsection
(b)(4), consist of information provided by such providers in
accordance with subsection (b)(4); and
(C) such other information as the Governor determines to be
appropriate.
(3) Availability.--The list and the accompanying information
shall be made available to such participants and to members of the
public through the one-stop delivery system in the State, in a
manner that does not reveal personally identifiable information
about an individual participant.
(4) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including a Social Security number, student identification
number, or other identifier, may be disclosed without the prior
written consent of the parent or student in compliance with section
444 of the General Education Provisions Act (20 U.S.C. 1232g).
(e) Opportunity to Submit Comments.--In establishing, under this
section, criteria, information requirements, procedures, and the list
of eligible providers described in subsection (d), the Governor shall
provide an opportunity for interested members of the public to make
recommendations and submit comments regarding such criteria,
information requirements, procedures, and list.
(f) Enforcement.--
(1) In general.--The procedures established under this section
shall provide the following:
(A) Intentionally supplying inaccurate information.--Upon a
determination, by an individual or entity specified in the
procedures, that a provider of training services, or individual
providing information on behalf of the provider, violated this
section (or section 122 of the Workforce Investment Act of
1998, as in effect on the day before the date of enactment of
this Act) by intentionally supplying inaccurate information
under this section, the eligibility of such provider to receive
funds under chapter 3 shall be terminated for a period of time
that is not less than 2 years.
(B) Substantial violations.--Upon a determination, by an
individual or entity specified in the procedures, that a
provider of training services substantially violated any
requirement under this title (or title I of the Workforce
Investment Act of 1998, as in effect on the day before such
date of enactment), the eligibility of such provider to receive
funds under chapter 3 for the program involved shall be
terminated for a period of not less than 2 years.
(C) Repayment.--A provider of training services whose
eligibility is terminated under subparagraph (A) or (B) shall
be liable for the repayment of funds received under chapter 5
of subtitle B of title I of the Workforce Investment Act of
1998, as in effect on the day before such date of enactment, or
chapter 3 of this subtitle during a period of violation
described in such subparagraph.
(2) Construction.--Paragraph (1) shall be construed to provide
remedies and penalties that supplement, but shall not supplant,
civil and criminal remedies and penalties specified in other
provisions of law.
(g) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible providers of
training services to accept individual training accounts provided in
another State.
(h) On-the-job Training, Customized Training, Incumbent Worker
Training, and Other Training Exceptions.--
(1) In general.--Providers of on-the-job training, customized
training, incumbent worker training, internships, and paid or
unpaid work experience opportunities, or transitional employment
shall not be subject to the requirements of subsections (a) through
(f).
(2) Collection and dissemination of information.--A one-stop
operator in a local area shall collect such performance information
from providers of on-the-job training, customized training,
incumbent worker training, internships, paid or unpaid work
experience opportunities, and transitional employment as the
Governor may require, and use the information to determine whether
the providers meet such performance criteria as the Governor may
require. The one-stop operator shall disseminate information
identifying such providers that meet the criteria as eligible
providers, and the performance information, through the one-stop
delivery system. Providers determined to meet the criteria shall be
considered to be identified as eligible providers of training
services.
(i) Transition Period for Implementation.--The Governor and local
boards shall implement the requirements of this section not later than
12 months after the date of enactment of this Act. In order to
facilitate early implementation of this section, the Governor may
establish transition procedures under which providers eligible to
provide training services under chapter 5 of subtitle B of title I of
the Workforce Investment Act of 1998, as such chapter was in effect on
the day before the date of enactment of this Act, may continue to be
eligible to provide such services until December 31, 2015, or until
such earlier date as the Governor determines to be appropriate.

2c27ebc45f4a114918d2be5517f44849659ccbf9802b41f4837d2c24b5aabe99

ACTIVITIES.
(a) In General.--From the funds allocated under section 128(b) to a
local area, the local board for such area shall award grants or
contracts on a competitive basis to providers of youth workforce
investment activities identified based on the criteria in the State
plan (including such quality criteria as the Governor shall establish
for a training program that leads to a recognized postsecondary
credential), and taking into consideration the ability of the providers
to meet performance accountability measures based on primary indicators
of performance for the youth program as described in section
116(b)(2)(A)(ii), as described in section 102(b)(2)(D)(i)(V), and shall
conduct oversight with respect to such providers.
(b) Exceptions.--A local board may award grants or contracts on a
sole-source basis if such board determines there is an insufficient
number of eligible providers of youth workforce investment activities
in the local area involved (such as a rural area) for grants and
contracts to be awarded on a competitive basis under subsection (a).
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES

1df7fd0b1df07b1b00732ec7ba32a2b9aa2cf46fee3cc3a96fb636bbb6cdedb7

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.

f0befea825ac57e8635cf26592476500856150277290752ef425dc6e2ae636ed

(a) In General.--The Secretary shall--
(1) for each fiscal year for which the amount appropriated
under section 136(a) exceeds $925,000,000, reserve 4 percent of the
excess amount to provide youth workforce investment activities
under section 167 (relating to migrant and seasonal farmworkers);
and
(2) use the remainder of the amount appropriated under section
136(a) for a fiscal year to make allotments and grants in
accordance with subsection (b).
(b) Allotment Among States.--
(1) Youth workforce investment activities.--
(A) Native americans.--From the amount appropriated under
section 136(a) for a fiscal year that is not reserved under
subsection (a)(1), the Secretary shall reserve not more than
1\1/2\ percent of such amount to provide youth workforce
investment activities under section 166 (relating to Native
Americans).
(B) Outlying areas.--
(i) In general.--From the amount appropriated under
section 136(a) for each fiscal year that is not reserved
under subsection (a)(1) and subparagraph (A), the Secretary
shall reserve not more than \1/4\ of 1 percent of such
amount to provide assistance to the outlying areas to carry
out youth workforce investment activities and statewide
workforce investment activities.
(ii) Limitation for outlying areas.--
(I) Competitive grants.--The Secretary shall use
funds reserved under clause (i) to award grants to
outlying areas to carry out youth workforce investment
activities and statewide workforce investment
activities.
(II) Award basis.--The Secretary shall award grants
pursuant to subclause (I) on a competitive basis and
pursuant to the recommendations of experts in the field
of employment and training, working through the Pacific
Region Educational Laboratory in Honolulu, Hawaii.
(III) Administrative costs.--The Secretary may
provide not more than 5 percent of the funds made
available for grants under subclause (I) to pay the
administrative costs of the Pacific Region Educational
Laboratory in Honolulu, Hawaii, regarding activities
assisted under this clause.
(iii) Additional requirement.--The provisions of
section 501 of Public Law 95-134 (48 U.S.C. 1469a),
permitting the consolidation of grants by the outlying
areas, shall not apply to assistance provided to those
areas, including Palau, under this subparagraph.
(C) States.--
(i) In general.--From the remainder of the amount
appropriated under section 136(a) for a fiscal year that
exists after the Secretary determines the amounts to be
reserved under subsection (a)(1) and subparagraphs (A) and
(B), the Secretary shall make allotments to the States in
accordance with clause (ii) for youth workforce investment
activities and statewide workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and (iv), of
the remainder--
(I) 33\1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in
areas of substantial unemployment in each State,
compared to the total number of unemployed individuals
in areas of substantial unemployment in all States;
(II) 33\1/3\ percent shall be allotted on the basis
of the relative excess number of unemployed individuals
in each State, compared to the total excess number of
unemployed individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the
basis of the relative number of disadvantaged youth in
each State, compared to the total number of
disadvantaged youth in all States, except as described
in clause (iii).
(iii) Calculation.--In determining an allotment under
clause (ii)(III) for any State in which there is an area
that was designated as a local area as described in section
107(c)(1)(C), the allotment shall be based on the higher
of--
(I) the number of individuals who are age 16
through 21 in families with an income below the low-
income level in such area; or
(II) the number of disadvantaged youth in such
area.
(iv) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
the Secretary shall ensure the following:
(I) Minimum percentage and allotment.--Subject to
subclause (IV), the Secretary shall ensure that no
State shall receive an allotment for a fiscal year that
is less than the greater of--
(aa) an amount based on 90 percent of the
allotment percentage of the State for the preceding
fiscal year; or
(bb) 100 percent of the allotments of the State
under section 127(b)(1)(C) of the Workforce
Investment Act of 1998 (as in effect on the day
before the date of enactment of this Act) for
fiscal year 2014.
(II) Small state minimum allotment.--Subject to
subclauses (I), (III), and (IV), the Secretary shall
ensure that no State shall receive an allotment under
this subparagraph that is less than the total of--
(aa) \3/10\ of 1 percent of $1,000,000,000 of
the remainder described in clause (i) for the
fiscal year; and
(bb) if the remainder described in clause (i)
for the fiscal year exceeds $1,000,000,000, \2/5\
of 1 percent of the excess.
(III) Maximum percentage.--Subject to subclause
(I), the Secretary shall ensure that no State shall
receive an allotment percentage for a fiscal year that
is more than 130 percent of the allotment percentage of
the State for the preceding fiscal year.
(IV) Minimum funding.--In any fiscal year in which
the remainder described in clause (i) does not exceed
$1,000,000,000, the minimum allotments under subclauses
(I) and (II) shall be calculated by the methodology
specified in section 127(b)(1)(C)(iv)(IV) of the
Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act).
(2) Definitions.--For the purpose of the formula specified in
paragraph (1)(C):
(A) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the remainder
described in paragraph (1)(C)(i) that is received through an
allotment made under paragraph (1)(C) for the fiscal year. The
term, used with respect to fiscal year 2014, means the
percentage of the amount allotted to States under section
127(b)(1)(C) of the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment of this Act)
that is received under such section by the State involved for
fiscal year 2014.
(B) Area of substantial unemployment.--The term ``area of
substantial unemployment'' means any area that is of sufficient
size and scope to sustain a program of workforce investment
activities carried out under this subtitle and that has an
average rate of unemployment of at least 6.5 percent for the
most recent 12 months, as determined by the Secretary. For
purposes of this subparagraph, determinations of areas of
substantial unemployment shall be made once each fiscal year.
(C) Disadvantaged youth.--Subject to paragraph (3), the
term ``disadvantaged youth'' means an individual who is age 16
through 21 who received an income, or is a member of a family
that received a total family income, that, in relation to
family size, does not exceed the higher of--
(i) the poverty line; or
(ii) 70 percent of the lower living standard income
level.
(D) Excess number.--The term ``excess number'' means, used
with respect to the excess number of unemployed individuals
within a State, the higher of--
(i) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in the State; or
(ii) the number that represents the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in areas of substantial unemployment
in such State.
(E) Low-income level.--The term ``low-income level'' means
$7,000 with respect to income in 1969, and for any later year
means that amount that bears the same relationship to $7,000 as
the Consumer Price Index for that year bears to the Consumer
Price Index for 1969, rounded to the nearest $1,000.
(3) Special rule.--For the purpose of the formula specified in
paragraph (1)(C), the Secretary shall, as appropriate and to the
extent practicable, exclude college students and members of the
Armed Forces from the determination of the number of disadvantaged
youth.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with this
subsection, reallot to eligible States amounts that are made
available to States from allotments made under this section or a
corresponding provision of the Workforce Investment Act of 1998 for
youth workforce investment activities and statewide workforce
investment activities (referred to individually in this subsection
as a ``State allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for a program
year is equal to the amount by which the unobligated balance of the
State allotment, at the end of the program year prior to the
program year for which the determination under this paragraph is
made, exceeds 20 percent of such allotment for the prior program
year.
(3) Reallotment.--In making reallotments to eligible States of
amounts available pursuant to paragraph (2) for a program year, the
Secretary shall allot to each eligible State an amount based on the
relative amount of the State allotment for the program year for
which the determination is made, as compared to the total amount of
the State allotments for all eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an eligible
State means a State that does not have an amount available for
reallotment under paragraph (2) for the program year for which the
determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within the
State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor shall
further prescribe equitable procedures for making funds available
from the State and local areas in the event that a State is
required to make funds available for reallotment under this
subsection.

7f9ad253f88aa609b91f0b06dcc4bf3af5408ccd498fc8fde1d658651d9d1da3

(a) Reservations for Statewide Activities.--
(1) In general.--The Governor shall reserve not more than 15
percent of each of the amounts allotted to the State under section
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for
a fiscal year for statewide workforce investment activities.
(2) Use of funds.--Regardless of whether the reserved amounts
were allotted under section 127(b)(1)(C), or under paragraph (1)(B)
or (2)(B) of section 132(b), the Governor may use the reserved
amounts to carry out statewide activities under section 129(b) or
statewide employment and training activities, for adults or
dislocated workers, under section 134(a).
(b) Within State Allocations.--
(1) Methods.--The Governor, acting in accordance with the State
plan, and after consulting with chief elected officials and local
boards in the local areas, shall allocate the funds that are
allotted to the State for youth activities and statewide workforce
investment activities under section 127(b)(1)(C) and are not
reserved under subsection (a), in accordance with paragraph (2) or
(3).
(2) Formula allocation.--
(A) Youth activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1) to local areas, a State may allocate--
(I) 33\1/3\ percent of the funds on the basis
described in section 127(b)(1)(C)(ii)(I);
(II) 33\1/3\ percent of the funds on the basis
described in section 127(b)(1)(C)(ii)(II); and
(III) 33\1/3\ percent of the funds on the basis
described in clauses (ii)(III) and (iii) of section
127(b)(1)(C).
(ii) Minimum percentage.--The local area shall not
receive an allocation percentage for a fiscal year that is
less than 90 percent of the average allocation percentage
of the local area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to local areas to
comply with the preceding sentence shall be obtained by
ratably reducing the allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph, for the fiscal
year. The term, used with respect to fiscal year 2013 or
2014, means a percentage of the funds referred to in
section 128(b)(1) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of
this Act), received through an allocation made under
paragraph (2) or (3) of section 128(b) of the Workforce
Investment Act of 1998 (as so in effect), for the fiscal
year 2013 or 2014, respectively.
(B) Application.--For purposes of carrying out subparagraph
(A)--
(i) references in section 127(b) to a State shall be
deemed to be references to a local area;
(ii) references in section 127(b) to all States shall
be deemed to be references to all local areas in the State
involved; and
(iii) except as described in clause (i), references in
section 127(b)(1) to the term ``excess number'' shall be
considered to be references to the term as defined in
section 127(b)(2).
(3) Youth discretionary allocation.--In lieu of making the
allocation described in paragraph (2), in allocating the funds
described in paragraph (1) to local areas, a State may distribute--
(A) a portion equal to not less than 70 percent of the
funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a
formula that--
(i) incorporates additional factors (other than the
factors described in paragraph (2)(A)) relating to--
(I) excess youth poverty in urban, rural, and
suburban local areas; and
(II) excess unemployment above the State average in
urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by
the Secretary as part of the State plan.
(4) Local administrative cost limit.--
(A) In general.--Of the amount allocated to a local area
under this subsection and section 133(b) for a fiscal year, not
more than 10 percent of the amount may be used by the local
board involved for the administrative costs of carrying out
local workforce investment activities under this chapter or
chapter 3.
(B) Use of funds.--Funds made available for administrative
costs under subparagraph (A) may be used for the administrative
costs of any of the local workforce investment activities
described in this chapter or chapter 3, regardless of whether
the funds were allocated under this subsection or section
133(b).
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board, reallocate
to eligible local areas within the State amounts that are made
available to local areas from allocations made under this section
or a corresponding provision of the Workforce Investment Act of
1998 for youth workforce investment activities (referred to
individually in this subsection as a ``local allocation'') and that
are available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program year
prior to the program year for which the determination under this
paragraph is made, exceeds 20 percent of such allocation for the
prior program year.
(3) Reallocation.--In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program
year, the Governor shall allocate to each eligible local area
within the State an amount based on the relative amount of the
local allocation for the program year for which the determination
is made, as compared to the total amount of the local allocations
for all eligible local areas in the State for such program year.
(4) Eligibility.--For purposes of this subsection, an eligible
local area means a local area that does not have an amount
available for reallocation under paragraph (2) for the program year
for which the determination under paragraph (2) is made.

58749f9f236cc61a6a1c416b80c97a8f72dccb79e5902133777f5ac3dccc6190

(a) Youth Participant Eligibility.--
(1) Eligibility.--
(A) In general.--To be eligible to participate in
activities carried out under this chapter during any program
year an individual shall, at the time the eligibility
determination is made, be an out-of-school youth or an in-
school youth.
(B) Out-of-school youth.--In this title, the term ``out-of-
school youth'' means an individual who is--
(i) not attending any school (as defined under State
law);
(ii) not younger than age 16 or older than age 24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age of compulsory
school attendance, but has not attended school for at
least the most recent complete school year calendar
quarter.
(III) A recipient of a secondary school diploma or
its recognized equivalent who is a low-income
individual and is--
(aa) basic skills deficient; or
(bb) an English language learner.
(IV) An individual who is subject to the juvenile
or adult justice system.
(V) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child or youth (as
defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))), a
runaway, in foster care or has aged out of the foster
care system, a child eligible for assistance under
section 477 of the Social Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(VI) An individual who is pregnant or parenting.
(VII) A youth who is an individual with a
disability.
(VIII) A low-income individual who requires
additional assistance to enter or complete an
educational program or to secure or hold employment.
(C) In-school youth.--In this section, the term ``in-school
youth'' means an individual who is--
(i) attending school (as defined by State law);
(ii) not younger than age 14 or (unless an individual
with a disability who is attending school under State law)
older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child or youth (as
defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))), a
runaway, in foster care or has aged out of the foster
care system, a child eligible for assistance under
section 477 of the Social Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(V) Pregnant or parenting.
(VI) A youth who is an individual with a
disability.
(VII) An individual who requires additional
assistance to complete an educational program or to
secure or hold employment.
(2) Special rule.--For the purpose of this subsection, the term
``low-income'', used with respect to an individual, also includes a
youth living in a high-poverty area.
(3) Exception and limitation.--
(A) Exception for persons who are not low-income
individuals.--
(i) Definition.--In this subparagraph, the term
``covered individual'' means an in-school youth, or an out-
of-school youth who is described in subclause (III) or
(VIII) of paragraph (1)(B)(iii).
(ii) Exception.--In each local area, not more than 5
percent of the individuals assisted under this section may
be persons who would be covered individuals, except that
the persons are not low-income individuals.
(B) Limitation.--In each local area, not more than 5
percent of the in-school youth assisted under this section may
be eligible under paragraph (1) because the youth are in-school
youth described in paragraph (1)(C)(iv)(VII).
(4) Out-of-school priority.--
(A) In general.--For any program year, not less than 75
percent of the funds allotted under section 127(b)(1)(C),
reserved under section 128(a), and available for statewide
activities under subsection (b), and not less than 75 percent
of funds available to local areas under subsection (c), shall
be used to provide youth workforce investment activities for
out-of-school youth.
(B) Exception.--A State that receives a minimum allotment
under section 127(b)(1) in accordance with section
127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with
section 132(b)(1)(B)(iv) may decrease the percentage described
in subparagraph (A) to not less than 50 percent for a local
area in the State, if--
(i) after an analysis of the in-school youth and out-
of-school youth populations in the local area, the State
determines that the local area will be unable to use at
least 75 percent of the funds available for activities
under subsection (c) to serve out-of-school youth due to a
low number of out-of-school youth; and
(ii)(I) the State submits to the Secretary, for the
local area, a request including a proposed percentage
decreased to not less than 50 percent for purposes of
subparagraph (A), and a summary of the analysis described
in clause (i); and
(II) the request is approved by the Secretary.
(5) Consistency with compulsory school attendance laws.--In
providing assistance under this section to an individual who is
required to attend school under applicable State compulsory school
attendance laws, the priority in providing such assistance shall be
for the individual to attend school regularly.
(b) Statewide Activities.--
(1) Required statewide youth activities.--Funds reserved by a
Governor as described in sections 128(a) and 133(a)(1) shall be
used, regardless of whether the funds were allotted to the State
under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of
section 132(b) for statewide activities, which shall include--
(A) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 3 in
coordination with evaluations carried out by the Secretary
under section 169(a);
(B) disseminating a list of eligible providers of youth
workforce investment activities, as determined under section
123;
(C) providing assistance to local areas as described in
subsections (b)(6) and (c)(2) of section 106, for local
coordination of activities carried out under this title;
(D) operating a fiscal and management accountability
information system under section 116(i);
(E) carrying out monitoring and oversight of activities
carried out under this chapter and chapter 3, which may include
a review comparing the services provided to male and female
youth; and
(F) providing additional assistance to local areas that
have high concentrations of eligible youth.
(2) Allowable statewide youth activities.--Funds reserved by a
Governor as described in sections 128(a) and 133(a)(1) may be used,
regardless of whether the funds were allotted to the State under
section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section
132(b), for statewide activities, which may include--
(A) conducting--
(i) research related to meeting the education and
employment needs of eligible youth; and
(ii) demonstration projects related to meeting the
education and employment needs of eligible youth;
(B) supporting the development of alternative, evidence-
based programs and other activities that enhance the choices
available to eligible youth and encourage such youth to reenter
and complete secondary education, enroll in postsecondary
education and advanced training, progress through a career
pathway, and enter into unsubsidized employment that leads to
economic self-sufficiency;
(C) supporting the provision of career services described
in section 134(c)(2) in the one-stop delivery system in the
State;
(D) supporting financial literacy, including--
(i) supporting the ability of participants to create
household budgets, initiate savings plans, and make
informed financial decisions about education, retirement,
home ownership, wealth building, or other savings goals;
(ii) supporting the ability to manage spending, credit,
and debt, including credit card debt, effectively;
(iii) increasing awareness of the availability and
significance of credit reports and credit scores in
obtaining credit, including determining their accuracy (and
how to correct inaccuracies in the reports and scores), and
their effect on credit terms;
(iv) supporting the ability to understand, evaluate,
and compare financial products, services, and
opportunities; and
(v) supporting activities that address the particular
financial literacy needs of non-English speakers, including
providing the support through the development and
distribution of multilingual financial literacy and
education materials; and
(E) providing technical assistance to, as appropriate,
local boards, chief elected officials, one-stop operators, one-
stop partners, and eligible providers, in local areas, which
provision of technical assistance shall include the development
and training of staff, the development of exemplary program
activities, the provision of technical assistance to local
areas that fail to meet local performance accountability
measures described in section 116(c), and the provision of
technology to facilitate remote access to services provided
through the one-stop delivery system in the State.
(3) Limitation.--Not more than 5 percent of the funds allotted
to a State under section 127(b)(1)(C) shall be used by the State
for administrative activities carried out under this subsection or
section 134(a).
(c) Local Elements and Requirements.--
(1) Program design.--Funds allocated to a local area for
eligible youth under section 128(b) shall be used to carry out, for
eligible youth, programs that--
(A) provide an objective assessment of the academic levels,
skill levels, and service needs of each participant, which
assessment shall include a review of basic skills, occupational
skills, prior work experience, employability, interests,
aptitudes (including interests and aptitudes for nontraditional
jobs), supportive service needs, and developmental needs of
such participant, for the purpose of identifying appropriate
services and career pathways for participants, except that a
new assessment of a participant is not required if the provider
carrying out such a program determines it is appropriate to use
a recent assessment of the participant conducted pursuant to
another education or training program;
(B) develop service strategies for each participant that
are directly linked to 1 or more of the indicators of
performance described in section 116(b)(2)(A)(ii), and that
shall identify career pathways that include education and
employment goals (including, in appropriate circumstances,
nontraditional employment), appropriate achievement objectives,
and appropriate services for the participant taking into
account the assessment conducted pursuant to subparagraph (A),
except that a new service strategy for a participant is not
required if the provider carrying out such a program determines
it is appropriate to use a recent service strategy developed
for the participant under another education or training
program;
(C) provide--
(i) activities leading to the attainment of a secondary
school diploma or its recognized equivalent, or a
recognized postsecondary credential;
(ii) preparation for postsecondary educational and
training opportunities;
(iii) strong linkages between academic instruction
(based on State academic content and student academic
achievement standards established under section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311)) and occupational education that lead to the
attainment of recognized postsecondary credentials;
(iv) preparation for unsubsidized employment
opportunities, in appropriate cases; and
(v) effective connections to employers, including small
employers, in in-demand industry sectors and occupations of
the local and regional labor markets; and
(D) at the discretion of the local board, implement a pay-
for-performance contract strategy for elements described in
paragraph (2), for which the local board may reserve and use
not more than 10 percent of the total funds allocated to the
local area under section 128(b).
(2) Program elements.--In order to support the attainment of a
secondary school diploma or its recognized equivalent, entry into
postsecondary education, and career readiness for participants, the
programs described in paragraph (1) shall provide elements
consisting of--
(A) tutoring, study skills training, instruction, and
evidence-based dropout prevention and recovery strategies that
lead to completion of the requirements for a secondary school
diploma or its recognized equivalent (including a recognized
certificate of attendance or similar document for individuals
with disabilities) or for a recognized postsecondary
credential;
(B) alternative secondary school services, or dropout
recovery services, as appropriate;
(C) paid and unpaid work experiences that have as a
component academic and occupational education, which may
include--
(i) summer employment opportunities and other
employment opportunities available throughout the school
year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall include
priority consideration for training programs that lead to
recognized postsecondary credentials that are aligned with in-
demand industry sectors or occupations in the local area
involved, if the local board determines that the programs meet
the quality criteria described in section 123;
(E) education offered concurrently with and in the same
context as workforce preparation activities and training for a
specific occupation or occupational cluster;
(F) leadership development opportunities, which may include
community service and peer-centered activities encouraging
responsibility and other positive social and civic behaviors,
as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation and a
subsequent period, for a total of not less than 12 months;
(I) followup services for not less than 12 months after the
completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which may
include drug and alcohol abuse counseling and referral, as
appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
(M) services that provide labor market and employment
information about in-demand industry sectors or occupations
available in the local area, such as career awareness, career
counseling, and career exploration services; and
(N) activities that help youth prepare for and transition
to postsecondary education and training.
(3) Additional requirements.--
(A) Information and referrals.--Each local board shall
ensure that each participant shall be provided--
(i) information on the full array of applicable or
appropriate services that are available through the local
board or other eligible providers or one-stop partners,
including those providers or partners receiving funds under
this subtitle; and
(ii) referral to appropriate training and educational
programs that have the capacity to serve the participant
either on a sequential or concurrent basis.
(B) Applicants not meeting enrollment requirements.--Each
eligible provider of a program of youth workforce investment
activities shall ensure that an eligible applicant who does not
meet the enrollment requirements of the particular program or
who cannot be served shall be referred for further assessment,
as necessary, and referred to appropriate programs in
accordance with subparagraph (A) to meet the basic skills and
training needs of the applicant.
(C) Involvement in design and implementation.--The local
board shall ensure that parents, participants, and other
members of the community with experience relating to programs
for youth are involved in the design and implementation of the
programs described in paragraph (1).
(4) Priority.--Not less than 20 percent of the funds allocated
to the local area as described in paragraph (1) shall be used to
provide in-school youth and out-of-school youth with activities
under paragraph (2)(C).
(5) Rule of construction.--Nothing in this chapter shall be
construed to require that each of the elements described in
subparagraphs of paragraph (2) be offered by each provider of youth
services.
(6) Prohibitions.--
(A) Prohibition against federal control of education.--No
provision of this Act shall be construed to authorize any
department, agency, officer, or employee of the United States
to exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any educational institution, school, or school
system, or over the selection of library resources, textbooks,
or other printed or published instructional materials by any
educational institution, school, or school system.
(B) Noninterference and nonreplacement of regular academic
requirements.--No funds described in paragraph (1) shall be
used to provide an activity for eligible youth who are not
school dropouts if participation in the activity would
interfere with or replace the regular academic requirements of
the youth.
(7) Linkages.--In coordinating the programs authorized under
this section, local boards shall establish linkages with local
educational agencies responsible for services to participants as
appropriate.
(8) Volunteers.--The local board shall make opportunities
available for individuals who have successfully participated in
programs carried out under this section to volunteer assistance to
participants in the form of mentoring, tutoring, and other
activities.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES

1e9bbaaecd6ee6ba64f727df2f5f5f088e459eab4c4fb2d96f101c7d94f0e76e

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.

e4f5f977351744d93530cac31930426acad03433cadba904cbc6d6dcb928297b

(a) In General.--The Secretary shall--
(1) make allotments and grants from the amount appropriated
under section 136(b) for a fiscal year in accordance with
subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated under
section 136(c) for the fiscal year for use under subsection
(b)(2)(A), and under sections 168(b) (relating to dislocated worker
technical assistance), 169(c) (relating to dislocated worker
projects), and 170 (relating to national dislocated worker grants);
and
(B) make allotments from 80 percent of the amount appropriated
under section 136(c) for the fiscal year in accordance with
subsection (b)(2)(B).
(b) Allotment Among States.--
(1) Adult employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made available under
subsection (a)(1) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas.
(ii) Applicability of additional requirements.--From
the amount reserved under clause (i), the Secretary shall
provide assistance to the outlying areas for adult
employment and training activities and statewide workforce
investment activities in accordance with the requirements
of section 127(b)(1)(B).
(B) States.--
(i) In general.--After determining the amount to be
reserved under subparagraph (A), the Secretary shall allot
the remainder of the amount made available under subsection
(a)(1) for that fiscal year to the States pursuant to
clause (ii) for adult employment and training activities
and statewide workforce investment activities.
(ii) Formula.--Subject to clauses (iii) and (iv), of
the remainder--
(I) 33\1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in
areas of substantial unemployment in each State,
compared to the total number of unemployed individuals
in areas of substantial unemployment in all States;
(II) 33\1/3\ percent shall be allotted on the basis
of the relative excess number of unemployed individuals
in each State, compared to the total excess number of
unemployed individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the
basis of the relative number of disadvantaged adults in
each State, compared to the total number of
disadvantaged adults in all States, except as described
in clause (iii).
(iii) Calculation.--In determining an allotment under
clause (ii)(III) for any State in which there is an area
that was designated as a local area as described in section
107(c)(1)(C), the allotment shall be based on the higher
of--
(I) the number of adults in families with an income
below the low-income level in such area; or
(II) the number of disadvantaged adults in such
area.
(iv) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
the Secretary shall ensure the following:
(I) Minimum percentage and allotment.--Subject to
subclause (IV), the Secretary shall ensure that no
State shall receive an allotment for a fiscal year that
is an amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal year.
(II) Small state minimum allotment.--Subject to
subclauses (I), (III), and (IV), the Secretary shall
ensure that no State shall receive an allotment under
this subparagraph that is less than the total of--
(aa) \3/10\ of 1 percent of $960,000,000 of the
remainder described in clause (i) for the fiscal
year; and
(bb) if the remainder described in clause (i)
for the fiscal year exceeds $960,000,000, \2/5\ of
1 percent of the excess.
(III) Maximum percentage.--Subject to subclause
(I), the Secretary shall ensure that no State shall
receive an allotment percentage for a fiscal year that
is more than 130 percent of the allotment percentage of
the State for the preceding fiscal year.
(IV) Minimum funding.--In any fiscal year in which
the remainder described in clause (i) does not exceed
$960,000,000, the minimum allotments under subclauses
(I) and (II) shall be calculated by the methodology
specified in section 132(b)(1)(B)(iv)(IV) of the
Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act).
(v) Definitions.--For the purpose of the formula
specified in this subparagraph:
(I) Adult.--The term ``adult'' means an individual
who is not less than age 22 and not more than age 72.
(II) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or
a subsequent fiscal year, means a percentage of the
remainder described in clause (i) that is received
through an allotment made under this subparagraph for
the fiscal year. The term, used with respect to fiscal
year 2014, means the percentage of the amount allotted
to States under section 132(b)(1)(B) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act) that is received
under such section by the State involved for fiscal
year 2014.
(III) Area of substantial unemployment.--The term
``area of substantial unemployment'' means any area
that is of sufficient size and scope to sustain a
program of workforce investment activities carried out
under this subtitle and that has an average rate of
unemployment of at least 6.5 percent for the most
recent 12 months, as determined by the Secretary. For
purposes of this subclause, determinations of areas of
substantial unemployment shall be made once each fiscal
year.
(IV) Disadvantaged adult.--Subject to subclause
(V), the term ``disadvantaged adult'' means an adult
who received an income, or is a member of a family that
received a total family income, that, in relation to
family size, does not exceed the higher of--
(aa) the poverty line; or
(bb) 70 percent of the lower living standard
income level.
(V) Disadvantaged adult special rule.--The
Secretary shall, as appropriate and to the extent
practicable, exclude college students and members of
the Armed Forces from the determination of the number
of disadvantaged adults.
(VI) Excess number.--The term ``excess number''
means, used with respect to the excess number of
unemployed individuals within a State, the higher of--
(aa) the number that represents the number of
unemployed individuals in excess of 4.5 percent of
the civilian labor force in the State; or
(bb) the number that represents the number of
unemployed individuals in excess of 4.5 percent of
the civilian labor force in areas of substantial
unemployment in such State.
(VII) Low-income level.--The term ``low-income
level'' means $7,000 with respect to income in 1969,
and for any later year means that amount that bears the
same relationship to $7,000 as the Consumer Price Index
for that year bears to the Consumer Price Index for
1969, rounded to the nearest $1,000.
(2) Dislocated worker employment and training activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made available under
subsection (a)(2)(A) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of the amount
appropriated under section 136(c) for the fiscal year to
provide assistance to the outlying areas.
(ii) Applicability of additional requirements.--From
the amount reserved under clause (i), the Secretary shall
provide assistance to the outlying areas for dislocated
worker employment and training activities and statewide
workforce investment activities in accordance with the
requirements of section 127(b)(1)(B).
(B) States.--
(i) In general.--The Secretary shall allot the amount
referred to in subsection (a)(2)(B) for a fiscal year to
the States pursuant to clause (ii) for dislocated worker
employment and training activities and statewide workforce
investment activities.
(ii) Formula.--Subject to clause (iii), of the amount--
(I) 33\1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in
each State, compared to the total number of unemployed
individuals in all States;
(II) 33\1/3\ percent shall be allotted on the basis
of the relative excess number of unemployed individuals
in each State, compared to the total excess number of
unemployed individuals in all States; and
(III) 33\1/3\ percent shall be allotted on the
basis of the relative number of individuals in each
State who have been unemployed for 15 weeks or more,
compared to the total number of individuals in all
States who have been unemployed for 15 weeks or more.
(iii) Minimum and maximum percentages and minimum
allotments.--In making allotments under this subparagraph,
for fiscal year 2016 and each subsequent fiscal year, the
Secretary shall ensure the following:
(I) Minimum percentage and allotment.--The
Secretary shall ensure that no State shall receive an
allotment for a fiscal year that is an amount based on
90 percent of the allotment percentage of the State for
the preceding fiscal year.
(II) Maximum percentage.--Subject to subclause (I),
the Secretary shall ensure that no State shall receive
an allotment percentage for a fiscal year that is more
than 130 percent of the allotment percentage of the
State for the preceding fiscal year.
(iv) Definitions.--For the purpose of the formula
specified in this subparagraph:
(I) Allotment percentage.--The term ``allotment
percentage'', used with respect to fiscal year 2015 or
a subsequent fiscal year, means a percentage of the
amount described in clause (i) that is received through
an allotment made under this subparagraph for the
fiscal year.
(II) Excess number.--The term ``excess number''
means, used with respect to the excess number of
unemployed individuals within a State, the number that
represents the number of unemployed individuals in
excess of 4.5 percent of the civilian labor force in
the State.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance with this
subsection, reallot to eligible States amounts that are made
available to States from allotments made under this section or a
corresponding provision of the Workforce Investment Act of 1998 for
employment and training activities and statewide workforce
investment activities (referred to individually in this subsection
as a ``State allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for a program
year for programs funded under subsection (b)(1)(B) (relating to
adult employment and training) or for programs funded under
subsection (b)(2)(B) (relating to dislocated worker employment and
training) is equal to the amount by which the unobligated balance
of the State allotments for adult employment and training
activities or dislocated worker employment and training activities,
respectively, at the end of the program year prior to the program
year for which the determination under this paragraph is made,
exceeds 20 percent of such allotments for the prior program year.
(3) Reallotment.--In making reallotments to eligible States of
amounts available pursuant to paragraph (2) for a program year, the
Secretary shall allot to each eligible State an amount based on the
relative amount of the State allotment under paragraph (1)(B) or
(2)(B), respectively, of subsection (b) for the program year for
which the determination is made, as compared to the total amount of
the State allotments under paragraph (1)(B) or (2)(B),
respectively, of subsection (b) for all eligible States for such
program year.
(4) Eligibility.--For purposes of this subsection, an eligible
State means--
(A) with respect to funds allotted through a State
allotment for adult employment and training activities, a State
that does not have an amount of such funds available for
reallotment under paragraph (2) for the program year for which
the determination under paragraph (2) is made; and
(B) with respect to funds allotted through a State
allotment for dislocated worker employment and training
activities, a State that does not have an amount of such funds
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within the
State in order to avoid the requirement that funds be made
available for reallotment under this subsection. The Governor shall
further prescribe equitable procedures for making funds available
from the State and local areas in the event that a State is
required to make funds available for reallotment under this
subsection.

c0bf143b81a693506e9a611794c0a0974ce31f3d4a42cc85201324e334ffaa18

(a) Reservations for State Activities.--
(1) Statewide workforce investment activities.--The Governor
shall make the reservation required under section 128(a).
(2) Statewide rapid response activities.--The Governor shall
reserve not more than 25 percent of the total amount allotted to
the State under section 132(b)(2)(B) for a fiscal year for
statewide rapid response activities described in section
134(a)(2)(A).
(b) Within State Allocation.--
(1) Methods.--The Governor, acting in accordance with the State
plan, and after consulting with chief elected officials and local
boards in the local areas, shall allocate--
(A) the funds that are allotted to the State for adult
employment and training activities and statewide workforce
investment activities under section 132(b)(1)(B) and are not
reserved under subsection (a)(1), in accordance with paragraph
(2) or (3); and
(B) the funds that are allotted to the State for dislocated
worker employment and training activities and statewide
workforce investment activities under section 132(b)(2)(B) and
are not reserved under paragraph (1) or (2) of subsection (a),
in accordance with paragraph (2).
(2) Formula allocations.--
(A) Adult employment and training activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1)(A) to local areas, a State may allocate--
(I) 33\1/3\ percent of the funds on the basis
described in section 132(b)(1)(B)(ii)(I);
(II) 33\1/3\ percent of the funds on the basis
described in section 132(b)(1)(B)(ii)(II); and
(III) 33\1/3\ percent of the funds on the basis
described in clauses (ii)(III) and (iii) of section
132(b)(1)(B).
(ii) Minimum percentage.--The local area shall not
receive an allocation percentage for a fiscal year that is
less than 90 percent of the average allocation percentage
of the local area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to local areas to
comply with the preceding sentence shall be obtained by
ratably reducing the allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph, for the fiscal
year. The term, used with respect to fiscal year 2013 or
2014, means a percentage of the amount allocated to local
areas under paragraphs (2)(A) and (3) of section 133(b) of
the Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act), received
through an allocation made under paragraph (2)(A) or (3) of
that section for fiscal year 2013 or 2014, respectively.
(B) Dislocated worker employment and training activities.--
(i) Allocation.--In allocating the funds described in
paragraph (1)(B) to local areas, a State shall allocate the
funds based on an allocation formula prescribed by the
Governor of the State. Such formula may be amended by the
Governor not more than once for each program year. Such
formula shall utilize the most appropriate information
available to the Governor to distribute amounts to address
the State's worker readjustment assistance needs.
(ii) Information.--The information described in clause
(i) shall include insured unemployment data, unemployment
concentrations, plant closing and mass layoff data,
declining industries data, farmer-rancher economic hardship
data, and long-term unemployment data.
(iii) Minimum percentage.--The local area shall not
receive an allocation percentage for fiscal year 2016 or a
subsequent fiscal year that is less than 90 percent of the
average allocation percentage of the local area for the 2
preceding fiscal years. Amounts necessary for increasing
such allocations to local areas to comply with the
preceding sentence shall be obtained by ratably reducing
the allocations to be made to other local areas under this
subparagraph.
(iv) Definition.--In this subparagraph, the term
``allocation percentage'', used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an
allocation made under this subparagraph for the fiscal
year. The term, used with respect to fiscal year 2014,
means a percentage of the amount allocated to local areas
under section 133(b)(2)(B) of the Workforce Investment Act
of 1998 (as in effect on the day before the date of
enactment of this Act), received through an allocation made
under that section for fiscal year 2014.
(C) Application.--For purposes of carrying out subparagraph
(A)--
(i) references in section 132(b) to a State shall be
deemed to be references to a local area;
(ii) references in section 132(b) to all States shall
be deemed to be references to all local areas in the State
involved; and
(iii) except as described in clause (i), references in
section 132(b)(1) to the term ``excess number'' shall be
considered to be references to the term as defined in
section 132(b)(1).
(3) Adult employment and training discretionary allocations.--
In lieu of making the allocation described in paragraph (2)(A), in
allocating the funds described in paragraph (1)(A) to local areas,
a State may distribute--
(A) a portion equal to not less than 70 percent of the
funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a
formula that--
(i) incorporates additional factors (other than the
factors described in paragraph (2)(A)) relating to--
(I) excess poverty in urban, rural, and suburban
local areas; and
(II) excess unemployment above the State average in
urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by
the Secretary as part of the State plan.
(4) Transfer authority.--A local board may transfer, if such a
transfer is approved by the Governor, up to and including 100
percent of the funds allocated to the local area under paragraph
(2)(A) or (3), and up to and including 100 percent of the funds
allocated to the local area under paragraph (2)(B), for a fiscal
year between--
(A) adult employment and training activities; and
(B) dislocated worker employment and training activities.
(5) Allocation.--
(A) In general.--The Governor shall allocate the funds
described in paragraph (1) to local areas under paragraphs (2)
and (3) for the purpose of providing a single system of
employment and training activities for adults and dislocated
workers in accordance with subsections (c) and (d) of section
134.
(B) Additional requirements.--
(i) Adults.--Funds allocated under paragraph (2)(A) or
(3) shall be used by a local area to contribute to the
costs of the one-stop delivery system described in section
121(e) as determined under section 121(h) and to pay for
employment and training activities provided to adults in
the local area, consistent with section 134.
(ii) Dislocated workers.--Funds allocated under
paragraph (2)(B) shall be used by a local area to
contribute to the costs of the one-stop delivery system
described in section 121(e) as determined under section
121(h) and to pay for employment and training activities
provided to dislocated workers in the local area,
consistent with section 134.
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with this
subsection and after consultation with the State board, reallocate
to eligible local areas within the State amounts that are made
available to local areas from allocations made under paragraph
(2)(A) or (3) of subsection (b) or a corresponding provision of the
Workforce Investment Act of 1998 for adult employment and training
activities, or under subsection (b)(2)(B) or a corresponding
provision of the Workforce Investment Act of 1998 for dislocated
worker employment and training activities (referred to individually
in this subsection as a ``local allocation'') and that are
available for reallocation.
(2) Amount.--The amount available for reallocation for a
program year--
(A) for adult employment and training activities is equal
to the amount by which the unobligated balance of the local
allocation under paragraph (2)(A) or (3) of subsection (b) for
such activities, at the end of the program year prior to the
program year for which the determination under this
subparagraph is made, exceeds 20 percent of such allocation for
the prior program year; and
(B) for dislocated worker employment and training
activities is equal to the amount by which the unobligated
balance of the local allocation under subsection (b)(2)(B) for
such activities, at the end of the program year prior to the
program year for which the determination under this
subparagraph is made, exceeds 20 percent of such allocation for
the prior program year.
(3) Reallocation.--In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program
year, the Governor shall allocate to each eligible local area
within the State--
(A) with respect to such available amounts that were
allocated under paragraph (2)(A) or (3) of subsection (b), an
amount based on the relative amount of the local allocation
under paragraph (2)(A) or (3) of subsection (b), as
appropriate, for the program year for which the determination
is made, as compared to the total amount of the local
allocations under paragraph (2)(A) or (3) of subsection (b), as
appropriate, for all eligible local areas in the State for such
program year; and
(B) with respect to such available amounts that were
allocated under subsection (b)(2)(B), an amount based on the
relative amount of the local allocation under subsection
(b)(2)(B) for the program year for which the determination is
made, as compared to the total amount of the local allocations
under subsection (b)(2)(B) for all eligible local areas in the
State for such program year.
(4) Eligibility.--For purposes of this subsection, an eligible
local area means--
(A) with respect to funds allocated through a local
allocation for adult employment and training activities, a
local area that does not have an amount of such funds available
for reallocation under paragraph (2) for the program year for
which the determination under paragraph (2) is made; and
(B) with respect to funds allocated through a local
allocation for dislocated worker employment and training
activities, a local area that does not have an amount of such
funds available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2) is
made.

e351a3737ac49a242083789b2904b37514e6cbb0af695dcc511483f02127e6e6

53a0cfc5f7cfddc261bf76ed0e413f8f39244b29e0bae690e68400a7fb433c77

(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

cc8a537f651e97ad0f0d5fec9abf07c830b8b11e252d7b1937926277c8276ae5

The purposes of this subtitle are--
(1) to maintain a national Job Corps program, carried out in
partnership with States and communities, to--
(A) assist eligible youth to connect to the labor force by
providing them with intensive social, academic, career and
technical education, and service-learning opportunities, in
primarily residential centers, in order for such youth to
obtain secondary school diplomas or recognized postsecondary
credentials leading to--
(i) successful careers, in in-demand industry sectors
or occupations or the Armed Forces, that will result in
economic self-sufficiency and opportunities for
advancement; or
(ii) enrollment in postsecondary education, including
an apprenticeship program; and
(B) support responsible citizenship;
(2) to set forth standards and procedures for selecting
individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps centers in
which enrollees will participate in intensive programs of
activities described in this subtitle; and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continuing
development of the Job Corps.

5d924db3303181b1d7ebdd45d3066ef9e541614780392931d7cf31104f09d915

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.

e1a81fbcbba1300c9de7db86a0a698b80fcd97ef95069f9349ed8b8bbb3a95a1

There shall be within the Department of Labor a ``Job Corps''.

2d03f55bccb017d93544e512b20c4f748179cc1b89a4ec48b1e5da47bb975b65

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

4133ab8e49a7b1f06c41bf1675b3abc708cd1eebd3fdd6fce2b5d11125215456

ENROLLEES.
(a) Standards and Procedures.--
(1) In general.--The Secretary shall prescribe specific
standards and procedures for the recruitment, screening, and
selection of eligible applicants for the Job Corps, after
considering recommendations from Governors of States, local boards,
and other interested parties.
(2) Methods.--In prescribing standards and procedures under
paragraph (1), the Secretary, at a minimum, shall--
(A) prescribe procedures for informing enrollees that drug
tests will be administered to the enrollees and the results
received within 45 days after the enrollees enroll in the Job
Corps;
(B) establish standards for recruitment of Job Corps
applicants;
(C) establish standards and procedures for--
(i) determining, for each applicant, whether the
educational and career and technical education and training
needs of the applicant can best be met through the Job
Corps program or an alternative program in the community in
which the applicant resides; and
(ii) obtaining from each applicant pertinent data
relating to background, needs, and interests for
determining eligibility and potential assignment;
(D) where appropriate, take measures to improve the
professional capability of the individuals conducting screening
of the applicants; and
(E) assure appropriate representation of enrollees from
urban areas and from rural areas.
(3) Implementation.--The standards and procedures shall be
implemented through arrangements with--
(A) applicable one-stop centers;
(B) organizations that have a demonstrated record of
effectiveness in serving at-risk youth and placing such youth
into employment, including community action agencies, business
organizations, or labor organizations; and
(C) child welfare agencies that are responsible for
children and youth eligible for benefits and services under
section 477 of the Social Security Act (42 U.S.C. 677).
(4) Consultation.--The standards and procedures shall provide
for necessary consultation with individuals and organizations,
including court, probation, parole, law enforcement, education,
welfare, and medical authorities and advisers.
(5) Reimbursement.--The Secretary is authorized to enter into
contracts with and make payments to individuals and organizations
for the cost of conducting recruitment, screening, and selection of
eligible applicants for the Job Corps, as provided for in this
section. The Secretary shall make no payment to any individual or
organization solely as compensation for referring the names of
applicants for the Job Corps.
(b) Special Limitations on Selection.--
(1) In general.--No individual shall be selected as an enrollee
unless the individual or organization implementing the standards
and procedures described in subsection (a) determines that--
(A) there is a reasonable expectation that the individual
considered for selection can participate successfully in group
situations and activities, and is not likely to engage in
behavior that would prevent other enrollees from receiving the
benefit of the Job Corps program or be incompatible with the
maintenance of sound discipline and satisfactory relationships
between the Job Corps center to which the individual might be
assigned and communities surrounding the Job Corps center;
(B) the individual manifests a basic understanding of both
the rules to which the individual will be subject and of the
consequences of failure to observe the rules, and agrees to
comply with such rules; and
(C) the individual has passed a background check conducted
in accordance with procedures established by the Secretary and
with applicable State and local laws.
(2) Individuals on probation, parole, or supervised release.--
An individual on probation, parole, or supervised release may be
selected as an enrollee only if release from the supervision of the
probation or parole official involved is satisfactory to the
official and the Secretary and does not violate applicable laws
(including regulations). No individual shall be denied a position
in the Job Corps solely on the basis of individual contact with the
criminal justice system except for a disqualifying conviction as
specified in paragraph (3).
(3) Individuals convicted of certain crimes.--An individual
shall not be selected as an enrollee if the individual has been
convicted of a felony consisting of murder (as described in section
1111 of title 18, United States Code), child abuse, or a crime
involving rape or sexual assault.
(c) Assignment Plan.--
(1) In general.--Every 2 years, the Secretary shall develop and
implement a plan for assigning enrollees to Job Corps centers. In
developing the plan, the Secretary shall, based on the analysis
described in paragraph (2), establish targets, applicable to each
Job Corps center, for--
(A) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the State in which the center
is located; and
(B) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the region in which the center
is located, and in surrounding regions.
(2) Analysis.--In order to develop the plan described in
paragraph (1), every 2 years the Secretary, in consultation with
operators of Job Corps centers, shall analyze relevant factors
relating to each Job Corps center, including--
(A) the size of the population of individuals eligible to
participate in Job Corps in the State and region in which the
Job Corps center is located, and in surrounding regions;
(B) the relative demand for participation in the Job Corps
in the State and region, and in surrounding regions;
(C) the capacity and utilization of the Job Corps center,
including the education, training, and supportive services
provided through the center; and
(D) the performance of the Job Corps center relating to the
expected levels of performance for the indicators described in
section 159(c)(1), and whether any actions have been taken with
respect to such center pursuant to paragraphs (2) and (3) of
section 159(f).
(d) Assignment of Individual Enrollees.--
(1) In general.--After an individual has been selected for the
Job Corps in accordance with the standards and procedures of the
Secretary under subsection (a), the enrollee shall be assigned to
the Job Corps center that offers the type of career and technical
education and training selected by the individual and, among the
centers that offer such education and training, is closest to the
home of the individual. The Secretary may waive this requirement
if--
(A) the enrollee would be unduly delayed in participating
in the Job Corps program because the closest center is
operating at full capacity; or
(B) the parent or guardian of the enrollee requests
assignment of the enrollee to another Job Corps center due to
circumstances in the community of the enrollee that would
impair prospects for successful participation in the Job Corps
program.
(2) Enrollees who are younger than 18.--An enrollee who is
younger than 18 shall not be assigned to a Job Corps center other
than the center closest to the home that offers the career and
technical education and training desired by the enrollee pursuant
to paragraph (1) if the parent or guardian of the enrollee objects
to the assignment.

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(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.

e9418c400b8ab455695cac123c446ca4cb33558818b4732778cca96951c3b2cb

(a) Operators and Service Providers.--
(1) Eligible entities.--
(A) Operators.--The Secretary shall enter into an agreement
with a Federal, State, or local agency, an area career and
technical education school, a residential career and technical
education school, or a private organization, for the operation
of each Job Corps center.
(B) Providers.--The Secretary may enter into an agreement
with a local entity, or other entity with the necessary
capacity, to provide activities described in this subtitle to a
Job Corps center.
(2) Selection process.--
(A) Competitive basis.--Except as provided in subsections
(a) and (b) of section 3304 of title 41, United States Code,
the Secretary shall select on a competitive basis an entity to
operate a Job Corps center and entities to provide activities
described in this subtitle to the Job Corps center. In
developing a solicitation for an operator or service provider,
the Secretary shall consult with the Governor of the State in
which the center is located, the workforce council for the Job
Corps center (if established), and the applicable local board
regarding the contents of such solicitation, including elements
that will promote the consistency of the activities carried out
through the center with the objectives set forth in the State
plan or in a local plan.
(B) Recommendations and considerations.--
(i) Operators.--In selecting an entity to operate a Job
Corps center, the Secretary shall consider--
(I) the ability of the entity to coordinate the
activities carried out through the Job Corps center
with activities carried out under the appropriate State
plan and local plans;
(II) the ability of the entity to offer career and
technical education and training that has been proposed
by the workforce council under section 154(c), and the
degree to which such education and training reflects
employment opportunities in the local areas in which
enrollees at the center intend to seek employment;
(III) the degree to which the entity demonstrates
relationships with the surrounding communities,
employers, labor organizations, State boards, local
boards, applicable one-stop centers, and the State and
region in which the center is located;
(IV) the performance of the entity, if any,
relating to operating or providing activities described
in this subtitle to a Job Corps center, including
information regarding the entity in any reports
developed by the Office of Inspector General of the
Department of Labor and the entity's demonstrated
effectiveness in assisting individuals in achieving the
primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii); and
(V) the ability of the entity to demonstrate a
record of successfully assisting at-risk youth to
connect to the workforce, including providing them with
intensive academics and career and technical education
and training.
(ii) Providers.--In selecting a service provider for a
Job Corps center, the Secretary shall consider the factors
described in clause (i).
(3) Additional selection factors.--To be eligible to operate a
Job Corps center, an entity shall submit to the Secretary, at such
time and in such manner as the Secretary may require, information
related to additional selection factors, which shall include the
following:
(A) A description of the program activities that will be
offered at the center and how the academics and career and
technical education and training reflect State and local
employment opportunities, including opportunities in in-demand
industry sectors and occupations recommended by the workforce
council under section 154(c)(2)(A).
(B) A description of the counseling, placement, and support
activities that will be offered at the center, including a
description of the strategies and procedures the entity will
use to place graduates into unsubsidized employment or
education leading to a recognized postsecondary credential upon
completion of the program.
(C) A description of the demonstrated record of
effectiveness that the entity has in placing at-risk youth into
employment and postsecondary education, including past
performance of operating a Job Corps center under this subtitle
or subtitle C of title I of the Workforce Investment Act of
1998, and as appropriate, the entity's demonstrated
effectiveness in assisting individuals in achieving the
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii).
(D) A description of the relationships that the entity has
developed with State boards, local boards, applicable one-stop
centers, employers, labor organizations, State and local
educational agencies, and the surrounding communities in which
the center is located, in an effort to promote a comprehensive
statewide workforce development system.
(E) A description of the entity's ability to coordinate the
activities carried out through the Job Corps center with
activities carried out under the appropriate State plan and
local plans.
(F) A description of the strong fiscal controls the entity
has in place to ensure proper accounting of Federal funds, and
a description of how the entity will meet the requirements of
section 159(a).
(G) A description of the steps to be taken to control costs
in accordance with section 159(a)(3).
(H) A detailed budget of the activities that will be
supported using funds under this subtitle and non-Federal
resources.
(I) An assurance the entity is licensed to operate in the
State in which the center is located.
(J) An assurance the entity will comply with basic health
and safety codes, which shall include the disciplinary measures
described in section 152(b).
(K) Any other information on additional selection factors
that the Secretary may require.
(b) High-performing Centers.--
(1) In general.--If an entity meets the requirements described
in paragraph (2) as applied to a particular Job Corps center, such
entity shall be allowed to compete in any competitive selection
process carried out for an award to operate such center.
(2) High performance.--An entity shall be considered to be an
operator of a high-performing center if the Job Corps center
operated by the entity--
(A) is ranked among the top 20 percent of Job Corps centers
for the most recent preceding program year; and
(B) meets the expected levels of performance established
under section 159(c)(1) and, with respect to each of the
primary indicators of performance for eligible youth described
in section 116(b)(2)(A)(ii)--
(i) for the period of the most recent preceding 3
program years for which information is available at the
time the determination is made, achieved an average of 100
percent, or higher, of the expected level of performance
established under section 159(c)(1) for the indicator; and
(ii) for the most recent preceding program year for
which information is available at the time the
determination is made, achieved 100 percent, or higher, of
the expected level of performance established under such
section for the indicator.
(3) Transition.--If any of the program years described in
paragraph (2)(B) precedes the implementation of the establishment
of expected levels of performance under section 159(c) and the
application of the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii), an entity shall be
considered an operator of a high-performing center during that
period if the Job Corps center operated by the entity--
(A) meets the requirements of paragraph (2)(B) with respect
to such preceding program years using the performance of the
Job Corps center regarding the national goals or targets
established by the Office of the Job Corps under the previous
performance accountability system for--
(i) the 6-month follow-up placement rate of graduates
in employment, the military, education, or training;
(ii) the 12-month follow-up placement rate of graduates
in employment, the military, education, or training;
(iii) the 6-month follow-up average weekly earnings of
graduates;
(iv) the rate of attainment of secondary school
diplomas or their recognized equivalent;
(v) the rate of attainment of completion certificates
for career and technical training;
(vi) average literacy gains; and
(vii) average numeracy gains; or
(B) is ranked among the top 5 percent of Job Corps centers
for the most recent preceding program year.
(c) Character and Activities.--Job Corps centers may be residential
or nonresidential in character, and shall be designed and operated so
as to provide enrollees, in a well-supervised setting, with access to
activities described in this subtitle. In any year, no more than 20
percent of the individuals enrolled in the Job Corps may be
nonresidential participants in the Job Corps.
(d) Civilian Conservation Centers.--
(1) In general.--The Job Corps centers may include Civilian
Conservation Centers, operated under an agreement between the
Secretary of Labor and the Secretary of Agriculture, that are
located primarily in rural areas. Such centers shall provide, in
addition to academics, career and technical education and training,
and workforce preparation skills training, programs of work
experience to conserve, develop, or manage public natural resources
or public recreational areas or to develop community projects in
the public interest.
(2) Assistance during disasters.--Enrollees in Civilian
Conservation Centers may provide assistance in addressing national,
State, and local disasters, consistent with current child labor
laws (including regulations). The Secretary of Agriculture shall
ensure that with respect to the provision of such assistance the
enrollees are properly trained, equipped, supervised, and
dispatched consistent with standards for the conservation and
rehabilitation of wildlife established under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.).
(3) National liaison.--The Secretary of Agriculture shall
designate a Job Corps National Liaison to support the agreement
under this section between the Departments of Labor and
Agriculture.
(e) Indian Tribes.--
(1) General authority.--The Secretary may enter into agreements
with Indian tribes to operate Job Corps centers for Indians.
(2) Definitions.--In this subsection, the terms ``Indian'' and
``Indian tribe'' have the meanings given such terms in subsections
(d) and (e), respectively, of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(f) Length of Agreement.--The agreement described in subsection
(a)(1)(A) shall be for not more than a 2-year period. The Secretary may
exercise any contractual option to renew the agreement in 1-year
increments for not more than 3 additional years, consistent with the
requirements of subsection (g).
(g) Renewal Conditions.--
(1) In general.--Subject to paragraph (2), the Secretary shall
not renew the terms of an agreement for any 1-year additional
period described in subsection (f) for an entity to operate a
particular Job Corps center if, for both of the 2 most recent
preceding program years for which information is available at the
time the determination is made, or if a second program year is not
available, the preceding year for which information is available,
such center--
(A) has been ranked in the lowest 10 percent of Job Corps
centers; and
(B) failed to achieve an average of 50 percent or higher of
the expected level of performance under section 159(c)(1) with
respect to each of the primary indicators of performance for
eligible youth described in section 116(b)(2)(A)(ii).
(2) Exception.--Notwithstanding paragraph (1), the Secretary
may exercise an option to renew the agreement for no more than 2
additional years if the Secretary determines such renewal would be
in the best interest of the Job Corps program, taking into account
factors including--
(A) significant improvements in program performance in
carrying out a performance improvement plan under section
159(f)(2);
(B) that the performance is due to circumstances beyond the
control of the entity, such as an emergency or disaster, as
defined in section 170(a)(1);
(C) a significant disruption in the operations of the
center, including in the ability to continue to provide
services to students, or significant increase in the cost of
such operations; or
(D) a significant disruption in the procurement process
with respect to carrying out a competition for the selection of
a center operator.
(3) Detailed explanation.--If the Secretary exercises an option
under paragraph (2), the Secretary shall provide, to the Committee
on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate, a detailed explanation of the rationale for exercising such
option.
(4) Additional considerations.--The Secretary shall only renew
the agreement of an entity to operate a Job Corps center if the
entity--
(A) has a satisfactory record of integrity and business
ethics;
(B) has adequate financial resources to perform the
agreement;
(C) has the necessary organization, experience, accounting
and operational controls, and technical skills; and
(D) is otherwise qualified and eligible under applicable
laws and regulations, including that the contractor is not
under suspension or debarred from eligibility for Federal
contracts.

b86e43834ead1b8273cd2ec452cc7ee61808608f5bc1b792362b0827d3bfcbe6

(a) Activities Provided by Job Corps Centers.--
(1) In general.--Each Job Corps center shall provide enrollees
with an intensive, well organized, and fully supervised program of
education, including English language acquisition programs, career
and technical education and training, work experience, work-based
learning, recreational activities, physical rehabilitation and
development, driver's education, and counseling, which may include
information about financial literacy. Each Job Corps center shall
provide enrollees assigned to the center with access to career
services described in clauses (i) through (xi) of section
134(c)(2)(A).
(2) Relationship to opportunities.--The activities provided
under this subsection shall be targeted to helping enrollees, on
completion of their enrollment--
(A) secure and maintain meaningful unsubsidized employment;
(B) enroll in and complete secondary education or
postsecondary education or training programs, including other
suitable career and technical education and training, and
apprenticeship programs; or
(C) satisfy Armed Forces requirements.
(3) Link to employment opportunities.--The career and technical
education and training provided shall be linked to employment
opportunities in in-demand industry sectors and occupations in the
State or local area in which the Job Corps center is located and,
to the extent practicable, in the State or local area in which the
enrollee intends to seek employment after graduation.
(b) Academic and Career and Technical Education and Training.--The
Secretary may arrange for career and technical education and training
of enrollees through local public or private educational agencies,
career and technical educational institutions, technical institutes, or
national service providers, whenever such entities provide education
and training substantially equivalent in cost and quality to that which
the Secretary could provide through other means.
(c) Advanced Career Training Programs.--
(1) In general.--The Secretary may arrange for programs of
advanced career training for selected enrollees in which the
enrollees may continue to participate for a period of not to exceed
1 year in addition to the period of participation to which the
enrollees would otherwise be limited. The advanced career training
may be provided through the eligible providers of training services
identified under section 122.
(2) Benefits.--During the period of participation in an
advanced career training program, an enrollee shall be eligible for
full Job Corps benefits, or a monthly stipend equal to the average
value of the residential support, food, allowances, and other
benefits provided to enrollees assigned to residential Job Corps
centers.
(3) Demonstration.--The Secretary shall develop standards by
which any operator seeking to enroll additional enrollees in an
advanced career training program shall demonstrate, before the
operator may carry out such additional enrollment, that--
(A) participants in such program have achieved a
satisfactory rate of completion and placement in training-
related jobs; and
(B) for the most recently preceding 2 program years, such
operator has, on average, met or exceeded the expected levels
of performance under section 159(c)(1) for each of the primary
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii).
(d) Graduate Services.--In order to promote the retention of
graduates in employment or postsecondary education, the Secretary shall
arrange for the provision of job placement and support services to
graduates for up to 12 months after the date of graduation. Multiple
resources, including one-stop partners, may support the provision of
these services, including services from the State vocational
rehabilitation agency, to supplement job placement and job development
efforts for Job Corps graduates who are individuals with disabilities.
(e) Child Care.--The Secretary shall, to the extent practicable,
provide child care at or near Job Corps centers, for individuals who
require child care for their children in order to participate in the
Job Corps.

ac75cc91d9d11aa3d1a2ace8465b6737f6d63018c445ae0658917c6cfd271ea5

(a) Assessment and Counseling.--The Secretary shall arrange for
assessment and counseling for each enrollee at regular intervals to
measure progress in the academic and career and technical education and
training programs carried out through the Job Corps.
(b) Placement.--The Secretary shall arrange for assessment and
counseling for enrollees prior to their scheduled graduations to
determine their capabilities and, based on their capabilities, shall
place the enrollees in employment leading to economic self-sufficiency
for which the enrollees are trained or assist the enrollees in
participating in further activities described in this subtitle. In
arranging for the placement of graduates in jobs, the Secretary shall
utilize the one-stop delivery system to the maximum extent practicable.
(c) Status and Progress.--The Secretary shall determine the status
and progress of enrollees scheduled for graduation and make every
effort to assure that their needs for further activities described in
this subtitle are met.
(d) Services to Former Enrollees.--The Secretary may provide such
services as the Secretary determines to be appropriate under this
subtitle to former enrollees.

447d2f69810d81915075b83ec4079d75cd48194dd44b1bbbf5de14b0df205759

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

d30fb74adc9c3ded7aeaef8df30e4d80158cdcd8cfcea2f26819832f6f0d1ea7

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

986a5557101abdf4ba59d2d5747ddcfb4383adfacfd3110b3553241cd1383425

(a) Provision and Enforcement.--The Secretary shall provide, and
directors of Job Corps centers shall stringently enforce, standards of
conduct within the centers. Such standards of conduct shall include
provisions forbidding the actions described in subsection (b)(2)(A).
(b) Disciplinary Measures.--
(1) In general.--To promote the proper behavioral standards in
the Job Corps, the directors of Job Corps centers shall have the
authority to take appropriate disciplinary measures against
enrollees if such a director determines that an enrollee has
committed a violation of the standards of conduct. The director
shall dismiss the enrollee from the Job Corps if the director
determines that the retention of the enrollee in the Job Corps will
jeopardize the enforcement of such standards, threaten the safety
of staff, students, or the local community, or diminish the
opportunities of other enrollees.
(2) Zero tolerance policy and drug testing.--
(A) Guidelines.--The Secretary shall adopt guidelines
establishing a zero tolerance policy for an act of violence,
for use, sale, or possession of a controlled substance, for
abuse of alcohol, or for other illegal or disruptive activity.
(B) Drug testing.--The Secretary shall require drug testing
of all enrollees for controlled substances in accordance with
procedures prescribed by the Secretary under section 145(a).
(C) Definitions.--In this paragraph:
(i) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(ii) Zero tolerance policy.--The term ``zero tolerance
policy'' means a policy under which an enrollee shall be
automatically dismissed from the Job Corps after a
determination by the director that the enrollee has carried
out an action described in subparagraph (A).
(c) Appeal.--A disciplinary measure taken by a director under this
section shall be subject to expeditious appeal in accordance with
procedures established by the Secretary.

beacc3d94a1d6fd05ae9d66f2f33bfd38cb9f819c9598b0b2a527d1aa9715eff

(a) Business and Community Participation.--The director of each Job
Corps center shall ensure the establishment and development of the
mutually beneficial business and community relationships and networks
described in subsection (b), including the use of local boards, in
order to enhance the effectiveness of such centers.
(b) Networks.--The activities carried out by each Job Corps center
under this section shall include--
(1) establishing and developing relationships and networks
with--
(A) local and distant employers, to the extent practicable,
in coordination with entities carrying out other Federal and
non-Federal programs that conduct similar outreach to
employers;
(B) applicable one-stop centers and applicable local
boards, for the purpose of providing--
(i) information to, and referral of, potential
enrollees; and
(ii) job opportunities for Job Corps graduates; and
(C)(i) entities carrying out relevant apprenticeship
programs and youth programs;
(ii) labor-management organizations and local labor
organizations;
(iii) employers and contractors that support national
training contractor programs; and
(iv) community-based organizations, non-profit
organizations, and intermediaries providing workforce
development-related services; and
(2) establishing and developing relationships with members of
the community in which the Job Corps center is located, informing
members of the community about the projects of the Job Corps center
and changes in the rules, procedures, or activities of the center
that may affect the community, and planning events of mutual
interest to the community and the Job Corps center.
(c) New Centers.--The director of a Job Corps center that is not
yet operating shall ensure the establishment and development of the
relationships and networks described in subsection (b) at least 3
months prior to the date on which the center accepts the first enrollee
at the center.

0e574e0e0555e30859a7f22e2ea11caf2688d1b69b4af4dd27d2198a753a83ad

(a) In General.--Each Job Corps center shall have a workforce
council, appointed by the director of the center, in accordance with
procedures established by the Secretary.
(b) Workforce Council Composition.--
(1) In general.--A workforce council shall be comprised of--
(A) a majority of members who shall be owners of business
concerns, chief executives or chief operating officers of
nongovernmental employers, or other private sector employers,
who--
(i) have substantial management, hiring, or policy
responsibility; and
(ii) represent businesses with employment opportunities
that reflect the employment opportunities of the applicable
local areas in which enrollees will be seeking employment;
(B) representatives of labor organizations (where present)
and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) Local board.--The workforce council may include members of
the applicable local boards who meet the requirements described in
paragraph (1).
(3) Employers outside of local area.--The workforce council for
a Job Corps center may include, or otherwise provide for
consultation with, employers from outside the local area who are
likely to hire a significant number of enrollees from the Job Corps
center.
(4) Special rule for single state local areas.--In the case of
a single State local area designated under section 106(d), the
workforce council shall include a representative of the State
Board.
(c) Responsibilities.--The responsibilities of the workforce
council shall be--
(1) to work closely with all applicable local boards in order
to determine, and recommend to the Secretary, appropriate career
and technical education and training for the center;
(2) to review all the relevant labor market information,
including related information in the State plan or the local plan,
to--
(A) recommend the in-demand industry sectors or occupations
in the area in which the Job Corps center operates;
(B) determine the employment opportunities in the local
areas in which the enrollees intend to seek employment after
graduation;
(C) determine the skills and education that are necessary
to obtain the employment opportunities; and
(D) recommend to the Secretary the type of career and
technical education and training that should be implemented at
the center to enable the enrollees to obtain the employment
opportunities; and
(3) to meet at least once every 6 months to reevaluate the
labor market information, and other relevant information, to
determine, and recommend to the Secretary, any necessary changes in
the career and technical education and training provided at the
center.
(d) New Centers.--The workforce council for a Job Corps center that
is not yet operating shall carry out the responsibilities described in
subsection (c) at least 3 months prior to the date on which the center
accepts the first enrollee at the center.

66e659761ded6cf86935af8c149e28726aa51743f3611d3e9d4d74c5bf3ff596

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.

2316c22cb8a2dd57c34c8aa5a3a42d2f62b0866bb0049f7a6c4d525131fe4d9b

(a) Projects.--The Secretary may carry out experimental, research,
or demonstration projects relating to carrying out the Job Corps
program. The Secretary may waive any provisions of this subtitle that
the Secretary finds would prevent the Secretary from carrying out the
projects if the Secretary informs the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, in writing, not less than
90 days in advance of issuing such waiver.
(b) Technical Assistance.--From the funds provided under section
162 (for the purposes of administration), the Secretary may reserve \1/
4\ of 1 percent to provide, directly or through grants, contracts, or
other agreements or arrangements as the Secretary considers
appropriate, technical assistance for the Job Corps program for the
purpose of improving program quality. Such assistance shall include--
(1) assisting Job Corps centers and programs--
(A) in correcting deficiencies under, and violations of,
this subtitle;
(B) in meeting or exceeding the expected levels of
performance under section 159(c)(1) for the indicators of
performance described in section 116(b)(2)(A);
(C) in the development of sound management practices,
including financial management procedures; and
(2) assisting entities, including entities not currently
operating a Job Corps center, in developing the additional
selection factors information described in section 147(a)(3).

8fb7bc588bb3895518f72db7ffdb26c0dd08ee96da4d01dbd7cf93f5efd839d5

(a) Enrollees Not Considered To Be Federal Employees.--
(1) In general.--Except as otherwise provided in this
subsection and in section 8143(a) of title 5, United States Code,
enrollees shall not be considered to be Federal employees and shall
not be subject to the provisions of law relating to Federal
employment, including such provisions regarding hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(2) Provisions relating to taxes and social security
benefits.--For purposes of the Internal Revenue Code of 1986 and
title II of the Social Security Act (42 U.S.C. 401 et seq.),
enrollees shall be deemed to be employees of the United States and
any service performed by an individual as an enrollee shall be
deemed to be performed in the employ of the United States.
(3) Provisions relating to compensation to federal employees
for work injuries.--For purposes of subchapter I of chapter 81 of
title 5, United States Code (relating to compensation to Federal
employees for work injuries), enrollees shall be deemed to be civil
employees of the Government of the United States within the meaning
of the term ``employee'' as defined in section 8101 of title 5,
United States Code, and the provisions of such subchapter shall
apply as specified in section 8143(a) of title 5, United States
Code.
(4) Federal tort claims provisions.--For purposes of the
Federal tort claims provisions in title 28, United States Code,
enrollees shall be considered to be employees of the Government.
(b) Adjustments and Settlements.--Whenever the Secretary finds a
claim for damages to a person or property resulting from the operation
of the Job Corps to be a proper charge against the United States, and
the claim is not cognizable under section 2672 of title 28, United
States Code, the Secretary may adjust and settle the claim in an amount
not exceeding $1,500.
(c) Personnel of the Uniformed Services.--Personnel of the
uniformed services who are detailed or assigned to duty in the
performance of agreements made by the Secretary for the support of the
Job Corps shall not be counted in computing strength under any law
limiting the strength of such services or in computing the percentage
authorized by law for any grade in such services.

49d546796cd6022c9a8b4cc785542bc3538118a53bc1ea18d5f59a5c14bdf10a

(a) Enrollment.--The Secretary shall ensure that women and men have
an equal opportunity to participate in the Job Corps program,
consistent with section 145.
(b) Studies, Evaluations, Proposals, and Data.--The Secretary shall
assure that all studies, evaluations, proposals, and data produced or
developed with Federal funds in the course of carrying out the Job
Corps program shall become the property of the United States.
(c) Transfer of Property.--
(1) In general.--Notwithstanding chapter 5 of title 40, United
States Code, and any other provision of law, the Secretary and the
Secretary of Education shall receive priority by the Secretary of
Defense for the direct transfer, on a nonreimbursable basis, of the
property described in paragraph (2) for use in carrying out
programs under this Act or under any other Act.
(2) Property.--The property described in this paragraph is real
and personal property under the control of the Department of
Defense that is not used by such Department, including property
that the Secretary of Defense determines is in excess of current
and projected requirements of such Department.
(d) Gross Receipts.--Transactions conducted by a private for-profit
or nonprofit entity that is an operator or service provider for a Job
Corps center shall not be considered to be generating gross receipts.
Such an operator or service provider shall not be liable, directly or
indirectly, to any State or subdivision of a State (nor to any person
acting on behalf of such a State or subdivision) for any gross receipts
taxes, business privilege taxes measured by gross receipts, or any
similar taxes imposed on, or measured by, gross receipts in connection
with any payments made to or by such entity for operating or providing
services to a Job Corps center. Such an operator or service provider
shall not be liable to any State or subdivision of a State to collect
or pay any sales, excise, use, or similar tax imposed on the sale to or
use by such operator or service provider of any property, service, or
other item in connection with the operation of or provision of services
to a Job Corps center.
(e) Management Fee.--The Secretary shall provide each operator and
(in an appropriate case, as determined by the Secretary) service
provider with an equitable and negotiated management fee of not less
than 1 percent of the amount of the funding provided under the
appropriate agreement specified in section 147.
(f) Donations.--The Secretary may accept on behalf of the Job Corps
or individual Job Corps centers charitable donations of cash or other
assistance, including equipment and materials, if such donations are
available for appropriate use for the purposes set forth in this
subtitle.
(g) Sale of Property.--Notwithstanding any other provision of law,
if the Administrator of General Services sells a Job Corps center
facility, the Administrator shall transfer the proceeds from the sale
to the Secretary, who shall use the proceeds to carry out the Job Corps
program.

082c6c9ce755fb6998674c24e19931bec10b0fc2905d47ad098da1c12c4b6482

(a) Financial Management Information System.--
(1) In general.--The Secretary shall establish procedures to
ensure that each operator, and each service provider, maintains a
financial management information system that will provide--
(A) accurate, complete, and current disclosures of the
costs of Job Corps operations; and
(B) sufficient data for the effective evaluation of
activities carried out through the Job Corps program.
(2) Accounts.--Each operator and service provider shall
maintain funds received under this subtitle in accounts in a manner
that ensures timely and accurate reporting as required by the
Secretary.
(3) Fiscal responsibility.--Operators shall remain fiscally
responsible and control costs, regardless of whether the funds made
available for Job Corps centers are incrementally increased or
decreased between fiscal years.
(b) Audit.--
(1) Access.--The Secretary, the Inspector General of the
Department of Labor, the Comptroller General of the United States,
and any of their duly authorized representatives, shall have access
to any books, documents, papers, and records of the operators and
service providers described in subsection (a) that are pertinent to
the Job Corps program, for purposes of conducting surveys, audits,
and evaluations of the operators and service providers.
(2) Surveys, audits, and evaluations.--The Secretary shall
survey, audit, or evaluate, or arrange for the survey, audit, or
evaluation of, the operators and service providers, using Federal
auditors or independent public accountants. The Secretary shall
conduct such surveys, audits, or evaluations not less often than
once every 3 years.
(c) Information on Indicators of Performance.--
(1) Levels of performance and indicators.--The Secretary shall
annually establish expected levels of performance for a Job Corps
center and the Job Corps program relating to each of the primary
indicators of performance for eligible youth described in section
116(b)(2)(A)(ii).
(2) Performance of recruiters.--The Secretary shall also
establish performance indicators, and expected levels of
performance on the performance indicators, for recruitment service
providers serving the Job Corps program. The performance indicators
shall relate to--
(A) the number of enrollees recruited, compared to the
established goals for such recruitment, and the number of
enrollees who remain committed to the program for 90 days after
enrollment; and
(B) the measurements described in subparagraphs (I), (L),
and (M) of subsection (d)(1).
(3) Performance of career transition service providers.--The
Secretary shall also establish performance indicators, and expected
performance levels on the performance indicators, for career
transition service providers serving the Job Corps program. The
performance indicators shall relate to--
(A) the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii); and
(B) the measurements described in subparagraphs (D), (E),
(H), (J), and (K) of subsection (d)(1).
(4) Report.--The Secretary shall collect, and annually submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report including--
(A) information on the performance of each Job Corps
center, and the Job Corps program, based on the performance
indicators described in paragraph (1), as compared to the
expected level of performance established under such paragraph
for each performance indicator; and
(B) information on the performance of the service providers
described in paragraphs (2) and (3) on the performance
indicators established under such paragraphs, as compared to
the expected level of performance established for each
performance indicator.
(d) Additional Information.--
(1) In general.--The Secretary shall also collect, and submit
in the report described in subsection (c)(4), information on the
performance of each Job Corps center, and the Job Corps program,
regarding--
(A) the number of enrollees served;
(B) demographic information on the enrollees served,
including age, race, gender, and education and income level;
(C) the number of graduates of a Job Corps center;
(D) the number of graduates who entered the Armed Forces;
(E) the number of graduates who entered apprenticeship
programs;
(F) the number of graduates who received a regular
secondary school diploma;
(G) the number of graduates who received a State recognized
equivalent of a secondary school diploma;
(H) the number of graduates who entered unsubsidized
employment related to the career and technical education and
training received through the Job Corps program and the number
who entered unsubsidized employment not related to the
education and training received;
(I) the percentage and number of former enrollees,
including the number dismissed under the zero tolerance policy
described in section 152(b);
(J) the percentage and number of graduates who enter
postsecondary education;
(K) the average wage of graduates who enter unsubsidized
employment--
(i) on the first day of such employment; and
(ii) on the day that is 6 months after such first day;
(L) the percentages of enrollees described in subparagraphs
(A) and (B) of section 145(c)(1), as compared to the percentage
targets established by the Secretary under such section for the
center;
(M) the cost per enrollee, which is calculated by comparing
the number of enrollees at the center in a program year to the
total budget for such center in the same program year;
(N) the cost per graduate, which is calculated by comparing
the number of graduates of the center in a program year
compared to the total budget for such center in the same
program year; and
(O) any additional information required by the Secretary.
(2) Rules for reporting of data.--The disaggregation of data
under this subsection shall not be required when the number of
individuals in a category is insufficient to yield statistically
reliable information or when the results would reveal personally
identifiable information about an individual.
(e) Methods.--The Secretary shall collect the information described
in subsections (c) and (d), using methods described in section
116(i)(2) and consistent with State law, by entering into agreements
with the States to access such data for Job Corps enrollees, former
enrollees, and graduates.
(f) Performance Assessments and Improvements.--
(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based on
the assessment, the Secretary shall take measures to continuously
improve the performance of the Job Corps program.
(2) Performance improvement.--With respect to a Job Corps
center that fails to meet the expected levels of performance
relating to the primary indicators of performance specified in
subsection (c)(1), the Secretary shall develop and implement a
performance improvement plan. Such a plan shall require action to
be taken during a 1-year period, including--
(A) providing technical assistance to the center;
(B) changing the career and technical education and
training offered at the center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) Additional performance improvement.--In addition to the
performance improvement plans required under paragraph (2), the
Secretary may develop and implement additional performance
improvement plans. Such a plan shall require improvements,
including the actions described in such paragraph, for a Job Corps
center that fails to meet criteria established by the Secretary
other than the expected levels of performance described in such
paragraph.
(4) Civilian conservation centers.--With respect to a Civilian
Conservation Center that fails to meet the expected levels of
performance relating to the primary indicators of performance
specified in subsection (c)(1) or fails to improve performance as
described in paragraph (2) after 3 program years, the Secretary, in
consultation with the Secretary of Agriculture, shall select an
entity to operate the Civilian Conservation Center on a competitive
basis, in accordance with the requirements of section 147.
(g) Participant Health and Safety.--
(1) Center.--The Secretary shall ensure that a review by an
appropriate Federal, State, or local entity of the physical
condition and health-related activities of each Job Corps center
occurs annually.
(2) Work-based learning locations.--The Secretary shall require
that an entity that has entered into a contract to provide work-
based learning activities for any Job Corps enrollee under this
subtitle shall comply with the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.) or, as appropriate, under the
corresponding State Occupational Safety and Health Act of 1970
requirements in the State in which such activities occur.
(h) Buildings and Facilities.--The Secretary shall collect, and
submit in the report described in subsection (c)(4), information
regarding the state of Job Corps buildings and facilities. Such report
shall include--
(1) a review of requested construction, rehabilitation, and
acquisition projects, by each Job Corps center; and
(2) a review of new facilities under construction.
(i) National and Community Service.--The Secretary shall include in
the report described in subsection (c)(4) available information
regarding the national and community service activities of enrollees,
particularly those enrollees at Civilian Conservation Centers.
(j) Closure of Job Corps Center.--Prior to the closure of any Job
Corps center, the Secretary shall ensure--
(1) that the proposed decision to close the center is announced
in advance to the general public through publication in the Federal
Register or other appropriate means;
(2) the establishment of a reasonable comment period, not to
exceed 30 days, for interested individuals to submit written
comments to the Secretary; and
(3) that the Member of Congress who represents the district in
which such center is located is notified within a reasonable period
of time in advance of any final decision to close the center.

c31a06cb5a694e2a0fe6771becfc0c8c035ee6c2af8b4118c48e6263cd643638

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

aa6d464ae71923dc0fd060579fb6611127a7c8a5cc3e9f434da872d0bbb3a4c6

(a) Temporary Financial Reporting.--
(1) In general.--During the periods described in paragraphs (2)
and (3)(B), the Secretary shall prepare and submit to the
applicable committees financial reports regarding the Job Corps
program under this subtitle. Each such financial report shall
include--
(A) information regarding the implementation of the
financial oversight measures suggested in the May 31, 2013,
report of the Office of Inspector General of the Department of
Labor entitled ``The U.S. Department of Labor's Employment and
Training Administration Needs to Strengthen Controls over Job
Corps Funds'';
(B) a description of any budgetary shortfalls for the
program for the period covered by the financial report, and the
reasons for such shortfalls; and
(C) a description and explanation for any approval for
contract expenditures that are in excess of the amounts
provided for under the contract.
(2) Timing of reports.--The Secretary shall submit a financial
report under paragraph (1) once every 6 months beginning on the
date of enactment of this Act, for a 3-year period. After the
completion of such 3-year period, the Secretary shall submit a
financial report under such paragraph once a year for the next 2
years, unless additional reports are required under paragraph
(3)(B).
(3) Reporting requirements in cases of budgetary shortfalls.--
If any financial report required under this subsection finds that
the Job Corps program under this subtitle has a budgetary shortfall
for the period covered by the report, the Secretary shall--
(A) not later than 90 days after the budgetary shortfall
was identified, submit a report to the applicable committees
explaining how the budgetary shortfall will be addressed; and
(B) submit an additional financial report under paragraph
(1) for each 6-month period subsequent to the finding of the
budgetary shortfall until the Secretary demonstrates, through
such report, that the Job Corps program has no budgetary
shortfall.
(b) Third-party Review.--Every 5 years after the date of enactment
of this Act, the Secretary shall provide for a third-party review of
the Job Corps program under this subtitle that addresses all of the
areas described in subparagraphs (A) through (G) of section 169(a)(2).
The results of the review shall be submitted to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate.
(c) Criteria for Job Corps Center Closures.--By not later than
December 1, 2014, the Secretary shall establish written criteria that
the Secretary shall use to determine when a Job Corps center supported
under this subtitle is to be closed and how to carry out such closure,
and shall submit such criteria to the applicable committees.
(d) Definition of Applicable Committees.--In this section, the term
``applicable committees'' means--
(1) the Committee on Education and the Workforce of the House
of Representatives;
(2) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of Appropriations
of the House of Representatives;
(3) the Committee on Health, Education, Labor, and Pensions of
the Senate; and
(4) the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies of the Committee of Appropriations
of the Senate.

ccf5f9e5b79952ec83d893a1f4b7f3d91ead556c85c38edcccd1ee2856f79d7c

There are authorized to be appropriated to carry out this
subtitle--
(1) $1,688,155,000 for fiscal year 2015;
(2) $1,818,548,000 for fiscal year 2016;
(3) $1,856,283,000 for fiscal year 2017;
(4) $1,897,455,000 for fiscal year 2018;
(5) $1,942,064,000 for fiscal year 2019; and
(6) $1,983,236,000 for fiscal year 2020.
Subtitle D--National Programs

542d6053aedeebc27cca5208ec3fa2ad22d6ee56ce3797fc8ff8adba61a05575

(a) Purpose.--
(1) In general.--The purpose of this section is to support
employment and training activities for Indian, Alaska Native, and
Native Hawaiian individuals in order--
(A) to develop more fully the academic, occupational, and
literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce and to equip them with the entrepreneurial skills
necessary for successful self-employment; and
(C) to promote the economic and social development of
Indian, Alaska Native, and Native Hawaiian communities in
accordance with the goals and values of such communities.
(2) Indian policy.--All programs assisted under this section
shall be administered in a manner consistent with the principles of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) and the government-to-government relationship
between the Federal Government and Indian tribal governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native'' includes a
Native and a descendant of a Native, as such terms are defined in
subsections (b) and (r) of section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b), (r)).
(2) Indian, indian tribe, and tribal organization.--The terms
``Indian'', ``Indian tribe'', and ``tribal organization'' have the
meanings given such terms in subsections (d), (e), and (l),
respectively, of section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian and native hawaiian organization.--The
terms ``Native Hawaiian'' and ``Native Hawaiian organization'' have
the meanings given such terms in section 7207 of the Native
Hawaiian Education Act (20 U.S.C. 7517).
(c) Program Authorized.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts or
cooperative agreements with, Indian tribes, tribal organizations,
Alaska Native entities, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations to carry out the authorized
activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Funds made available under subsection (c)
shall be used to carry out the activities described in paragraph
(2) that--
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians, Alaska
Natives, or Native Hawaiians preparing to enter, reenter, or
retain unsubsidized employment leading to self-sufficiency.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under subsection (c)
shall be used for--
(i) comprehensive workforce development activities for
Indians, Alaska Natives, or Native Hawaiians, including
training on entrepreneurial skills; or
(ii) supplemental services for Indian, Alaska Native,
or Native Hawaiian youth on or near Indian reservations and
in Oklahoma, Alaska, or Hawaii.
(B) Special rule.--Notwithstanding any other provision of
this section, individuals who were eligible to participate in
programs under section 401 of the Job Training Partnership Act
(as such section was in effect on the day before the date of
enactment of the Workforce Investment Act of 1998) shall be
eligible to participate in an activity assisted under this
section.
(e) Program Plan.--In order to receive a grant or enter into a
contract or cooperative agreement under this section, an entity
described in subsection (c) shall submit to the Secretary a program
plan that describes a 4-year strategy for meeting the needs of Indian,
Alaska Native, or Native Hawaiian individuals, as appropriate, in the
area served by such entity. Such plan shall--
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the activities to
be provided will strengthen the ability of the individuals served
to obtain or retain unsubsidized employment leading to self-
sufficiency;
(4) describe the activities to be provided and the manner in
which such activities are to be integrated with other appropriate
activities; and
(5) describe, after the entity submitting the plan consults
with the Secretary, the performance accountability measures to be
used to assess the performance of entities in carrying out the
activities assisted under this section, which shall include the
primary indicators of performance described in section 116(b)(2)(A)
and expected levels of performance for such indicators, in
accordance with subsection (h).
(f) Consolidation of Funds.--Each entity receiving assistance under
subsection (c) may consolidate such assistance with assistance received
from related programs in accordance with the provisions of the Indian
Employment, Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.).
(g) Nonduplicative and Nonexclusive Services.--Nothing in this
section shall be construed--
(1) to limit the eligibility of any entity described in
subsection (c) to participate in any activity offered by a State or
local entity under this Act; or
(2) to preclude or discourage any agreement, between any entity
described in subsection (c) and any State or local entity, to
facilitate the provision of services by such entity or to the
population served by such entity.
(h) Performance Accountability Measures.--
(1) Additional performance indicators and standards.--
(A) Development of indicators and standards.--The
Secretary, in consultation with the Native American Employment
and Training Council, shall develop a set of performance
indicators and standards that is in addition to the primary
indicators of performance described in section 116(b)(2)(A) and
that shall be applicable to programs under this section.
(B) Special considerations.--Such performance indicators
and standards shall take into account--
(i) the purpose of this section as described in
subsection (a)(1);
(ii) the needs of the groups served by this section,
including the differences in needs among such groups in
various geographic service areas; and
(iii) the economic circumstances of the communities
served, including differences in circumstances among
various geographic service areas.
(2) Agreement on adjusted levels of performance.--The Secretary
and the entity described in subsection (c) shall reach agreement on
the levels of performance for each of the primary indicators of
performance described in section 116(b)(2)(A), taking into account
economic conditions, characteristics of the individuals served, and
other appropriate factors and using, to the extent practicable, the
statistical adjustment model under section 116(b)(3)(A)(viii). The
levels agreed to shall be the adjusted levels of performance and
shall be incorporated in the program plan.
(i) Administrative Provisions.--
(1) Organizational unit established.--The Secretary shall
designate a single organizational unit within the Department of
Labor that shall have primary responsibility for the administration
of the activities authorized under this section.
(2) Regulations.--The Secretary shall consult with the entities
described in subsection (c) in--
(A) establishing regulations to carry out this section,
including regulations relating to the performance
accountability measures for entities receiving assistance under
this section; and
(B) developing a funding distribution plan that takes into
consideration previous levels of funding (prior to the date of
enactment of this Act) to such entities.
(3) Waivers.--
(A) In general.--With respect to an entity described in
subsection (c), the Secretary, notwithstanding any other
provision of law, may, pursuant to a request submitted by such
entity that meets the requirements established under
subparagraph (B), waive any of the statutory or regulatory
requirements of this title that are inconsistent with the
specific needs of the entity described in such subsection,
except that the Secretary may not waive requirements relating
to wage and labor standards, worker rights, participation and
protection of workers and participants, grievance procedures,
and judicial review.
(B) Request and approval.--An entity described in
subsection (c) that requests a waiver under subparagraph (A)
shall submit a plan to the Secretary to improve the program of
workforce investment activities carried out by the entity,
which plan shall meet the requirements established by the
Secretary and shall be generally consistent with the
requirements of section 189(i)(3)(B).
(4) Advisory council.--
(A) In general.--Using funds made available to carry out
this section, the Secretary shall establish a Native American
Employment and Training Council to facilitate the consultation
described in paragraph (2) and to provide the advice described
in subparagraph (C).
(B) Composition.--The Council shall be composed of
individuals, appointed by the Secretary, who are
representatives of the entities described in subsection (c).
(C) Duties.--The Council shall advise the Secretary on the
operation and administration of the programs assisted under
this section, including the selection of the individual
appointed as head of the unit established under paragraph (1).
(D) Personnel matters.--
(i) Compensation of members.--Members of the Council
shall serve without compensation.
(ii) Travel expenses.--The members of the Council shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Council.
(iii) Administrative support.--The Secretary shall
provide the Council with such administrative support as may
be necessary to perform the functions of the Council.
(E) Chairperson.--The Council shall select a chairperson
from among its members.
(F) Meetings.--The Council shall meet not less than twice
each year.
(G) Application.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
(5) Technical assistance.--The Secretary, acting through the
unit established under paragraph (1), is authorized to provide
technical assistance to entities described in subsection (c) that
receive assistance under such subsection to enable such entities to
improve the activities authorized under this section that are
provided by such entities.
(6) Agreement for certain federally recognized indian tribes to
transfer funds to the program.--A federally recognized Indian tribe
that administers funds provided under this section and funds
provided by more than one State under other sections of this title
may enter into an agreement with the Secretary and the Governors of
the affected States to transfer the funds provided by the States to
the program administered by the tribe under this section.
(j) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts and cooperative agreements
entered into under this section shall be subject to the requirements of
chapter 75 of subtitle V of title 31, United States Code, and charging
of costs under this section shall be subject to appropriate circulars
issued by the Office of Management and Budget.
(k) Assistance to Unique Populations in Alaska and Hawaii.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary is authorized to award grants, on a competitive
basis, to entities with demonstrated experience and expertise in
developing and implementing programs for the unique populations who
reside in Alaska or Hawaii, including public and private nonprofit
organizations, tribal organizations, American Indian tribal
colleges or universities, institutions of higher education, or
consortia of such organizations or institutions, to improve job
training and workforce investment activities for such unique
populations.
(2) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection--
(A) $461,000 for fiscal year 2015;
(B) $497,000 for fiscal year 2016;
(C) $507,000 for fiscal year 2017;
(D) $518,000 for fiscal year 2018;
(E) $530,000 for fiscal year 2019; and
(F) $542,000 for fiscal year 2020.

da4eca8e648eaa1e61572a4b02f1d82a8e20123cb2ae46e462513ecd28bc220a

(a) In General.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts with,
eligible entities to carry out the activities described in subsection
(d).
(b) Eligible Entities.--To be eligible to receive a grant or enter
into a contract under this section, an entity shall have an
understanding of the problems of eligible migrant and seasonal
farmworkers (including dependents), a familiarity with the area to be
served, and the ability to demonstrate a capacity to administer and
deliver effectively a diversified program of workforce investment
activities (including youth workforce investment activities) and
related assistance for eligible migrant and seasonal farmworkers.
(c) Program Plan.--
(1) In general.--To be eligible to receive a grant or enter
into a contract under this section, an entity described in
subsection (b) shall submit to the Secretary a plan that describes
a 4-year strategy for meeting the needs of eligible migrant and
seasonal farmworkers in the area to be served by such entity.
(2) Contents.--Such plan shall--
(A) describe the population to be served and identify the
education and employment needs of the population to be served
and the manner in which the services to be provided will
strengthen the ability of the eligible migrant and seasonal
farmworkers and dependents to obtain or retain unsubsidized
employment, or stabilize their unsubsidized employment,
including upgraded employment in agriculture;
(B) describe the related assistance and supportive services
to be provided and the manner in which such assistance and
services are to be integrated and coordinated with other
appropriate services;
(C) describe the performance accountability measures to be
used to assess the performance of such entity in carrying out
the activities assisted under this section, which shall include
the expected levels of performance for the primary indicators
of performance described in section 116(b)(2)(A);
(D) describe the availability and accessibility of local
resources, such as supportive services, services provided
through one-stop delivery systems, and education and training
services, and how the resources can be made available to the
population to be served; and
(E) describe the plan for providing services under this
section, including strategies and systems for outreach, career
planning, assessment, and delivery through one-stop delivery
systems.
(3) Agreement on adjusted levels of performance.--The Secretary
and the entity described in subsection (b) shall reach agreement on
the levels of performance for each of the primary indicators of
performance described in section 116(b)(2)(A), taking into account
economic conditions, characteristics of the individuals served, and
other appropriate factors, and using, to the extent practicable,
the statistical adjustment model under section 116(b)(3)(A)(viii).
The levels agreed to shall be the adjusted levels of performance
and shall be incorporated in the program plan.
(4) Administration.--Grants and contracts awarded under this
section shall be centrally administered by the Department of Labor
and competitively awarded by the Secretary using procedures
consistent with standard Federal Government competitive procurement
policies.
(d) Authorized Activities.--Funds made available under this section
and section 127(a)(1) shall be used to carry out workforce investment
activities (including youth workforce investment activities) and
provide related assistance for eligible migrant and seasonal
farmworkers, which may include--
(1) outreach, employment, training, educational assistance,
literacy assistance, English language and literacy instruction,
pesticide and worker safety training, housing (including permanent
housing), supportive services, and school dropout prevention and
recovery activities;
(2) followup services for those individuals placed in
employment;
(3) self-employment and related business or micro-enterprise
development or education as needed by eligible individuals as
identified pursuant to the plan required by subsection (c);
(4) customized career and technical education in occupations
that will lead to higher wages, enhanced benefits, and long-term
employment in agriculture or another area; and
(5) technical assistance to improve coordination of services
and implement best practices relating to service delivery through
one-stop delivery systems.
(e) Consultation With Governors and Local Boards.--In making grants
and entering into contracts under this section, the Secretary shall
consult with the Governors and local boards of the States in which the
eligible entities will carry out the activities described in subsection
(d).
(f) Regulations.--The Secretary shall consult with eligible migrant
and seasonal farmworkers groups and States in establishing regulations
to carry out this section, including regulations relating to how
economic and demographic barriers to employment of eligible migrant and
seasonal farmworkers should be considered and included in the
negotiations leading to the adjusted levels of performance described in
subsection (c)(3).
(g) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts entered into under this section
shall be subject to the requirements of chapter 75 of subtitle V of
title 31, United States Code and charging of costs under this section
shall be subject to appropriate circulars issued by the Office of
Management and Budget.
(h) Funding Allocation.--From the funds appropriated and made
available to carry out this section, the Secretary shall reserve not
more than 1 percent for discretionary purposes, such as providing
technical assistance to eligible entities.
(i) Definitions.--In this section:
(1) Eligible migrant and seasonal farmworkers.--The term
``eligible migrant and seasonal farmworkers'' means individuals who
are eligible migrant farmworkers or are eligible seasonal
farmworkers.
(2) Eligible migrant farmworker.--The term ``eligible migrant
farmworker'' means--
(A) an eligible seasonal farmworker described in paragraph
(3)(A) whose agricultural labor requires travel to a job site
such that the farmworker is unable to return to a permanent
place of residence within the same day; and
(B) a dependent of the farmworker described in subparagraph
(A).
(3) Eligible seasonal farmworker.--The term ``eligible seasonal
farmworker'' means--
(A) a low-income individual who--
(i) for 12 consecutive months out of the 24 months
prior to application for the program involved, has been
primarily employed in agricultural or fish farming labor
that is characterized by chronic unemployment or
underemployment; and
(ii) faces multiple barriers to economic self-
sufficiency; and
(B) a dependent of the person described in subparagraph
(A).

50317a4b9570ef3615a3ec88a7e1e526f7e24d20dc2bcbbe4138750a2f97384b

(a) General Technical Assistance.--
(1) In general.--The Secretary shall ensure that the Department
has sufficient capacity to, and does, provide, coordinate, and
support the development of, appropriate training, technical
assistance, staff development, and other activities, including--
(A) assistance in replicating programs of demonstrated
effectiveness, to States and localities;
(B) the training of staff providing rapid response
services;
(C) the training of other staff of recipients of funds
under this title, including the staff of local boards and State
boards;
(D) the training of members of State boards and local
boards;
(E) assistance in the development and implementation of
integrated, technology-enabled intake and case management
information systems for programs carried out under this Act and
programs carried out by one-stop partners, such as standard
sets of technical requirements for the systems, offering
interfaces that States could use in conjunction with their
current (as of the first date of implementation of the systems)
intake and case management information systems that would
facilitate shared registration across programs;
(F) assistance regarding accounting and program operations
to States and localities (when such assistance would not
supplant assistance provided by the State);
(G) peer review activities under this title; and
(H) in particular, assistance to States in making
transitions to implement the provisions of this Act.
(2) Form of assistance.--
(A) In general.--In order to carry out paragraph (1) on
behalf of a State or recipient of financial assistance under
section 166 or 167, the Secretary, after consultation with the
State or grant recipient, may award grants or enter into
contracts or cooperative agreements.
(B) Limitation.--Grants or contracts awarded under
paragraph (1) to entities other than States or local units of
government that are for amounts in excess of $100,000 shall
only be awarded on a competitive basis.
(b) Dislocated Worker Technical Assistance.--
(1) Authority.--Of the amounts available pursuant to section
132(a)(2)(A), the Secretary shall reserve not more than 5 percent
of such amounts to provide technical assistance to States that do
not meet the State performance accountability measures for the
primary indicators of performance described in section
116(b)(2)(A)(i) with respect to employment and training activities
for dislocated workers. Using such reserved funds, the Secretary
may provide such assistance to other States, local areas, and other
entities involved in providing assistance to dislocated workers, to
promote the continuous improvement of assistance provided to
dislocated workers, under this title.
(2) Training.--Amounts reserved under this subsection may be
used to provide for the training of staff, including specialists,
who provide rapid response services. Such training shall include
instruction in proven methods of promoting, establishing, and
assisting labor-management committees. Such projects shall be
administered through the Employment and Training Administration of
the Department.
(c) Promising and Proven Practices Coordination.--The Secretary
shall--
(1) establish a system through which States may share
information regarding promising and proven practices with regard to
the operation of workforce investment activities under this Act;
(2) evaluate and disseminate information regarding such
promising and proven practices and identify knowledge gaps; and
(3) commission research under section 169(b) to address
knowledge gaps identified under paragraph (2).

b17b2cf5230ceff8ae395752a5928d1191cf3a47cb41cdabbb280646a2ccf65d

(a) Evaluations.--
(1) Evaluations of programs and activities carried out under
this title.--
(A) In general.--For the purpose of improving the
management and effectiveness of programs and activities carried
out under this title, the Secretary, through grants, contracts,
or cooperative agreements, shall provide for the continuing
evaluation of the programs and activities under this title,
including those programs and activities carried out under this
section.
(B) Periodic independent evaluation.--The evaluations
carried out under this paragraph shall include an independent
evaluation, at least once every 4 years, of the programs and
activities carried out under this title.
(2) Evaluation subjects.--Each evaluation carried out under
paragraph (1) shall address--
(A) the general effectiveness of such programs and
activities in relation to their cost, including the extent to
which the programs and activities--
(i) improve the employment competencies of participants
in comparison to comparably-situated individuals who did
not participate in such programs and activities; and
(ii) to the extent feasible, increase the level of
total employment over the level that would have existed in
the absence of such programs and activities;
(B) the effectiveness of the performance accountability
measures relating to such programs and activities;
(C) the effectiveness of the structure and mechanisms for
delivery of services through such programs and activities,
including the coordination and integration of services through
such programs and activities;
(D) the impact of such programs and activities on the
community, businesses, and participants involved;
(E) the impact of such programs and activities on related
programs and activities;
(F) the extent to which such programs and activities meet
the needs of various demographic groups; and
(G) such other factors as may be appropriate.
(3) Evaluations of other programs and activities.--The
Secretary may conduct evaluations of other federally funded
employment-related programs and activities under other provisions
of law.
(4) Techniques.--Evaluations conducted under this subsection
shall utilize appropriate and rigorous methodology and research
designs, including the use of control groups chosen by scientific
random assignment methodologies. The Secretary shall conduct at
least 1 multisite control group evaluation under this subsection by
the end of fiscal year 2019, and thereafter shall ensure that such
an analysis is included in the independent evaluation described in
paragraph (1)(B) that is conducted at least once every 4 years.
(5) Reports.--The entity carrying out an evaluation described
in paragraph (1) or (2) shall prepare and submit to the Secretary a
draft report and a final report containing the results of the
evaluation.
(6) Reports to congress.--Not later than 30 days after the
completion of a draft report under paragraph (5), the Secretary
shall transmit the draft report to the Committee on Education and
the Workforce of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate. Not later than
60 days after the completion of a final report under such
paragraph, the Secretary shall transmit the final report to such
committees.
(7) Public availability.--Not later than 30 days after the date
the Secretary transmits the final report as described in paragraph
(6), the Secretary shall make that final report available to the
general public on the Internet, on the Web site of the Department
of Labor.
(8) Publication of reports.--If an entity that enters into a
contract or other arrangement with the Secretary to conduct an
evaluation of a program or activity under this subsection requests
permission from the Secretary to publish a report resulting from
the evaluation, such entity may publish the report unless the
Secretary denies the request during the 90-day period beginning on
the date the Secretary receives such request.
(9) Coordination.--The Secretary shall ensure the coordination
of evaluations carried out by States pursuant to section 116(e)
with the evaluations carried out under this subsection.
(b) Research, Studies, and Multistate Projects.--
(1) In general.--After consultation with States, localities,
and other interested parties, the Secretary shall, every 2 years,
publish in the Federal Register, a plan that describes the
research, studies, and multistate project priorities of the
Department of Labor concerning employment and training for the 5-
year period following the submission of the plan. The plan shall be
consistent with the purposes of this title, including the purpose
of aligning and coordinating core programs with other one-stop
partner programs. Copies of the plan shall be transmitted to the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Health, Education, Labor, and
Pensions of the Senate, the Department of Education, and other
relevant Federal agencies.
(2) Factors.--The plan published under paragraph (1) shall
contain strategies to address national employment and training
problems and take into account factors such as--
(A) the availability of existing research (as of the date
of the publication);
(B) the need to ensure results that have interstate
validity;
(C) the benefits of economies of scale and the efficiency
of proposed projects; and
(D) the likelihood that the results of the projects will be
useful to policymakers and stakeholders in addressing
employment and training problems.
(3) Research projects.--The Secretary shall, through grants or
contracts, carry out research projects that will contribute to the
solution of employment and training problems in the United States
and that are consistent with the priorities specified in the plan
published under paragraph (1).
(4) Studies and reports.--
(A) Net impact studies and reports.--The Secretary of
Labor, in coordination with the Secretary of Education and
other relevant Federal agencies, may conduct studies to
determine the net impact and best practices of programs,
services, and activities carried out under this Act.
(B) Study on resources available to assist disconnected
youth.--The Secretary of Labor, in coordination with the
Secretary of Education, may conduct a study examining the
characteristics of eligible youth that result in such youth
being significantly disconnected from education and workforce
participation, the ways in which such youth could have greater
opportunities for education attainment and obtaining
employment, and the resources available to assist such youth in
obtaining the skills, credentials, and work experience
necessary to become economically self-sufficient.
(C) Study of effectiveness of workforce development system
in meeting business needs.--Using funds available to carry out
this subsection jointly with funds available to the Secretary
of Commerce, the Administrator of the Small Business
Administration, and the Secretary of Education, the Secretary
of Labor, in coordination with the Secretary of Commerce, the
Administrator of the Small Business Administration, and the
Secretary of Education, may conduct a study of the
effectiveness of the workforce development system in meeting
the needs of business, such as through the use of industry or
sector partnerships, with particular attention to the needs of
small business, including in assisting workers to obtain the
skills needed to utilize emerging technologies.
(D) Study on participants entering nontraditional
occupations.--The Secretary of Labor, in coordination with the
Secretary of Education, may conduct a study examining the
number and percentage of individuals who receive employment and
training activities and who enter nontraditional occupations,
successful strategies to place and support the retention of
individuals in nontraditional employment (such as by providing
post-placement assistance to participants in the form of exit
interviews, mentoring, networking, and leadership development),
and the degree to which recipients of employment and training
activities are informed of the possibility of, or directed to
begin, training or education needed for entrance into
nontraditional occupations.
(E) Study on performance indicators.--The Secretary of
Labor, in coordination with the Secretary of Education, may
conduct studies to determine the feasibility of, and potential
means to replicate, measuring the compensation, including the
wages, benefits, and other incentives provided by an employer,
received by program participants by using data other than or in
addition to data available through wage records, for potential
use as a performance indicator.
(F) Study on job training for recipients of public housing
assistance.--The Secretary of Labor, in coordination with the
Secretary of Housing and Urban Development, may conduct studies
to assist public housing authorities to provide, to recipients
of public housing assistance, job training programs that
successfully upgrade job skills and employment in, and access
to, jobs with opportunity for advancement and economic self-
sufficiency for such recipients.
(G) Study on improving employment prospects for older
individuals.--The Secretary of Labor, in coordination with the
Secretary of Education and the Secretary of Health and Human
Services, may conduct studies that lead to better design and
implementation of, in conjunction with employers, local boards
or State boards, community colleges or area career and
technical education schools, and other organizations, effective
evidence-based strategies to provide services to workers who
are low-income, low-skilled older individuals that increase the
workers' skills and employment prospects.
(H) Study on prior learning.--The Secretary of Labor, in
coordination with other heads of Federal agencies, as
appropriate, may conduct studies that, through convening
stakeholders from the fields of education, workforce, business,
labor, defense, and veterans services, and experts in such
fields, develop guidelines for assessing, accounting for, and
utilizing the prior learning of individuals, including
dislocated workers and veterans, in order to provide the
individuals with postsecondary educational credit for such
prior learning that leads to the attainment of a recognized
postsecondary credential identified under section 122(d) and
employment.
(I) Study on career pathways for health care providers and
providers of early education and child care.--The Secretary of
Labor, in coordination with the Secretary of Education and the
Secretary of Health and Human Services, shall conduct a
multistate study to develop, implement, and build upon career
advancement models and practices for low-wage health care
providers or providers of early education and child care,
including faculty education and distance education programs.
(J) Study on equivalent pay.--The Secretary shall conduct a
multistate study to develop and disseminate strategies for
ensuring that programs and activities carried out under this
Act are placing individuals in jobs, education, and training
that lead to equivalent pay for men and women, including
strategies to increase the participation of women in high-wage,
high-demand occupations in which women are underrepresented.
(K) Reports.--The Secretary shall prepare and disseminate
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce of
the House of Representatives, and to the public, including
through electronic means, reports containing the results of the
studies conducted under this paragraph.
(5) Multistate projects.--
(A) Authority.--The Secretary may, through grants or
contracts, carry out multistate projects that require
demonstrated expertise that is available at the national level
to effectively disseminate best practices and models for
implementing employment and training services, address the
specialized employment and training needs of particular service
populations, or address industry-wide skill shortages, to the
extent such projects are consistent with the priorities
specified in the plan published under paragraph (1).
(B) Design of grants.--Agreements for grants or contracts
awarded under this paragraph shall be designed to obtain
information relating to the provision of services under
different economic conditions or to various demographic groups
in order to provide guidance at the national and State levels
about how best to administer specific employment and training
services.
(6) Limitations.--
(A) Competitive awards.--A grant or contract awarded for
carrying out a project under this subsection in an amount that
exceeds $100,000 shall be awarded only on a competitive basis,
except that a noncompetitive award may be made in the case of a
project that is funded jointly with other public or private
sector entities that provide a substantial portion of
assistance under the grant or contract for the project.
(B) Time limits.--A grant or contract shall not be awarded
under this subsection to the same organization for more than 3
consecutive years unless such grant or contract is
competitively reevaluated within such period.
(C) Peer review.--
(i) In general.--The Secretary shall utilize a peer
review process--
(I) to review and evaluate all applications for
grants in amounts that exceed $500,000 that are
submitted under this section; and
(II) to review and designate exemplary and
promising programs under this section.
(ii) Availability of funds.--The Secretary is
authorized to use funds provided under this section to
carry out peer review activities under this subparagraph.
(D) Priority.--In awarding grants or contracts under this
subsection, priority shall be provided to entities with
recognized expertise in the methods, techniques, and knowledge
of workforce investment activities. The Secretary shall
establish appropriate time limits for the duration of such
projects.
(c) Dislocated Worker Projects.--Of the amount made available
pursuant to section 132(a)(2)(A) for any program year, the Secretary
shall use not more than 10 percent of such amount to carry out
demonstration and pilot projects, multiservice projects, and multistate
projects relating to the employment and training needs of dislocated
workers. Of the requirements of this section, such projects shall be
subject only to the provisions relating to review and evaluation of
applications under subsection (b)(6)(C). Such projects may include
demonstration and pilot projects relating to promoting self-employment,
promoting job creation, averting dislocations, assisting dislocated
farmers, assisting dislocated fishermen, and promoting public works.
Such projects shall be administered by the Secretary, acting through
the Assistant Secretary for Employment and Training.

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(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or disaster''
means--
(A) an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122 (1) and (2)); or
(B) an emergency or disaster situation of national
significance that could result in a potentially large loss of
employment, as declared or otherwise recognized by the chief
official of a Federal agency with authority for or jurisdiction
over the Federal response to the emergency or disaster
situation.
(2) Disaster area.--The term ``disaster area'' means an area
that has suffered or in which has occurred an emergency or
disaster.
(b) In General.--
(1) Grants.--The Secretary is authorized to award national
dislocated worker grants--
(A) to an entity described in subsection (c)(1)(B) to
provide employment and training assistance to workers affected
by major economic dislocations, such as plant closures, mass
layoffs, or closures and realignments of military
installations;
(B) to provide assistance to--
(i) the Governor of any State within the boundaries of
which is a disaster area, to provide disaster relief
employment in the disaster area; or
(ii) the Governor of any State to which a substantial
number of workers from an area in which an emergency or
disaster has been declared or otherwise recognized have
relocated;
(C) to provide additional assistance to a State board or
local board for eligible dislocated workers in a case in which
the State board or local board has expended the funds provided
under this section to carry out activities described in
subparagraphs (A) and (B) and can demonstrate the need for
additional funds to provide appropriate services for such
workers, in accordance with requirements prescribed by the
Secretary; and
(D) to provide additional assistance to a State board or
local board serving an area where--
(i) a higher-than-average demand for employment and
training activities for dislocated members of the Armed
Forces, spouses described in section 3(15)(E), or members
of the Armed Forces described in subsection (c)(2)(A)(iv),
exceeds State and local resources for providing such
activities; and
(ii) such activities are to be carried out in
partnership with the Department of Defense and Department
of Veterans Affairs transition assistance programs.
(2) Decisions and obligations.--The Secretary shall issue a
final decision on an application for a national dislocated worker
grant under this subsection not later than 45 calendar days after
receipt of the application. The Secretary shall issue a notice of
obligation for such grant not later than 10 days after the award of
such grant.
(c) Employment and Training Assistance Requirements.--
(1) Grant recipient eligibility.--
(A) Application.--To be eligible to receive a grant under
subsection (b)(1)(A), an entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(B) Eligible entity.--In this paragraph, the term
``entity'' means a State, a local board, an entity described in
section 166(c), an entity determined to be eligible by the
Governor of the State involved, and any other entity that
demonstrates to the Secretary the capability to effectively
respond to the circumstances relating to particular
dislocations.
(2) Participant eligibility.--
(A) In general.--In order to be eligible to receive
employment and training assistance under a national dislocated
worker grant awarded pursuant to subsection (b)(1)(A), an
individual shall be--
(i) a dislocated worker;
(ii) a civilian employee of the Department of Defense
or the Department of Energy employed at a military
installation that is being closed, or that will undergo
realignment, within the next 24 months after the date of
the determination of eligibility;
(iii) an individual who is employed in a nonmanagerial
position with a Department of Defense contractor, who is
determined by the Secretary of Defense to be at risk of
termination from employment as a result of reductions in
defense expenditures, and whose employer is converting
operations from defense to nondefense applications in order
to prevent worker layoffs; or
(iv) a member of the Armed Forces who--
(I) was on active duty or full-time National Guard
duty;
(II)(aa) is involuntarily separated (as defined in
section 1141 of title 10, United States Code) from
active duty or full-time National Guard duty; or
(bb) is separated from active duty or full-time
National Guard duty pursuant to a special separation
benefits program under section 1174a of title 10,
United States Code, or the voluntary separation
incentive program under section 1175 of that title;
(III) is not entitled to retired or retained pay
incident to the separation described in subclause (II);
and
(IV) applies for such employment and training
assistance before the end of the 180-day period
beginning on the date of that separation.
(B) Retraining assistance.--The individuals described in
subparagraph (A)(iii) shall be eligible for retraining
assistance to upgrade skills by obtaining marketable skills
needed to support the conversion described in subparagraph
(A)(iii).
(C) Additional requirements.--The Secretary shall establish
and publish additional requirements related to eligibility for
employment and training assistance under the national
dislocated worker grants to ensure effective use of the funds
available for this purpose.
(D) Definitions.--In this paragraph, the terms ``military
installation'' and ``realignment'' have the meanings given the
terms in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687
note).
(d) Disaster Relief Employment Assistance Requirements.--
(1) In general.--Funds made available under subsection
(b)(1)(B)--
(A) shall be used, in coordination with the Administrator
of the Federal Emergency Management Agency, as applicable, to
provide disaster relief employment on projects that provide
food, clothing, shelter, and other humanitarian assistance for
emergency and disaster victims, and projects regarding
demolition, cleaning, repair, renovation, and reconstruction of
damaged and destroyed structures, facilities, and lands located
within the disaster area and in offshore areas related to the
emergency or disaster;
(B) may be expended through public and private agencies and
organizations engaged in such projects; and
(C) may be expended to provide employment and training
activities.
(2) Eligibility.--An individual shall be eligible to be offered
disaster relief employment under subsection (b)(1)(B) if such
individual--
(A) is a dislocated worker;
(B) is a long-term unemployed individual;
(C) is temporarily or permanently laid off as a consequence
of the emergency or disaster; or
(D) in the case of an individual who is self-employed,
becomes unemployed or significantly underemployed as a result
of the emergency or disaster.
(3) Limitations on disaster relief employment.--
(A) In general.--Except as provided in subparagraph (B), no
individual shall be employed under subsection (b)(1)(B) for
more than 12 months for work related to recovery from a single
emergency or disaster.
(B) Extension.--At the request of a State, the Secretary
may extend such employment, related to recovery from a single
emergency or disaster involving the State, for not more than an
additional 12 months.
(4) Use of available funds.--Funds made available under
subsection (b)(1)(B) shall be available to assist workers described
in paragraph (2) who are affected by an emergency or disaster,
including workers who have relocated from an area in which an
emergency or disaster has been declared or otherwise recognized, as
appropriate. Under conditions determined by the Secretary and
following notification to the Secretary, a State may use such
funds, that are appropriated for any fiscal year and available for
expenditure under any grant awarded to the State under this
section, to provide any assistance authorized under this
subsection. Funds used pursuant to the authority provided under
this paragraph shall be subject to the liability and reimbursement
requirements described in paragraph (5).
(5) Liability and reimbursement.--Nothing in this Act shall be
construed to relieve liability, by a responsible party that is
liable under Federal law, for any costs incurred by the United
States under subsection (b)(1)(B) or this subsection, including the
responsibility to provide reimbursement for such costs to the
United States.

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44f9e004ef62d4e6a2b111fee03b1fc5cb7638ffbf46d8c9fd043e5893e4c6ff

(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section)--
(1) $46,082,000 for fiscal year 2015;
(2) $49,641,000 for fiscal year 2016;
(3) $50,671,000 for fiscal year 2017;
(4) $51,795,000 for fiscal year 2018;
(5) $53,013,000 for fiscal year 2019; and
(6) $54,137,000 for fiscal year 2020.
(b) Migrant and Seasonal Farmworker Programs.--There are authorized
to be appropriated to carry out section 167--
(1) $81,896,000 for fiscal year 2015;
(2) $88,222,000 for fiscal year 2016;
(3) $90,052,000 for fiscal year 2017;
(4) $92,050,000 for fiscal year 2018;
(5) $94,214,000 for fiscal year 2019; and
(6) $96,211,000 for fiscal year 2020.
(c) Technical Assistance.--There are authorized to be appropriated
to carry out section 168--
(1) $3,000,000 for fiscal year 2015;
(2) $3,232,000 for fiscal year 2016;
(3) $3,299,000 for fiscal year 2017;
(4) $3,372,000 for fiscal year 2018;
(5) $3,451,000 for fiscal year 2019; and
(6) $3,524,000 for fiscal year 2020.
(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169--
(1) $91,000,000 for fiscal year 2015;
(2) $98,029,000 for fiscal year 2016;
(3) $100,063,000 for fiscal year 2017;
(4) $102,282,000 for fiscal year 2018;
(5) $104,687,000 for fiscal year 2019; and
(6) $106,906,000 for fiscal year 2020.
(e) Assistance for Veterans.--If, as of the date of enactment of
this Act, any unobligated funds appropriated to carry out section 168
of the Workforce Investment Act of 1998, as in effect on the day before
the date of enactment of this Act, remain available, the Secretary of
Labor shall continue to use such funds to carry out such section, as in
effect on such day, until all of such funds are expended.
(f) Assistance for Eligible Workers.--If, as of the date of
enactment of this Act, any unobligated funds appropriated to carry out
subsections (f) and (g) of section 173 of the Workforce Investment Act
of 1998, as in effect on the day before the date of enactment of this
Act, remain available, the Secretary of Labor shall continue to use
such funds to carry out such subsections, as in effect on such day,
until all of such funds are expended.
Subtitle E--Administration

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(a) Benefits.--
(1) Wages.--
(A) In general.--Individuals in on-the-job training or
individuals employed in activities under this title shall be
compensated at the same rates, including periodic increases, as
trainees or employees who are similarly situated in similar
occupations by the same employer and who have similar training,
experience, and skills, and such rates shall be in accordance
with applicable law, but in no event less than the higher of
the rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable
State or local minimum wage law.
(B) Rule of construction.--The reference in subparagraph
(A) to section 6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) shall not be applicable for individuals
in territorial jurisdictions in which section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) does not
apply.
(2) Treatment of allowances, earnings, and payments.--
Allowances, earnings, and payments to individuals participating in
programs under this title shall not be considered as income for the
purposes of determining eligibility for and the amount of income
transfer and in-kind aid furnished under any Federal or federally
assisted program based on need, other than as provided under the
Social Security Act (42 U.S.C. 301 et seq.).
(b) Labor Standards.--
(1) Limitations on activities that impact wages of employees.--
No funds provided under this title shall be used to pay the wages
of incumbent employees during their participation in economic
development activities provided through a statewide workforce
development system.
(2) Displacement.--
(A) Prohibition.--A participant in a program or activity
authorized under this title (referred to in this section as a
``specified activity'') shall not displace (including a partial
displacement, such as a reduction in the hours of nonovertime
work, wages, or employment benefits) any currently employed
employee (as of the date of the participation).
(B) Prohibition on impairment of contracts.--A specified
activity shall not impair an existing contract for services or
collective bargaining agreement, and no such activity that
would be inconsistent with the terms of a collective bargaining
agreement shall be undertaken without the written concurrence
of the labor organization and employer concerned.
(3) Other prohibitions.--A participant in a specified activity
shall not be employed in a job if--
(A) any other individual is on layoff from the same or any
substantially equivalent job;
(B) the employer has terminated the employment of any
regular employee or otherwise reduced the workforce of the
employer with the intention of filling the vacancy so created
with the participant; or
(C) the job is created in a promotional line that will
infringe in any way upon the promotional opportunities of
currently employed individuals (as of the date of the
participation).
(4) Health and safety.--Health and safety standards established
under Federal and State law otherwise applicable to working
conditions of employees shall be equally applicable to working
conditions of participants engaged in specified activities. To the
extent that a State workers' compensation law applies, workers'
compensation shall be provided to participants on the same basis as
the compensation is provided to other individuals in the State in
similar employment.
(5) Employment conditions.--Individuals in on-the-job training
or individuals employed in programs and activities under this title
shall be provided benefits and working conditions at the same level
and to the same extent as other trainees or employees working a
similar length of time and doing the same type of work.
(6) Opportunity to submit comments.--Interested members of the
public, including representatives of businesses and of labor
organizations, shall be provided an opportunity to submit comments
to the Secretary with respect to programs and activities proposed
to be funded under subtitle B.
(7) No impact on union organizing.--Each recipient of funds
under this title shall provide to the Secretary assurances that
none of such funds will be used to assist, promote, or deter union
organizing.
(c) Grievance Procedure.--
(1) In general.--Each State and local area receiving an
allotment or allocation under this title shall establish and
maintain a procedure for grievances or complaints alleging
violations of the requirements of this title from participants and
other interested or affected parties. Such procedure shall include
an opportunity for a hearing and be completed within 60 days after
the filing of the grievance or complaint.
(2) Investigation.--
(A) In general.--The Secretary shall investigate an
allegation of a violation described in paragraph (1) if--
(i) a decision relating to such violation has not been
reached within 60 days after the date of the filing of the
grievance or complaint and either party appeals to the
Secretary; or
(ii) a decision relating to such violation has been
reached within such 60 days and the party to which such
decision is adverse appeals such decision to the Secretary.
(B) Additional requirement.--The Secretary shall make a
final determination relating to an appeal made under
subparagraph (A) no later than 120 days after receiving such
appeal.
(3) Remedies.--Remedies that may be imposed under this section
for a violation of any requirement of this title shall be limited--
(A) to suspension or termination of payments under this
title;
(B) to prohibition of placement of a participant with an
employer that has violated any requirement under this title;
(C) where applicable, to reinstatement of an employee,
payment of lost wages and benefits, and reestablishment of
other relevant terms, conditions, and privileges of employment;
and
(D) where appropriate, to other equitable relief.
(4) Rule of construction.--Nothing in paragraph (3) shall be
construed to prohibit a grievant or complainant from pursuing a
remedy authorized under another Federal, State, or local law for a
violation of this title.
(d) Relocation.--
(1) Prohibition on use of funds to encourage or induce
relocation.--No funds provided under this title shall be used, or
proposed for use, to encourage or induce the relocation of a
business or part of a business if such relocation would result in a
loss of employment for any employee of such business at the
original location and such original location is within the United
States.
(2) Prohibition on use of funds after relocation.--No funds
provided under this title for an employment or training activity
shall be used for customized or skill training, on-the-job
training, incumbent worker training, transitional employment, or
company-specific assessments of job applicants or employees, for
any business or part of a business that has relocated, until the
date that is 120 days after the date on which such business
commences operations at the new location, if the relocation of such
business or part of a business results in a loss of employment for
any employee of such business at the original location and such
original location is within the United States.
(3) Repayment.--If the Secretary determines that a violation of
paragraph (1) or (2) has occurred, the Secretary shall require the
State that has violated such paragraph (or that has provided
funding to an entity that has violated such paragraph) to repay to
the United States an amount equal to the amount expended in
violation of such paragraph.
(e) Limitation on Use of Funds.--No funds available to carry out an
activity under this title shall be used for employment generating
activities, investment in revolving loan funds, capitalization of
businesses, investment in contract bidding resource centers, economic
development activities, or similar activities, that are not directly
related to training for eligible individuals under this title. No funds
received to carry out an activity under subtitle B shall be used for
foreign travel.
(f) Testing and Sanctioning for Use of Controlled Substances.--
(1) In general.--Notwithstanding any other provision of law, a
State shall not be prohibited by the Federal Government from--
(A) testing participants in programs under subtitle B for
the use of controlled substances; and
(B) sanctioning such participants who test positive for the
use of such controlled substances.
(2) Additional requirements.--
(A) Period of sanction.--In sanctioning participants in a
program under subtitle B who test positive for the use of
controlled substances--
(i) with respect to the first occurrence for which a
participant tests positive, a State may exclude the
participant from the program for a period not to exceed 6
months; and
(ii) with respect to the second occurrence and each
subsequent occurrence for which a participant tests
positive, a State may exclude the participant from the
program for a period not to exceed 2 years.
(B) Appeal.--The testing of participants and the imposition
of sanctions under this subsection shall be subject to
expeditious appeal in accordance with due process procedures
established by the State.
(C) Privacy.--A State shall establish procedures for
testing participants for the use of controlled substances that
ensure a maximum degree of privacy for the participants.
(3) Funding requirement.--In testing and sanctioning of
participants for the use of controlled substances in accordance
with this subsection, the only Federal funds that a State may use
are the amounts made available for the administration of statewide
workforce investment activities under section 134(a)(3)(B).
(g) Subgrant Authority.--A recipient of grant funds under this
title shall have the authority to enter into subgrants in order to
carry out the grant, subject to such conditions as the Secretary may
establish.

737023c41fcdbc0b399d7822d873e58ee67c3e018a5ffefd558068773773f248

(a) Allotments Based on Latest Available Data.--All allotments to
States and grants to outlying areas under this title shall be based on
the latest available data and estimates satisfactory to the Secretary.
All data relating to disadvantaged adults and disadvantaged youth shall
be based on the most recent satisfactory data from the Bureau of the
Census.
(b) Publication in Federal Register Relating to Formula Funds.--
Whenever the Secretary allots funds required to be allotted under this
title, the Secretary shall publish in a timely fashion in the Federal
Register the amount proposed to be distributed to each recipient of the
funds.
(c) Requirement for Funds Distributed by Formula.--All funds
required to be allotted under section 127 or 132 shall be allotted
within 45 days after the date of enactment of the Act appropriating the
funds, except that, if such funds are appropriated in advance as
authorized by section 189(g), such funds shall be allotted or allocated
not later than the March 31 preceding the program year for which such
funds are to be available for obligation.
(d) Publication in Federal Register Relating to Discretionary
Funds.--Whenever the Secretary utilizes a formula to allot or allocate
funds made available for distribution at the Secretary's discretion
under this title, the Secretary shall, not later than 30 days prior to
such allotment or allocation, publish for comment in the Federal
Register the formula, the rationale for the formula, and the proposed
amounts to be distributed to each State and local area. After
consideration of any comments received, the Secretary shall publish
final allotments and allocations in the Federal Register.
(e) Availability of Funds.--Funds shall be made available under
section 128, and funds shall be made available under section 133, for a
local area not later than 30 days after the date the funds are made
available to the Governor involved, under section 127 or 132 (as the
case may be), or 7 days after the date the local plan for the area is
approved, whichever is later.

aaaf4087abbf0163c3d6a790a8728c1d8b6f38b32c4301dc16191fe52d2d9306

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

05c5125f0e98ddc28f5713c520abb62c031b8497d5ecf4355c3cb3127c14a048

(a) Establishment of Fiscal Controls by States.--
(1) In general.--Each State shall establish such fiscal control
and fund accounting procedures as may be necessary to assure the
proper disbursal of, and accounting for, Federal funds allocated to
local areas under subtitle B. Such procedures shall ensure that all
financial transactions carried out under subtitle B are conducted
and records maintained in accordance with generally accepted
accounting principles applicable in each State.
(2) Cost principles.--
(A) In general.--Each State (including the Governor of the
State), local area (including the chief elected official for
the area), and provider receiving funds under this title shall
comply with the applicable uniform cost principles included in
appropriate circulars or rules of the Office of Management and
Budget for the type of entity receiving the funds.
(B) Exception.--The funds made available to a State for
administration of statewide workforce investment activities in
accordance with section 134(a)(3)(B) shall be allocable to the
overall administration of workforce investment activities, but
need not be specifically allocable to--
(i) the administration of adult employment and training
activities;
(ii) the administration of dislocated worker employment
and training activities; or
(iii) the administration of youth workforce investment
activities.
(3) Uniform administrative requirements.--
(A) In general.--Each State (including the Governor of the
State), local area (including the chief elected official for
the area), and provider receiving funds under this title shall
comply with the appropriate uniform administrative requirements
for grants and agreements applicable for the type of entity
receiving the funds, as promulgated in circulars or rules of
the Office of Management and Budget.
(B) Additional requirement.--Procurement transactions under
this title between local boards and units of State or local
governments shall be conducted only on a cost-reimbursable
basis.
(4) Monitoring.--Each Governor of a State shall conduct on an
annual basis onsite monitoring of each local area within the State
to ensure compliance with the uniform administrative requirements
referred to in paragraph (3).
(5) Action by governor.--If the Governor determines that a
local area is not in compliance with the uniform administrative
requirements referred to in paragraph (3), the Governor shall--
(A) require corrective action to secure prompt compliance
with the requirements; and
(B) impose the sanctions provided under subsection (b) in
the event of failure to take the required corrective action.
(6) Certification.--The Governor shall, every 2 years, certify
to the Secretary that--
(A) the State has implemented the uniform administrative
requirements referred to in paragraph (3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements as
required under paragraph (4); and
(C) the State has taken appropriate action to secure
compliance with the requirements pursuant to paragraph (5).
(7) Action by the secretary.--If the Secretary determines that
the Governor has not fulfilled the requirements of this subsection,
the Secretary shall--
(A) require corrective action to secure prompt compliance
with the requirements of this subsection; and
(B) impose the sanctions provided under subsection (e) in
the event of failure of the Governor to take the required
appropriate action to secure compliance with the requirements.
(b) Substantial Violation.--
(1) Action by governor.--If, as a result of financial and
compliance audits or otherwise, the Governor determines that there
is a substantial violation of a specific provision of this title,
and corrective action has not been taken, the Governor shall--
(A) issue a notice of intent to revoke approval of all or
part of the local plan affected; or
(B) impose a reorganization plan, which may include--
(i) decertifying the local board involved;
(ii) prohibiting the use of eligible providers;
(iii) selecting an alternative entity to administer the
program for the local area involved;
(iv) merging the local area into one or more other
local areas; or
(v) making such other changes as the Secretary or
Governor determines to be necessary to secure compliance
with the provision.
(2) Appeal.--
(A) In general.--The actions taken by the Governor pursuant
to subparagraphs (A) and (B) of paragraph (1) may be appealed
to the Secretary and shall not become effective until--
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) Additional requirement.--The Secretary shall make a
final decision under subparagraph (A) not later than 45 days
after the receipt of the appeal.
(3) Action by the secretary.--If the Governor fails to take
promptly an action required under paragraph (1), the Secretary
shall take such action.
(c) Repayment of Certain Amounts to the United States.--
(1) In general.--Every recipient of funds under this title
shall repay to the United States amounts found not to have been
expended in accordance with this title.
(2) Offset of repayment amount.--If the Secretary determines
that a State has expended funds received under this title in a
manner contrary to the requirements of this title, the Secretary
may require repayment by offsetting the amount of such expenditures
against any other amount to which the State is or may be entitled
under this title, except as provided under subsection (d)(1).
(3) Repayment from deduction by state.--If the Secretary
requires a State to repay funds as a result of a determination that
a local area of the State has expended funds in a manner contrary
to the requirements of this title, the Governor of the State may
use an amount deducted under paragraph (4) to repay the funds,
except as provided under subsection (e).
(4) Deduction by state.--The Governor may deduct an amount
equal to the misexpenditure described in paragraph (3) from
subsequent program year (subsequent to the program year for which
the determination was made) allocations to the local area from
funds reserved for the administrative costs of the local programs
involved, as appropriate.
(5) Limitations.--A deduction made by a State as described in
paragraph (4) shall not be made until such time as the Governor has
taken appropriate corrective action to ensure full compliance with
this title within such local area with regard to appropriate
expenditures of funds under this title.
(d) Repayment of Amounts.--
(1) In general.--Each recipient of funds under this title shall
be liable to repay the amounts described in subsection (c)(1), from
funds other than funds received under this title, upon a
determination by the Secretary that the misexpenditure of the
amounts was due to willful disregard of the requirements of this
title, gross negligence, failure to observe accepted standards of
administration, or a pattern of misexpenditure described in
subsection (c)(1). No such determination shall be made under this
subsection or subsection (c) until notice and opportunity for a
fair hearing have been given to the recipient.
(2) Factors in imposing sanctions.--In determining whether to
impose any sanction authorized by this section against a recipient
of funds under this title for violations of this title (including
applicable regulations) by a subgrantee or contractor of such
recipient, the Secretary shall first determine whether such
recipient has adequately demonstrated that the recipient has--
(A) established and adhered to an appropriate system, for
entering into and monitoring subgrant agreements and contracts
with subgrantees and contractors, that contains acceptable
standards for ensuring accountability;
(B) entered into a written subgrant agreement or contract
with such a subgrantee or contractor that established clear
goals and obligations in unambiguous terms;
(C) acted with due diligence to monitor the implementation
of the subgrant agreement or contract, including carrying out
the appropriate monitoring activities (including audits) at
reasonable intervals; and
(D) taken prompt and appropriate corrective action upon
becoming aware of any evidence of a violation of this title,
including regulations issued under this title, by such
subgrantee or contractor.
(3) Waiver.--If the Secretary determines that the recipient has
demonstrated substantial compliance with the requirements of
paragraph (2), the Secretary may waive the imposition of sanctions
authorized by this section upon such recipient. The Secretary is
authorized to impose any sanction consistent with the provisions of
this title and with any applicable Federal or State law directly
against any subgrantee or contractor for violation of this title,
including regulations issued under this title.
(e) Immediate Termination or Suspension of Assistance in Emergency
Situations.--In emergency situations, if the Secretary determines it is
necessary to protect the integrity of the funds or ensure the proper
operation of the program or activity involved, the Secretary may
immediately terminate or suspend financial assistance, in whole or in
part, to the recipient if the recipient is given prompt notice and the
opportunity for a subsequent hearing within 30 days after such
termination or suspension. The Secretary shall not delegate any of the
functions or authority specified in this subsection, other than to an
officer whose appointment is required to be made by and with the advice
and consent of the Senate.
(f) Discrimination Against Participants.--If the Secretary
determines that any recipient under this title has discharged or in any
other manner discriminated against a participant or against any
individual in connection with the administration of the program
involved, or against any individual because such individual has filed
any complaint or instituted or caused to be instituted any proceeding
under or related to this title, or has testified or is about to testify
in any such proceeding or an investigation under or related to this
title, or otherwise unlawfully denied to any individual a benefit to
which that individual is entitled under the provisions of this title,
including regulations issued under this title, the Secretary shall,
within 30 days, take such action or order such corrective measures, as
necessary, with respect to the recipient or the aggrieved individual,
or both.
(g) Remedies.--The remedies described in this section shall not be
considered to be the exclusive remedies available for violations
described in this section.

842f17303b5438729174170ba33bf20b29623f2e178bc0e69a837f9087372e68

(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 title, the
Comptroller General of the United States may conduct
investigations of the use of funds received under this title by
any recipient.
(2) Prohibition.--In conducting any investigation under this
title, the Secretary or the Comptroller General of the United
States may not request the compilation of any information that the
recipient is not otherwise required to compile and that is not
readily available to such recipient.
(3) Audits.--
(A) In general.--In carrying out any audit under this title
(other than any initial audit survey or any audit investigating
possible criminal or fraudulent conduct), either directly or
through grant or contract, the Secretary, the Inspector General
of the Department of Labor, or the Comptroller General of the
United States shall furnish to the State, recipient, or other
entity to be audited, advance notification of the overall
objectives and purposes of the audit, and any extensive
recordkeeping or data requirements to be met, not later than 14
days (or as soon as practicable) prior to the commencement of
the audit.
(B) Notification requirement.--If the scope, objectives, or
purposes of the audit change substantially during the course of
the audit, the entity being audited shall be notified of the
change as soon as practicable.
(C) Additional requirement.--The reports on the results of
such audits shall cite the law, regulation, policy, or other
criteria applicable to any finding contained in the reports.
(D) Rule of construction.--Nothing contained in this title
shall be construed so as to be inconsistent with the Inspector
General Act of 1978 (5 U.S.C. App.) or government auditing
standards issued by the Comptroller General of the United
States.
(c) Grantee Information Responsibilities.--Each State, each local
board, and each recipient (other than a subrecipient, subgrantee, or
contractor of a recipient) receiving funds under this title--
(1) shall make readily accessible such reports concerning its
operations and expenditures as shall be prescribed by the
Secretary;
(2) shall prescribe and maintain comparable management
information systems, in accordance with guidelines that shall be
prescribed by the Secretary, designed to facilitate the uniform
compilation, cross tabulation, and analysis of programmatic,
participant, and financial data, on statewide, local area, and
other appropriate bases, necessary for reporting, monitoring, and
evaluating purposes, including data necessary to comply with
section 188;
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title; and
(4) shall, to the extent practicable, submit or make available
(including through electronic means) any reports, records, plans,
or any other data that are required to be submitted or made
available, respectively, under this title.
(d) Information To Be Included in Reports.--
(1) In general.--The reports required in subsection (c) shall
include information regarding programs and activities carried out
under this title pertaining to--
(A) the relevant demographic characteristics (including
race, ethnicity, sex, and age) and other related information
regarding participants;
(B) the programs and activities in which participants are
enrolled, and the length of time that participants are engaged
in such programs and activities;
(C) outcomes of the programs and activities for
participants, including the occupations of participants, and
placement for participants in nontraditional employment;
(D) specified costs of the programs and activities; and
(E) information necessary to prepare reports to comply with
section 188.
(2) Additional requirement.--The Secretary shall ensure that
all elements of the information required for the reports described
in paragraph (1) are defined and that the information is reported
uniformly.
(e) Quarterly Financial Reports.--
(1) In general.--Each local board in a State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such reports
shall include information identifying all program and activity
costs by cost category in accordance with generally accepted
accounting principles and by year of the appropriation involved.
(2) Additional requirement.--Each State shall submit to the
Secretary, and the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives, on a quarterly basis, a summary of the reports
submitted to the Governor pursuant to paragraph (1).
(f) Maintenance of Additional Records.--Each State and local board
shall maintain records with respect to programs and activities carried
out under this title that identify--
(1) any income or profits earned, including such income or
profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) Cost Categories.--In requiring entities to maintain records of
costs by cost category under this title, the Secretary shall require
only that the costs be categorized as administrative or programmatic
costs.

fae72e71d6dc86a27250140852fbf9d22ea688996ebc3c82b1f40ef58e35e6f9

(a) In General.--Whenever any applicant for financial assistance
under this title is dissatisfied because the Secretary has made a
determination not to award financial assistance in whole or in part to
such applicant, the applicant may request a hearing before an
administrative law judge of the Department of Labor. A similar hearing
may also be requested by any recipient for whom a corrective action has
been required or a sanction has been imposed by the Secretary under
section 184.
(b) Appeal.--The decision of the administrative law judge shall
constitute final action by the Secretary unless, within 20 days after
receipt of the decision of the administrative law judge, a party
dissatisfied with the decision or any part of the decision has filed
exceptions with the Secretary specifically identifying the procedure,
fact, law, or policy to which exception is taken. Any exception not
specifically urged during the 20-day period shall be deemed to have
been waived. After the 20-day period the decision of the administrative
law judge shall become the final decision of the Secretary unless the
Secretary, within 30 days after such filing, notifies the parties that
the case involved has been accepted for review.
(c) Time Limit.--Any case accepted for review by the Secretary
under subsection (b) shall be decided within 180 days after such
acceptance. If the case is not decided within the 180-day period, the
decision of the administrative law judge shall become the final
decision of the Secretary at the end of the 180-day period.
(d) Additional Requirement.--The provisions of section 187 shall
apply to any final action of the Secretary under this section.

d2837c595db6ee678976da8f2d916192f46b5d299c5139330d06bf81b45526b3

(a) Review.--
(1) Petition.--With respect to any final order by the Secretary
under section 186 by which the Secretary awards, declines to award,
or only conditionally awards, financial assistance under this
title, or any final order of the Secretary under section 186 with
respect to a corrective action or sanction imposed under section
184, any party to a proceeding that resulted in such final order
may obtain review of such final order in the United States Court of
Appeals having jurisdiction over the applicant for or recipient of
the funds involved, by filing a review petition within 30 days
after the date of issuance of such final order.
(2) Action on petition.--The clerk of the court shall transmit
a copy of the review petition to the Secretary, who shall file the
record on which the final order was entered as provided in section
2112 of title 28, United States Code. The filing of a review
petition shall not stay the order of the Secretary, unless the
court orders a stay. Petitions filed under this subsection shall be
heard expeditiously, if possible within 10 days after the date of
filing of a reply to the petition.
(3) Standard and scope of review.--No objection to the order of
the Secretary shall be considered by the court unless the objection
was specifically urged, in a timely manner, before the Secretary.
The review shall be limited to questions of law and the findings of
fact of the Secretary shall be conclusive if supported by
substantial evidence.
(b) Judgment.--The court shall have jurisdiction to make and enter
a decree affirming, modifying, or setting aside the order of the
Secretary in whole or in part. The judgment of the court regarding the
order shall be final, subject to certiorari review by the Supreme Court
as provided in section 1254(1) of title 28, United States Code.

f8b2dcad5c8134e13f8ae74cf7131748aa2e0cbe56253e4e6881be761931d5ec

(a) In General.--
(1) Federal financial assistance.--For the purpose of applying
the prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the
basis of disability under section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), on the basis of sex under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the
basis of race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and
activities funded or otherwise financially assisted in whole or in
part under this Act are considered to be programs and activities
receiving Federal financial assistance.
(2) Prohibition of discrimination regarding participation,
benefits, and employment.--No individual shall be excluded from
participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration of
or in connection with, any such program or activity because of
race, color, religion, sex (except as otherwise permitted under
title IX of the Education Amendments of 1972), national origin,
age, disability, or political affiliation or belief.
(3) Prohibition on assistance for facilities for sectarian
instruction or religious worship.--Participants shall not be
employed under this title to carry out the construction, operation,
or maintenance of any part of any facility that is used or to be
used for sectarian instruction or as a place for religious worship
(except with respect to the maintenance of a facility that is not
primarily or inherently devoted to sectarian instruction or
religious worship, in a case in which the organization operating
the facility is part of a program or activity providing services to
participants).
(4) Prohibition on discrimination on basis of participant
status.--No person may discriminate against an individual who is a
participant in a program or activity that receives funds under this
title, with respect to the terms and conditions affecting, or
rights provided to, the individual, solely because of the status of
the individual as a participant.
(5) Prohibition on discrimination against certain
noncitizens.--Participation in programs and activities or receiving
funds under this title shall be available to citizens and nationals
of the United States, lawfully admitted permanent resident aliens,
refugees, asylees, and parolees, and other immigrants authorized by
the Attorney General to work in the United States.
(b) Action of Secretary.--Whenever the Secretary finds that a State
or other recipient of funds under this title has failed to comply with
a provision of law referred to in subsection (a)(1), or with paragraph
(2), (3), (4), or (5) of subsection (a), including an applicable
regulation prescribed to carry out such provision or paragraph, the
Secretary shall notify such State or recipient and shall request that
the State or recipient comply. If within a reasonable period of time,
not to exceed 60 days, the State or recipient fails or refuses to
comply, the Secretary may--
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted; or
(2) take such other action as may be provided by law.
(c) Action of Attorney General.--When a matter is referred to the
Attorney General pursuant to subsection (b)(1), or whenever the
Attorney General has reason to believe that a State or other recipient
of funds under this title is engaged in a pattern or practice of
discrimination in violation of a provision of law referred to in
subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of
subsection (a), the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
(d) Job Corps.--For the purposes of this section, Job Corps members
shall be considered to be the ultimate beneficiaries of Federal
financial assistance.
(e) Regulations.--The Secretary shall issue regulations necessary
to implement this section not later than 1 year after the date of
enactment of the Workforce Innovation and Opportunity Act. Such
regulations shall adopt standards for determining discrimination and
procedures for enforcement that are consistent with the Acts referred
to in subsection (a)(1), as well as procedures to ensure that
complaints filed under this section and such Acts are processed in a
manner that avoids duplication of effort.

8d4ebf848626abb0e2664de5ba6499f6cd44f285f612f8f50391a24b073c2367

RESPONSIBILITIES.
(a) In General.--In accordance with chapter 5 of title 5, United
States Code, the Secretary may prescribe rules and regulations to carry
out this title, only to the extent necessary to administer and ensure
compliance with the requirements of this title. Such rules and
regulations may include provisions making adjustments authorized by
section 6504 of title 31, United States Code. All such rules and
regulations shall be published in the Federal Register at least 30 days
prior to their effective dates. Copies of each such rule or regulation
shall be transmitted to the appropriate committees of Congress on the
date of such publication and shall contain, with respect to each
material provision of such rule or regulation, a citation to the
particular substantive section of law that is the basis for the
provision.
(b) Acquisition of Certain Property and Services.--The Secretary is
authorized, in carrying out this title, to accept, purchase, or lease
in the name of the Department of Labor, and employ or dispose of in
furtherance of the purposes of this title, any money or property, real,
personal, or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise, and to accept voluntary and uncompensated
services notwithstanding the provisions of section 1342 of title 31,
United States Code.
(c) Authority To Enter Into Certain Agreements and To Make Certain
Expenditures.--The Secretary may make such grants, enter into such
contracts or agreements, establish such procedures, and make such
payments, in installments and in advance or by way of reimbursement, or
otherwise allocate or expend such funds under this title, as may be
necessary to carry out this title, including making expenditures for
construction, repairs, and capital improvements, and including making
necessary adjustments in payments on account of over-payments or
underpayments.
(d) Annual Report.--The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate an annual report regarding the programs and
activities funded under this title. The Secretary shall include in such
report--
(1) a summary of the achievements, failures, and challenges of
the programs and activities in meeting the objectives of this
title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in the
fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
(e) Utilization of Services and Facilities.--The Secretary is
authorized, in carrying out this title, under the same procedures as
are applicable under subsection (c) or to the extent permitted by law
other than this title, to accept and use the services and facilities of
departments, agencies, and establishments of the United States. The
Secretary is also authorized, in carrying out this title, to accept and
use the services and facilities of the agencies of any State or
political subdivision of a State, with the consent of the State or
political subdivision.
(f) Obligational Authority.--Notwithstanding any other provision of
this title, the Secretary shall have no authority to enter into
contracts, grant agreements, or other financial assistance agreements
under this title, except to such extent and in such amounts as are
provided in advance in appropriations Acts.
(g) Program Year.--
(1) In general.--
(A) Program year.--Except as provided in subparagraph (B),
appropriations for any fiscal year for programs and activities
funded under this title shall be available for obligation only
on the basis of a program year. The program year shall begin on
July 1 in the fiscal year for which the appropriation is made.
(B) Youth workforce investment activities.--The Secretary
may make available for obligation, beginning April 1 of any
fiscal year, funds appropriated for such fiscal year to carry
out youth workforce investment activities under subtitle B and
activities under section 171.
(2) Availability.--
(A) In general.--Funds obligated for any program year for a
program or activity funded under subtitle B may be expended by
each State receiving such funds during that program year and
the 2 succeeding program years. Funds received by local areas
from States under subtitle B during a program year may be
expended during that program year and the succeeding program
year.
(B) Certain national activities.--
(i) In general.--Funds obligated for any program year
for any program or activity carried out under section 169
shall remain available until expended.
(ii) Incremental funding basis.--A contract or
arrangement entered into under the authority of subsection
(a) or (b) of section 169 (relating to evaluations,
research projects, studies and reports, and multistate
projects), including a long-term, nonseverable services
contract, may be funded on an incremental basis with annual
appropriations or other available funds.
(C) Special rule.--No amount of the funds obligated for a
program year for a program or activity funded under this title
shall be deobligated on account of a rate of expenditure that
is consistent with a State plan, an operating plan described in
section 151, or a plan, grant agreement, contract, application,
or other agreement described in subtitle D, as appropriate.
(D) Funds for pay-for-performance contract strategies.--
Funds used to carry out pay-for-performance contract strategies
by local areas shall remain available until expended.
(h) Enforcement of Military Selective Service Act.--The Secretary
shall ensure that each individual participating in any program or
activity established under this title, or receiving any assistance or
benefit under this title, has not violated section 3 of the Military
Selective Service Act (50 U.S.C. App. 453) by not presenting and
submitting to registration as required pursuant to such section. The
Director of the Selective Service System shall cooperate with the
Secretary to enable the Secretary to carry out this subsection.
(i) Waivers.--
(1) Special rule regarding designated areas.--A State that has
enacted, not later than December 31, 1997, a State law providing
for the designation of service delivery areas for the delivery of
workforce investment activities, may use such areas as local areas
under this title, notwithstanding section 106.
(2) Special rule regarding sanctions.--A State that has
enacted, not later than December 31, 1997, a State law providing
for the sanctioning of such service delivery areas for failure to
meet performance accountability measures for workforce investment
activities, may use the State law to sanction local areas for
failure to meet State performance accountability measures under
this title.
(3) General waivers of statutory or regulatory requirements.--
(A) General authority.--Notwithstanding any other provision
of law, the Secretary may waive for a State, or a local area in
a State, pursuant to a request submitted by the Governor of the
State (in consultation with appropriate local elected
officials) with a plan that meets the requirements of
subparagraph (B)--
(i) any of the statutory or regulatory requirements of
subtitle A, subtitle B, or this subtitle (except for
requirements relating to wage and labor standards,
including nondisplacement protections, worker rights,
participation and protection of workers and participants,
grievance procedures and judicial review,
nondiscrimination, allocation of funds to local areas,
eligibility of providers or participants, the establishment
and functions of local areas and local boards, the funding
of infrastructure costs for one-stop centers, and
procedures for review and approval of plans, and other
requirements relating to the basic purposes of this title);
and
(ii) any of the statutory or regulatory requirements of
sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C.
49g through 49i) (excluding requirements relating to the
provision of services to unemployment insurance claimants
and veterans, and requirements relating to universal access
to basic labor exchange services without cost to
jobseekers).
(B) Requests.--A Governor requesting a waiver under
subparagraph (A) shall submit a plan to the Secretary to
improve the statewide workforce development system that--
(i) identifies the statutory or regulatory requirements
that are requested to be waived and the goals that the
State or local area in the State, as appropriate, intends
to achieve as a result of the waiver;
(ii) describes the actions that the State or local
area, as appropriate, has undertaken to remove State or
local statutory or regulatory barriers;
(iii) describes the goals of the waiver and the
expected programmatic outcomes if the request is granted;
(iv) describes the individuals impacted by the waiver;
and
(v) describes the process used to monitor the progress
in implementing such a waiver, and the process by which
notice and, in the case of a waiver for a local area, an
opportunity to comment on such request has been provided to
the local board for the local area for which the waiver is
requested.
(C) Conditions.--Not later than 90 days after the date of
the original submission of a request for a waiver under
subparagraph (A), the Secretary shall provide a waiver under
this subsection if and only to the extent that--
(i) the Secretary determines that the requirements
requested to be waived impede the ability of the State or
local area, as appropriate, to implement the plan described
in subparagraph (B); and
(ii) the State has executed a memorandum of
understanding with the Secretary requiring such State to
meet, or ensure that the local area for which the waiver is
requested meets, agreed-upon outcomes and to implement
other appropriate measures to ensure accountability.
(D) Expedited determination regarding provision of
waivers.--If the Secretary has approved a waiver of statutory
or regulatory requirements for a State or local area pursuant
to this subsection, the Secretary shall expedite the
determination regarding the provision of that waiver, for
another State or local area if such waiver is in accordance
with the approved State or local plan, as appropriate.

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Workforce Innovation and Opportunity Act — HR. 803

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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