,in the ,senate of the ,united ,states1 ,june #be1 #bjad4 ,amendments3 ,that the bill from the ,house of ,representatives 7,h4,r4 #hjc7 entitled ,an ,act to reform and strengthen the workforce investment system of the ,nation to put ,americans back to work and make the ,united ,states more competitive in the #bast century4 1 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,workforce ,innovation and ,opportunity ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,,title ,i--,workforce development activities,subtitle ,a--,system alignment,chapter #a--,state provisions,sec4 #aja4 ,state workforce development boards4,sec4 #ajb4 ,unified ,state plan4,sec4 #ajc4 ,combined ,state plan4,chapter #b--,local provisions,sec4 #ajf4 ,workforce development areas4,sec4 #ajg4 ,local workforce development boards4,sec4 #ajh4 ,local plan4,chapter #c--;,board ,provisions,sec4 #aaa4 ,funding of ,state and local boards4,chapter #d--,performance accountability,sec4 #aaf4 ,performance accountability system4,subtitle ,b--,workforce investment activities and providers,chapter #a--,workforce investment activities and providers,sec4 #aba4 ,establishment of one-stop delivery systems4,sec4 #abb4 ,identification of eligible providers of training services4,sec4 #abc4 ,eligible providers of youth workforce investment activities4,chapter #b--,youth workforce investment activities,sec4 #abf4 ,general authorization4,sec4 #abg4 ,state allotments4,sec4 #abh4 ,within ,state allocations4,sec4 #abi4 ,use of funds for youth workforce investment activities4,chapter #c--;,adult and dislocated worker employment and training activities,sec4 #aca4 ,general authorization4,sec4 #acb4 ,state allotments4,sec4 #acc4 ,within ,state allocations4,sec4 #acd4 ,use of funds for employment and training activities4,chapter #d--;,general workforce investment provisions,sec4 #acf4 ,authorization of appropriations4 ,subtitle ,c--,job ,corps,sec4 #ada4 ,purposes4,sec4 #adb4 ,definitions4,sec4 #adc4 ,establishment4,sec4 #add4 ,individuals eligible for the ,job ,corps4,sec4 #ade4 ,recruitment1 screening1 selection1 and assignment of enrollees4,sec4 #adf4 ,enrollment4,sec4 #adg4 ,job ,corps centers4,sec4 #adh4 ,program activities4,sec4 #adi4 ,counseling and job placement4,sec4 #aej4 ,support4,sec4 #aea4 ,operations4,sec4 #aeb4 ,standards of conduct4,sec4 #aec4 ,community participation4,sec4 #aed4 ,workforce councils4,sec4 #aee4 ,advisory committees4,sec4 #aef4 ,experimental projects and technical assistance4,sec4 #aeg4 ,application of provisions of ,federal law4,sec4 #aeh4 ,special provisions4,sec4 #aei4 ,management information4,sec4 #afj4 ,general provisions4,sec4 #afa4 ,job ,corps oversight and reporting4,sec4 #afb4 ,authorization of appropriations4,subtitle ,d--,national programs,sec4 #aff4 ,native ,american programs4,sec4 #afg4 ,migrant and seasonal farmworker programs4,sec4 #afh4 ,technical assistance4,sec4 #afi4 ,evaluations and research4,sec4 #agj4 ,national dislocated worker grants4,sec4 #aga4 ,youth,build program4,sec4 #agb4 ,authorization of appropriations4,subtitle ,e--,administration,sec4 #aha4 ,requirements and restrictions4,sec4 #ahb4 ,prompt allocation of funds4,sec4 #ahc4 ,monitoring4,sec4 #ahd4 ,fiscal controls2 sanctions4,sec4 #ahe4 ,reports2 recordkeeping2 investigations4,sec4 #ahf4 ,administrative adjudication4,sec4 #ahg4 ,judicial review4,sec4 #ahh4 ,nondiscrimination4,sec4 #ahi4 ,secretarial administrative authorities and responsibilities4,sec4 #aij4 ,workforce flexibility plans4,sec4 #aia4 ,state legislative authority4,sec4 #aib4 ,transfer of ,federal equity in ,state employment security agency real property to the ,states4,sec4 #aic4 ,continuation of ,state activities and policies4,sec4 #aid4 ,general program requirements4,sec4 #aie4 ,restrictions on lobbying activities4,,title ,,ii--,adult education and literacy,sec4 #bja4 ,short title4,sec4 #bjb4 ,purpose4,sec4 #bjc4 ,definitions4,sec4 #bjd4 ,home schools4,sec4 #bje4 ,rule of construction regarding postsecondary transition and concurrent enrollment activities4,sec4 #bjf4 ,authorization of appropriations4,subtitle ,a--,federal provisions ,sec4 #baa4 ,reservation of funds2 grants to eligible agencies2 allotments4,sec4 #bab4 ,performance accountability system4,subtitle ,b--,state provisions,sec4 #bba4 ,state administration4,sec4 #bbb4 ,state distribution of funds2 matching requirement4,sec4 #bbc4 ,state leadership activities4,sec4 #bbd4 ,state plan4,sec4 #bbe4 ,programs for corrections education and other institutionalized individuals4,subtitle ,c--,local provisions,sec4 #bca4 ,grants and contracts for eligible providers4,sec4 #bcb4 ,local application4,sec4 #bcc4 ,local administrative cost limits4,subtitle ,d--,general provisions,sec4 #bda4 ,administrative provisions4,sec4 #bdb4 ,national leadership activities4,sec4 #bdc4 ,integrated ,english literacy and civics education4,,title ,,iii--,amendments to the ,wagner-,peyser ,act,sec4 #cja4 ,employment service offices4,sec4 #cjb4 ,definitions4,sec4 #cjc4 ,federal and ,state employment service offices4,sec4 #cjd4 ,allotment of sums4,sec4 #cje4 ,use of sums4,sec4 #cjf4 ,state plan4,sec4 #cjg4 ,performance measures4,sec4 #cjh4 ,workforce and labor market information system4,,title ,,iv--,amendments to the ,rehabilitation ,act of #aigc,subtitle ,a--,introductory ,provisions,sec4 #dja4 ,references4,sec4 #djb4 ,findings1 purpose1 policy4,sec4 #djc4 ,rehabilitation ,services ,administration4,sec4 #djd4 ,definitions4,sec4 #dje4 ,administration of the ,act4,sec4 #djf4 ,reports4,sec4 #djg4 ,evaluation and information4,sec4 #djh4 ,carryover4,sec4 #dji4 ,traditionally underserved populations4,subtitle ,b--,vocational rehabilitation services,sec4 #daa4 ,declaration of policy2 authorization of appropriations4,sec4 #dab4 ,state plans4,sec4 #dac4 ,eligibility and individualized plan for employment4,sec4 #dad4 ,vocational rehabilitation services4,sec4 #dae4 ,state ,rehabilitation ,council4,sec4 #daf4 ,evaluation standards and performance indicators4,sec4 #dag4 ,monitoring and review4,sec4 #dah4 ,training and services for employers4,sec4 #dai4 ,state allotments4,sec4 #dbj4 ,payments to ,states4,sec4 #dba4 ,client assistance program4,sec4 #dbb4 ,pre-employment transition services4,sec4 #dbc4 ,american ,indian vocational rehabilitation services4,sec4 #dbd4 ,vocational rehabilitation services client information4,subtitle ,c--,research and ,training,sec4 #dca4 ,purpose4,sec4 #dcb4 ,authorization of appropriations4,sec4 #dcc4 ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research4,sec4 #dcd4 ,interagency committee4,sec4 #dce4 ,research and other covered activities4,sec4 #dcf4 ,disability1 ,independent ,living1 and ,rehabilitation ,research ,advisory ,council4,sec4 #dcg4 ,definition of covered school4,subtitle ,d--,professional ,development and ,special ,projects and ,demonstration,sec4 #dda4 ,purpose2 training4,sec4 #ddb4 ,demonstration1 training1 and technical assistance programs4,sec4 #ddc4 ,migrant and seasonal farmworkers2 recreational programs4,subtitle ,e--,national ,council on ,disability,sec4 #dea4 ,establishment4,sec4 #deb4 ,report4,sec4 #dec4 ,authorization of appropriations4,subtitle ,f--,rights and advocacy,sec4 #def4 ,interagency ,committee1 ,board1 and ,council4,sec4 #deg4 ,protection and advocacy of individual rights4,sec4 #deh4 ,limitations on use of subminimum wage4,subtitle ,g--,employment ,opportunities for ,individuals ,with ,disabilities ,sec4 #dfa4 ,employment opportunities for individuals with disabilities4,subtitle ,h--,independent ,living ,services and ,centers for ,independent ,living,chapter #a--;,individuals with significant disabilities,s,u,b,c,h,a,p,t,e,r ,a--,general provisions,sec4 #dga4 ,purpose4,sec4 #dgb4 ,administration of the independent living program4,sec4 #dgc4 ,definitions4,sec4 #dgd4 ,state plan4,sec4 #dge4 ,statewide ,independent ,living ,council4,sec4 #dge;,a4 ,responsibilities of the ,administrator4,,subchapter ,b--,independent living services,sec4 #dgf4 ,administration4,,subchapter ,c--,centers for independent living,sec4 #dha4 ,program authorization4,sec4 #dhb4 ,centers4,sec4 #dhc4 ,standards and assurances4,sec4 #dhd4 ,authorization of appropriations4,chapter #b--;,independent ,living ,services for ,older ,individuals who are ,blind,sec4 #dhf4 ,independent living services for older individuals who are blind4,sec4 #dhg4 ,program of grants4,sec4 #dhh4 ,independent living services for older individuals who are blind authorization of appropriations4,subtitle ,i--,general provisions,sec4 #dia4 ,transfer of functions regarding independent living to ,department of ,health and ,human ,services1 and savings provisions4,sec4 #dib4 ,table of contents4,,title ,v--,general provisions,subtitle ,a--,workforce investment,sec4 #eja4 ,privacy4,sec4 #ejb4 ,buy-,american requirements4,sec4 #ejc4 ,transition provisions4,sec4 #ejd4 ,reduction of reporting burdens and requirements4,sec4 #eje4 ,report on data capability of ,federal and ,state databases and data exchange agreements4,sec4 #ejf4 ,effective dates4,subtitle ,b--,amendments to other laws,sec4 #eaa4 ,repeal of the ,workforce ,investment ,act of #aiih4,sec4 #eab4 ,conforming amendments4,sec4 #eac4 ,references4 #b4 ,purposes ,the purposes of this ,act are the following3 7#a7 ,to increase1 for individuals in the ,united ,states1 particularly those individuals with barriers to employment1 access to and opportunities for the employment1 education1 training1 and support services they need to succeed in the labor market4 7#b7 ,to support the alignment of workforce investment1 education1 and economic development systems in support of a comprehensive1 accessible1 and high-quality workforce development system in the ,united ,states4 7#c7 ,to improve the quality and labor market relevance of workforce investment1 education1 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 economy4 7#d7 ,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 workers1 jobseekers1 and employers4 7#e7 ,to increase the prosperity of workers and employers in the ,united ,states1 the economic growth of communities1 regions1 and ,states1 and the global competitiveness of the ,united ,states4 7#f7 ,for purposes of subtitle ,a and ,b of title ,i1 to provide workforce investment activities1 through statewide and local workforce development systems1 that increase the employment1 retention1 and earnings of participants1 and increase attainment of recognized postsecondary credentials by participants1 and as a result1 improve the quality of the workforce1 reduce welfare dependency1 increase economic self-sufficiency1 meet the skill requirements of employers1 and enhance the productivity and competitiveness of the ,nation4 #c4 ,definitions ,in this ,act1 and the core program provisions that are not in this ,act1 except as otherwise expressly provided3 7#a7 ,administrative costs ,the term administrative costs means expenditures incurred by ,state boards and local boards1 direct recipients 7including ,state grant recipients under subtitle ,b of title ,i and recipients of awards under subtitles ,c and ,d of title ,i71 local grant recipients1 local fiscal agents or local grant subrecipients1 and one-stop operators in the performance of administrative functions and in carrying out activities under title ,i that are not related to the direct provision of workforce investment services 7including services to participants and employers74 ,such costs include both personnel and nonpersonnel costs and both direct and indirect costs4 7#b7 ,adult ,except as otherwise specified in section #acb1 the term adult means an individual who is age #ah or older4 7#c7 ,adult education2 adult education and literacy activities ,the terms adult education and adult education and literacy activities have the meanings given the terms in section #bjc4 7#d7 ,area career and technical education school ,the term area career and technical education school has the meaning given the term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#e7 ,basic skills deficient ,the term basic skills deficient means1 with respect to an individual-- 7,a7 who is a youth1 that the individual has ,english reading1 writing1 or computing skills at or below the #hth grade level on a generally accepted standardized test2 or 7,b7 who is a youth or adult1 that the individual is unable to compute or solve problems1 or read1 write1 or speak ,english1 at a level necessary to function on the job1 in the individual's family1 or in society4 7#f7 ,career and technical education ,the term career and technical education has the meaning given the term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#g7 ,career pathway ,the term career pathway means a combination of rigorous and high-quality education1 training1 and other services that-- 7,a7 aligns with the skill needs of industries in the economy of the ,state or regional economy involved2 7,b7 prepares an individual to be successful in any of a full range of secondary or postsecondary education options1 including apprenticeships registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq47 7referred to individually in this ,act as an apprenticeship1 except in section #aga72 7,c7 includes counseling to support an individual in achieving the individual's education and career goals2 7,d7 includes1 as appropriate1 education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster2 7,e7 organizes education1 training1 and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable2 7,f7 enables an individual to attain a secondary school diploma or its recognized equivalent1 and at least #a recognized postsecondary credential2 and 7,g7 helps an individual enter or advance within a specific occupation or occupational cluster4 7#h7 ,career planning ,the term career planning means the provision of a client-centered approach in the delivery of services1 designed-- 7,a7 to prepare and coordinate comprehensive employment plans1 such as service strategies1 for participants to ensure access to necessary workforce investment activities and supportive services1 using1 where feasible1 computer-based technologies2 and 7,b7 to provide job1 education1 and career counseling1 as appropriate during program participation and after job placement4 7#i7 ,chief elected official ,the term chief elected official means-- 7,a7 the chief elected executive officer of a unit of general local government in a local area2 and 7,b7 in a case in which a local area includes more than #a unit of general local government1 the individuals designated under the agreement described in section #ajg7;c77#a77;,b74 7#aj7 ,community-based organization ,the term community-based organization means a private nonprofit organization 7which may include a faith-based organization71 that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development4 7#aa7 ,competitive integrated employment ,the term competitive integrated employment has the meaning given the term in section #g of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje71 for individuals with disabilities4 7#ab7 ,core program ,the term core programs means a program authorized under a core program provision4 7#ac7 ,core program provision ,the term core program provision means-- 7,a7 chapters #b and #c of subtitle ,b of title ,i 7relating to youth workforce investment activities and adult and dislocated worker employment and training activities72 7,b7 title ,,ii 7relating to adult education and literacy activities72 7,c7 sections #a through #ac of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 7relating to employment services72 and 7,d7 title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda7 7relating to vocational rehabilitation services74 7#ad7 ,customized training ,the term customized training means training-- 7,a7 that is designed to meet the specific requirements of an employer 7including a group of employers72 7,b7 that is conducted with a commitment by the employer to employ an individual upon successful completion of the training2 and 7,c7 for which the employer pays-- 7i7 a significant portion of the cost of training1 as determined by the local board involved1 taking into account the size of the employer and such other factors as the local board determines to be appropriate1 which may include the number of employees participating in training1 wage and benefit levels of those employees 7at present and anticipated upon completion of the training71 relation of the training to the competitiveness of a participant1 and other employer-provided training and advancement opportunities2 and 7ii7 in the case of customized training 7as defined in subparagraphs 7,a7 and 7,b77 involving an employer located in multiple local areas in the ,state1 a significant portion of the cost of the training1 as determined by the ,governor of the ,state1 taking into account the size of the employer and such other factors as the ,governor determines to be appropriate4 7#ae7 ,dislocated worker ,the term dislocated worker means an individual who-- 7,a7 7i7 has been terminated or laid off1 or who has received a notice of termination or layoff1 from employment2 7ii7 7,i7 is eligible for or has exhausted entitlement to unemployment compensation2 or 7,,ii7 has been employed for a duration sufficient to demonstrate1 to the appropriate entity at a one-stop center referred to in section #aba7;e71 attachment to the workforce1 but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a ,state unemployment compensation law2 and 7iii7 is unlikely to return to a previous industry or occupation2 7,b7 7i7 has been terminated or laid off1 or has received a notice of termination or layoff1 from employment as a result of any permanent closure of1 or any substantial layoff at1 a plant1 facility1 or enterprise2 7ii7 is employed at a facility at which the employer has made a general announcement that such facility will close within #ahj days2 or 7iii7 for purposes of eligibility to receive services other than training services described in section #acd7;c77#c71 career services described in section #acd7;c77#b77;,a77xii71 or supportive services1 is employed at a facility at which the employer has made a general announcement that such facility will close2 7,c7 was self-employed 7including employment as a farmer1 a rancher1 or a fisherman7 but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters2 7,d7 is a displaced homemaker2 or 7,e7 7i7 is the spouse of a member of the ,armed ,forces on active duty 7as defined in section #aja7;d77#a7 of title #aj1 ,united ,states ,code71 and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member2 or 7ii7 is the spouse of a member of the ,armed ,forces on active duty and who meets the criteria described in paragraph 7#af77;,b74 7#af7 ,displaced homemaker ,the term displaced homemaker means an individual who has been providing unpaid services to family members in the home and who-- 7,a7 7i7 has been dependent on the income of another family member but is no longer supported by that income2 or 7ii7 is the dependent spouse of a member of the ,armed ,forces on active duty 7as defined in section #aja7;d77#a7 of title #aj1 ,united ,states ,code7 and whose family income is significantly reduced because of a deployment 7as defined in section #iia7;b7 of title #aj1 ,united ,states ,code1 or pursuant to paragraph 7#d7 of such section71 a call or order to active duty pursuant to a provision of law referred to in section #aja7;a77#ac77;,b7 of title #aj1 ,united ,states ,code1 a permanent change of station1 or the service-connected 7as defined in section #aja7af7 of title #ch1 ,united ,states ,code7 death or disability of the member2 and 7,b7 is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment4 7#ag7 ,economic development agency ,the term economic development agency includes a local planning or zoning commission or board1 a community development agency1 or another local agency or institution responsible for regulating1 promoting1 or assisting in local economic development4 7#ah7 ,eligible youth ,except as provided in subtitles ,c and ,d of title ,i1 the term eligible youth means an in-school youth or out-of-school youth4 7#ai7 ,employment and training activity ,the term employment and training activity means an activity described in section #acd that is carried out for an adult or dislocated worker4 7#bj7 ,english language acquisition program ,the term ,english language acquisition program has the meaning given the term in section #bjc4 7#ba7 ,english language learner ,the term ,english language learner has the meaning given the term in section #bjc4 7#bb7 ,governor ,the term ,governor means the chief executive of a ,state or an outlying area4 7#bc7 ,in-demand industry sector or occupation 7,a7 ,in general ,the term in-demand industry sector or occupation means-- 7i7 an industry sector that has a substantial current or potential impact 7including through jobs that lead to economic self-sufficiency and opportunities for advancement7 on the ,state1 regional1 or local economy1 as appropriate1 and that contributes to the growth or stability of other supporting businesses1 or the growth of other industry sectors2 or 7ii7 an occupation that currently has or is projected to have a number of positions 7including positions that lead to economic self-sufficiency and opportunities for advancement7 in an industry sector so as to have a significant impact on the ,state1 regional1 or local economy1 as appropriate4 7,b7 ,determination ,the determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the ,state board or local board1 as appropriate1 using ,state and regional business and labor market projections1 including the use of labor market information4 7#bd7 ,individual with a barrier to employment ,the term individual with a barrier to employment means a member of #a or more of the following populations3 7,a7 ,displaced homemakers4 7,b7 ,low-income individuals4 7,c7 ,indians1 ,alaska ,natives1 and ,native ,hawaiians1 as such terms are defined in section #aff4 7,d7 ,individuals with disabilities1 including youth who are individuals with disabilities4 7,e7 ,older individuals4 7,f7 ,ex-offenders4 7,g7 ,homeless individuals 7as defined in section #dadjc7f7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#b7f7771 or homeless children and youths 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7774 7,h7 ,youth who are in or have aged out of the foster care system4 7,i7 ,individuals who are ,english language learners1 individuals who have low levels of literacy1 and individuals facing substantial cultural barriers4 7,j7 ,eligible migrant and seasonal farmworkers1 as defined in section #afg7;i74 7,k7 ,individuals within #b years of exhausting lifetime eligibility under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7,l7 ,single parents 7including single pregnant women74 7,m7 ,long-term unemployed individuals4 7,n7 ,such other groups as the ,governor involved determines to have barriers to employment4 7#be7 ,individual with a disability 7,a7 ,in general ,the term individual with a disability means an individual with a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7,b7 ,individuals with disabilities ,the term individuals with disabilities means more than #a individual with a disability4 7#bf7 ,industry or sector partnership ,the term industry or sector partnership means a workforce collaborative1 convened by or acting in partnership with a ,state board or local board1 that-- 7,a7 organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes1 at the appropriate stage of development of the partnership-- 7i7 representatives of multiple businesses or other employers in the industry cluster1 including small and medium-sized employers when practicable2 7ii7 #a or more representatives of a recognized ,state labor organization or central labor council1 or another labor representative1 as appropriate2 and 7iii7 #a or more representatives of an institution of higher education with1 or another provider of1 education or training programs that support the industry cluster2 and 7,b7 may include representatives of-- 7i7 ,state or local government2 7ii7 ,state or local economic development agencies2 7iii7 ,state boards or local boards1 as appropriate2 7iv7 a ,state workforce agency or other entity providing employment services2 7v7 other ,state or local agencies2 7vi7 business or trade associations2 7vii7 economic development organizations2 7viii7 nonprofit organizations1 community-based organizations1 or intermediaries2 7ix7 philanthropic organizations2 7x7 industry associations2 and 7xi7 other organizations1 as determined to be necessary by the members comprising the industry or sector partnership4 7#bg7 ,in-school youth ,the term in-school youth means a youth described in section #abi7;a77#a77;,c74 7#bh7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja1 and subparagraphs 7,a7 and 7,b7 of section #ajb7;a77#a71 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja1 #ajjb7;a77#a774 7#bi7 ,integrated education and training ,the term integrated education and training has the meaning given the term in section #bjc4 7#cj7 ,labor market area ,the term labor market area means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence4 ,such an area shall be identified in accordance with criteria used by the ,bureau of ,labor ,statistics of the ,department of ,labor in defining such areas or similar criteria established by a ,governor4 7#ca7 ,literacy ,the term literacy has the meaning given the term in section #bjc4 7#cb7 ,local area ,the term local area means a local workforce investment area designated under section #ajf1 subject to sections #ajf7;c77#c77;,a71 #ajg7;c77#d77;,b77i71 and #ahi7;i74 7#cc7 ,local board ,the term local board means a local workforce development board established under section #ajg1 subject to section #ajg7;c77#d77;,b77i74 7#cd7 ,local educational agency ,the term local educational agency has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ce7 ,local plan ,the term local plan means a plan submitted under section #ajh1 subject to section #ajf7;c77#c77;,b74 7#cf7 ,low-income individual 7,a7 ,in general ,the term low-income individual means an individual who-- 7i7 receives1 or in the past #f months has received1 or is a member of a family that is receiving or in the past #f months has received1 assistance through the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 the program of block grants to ,states for temporary assistance for needy families program under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq471 or the supplemental security income program established under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq471 or ,state or local income-based public assistance2 7ii7 is in a family with total family income that does not exceed the higher of-- 7,i7 the poverty line2 or 7,,ii7 #gj percent of the lower living standard income level2 7iii7 is a homeless individual 7as defined in section #dadjc7f7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#b7f7771 or a homeless child or youth 7as defined under section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7772 7iv7 receives or is eligible to receive a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7v7 is a foster child on behalf of whom ,state or local government payments are made2 or 7vi7 is an individual with a disability whose own income meets the income requirement of clause 7ii71 but who is a member of a family whose income does not meet this requirement4 7,b7 ,lower living standard income level ,the term lower living standard income level means that income level 7adjusted for regional1 metropolitan1 urban1 and rural differences and family size7 determined annually by the ,secretary of ,labor based on the most recent lower living family budget issued by the ,secretary4 7#cg7 ,nontraditional employment ,the term nontraditional employment refers to occupations or fields of work1 for which individuals from the gender involved comprise less than #be percent of the individuals employed in each such occupation or field of work4 7#ch7 ,offender ,the term offender means an adult or juvenile-- 7,a7 who is or has been subject to any stage of the criminal justice process1 and for whom services under this ,act may be beneficial2 or 7,b7 who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction4 7#ci7 ,older individual ,the term older individual means an individual age #ee or older4 7#dj7 ,one-stop center ,the term one-stop center means a site described in section #aba7;e77#b74 7#da7 ,one-stop operator ,the term one-stop operator means #a or more entities designated or certified under section #aba7;d74 7#db7 ,one-stop partner ,the term one-stop partner means-- 7,a7 an entity described in section #aba7;b77#a72 and 7,b7 an entity described in section #aba7;b77#b7 that is participating1 with the approval of the local board and chief elected official1 in the operation of a one-stop delivery system4 7#dc7 ,one-stop partner program ,the term one-stop partner program means a program or activities described in section #aba7;b7 of a one-stop partner4 7#dd7 ,on-the-job training ,the term on-the-job training means training by an employer that is provided to a paid participant while engaged in productive work in a job that-- 7,a7 provides knowledge or skills essential to the full and adequate performance of the job2 7,b7 is made available through a program that provides reimbursement to the employer of up to #ej percent of the wage rate of the participant1 except as provided in section #acd7;c77#c77;,h71 for the extraordinary costs of providing the training and additional supervision related to the training2 and 7,c7 is limited in duration as appropriate to the occupation for which the participant is being trained1 taking into account the content of the training1 the prior work experience of the participant1 and the service strategy of the participant1 as appropriate4 7#de7 ,outlying area ,the term outlying area means-- 7,a7 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands2 and 7,b7 the ,republic of ,palau1 except during any period for which the ,secretary of ,labor and the ,secretary of ,education determine that a ,compact of ,free ,association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this ,act4 7#df7 ,out-of-school youth ,the term out-of-school youth means a youth described in section #abi7;a77#a77;,b74 7#dg7 ,pay-for-performance contract strategy ,the term pay-for-performance contract strategy means a procurement strategy that uses pay-for-performance contracts in the provision of training services described in section #acd7;c77#c7 or activities described in section #abi7;c77#b71 and includes-- 7,a7 contracts1 each of which shall specify a fixed amount that will be paid to an eligible service provider 7which may include a local or national community-based organization or intermediary1 community college1 or other training provider1 that is eligible under section #abb or #abc1 as appropriate7 based on the achievement of specified levels of performance on the primary indicators of performance described in section #aaf7;b77#b77;,a7 for target populations as identified by the local board 7including individuals with barriers to employment71 within a defined timetable1 and which may provide for bonus payments to such service provider to expand capacity to provide effective training2 7,b7 a strategy for independently validating the achievement of the performance described in subparagraph 7,a72 and 7,c7 a description of how the ,state or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph 7,a7 did not occur1 for further activities related to such a procurement strategy1 subject to section #ahi7;g77#d74 7#dh7 ,planning region ,the term planning region means a region described in subparagraph 7,b7 or 7,c7 of section #ajf7;a77#b71 subject to section #ajg7;c77#d77;,b77i74 7#di7 ,poverty line ,the term poverty line means the poverty line 7as defined by the ,office of ,management and ,budget1 and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 applicable to a family of the size involved4 7#ej7 ,public assistance ,the term public assistance means ,federal1 ,state1 or local government cash payments for which eligibility is determined by a needs or income test4 7#ea7 ,rapid response activity ,the term rapid response activity means an activity provided by a ,state1 or by an entity designated by a ,state1 with funds provided by the ,state under section #acd7;a77#a77;,a71 in the case of a permanent closure or mass layoff at a plant1 facility1 or enterprise1 or a natural or other disaster1 that results in mass job dislocation1 in order to assist dislocated workers in obtaining reemployment as soon as possible1 with services including-- 7,a7 the establishment of onsite contact with employers and employee representatives-- 7i7 immediately after the ,state is notified of a current or projected permanent closure or mass layoff2 or 7ii7 in the case of a disaster1 immediately after the ,state is made aware of mass job dislocation as a result of such disaster2 7,b7 the provision of information on and access to available employment and training activities2 7,c7 assistance in establishing a labor-management committee1 voluntarily agreed to by labor and management1 with the ability to devise and implement a strategy for assessing the employment and training needs of dislocated workers and obtaining services to meet such needs2 7,d7 the provision of emergency assistance adapted to the particular closure1 layoff1 or disaster2 and 7,e7 the provision of assistance to the local community in developing a coordinated response and in obtaining access to ,state economic development assistance4 7#eb7 ,recognized postsecondary credential ,the term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification1 a certificate of completion of an apprenticeship1 a license recognized by the ,state involved or ,federal ,government1 or an associate or baccalaureate degree4 7#ec7 ,region ,the term region1 used without further description1 means a region identified under section #ajf7;a71 subject to section #ajg7;c77#d77;,b77i7 and except as provided in section #ajf7;b77#a77;,b77ii74 7#ed7 ,school dropout ,the term school dropout means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent4 7#ee7 ,secondary school ,the term secondary school has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ef7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#eg7 ,state board ,the term ,state board means a ,state workforce development board established under section #aja4 7#eh7 ,state plan ,the term ,state plan1 used without further description1 means a unified ,state plan under section #ajb or a combined ,state plan under section #ajc4 7#ei7 ,supportive services ,the term supportive services means services such as transportation1 child care1 dependent care1 housing1 and needs-related payments1 that are necessary to enable an individual to participate in activities authorized under this ,act4 7#fj7 ,training services ,the term training services means services described in section #acd7;c77#c74 7#fa7 ,unemployed individual ,the term unemployed individual means an individual who is without a job and who wants and is available for work4 ,the determination of whether an individual is without a job1 for purposes of this paragraph1 shall be made in accordance with the criteria used by the ,bureau of ,labor ,statistics of the ,department of ,labor in defining individuals as unemployed4 7#fb7 ,unit of general local government ,the term unit of general local government means any general purpose political subdivision of a ,state that has the power to levy taxes and spend funds1 as well as general corporate and police powers4 7#fc7 ,veteran2 related definition 7,a7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7,b7 ,recently separated veteran ,the term recently separated veteran means any veteran who applies for participation under this ,act within #dh months after the discharge or release from active military1 naval1 or air service4 7#fd7 ,vocational rehabilitation program ,the term vocational rehabilitation program means a program authorized under a provision covered under paragraph 7#ac77;,d74 7#fe7 ,workforce development activity ,the term workforce development activity means an activity carried out through a workforce development program4 7#ff7 ,workforce development program ,the term workforce development program means a program made available through a workforce development system4 7#fg7 ,workforce development system ,the term workforce development system means a system that makes available the core programs1 the other one-stop partner programs1 and any other programs providing employment and training services as identified by a ,state board or local board4 7#fh7 ,workforce investment activity ,the term workforce investment activity means an employment and training activity1 and a youth workforce investment activity4 7#fi7 ,workforce preparation activities ,the term workforce preparation activities has the meaning given the term in section #bjc4 7#gj7 ,workplace learning advisor ,the term workplace learning advisor means an individual employed by an organization who has the knowledge and skills necessary to advise other employees of that organization about the education1 skill development1 job training1 career counseling services1 and credentials1 including services provided through the workforce development system1 required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency4 7#ga7 ,youth workforce investment activity ,the term youth workforce investment activity means an activity described in section #abi that is carried out for eligible youth 7or as described in section #abi7;a77#c77;,a774 ,i ,workforce development activities ,a ,system alignment #a ,state provisions #aja4 ,state workforce development boards 7a7 ,in general ,the ,governor of a ,state shall establish a ,state workforce development board to carry out the functions described in subsection 7d74 7b7 ,membership 7#a7 ,in general ,the ,state board shall include-- 7,a7 the ,governor2 7,b7 a member of each chamber of the ,state legislature 7to the extent consistent with ,state law71 appointed by the appropriate presiding officers of such chamber2 and 7,c7 members appointed by the ,governor1 of which-- 7i7 a majority shall be representatives of businesses in the ,state1 who-- 7,i7 are owners of businesses1 chief executives or operating officers of businesses1 or other business executives or employers with optimum policymaking or hiring authority1 and who1 in addition1 may be members of a local board described in section #ajg7;b77#b77;,a77i72 7,,ii7 represent businesses 7including small businesses71 or organizations representing businesses described in this subclause1 that provide employment opportunities that1 at a minimum1 include high-quality1 work-relevant training and development in in-demand industry sectors or occupations in the ,state2 and 7,,iii7 are appointed from among individuals nominated by ,state business organizations and business trade associations2 7ii7 not less than #bj percent shall be representatives of the workforce within the ,state1 who-- 7,i7 shall include representatives of labor organizations1 who have been nominated by ,state labor federations2 7,,ii7 shall include a representative1 who shall be a member of a labor organization or a training director1 from a joint labor-management apprenticeship program1 or if no such joint program exists in the ,state1 such a representative of an apprenticeship program in the ,state2 7,,iii7 may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment1 training1 or education needs of individuals with barriers to employment1 including organizations that serve veterans or that provide or support competitive1 integrated employment for individuals with disabilities2 and 7,,iv7 may include representatives of organizations that have demonstrated experience and expertise in addressing the employment1 training1 or education needs of eligible youth1 including representatives of organizations that serve out-of-school youth2 and 7iii7 the balance-- 7,i7 shall include representatives of government1 who-- 7aa7 shall include the lead ,state officials with primary responsibility for the core programs2 and 7bb7 shall include chief elected officials 7collectively representing both cities and counties1 where appropriate72 and 7,,ii7 may include such other representatives and officials as the ,governor may designate1 such as-- 7aa7 the ,state agency officials from agencies that are one-stop partners not specified in subclause 7,i7 7including additional one-stop partners whose programs are covered by the ,state plan1 if any72 7bb7 ,state agency officials responsible for economic development or juvenile justice programs in the ,state2 7cc7 individuals who represent an ,indian tribe or tribal organization1 as such terms are defined in section #aff7;b72 and 7dd7 ,state agency officials responsible for education programs in the ,state1 including chief executive officers of community colleges and other institutions of higher education4 7#b7 ,diverse and distinct representation ,the members of the ,state board shall represent diverse geographic areas of the ,state1 including urban1 rural1 and suburban areas4 7#c7 ,no representation of multiple categories ,no person shall serve as a member for more than #a of-- 7,a7 the category described in paragraph 7#a77;,c77i72 or 7,b7 #a category described in a subclause of clause 7ii7 or 7iii7 of paragraph 7#a77;,c74 7c7 ,chairperson ,the ,governor shall select a chairperson for the ,state board from among the representatives described in subsection 7b77#a77;,c77i74 7d7 ,functions ,the ,state board shall assist the ,governor in-- 7#a7 the development1 implementation1 and modification of the ,state plan2 7#b7 consistent with paragraph 7#a71 the review of statewide policies1 of statewide programs1 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 ,state1 including the review and provision of comments on the ,state plans1 if any1 for programs and activities of one-stop partners that are not core programs2 7#c7 the development and continuous improvement of the workforce development system in the ,state1 including-- 7,a7 the identification of barriers and means for removing barriers to better coordinate1 align1 and avoid duplication among the programs and activities carried out through the system2 7,b7 the development of strategies to support the use of career pathways for the purpose of providing individuals1 including low-skilled adults1 youth1 and individuals with barriers to employment 7including individuals with disabilities71 with workforce investment activities1 education1 and supportive services to enter or retain employment2 7,c7 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 system2 7,d7 the development and expansion of strategies for meeting the needs of employers1 workers1 and jobseekers1 particularly through industry or sector partnerships related to in-demand industry sectors and occupations2 7,e7 the identification of regions1 including planning regions1 for the purposes of section #ajf7;a71 and the designation of local areas under section #ajf1 after consultation with local boards and chief elected officials2 7,f7 the development and continuous improvement of the one-stop delivery system in local areas1 including providing assistance to local boards1 one-stop operators1 one-stop partners1 and providers with planning and delivering services1 including training services and supportive services1 to support effective delivery of services to workers1 jobseekers1 and employers2 and 7,g7 the development of strategies to support staff training and awareness across programs supported under the workforce development system2 7#d7 the development and updating of comprehensive ,state performance accountability measures1 including ,state adjusted levels of performance1 to assess the effectiveness of the core programs in the ,state as required under section #aaf7;b72 7#e7 the identification and dissemination of information on best practices1 including best practices for-- 7,a7 the effective operation of one-stop centers1 relating to the use of business outreach1 partnerships1 and service delivery strategies1 including strategies for serving individuals with barriers to employment2 7,b7 the development of effective local boards1 which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance1 sustain fiscal integrity1 and achieve other measures of effectiveness2 and 7,c7 effective training programs that respond to real-time labor market analysis1 that effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge1 skills1 competencies1 and experiences1 and that evaluate such skills1 and competencies for adaptability1 to support efficient placement into employment or career pathways2 7#f7 the development and review of statewide policies affecting the coordinated provision of services through the ,state's one-stop delivery system described in section #aba7;e71 including the development of-- 7,a7 objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section2 7,b7 guidance for the allocation of one-stop center infrastructure funds under section #aba7;h72 and 7,c7 policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system1 including approaches to facilitating equitable and efficient cost allocation in such system2 7#g7 the development of strategies for technological improvements to facilitate access to1 and improve the quality of1 services and activities provided through the one-stop delivery system1 including such improvements to-- 7,a7 enhance digital literacy skills 7as defined in section #bjb of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iaja72 referred to in this ,act as digital literacy skills72 7,b7 accelerate the acquisition of skills and recognized postsecondary credentials by participants2 7,c7 strengthen the professional development of providers and workforce professionals2 and 7,d7 ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas2 7#h7 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 7including the design and implementation of common intake1 data collection1 case management information1 and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation1 to improve coordination of services across one-stop partner programs72 7#i7 the development of allocation formulas for the distribution of funds for employment and training activities for adults1 and youth workforce investment activities1 to local areas as permitted under sections #abh7;b77#c7 and #acc7;b77#c72 7#aj7 the preparation of the annual reports described in paragraphs 7#a7 and 7#b7 of section #aaf7;d72 7#aa7 the development of the statewide workforce and labor market information system described in section #ae7;e7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;e772 and 7#ab7 the development of such other policies as may promote statewide objectives for1 and enhance the performance of1 the workforce development system in the ,state4 7e7 ,alternative entity 7#a7 ,in general ,for the purposes of complying with subsections 7a71 7b71 and 7c71 a ,state may use any ,state entity 7including a ,state council1 ,state workforce development board 7within the meaning of the ,workforce ,investment ,act of #aiih1 as in effect on the day before the date of enactment of this ,act71 combination of regional workforce development boards1 or similar entity7 that-- 7,a7 was in existence on the day before the date of enactment of the ,workforce ,investment ,act of #aiih2 7,b7 is substantially similar to the ,state board described in subsections 7a7 through 7c72 and 7,c7 includes representatives of business in the ,state and representatives of labor organizations in the ,state4 7#b7 ,references ,a reference in this ,act1 or a core program provision that is not in this ,act1 to a ,state board shall be considered to include such an entity4 7f7 ,conflict of interest ,a member of a ,state board may not-- 7#a7 vote on a matter under consideration by the ,state board-- 7,a7 regarding the provision of services by such member 7or by an entity that such member represents72 or 7,b7 that would provide direct financial benefit to such member or the immediate family of such member2 or 7#b7 engage in any other activity determined by the ,governor to constitute a conflict of interest as specified in the ,state plan4 7g7 ,sunshine provision ,the ,state board shall make available to the public1 on a regular basis through electronic means and open meetings1 information regarding the activities of the ,state board1 including information regarding the ,state plan1 or a modification to the ,state plan1 prior to submission of the plan or modification of the plan1 respectively1 information regarding membership1 and1 on request1 minutes of formal meetings of the ,state board4 7h7 ,authority ,to hire staff 7#a7 ,in general ,the ,state board may hire a director and other staff to assist in carrying out the functions described in subsection 7d7 using funds available as described in section #abi7;b77#c7 or #acd7;a77#c77;,b77i74 7#b7 ,qualifications ,the ,state board shall establish and apply a set of objective qualifications for the position of director1 that ensures that the individual selected has the requisite knowledge1 skills1 and abilities1 to meet identified benchmarks and to assist in effectively carrying out the functions of the ,state board4 7#c7 ,limitation on rate ,the director and staff described in paragraph 7#a7 shall be subject to the limitations on the payment of salary and bonuses described in section #aid7ae74 #ajb4 ,unified ,state plan 7a7 ,plan ,for a ,state to be eligible to receive allotments for the core programs1 the ,governor shall submit to the ,secretary of ,labor for the approval process described under subsection 7c77#b71 a unified ,state plan4 ,the unified ,state plan shall outline a #d-year strategy for the core programs of the ,state and meet the requirements of this section4 7b7 ,contents 7#a7 ,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 workforce1 that include-- 7,a7 an analysis of the economic conditions in the ,state1 including-- 7i7 existing and emerging in-demand industry sectors and occupations2 and 7ii7 the employment needs of employers1 including a description of the knowledge1 skills1 and abilities1 needed in those industries and occupations2 7,b7 an analysis of the current workforce1 employment and unemployment data1 labor market trends1 and the educational and skill levels of the workforce1 including individuals with barriers to employment 7including individuals with disabilities71 in the ,state2 7,c7 an analysis of the workforce development activities 7including education and training7 in the ,state1 including an analysis of the strengths and weaknesses of such activities1 and the capacity of ,state entities to provide such activities1 in order to address the identified education and skill needs of the workforce and the employment needs of employers in the ,state2 7,d7 a description of the ,state's strategic vision and goals for preparing an educated and skilled workforce 7including preparing youth and individuals with barriers to employment7 and for meeting the skilled workforce needs of employers1 including goals relating to performance accountability measures based on primary indicators of performance described in section #aaf7;b77#b77;,a71 in order to support economic growth and economic self-sufficiency1 and of how the ,state will assess the overall effectiveness of the workforce investment system in the ,state2 and 7,e7 taking into account analyses described in subparagraphs 7,a7 through 7,c71 a strategy for aligning the core programs1 as well as other resources available to the ,state1 to achieve the strategic vision and goals described in subparagraph 7,d74 7#b7 ,operational planning elements 7,a7 ,in general ,the unified ,state plan shall include the operational planning elements contained in this paragraph1 which shall support the strategy described in paragraph 7#a77;,e71 including a description of how the ,state board will implement the functions under section #aja7;d74 7,b7 ,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 7#a77;,e71 including a description of-- 7i7 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 programs1 including using co-enrollment and other strategies2 7ii7 how the activities described in clause 7i7 will be aligned with activities provided under employment1 training1 education1 including career and technical education1 and human services programs not covered by the plan1 as appropriate1 assuring coordination of1 and avoiding duplication among1 the activities referred to in this clause2 7iii7 how the entities carrying out the respective core programs will coordinate activities and provide comprehensive1 high-quality services including supportive services1 to individuals2 7iv7 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 ,federal1 ,state1 and local investments that have enhanced access to workforce development programs at those institutions2 7v7 how the activities described in clause 7i7 will be coordinated with economic development strategies and activities in the ,state2 and 7vi7 how the ,state's strategy will improve access to activities leading to a recognized postsecondary credential 7including a credential that is an industry-recognized certificate or certification1 portable1 and stackable74 7,c7 ,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 7#a77;,e71 including a description of-- 7i7 the ,state board1 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 7but funds for such activities may not be used for long-distance travel expenses for training or development activities available locally or regionally72 7ii7 7,i7 how the respective core programs will be assessed each year1 including an assessment of the quality1 effectiveness1 and improvement of programs 7analyzed by local area1 or by provider71 based on ,state performance accountability measures described in section #aaf7;b72 and 7,,ii7 how other one-stop partner programs will be assessed each year2 7iii7 the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding #b-year period2 7iv7 the methods and factors the ,state will use in distributing funds under the core programs1 in accordance with the provisions authorizing such distributions2 7v7 7,i7 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 programs1 unemployment insurance programs1 and education through postsecondary education2 7,,ii7 how such agencies will use the workforce development system to assess the progress of participants that are exiting from core programs in entering1 persisting in1 and completing postsecondary education1 or entering or remaining in employment2 and 7,,iii7 the privacy safeguards incorporated in such system1 including safeguards required by section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 and other applicable ,federal laws2 7vi7 how the ,state will implement the priority of service provisions for veterans in accordance with the requirements of section #dbae of title #ch1 ,united ,states ,code2 7vii7 how the one-stop delivery system1 including one-stop operators and the one-stop partners1 will comply with section #ahh1 if applicable1 and applicable provisions of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 regarding the physical and programmatic accessibility of facilities1 programs1 services1 technology1 and materials1 for individuals with disabilities1 including complying through providing staff training and support for addressing the needs of individuals with disabilities2 and 7viii7 such other operational planning elements as the ,secretary of ,labor or the ,secretary of ,education1 as appropriate1 determines to be necessary for effective ,state operating systems and policies4 7,d7 ,program-specific requirements ,the unified ,state plan shall include-- 7i7 with respect to activities carried out under subtitle ,b1 a description of-- 7,i7 ,state policies or guidance1 for the statewide workforce development system and for use of ,state funds for workforce investment activities2 7,,ii7 the local areas designated in the ,state1 including the process used for designating local areas1 and the process used for identifying any planning regions under section #ajf7;a71 including a description of how the ,state consulted with the local boards and chief elected officials in determining the planning regions2 7,,iii7 the appeals process referred to in section #ajf7;b77#e71 relating to designation of local areas2 7,,iv7 the appeals process referred to in section #aba7;h77#b77;,e71 relating to determinations for infrastructure funding2 and 7,v7 with respect to youth workforce investment activities authorized in section #abi1 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 #aaf7;b77#b77;,a77ii7 in awarding such grants2 7ii7 with respect to activities carried out under title ,,ii1 a description of-- 7,i7 how the eligible agency will1 if applicable1 align content standards for adult education with ,state-adopted challenging academic content standards1 as adopted under section #aaaa7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;b77#a772 7,,ii7 how the ,state will fund local activities using considerations specified in section #bca7;e7 for-- 7aa7 activities under section #bca7;b72 7bb7 programs for corrections education under section #bbe2 7cc7 programs for integrated ,english literacy and civics education under section #bdc2 and 7dd7 integrated education and training2 7,,iii7 how the ,state will use the funds to carry out activities under section #bbc2 7,,iv7 how the ,state will use the funds to carry out activities under section #bdc2 7,v7 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 quality1 including providing the activities described in section #bbc7;a77#a77;,b72 7iii7 with respect to programs carried out under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda71 the information described in section #aja7;a7 of that ,act 7#bi ,u4,s4,c4 #gba7;a772 and 7iv7 information on such additional specific requirements for a program referenced in any of clauses 7i7 through 7iii7 or the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 as the ,secretary of ,labor determines to be necessary to administer that program but cannot reasonably be applied across all such programs4 7,e7 ,assurances ,the unified ,state plan shall include assurances-- 7i7 that the ,state has established a policy identifying circumstances that may present a conflict of interest for a ,state board or local board member1 or the entity or class of officials that the member represents1 and procedures to resolve such conflicts2 7ii7 that the ,state has established a policy to provide to the public 7including individuals with disabilities7 access to meetings of ,state boards and local boards1 and information regarding activities of ,state boards and local boards1 such as data on board membership and minutes2 7iii7 7,i7 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 plan1 and approved the elements as serving the needs of the populations served by such programs2 and 7,,ii7 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 officials1 businesses1 labor organizations1 institutions of higher education1 other primary stakeholders1 and the general public and that the unified ,state plan is available and accessible to the general public2 7iv7 that the ,state has established1 in accordance with section #aaf7;i71 fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of1 and accounting for1 funds paid to the ,state through allotments made for adult1 dislocated worker1 and youth programs to carry out workforce investment activities under chapters #b and #c of subtitle ,b2 7v7 that the ,state has taken appropriate action to secure compliance with uniform administrative requirements in this ,act1 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 #ahd7;a77#c72 7vi7 that the ,state has taken the appropriate action to be in compliance with section #ahh1 if applicable2 7vii7 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 program2 7viii7 that the eligible agency under title ,,ii will-- 7,i7 expend the funds appropriated to carry out that title only in a manner consistent with fiscal requirements under section #bda7;a7 7regarding supplement and not supplant provisions72 and 7,,ii7 ensure that there is at least #a eligible provider serving each local area2 7ix7 that the ,state will pay an appropriate share 7as defined by the ,state board7 of the costs of carrying out section #aaf1 from funds made available through each of the core programs2 and 7x7 regarding such other matters as the ,secretary of ,labor or the ,secretary of ,education1 as appropriate1 determines to be necessary for the administration of the core programs4 7#c7 ,existing analysis ,as appropriate1 a ,state may use an existing analysis in order to carry out the requirements of paragraph 7#a7 concerning an analysis4 7c7 ,plan submission and approval 7#a7 ,submission 7,a7 ,initial plan ,the initial unified ,state plan under this section 7after the date of enactment of the ,workforce ,innovation and ,opportunity ,act7 shall be submitted to the ,secretary of ,labor not later than #abj days prior to the commencement of the second full program year after the date of enactment of this ,act4 7,b7 ,subsequent plans ,except as provided in subparagraph 7,a71 a unified ,state plan shall be submitted to the ,secretary of ,labor not later than #abj days prior to the end of the #d-year period covered by the preceding unified ,state plan4 7#b7 ,submission and approval 7,a7 ,submission ,in approving a unified ,state plan under this section1 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 head4 7,b7 ,approval ,a unified ,state plan shall be subject to the approval of both the ,secretary of ,labor and the ,secretary of ,education1 after approval of the ,commissioner of the ,rehabilitation ,services ,administration for the portion of the plan described in subsection 7b77#b77;,d77iii74 ,the plan shall be considered to be approved at the end of the #ij-;day period beginning on the day the plan is submitted1 unless the ,secretary of ,labor or the ,secretary of ,education makes a written determination1 during the #ij-;day period1 that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs1 as appropriate4 7#c7 ,modifications 7,a7 ,modifications ,at the end of the first #b-year period of any #d-year unified ,state plan1 the ,state board shall review the unified ,state plan1 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 plan4 7,b7 ,approval ,a modified unified ,state plan submitted for the review required under subparagraph 7,a7 shall be subject to the approval requirements described in paragraph 7#b74 ,a ,governor may submit a modified unified ,state plan at such other times as the ,governor determines to be appropriate1 and such modified unified ,state plan shall also be subject to the approval requirements described in paragraph 7#b74 7#d7 ,early implementers ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 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 7#a77;,a74 #ajc4 ,combined ,state plan 7a7 ,in general 7#a7 ,authority ,to submit plan ,a ,state may develop and submit to the appropriate ,secretaries a combined ,state plan for the core programs and #a or more of the programs and activities described in paragraph 7#b7 in lieu of submitting #b or more plans1 for the programs and activities and the core programs4 7#b7 ,programs ,the programs and activities referred to in paragraph 7#a7 are as follows3 7,a7 ,career and technical education programs authorized under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq474 7,b7 ,programs authorized under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7,c7 ,programs authorized under section #f7;d77#d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d774 7,d7 ,work programs authorized under section #f7o7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7o774 7,e7 ,activities authorized under chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq474 7,f7 ,activities authorized under chapter #da of title #ch1 ,united ,states ,code4 7,g7 ,programs authorized under ,state unemployment compensation laws 7in accordance with applicable ,federal law74 7,h7 ,programs authorized under title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq474 7,i7 ,employment and training activities carried out by the ,department of ,housing and ,urban ,development4 7,j7 ,employment and training activities carried out under the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iija et seq474 7,k7 ,programs authorized under section #bab of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb74 7b7 ,requirements 7#a7 ,in general ,the portion of a combined plan covering the core programs shall be subject to the requirements of section #ajb 7including section #ajb7;c77#c774 ,the portion of such plan covering a program or activity described in subsection 7a77#b7 shall be subject to the requirements1 if any1 applicable to a plan or application for assistance for that program or activity1 under the ,federal law authorizing the program or activity4 ,at the election of the ,state1 section #ajb7;c77#c7 may apply to that portion4 7#b7 ,additional submission not required ,a ,state that submits a combined plan that is approved under subsection 7c7 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 7a77#b7 that are covered by the combined plan4 7#c7 ,coordination ,a combined plan shall include-- 7,a7 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 plan2 and 7,b7 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 plan4 7c7 ,approval by the appropriate secretaries 7#a7 ,jurisdiction ,the appropriate ,secretary shall have the authority to approve the corresponding portion of a combined plan as described in subsection 7d74 ,on the approval of the appropriate ,secretary1 that portion of the combined plan1 covering a program or activity1 shall be implemented by the ,state pursuant to that portion of the combined plan1 and the ,federal law authorizing the program or activity4 7#b7 ,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 programs4 7#c7 ,timing of approval 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 a portion of the combined ,state plan covering the core programs or a program or activity described in subsection 7a77#b7 shall be considered to be approved by the appropriate ,secretary at the end of the #ij-;day period beginning on the day the plan is submitted4 7,b7 ,plan approved by #c 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 plan1 that portion of the combined plan shall be considered to be approved by the appropriate ,secretary at the end of the #abj-;day period beginning on the day the plan is submitted4 7,c7 ,disapproval ,the portion shall not be considered to be approved if the appropriate ,secretary makes a written determination1 during the #ij-;day period 7or the #abj-;day period1 for an appropriate ,secretary covered by subparagraph 7,b771 that the portion is not consistent with the requirements of the ,federal law authorizing or applicable to the program or activity involved1 including the criteria for approval of a plan or application1 if any1 under such law1 or the plan is not consistent with the requirements of this section4 7#d7 ,special rule ,in paragraph 7#c71 the term criteria for approval of a plan or application1 with respect to a ,state and a core program or a program under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 includes a requirement for agreement between the ,state and the appropriate ,secretaries regarding ,state performance measures or ,state performance accountability measures1 as the case may be1 including levels of performance4 7d7 ,appropriate secretary ,in this section1 the term appropriate ,secretary means-- 7#a7 with respect to the portion of a combined plan relating to any of the core programs 7including a description1 and an assurance concerning that program1 specified in subsection 7b77#c771 the ,secretary of ,labor and the ,secretary of ,education2 and 7#b7 with respect to the portion of a combined plan relating to a program or activity described in subsection 7a77#b7 7including a description1 and an assurance concerning that program or activity1 specified in subsection 7b77#c771 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 activity1 or1 if there are no planning or application requirements for such program or activity1 exercises administrative authority over the program or activity under that ,federal law4 #b ,local provisions #ajf4 ,workforce development areas 7a7 ,regions 7#a7 ,identification ,before the second full program year after the date of enactment of this ,act1 in order for a ,state to receive an allotment under section #abg7;b7 or #acb7;b7 and as part of the process for developing the ,state plan1 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 7b77#a77;,b74 7#b7 ,types of regions ,for purposes of this ,act1 the ,state shall identify-- 7,a7 which regions are comprised of #a local area that is aligned with the region2 7,b7 which regions are comprised of #b or more local areas that are 7collectively7 aligned with the region 7referred to as planning regions1 consistent with section #c72 and 7,c7 which1 of the regions described in subparagraph 7,b71 are interstate areas contained within #b or more ,states1 and consist of labor market areas1 economic development areas1 or other appropriate contiguous subareas of those ,states4 7b7 ,local areas 7#a7 ,in general 7,a7 ,process ,except as provided in subsection 7d71 and consistent with paragraphs 7#b7 and 7#c71 in order for a ,state to receive an allotment under section #abg7;b7 or #acb7;b71 the ,governor of the ,state shall designate local workforce development areas within the ,state-- 7i7 through consultation with the ,state board2 and 7ii7 after consultation with chief elected officials and local boards1 and after consideration of comments received through the public comment process as described in section #ajb7;b77#b77;,e77iii77,,ii74 7,b7 ,considerations ,the ,governor shall designate local areas 7except for those local areas described in paragraphs 7#b7 and 7#c77 based on considerations consisting of the extent to which the areas-- 7i7 are consistent with labor market areas in the ,state2 7ii7 are consistent with regional economic development areas in the ,state2 and 7iii7 have available the ,federal and non-,federal resources necessary to effectively administer activities under subtitle ,b and other applicable provisions of this ,act1 including whether the areas have the appropriate education and training providers1 such as institutions of higher education and area career and technical education schools4 7#b7 ,initial designation ,during the first #b full program years following the date of enactment of this ,act1 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 #aiih for the #b-year period preceding the date of enactment of this ,act1 performed successfully1 and sustained fiscal integrity4 7#c7 ,subsequent designation ,after the period for which a local area is initially designated under paragraph 7#b71 the ,governor shall approve a request for subsequent designation as a local area from such local area1 if such area-- 7,a7 performed successfully2 7,b7 sustained fiscal integrity2 and 7,c7 in the case of a local area in a planning region1 met the requirements described in subsection 7c77#a74 7#d7 ,designation on recommendation of ,state board ,the ,governor may approve a request from any unit of general local government 7including a combination of such units7 for designation of an area as a local area if the ,state board determines1 based on the considerations described in paragraph 7#a77;,b71 and recommends to the ,governor1 that such area should be so designated4 7#e7 ,appeals ,a unit of general local government 7including a combination of such units7 or grant recipient that requests but is not granted designation of an area as a local area under paragraph 7#b7 or 7#c7 may submit an appeal to the ,state board under an appeal process established in the ,state plan4 ,if the appeal does not result in such a designation1 the ,secretary of ,labor1 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 plan1 as specified in section #ajb7;b77#b77;,d77i77,,iii71 or that the area meets the requirements of paragraph 7#b7 or 7#c71 may require that the area be designated as a local area under such paragraph4 7#f7 ,redesignation assistance ,on the request of all of the local areas in a planning region1 the ,state shall provide funding from funds made available under sections #abh7;a7 and #acc7;a77#a7 to assist the local areas in carrying out activities to facilitate the redesignation of the local areas to a single local area4 7c7 ,regional coordination 7#a7 ,regional planning ,the local boards and chief elected officials in each planning region described in subparagraph 7,b7 or 7,c7 of subsection 7a77#b7 shall engage in a regional planning process that results in-- 7,a7 the preparation of a regional plan1 as described in paragraph 7#b72 7,b7 the establishment of regional service strategies1 including use of cooperative service delivery agreements2 7,c7 the development and implementation of sector initiatives for in-demand industry sectors or occupations for the region2 7,d7 the collection and analysis of regional labor market data 7in conjunction with the ,state72 7,e7 the establishment of administrative cost arrangements1 including the pooling of funds for administrative costs1 as appropriate1 for the region2 7,f7 the coordination of transportation and other supportive services1 as appropriate1 for the region2 7,g7 the coordination of services with regional economic development services and providers2 and 7,h7 the establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with ,governor on local levels of performance for1 and report on1 the performance accountability measures described in section #aaf7;c71 for local areas or the planning region4 7#b7 ,regional plans ,the ,state1 after consultation with local boards and chief elected officials for the planning regions1 shall require the local boards and chief elected officials within a planning region to prepare1 submit1 and obtain approval of a single regional plan that includes a description of the activities described in paragraph 7#a7 and that incorporates local plans for each of the local areas in the planning region4 ,the ,state shall provide technical assistance and labor market data1 as requested by local areas1 to assist with such regional planning and subsequent service delivery efforts4 7#c7 ,references ,in this ,act1 and the core program provisions that are not in this ,act3 7,a7 ,local area ,except as provided in section #aja7;d77#i71 this section1 paragraph 7#a77;,b7 or 7#d7 of section #ajg7;c71 or section #ajg7;d77#ab77;,b71 or in any text that provides an accompanying provision specifically for a planning region1 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 region4 7,b7 ,local plan ,except as provided in this subsection1 the term local plan includes a reference to the portion of a regional plan developed with respect to the corresponding local area within the region1 and any regionwide provision of that plan that impacts or relates to the local area4 7d7 ,single state local areas 7#a7 ,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 #aiih1 as in effect on ,july #a1 #bjac1 may designate the ,state as a single ,state local area for purposes of this title4 ,in the case of such designation1 the ,governor shall identify the ,state as a local area in the ,state plan4 7#b7 ,effect on local plan and local functions ,in any case in which a ,state is designated as a local area pursuant to this subsection1 the local plan prepared under section #ajh for the area shall be submitted for approval as part of the ,state plan4 ,in such a ,state1 the ,state board shall carry out the functions of a local board1 as specified in this ,act or the provisions authorizing a core program1 but the ,state shall not be required to meet and report on a set of local performance accountability measures4 7e7 ,definitions ,for purposes of this section3 7#a7 ,performed successfully ,the term performed successfully1 used with respect to a local area1 means the local area met or exceeded the adjusted levels of performance for primary indicators of performance described in section #aaf7;b77#b77;,a7 7or1 if applicable1 core indicators of performance described in section #acf7;b77#b77;,a7 of the ,workforce ,investment ,act of #aiih1 as in effect the day before the date of enactment of this ,act7 for each of the last #b consecutive years for which data are available preceding the determination of performance under this paragraph4 7#b7 ,sustained fiscal integrity ,the term sustained fiscal integrity1 used with respect to a local area1 means that the ,secretary has not made a formal determination1 during either of the last #b consecutive years preceding the determination regarding such integrity1 that either the grant recipient or the administrative entity of the area misexpended funds provided under subtitle ,b 7or1 if applicable1 title ,i of the ,workforce ,investment ,act of #aiih as in effect prior to the effective date of such subtitle ,b7 due to willful disregard of the requirements of the provision involved1 gross negligence1 or failure to comply with accepted standards of administration4 #ajg4 ,local workforce development boards 7a7 ,establishment ,except as provided in subsection 7c77#b77;,a71 there shall be established1 and certified by the ,governor of the ,state1 a local workforce development board in each local area of a ,state to carry out the functions described in subsection 7d7 7and any functions specified for the local board under this ,act or the provisions establishing a core program7 for such area4 7b7 ,membership 7#a7 ,state criteria ,the ,governor1 in partnership with the ,state board1 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 7#b74 7#b7 ,composition ,such criteria shall require that1 at a minimum-- 7,a7 a majority of the members of each local board shall be representatives of business in the local area1 who-- 7i7 are owners of businesses1 chief executives or operating officers of businesses1 or other business executives or employers with optimum policymaking or hiring authority2 7ii7 represent businesses1 including small businesses1 or organizations representing businesses described in this clause1 that provide employment opportunities that1 at a minimum1 include high-quality1 work-relevant training and development in in-demand industry sectors or occupations in the local area2 and 7iii7 are appointed from among individuals nominated by local business organizations and business trade associations2 7,b7 not less than #bj percent of the members of each local board shall be representatives of the workforce within the local area1 who-- 7i7 shall include representatives of labor organizations 7for a local area in which employees are represented by labor organizations71 who have been nominated by local labor federations1 or 7for a local area in which no employees are represented by such organizations7 other representatives of employees2 7ii7 shall include a representative1 who shall be a member of a labor organization or a training director1 from a joint labor-management apprenticeship program1 or if no such joint program exists in the area1 such a representative of an apprenticeship program in the area1 if such a program exists2 7iii7 may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment1 including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities2 and 7iv7 may include representatives of organizations that have demonstrated experience and expertise in addressing the employment1 training1 or education needs of eligible youth1 including representatives of organizations that serve out-of-school youth2 7,c7 each local board shall include representatives of entities administering education and training activities in the local area1 who-- 7i7 shall include a representative of eligible providers administering adult education and literacy activities under title ,,ii2 7ii7 shall include a representative of institutions of higher education providing workforce investment activities 7including community colleges72 7iii7 may include representatives of local educational agencies1 and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment2 7,d7 each local board shall include representatives of governmental and economic and community development entities serving the local area1 who-- 7i7 shall include a representative of economic and community development entities2 7ii7 shall include an appropriate representative from the ,state employment service office under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 serving the local area2 7iii7 shall include an appropriate representative of the programs carried out under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda71 serving the local area2 7iv7 may include representatives of agencies or entities administering programs serving the local area relating to transportation1 housing1 and public assistance2 and 7v7 may include representatives of philanthropic organizations serving the local area2 and 7,e7 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 appropriate4 7#c7 ,chairperson ,the members of the local board shall elect a chairperson for the local board from among the representatives described in paragraph 7#b77;,a74 7#d7 ,standing committees 7,a7 ,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 section4 ,such standing committees shall be chaired by a member of the local board1 may include other members of the local board1 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 expertise4 ,at a minimum1 the local board may designate each of the following3 7i7 ,a standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system1 which may include as members representatives of the one-stop partners4 7ii7 ,a standing committee to provide information and to assist with planning1 operational1 and other issues relating to the provision of services to youth1 which shall include community-based organizations with a demonstrated record of success in serving eligible youth4 7iii7 ,a standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities1 including issues relating to compliance with section #ahh1 if applicable1 and applicable provisions of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 regarding providing programmatic and physical access to the services1 programs1 and activities of the one-stop delivery system1 as well as appropriate training for staff on providing supports for or accommodations to1 and finding employment opportunities for1 individuals with disabilities4 7,b7 ,additional committees ,the local board may designate standing committees in addition to the standing committees specified in subparagraph 7,a74 7,c7 ,designation of entity ,nothing in this paragraph shall be construed to prohibit the designation of an existing 7as of the date of enactment of this ,act7 entity1 such as an effective youth council1 to fulfill the requirements of this paragraph as long as the entity meets the requirements of this paragraph4 7#e7 ,authority of board members ,members of the board that represent organizations1 agencies1 or other entities shall be individuals with optimum policymaking authority within the organizations1 agencies1 or entities4 ,the members of the board shall represent diverse geographic areas within the local area4 7#f7 ,special rule ,if there are multiple eligible providers serving the local area by administering adult education and literacy activities under title ,,ii1 or multiple institutions of higher education serving the local area by providing workforce investment activities1 each representative on the local board described in clause 7i7 or 7ii7 of paragraph 7#b77;,c71 respectively1 shall be appointed from among individuals nominated by local providers representing such providers or institutions1 respectively4 7c7 ,appointment and certification of board 7#a7 ,appointment of board members and assignment of responsibilities 7,a7 ,in general ,the chief elected official in a local area is authorized to appoint the members of the local board for such area1 in accordance with the ,state criteria established under subsection 7b74 7,b7 ,multiple units of local government in area 7i7 ,in general ,in a case in which a local area includes more than #a unit of general local government1 the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials-- 7,i7 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 7b72 and 7,,ii7 in carrying out any other responsibilities assigned to such officials under this title4 7ii7 ,lack of agreement ,if1 after a reasonable effort1 the chief elected officials are unable to reach agreement as provided under clause 7i71 the ,governor may appoint the members of the local board from individuals so nominated or recommended4 7,c7 ,concentrated employment programs ,in the case of an area that was designated as a local area in accordance with section #aaf7;a77#b77;,b7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act71 and that remains a local area on that date1 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 board1 in accordance with the ,state criteria established under subsection 7b71 and to carry out any other responsibility relating to workforce investment activities assigned to such official under this ,act4 7#b7 ,certification 7,a7 ,in general ,the ,governor shall1 once every #b years1 certify #a local board for each local area in the ,state4 7,b7 ,criteria ,such certification shall be based on criteria established under subsection 7b71 and for a second or subsequent certification1 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 integrity1 as defined in section #ajf7;e77#b74 7,c7 ,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 7#a7 and this paragraph4 7#c7 ,decertification 7,a7 ,fraud1 abuse1 failure to carry out functions ,notwithstanding paragraph 7#b71 the ,governor shall have the authority to decertify a local board at any time after providing notice and an opportunity for comment1 for-- 7i7 fraud or abuse2 or 7ii7 failure to carry out the functions specified for the local board in subsection 7d74 7,b7 ,nonperformance ,notwithstanding paragraph 7#b71 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 #aaf7;c7 for #b consecutive program years4 7,c7 ,reorganization plan ,if the ,governor decertifies a local board for a local area under subparagraph 7,a7 or 7,b71 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 ,governor1 in consultation with the chief elected official in the local area and in accordance with the criteria established under subsection 7b74 7#d7 ,single state local area 7,a7 ,state board ,notwithstanding subsection 7b7 and paragraphs 7#a7 and 7#b71 if a ,state described in section #ajf7;d7 indicates in the ,state plan that the ,state will be treated as a single ,state local area1 for purposes of the application of this ,act or the provisions authorizing a core program1 the ,state board shall carry out any of the functions of a local board under this ,act or the provisions authorizing a core program1 including the functions described in subsection 7d74 7,b7 ,references 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 with respect to such a ,state1 a reference in this ,act or a core program provision to a local board shall be considered to be a reference to the ,state board1 and a reference in the ,act or provision to a local area or region shall be considered to be a reference to the ,state4 7ii7 ,plans ,the ,state board shall prepare a local plan under section #ajh for the ,state1 and submit the plan for approval as part of the ,state plan4 7iii7 ,performance accountability measures ,the ,state shall not be required to meet and report on a set of local performance accountability measures4 7d7 ,functions of local board ,consistent with section #ajh1 the functions of the local board shall include the following3 7#a7 ,local plan ,the local board1 in partnership with the chief elected official for the local area involved1 shall develop and submit a local plan to the ,governor that meets the requirements in section #ajh4 ,if the local area is part of a planning region that includes other local areas1 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 #ajf7;c77#b74 7#b7 ,workforce research and regional labor market analysis ,in order to assist in the development and implementation of the local plan1 the local board shall-- 7,a7 carry out analyses of the economic conditions in the region1 the needed knowledge and skills for the region1 the workforce in the region1 and workforce development activities 7including education and training7 in the region described in section #ajh7;b77#a77;,d71 and regularly update such information2 7,b7 assist the ,governor in developing the statewide workforce and labor market information system described in section #ae7;e7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;e771 specifically in the collection1 analysis1 and utilization of workforce and labor market information for the region2 and 7,c7 conduct such other research1 data collection1 and analysis related to the workforce needs of the regional economy as the board1 after receiving input from a wide array of stakeholders1 determines to be necessary to carry out its functions4 7#c7 ,convening1 brokering1 leveraging ,the local board shall convene local workforce development system stakeholders to assist in the development of the local plan under section #ajh and in identifying non-,federal expertise and resources to leverage support for workforce development activities4 ,the local board1 including standing committees1 may engage such stakeholders in carrying out the functions described in this subsection4 7#d7 ,employer engagement ,the local board shall lead efforts to engage with a diverse range of employers and with entities in the region involved-- 7,a7 to promote business representation 7particularly representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region7 on the local board2 7,b7 to develop effective linkages 7including the use of intermediaries7 with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities2 7,c7 to ensure that workforce investment activities meet the needs of employers and support economic growth in the region1 by enhancing communication1 coordination1 and collaboration among employers1 economic development entities1 and service providers2 and 7,d7 to develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers 7such as the establishment of industry and sector partnerships71 that provide the skilled workforce needed by employers in the region1 and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations4 7#e7 ,career pathways development ,the local board1 with representatives of secondary and postsecondary education programs1 shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment1 training1 education1 and supportive services that are needed by adults and youth1 particularly individuals with barriers to employment4 7#f7 ,proven and promising practices ,the local board shall lead efforts in the local area to-- 7,a7 identify and promote proven and promising strategies and initiatives for meeting the needs of employers1 and workers and jobseekers 7including individuals with barriers to employment7 in the local workforce development system1 including providing physical and programmatic accessibility1 in accordance with section #ahh1 if applicable1 and applicable provisions of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 to the one-stop delivery system2 and 7,b7 identify and disseminate information on proven and promising practices carried out in other local areas for meeting such needs4 7#g7 ,technology ,the local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers1 and workers and jobseekers1 by-- 7,a7 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 area2 7,b7 facilitating access to services provided through the one-stop delivery system involved1 including facilitating the access in remote areas2 7,c7 identifying strategies for better meeting the needs of individuals with barriers to employment1 including strategies that augment traditional service delivery1 and increase access to services and programs of the one-stop delivery system1 such as improving digital literacy skills2 and 7,d7 leveraging resources and capacity within the local workforce development system1 including resources and capacity for services for individuals with barriers to employment4 7#h7 ,program oversight ,the local board1 in partnership with the chief elected official for the local area1 shall-- 7,a7 7i7 conduct oversight for local youth workforce investment activities authorized under section #abi7;c71 local employment and training activities authorized under subsections 7c7 and 7d7 of section #acd1 and the one-stop delivery system in the local area2 and 7ii7 ensure the appropriate use and management of the funds provided under subtitle ,b for the activities and system described in clause 7i72 and 7,b7 for workforce development activities1 ensure the appropriate use1 management1 and investment of funds to maximize performance outcomes under section #aaf4 7#i7 ,negotiation of local performance accountability measures ,the local board1 the chief elected official1 and the ,governor shall negotiate and reach agreement on local performance accountability measures as described in section #aaf7;c74 7#aj7 ,selection of operators and providers 7,a7 ,selection of one-stop operators ,consistent with section #aba7;d71 the local board1 with the agreement of the chief elected official for the local area-- 7i7 shall designate or certify one-stop operators as described in section #aba7;d77#b77;,a72 and 7ii7 may terminate for cause the eligibility of such operators4 7,b7 ,selection of youth providers ,consistent with section #abc1 the local board-- 7i7 shall identify eligible providers of youth workforce investment activities in the local area by awarding grants or contracts on a competitive basis 7except as provided in section #abc7;b771 based on the recommendations of the youth standing committee1 if such a committee is established for the local area under subsection 7b77#d72 and 7ii7 may terminate for cause the eligibility of such providers4 7,c7 ,identification of eligible providers of training services ,consistent with section #abb1 the local board shall identify eligible providers of training services in the local area4 7,d7 ,identification of eligible providers of career services ,if the one-stop operator does not provide career services described in section #acd7;c77#b7 in a local area1 the local board shall identify eligible providers of those career services in the local area by awarding contracts4 7,e7 ,consumer choice requirements ,consistent with section #abb and paragraphs 7#b7 and 7#c7 of section #acd7;c71 the local board shall work with the ,state to ensure there are sufficient numbers and types of providers of career services and training services 7including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities7 serving the local area and providing the services involved in a manner that maximizes consumer choice1 as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities4 7#aa7 ,coordination with education providers 7,a7 ,in general ,the local board shall coordinate activities with education and training providers in the local area1 including providers of workforce investment activities1 providers of adult education and literacy activities under title ,,ii1 providers of career and technical education 7as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb77 and local agencies administering plans under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda74 7,b7 ,applications and agreements ,the coordination described in subparagraph 7,a7 shall include-- 7i7 consistent with section #bcb-- 7,i7 reviewing the applications to provide adult education and literacy activities under title ,,ii for the local area1 submitted under such section to the eligible agency by eligible providers1 to determine whether such applications are consistent with the local plan2 and 7,,ii7 making recommendations to the eligible agency to promote alignment with such plan2 and 7ii7 replicating cooperative agreements in accordance with subparagraph 7,b7 of section #aja7;a77#aa7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gba7;a77#aa771 and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title ,i of that ,act 7#bi ,u4,s4,c4 #gbj et seq47 7other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda7 and subject to section #aba7;f771 with respect to efforts that will enhance the provision of services to individuals with disabilities and other individuals1 such as cross training of staff1 technical assistance1 use and sharing of information1 cooperative efforts with employers1 and other efforts at cooperation1 collaboration1 and coordination4 7,c7 ,cooperative agreement ,in this paragraph1 the term cooperative agreement means an agreement entered into by a ,state designated agency or ,state designated unit under subparagraph 7,a7 of section #aja7;a77#aa7 of the ,rehabilitation ,act of #aigc4 7#ab7 ,budget and administration 7,a7 ,budget ,the local board shall develop a budget for the activities of the local board in the local area1 consistent with the local plan and the duties of the local board under this section1 subject to the approval of the chief elected official4 7,b7 ,administration 7i7 ,grant recipient 7,i7 ,in general ,the chief elected official in a local area shall serve as the local grant recipient for1 and shall be liable for any misuse of1 the grant funds allocated to the local area under sections #abh and #acc1 unless the chief elected official reaches an agreement with the ,governor for the ,governor to act as the local grant recipient and bear such liability4 7,,ii7 ,designation ,in order to assist in administration of the grant funds1 the chief elected official or the ,governor1 where the ,governor serves as the local grant recipient for a local area1 may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent4 ,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 7,i74 7,,iii7 ,disbursal ,the local grant recipient or an entity designated under subclause 7,,ii7 shall disburse the grant funds for workforce investment activities at the direction of the local board1 pursuant to the requirements of this title4 ,the local grant recipient or entity designated under subclause 7,,ii7 shall disburse the funds immediately on receiving such direction from the local board4 7ii7 ,grants and donations ,the local board may solicit and accept grants and donations from sources other than ,federal funds made available under this ,act4 7iii7 ,tax-exempt status ,for purposes of carrying out duties under this ,act1 local boards may incorporate1 and may operate as entities described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that are exempt from taxation under section #eja7;a7 of such ,code4 7#ac7 ,accessibility for individuals with disabilities ,the local board shall annually assess the physical and programmatic accessibility1 in accordance with section #ahh1 if applicable1 and applicable provisions of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 of all one-stop centers in the local area4 7e7 ,sunshine provision ,the local board shall make available to the public1 on a regular basis through electronic means and open meetings1 information regarding the activities of the local board1 including information regarding the local plan prior to submission of the plan1 and regarding membership1 the designation and certification of one-stop operators1 and the award of grants or contracts to eligible providers of youth workforce investment activities1 and on request1 minutes of formal meetings of the local board4 7f7 ,staff 7#a7 ,in general ,the local board may hire a director and other staff to assist in carrying out the functions described in subsection 7d7 using funds available under sections #abh7;b7 and #acc7;b7 as described in section #abh7;b77#d74 7#b7 ,qualifications ,the local board shall establish and apply a set of objective qualifications for the position of director1 that ensures that the individual selected has the requisite knowledge1 skills1 and abilities1 to meet identified benchmarks and to assist in effectively carrying out the functions of the local board4 7#c7 ,limitation on rate ,the director and staff described in paragraph 7#a7 shall be subject to the limitations on the payment of salaries and bonuses described in section #aid7ae74 7g7 ,limitations 7#a7 ,training services 7,a7 ,in general ,except as provided in subparagraph 7,b71 no local board may provide training services4 7,b7 ,waivers of training prohibition ,the ,governor of the ,state in which a local board is located may1 pursuant to a request from the local board1 grant a written waiver of the prohibition set forth in subparagraph 7,a7 7relating to the provision of training services7 for a program of training services1 if the local board-- 7i7 submits to the ,governor a proposed request for the waiver that includes-- 7,i7 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 area2 7,,ii7 information demonstrating that the board meets the requirements for an eligible provider of training services under section #abb2 and 7,,iii7 information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area2 7ii7 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 #cj days2 and 7iii7 includes1 in the final request for the waiver1 the evidence and information described in clause 7i7 and the comments received pursuant to clause 7ii74 7,c7 ,duration ,a waiver granted to a local board under subparagraph 7,b7 shall apply for a period that shall not exceed the duration of the local plan4 ,the waiver may be renewed for additional periods under subsequent local plans1 not to exceed the durations of such subsequent plans1 pursuant to requests from the local board1 if the board meets the requirements of subparagraph 7,b7 in making the requests4 7,d7 ,revocation ,the ,governor shall have the authority to revoke the waiver during the appropriate period described in subparagraph 7,c7 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 board4 7#b7 ,career services2 designation or certification as one-stop operators ,a local board may provide career services described in section #acd7;c77#b7 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 ,governor4 7#c7 ,limitation on authority ,nothing in this ,act shall be construed to provide a local board with the authority to mandate curricula for schools4 7h7 ,conflict of interest ,a member of a local board1 or a member of a standing committee1 may not-- 7#a7 vote on a matter under consideration by the local board-- 7,a7 regarding the provision of services by such member 7or by an entity that such member represents72 or 7,b7 that would provide direct financial benefit to such member or the immediate family of such member2 or 7#b7 engage in any other activity determined by the ,governor to constitute a conflict of interest as specified in the ,state plan4 7i7 ,alternative entity 7#a7 ,in general ,for purposes of complying with subsections 7a71 7b71 and 7c71 a ,state may use any local entity 7including a local council1 regional workforce development board1 or similar entity7 that-- 7,a7 is established to serve the local area 7or the service delivery area that most closely corresponds to the local area72 7,b7 was in existence on the day before the date of enactment of this ,act1 pursuant to ,state law2 and 7,c7 includes-- 7i7 representatives of business in the local area2 and 7ii7 7,i7 representatives of labor organizations 7for a local area in which employees are represented by labor organizations71 nominated by local labor federations2 or 7,,ii7 other representatives of employees in the local area 7for a local area in which no employees are represented by such organizations74 7#b7 ,references ,a reference in this ,act or a core program provision to a local board1 shall include a reference to such an entity4 #ajh4 ,local plan 7a7 ,in general ,each local board shall develop and submit to the ,governor a comprehensive #d-year local plan1 in partnership with the chief elected official4 ,the local plan shall support the strategy described in the ,state plan in accordance with section #ajb7;b77#a77;,e71 and otherwise be consistent with the ,state plan4 ,if the local area is part of a planning region1 the local board shall comply with section #ajf7;c7 in the preparation and submission of a regional plan4 ,at the end of the first #b-year period of the #d-year local plan1 each local board shall review the local plan and the local board1 in partnership with the chief elected official1 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 plan4 7b7 ,contents ,the local plan shall include-- 7#a7 a description of the strategic planning elements consisting of-- 7,a7 an analysis of the regional economic conditions including-- 7i7 existing and emerging in-demand industry sectors and occupations2 and 7ii7 the employment needs of employers in those industry sectors and occupations2 7,b7 an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region1 including employment needs in in-demand industry sectors and occupations2 7,c7 an analysis of the workforce in the region1 including current labor force employment 7and unemployment7 data1 and information on labor market trends1 and the educational and skill levels of the workforce in the region1 including individuals with barriers to employment2 7,d7 an analysis of the workforce development activities 7including education and training7 in the region1 including an analysis of the strengths and weaknesses of such services1 and the capacity to provide such services1 to address the identified education and skill needs of the workforce and the employment needs of employers in the region2 7,e7 a description of the local board's strategic vision and goals for preparing an educated and skilled workforce 7including youth and individuals with barriers to employment71 including goals relating to the performance accountability measures based on primary indicators of performance described in section #aaf7;b77#b77;,a7 in order to support regional economic growth and economic self-sufficiency2 and 7,f7 taking into account analyses described in subparagraphs 7,a7 through 7,d71 a strategy to work with the entities that carry out the core programs to align resources available to the local area1 to achieve the strategic vision and goals described in subparagraph 7,e72 7#b7 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 services1 including programs of study authorized under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 that support the strategy identified in the ,state plan under section #ajb7;b77#a77;,e72 7#c7 a description of how the local board1 working with the entities carrying out core programs1 will expand access to employment1 training1 education1 and supportive services for eligible individuals1 particularly eligible individuals with barriers to employment1 including how the local board will facilitate the development of career pathways and co-enrollment1 as appropriate1 in core programs1 and improve access to activities leading to a recognized postsecondary credential 7including a credential that is an industry-recognized certificate or certification1 portable1 and stackable72 7#d7 a description of the strategies and services that will be used in the local area-- 7,a7 in order to-- 7i7 facilitate engagement of employers1 including small employers and employers in in-demand industry sectors and occupations1 in workforce development programs2 7ii7 support a local workforce development system that meets the needs of businesses in the local area2 7iii7 better coordinate workforce development programs and economic development2 and 7iv7 strengthen linkages between the one-stop delivery system and unemployment insurance programs2 and 7,b7 that may include the implementation of initiatives such as incumbent worker training programs1 on-the-job training programs1 customized training programs1 industry and sector strategies1 career pathways initiatives1 utilization of effective business intermediaries1 and other business services and strategies1 designed to meet the needs of employers in the corresponding region in support of the strategy described in paragraph 7#a77;,f72 7#e7 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 7or planning region71 and promote entrepreneurial skills training and microenterprise services2 7#f7 a description of the one-stop delivery system in the local area1 including-- 7,a7 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 employers1 and workers and jobseekers2 7,b7 a description of how the local board will facilitate access to services provided through the one-stop delivery system1 including in remote areas1 through the use of technology and through other means2 7,c7 a description of how entities within the one-stop delivery system1 including one-stop operators and the one-stop partners1 will comply with section #ahh1 if applicable1 and applicable provisions of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 regarding the physical and programmatic accessibility of facilities1 programs and services1 technology1 and materials for individuals with disabilities1 including providing staff training and support for addressing the needs of individuals with disabilities2 and 7,d7 a description of the roles and resource contributions of the one-stop partners2 7#g7 a description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area2 7#h7 a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide rapid response activities1 as described in section #acd7;a77#b77;,a72 7#i7 a description and assessment of the type and availability of youth workforce investment activities in the local area1 including activities for youth who are individuals with disabilities1 which description and assessment shall include an identification of successful models of such youth workforce investment activities2 7#aj7 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 strategies1 enhance services1 and avoid duplication of services2 7#aa7 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 transportation1 including public transportation1 and other appropriate supportive services in the local area2 7#ab7 a description of plans and strategies for1 and assurances concerning1 maximizing coordination of services provided by the ,state employment service under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 and services provided in the local area through the one-stop delivery system1 to improve service delivery and avoid duplication of services2 7#ac7 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 area1 including a description of how the local board will carry out1 consistent with subparagraphs 7,a7 and 7,b77i7 of section #ajg7;d77#aa7 and section #bcb1 the review of local applications submitted under title ,,ii2 7#ad7 a description of the replicated cooperative agreements 7as defined in section #ajg7;d77#aa77 between the local board or other local entities described in section #aja7;a77#aa77;,b7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gba7;a77#aa77;,b77 and the local office of a designated ,state agency or designated ,state unit administering programs carried out under title ,i of such ,act 7#bi ,u4,s4,c4 #gbj et seq47 7other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda7 and subject to section #aba7;f77 in accordance with section #aja7;a77#aa7 of such ,act 7#bi ,u4,s4,c4 #gba7;a77#aa77 with respect to efforts that will enhance the provision of services to individuals with disabilities and to other individuals1 such as cross training of staff1 technical assistance1 use and sharing of information1 cooperative efforts with employers1 and other efforts at cooperation1 collaboration1 and coordination2 7#ae7 an identification of the entity responsible for the disbursal of grant funds described in section #ajg7;d77#ab77;,b77i77,,iii71 as determined by the chief elected official or the ,governor under section #ajg7;d77#ab77;,b77i72 7#af7 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 title2 7#ag7 a description of the local levels of performance negotiated with the ,governor and chief elected official pursuant to section #aaf7;c71 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 7where appropriate71 eligible providers under subtitle ,b1 and the one-stop delivery system1 in the local area2 7#ah7 a description of the actions the local board will take toward becoming or remaining a high-performing board1 consistent with the factors developed by the ,state board pursuant to section #aja7;d77#f72 7#ai7 a description of how training services under chapter #c of subtitle ,b will be provided in accordance with section #acd7;c77#c77;,g71 including1 if contracts for the training services will be used1 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 provided2 7#bj7 a description of the process used by the local board1 consistent with subsection 7d71 to provide an opportunity for public comment1 including comment by representatives of businesses and comment by representatives of labor organizations1 and input into the development of the local plan1 prior to submission of the plan2 7#ba7 a description of how one-stop centers are implementing and transitioning to an integrated1 technology-enabled intake and case management information system for programs carried out under this ,act and programs carried out by one-stop partners2 and 7#bb7 such other information as the ,governor may require4 7c7 ,existing analysis ,as appropriate1 a local area may use an existing analysis in order to carry out the requirements of subsection 7b77#a7 concerning an analysis4 7d7 ,process ,prior to the date on which the local board submits a local plan under this section1 the local board shall-- 7#a7 make available copies of a proposed local plan to the public through electronic and other means1 such as public hearings and local news media2 7#b7 allow members of the public1 including representatives of business1 representatives of labor organizations1 and representatives of education to submit to the local board comments on the proposed local plan1 not later than the end of the #cj-;day period beginning on the date on which the proposed local plan is made available2 and 7#c7 include with the local plan submitted to the ,governor under this section any such comments that represent disagreement with the plan4 7e7 ,plan submission and approval ,a local plan submitted to the ,governor under this section 7including a modification to such a local plan7 shall be considered to be approved by the ,governor at the end of the #ij-;day period beginning on the day the ,governor receives the plan 7including such a modification71 unless the ,governor makes a written determination during the #ij-;day period that-- 7#a7 deficiencies in activities carried out under this subtitle or subtitle ,b have been identified1 through audits conducted under section #ahd or otherwise1 and the local area has not made acceptable progress in implementing corrective measures to address the deficiencies2 7#b7 the plan does not comply with the applicable provisions of this ,act2 or 7#c7 the plan does not align with the ,state plan1 including failing to provide for alignment of the core programs to support the strategy identified in the ,state plan in accordance with section #ajb7;b77#a77;,e74 #c ,board ,provisions #aaa4 ,funding of ,state and local boards 7a7 ,state boards ,in funding a ,state board under this subtitle1 a ,state-- 7#a7 shall use funds available as described in section #abi7;b77#c7 or #acd7;a77#c77;,b72 and 7#b7 may use non-,federal funds available to the ,state that the ,state determines are appropriate and available for that use4 7b7 ,local boards ,in funding a local board under this subtitle1 the chief elected official and local board for the local area-- 7#a7 shall use funds available as described in section #abh7;b77#d72 and 7#b7 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 use4 #d ,performance accountability #aaf4 ,performance accountability system 7a7 ,purpose ,the purpose of this section is to establish performance accountability measures that apply across the core programs to assess the effectiveness of ,states and local areas 7for core programs described in subtitle ,b7 in achieving positive outcomes for individuals served by those programs4 7b7 ,state performance accountability measures 7#a7 ,in general ,for each ,state1 the performance accountability measures for the core programs shall consist of-- 7,a7 7i7 the primary indicators of performance described in paragraph 7#b77;,a72 and 7ii7 the additional indicators of performance 7if any7 identified by the ,state under paragraph 7#b77;,b72 and 7,b7 a ,state adjusted level of performance for each indicator described in subparagraph 7,a74 7#b7 ,indicators of performance 7,a7 ,primary indicators of performance 7i7 ,in general ,the ,state primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter #c of subtitle ,b1 the program of adult education and literacy activities authorized under title ,,ii1 the employment services program authorized under sections #a through #ac of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 7except that subclauses 7,,iv7 and 7,v7 shall not apply to such program71 and the program authorized under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda71 shall consist of-- 7,i7 the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program2 7,,ii7 the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program2 7,,iii7 the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program2 7,,iv7 the percentage of program participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent 7subject to clause 7iii771 during participation in or within #a year after exit from the program2 7,v7 the percentage of program participants who1 during a program year1 are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment2 and 7,,vi7 the indicators of effectiveness in serving employers established pursuant to clause 7iv74 7ii7 ,primary indicators for eligible youth ,the primary indicators of performance for the youth program authorized under chapter #b of subtitle ,b shall consist of-- 7,i7 the percentage of program participants who are in education or training activities1 or in unsubsidized employment1 during the second quarter after exit from the program2 7,,ii7 the percentage of program participants who are in education or training activities1 or in unsubsidized employment1 during the fourth quarter after exit from the program2 and 7,,iii7 the primary indicators of performance described in subclauses 7,,iii7 through 7,,vi7 of subparagraph 7,a77i74 7iii7 ,indicator relating to credential ,for purposes of clause 7i77,,iv71 or clause 7ii77,,iii7 with respect to clause 7i77,,iv71 program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants1 in addition to obtaining such diploma or its recognized equivalent1 have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential within #a year after exit from the program4 7iv7 ,indicator for services to employers ,prior to the commencement of the second full program year after the date of enactment of this ,act1 for purposes of clauses 7i77,,vi71 or clause 7ii77,,iii7 with respect to clause 7i77,,iv71 the ,secretary of ,labor and the ,secretary of ,education1 after consultation with the representatives described in paragraph 7#d77;,b71 shall jointly develop and establish1 for purposes of this subparagraph1 #a or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers4 7,b7 ,additional indicators ,a ,state may identify in the ,state plan additional performance accountability indicators4 7#c7 ,levels of performance 7,a7 ,state adjusted levels of performance for primary indicators 7i7 ,in general ,for each ,state submitting a ,state plan1 there shall be established1 in accordance with this subparagraph1 levels of performance for each of the corresponding primary indicators of performance described in paragraph 7#b7 for each of the programs described in clause 7ii74 7ii7 ,included programs ,the programs included under clause 7i7 are-- 7,i7 the youth program authorized under chapter #b of subtitle ,b2 7,,ii7 the adult program authorized under chapter #c of subtitle ,b2 7,,iii7 the dislocated worker program authorized under chapter #c of subtitle ,b2 7,,iv7 the program of adult education and literacy activities authorized under title ,,ii2 7,v7 the employment services program authorized under sections #a through #ac of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq472 and 7,,vi7 the program authorized under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda74 7iii7 ,identification in ,state plan ,each ,state shall identify1 in the ,state plan1 expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause 7ii7 for the first #b program years covered by the ,state plan4 7iv7 ,agreement on ,state adjusted levels of performance 7,i7 ,first #b years ,the ,state shall reach agreement with the ,secretary of ,labor1 in conjunction with the ,secretary of ,education on levels of performance for each indicator described in clause 7iii7 for each of the programs described in clause 7ii7 for each of the first #b program years covered by the ,state plan4 ,in reaching the agreement1 the ,state and the ,secretary of ,labor in conjunction with the ,secretary of ,education shall take into account the levels identified in the ,state plan under clause 7iii7 and the factors described in clause 7v74 ,the levels agreed to shall be considered to be the ,state adjusted levels of performance for the ,state for such program years and shall be incorporated into the ,state plan prior to the approval of such plan4 7,,ii7 ,third and fourth year ,the ,state and the ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 shall reach agreement1 prior to the third program year covered by the ,state plan1 on levels of performance for each indicator described in clause 7iii7 for each of the programs described in clause 7ii7 for each of the third and fourth program years covered by the ,state plan4 ,in reaching the agreement1 the ,state and ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 shall take into account the factors described in clause 7v74 ,the levels agreed to shall be considered to be the ,state adjusted levels of performance for the ,state for such program years and shall be incorporated into the ,state plan as a modification to the plan4 7v7 ,factors ,in reaching the agreements described in clause 7iv71 the ,state and ,secretaries shall-- 7,i7 take into account how the levels involved compare with the ,state adjusted levels of performance established for other ,states2 7,,ii7 ensure that the levels involved are adjusted1 using the objective statistical model established by the ,secretaries pursuant to clause 7viii71 based on-- 7aa7 the differences among ,states in actual economic conditions 7including differences in unemployment rates and job losses or gains in particular industries72 and 7bb7 the characteristics of participants when the participants entered the program involved1 including indicators of poor work history1 lack of work experience1 lack of educational or occupational skills attainment1 dislocation from high-wage and high-benefit employment1 low levels of literacy or ,english proficiency1 disability status1 homelessness1 ex-offender status1 and welfare dependency2 7,,iii7 take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such ,state and ensure optimal return on the investment of ,federal funds2 and 7,,iv7 take into account the extent to which the levels involved will assist the ,state in meeting the goals described in clause 7vi74 7vi7 ,goals ,in order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the ,states under clause 7iv71 the ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 shall establish performance goals for the core programs1 in accordance with the ,government ,performance and ,results ,act of #aiic 7,public ,law #ajc-fb2 #ajg ,stat4 #bhe7 and the amendments made by that ,act1 and in consultation with ,states and other appropriate parties4 ,such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause 7ii7 regarding the corresponding primary indicators of performance described in paragraph 7#b77;,a74 7vii7 ,revisions based on economic conditions and individuals served during the program year ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 shall1 in accordance with the objective statistical model developed pursuant to clause 7viii71 revise the ,state adjusted levels of performance applicable for each of the programs described in clause 7ii71 for a program year and a ,state1 to reflect the actual economic conditions and characteristics of participants 7as described in clause 7v77,,ii77 in that program during such program year in such ,state4 7viii7 ,statistical adjustment model ,the ,secretary of ,labor and the ,secretary of ,education1 after consultation with the representatives described in paragraph 7#d77;,b71 shall develop and disseminate an objective statistical model that will be used to make the adjustments in the ,state adjusted levels of performance for actual economic conditions and characteristics of participants under clauses 7v7 and 7vii74 7,b7 ,levels of performance for additional indicators ,the ,state may identify1 in the ,state plan1 ,state levels of performance for each of the additional indicators identified under paragraph 7#b77;,b74 ,such levels shall be considered to be ,state adjusted levels of performance for purposes of this section4 7#d7 ,definitions of indicators of performance 7,a7 ,in general ,in order to ensure nationwide comparability of performance data1 the ,secretary of ,labor and the ,secretary of ,education1 after consultation with representatives described in subparagraph 7,b71 shall issue definitions for the indicators described in paragraph 7#b74 7,b7 ,representatives ,the representatives referred to in subparagraph 7,a7 are representatives of ,states and political subdivisions1 business and industry1 employees1 eligible providers of activities carried out through the core programs1 educators1 researchers1 participants1 the lead ,state agency officials with responsibility for the programs carried out through the core programs1 individuals with expertise in serving individuals with barriers to employment1 and other interested parties4 7c7 ,local performance accountability measures for subtitle ,b 7#a7 ,in general ,for each local area in a ,state designated under section #ajf1 the local performance accountability measures for each of the programs described in subclauses 7,i7 through 7,,iii7 of subsection 7b77#c77;,a77ii7 shall consist of-- 7,a7 7i7 the primary indicators of performance described in subsection 7b77#b77;,a7 that are applicable to such programs2 and 7ii7 additional indicators of performance1 if any1 identified by the ,state for such programs under subsection 7b77#b77;,b72 and 7,b7 the local level of performance for each indicator described in subparagraph 7,a74 7#b7 ,local level of performance ,the local board1 the chief elected official1 and the ,governor shall negotiate and reach agreement on local levels of performance based on the ,state adjusted levels of performance established under subsection 7b77#c77;,a74 7#c7 ,adjustment factors ,in negotiating the local levels of performance1 the local board1 the chief elected official1 and the ,governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area1 using the statistical adjustment model developed pursuant to subsection 7b77#c77;,a77viii74 ,in addition1 the negotiated local levels of performance applicable to a program year shall be revised to reflect the actual economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model4 7d7 ,performance reports 7#a7 ,in general ,not later than #ab months after the date of enactment of this ,act1 the ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 shall develop a template for performance reports that shall be used by ,states1 local boards1 and eligible providers of training services under section #abb to report on outcomes achieved by the core programs4 ,in developing such templates1 the ,secretary of ,labor1 in conjunction with the ,secretary of ,education1 will take into account the need to maximize the value of the templates for workers1 jobseekers1 employers1 local elected officials1 ,state officials1 ,federal policymakers1 and other key stakeholders4 7#b7 ,contents of ,state performance reports ,the performance report for a ,state shall include1 subject to paragraph 7#e77;,c7-- 7,a7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection 7b77#b77;,a7 for each of the programs described in subsection 7b77#c77;,a77ii7 and the ,state adjusted levels of performance with respect to such indicators for each program2 7,b7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection 7b77#b77;,a7 for each of the programs described in subsection 7b77#c77;,a77ii7 with respect to individuals with barriers to employment1 disaggregated by each subpopulation of such individuals1 and by race1 ethnicity1 sex1 and age2 7,c7 the total number of participants served by each of the programs described in subsection 7b77#c77;,a77ii72 7,d7 the number of participants who received career and training services1 respectively1 during the most recent program year and the #c preceding program years1 and the amount of funds spent on each type of service2 7,e7 the number of participants who exited from career and training services1 respectively1 during the most recent program year and the #c preceding program years2 7,f7 the average cost per participant of those participants who received career and training services1 respectively1 during the most recent program year and the #c preceding program years2 7,g7 the percentage of participants in a program authorized under this subtitle who received training services and obtained unsubsidized employment in a field related to the training received2 7,h7 the number of individuals with barriers to employment served by each of the programs described in subsection 7b77#c77;,a77ii71 disaggregated by each subpopulation of such individuals2 7,i7 the number of participants who are enrolled in more than #a of the programs described in subsection 7b77#c77;,a77ii72 7,j7 the percentage of the ,state's annual allotment under section #acb7;b7 that the ,state spent on administrative costs2 7,k7 in the case of a ,state in which local areas are implementing pay-for-performance contract strategies for programs-- 7i7 the performance of service providers entering into contracts for such strategies1 measured against the levels of performance specified in the contracts for such strategies2 and 7ii7 an evaluation of the design of the programs and performance of the strategies1 and1 where possible1 the level of satisfaction with the strategies among employers and participants benefitting from the strategies2 and 7,l7 other information that facilitates comparisons of programs with programs in other ,states4 7#c7 ,contents of local area performance reports ,the performance reports for a local area shall include1 subject to paragraph 7#f77;,c7-- 7,a7 the information specified in subparagraphs 7,a7 through 7,l7 of paragraph 7#b71 for each of the programs described in subclauses 7,i7 through 7,,iii7 of subsection 7b77#c77;,a77ii72 7,b7 the percentage of the local area's allocation under sections #abh7;b7 and #acc7;b7 that the local area spent on administrative costs2 and 7,c7 other information that facilitates comparisons of programs with programs in other local areas 7or planning regions1 as appropriate74 7#d7 ,contents of eligible training providers performance reports ,the performance report for an eligible provider of training services under section #abb shall include1 subject to paragraph 7#f77;,c71 with respect to each program of study 7or the equivalent7 of such provider-- 7,a7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses 7,i7 through 7,,iv7 of subsection 7b77#b77;,a77i7 with respect to all individuals engaging in the program of study 7or the equivalent72 7,b7 the total number of individuals exiting from the program of study 7or the equivalent72 7,c7 the total number of participants who received training services through each of the adult program and the dislocated worker program authorized under chapter #c of subtitle ,b1 disaggregated by the type of entity that provided the training1 during the most recent program year and the #c preceding program years2 7,d7 the total number of participants who exited from training services1 disaggregated by the type of entity that provided the training1 during the most recent program year and the #c preceding program years2 7,e7 the average cost per participant for the participants who received training services1 disaggregated by the type of entity that provided the training1 during the most recent program year and the #c preceding program years2 and 7,f7 the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter #c of subtitle ,b1 disaggregated by each subpopulation of such individuals1 and by race1 ethnicity1 sex1 and age4 7#e7 ,data validation ,in preparing the ,state reports described in this subsection1 each ,state shall establish procedures1 consistent with guidelines issued by the ,secretary1 in conjunction with the ,secretary of ,education1 to ensure the information contained in the reports is valid and reliable4 7#f7 ,publication 7,a7 ,state performance reports ,the ,secretary of ,labor and the ,secretary of ,education shall annually make available 7including by electronic means71 in an easily understandable format1 the performance reports for ,states containing the information described in paragraph 7#b74 7,b7 ,local area and eligible training provider performance reports ,the ,state shall make available 7including by electronic means71 in an easily understandable format1 the performance reports for the local areas containing the information described in paragraph 7#c7 and the performance reports for eligible providers of training services containing the information described in paragraph 7#d74 7,c7 ,rules for reporting of data ,the disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant4 7,d7 ,dissemination to congress ,the ,secretary of ,labor and the ,secretary of ,education shall make available 7including by electronic means7 a summary of the reports1 and the reports1 required under this subsection to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 ,the ,secretaries shall prepare and make available with the reports a set of recommendations for improvements in and adjustments to pay-for-performance contract strategies used under subtitle ,b4 7e7 ,evaluation of ,state programs 7#a7 ,in general ,using funds authorized under a core program and made available to carry out this section1 the ,state1 in coordination with local boards in the ,state and the ,state agencies responsible for the administration of the core programs1 shall conduct ongoing evaluations of activities carried out in the ,state under such programs4 ,the ,state1 local boards1 and ,state agencies shall conduct the evaluations in order to promote1 establish1 implement1 and utilize methods for continuously improving core program activities in order to achieve high-level performance within1 and high-level outcomes from1 the workforce development system4 ,the ,state shall coordinate the evaluations with the evaluations provided for by the ,secretary of ,labor and the ,secretary of ,education under section #afi1 section #bdb7;c77#b77;,d71 and sections #ab7;a77#e71 #ad1 and #ajg of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gji7;a77#e71 #gaa1 #gbg7 7applied with respect to programs carried out under title ,i of that ,act 7#bi ,u4,s4,c4 #gbj et seq477 and the investigations provided for by the ,secretary of ,labor under section #aj7;b7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;i7b774 7#b7 ,design ,the evaluations conducted under this subsection shall be designed in conjunction with the ,state board1 ,state agencies responsible for the administration of the core programs1 and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system4 ,the evaluations shall use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible1 such as the use of control groups4 7#c7 ,results ,the ,state shall annually prepare1 submit to the ,state board and local boards in the ,state1 and make available to the public 7including by electronic means71 reports containing the results of evaluations conducted under this subsection1 to promote the efficiency and effectiveness of the workforce development system4 7#d7 ,cooperation with federal evaluations ,the ,state shall1 to the extent practicable1 cooperate in the conduct of evaluations 7including related research projects7 provided for by the ,secretary of ,labor or the ,secretary of ,education under the provisions of ,federal law identified in paragraph 7#a74 ,such cooperation shall include the provision of data 7in accordance with appropriate privacy protections established by the ,secretary of ,labor71 the provision of responses to surveys1 and allowing site visits in a timely manner1 for the ,secretaries or their agents4 7f7 ,sanctions for ,state failure ,to meet state performance accountability measures 7#a7 ,states 7,a7 ,technical assistance ,if a ,state fails to meet the ,state adjusted levels of performance relating to indicators described in subsection 7b77#b77;,a7 for a program for any program year1 the ,secretary of ,labor and the ,secretary of ,education shall provide technical assistance1 including assistance in the development of a performance improvement plan4 7,b7 ,reduction in amount of grant ,if such failure continues for a second consecutive year1 or 7except in the case of exceptional circumstances as determined by the ,secretary of ,labor or the ,secretary of ,education1 as appropriate7 a ,state fails to submit a report under subsection 7d7 for any program year1 the percentage of each amount that would 7in the absence of this paragraph7 be reserved by the ,governor under section #abh7;a7 for the immediately succeeding program year shall be reduced by #e percentage points until such date as the ,secretary of ,labor or the ,secretary of ,education1 as appropriate1 determines that the ,state meets such ,state adjusted levels of performance and has submitted such reports for the appropriate program years4 7g7 ,sanctions for local area failure ,to meet local performance accountability measures 7#a7 ,technical assistance ,if a local area fails to meet local performance accountability measures established under subsection 7c7 for the youth1 adult1 or dislocated worker program authorized under chapter #b or #c of subtitle ,b for a program described in subsection 7d77#b77;,a7 for any program year1 the ,governor1 or upon request by the ,governor1 the ,secretary of ,labor1 shall provide technical assistance1 which may include assistance in the development of a performance improvement plan or the development of a modified local plan 7or regional plan74 7#b7 ,corrective actions 7,a7 ,in general ,if such failure continues for a third consecutive year1 the ,governor shall take corrective actions1 which shall include development of a reorganization plan through which the ,governor shall-- 7i7 require the appointment and certification of a new local board1 consistent with the criteria established under section #ajg7;b72 7ii7 prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance2 or 7iii7 take such other significant actions as the ,governor determines are appropriate4 7,b7 ,appeal by local area 7i7 ,appeal to ,governor ,the local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph 7,a7 may1 not later than #cj days after receiving notice of the reorganization plan1 appeal to the ,governor to rescind or revise such plan4 ,in such case1 the ,governor shall make a final decision not later than #cj days after the receipt of the appeal4 7ii7 ,subsequent action ,the local board and chief elected official for a local area may1 not later than #cj days after receiving a decision from the ,governor pursuant to clause 7i71 appeal such decision to the ,secretary of ,labor4 ,in such case1 the ,secretary shall make a final decision not later than #cj days after the receipt of the appeal4 7,c7 ,effective date ,the decision made by the ,governor under subparagraph 7,b77i7 shall become effective at the time the ,governor issues the decision pursuant to such clause4 ,such decision shall remain effective unless the ,secretary of ,labor rescinds or revises such plan pursuant to subparagraph 7,b77ii74 7h7 ,establishing ,pay-for-,performance ,contract ,strategy ,incentives ,using non-,federal funds1 the ,governor may establish incentives for local boards to implement pay-for-performance contract strategies for the delivery of training services described in section #acd7;c77#c7 or activities described in section #abi7;c77#b7 in the local areas served by the local boards4 7i7 ,fiscal and management accountability information systems 7#a7 ,in general ,using funds authorized under a core program and made available to carry out this chapter1 the ,governor1 in coordination with the ,state board1 the ,state agencies administering the core programs1 local boards1 and chief elected officials in the ,state1 shall establish and operate a fiscal and management accountability information system based on guidelines established by the ,secretary of ,labor and the ,secretary of ,education after consultation with the ,governors of ,states1 chief elected officials1 and one-stop partners4 ,such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection 7d74 7#b7 ,wage records ,in measuring the progress of the ,state on ,state and local performance accountability measures1 a ,state shall utilize quarterly wage records1 consistent with ,state law4 ,the ,secretary of ,labor shall make arrangements1 consistent with ,state law1 to ensure that the wage records of any ,state are available to any other ,state to the extent that such wage records are required by the ,state in carrying out the ,state plan of the ,state or completing the annual report described in subsection 7d74 7#c7 ,confidentiality ,in carrying out the requirements of this ,act1 the ,state shall comply with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 ,b ,workforce investment activities and providers #a ,workforce investment activities and providers #aba4 ,establishment of one-stop delivery systems 7a7 ,in general ,consistent with an approved ,state plan1 the local board for a local area1 with the agreement of the chief elected official for the local area1 shall-- 7#a7 develop and enter into the memorandum of understanding described in subsection 7c7 with one-stop partners2 7#b7 designate or certify one-stop operators under subsection 7d72 and 7#c7 conduct oversight with respect to the one-stop delivery system in the local area4 7b7 ,one-stop partners 7#a7 ,required partners 7,a7 ,roles and responsibilities of one-stop partners ,each entity that carries out a program or activities described in subparagraph 7,b7 in a local area shall-- 7i7 provide access through the one-stop delivery system to such program or activities carried out by the entity1 including making the career services described in section #acd7;c77#b7 that are applicable to the program or activities available at the one-stop centers 7in addition to any other appropriate locations72 7ii7 use a portion of the funds available for the program and activities to maintain the one-stop delivery system1 including payment of the infrastructure costs of one-stop centers in accordance with subsection 7h72 7iii7 enter into a local memorandum of understanding with the local board1 relating to the operation of the one-stop system1 that meets the requirements of subsection 7c72 7iv7 participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding1 the requirements of this title1 and the requirements of the ,federal laws authorizing the program or activities2 and 7v7 provide representation on the ,state board to the extent provided under section #aja4 7,b7 ,programs and activities ,the programs and activities referred to in subparagraph 7,a7 consist of-- 7i7 programs authorized under this title2 7ii7 programs authorized under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq472 7iii7 adult education and literacy activities authorized under title ,,ii2 7iv7 programs authorized under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq47 7other than section #aab or part ,c of title ,i of such ,act 7#bi ,u4,s4,c4 #gcb1 #gda72 7v7 activities authorized under title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq472 7vi7 career and technical education programs at the postsecondary level authorized under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq472 7vii7 activities authorized under chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq472 7viii7 activities authorized under chapter #da of title #ch1 ,united ,states ,code2 7ix7 employment and training activities carried out under the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iija et seq472 7x7 employment and training activities carried out by the ,department of ,housing and ,urban ,development2 7xi7 programs authorized under ,state unemployment compensation laws 7in accordance with applicable ,federal law72 7xii7 programs authorized under section #bab of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb72 and 7xiii7 programs authorized under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq471 subject to subparagraph 7,c74 7,c7 ,determination by the ,governor 7i7 ,in general ,an entity that carries out a program referred to in subparagraph 7,b77xiii7 shall be included in the one-stop partners for the local area1 as a required partner1 for purposes of this ,act and the other core program provisions that are not part of this ,act1 unless the ,governor provides the notification described in clause 7ii74 7ii7 ,notification ,the notification referred to in clause 7i7 is a notification that-- 7,i7 is made in writing of a determination by the ,governor not to include such entity in the one-stop partners described in clause 7i72 and 7,,ii7 is provided to the ,secretary of ,labor 7referred to in this subtitle1 and subtitles ,c through ,e1 as the ,secretary7 and the ,secretary of ,health and ,human ,services4 7#b7 ,additional partners 7,a7 ,in general ,with the approval of the local board and chief elected official1 in addition to the entities described in paragraph 7#a71 other entities that carry out workforce development programs described in subparagraph 7,b7 may be one-stop partners for the local area and carry out the responsibilities described in paragraph 7#a77;,a74 7,b7 ,programs ,the programs referred to in subparagraph 7,a7 may include-- 7i7 employment and training programs administered by the ,social ,security ,administration1 including the ,ticket to ,work and ,self-,sufficiency ,program established under section #aadh of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ai72 7ii7 employment and training programs carried out by the ,small ,business ,administration2 7iii7 programs authorized under section #f7;d77#d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d772 7iv7 work programs authorized under section #f7o7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7o772 7v7 programs carried out under section #aab of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcb72 7vi7 programs authorized under the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeja et seq472 and 7vii7 other appropriate ,federal1 ,state1 or local programs1 including employment1 education1 and training programs provided by public libraries or in the private sector4 7c7 ,memorandum of understanding 7#a7 ,development ,the local board1 with the agreement of the chief elected official1 shall develop and enter into a memorandum of understanding 7between the local board and the one-stop partners71 consistent with paragraph 7#b71 concerning the operation of the one-stop delivery system in the local area4 7#b7 ,contents ,each memorandum of understanding shall contain-- 7,a7 provisions describing-- 7i7 the services to be provided through the one-stop delivery system consistent with the requirements of this section1 including the manner in which the services will be coordinated and delivered through such system2 7ii7 how the costs of such services and the operating costs of such system will be funded1 including-- 7,i7 funding through cash and in-kind contributions 7fairly evaluated71 which contributions may include funding from philanthropic organizations or other private entities1 or through other alternative financing options1 to provide a stable and equitable funding stream for ongoing one-stop delivery system operations2 and 7,,ii7 funding of the infrastructure costs of one-stop centers in accordance with subsection 7h72 7iii7 methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities2 7iv7 methods to ensure the needs of workers and youth1 and individuals with barriers to employment1 including individuals with disabilities1 are addressed in the provision of necessary and appropriate access to services1 including access to technology and materials1 made available through the one-stop delivery system2 and 7v7 the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum1 and assurances that such memorandum shall be reviewed not less than once every #c-year period to ensure appropriate funding and delivery of services2 and 7,b7 such other provisions1 consistent with the requirements of this title1 as the parties to the agreement determine to be appropriate4 7d7 ,one-stop operators 7#a7 ,local designation and certification ,consistent with paragraphs 7#b7 and 7#c71 the local board1 with the agreement of the chief elected official1 is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators4 7#b7 ,eligibility ,to be eligible to receive funds made available under this subtitle to operate a one-stop center referred to in subsection 7e71 an entity 7which may be a consortium of entities7-- 7,a7 shall be designated or certified as a one-stop operator through a competitive process2 and 7,b7 shall be an entity 7public1 private1 or nonprofit71 or consortium of entities 7including a consortium of entities that1 at a minimum1 includes #c or more of the one-stop partners described in subsection 7b77#a771 of demonstrated effectiveness1 located in the local area1 which may include-- 7i7 an institution of higher education2 7ii7 an employment service ,state agency established under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 on behalf of the local office of the agency2 7iii7 a community-based organization1 nonprofit organization1 or intermediary2 7iv7 a private for-profit entity2 7v7 a government agency2 and 7vi7 another interested organization or entity1 which may include a local chamber of commerce or other business organization1 or a labor organization4 7#c7 ,exception ,elementary schools and secondary schools shall not be eligible for designation or certification as one-stop operators1 except that nontraditional public secondary schools and area career and technical education schools may be eligible for such designation or certification4 7#d7 ,additional requirements ,the ,state and local boards shall ensure that in carrying out activities under this title1 one-stop operators-- 7,a7 disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers2 7,b7 do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services1 such as intensive employment1 training1 and education services2 and 7,c7 comply with ,federal regulations1 and procurement policies1 relating to the calculation and use of profits4 7e7 ,establishment of one-stop delivery system 7#a7 ,in general ,there shall be established in each local area in a ,state that receives an allotment under section #acb7;b7 a one-stop delivery system1 which shall-- 7,a7 provide the career services described in section #acd7;c77#b72 7,b7 provide access to training services as described in section #acd7;c77#c71 including serving as the point of access to training services for participants in accordance with section #acd7;c77#c77;,g72 7,c7 provide access to the employment and training activities carried out under section #acd7;d71 if any2 7,d7 provide access to programs and activities carried out by one-stop partners described in subsection 7b72 and 7,e7 provide access to the data1 information1 and analysis described in section #ae7;a7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;a77 and all job search1 placement1 recruitment1 and other labor exchange services authorized under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq474 7#b7 ,one-stop delivery ,the one-stop delivery system-- 7,a7 at a minimum1 shall make each of the programs1 services1 and activities described in paragraph 7#a7 accessible at not less than #a physical center in each local area of the ,state2 and 7,b7 may also make programs1 services1 and activities described in paragraph 7#a7 available-- 7i7 through a network of affiliated sites that can provide #a or more of the programs1 services1 and activities to individuals2 and 7ii7 through a network of eligible one-stop partners-- 7,i7 in which each partner provides #a or more of the programs1 services1 and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point2 and 7,,ii7 that assures individuals that information on the availability of the career services will be available regardless of where the individuals initially enter the statewide workforce development system1 including information made available through an access point described in subclause 7,i72 7,c7 may have specialized centers to address special needs1 such as the needs of dislocated workers1 youth1 or key industry sectors or clusters2 and 7,d7 as applicable and practicable1 shall make programs1 services1 and activities accessible to individuals through electronic means in a manner that improves efficiency1 coordination1 and quality in the delivery of one-stop partner services4 7#c7 ,colocation of wagner-peyser services ,consistent with section #c7;d7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;b7d771 and in order to improve service delivery1 avoid duplication of services1 and enhance coordination of services1 including location of staff to ensure access to services in underserved areas1 the employment service offices in each ,state shall be colocated with one-stop centers established under this title4 7#d7 ,use of common one-stop delivery system identifier ,in addition to using any ,state or locally developed identifier1 each one-stop delivery system shall include in the identification of products1 programs1 activities1 services1 facilities1 and related property and materials1 a common one-stop delivery system identifier4 ,the identifier shall be developed by the ,secretary1 in consultation with heads of other appropriate departments and agencies1 and representatives of ,state boards and local boards and of other stakeholders in the one-stop delivery system1 not later than the beginning of the second full program year after the date of enactment of this ,act4 ,such common identifier may consist of a logo1 phrase1 or other identifier that informs users of the one-stop delivery system that such products1 programs1 activities1 services1 facilities1 property1 or materials are being provided through such system4 ,nothing in this paragraph shall be construed to prohibit one-stop partners1 ,states1 or local areas from having additional identifiers4 7f7 ,application to certain vocational rehabilitation programs 7#a7 ,limitation ,nothing in this section shall be construed to apply to part ,c of title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gda74 7#b7 ,client assistance ,nothing in this ,act shall be construed to require that any entity carrying out a client assistance program authorized under section #aab of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcb7-- 7,a7 be included as a mandatory one-stop partner under subsection 7b77#a72 or 7,b7 if the entity is included as an additional one-stop partner under subsection 7b77#b7-- 7i7 violate the requirement of section #aab7;c77#a77;,a7 of that ,act 7#bi ,u4,s4,c4 #gcb7;c77#a77;,a77 that the entity be independent of any agency that provides treatment1 services1 or rehabilitation to individuals under that ,act2 or 7ii7 carry out any activity not authorized under section #aab of that ,act 7including appropriate ,federal regulations74 7g7 ,certification and continuous improvement of one-stop centers 7#a7 ,in general ,in order to be eligible to receive infrastructure funding described in subsection 7h71 the ,state board1 in consultation with chief elected officials and local boards1 shall establish objective criteria and procedures for use by local boards in assessing at least once every #c years the effectiveness1 physical and programmatic accessibility in accordance with section #ahh1 if applicable1 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq71 and continuous improvement of one-stop centers and the one-stop delivery system1 consistent with the requirements of section #aja7;d77#f74 7#b7 ,criteria ,the criteria and procedures developed under this subsection shall include standards relating to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop partners at the one-stop centers4 ,such criteria and procedures shall-- 7,a7 be developed in a manner that is consistent with the guidelines1 guidance1 and policies provided by the ,governor and by the ,state board1 in consultation with the chief elected officials and local boards1 for such partners' participation under subsections 7h77#a7 and 7i72 and 7,b7 include such factors relating to the effectiveness1 accessibility1 and improvement of the one-stop delivery system as the ,state board determines to be appropriate1 including at a minimum how well the one-stop center-- 7i7 supports the achievement of the negotiated local levels of performance for the indicators of performance described in section #aaf7;b77#b7 for the local area2 7ii7 integrates available services2 and 7iii7 meets the workforce development and employment needs of local employers and participants4 7#c7 ,local criteria ,consistent with the criteria developed under paragraph 7#a7 by the ,state1 a local board in the ,state may develop additional criteria 7or higher levels of service coordination than required for the ,state-developed criteria7 relating to service coordination achieved by the one-stop delivery system1 for purposes of assessments described in paragraph 7#a71 in order to respond to labor market1 economic1 and demographic1 conditions and trends in the local area4 7#d7 ,effect of certification ,one-stop centers certified under this subsection shall be eligible to receive the infrastructure funding described in subsection 7h74 7#e7 ,review and update ,the criteria and procedures established under this subsection shall be reviewed and updated by the ,state board or the local board1 as the case may be1 as part of the biennial process for review and modification of ,state and local plans described in sections #ajb7;c77#b7 and #ajh7;a74 7h7 ,funding of one-stop infrastructure 7#a7 ,in general 7,a7 ,options for infrastructure funding 7i7 ,local options ,the local board1 chief elected officials1 and one-stop partners described in subsection 7b77#a7 in a local area may fund the costs of infrastructure of one-stop centers in the local area through-- 7,i7 methods agreed on by the local board1 chief elected officials1 and one-stop partners 7and described in the memorandum of understanding described in subsection 7c772 or 7,,ii7 if no consensus agreement on methods is reached under subclause 7,i71 the ,state infrastructure funding mechanism described in paragraph 7#b74 7ii7 ,failure to reach consensus agreement on funding methods ,beginning ,july #a1 #bjaf1 if the local board1 chief elected officials1 and one-stop partners described in subsection 7b77#a7 in a local area fail to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year1 the ,state infrastructure funding mechanism described in paragraph 7#b7 shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement4 7,b7 ,guidance for infrastructure funding ,in addition to carrying out the requirements relating to the ,state infrastructure funding mechanism described in paragraph 7#b71 the ,governor1 after consultation with chief elected officials1 local boards1 and the ,state board1 and consistent with the guidance and policies provided by the ,state board under subparagraphs 7,b7 and 7,c77i7 of section #aja7;d77#g71 shall provide1 for the use of local areas under subparagraph 7,a77i77,i7-- 7i7 guidelines for ,state-administered one-stop partner programs1 for determining such programs' contributions to a one-stop delivery system1 based on such programs' proportionate use of such system consistent with chapter ,,ii of title #b1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling71 including determining funding for the costs of infrastructure1 which contributions shall be negotiated pursuant to the memorandum of understanding under subsection 7c72 and 7ii7 guidance to assist local boards1 chief elected officials1 and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure of one-stop centers in such areas4 7#b7 ,state one-stop infrastructure funding 7,a7 ,definition ,in this paragraph1 the term covered portion1 used with respect to funding for a fiscal year for a program described in subsection 7b77#a71 means a portion determined under subparagraph 7,c7 of the ,federal funds provided to a ,state 7including local areas within the ,state7 under the ,federal law authorizing that program described in subsection 7b77#a7 for the fiscal year 7taking into account the availability of funding for purposes related to infrastructure from philanthropic organizations1 private entities1 or other alternative financing options74 7,b7 ,partner contributions ,subject to subparagraph 7,d71 for local areas in a ,state that are not covered by paragraph 7#a77;,a77i77,i71 the covered portions of funding for a fiscal year shall be provided to the ,governor from the programs described in subsection 7b77#a71 to assist in paying the costs of infrastructure of one-stop centers in those local areas of the ,state not adequately funded under the option described in paragraph 7#a77;,a77i77,i74 7,c7 ,determination of ,governor 7i7 ,in general ,subject to clause 7ii7 and subparagraph 7,d71 the ,governor1 after consultation with chief elected officials1 local boards1 and the ,state board1 shall determine the portion of funds to be provided under subparagraph 7,b7 by each one-stop partner from each program described in subparagraph 7,b74 ,in making such determination for the purpose of determining funding contributions1 for funding pursuant to clause 7i77,,ii7 or 7ii7 of paragraph 7#a77;,a7 by each partner1 the ,governor shall calculate amounts for the proportionate use of the one-stop centers in the ,state1 consistent with chapter ,,ii of title #b1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling71 taking into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers1 for each partner4 ,the ,governor shall exclude from such determination of funds the amounts for proportionate use of one-stop centers attributable to the programs of one-stop partners for those local areas of the ,state where the costs of infrastructure of one-stop centers are funded under the option described in paragraph 7#a77;,a77i77,i74 ,the ,governor shall also take into account the statutory requirements for each partner program and the partner program's ability to fulfill such requirements4 7ii7 ,special rule ,in a ,state in which the ,state constitution or a ,state statute places policymaking authority that is independent of the authority of the ,governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title ,,ii1 postsecondary career and technical education activities authorized under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 or vocational rehabilitation services offered under a provision covered by section #c7ac77;,d71 the determination described in clause 7i7 with respect to the programs authorized under that title1 ,act1 or provision shall be made by the chief officer of the entity1 or the official1 with such authority in consultation with the ,governor4 7,d7 ,limitations 7i7 ,provision from administrative funds 7,i7 ,in general ,subject to subclause 7,,ii71 the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner1 and shall be subject to the program's limitations with respect to the portion of funds under such program that may be used for administration4 7,,ii7 ,exceptions ,nothing in this clause shall be construed to apply to the programs carried out under this title1 or under title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq474 7ii7 ,cap on required contributions ,for local areas in a ,state that are not covered by paragraph 7#a77;,a77i77,i71 the following rules shall apply3 7,i7 ,wia formula programs and employment service ,the portion of funds required to be contributed under this paragraph from a program authorized under chapter #b or #c1 or the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 shall not exceed #c percent of the amount of ,federal funds provided to carry out that program in the ,state for a fiscal year4 7,,ii7 ,other one-stop partners ,the portion of funds required to be contributed under this paragraph from a program described in subsection 7b77#a7 other than the programs described in subclause 7,i7 shall not exceed #a4e percent of the amount of ,federal funds provided to carry out that program in the ,state for a fiscal year4 7,,iii7 ,vocational rehabilitation ,notwithstanding subclauses 7,i7 and 7,,ii71 an entity administering a program described in subsection 7b77#a77;,b77iv7 shall not be required to provide from that program1 under this paragraph1 a portion that exceeds-- 7aa7 #j4ge percent of the amount of ,federal funds provided to carry out such program in the ,state for the second full program year that begins after the date of enactment of this ,act2 7bb7 #a4j percent of the amount provided to carry out such program in the ,state for the third full program year that begins after such date2 7cc7 #a4be percent of the amount provided to carry out such program in the ,state for the fourth full program year that begins after such date2 and 7dd7 #a4e percent of the amount provided to carry out such program in the ,state for the fifth and each succeeding full program year that begins after such date4 7iii7 ,federal direct spending programs ,for local areas in a ,state that are not covered by paragraph 7#a77;,a77i77,i71 an entity administering a program funded with direct spending as defined in section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as in effect on ,february #ae1 #bjad 7#b ,u4,s4,c4 #ijj7;c77#h77 shall not be required to provide1 for purposes of this paragraph1 an amount in excess of the amount determined under subparagraph 7,c77i7 to be equivalent to the cost of the proportionate use of the one-stop centers for the one-stop partner for such program in the ,state4 7iv7 ,native ,american programs ,one-stop partners for ,native ,american programs established under section #aff shall not be subject to the provisions of this subsection 7other than this clause7 or subsection 7i74 ,for purposes of subsection 7c77#b77;,a77ii77,,ii71 the method for determining the appropriate portion of funds to be provided by such partners to pay for the costs of infrastructure of a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection 7c7 for the one-stop center and shall be stated in the memorandum4 7,e7 ,appeal by one-stop partners ,the ,governor shall establish a process1 described under section #ajb7;b77#b77;,d77i77,,iv71 for a one-stop partner administering a program described in subsection 7b77#a7 to appeal a determination regarding the portion of funds to be provided under this paragraph4 ,such a determination may be appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph4 ,such process shall ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner1 consistent with the requirements of section #ahb7;e74 7#c7 ,allocation by ,governor 7,a7 ,in general ,from the funds provided under paragraph 7#a71 the ,governor shall allocate the funds to local areas described in subparagraph 7,b7 in accordance with the formula established under subparagraph 7,b7 for the purposes of assisting in paying the costs of infrastructure of one-stop centers4 7,b7 ,allocation formula ,the ,state board shall develop a formula to be used by the ,governor to allocate the funds provided under paragraph 7#a7 to local areas not funding costs of infrastructure under the option described in paragraph 7#a77;,a77i77,i74 ,the formula shall be based on factors including the number of one-stop centers in a local area1 the population served by such centers1 the services provided by such centers1 and other factors relating to the performance of such centers that the ,state board determines are appropriate4 7#d7 ,costs of infrastructure ,in this subsection1 the term costs of infrastructure1 used with respect to a one-stop center1 means the nonpersonnel costs that are necessary for the general operation of the one-stop center1 including the rental costs of the facilities1 the costs of utilities and maintenance1 equipment 7including assessment-related products and assistive technology for individuals with disabilities71 and technology to facilitate access to the one-stop center1 including the center's planning and outreach activities4 7i7 ,other funds 7#a7 ,in general ,subject to the memorandum of understanding described in subsection 7c7 for the one-stop delivery system involved1 in addition to the funds provided to carry out subsection 7h71 a portion of funds made available under ,federal law authorizing the programs described in subsection 7b7 and administered by one-stop partners1 or the noncash resources available under such programs1 shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection 7h71 as determined in accordance with paragraph 7#c71 to the extent not inconsistent with the ,federal law involved4 ,such costs shall include the costs of the provision of career services described in section #acd7;c77#b7 applicable to each program and may include common costs that are not paid from the funds provided under subsection 7h74 7#b7 ,shared services ,the costs described under paragraph 7#a7 may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual1 such as initial intake1 assessment of needs1 appraisal of basic skills1 identification of appropriate services to meet such needs1 referrals to other one-stop partners1 and other similar services4 7#c7 ,determination and guidance ,the method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph 7#a7 for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection 7c7 for the one-stop center and shall be stated in the memorandum4 ,the ,state board shall provide guidance to facilitate the determination1 for purposes of the memorandum of understanding1 of an appropriate allocation of the funds and noncash resources in local areas1 consistent with the requirements of section #aja7;d77#f77;,c74 #abb4 ,identification of eligible providers of training services 7a7 ,eligibility 7#a7 ,in general ,except as provided in subsection 7h71 the ,governor1 after consultation with the ,state board1 shall establish criteria1 information requirements1 and procedures regarding the eligibility of providers of training services to receive funds provided under section #acc7;b7 for the provision of training services in local areas in the ,state4 7#b7 ,providers ,subject to the provisions of this section1 to be eligible to receive those funds for the provision of training services1 the provider shall be-- 7,a7 an institution of higher education that provides a program that leads to a recognized postsecondary credential2 7,b7 an entity that carries out programs registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq472 or 7,c7 another public or private provider of a program of training services1 which may include joint labor-management organizations1 and eligible providers of adult education and literacy activities under title ,,ii if such activities are provided in combination with occupational skills training4 7#c7 ,inclusion in list of eligible providers ,a provider described in subparagraph 7,a7 or 7,c7 of paragraph 7#b7 shall comply with the criteria1 information requirements1 and procedures established under this section to be included on the list of eligible providers of training services described in subsection 7d74 ,a provider described in paragraph 7#b77;,b7 shall be included and maintained on the list of eligible providers of training services described in subsection 7d7 for so long as the corresponding program of the provider remains registered as described in paragraph 7#b77;,b74 7b7 ,criteria and information requirements 7#a7 ,state criteria ,in establishing criteria pursuant to subsection 7a71 the ,governor shall take into account each of the following3 7,a7 ,the performance of providers of training services with respect to-- 7i7 the performance accountability measures and other matters for which information is required under paragraph 7#b72 and 7ii7 other appropriate measures of performance outcomes determined by the ,governor for those participants receiving training services under this subtitle 7taking into consideration the characteristics of the population served and relevant economic conditions71 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 #aaf7;b77#b74 7,b7 ,the need to ensure access to training services throughout the ,state1 including in rural areas1 and through the use of technology4 7,c7 ,information reported to ,state agencies with respect to ,federal and ,state programs involving training services 7other than the program carried out under this subtitle71 including one-stop partner programs4 7,d7 ,the degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the ,state4 7,e7 ,the requirements for ,state licensing of providers of training services1 and the licensing status of providers of training services if applicable4 7,f7 ,ways in which the criteria can encourage1 to the extent practicable1 the providers to use industry-recognized certificates or certifications4 7,g7 ,the ability of the providers to offer programs that lead to recognized postsecondary credentials4 7,h7 ,the quality of a program of training services1 including a program of training services that leads to a recognized postsecondary credential4 7,i7 ,the ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment4 7,j7 ,such other factors as the ,governor determines are appropriate to ensure-- 7i7 the accountability of the providers2 7ii7 that the one-stop centers in the ,state will ensure that such providers meet the needs of local employers and participants2 7iii7 the informed choice of participants among training services providers2 and 7iv7 that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers4 7#b7 ,state information requirements ,the information requirements established by the ,governor shall require that a provider of training services submit appropriate1 accurate1 and timely information to the ,state1 to enable the ,state to carry out subsection 7d71 with respect to participants receiving training services under this subtitle in the applicable program1 including-- 7,a7 information on the performance of the provider with respect to the performance accountability measures described in section #aaf for such participants 7taking into consideration the characteristics of the population served and relevant economic conditions71 and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program1 to the extent practicable2 7,b7 information on recognized postsecondary credentials received by such participants2 7,c7 information on cost of attendance1 including costs of tuition and fees1 for participants in the program2 7,d7 information on the program completion rate for such participants2 and 7,e7 information on the criteria described in paragraph 7#a74 7#c7 ,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 ,governor1 or may require higher levels of performance than required for the criteria established by the ,governor1 for purposes of determining the eligibility of providers of training services to receive funds described in subsection 7a7 for the provision of training services in the local area involved4 7#d7 ,criteria and information requirements to establish initial eligibility 7,a7 ,purpose ,the purpose of this paragraph is to enable the providers of programs carried out under chapter #c to offer the highest quality training services and be responsive to in-demand and emerging industries by providing training services for those industries4 7,b7 ,initial eligibility ,providers may seek initial eligibility under this paragraph as providers of training services and may receive that initial eligibility for only #a fiscal year for a particular program4 ,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 7or section #abb of the ,workforce ,investment ,act of #aiih1 as in effect on the day before the date of enactment of this ,act7 provide the information described in subparagraph 7,c74 7,c7 ,information ,the provider shall provide verifiable program-specific performance information based on criteria established by the ,state as described in subparagraph 7,d7 that supports the provider's ability to serve participants under this subtitle4 7,d7 ,criteria ,the criteria described in subparagraph 7,c7 shall include at least-- 7i7 a factor related to indicators described in section #aaf2 7ii7 a factor concerning whether the provider is in a partnership with business2 7iii7 other factors that indicate high-quality training services1 including the factor described in paragraph 7#a77;,h72 and 7iv7 a factor concerning alignment of the training services with in-demand industry sectors and occupations1 to the extent practicable4 7,e7 ,provision ,the provider shall provide the information described in subparagraph 7,c7 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 7d74 7,f7 ,limitation ,a provider that receives initial eligibility under this paragraph for a program shall be subject to the requirements under subsection 7c7 for that program after such initial eligibility expires4 7c7 ,procedures 7#a7 ,application procedures ,the procedures established under subsection 7a7 shall identify the application process for a provider of training services to become eligible to receive funds provided under section #acc7;b7 for the provision of training services4 ,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 criteria1 information1 and procedures established under this section4 ,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 appeal4 7#b7 ,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 services4 7d7 ,list and information to assist participants in choosing providers 7#a7 ,in general ,in order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services1 the ,governor shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the ,state 7and1 as appropriate1 in a local area71 accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information1 is prepared4 ,the list shall be provided to the local boards in the ,state1 and made available to such participants and to members of the public through the one-stop delivery system in the ,state4 7#b7 ,accompanying information ,the accompanying information shall-- 7,a7 with respect to providers described in subparagraphs 7,a7 and 7,c7 of subsection 7a77#b71 consist of information provided by such providers1 disaggregated by local areas served1 as applicable1 in accordance with subsection 7b72 7,b7 with respect to providers described in subsection 7b77#d71 consist of information provided by such providers in accordance with subsection 7b77#d72 and 7,c7 such other information as the ,governor determines to be appropriate4 7#c7 ,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 ,state1 in a manner that does not reveal personally identifiable information about an individual participant4 7#d7 ,limitation ,in carrying out the requirements of this subsection1 no personally identifiable information regarding a student1 including a ,social ,security number1 student identification number1 or other identifier1 may be disclosed without the prior written consent of the parent or student in compliance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7e7 ,opportunity to submit comments ,in establishing1 under this section1 criteria1 information requirements1 procedures1 and the list of eligible providers described in subsection 7d71 the ,governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria1 information requirements1 procedures1 and list4 7f7 ,enforcement 7#a7 ,in general ,the procedures established under this section shall provide the following3 7,a7 ,intentionally supplying inaccurate information ,upon a determination1 by an individual or entity specified in the procedures1 that a provider of training services1 or individual providing information on behalf of the provider1 violated this section 7or section #abb of the ,workforce ,investment ,act of #aiih1 as in effect on the day before the date of enactment of this ,act7 by intentionally supplying inaccurate information under this section1 the eligibility of such provider to receive funds under chapter #c shall be terminated for a period of time that is not less than #b years4 7,b7 ,substantial violations ,upon a determination1 by an individual or entity specified in the procedures1 that a provider of training services substantially violated any requirement under this title 7or title ,i of the ,workforce ,investment ,act of #aiih1 as in effect on the day before such date of enactment71 the eligibility of such provider to receive funds under chapter #c for the program involved shall be terminated for a period of not less than #b years4 7,c7 ,repayment ,a provider of training services whose eligibility is terminated under subparagraph 7,a7 or 7,b7 shall be liable for the repayment of funds received under chapter #e of subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih1 as in effect on the day before such date of enactment1 or chapter #c of this subtitle during a period of violation described in such subparagraph4 7#b7 ,construction ,paragraph 7#a7 shall be construed to provide remedies and penalties that supplement1 but shall not supplant1 civil and criminal remedies and penalties specified in other provisions of law4 7g7 ,agreements with other ,states ,states may enter into agreements1 on a reciprocal basis1 to permit eligible providers of training services to accept individual training accounts provided in another ,state4 7h7 ,on-the-job training1 customized training1 incumbent worker training1 and other training exceptions 7#a7 ,in general ,providers of on-the-job training1 customized training1 incumbent worker training1 internships1 and paid or unpaid work experience opportunities1 or transitional employment shall not be subject to the requirements of subsections 7a7 through 7f74 7#b7 ,collection and dissemination of information ,a one-stop operator in a local area shall collect such performance information from providers of on-the-job training1 customized training1 incumbent worker training1 internships1 paid or unpaid work experience opportunities1 and transitional employment as the ,governor may require1 and use the information to determine whether the providers meet such performance criteria as the ,governor may require4 ,the one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers1 and the performance information1 through the one-stop delivery system4 ,providers determined to meet the criteria shall be considered to be identified as eligible providers of training services4 7i7 ,transition period for implementation ,the ,governor and local boards shall implement the requirements of this section not later than #ab months after the date of enactment of this ,act4 ,in order to facilitate early implementation of this section1 the ,governor may establish transition procedures under which providers eligible to provide training services under chapter #e of subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih1 as such chapter was in effect on the day before the date of enactment of this ,act1 may continue to be eligible to provide such services until ,december #ca1 #bjae1 or until such earlier date as the ,governor determines to be appropriate4 #abc4 ,eligible providers of youth workforce investment activities 7a7 ,in general ,from the funds allocated under section #abh7;b7 to a local area1 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 7including such quality criteria as the ,governor shall establish for a training program that leads to a recognized postsecondary credential71 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 #aaf7;b77#b77;,a77ii771 as described in section #ajb7;b77#b77;,d77i77,v71 and shall conduct oversight with respect to such providers4 7b7 ,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 7such as a rural area7 for grants and contracts to be awarded on a competitive basis under subsection 7a74 #b ,youth workforce investment activities #abf4 ,general authorization ,the ,secretary shall make an allotment under section #abg7;b77#a77;,c7 to each ,state that meets the requirements of section #ajb or #ajc and a grant under section #abg7;b77#a77;,b7 to each outlying area that complies with the requirements of this title1 to assist the ,state or outlying area1 and to enable the ,state or outlying area to assist local areas1 for the purpose of providing workforce investment activities for eligible youth in the ,state or outlying area and in the local areas4 #abg4 ,state allotments 7a7 ,in general ,the ,secretary shall-- 7#a7 for each fiscal year for which the amount appropriated under section #acf7;a7 exceeds #ibe1jjj1jjj1 reserve #d percent of the excess amount to provide youth workforce investment activities under section #afg 7relating to migrant and seasonal farmworkers72 and 7#b7 use the remainder of the amount appropriated under section #acf7;a7 for a fiscal year to make allotments and grants in accordance with subsection 7b74 7b7 ,allotment among ,states 7#a7 ,youth workforce investment activities 7,a7 ,native americans ,from the amount appropriated under section #acf7;a7 for a fiscal year that is not reserved under subsection 7a77#a71 the ,secretary shall reserve not more than #aa_/b percent of such amount to provide youth workforce investment activities under section #aff 7relating to ,native ,americans74 7,b7 ,outlying areas 7i7 ,in general ,from the amount appropriated under section #acf7;a7 for each fiscal year that is not reserved under subsection 7a77#a7 and subparagraph 7,a71 the ,secretary shall reserve not more than #a_/d of #a percent of such amount to provide assistance to the outlying areas to carry out youth workforce investment activities and statewide workforce investment activities4 7ii7 ,limitation for outlying areas 7,i7 ,competitive grants ,the ,secretary shall use funds reserved under clause 7i7 to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities4 7,,ii7 ,award basis ,the ,secretary shall award grants pursuant to subclause 7,i7 on a competitive basis and pursuant to the recommendations of experts in the field of employment and training1 working through the ,pacific ,region ,educational ,laboratory in ,honolulu1 ,hawaii4 7,,iii7 ,administrative costs ,the ,secretary may provide not more than #e percent of the funds made available for grants under subclause 7,i7 to pay the administrative costs of the ,pacific ,region ,educational ,laboratory in ,honolulu1 ,hawaii1 regarding activities assisted under this clause4 7iii7 ,additional requirement ,the provisions of section #eja of ,public ,law #ie-acd 7#dh ,u4,s4,c4 #adfi;a71 permitting the consolidation of grants by the outlying areas1 shall not apply to assistance provided to those areas1 including ,palau1 under this subparagraph4 7,c7 ,states 7i7 ,in general ,from the remainder of the amount appropriated under section #acf7;a7 for a fiscal year that exists after the ,secretary determines the amounts to be reserved under subsection 7a77#a7 and subparagraphs 7,a7 and 7,b71 the ,secretary shall make allotments to the ,states in accordance with clause 7ii7 for youth workforce investment activities and statewide workforce investment activities4 7ii7 ,formula ,subject to clauses 7iii7 and 7iv71 of the remainder-- 7,i7 #cca_/c percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each ,state1 compared to the total number of unemployed individuals in areas of substantial unemployment in all ,states2 7,,ii7 #cca_/c percent shall be allotted on the basis of the relative excess number of unemployed individuals in each ,state1 compared to the total excess number of unemployed individuals in all ,states2 and 7,,iii7 #cca_/c percent shall be allotted on the basis of the relative number of disadvantaged youth in each ,state1 compared to the total number of disadvantaged youth in all ,states1 except as described in clause 7iii74 7iii7 ,calculation ,in determining an allotment under clause 7ii77,,iii7 for any ,state in which there is an area that was designated as a local area as described in section #ajg7;c77#a77;,c71 the allotment shall be based on the higher of-- 7,i7 the number of individuals who are age #af through #ba in families with an income below the low-income level in such area2 or 7,,ii7 the number of disadvantaged youth in such area4 7iv7 ,minimum and maximum percentages and minimum allotments ,in making allotments under this subparagraph1 the ,secretary shall ensure the following3 7,i7 ,minimum percentage and allotment ,subject to subclause 7,,iv71 the ,secretary shall ensure that no ,state shall receive an allotment for a fiscal year that is less than the greater of-- 7aa7 an amount based on #ij percent of the allotment percentage of the ,state for the preceding fiscal year2 or 7bb7 #ajj percent of the allotments of the ,state under section #abg7;b77#a77;,c7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act7 for fiscal year #bjad4 7,,ii7 ,small state minimum allotment ,subject to subclauses 7,i71 7,,iii71 and 7,,iv71 the ,secretary shall ensure that no ,state shall receive an allotment under this subparagraph that is less than the total of-- 7aa7 #c_/aj of #a percent of #a1jjj1jjj1jjj of the remainder described in clause 7i7 for the fiscal year2 and 7bb7 if the remainder described in clause 7i7 for the fiscal year exceeds #a1jjj1jjj1jjj1 #b_/e of #a percent of the excess4 7,,iii7 ,maximum percentage ,subject to subclause 7,i71 the ,secretary shall ensure that no ,state shall receive an allotment percentage for a fiscal year that is more than #acj percent of the allotment percentage of the ,state for the preceding fiscal year4 7,,iv7 ,minimum funding ,in any fiscal year in which the remainder described in clause 7i7 does not exceed #a1jjj1jjj1jjj1 the minimum allotments under subclauses 7,i7 and 7,,ii7 shall be calculated by the methodology specified in section #abg7;b77#a77;,c77iv77,,iv7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act74 7#b7 ,definitions ,for the purpose of the formula specified in paragraph 7#a77;,c73 7,a7 ,allotment percentage ,the term allotment percentage1 used with respect to fiscal year #bjae or a subsequent fiscal year1 means a percentage of the remainder described in paragraph 7#a77;,c77i7 that is received through an allotment made under paragraph 7#a77;,c7 for the fiscal year4 ,the term1 used with respect to fiscal year #bjad1 means the percentage of the amount allotted to ,states under section #abg7;b77#a77;,c7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act7 that is received under such section by the ,state involved for fiscal year #bjad4 7,b7 ,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 #f4e percent for the most recent #ab months1 as determined by the ,secretary4 ,for purposes of this subparagraph1 determinations of areas of substantial unemployment shall be made once each fiscal year4 7,c7 ,disadvantaged youth ,subject to paragraph 7#c71 the term disadvantaged youth means an individual who is age #af through #ba who received an income1 or is a member of a family that received a total family income1 that1 in relation to family size1 does not exceed the higher of-- 7i7 the poverty line2 or 7ii7 #gj percent of the lower living standard income level4 7,d7 ,excess number ,the term excess number means1 used with respect to the excess number of unemployed individuals within a ,state1 the higher of-- 7i7 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in the ,state2 or 7ii7 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in areas of substantial unemployment in such ,state4 7,e7 ,low-income level ,the term low-income level means #g1jjj with respect to income in #aifi1 and for any later year means that amount that bears the same relationship to #g1jjj as the ,consumer ,price ,index for that year bears to the ,consumer ,price ,index for #aifi1 rounded to the nearest #a1jjj4 7#c7 ,special rule ,for the purpose of the formula specified in paragraph 7#a77;,c71 the ,secretary shall1 as appropriate and to the extent practicable1 exclude college students and members of the ,armed ,forces from the determination of the number of disadvantaged youth4 7c7 ,reallotment 7#a7 ,in general ,the ,secretary shall1 in accordance with this subsection1 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 #aiih for youth workforce investment activities and statewide workforce investment activities 7referred to individually in this subsection as a ,state allotment7 and that are available for reallotment4 7#b7 ,amount ,the amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the ,state allotment1 at the end of the program year prior to the program year for which the determination under this paragraph is made1 exceeds #bj percent of such allotment for the prior program year4 7#c7 ,reallotment ,in making reallotments to eligible ,states of amounts available pursuant to paragraph 7#b7 for a program year1 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 made1 as compared to the total amount of the ,state allotments for all eligible ,states for such program year4 7#d7 ,eligibility ,for purposes of this subsection1 an eligible ,state means a ,state that does not have an amount available for reallotment under paragraph 7#b7 for the program year for which the determination under paragraph 7#b7 is made4 7#e7 ,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 subsection4 ,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 subsection4 #abh4 ,within ,state allocations 7a7 ,reservations for statewide activities 7#a7 ,in general ,the ,governor shall reserve not more than #ae percent of each of the amounts allotted to the ,state under section #abg7;b77#a77;,c7 and paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b7 for a fiscal year for statewide workforce investment activities4 7#b7 ,use of funds ,regardless of whether the reserved amounts were allotted under section #abg7;b77#a77;,c71 or under paragraph 7#a77;,b7 or 7#b77;,b7 of section #acb7;b71 the ,governor may use the reserved amounts to carry out statewide activities under section #abi7;b7 or statewide employment and training activities1 for adults or dislocated workers1 under section #acd7;a74 7b7 ,within ,state allocations 7#a7 ,methods ,the ,governor1 acting in accordance with the ,state plan1 and after consulting with chief elected officials and local boards in the local areas1 shall allocate the funds that are allotted to the ,state for youth activities and statewide workforce investment activities under section #abg7;b77#a77;,c7 and are not reserved under subsection 7a71 in accordance with paragraph 7#b7 or 7#c74 7#b7 ,formula allocation 7,a7 ,youth activities 7i7 ,allocation ,in allocating the funds described in paragraph 7#a7 to local areas1 a ,state may allocate-- 7,i7 #cca_/c percent of the funds on the basis described in section #abg7;b77#a77;,c77ii77,i72 7,,ii7 #cca_/c percent of the funds on the basis described in section #abg7;b77#a77;,c77ii77,,ii72 and 7,,iii7 #cca_/c percent of the funds on the basis described in clauses 7ii77,,iii7 and 7iii7 of section #abg7;b77#a77;,c74 7ii7 ,minimum percentage ,the local area shall not receive an allocation percentage for a fiscal year that is less than #ij percent of the average allocation percentage of the local area for the #b preceding fiscal years4 ,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 subparagraph4 7iii7 ,definition ,in this subparagraph1 the term allocation percentage1 used with respect to fiscal year #bjae or a subsequent fiscal year1 means a percentage of the funds referred to in clause 7i71 received through an allocation made under this subparagraph1 for the fiscal year4 ,the term1 used with respect to fiscal year #bjac or #bjad1 means a percentage of the funds referred to in section #abh7;b77#a7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act71 received through an allocation made under paragraph 7#b7 or 7#c7 of section #abh7;b7 of the ,workforce ,investment ,act of #aiih 7as so in effect71 for the fiscal year #bjac or #bjad1 respectively4 7,b7 ,application ,for purposes of carrying out subparagraph 7,a7-- 7i7 references in section #abg7;b7 to a ,state shall be deemed to be references to a local area2 7ii7 references in section #abg7;b7 to all ,states shall be deemed to be references to all local areas in the ,state involved2 and 7iii7 except as described in clause 7i71 references in section #abg7;b77#a7 to the term excess number shall be considered to be references to the term as defined in section #abg7;b77#b74 7#c7 ,youth discretionary allocation ,in lieu of making the allocation described in paragraph 7#b71 in allocating the funds described in paragraph 7#a7 to local areas1 a ,state may distribute-- 7,a7 a portion equal to not less than #gj percent of the funds in accordance with paragraph 7#b77;,a72 and 7,b7 the remaining portion of the funds on the basis of a formula that-- 7i7 incorporates additional factors 7other than the factors described in paragraph 7#b77;,a77 relating to-- 7,i7 excess youth poverty in urban1 rural1 and suburban local areas2 and 7,,ii7 excess unemployment above the ,state average in urban1 rural1 and suburban local areas2 and 7ii7 was developed by the ,state board and approved by the ,secretary as part of the ,state plan4 7#d7 ,local administrative cost limit 7,a7 ,in general ,of the amount allocated to a local area under this subsection and section #acc7;b7 for a fiscal year1 not more than #aj 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 #c4 7,b7 ,use of funds ,funds made available for administrative costs under subparagraph 7,a7 may be used for the administrative costs of any of the local workforce investment activities described in this chapter or chapter #c1 regardless of whether the funds were allocated under this subsection or section #acc7;b74 7c7 ,reallocation among local areas 7#a7 ,in general ,the ,governor may1 in accordance with this subsection and after consultation with the ,state board1 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 #aiih for youth workforce investment activities 7referred to individually in this subsection as a local allocation7 and that are available for reallocation4 7#b7 ,amount ,the amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation1 at the end of the program year prior to the program year for which the determination under this paragraph is made1 exceeds #bj percent of such allocation for the prior program year4 7#c7 ,reallocation ,in making reallocations to eligible local areas of amounts available pursuant to paragraph 7#b7 for a program year1 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 made1 as compared to the total amount of the local allocations for all eligible local areas in the ,state for such program year4 7#d7 ,eligibility ,for purposes of this subsection1 an eligible local area means a local area that does not have an amount available for reallocation under paragraph 7#b7 for the program year for which the determination under paragraph 7#b7 is made4 #abi4 ,use of funds for youth workforce investment activities 7a7 ,youth participant eligibility 7#a7 ,eligibility 7,a7 ,in general ,to be eligible to participate in activities carried out under this chapter during any program year an individual shall1 at the time the eligibility determination is made1 be an out-of-school youth or an in-school youth4 7,b7 ,out-of-school youth ,in this title1 the term out-of-school youth means an individual who is-- 7i7 not attending any school 7as defined under ,state law72 7ii7 not younger than age #af or older than age #bd2 and 7iii7 one or more of the following3 7,i7 ,a school dropout4 7,,ii7 ,a youth who is within the age of compulsory school attendance1 but has not attended school for at least the most recent complete school year calendar quarter4 7,,iii7 ,a recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is-- 7aa7 basic skills deficient2 or 7bb7 an ,english language learner4 7,,iv7 ,an individual who is subject to the juvenile or adult justice system4 7,v7 ,a homeless individual 7as defined in section #dadjc7f7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#b7f7771 a homeless child or youth 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7771 a runaway1 in foster care or has aged out of the foster care system1 a child eligible for assistance under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg71 or in an out-of-home placement4 7,,vi7 ,an individual who is pregnant or parenting4 7,,vii7 ,a youth who is an individual with a disability4 7,,viii7 ,a low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment4 7,c7 ,in-school youth ,in this section1 the term in-school youth means an individual who is-- 7i7 attending school 7as defined by ,state law72 7ii7 not younger than age #ad or 7unless an individual with a disability who is attending school under ,state law7 older than age #ba2 7iii7 a low-income individual2 and 7iv7 one or more of the following3 7,i7 ,basic skills deficient4 7,,ii7 ,an ,english language learner4 7,,iii7 ,an offender4 7,,iv7 ,a homeless individual 7as defined in section #dadjc7f7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#b7f7771 a homeless child or youth 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7771 a runaway1 in foster care or has aged out of the foster care system1 a child eligible for assistance under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg71 or in an out-of-home placement4 7,v7 ,pregnant or parenting4 7,,vi7 ,a youth who is an individual with a disability4 7,,vii7 ,an individual who requires additional assistance to complete an educational program or to secure or hold employment4 7#b7 ,special rule ,for the purpose of this subsection1 the term low-income1 used with respect to an individual1 also includes a youth living in a high-poverty area4 7#c7 ,exception and limitation 7,a7 ,exception for persons who are not low-income individuals 7i7 ,definition ,in this subparagraph1 the term covered individual means an in-school youth1 or an out-of-school youth who is described in subclause 7,,iii7 or 7,,viii7 of paragraph 7#a77;,b77iii74 7ii7 ,exception ,in each local area1 not more than #e percent of the individuals assisted under this section may be persons who would be covered individuals1 except that the persons are not low-income individuals4 7,b7 ,limitation ,in each local area1 not more than #e percent of the in-school youth assisted under this section may be eligible under paragraph 7#a7 because the youth are in-school youth described in paragraph 7#a77;,c77iv77,,vii74 7#d7 ,out-of-school priority 7,a7 ,in general ,for any program year1 not less than #ge percent of the funds allotted under section #abg7;b77#a77;,c71 reserved under section #abh7;a71 and available for statewide activities under subsection 7b71 and not less than #ge percent of funds available to local areas under subsection 7c71 shall be used to provide youth workforce investment activities for out-of-school youth4 7,b7 ,exception ,a ,state that receives a minimum allotment under section #abg7;b77#a7 in accordance with section #abg7;b77#a77;,c77iv7 or under section #acb7;b77#a7 in accordance with section #acb7;b77#a77;,b77iv7 may decrease the percentage described in subparagraph 7,a7 to not less than #ej percent for a local area in the ,state1 if-- 7i7 after an analysis of the in-school youth and out-of-school youth populations in the local area1 the ,state determines that the local area will be unable to use at least #ge percent of the funds available for activities under subsection 7c7 to serve out-of-school youth due to a low number of out-of-school youth2 and 7ii7 7,i7 the ,state submits to the ,secretary1 for the local area1 a request including a proposed percentage decreased to not less than #ej percent for purposes of subparagraph 7,a71 and a summary of the analysis described in clause 7i72 and 7,,ii7 the request is approved by the ,secretary4 7#e7 ,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 laws1 the priority in providing such assistance shall be for the individual to attend school regularly4 7b7 ,statewide activities 7#a7 ,required ,statewide ,youth ,activities ,funds reserved by a ,governor as described in sections #abh7;a7 and #acc7;a77#a7 shall be used1 regardless of whether the funds were allotted to the ,state under section #abg7;b77#a77;,c7 or under paragraph 7#a77;,b7 or 7#b77;,b7 of section #acb7;b7 for statewide activities1 which shall include-- 7,a7 conducting evaluations under section #aaf7;e7 of activities authorized under this chapter and chapter #c in coordination with evaluations carried out by the ,secretary under section #afi7;a72 7,b7 disseminating a list of eligible providers of youth workforce investment activities1 as determined under section #abc2 7,c7 providing assistance to local areas as described in subsections 7b77#f7 and 7c77#b7 of section #ajf1 for local coordination of activities carried out under this title2 7,d7 operating a fiscal and management accountability information system under section #aaf7;i72 7,e7 carrying out monitoring and oversight of activities carried out under this chapter and chapter #c1 which may include a review comparing the services provided to male and female youth2 and 7,f7 providing additional assistance to local areas that have high concentrations of eligible youth4 7#b7 ,allowable statewide youth activities ,funds reserved by a ,governor as described in sections #abh7;a7 and #acc7;a77#a7 may be used1 regardless of whether the funds were allotted to the ,state under section #abg7;b77#a77;,c7 or under paragraph 7#a77;,b7 or 7#b77;,b7 of section #acb7;b71 for statewide activities1 which may include-- 7,a7 conducting-- 7i7 research related to meeting the education and employment needs of eligible youth2 and 7ii7 demonstration projects related to meeting the education and employment needs of eligible youth2 7,b7 supporting the development of alternative1 evidence-based programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education1 enroll in postsecondary education and advanced training1 progress through a career pathway1 and enter into unsubsidized employment that leads to economic self-sufficiency2 7,c7 supporting the provision of career services described in section #acd7;c77#b7 in the one-stop delivery system in the ,state2 7,d7 supporting financial literacy1 including-- 7i7 supporting the ability of participants to create household budgets1 initiate savings plans1 and make informed financial decisions about education1 retirement1 home ownership1 wealth building1 or other savings goals2 7ii7 supporting the ability to manage spending1 credit1 and debt1 including credit card debt1 effectively2 7iii7 increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit1 including determining their accuracy 7and how to correct inaccuracies in the reports and scores71 and their effect on credit terms2 7iv7 supporting the ability to understand1 evaluate1 and compare financial products1 services1 and opportunities2 and 7v7 supporting activities that address the particular financial literacy needs of non-,english speakers1 including providing the support through the development and distribution of multilingual financial literacy and education materials2 and 7,e7 providing technical assistance to1 as appropriate1 local boards1 chief elected officials1 one-stop operators1 one-stop partners1 and eligible providers1 in local areas1 which provision of technical assistance shall include the development and training of staff1 the development of exemplary program activities1 the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section #aaf7;c71 and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the ,state4 7#c7 ,limitation ,not more than #e percent of the funds allotted to a ,state under section #abg7;b77#a77;,c7 shall be used by the ,state for administrative activities carried out under this subsection or section #acd7;a74 7c7 ,local elements and requirements 7#a7 ,program design ,funds allocated to a local area for eligible youth under section #abh7;b7 shall be used to carry out1 for eligible youth1 programs that-- 7,a7 provide an objective assessment of the academic levels1 skill levels1 and service needs of each participant1 which assessment shall include a review of basic skills1 occupational skills1 prior work experience1 employability1 interests1 aptitudes 7including interests and aptitudes for nontraditional jobs71 supportive service needs1 and developmental needs of such participant1 for the purpose of identifying appropriate services and career pathways for participants1 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 program2 7,b7 develop service strategies for each participant that are directly linked to #a or more of the indicators of performance described in section #aaf7;b77#b77;,a77ii71 and that shall identify career pathways that include education and employment goals 7including1 in appropriate circumstances1 nontraditional employment71 appropriate achievement objectives1 and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph 7,a71 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 program2 7,c7 provide-- 7i7 activities leading to the attainment of a secondary school diploma or its recognized equivalent1 or a recognized postsecondary credential2 7ii7 preparation for postsecondary educational and training opportunities2 7iii7 strong linkages between academic instruction 7based on ,state academic content and student academic achievement standards established under section #aaaa of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa77 and occupational education that lead to the attainment of recognized postsecondary credentials2 7iv7 preparation for unsubsidized employment opportunities1 in appropriate cases2 and 7v7 effective connections to employers1 including small employers1 in in-demand industry sectors and occupations of the local and regional labor markets2 and 7,d7 at the discretion of the local board1 implement a pay-for-performance contract strategy for elements described in paragraph 7#b71 for which the local board may reserve and use not more than #aj percent of the total funds allocated to the local area under section #abh7;b74 7#b7 ,program elements ,in order to support the attainment of a secondary school diploma or its recognized equivalent1 entry into postsecondary education1 and career readiness for participants1 the programs described in paragraph 7#a7 shall provide elements consisting of-- 7,a7 tutoring1 study skills training1 instruction1 and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent 7including a recognized certificate of attendance or similar document for individuals with disabilities7 or for a recognized postsecondary credential2 7,b7 alternative secondary school services1 or dropout recovery services1 as appropriate2 7,c7 paid and unpaid work experiences that have as a component academic and occupational education1 which may include-- 7i7 summer employment opportunities and other employment opportunities available throughout the school year2 7ii7 pre-apprenticeship programs2 7iii7 internships and job shadowing2 and 7iv7 on-the-job training opportunities2 7,d7 occupational skill training1 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 involved1 if the local board determines that the programs meet the quality criteria described in section #abc2 7,e7 education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster2 7,f7 leadership development opportunities1 which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors1 as appropriate2 7,g7 supportive services2 7,h7 adult mentoring for the period of participation and a subsequent period1 for a total of not less than #ab months2 7,i7 followup services for not less than #ab months after the completion of participation1 as appropriate2 7,j7 comprehensive guidance and counseling1 which may include drug and alcohol abuse counseling and referral1 as appropriate2 7,k7 financial literacy education2 7,l7 entrepreneurial skills training2 7,m7 services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area1 such as career awareness1 career counseling1 and career exploration services2 and 7,n7 activities that help youth prepare for and transition to postsecondary education and training4 7#c7 ,additional requirements 7,a7 ,information and referrals ,each local board shall ensure that each participant shall be provided-- 7i7 information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners1 including those providers or partners receiving funds under this subtitle2 and 7ii7 referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis4 7,b7 ,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 assessment1 as necessary1 and referred to appropriate programs in accordance with subparagraph 7,a7 to meet the basic skills and training needs of the applicant4 7,c7 ,involvement in design and implementation ,the local board shall ensure that parents1 participants1 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 7#a74 7#d7 ,priority ,not less than #bj percent of the funds allocated to the local area as described in paragraph 7#a7 shall be used to provide in-school youth and out-of-school youth with activities under paragraph 7#b77;,c74 7#e7 ,rule of construction ,nothing in this chapter shall be construed to require that each of the elements described in subparagraphs of paragraph 7#b7 be offered by each provider of youth services4 7#f7 ,prohibitions 7,a7 ,prohibition against ,federal control of education ,no provision of this ,act shall be construed to authorize any department1 agency1 officer1 or employee of the ,united ,states to exercise any direction1 supervision1 or control over the curriculum1 program of instruction1 administration1 or personnel of any educational institution1 school1 or school system1 or over the selection of library resources1 textbooks1 or other printed or published instructional materials by any educational institution1 school1 or school system4 7,b7 ,noninterference and nonreplacement of regular academic requirements ,no funds described in paragraph 7#a7 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 youth4 7#g7 ,linkages ,in coordinating the programs authorized under this section1 local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate4 7#h7 ,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 mentoring1 tutoring1 and other activities4 #c ,adult and dislocated worker employment and training activities #aca4 ,general authorization ,the ,secretary shall make allotments under paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b7 to each ,state that meets the requirements of section #ajb or #ajc and grants under paragraphs 7#a77;,a7 and 7#b77;,a7 of section #acb7;b7 to each outlying area that complies with the requirements of this title1 to assist the ,state or outlying area1 and to enable the ,state or outlying area to assist local areas1 for the purpose of providing workforce investment activities for adults1 and dislocated workers1 in the ,state or outlying area and in the local areas4 #acb4 ,state allotments 7a7 ,in general ,the ,secretary shall-- 7#a7 make allotments and grants from the amount appropriated under section #acf7;b7 for a fiscal year in accordance with subsection 7b77#a72 and 7#b7 7,a7 reserve #bj percent of the amount appropriated under section #acf7;c7 for the fiscal year for use under subsection 7b77#b77;,a71 and under sections #afh7;b7 7relating to dislocated worker technical assistance71 #afi7;c7 7relating to dislocated worker projects71 and #agj 7relating to national dislocated worker grants72 and 7,b7 make allotments from #hj percent of the amount appropriated under section #acf7;c7 for the fiscal year in accordance with subsection 7b77#b77;,b74 7b7 ,allotment among ,states 7#a7 ,adult employment and training activities 7,a7 ,reservation for outlying areas 7i7 ,in general ,from the amount made available under subsection 7a77#a7 for a fiscal year1 the ,secretary shall reserve not more than #a_/d of #a percent of such amount to provide assistance to the outlying areas4 7ii7 ,applicability of additional requirements ,from the amount reserved under clause 7i71 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 #abg7;b77#a77;,b74 7,b7 ,states 7i7 ,in general ,after determining the amount to be reserved under subparagraph 7,a71 the ,secretary shall allot the remainder of the amount made available under subsection 7a77#a7 for that fiscal year to the ,states pursuant to clause 7ii7 for adult employment and training activities and statewide workforce investment activities4 7ii7 ,formula ,subject to clauses 7iii7 and 7iv71 of the remainder-- 7,i7 #cca_/c percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each ,state1 compared to the total number of unemployed individuals in areas of substantial unemployment in all ,states2 7,,ii7 #cca_/c percent shall be allotted on the basis of the relative excess number of unemployed individuals in each ,state1 compared to the total excess number of unemployed individuals in all ,states2 and 7,,iii7 #cca_/c percent shall be allotted on the basis of the relative number of disadvantaged adults in each ,state1 compared to the total number of disadvantaged adults in all ,states1 except as described in clause 7iii74 7iii7 ,calculation ,in determining an allotment under clause 7ii77,,iii7 for any ,state in which there is an area that was designated as a local area as described in section #ajg7;c77#a77;,c71 the allotment shall be based on the higher of-- 7,i7 the number of adults in families with an income below the low-income level in such area2 or 7,,ii7 the number of disadvantaged adults in such area4 7iv7 ,minimum and maximum percentages and minimum allotments ,in making allotments under this subparagraph1 the ,secretary shall ensure the following3 7,i7 ,minimum percentage and allotment ,subject to subclause 7,,iv71 the ,secretary shall ensure that no ,state shall receive an allotment for a fiscal year that is an amount based on #ij percent of the allotment percentage of the ,state for the preceding fiscal year4 7,,ii7 ,small state minimum allotment ,subject to subclauses 7,i71 7,,iii71 and 7,,iv71 the ,secretary shall ensure that no ,state shall receive an allotment under this subparagraph that is less than the total of-- 7aa7 #c_/aj of #a percent of #ifj1jjj1jjj of the remainder described in clause 7i7 for the fiscal year2 and 7bb7 if the remainder described in clause 7i7 for the fiscal year exceeds #ifj1jjj1jjj1 #b_/e of #a percent of the excess4 7,,iii7 ,maximum percentage ,subject to subclause 7,i71 the ,secretary shall ensure that no ,state shall receive an allotment percentage for a fiscal year that is more than #acj percent of the allotment percentage of the ,state for the preceding fiscal year4 7,,iv7 ,minimum funding ,in any fiscal year in which the remainder described in clause 7i7 does not exceed #ifj1jjj1jjj1 the minimum allotments under subclauses 7,i7 and 7,,ii7 shall be calculated by the methodology specified in section #acb7;b77#a77;,b77iv77,,iv7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act74 7v7 ,definitions ,for the purpose of the formula specified in this subparagraph3 7,i7 ,adult ,the term adult means an individual who is not less than age #bb and not more than age #gb4 7,,ii7 ,allotment percentage ,the term allotment percentage1 used with respect to fiscal year #bjae or a subsequent fiscal year1 means a percentage of the remainder described in clause 7i7 that is received through an allotment made under this subparagraph for the fiscal year4 ,the term1 used with respect to fiscal year #bjad1 means the percentage of the amount allotted to ,states under section #acb7;b77#a77;,b7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act7 that is received under such section by the ,state involved for fiscal year #bjad4 7,,iii7 ,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 #f4e percent for the most recent #ab months1 as determined by the ,secretary4 ,for purposes of this subclause1 determinations of areas of substantial unemployment shall be made once each fiscal year4 7,,iv7 ,disadvantaged adult ,subject to subclause 7,v71 the term disadvantaged adult means an adult who received an income1 or is a member of a family that received a total family income1 that1 in relation to family size1 does not exceed the higher of-- 7aa7 the poverty line2 or 7bb7 #gj percent of the lower living standard income level4 7,v7 ,disadvantaged adult special rule ,the ,secretary shall1 as appropriate and to the extent practicable1 exclude college students and members of the ,armed ,forces from the determination of the number of disadvantaged adults4 7,,vi7 ,excess number ,the term excess number means1 used with respect to the excess number of unemployed individuals within a ,state1 the higher of-- 7aa7 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in the ,state2 or 7bb7 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in areas of substantial unemployment in such ,state4 7,,vii7 ,low-income level ,the term low-income level means #g1jjj with respect to income in #aifi1 and for any later year means that amount that bears the same relationship to #g1jjj as the ,consumer ,price ,index for that year bears to the ,consumer ,price ,index for #aifi1 rounded to the nearest #a1jjj4 7#b7 ,dislocated worker employment and training activities 7,a7 ,reservation for outlying areas 7i7 ,in general ,from the amount made available under subsection 7a77#b77;,a7 for a fiscal year1 the ,secretary shall reserve not more than #a_/d of #a percent of the amount appropriated under section #acf7;c7 for the fiscal year to provide assistance to the outlying areas4 7ii7 ,applicability of additional requirements ,from the amount reserved under clause 7i71 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 #abg7;b77#a77;,b74 7,b7 ,states 7i7 ,in general ,the ,secretary shall allot the amount referred to in subsection 7a77#b77;,b7 for a fiscal year to the ,states pursuant to clause 7ii7 for dislocated worker employment and training activities and statewide workforce investment activities4 7ii7 ,formula ,subject to clause 7iii71 of the amount-- 7,i7 #cca_/c percent shall be allotted on the basis of the relative number of unemployed individuals in each ,state1 compared to the total number of unemployed individuals in all ,states2 7,,ii7 #cca_/c percent shall be allotted on the basis of the relative excess number of unemployed individuals in each ,state1 compared to the total excess number of unemployed individuals in all ,states2 and 7,,iii7 #cca_/c percent shall be allotted on the basis of the relative number of individuals in each ,state who have been unemployed for #ae weeks or more1 compared to the total number of individuals in all ,states who have been unemployed for #ae weeks or more4 7iii7 ,minimum and maximum percentages and minimum allotments ,in making allotments under this subparagraph1 for fiscal year #bjaf and each subsequent fiscal year1 the ,secretary shall ensure the following3 7,i7 ,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 #ij percent of the allotment percentage of the ,state for the preceding fiscal year4 7,,ii7 ,maximum percentage ,subject to subclause 7,i71 the ,secretary shall ensure that no ,state shall receive an allotment percentage for a fiscal year that is more than #acj percent of the allotment percentage of the ,state for the preceding fiscal year4 7iv7 ,definitions ,for the purpose of the formula specified in this subparagraph3 7,i7 ,allotment percentage ,the term allotment percentage1 used with respect to fiscal year #bjae or a subsequent fiscal year1 means a percentage of the amount described in clause 7i7 that is received through an allotment made under this subparagraph for the fiscal year4 7,,ii7 ,excess number ,the term excess number means1 used with respect to the excess number of unemployed individuals within a ,state1 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in the ,state4 7c7 ,reallotment 7#a7 ,in general ,the ,secretary shall1 in accordance with this subsection1 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 #aiih for employment and training activities and statewide workforce investment activities 7referred to individually in this subsection as a ,state allotment7 and that are available for reallotment4 7#b7 ,amount ,the amount available for reallotment for a program year for programs funded under subsection 7b77#a77;,b7 7relating to adult employment and training7 or for programs funded under subsection 7b77#b77;,b7 7relating to dislocated worker employment and training7 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 activities1 respectively1 at the end of the program year prior to the program year for which the determination under this paragraph is made1 exceeds #bj percent of such allotments for the prior program year4 7#c7 ,reallotment ,in making reallotments to eligible ,states of amounts available pursuant to paragraph 7#b7 for a program year1 the ,secretary shall allot to each eligible ,state an amount based on the relative amount of the ,state allotment under paragraph 7#a77;,b7 or 7#b77;,b71 respectively1 of subsection 7b7 for the program year for which the determination is made1 as compared to the total amount of the ,state allotments under paragraph 7#a77;,b7 or 7#b77;,b71 respectively1 of subsection 7b7 for all eligible ,states for such program year4 7#d7 ,eligibility ,for purposes of this subsection1 an eligible ,state means-- 7,a7 with respect to funds allotted through a ,state allotment for adult employment and training activities1 a ,state that does not have an amount of such funds available for reallotment under paragraph 7#b7 for the program year for which the determination under paragraph 7#b7 is made2 and 7,b7 with respect to funds allotted through a ,state allotment for dislocated worker employment and training activities1 a ,state that does not have an amount of such funds available for reallotment under paragraph 7#b7 for the program year for which the determination under paragraph 7#b7 is made4 7#e7 ,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 subsection4 ,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 subsection4 #acc4 ,within ,state allocations 7a7 ,reservations for ,state activities 7#a7 ,statewide workforce investment activities ,the ,governor shall make the reservation required under section #abh7;a74 7#b7 ,statewide rapid response activities ,the ,governor shall reserve not more than #be percent of the total amount allotted to the ,state under section #acb7;b77#b77;,b7 for a fiscal year for statewide rapid response activities described in section #acd7;a77#b77;,a74 7b7 ,within ,state allocation 7#a7 ,methods ,the ,governor1 acting in accordance with the ,state plan1 and after consulting with chief elected officials and local boards in the local areas1 shall allocate-- 7,a7 the funds that are allotted to the ,state for adult employment and training activities and statewide workforce investment activities under section #acb7;b77#a77;,b7 and are not reserved under subsection 7a77#a71 in accordance with paragraph 7#b7 or 7#c72 and 7,b7 the funds that are allotted to the ,state for dislocated worker employment and training activities and statewide workforce investment activities under section #acb7;b77#b77;,b7 and are not reserved under paragraph 7#a7 or 7#b7 of subsection 7a71 in accordance with paragraph 7#b74 7#b7 ,formula allocations 7,a7 ,adult employment and training activities 7i7 ,allocation ,in allocating the funds described in paragraph 7#a77;,a7 to local areas1 a ,state may allocate-- 7,i7 #cca_/c percent of the funds on the basis described in section #acb7;b77#a77;,b77ii77,i72 7,,ii7 #cca_/c percent of the funds on the basis described in section #acb7;b77#a77;,b77ii77,,ii72 and 7,,iii7 #cca_/c percent of the funds on the basis described in clauses 7ii77,,iii7 and 7iii7 of section #acb7;b77#a77;,b74 7ii7 ,minimum percentage ,the local area shall not receive an allocation percentage for a fiscal year that is less than #ij percent of the average allocation percentage of the local area for the #b preceding fiscal years4 ,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 subparagraph4 7iii7 ,definition ,in this subparagraph1 the term allocation percentage1 used with respect to fiscal year #bjae or a subsequent fiscal year1 means a percentage of the funds referred to in clause 7i71 received through an allocation made under this subparagraph1 for the fiscal year4 ,the term1 used with respect to fiscal year #bjac or #bjad1 means a percentage of the amount allocated to local areas under paragraphs 7#b77;,a7 and 7#c7 of section #acc7;b7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act71 received through an allocation made under paragraph 7#b77;,a7 or 7#c7 of that section for fiscal year #bjac or #bjad1 respectively4 7,b7 ,dislocated worker employment and training activities 7i7 ,allocation ,in allocating the funds described in paragraph 7#a77;,b7 to local areas1 a ,state shall allocate the funds based on an allocation formula prescribed by the ,governor of the ,state4 ,such formula may be amended by the ,governor not more than once for each program year4 ,such formula shall utilize the most appropriate information available to the ,governor to distribute amounts to address the ,state's worker readjustment assistance needs4 7ii7 ,information ,the information described in clause 7i7 shall include insured unemployment data1 unemployment concentrations1 plant closing and mass layoff data1 declining industries data1 farmer-rancher economic hardship data1 and long-term unemployment data4 7iii7 ,minimum percentage ,the local area shall not receive an allocation percentage for fiscal year #bjaf or a subsequent fiscal year that is less than #ij percent of the average allocation percentage of the local area for the #b preceding fiscal years4 ,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 subparagraph4 7iv7 ,definition ,in this subparagraph1 the term allocation percentage1 used with respect to fiscal year #bjae or a subsequent fiscal year1 means a percentage of the funds referred to in clause 7i71 received through an allocation made under this subparagraph for the fiscal year4 ,the term1 used with respect to fiscal year #bjad1 means a percentage of the amount allocated to local areas under section #acc7;b77#b77;,b7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act71 received through an allocation made under that section for fiscal year #bjad4 7,c7 ,application ,for purposes of carrying out subparagraph 7,a7-- 7i7 references in section #acb7;b7 to a ,state shall be deemed to be references to a local area2 7ii7 references in section #acb7;b7 to all ,states shall be deemed to be references to all local areas in the ,state involved2 and 7iii7 except as described in clause 7i71 references in section #acb7;b77#a7 to the term excess number shall be considered to be references to the term as defined in section #acb7;b77#a74 7#c7 ,adult employment and training discretionary allocations ,in lieu of making the allocation described in paragraph 7#b77;,a71 in allocating the funds described in paragraph 7#a77;,a7 to local areas1 a ,state may distribute-- 7,a7 a portion equal to not less than #gj percent of the funds in accordance with paragraph 7#b77;,a72 and 7,b7 the remaining portion of the funds on the basis of a formula that-- 7i7 incorporates additional factors 7other than the factors described in paragraph 7#b77;,a77 relating to-- 7,i7 excess poverty in urban1 rural1 and suburban local areas2 and 7,,ii7 excess unemployment above the ,state average in urban1 rural1 and suburban local areas2 and 7ii7 was developed by the ,state board and approved by the ,secretary as part of the ,state plan4 7#d7 ,transfer authority ,a local board may transfer1 if such a transfer is approved by the ,governor1 up to and including #ajj percent of the funds allocated to the local area under paragraph 7#b77;,a7 or 7#c71 and up to and including #ajj percent of the funds allocated to the local area under paragraph 7#b77;,b71 for a fiscal year between-- 7,a7 adult employment and training activities2 and 7,b7 dislocated worker employment and training activities4 7#e7 ,allocation 7,a7 ,in general ,the ,governor shall allocate the funds described in paragraph 7#a7 to local areas under paragraphs 7#b7 and 7#c7 for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections 7c7 and 7d7 of section #acd4 7,b7 ,additional requirements 7i7 ,adults ,funds allocated under paragraph 7#b77;,a7 or 7#c7 shall be used by a local area to contribute to the costs of the one-stop delivery system described in section #aba7;e7 as determined under section #aba7;h7 and to pay for employment and training activities provided to adults in the local area1 consistent with section #acd4 7ii7 ,dislocated workers ,funds allocated under paragraph 7#b77;,b7 shall be used by a local area to contribute to the costs of the one-stop delivery system described in section #aba7;e7 as determined under section #aba7;h7 and to pay for employment and training activities provided to dislocated workers in the local area1 consistent with section #acd4 7c7 ,reallocation among local areas 7#a7 ,in general ,the ,governor may1 in accordance with this subsection and after consultation with the ,state board1 reallocate to eligible local areas within the ,state amounts that are made available to local areas from allocations made under paragraph 7#b77;,a7 or 7#c7 of subsection 7b7 or a corresponding provision of the ,workforce ,investment ,act of #aiih for adult employment and training activities1 or under subsection 7b77#b77;,b7 or a corresponding provision of the ,workforce ,investment ,act of #aiih for dislocated worker employment and training activities 7referred to individually in this subsection as a local allocation7 and that are available for reallocation4 7#b7 ,amount ,the amount available for reallocation for a program year-- 7,a7 for adult employment and training activities is equal to the amount by which the unobligated balance of the local allocation under paragraph 7#b77;,a7 or 7#c7 of subsection 7b7 for such activities1 at the end of the program year prior to the program year for which the determination under this subparagraph is made1 exceeds #bj percent of such allocation for the prior program year2 and 7,b7 for dislocated worker employment and training activities is equal to the amount by which the unobligated balance of the local allocation under subsection 7b77#b77;,b7 for such activities1 at the end of the program year prior to the program year for which the determination under this subparagraph is made1 exceeds #bj percent of such allocation for the prior program year4 7#c7 ,reallocation ,in making reallocations to eligible local areas of amounts available pursuant to paragraph 7#b7 for a program year1 the ,governor shall allocate to each eligible local area within the ,state-- 7,a7 with respect to such available amounts that were allocated under paragraph 7#b77;,a7 or 7#c7 of subsection 7b71 an amount based on the relative amount of the local allocation under paragraph 7#b77;,a7 or 7#c7 of subsection 7b71 as appropriate1 for the program year for which the determination is made1 as compared to the total amount of the local allocations under paragraph 7#b77;,a7 or 7#c7 of subsection 7b71 as appropriate1 for all eligible local areas in the ,state for such program year2 and 7,b7 with respect to such available amounts that were allocated under subsection 7b77#b77;,b71 an amount based on the relative amount of the local allocation under subsection 7b77#b77;,b7 for the program year for which the determination is made1 as compared to the total amount of the local allocations under subsection 7b77#b77;,b7 for all eligible local areas in the ,state for such program year4 7#d7 ,eligibility ,for purposes of this subsection1 an eligible local area means-- 7,a7 with respect to funds allocated through a local allocation for adult employment and training activities1 a local area that does not have an amount of such funds available for reallocation under paragraph 7#b7 for the program year for which the determination under paragraph 7#b7 is made2 and 7,b7 with respect to funds allocated through a local allocation for dislocated worker employment and training activities1 a local area that does not have an amount of such funds available for reallocation under paragraph 7#b7 for the program year for which the determination under paragraph 7#b7 is made4 #acd4 ,use of funds for employment and training activities 7a7 ,statewide employment and training activities 7#a7 ,in general ,funds reserved by a ,governor-- 7,a7 as described in section #acc7;a77#b7 shall be used to carry out the statewide rapid response activities described in paragraph 7#b77;,a72 and 7,b7 as described in sections #abh7;a7 and #acc7;a77#a7-- 7i7 shall be used to carry out the statewide employment and training activities described in paragraph 7#b77;,b72 and 7ii7 may be used to carry out any of the statewide employment and training activities described in paragraph 7#c71 regardless of whether the funds were allotted to the ,state under section #abg7;b77#a7 or under paragraph 7#a7 or 7#b7 of section #acb7;b74 7#b7 ,required statewide employment and training activities 7,a7 ,statewide rapid response activities 7i7 ,in general ,a ,state shall carry out statewide rapid response activities using funds reserved by the ,governor for the ,state under section #acc7;a77#b71 which activities shall include-- 7,i7 provision of rapid response activities1 carried out in local areas by the ,state or by an entity designated by the ,state1 working in conjunction with the local boards and the chief elected officials for the local areas2 and 7,,ii7 provision of additional assistance to local areas that experience disasters1 mass layoffs1 or plant closings1 or other events that precipitate substantial increases in the number of unemployed individuals1 carried out in local areas by the ,state1 working in conjunction with the local boards and the chief elected officials for the local areas4 7ii7 ,use of unobligated funds ,funds reserved by a ,governor under section #acc7;a77#b71 and section #acc7;a77#b7 of the ,workforce ,investment ,act of #aiih 7as in effect on the day before the date of enactment of this ,act71 to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the ,governor to carry out statewide activities authorized under subparagraph 7,b7 or paragraph 7#c77;,a71 in addition to activities under this subparagraph4 7,b7 ,statewide employment and training activities ,funds reserved by a ,governor under sections #abh7;a77#a7 and #acc7;a77#a7 and not used under paragraph 7#a77;,a7 7regardless of whether the funds were allotted to the ,states under section #abg7;b77#a77;,c7 or paragraph 7#a77;,b7 or 7#b77;,b7 of section #acb7;b77 shall be used for statewide employment and training activities1 including-- 7i7 providing assistance to-- 7,i7 ,state entities and agencies1 local areas1 and one-stop partners in carrying out the activities described in the ,state plan1 including the coordination and alignment of data systems used to carry out the requirements of this ,act2 7,,ii7 local areas for carrying out the regional planning and service delivery efforts required under section #ajf7;c72 7,,iii7 local areas by providing information on and support for the effective development1 convening1 and implementation of industry or sector partnerships2 and 7,,iv7 local areas1 one-stop operators1 one-stop partners1 and eligible providers1 including the development and training of staff1 which may include the development and training of staff to provide opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations1 the development of exemplary program activities1 and the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section #aaf7;c72 7ii7 providing assistance to local areas as described in section #ajf7;b77#f72 7iii7 operating a fiscal and management accountability information system in accordance with section #aaf7;i72 7iv7 carrying out monitoring and oversight of activities carried out under this chapter and chapter #b2 7v7 disseminating-- 7,i7 the ,state list of eligible providers of training services1 including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in section #abb7;a77#b77;,b72 7,,ii7 information identifying eligible providers of on-the-job training1 customized training1 incumbent worker training1 internships1 paid or unpaid work experience opportunities1 or transitional jobs2 7,,iii7 information on effective outreach to1 partnerships with1 and services for1 business2 7,,iv7 information on effective service delivery strategies to serve workers and job seekers2 7,v7 performance information and information on the cost of attendance 7including tuition and fees7 for participants in applicable programs1 as described in subsections 7d7 and 7h7 of section #abb2 and 7,,vi7 information on physical and programmatic accessibility1 in accordance with section #ahh1 if applicable1 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 for individuals with disabilities2 and 7vi7 conducting evaluations under section #aaf7;e7 of activities authorized under this chapter and chapter #b in coordination with evaluations carried out by the ,secretary under section #afi7;a74 7#c7 ,allowable statewide employment and training activities 7,a7 ,in general ,funds reserved by a ,governor under sections #abh7;a77#a7 and #acc7;a77#a7 and not used under paragraph 7#a77;,a7 or 7#b77;,b7 7regardless of whether the funds were allotted to the ,state under section #abg7;b77#a77;,c7 or paragraph 7#a77;,b7 or 7#b77;,b7 of section #acb7;b77 may be used to carry out additional statewide employment and training activities1 which may include-- 7i7 implementing innovative programs and strategies designed to meet the needs of all employers 7including small employers7 in the ,state1 which programs and strategies may include incumbent worker training programs1 customized training1 sectoral and industry cluster strategies and implementation of industry or sector partnerships1 career pathway programs1 microenterprise and entrepreneurial training and support programs1 utilization of effective business intermediaries1 layoff aversion strategies1 activities to improve linkages between the one-stop delivery system in the ,state and all employers 7including small employers7 in the ,state1 and other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to the needs of ,state and local businesses1 consistent with the objectives of this title2 7ii7 developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners2 7iii7 the development or identification of education and training programs that respond to real-time labor market analysis1 that utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge1 skills1 competencies1 and experiences1 that evaluate such skills and competencies for adaptability1 that ensure credits are portable and stackable for more skilled employment1 and that accelerate course or credential completion2 7iv7 implementing programs to increase the number of individuals training for and placed in nontraditional employment2 7v7 carrying out activities to facilitate remote access to services1 including training services described in subsection 7c77#c71 provided through a one-stop delivery system1 including facilitating access through the use of technology2 7vi7 supporting the provision of career services described in subsection 7c77#b7 in the one-stop delivery systems in the ,state2 7vii7 coordinating activities with the child welfare system to facilitate provision of services for children and youth who are eligible for assistance under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg72 7viii7 activities-- 7,i7 to improve coordination of workforce investment activities with economic development activities2 7,,ii7 to improve coordination of employment and training activities with-- 7aa7 child support services1 and assistance provided by ,state and local agencies carrying out part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq472 7bb7 cooperative extension programs carried out by the ,department of ,agriculture2 7cc7 programs carried out in local areas for individuals with disabilities1 including programs carried out by ,state agencies relating to intellectual disabilities and developmental disabilities1 activities carried out by ,statewide ,independent ,living ,councils established under section #gje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;d71 programs funded under part ,b of chapter #a of title ,,vii of such ,act 7#bi ,u4,s4,c4 #gif;e et seq471 and activities carried out by centers for independent living1 as defined in section #gjb of such ,act 7#bi ,u4,s4,c4 #gif;a72 7dd7 adult education and literacy activities1 including those provided by public libraries2 7ee7 activities in the corrections system that assist ex-offenders in reentering the workforce2 and 7ff7 financial literacy activities including those described in section #abi7;b77#b77;,d72 and 7,,iii7 consisting of development and dissemination of workforce and labor market information2 7ix7 conducting research and demonstration projects related to meeting the employment and education needs of adult and dislocated workers2 7x7 implementing promising services for workers and businesses1 which may include providing support for education1 training1 skill upgrading1 and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising2 7xi7 providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in section #aaf7;c72 7xii7 adopting1 calculating1 or commissioning for approval an economic self-sufficiency standard for the ,state that specifies the income needs of families1 by family size1 the number and ages of children in the family1 and substate geographical considerations2 7xiii7 developing and disseminating common intake procedures and related items1 including registration processes1 materials1 or software2 and 7xiv7 providing technical assistance to local areas that are implementing pay-for-performance contract strategies1 which technical assistance may include providing assistance with data collection1 meeting data entry requirements1 identifying levels of performance1 and conducting evaluations of such strategies4 7,b7 ,limitation 7i7 ,in general ,of the funds allotted to a ,state under sections #abg7;b7 and #acb7;b7 and reserved as described in sections #abh7;a7 and #acc7;a77#a7 for a fiscal year-- 7,i7 not more than #e percent of the amount allotted under section #abg7;b77#a72 7,,ii7 not more than #e percent of the amount allotted under section #acb7;b77#a72 and 7,,iii7 not more than #e percent of the amount allotted under section #acb7;b77#b71 may be used by the ,state for the administration of statewide youth workforce investment activities carried out under section #abi and statewide employment and training activities carried out under this section4 7ii7 ,use of funds ,funds made available for administrative costs under clause 7i7 may be used for the administrative cost of any of the statewide youth workforce investment activities or statewide employment and training activities1 regardless of whether the funds were allotted to the ,state under section #abg7;b77#a7 or paragraph 7#a7 or 7#b7 of section #acb7;b74 7b7 ,local employment and training activities ,funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to a local area for dislocated workers under section #acc7;b77#b77;,b7-- 7#a7 shall be used to carry out employment and training activities described in subsection 7c7 for adults or dislocated workers1 respectively2 and 7#b7 may be used to carry out employment and training activities described in subsection 7d7 for adults or dislocated workers1 respectively4 7c7 ,required local employment and training activities 7#a7 ,in general 7,a7 ,allocated funds ,funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to the local area for dislocated workers under section #acc7;b77#b77;,b71 shall be used-- 7i7 to establish a one-stop delivery system described in section #aba7;e72 7ii7 to provide the career services described in paragraph 7#b7 to adults and dislocated workers1 respectively1 through the one-stop delivery system in accordance with such paragraph2 7iii7 to provide training services described in paragraph 7#c7 to adults and dislocated workers1 respectively1 described in such paragraph2 7iv7 to establish and develop relationships and networks with large and small employers and their intermediaries2 and 7v7 to develop1 convene1 or implement industry or sector partnerships4 7,b7 ,other funds ,consistent with subsections 7h7 and 7i7 of section #aba1 a portion of the funds made available under ,federal law authorizing the programs and activities described in section #aba7;b77#a77;,b71 including the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 shall be used as described in clauses 7i7 and 7ii7 of subparagraph 7,a71 to the extent not inconsistent with the ,federal law involved4 7#b7 ,career services 7,a7 ,services provided ,funds described in paragraph 7#a7 shall be used to provide career services1 which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall1 at a minimum1 include-- 7i7 determinations of whether the individuals are eligible to receive assistance under this subtitle2 7ii7 outreach1 intake 7which may include worker profiling71 and orientation to the information and other services available through the one-stop delivery system2 7iii7 initial assessment of skill levels 7including literacy1 numeracy1 and ,english language proficiency71 aptitudes1 abilities 7including skills gaps71 and supportive service needs2 7iv7 labor exchange services1 including-- 7,i7 job search and placement assistance and1 in appropriate cases1 career counseling1 including-- 7aa7 provision of information on in-demand industry sectors and occupations2 and 7bb7 provision of information on nontraditional employment2 and 7,,ii7 appropriate recruitment and other business services on behalf of employers1 including small employers1 in the local area1 which services may include services described in this subsection1 such as providing information and referral to specialized business services not traditionally offered through the one-stop delivery system2 7v7 provision of referrals to and coordination of activities with other programs and services1 including programs and services within the one-stop delivery system and1 in appropriate cases1 other workforce development programs2 7vi7 provision of workforce and labor market employment statistics information1 including the provision of accurate information relating to local1 regional1 and national labor market areas1 including-- 7,i7 job vacancy listings in such labor market areas2 7,,ii7 information on job skills necessary to obtain the jobs described in subclause 7,i72 and 7,,iii7 information relating to local occupations in demand and the earnings1 skill requirements1 and opportunities for advancement for such occupations2 and 7vii7 provision of performance information and program cost information on eligible providers of training services as described in section #abb1 provided by program1 and eligible providers of youth workforce investment activities described in section #abc1 providers of adult education described in title ,,ii1 providers of career and technical education activities at the postsecondary level1 and career and technical education activities available to school dropouts1 under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 and providers of vocational rehabilitation services described in title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq472 7viii7 provision of information1 in formats that are usable by and understandable to one-stop center customers1 regarding how the local area is performing on the local performance accountability measures described in section #aaf7;c7 and any additional performance information with respect to the one-stop delivery system in the local area2 7ix7 7,i7 provision of information1 in formats that are usable by and understandable to one-stop center customers1 relating to the availability of supportive services or assistance1 including child care1 child support1 medical or child health assistance under title ,,xix or ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq4 and #acig;aa et seq471 benefits under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 assistance through the earned income tax credit under section #cb of the ,internal ,revenue ,code of #aihf1 and assistance under a ,state program for temporary assistance for needy families funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 and other supportive services and transportation provided through funds made available under such part1 available in the local area2 and 7,,ii7 referral to the services or assistance described in subclause 7,i71 as appropriate2 7x7 provision of information and assistance regarding filing claims for unemployment compensation2 7xi7 assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this ,act2 7xii7 services1 if determined to be appropriate in order for an individual to obtain or retain employment1 that consist of-- 7,i7 comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers1 which may include-- 7aa7 diagnostic testing and use of other assessment tools2 and 7bb7 in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals2 7,,ii7 development of an individual employment plan1 to identify the employment goals1 appropriate achievement objectives1 and appropriate combination of services for the participant to achieve the employment goals1 including providing information on eligible providers of training services pursuant to paragraph 7#c77;,f77ii71 and career pathways to attain career objectives2 7,,iii7 group counseling2 7,,iv7 individual counseling2 7,v7 career planning2 7,,vi7 short-term prevocational services1 including development of learning skills1 communication skills1 interviewing skills1 punctuality1 personal maintenance skills1 and professional conduct1 to prepare individuals for unsubsidized employment or training2 7,,vii7 internships and work experiences that are linked to careers2 7,,viii7 workforce preparation activities2 7,,ix7 financial literacy services1 such as the activities described in section #abi7;b77#b77;,d72 7,x7 out-of-area job search assistance and relocation assistance2 or 7,,xi7 ,english language acquisition and integrated education and training programs2 and 7xiii7 followup services1 including counseling regarding the workplace1 for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment1 for not less than #ab months after the first day of the employment1 as appropriate4 7,b7 ,use of previous assessments ,a one-stop operator or one-stop partner shall not be required to conduct a new interview1 evaluation1 or assessment of a participant under subparagraph 7,a77xii7 if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview1 evaluation1 or assessment of the participant conducted pursuant to another education or training program4 7,c7 ,delivery of services ,the career services described in subparagraph 7,a7 shall be provided through the one-stop delivery system-- 7i7 directly through one-stop operators identified pursuant to section #aba7;d72 or 7ii7 through contracts with service providers1 which may include contracts with public1 private for-profit1 and private nonprofit service providers1 approved by the local board4 7#c7 ,training services 7,a7 ,in general 7i7 ,eligibility ,except as provided in clause 7ii71 funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to the local area for dislocated workers under section #acc7;b77#b77;,b71 shall be used to provide training services to adults and dislocated workers1 respectively-- 7,i7 who1 after an interview1 evaluation1 or assessment1 and career planning1 have been determined by a one-stop operator or one-stop partner1 as appropriate1 to-- 7aa7 be unlikely or unable to obtain or retain employment1 that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment1 through the career services described in paragraph 7#b77;,a77xii72 7bb7 be in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment2 and 7cc7 have the skills and qualifications to successfully participate in the selected program of training services2 7,,ii7 who select programs of training services that are directly linked to the employment opportunities in the local area or the planning region1 or in another area to which the adults or dislocated workers are willing to commute or relocate2 7,,iii7 who meet the requirements of subparagraph 7,b72 and 7,,iv7 who are determined to be eligible in accordance with the priority system in effect under subparagraph 7,e74 7ii7 ,use of previous assessments ,a one-stop operator or one-stop partner shall not be required to conduct a new interview1 evaluation1 or assessment of a participant under clause 7i7 if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview1 evaluation1 or assessment of the participant conducted pursuant to another education or training program4 7iii7 ,rule of construction ,nothing in this subparagraph shall be construed to mean an individual is required to receive career services prior to receiving training services4 7,b7 ,qualification 7i7 ,requirement ,notwithstanding section #dgi;,b of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu7 and except as provided in clause 7ii71 provision of such training services shall be limited to individuals who-- 7,i7 are unable to obtain other grant assistance for such services1 including ,federal ,pell ,grants established under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq472 or 7,,ii7 require assistance beyond the assistance made available under other grant assistance programs1 including ,federal ,pell ,grants4 7ii7 ,reimbursements ,training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a ,federal ,pell ,grant is pending1 except that if such individual is subsequently awarded a ,federal ,pell ,grant1 appropriate reimbursement shall be made to the local area from such ,federal ,pell ,grant4 7iii7 ,consideration ,in determining whether an individual requires assistance under clause 7i77,,ii71 a one-stop operator 7or one-stop partner1 where appropriate7 may take into consideration the full cost of participating in training services1 including the costs of dependent care and transportation1 and other appropriate costs4 7,c7 ,provider qualification ,training services shall be provided through providers identified in accordance with section #abb4 7,d7 ,training services ,training services may include-- 7i7 occupational skills training1 including training for nontraditional employment2 7ii7 on-the-job training2 7iii7 incumbent worker training in accordance with subsection 7d77#d72 7iv7 programs that combine workplace training with related instruction1 which may include cooperative education programs2 7v7 training programs operated by the private sector2 7vi7 skill upgrading and retraining2 7vii7 entrepreneurial training2 7viii7 transitional jobs in accordance with subsection 7d77#e72 7ix7 job readiness training provided in combination with services described in any of clauses 7i7 through 7viii72 7x7 adult education and literacy activities1 including activities of ,english language acquisition and integrated education and training programs1 provided concurrently or in combination with services described in any of clauses 7i7 through 7vii72 and 7xi7 customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training4 7,e7 ,priority ,with respect to funds allocated to a local area for adult employment and training activities under paragraph 7#b77;,a7 or 7#c7 of section #acc7;b71 priority shall be given to recipients of public assistance1 other low-income individuals1 and individuals who are basic skills deficient for receipt of career services described in paragraph 7#b77;,a77xii7 and training services4 ,the appropriate local board and the ,governor shall direct the one-stop operators in the local area with regard to making determinations related to such priority4 7,f7 ,consumer choice requirements 7i7 ,in general ,training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services4 7ii7 ,eligible providers ,each local board1 through one-stop centers1 shall make available the list of eligible providers of training services described in section #abb7;d71 and accompanying information1 in accordance with section #abb7;d74 7iii7 ,individual training accounts ,an individual who seeks training services and who is eligible pursuant to subparagraph 7,a71 may1 in consultation with a career planner1 select an eligible provider of training services from the list of providers described in clause 7ii74 ,upon such selection1 the one-stop operator involved shall1 to the extent practicable1 refer such individual to the eligible provider of training services1 and arrange for payment for such services through an individual training account4 7iv7 ,coordination ,each local board may1 through one-stop centers1 coordinate funding for individual training accounts with funding from other ,federal1 ,state1 local1 or private job training programs or sources to assist the individual in obtaining training services4 7v7 ,additional information ,priority consideration shall1 consistent with clause 7i71 be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved4 7,g7 ,use of individual training accounts 7i7 ,in general ,except as provided in clause 7ii71 training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph1 and shall be provided to eligible individuals through the one-stop delivery system4 7ii7 ,training contracts ,training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if-- 7,i7 the requirements of subparagraph 7,f7 are met2 7,,ii7 such services are on-the-job training1 customized training1 incumbent worker training1 or transitional employment2 7,,iii7 the local board determines there are an insufficient number of eligible providers of training services in the local area involved 7such as in a rural area7 to accomplish the purposes of a system of individual training accounts2 7,,iv7 the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment2 7,v7 the local board determines that-- 7aa7 it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations2 and 7bb7 such contract does not limit customer choice2 or 7,,vi7 the contract is a pay-for-performance contract4 7iii7 ,linkage to occupations in demand ,training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or the planning region1 or in another area to which an adult or dislocated worker receiving such services is willing to relocate1 except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area4 7iv7 ,rule of construction ,nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services1 including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause 7ii74 7,h7 ,reimbursement for on-the-job training 7i7 ,reimbursement level ,for purposes of the provision of on-the-job training under this paragraph1 the ,governor or local board involved may increase the amount of the reimbursement described in section #c7dd7 to an amount of up to #ge percent of the wage rate of a participant for a program carried out under chapter #b or this chapter1 if1 respectively-- 7,i7 the ,governor approves the increase with respect to a program carried out with funds reserved by the ,state under that chapter1 taking into account the factors described in clause 7ii72 or 7,,ii7 the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter1 taking into account those factors4 7ii7 ,factors ,for purposes of clause 7i71 the ,governor or local board1 respectively1 shall take into account factors consisting of-- 7,i7 the characteristics of the participants2 7,,ii7 the size of the employer2 7,,iii7 the quality of employer-provided training and advancement opportunities2 and 7,,iv7 such other factors as the ,governor or local board1 respectively1 may determine to be appropriate1 which may include the number of employees participating in the training1 wage and benefit levels of those employees 7at present and anticipated upon completion of the training71 and relation of the training to the competitiveness of a participant4 7d7 ,permissible local employment and training activities 7#a7 ,in general 7,a7 ,activities ,funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to the local area for dislocated workers under section #acc7;b77#b77;,b71 may be used to provide1 through the one-stop delivery system involved 7and through collaboration with the local board1 for the purpose of the activities described in clauses 7vii7 and 7ix77-- 7i7 customized screening and referral of qualified participants in training services described in subsection 7c77#c7 to employers2 7ii7 customized employment-related services to employers1 employer associations1 or other such organizations on a fee-for-service basis2 7iii7 implementation of a pay-for-performance contract strategy for training services1 for which the local board may reserve and use not more than #aj percent of the total funds allocated to the local area under paragraph 7#b7 or 7#c7 of section #acc7;b72 7iv7 customer support to enable individuals with barriers to employment 7including individuals with disabilities7 and veterans1 to navigate among multiple services and activities for such populations2 7v7 technical assistance for one-stop operators1 one-stop partners1 and eligible providers of training services1 regarding the provision of services to individuals with disabilities in local areas1 including the development and training of staff1 the provision of outreach1 intake1 assessments1 and service delivery1 the coordination of services across providers and programs1 and the development of performance accountability measures2 7vi7 employment and training activities provided in coordination with-- 7,i7 child support enforcement activities of the ,state and local agencies carrying out part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq472 7,,ii7 child support services1 and assistance1 provided by ,state and local agencies carrying out part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq472 7,,iii7 cooperative extension programs carried out by the ,department of ,agriculture2 and 7,,iv7 activities to facilitate remote access to services provided through a one-stop delivery system1 including facilitating access through the use of technology2 7vii7 activities-- 7,i7 to improve coordination between workforce investment activities and economic development activities carried out within the local area involved1 and to promote entrepreneurial skills training and microenterprise services2 7,,ii7 to improve services and linkages between the local workforce investment system 7including the local one-stop delivery system7 and employers1 including small employers1 in the local area1 through services described in this section2 and 7,,iii7 to strengthen linkages between the one-stop delivery system and unemployment insurance programs2 7viii7 training programs for displaced homemakers and for individuals training for nontraditional occupations1 in conjunction with programs operated in the local area2 7ix7 activities to provide business services and strategies that meet the workforce investment needs of area employers1 as determined by the local board1 consistent with the local plan under section #ajh1 which services-- 7,i7 may be provided through effective business intermediaries working in conjunction with the local board1 and may also be provided on a fee-for-service basis or through the leveraging of economic development1 philanthropic1 and other public and private resources in a manner determined appropriate by the local board2 and 7,,ii7 may include-- 7aa7 developing and implementing industry sector strategies 7including strategies involving industry partnerships1 regional skills alliances1 industry skill panels1 and sectoral skills partnerships72 7bb7 developing and delivering innovative workforce investment services and strategies for area employers1 which may include career pathways1 skills upgrading1 skill standard development and certification for recognized postsecondary credential or other employer use1 apprenticeship1 and other effective initiatives for meeting the workforce investment needs of area employers and workers2 7cc7 assistance to area employers in managing reductions in force in coordination with rapid response activities provided under subsection 7a77#b77;,a7 and with strategies for the aversion of layoffs1 which strategies may include early identification of firms at risk of layoffs1 use of feasibility studies to assess the needs of and options for at-risk firms1 and the delivery of employment and training activities to address risk factors2 and 7dd7 the marketing of business services offered under this title1 to appropriate area employers1 including small and mid-sized employers2 7x7 activities to adjust the economic self-sufficiency standards referred to in subsection 7a77#c77;,a77xii7 for local factors1 or activities to adopt1 calculate1 or commission for approval1 economic self-sufficiency standards for the local areas that specify the income needs of families1 by family size1 the number and ages of children in the family1 and substate geographical considerations2 7xi7 improved coordination between employment and training activities and programs carried out in the local area for individuals with disabilities1 including programs carried out by ,state agencies relating to intellectual disabilities and developmental disabilities1 activities carried out by ,statewide ,independent ,living ,councils established under section #gje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;d71 programs funded under part ,b of chapter #a of title ,,vii of such ,act 7#bi ,u4,s4,c4 #gif;e et seq471 and activities carried out by centers for independent living1 as defined in section #gjb of such ,act 7#bi ,u4,s4,c4 #gif;a72 and 7xii7 implementation of promising services to workers and businesses1 which may include support for education1 training1 skill upgrading1 and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising4 7,b7 ,work support activities for low-wage workers 7i7 ,in general ,funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to the local area for dislocated workers under section #acc7;b77#b77;,b71 may be used to provide1 through the one-stop delivery system involved1 work support activities designed to assist low-wage workers in retaining and enhancing employment4 ,the one-stop partners of the system shall coordinate the appropriate programs and resources of the partners with the activities and resources provided under this subparagraph4 7ii7 ,activities ,the work support activities described in clause 7i7 may include the provision of activities described in this section through the one-stop delivery system in a manner that enhances the opportunities of such workers to participate in the activities1 such as the provision of activities described in this section during nontraditional hours and the provision of onsite child care while such activities are being provided4 7#b7 ,supportive services ,funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to the local area for dislocated workers under section #acc7;b77#b77;,b71 may be used to provide supportive services to adults and dislocated workers1 respectively-- 7,a7 who are participating in programs with activities authorized in paragraph 7#b7 or 7#c7 of subsection 7c72 and 7,b7 who are unable to obtain such supportive services through other programs providing such services4 7#c7 ,needs-related payments 7,a7 ,in general ,funds allocated to a local area for adults under paragraph 7#b77;,a7 or 7#c71 as appropriate1 of section #acc7;b71 and funds allocated to the local area for dislocated workers under section #acc7;b77#b77;,b71 may be used to provide needs-related payments to adults and dislocated workers1 respectively1 who are unemployed and do not qualify for 7or have ceased to qualify for7 unemployment compensation for the purpose of enabling such individuals to participate in programs of training services under subsection 7c77#c74 7,b7 ,additional eligibility requirements ,in addition to the requirements contained in subparagraph 7,a71 a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related payments under this paragraph only if such worker was enrolled in the training services-- 7i7 by the end of the #acth week after the most recent layoff that resulted in a determination of the worker's eligibility for employment and training activities for dislocated workers under this subtitle2 or 7ii7 if later1 by the end of the #hth week after the worker is informed that a short-term layoff will exceed #f months4 7,c7 ,level of payments ,the level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of-- 7i7 the applicable level of unemployment compensation2 or 7ii7 if such worker did not qualify for unemployment compensation1 an amount equal to the poverty line1 for an equivalent period1 which amount shall be adjusted to reflect changes in total family income4 7#d7 ,incumbent worker training programs 7,a7 ,in general 7i7 ,standard reservation of funds ,the local board may reserve and use not more than #bj percent of the funds allocated to the local area involved under section #acc7;b7 to pay for the ,federal share of the cost of providing training through a training program for incumbent workers1 carried out in accordance with this paragraph4 7ii7 ,determination of eligibility ,for the purpose of determining the eligibility of an employer to receive funding under clause 7i71 the local board shall take into account factors consisting of-- 7,i7 the characteristics of the participants in the program2 7,,ii7 the relationship of the training to the competitiveness of a participant and the employer2 and 7,,iii7 such other factors as the local board may determine to be appropriate1 which may include the number of employees participating in the training1 the wage and benefit levels of those employees 7at present and anticipated upon completion of the training71 and the existence of other training and advancement opportunities provided by the employer4 7iii7 ,statewide impact ,the ,governor or ,state board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact4 7,b7 ,training activities ,the training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers 7which may include employers in partnership with other entities for the purposes of delivering training7 for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs4 7,c7 ,employer payment of non-federal share ,employers participating in the program carried out under this paragraph shall be required to pay for the non-,federal share of the cost of providing the training to incumbent workers of the employers4 7,d7 ,non-federal share 7i7 ,factors ,subject to clause 7ii71 the local board shall establish the non-,federal share of such cost 7taking into consideration such other factors as the number of employees participating in the training1 the wage and benefit levels of the employees 7at the beginning and anticipated upon completion of the training71 the relationship of the training to the competitiveness of the employer and employees1 and the availability of other employer-provided training and advancement opportunities4 7ii7 ,limits ,the non-,federal share shall not be less than-- 7,i7 #aj percent of the cost1 for employers with not more than #ej employees2 7,,ii7 #be percent of the cost1 for employers with more than #ej employees but not more than #ajj employees2 and 7,,iii7 #ej percent of the cost1 for employers with more than #ajj employees4 7iii7 ,calculation of employer share ,the non-,federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph4 ,the employer may provide the share in cash or in kind1 fairly evaluated4 7#e7 ,transitional jobs ,the local board may use not more than #aj percent of the funds allocated to the local area involved under section #acc7;b7 to provide transitional jobs under subsection 7c77#c7 that-- 7,a7 are time-limited work experiences that are subsidized and are in the public1 private1 or nonprofit sectors for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history2 7,b7 are combined with comprehensive employment and supportive services2 and 7,c7 are designed to assist the individuals described in subparagraph 7,a7 to establish a work history1 demonstrate success in the workplace1 and develop the skills that lead to entry into and retention in unsubsidized employment4 #d ,general workforce investment provisions #acf4 ,authorization of appropriations 7a7 ,youth workforce investment activities ,there are authorized to be appropriated to carry out the activities described in section #abg7;a71 #hbj1dcj1jjj for fiscal year #bjae1 #hhc1hjj1jjj for fiscal year #bjaf1 #ijb1aci1jjj for fiscal year #bjag1 #ibb1adh1jjj for fiscal year #bjah1 #idc1hbh1jjj for fiscal year #bjai1 and #ifc1hcg1jjj for fiscal year #bjbj4 7b7 ,adult employment and training activities ,there are authorized to be appropriated to carry out the activities described in section #acb7;a77#a71 #gff1jhj1jjj for fiscal year #bjae1 #hbe1beb1jjj for fiscal year #bjaf1 #hdb1cgf1jjj for fiscal year #bjag1 #hfa1jfj1jjj for fiscal year #bjah1 #hha1cjc1jjj for fiscal year #bjai1 and #hii1ihg1jjj for fiscal year #bjbj4 7c7 ,dislocated worker employment and training activities ,there are authorized to be appropriated to carry out the activities described in section #acb7;a77#b71 #a1bbb1deg1jjj for fiscal year #bjae1 #a1caf1hhj1jjj for fiscal year #bjaf1 #a1cdd1bje1jjj for fiscal year #bjag1 #a1cgd1jai1jjj for fiscal year #bjah1 #a1djf1cbb1jjj for fiscal year #bjai1 and #a1dcf1acg1jjj for fiscal year #bjbj4 ,c ,job ,corps #ada4 ,purposes ,the purposes of this subtitle are-- 7#a7 to maintain a national ,job ,corps program1 carried out in partnership with ,states and communities1 to-- 7,a7 assist eligible youth to connect to the labor force by providing them with intensive social1 academic1 career and technical education1 and service-learning opportunities1 in primarily residential centers1 in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to-- 7i7 successful careers1 in in-demand industry sectors or occupations or the ,armed ,forces1 that will result in economic self-sufficiency and opportunities for advancement2 or 7ii7 enrollment in postsecondary education1 including an apprenticeship program2 and 7,b7 support responsible citizenship2 7#b7 to set forth standards and procedures for selecting individuals as enrollees in the ,job ,corps2 7#c7 to authorize the establishment of ,job ,corps centers in which enrollees will participate in intensive programs of activities described in this subtitle2 and 7#d7 to prescribe various other powers1 duties1 and responsibilities incident to the operation and continuing development of the ,job ,corps4 #adb4 ,definitions ,in this subtitle3 7#a7 ,applicable local board ,the term applicable local board means a local board-- 7,a7 that provides information for a ,job ,corps center on local employment opportunities and the job skills needed to obtain the opportunities2 and 7,b7 that serves communities in which the graduates of the ,job ,corps center seek employment4 7#b7 ,applicable one-stop center ,the term applicable one-stop center means a one-stop center that provides services1 such as referral1 assessment1 recruitment1 and placement1 to support the purposes of the ,job ,corps4 7#c7 ,enrollee ,the term enrollee means an individual who has voluntarily applied for1 been selected for1 and enrolled in the ,job ,corps program1 and remains with the program1 but has not yet become a graduate4 7#d7 ,former enrollee ,the term former enrollee means an individual who has voluntarily applied for1 been selected for1 and enrolled in the ,job ,corps program1 but left the program prior to becoming a graduate4 7#e7 ,graduate ,the term graduate means an individual who has voluntarily applied for1 been selected for1 and enrolled in the ,job ,corps program and who1 as a result of participation in the ,job ,corps program1 has received a secondary school diploma or recognized equivalent1 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 training4 7#f7 ,job corps ,the term ,job ,corps means the ,job ,corps described in section #adc4 7#g7 ,job corps center ,the term ,job ,corps center means a center described in section #adg4 7#h7 ,operator ,the term operator means an entity selected under this subtitle to operate a ,job ,corps center4 7#i7 ,region ,the term region means an area defined by the ,secretary4 7#aj7 ,service provider ,the term service provider means an entity selected under this subtitle to provide services described in this subtitle to a ,job ,corps center4 #adc4 ,establishment ,there shall be within the ,department of ,labor a ,job ,corps4 #add4 ,individuals eligible for the ,job ,corps 7a7 ,in general ,to be eligible to become an enrollee1 an individual shall be-- 7#a7 not less than age #af and not more than age #ba on the date of enrollment1 except that-- 7,a7 not more than #bj percent of the individuals enrolled in the ,job ,corps may be not less than age #bb and not more than age #bd on the date of enrollment2 and 7,b7 either such maximum age limitation may be waived by the ,secretary1 in accordance with regulations of the ,secretary1 in the case of an individual with a disability2 7#b7 a low-income individual2 and 7#c7 an individual who is one or more of the following3 7,a7 ,basic skills deficient4 7,b7 ,a school dropout4 7,c7 ,a homeless individual 7as defined in section #dadjc7f7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#b7f7771 a homeless child or youth 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7771 a runaway1 an individual in foster care1 or an individual who was in foster care and has aged out of the foster care system4 7,d7 ,a parent4 7,e7 ,an individual who requires additional education1 career and technical education or training1 or workforce preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency4 7b7 ,special rule for veterans ,notwithstanding the requirement of subsection 7a77#b71 a veteran shall be eligible to become an enrollee under subsection 7a7 if the individual-- 7#a7 meets the requirements of paragraphs 7#a7 and 7#c7 of such subsection2 and 7#b7 does not meet the requirement of subsection 7a77#b7 because the military income earned by such individual within the #f-month period prior to the individual's application for ,job ,corps prevents the individual from meeting such requirement4 #ade4 ,recruitment1 screening1 selection1 and assignment of enrollees 7a7 ,standards and procedures 7#a7 ,in general ,the ,secretary shall prescribe specific standards and procedures for the recruitment1 screening1 and selection of eligible applicants for the ,job ,corps1 after considering recommendations from ,governors of ,states1 local boards1 and other interested parties4 7#b7 ,methods ,in prescribing standards and procedures under paragraph 7#a71 the ,secretary1 at a minimum1 shall-- 7,a7 prescribe procedures for informing enrollees that drug tests will be administered to the enrollees and the results received within #de days after the enrollees enroll in the ,job ,corps2 7,b7 establish standards for recruitment of ,job ,corps applicants2 7,c7 establish standards and procedures for-- 7i7 determining1 for each applicant1 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 resides2 and 7ii7 obtaining from each applicant pertinent data relating to background1 needs1 and interests for determining eligibility and potential assignment2 7,d7 where appropriate1 take measures to improve the professional capability of the individuals conducting screening of the applicants2 and 7,e7 assure appropriate representation of enrollees from urban areas and from rural areas4 7#c7 ,implementation ,the standards and procedures shall be implemented through arrangements with-- 7,a7 applicable one-stop centers2 7,b7 organizations that have a demonstrated record of effectiveness in serving at-risk youth and placing such youth into employment1 including community action agencies1 business organizations1 or labor organizations2 and 7,c7 child welfare agencies that are responsible for children and youth eligible for benefits and services under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg74 7#d7 ,consultation ,the standards and procedures shall provide for necessary consultation with individuals and organizations1 including court1 probation1 parole1 law enforcement1 education1 welfare1 and medical authorities and advisers4 7#e7 ,reimbursement ,the ,secretary is authorized to enter into contracts with and make payments to individuals and organizations for the cost of conducting recruitment1 screening1 and selection of eligible applicants for the ,job ,corps1 as provided for in this section4 ,the ,secretary shall make no payment to any individual or organization solely as compensation for referring the names of applicants for the ,job ,corps4 7b7 ,special limitations on selection 7#a7 ,in general ,no individual shall be selected as an enrollee unless the individual or organization implementing the standards and procedures described in subsection 7a7 determines that-- 7,a7 there is a reasonable expectation that the individual considered for selection can participate successfully in group situations and activities1 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 center2 7,b7 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 rules1 and agrees to comply with such rules2 and 7,c7 the individual has passed a background check conducted in accordance with procedures established by the ,secretary and with applicable ,state and local laws4 7#b7 ,individuals on probation1 parole1 or supervised release ,an individual on probation1 parole1 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 7including regulations74 ,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 7#c74 7#c7 ,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 7as described in section #aaaa of title #ah1 ,united ,states ,code71 child abuse1 or a crime involving rape or sexual assault4 7c7 ,assignment plan 7#a7 ,in general ,every #b years1 the ,secretary shall develop and implement a plan for assigning enrollees to ,job ,corps centers4 ,in developing the plan1 the ,secretary shall1 based on the analysis described in paragraph 7#b71 establish targets1 applicable to each ,job ,corps center1 for-- 7,a7 the maximum attainable percentage of enrollees at the ,job ,corps center that reside in the ,state in which the center is located2 and 7,b7 the maximum attainable percentage of enrollees at the ,job ,corps center that reside in the region in which the center is located1 and in surrounding regions4 7#b7 ,analysis ,in order to develop the plan described in paragraph 7#a71 every #b years the ,secretary1 in consultation with operators of ,job ,corps centers1 shall analyze relevant factors relating to each ,job ,corps center1 including-- 7,a7 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 located1 and in surrounding regions2 7,b7 the relative demand for participation in the ,job ,corps in the ,state and region1 and in surrounding regions2 7,c7 the capacity and utilization of the ,job ,corps center1 including the education1 training1 and supportive services provided through the center2 and 7,d7 the performance of the ,job ,corps center relating to the expected levels of performance for the indicators described in section #aei7;c77#a71 and whether any actions have been taken with respect to such center pursuant to paragraphs 7#b7 and 7#c7 of section #aei7;f74 7d7 ,assignment of individual enrollees 7#a7 ,in general ,after an individual has been selected for the ,job ,corps in accordance with the standards and procedures of the ,secretary under subsection 7a71 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 and1 among the centers that offer such education and training1 is closest to the home of the individual4 ,the ,secretary may waive this requirement if-- 7,a7 the enrollee would be unduly delayed in participating in the ,job ,corps program because the closest center is operating at full capacity2 or 7,b7 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 program4 7#b7 ,enrollees who are younger than #ah ,an enrollee who is younger than #ah 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 7#a7 if the parent or guardian of the enrollee objects to the assignment4 #adf4 ,enrollment 7a7 ,relationship between enrollment and military obligations ,enrollment in the ,job ,corps shall not relieve any individual of obligations under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq474 7b7 ,period of enrollment ,no individual may be enrolled in the ,job ,corps for more than #b years1 except-- 7#a7 in a case in which completion of an advanced career training program under section #adh7;c7 would require an individual to participate in the ,job ,corps for not more than one additional year2 7#b7 in the case of an individual with a disability who would reasonably be expected to meet the standards for a ,job ,corps graduate1 as defined under section #adb7e71 if allowed to participate in the ,job ,corps for not more than #a additional year2 7#c7 in the case of an individual who participates in national service1 as authorized by a ,civilian ,conservation ,center program1 who would be granted an enrollment extension in the ,job ,corps for the amount of time equal to the period of national service2 or 7#d7 as the ,secretary may authorize in a special case4 #adg4 ,job ,corps centers 7a7 ,operators and service providers 7#a7 ,eligible entities 7,a7 ,operators ,the ,secretary shall enter into an agreement with a ,federal1 ,state1 or local agency1 an area career and technical education school1 a residential career and technical education school1 or a private organization1 for the operation of each ,job ,corps center4 7,b7 ,providers ,the ,secretary may enter into an agreement with a local entity1 or other entity with the necessary capacity1 to provide activities described in this subtitle to a ,job ,corps center4 7#b7 ,selection process 7,a7 ,competitive basis ,except as provided in subsections 7a7 and 7b7 of section #ccjd of title #da1 ,united ,states ,code1 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 center4 ,in developing a solicitation for an operator or service provider1 the ,secretary shall consult with the ,governor of the ,state in which the center is located1 the workforce council for the ,job ,corps center 7if established71 and the applicable local board regarding the contents of such solicitation1 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 plan4 7,b7 ,recommendations and considerations 7i7 ,operators ,in selecting an entity to operate a ,job ,corps center1 the ,secretary shall consider-- 7,i7 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 plans2 7,,ii7 the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section #aed7;c71 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 employment2 7,,iii7 the degree to which the entity demonstrates relationships with the surrounding communities1 employers1 labor organizations1 ,state boards1 local boards1 applicable one-stop centers1 and the ,state and region in which the center is located2 7,,iv7 the performance of the entity1 if any1 relating to operating or providing activities described in this subtitle to a ,job ,corps center1 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 #aaf7;b77#b77;,a77ii72 and 7,v7 the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce1 including providing them with intensive academics and career and technical education and training4 7ii7 ,providers ,in selecting a service provider for a ,job ,corps center1 the ,secretary shall consider the factors described in clause 7i74 7#c7 ,additional selection factors ,to be eligible to operate a ,job ,corps center1 an entity shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 information related to additional selection factors1 which shall include the following3 7,a7 ,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 opportunities1 including opportunities in in-demand industry sectors and occupations recommended by the workforce council under section #aed7;c77#b77;,a74 7,b7 ,a description of the counseling1 placement1 and support activities that will be offered at the center1 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 program4 7,c7 ,a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment and postsecondary education1 including past performance of operating a ,job ,corps center under this subtitle or subtitle ,c of title ,i of the ,workforce ,investment ,act of #aiih1 and as appropriate1 the entity's demonstrated effectiveness in assisting individuals in achieving the indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii74 7,d7 ,a description of the relationships that the entity has developed with ,state boards1 local boards1 applicable one-stop centers1 employers1 labor organizations1 ,state and local educational agencies1 and the surrounding communities in which the center is located1 in an effort to promote a comprehensive statewide workforce development system4 7,e7 ,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 plans4 7,f7 ,a description of the strong fiscal controls the entity has in place to ensure proper accounting of ,federal funds1 and a description of how the entity will meet the requirements of section #aei7;a74 7,g7 ,a description of the steps to be taken to control costs in accordance with section #aei7;a77#c74 7,h7 ,a detailed budget of the activities that will be supported using funds under this subtitle and non-,federal resources4 7,i7 ,an assurance the entity is licensed to operate in the ,state in which the center is located4 7,j7 ,an assurance the entity will comply with basic health and safety codes1 which shall include the disciplinary measures described in section #aeb7;b74 7,k7 ,any other information on additional selection factors that the ,secretary may require4 7b7 ,high-performing centers 7#a7 ,in general ,if an entity meets the requirements described in paragraph 7#b7 as applied to a particular ,job ,corps center1 such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such center4 7#b7 ,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-- 7,a7 is ranked among the top #bj percent of ,job ,corps centers for the most recent preceding program year2 and 7,b7 meets the expected levels of performance established under section #aei7;c77#a7 and1 with respect to each of the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii7-- 7i7 for the period of the most recent preceding #c program years for which information is available at the time the determination is made1 achieved an average of #ajj percent1 or higher1 of the expected level of performance established under section #aei7;c77#a7 for the indicator2 and 7ii7 for the most recent preceding program year for which information is available at the time the determination is made1 achieved #ajj percent1 or higher1 of the expected level of performance established under such section for the indicator4 7#c7 ,transition ,if any of the program years described in paragraph 7#b77;,b7 precedes the implementation of the establishment of expected levels of performance under section #aei7;c7 and the application of the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii71 an entity shall be considered an operator of a high-performing center during that period if the ,job ,corps center operated by the entity-- 7,a7 meets the requirements of paragraph 7#b77;,b7 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-- 7i7 the #f-month follow-up placement rate of graduates in employment1 the military1 education1 or training2 7ii7 the #ab-month follow-up placement rate of graduates in employment1 the military1 education1 or training2 7iii7 the #f-month follow-up average weekly earnings of graduates2 7iv7 the rate of attainment of secondary school diplomas or their recognized equivalent2 7v7 the rate of attainment of completion certificates for career and technical training2 7vi7 average literacy gains2 and 7vii7 average numeracy gains2 or 7,b7 is ranked among the top #e percent of ,job ,corps centers for the most recent preceding program year4 7c7 ,character and activities ,job ,corps centers may be residential or nonresidential in character1 and shall be designed and operated so as to provide enrollees1 in a well-supervised setting1 with access to activities described in this subtitle4 ,in any year1 no more than #bj percent of the individuals enrolled in the ,job ,corps may be nonresidential participants in the ,job ,corps4 7d7 ,civilian conservation centers 7#a7 ,in general ,the ,job ,corps centers may include ,civilian ,conservation ,centers1 operated under an agreement between the ,secretary of ,labor and the ,secretary of ,agriculture1 that are located primarily in rural areas4 ,such centers shall provide1 in addition to academics1 career and technical education and training1 and workforce preparation skills training1 programs of work experience to conserve1 develop1 or manage public natural resources or public recreational areas or to develop community projects in the public interest4 7#b7 ,assistance during disasters ,enrollees in ,civilian ,conservation ,centers may provide assistance in addressing national1 ,state1 and local disasters1 consistent with current child labor laws 7including regulations74 ,the ,secretary of ,agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained1 equipped1 supervised1 and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq474 7#c7 ,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 ,agriculture4 7e7 ,indian tribes 7#a7 ,general authority ,the ,secretary may enter into agreements with ,indian tribes to operate ,job ,corps centers for ,indians4 7#b7 ,definitions ,in this subsection1 the terms ,indian and ,indian tribe have the meanings given such terms in subsections 7d7 and 7e71 respectively1 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7f7 ,length of agreement ,the agreement described in subsection 7a77#a77;,a7 shall be for not more than a #b-year period4 ,the ,secretary may exercise any contractual option to renew the agreement in #a-year increments for not more than #c additional years1 consistent with the requirements of subsection 7g74 7g7 ,renewal conditions 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall not renew the terms of an agreement for any #a-year additional period described in subsection 7f7 for an entity to operate a particular ,job ,corps center if1 for both of the #b most recent preceding program years for which information is available at the time the determination is made1 or if a second program year is not available1 the preceding year for which information is available1 such center-- 7,a7 has been ranked in the lowest #aj percent of ,job ,corps centers2 and 7,b7 failed to achieve an average of #ej percent or higher of the expected level of performance under section #aei7;c77#a7 with respect to each of the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii74 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,secretary may exercise an option to renew the agreement for no more than #b additional years if the ,secretary determines such renewal would be in the best interest of the ,job ,corps program1 taking into account factors including-- 7,a7 significant improvements in program performance in carrying out a performance improvement plan under section #aei7;f77#b72 7,b7 that the performance is due to circumstances beyond the control of the entity1 such as an emergency or disaster1 as defined in section #agj7;a77#a72 7,c7 a significant disruption in the operations of the center1 including in the ability to continue to provide services to students1 or significant increase in the cost of such operations2 or 7,d7 a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator4 7#c7 ,detailed explanation ,if the ,secretary exercises an option under paragraph 7#b71 the ,secretary shall provide1 to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a detailed explanation of the rationale for exercising such option4 7#d7 ,additional considerations ,the ,secretary shall only renew the agreement of an entity to operate a ,job ,corps center if the entity-- 7,a7 has a satisfactory record of integrity and business ethics2 7,b7 has adequate financial resources to perform the agreement2 7,c7 has the necessary organization1 experience1 accounting and operational controls1 and technical skills2 and 7,d7 is otherwise qualified and eligible under applicable laws and regulations1 including that the contractor is not under suspension or debarred from eligibility for ,federal contracts4 #adh4 ,program activities 7a7 ,activities provided by job corps centers 7#a7 ,in general ,each ,job ,corps center shall provide enrollees with an intensive1 well organized1 and fully supervised program of education1 including ,english language acquisition programs1 career and technical education and training1 work experience1 work-based learning1 recreational activities1 physical rehabilitation and development1 driver's education1 and counseling1 which may include information about financial literacy4 ,each ,job ,corps center shall provide enrollees assigned to the center with access to career services described in clauses 7i7 through 7xi7 of section #acd7;c77#b77;,a74 7#b7 ,relationship to opportunities ,the activities provided under this subsection shall be targeted to helping enrollees1 on completion of their enrollment-- 7,a7 secure and maintain meaningful unsubsidized employment2 7,b7 enroll in and complete secondary education or postsecondary education or training programs1 including other suitable career and technical education and training1 and apprenticeship programs2 or 7,c7 satisfy ,armed ,forces requirements4 7#c7 ,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 and1 to the extent practicable1 in the ,state or local area in which the enrollee intends to seek employment after graduation4 7b7 ,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 agencies1 career and technical educational institutions1 technical institutes1 or national service providers1 whenever such entities provide education and training substantially equivalent in cost and quality to that which the ,secretary could provide through other means4 7c7 ,advanced career training programs 7#a7 ,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 #a year in addition to the period of participation to which the enrollees would otherwise be limited4 ,the advanced career training may be provided through the eligible providers of training services identified under section #abb4 7#b7 ,benefits ,during the period of participation in an advanced career training program1 an enrollee shall be eligible for full ,job ,corps benefits1 or a monthly stipend equal to the average value of the residential support1 food1 allowances1 and other benefits provided to enrollees assigned to residential ,job ,corps centers4 7#c7 ,demonstration ,the ,secretary shall develop standards by which any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate1 before the operator may carry out such additional enrollment1 that-- 7,a7 participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs2 and 7,b7 for the most recently preceding #b program years1 such operator has1 on average1 met or exceeded the expected levels of performance under section #aei7;c77#a7 for each of the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii74 7d7 ,graduate services ,in order to promote the retention of graduates in employment or postsecondary education1 the ,secretary shall arrange for the provision of job placement and support services to graduates for up to #ab months after the date of graduation4 ,multiple resources1 including one-stop partners1 may support the provision of these services1 including services from the ,state vocational rehabilitation agency1 to supplement job placement and job development efforts for ,job ,corps graduates who are individuals with disabilities4 7e7 ,child care ,the ,secretary shall1 to the extent practicable1 provide child care at or near ,job ,corps centers1 for individuals who require child care for their children in order to participate in the ,job ,corps4 #adi4 ,counseling and job placement 7a7 ,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 ,corps4 7b7 ,placement ,the ,secretary shall arrange for assessment and counseling for enrollees prior to their scheduled graduations to determine their capabilities and1 based on their capabilities1 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 subtitle4 ,in arranging for the placement of graduates in jobs1 the ,secretary shall utilize the one-stop delivery system to the maximum extent practicable4 7c7 ,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 met4 7d7 ,services to former enrollees ,the ,secretary may provide such services as the ,secretary determines to be appropriate under this subtitle to former enrollees4 #aej4 ,support 7a7 ,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 enrollees4 7b7 ,transition allowances ,the ,secretary shall arrange for a transition allowance to be paid to graduates4 ,the transition allowance shall be incentive-based to reflect a graduate's completion of academic1 career and technical education or training1 and attainment of recognized postsecondary credentials4 7c7 ,transition support ,the ,secretary may arrange for the provision of #c months of employment services for former enrollees4 #aea4 ,operations 7a7 ,operating plan ,the provisions of the contract between the ,secretary and an entity selected to operate a ,job ,corps center shall1 at a minimum1 serve as an operating plan for the ,job ,corps center4 7b7 ,additional information ,the ,secretary may require the operator1 in order to remain eligible to operate the ,job ,corps center1 to submit such additional information as the ,secretary may require1 which shall be considered part of the operating plan4 7c7 ,availability ,the ,secretary shall make the operating plan described in subsections 7a7 and 7b71 excluding any proprietary information1 available to the public4 #aeb4 ,standards of conduct 7a7 ,provision and enforcement ,the ,secretary shall provide1 and directors of ,job ,corps centers shall stringently enforce1 standards of conduct within the centers4 ,such standards of conduct shall include provisions forbidding the actions described in subsection 7b77#b77;,a74 7b7 ,disciplinary measures 7#a7 ,in general ,to promote the proper behavioral standards in the ,job ,corps1 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 conduct4 ,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 standards1 threaten the safety of staff1 students1 or the local community1 or diminish the opportunities of other enrollees4 7#b7 ,zero tolerance policy and drug testing 7,a7 ,guidelines ,the ,secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence1 for use1 sale1 or possession of a controlled substance1 for abuse of alcohol1 or for other illegal or disruptive activity4 7,b7 ,drug testing ,the ,secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the ,secretary under section #ade7;a74 7,c7 ,definitions ,in this paragraph3 7i7 ,controlled substance ,the term controlled substance has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7ii7 ,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 7,a74 7c7 ,appeal ,a disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the ,secretary4 #aec4 ,community participation 7a7 ,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 7b71 including the use of local boards1 in order to enhance the effectiveness of such centers4 7b7 ,networks ,the activities carried out by each ,job ,corps center under this section shall include-- 7#a7 establishing and developing relationships and networks with-- 7,a7 local and distant employers1 to the extent practicable1 in coordination with entities carrying out other ,federal and non-,federal programs that conduct similar outreach to employers2 7,b7 applicable one-stop centers and applicable local boards1 for the purpose of providing-- 7i7 information to1 and referral of1 potential enrollees2 and 7ii7 job opportunities for ,job ,corps graduates2 and 7,c7 7i7 entities carrying out relevant apprenticeship programs and youth programs2 7ii7 labor-management organizations and local labor organizations2 7iii7 employers and contractors that support national training contractor programs2 and 7iv7 community-based organizations1 non-profit organizations1 and intermediaries providing workforce development-related services2 and 7#b7 establishing and developing relationships with members of the community in which the ,job ,corps center is located1 informing members of the community about the projects of the ,job ,corps center and changes in the rules1 procedures1 or activities of the center that may affect the community1 and planning events of mutual interest to the community and the ,job ,corps center4 7c7 ,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 7b7 at least #c months prior to the date on which the center accepts the first enrollee at the center4 #aed4 ,workforce councils 7a7 ,in general ,each ,job ,corps center shall have a workforce council1 appointed by the director of the center1 in accordance with procedures established by the ,secretary4 7b7 ,workforce council composition 7#a7 ,in general ,a workforce council shall be comprised of-- 7,a7 a majority of members who shall be owners of business concerns1 chief executives or chief operating officers of nongovernmental employers1 or other private sector employers1 who-- 7i7 have substantial management1 hiring1 or policy responsibility2 and 7ii7 represent businesses with employment opportunities that reflect the employment opportunities of the applicable local areas in which enrollees will be seeking employment2 7,b7 representatives of labor organizations 7where present7 and representatives of employees2 and 7,c7 enrollees and graduates of the ,job ,corps4 7#b7 ,local board ,the workforce council may include members of the applicable local boards who meet the requirements described in paragraph 7#a74 7#c7 ,employers outside of local area ,the workforce council for a ,job ,corps center may include1 or otherwise provide for consultation with1 employers from outside the local area who are likely to hire a significant number of enrollees from the ,job ,corps center4 7#d7 ,special rule for single ,state local areas ,in the case of a single ,state local area designated under section #ajf7;d71 the workforce council shall include a representative of the ,state ,board4 7c7 ,responsibilities ,the responsibilities of the workforce council shall be-- 7#a7 to work closely with all applicable local boards in order to determine1 and recommend to the ,secretary1 appropriate career and technical education and training for the center2 7#b7 to review all the relevant labor market information1 including related information in the ,state plan or the local plan1 to-- 7,a7 recommend the in-demand industry sectors or occupations in the area in which the ,job ,corps center operates2 7,b7 determine the employment opportunities in the local areas in which the enrollees intend to seek employment after graduation2 7,c7 determine the skills and education that are necessary to obtain the employment opportunities2 and 7,d7 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 opportunities2 and 7#c7 to meet at least once every #f months to reevaluate the labor market information1 and other relevant information1 to determine1 and recommend to the ,secretary1 any necessary changes in the career and technical education and training provided at the center4 7d7 ,new centers ,the workforce council for a ,job ,corps center that is not yet operating shall carry out the responsibilities described in subsection 7c7 at least #c months prior to the date on which the center accepts the first enrollee at the center4 #aee4 ,advisory committees ,the ,secretary may establish and use advisory committees in connection with the operation of the ,job ,corps program1 and the operation of ,job ,corps centers1 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 problems1 in planning program or center development1 or in strengthening relationships between the ,job ,corps and agencies1 institutions1 or groups engaged in related activities4 #aef4 ,experimental projects and technical assistance 7a7 ,projects ,the ,secretary may carry out experimental1 research1 or demonstration projects relating to carrying out the ,job ,corps program4 ,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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 in writing1 not less than #ij days in advance of issuing such waiver4 7b7 ,technical assistance ,from the funds provided under section #afb 7for the purposes of administration71 the ,secretary may reserve #a_/d of #a percent to provide1 directly or through grants1 contracts1 or other agreements or arrangements as the ,secretary considers appropriate1 technical assistance for the ,job ,corps program for the purpose of improving program quality4 ,such assistance shall include-- 7#a7 assisting ,job ,corps centers and programs-- 7,a7 in correcting deficiencies under1 and violations of1 this subtitle2 7,b7 in meeting or exceeding the expected levels of performance under section #aei7;c77#a7 for the indicators of performance described in section #aaf7;b77#b77;,a72 7,c7 in the development of sound management practices1 including financial management procedures2 and 7#b7 assisting entities1 including entities not currently operating a ,job ,corps center1 in developing the additional selection factors information described in section #adg7;a77#c74 #aeg4 ,application of provisions of ,federal law 7a7 ,enrollees not considered ,to be ,federal employees 7#a7 ,in general ,except as otherwise provided in this subsection and in section #hadc7;a7 of title #e1 ,united ,states ,code1 enrollees shall not be considered to be ,federal employees and shall not be subject to the provisions of law relating to ,federal employment1 including such provisions regarding hours of work1 rates of compensation1 leave1 unemployment compensation1 and ,federal employee benefits4 7#b7 ,provisions relating to taxes and ,social ,security benefits ,for purposes of the ,internal ,revenue ,code of #aihf and title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq471 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 ,states4 7#c7 ,provisions relating to compensation to ,federal employees for work injuries ,for purposes of subchapter ,i of chapter #ha of title #e1 ,united ,states ,code 7relating to compensation to ,federal employees for work injuries71 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 #haja of title #e1 ,united ,states ,code1 and the provisions of such subchapter shall apply as specified in section #hadc7;a7 of title #e1 ,united ,states ,code4 7#d7 ,federal tort claims provisions ,for purposes of the ,federal tort claims provisions in title #bh1 ,united ,states ,code1 enrollees shall be considered to be employees of the ,government4 7b7 ,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 ,states1 and the claim is not cognizable under section #bfgb of title #bh1 ,united ,states ,code1 the ,secretary may adjust and settle the claim in an amount not exceeding #a1ejj4 7c7 ,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 services4 #aeh4 ,special provisions 7a7 ,enrollment ,the ,secretary shall ensure that women and men have an equal opportunity to participate in the ,job ,corps program1 consistent with section #ade4 7b7 ,studies1 evaluations1 proposals1 and data ,the ,secretary shall assure that all studies1 evaluations1 proposals1 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 ,states4 7c7 ,transfer of property 7#a7 ,in general ,notwithstanding chapter #e of title #dj1 ,united ,states ,code1 and any other provision of law1 the ,secretary and the ,secretary of ,education shall receive priority by the ,secretary of ,defense for the direct transfer1 on a nonreimbursable basis1 of the property described in paragraph 7#b7 for use in carrying out programs under this ,act or under any other ,act4 7#b7 ,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 ,department1 including property that the ,secretary of ,defense determines is in excess of current and projected requirements of such ,department4 7d7 ,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 receipts4 ,such an operator or service provider shall not be liable1 directly or indirectly1 to any ,state or subdivision of a ,state 7nor to any person acting on behalf of such a ,state or subdivision7 for any gross receipts taxes1 business privilege taxes measured by gross receipts1 or any similar taxes imposed on1 or measured by1 gross receipts in connection with any payments made to or by such entity for operating or providing services to a ,job ,corps center4 ,such an operator or service provider shall not be liable to any ,state or subdivision of a ,state to collect or pay any sales1 excise1 use1 or similar tax imposed on the sale to or use by such operator or service provider of any property1 service1 or other item in connection with the operation of or provision of services to a ,job ,corps center4 7e7 ,management fee ,the ,secretary shall provide each operator and 7in an appropriate case1 as determined by the ,secretary7 service provider with an equitable and negotiated management fee of not less than #a percent of the amount of the funding provided under the appropriate agreement specified in section #adg4 7f7 ,donations ,the ,secretary may accept on behalf of the ,job ,corps or individual ,job ,corps centers charitable donations of cash or other assistance1 including equipment and materials1 if such donations are available for appropriate use for the purposes set forth in this subtitle4 7g7 ,sale of property ,notwithstanding any other provision of law1 if the ,administrator of ,general ,services sells a ,job ,corps center facility1 the ,administrator shall transfer the proceeds from the sale to the ,secretary1 who shall use the proceeds to carry out the ,job ,corps program4 #aei4 ,management information 7a7 ,financial management information system 7#a7 ,in general ,the ,secretary shall establish procedures to ensure that each operator1 and each service provider1 maintains a financial management information system that will provide-- 7,a7 accurate1 complete1 and current disclosures of the costs of ,job ,corps operations2 and 7,b7 sufficient data for the effective evaluation of activities carried out through the ,job ,corps program4 7#b7 ,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 ,secretary4 7#c7 ,fiscal responsibility ,operators shall remain fiscally responsible and control costs1 regardless of whether the funds made available for ,job ,corps centers are incrementally increased or decreased between fiscal years4 7b7 ,audit 7#a7 ,access ,the ,secretary1 the ,inspector ,general of the ,department of ,labor1 the ,comptroller ,general of the ,united ,states1 and any of their duly authorized representatives1 shall have access to any books1 documents1 papers1 and records of the operators and service providers described in subsection 7a7 that are pertinent to the ,job ,corps program1 for purposes of conducting surveys1 audits1 and evaluations of the operators and service providers4 7#b7 ,surveys1 audits1 and evaluations ,the ,secretary shall survey1 audit1 or evaluate1 or arrange for the survey1 audit1 or evaluation of1 the operators and service providers1 using ,federal auditors or independent public accountants4 ,the ,secretary shall conduct such surveys1 audits1 or evaluations not less often than once every #c years4 7c7 ,information on indicators of performance 7#a7 ,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 #aaf7;b77#b77;,a77ii74 7#b7 ,performance of recruiters ,the ,secretary shall also establish performance indicators1 and expected levels of performance on the performance indicators1 for recruitment service providers serving the ,job ,corps program4 ,the performance indicators shall relate to-- 7,a7 the number of enrollees recruited1 compared to the established goals for such recruitment1 and the number of enrollees who remain committed to the program for #ij days after enrollment2 and 7,b7 the measurements described in subparagraphs 7,i71 7,l71 and 7,m7 of subsection 7d77#a74 7#c7 ,performance of career transition service providers ,the ,secretary shall also establish performance indicators1 and expected performance levels on the performance indicators1 for career transition service providers serving the ,job ,corps program4 ,the performance indicators shall relate to-- 7,a7 the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii72 and 7,b7 the measurements described in subparagraphs 7,d71 7,e71 7,h71 7,j71 and 7,k7 of subsection 7d77#a74 7#d7 ,report ,the ,secretary shall collect1 and annually submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report including-- 7,a7 information on the performance of each ,job ,corps center1 and the ,job ,corps program1 based on the performance indicators described in paragraph 7#a71 as compared to the expected level of performance established under such paragraph for each performance indicator2 and 7,b7 information on the performance of the service providers described in paragraphs 7#b7 and 7#c7 on the performance indicators established under such paragraphs1 as compared to the expected level of performance established for each performance indicator4 7d7 ,additional information 7#a7 ,in general ,the ,secretary shall also collect1 and submit in the report described in subsection 7c77#d71 information on the performance of each ,job ,corps center1 and the ,job ,corps program1 regarding-- 7,a7 the number of enrollees served2 7,b7 demographic information on the enrollees served1 including age1 race1 gender1 and education and income level2 7,c7 the number of graduates of a ,job ,corps center2 7,d7 the number of graduates who entered the ,armed ,forces2 7,e7 the number of graduates who entered apprenticeship programs2 7,f7 the number of graduates who received a regular secondary school diploma2 7,g7 the number of graduates who received a ,state recognized equivalent of a secondary school diploma2 7,h7 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 received2 7,i7 the percentage and number of former enrollees1 including the number dismissed under the zero tolerance policy described in section #aeb7;b72 7,j7 the percentage and number of graduates who enter postsecondary education2 7,k7 the average wage of graduates who enter unsubsidized employment-- 7i7 on the first day of such employment2 and 7ii7 on the day that is #f months after such first day2 7,l7 the percentages of enrollees described in subparagraphs 7,a7 and 7,b7 of section #ade7;c77#a71 as compared to the percentage targets established by the ,secretary under such section for the center2 7,m7 the cost per enrollee1 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 year2 7,n7 the cost per graduate1 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 year2 and 7,o7 any additional information required by the ,secretary4 7#b7 ,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 individual4 7e7 ,methods ,the ,secretary shall collect the information described in subsections 7c7 and 7d71 using methods described in section #aaf7;i77#b7 and consistent with ,state law1 by entering into agreements with the ,states to access such data for ,job ,corps enrollees1 former enrollees1 and graduates4 7f7 ,performance assessments and improvements 7#a7 ,assessments ,the ,secretary shall conduct an annual assessment of the performance of each ,job ,corps center4 ,based on the assessment1 the ,secretary shall take measures to continuously improve the performance of the ,job ,corps program4 7#b7 ,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 7c77#a71 the ,secretary shall develop and implement a performance improvement plan4 ,such a plan shall require action to be taken during a #a-year period1 including-- 7,a7 providing technical assistance to the center2 7,b7 changing the career and technical education and training offered at the center2 7,c7 changing the management staff of the center2 7,d7 replacing the operator of the center2 7,e7 reducing the capacity of the center2 7,f7 relocating the center2 or 7,g7 closing the center4 7#c7 ,additional performance improvement ,in addition to the performance improvement plans required under paragraph 7#b71 the ,secretary may develop and implement additional performance improvement plans4 ,such a plan shall require improvements1 including the actions described in such paragraph1 for a ,job ,corps center that fails to meet criteria established by the ,secretary other than the expected levels of performance described in such paragraph4 7#d7 ,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 7c77#a7 or fails to improve performance as described in paragraph 7#b7 after #c program years1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall select an entity to operate the ,civilian ,conservation ,center on a competitive basis1 in accordance with the requirements of section #adg4 7g7 ,participant health and safety 7#a7 ,center ,the ,secretary shall ensure that a review by an appropriate ,federal1 ,state1 or local entity of the physical condition and health-related activities of each ,job ,corps center occurs annually4 7#b7 ,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 #aigj 7#bi ,u4,s4,c4 #fea et seq47 or1 as appropriate1 under the corresponding ,state ,occupational ,safety and ,health ,act of #aigj requirements in the ,state in which such activities occur4 7h7 ,buildings and facilities ,the ,secretary shall collect1 and submit in the report described in subsection 7c77#d71 information regarding the state of ,job ,corps buildings and facilities4 ,such report shall include-- 7#a7 a review of requested construction1 rehabilitation1 and acquisition projects1 by each ,job ,corps center2 and 7#b7 a review of new facilities under construction4 7i7 ,national and community service ,the ,secretary shall include in the report described in subsection 7c77#d7 available information regarding the national and community service activities of enrollees1 particularly those enrollees at ,civilian ,conservation ,centers4 7j7 ,closure of job corps center ,prior to the closure of any ,job ,corps center1 the ,secretary shall ensure-- 7#a7 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 means2 7#b7 the establishment of a reasonable comment period1 not to exceed #cj days1 for interested individuals to submit written comments to the ,secretary2 and 7#c7 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 center4 #afj4 ,general provisions ,the ,secretary is authorized to-- 7#a7 disseminate1 with regard to the provisions of section #cbjd of title #ci1 ,united ,states ,code1 data and information in such forms as the ,secretary shall determine to be appropriate1 to public agencies1 private organizations1 and the general public2 7#b7 subject to section #aeg7;b71 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 collection2 and 7#c7 expend funds made available for purposes of this subtitle-- 7,a7 for printing and binding1 in accordance with applicable law 7including regulation72 and 7,b7 without regard to any other law 7including regulation71 for rent of buildings and space in buildings and for repair1 alteration1 and improvement of buildings and space in buildings rented by the ,secretary1 except that the ,secretary shall not expend funds under the authority of this subparagraph-- 7i7 except when necessary to obtain an item1 service1 or facility1 that is required in the proper administration of this subtitle1 and that otherwise could not be obtained1 or could not be obtained in the quantity or quality needed1 or at the time1 in the form1 or under the conditions in which the item1 service1 or facility is needed2 and 7ii7 prior to having given written notification to the ,administrator of ,general ,services 7if the expenditure would affect an activity that otherwise would be under the jurisdiction of the ,general ,services ,administration7 of the intention of the ,secretary to make the expenditure1 and the reasons and justifications for the expenditure4 #afa4 ,job ,corps oversight and reporting 7a7 ,temporary financial reporting 7#a7 ,in general ,during the periods described in paragraphs 7#b7 and 7#c77;,b71 the ,secretary shall prepare and submit to the applicable committees financial reports regarding the ,job ,corps program under this subtitle4 ,each such financial report shall include-- 7,a7 information regarding the implementation of the financial oversight measures suggested in the ,may #ca1 #bjac1 report of the ,office of ,inspector ,general of the ,department of ,labor entitled ,the ,u4,s4 ,department of ,labor's ,employment and ,training ,administration ,needs to ,strengthen ,controls over ,job ,corps ,funds2 7,b7 a description of any budgetary shortfalls for the program for the period covered by the financial report1 and the reasons for such shortfalls2 and 7,c7 a description and explanation for any approval for contract expenditures that are in excess of the amounts provided for under the contract4 7#b7 ,timing of reports ,the ,secretary shall submit a financial report under paragraph 7#a7 once every #f months beginning on the date of enactment of this ,act1 for a #c-year period4 ,after the completion of such #c-year period1 the ,secretary shall submit a financial report under such paragraph once a year for the next #b years1 unless additional reports are required under paragraph 7#c77;,b74 7#c7 ,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 report1 the ,secretary shall-- 7,a7 not later than #ij days after the budgetary shortfall was identified1 submit a report to the applicable committees explaining how the budgetary shortfall will be addressed2 and 7,b7 submit an additional financial report under paragraph 7#a7 for each #f-month period subsequent to the finding of the budgetary shortfall until the ,secretary demonstrates1 through such report1 that the ,job ,corps program has no budgetary shortfall4 7b7 ,third-party review ,every #e years after the date of enactment of this ,act1 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 7,a7 through 7,g7 of section #afi7;a77#b74 ,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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7c7 ,criteria for ,job ,corps center closures ,by not later than ,december #a1 #bjad1 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 closure1 and shall submit such criteria to the applicable committees4 7d7 ,definition of applicable committees ,in this section1 the term applicable committees means-- 7#a7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 7#b7 the ,subcommittee on ,labor1 ,health and ,human ,services1 ,education1 and ,related ,agencies of the ,committee of ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7#d7 the ,subcommittee on ,labor1 ,health and ,human ,services1 ,education1 and ,related ,agencies of the ,committee of ,appropriations of the ,senate4 #afb4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle-- 7#a7 #a1fhh1aee1jjj for fiscal year #bjae2 7#b7 #a1hah1edh1jjj for fiscal year #bjaf2 7#c7 #a1hef1bhc1jjj for fiscal year #bjag2 7#d7 #a1hig1dee1jjj for fiscal year #bjah2 7#e7 #a1idb1jfd1jjj for fiscal year #bjai2 and 7#f7 #a1ihc1bcf1jjj for fiscal year #bjbj4 ,d ,national programs #aff4 ,native ,american programs 7a7 ,purpose 7#a7 ,in general ,the purpose of this section is to support employment and training activities for ,indian1 ,alaska ,native1 and ,native ,hawaiian individuals in order-- 7,a7 to develop more fully the academic1 occupational1 and literacy skills of such individuals2 7,b7 to make such individuals more competitive in the workforce and to equip them with the entrepreneurial skills necessary for successful self-employment2 and 7,c7 to promote the economic and social development of ,indian1 ,alaska ,native1 and ,native ,hawaiian communities in accordance with the goals and values of such communities4 7#b7 ,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 7#be ,u4,s4,c4 #dej et seq47 and the government-to-government relationship between the ,federal ,government and ,indian tribal governments4 7b7 ,definitions ,as used in this section3 7#a7 ,alaska native ,the term ,alaska ,native includes a ,native and a descendant of a ,native1 as such terms are defined in subsections 7b7 and 7r7 of section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b71 7r774 7#b7 ,indian1 indian tribe1 and tribal organization ,the terms ,indian1 ,indian tribe1 and tribal organization have the meanings given such terms in subsections 7d71 7e71 and 7l71 respectively1 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,native hawaiian and native hawaiian organization ,the terms ,native ,hawaiian and ,native ,hawaiian organization have the meanings given such terms in section #gbjg of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geag74 7c7 ,program authorized ,every #d years1 the ,secretary shall1 on a competitive basis1 make grants to1 or enter into contracts or cooperative agreements with1 ,indian tribes1 tribal organizations1 ,alaska ,native entities1 ,indian-controlled organizations serving ,indians1 or ,native ,hawaiian organizations to carry out the authorized activities described in subsection 7d74 7d7 ,authorized activities 7#a7 ,in general ,funds made available under subsection 7c7 shall be used to carry out the activities described in paragraph 7#b7 that-- 7,a7 are consistent with this section2 and 7,b7 are necessary to meet the needs of ,indians1 ,alaska ,natives1 or ,native ,hawaiians preparing to enter1 reenter1 or retain unsubsidized employment leading to self-sufficiency4 7#b7 ,workforce development activities and supplemental services 7,a7 ,in general ,funds made available under subsection 7c7 shall be used for-- 7i7 comprehensive workforce development activities for ,indians1 ,alaska ,natives1 or ,native ,hawaiians1 including training on entrepreneurial skills2 or 7ii7 supplemental services for ,indian1 ,alaska ,native1 or ,native ,hawaiian youth on or near ,indian reservations and in ,oklahoma1 ,alaska1 or ,hawaii4 7,b7 ,special rule ,notwithstanding any other provision of this section1 individuals who were eligible to participate in programs under section #dja of the ,job ,training ,partnership ,act 7as such section was in effect on the day before the date of enactment of the ,workforce ,investment ,act of #aiih7 shall be eligible to participate in an activity assisted under this section4 7e7 ,program plan ,in order to receive a grant or enter into a contract or cooperative agreement under this section1 an entity described in subsection 7c7 shall submit to the ,secretary a program plan that describes a #d-year strategy for meeting the needs of ,indian1 ,alaska ,native1 or ,native ,hawaiian individuals1 as appropriate1 in the area served by such entity4 ,such plan shall-- 7#a7 be consistent with the purpose of this section2 7#b7 identify the population to be served2 7#c7 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-sufficiency2 7#d7 describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities2 and 7#e7 describe1 after the entity submitting the plan consults with the ,secretary1 the performance accountability measures to be used to assess the performance of entities in carrying out the activities assisted under this section1 which shall include the primary indicators of performance described in section #aaf7;b77#b77;,a7 and expected levels of performance for such indicators1 in accordance with subsection 7h74 7f7 ,consolidation of funds ,each entity receiving assistance under subsection 7c7 may consolidate such assistance with assistance received from related programs in accordance with the provisions of the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq474 7g7 ,nonduplicative and nonexclusive services ,nothing in this section shall be construed-- 7#a7 to limit the eligibility of any entity described in subsection 7c7 to participate in any activity offered by a ,state or local entity under this ,act2 or 7#b7 to preclude or discourage any agreement1 between any entity described in subsection 7c7 and any ,state or local entity1 to facilitate the provision of services by such entity or to the population served by such entity4 7h7 ,performance accountability measures 7#a7 ,additional performance indicators and standards 7,a7 ,development of indicators and standards ,the ,secretary1 in consultation with the ,native ,american ,employment and ,training ,council1 shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance described in section #aaf7;b77#b77;,a7 and that shall be applicable to programs under this section4 7,b7 ,special considerations ,such performance indicators and standards shall take into account-- 7i7 the purpose of this section as described in subsection 7a77#a72 7ii7 the needs of the groups served by this section1 including the differences in needs among such groups in various geographic service areas2 and 7iii7 the economic circumstances of the communities served1 including differences in circumstances among various geographic service areas4 7#b7 ,agreement on adjusted levels of performance ,the ,secretary and the entity described in subsection 7c7 shall reach agreement on the levels of performance for each of the primary indicators of performance described in section #aaf7;b77#b77;,a71 taking into account economic conditions1 characteristics of the individuals served1 and other appropriate factors and using1 to the extent practicable1 the statistical adjustment model under section #aaf7;b77#c77;,a77viii74 ,the levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan4 7i7 ,administrative provisions 7#a7 ,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 section4 7#b7 ,regulations ,the ,secretary shall consult with the entities described in subsection 7c7 in-- 7,a7 establishing regulations to carry out this section1 including regulations relating to the performance accountability measures for entities receiving assistance under this section2 and 7,b7 developing a funding distribution plan that takes into consideration previous levels of funding 7prior to the date of enactment of this ,act7 to such entities4 7#c7 ,waivers 7,a7 ,in general ,with respect to an entity described in subsection 7c71 the ,secretary1 notwithstanding any other provision of law1 may1 pursuant to a request submitted by such entity that meets the requirements established under subparagraph 7,b71 waive any of the statutory or regulatory requirements of this title that are inconsistent with the specific needs of the entity described in such subsection1 except that the ,secretary may not waive requirements relating to wage and labor standards1 worker rights1 participation and protection of workers and participants1 grievance procedures1 and judicial review4 7,b7 ,request and approval ,an entity described in subsection 7c7 that requests a waiver under subparagraph 7,a7 shall submit a plan to the ,secretary to improve the program of workforce investment activities carried out by the entity1 which plan shall meet the requirements established by the ,secretary and shall be generally consistent with the requirements of section #ahi7;i77#c77;,b74 7#d7 ,advisory council 7,a7 ,in general ,using funds made available to carry out this section1 the ,secretary shall establish a ,native ,american ,employment and ,training ,council to facilitate the consultation described in paragraph 7#b7 and to provide the advice described in subparagraph 7,c74 7,b7 ,composition ,the ,council shall be composed of individuals1 appointed by the ,secretary1 who are representatives of the entities described in subsection 7c74 7,c7 ,duties ,the ,council shall advise the ,secretary on the operation and administration of the programs assisted under this section1 including the selection of the individual appointed as head of the unit established under paragraph 7#a74 7,d7 ,personnel matters 7i7 ,compensation of members ,members of the ,council shall serve without compensation4 7ii7 ,travel expenses ,the members of the ,council shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,council4 7iii7 ,administrative support ,the ,secretary shall provide the ,council with such administrative support as may be necessary to perform the functions of the ,council4 7,e7 ,chairperson ,the ,council shall select a chairperson from among its members4 7,f7 ,meetings ,the ,council shall meet not less than twice each year4 7,g7 ,application ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 7#e7 ,technical assistance ,the ,secretary1 acting through the unit established under paragraph 7#a71 is authorized to provide technical assistance to entities described in subsection 7c7 that receive assistance under such subsection to enable such entities to improve the activities authorized under this section that are provided by such entities4 7#f7 ,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 section4 7j7 ,compliance with single audit requirements2 related requirement ,grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter #ge of subtitle ,v of title #ca1 ,united ,states ,code1 and charging of costs under this section shall be subject to appropriate circulars issued by the ,office of ,management and ,budget4 7k7 ,assistance to unique populations in ,alaska and ,hawaii 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary is authorized to award grants1 on a competitive basis1 to entities with demonstrated experience and expertise in developing and implementing programs for the unique populations who reside in ,alaska or ,hawaii1 including public and private nonprofit organizations1 tribal organizations1 ,american ,indian tribal colleges or universities1 institutions of higher education1 or consortia of such organizations or institutions1 to improve job training and workforce investment activities for such unique populations4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #dfa1jjj for fiscal year #bjae2 7,b7 #dig1jjj for fiscal year #bjaf2 7,c7 #ejg1jjj for fiscal year #bjag2 7,d7 #eah1jjj for fiscal year #bjah2 7,e7 #ecj1jjj for fiscal year #bjai2 and 7,f7 #edb1jjj for fiscal year #bjbj4 #afg4 ,migrant and seasonal farmworker programs 7a7 ,in general ,every #d years1 the ,secretary shall1 on a competitive basis1 make grants to1 or enter into contracts with1 eligible entities to carry out the activities described in subsection 7d74 7b7 ,eligible entities ,to be eligible to receive a grant or enter into a contract under this section1 an entity shall have an understanding of the problems of eligible migrant and seasonal farmworkers 7including dependents71 a familiarity with the area to be served1 and the ability to demonstrate a capacity to administer and deliver effectively a diversified program of workforce investment activities 7including youth workforce investment activities7 and related assistance for eligible migrant and seasonal farmworkers4 7c7 ,program plan 7#a7 ,in general ,to be eligible to receive a grant or enter into a contract under this section1 an entity described in subsection 7b7 shall submit to the ,secretary a plan that describes a #d-year strategy for meeting the needs of eligible migrant and seasonal farmworkers in the area to be served by such entity4 7#b7 ,contents ,such plan shall-- 7,a7 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 employment1 or stabilize their unsubsidized employment1 including upgraded employment in agriculture2 7,b7 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 services2 7,c7 describe the performance accountability measures to be used to assess the performance of such entity in carrying out the activities assisted under this section1 which shall include the expected levels of performance for the primary indicators of performance described in section #aaf7;b77#b77;,a72 7,d7 describe the availability and accessibility of local resources1 such as supportive services1 services provided through one-stop delivery systems1 and education and training services1 and how the resources can be made available to the population to be served2 and 7,e7 describe the plan for providing services under this section1 including strategies and systems for outreach1 career planning1 assessment1 and delivery through one-stop delivery systems4 7#c7 ,agreement on adjusted levels of performance ,the ,secretary and the entity described in subsection 7b7 shall reach agreement on the levels of performance for each of the primary indicators of performance described in section #aaf7;b77#b77;,a71 taking into account economic conditions1 characteristics of the individuals served1 and other appropriate factors1 and using1 to the extent practicable1 the statistical adjustment model under section #aaf7;b77#c77;,a77viii74 ,the levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan4 7#d7 ,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 policies4 7d7 ,authorized activities ,funds made available under this section and section #abg7;a77#a7 shall be used to carry out workforce investment activities 7including youth workforce investment activities7 and provide related assistance for eligible migrant and seasonal farmworkers1 which may include-- 7#a7 outreach1 employment1 training1 educational assistance1 literacy assistance1 ,english language and literacy instruction1 pesticide and worker safety training1 housing 7including permanent housing71 supportive services1 and school dropout prevention and recovery activities2 7#b7 followup services for those individuals placed in employment2 7#c7 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 7c72 7#d7 customized career and technical education in occupations that will lead to higher wages1 enhanced benefits1 and long-term employment in agriculture or another area2 and 7#e7 technical assistance to improve coordination of services and implement best practices relating to service delivery through one-stop delivery systems4 7e7 ,consultation with governors and local boards ,in making grants and entering into contracts under this section1 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 7d74 7f7 ,regulations ,the ,secretary shall consult with eligible migrant and seasonal farmworkers groups and ,states in establishing regulations to carry out this section1 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 7c77#c74 7g7 ,compliance with single audit requirements2 related requirement ,grants made and contracts entered into under this section shall be subject to the requirements of chapter #ge of subtitle ,v of title #ca1 ,united ,states ,code and charging of costs under this section shall be subject to appropriate circulars issued by the ,office of ,management and ,budget4 7h7 ,funding allocation ,from the funds appropriated and made available to carry out this section1 the ,secretary shall reserve not more than #a percent for discretionary purposes1 such as providing technical assistance to eligible entities4 7i7 ,definitions ,in this section3 7#a7 ,eligible migrant and seasonal farmworkers ,the term eligible migrant and seasonal farmworkers means individuals who are eligible migrant farmworkers or are eligible seasonal farmworkers4 7#b7 ,eligible migrant farmworker ,the term eligible migrant farmworker means-- 7,a7 an eligible seasonal farmworker described in paragraph 7#c77;,a7 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 day2 and 7,b7 a dependent of the farmworker described in subparagraph 7,a74 7#c7 ,eligible seasonal farmworker ,the term eligible seasonal farmworker means-- 7,a7 a low-income individual who-- 7i7 for #ab consecutive months out of the #bd months prior to application for the program involved1 has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment2 and 7ii7 faces multiple barriers to economic self-sufficiency2 and 7,b7 a dependent of the person described in subparagraph 7,a74 #afh4 ,technical assistance 7a7 ,general technical assistance 7#a7 ,in general ,the ,secretary shall ensure that the ,department has sufficient capacity to1 and does1 provide1 coordinate1 and support the development of1 appropriate training1 technical assistance1 staff development1 and other activities1 including-- 7,a7 assistance in replicating programs of demonstrated effectiveness1 to ,states and localities2 7,b7 the training of staff providing rapid response services2 7,c7 the training of other staff of recipients of funds under this title1 including the staff of local boards and ,state boards2 7,d7 the training of members of ,state boards and local boards2 7,e7 assistance in the development and implementation of integrated1 technology-enabled intake and case management information systems for programs carried out under this ,act and programs carried out by one-stop partners1 such as standard sets of technical requirements for the systems1 offering interfaces that ,states could use in conjunction with their current 7as of the first date of implementation of the systems7 intake and case management information systems that would facilitate shared registration across programs2 7,f7 assistance regarding accounting and program operations to ,states and localities 7when such assistance would not supplant assistance provided by the ,state72 7,g7 peer review activities under this title2 and 7,h7 in particular1 assistance to ,states in making transitions to implement the provisions of this ,act4 7#b7 ,form of assistance 7,a7 ,in general ,in order to carry out paragraph 7#a7 on behalf of a ,state or recipient of financial assistance under section #aff or #afg1 the ,secretary1 after consultation with the ,state or grant recipient1 may award grants or enter into contracts or cooperative agreements4 7,b7 ,limitation ,grants or contracts awarded under paragraph 7#a7 to entities other than ,states or local units of government that are for amounts in excess of #ajj1jjj shall only be awarded on a competitive basis4 7b7 ,dislocated worker technical assistance 7#a7 ,authority ,of the amounts available pursuant to section #acb7;a77#b77;,a71 the ,secretary shall reserve not more than #e 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 #aaf7;b77#b77;,a77i7 with respect to employment and training activities for dislocated workers4 ,using such reserved funds1 the ,secretary may provide such assistance to other ,states1 local areas1 and other entities involved in providing assistance to dislocated workers1 to promote the continuous improvement of assistance provided to dislocated workers1 under this title4 7#b7 ,training ,amounts reserved under this subsection may be used to provide for the training of staff1 including specialists1 who provide rapid response services4 ,such training shall include instruction in proven methods of promoting1 establishing1 and assisting labor-management committees4 ,such projects shall be administered through the ,employment and ,training ,administration of the ,department4 7c7 ,promising and proven practices coordination ,the ,secretary shall-- 7#a7 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 ,act2 7#b7 evaluate and disseminate information regarding such promising and proven practices and identify knowledge gaps2 and 7#c7 commission research under section #afi7;b7 to address knowledge gaps identified under paragraph 7#b74 #afi4 ,evaluations and research 7a7 ,evaluations 7#a7 ,evaluations of programs and activities carried out under this title 7,a7 ,in general ,for the purpose of improving the management and effectiveness of programs and activities carried out under this title1 the ,secretary1 through grants1 contracts1 or cooperative agreements1 shall provide for the continuing evaluation of the programs and activities under this title1 including those programs and activities carried out under this section4 7,b7 ,periodic independent evaluation ,the evaluations carried out under this paragraph shall include an independent evaluation1 at least once every #d years1 of the programs and activities carried out under this title4 7#b7 ,evaluation subjects ,each evaluation carried out under paragraph 7#a7 shall address-- 7,a7 the general effectiveness of such programs and activities in relation to their cost1 including the extent to which the programs and activities-- 7i7 improve the employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities2 and 7ii7 to the extent feasible1 increase the level of total employment over the level that would have existed in the absence of such programs and activities2 7,b7 the effectiveness of the performance accountability measures relating to such programs and activities2 7,c7 the effectiveness of the structure and mechanisms for delivery of services through such programs and activities1 including the coordination and integration of services through such programs and activities2 7,d7 the impact of such programs and activities on the community1 businesses1 and participants involved2 7,e7 the impact of such programs and activities on related programs and activities2 7,f7 the extent to which such programs and activities meet the needs of various demographic groups2 and 7,g7 such other factors as may be appropriate4 7#c7 ,evaluations of other programs and activities ,the ,secretary may conduct evaluations of other federally funded employment-related programs and activities under other provisions of law4 7#d7 ,techniques ,evaluations conducted under this subsection shall utilize appropriate and rigorous methodology and research designs1 including the use of control groups chosen by scientific random assignment methodologies4 ,the ,secretary shall conduct at least #a multisite control group evaluation under this subsection by the end of fiscal year #bjai1 and thereafter shall ensure that such an analysis is included in the independent evaluation described in paragraph 7#a77;,b7 that is conducted at least once every #d years4 7#e7 ,reports ,the entity carrying out an evaluation described in paragraph 7#a7 or 7#b7 shall prepare and submit to the ,secretary a draft report and a final report containing the results of the evaluation4 7#f7 ,reports to congress ,not later than #cj days after the completion of a draft report under paragraph 7#e71 the ,secretary shall transmit the draft report to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate4 ,not later than #fj days after the completion of a final report under such paragraph1 the ,secretary shall transmit the final report to such committees4 7#g7 ,public availability ,not later than #cj days after the date the ,secretary transmits the final report as described in paragraph 7#f71 the ,secretary shall make that final report available to the general public on the ,internet1 on the ,web site of the ,department of ,labor4 7#h7 ,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 evaluation1 such entity may publish the report unless the ,secretary denies the request during the #ij-;day period beginning on the date the ,secretary receives such request4 7#i7 ,coordination ,the ,secretary shall ensure the coordination of evaluations carried out by ,states pursuant to section #aaf7;e7 with the evaluations carried out under this subsection4 7b7 ,research1 studies1 and multistate projects 7#a7 ,in general ,after consultation with ,states1 localities1 and other interested parties1 the ,secretary shall1 every #b years1 publish in the ,federal ,register1 a plan that describes the research1 studies1 and multistate project priorities of the ,department of ,labor concerning employment and training for the #e-year period following the submission of the plan4 ,the plan shall be consistent with the purposes of this title1 including the purpose of aligning and coordinating core programs with other one-stop partner programs4 ,copies of the plan shall be transmitted to the ,committee on ,education and the ,workforce of the ,house of ,representatives1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,department of ,education1 and other relevant ,federal agencies4 7#b7 ,factors ,the plan published under paragraph 7#a7 shall contain strategies to address national employment and training problems and take into account factors such as-- 7,a7 the availability of existing research 7as of the date of the publication72 7,b7 the need to ensure results that have interstate validity2 7,c7 the benefits of economies of scale and the efficiency of proposed projects2 and 7,d7 the likelihood that the results of the projects will be useful to policymakers and stakeholders in addressing employment and training problems4 7#c7 ,research projects ,the ,secretary shall1 through grants or contracts1 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 7#a74 7#d7 ,studies and reports 7,a7 ,net impact studies and reports ,the ,secretary of ,labor1 in coordination with the ,secretary of ,education and other relevant ,federal agencies1 may conduct studies to determine the net impact and best practices of programs1 services1 and activities carried out under this ,act4 7,b7 ,study on resources available to assist disconnected youth ,the ,secretary of ,labor1 in coordination with the ,secretary of ,education1 may conduct a study examining the characteristics of eligible youth that result in such youth being significantly disconnected from education and workforce participation1 the ways in which such youth could have greater opportunities for education attainment and obtaining employment1 and the resources available to assist such youth in obtaining the skills1 credentials1 and work experience necessary to become economically self-sufficient4 7,c7 ,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 ,commerce1 the ,administrator of the ,small ,business ,administration1 and the ,secretary of ,education1 the ,secretary of ,labor1 in coordination with the ,secretary of ,commerce1 the ,administrator of the ,small ,business ,administration1 and the ,secretary of ,education1 may conduct a study of the effectiveness of the workforce development system in meeting the needs of business1 such as through the use of industry or sector partnerships1 with particular attention to the needs of small business1 including in assisting workers to obtain the skills needed to utilize emerging technologies4 7,d7 ,study on participants entering nontraditional occupations ,the ,secretary of ,labor1 in coordination with the ,secretary of ,education1 may conduct a study examining the number and percentage of individuals who receive employment and training activities and who enter nontraditional occupations1 successful strategies to place and support the retention of individuals in nontraditional employment 7such as by providing post-placement assistance to participants in the form of exit interviews1 mentoring1 networking1 and leadership development71 and the degree to which recipients of employment and training activities are informed of the possibility of1 or directed to begin1 training or education needed for entrance into nontraditional occupations4 7,e7 ,study on performance indicators ,the ,secretary of ,labor1 in coordination with the ,secretary of ,education1 may conduct studies to determine the feasibility of1 and potential means to replicate1 measuring the compensation1 including the wages1 benefits1 and other incentives provided by an employer1 received by program participants by using data other than or in addition to data available through wage records1 for potential use as a performance indicator4 7,f7 ,study on job training for recipients of public housing assistance ,the ,secretary of ,labor1 in coordination with the ,secretary of ,housing and ,urban ,development1 may conduct studies to assist public housing authorities to provide1 to recipients of public housing assistance1 job training programs that successfully upgrade job skills and employment in1 and access to1 jobs with opportunity for advancement and economic self-sufficiency for such recipients4 7,g7 ,study on improving employment prospects for older individuals ,the ,secretary of ,labor1 in coordination with the ,secretary of ,education and the ,secretary of ,health and ,human ,services1 may conduct studies that lead to better design and implementation of1 in conjunction with employers1 local boards or ,state boards1 community colleges or area career and technical education schools1 and other organizations1 effective evidence-based strategies to provide services to workers who are low-income1 low-skilled older individuals that increase the workers' skills and employment prospects4 7,h7 ,study on prior learning ,the ,secretary of ,labor1 in coordination with other heads of ,federal agencies1 as appropriate1 may conduct studies that1 through convening stakeholders from the fields of education1 workforce1 business1 labor1 defense1 and veterans services1 and experts in such fields1 develop guidelines for assessing1 accounting for1 and utilizing the prior learning of individuals1 including dislocated workers and veterans1 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 #abb7;d7 and employment4 7,i7 ,study on career pathways for health care providers and providers of early education and child care ,the ,secretary of ,labor1 in coordination with the ,secretary of ,education and the ,secretary of ,health and ,human ,services1 shall conduct a multistate study to develop1 implement1 and build upon career advancement models and practices for low-wage health care providers or providers of early education and child care1 including faculty education and distance education programs4 7,j7 ,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 jobs1 education1 and training that lead to equivalent pay for men and women1 including strategies to increase the participation of women in high-wage1 high-demand occupations in which women are underrepresented4 7,k7 ,reports ,the ,secretary shall prepare and disseminate to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and to the public1 including through electronic means1 reports containing the results of the studies conducted under this paragraph4 7#e7 ,multistate projects 7,a7 ,authority ,the ,secretary may1 through grants or contracts1 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 services1 address the specialized employment and training needs of particular service populations1 or address industry-wide skill shortages1 to the extent such projects are consistent with the priorities specified in the plan published under paragraph 7#a74 7,b7 ,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 services4 7#f7 ,limitations 7,a7 ,competitive awards ,a grant or contract awarded for carrying out a project under this subsection in an amount that exceeds #ajj1jjj shall be awarded only on a competitive basis1 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 project4 7,b7 ,time limits ,a grant or contract shall not be awarded under this subsection to the same organization for more than #c consecutive years unless such grant or contract is competitively reevaluated within such period4 7,c7 ,peer review 7i7 ,in general ,the ,secretary shall utilize a peer review process-- 7,i7 to review and evaluate all applications for grants in amounts that exceed #ejj1jjj that are submitted under this section2 and 7,,ii7 to review and designate exemplary and promising programs under this section4 7ii7 ,availability of funds ,the ,secretary is authorized to use funds provided under this section to carry out peer review activities under this subparagraph4 7,d7 ,priority ,in awarding grants or contracts under this subsection1 priority shall be provided to entities with recognized expertise in the methods1 techniques1 and knowledge of workforce investment activities4 ,the ,secretary shall establish appropriate time limits for the duration of such projects4 7c7 ,dislocated worker projects ,of the amount made available pursuant to section #acb7;a77#b77;,a7 for any program year1 the ,secretary shall use not more than #aj percent of such amount to carry out demonstration and pilot projects1 multiservice projects1 and multistate projects relating to the employment and training needs of dislocated workers4 ,of the requirements of this section1 such projects shall be subject only to the provisions relating to review and evaluation of applications under subsection 7b77#f77;,c74 ,such projects may include demonstration and pilot projects relating to promoting self-employment1 promoting job creation1 averting dislocations1 assisting dislocated farmers1 assisting dislocated fishermen1 and promoting public works4 ,such projects shall be administered by the ,secretary1 acting through the ,assistant ,secretary for ,employment and ,training4 #agj4 ,national dislocated worker grants 7a7 ,definitions ,in this section3 7#a7 ,emergency or disaster ,the term emergency or disaster means-- 7,a7 an emergency or a major disaster1 as defined in paragraphs 7#a7 and 7#b71 respectively1 of section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb 7#a7 and 7#b772 or 7,b7 an emergency or disaster situation of national significance that could result in a potentially large loss of employment1 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 situation4 7#b7 ,disaster area ,the term disaster area means an area that has suffered or in which has occurred an emergency or disaster4 7b7 ,in general 7#a7 ,grants ,the ,secretary is authorized to award national dislocated worker grants-- 7,a7 to an entity described in subsection 7c77#a77;,b7 to provide employment and training assistance to workers affected by major economic dislocations1 such as plant closures1 mass layoffs1 or closures and realignments of military installations2 7,b7 to provide assistance to-- 7i7 the ,governor of any ,state within the boundaries of which is a disaster area1 to provide disaster relief employment in the disaster area2 or 7ii7 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 relocated2 7,c7 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 7,a7 and 7,b7 and can demonstrate the need for additional funds to provide appropriate services for such workers1 in accordance with requirements prescribed by the ,secretary2 and 7,d7 to provide additional assistance to a ,state board or local board serving an area where-- 7i7 a higher-than-average demand for employment and training activities for dislocated members of the ,armed ,forces1 spouses described in section #c7ae77;,e71 or members of the ,armed ,forces described in subsection 7c77#b77;,a77iv71 exceeds ,state and local resources for providing such activities2 and 7ii7 such activities are to be carried out in partnership with the ,department of ,defense and ,department of ,veterans ,affairs transition assistance programs4 7#b7 ,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 #de calendar days after receipt of the application4 ,the ,secretary shall issue a notice of obligation for such grant not later than #aj days after the award of such grant4 7c7 ,employment and training assistance requirements 7#a7 ,grant recipient eligibility 7,a7 ,application ,to be eligible to receive a grant under subsection 7b77#a77;,a71 an entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,eligible entity ,in this paragraph1 the term entity means a ,state1 a local board1 an entity described in section #aff7;c71 an entity determined to be eligible by the ,governor of the ,state involved1 and any other entity that demonstrates to the ,secretary the capability to effectively respond to the circumstances relating to particular dislocations4 7#b7 ,participant eligibility 7,a7 ,in general ,in order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection 7b77#a77;,a71 an individual shall be-- 7i7 a dislocated worker2 7ii7 a civilian employee of the ,department of ,defense or the ,department of ,energy employed at a military installation that is being closed1 or that will undergo realignment1 within the next #bd months after the date of the determination of eligibility2 7iii7 an individual who is employed in a nonmanagerial position with a ,department of ,defense contractor1 who is determined by the ,secretary of ,defense to be at risk of termination from employment as a result of reductions in defense expenditures1 and whose employer is converting operations from defense to nondefense applications in order to prevent worker layoffs2 or 7iv7 a member of the ,armed ,forces who-- 7,i7 was on active duty or full-time ,national ,guard duty2 7,,ii7 7aa7 is involuntarily separated 7as defined in section #aada of title #aj1 ,united ,states ,code7 from active duty or full-time ,national ,guard duty2 or 7bb7 is separated from active duty or full-time ,national ,guard duty pursuant to a special separation benefits program under section #aagd;a of title #aj1 ,united ,states ,code1 or the voluntary separation incentive program under section #aage of that title2 7,,iii7 is not entitled to retired or retained pay incident to the separation described in subclause 7,,ii72 and 7,,iv7 applies for such employment and training assistance before the end of the #ahj-;day period beginning on the date of that separation4 7,b7 ,retraining assistance ,the individuals described in subparagraph 7,a77iii7 shall be eligible for retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in subparagraph 7,a77iii74 7,c7 ,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 purpose4 7,d7 ,definitions ,in this paragraph1 the terms military installation and realignment have the meanings given the terms in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7,public ,law #aja-eaj2 #aj ,u4,s4,c4 #bfhg note74 7d7 ,disaster relief employment assistance requirements 7#a7 ,in general ,funds made available under subsection 7b77#a77;,b7-- 7,a7 shall be used1 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency1 as applicable1 to provide disaster relief employment on projects that provide food1 clothing1 shelter1 and other humanitarian assistance for emergency and disaster victims1 and projects regarding demolition1 cleaning1 repair1 renovation1 and reconstruction of damaged and destroyed structures1 facilities1 and lands located within the disaster area and in offshore areas related to the emergency or disaster2 7,b7 may be expended through public and private agencies and organizations engaged in such projects2 and 7,c7 may be expended to provide employment and training activities4 7#b7 ,eligibility ,an individual shall be eligible to be offered disaster relief employment under subsection 7b77#a77;,b7 if such individual-- 7,a7 is a dislocated worker2 7,b7 is a long-term unemployed individual2 7,c7 is temporarily or permanently laid off as a consequence of the emergency or disaster2 or 7,d7 in the case of an individual who is self-employed1 becomes unemployed or significantly underemployed as a result of the emergency or disaster4 7#c7 ,limitations on disaster relief employment 7,a7 ,in general ,except as provided in subparagraph 7,b71 no individual shall be employed under subsection 7b77#a77;,b7 for more than #ab months for work related to recovery from a single emergency or disaster4 7,b7 ,extension ,at the request of a ,state1 the ,secretary may extend such employment1 related to recovery from a single emergency or disaster involving the ,state1 for not more than an additional #ab months4 7#d7 ,use of available funds ,funds made available under subsection 7b77#a77;,b7 shall be available to assist workers described in paragraph 7#b7 who are affected by an emergency or disaster1 including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized1 as appropriate4 ,under conditions determined by the ,secretary and following notification to the ,secretary1 a ,state may use such funds1 that are appropriated for any fiscal year and available for expenditure under any grant awarded to the ,state under this section1 to provide any assistance authorized under this subsection4 ,funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph 7#e74 7#e7 ,liability and reimbursement ,nothing in this ,act shall be construed to relieve liability1 by a responsible party that is liable under ,federal law1 for any costs incurred by the ,united ,states under subsection 7b77#a77;,b7 or this subsection1 including the responsibility to provide reimbursement for such costs to the ,united ,states4 #aga4 ,youth,build program 7a7 ,statement of purpose ,the purposes of this section are-- 7#a7 to enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education and training opportunities2 7#b7 to provide disadvantaged youth with opportunities for meaningful work and service to their communities2 7#c7 to foster the development of employment and leadership skills and commitment to community development among youth in low-income communities2 7#d7 to expand the supply of permanent affordable housing for homeless individuals and low-income families by utilizing the energies and talents of disadvantaged youth2 and 7#e7 to improve the quality and energy efficiency of community and other nonprofit and public facilities1 including those facilities that are used to serve homeless and low-income families4 7b7 ,definitions ,in this section3 7#a7 ,adjusted income ,the term adjusted income has the meaning given the term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#b7 ,applicant ,the term applicant means an eligible entity that has submitted an application under subsection 7c74 7#c7 ,eligible entity ,the term eligible entity means a public or private nonprofit agency or organization 7including a consortium of such agencies or organizations71 including-- 7,a7 a community-based organization2 7,b7 a faith-based organization2 7,c7 an entity carrying out activities under this title1 such as a local board2 7,d7 a community action agency2 7,e7 a ,state or local housing development agency2 7,f7 an ,indian tribe or other agency primarily serving ,indians2 7,g7 a community development corporation2 7,h7 a ,state or local youth service or conservation corps2 and 7,i7 any other entity eligible to provide education or employment training under a ,federal program 7other than the program carried out under this section74 7#d7 ,homeless individual ,the term homeless individual means a homeless individual 7as defined in section #dadjc7f7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#b7f777 or a homeless child or youth 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7774 7#e7 ,housing development agency ,the term housing development agency means any agency of a ,state or local government1 or any private nonprofit organization1 that is engaged in providing housing for homeless individuals or low-income families4 7#f7 ,income ,the term income has the meaning given the term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#g7 ,indian2 indian tribe ,the terms ,indian and ,indian tribe have the meanings given such terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#h7 ,low-income family ,the term low-income family means a family described in section #c7;b77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#b774 7#i7 ,qualified national nonprofit agency ,the term qualified national nonprofit agency means a nonprofit agency that-- 7,a7 has significant national experience providing services consisting of training1 information1 technical assistance1 and data management to ,youth,build programs or similar projects2 and 7,b7 has the capacity to provide those services4 7#aj7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program-- 7,a7 registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq472 and 7,b7 that meets such other criteria as may be established by the ,secretary under this section4 7#aa7 ,transitional housing ,the term transitional housing has the meaning given the term in section #dja7bi7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj7bi774 7#ab7 ,youth,build program ,the term ,youth,build program means any program that receives assistance under this section and provides disadvantaged youth with opportunities for employment1 education1 leadership development1 and training through the rehabilitation 7which1 for purposes of this section1 shall include energy efficiency enhancements7 or construction of housing for homeless individuals and low-income families1 and of public facilities4 7c7 ,youth,build grants 7#a7 ,amounts of grants ,the ,secretary is authorized to make grants to applicants for the purpose of carrying out ,youth,build programs approved under this section4 7#b7 ,eligible activities ,an entity that receives a grant under this subsection shall use the funds made available through the grant to carry out a ,youth,build program1 which may include the following activities3 7,a7 ,education and workforce investment activities including-- 7i7 work experience and skills training 7coordinated1 to the maximum extent feasible1 with preapprenticeship and registered apprenticeship programs7 in the activities described in subparagraphs 7,b7 and 7,c7 related to rehabilitation or construction1 and1 if approved by the ,secretary1 in additional in-demand industry sectors or occupations in the region in which the program operates2 7ii7 occupational skills training2 7iii7 other paid and unpaid work experiences1 including internships and job shadowing2 7iv7 services and activities designed to meet the educational needs of participants1 including-- 7,i7 basic skills instruction and remedial education2 7,,ii7 language instruction educational programs for participants who are ,english language learners2 7,,iii7 secondary education services and activities1 including tutoring1 study skills training1 and school dropout prevention and recovery activities1 designed to lead to the attainment of a secondary school diploma or its recognized equivalent 7including recognized certificates of attendance or similar documents for individuals with disabilities72 7,,iv7 counseling and assistance in obtaining postsecondary education and required financial aid2 and 7,v7 alternative secondary school services2 7v7 counseling services and related activities1 such as comprehensive guidance and counseling on drug and alcohol abuse and referral2 7vi7 activities designed to develop employment and leadership skills1 which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors1 and activities related to youth policy committees that participate in decision-making related to the program2 7vii7 supportive services and provision of need-based stipends necessary to enable individuals to participate in the program and to assist individuals1 for a period not to exceed #ab months after the completion of training1 in obtaining or retaining employment1 or applying for and transitioning to postsecondary education or training2 and 7viii7 job search and assistance4 7,b7 ,supervision and training for participants in the rehabilitation or construction of housing1 including residential housing for homeless individuals or low-income families1 or transitional housing for homeless individuals1 and1 if approved by the ,secretary1 in additional in-demand industry sectors or occupations in the region in which the program operates4 7,c7 ,supervision and training for participants-- 7i7 in the rehabilitation or construction of community and other public facilities1 except that not more than #ae percent of funds appropriated to carry out this section may be used for such supervision and training2 and 7ii7 if approved by the ,secretary1 in additional in-demand industry sectors or occupations in the region in which the program operates4 7,d7 ,payment of administrative costs of the applicant1 including recruitment and selection of participants1 except that not more than #aj percent of the amount of assistance provided under this subsection to the grant recipient may be used for such costs4 7,e7 ,adult mentoring4 7,f7 ,provision of wages1 stipends1 or benefits to participants in the program4 7,g7 ,ongoing training and technical assistance that are related to developing and carrying out the program4 7,h7 ,follow-up services4 7#c7 ,application 7,a7 ,form and procedure ,to be qualified to receive a grant under this subsection1 an eligible entity shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,minimum requirements ,the ,secretary shall require that the application contain1 at a minimum-- 7i7 labor market information for the labor market area where the proposed program will be implemented1 including both current data 7as of the date of submission of the application7 and projections on career opportunities in construction and in-demand industry sectors or occupations2 7ii7 a request for the grant1 specifying the amount of the grant requested and its proposed uses2 7iii7 a description of the applicant and a statement of its qualifications1 including a description of the applicant's relationship with local boards1 one-stop operators1 local unions1 entities carrying out registered apprenticeship programs1 other community groups1 and employers1 and the applicant's past experience1 if any1 with rehabilitation or construction of housing or public facilities1 and with youth education and employment training programs2 7iv7 a description of the proposed site for the proposed program2 7v7 a description of the educational and job training activities1 work opportunities1 postsecondary education and training opportunities1 and other services that will be provided to participants1 and how those activities1 opportunities1 and services will prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause 7i72 7vi7 7,i7 a description of the proposed activities to be undertaken under the grant related to rehabilitation or construction1 and1 in the case of an applicant requesting approval from the ,secretary to also carry out additional activities related to in-demand industry sectors or occupations1 a description of such additional proposed activities2 and 7,,ii7 the anticipated schedule for carrying out all activities proposed under subclause 7,i72 7vii7 a description of the manner in which eligible youth will be recruited and selected as participants1 including a description of arrangements that will be made with local boards1 one-stop operators1 faith- and community-based organizations1 ,state educational agencies or local educational agencies 7including agencies of ,indian tribes71 public assistance agencies1 the courts of jurisdiction1 agencies operating shelters for homeless individuals and other agencies that serve youth who are homeless individuals1 foster care agencies1 and other appropriate public and private agencies2 7viii7 a description of the special outreach efforts that will be undertaken to recruit eligible young women 7including young women with dependent children7 as participants2 7ix7 a description of the specific role of employers in the proposed program1 such as their role in developing the proposed program and assisting in service provision and in placement activities2 7x7 a description of how the proposed program will be coordinated with other ,federal1 ,state1 and local activities and activities conducted by ,indian tribes1 such as local workforce investment activities1 career and technical education and training programs1 adult and language instruction educational programs1 activities conducted by public schools1 activities conducted by community colleges1 national service programs1 and other job training provided with funds available under this title2 7xi7 assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program2 7xii7 a description of the levels of performance to be achieved with respect to the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii72 7xiii7 a description of the applicant's relationship with local building trade unions regarding their involvement in training to be provided through the proposed program1 the relationship of the proposed program to established registered apprenticeship programs and employers1 the ability of the applicant to grant an industry-recognized certificate or certification through the program1 and the quality of the program leading to the certificate or certification2 7xiv7 a description of activities that will be undertaken to develop the leadership skills of participants2 7xv7 a detailed budget and a description of the system of fiscal controls1 and auditing and accountability procedures1 that will be used to ensure fiscal soundness for the proposed program2 7xvi7 a description of the commitments for any additional resources 7in addition to the funds made available through the grant7 to be made available to the proposed program from-- 7,i7 the applicant2 7,,ii7 recipients of other ,federal1 ,state1 or local housing and community development assistance that will sponsor any part of the rehabilitation or construction1 operation and maintenance1 or other housing and community development activities undertaken as part of the proposed program2 or 7,,iii7 entities carrying out other ,federal1 ,state1 or local activities or activities conducted by ,indian tribes1 including career and technical education and training programs1 adult and language instruction educational programs1 and job training provided with funds available under this title2 7xvii7 information identifying1 and a description of1 the financing proposed for any-- 7,i7 rehabilitation of the property involved2 7,,ii7 acquisition of the property2 or 7,,iii7 construction of the property2 7xviii7 information identifying1 and a description of1 the entity that will operate and manage the property2 7xix7 information identifying1 and a description of1 the data collection systems to be used2 7xx7 a certification1 by a public official responsible for the housing strategy for the ,state or unit of general local government within which the proposed program is located1 that the proposed program is consistent with the housing strategy2 and 7xxi7 a certification that the applicant will comply with the requirements of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq47 and will affirmatively further fair housing4 7#d7 ,selection criteria ,for an applicant to be eligible to receive a grant under this subsection1 the applicant and the applicant's proposed program shall meet such selection criteria as the ,secretary shall establish under this section1 which shall include criteria relating to-- 7,a7 the qualifications or potential capabilities of an applicant2 7,b7 an applicant's potential for developing a successful ,youth,build program2 7,c7 the need for an applicant's proposed program1 as determined by the degree of economic distress of the community from which participants would be recruited 7measured by indicators such as poverty1 youth unemployment1 and the number of individuals who have dropped out of secondary school7 and of the community in which the housing and community and public facilities proposed to be rehabilitated or constructed is located 7measured by indicators such as incidence of homelessness1 shortage of affordable housing1 and poverty72 7,d7 the commitment of an applicant to providing skills training1 leadership development1 and education to participants2 7,e7 the focus of a proposed program on preparing youth for in-demand industry sectors or occupations1 or postsecondary education and training opportunities2 7,f7 the extent of an applicant's coordination of activities to be carried out through the proposed program with local boards1 one-stop operators1 and one-stop partners participating in the operation of the one-stop delivery system involved1 or the extent of the applicant's good faith efforts in achieving such coordination2 7,g7 the extent of the applicant's coordination of activities with public education1 criminal justice1 housing and community development1 national service1 or postsecondary education or other systems that relate to the goals of the proposed program2 7,h7 the extent of an applicant's coordination of activities with employers in the local area involved2 7,i7 the extent to which a proposed program provides for inclusion of tenants who were previously homeless individuals in the rental housing provided through the program2 7,j7 the commitment of additional resources 7in addition to the funds made available through the grant7 to a proposed program by-- 7i7 an applicant2 7ii7 recipients of other ,federal1 ,state1 or local housing and community development assistance who will sponsor any part of the rehabilitation or construction1 operation and maintenance1 or other housing and community development activities undertaken as part of the proposed program2 or 7iii7 entities carrying out other ,federal1 ,state1 or local activities or activities conducted by ,indian tribes1 including career and technical education and training programs1 adult and language instruction educational programs1 and job training provided with funds available under this title2 7,k7 the applicant's potential to serve different regions1 including rural areas and ,states that have not previously received grants for ,youth,build programs2 and 7,l7 such other factors as the ,secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner4 7#e7 ,approval ,to the extent practicable1 the ,secretary shall notify each applicant1 not later than #e months after the date of receipt of the application by the ,secretary1 whether the application is approved or not approved4 7d7 ,use of housing units ,residential housing units rehabilitated or constructed using funds made available under subsection 7c71 shall be available solely-- 7#a7 for rental by1 or sale to1 homeless individuals or low-income families2 or 7#b7 for use as transitional or permanent housing1 for the purpose of assisting in the movement of homeless individuals to independent living4 7e7 ,additional program requirements 7#a7 ,eligible participants 7,a7 ,in general ,except as provided in subparagraph 7,b71 an individual may participate in a ,youth,build program only if such individual is-- 7i7 not less than age #af and not more than age #bd1 on the date of enrollment2 7ii7 a member of a low-income family1 a youth in foster care 7including youth aging out of foster care71 a youth offender1 a youth who is an individual with a disability1 a child of incarcerated parents1 or a migrant youth2 and 7iii7 a school dropout1 or an individual who was a school dropout and has subsequently reenrolled4 7,b7 ,exception for individuals not meeting income or educational need requirements ,not more than #be percent of the participants in such program may be individuals who do not meet the requirements of clause 7ii7 or 7iii7 of subparagraph 7,a71 but who-- 7i7 are basic skills deficient1 despite attainment of a secondary school diploma or its recognized equivalent 7including recognized certificates of attendance or similar documents for individuals with disabilities72 or 7ii7 have been referred by a local secondary school for participation in a ,youth,build program leading to the attainment of a secondary school diploma4 7#b7 ,participation limitation ,an eligible individual selected for participation in a ,youth,build program shall be offered full-time participation in the program for a period of not less than #f months and not more than #bd months4 7#c7 ,minimum time devoted to educational services and activities ,a ,youth,build program receiving assistance under subsection 7c7 shall be structured so that participants in the program are offered-- 7,a7 education and related services and activities designed to meet educational needs1 such as those specified in clauses 7iv7 through 7vii7 of subsection 7c77#b77;,a71 during at least #ej percent of the time during which the participants participate in the program2 and 7,b7 work and skill development activities1 such as those specified in clauses 7i71 7ii71 7iii71 and 7viii7 of subsection 7c77#b77;,a71 during at least #dj percent of the time during which the participants participate in the program4 7#d7 ,authority restriction ,no provision of this section may be construed to authorize any agency1 officer1 or employee of the ,united ,states to exercise any direction1 supervision1 or control over the curriculum1 program of instruction1 administration1 or personnel of any educational institution 7including a school7 or school system1 or over the selection of library resources1 textbooks1 or other printed or published instructional materials by any educational institution or school system4 7#e7 ,state and local standards ,all educational programs and activities supported with funds provided under subsection 7c7 shall be consistent with applicable ,state and local educational standards4 ,standards and procedures for the programs and activities that relate to awarding academic credit for and certifying educational attainment in such programs and activities shall be consistent with applicable ,state and local educational standards4 7f7 ,levels of performance and indicators 7#a7 ,in general ,the ,secretary shall annually establish expected levels of performance for ,youth,build programs relating to each of the primary indicators of performance for eligible youth activities described in section #aaf7;b77#b77;,a77ii74 7#b7 ,additional indicators ,the ,secretary may establish expected levels of performance for additional indicators for ,youth,build programs1 as the ,secretary determines appropriate4 7g7 ,management and technical assistance 7#a7 ,secretary assistance ,the ,secretary may enter into contracts with #a or more entities to provide assistance to the ,secretary in the management1 supervision1 and coordination of the program carried out under this section4 7#b7 ,technical assistance 7,a7 ,contracts and grants ,the ,secretary shall enter into contracts with or make grants to #a or more qualified national nonprofit agencies1 in order to provide training1 information1 technical assistance1 program evaluation1 and data management to recipients of grants under subsection 7c74 7,b7 ,reservation of funds ,of the amounts available under subsection 7i7 to carry out this section for a fiscal year1 the ,secretary shall reserve #e percent to carry out subparagraph 7,a74 7#c7 ,capacity building grants 7,a7 ,in general ,in each fiscal year1 the ,secretary may use not more than #c percent of the amounts available under subsection 7i7 to award grants to #a or more qualified national nonprofit agencies to pay for the ,federal share of the cost of capacity building activities4 7,b7 ,federal share ,the ,federal share of the cost described in subparagraph 7,a7 shall be #be percent4 ,the non-,federal share shall be provided from private sources4 7h7 ,subgrants and contracts ,each recipient of a grant under subsection 7c7 to carry out a ,youth,build program shall provide the services and activities described in this section directly or through subgrants1 contracts1 or other arrangements with local educational agencies1 institutions of higher education1 ,state or local housing development agencies1 other public agencies1 including agencies of ,indian tribes1 or private organizations4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #gg1ecd1jjj for fiscal year #bjae2 7#b7 #hc1ebc1jjj for fiscal year #bjaf2 7#c7 #he1bef1jjj for fiscal year #bjag2 7#d7 #hg1adg1jjj for fiscal year #bjah2 7#e7 #hi1aif1jjj for fiscal year #bjai2 and 7#f7 #ia1jhg1jjj for fiscal year #bjbj4 #agb4 ,authorization of appropriations 7a7 ,native ,american programs ,there are authorized to be appropriated to carry out section #aff 7not including subsection 7k7 of such section7-- 7#a7 #df1jhb1jjj for fiscal year #bjae2 7#b7 #di1fda1jjj for fiscal year #bjaf2 7#c7 #ej1fga1jjj for fiscal year #bjag2 7#d7 #ea1gie1jjj for fiscal year #bjah2 7#e7 #ec1jac1jjj for fiscal year #bjai2 and 7#f7 #ed1acg1jjj for fiscal year #bjbj4 7b7 ,migrant and seasonal farmworker programs ,there are authorized to be appropriated to carry out section #afg-- 7#a7 #ha1hif1jjj for fiscal year #bjae2 7#b7 #hh1bbb1jjj for fiscal year #bjaf2 7#c7 #ij1jeb1jjj for fiscal year #bjag2 7#d7 #ib1jej1jjj for fiscal year #bjah2 7#e7 #id1bad1jjj for fiscal year #bjai2 and 7#f7 #if1baa1jjj for fiscal year #bjbj4 7c7 ,technical assistance ,there are authorized to be appropriated to carry out section #afh-- 7#a7 #c1jjj1jjj for fiscal year #bjae2 7#b7 #c1bcb1jjj for fiscal year #bjaf2 7#c7 #c1bii1jjj for fiscal year #bjag2 7#d7 #c1cgb1jjj for fiscal year #bjah2 7#e7 #c1dea1jjj for fiscal year #bjai2 and 7#f7 #c1ebd1jjj for fiscal year #bjbj4 7d7 ,evaluations and research ,there are authorized to be appropriated to carry out section #afi-- 7#a7 #ia1jjj1jjj for fiscal year #bjae2 7#b7 #ih1jbi1jjj for fiscal year #bjaf2 7#c7 #ajj1jfc1jjj for fiscal year #bjag2 7#d7 #ajb1bhb1jjj for fiscal year #bjah2 7#e7 #ajd1fhg1jjj for fiscal year #bjai2 and 7#f7 #ajf1ijf1jjj for fiscal year #bjbj4 7e7 ,assistance for veterans ,if1 as of the date of enactment of this ,act1 any unobligated funds appropriated to carry out section #afh of the ,workforce ,investment ,act of #aiih1 as in effect on the day before the date of enactment of this ,act1 remain available1 the ,secretary of ,labor shall continue to use such funds to carry out such section1 as in effect on such day1 until all of such funds are expended4 7f7 ,assistance for eligible workers ,if1 as of the date of enactment of this ,act1 any unobligated funds appropriated to carry out subsections 7f7 and 7g7 of section #agc of the ,workforce ,investment ,act of #aiih1 as in effect on the day before the date of enactment of this ,act1 remain available1 the ,secretary of ,labor shall continue to use such funds to carry out such subsections1 as in effect on such day1 until all of such funds are expended4 ,e ,administration #aha4 ,requirements and restrictions 7a7 ,benefits 7#a7 ,wages 7,a7 ,in general ,individuals in on-the-job training or individuals employed in activities under this title shall be compensated at the same rates1 including periodic increases1 as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills1 and such rates shall be in accordance with applicable law1 but in no event less than the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the applicable ,state or local minimum wage law4 7,b7 ,rule of construction ,the reference in subparagraph 7,a7 to section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 shall not be applicable for individuals in territorial jurisdictions in which section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 does not apply4 7#b7 ,treatment of allowances1 earnings1 and payments ,allowances1 earnings1 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 need1 other than as provided under the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq474 7b7 ,labor standards 7#a7 ,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 system4 7#b7 ,displacement 7,a7 ,prohibition ,a participant in a program or activity authorized under this title 7referred to in this section as a specified activity7 shall not displace 7including a partial displacement1 such as a reduction in the hours of nonovertime work1 wages1 or employment benefits7 any currently employed employee 7as of the date of the participation74 7,b7 ,prohibition on impairment of contracts ,a specified activity shall not impair an existing contract for services or collective bargaining agreement1 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 concerned4 7#c7 ,other prohibitions ,a participant in a specified activity shall not be employed in a job if-- 7,a7 any other individual is on layoff from the same or any substantially equivalent job2 7,b7 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 participant2 or 7,c7 the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals 7as of the date of the participation74 7#d7 ,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 activities4 ,to the extent that a ,state workers' compensation law applies1 workers' compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the ,state in similar employment4 7#e7 ,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 work4 7#f7 ,opportunity to submit comments ,interested members of the public1 including representatives of businesses and of labor organizations1 shall be provided an opportunity to submit comments to the ,secretary with respect to programs and activities proposed to be funded under subtitle ,b4 7#g7 ,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 assist1 promote1 or deter union organizing4 7c7 ,grievance procedure 7#a7 ,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 parties4 ,such procedure shall include an opportunity for a hearing and be completed within #fj days after the filing of the grievance or complaint4 7#b7 ,investigation 7,a7 ,in general ,the ,secretary shall investigate an allegation of a violation described in paragraph 7#a7 if-- 7i7 a decision relating to such violation has not been reached within #fj days after the date of the filing of the grievance or complaint and either party appeals to the ,secretary2 or 7ii7 a decision relating to such violation has been reached within such #fj days and the party to which such decision is adverse appeals such decision to the ,secretary4 7,b7 ,additional requirement ,the ,secretary shall make a final determination relating to an appeal made under subparagraph 7,a7 no later than #abj days after receiving such appeal4 7#c7 ,remedies ,remedies that may be imposed under this section for a violation of any requirement of this title shall be limited-- 7,a7 to suspension or termination of payments under this title2 7,b7 to prohibition of placement of a participant with an employer that has violated any requirement under this title2 7,c7 where applicable1 to reinstatement of an employee1 payment of lost wages and benefits1 and reestablishment of other relevant terms1 conditions1 and privileges of employment2 and 7,d7 where appropriate1 to other equitable relief4 7#d7 ,rule of construction ,nothing in paragraph 7#c7 shall be construed to prohibit a grievant or complainant from pursuing a remedy authorized under another ,federal1 ,state1 or local law for a violation of this title4 7d7 ,relocation 7#a7 ,prohibition on use of funds to encourage or induce relocation ,no funds provided under this title shall be used1 or proposed for use1 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 ,states4 7#b7 ,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 training1 on-the-job training1 incumbent worker training1 transitional employment1 or company-specific assessments of job applicants or employees1 for any business or part of a business that has relocated1 until the date that is #abj days after the date on which such business commences operations at the new location1 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 ,states4 7#c7 ,repayment ,if the ,secretary determines that a violation of paragraph 7#a7 or 7#b7 has occurred1 the ,secretary shall require the ,state that has violated such paragraph 7or that has provided funding to an entity that has violated such paragraph7 to repay to the ,united ,states an amount equal to the amount expended in violation of such paragraph4 7e7 ,limitation on use of funds ,no funds available to carry out an activity under this title shall be used for employment generating activities1 investment in revolving loan funds1 capitalization of businesses1 investment in contract bidding resource centers1 economic development activities1 or similar activities1 that are not directly related to training for eligible individuals under this title4 ,no funds received to carry out an activity under subtitle ,b shall be used for foreign travel4 7f7 ,testing and sanctioning for use of controlled substances 7#a7 ,in general ,notwithstanding any other provision of law1 a ,state shall not be prohibited by the ,federal ,government from-- 7,a7 testing participants in programs under subtitle ,b for the use of controlled substances2 and 7,b7 sanctioning such participants who test positive for the use of such controlled substances4 7#b7 ,additional requirements 7,a7 ,period of sanction ,in sanctioning participants in a program under subtitle ,b who test positive for the use of controlled substances-- 7i7 with respect to the first occurrence for which a participant tests positive1 a ,state may exclude the participant from the program for a period not to exceed #f months2 and 7ii7 with respect to the second occurrence and each subsequent occurrence for which a participant tests positive1 a ,state may exclude the participant from the program for a period not to exceed #b years4 7,b7 ,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 ,state4 7,c7 ,privacy ,a ,state shall establish procedures for testing participants for the use of controlled substances that ensure a maximum degree of privacy for the participants4 7#c7 ,funding requirement ,in testing and sanctioning of participants for the use of controlled substances in accordance with this subsection1 the only ,federal funds that a ,state may use are the amounts made available for the administration of statewide workforce investment activities under section #acd7;a77#c77;,b74 7g7 ,subgrant authority ,a recipient of grant funds under this title shall have the authority to enter into subgrants in order to carry out the grant1 subject to such conditions as the ,secretary may establish4 #ahb4 ,prompt allocation of funds 7a7 ,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 ,secretary4 ,all data relating to disadvantaged adults and disadvantaged youth shall be based on the most recent satisfactory data from the ,bureau of the ,census4 7b7 ,publication in ,federal register relating to formula funds ,whenever the ,secretary allots funds required to be allotted under this title1 the ,secretary shall publish in a timely fashion in the ,federal ,register the amount proposed to be distributed to each recipient of the funds4 7c7 ,requirement for funds distributed by formula ,all funds required to be allotted under section #abg or #acb shall be allotted within #de days after the date of enactment of the ,act appropriating the funds1 except that1 if such funds are appropriated in advance as authorized by section #ahi7;g71 such funds shall be allotted or allocated not later than the ,march #ca preceding the program year for which such funds are to be available for obligation4 7d7 ,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 title1 the ,secretary shall1 not later than #cj days prior to such allotment or allocation1 publish for comment in the ,federal ,register the formula1 the rationale for the formula1 and the proposed amounts to be distributed to each ,state and local area4 ,after consideration of any comments received1 the ,secretary shall publish final allotments and allocations in the ,federal ,register4 7e7 ,availability of funds ,funds shall be made available under section #abh1 and funds shall be made available under section #acc1 for a local area not later than #cj days after the date the funds are made available to the ,governor involved1 under section #abg or #acb 7as the case may be71 or #g days after the date the local plan for the area is approved1 whichever is later4 #ahc4 ,monitoring 7a7 ,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 title1 including the regulations issued under this title4 7b7 ,investigations ,the ,secretary may investigate any matter the ,secretary determines to be necessary to determine the compliance of the recipients with this title1 including the regulations issued under this title4 ,the investigations authorized by this subsection may include examining records 7including making certified copies of the records71 questioning employees1 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 kept4 7c7 ,additional requirement ,for the purpose of any investigation or hearing conducted under this title by the ,secretary1 the provisions of section #i of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #di7 7relating to the attendance of witnesses and the production of documents7 apply to the ,secretary1 in the same manner and to the same extent as the provisions apply to the ,federal ,trade ,commission4 #ahd4 ,fiscal controls2 sanctions 7a7 ,establishment of fiscal controls by ,states 7#a7 ,in general ,each ,state shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of1 and accounting for1 ,federal funds allocated to local areas under subtitle ,b4 ,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 ,state4 7#b7 ,cost principles 7,a7 ,in general ,each ,state 7including the ,governor of the ,state71 local area 7including the chief elected official for the area71 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 funds4 7,b7 ,exception ,the funds made available to a ,state for administration of statewide workforce investment activities in accordance with section #acd7;a77#c77;,b7 shall be allocable to the overall administration of workforce investment activities1 but need not be specifically allocable to-- 7i7 the administration of adult employment and training activities2 7ii7 the administration of dislocated worker employment and training activities2 or 7iii7 the administration of youth workforce investment activities4 7#c7 ,uniform administrative requirements 7,a7 ,in general ,each ,state 7including the ,governor of the ,state71 local area 7including the chief elected official for the area71 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 funds1 as promulgated in circulars or rules of the ,office of ,management and ,budget4 7,b7 ,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 basis4 7#d7 ,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 7#c74 7#e7 ,action by ,governor ,if the ,governor determines that a local area is not in compliance with the uniform administrative requirements referred to in paragraph 7#c71 the ,governor shall-- 7,a7 require corrective action to secure prompt compliance with the requirements2 and 7,b7 impose the sanctions provided under subsection 7b7 in the event of failure to take the required corrective action4 7#f7 ,certification ,the ,governor shall1 every #b years1 certify to the ,secretary that-- 7,a7 the ,state has implemented the uniform administrative requirements referred to in paragraph 7#c72 7,b7 the ,state has monitored local areas to ensure compliance with the uniform administrative requirements as required under paragraph 7#d72 and 7,c7 the ,state has taken appropriate action to secure compliance with the requirements pursuant to paragraph 7#e74 7#g7 ,action by the ,secretary ,if the ,secretary determines that the ,governor has not fulfilled the requirements of this subsection1 the ,secretary shall-- 7,a7 require corrective action to secure prompt compliance with the requirements of this subsection2 and 7,b7 impose the sanctions provided under subsection 7e7 in the event of failure of the ,governor to take the required appropriate action to secure compliance with the requirements4 7b7 ,substantial violation 7#a7 ,action by ,governor ,if1 as a result of financial and compliance audits or otherwise1 the ,governor determines that there is a substantial violation of a specific provision of this title1 and corrective action has not been taken1 the ,governor shall-- 7,a7 issue a notice of intent to revoke approval of all or part of the local plan affected2 or 7,b7 impose a reorganization plan1 which may include-- 7i7 decertifying the local board involved2 7ii7 prohibiting the use of eligible providers2 7iii7 selecting an alternative entity to administer the program for the local area involved2 7iv7 merging the local area into one or more other local areas2 or 7v7 making such other changes as the ,secretary or ,governor determines to be necessary to secure compliance with the provision4 7#b7 ,appeal 7,a7 ,in general ,the actions taken by the ,governor pursuant to subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 may be appealed to the ,secretary and shall not become effective until-- 7i7 the time for appeal has expired2 or 7ii7 the ,secretary has issued a decision4 7,b7 ,additional requirement ,the ,secretary shall make a final decision under subparagraph 7,a7 not later than #de days after the receipt of the appeal4 7#c7 ,action by the ,secretary ,if the ,governor fails to take promptly an action required under paragraph 7#a71 the ,secretary shall take such action4 7c7 ,repayment of certain amounts to the ,united ,states 7#a7 ,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 title4 7#b7 ,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 title1 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 title1 except as provided under subsection 7d77#a74 7#c7 ,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 title1 the ,governor of the ,state may use an amount deducted under paragraph 7#d7 to repay the funds1 except as provided under subsection 7e74 7#d7 ,deduction by ,state ,the ,governor may deduct an amount equal to the misexpenditure described in paragraph 7#c7 from subsequent program year 7subsequent to the program year for which the determination was made7 allocations to the local area from funds reserved for the administrative costs of the local programs involved1 as appropriate4 7#e7 ,limitations ,a deduction made by a ,state as described in paragraph 7#d7 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 title4 7d7 ,repayment of amounts 7#a7 ,in general ,each recipient of funds under this title shall be liable to repay the amounts described in subsection 7c77#a71 from funds other than funds received under this title1 upon a determination by the ,secretary that the misexpenditure of the amounts was due to willful disregard of the requirements of this title1 gross negligence1 failure to observe accepted standards of administration1 or a pattern of misexpenditure described in subsection 7c77#a74 ,no such determination shall be made under this subsection or subsection 7c7 until notice and opportunity for a fair hearing have been given to the recipient4 7#b7 ,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 7including applicable regulations7 by a subgrantee or contractor of such recipient1 the ,secretary shall first determine whether such recipient has adequately demonstrated that the recipient has-- 7,a7 established and adhered to an appropriate system1 for entering into and monitoring subgrant agreements and contracts with subgrantees and contractors1 that contains acceptable standards for ensuring accountability2 7,b7 entered into a written subgrant agreement or contract with such a subgrantee or contractor that established clear goals and obligations in unambiguous terms2 7,c7 acted with due diligence to monitor the implementation of the subgrant agreement or contract1 including carrying out the appropriate monitoring activities 7including audits7 at reasonable intervals2 and 7,d7 taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of this title1 including regulations issued under this title1 by such subgrantee or contractor4 7#c7 ,waiver ,if the ,secretary determines that the recipient has demonstrated substantial compliance with the requirements of paragraph 7#b71 the ,secretary may waive the imposition of sanctions authorized by this section upon such recipient4 ,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 title1 including regulations issued under this title4 7e7 ,immediate termination or suspension of assistance in emergency situations ,in emergency situations1 if the ,secretary determines it is necessary to protect the integrity of the funds or ensure the proper operation of the program or activity involved1 the ,secretary may immediately terminate or suspend financial assistance1 in whole or in part1 to the recipient if the recipient is given prompt notice and the opportunity for a subsequent hearing within #cj days after such termination or suspension4 ,the ,secretary shall not delegate any of the functions or authority specified in this subsection1 other than to an officer whose appointment is required to be made by and with the advice and consent of the ,senate4 7f7 ,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 involved1 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 title1 or has testified or is about to testify in any such proceeding or an investigation under or related to this title1 or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provisions of this title1 including regulations issued under this title1 the ,secretary shall1 within #cj days1 take such action or order such corrective measures1 as necessary1 with respect to the recipient or the aggrieved individual1 or both4 7g7 ,remedies ,the remedies described in this section shall not be considered to be the exclusive remedies available for violations described in this section4 #ahe4 ,reports2 recordkeeping2 investigations 7a7 ,recipient recordkeeping and reports 7#a7 ,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 unlawfully4 7#b7 ,records and reports regarding general performance ,every such recipient shall maintain such records and submit such reports1 in such form and containing such information1 as the ,secretary may require regarding the performance of programs and activities carried out under this title4 ,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 ,congress1 in which case an estimate regarding such information may be provided4 7#c7 ,maintenance of standardized records ,in order to allow for the preparation of the reports required under subsection 7c71 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 records4 7#d7 ,availability to the public 7,a7 ,in general ,except as provided in subparagraph 7,b71 records maintained by such recipients pursuant to this subsection shall be made available to the public upon request4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to-- 7i7 information1 the disclosure of which would constitute a clearly unwarranted invasion of personal privacy2 and 7ii7 trade secrets1 or commercial or financial information1 that is-- 7,i7 obtained from a person2 and 7,,ii7 privileged or confidential4 7,c7 ,fees to recover costs ,such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph 7,a74 7b7 ,investigations of use of funds 7#a7 ,in general 7,a7 ,secretary ,in order to evaluate compliance with the provisions of this title1 the ,secretary shall conduct1 in several ,states1 in each fiscal year1 investigations of the use of funds received by recipients under this title4 7,b7 ,comptroller general of the ,united ,states ,in order to ensure compliance with the provisions of this title1 the ,comptroller ,general of the ,united ,states may conduct investigations of the use of funds received under this title by any recipient4 7#b7 ,prohibition ,in conducting any investigation under this title1 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 recipient4 7#c7 ,audits 7,a7 ,in general ,in carrying out any audit under this title 7other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct71 either directly or through grant or contract1 the ,secretary1 the ,inspector ,general of the ,department of ,labor1 or the ,comptroller ,general of the ,united ,states shall furnish to the ,state1 recipient1 or other entity to be audited1 advance notification of the overall objectives and purposes of the audit1 and any extensive recordkeeping or data requirements to be met1 not later than #ad days 7or as soon as practicable7 prior to the commencement of the audit4 7,b7 ,notification requirement ,if the scope1 objectives1 or purposes of the audit change substantially during the course of the audit1 the entity being audited shall be notified of the change as soon as practicable4 7,c7 ,additional requirement ,the reports on the results of such audits shall cite the law1 regulation1 policy1 or other criteria applicable to any finding contained in the reports4 7,d7 ,rule of construction ,nothing contained in this title shall be construed so as to be inconsistent with the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 or government auditing standards issued by the ,comptroller ,general of the ,united ,states4 7c7 ,grantee information responsibilities ,each ,state1 each local board1 and each recipient 7other than a subrecipient1 subgrantee1 or contractor of a recipient7 receiving funds under this title-- 7#a7 shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the ,secretary2 7#b7 shall prescribe and maintain comparable management information systems1 in accordance with guidelines that shall be prescribed by the ,secretary1 designed to facilitate the uniform compilation1 cross tabulation1 and analysis of programmatic1 participant1 and financial data1 on statewide1 local area1 and other appropriate bases1 necessary for reporting1 monitoring1 and evaluating purposes1 including data necessary to comply with section #ahh2 7#c7 shall monitor the performance of providers in complying with the terms of grants1 contracts1 or other agreements made pursuant to this title2 and 7#d7 shall1 to the extent practicable1 submit or make available 7including through electronic means7 any reports1 records1 plans1 or any other data that are required to be submitted or made available1 respectively1 under this title4 7d7 ,information ,to be included in reports 7#a7 ,in general ,the reports required in subsection 7c7 shall include information regarding programs and activities carried out under this title pertaining to-- 7,a7 the relevant demographic characteristics 7including race1 ethnicity1 sex1 and age7 and other related information regarding participants2 7,b7 the programs and activities in which participants are enrolled1 and the length of time that participants are engaged in such programs and activities2 7,c7 outcomes of the programs and activities for participants1 including the occupations of participants1 and placement for participants in nontraditional employment2 7,d7 specified costs of the programs and activities2 and 7,e7 information necessary to prepare reports to comply with section #ahh4 7#b7 ,additional requirement ,the ,secretary shall ensure that all elements of the information required for the reports described in paragraph 7#a7 are defined and that the information is reported uniformly4 7e7 ,quarterly financial reports 7#a7 ,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 title4 ,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 involved4 7#b7 ,additional requirement ,each ,state shall submit to the ,secretary1 and the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 on a quarterly basis1 a summary of the reports submitted to the ,governor pursuant to paragraph 7#a74 7f7 ,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-- 7#a7 any income or profits earned1 including such income or profits earned by subrecipients2 and 7#b7 any costs incurred 7such as stand-in costs7 that are otherwise allowable except for funding limitations4 7g7 ,cost categories ,in requiring entities to maintain records of costs by cost category under this title1 the ,secretary shall require only that the costs be categorized as administrative or programmatic costs4 #ahf4 ,administrative adjudication 7a7 ,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 applicant1 the applicant may request a hearing before an administrative law judge of the ,department of ,labor4 ,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 #ahd4 7b7 ,appeal ,the decision of the administrative law judge shall constitute final action by the ,secretary unless1 within #bj days after receipt of the decision of the administrative law judge1 a party dissatisfied with the decision or any part of the decision has filed exceptions with the ,secretary specifically identifying the procedure1 fact1 law1 or policy to which exception is taken4 ,any exception not specifically urged during the #bj-;day period shall be deemed to have been waived4 ,after the #bj-;day period the decision of the administrative law judge shall become the final decision of the ,secretary unless the ,secretary1 within #cj days after such filing1 notifies the parties that the case involved has been accepted for review4 7c7 ,time limit ,any case accepted for review by the ,secretary under subsection 7b7 shall be decided within #ahj days after such acceptance4 ,if the case is not decided within the #ahj-;day period1 the decision of the administrative law judge shall become the final decision of the ,secretary at the end of the #ahj-;day period4 7d7 ,additional requirement ,the provisions of section #ahg shall apply to any final action of the ,secretary under this section4 #ahg4 ,judicial review 7a7 ,review 7#a7 ,petition ,with respect to any final order by the ,secretary under section #ahf by which the ,secretary awards1 declines to award1 or only conditionally awards1 financial assistance under this title1 or any final order of the ,secretary under section #ahf with respect to a corrective action or sanction imposed under section #ahd1 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 involved1 by filing a review petition within #cj days after the date of issuance of such final order4 7#b7 ,action on petition ,the clerk of the court shall transmit a copy of the review petition to the ,secretary1 who shall file the record on which the final order was entered as provided in section #baab of title #bh1 ,united ,states ,code4 ,the filing of a review petition shall not stay the order of the ,secretary1 unless the court orders a stay4 ,petitions filed under this subsection shall be heard expeditiously1 if possible within #aj days after the date of filing of a reply to the petition4 7#c7 ,standard and scope of review ,no objection to the order of the ,secretary shall be considered by the court unless the objection was specifically urged1 in a timely manner1 before the ,secretary4 ,the review shall be limited to questions of law and the findings of fact of the ,secretary shall be conclusive if supported by substantial evidence4 7b7 ,judgment ,the court shall have jurisdiction to make and enter a decree affirming1 modifying1 or setting aside the order of the ,secretary in whole or in part4 ,the judgment of the court regarding the order shall be final1 subject to certiorari review by the ,supreme ,court as provided in section #abed7a7 of title #bh1 ,united ,states ,code4 #ahh4 ,nondiscrimination 7a7 ,in general 7#a7 ,federal financial assistance ,for the purpose of applying the prohibitions against discrimination on the basis of age under the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #faja et seq471 on the basis of disability under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 on the basis of sex under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 or on the basis of race1 color1 or national origin under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 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 assistance4 7#b7 ,prohibition of discrimination regarding participation1 benefits1 and employment ,no individual shall be excluded from participation in1 denied the benefits of1 subjected to discrimination under1 or denied employment in the administration of or in connection with1 any such program or activity because of race1 color1 religion1 sex 7except as otherwise permitted under title ,,ix of the ,education ,amendments of #aigb71 national origin1 age1 disability1 or political affiliation or belief4 7#c7 ,prohibition on assistance for facilities for sectarian instruction or religious worship ,participants shall not be employed under this title to carry out the construction1 operation1 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 7except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship1 in a case in which the organization operating the facility is part of a program or activity providing services to participants74 7#d7 ,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 title1 with respect to the terms and conditions affecting1 or rights provided to1 the individual1 solely because of the status of the individual as a participant4 7#e7 ,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 ,states1 lawfully admitted permanent resident aliens1 refugees1 asylees1 and parolees1 and other immigrants authorized by the ,attorney ,general to work in the ,united ,states4 7b7 ,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 7a77#a71 or with paragraph 7#b71 7#c71 7#d71 or 7#e7 of subsection 7a71 including an applicable regulation prescribed to carry out such provision or paragraph1 the ,secretary shall notify such ,state or recipient and shall request that the ,state or recipient comply4 ,if within a reasonable period of time1 not to exceed #fj days1 the ,state or recipient fails or refuses to comply1 the ,secretary may-- 7#a7 refer the matter to the ,attorney ,general with a recommendation that an appropriate civil action be instituted2 or 7#b7 take such other action as may be provided by law4 7c7 ,action of attorney general ,when a matter is referred to the ,attorney ,general pursuant to subsection 7b77#a71 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 7a77#a7 or in violation of paragraph 7#b71 7#c71 7#d71 or 7#e7 of subsection 7a71 the ,attorney ,general may bring a civil action in any appropriate district court of the ,united ,states for such relief as may be appropriate1 including injunctive relief4 7d7 ,job corps ,for the purposes of this section1 ,job ,corps members shall be considered to be the ultimate beneficiaries of ,federal financial assistance4 7e7 ,regulations ,the ,secretary shall issue regulations necessary to implement this section not later than #a year after the date of enactment of the ,workforce ,innovation and ,opportunity ,act4 ,such regulations shall adopt standards for determining discrimination and procedures for enforcement that are consistent with the ,acts referred to in subsection 7a77#a71 as well as procedures to ensure that complaints filed under this section and such ,acts are processed in a manner that avoids duplication of effort4 #ahi4 ,secretarial administrative authorities and responsibilities 7a7 ,in general ,in accordance with chapter #e of title #e1 ,united ,states ,code1 the ,secretary may prescribe rules and regulations to carry out this title1 only to the extent necessary to administer and ensure compliance with the requirements of this title4 ,such rules and regulations may include provisions making adjustments authorized by section #fejd of title #ca1 ,united ,states ,code4 ,all such rules and regulations shall be published in the ,federal ,register at least #cj days prior to their effective dates4 ,copies of each such rule or regulation shall be transmitted to the appropriate committees of ,congress on the date of such publication and shall contain1 with respect to each material provision of such rule or regulation1 a citation to the particular substantive section of law that is the basis for the provision4 7b7 ,acquisition of certain property and services ,the ,secretary is authorized1 in carrying out this title1 to accept1 purchase1 or lease in the name of the ,department of ,labor1 and employ or dispose of in furtherance of the purposes of this title1 any money or property1 real1 personal1 or mixed1 tangible or intangible1 received by gift1 devise1 bequest1 or otherwise1 and to accept voluntary and uncompensated services notwithstanding the provisions of section #acdb of title #ca1 ,united ,states ,code4 7c7 ,authority ,to enter into certain agreements and ,to make certain expenditures ,the ,secretary may make such grants1 enter into such contracts or agreements1 establish such procedures1 and make such payments1 in installments and in advance or by way of reimbursement1 or otherwise allocate or expend such funds under this title1 as may be necessary to carry out this title1 including making expenditures for construction1 repairs1 and capital improvements1 and including making necessary adjustments in payments on account of over-payments or underpayments4 7d7 ,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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate an annual report regarding the programs and activities funded under this title4 ,the ,secretary shall include in such report-- 7#a7 a summary of the achievements1 failures1 and challenges of the programs and activities in meeting the objectives of this title2 7#b7 a summary of major findings from research1 evaluations1 pilot projects1 and experiments conducted under this title in the fiscal year prior to the submission of the report2 7#c7 recommendations for modifications in the programs and activities based on analysis of such findings2 and 7#d7 such other recommendations for legislative or administrative action as the ,secretary determines to be appropriate4 7e7 ,utilization of services and facilities ,the ,secretary is authorized1 in carrying out this title1 under the same procedures as are applicable under subsection 7c7 or to the extent permitted by law other than this title1 to accept and use the services and facilities of departments1 agencies1 and establishments of the ,united ,states4 ,the ,secretary is also authorized1 in carrying out this title1 to accept and use the services and facilities of the agencies of any ,state or political subdivision of a ,state1 with the consent of the ,state or political subdivision4 7f7 ,obligational authority ,notwithstanding any other provision of this title1 the ,secretary shall have no authority to enter into contracts1 grant agreements1 or other financial assistance agreements under this title1 except to such extent and in such amounts as are provided in advance in appropriations ,acts4 7g7 ,program year 7#a7 ,in general 7,a7 ,program year ,except as provided in subparagraph 7,b71 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 year4 ,the program year shall begin on ,july #a in the fiscal year for which the appropriation is made4 7,b7 ,youth workforce investment activities ,the ,secretary may make available for obligation1 beginning ,april #a of any fiscal year1 funds appropriated for such fiscal year to carry out youth workforce investment activities under subtitle ,b and activities under section #aga4 7#b7 ,availability 7,a7 ,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 #b succeeding program years4 ,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 year4 7,b7 ,certain national activities 7i7 ,in general ,funds obligated for any program year for any program or activity carried out under section #afi shall remain available until expended4 7ii7 ,incremental funding basis ,a contract or arrangement entered into under the authority of subsection 7a7 or 7b7 of section #afi 7relating to evaluations1 research projects1 studies and reports1 and multistate projects71 including a long-term1 nonseverable services contract1 may be funded on an incremental basis with annual appropriations or other available funds4 7,c7 ,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 plan1 an operating plan described in section #aea1 or a plan1 grant agreement1 contract1 application1 or other agreement described in subtitle ,d1 as appropriate4 7,d7 ,funds for pay-for-performance contract strategies ,funds used to carry out pay-for-performance contract strategies by local areas shall remain available until expended4 7h7 ,enforcement of ,military ,selective ,service ,act ,the ,secretary shall ensure that each individual participating in any program or activity established under this title1 or receiving any assistance or benefit under this title1 has not violated section #c of the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dec7 by not presenting and submitting to registration as required pursuant to such section4 ,the ,director of the ,selective ,service ,system shall cooperate with the ,secretary to enable the ,secretary to carry out this subsection4 7i7 ,waivers 7#a7 ,special rule regarding designated areas ,a ,state that has enacted1 not later than ,december #ca1 #aiig1 a ,state law providing for the designation of service delivery areas for the delivery of workforce investment activities1 may use such areas as local areas under this title1 notwithstanding section #ajf4 7#b7 ,special rule regarding sanctions ,a ,state that has enacted1 not later than ,december #ca1 #aiig1 a ,state law providing for the sanctioning of such service delivery areas for failure to meet performance accountability measures for workforce investment activities1 may use the ,state law to sanction local areas for failure to meet ,state performance accountability measures under this title4 7#c7 ,general waivers of statutory or regulatory requirements 7,a7 ,general authority ,notwithstanding any other provision of law1 the ,secretary may waive for a ,state1 or a local area in a ,state1 pursuant to a request submitted by the ,governor of the ,state 7in consultation with appropriate local elected officials7 with a plan that meets the requirements of subparagraph 7,b7-- 7i7 any of the statutory or regulatory requirements of subtitle ,a1 subtitle ,b1 or this subtitle 7except for requirements relating to wage and labor standards1 including nondisplacement protections1 worker rights1 participation and protection of workers and participants1 grievance procedures and judicial review1 nondiscrimination1 allocation of funds to local areas1 eligibility of providers or participants1 the establishment and functions of local areas and local boards1 the funding of infrastructure costs for one-stop centers1 and procedures for review and approval of plans1 and other requirements relating to the basic purposes of this title72 and 7ii7 any of the statutory or regulatory requirements of sections #h through #aj of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;g through #di;i7 7excluding requirements relating to the provision of services to unemployment insurance claimants and veterans1 and requirements relating to universal access to basic labor exchange services without cost to jobseekers74 7,b7 ,requests ,a ,governor requesting a waiver under subparagraph 7,a7 shall submit a plan to the ,secretary to improve the statewide workforce development system that-- 7i7 identifies the statutory or regulatory requirements that are requested to be waived and the goals that the ,state or local area in the ,state1 as appropriate1 intends to achieve as a result of the waiver2 7ii7 describes the actions that the ,state or local area1 as appropriate1 has undertaken to remove ,state or local statutory or regulatory barriers2 7iii7 describes the goals of the waiver and the expected programmatic outcomes if the request is granted2 7iv7 describes the individuals impacted by the waiver2 and 7v7 describes the process used to monitor the progress in implementing such a waiver1 and the process by which notice and1 in the case of a waiver for a local area1 an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested4 7,c7 ,conditions ,not later than #ij days after the date of the original submission of a request for a waiver under subparagraph 7,a71 the ,secretary shall provide a waiver under this subsection if and only to the extent that-- 7i7 the ,secretary determines that the requirements requested to be waived impede the ability of the ,state or local area1 as appropriate1 to implement the plan described in subparagraph 7,b72 and 7ii7 the ,state has executed a memorandum of understanding with the ,secretary requiring such ,state to meet1 or ensure that the local area for which the waiver is requested meets1 agreed-upon outcomes and to implement other appropriate measures to ensure accountability4 7,d7 ,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 subsection1 the ,secretary shall expedite the determination regarding the provision of that waiver1 for another ,state or local area if such waiver is in accordance with the approved ,state or local plan1 as appropriate4 #aij4 ,workforce flexibility plans 7a7 ,plans ,a ,state may submit to the ,secretary1 and the ,secretary may approve1 a workforce flexibility plan under which the ,state is authorized to waive1 in accordance with the plan-- 7#a7 any of the statutory or regulatory requirements applicable under this title to local areas1 pursuant to applications for such waivers from the local areas1 except for requirements relating to the basic purposes of this title1 wage and labor standards1 grievance procedures and judicial review1 nondiscrimination1 eligibility of participants1 allocation of funds to local areas1 establishment and functions of local areas and local boards1 procedures for review and approval of local plans1 and worker rights1 participation1 and protection2 7#b7 any of the statutory or regulatory requirements applicable under sections #h through #aj of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;g through #di;i7 to the ,state 7excluding requirements relating to the provision of services to unemployment insurance claimants and veterans1 and requirements relating to universal access to basic labor exchange services without cost to jobseekers72 and 7#c7 any of the statutory or regulatory requirements applicable under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq47 to ,state agencies on aging with respect to activities carried out using funds allotted under section #ejf7;b7 of such ,act 7#db ,u4,s4,c4 #cjef;d7b771 except for requirements relating to the basic purposes of such ,act1 wage and labor standards1 eligibility of participants in the activities1 and standards for grant agreements4 7b7 ,content of plans ,a workforce flexibility plan implemented by a ,state under subsection 7a7 shall include descriptions of-- 7#a7 7,a7 the process by which local areas in the ,state may submit and obtain approval by the ,state of applications for waivers of requirements applicable under this title2 and 7,b7 the requirements described in subparagraph 7,a7 that are likely to be waived by the ,state under the plan2 7#b7 the requirements applicable under sections #h through #aj of the ,wagner-,peyser ,act that are proposed to be waived1 if any2 7#c7 the requirements applicable under the ,older ,americans ,act of #aife that are proposed to be waived1 if any2 7#d7 the outcomes to be achieved by the waivers described in paragraphs 7#a7 through 7#c72 and 7#e7 other measures to be taken to ensure appropriate accountability for ,federal funds in connection with the waivers4 7c7 ,periods ,the ,secretary may approve a workforce flexibility plan for a period of not more than #e years4 7d7 ,opportunity for public comments ,prior to submitting a workforce flexibility plan to the ,secretary for approval1 the ,state shall provide to all interested parties and to the general public adequate notice of and a reasonable opportunity for comment on the waiver requests proposed to be implemented pursuant to such plan4 #aia4 ,state legislative authority 7a7 ,authority of ,state legislature ,nothing in this title shall be interpreted to preclude the enactment of ,state legislation providing for the implementation1 consistent with the provisions of this title1 of the activities assisted under this title4 ,any funds received by a ,state under this title shall be subject to appropriation by the ,state legislature1 consistent with the terms and conditions required under this title4 7b7 ,interstate compacts and cooperative agreements ,in the event that compliance with provisions of this title would be enhanced by compacts and cooperative agreements between ,states1 the consent of ,congress is given to ,states to enter into such compacts and agreements to facilitate such compliance1 subject to the approval of the ,secretary4 #aib4 ,transfer of ,federal equity in ,state employment security agency real property to the ,states 7a7 ,transfer of ,federal equity ,notwithstanding any other provision of law1 any ,federal equity acquired in real property through grants to ,states awarded under title ,,iii of the ,social ,security ,act 7#db ,u4,s4,c4 #eja et seq47 or under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 is transferred to the ,states that used the grants for the acquisition of such equity4 ,the portion of any real property that is attributable to the ,federal equity transferred under this section shall be used to carry out activities authorized under this ,act1 title ,,iii of the ,social ,security ,act1 or the ,wagner-,peyser ,act4 ,any disposition of such real property shall be carried out in accordance with the procedures prescribed by the ,secretary and the portion of the proceeds from the disposition of such real property that is attributable to the ,federal equity transferred under this section shall be used to carry out activities authorized under this ,act1 title ,,iii of the ,social ,security ,act1 or the ,wagner-,peyser ,act4 7b7 ,limitation on use ,a ,state shall not use funds awarded under this ,act1 title ,,iii of the ,social ,security ,act1 or the ,wagner-,peyser ,act to amortize the costs of real property that is purchased by any ,state on or after the date of enactment of the ,revised ,continuing ,appropriations ,resolution1 #bjjg4 #aic4 ,continuation of ,state activities and policies 7a7 ,in general ,notwithstanding any other provision of this title1 the ,secretary may not deny approval of a ,state plan for a covered ,state1 or an application of a covered ,state for financial assistance1 under this title1 or find a covered ,state 7including a ,state board or ,governor71 or a local area 7including a local board or chief elected official7 in a covered ,state1 in violation of a provision of this title1 on the basis that-- 7#a7 7,a7 the ,state proposes to allocate or disburse1 allocates1 or disburses1 within the ,state1 funds made available to the ,state under section #abg or #acb in accordance with the allocation formula for the type of activities involved1 or in accordance with a disbursal procedure or process1 used by the ,state under prior consistent ,state laws2 or 7,b7 a local board in the ,state proposes to disburse1 or disburses1 within the local area1 funds made available to the ,state under section #abg or #acb in accordance with a disbursal procedure or process used by a private industry council under prior consistent ,state law2 7#b7 the ,state proposes to carry out or carries out a ,state procedure through which local areas use1 as fiscal agents for funds made available to the ,state under section #abg or #acb and allocated within the ,state1 fiscal agents selected in accordance with a process established under prior consistent ,state laws2 7#c7 the ,state proposes to carry out or carries out a ,state procedure through which the local boards in the ,state 7or the local boards1 the chief elected officials in the ,state1 and the ,governor7 designate or select the one-stop partners and one-stop operators of the statewide system in the ,state under prior consistent ,state laws1 in lieu of making the designation or certification described in section #aba 7regardless of the date the one-stop delivery systems involved have been established72 7#d7 the ,state proposes to carry out or carries out a ,state procedure through which the persons responsible for selecting eligible providers for purposes of subtitle ,b are permitted to determine that a provider shall not be selected to provide both intake services under section #acd7;c77#b7 and training services under section #acd7;c77#c71 under prior consistent ,state laws2 7#e7 the ,state proposes to designate or designates a ,state board1 or proposes to assign or assigns functions and roles of the ,state board 7including determining the time periods for development and submission of a ,state plan required under section #ajb or #ajc71 for purposes of subtitle ,a in accordance with prior consistent ,state laws2 or 7#f7 a local board in the ,state proposes to use or carry out1 uses1 or carries out a local plan 7including assigning functions and roles of the local board7 for purposes of subtitle ,a in accordance with the authorities and requirements applicable to local plans and private industry councils under prior consistent ,state laws4 7b7 ,definition ,in this section3 7#a7 ,covered ,state ,the term covered ,state means a ,state that enacted ,state laws described in paragraph 7#b74 7#b7 ,prior consistent ,state laws ,the term prior consistent ,state laws means ,state laws1 not inconsistent with the ,job ,training ,partnership ,act or any other applicable ,federal law1 that took effect on ,september #a1 #aiic1 ,september #a1 #aiie1 and ,september #a1 #aiig4 #aid4 ,general program requirements ,except as otherwise provided in this title1 the following conditions apply to all programs under this title3 7#a7 ,each program under this title shall provide employment and training opportunities to those who can benefit from1 and who are most in need of1 such opportunities4 ,in addition1 the recipients of ,federal funding for programs under this title shall make efforts to develop programs that contribute to occupational development1 upward mobility1 development of new careers1 and opportunities for nontraditional employment4 7#b7 ,funds provided under this title shall only be used for activities that are in addition to activities that would otherwise be available in the local area in the absence of such funds4 7#c7 7,a7 ,any local area may enter into an agreement with another local area 7including a local area that is a city or county within the same labor market7 to pay or share the cost of educating1 training1 or placing individuals participating in programs assisted under this title1 including the provision of supportive services4 7,b7 ,such agreement shall be approved by each local board for a local area entering into the agreement and shall be described in the local plan under section #ajh4 7#d7 ,on-the-job training contracts under this title1 shall not be entered into with employers who have received payments under previous contracts under this ,act or the ,workforce ,investment ,act of #aiih and have exhibited a pattern of failing to provide on-the-job training participants with continued long-term employment as regular employees with wages and employment benefits 7including health benefits7 and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work4 7#e7 ,no person or organization may charge an individual a fee for the placement or referral of the individual in or to a workforce investment activity under this title4 7#f7 ,the ,secretary shall not provide financial assistance for any program under this title that involves political activities4 7#g7 7,a7 ,income under any program administered by a public or private nonprofit entity may be retained by such entity only if such income is used to continue to carry out the program4 7,b7 ,income subject to the requirements of subparagraph 7,a7 shall include-- 7i7 receipts from goods or services 7including conferences7 provided as a result of activities funded under this title2 7ii7 funds provided to a service provider under this title that are in excess of the costs associated with the services provided2 and 7iii7 interest income earned on funds received under this title4 7,c7 ,for purposes of this paragraph1 each entity receiving financial assistance under this title shall maintain records sufficient to determine the amount of such income received and the purposes for which such income is expended4 7#h7 7,a7 ,the ,secretary shall notify the ,governor and the appropriate local board and chief elected official of1 and consult with the ,governor and such board and official concerning1 any activity to be funded by the ,secretary under this title within the corresponding ,state or local area4 7,b7 ,the ,governor shall notify the appropriate local board and chief elected official of1 and consult with such board and official concerning1 any activity to be funded by the ,governor under this title within the corresponding local area4 7#i7 7,a7 ,all education programs for youth supported with funds provided under chapter #b of subtitle ,b shall be consistent with applicable ,state and local educational standards4 7,b7 ,standards and procedures with respect to awarding academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with the requirements of applicable ,state and local law1 including regulation4 7#aj7 ,no funds available under this title may be used for public service employment except as specifically authorized under this title4 7#aa7 ,the ,federal requirements governing the title1 use1 and disposition of real property1 equipment1 and supplies purchased with funds provided under this title shall be the corresponding ,federal requirements generally applicable to such items purchased through ,federal grants to ,states and local governments4 7#ab7 ,nothing in this title shall be construed to provide an individual with an entitlement to a service under this title4 7#ac7 ,services1 facilities1 or equipment funded under this title may be used1 as appropriate1 on a fee-for-service basis1 by employers in a local area in order to provide employment and training activities to incumbent workers-- 7,a7 when such services1 facilities1 or equipment are not in use for the provision of services for eligible participants under this title2 7,b7 if such use for incumbent workers would not have an adverse effect on the provision of services to eligible participants under this title2 and 7,c7 if the income derived from such fees is used to carry out the programs authorized under this title4 7#ad7 ,funds provided under this title shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency 7as defined in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e77 is providing full access to similar or related services in such a manner as to fully meet the identified need4 ,for purposes of this paragraph1 such an enterprise does not include a one-stop delivery system described in section #aba7;e74 7#ae7 7,a7 ,none of the funds available under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual1 either as direct costs or indirect costs1 at a rate in excess of the annual rate of basic pay prescribed for level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code4 7,b7 ,the limitation described in subparagraph 7,a7 shall not apply to vendors providing goods and services as defined in ,office of ,management and ,budget ,circular ,a-#acc4 ,in a case in which a ,state is a recipient of such funds1 the ,state may establish a lower limit than is provided in subparagraph 7,a7 for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds1 taking into account factors including the relative cost of living in the ,state1 the compensation levels for comparable ,state or local government employees1 and the size of the organizations that administer the ,federal programs involved4 #aie4 ,restrictions on lobbying activities 7a7 ,publicity restrictions 7#a7 ,in general ,no funds provided under this ,act shall be used for-- 7,a7 publicity or propaganda purposes2 or 7,b7 the preparation1 distribution1 or use of any kit1 pamphlet1 booklet1 publication1 electronic communication1 radio1 television1 or video presentation designed to support or defeat-- 7i7 the enactment of legislation before ,congress or any ,state or local legislature or legislative body2 or 7ii7 any proposed or pending regulation1 administrative action1 or order issued by the executive branch of any ,state or local government4 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 normal and recognized executive-legislative relationships2 7,b7 the preparation1 distribution1 or use of the materials described in paragraph 7#a77;,b7 in presentation to ,congress or any ,state or local legislature or legislative body2 or 7,c7 such preparation1 distribution1 or use of such materials in presentation to the executive branch of any ,state or local government4 7b7 ,salary restrictions 7#a7 ,in general ,no funds provided under this ,act shall be used to pay the salary or expenses of any grant or contract recipient1 or agent acting for such recipient1 related to any activity designed to influence the enactment or issuance of legislation1 appropriations1 regulations1 administrative action1 or an ,executive order proposed or pending before ,congress or any ,state government1 or a ,state or local legislature or legislative body4 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 normal and recognized executive-legislative relationships2 or 7,b7 participation by an agency or officer of a ,state1 local1 or tribal government in policymaking and administrative processes within the executive branch of that government4 ,,ii ,adult education and literacy #bja4 ,short title ,this title may be cited as the ,adult ,education and ,family ,literacy ,act4 #bjb4 ,purpose ,it is the purpose of this title to create a partnership among the ,federal ,government1 ,states1 and localities to provide1 on a voluntary basis1 adult education and literacy activities1 in order to-- 7#a7 assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency2 7#b7 assist adults who are parents or family members to obtain the education and skills that-- 7,a7 are necessary to becoming full partners in the educational development of their children2 and 7,b7 lead to sustainable improvements in the economic opportunities for their family2 7#c7 assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training1 including through career pathways2 and 7#d7 assist immigrants and other individuals who are ,english language learners in-- 7,a7 improving their-- 7i7 reading1 writing1 speaking1 and comprehension skills in ,english2 and 7ii7 mathematics skills2 and 7,b7 acquiring an understanding of the ,american system of ,government1 individual freedom1 and the responsibilities of citizenship4 #bjc4 ,definitions ,in this title3 7#a7 ,adult education ,the term adult education means academic instruction and education services below the postsecondary level that increase an individual's ability to-- 7,a7 read1 write1 and speak in ,english and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent2 7,b7 transition to postsecondary education and training2 and 7,c7 obtain employment4 7#b7 ,adult education and literacy activities ,the term adult education and literacy activities means programs1 activities1 and services that include adult education1 literacy1 workplace adult education and literacy activities1 family literacy activities1 ,english language acquisition activities1 integrated ,english literacy and civics education1 workforce preparation activities1 or integrated education and training4 7#c7 ,eligible agency ,the term eligible agency means the sole entity or agency in a ,state or an outlying area responsible for administering or supervising policy for adult education and literacy activities in the ,state or outlying area1 respectively1 consistent with the law of the ,state or outlying area1 respectively4 7#d7 ,eligible individual ,the term eligible individual means an individual-- 7,a7 who has attained #af years of age2 7,b7 who is not enrolled or required to be enrolled in secondary school under ,state law2 and 7,c7 who-- 7i7 is basic skills deficient2 7ii7 does not have a secondary school diploma or its recognized equivalent1 and has not achieved an equivalent level of education2 or 7iii7 is an ,english language learner4 7#e7 ,eligible provider ,the term eligible provider means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include -- 7,a7 a local educational agency2 7,b7 a community-based organization or faith-based organization2 7,c7 a volunteer literacy organization2 7,d7 an institution of higher education2 7,e7 a public or private nonprofit agency2 7,f7 a library2 7,g7 a public housing authority2 7,h7 a nonprofit institution that is not described in any of subparagraphs 7,a7 through 7,g7 and has the ability to provide adult education and literacy activities to eligible individuals2 7,i7 a consortium or coalition of the agencies1 organizations1 institutions1 libraries1 or authorities described in any of subparagraphs 7,a7 through 7,h72 and 7,j7 a partnership between an employer and an entity described in any of subparagraphs 7,a7 through 7,i74 7#f7 ,english language acquisition program ,the term ,english language acquisition program means a program of instruction-- 7,a7 designed to help eligible individuals who are ,english language learners achieve competence in reading1 writing1 speaking1 and comprehension of the ,english language2 and 7,b7 that leads to-- 7i7 7,i7 attainment of a secondary school diploma or its recognized equivalent2 and 7,,ii7 transition to postsecondary education and training2 or 7ii7 employment4 7#g7 ,english language learner ,the term ,english language learner when used with respect to an eligible individual1 means an eligible individual who has limited ability in reading1 writing1 speaking1 or comprehending the ,english language1 and-- 7,a7 whose native language is a language other than ,english2 or 7,b7 who lives in a family or community environment where a language other than ,english is the dominant language4 7#h7 ,essential components of reading instruction ,the term essential components of reading instruction has the meaning given the term in section #abjh of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcfh74 7#i7 ,family literacy activities ,the term family literacy activities means activities that are of sufficient intensity and quality1 to make sustainable improvements in the economic prospects for a family and that better enable parents or family members to support their children's learning needs1 and that integrate all of the following activities3 7,a7 ,parent or family adult education and literacy activities that lead to readiness for postsecondary education or training1 career advancement1 and economic self-sufficiency4 7,b7 ,interactive literacy activities between parents or family members and their children4 7,c7 ,training for parents or family members regarding how to be the primary teacher for their children and full partners in the education of their children4 7,d7 ,an age-appropriate education to prepare children for success in school and life experiences4 7#aj7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#aa7 ,integrated education and training ,the term integrated education and training means a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement4 7#ab7 ,integrated english literacy and civics education ,the term integrated ,english literacy and civics education means education services provided to ,english language learners who are adults1 including professionals with degrees and credentials in their native countries1 that enables such adults to achieve competency in the ,english language and acquire the basic and more advanced skills needed to function effectively as parents1 workers1 and citizens in the ,united ,states4 ,such services shall include instruction in literacy and ,english language acquisition and instruction on the rights and responsibilities of citizenship and civic participation1 and may include workforce training4 7#ac7 ,literacy ,the term literacy means an individual's ability to read1 write1 and speak in ,english1 compute1 and solve problems1 at levels of proficiency necessary to function on the job1 in the family of the individual1 and in society4 7#ad7 ,postsecondary educational institution ,the term postsecondary educational institution means-- 7,a7 an institution of higher education that provides not less than a #b-year program of instruction that is acceptable for credit toward a bachelor's degree2 7,b7 a tribally controlled college or university2 or 7,c7 a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#af7 ,workplace adult education and literacy activities ,the term workplace adult education and literacy activities means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce4 7#ag7 ,workforce preparation activities ,the term workforce preparation activities means activities1 programs1 or services designed to help an individual acquire a combination of basic academic skills1 critical thinking skills1 digital literacy skills1 and self-management skills1 including competencies in utilizing resources1 using information1 working with others1 understanding systems1 and obtaining skills necessary for successful transition into and completion of postsecondary education or training1 or employment4 #bjd4 ,home schools ,nothing in this title shall be construed to affect home schools1 whether a home school is treated as a home school or a private school under ,state law1 or to compel a parent or family member engaged in home schooling to participate in adult education and literacy activities4 #bje4 ,rule of construction regarding postsecondary transition and concurrent enrollment activities ,nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to postsecondary education and training or employment1 or for concurrent enrollment activities4 #bjf4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title #egg1ffg1jjj for fiscal year #bjae1 #fbb1bhf1jjj for fiscal year #bjaf1 #fce1aih1jjj for fiscal year #bjag1 #fdi1bhg1jjj for fiscal year #bjah1 #ffd1eeb1jjj for fiscal year #bjai1 and #fgh1fdj1jjj for fiscal year #bjbj4 ,a ,federal provisions #baa4 ,reservation of funds2 grants to eligible agencies2 allotments 7a7 ,reservation of funds ,from the sum appropriated under section #bjf for a fiscal year1 the ,secretary-- 7#a7 shall reserve #b percent to carry out section #bdb1 except that the amount so reserved shall not exceed #ae1jjj1jjj2 and 7#b7 shall reserve #ab percent of the amount that remains after reserving funds under paragraph 7#a7 to carry out section #bdc4 7b7 ,grants to eligible agencies 7#a7 ,in general ,from the sum appropriated under section #bjf and not reserved under subsection 7a7 for a fiscal year1 the ,secretary shall award a grant to each eligible agency having a unified ,state plan approved under section #ajb or a combined ,state plan approved under section #ajc in an amount equal to the sum of the initial allotment under subsection 7c77#a7 and the additional allotment under subsection 7c77#b7 for the eligible agency for the fiscal year1 subject to subsections 7f7 and 7g71 to enable the eligible agency to carry out the activities assisted under this title4 7#b7 ,purpose of grants ,the ,secretary may award a grant under paragraph 7#a7 only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this title4 7c7 ,allotments 7#a7 ,initial allotments ,from the sum appropriated under section #bjf and not reserved under subsection 7a7 for a fiscal year1 the ,secretary shall allot to each eligible agency having a unified ,state plan approved under section #ajb or a combined ,state plan approved under section #ajc-- 7,a7 #ajj1jjj1 in the case of an eligible agency serving an outlying area2 and 7,b7 #bej1jjj1 in the case of any other eligible agency4 7#b7 ,additional allotments ,from the sum appropriated under section #bjf1 not reserved under subsection 7a71 and not allotted under paragraph 7#a71 for a fiscal year1 the ,secretary shall allot to each eligible agency that receives an initial allotment under paragraph 7#a7 an additional amount that bears the same relationship to such sum as the number of qualifying adults in the ,state or outlying area served by the eligible agency bears to the number of such adults in all ,states and outlying areas4 7d7 ,qualifying adult ,for the purpose of subsection 7c77#b71 the term qualifying adult means an adult who-- 7#a7 is at least #af years of age2 7#b7 is beyond the age of compulsory school attendance under the law of the ,state or outlying area2 7#c7 does not have a secondary school diploma or its recognized equivalent2 and 7#d7 is not enrolled in secondary school4 7e7 ,special rule 7#a7 ,in general ,from amounts made available under subsection 7c7 for the ,republic of ,palau1 the ,secretary shall award grants to ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 or the ,republic of ,palau to carry out activities described in this title in accordance with the provisions of this title1 as determined by the ,secretary4 7#b7 ,award basis ,the ,secretary shall award grants pursuant to paragraph 7#a7 on a competitive basis and pursuant to the recommendations from the ,pacific ,region ,educational ,laboratory in ,honolulu1 ,hawaii4 7#c7 ,termination of eligibility ,notwithstanding any other provision of law1 the ,republic of ,palau shall be eligible to receive a grant under this title except during the period described in section #c7de74 7#d7 ,administrative costs ,the ,secretary may provide not more than #e percent of the funds made available for grants under this subsection to pay the administrative costs of the ,pacific ,region ,educational ,laboratory regarding activities assisted under this subsection4 7f7 ,hold-harmless provisions 7#a7 ,in general ,notwithstanding subsection 7c71 for fiscal year #bjae and each succeeding fiscal year1 no eligible agency shall receive an allotment under this section that is less than #ij percent of the allotment the eligible agency received for the preceding fiscal year under this section4 7#b7 ,ratable reduction ,if for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph 7#a7 the ,secretary shall ratably reduce the payments to all eligible agencies1 as necessary4 7g7 ,reallotment ,the portion of any eligible agency's allotment under this title for a fiscal year that the ,secretary determines will not be required for the period such allotment is available for carrying out activities under this title1 shall be available for reallotment from time to time1 on such dates during such period as the ,secretary shall fix1 to other eligible agencies in proportion to the original allotments to such agencies under this title for such year4 #bab4 ,performance accountability system ,programs and activities authorized in this title are subject to the performance accountability provisions described in section #aaf4 ,b ,state provisions #bba4 ,state administration ,each eligible agency shall be responsible for the ,state or outlying area administration of activities under this title1 including-- 7#a7 the development1 implementation1 and monitoring of the relevant components of the unified ,state plan in section #ajb or the combined ,state plan in section #ajc2 7#b7 consultation with other appropriate agencies1 groups1 and individuals that are involved in1 or interested in1 the development and implementation of activities assisted under this title2 and 7#c7 coordination and nonduplication with other ,federal and ,state education1 training1 corrections1 public housing1 and social service programs4 #bbb4 ,state distribution of funds2 matching requirement 7a7 ,state distribution of funds ,each eligible agency receiving a grant under section #baa7;b7 for a fiscal year-- 7#a7 shall use not less than #hb4e percent of the grant funds to award grants and contracts under section #bca and to carry out section #bbe1 of which not more than #bj percent of such amount shall be available to carry out section #bbe2 7#b7 shall use not more than #ab4e percent of the grant funds to carry out ,state leadership activities under section #bbc2 and 7#c7 shall use not more than #e percent of the grant funds1 or #he1jjj1 whichever is greater1 for the administrative expenses of the eligible agency4 7b7 ,matching requirement 7#a7 ,in general ,in order to receive a grant from the ,secretary under section #baa7;b7 each eligible agency shall provide1 for the costs to be incurred by the eligible agency in carrying out the adult education and literacy activities for which the grant is awarded1 a non-,federal contribution in an amount that is not less than-- 7,a7 in the case of an eligible agency serving an outlying area1 #ab percent of the total amount of funds expended for adult education and literacy activities in the outlying area1 except that the ,secretary may decrease the amount of funds required under this subparagraph for an eligible agency2 and 7,b7 in the case of an eligible agency serving a ,state1 #be percent of the total amount of funds expended for adult education and literacy activities in the ,state4 7#b7 ,non-,federal contribution ,an eligible agency's non-,federal contribution required under paragraph 7#a7 may be provided in cash or in kind1 fairly evaluated1 and shall include only non-,federal funds that are used for adult education and literacy activities in a manner that is consistent with the purpose of this title4 #bbc4 ,state leadership activities 7a7 ,activities 7#a7 ,required ,each eligible agency shall use funds made available under section #bbb7;a77#b7 for the following adult education and literacy activities to develop or enhance the adult education system of the ,state or outlying area3 7,a7 ,the alignment of adult education and literacy activities with other core programs and one-stop partners1 including eligible providers1 to implement the strategy identified in the unified ,state plan under section #ajb or the combined ,state plan under section #ajc1 including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities4 7,b7 ,the establishment or operation of high quality professional development programs to improve the instruction provided pursuant to local activities required under section #bca7;b71 including instruction incorporating the essential components of reading instruction as such components relate to adults1 instruction related to the specific needs of adult learners1 instruction provided by volunteers or by personnel of a ,state or outlying area1 and dissemination of information about models and promising practices related to such programs4 7,c7 ,the provision of technical assistance to eligible providers of adult education and literacy activities receiving funds under this title1 including-- 7i7 the development and dissemination of instructional and programmatic practices based on the most rigorous or scientifically valid research available and appropriate1 in reading1 writing1 speaking1 mathematics1 ,english language acquisition programs1 distance education1 and staff training2 7ii7 the role of eligible providers as a one-stop partner to provide access to employment1 education1 and training services2 and 7iii7 assistance in the use of technology1 including for staff training1 to eligible providers1 especially the use of technology to improve system efficiencies4 7,d7 ,the monitoring and evaluation of the quality of1 and the improvement in1 adult education and literacy activities and the dissemination of information about models and proven or promising practices within the ,state4 7#b7 ,permissible activities ,each eligible agency may use funds made available under section #bbb7;a77#b7 for #a or more of the following adult education and literacy activities3 7,a7 ,the support of ,state or regional networks of literacy resource centers4 7,b7 ,the development and implementation of technology applications1 translation technology1 or distance education1 including professional development to support the use of instructional technology4 7,c7 ,developing and disseminating curricula1 including curricula incorporating the essential components of reading instruction as such components relate to adults4 7,d7 ,developing content and models for integrated education and training and career pathways4 7,e7 ,the provision of assistance to eligible providers in developing and implementing programs that achieve the objectives of this title and in measuring the progress of those programs in achieving such objectives1 including meeting the ,state adjusted levels of performance described in section #aaf7;b77#c74 7,f7 ,the development and implementation of a system to assist in the transition from adult education to postsecondary education1 including linkages with postsecondary educational institutions or institutions of higher education4 7,g7 ,integration of literacy and ,english language instruction with occupational skill training1 including promoting linkages with employers4 7,h7 ,activities to promote workplace adult education and literacy activities4 7,i7 ,identifying curriculum frameworks and aligning rigorous content standards that-- 7i7 specify what adult learners should know and be able to do in the areas of reading and language arts1 mathematics1 and ,english language acquisition2 and 7ii7 take into consideration the following3 7,i7 ,state adopted academic standards4 7,,ii7 ,the current adult skills and literacy assessments used in the ,state or outlying area4 7,,iii7 ,the primary indicators of performance described in section #aaf4 7,,iv7 ,standards and academic requirements for enrollment in nonremedial1 for-credit courses in postsecondary educational institutions or institutions of higher education supported by the ,state or outlying area4 7,v7 ,where appropriate1 the content of occupational and industry skill standards widely used by business and industry in the ,state or outlying area4 7,j7 ,developing and piloting of strategies for improving teacher quality and retention4 7,k7 ,the development and implementation of programs and services to meet the needs of adult learners with learning disabilities or ,english language learners1 which may include new and promising assessment tools and strategies that are based on scientifically valid research1 where appropriate1 and identify the needs and capture the gains of such students at the lowest achievement levels4 7,l7 ,outreach to instructors1 students1 and employers4 7,m7 ,other activities of statewide significance that promote the purpose of this title4 7b7 ,collaboration ,in carrying out this section1 eligible agencies shall collaborate where possible1 and avoid duplicating efforts1 in order to maximize the impact of the activities described in subsection 7a74 7c7 ,state-imposed requirements ,whenever a ,state or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under ,federal law 7including any rule or policy based on a ,state or outlying area interpretation of a ,federal statute1 regulation1 or guideline71 the ,state or outlying area shall identify1 to eligible providers1 the rule or policy as being imposed by the ,state or outlying area4 #bbd4 ,state plan ,each ,state desiring to receive funds under this title for any fiscal year shall submit and have approved a unified ,state plan in accordance with section #ajb or a combined ,state plan in accordance with section #ajc4 #bbe4 ,programs for corrections education and other institutionalized individuals 7a7 ,program authorized ,from funds made available under section #bbb7;a77#a7 for a fiscal year1 each eligible agency shall carry out corrections education and education for other institutionalized individuals4 7b7 ,uses of funds ,the funds described in subsection 7a7 shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals1 including academic programs for-- 7#a7 adult education and literacy activities2 7#b7 special education1 as determined by the eligible agency2 7#c7 secondary school credit2 7#d7 integrated education and training2 7#e7 career pathways2 7#f7 concurrent enrollment2 7#g7 peer tutoring2 and 7#h7 transition to re-entry initiatives and other postrelease services with the goal of reducing recidivism4 7c7 ,priority ,each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within #e years of participation in the program4 7d7 ,report ,in addition to any report required under section #aaf1 each eligible agency that receives assistance provided under this section shall annually prepare and submit to the ,secretary a report on the progress1 as described in section #aaf1 of the eligible agency with respect to the programs and activities carried out under this section1 including the relative rate of recidivism for the criminal offenders served4 7e7 ,definitions ,in this section3 7#a7 ,correctional institution ,the term correctional institution means any-- 7,a7 prison2 7,b7 jail2 7,c7 reformatory2 7,d7 work farm2 7,e7 detention center2 or 7,f7 halfway house1 community-based rehabilitation center1 or any other similar institution designed for the confinement or rehabilitation of criminal offenders4 7#b7 ,criminal offender ,the term criminal offender means any individual who is charged with or convicted of any criminal offense4 ,c ,local provisions #bca4 ,grants and contracts for eligible providers 7a7 ,grants and contracts ,from grant funds made available under section #bbb7;a77#a71 each eligible agency shall award multiyear grants or contracts1 on a competitive basis1 to eligible providers within the ,state or outlying area to enable the eligible providers to develop1 implement1 and improve adult education and literacy activities within the ,state4 7b7 ,required local activities ,the eligible agency shall require that each eligible provider receiving a grant or contract under subsection 7a7 use the grant or contract to establish or operate programs that provide adult education and literacy activities1 including programs that provide such activities concurrently4 7c7 ,direct and equitable access2 same process ,each eligible agency receiving funds under this title shall ensure that-- 7#a7 all eligible providers have direct and equitable access to apply and compete for grants or contracts under this section2 and 7#b7 the same grant or contract announcement process and application process is used for all eligible providers in the ,state or outlying area4 7d7 ,special rule ,each eligible agency awarding a grant or contract under this section shall not use any funds made available under this title for adult education and literacy activities for the purpose of supporting or providing programs1 services1 or activities for individuals who are not individuals described in subparagraphs 7,a7 and 7,b7 of section #bjc7d71 except that such agency may use such funds for such purpose if such programs1 services1 or activities are related to family literacy activities4 ,in providing family literacy activities under this title1 an eligible provider shall attempt to coordinate with programs and services that are not assisted under this title prior to using funds for adult education and literacy activities under this title for activities other than activities for eligible individuals4 7e7 ,considerations ,in awarding grants or contracts under this section1 the eligible agency shall consider-- 7#a7 the degree to which the eligible provider would be responsive to-- 7,a7 regional needs as identified in the local plan under section #ajh2 and 7,b7 serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities1 including individuals-- 7i7 who have low levels of literacy skills2 or 7ii7 who are ,english language learners2 7#b7 the ability of the eligible provider to serve eligible individuals with disabilities1 including eligible individuals with learning disabilities2 7#c7 past effectiveness of the eligible provider in improving the literacy of eligible individuals1 to meet ,state-adjusted levels of performance for the primary indicators of performance described in section #aaf1 especially with respect to eligible individuals who have low levels of literacy2 7#d7 the extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan under section #ajh1 as well as the activities and services of the one-stop partners2 7#e7 whether the eligible provider's program-- 7,a7 is of sufficient intensity and quality1 and based on the most rigorous research available so that participants achieve substantial learning gains2 and 7,b7 uses instructional practices that include the essential components of reading instruction2 7#f7 whether the eligible provider's activities1 including whether reading1 writing1 speaking1 mathematics1 and ,english language acquisition instruction delivered by the eligible provider1 are based on the best practices derived from the most rigorous research available and appropriate1 including scientifically valid research and effective educational practice2 7#g7 whether the eligible provider's activities effectively use technology1 services1 and delivery systems1 including distance education in a manner sufficient to increase the amount and quality of learning and how such technology1 services1 and systems lead to improved performance2 7#h7 whether the eligible provider's activities provide learning in context1 including through integrated education and training1 so that an individual acquires the skills needed to transition to and complete postsecondary education and training programs1 obtain and advance in employment leading to economic self-sufficiency1 and to exercise the rights and responsibilities of citizenship2 7#i7 whether the eligible provider's activities are delivered by well-trained instructors1 counselors1 and administrators who meet any minimum qualifications established by the ,state1 where applicable1 and who have access to high quality professional development1 including through electronic means2 7#aj7 whether the eligible provider's activities coordinate with other available education1 training1 and social service resources in the community1 such as by establishing strong links with elementary schools and secondary schools1 postsecondary educational institutions1 institutions of higher education1 local workforce investment boards1 one-stop centers1 job training programs1 and social service agencies1 business1 industry1 labor organizations1 community-based organizations1 nonprofit organizations1 and intermediaries1 for the development of career pathways2 7#aa7 whether the eligible provider's activities offer flexible schedules and coordination with ,federal1 ,state1 and local support services 7such as child care1 transportation1 mental health services1 and career planning7 that are necessary to enable individuals1 including individuals with disabilities or other special needs1 to attend and complete programs2 7#ab7 whether the eligible provider maintains a high-quality information management system that has the capacity to report measurable participant outcomes 7consistent with section #aaf7 and to monitor program performance2 and 7#ac7 whether the local areas in which the eligible provider is located have a demonstrated need for additional ,english language acquisition programs and civics education programs4 #bcb4 ,local application ,each eligible provider desiring a grant or contract from an eligible agency shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require1 including-- 7#a7 a description of how funds awarded under this title will be spent consistent with the requirements of this title2 7#b7 a description of any cooperative arrangements the eligible provider has with other agencies1 institutions1 or organizations for the delivery of adult education and literacy activities2 7#c7 a description of how the eligible provider will provide services in alignment with the local plan under section #ajh1 including how such provider will promote concurrent enrollment in programs and activities under title ,i1 as appropriate2 7#d7 a description of how the eligible provider will meet the ,state adjusted levels of performance described in section #aaf7;b77#c71 including how such provider will collect data to report on such performance indicators2 7#e7 a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section #aba7;b77#a77;,a71 as appropriate2 7#f7 a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals2 and 7#g7 information that addresses the considerations described under section #bca7;e71 as applicable4 #bcc4 ,local administrative cost limits 7a7 ,in general ,subject to subsection 7b71 of the amount that is made available under this title to an eligible provider-- 7#a7 not less than #ie percent shall be expended for carrying out adult education and literacy activities2 and 7#b7 the remaining amount1 not to exceed #e percent1 shall be used for planning1 administration 7including carrying out the requirements of section #aaf71 professional development1 and the activities described in paragraphs 7#c7 and 7#e7 of section #bcb4 7b7 ,special rule ,in cases where the cost limits described in subsection 7a7 are too restrictive to allow for the activities described in subsection 7a77#b71 the eligible provider shall negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes4 ,d ,general provisions #bda4 ,administrative provisions 7a7 ,supplement not supplant ,funds made available for adult education and literacy activities under this title shall supplement and not supplant other ,state or local public funds expended for adult education and literacy activities4 7b7 ,maintenance of effort 7#a7 ,in general 7,a7 ,determination ,an eligible agency may receive funds under this title for any fiscal year if the ,secretary finds that the fiscal effort per student or the aggregate expenditures of such eligible agency for activities under this title1 in the second preceding fiscal year1 were not less than #ij percent of the fiscal effort per student or the aggregate expenditures of such eligible agency for adult education and literacy activities in the third preceding fiscal year4 7,b7 ,proportionate reduction ,subject to paragraphs 7#b71 7#c71 and 7#d71 for any fiscal year with respect to which the ,secretary determines under subparagraph 7,a7 that the fiscal effort or the aggregate expenditures of an eligible agency for the preceding program year were less than such effort or expenditures for the second preceding program year1 the ,secretary-- 7i7 shall determine the percentage decreases in such effort or in such expenditures2 and 7ii7 shall decrease the payment made under this title for such program year to the agency for adult education and literacy activities by the lesser of such percentages4 7#b7 ,computation ,in computing the fiscal effort and aggregate expenditures under paragraph 7#a71 the ,secretary shall exclude capital expenditures and special one-time project costs4 7#c7 ,decrease in ,federal support ,if the amount made available for adult education and literacy activities under this title for a fiscal year is less than the amount made available for adult education and literacy activities under this title for the preceding fiscal year1 then the fiscal effort per student and the aggregate expenditures of an eligible agency required in order to avoid a reduction under paragraph 7#a77;,b7 shall be decreased by the same percentage as the percentage decrease in the amount so made available4 7#d7 ,waiver ,the ,secretary may waive the requirements of this subsection for not more than #a fiscal year1 if the ,secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances1 such as a natural disaster or an unforeseen and precipitous decline in the financial resources of the ,state or outlying area of the eligible agency4 ,if the ,secretary grants a waiver under the preceding sentence for a fiscal year1 the level of effort required under paragraph 7#a7 shall not be reduced in the subsequent fiscal year because of the waiver4 #bdb4 ,national leadership activities 7a7 ,in general ,the ,secretary shall establish and carry out a program of national leadership activities to enhance the quality and outcomes of adult education and literacy activities and programs nationwide4 7b7 ,required activities ,the national leadership activities described in subsection 7a7 shall include technical assistance1 including-- 7#a7 assistance to help ,states meet the requirements of section #aaf2 7#b7 upon request by a ,state1 assistance provided to eligible providers in using performance accountability measures based on indicators described in section #aaf1 and data systems for the improvement of adult education and literacy activities2 7#c7 carrying out rigorous research and evaluation on effective adult education and literacy activities1 as well as estimating the number of adults functioning at the lowest levels of literacy proficiency1 which shall be coordinated across relevant ,federal agencies1 including the ,institute of ,education ,sciences2 and 7#d7 carrying out an independent evaluation at least once every #d years of the programs and activities under this title1 taking into consideration the evaluation subjects referred to in section #afi7;a77#b74 7c7 ,allowable activities ,the national leadership activities described in subsection 7a7 may include the following3 7#a7 ,technical assistance1 including-- 7,a7 assistance related to professional development activities1 and assistance for the purposes of developing1 improving1 identifying1 and disseminating the most successful methods and techniques for providing adult education and literacy activities1 based on scientifically valid research where available2 7,b7 assistance in distance education and promoting and improving the use of technology in the classroom1 including instruction in ,english language acquisition for ,english language learners2 7,c7 assistance in the development and dissemination of proven models for addressing the digital literacy needs of adults1 including older adults2 and 7,d7 supporting efforts aimed at strengthening programs at the ,state and local levels1 such as technical assistance in program planning1 assessment1 evaluation1 and monitoring of activities carried out under this title4 7#b7 ,funding national leadership activities either directly or through grants1 contracts1 or cooperative agreements awarded on a competitive basis to or with postsecondary educational institutions1 institutions of higher education1 public or private organizations or agencies 7including public libraries71 or consortia of such institutions1 organizations1 or agencies1 which may include-- 7,a7 developing1 improving1 and identifying the most successful methods and techniques for addressing the education needs of adults1 including instructional practices using the essential components of reading instruction based on the work of the ,national ,institute of ,child ,health and ,human ,development2 7,b7 supporting national1 regional1 or local networks of private nonprofit organizations1 public libraries1 or institutions of higher education to strengthen the ability of such networks' members to meet the performance requirements described in section #aaf of eligible providers2 7,c7 increasing the effectiveness1 and improving the quality1 of adult education and literacy activities1 which may include-- 7i7 carrying out rigorous research2 7ii7 carrying out demonstration programs2 7iii7 accelerating learning outcomes for eligible individuals with the lowest literacy levels2 7iv7 developing and promoting career pathways for eligible individuals2 7v7 promoting concurrent enrollment programs in adult education and credit bearing postsecondary coursework2 7vi7 developing high-quality professional development activities for eligible providers2 and 7vii7 developing1 replicating1 and disseminating information on best practices and innovative programs1 such as-- 7,i7 the identification of effective strategies for working with adults with learning disabilities and with adults who are ,english language learners2 7,,ii7 integrated education and training programs2 7,,iii7 workplace adult education and literacy activities2 and 7,,iv7 postsecondary education and training transition programs2 7,d7 providing for the conduct of an independent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competitive basis1 which shall include descriptions of-- 7i7 the effect of performance accountability measures and other measures of accountability on the delivery of adult education and literacy activities2 7ii7 the extent to which the adult education and literacy activities increase the literacy skills of eligible individuals1 lead to involvement in education and training1 enhance the employment and earnings of such participants1 and1 if applicable1 lead to other positive outcomes1 such as success in re-entry and reductions in recidivism in the case of prison-based adult education and literacy activities2 7iii7 the extent to which the provision of support services to eligible individuals enrolled in adult education and literacy activities increase the rate of enrollment in1 and successful completion of1 such programs2 and 7iv7 the extent to which different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities2 7,e7 collecting data1 such as data regarding the improvement of both local and ,state data systems1 through technical assistance and development of model performance data collection systems2 7,f7 determining how participation in adult education and literacy activities prepares eligible individuals for entry into postsecondary education and employment and1 in the case of programs carried out in correctional institutions1 has an effect on recidivism2 and 7,g7 other activities designed to enhance the quality of adult education and literacy activities nationwide4 #bdc4 ,integrated ,english literacy and civics education 7a7 ,in general ,from funds made available under section #baa7;a77#b7 for each fiscal year1 the ,secretary shall award grants to ,states1 from allotments under subsection 7b71 for integrated ,english literacy and civics education1 in combination with integrated education and training activities4 7b7 ,allotment 7#a7 ,in general ,subject to paragraph 7#b71 from amounts made available under section #baa7;a77#b7 for a fiscal year1 the ,secretary shall allocate-- 7,a7 #fe percent to the ,states on the basis of a ,state's need for integrated ,english literacy and civics education1 as determined by calculating each ,state's share of a #aj-year average of the data of the ,office of ,immigration ,statistics of the ,department of ,homeland ,security for immigrants admitted for legal permanent residence for the #aj most recent years2 and 7,b7 #ce percent to the ,states on the basis of whether the ,state experienced growth1 as measured by the average of the #c most recent years for which the data of the ,office of ,immigration ,statistics of the ,department of ,homeland ,security for immigrants admitted for legal permanent residence are available4 7#b7 ,minimum ,no ,state shall receive an allotment under paragraph 7#a7 in an amount that is less than #fj1jjj4 7c7 ,goal ,each program that receives funding under this section shall be designed to-- 7#a7 prepare adults who are ,english language learners for1 and place such adults in1 unsubsidized employment in in-demand industries and occupations that lead to economic self-sufficiency2 and 7#b7 integrate with the local workforce development system and its functions to carry out the activities of the program4 7d7 ,report ,the ,secretary shall prepare and submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and make available to the public1 a report on the activities carried out under this section4 ,,iii ,amendments to the ,wagner-,peyser ,act #cja4 ,employment service offices ,section #a of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di7 is amended by inserting service before offices4 #cjb4 ,definitions ,section #b of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;a7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 the terms chief elected official1 institution of higher education1 one-stop center1 one-stop partner1 training services1 workforce development activity1 and workplace learning advisor1 have the meaning given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act2 2 7#b7 in paragraph 7#b7-- 7,a7 by striking investment board each place it appears and inserting development board2 and 7,b7 by striking section #aag of the ,workforce ,investment ,act of #aiih and inserting section #ajg of the ,workforce ,innovation and ,opportunity ,act2 7#c7 in paragraph 7#c7-- 7,a7 by striking #acd7;c7 and inserting #aba7;e72 and 7,b7 by striking ,workforce ,investment ,act of #aiih and inserting ,workforce ,innovation and ,opportunity ,act2 and 7#d7 in paragraph 7#d71 by striking and at the end2 7#e7 in paragraph 7#e71 by striking the period and inserting 2 and2 and 7#f7 by adding at the end the following3 7#f7 the term employment service office means a local office of a ,state agency2 and 7#g7 except in section #ae1 the term ,state agency1 used without further description1 means an agency designated or authorized under section #d4 4 #cjc4 ,federal and ,state employment service offices 7a7 ,coordination ,section #c7;a7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;b7a77 is amended by striking services and inserting service offices4 7b7 ,public labor exchange services system ,section #c7;c7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;b7c77 is amended-- 7#a7 in paragraph 7#b71 by striking the semicolon and inserting 1 and identify and disseminate information on best practices for such system2 and2 and 7#b7 by adding at the end the following3 7#d7 in coordination with the ,state agencies and the staff of such agencies1 assist in the planning and implementation of activities to enhance the professional development and career advancement opportunities of such staff1 in order to strengthen the provision of a broad range of career guidance services1 the identification of job openings 7including providing intensive outreach to small and medium-sized employers and enhanced employer services71 the provision of technical assistance and training to other providers of workforce development activities 7including workplace learning advisors7 relating to counseling and employment-related services1 and the development of new strategies for coordinating counseling and technology4 4 7c7 ,one-stop centers ,section #c of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;b7 is amended by inserting after subsection 7c7 the following3 7d7 ,in order to improve service delivery1 avoid duplication of services1 and enhance coordination of services1 including location of staff to ensure access to services under section #g7;a7 statewide in underserved areas1 employment service offices in each ,state shall be colocated with one-stop centers4 7e7 ,the ,secretary1 in consultation with ,states1 is authorized to assist the ,states in the development of national electronic tools that may be used to improve access to workforce information for individuals through-- 7#a7 the one-stop delivery systems established as described in section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act2 and 7#b7 such other delivery systems as the ,secretary determines to be appropriate4 4 #cjd4 ,allotment of sums ,section #f of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;e7 is amended-- 7#a7 in subsection 7a71 by striking amounts appropriated pursuant to section #e and inserting funds appropriated and 7except for ,guam7 certified under section #e and made available for allotments under this section2 and 7#b7 in subsection 7b77#a7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting before the ,secretary the following after making the allotments required by subsection 7a712 and 7ii7 by striking sums and all that follows through this ,act and inserting funds described in subsection 7a72 7,b7 in each of subparagraphs 7,a7 and 7,b71 by striking sums and inserting remainder2 and 7,c7 by adding at the end the following3 ,for purposes of this paragraph1 the term ,state does not include ,guam or the ,virgin ,islands44 #cje4 ,use of sums 7a7 ,improved coordination ,section #g7;a77#a7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f7a77#a77 is amended by inserting 1 including unemployment insurance claimants1 after seekers4 7b7 ,resources for unemployment insurance claimants ,section #g7;a77#c7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f7a77#c77 is amended-- 7#a7 by striking and at the end of subparagraph 7,e72 7#b7 in subparagraph 7,f7-- 7,a7 by inserting 1 including making eligibility assessments1 after system2 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 providing unemployment insurance claimants with referrals to1 and application assistance for1 training and education resources and programs1 including ,federal ,pell ,grants under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq471 educational assistance under chapter #cj of title #ch1 ,united ,states ,code 7commonly referred to as the ,montgomery ,,gi ,bill71 and chapter #cc of that title 7,post-#i_/aa ,veterans ,educational ,assistance71 student assistance under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 ,state student higher education assistance1 and training and education programs provided under titles ,i and ,,ii of the ,workforce ,innovation and ,opportunity ,act1 and title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq474 4 7c7 ,state activities ,section #g7;b7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f7b77 is amended-- 7#a7 in paragraph 7#a71 by striking performance standards established by the ,secretary and inserting the performance accountability measures that are based on indicators described in section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act2 7#b7 in paragraph 7#b71 by inserting offices after employment service2 and 7#c7 in paragraph 7#c71 by inserting 1 and models for enhancing professional development and career advancement opportunities of ,state agency staff1 as described in section #c7;c77#d7 after subsection 7a74 7d7 ,providing additional funds ,subsections 7c77#b7 and 7d7 of section #g of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f7 are amended by striking the ,workforce ,investment ,act of #aiih and inserting the ,workforce ,innovation and ,opportunity ,act4 7e7 ,conforming amendment ,section #g7;e7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f7e77 is amended by striking labor employment statistics and inserting workforce and labor market information4 #cjf4 ,state plan ,section #h of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;g7 is amended to read as follows3 #h4 ,any ,state desiring to receive assistance under section #f shall prepare and submit to1 and have approved by1 the ,secretary and the ,secretary of ,education1 a ,state plan in accordance with section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act4 4 #cjg4 ,performance measures ,section #ac7;a7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil7a77 is amended to read as follows3 7a7 ,the activities carried out pursuant to section #g shall be subject to the performance accountability measures that are based on indicators described in section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act4 4 #cjh4 ,workforce and labor market information system 7a7 ,heading ,the section heading for section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7 is amended by striking ,employment statistics and inserting ,workforce and labor market information system4 7b7 ,name of system ,section #ae7;a77#a7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;a77#a77 is amended by striking employment statistics system of employment statistics and inserting workforce and labor market information system4 7c7 ,system responsibilities ,section #ae7;b7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;b77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,structure ,the workforce and labor market information system described in subsection 7a7 shall be evaluated and improved by the ,secretary1 in consultation with the ,workforce ,information ,advisory ,council established in subsection 7d74 7,b7 ,grants and responsibilities 7i7 ,in general ,the ,secretary shall carry out the provisions of this section in a timely manner1 through grants to or agreements with ,states4 7ii7 ,distribution of funds ,using amounts appropriated under subsection 7g71 the ,secretary shall provide funds through those grants and agreements4 ,in distributing the funds 7relating to workforce and labor market information funding7 for fiscal years #bjae through #bjbj1 the ,secretary shall continue to distribute the funds to ,states in the manner in which the ,secretary distributed funds to the ,states under this section for fiscal years #bjjd through #bjjh4 2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,duties ,the ,secretary1 with respect to data collection1 analysis1 and dissemination of workforce and labor market information for the system1 shall carry out the following duties3 7,a7 ,assign responsibilities within the ,department of ,labor for elements of the workforce and labor market information system described in subsection 7a7 to ensure that the statistical and administrative data collected is consistent with appropriate ,bureau of ,labor ,statistics standards and definitions1 and that the information is accessible and understandable to users of such data4 7,b7 ,actively seek the cooperation of heads of other ,federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities4 7,c7 ,solicit1 receive1 and evaluate the recommendations from the ,workforce ,information ,advisory ,council established in subsection 7d7 concerning the evaluation and improvement of the workforce and labor market information system described in subsection 7a7 and respond in writing to the ,council regarding the recommendations4 7,d7 ,eliminate gaps and duplication in statistical undertakings4 7,e7 ,through the ,bureau of ,labor ,statistics and the ,employment and ,training ,administration1 and in collaboration with ,states1 develop and maintain the elements of the workforce and labor market information system described in subsection 7a71 including the development of consistent procedures and definitions for use by the ,states in collecting the data and information described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a74 7,f7 ,establish procedures for the system to ensure that-- 7i7 such data and information are timely2 and 7ii7 paperwork and reporting for the system are reduced to a minimum4 4 7d7 ,two-year plan ,section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,two-year plan ,the ,secretary1 acting through the ,commissioner of ,labor ,statistics and the ,assistant ,secretary for ,employment and ,training1 and in consultation with the ,workforce ,information ,advisory ,council described in subsection 7d7 and heads of other appropriate ,federal agencies1 shall prepare a #b-year plan for the workforce and labor market information system4 ,the plan shall be developed and implemented in a manner that takes into account the activities described in ,state plans submitted by ,states under section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act and shall be submitted to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 ,the plan shall include-- 7#a7 a description of how the ,secretary will work with the ,states to manage the nationwide workforce and labor market information system described in subsection 7a7 and the statewide workforce and labor market information systems that comprise the nationwide system2 7#b7 a description of the steps to be taken in the following #b years to carry out the duties described in subsection 7b77#b72 7#c7 an evaluation of the performance of the system1 with particular attention to the improvements needed at the ,state and local levels2 7#d7 a description of the involvement of ,states in the development of the plan1 through consultation by the ,secretary with the ,workforce ,information ,advisory ,council in accordance with subsection 7d72 and 7#e7 a description of the written recommendations received from the ,workforce ,information ,advisory ,council established under subsection 7d71 and the extent to which those recommendations were incorporated into the plan4 4 7e7 ,workforce information advisory council ,section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,workforce information advisory council 7#a7 ,in general ,the ,secretary1 through the ,commissioner of ,labor ,statistics and the ,assistant ,secretary for ,employment and ,training1 shall formally consult at least twice annually with the ,workforce ,information ,advisory ,council established in accordance with paragraph 7#b74 ,such consultations shall address the evaluation and improvement of the nationwide workforce and labor market information system described in subsection 7a7 and the statewide workforce and labor market information systems that comprise the nationwide system and how the ,department of ,labor and the ,states will cooperate in the management of such systems4 ,the ,council shall provide written recommendations to the ,secretary concerning the evaluation and improvement of the nationwide system1 including any recommendations regarding the #b-year plan described in subsection 7c74 7#b7 ,establishment of council 7,a7 ,establishment ,the ,secretary shall establish an advisory council that shall be known as the ,workforce ,information ,advisory ,council 7referred to in this section as the ,council7 to participate in the consultations and provide the recommendations described in paragraph 7#a74 7,b7 ,membership ,the ,secretary shall appoint the members of the ,council1 which shall consist of-- 7i7 #d members who are representatives of lead ,state agencies with responsibility for workforce investment activities1 or ,state agencies described in section #d1 who have been nominated by such agencies or by a national organization that represents such agencies2 7ii7 #d members who are representatives of the ,state workforce and labor market information directors affiliated with the ,state agencies that perform the duties described in subsection 7e77#b71 who have been nominated by the directors2 7iii7 #a member who is a representative of providers of training services under section #abb of the ,workforce ,innovation and ,opportunity ,act2 7iv7 #a member who is a representative of economic development entities2 7v7 #a member who is a representative of businesses1 who has been nominated by national business organizations or trade associations2 7vi7 #a member who is a representative of labor organizations1 who has been nominated by a national labor federation2 7vii7 #a member who is a representative of local workforce development boards1 who has been nominated by a national organization representing such boards2 and 7viii7 #a member who is a representative of research entities that utilize workforce and labor market information4 7,c7 ,geographic diversity ,the ,secretary shall ensure that the membership of the ,council is geographically diverse and that no #b of the members appointed under clauses 7i71 7ii71 and 7vii7 represent the same ,state4 7,d7 ,period of appointment2 vacancies 7i7 ,in general ,each member of the ,council shall be appointed for a term of #c years1 except that the initial terms for members may be #a1 #b1 or #c years in order to establish a rotation in which one-third of the members are selected each year4 ,any such member may be appointed for not more than #b consecutive terms4 7ii7 ,vacancies ,any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term4 ,a member may serve after the expiration of that member's term until a successor has taken office4 7,e7 ,travel expenses ,the members of the ,council shall not receive compensation for the performance of services for the ,council1 but shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,council4 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary may accept the voluntary and uncompensated services of members of the ,council4 7,f7 ,permanent council ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 4 7f7 ,state responsibilities ,section #ae7;e7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;e77 is amended-- 7#a7 by striking employment statistics each place it appears and inserting workforce and labor market information2 7#b7 in paragraph 7#a77;,a7 by striking annual plan and inserting plan described in subsection 7c72 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,g71 by inserting and at the end2 7,b7 by striking subparagraph 7,h72 7,c7 in subparagraph 7,i71 by striking section #acf7;f77#b7 of the ,workforce ,investment ,act of #aiih and inserting section #aaf7;i77#b7 of the ,workforce ,innovation and ,opportunity ,act2 and 7,d7 by redesignating subparagraph 7,i7 as subparagraph 7,h74 7g7 ,authorization of appropriations ,section #ae7;g7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7;g77 is amended by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjd and inserting #fj1aec1jjj for fiscal year #bjae1 #fd1gii1jjj for fiscal year #bjaf1 #ff1add1jjj for fiscal year #bjag1 #fg1faa1jjj for fiscal year #bjah1 #fi1bjj1jjj for fiscal year #bjai1 and #gj1ffg1jjj for fiscal year #bjbj4 ,,iv ,amendments to the ,rehabilitation ,act of #aigc ,a ,introductory ,provisions #dja4 ,references ,except as otherwise specifically provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a provision1 the amendment or repeal shall be considered to be made to a provision of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq474 #djb4 ,findings1 purpose1 policy 7a7 ,findings ,section #b7;a7 7#bi ,u4,s4,c4 #gja7;a77 is amended-- 7#a7 in paragraph 7#d71 by striking workforce investment systems under title ,i of the ,workforce ,investment ,act of #aiih and inserting workforce development systems defined in section #c of the ,workforce ,innovation and ,opportunity ,act2 7#b7 in paragraph 7#e71 by striking and at the end2 7#c7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7#g7 7,a7 a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment1 or being enrolled in postsecondary education2 and 7,b7 there is a substantial need to support such students as they transition from school to postsecondary life4 4 7b7 ,purpose ,section #b7;b7 7#bi ,u4,s4,c4 #gja7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking workforce investment systems implemented in accordance with title ,i of the ,workforce ,investment ,act of #aiih and inserting workforce development systems defined in section #c of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 at the end of subparagraph 7,f71 by striking and2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 to maximize opportunities for individuals with disabilities1 including individuals with significant disabilities1 for competitive integrated employment2 2 7#d7 in paragraph 7#c71 as redesignated by paragraph 7#b71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7#d7 to increase employment opportunities and employment outcomes for individuals with disabilities1 including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies2 and 7#e7 to ensure1 to the greatest extent possible1 that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 and receipt of services under section #ejd of this ,act have opportunities for postsecondary success4 4 #djc4 ,rehabilitation ,services ,administration ,section #c 7#bi ,u4,s4,c4 #gjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the first sentence1 by inserting in the ,department of ,education after ,secretary2 7,b7 by striking the second sentence and inserting ,such ,administration shall be the principal agency1 and the ,commissioner shall be the principal officer1 of the ,department for purposes of carrying out titles ,i1 ,,iii1 ,,vi1 and chapter #b of title ,,vii42 and 7,c7 in the fourth and sixth sentences1 by inserting of ,education after ,secretary the first place it appears2 and 7#b7 in subsection 7b71 by inserting of ,education after ,secretary4 #djd4 ,definitions ,section #g 7#bi ,u4,s4,c4 #gje7 is amended-- 7#a7 in paragraph 7#b77;,b7-- 7,a7 in clause 7iii71 by striking and at the end2 7,b7 in clause 7iv71 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following3 7v7 to the maximum extent possible1 relies on information obtained from experiences in integrated employment settings in the community1 and other integrated community settings2 2 7#b7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,assistive technology terms 7,a7 ,assistive technology ,the term assistive technology has the meaning given such term in section #c of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjb74 7,b7 ,assistive technology device ,the term assistive technology device has the meaning given such term in section #c of the ,assistive ,technology ,act of #aiih1 except that the reference in such section to the term individuals with disabilities shall be deemed to mean more than #a individual with a disability as defined in paragraph 7#bj77;,a774 7,c7 ,assistive technology service ,the term assistive technology service has the meaning given such term in section #c of the ,assistive ,technology ,act of #aiih1 except that the reference in such section-- 7i7 to the term individual with a disability shall be deemed to mean an individual with a disability1 as defined in paragraph 7#bj77;,a72 and 7ii7 to the term individuals with disabilities shall be deemed to mean more than #a such individual4 2 7#c7 by redesignating paragraph 7#e7 as paragraph 7#d72 7#d7 in paragraph 7#d71 as redesignated by paragraph 7#c7-- 7,a7 by redesignating subparagraphs 7,o7 through 7,q7 as subparagraphs 7,p7 through 7,r71 respectively2 7,b7 by inserting after subparagraph 7,n7 the following3 7,o7 customized employment2 2 and 7,c7 in subparagraph 7,r71 as redesignated by subparagraph 7,a7 of this paragraph1 by striking 7,p7 and inserting 7,q72 7#e7 by inserting before paragraph 7#f7 the following3 7#e7 ,competitive integrated employment ,the term competitive integrated employment means work that is performed on a full-time or part-time basis 7including self-employment7-- 7,a7 for which an individual-- 7i7 is compensated at a rate that-- 7,i7 7aa7 shall be not less than the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the rate specified in the applicable ,state or local minimum wage law2 and 7bb7 is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities1 and who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills2 or 7,,ii7 in the case of an individual who is self-employed1 yields an income that is comparable to the income received by other individuals who are not individuals with disabilities1 and who are self-employed in similar occupations or on similar tasks and who have similar training1 experience1 and skills2 and 7ii7 is eligible for the level of benefits provided to other employees2 7,b7 that is at a location where the employee interacts with other persons who are not individuals with disabilities 7not including supervisory personnel or individuals who are providing services to such employee7 to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons2 and 7,c7 that1 as appropriate1 presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions4 2 7#f7 in paragraph 7#f77;,b71 by striking includes and all that follows through fees and inserting includes architects' fees2 7#g7 by inserting after paragraph 7#f7 the following3 7#g7 ,customized employment ,the term customized employment means competitive integrated employment1 for an individual with a significant disability1 that is based on an individualized determination of the strengths1 needs1 and interests of the individual with a significant disability1 is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer1 and is carried out through flexible strategies1 such as-- 7,a7 job exploration by the individual2 7,b7 working with an employer to facilitate placement1 including-- 7i7 customizing a job description based on current employer needs or on previously unidentified and unmet employer needs2 7ii7 developing a set of job duties1 a work schedule and job arrangement1 and specifics of supervision 7including performance evaluation and review71 and determining a job location2 7iii7 representation by a professional chosen by the individual1 or self-representation of the individual1 in working with an employer to facilitate placement2 and 7iv7 providing services and supports at the job location4 2 7#h7 in paragraph 7#aa7-- 7,a7 in subparagraph 7,c7-- 7i7 by inserting of ,education after ,secretary2 and 7ii7 by inserting customized employment1 before self-employment12 7#i7 in paragraph 7#ab71 by inserting of ,education after ,secretary each place it appears2 7#aj7 in paragraph 7#ad77;,c71 by inserting of ,education after ,secretary2 7#aa7 in paragraph 7#ag7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 services that-- 7i7 facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences1 with the requisite supports and services2 7ii7 provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community2 and 7iii7 facilitate the transition of youth who are individuals with significant disabilities1 who were eligible for individualized education programs under section #fad7;d7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d771 and who have completed their secondary education or otherwise left school1 to postsecondary life4 2 7#ab7 in paragraph 7#ah71 by striking term and all that follows through includes-- and inserting term independent living services includes--2 7#ac7 in paragraph 7#ai7-- 7,a7 in subparagraph 7,a71 by inserting before the period the following3 and includes a ,native and a descendant of a ,native1 as such terms are defined in subsections 7b7 and 7r7 of section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb72 and 7,b7 in subparagraph 7,b71 by inserting before the period the following3 and a tribal organization 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l7772 7#ad7 in paragraph 7#bc71 by striking section #aja and inserting section #ajb2 7#ae7 by striking paragraph 7#be7 and inserting the following3 7#be7 ,local workforce development board ,the term local workforce development board means a local board1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act4 2 7#af7 by striking paragraph 7#cg72 7#ag7 by redesignating paragraphs 7#bi7 through 7#ci7 as paragraphs 7#ca7 through 7#cf71 and 7#ch7 through 7#da71 respectively2 7#ah7 by inserting after paragraph 7#bh7 the following3 7#cj7 ,pre-employment transition services ,the term pre-employment transition services means services provided in accordance with section #aac4 2 7#ai7 by striking paragraph 7#cc71 as redesignated by paragraph 7#ag71 and inserting the following3 7#cc7 ,secretary ,unless where the context otherwise requires1 the term ,secretary-- 7,a7 used in title ,i1 ,,iii1 ,,iv1 ,v1 ,,vi1 or chapter #b of title ,,vii1 means the ,secretary of ,education2 and 7,b7 used in title ,,ii or chapter #a of title ,,vii1 means the ,secretary of ,health and ,human ,services4 2 7#bj7 by striking paragraphs 7#ce7 and 7#cf71 as redesignated by paragraph 7#ag71 and inserting the following3 7#ce7 ,state workforce development board ,the term ,state workforce development board means a ,state board1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#cf7 ,statewide workforce development system ,the term statewide workforce development system means a workforce development system1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act4 2 7#ba7 by inserting after that paragraph 7#cf7 the following3 7#cg7 ,student with a disability 7,a7 ,in general ,the term student with a disability means an individual with a disability who-- 7i7 7,i7 7aa7 is not younger than the earliest age for the provision of transition services under section #fad7;d77#a77;,a77i77,,viii7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d77#a77;,a77i77,,viii772 or 7bb7 if the ,state involved elects to use a lower minimum age for receipt of pre-employment transition services under this ,act1 is not younger than that minimum age2 and 7,,ii7 7aa7 is not older than #ba years of age2 or 7bb7 if the ,state law for the ,state provides for a higher maximum age for receipt of services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 is not older than that maximum age2 and 7ii7 7,i7 is eligible for1 and receiving1 special education or related services under part ,b of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa et seq472 or 7,,ii7 is an individual with a disability1 for purposes of section #ejd4 7,b7 ,students with disabilities ,the term students with disabilities means more than #a student with a disability4 2 7#bb7 by striking paragraphs 7#ch7 and 7#ci71 as redesignated by paragraph 7#ag71 and inserting the following3 7#ch7 ,supported employment ,the term supported employment means competitive integrated employment1 including customized employment1 or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment1 that is individualized and customized consistent with the strengths1 abilities1 interests1 and informed choice of the individuals involved1 for individuals with the most significant disabilities-- 7,a7 7i7 for whom competitive integrated employment has not historically occurred2 or 7ii7 for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability2 and 7,b7 who1 because of the nature and severity of their disability1 need intensive supported employment services and extended services after the transition described in paragraph 7#ac77;,c71 in order to perform the work involved4 7#ci7 ,supported employment services ,the term supported employment services means ongoing support services1 including customized employment1 needed to support and maintain an individual with a most significant disability in supported employment1 that-- 7,a7 are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment2 7,b7 are based on a determination of the needs of an eligible individual1 as specified in an individualized plan for employment2 and 7,c7 are provided by the designated ,state unit for a period of not more than #bd months1 except that period may be extended1 if necessary1 in order to achieve the employment outcome identified in the individualized plan for employment4 2 7#bc7 in paragraph 7#da71 as redesignated by paragraph 7#ag71 by striking as defined in section #aja of the ,workforce ,investment ,act of #aiih and inserting as defined in section #c of the ,workforce ,innovation and ,opportunity ,act2 and 7#bd7 by inserting after paragraph 7#da71 as redesignated by paragraph 7#ag71 the following3 7#db7 ,youth with a disability 7,a7 ,in general ,the term youth with a disability means an individual with a disability who-- 7i7 is not younger than #ad years of age2 and 7ii7 is not older than #bd years of age4 7,b7 ,youth with disabilities ,the term youth with disabilities means more than #a youth with a disability4 4 #dje4 ,administration of the ,act 7a7 ,promulgation ,section #h7;a77#b7 7#bi ,u4,s4,c4 #gjf7;a77#b77 is amended by inserting of ,education after ,secretary4 7b7 ,privacy ,section #aa 7#bi ,u4,s4,c4 #gjh7 is amended-- 7#a7 by inserting 7a7 before ,the provisions2 and 7#b7 by adding at the end the following3 7b7 ,section #eja of the ,workforce ,innovation and ,opportunity ,act shall apply1 as specified in that section1 to amendments to this ,act that were made by the ,workforce ,innovation and ,opportunity ,act4 4 7c7 ,administration ,section #ab 7#bi ,u4,s4,c4 #gji7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 and inserting 7#a77;,a72 and 7ii7 by adding at the end the following3 7,b7 provide technical assistance to the designated ,state units on developing successful partnerships with local and multi-,state businesses in an effort to increase the employment of individuals with disabilities2 7,c7 provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities2 and 7,d7 provide technical assistance to entities carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment1 and to transition individuals with disabilities away from nonintegrated settings2 2 and 7,b7 in paragraph 7#b71 by striking 1 centers for independent living12 7#b7 in subsection 7c71 by striking ,commissioner the first place it appears and inserting ,secretary of ,education2 7#c7 in subsection 7d71 by inserting of ,education after ,secretary2 7#d7 in subsection 7e7-- 7,a7 by striking ,rehabilitation ,act ,amendments of #aiih each place it appears and inserting ,workforce ,innovation and ,opportunity ,act2 and 7,b7 by inserting of ,education after ,secretary2 7#e7 in subsection 7f71 by inserting of ,education after ,secretary2 7#f7 7,a7 in subsection 7c71 by striking 7c7 and inserting 7c77#a72 7,b7 in subsection 7d71 by striking 7d7 and inserting 7d77#a72 7,c7 in subsection 7e71 by striking 7e7 and inserting 7#b72 7,d7 in subsection 7f71 by striking 7f7 and inserting 7#b72 and 7,e7 by moving paragraph 7#b7 7as redesignated by subparagraph 7,d77 to the end of subsection 7c72 and 7#g7 by inserting after subsection 7d7 the following3 7e7 7#a7 ,the ,administrator of the ,administration for ,community ,living 7referred to in this subsection as the ,administrator7 may carry out the authorities and shall carry out the responsibilities of the ,commissioner described in paragraphs 7#a77;,a7 and 7#b7 through 7#d7 of subsection 7a71 and subsection 7b71 except that1 for purposes of applying subsections 7a7 and 7b71 a reference in those subsections-- 7,a7 to facilitating meaningful and effective participation shall be considered to be a reference to facilitating meaningful and effective collaboration with independent living programs1 and promoting a philosophy of independent living for individuals with disabilities in community activities2 and 7,b7 to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and ,statewide ,independent ,living ,councils4 7#b7 ,the ,secretary of ,health and ,human ,services may carry out the authorities and shall carry out the responsibilities of the ,secretary of ,education described in subsections 7c7 and 7d74 7f7 7#a7 ,in subsections 7a7 through 7d71 a reference to this ,act means a provision of this ,act that the ,secretary of ,education has authority to carry out2 and 7#b7 ,in subsection 7e71 for purposes of applying subsections 7a7 through 7d71 a reference in those subsections to this ,act means a provision of this ,act that the ,secretary of ,health and ,human ,services has authority to carry out4 4 #djf4 ,reports ,section #ac 7#bi ,u4,s4,c4 #gaj7 is amended-- 7#a7 in section 7c7-- 7,a7 by striking 7c7 and inserting 7c77#a72 and 7,b7 in the second sentence1 by striking section #acf7;d7 of the ,workforce ,investment ,act of #aiih and inserting section #aaf7;d77#b7 of the ,workforce ,innovation and ,opportunity ,act2 and 7#b7 by adding at the end the following3 7d7 ,the ,commissioner shall ensure that the report described in this section is made publicly available in a timely manner1 including through electronic means1 in order to inform the public about the administration and performance of programs under this ,act4 4 #djg4 ,evaluation and information 7a7 ,evaluation ,section #ad 7#bi ,u4,s4,c4 #gaa7 is amended-- 7#a7 by inserting of ,education after ,secretary each place it appears2 7#b7 in subsection 7f77#b71 by inserting competitive before integrated employment2 7#c7 7,a7 in subsection 7b71 by striking 7b7 and inserting 7b77#a72 7,b7 in subsection 7c71 by striking 7c7 and inserting 7#b72 7,c7 in subsection 7d71 by striking 7d7 and inserting 7#c72 and 7,d7 by redesignating subsections 7e7 and 7f7 as subsections 7c7 and 7d71 respectively2 7#d7 by inserting after subsection 7d71 as redesignated by paragraph 7#c77;,d71 the following3 7e7 7#a7 ,the ,secretary of ,health and ,human ,services may carry out the authorities and shall carry out the responsibilities of the ,secretary of ,education described in subsections 7a7 and 7b74 7#b7 ,the ,administrator of the ,administration for ,community ,living may carry out the authorities and shall carry out the responsibilities of the ,commissioner described in subsections 7a7 and 7d77#a71 except that1 for purposes of applying those subsections1 a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living4 7f7 7#a7 ,in subsections 7a7 through 7d71 a reference to this ,act means a provision of this ,act that the ,secretary of ,education has authority to carry out2 and 7#b7 ,in subsection 7e71 for purposes of applying subsections 7a71 7b71 and 7d71 a reference in those subsections to this ,act means a provision of this ,act that the ,secretary of ,health and ,human ,services has authority to carry out4 4 7b7 ,information ,section #ae 7#bi ,u4,s4,c4 #gab7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting of ,education after ,secretary each place it appears2 and 7,b7 in paragraph 7#a71 by striking ,state workforce investment boards and inserting ,state workforce development boards2 and 7#b7 in subsection 7b71 by striking ,secretary and inserting ,secretary of ,education4 #djh4 ,carryover ,section #ai7;a77#a7 7#bi ,u4,s4,c4 #gaf7;a77#a77 is amended by striking part ,b of title ,,vi and inserting title ,,vi4 #dji4 ,traditionally underserved populations ,section #ba 7#bi ,u4,s4,c4 #gah7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking racial and inserting demographic2 7ii7 in the second sentence-- 7,i7 by striking rate of increase the first place it appears and inserting percentage increase from #bjjj to #bjaj2 7,,ii7 by striking is #c4b and inserting was #i4g2 7,,iii7 by striking rate of increase and inserting percentage increase2 7,,iv7 by striking is much and inserting was much2 7,v7 by striking #ch4f and inserting #dc4j2 7,,vi7 by striking #ad4f and inserting #ab4c2 7,,vii7 by striking #dj4a and inserting #dc4b2 and 7,,viii7 by striking and other ethnic groups2 and 7iii7 by striking the last sentence2 and 7,b7 in paragraph 7#b71 by striking the second and third sentences and inserting the following3 8,in #bjaa-- 7,a7 among ,americans ages #af through #fd1 the rate of disability was #ab4a percent2 7,b7 among ,african-,americans in that age range1 the disability rate was more than twice as high1 at #bg4a percent2 and 7,c7 for ,american ,indians and ,alaska ,natives in the same age range1 the disability rate was also more than twice as high1 at #bg4j percent4 2 7#b7 in subsection 7b77#a71 by striking ,national ,institute on ,disability and ,rehabilitation ,research and inserting ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research2 and 7#c7 in subsection 7c71 by striking ,director and inserting ,director of the ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research4 ,b ,vocational rehabilitation services #daa4 ,declaration of policy2 authorization of appropriations 7a7 ,findings2 purpose2 policy ,section #ajj7;a7 7#bi ,u4,s4,c4 #gbj7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c71 by striking integrated and inserting competitive integrated employment2 7,b7 in subparagraph 7,d77iii71 by striking medicare and medicaid and inserting ,medicare and ,medicaid2 7,c7 in subparagraph 7,f71 by striking investment and inserting development2 and 7,d7 in subparagraph 7,g7-- 7i7 by striking workforce investment systems and inserting workforce development systems2 and 7ii7 by striking workforce investment activities and inserting workforce development activities2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking workforce investment system and inserting workforce development system2 and 7,b7 in subparagraph 7,b71 by striking and informed choice1 and inserting informed choice1 and economic self-sufficiency12 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b71 by striking gainful employment in integrated settings and inserting competitive integrated employment2 and 7,b7 in subparagraph 7,e71 by inserting should before facilitate4 7b7 ,authorization of appropriations ,section #ajj7;b77#a7 7#bi ,u4,s4,c4 #gbj7;b77#a77 is amended by striking such sums as may be necessary for fiscal years #aiii through #bjjc and inserting #c1cjb1jec1jjj for each of the fiscal years #bjae through #bjbj4 #dab4 ,state plans 7a7 ,plan requirements ,section #aja7;a7 7#bi ,u4,s4,c4 #gba7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking to participate and all that follows and inserting to receive funds under this title for a fiscal year1 a ,state shall submit1 and have approved by the ,secretary and the ,secretary of ,labor1 a unified ,state plan in accordance with section #ajb1 or a combined ,state plan in accordance with section #ajc1 of the ,workforce ,innovation and ,opportunity ,act4 ,the unified or combined ,state plan shall include1 in the portion of the plan described in section #ajb7;b77#b77;,d7 of such ,act 7referred to in this subsection as the vocational rehabilitation services portion71 the provisions of a ,state plan for vocational rehabilitation services1 described in this subsection42 and 7,b7 in subparagraph 7,b7-- 7i7 by striking in the ,state plan for vocational rehabilitation services1 and inserting as part of the vocational rehabilitation services portion of the unified or combined ,state plan submitted in accordance with subparagraph 7,a712 and 7ii7 by striking ,rehabilitation ,act ,amendments of #aiih and inserting ,workforce ,innovation and ,opportunity ,act2 and 7,c7 in subparagraph 7,c7-- 7i7 by striking ,the ,state plan shall remain in effect subject to the submission of such modifications and inserting ,the vocational rehabilitation services portion of the unified or combined ,state plan submitted in accordance with subparagraph 7,a7 shall remain in effect until the ,state submits and receives approval of a new ,state plan in accordance with subparagraph 7,a71 or until the submission of such modifications2 and 7ii7 by striking 1 until the ,state submits and receives approval of a new ,state plan2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking ,the ,state plan and inserting ,the ,state plan for vocational rehabilitation services2 and 7,b7 in subparagraph 7,b77ii7-- 7i7 in subclause 7,,ii71 by inserting who is responsible for the day-to-day operation of the vocational rehabilitation program before the semicolon2 7ii7 in subclause 7,,iii71 by striking and at the end2 7iii7 in subclause 7,,iv71 by striking the period and inserting 2 and2 and 7iv7 by adding at the end the following3 7,v7 has the sole authority and responsibility within the designated ,state agency described in subparagraph 7,a7 to expend funds made available under this title in a manner that is consistent with the purposes of this title4 2 7#c7 in paragraph 7#e7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 notwithstanding subparagraph 7,c71 permit the ,state1 in its discretion1 to elect to serve eligible individuals 7whether or not receiving vocational rehabilitation services7 who require specific services or equipment to maintain employment2 and 2 7#d7 in paragraph 7#g7-- 7,a7 in subparagraph 7,a77v7-- 7i7 in subclause 7,i71 after rehabilitation technology insert the following3 1 including training implemented in coordination with entities carrying out ,state programs under section #d of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjc72 and 7ii7 in subclause 7,,ii71 by striking ,rehabilitation ,act ,amendments of #aiih and inserting ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subparagraph 7,b71 by striking clause 7ii7 and inserting the following3 7ii7 the establishment and maintenance of education and experience requirements1 to ensure that the personnel have a #bast century understanding of the evolving labor force and the needs of individuals with disabilities1 including requirements for-- 7,i7 7aa7 attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation1 to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling1 social work1 psychology1 disability studies1 business administration1 human resources1 special education1 supported employment1 customized employment1 economics1 or another field that reasonably prepares individuals to work with consumers and employers2 and 7bb7 demonstrated paid or unpaid experience1 for not less than #a year1 consisting of-- 7,,aa7 direct work with individuals with disabilities in a setting such as an independent living center2 7,,bb7 direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities2 or 7,,cc7 direct experience as an employer1 as a small business owner or operator1 or in self-employment1 or other experience in human resources1 recruitment1 or experience in supervising employees1 training1 or other activities that provide experience in competitive integrated employment environments2 or 7,,ii7 attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation counseling1 law1 social work1 psychology1 disability studies1 business administration1 human resources1 special education1 management1 public administration1 or another field that reasonably provides competence in the employment sector1 in a disability field1 or in both business-related and rehabilitation-related fields2 and 2 7#e7 in paragraph 7#h7-- 7,a7 in subparagraph 7,a77i7-- 7i7 by inserting an accommodation or auxiliary aid or service or after prior to providing2 and 7ii7 by striking 7#e77;,d7 and inserting 7#e77;,e72 7,b7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i7-- 7,i7 by striking medicaid and inserting ,medicaid2 7,,ii7 by striking workforce investment system and inserting workforce development system2 7,,iii7 by striking 7#e77;,d7 and inserting 7#e77;,e72 7,,iv7 by inserting and1 if appropriate1 accommodations or auxiliary aids and services1 before that are included2 and 7,v7 by striking provision of such vocational rehabilitation services and inserting provision of such vocational rehabilitation services 7including1 if appropriate1 accommodations or auxiliary aids and services72 and 7ii7 in clause 7iv7-- 7,i7 by striking 7#e77;,d7 and inserting 7#e77;,e72 and 7,,ii7 by inserting 1 and accommodations or auxiliary aids and services before the period2 and 7,c7 in subparagraph 7,c77i71 by striking 7#e77;,d7 and inserting 7#e77;,e72 7#f7 in paragraph 7#aj7-- 7,a7 in subparagraph 7,b71 by striking annual and all that follows through of #aiih and inserting annual reporting of information1 on eligible individuals receiving the services1 that is necessary to assess the ,state's performance on the standards and indicators described in section #ajf7;a72 7,b7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by inserting 1 from each ,state1 after additional data2 7ii7 by striking clause 7i7 and inserting3 7i7 the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this title1 including the number of individuals determined to be ineligible 7disaggregated by type of disability and age72 2 7iii7 in clause 7ii7-- 7,i7 in subclause 7,i71 by striking 7#e77;,d7 and inserting 7#e77;,e72 7,,ii7 in subclause 7,,ii71 by striking and at the end2 and 7,,iii7 by adding at the end the following3 7,,iv7 the number of individuals with open cases 7disaggregated by those who are receiving training and those who are in postsecondary education71 and the type of services the individuals are receiving 7including supported employment72 7,v7 the number of students with disabilities who are receiving pre-employment transition services under this title3 and 7,,vi7 the number of individuals referred to ,state vocational rehabilitation programs by one-stop operators 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act71 and the number of individuals referred to such one-stop operators by ,state vocational rehabilitation programs2 2 and 7iv7 in clause 7iv77,i71 by inserting before the semicolon the following3 and1 for those who achieved employment outcomes1 the average length of time to obtain employment2 7,c7 in subparagraph 7,d77i71 by striking title ,i of the ,workforce ,investment ,act of #aiih and inserting title ,i of the ,workforce ,innovation and ,opportunity ,act2 7,d7 in subparagraph 7,e77ii71 by striking of the ,state and all that follows and inserting of the ,state in meeting the standards and indicators established pursuant to section #ajf42 and 7,e7 by adding at the end the following3 7,g7 ,rules for reporting of data ,the disaggregation of data under this ,act shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information1 or if the results would reveal personally identifiable information about an individual4 7,h7 ,comprehensive report ,the ,state plan shall specify that the ,commissioner will provide an annual comprehensive report that includes the reports and data required under this section1 as well as a summary of the reports and data1 for each fiscal year4 ,the ,commissioner shall submit the report to the ,committee on ,education and the ,workforce of the ,house of ,representatives1 the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committee on ,appropriations of the ,senate1 not later than #ij days after the end of the fiscal year involved4 2 7#g7 in paragraph 7#aa7-- 7,a7 in subparagraph 7,a7-- 7i7 in the subparagraph header1 by striking workforce investment systems and inserting workforce development systems2 7ii7 in the matter preceding clause 7i71 by striking workforce investment system and inserting workforce development system2 7iii7 in clause 7i77,,ii7-- 7,i7 by striking investment and inserting development2 and 7,,ii7 by inserting 7including programmatic accessibility and physical accessibility7 after program accessibility2 7iv7 in clause 7ii71 by striking workforce investment system and inserting workforce development system2 and 7v7 in clause 7v71 by striking workforce investment system and inserting workforce development system2 7,b7 in subparagraph 7,b71 by striking workforce investment system and inserting workforce development system2 7,c7 in subparagraph 7,c7-- 7i7 by inserting the ,state programs carried out under section #d of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjc71 after including2 7ii7 by inserting 1 noneducational agencies serving out-of-school youth1 after ,agriculture2 and 7iii7 by striking such agencies and programs and inserting such ,federal1 ,state1 and local agencies and programs2 and 7iv7 by striking workforce investment system and inserting workforce development system2 7,d7 in subparagraph 7,d7-- 7i7 in the matter preceding clause 7i71 by inserting 1 including pre-employment transition services1 before under this title2 7ii7 in clause 7i71 by inserting 1 which may be provided using alternative means for meeting participation 7such as video conferences and conference calls71 after consultation and technical assistance2 and 7iii7 in clause 7ii71 by striking completion and inserting implementation2 7,e7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,f7 and 7,h71 respectively2 7,f7 by inserting after subparagraph 7,d7 the following3 7,e7 ,coordination with employers ,the ,state plan shall describe how the designated ,state unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities1 in order to facilitate the provision of-- 7i7 vocational rehabilitation services2 and 7ii7 transition services for youth with disabilities and students with disabilities1 such as pre-employment transition services4 2 7,g7 in subparagraph 7,f71 as redesignated by subparagraph 7,e7 of this paragraph-- 7i7 by inserting chapter #a of after part ,c of2 and 7ii7 by inserting 1 as appropriate before the period2 7,h7 by inserting after subparagraph 7,f71 as redesignated by subparagraph 7,e7 of this paragraph1 the following3 7,g7 ,cooperative agreement regarding individuals eligible for home and community-based waiver programs ,the ,state plan shall include an assurance that the designated ,state unit has entered into a formal cooperative agreement with the ,state agency responsible for administering the ,state ,medicaid plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 and the ,state agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities1 with respect to the delivery of vocational rehabilitation services1 including extended services1 for individuals with the most significant disabilities who have been determined to be eligible for home and community-based services under a ,medicaid waiver1 ,medicaid ,state plan amendment1 or other authority related to a ,state ,medicaid program4 2 7,i7 in subparagraph 7,h71 as redesignated by subparagraph 7,e7 of this paragraph-- 7i7 in clause 7ii7-- 7,i7 by inserting on or before near2 and 7,,ii7 by striking and at the end2 7ii7 by redesignating clause 7iii7 as clause 7iv72 and 7iii7 by inserting after clause 7ii7 the following3 7iii7 strategies for the provision of transition planning1 by personnel of the designated ,state unit1 the ,state educational agency1 and the recipient of funds under part ,c1 that will facilitate the development and approval of the individualized plans for employment under section #ajb2 and 2 and 7,j7 by adding at the end the following3 7,i7 ,coordination with assistive technology programs ,the ,state plan shall include an assurance that the designated ,state unit1 and the lead agency and implementing entity 7if any7 designated by the ,governor of the ,state under section #d of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjc71 have developed working relationships and will enter into agreements for the coordination of their activities1 including the referral of individuals with disabilities to programs and activities described in that section4 7,j7 ,coordination with ticket to work and self-sufficiency program ,the ,state plan shall include an assurance that the designated ,state unit will coordinate activities with any other ,state agency that is functioning as an employment network under the ,ticket to ,work and ,self-,sufficiency ,program established under section #aadh of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ai74 7,k7 ,interagency cooperation ,the ,state plan shall describe how the designated ,state agency or agencies 7if more than #a agency is designated under paragraph 7#b77;,a77 will collaborate with the ,state agency responsible for administering the ,state ,medicaid plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 the ,state agency responsible for providing services for individuals with developmental disabilities1 and the ,state agency responsible for providing mental health services1 to develop opportunities for community-based employment in integrated settings1 to the greatest extent practicable4 2 7#h7 in paragraph 7#ad7-- 7,a7 in the paragraph header1 by striking ,annual and inserting ,semiannual2 7,b7 in subparagraph 7,a7-- 7i7 by striking an annual and inserting a semiannual2 7ii7 by striking has achieved an employment outcome and inserting is employed2 7iii7 by striking achievement of the outcome and all that follows through representative7 and inserting beginning of such employment1 and annually thereafter2 7iv7 by striking to competitive and all that follows and inserting the following3 to competitive integrated employment or training for competitive integrated employment22 7,c7 in subparagraph 7,b71 by striking and at the end2 7,d7 in subparagraph 7,c71 by striking the individuals described and all that follows and inserting individuals described in subparagraph 7,a7 in attaining competitive integrated employment2 and2 and 7,e7 by adding at the end the following3 7,d7 an assurance that the ,state will report the information generated under subparagraphs 7,a71 7,b71 and 7,c71 for each of the individuals1 to the ,administrator of the ,wage and ,hour ,division of the ,department of ,labor for each fiscal year1 not later than #fj days after the end of the fiscal year4 2 7#i7 in paragraph 7#ae7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,,ii71 by striking and at the end2 7,,ii7 in subclause 7,,iii7-- 7aa7 by striking workforce investment system and inserting workforce development system2 and 7bb7 by adding and at the end2 and 7,,iii7 by adding at the end the following3 7,,iv7 youth with disabilities1 and students with disabilities1 including their need for pre-employment transition services or other transition services2 2 7ii7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 and 7iii7 by inserting after clause 7i7 the following3 7ii7 include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services1 and the extent to which such services provided under this ,act are coordinated with transition services provided under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 in order to meet the needs of individuals with disabilities4 2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7ii7-- 7,i7 by striking part ,b of title ,,vi and inserting title ,,vi2 and 7,,ii7 by striking and at the end2 7ii7 by redesignating clause 7iii7 as clause 7iv72 and 7iii7 by inserting after clause 7ii7 the following3 7iii7 the number of individuals who are eligible for services under this title1 but are not receiving such services due to an order of selection2 and 2 and 7,c7 in subparagraph 7,d7-- 7i7 by redesignating clauses 7iii7 through 7v7 as clauses 7iv7 through 7vi71 respectively2 7ii7 by inserting after clause 7ii7 the following3 7iii7 the methods to be used to improve and expand vocational rehabilitation services for students with disabilities1 including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life 7including the receipt of vocational rehabilitation services under this title1 postsecondary education1 employment1 and pre-employment transition services72 2 and 7iii7 in clause 7vi71 as redesignated by clause 7i7 of this subparagraph1 by striking workforce investment system and inserting workforce development system2 7#aj7 in paragraph 7#bj71 in subparagraphs 7,a7 and 7,b77i71 by striking workforce investment system and inserting workforce development system2 7#aa7 in paragraph 7#bb71 by striking part ,b of title ,,vi and inserting title ,,vi2 and 7#ab7 by adding at the end the following3 7#be7 ,services for students with disabilities ,the ,state plan shall provide an assurance that1 with respect to students with disabilities1 the ,state-- 7,a7 has developed and will implement-- 7i7 strategies to address the needs identified in the assessments described in paragraph 7#ae72 and 7ii7 strategies to achieve the goals and priorities identified by the ,state1 in accordance with paragraph 7#ae71 to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis2 and 7,b7 has developed and will implement strategies to provide pre-employment transition services4 7#bf7 ,job growth and development ,the ,state plan shall provide an assurance describing how the ,state will utilize initiatives involving in-demand industry sectors or occupations under sections #ajf7;c7 and #ajh of the ,workforce ,innovation and ,opportunity ,act to increase competitive integrated employment opportunities for individuals with disabilities4 4 7b7 ,approval ,section #aja7;b7 7#bi ,u4,s4,c4 #gba7;b77 is amended to read as follows3 7b7 ,submission2 approval2 modification ,the ,state plan for vocational rehabilitation services shall be subject to-- 7#a7 subsection 7c7 of section #ajb of the ,workforce ,innovation and ,opportunity ,act1 in a case in which that plan is a portion of the unified ,state plan described in that section #ajb2 and 7#b7 subsection 7b71 and paragraphs 7#a71 7#b71 and 7#c7 of subsection 7c71 of section #ajc of such ,act in a case in which that ,state plan for vocational rehabilitation services is a portion of the combined ,state plan described in that section #ajc4 4 7c7 ,construction ,section #aja 7#bi ,u4,s4,c4 #gba7 is amended by adding at the end the following3 7c7 ,construction ,nothing in this part shall be construed to reduce the obligation under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 of a local educational agency or any other agency to provide or pay for any transition services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the ,state involved4 4 #dac4 ,eligibility and individualized plan for employment 7a7 ,eligibility ,section #ajb7;a7 7#bi ,u4,s4,c4 #gbb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking is an and inserting has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an2 7,b7 in subparagraph 7,b71 by striking or regain employment4 and inserting advance in1 or regain employment that is consistent with the individual's strengths1 resources1 priorities1 concerns1 abilities1 capabilities1 interests1 and informed choice42 and 7,c7 by adding at the end the following3 ,for purposes of an assessment for determining eligibility and vocational rehabilitation needs under this ,act1 an individual shall be presumed to have a goal of an employment outcome42 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in the subparagraph header1 by striking ,demonstration and inserting ,applicants2 and 7ii7 by striking 1 unless and all that follows and inserting a period2 and 7,b7 in subparagraph 7,b7-- 7i7 in the subparagraph header1 by striking ,methods and inserting ,responsibilities2 7ii7 in the first sentence-- 7,i7 by striking ,in making the demonstration required under subparagraph 7,a71 and inserting ,prior to determining under this subsection that an applicant described in subparagraph 7,a7 is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services12 and 7,,ii7 by striking 1 except under and all that follows and inserting a period2 and 7iii7 in the second sentence1 by striking individual or to determine and all that follows and inserting individual4 ,in providing the trial experiences1 the designated ,state unit shall provide the individual with the opportunity to try different employment experiences1 including supported employment1 and the opportunity to become employed in competitive integrated employment42 7#c7 in paragraph 7#c77;,a77ii71 by striking outcome from and all that follows and inserting outcome due to the severity of the individual's disability 7as of the date of the determination742 and 7#d7 in paragraph 7#e7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking ,if an individual and inserting ,if1 after the designated ,state unit carries out the activities described in paragraph 7#b77;,b71 a review of existing data1 and1 to the extent necessary1 the assessment activities described in section #g7b77;,a77ii71 an individual2 and 7ii7 by striking title is determined and all that follows through not to be and inserting title is determined not to be2 7,b7 by redesignating subparagraphs 7,a7 through 7,d7 as subparagraphs 7,b7 through 7,e71 respectively2 7,c7 by inserting before subparagraph 7,b71 as redesignated by subparagraph 7,b7 of this paragraph1 the following3 7,a7 the ineligibility determination shall be an individualized one1 based on the available data1 and shall not be based on assumptions about broad categories of disabilities2 2 and 7,d7 in clause 7i7 of subparagraph 7,c71 as redesignated by subparagraph 7,b7 of this paragraph1 by inserting after determination the following3 1 including the clear and convincing evidence that forms the basis for the determination of ineligibility4 7b7 ,development of an individualized plan for employment1 and related information ,section #ajb7;b7 7#bi ,u4,s4,c4 #gbb7;b77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking 1 to the extent determined to be appropriate by the eligible individual12 and 7,b7 by inserting or1 as appropriate1 a disability advocacy organization after counselor2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,individuals desiring to enter the workforce ,for an individual entitled to benefits under title ,,ii or ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq41 #acha et seq47 on the basis of a disability or blindness1 the designated ,state unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce1 including assistance with benefits planning4 2 7#d7 in paragraph 7#c71 as redesignated by paragraph 7#b7 of this subsection-- 7,a7 in subparagraph 7,e7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 amended1 as necessary1 to include the postemployment services and service providers that are necessary for the individual to maintain or regain employment1 consistent with the individual's strengths1 resources1 priorities1 concerns1 abilities1 capabilities1 interests1 and informed choice4 2 and 7,b7 by adding at the end the following3 7,f7 ,timeframe for completing the individualized plan for employment ,the individualized plan for employment shall be developed as soon as possible1 but not later than a deadline of #ij days after the date of the determination of eligibility described in paragraph 7#a71 unless the designated ,state unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed4 2 and 7#e7 in paragraph 7#d71 as redesignated by paragraph 7#b7 of this subsection-- 7,a7 in subparagraph 7,a71 by striking choice of the and all that follows and inserting choice of the eligible individual1 consistent with the general goal of competitive integrated employment 7except that in the case of an eligible individual who is a student1 the description may be a description of the student's projected postschool employment outcome722 7,b7 in subparagraph 7,b77i7-- 7i7 by redesignating subclause 7,,ii7 as subclause 7,,iii72 and 7ii7 by striking subclause 7,i7 and inserting the following3 7,i7 needed to achieve the employment outcome1 including1 as appropriate-- 7aa7 the provision of assistive technology devices and assistive technology services 7including referrals described in section #ajc7;a77#c7 to the device reutilization programs and demonstrations described in subparagraphs 7,b7 and 7,d7 of section #d7;e77#b7 of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjc7;e77#b77 through agreements developed under section #aja7;a77#aa77;,i72 and 7bb7 personal assistance services 7including training in the management of such services72 7,,ii7 in the case of a plan for an eligible individual that is a student1 the specific transition services and supports needed to achieve the student's employment outcome or projected postschool employment outcome2 and 2 7,c7 in subparagraph 7,f71 by striking and at the end2 7,d7 in subparagraph 7,g71 by striking the period and inserting 2 and2 and 7,e7 by adding at the end the following3 7,h7 for an individual who also is receiving assistance from an employment network under the ,ticket to ,work and ,self-,sufficiency ,program established under section #aadh of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ai71 a description of how responsibility for service delivery will be divided between the employment network and the designated ,state unit4 4 7c7 ,procedures ,section #ajb7;c7 7#bi ,u4,s4,c4 #gbb7;c77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 ,the procedures shall allow an applicant or an eligible individual the opportunity to request mediation1 an impartial due process hearing1 or both procedures42 7#b7 in paragraph 7#b77;,a7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 any applicable ,state limit on the time by which a request for mediation under paragraph 7#d7 or a hearing under paragraph 7#e7 shall be made1 and any required procedure by which the request shall be made4 2 and 7#c7 in paragraph 7#e7-- 7,a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,officer ,a due process hearing described in paragraph 7#b7 shall be conducted by an impartial hearing officer who1 on reviewing the evidence presented1 shall issue a written decision based on the provisions of the approved ,state plan1 requirements specified in this ,act 7including regulations implementing this ,act71 and ,state regulations and policies that are consistent with the ,federal requirements specified in this title4 ,the officer shall provide the written decision to the applicant or eligible individual1 or1 as appropriate1 the applicant's representative or individual's representative1 and to the designated ,state unit4 ,the impartial hearing officer shall have the authority to render a decision and require actions regarding the applicant's or eligible individual's vocational rehabilitation services under this title4 2 and 7,b7 in subparagraph 7,b71 by striking in laws and inserting about ,federal laws4 #dad4 ,vocational rehabilitation services ,section #ajc 7#bi ,u4,s4,c4 #gbc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ac71 by striking workforce investment system and inserting workforce development system2 7,b7 by striking paragraph 7#ae7 and inserting the following3 7#ae7 transition services for students with disabilities1 that facilitate the transition from school to postsecondary life1 such as achievement of an employment outcome in competitive integrated employment1 or pre-employment transition services2 2 7,c7 by redesignating paragraphs 7#ag7 and 7#ah7 as paragraphs 7#ai7 and 7#bj71 respectively2 and 7,d7 by inserting after paragraph 7#af7 the following3 7#ag7 customized employment2 7#ah7 encouraging qualified individuals who are eligible to receive services under this title to pursue advanced training in a science1 technology1 engineering1 or mathematics 7including computer science7 field1 medicine1 law1 or business2 4 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 7,a72 and 7,,ii7 by striking the second sentence and inserting ,such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment1 including supported employment and customized employment42 and 7ii7 by striking subparagraph 7,b72 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,technical assistance to businesses that are seeking to employ individuals with disabilities4 2 and 7,c7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,consultation and technical assistance services to assist ,state educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life1 including employment4 7#g7 ,transition services to youth with disabilities and students with disabilities1 for which a vocational rehabilitation counselor works in concert with educational agencies1 providers of job training programs1 providers of services under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 entities designated by the ,state to provide services for individuals with developmental disabilities1 centers for independent living 7as defined in section #gjb71 housing and transportation authorities1 workforce development systems1 and businesses and employers4 7#h7 ,the establishment1 development1 or improvement of assistive technology demonstration1 loan1 reutilization1 or financing programs in coordination with activities authorized under the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjja et seq47 to promote access to assistive technology for individuals with disabilities and employers4 7#i7 ,support 7including1 as appropriate1 tuition7 for advanced training in a science1 technology1 engineering1 or mathematics 7including computer science7 field1 medicine1 law1 or business1 provided after an individual eligible to receive services under this title1 demonstrates-- 7,a7 such eligibility2 7,b7 previous completion of a bachelor's degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support2 and 7,c7 acceptance by a program at an institution of higher education in the ,united ,states that confers a master's degree in a science1 technology1 engineering1 or mathematics 7including computer science7 field1 a juris doctor degree1 a master of business administration degree1 or a doctor of medicine degree1 except that the limitations of subsection 7a77#e7 that apply to training services shall apply to support described in this paragraph1 and nothing in this paragraph shall prevent any designated ,state unit from providing similar support to individuals with disabilities within the ,state who are eligible to receive support under this title and who are not served under this paragraph4 4 #dae4 ,state ,rehabilitation ,council ,section #aje 7#bi ,u4,s4,c4 #gbe7 is amended-- 7#a7 in subsection 7b77#a77;,a7-- 7,a7 by striking clause 7ix7 and inserting the following3 7ix7 in a ,state in which one or more projects are funded under section #aba1 at least one representative of the directors of the projects located in such ,state2 2 and 7,b7 in clause 7xi71 by striking ,state workforce investment board and inserting ,state workforce development board2 and 7#b7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,state workforce investment board and inserting ,state workforce development board2 and 7,b7 in paragraph 7#f71 by striking ,service ,act and all that follows and inserting ,service ,act 7#db ,u4,s4,c4 #cjjx-#c7;a77 and the ,state workforce development board1 and with the activities of entities carrying out programs under the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjja et seq4724 #daf4 ,evaluation standards and performance indicators ,section #ajf 7#bi ,u4,s4,c4 #gbf7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general 7#a7 ,standards and indicators ,the evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section #aaf7;b7 of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,additional performance accountability indicators ,a ,state may establish and provide information on additional performance accountability indicators1 which shall be identified in the ,state plan submitted under section #aja4 2 and 7#b7 in subsection 7b77#b77;,b77i71 by striking review the program and all that follows through request the ,state and inserting on a biannual basis1 review the program improvement efforts of the ,state and1 if the ,state has not improved its performance to acceptable levels1 as determined by the ,commissioner1 direct the ,state4 #dag4 ,monitoring and review 7a7 ,in general ,section #ajg 7#bi ,u4,s4,c4 #gbg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c77;,e71 by inserting before the period the following3 1 including personnel of a client assistance program under section #aab1 and past or current recipients of vocational rehabilitation services2 and 7,b7 in paragraph 7#d7-- 7i7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 the eligibility process1 including the process related to the determination of ineligibility under section #ajb7;a77#e72 7,b7 the provision of services1 including supported employment services and pre-employment transition services1 and1 if applicable1 the order of selection2 2 7ii7 in subparagraph 7,c71 by striking and at the end2 7iii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iv7 by inserting after subparagraph 7,c7 the following3 7,d7 data reported under section #aja7;a77#aj77;,c77i72 and 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 provide technical assistance to programs under this title to-- 7,a7 promote high-quality employment outcomes for individuals with disabilities2 7,b7 integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment2 7,c7 develop1 improve1 and disseminate information on procedures1 practices1 and strategies1 including for the preparation of personnel1 to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment2 and 7,d7 apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life4 4 7b7 ,technical amendment ,section #ajh7;a7 7#bi ,u4,s4,c4 #gbh7;a77 is amended by striking part ,b of title ,,vi and inserting title ,,vi4 #dah4 ,training and services for employers ,section #aji 7#bi ,u4,s4,c4 #gbh;a7 is amended to read as follows3 #aji4 ,training and services for employers ,a ,state may expend payments received under section #aaa to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title1 including-- 7#a7 providing training and technical assistance to employers regarding the employment of individuals with disabilities1 including disability awareness1 and the requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and other employment-related laws2 7#b7 working with employers to-- 7,a7 provide opportunities for work-based learning experiences 7including internships1 short-term employment1 apprenticeships1 and fellowships71 and opportunities for pre-employment transition services2 7,b7 recruit qualified applicants who are individuals with disabilities2 7,c7 train employees who are individuals with disabilities2 and 7,d7 promote awareness of disability-related obstacles to continued employment2 7#c7 providing consultation1 technical assistance1 and support to employers on workplace accommodations1 assistive technology1 and facilities and workplace access through collaboration with community partners and employers1 across ,states and nationally1 to enable the employers to recruit1 job match1 hire1 and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this title1 or who are applicants for such services2 and 7#d7 assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities4 4 #dai4 ,state allotments ,section #aaj 7#bi ,u4,s4,c4 #gcj7 is amended-- 7#a7 in subsection 7a77#a71 by striking ,subject to the provisions of subsection 7c7 and inserting ,subject to the provisions of subsections 7c7 and 7d712 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking #aihg and inserting #bjae2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,secretary and all that follows through 7,b7 and inserting ,secretary12 and 7ii7 by striking #bjjj through #bjjc and inserting #bjae through #bjbj2 and 7#c7 by adding at the end the following3 7d7 7#a7 ,from any ,state allotment under subsection 7a7 for a fiscal year1 the ,state shall reserve not less than #ae percent of the allotted funds for the provision of pre-employment transition services4 7#b7 ,such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services4 4 #dbj4 ,payments to ,states ,section #aaa7;a77#b77;,b7 7#bi ,u4,s4,c4 #gca7;a77#b77;,b77 is amended-- 7#a7 by striking ,for fiscal year #aiid and each fiscal year thereafter1 the and inserting ,the2 7#b7 by striking this title for the previous and inserting this title for any previous2 and 7#c7 by striking year preceding the previous and inserting year preceding that previous4 #dba4 ,client assistance program ,section #aab 7#bi ,u4,s4,c4 #gcb7 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by inserting including under sections #aac and #eaa1 after all available benefits under this ,act12 7#b7 in subsection 7b71 by striking not later than ,october #a1 #aihd12 7#c7 in subsection 7e77#a7-- 7,a7 in subparagraph 7,a71 by striking ,the ,secretary shall allot and inserting ,after reserving funds under subparagraphs 7,e7 and 7,f71 the ,secretary shall allot the remainder of2 and 7,b7 by adding at the end the following3 7,e7 7i7 ,the ,secretary shall reserve funds appropriated under subsection 7h7 to make a grant to the protection and advocacy system serving the ,american ,indian ,consortium to provide services in accordance with this section4 ,the amount of such a grant shall be the same amount as is provided to a territory under this subsection4 7ii7 ,in this subparagraph3 7,i7 ,the term ,american ,indian ,consortium has the meaning given the term in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb74 7,,ii7 ,the term protection and advocacy system means a protection and advocacy system established under subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq474 7,f7 ,for any fiscal year for which the amount appropriated under subsection 7h7 equals or exceeds #ad1jjj1jjj1 the ,secretary may reserve not less than #a4h percent and not more than #b4b percent of such amount to provide a grant for training and technical assistance for the programs established under this section4 ,such training and technical assistance shall be coordinated with activities provided under section #eji7;c77#a77;,a74 2 and 7#d7 by striking subsection 7h7 and inserting the following3 7h7 ,there are authorized to be appropriated to carry out the provisions of this section-- 7#a7 #ab1jjj1jjj for fiscal year #bjae2 7#b7 #ab1ibg1jjj for fiscal year #bjaf2 7#c7 #ac1aie1jjj for fiscal year #bjag2 7#d7 #ac1dhh1jjj for fiscal year #bjah2 7#e7 #ac1hje1jjj for fiscal year #bjai2 and 7#f7 #ad1jih1jjj for fiscal year #bjbj4 4 #dbb4 ,pre-employment transition services ,part ,b of title ,i 7#bi ,u4,s4,c4 #gcj et seq47 is further amended by adding at the end the following3 #aac4 ,provision of pre-employment transition services 7a7 ,in general ,from the funds reserved under section #aaj7;d71 and any funds made available from ,state1 local1 or private funding sources1 each ,state shall ensure that the designated ,state unit1 in collaboration with the local educational agencies involved1 shall provide1 or arrange for the provision of1 pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title4 7b7 ,required activities ,funds available under subsection 7a7 shall be used to make available to students with disabilities described in subsection 7a7-- 7#a7 job exploration counseling2 7#b7 work-based learning experiences1 which may include in-school or after school opportunities1 or experience outside the traditional school setting 7including internships71 that is provided in an integrated environment to the maximum extent possible2 7#c7 counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education2 7#d7 workplace readiness training to develop social skills and independent living2 and 7#e7 instruction in self-advocacy1 which may include peer mentoring4 7c7 ,authorized activities ,funds available under subsection 7a7 and remaining after the provision of the required activities described in subsection 7b7 may be used to improve the transition of students with disabilities described in subsection 7a7 from school to postsecondary education or an employment outcome by-- 7#a7 implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces2 7#b7 developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently1 participate in postsecondary education experiences1 and obtain and retain competitive integrated employment2 7#c7 providing instruction to vocational rehabilitation counselors1 school transition personnel1 and other persons supporting students with disabilities2 7#d7 disseminating information about innovative1 effective1 and efficient approaches to achieve the goals of this section2 7#e7 coordinating activities with transition services provided by local educational agencies under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq472 7#f7 applying evidence-based findings to improve policy1 procedure1 practice1 and the preparation of personnel1 in order to better achieve the goals of this section2 7#g7 developing model transition demonstration projects2 7#h7 establishing or supporting multistate or regional partnerships involving ,states1 local educational agencies1 designated ,state units1 developmental disability agencies1 private businesses1 or other participants to achieve the goals of this section2 and 7#i7 disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations4 7d7 ,pre-,employment transition coordination ,each local office of a designated ,state unit shall carry out responsibilities consisting of-- 7#a7 attending individualized education program meetings for students with disabilities1 when invited2 7#b7 working with the local workforce development boards1 one-stop centers1 and employers to develop work opportunities for students with disabilities1 including internships1 summer employment and other employment opportunities available throughout the school year1 and apprenticeships2 7#c7 work with schools1 including those carrying out activities under section #fad7;d77#a77;,a77i77,,viii7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d77#a77;,a77i77,,viii771 to coordinate and ensure the provision of pre-employment transition services under this section2 and 7#d7 when invited1 attend person-centered planning meetings for individuals receiving services under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7e7 ,national pre-employment transition coordination ,the ,secretary shall support designated ,state agencies providing services under this section1 highlight best ,state practices1 and consult with other ,federal agencies to advance the goals of this section4 7f7 ,support ,in carrying out this section1 ,states shall address the transition needs of all students with disabilities1 including such students with physical1 sensory1 intellectual1 and mental health disabilities4 4 #dbc4 ,american ,indian vocational rehabilitation services ,section #aba 7#bi ,u4,s4,c4 #gda7 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by inserting before the period the following3 7referred to in this section as eligible individuals71 consistent with such eligible individuals' strengths1 resources1 priorities1 concerns1 abilities1 capabilities1 interests1 and informed choice1 so that such individuals may prepare for1 and engage in1 high-quality employment that will increase opportunities for economic self-sufficiency2 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 contains assurances that-- 7i7 all decisions affecting eligibility for vocational rehabilitation services1 the nature and scope of available vocational rehabilitation services and the provision of such services will1 consistent with this title1 be made by a representative of the tribal vocational rehabilitation program funded through the grant2 and 7ii7 such decisions will not be delegated to another agency or individual4 2 7#c7 by redesignating subsection 7c7 as subsection 7d72 and 7#d7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,from the funds appropriated and made available to carry out this part for any fiscal year1 beginning with fiscal year #bjae1 the ,commissioner shall first reserve not less than #a4h percent and not more than #b percent of the funds to provide training and technical assistance to governing bodies described in subsection 7a7 for such fiscal year4 7#b7 ,from the funds reserved under paragraph 7#a71 the ,commissioner shall make grants to1 or enter into contracts or other cooperative agreements with1 entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing1 conducting1 administering1 and evaluating such programs4 7#c7 ,the ,commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants1 contracts1 or cooperative agreements4 7#d7 ,to be eligible to receive a grant or enter into a contract or cooperative agreement under this section1 such an entity shall submit an application to the ,commissioner at such time1 in such manner1 and containing a proposal to provide such training and technical assistance1 and containing such additional information as the ,commissioner may require4 ,the ,commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section4 4 #dbd4 ,vocational rehabilitation services client information ,section #aca7;a77#b7 7#bi ,u4,s4,c4 #gea7;a77#b77 is amended by striking title ,i of the ,workforce ,investment ,act of #aiih and inserting title ,i of the ,workforce ,innovation and ,opportunity ,act4 ,c ,research and ,training #dca4 ,purpose ,section #bjj 7#bi ,u4,s4,c4 #gfj7 is amended-- 7#a7 in paragraph 7#a71 by inserting technical assistance1 after training12 7#b7 in paragraph 7#b71 by inserting technical assistance1 after training12 7#c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a7-- 7,a7 by inserting and use after transfer2 and 7,b7 by inserting 1 in a timely and efficient manner1 after disabilities2 and 7#d7 in paragraph 7#d71 by striking distribution and inserting dissemination2 7#e7 in paragraph 7#e7-- 7,a7 by inserting 1 including individuals with intellectual and psychiatric disabilities1 after disabilities2 and 7,b7 by striking and after the semicolon2 7#f7 by redesignating paragraph 7#f7 as paragraph 7#g72 7#g7 by inserting after paragraph 7#e7 the following3 7#f7 identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act2 2 7#h7 in paragraph 7#g71 as redesignated by paragraph 7#f71 by striking the period and inserting 2 and2 and 7#i7 by adding at the end the following3 7#h7 identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment4 4 #dcb4 ,authorization of appropriations ,section #bja 7#bi ,u4,s4,c4 #gfa7 is amended to read as follows3 #bja4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title #ajc1igj1jjj for fiscal year #bjae1 #aab1jja1jjj for fiscal year #bjaf1 #aad1cbe1jjj for fiscal year #bjag1 #aaf1hfj1jjj for fiscal year #bjah1 #aai1fjh1jjj for fiscal year #bjai1 and #abb1adc1jjj for fiscal year #bjbj4 4 #dcc4 ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research ,section #bjb 7#bi ,u4,s4,c4 #gfb7 is amended-- 7#a7 in the section heading1 by inserting 1 ,independent ,living1 after ,disability2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,department of ,education and all that follows through which and inserting ,administration for ,community ,living of the ,department of ,health and ,human ,services a ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research 7referred to in this title as the ,institute71 which2 and 7ii7 in subparagraph 7,a7-- 7,i7 in clause 7ii71 by striking and training2 and and inserting 1 training1 and technical assistance22 7,,ii7 by redesignating clause 7iii7 as clause 7iv72 and 7,,iii7 by inserting after clause 7ii7 the following3 7iii7 outreach and information that clarifies research implications for policy and practice2 and 2 and 7,b7 in paragraph 7#b71 by striking directly and all that follows through the period and inserting directly responsible to the ,administrator for the ,administration for ,community ,living of the ,department of ,health and ,human ,services42 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 private organizations engaged in research relating to-- 7i7 independent living2 7ii7 rehabilitation2 or 7iii7 providing rehabilitation or independent living services2 2 7,b7 in paragraph 7#c71 by striking in rehabilitation and inserting on disability1 independent living1 and rehabilitation2 7,c7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting education1 health and wellness1 after independent living12 and 7ii7 by striking subparagraphs 7,a7 through 7,d7 and inserting the following3 7,a7 public and private entities1 including-- 7i7 elementary schools and secondary schools 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 and 7ii7 institutions of higher education2 7,b7 rehabilitation practitioners2 7,c7 employers and organizations representing employers with respect to employment-based educational materials or research2 7,d7 individuals with disabilities 7especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this ,act72 7,e7 the individuals' representatives for the individuals described in subparagraph 7,d72 and 7,f7 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committee on ,appropriations of the ,senate2 2 7,d7 in paragraph 7#f7-- 7i7 by striking advances in rehabilitation and inserting advances in disability1 independent living1 and rehabilitation2 and 7ii7 by inserting education1 health and wellness1 after employment1 independent living12 7,e7 by striking paragraph 7#g72 7,f7 by redesignating paragraphs 7#h7 through 7#aa7 as paragraphs 7#g7 through 7#aj71 respectively2 7,g7 in paragraph 7#g71 as redesignated by subparagraph 7,f7-- 7i7 by striking health1 income1 and inserting health and wellness1 income1 education12 and 7ii7 by striking and evaluation of vocational and other and inserting and evaluation of independent living1 vocational1 and2 7,h7 in paragraph 7#h71 as redesignated by subparagraph 7,f71 by striking with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals and inserting with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals2 and 7,i7 in paragraph 7#i71 as redesignated by subparagraph 7,f71 by striking and telecommuting2 and and inserting 1 supported employment 7including customized employment71 and telecommuting2 and2 7#d7 in subsection 7d77#a71 by striking the second sentence and inserting the following3 ,the ,director shall be an individual with substantial knowledge of and experience in independent living1 rehabilitation1 and research administration42 7#e7 in subsection 7f77#a71 by striking the second sentence and inserting the following3 ,the scientific peer review shall be conducted by individuals who are not ,department of ,health and ,human ,services employees4 ,the ,secretary shall consider for peer review individuals who are scientists or other experts in disability1 independent living1 and rehabilitation1 including individuals with disabilities and the individuals' representatives1 and who have sufficient expertise to review the projects42 7#f7 in subsection 7h7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking priorities for rehabilitation research1 and inserting priorities for disability1 independent living1 and rehabilitation research12 and 7ii7 by inserting dissemination1 after training12 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking especially in the area of employment and inserting especially in the areas of employment and independent living2 7ii7 in subparagraph 7,d7-- 7,i7 by striking developed by the ,director and inserting coordinated with the strategic plan required under section #bjc7;c72 7,,ii7 in clause 7i71 by striking ,rehabilitation and inserting ,disability1 ,independent ,living1 and ,rehabilitation2 7,,iii7 in clause 7ii71 by striking ,commissioner and inserting ,administrator2 and 7,,iv7 in clause 7iv71 by striking researchers in the rehabilitation field and inserting researchers in the independent living and rehabilitation fields2 7iii7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,f7 and 7,g71 respectively2 7iv7 by inserting after subparagraph 7,d7 the following3 7,e7 be developed by the ,director2 2 7v7 in subparagraph 7,f71 as redesignated by clause 7iii71 by inserting and information that clarifies implications of the results for practice1 after covered activities12 and 7vi7 in subparagraph 7,g71 as redesignated by clause 7iii71 by inserting and information that clarifies implications of the results for practice after covered activities2 7#g7 in subsection 7j71 by striking paragraph 7#c72 and 7#h7 by striking subsection 7k7 and inserting the following3 7k7 ,the ,director shall make grants to institutions of higher education for the training of independent living and rehabilitation researchers1 including individuals with disabilities and traditionally underserved populations of individuals with disabilities1 as described in section #ba1 with particular attention to research areas that-- 7#a7 support the implementation and objectives of this ,act2 and 7#b7 improve the effectiveness of services authorized under this ,act4 7l7 7#a7 ,not later than ,december #ca of each year1 the ,director shall prepare1 and submit to the ,secretary1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 a report on the activities funded under this title4 7#b7 ,the report under paragraph 7#a7 shall include-- 7,a7 a compilation and summary of the information provided by recipients of funding for such activities under this title2 7,b7 a summary describing the funding received under this title and the progress of the recipients of the funding in achieving the measurable goals described in section #bjd7;d77#b72 and 7,c7 a summary of implications of research outcomes on practice4 7m7 7#a7 ,if the ,director determines that an entity that receives funding under this title fails to comply with the applicable requirements of this ,act1 or to make progress toward achieving the measurable goals described in section #bjd7;d77#b71 with respect to the covered activities involved1 the ,director shall utilize available monitoring and enforcement measures4 7#b7 ,as part of the annual report required under subsection 7l71 the ,secretary shall describe each action taken by the ,secretary under paragraph 7#a7 and the outcomes of such action4 4 #dcd4 ,interagency committee ,section #bjc 7#bi ,u4,s4,c4 #gfc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking conducting rehabilitation research and inserting conducting disability1 independent living1 and rehabilitation research2 7ii7 by striking chaired by the ,director and inserting chaired by the ,secretary1 or the ,secretary's designee12 7iii7 by inserting the ,assistant ,secretary of ,labor for ,disability ,employment ,policy1 the ,secretary of ,defense1 the ,administrator of the ,administration for ,community ,living1 after ,assistant ,secretary for ,special ,education and ,rehabilitative ,services12 and 7iv7 by striking and the ,director of the ,national ,science ,foundation4 and inserting the ,director of the ,national ,science ,foundation and the ,administrator of the ,small ,business ,administration42 and 7,b7 in paragraph 7#b71 by inserting 1 and for not less than #a of such meetings at least every #b years1 the ,committee shall invite policymakers1 representatives from other ,federal agencies conducting relevant research1 individuals with disabilities1 organizations representing individuals with disabilities1 researchers1 and providers1 to offer input on the ,committee's work1 including the development and implementation of the strategic plan required under subsection 7c7 after each year2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking from targeted individuals and inserting individuals with disabilities2 and 7ii7 by inserting independent living and before rehabilitation2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting independent living research1 after assistive technology research12 7ii7 in subparagraph 7,b71 by inserting 1 independent living research1 after technology research2 7iii7 in subparagraph 7,d71 by striking and research that incorporates the principles of universal design and inserting 1 independent living research1 and research that incorporates the principles of universal design2 and 7iv7 in subparagraph 7,e71 by striking and research that incorporates the principles of universal design4 and inserting 1 independent living research1 and research that incorporates the principles of universal design42 7#c7 by striking subsection 7d72 7#d7 by redesignating subsection 7c7 as subsection 7d72 7#e7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,the ,committee shall develop a comprehensive government wide strategic plan for disability1 independent living1 and rehabilitation research4 7#b7 ,the strategic plan shall include1 at a minimum-- 7,a7 a description of the-- 7i7 measurable goals and objectives2 7ii7 existing resources each agency will devote to carrying out the plan2 7iii7 timetables for completing the projects outlined in the plan2 and 7iv7 assignment of responsible individuals and agencies for carrying out the research activities2 7,b7 research priorities and recommendations2 7,c7 a description of how funds from each agency will be combined1 as appropriate1 for projects administered among ,federal agencies1 and how such funds will be administered2 7,d7 the development and ongoing maintenance of a searchable government wide inventory of disability1 independent living1 and rehabilitation research for trend and data analysis across ,federal agencies2 7,e7 guiding principles1 policies1 and procedures1 consistent with the best research practices available1 for conducting and administering disability1 independent living1 and rehabilitation research across ,federal agencies2 and 7,f7 a summary of underemphasized and duplicative areas of research4 7#c7 ,the strategic plan described in this subsection shall be submitted to the ,president and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 2 7#f7 in subsection 7d71 as redesignated by paragraph 7#d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,committee on ,labor and ,human ,resources of the ,senate and inserting ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 describes the progress of the ,committee in fulfilling the duties described in subsections 7b7 and 7c71 and including specifically for subsection 7c7-- 7,a7 a report of the progress made in implementing the strategic plan1 including progress toward implementing the elements described in subsection 7c77#b77;,a72 and 7,b7 detailed budget information4 2 and 7#g7 in subsection 7e71 by striking paragraph 7#b7 and inserting the following3 7#b7 the term independent living1 used in connection with research1 means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities1 including research on assistive technology and universal design1 employment1 education1 health and wellness1 and community integration and participation4 4 #dce4 ,research and other covered activities ,section #bjd 7#bi ,u4,s4,c4 #gfd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking pay and inserting fund2 7ii7 by inserting have practical applications and before maximize2 and 7iii7 by striking employment1 independent living1 and inserting employment1 education1 independent living1 health and wellness12 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting and from which the research findings1 conclusions1 or recommendations can be transferred to practice after ,state agencies2 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7ii7 and inserting the following3 7ii7 studies and analyses of factors related to industrial1 vocational1 educational1 employment1 social1 recreational1 psychiatric1 psychological1 economic1 and health and wellness variables affecting individuals with disabilities1 including traditionally underserved populations as described in section #ba1 and how those variables affect such individuals' ability to live independently and their participation in the work force2 2 7,,ii7 in clause 7iii71 by striking are homebound and all that follows and inserting have significant challenges engaging in community life outside their homes and individuals who are in institutional settings22 7,,iii7 in clause 7iv71 by inserting 1 including the principles of universal design and the interoperability of products and services after disabilities2 7,,iv7 in clause 7v71 by inserting 1 and to promoting employment opportunities in competitive integrated employment after employment2 7,v7 in clause 7vi71 by striking and after the semicolon2 7,,vi7 in clause 7vii71 by striking and assistive technology4 and inserting 1 assistive technology1 and communications technology2 and2 and 7,,vii7 by adding at the end the following3 7viii7 studies1 analyses1 and other activities affecting employment outcomes as defined in section #g7aa71 including self-employment and telecommuting1 of individuals with disabilities4 2 and 7,c7 by adding at the end the following3 7#c7 ,in carrying out this section1 the ,director shall emphasize covered activities that include plans for-- 7,a7 dissemination of high-quality materials1 of scientifically valid research results1 or of findings1 conclusions1 and recommendations resulting from covered activities1 including through electronic means 7such as the website of the ,department of ,health and ,human ,services71 so that such information is available in a timely manner to the general public2 or 7,b7 the commercialization of marketable products1 research results1 or findings1 resulting from the covered activities4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 7#ah7 both places the term appears and inserting 7#ag72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 be operated in collaboration with institutions of higher education1 providers of rehabilitation services1 developers or providers of assistive technology devices1 assistive technology services1 or information technology devices or services1 as appropriate1 or providers of other appropriate services2 and 7ii7 serve as centers of national excellence and national or regional resources for individuals with disabilities1 as well as providers1 educators1 and researchers4 2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 by adding independent living and after research in2 7bb7 by adding independent living and after will improve2 and 7cc7 by striking alleviate or stabilize and all that follows and inserting maximize health and function 7including alleviating or stabilizing conditions1 or preventing secondary conditions71 and promote maximum social and economic independence of individuals with disabilities1 including promoting the ability of the individuals to prepare for1 secure1 retain1 regain1 or advance in employment22 7,,ii7 by redesignating clauses 7ii71 7iii71 and 7iv71 as clauses 7iii71 7iv71 and 7v71 respectively2 7,,iii7 by inserting after clause 7i7 the following3 7ii7 conducting research in1 and dissemination of1 employer-based practices to facilitate the identification1 recruitment1 accommodation1 advancement1 and retention of qualified individuals with disabilities2 2 7,,iv7 in clause 7iii71 as redesignated by subclause 7,,ii71 by inserting independent living and before rehabilitation services2 7,v7 in clause 7iv71 as redesignated by subclause 7,,ii7-- 7aa7 by inserting independent living and before rehabilitation each place the term appears2 and 7bb7 by striking and after the semicolon2 and 7,,vi7 by striking clause 7v71 as redesignated by subclause 7,,ii71 and inserting the following3 7v7 serving as an informational and technical assistance resource to individuals with disabilities1 as well as to providers1 educators1 and researchers1 by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research2 and 7vi7 developing practical applications for the research findings of the ,centers4 2 7iii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by inserting 1 including research on assistive technology devices1 assistive technology services1 and accessible electronic and information technology devices after research2 7,,ii7 in clause 7ii7-- 7aa7 by striking and social and inserting 1 social1 and economic2 and 7bb7 by inserting independent living and before rehabilitation2 and 7,,iii7 by striking clauses 7iii7 and 7iv72 7,,iv7 by redesignating clauses 7v7 and 7vi7 as clauses 7iii7 and 7iv71 respectively2 7,v7 in clause 7iii71 as redesignated by subclause 7,,iv71 by striking to develop and all that follows and inserting that promotes the emotional1 social1 educational1 and functional growth of children who are individuals with disabilities1 as well as their integration in school1 employment1 and community activities22 7,,vi7 in clause 7iv71 as redesignated by subclause 7,,iv71 by striking that will improve and all that follows and inserting to develop and evaluate interventions1 policies1 and services that support families of those children and adults who are individuals with disabilities22 and 7,,vii7 by adding at the end the following3 7v7 continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities1 and enable individuals with disabilities1 including individuals with intellectual disabilities and other developmental disabilities1 to live in their communities2 and 7vi7 research1 dissemination1 and technical assistance1 on best practices in vocational rehabilitation1 including supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities4 2 7iv7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,training of students preparing to be independent living or rehabilitation personnel or to provide independent living1 rehabilitative1 assistive1 or supportive services 7such as rehabilitation counseling1 personal care services1 direct care1 job coaching1 aides in school based settings1 or advice or assistance in utilizing assistive technology devices1 assistive technology services1 and accessible electronic and information technology devices and services7 shall be an important priority for each such ,center4 2 7v7 in subparagraph 7,e71 by striking comprehensive2 7vi7 in subparagraph 7,g77i71 by inserting independent living and before rehabilitation-related2 7vii7 by striking subparagraph 7,i72 and 7viii7 by redesignating subparagraphs 7,j7 through 7,o7 as subparagraphs 7,i7 through 7,n71 respectively2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting independent living strategies and before rehabilitation technology2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i77,i71 by inserting independent living and before rehabilitation problems2 7,,ii7 in clause 7ii77,,ii71 by striking employment and inserting educational1 employment12 and 7,,iii7 in clause 7iii77,,ii71 by striking employment and inserting educational1 employment12 7iii7 in subparagraph 7,d77i77,,ii71 by striking postschool and inserting postsecondary education1 competitive integrated employment1 and other age-appropriate2 and 7iv7 in subparagraph 7,g77ii71 by inserting the impact of any commercialized product researched or developed through the ,center1 after individuals with disabilities12 7,d7 in paragraph 7#d77;,b7-- 7i7 in clause 7i7-- 7,i7 by striking vocational and inserting independent living1 employment12 7,,ii7 by striking special and inserting unique2 and 7,,iii7 by inserting social and functional needs1 and before acute care2 and 7ii7 in clause 7iv71 by inserting education1 health and wellness1 after employment12 7,e7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,grants may be used to conduct a program of joint projects with other administrations and offices of the ,department of ,health and ,human ,services1 the ,national ,science ,foundation1 the ,department of ,veterans ,affairs1 the ,department of ,defense1 the ,federal ,communications ,commission1 the ,national ,aeronautics and ,space ,administration1 the ,small ,business ,administration1 the ,department of ,labor1 other ,federal agencies1 and private industry in areas of joint interest involving rehabilitation4 2 7,f7 by striking paragraphs 7#i7 and 7#aa72 7,g7 by redesignating paragraphs 7#aj71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 and 7#ah71 as paragraphs 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 and 7#af71 respectively2 7,h7 in paragraph 7#aa71 as redesignated by subparagraph 7,g7-- 7i7 in the matter preceding subparagraph 7,a71 by striking employment needs of individuals with disabilities1 including and inserting employment needs1 opportunities1 and outcomes 7including those relating to self-employment1 supported employment1 and telecommuting7 of individuals with disabilities1 including2 7ii7 in subparagraph 7,b71 by inserting and employment related after the employment2 7iii7 in subparagraph 7,e71 by striking and after the semicolon2 7iv7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7v7 by adding at the end the following3 7,g7 develop models to facilitate the successful transition of individuals with disabilities from nonintegrated employment and employment that is compensated at a wage less than the ,federal minimum wage to competitive integrated employment2 7,h7 develop models to maximize opportunities for integrated community living1 including employment and independent living1 for individuals with disabilities2 7,i7 provide training and continuing education for personnel involved with community living for individuals with disabilities2 7,j7 develop model procedures for testing and evaluating the community living related needs of individuals with disabilities2 7,k7 develop model training programs to teach individuals with disabilities skills which will lead to integrated community living and full participation in the community2 and 7,l7 develop new approaches for long-term services and supports for individuals with disabilities1 including supports necessary for competitive integrated employment4 2 7,i7 in paragraph 7#ab71 as redesignated by subparagraph 7,g7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting an independent living or after conduct2 7ii7 in subparagraph 7,d71 by inserting independent living or before rehabilitation2 and 7iii7 in the matter following subparagraph 7,e71 by striking ,national ,institute on ,disability and ,rehabilitation ,research and inserting ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research2 7,j7 in paragraph 7#ac71 as redesignated by subparagraph 7,g71 by inserting independent living and before rehabilitation needs2 and 7,k7 in paragraph 7#ad71 as redesignated by subparagraph 7,g71 by striking and access to gainful employment4 and inserting 1 full participation1 and economic self-sufficiency42 and 7#c7 by adding at the end the following3 7d7 7#a7 ,in awarding grants1 contracts1 or cooperative agreements under this title1 the ,director shall award the funding on a competitive basis4 7#b7 7,a7 ,to be eligible to receive funds under this section for a covered activity1 an entity described in subsection 7a77#a7 shall submit an application to the ,director at such time1 in such manner1 and containing such information as the ,director may require4 7,b7 ,the application shall include information describing-- 7i7 measurable goals1 as established through section #aaae of title #ca1 ,united ,states ,code1 and a timeline and specific plan for meeting the goals1 that the applicant has established2 7ii7 how the project will address #a or more of the following3 commercialization of a marketable product1 technology transfer 7if applicable71 dissemination of any research results1 and other priorities as established by the ,director2 and 7iii7 how the applicant will quantifiably measure the goals to determine whether such goals have been accomplished4 7#c7 7,a7 ,in the case of an application for funding under this section to carry out a covered activity that results in the development of a marketable product1 the application shall also include a commercialization and dissemination plan1 as appropriate1 containing commercialization and marketing strategies for the product involved1 and strategies for disseminating information about the product4 ,the funding received under this section shall not be used to carry out the commercialization and marketing strategies4 7,b7 ,in the case of any other application for funding to carry out a covered activity under this section1 the application shall also include a dissemination plan1 containing strategies for disseminating educational materials1 research results1 or findings1 conclusions1 and recommendations1 resulting from the covered activity4 4 #dcf4 ,disability1 ,independent ,living1 and ,rehabilitation ,research ,advisory ,council ,section #bje 7#bi ,u4,s4,c4 #gfe7 is amended-- 7#a7 in the section heading1 by inserting ,disability1 ,independent ,living1 and before ,rehabilitation2 7#b7 in subsection 7a7-- 7,a7 by striking ,department of ,education a ,rehabilitation ,research ,advisory ,council and inserting ,department of ,health and ,human ,services a ,disability1 ,independent ,living1 and ,rehabilitation ,research ,advisory ,council2 and 7,b7 by inserting not less than after composed of 2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,qualifications ,members of the ,council shall be generally representative of the community of disability1 independent living1 and rehabilitation professionals1 the community of disability1 independent living1 and rehabilitation researchers1 the directors of independent living centers and community rehabilitation programs1 the business community 7including a representative of the small business community7 that has experience with the system of vocational rehabilitation services and independent living services carried out under this ,act and with hiring individuals with disabilities1 the community of stakeholders involved in assistive technology1 the community of covered school professionals1 and the community of individuals with disabilities1 and the individuals' representatives4 ,at least one-half of the members shall be individuals with disabilities or the individuals' representatives4 2 and 7#d7 in subsection 7g71 by striking ,department of ,education and inserting ,department of ,health and ,human ,services4 #dcg4 ,definition of covered school ,title ,,ii 7#bi ,u4,s4,c4 #gfj et seq47 is amended by adding at the end the following3 #bjf4 ,definition of covered school ,in this title1 the term covered school means an elementary school or secondary school 7as such terms are defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 or an institution of higher education4 4 ,d ,professional ,development and ,special ,projects and ,demonstration #dda4 ,purpose2 training 7a7 ,purpose ,section #cja7;a7 7#bi ,u4,s4,c4 #gga7;a77 is amended-- 7#a7 in paragraph 7#b71 by inserting and after the semicolon2 7#b7 by striking paragraphs 7#c7 and 7#d72 7#c7 by redesignating paragraph 7#e7 as paragraph 7#c72 and 7#d7 in paragraph 7#c71 as redesignated by paragraph 7#c71 by striking workforce investment systems and inserting workforce development systems4 7b7 ,training ,section #cjb 7#bi ,u4,s4,c4 #ggb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,e71 by striking all after deliver and inserting supported employment services and customized employment services to individuals with the most significant disabilities22 7ii7 in subparagraph 7,f71 by striking and after the semicolon2 7iii7 in subparagraph 7,g71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,h7 personnel trained in providing assistive technology services4 2 7,b7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a71 by striking title ,i of the ,workforce ,investment ,act of #aiih and inserting subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act2 7ii7 in subparagraph 7,a71 by striking workforce investment system and inserting workforce development system2 and 7iii7 in subparagraph 7,b71 by striking section #acd7;c7 of the ,workforce ,investment ,act of #aiih4 and inserting section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act42 and 7,c7 in paragraph 7#e71 by striking title ,i of the ,workforce ,investment ,act of #aiih and inserting subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act2 7#b7 in subsection 7b77#a77;,b77i71 by striking or prosthetics and orthotics and inserting prosthetics and orthotics1 vision rehabilitation therapy1 orientation and mobility instruction1 or low vision therapy2 7#c7 in subsection 7g7-- 7,a7 in the subsection heading1 by striking and ,in-,service ,training2 7,b7 in paragraph 7#a71 by adding after the period the following3 ,any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities42 and 7,c7 by striking paragraph 7#c72 7#d7 in subsection 7h71 by striking section #cjf and inserting section #cjd2 and 7#e7 in subsection 7i71 by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #cc1feg1jjj for fiscal year #bjae1 #cf1beg1jjj for fiscal year #bjaf1 #cg1jji1jjj for fiscal year #bjag1 #cg1hcj1jjj for fiscal year #bjah1 #ch1gai1jjj for fiscal year #bjai1 and #ci1edj1jjj for fiscal year #bjbj44 #ddb4 ,demonstration1 training1 and technical assistance programs ,section #cjc 7#bi ,u4,s4,c4 #ggc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking section #cjf and inserting section #cjd2 7,b7 in paragraph 7#c77;,a71 by striking ,national ,institute on ,disability and ,rehabilitation ,research and inserting ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research2 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking clause 7i7 and inserting the following3 7i7 initiatives focused on improving transition from education1 including postsecondary education1 to employment1 particularly in competitive integrated employment1 for youth who are individuals with significant disabilities2 2 and 7,,ii7 by striking clause 7iii7 and inserting the following3 7iii7 increasing competitive integrated employment for individuals with significant disabilities4 2 and 7ii7 in subparagraph 7,b77viii71 by striking under title ,i of the ,workforce ,investment ,act of #aiih and inserting under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,d7 by striking paragraph 7#f72 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,e71 by striking and after the semicolon2 7ii7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7iii7 by inserting after subparagraph 7,e7 the following3 7,f7 to provide support and guidance in helping individuals with significant disabilities1 including students with disabilities1 transition to competitive integrated employment2 and 2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a77ii7-- 7,i7 by inserting the after closely with2 and 7,,ii7 by inserting 1 the community parent resource centers established pursuant to section #fgb of such ,act1 and the eligible entities receiving awards under section #fgc of such ,act after ,individuals with ,disabilities ,education ,act2 and 7ii7 in subparagraph 7,c71 by inserting 1 and demonstrate the capacity for serving1 after shall serve2 and 7,c7 by adding at the end the following3 7#h7 ,reservation ,from the amount appropriated to carry out this section for a fiscal year1 #bj percent of such amount or #ejj1jjj1 whichever is less1 may be reserved to carry out paragraph 7#f74 2 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,authorization of appropriations ,for the purpose of carrying out this section there are authorized to be appropriated #e1gif1jjj for fiscal year #bjae1 #f1bdd1jjj for fiscal year #bjaf1 #f1cgc1jjj for fiscal year #bjag1 #f1eae1jjj for fiscal year #bjah1 #f1ffh1jjj for fiscal year #bjai1 and #f1hji1jjj for fiscal year #bjbj4 4 #ddc4 ,migrant and seasonal farmworkers2 recreational programs ,the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 is amended-- 7#a7 by striking sections #cjd and #cje2 7#b7 by redesignating section #cjf as section #cjd4 ,e ,national ,council on ,disability #dea4 ,establishment ,section #djj 7#bi ,u4,s4,c4 #ghj7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 7,b7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,there is established within the ,federal ,government a ,national ,council on ,disability 7referred to in this title as the ,national ,council71 which1 subject to subparagraph 7,b71 shall be composed of #i members1 of which-- 7i7 #e shall be appointed by the ,president2 7ii7 #a shall be appointed by the ,majority ,leader of the ,senate2 7iii7 #a shall be appointed by the ,minority ,leader of the ,senate2 7iv7 #a shall be appointed by the ,speaker of the ,house of ,representatives2 and 7v7 #a shall be appointed by the ,minority ,leader of the ,house of ,representatives4 7,b7 ,the ,national ,council shall transition from #ae members 7as of the date of enactment of the ,workforce ,innovation and ,opportunity ,act7 to #i members as follows3 7i7 ,on the first #d expirations of ,national ,council terms 7after that date71 replacement members shall be appointed to the ,national ,council in the following order and manner3 7,i7 #a shall be appointed by the ,majority ,leader of the ,senate4 7,,ii7 #a shall be appointed by the ,minority ,leader of the ,senate4 7,,iii7 #a shall be appointed by the ,speaker of the ,house of ,representatives4 7,,iv7 #a shall be appointed by the ,minority ,leader of the ,house of ,representatives4 7ii7 ,on the next #f expirations of ,national ,council terms 7after the #d expirations described in clause 7i7 occur71 no replacement members shall be appointed to the ,national ,council4 7,c7 ,for any vacancy on the ,national ,council that occurs after the transition described in subparagraph 7,b71 the vacancy shall be filled in the same manner as the original appointment was made4 2 and 7,c7 in subparagraph 7,d71 as redesignated by subparagraph 7,a7 of this paragraph1 in the first sentence-- 7i7 by inserting national leaders on disability policy1 after guardians of individuals with disabilities12 and 7ii7 by striking policy or programs and inserting policy or issues that affect individuals with disabilities2 7#b7 in subsection 7b71 by striking 1 except and all that follows and inserting a period2 and 7#c7 in subsection 7d71 by striking ,eight and inserting ,five4 #deb4 ,report ,section #dja 7#bi ,u4,s4,c4 #gha7 is amended-- 7#a7 in paragraphs 7#a7 and 7#c7 of subsection 7a71 by striking ,national ,institute on ,disability and ,rehabilitation ,research and inserting ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research2 and 7#b7 by striking subsection 7c74 #dec4 ,authorization of appropriations ,section #dje 7#bi ,u4,s4,c4 #ghe7 is amended by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #c1ahf1jjj for fiscal year #bjae1 #c1dcb1jjj for fiscal year #bjaf1 #c1ejc1jjj for fiscal year #bjag1 #c1eha1jjj for fiscal year #bjah1 #c1ffe1jjj for fiscal year #bjai1 and #c1gdc1jjj for fiscal year #bjbj44 ,f ,rights and advocacy #def4 ,interagency ,committee1 ,board1 and ,council 7a7 ,interagency committee ,section #eja 7#bi ,u4,s4,c4 #gia7 is amended-- 7#a7 by striking subsection 7f72 and 7#b7 by redesignating subsection 7g7 as subsection 7f74 7b7 ,architectural and transportation barriers compliance board ,section #ejb7;j7 7#bi ,u4,s4,c4 #gib7;j77 is amended by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #g1ddh1jjj for fiscal year #bjae1 #h1jbc1jjj for fiscal year #bjaf1 #h1aij1jjj for fiscal year #bjag1 #h1cga1jjj for fiscal year #bjah1 #h1efh1jjj for fiscal year #bjai1 and #h1gej1jjj for fiscal year #bjbj44 7c7 ,program or activity ,section #ejd7;b77#b77;,b7 7#bi ,u4,s4,c4 #gid7;b77#b77;,b77 is amended by striking vocational education and inserting career and technical education4 7d7 ,interagency ,disability ,coordinating ,council ,section #ejg7;a7 7#bi ,u4,s4,c4 #gid;c7a77 is amended by inserting the ,chairperson of the ,national ,council on ,disability1 before and such other4 #deg4 ,protection and advocacy of individual rights ,section #eji 7#bi ,u4,s4,c4 #gid;e7 is amended-- 7#a7 in subsection 7c77#a77;,a71 by inserting a grant1 contract1 or cooperative agreement for before training2 7#b7 in subsection 7f77#b7-- 7,a7 by striking general and all that follows through records and inserting general authorities1 including the authority to access records2 and 7,b7 by inserting of title ,i after subtitle ,c2 and 7#c7 in subsection 7l71 by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #ag1fej1jjj for fiscal year #bjae1 #ai1jac1jjj for fiscal year #bjaf1 #ai1djh1jjj for fiscal year #bjag1 #ai1hch1jjj for fiscal year #bjah1 #bj1cje1jjj for fiscal year #bjai1 and #bj1gce1jjj for fiscal year #bjbj44 #deh4 ,limitations on use of subminimum wage 7a7 ,in general ,title ,v 7#bi ,u4,s4,c4 #gia et seq47 is amended by adding at the end the following3 #eaa4 ,limitations on use of subminimum wage 7a7 ,in general ,no entity1 including a contractor or subcontractor of the entity1 which holds a special wage certificate as described in section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 may compensate an individual with a disability who is age #bd or younger at a wage 7referred to in this section as a subminimum wage7 that is less than the ,federal minimum wage unless #a of the following conditions is met3 7#a7 ,the individual is currently employed1 as of the effective date of this section1 by an entity that holds a valid certificate pursuant to section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich4 7#b7 ,the individual1 before beginning work that is compensated at a subminimum wage1 has completed1 and produces documentation indicating completion of1 each of the following actions3 7,a7 ,the individual has received pre-employment transition services that are available to the individual under section #aac1 or transition services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 such as transition services available to the individual under section #fad7;d7 of that ,act 7#bj ,u4,s4,c4 #adad7;d774 7,b7 ,the individual has applied for vocational rehabilitation services under title ,i1 with the result that-- 7i7 7,i7 the individual has been found ineligible for such services pursuant to that title and has documentation consistent with section #ajb7;a77#e77;,c7 regarding the determination of ineligibility2 or 7,,ii7 7aa7 the individual has been determined to be eligible for vocational rehabilitation services2 7bb7 the individual has an individualized plan for employment under section #ajb2 7cc7 the individual has been working toward an employment outcome specified in such individualized plan for employment1 with appropriate supports and services1 including supported employment services1 for a reasonable period of time without success2 and 7dd7 the individual's vocational rehabilitation case is closed2 and 7ii7 7,i7 the individual has been provided career counseling1 and information and referrals to ,federal and ,state programs and other resources in the individual's geographic area that offer employment-related services and supports designed to enable the individual to explore1 discover1 experience1 and attain competitive integrated employment2 and 7,,ii7 such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection1 and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection4 7b7 ,construction 7#a7 ,rule ,nothing in this section shall be construed to-- 7,a7 change the purpose of this ,act described in section #b7;b77#b71 to empower individuals with disabilities to maximize opportunities for competitive integrated employment2 or 7,b7 preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome1 as defined in section #g7aa74 7#b7 ,contracts ,a local educational agency 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 or a ,state educational agency 7as defined in such section7 may not enter into a contract or other arrangement with an entity described in subsection 7a7 for the purpose of operating a program for an individual who is age #bd or younger under which work is compensated at a subminimum wage4 7#c7 ,voidability ,the provisions in this section shall be construed in a manner consistent with the provisions of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 as amended before or after the effective date of this ,act4 7c7 ,during employment 7#a7 ,in general ,the entity described in subsection 7a7 may not continue to employ an individual1 regardless of age1 at a subminimum wage unless1 after the individual begins work at that wage1 at the intervals described in paragraph 7#b71 the individual 7with1 in an appropriate case1 the individual's parent or guardian7-- 7,a7 is provided by the designated ,state unit career counseling1 and information and referrals described in subsection 7a77#b77;,b77ii71 delivered in a manner that facilitates independent decisionmaking and informed choice1 as the individual makes decisions regarding employment and career advancement2 and 7,b7 is informed by the employer of self-advocacy1 self-determination1 and peer mentoring training opportunities available in the individual's geographic area1 provided by an entity that does not have any financial interest in the individual's employment outcome1 under applicable ,federal and ,state programs or other sources4 7#b7 ,timing ,the actions required under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 shall be carried out once every #f months for the first year of the individual's employment at a subminimum wage1 and annually thereafter for the duration of such employment4 7#c7 ,small business exception ,in the event that the entity described in subsection 7a7 is a business with fewer than #ae employees1 such entity can satisfy the requirements of subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 by referring the individual1 at the intervals described in paragraph 7#b71 to the designated ,state unit for the counseling1 information1 and referrals described in paragraph 7#a77;,a7 and the information described in paragraph 7#a77;,b74 7d7 ,documentation 7#a7 ,in general ,the designated ,state unit1 in consultation with the ,state educational agency1 shall develop a new process or utilize an existing process1 consistent with guidelines developed by the ,secretary1 to document the completion of the actions described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b7 by a youth with a disability who is an individual with a disability4 7#b7 ,documentation process ,such process shall require that-- 7,a7 in the case of a student with a disability1 for documentation of actions described in subsection 7a77#b77;,a7-- 7i7 if such a student with a disability receives and completes each category of required activities in section #aac7;b71 such completion of services shall be documented by the designated ,state unit in a manner consistent with this section2 7ii7 if such a student with a disability receives and completes any transition services available for students with disabilities under the ,individuals with ,disabilities ,education ,act1 including those provided under section #fad7;d77#a77;,a77i77,,viii7 7#bj ,u4,s4,c4 #adad7;d77#a77;,a77i77,,viii771 such completion of services shall be documented by the appropriate school official responsible for the provision of such transition services1 in a manner consistent with this section2 and 7iii7 the designated ,state unit shall provide the final documentation1 in a form and manner consistent with this section1 of the completion of pre-employment transition services as described in clause 7i71 or transition services under the ,individuals with ,disabilities ,education ,act as described in clause 7ii71 to the student with a disability within a reasonable period of time following the completion2 and 7,b7 when an individual has completed the actions described in subsection 7a77#b77;,b71 the designated ,state unit shall provide the individual a document indicating such completion1 in a manner consistent with this section1 within a reasonable time period following the completion of the actions described in this subparagraph4 7e7 ,verification 7#a7 ,before employment ,before an individual covered by subsection 7a77#b7 begins work for an entity described in subsection 7a7 at a subminimum wage1 the entity shall review such documentation received by the individual under subsection 7d71 and provided by the individual to the entity1 that indicates that the individual has completed the actions described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b7 and the entity shall maintain copies of such documentation4 7#b7 ,during employment 7,a7 ,in general ,in order to continue to employ an individual at a subminimum wage1 the entity described in subsection 7a7 shall verify completion of the requirements of subsection 7c71 including reviewing any relevant documents provided by the individual1 and shall maintain copies of the documentation described in subsection 7d74 7,b7 ,review of documentation ,the entity described in subsection 7a7 shall be subject to review of individual documentation described in subsection 7d7 by a representative working directly for the designated ,state unit or the ,department of ,labor at such a time and in such a manner as may be necessary to fulfill the intent of this section1 consistent with regulations established by the designated ,state unit or the ,secretary of ,labor4 7f7 ,federal minimum wage ,in this section1 the term ,federal minimum wage means the rate applicable under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a774 4 7b7 ,effective date ,this section takes effect #b years after the date of enactment of the ,workforce ,innovation and ,opportunity ,act4 ,g ,employment ,opportunities for ,individuals ,with ,disabilities #dfa4 ,employment opportunities for individuals with disabilities ,title ,,vi 7#bi ,u4,s4,c4 #gie et seq47 is amended-- 7#a7 by striking part ,a2 7#b7 by striking the part heading relating to part ,b2 7#c7 by redesignating sections #fba through #fbh as sections #fjb through #fji1 respectively2 7#d7 in section #fjb1 as redesignated by paragraph 7#c7-- 7,a7 by striking part and inserting title2 and 7,b7 by striking individuals with the most significant disabilities and all that follows and inserting individuals with the most significant disabilities1 including youth with the most significant disabilities1 to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment42 7#e7 in section #fjc1 as redesignated by paragraph 7#c7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking part and inserting title2 7,,ii7 in subparagraph 7,a71 by inserting amount after whichever2 and 7,,iii7 in subparagraph 7,b7-- 7aa7 by striking part for the fiscal year and inserting title for the fiscal year2 7bb7 by striking this part in fiscal year #aiib and inserting part ,b of this title 7as in effect on ,september #cj1 #aiib7 in fiscal year #aiib2 and 7cc7 by inserting amount after whichever2 and 7ii7 in paragraph 7#b77;,b71 by striking one-eighth of one percent and inserting #a_/h of #a percent2 7,b7 in subsection 7b7-- 7i7 by inserting under subsection 7a7 after allotment to a ,state2 7ii7 by striking part each place the term appears and inserting title2 and 7iii7 by striking one or more and inserting #a or more2 and 7,c7 by adding at the end the following3 7c7 ,limitations on administrative costs ,a ,state that receives an allotment under this title shall not use more than #b4e percent of such allotment to pay for administrative costs4 7d7 ,services for youth with the most significant disabilities ,a ,state that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services1 including extended services1 to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment4 2 7#f7 by striking section #fjd1 as redesignated by paragraph 7#c71 and inserting the following3 #fjd4 ,availability of services 7a7 ,supported employment services ,funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title4 7b7 ,extended services 7#a7 ,in general ,except as provided in paragraph 7#b71 funds provided under this title1 or title ,i1 may not be used to provide extended services to individuals under this title or title ,i4 7#b7 ,extended services for youth with the most significant disabilities ,funds allotted under this title1 or title ,i1 and used for the provision of services under this title to youth with the most significant disabilities pursuant to section #fjc7;d71 may be used to provide extended services to youth with the most significant disabilities4 ,such extended services shall be available for a period not to exceed #d years4 2 7#g7 in section #fje1 as redesignated by paragraph 7#c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting 1 including a youth with a disability1 after ,an individual2 and 7ii7 by striking this part and inserting this title2 7,b7 in paragraph 7#a71 by inserting under title ,i after rehabilitation services2 7,c7 in paragraph 7#b71 by striking and after the semicolon2 7,d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,e7 by inserting after paragraph 7#b7 the following3 7#c7 for purposes of activities carried out with funds described in section #fjc7;d71 the individual is a youth with a disability1 as defined in section 7#g77db72 and 2 and 7,f7 in paragraph 7#d71 as redesignated by subparagraph 7,d71 by striking assessment of rehabilitation needs and inserting assessment of the rehabilitation needs2 7#h7 in section #fjf1 as redesignated by paragraph 7#c7-- 7,a7 in subsection 7a7-- 7i7 by striking this part and inserting this title2 and 7ii7 by inserting 1 including youth with the most significant disabilities1 after individuals2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking this part and inserting this title2 7ii7 in paragraph 7#b71 by inserting 1 including youth1 after rehabilitation needs of individuals2 7iii7 in paragraph 7#c7-- 7,i7 by inserting 1 including youth with the most significant disabilities1 after provided to individuals2 and 7,,ii7 by striking section #fbb and inserting section #fjc2 7iv7 by striking paragraph 7#g72 7v7 by redesignating paragraph 7#f7 as paragraph 7#g72 7vi7 by inserting after paragraph 7#e7 the following3 7#f7 describe the activities to be conducted pursuant to section #fjc7;d7 for youth with the most significant disabilities1 including-- 7,a7 the provision of extended services for a period not to exceed #d years2 and 7,b7 how the ,state will use the funds reserved in section #fjc7;d7 to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities2 2 7vii7 in paragraph 7#g71 as redesignated by clause 7v7-- 7,i7 in subparagraph 7,a71 by striking under this part both places the term appears and inserting under this title2 7,,ii7 in subparagraph 7,b71 by inserting 1 including youth with the most significant disabilities1 after significant disabilities2 7,,iii7 in subparagraph 7,c7-- 7aa7 in clause 7i71 by inserting 1 including1 as appropriate1 for youth with the most significant disabilities1 transition services and pre-employment transition services after services to be provided2 7bb7 in clause 7ii71 by inserting 1 including the extended services that may be provided to youth with the most significant disabilities under this title1 in accordance with an approved individualized plan for employment1 for a period not to exceed #d years after services needed2 and 7cc7 in clause 7iii7-- 7,,aa7 by striking identify the source of extended services1 and inserting identify1 as appropriate1 the source of extended services12 7,,bb7 by striking or to the extent and inserting or indicate2 and 7,,cc7 by striking employment is developed and all that follows and inserting employment is developed2 7,,iv7 in subparagraph 7,d71 by striking under this part and inserting under this title2 7,v7 in subparagraph 7,f71 by striking and after the semicolon2 7,,vi7 in subparagraph 7,g71 by striking for the maximum number of hours possible2 and 7,,vii7 by adding at the end the following3 7,h7 the ,state agencies designated under paragraph 7#a7 will expend not more than #b4e percent of the allotment of the ,state under this title for administrative costs of carrying out this title2 and 7,i7 with respect to supported employment services provided to youth with the most significant disabilities pursuant to section #fjc7;d71 the designated ,state agency will provide1 directly or indirectly through public or private entities1 non-,federal contributions in an amount that is not less than #aj percent of the costs of carrying out such services2 and 2 7#i7 by striking section #fjg1 as redesignated by paragraph 7#c71 and inserting the following3 #fjg4 ,restriction ,each ,state agency designated under section #fjf7;b77#a7 shall collect the information required by section #aja7;a77#aj7 separately for-- 7#a7 eligible individuals receiving supported employment services under this title2 7#b7 eligible individuals receiving supported employment services under title ,i2 7#c7 eligible youth receiving supported employment services under this title2 and 7#d7 eligible youth receiving supported employment services under title ,i4 2 7#aj7 in section #fjh7;b71 as redesignated by paragraph 7#c71 by striking this part both places the terms appears and inserting this title2 and 7#aa7 by striking section #fji1 as redesignated by paragraph 7#c71 and inserting the following3 #fji4 ,advisory ,committee on ,increasing ,competitive ,integrated ,employment for ,individuals with ,disabilities 7a7 ,establishment ,not later than #fj days after the date of enactment of the ,workforce ,innovation and ,opportunity ,act1 the ,secretary of ,labor shall establish an ,advisory ,committee on ,increasing ,competitive ,integrated ,employment for ,individuals with ,disabilities 7referred to in this section as the ,committee74 7b7 ,appointment and vacancies 7#a7 ,appointment ,the ,secretary of ,labor shall appoint the members of the ,committee described in subsection 7c77#f71 in accordance with subsection 7c74 7#b7 ,vacancies ,any vacancy in the ,committee shall not affect its powers1 but shall be filled in the same manner1 in accordance with the same paragraph of subsection 7c71 as the original appointment or designation was made4 7c7 ,composition ,the ,committee shall be composed of-- 7#a7 the ,assistant ,secretary for ,disability ,employment ,policy1 the ,assistant ,secretary for ,employment and ,training1 and the ,administrator of the ,wage and ,hour ,division1 of the ,department of ,labor2 7#b7 the ,commissioner of the ,administration on ,intellectual and ,developmental ,disabilities1 or the ,commissioner's designee2 7#c7 the ,director of the ,centers for ,medicare ,medicaid ,services of the ,department of ,health and ,human ,services1 or the ,director's designee2 7#d7 the ,commissioner of ,social ,security1 or the ,commissioner's designee2 7#e7 the ,commissioner of the ,rehabilitation ,services ,administration1 or the ,commissioner's designee2 and 7#f7 representatives from constituencies consisting of-- 7,a7 self-advocates for individuals with intellectual or developmental disabilities2 7,b7 providers of employment services1 including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment2 7,c7 representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities2 7,d7 experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities2 7,e7 representatives from the employer community or national employer organizations2 and 7,f7 other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities4 7d7 ,chairperson ,the ,committee shall elect a ,chairperson of the ,committee from among the appointed members of the ,committee4 7e7 ,meetings ,the ,committee shall meet at the call of the ,chairperson1 but not less than #h times4 7f7 ,duties ,the ,committee shall study1 and prepare findings1 conclusions1 and recommendations for the ,secretary of ,labor on-- 7#a7 ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment2 7#b7 the use of the certificate program carried out under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 for the employment of individuals with intellectual or developmental disabilities1 or other individuals with significant disabilities2 and 7#c7 ways to improve oversight of the use of such certificates4 7g7 ,committee personnel matters 7#a7 ,travel expenses ,the members of the ,committee shall not receive compensation for the performance of services for the ,committee1 but shall be allowed reasonable travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,committee4 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary may accept the voluntary and uncompensated services of members of the ,committee4 7#b7 ,staff ,the ,secretary of ,labor may designate such personnel as may be necessary to enable the ,committee to perform its duties4 7#c7 ,detail of government employees ,any ,federal ,government employee1 with the approval of the head of the appropriate ,federal agency1 may be detailed to the ,committee without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7#d7 ,facilities1 equipment1 and services ,the ,secretary of ,labor shall make available to the ,committee1 under such arrangements as may be appropriate1 necessary equipment1 supplies1 and services4 7h7 ,reports 7#a7 ,interim and final reports ,the ,committee shall prepare and submit to the ,secretary of ,labor1 as well as the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives-- 7,a7 an interim report that summarizes the progress of the ,committee1 along with any interim findings1 conclusions1 and recommendations as described in subsection 7f72 and 7,b7 a final report that states final findings1 conclusions1 and recommendations as described in subsection 7f74 7#b7 ,preparation and submission ,the reports shall be prepared and submitted-- 7,a7 in the case of the interim report1 not later than #a year after the date on which the ,committee is established under subsection 7a72 and 7,b7 in the case of the final report1 not later than #b years after the date on which the ,committee is established under subsection 7a74 7i7 ,termination ,the ,committee shall terminate on the day after the date on which the ,committee submits the final report4 #faj4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #bg1edh1jjj for fiscal year #bjae1 #bi1fgf1jjj for fiscal year #bjaf1 #cj1bib1jjj for fiscal year #bjag1 #cj1ifc1jjj for fiscal year #bjah1 #ca1fia1jjj for fiscal year #bjai1 and #cb1cfc1jjj for fiscal year #bjbj4 4 ,h ,independent ,living ,services and ,centers for ,independent ,living #a ,individuals with significant disabilities ,a ,general provisions #dga4 ,purpose ,section #gja 7#bi ,u4,s4,c4 #gif7 is amended1 in paragraph 7#c7-- 7#a7 by striking part ,b of title ,,vi and inserting title ,,vi2 and 7#b7 by inserting before the period the following3 1 with the goal of improving the independence of individuals with disabilities4 #dgb4 ,administration of the independent living program ,title ,,vii 7#bi ,u4,s4,c4 #gif et seq47 is amended by inserting after section #gja the following3 #gja;,a4 ,administration of the independent living program ,there is established within the ,administration for ,community ,living of the ,department of ,health and ,human ,services1 an ,independent ,living ,administration4 ,the ,independent ,living ,administration shall be headed by a ,director 7referred to in this section as the ,director7 appointed by the ,secretary of ,health and ,human ,services4 ,the ,director shall be an individual with substantial knowledge of independent living services4 ,the ,independent ,living ,administration shall be the principal agency1 and the ,director shall be the principal officer1 to carry out this chapter4 ,in performing the functions of the office1 the ,director shall be directly responsible to the ,administrator of the ,administration for ,community ,living of the ,department of ,health and ,human ,services4 ,the ,secretary shall ensure that the ,independent ,living ,administration has sufficient resources 7including designating at least #a individual from the ,office of ,general ,counsel who is knowledgeable about independent living services7 to provide technical assistance and support to1 and oversight of1 the programs funded under this chapter4 4 #dgc4 ,definitions ,section #gjb 7#bi ,u4,s4,c4 #gif;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter before subparagraph 7,a71 by inserting for individuals with significant disabilities 7regardless of age or income7 before that--2 and 7,b7 in subparagraph 7,b71 by striking the period and inserting 1 including1 at a minimum1 independent living core services as defined in section #g7ag742 7#b7 in paragraph 7#b71 by striking the period and inserting the following3 1 in terms of the management1 staffing1 decisionmaking1 operation1 and provisions of services1 of the center42 7#c7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7#d7 by inserting before paragraph 7#b7 the following3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,administration for ,community ,living of the ,department of ,health and ,human ,services4 4 #dgd4 ,state plan ,section #gjd 7#bi ,u4,s4,c4 #gif;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting after ,state plan the following3 developed and signed in accordance with paragraph 7#b712 and 7ii7 by striking ,commissioner each place it appears and inserting ,administrator2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking developed and signed by2 and 7ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 developed by the chairperson of the ,statewide ,independent ,living ,council1 and the directors of the centers for independent living in the ,state1 after receiving public input from individuals with disabilities and other stakeholders throughout the ,state2 and 7,b7 signed by-- 7i7 the chairperson of the ,statewide ,independent ,living ,council1 acting on behalf of and at the direction of the ,council2 7ii7 the director of the designated ,state entity described in subsection 7c72 and 7iii7 not less than #ea percent of the directors of the centers for independent living in the ,state4 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking ,state independent living services and inserting independent living services in the ,state2 and 7ii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 working relationships and collaboration between-- 7i7 centers for independent living2 and 7ii7 7,i7 entities carrying out programs that provide independent living services1 including those serving older individuals2 7,,ii7 other community-based organizations that provide or coordinate the provision of housing1 transportation1 employment1 information and referral assistance1 services1 and supports for individuals with significant disabilities2 and 7,,iii7 entities carrying out other programs providing services for individuals with disabilities4 4 7,d7 in paragraph 7#d71 by striking ,commissioner each place it appears and inserting ,administrator2 and 7,e7 by adding at the end the following3 7#e7 ,statewideness ,the ,state plan shall describe strategies for providing independent living services on a statewide basis1 to the greatest extent possible4 2 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking unit and inserting entity2 7,b7 in the matter preceding paragraph 7#a71 by striking the designated ,state unit of such ,state and inserting a ,state entity of such ,state 7referred to in this title as the designated ,state entity72 7,c7 in paragraphs 7#c7 and 7#d71 by striking ,commissioner each place it appears and inserting ,administrator2 7,d7 in paragraph 7#c71 by striking and at the end2 7,e7 in paragraph 7#d71 by striking the period and inserting 2 and2 and 7,f7 by adding at the end the following3 7#e7 retain not more than #e percent of the funds received by the ,state for any fiscal year under part ,b1 for the performance of the services outlined in paragraphs 7#a7 through 7#d74 2 7#c7 in subsection 7i71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 the ,statewide ,independent ,living ,council2 7#b7 centers for independent living2 7#c7 the designated ,state entity2 and 7#d7 other ,state agencies or entities represented on the ,council1 other councils that address the needs and issues of specific disability populations1 and other public and private entities determined to be appropriate by the ,council4 2 7#d7 in subsection 7m7-- 7,a7 in paragraph 7#d71 by striking ,commissioner each place it appears and inserting ,administrator2 and 7,b7 in paragraph 7#e71 by striking ,commissioner and inserting ,administrator2 and 7#e7 by adding at the end the following3 7o7 ,promoting full access to community life ,the plan shall describe how the ,state will provide independent living services described in section #g7ah7 that promote full access to community life for individuals with significant disabilities4 4 #dge4 ,statewide ,independent ,living ,council ,section #gje 7#bi ,u4,s4,c4 #gif;d7 is amended-- 7#a7 in subsection 7a71 by inserting and maintain after shall establish2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting among its voting members1 before at least2 and 7,,ii7 by striking one and inserting #a2 and 7ii7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 among its voting members1 for a ,state in which #a or more centers for independent living are run by1 or in conjunction with1 the governing bodies of ,american ,indian tribes located on ,federal or ,state reservations1 at least #a representative of the directors of such centers2 and 7,c7 as ex officio1 nonvoting members1 a representative of the designated ,state entity1 and representatives from ,state agencies that provide services for individuals with disabilities4 2 7,b7 in paragraph 7#c7-- 7i7 by redesignating subparagraphs 7,c7 through 7,f7 as subparagraphs 7,d7 through 7,g71 respectively2 7ii7 in subparagraph 7,b71 by striking parents and guardians of2 and 7iii7 by inserting after paragraph 7,b7 the following3 7,c7 parents and guardians of individuals with disabilities2 2 7,c7 in paragraph 7#e77;,b71 by striking paragraph 7#c7 and inserting paragraph 7#a72 and 7,d7 in paragraph 7#f77;,b71 by inserting 1 other than a representative described in paragraph 7#b77;,a7 if there is only one center for independent living within the ,state1 after the ,council2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,functions 7#a7 ,duties ,the ,council shall-- 7,a7 develop the ,state plan as provided in section #gjd7;a77#b72 7,b7 monitor1 review1 and evaluate the implementation of the ,state plan2 7,c7 meet regularly1 and ensure that such meetings of the ,council are open to the public and sufficient advance notice of such meetings is provided2 7,d7 submit to the ,administrator such periodic reports as the ,administrator may reasonably request1 and keep such records1 and afford such access to such records1 as the ,administrator finds necessary to verify the information in such reports2 and 7,e7 as appropriate1 coordinate activities with other entities in the ,state that provide services similar to or complementary to independent living services1 such as entities that facilitate the provision of or provide long-term community-based services and supports4 7#b7 ,authorities ,the ,council may1 consistent with the ,state plan described in section #gjd1 unless prohibited by ,state law-- 7,a7 in order to improve services provided to individuals with disabilities1 work with centers for independent living to coordinate services with public and private entities2 7,b7 conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living2 and 7,c7 perform such other functions1 consistent with the purpose of this chapter and comparable to other functions described in this subsection1 as the ,council determines to be appropriate4 7#c7 ,limitation ,the ,council shall not provide independent living services directly to individuals with significant disabilities or manage such services4 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking prepare and all that follows through a plan and inserting prepare1 in conjunction with the designated ,state entity1 a plan2 and 7,b7 in paragraph 7#c71 by striking ,state agency and inserting ,state entity2 and 7#e7 in subsection 7f7-- 7,a7 by striking such resources and inserting available resources2 and 7,b7 by striking 7including and all that follows through compensation and inserting 7such as personal assistance services71 and to pay reasonable compensation4 #dge;,a4 ,responsibilities of the ,administrator ,section #gjf 7#bi ,u4,s4,c4 #gif;d-#a7 is amended-- 7#a7 by striking the title of the section and inserting the following3 #gjf4 ,responsibilities of the ,administrator 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking ,commissioner each place it appears and inserting ,administrator2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking ,commissioner and inserting ,administrator2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 by inserting or the ,commissioner after to the ,secretary2 and 7bb7 by striking to the ,commissioner2 and and inserting to the ,administrator22 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i7 the following3 7ii7 to the ,state agency shall be deemed to be references to the designated ,state entity2 and 2 7#c7 by striking subsection 7b7 and inserting the following3 7b7 ,indicators ,not later than #a year after the date of enactment of the ,workforce ,innovation and ,opportunity ,act1 the ,administrator shall develop and publish in the ,federal ,register indicators of minimum compliance for centers for independent living 7consistent with the standards set forth in section #gbe71 and indicators of minimum compliance for ,statewide ,independent ,living ,councils4 2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,commissioner each place it appears and inserting ,administrator2 and 7ii7 by striking the last sentence2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,commissioner and inserting ,administrator2 7ii7 in subparagraph 7,a71 by striking such a review and inserting a review described in paragraph 7#a72 and 7iii7 in subparagraphs 7,a7 and 7,b71 by striking ,department each place it appears and inserting ,department of ,health and ,human ,services2 and 7#e7 by striking subsection 7d7 and inserting the following3 7d7 ,reports 7#a7 ,in general ,the ,director described in section #gja;,a shall provide to the ,administrator of the ,administration for ,community ,living and the ,administrator shall include1 in an annual report1 information on the extent to which centers for independent living receiving funds under part ,c have complied with the standards and assurances set forth in section #gbe4 ,the ,director may identify individual centers for independent living in the analysis contained in that information4 ,the ,director shall include in the report the results of onsite compliance reviews1 identifying individual centers for independent living and other recipients of assistance under part ,c4 7#b7 ,public availability ,the ,director shall ensure that the report described in this subsection is made publicly available in a timely manner1 including through electronic means1 in order to inform the public about the administration and performance of programs under this ,act4 4 ,b ,independent living services #dgf4 ,administration 7a7 ,allotments ,section #gaa 7#bi ,u4,s4,c4 #gif;e7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking ,except and inserting ,after the reservation required by section #gaa;,a is made1 and except2 and 7ii7 by inserting the remainder of the before sums appropriated2 and 7,b7 in paragraph 7#b77;,b71 by striking amounts made available for purposes of this part and inserting remainder described in paragraph 7#a77;,a72 7#b7 in subsections 7a71 7b71 and 7c71 by striking ,commissioner each place it appears and inserting ,administrator2 and 7#c7 by adding at the end the following3 7d7 ,administration ,funds allotted or made available to a ,state under this section shall be administered by the designated ,state entity1 in accordance with the approved ,state plan4 4 7b7 ,training and technical assistance ,part ,b of chapter #a of title ,,vii is amended by inserting after section #gaa 7#bi ,u4,s4,c4 #gif;e7 the following3 #gaa;,a4 ,training and technical assistance 7a7 ,from the funds appropriated and made available to carry out this part for any fiscal year1 beginning with fiscal year #bjae1 the ,administrator shall first reserve not less than #a4h percent and not more than #b percent of the funds to provide1 either directly or through grants1 contracts1 or cooperative agreements1 training and technical assistance to ,statewide ,independent ,living ,councils established under section #gje for such fiscal year4 7b7 ,the ,administrator shall conduct a survey of such ,statewide ,independent ,living ,councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance4 7c7 ,to be eligible to receive a grant or enter into a contract or cooperative agreement under this section1 an entity shall submit an application to the ,administrator at such time1 in such manner1 containing a proposal to provide such training and technical assistance1 and containing such additional information1 as the ,administrator may require4 ,the ,administrator shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of such ,statewide ,independent ,living ,councils4 4 7c7 ,payments ,section #gab7;a7 7#bi ,u4,s4,c4 #gif;e-#a7;a77 is amended by striking ,commissioner and inserting ,administrator4 7d7 ,authorized uses of funds ,section #gac 7#bi ,u4,s4,c4 #gif;e-#b7 is amended-- 7#a7 by striking the matter preceding paragraph 7#a7 and inserting the following3 7a7 ,in ,general ,the ,state may use funds received under this part to provide the resources described in section #gje7;e7 7but may not use more than #cj percent of the funds paid to the ,state under section #gab for such resources unless the ,state specifies that a greater percentage of the funds is needed for such resources in a ,state plan approved under section #gjf71 relating to the ,statewide ,independent ,living ,council1 may retain funds under section #gjd7;c77#e71 and shall distribute the remainder of the funds received under this part in a manner consistent with the approved ,state plan for the activities described in subsection 7b74 7b7 ,activities ,the ,state may use the remainder of the funds described in subsection 7a7-- 2 and 7#b7 in paragraph 7#a71 by inserting 1 particularly those in unserved areas of the ,state after disabilities4 7e7 ,authorization of appropriations ,section #gad 7#bi ,u4,s4,c4 #gif;e-#c7 is amended by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #bb1hgh1jjj for fiscal year #bjae1 #bd1fde1jjj for fiscal year #bjaf1 #be1aef1jjj for fiscal year #bjag1 #be1gad1jjj for fiscal year #bjah1 #bf1cai1jjj for fiscal year #bjai1 and #bf1hgg1jjj for fiscal year #bjbj44 ,c ,centers for independent living #dha4 ,program authorization ,section #gba 7#bi ,u4,s4,c4 #gif;f7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking #aiii and inserting #bjae2 7,b7 by striking ,commissioner shall allot and inserting ,administrator shall make available2 and 7,c7 by inserting 1 centers for independent living1 after ,states2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking other arrangements and inserting cooperative agreements2 7ii7 by striking ,for and all that follows through ,commissioner and inserting ,from the funds appropriated to carry out this part for any fiscal year1 beginning with fiscal year #bjae1 the ,administrator2 7iii7 by striking reserve from such excess and inserting reserve not less than #a4h percent and not more than #b percent of the funds2 and 7iv7 by striking eligible agencies and all that follows and inserting centers for independent living and eligible agencies for such fiscal year42 7,b7 in paragraph 7#b7-- 7i7 by striking ,commissioner shall make grants to1 and enter into contracts and other arrangements with1 and inserting ,administrator shall make grants to1 or enter into contracts or cooperative agreements with12 and 7ii7 by inserting fiscal management of1 before planning12 7,c7 in paragraphs 7#c71 7#d71 and 7#e71 by striking ,commissioner each place it appears and inserting ,administrator2 and 7,d7 in paragraph 7#c71 by striking ,statewide ,independent ,living ,councils and2 7#c7 in paragraph 7#d71 by striking other arrangement and inserting cooperative agreement2 7#d7 in subsection 7c71 by striking ,commissioner each place it appears and inserting ,administrator2 and 7#e7 in subsection 7d71 by striking ,commissioner each place it appears and inserting ,administrator4 #dhb4 ,centers 7a7 ,centers in ,states in which ,federal funding exceeds ,state funding ,section #gbb 7#bi ,u4,s4,c4 #gif;f-#a7 is amended-- 7#a7 in subsections 7a71 7b71 and 7c71 by striking ,commissioner each place it appears and inserting ,administrator2 7#b7 in subsection 7c7-- 7,a7 by striking grants and inserting grants for a fiscal year2 and 7,b7 by striking by ,september #cj1 #aiig and inserting for the preceding fiscal year2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,commissioner and inserting ,administrator2 and 7ii7 by striking region1 consistent and all that follows and inserting region4 ,the ,administrator's determination of the most qualified applicant shall be consistent with the provisions in the ,state plan setting forth the design of the ,state for establishing a statewide network of centers for independent living42 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,commissioner and inserting ,administrator2 and 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 shall consider comments regarding the application-- 7i7 by individuals with disabilities and other interested parties within the new region proposed to be served2 and 7ii7 if any1 by the ,statewide ,independent ,living ,council in the ,state in which the applicant is located2 2 and 7#d7 in subsections 7e7 and 7g7 by striking ,commissioner each place it appears and inserting ,administrator44 7b7 ,centers in ,states in which ,state funding exceeds ,federal funding ,section #gbc 7#bi ,u4,s4,c4 #gif;f-#b7 is amended-- 7#a7 in subsections 7a71 7b71 7g71 7h71 and 7i71 by striking ,commissioner each place it appears and inserting ,administrator2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a77ii71 by inserting of a designated ,state unit after director2 and 7,b7 in the heading of paragraph 7#c71 by striking commissioner and inserting administrator2 and 7#c7 in subsection 7c7-- 7,a7 by striking grants and inserting grants for a fiscal year2 and 7,b7 by striking by ,september #cj1 #aiig and inserting for the preceding fiscal year4 7c7 ,centers operated by ,state agencies ,section #gbd 7#bi ,u4,s4,c4 #gif;f-#c7 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking #aiic and inserting #bjae2 7,b7 by striking ,rehabilitation ,act ,amendments of #aiih and inserting ,workforce ,innovation and ,opportunity ,act2 and 7,c7 by striking #aiid and inserting #bjae2 and 7#b7 by striking ,commissioner each place it appears and inserting ,administrator4 #dhc4 ,standards and assurances ,section #gbe 7#bi ,u4,s4,c4 #gif;f-#d7 is amended-- 7#a7 in subsection 7b77#a77;,d7-- 7,a7 by striking access of and inserting access for 2 and 7,b7 by striking to society and and inserting 1 within their communities12 and 7#b7 in subsection 7c71 by striking ,commissioner each place it appears and inserting ,administrator4 #dhd4 ,authorization of appropriations ,section #gbg 7#bi ,u4,s4,c4 #gif;f-#f7 is amended by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #gh1cje1jjj for fiscal year #bjae1 #hd1cec1jjj for fiscal year #bjaf1 #hf1ajd1jjj for fiscal year #bjag1 #hh1jac1jjj for fiscal year #bjah1 #ij1jhc1jjj for fiscal year #bjai1 and #ia1iib1jjj for fiscal year #bjbj44 #b ,independent ,living ,services for ,older ,individuals who are ,blind #dhf4 ,independent living services for older individuals who are blind ,chapter #b of title ,,vii 7#bi ,u4,s4,c4 #gif;j et seq47 is amended by inserting after section #gea the following3 #gea;,a4 ,training and technical assistance 7a7 ,from the funds appropriated and made available to carry out this chapter for any fiscal year1 beginning with fiscal year #bjae1 the ,commissioner shall first reserve not less than #a4h percent and not more than #b percent of the funds to provide1 either directly or through grants1 contracts1 or cooperative agreements1 training and technical assistance to designated ,state agencies1 or other providers of independent living services for older individuals who are blind1 that are funded under this chapter for such fiscal year4 7b7 ,the ,commissioner shall conduct a survey of designated ,state agencies that receive grants under section #geb regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance4 7c7 ,to be eligible to receive a grant or enter into a contract or cooperative agreement under this section1 an entity shall submit an application to the ,commissioner at such time1 in such manner1 containing a proposal to provide such training and technical assistance1 and containing such additional information1 as the ,commissioner may require4 ,the ,commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind4 4 #dhg4 ,program of grants ,section #geb 7#bi ,u4,s4,c4 #gifk7 is amended-- 7#a7 by striking subsection 7h72 7#b7 by redesignating subsections 7i7 and 7j7 as subsections 7h7 and 7i71 respectively2 7#c7 in subsection 7c77#b7-- 7,a7 by striking subsection 7j7 and inserting subsection 7i72 and 7,b7 by striking subsection 7i7 and inserting subsection 7h72 7#d7 in subsection 7g71 by inserting 1 or contracts or cooperative agreements with1 after grants to2 7#e7 in subsection 7h71 as redesignated by paragraph 7#b7-- 7,a7 in paragraph 7#a71 by striking subsection 7j77#d7 and inserting subsection 7i77#d72 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77vi71 by adding and after the semicolon2 7ii7 in subparagraph 7,b77ii77,,iii71 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,c72 and 7#f7 in subsection 7i71 as redesignated by paragraph 7#b7-- 7,a7 in paragraph 7#b77;,a77ii71 by inserting 1 and not reserved under section #gea;,a1 after section #gec2 7,b7 in paragraph 7#c77;,a71 by inserting 1 and not reserved under section #gea;,a1 after section #gec2 and 7,c7 in paragraph 7#d77;,b77i71 by striking subsection 7i7 and inserting subsection 7h74 #dhh4 ,independent living services for older individuals who are blind authorization of appropriations ,section #gec 7#bi ,u4,s4,c4 #gifl7 is amended by striking such sums as may be necessary for each of the fiscal years #aiii through #bjjc4 and inserting #cc1cag1jjj for fiscal year #bjae1 #ce1hij1jjj for fiscal year #bjaf1 #cf1fce1jjj for fiscal year #bjag1 #cg1ddh1jjj for fiscal year #bjah1 #ch1cbh1jjj for fiscal year #bjai1 and #ci1ada1jjj for fiscal year #bjbj44 ,i ,general provisions #dia4 ,transfer of functions regarding independent living to ,department of ,health and ,human ,services1 and savings provisions 7a7 ,definitions ,for purposes of this section1 unless otherwise provided or indicated by the context-- 7#a7 the term ,administration for ,community ,living means the ,administration for ,community ,living of the ,department of ,health and ,human ,services2 7#b7 the term ,federal agency has the meaning given to the term agency by section #eea7a7 of title #e1 ,united ,states ,code2 7#c7 the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 and 7#d7 the term ,rehabilitation ,services ,administration means the ,rehabilitation ,services ,administration of the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education4 7b7 ,transfer of functions ,there are transferred to the ,administration for ,community ,living1 all functions which the ,commissioner of the ,rehabilitation ,services ,administration exercised before the effective date of this section 7including all related functions of any officer or employee of that ,administration7 under chapter #a of title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif et seq74 7c7 ,personnel ,determinations by the office of management and budget ,the ,office of ,management and ,budget shall-- 7#a7 ensure that this section does not result in any net increase in full-time equivalent employees at any ,federal agency impacted by this section2 and 7#b7 not later than #a year after the effective date of this section1 certify compliance with this subsection to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7d7 ,delegation and assignment ,except where otherwise expressly prohibited by law or otherwise provided by this section1 the ,administrator of the ,administration for ,community ,living may delegate any of the functions transferred to the ,administrator of such ,administration by subsection 7b7 and any function described in subsection 7b7 that was transferred or granted to such ,administrator after the effective date of this section to such officers and employees of such ,administration as the ,administrator may designate1 and may authorize successive redelegations of such functions described in subsection 7b7 as may be necessary or appropriate4 ,no delegation of such functions by the ,administrator of the ,administration for ,community ,living under this subsection or under any other provision of this section shall relieve such ,administrator of responsibility for the administration of such functions4 7e7 ,reorganization ,except where otherwise expressly prohibited by law or otherwise provided by this ,act1 the ,administrator of the ,administration for ,community ,living is authorized to allocate or reallocate any function transferred under subsection 7b7 among the officers of such ,administration1 and to consolidate1 alter1 or discontinue such organizational entities in such ,administration as may be necessary or appropriate4 7f7 ,rules ,the ,administrator of the ,administration for ,community ,living is authorized to prescribe1 in accordance with the provisions of chapters #e and #f of title #e1 ,united ,states ,code1 such rules and regulations as that ,administrator determines necessary or appropriate to administer and manage the functions described in subsection 7b7 of that ,administration4 7g7 ,transfer and allocations of appropriations and personnel ,except as otherwise provided in this section1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds employed1 used1 held1 arising from1 available to1 or to be made available in connection with the functions transferred by subsection 7b71 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,administration for ,community ,living4 ,unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated4 7h7 ,incidental transfers ,the ,director of the ,office of ,management and ,budget1 at such time or times as the ,director shall provide1 is authorized to make such determinations as may be necessary with regard to the functions transferred by subsection 7b71 and to make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this section4 ,the ,director of the ,office of ,management and ,budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section1 with respect to such functions4 7i7 ,savings provisions 7#a7 ,continuing effect of legal documents ,all orders1 determinations1 rules1 regulations1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 privileges1 and other administrative actions-- 7,a7 which have been issued1 made1 granted1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions which are transferred under subsection 7b72 and 7,b7 which are in effect at the time this section takes effect1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,administrator of the ,administration for ,community ,living or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,proceedings not affected ,the provisions of this section shall not affect any proceedings1 including notices of proposed rulemaking1 or any application for any license1 permit1 certificate1 or financial assistance pending before the ,rehabilitation ,services ,administration at the time this section takes effect1 with respect to functions transferred by subsection 7b7 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this section had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted4 7#c7 ,suits not affected ,the provisions of this section shall not affect suits commenced 7with respect to functions transferred under subsection 7b77 before the effective date of this section1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding commenced by or against the ,rehabilitation ,services ,administration 7with regard to functions transferred under subsection 7b771 or by or against any individual in the official capacity of such individual as an officer of the ,rehabilitation ,services ,administration 7with regard to functions transferred under subsection 7b771 shall abate by reason of the enactment of this section4 7#e7 ,administrative actions relating to promulgation of regulations ,any administrative action relating to the preparation or promulgation of a regulation by the ,rehabilitation ,services ,administration 7with regard to functions transferred under subsection 7b77 may be continued by the ,administration for ,community ,living with the same effect as if this section had not been enacted4 7j7 ,separability ,if a provision of this section or its application to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7k7 ,references ,a reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or relating to-- 7#a7 the ,commissioner of the ,rehabilitation ,services ,administration 7with regard to functions transferred under subsection 7b771 shall be deemed to refer to the ,administrator of the ,administration for ,community ,living2 and 7#b7 the ,rehabilitation ,services ,administration 7with regard to functions transferred under subsection 7b771 shall be deemed to refer to the ,administration for ,community ,living4 7l7 ,transition ,the ,administrator of the ,administration for ,community ,living is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,rehabilitation ,services ,administration with regard to functions transferred under subsection 7b72 and 7#b7 funds appropriated to such functions1 for such period of time as may reasonably be needed to facilitate the orderly implementation of this section4 7m7 ,administration for ,community ,living 7#a7 ,transfer of functions ,there are transferred to the ,administration for ,community ,living1 all functions which the ,commissioner of the ,rehabilitation ,services ,administration exercised before the effective date of this section 7including all related functions of any officer or employee of that ,administration7 under the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjja et seq474 7#b7 ,administrative matters ,subsections 7d7 through 7l7 shall apply to transfers described in paragraph 7#a74 7n7 ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research 7#a7 ,definitions ,for purposes of this subsection1 unless otherwise provided or indicated by the context-- 7,a7 the term ,,nidilrr means the ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research of the ,administration for ,community ,living of the ,department of ,health and ,human ,services2 and 7,b7 the term ,,nidrr means the ,national ,institute on ,disability and ,rehabilitation ,research of the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education4 7#b7 ,transfer of functions ,there are transferred to the ,,nidilrr1 all functions which the ,director of the ,,nidrr exercised before the effective date of this section 7including all related functions of any officer or employee of the ,,nidrr74 7#c7 ,administrative matters 7,a7 ,in general ,subsections 7d7 through 7l7 shall apply to transfers described in paragraph 7#b74 7,b7 ,references ,for purposes of applying those subsections under subparagraph 7,a71 those subsections-- 7i7 shall apply to the ,,nidrr and the ,director of the ,,nidrr in the same manner and to the same extent as those subsections apply to the ,rehabilitation ,services ,administration and the ,commissioner of that ,administration2 and 7ii7 shall apply to the ,,nidilrr and the ,director of the ,,nidilrr in the same manner and to the same extent as those subsections apply to the ,administration for ,community ,living and the ,administrator of that ,administration4 7o7 ,references in ,assistive ,technology ,act of #aiih 7#a7 ,secretary ,section #c7ac7 of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjb7ac77 is amended by striking ,education and inserting ,health and ,human ,services4 7#b7 ,national activities ,section #f7;d77#d7 of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjje7;d77#d77 is amended by striking ,education and inserting ,health and ,human ,services4 7#c7 ,general administration ,section #g of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjf7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking the ,assistant ,secretary and all that follows through ,rehabilitation ,services ,administration1 and inserting the ,administrator of the ,administration for ,community ,living2 7ii7 in paragraph 7#b71 by striking ,the ,assistant ,secretary and all that follows and inserting ,the ,administrator of the ,administration for ,community ,living shall consult with the ,office of ,special ,education ,programs of the ,department of ,education1 the ,rehabilitation ,services ,administration of the ,department of ,education1 the ,office of ,disability ,employment ,policy of the ,department of ,labor1 the ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research1 and other appropriate ,federal entities in the administration of this ,act42 and 7iii7 in paragraph 7#c71 by striking the ,rehabilitation ,services ,administration and inserting the ,administrator of the ,administration for ,community ,living2 and 7,b7 in subsection 7c77#e71 by striking ,education and inserting ,health and ,human ,services4 #dib4 ,table of contents ,the table of contents in section #a7;b7 is amended-- 7#a7 by striking the item relating to section #aji and inserting the following3 ,sec4 #aji4 ,training and services for employers4 2 7#b7 by inserting after the item relating to section #aab the following3 ,sec4 #aac4 ,provision of pre-employment transition services4 2 7#c7 by striking the item relating to section #bjb and inserting the following3 ,sec4 #bjb4 ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research4 2 7#d7 by striking the item relating to section #bje and inserting the following3 ,sec4 #bje4 ,disability1 ,independent ,living1 and ,rehabilitation ,research ,advisory ,council4,sec4 #bjf4 ,definition of covered school4 2 7#e7 by striking the items relating to sections #cjd1 #cje1 and #cjf and inserting the following3 ,sec4 #cjd4 ,measuring of project outcomes and performance4 4 7#f7 by inserting after the item relating to section #eji the following3 ,sec4 #eaa4 ,limitations on use of subminimum wage4 2 7#g7 by striking the items relating to title ,,vi and inserting the following3 ,,title ,,vi--,,employment ,,opportunities ,,for ,,individuals ,,with ,,disabilities ,sec4 #fja4 ,short title4,sec4 #fjb4 ,purpose4 ,sec4 #fjc4 ,allotments4,sec4 #fjd4 ,availability of services4,sec4 #fje4 ,eligibility4,sec4 #fjf4 ,state plan4,sec4 #fjg4 ,restriction4,sec4 #fjh4 ,savings provision4,sec4 #fji4 ,advisory ,committee on ,increasing ,competitive ,integrated ,employment for ,individuals with ,disabilities4,sec4 #faj4 ,authorization of appropriations4 2 and 7#h7 in the items relating to title ,,vii-- 7,a7 7i7 by inserting after the item relating to section #gja the following3 ,sec4 #gja;,a4 ,administration of the independent living program4 2 and 7ii7 by striking the item relating to section #gjf and inserting the following3 ,sec4 #gjf4 ,responsibilities of the ,administrator4 2 7,b7 by inserting after the item relating to section #gaa the following3 ,sec4 #gaa;,a4 ,training and technical assistance4 2 and 7,c7 by inserting after the item relating to section #gea the following3 ,sec4 #gea;,a4 ,training and technical assistance4 4 ,v ,general provisions ,a ,workforce investment #eja4 ,privacy 7a7 ,section #ddd of the ,general ,education ,provisions ,act ,nothing in this ,act 7including the amendments made by this ,act7 shall be construed to supersede the privacy protections afforded parents and students under section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7b7 ,prohibition on ,development of ,national ,database 7#a7 ,in general ,nothing in this ,act 7including the amendments made by this ,act7 shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under title ,i or under the amendments made by title ,,iv4 7#b7 ,limitation ,nothing in paragraph 7#a7 shall be construed to prevent the proper administration of national programs under subtitles ,c and ,d of title ,i1 or the amendments made by title ,,iv 7as the case may be71 or to carry out program management activities consistent with title ,i or the amendments made by title ,,iv 7as the case may be74 #ejb4 ,buy-,american requirements 7a7 ,compliance with buy american act ,none of the funds made available under title ,i or ,,ii or under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections #hcja through #hcjc of title #da1 ,united ,states ,code 7commonly known as the ,buy ,american ,act74 7b7 ,sense of congress2 requirement regarding notice 7#a7 ,purchase of american-made equipment and products ,in the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under title ,i or ,,ii or under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 it is the sense of ,congress that entities receiving the assistance should1 in expending the assistance1 purchase only ,american-made equipment and products4 7#b7 ,notice to recipients of assistance ,in providing financial assistance using funds made available under title ,i or ,,ii or under the ,wagner-,peyser ,act1 the head of each ,federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph 7#a7 by ,congress4 7c7 ,prohibition of contracts with persons falsely labeling products as made in america ,if it has been finally determined by a court or ,federal agency that any person intentionally affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any product sold in or shipped to the ,united ,states that is not made in the ,united ,states1 the person shall be ineligible to receive any contract or subcontract made with funds made available under title ,i or ,,ii or under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 pursuant to the debarment1 suspension1 and ineligibility procedures described in sections #i4djj through #i4dji of title #dh1 ,code of ,federal ,regulations1 as such sections were in effect on ,august #g1 #aiih1 or pursuant to any successor regulations4 #ejc4 ,transition provisions 7a7 ,workforce development systems and investment activities ,the ,secretary of ,labor and the ,secretary of ,education shall take such actions as the ,secretaries determine to be appropriate to provide for the orderly transition from any authority under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 to any authority under subtitle ,a of title ,i4 ,such actions shall include the provision of guidance related to unified ,state planning1 combined ,state planning1 and the performance accountability system described in such subtitle4 7b7 ,workforce investment activities ,the ,secretary of ,labor shall take such actions as the ,secretary determines to be appropriate to provide for the orderly transition from any authority under the ,workforce ,investment ,act of #aiih to any authority under subtitles ,b through ,e of title ,i4 7c7 ,adult education and literacy programs ,the ,secretary of ,education shall take such actions as the ,secretary determines to be appropriate to provide for the orderly transition from any authority under the ,adult ,education and ,family ,literacy ,act 7#bj ,u4,s4,c4 #ibja et seq471 as in effect on the day before the date of enactment of this ,act1 to any authority under the ,adult ,education and ,family ,literacy ,act1 as amended by this ,act4 7d7 ,employment services activities ,the ,secretary of ,labor shall take such actions as the ,secretary determines to be appropriate to provide for the orderly transition from any authority under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 as in effect on the day before the date of enactment of this ,act1 to any authority under the ,wagner-,peyser ,act1 as amended by this ,act4 7e7 ,vocational rehabilitation programs ,the ,secretary of ,education and the ,secretary of ,health and ,human ,services shall take such actions as the ,secretaries determine to be appropriate to provide for the orderly transition from any authority under the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 as in effect on the day before the date of enactment of this ,act1 to any authority under the ,rehabilitation ,act of #aigc1 as amended by this ,act4 7f7 ,regulations 7#a7 ,proposed regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,labor1 the ,secretary of ,education1 and the ,secretary of ,health and ,human ,services1 as appropriate1 shall develop and publish in the ,federal ,register proposed regulations relating to the transition to1 and implementation of1 this ,act 7including the amendments made by this ,act74 7#b7 ,final regulations ,not later than #ah months after the date of enactment of this ,act1 the ,secretaries described in paragraph 7#a71 as appropriate1 shall develop and publish in the ,federal ,register final regulations relating to the transition to1 and implementation of1 this ,act 7including the amendments made by this ,act74 7g7 ,expenditure of funds during transition 7#a7 ,in general ,subject to paragraph 7#b7 and in accordance with regulations developed under subsection 7f71 ,states1 grant recipients1 administrative entities1 and other recipients of financial assistance under the ,workforce ,investment ,act of #aiih may expend funds received under such ,act in order to plan and implement programs and activities authorized under this ,act4 7#b7 ,additional requirements ,not more than #b percent of any allotment to any ,state from amounts appropriated under the ,workforce ,investment ,act of #aiih for fiscal year #bjad may be made available to carry out activities authorized under paragraph 7#a7 and not less than #ej percent of any amount used to carry out activities authorized under paragraph 7#a7 shall be made available to local entities for the purposes of the activities described in such paragraph4 #ejd4 ,reduction of reporting burdens and requirements ,in order to simplify reporting requirements and reduce reporting burdens1 the ,secretary of ,labor1 the ,secretary of ,education1 and the ,secretary of ,health and ,human ,services shall establish procedures and criteria under which a ,state board and local board may reduce reporting burdens and requirements under this ,act 7including the amendments made by this ,act74 #eje4 ,report on data capability of ,federal and ,state databases and data exchange agreements 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall prepare and submit an interim report and a final report to ,congress regarding existing ,federal and ,state databases and data exchange agreements1 as of the date of the report1 that contain job training information relevant to the administration of programs authorized under this ,act and the amendments made by this ,act4 7b7 ,requirements ,the report required under subsection 7a7 shall-- 7#a7 list existing ,federal and ,state databases and data exchange agreements described in subsection 7a7 and1 for each1 describe-- 7,a7 the purposes of the database or agreement2 7,b7 the data elements1 such as wage and employment outcomes1 contained in the database or accessible under the agreement2 7,c7 the data elements described in subparagraph 7,b7 that are shared between ,states2 7,d7 the ,federal and ,state workforce training programs from which each ,federal and ,state database derives the data elements described in subparagraph 7,b72 7,e7 the number and type of ,federal and ,state agencies having access to such data2 7,f7 the number and type of private research organizations having access to1 through grants1 contracts1 or other agreements1 such data2 and 7,g7 whether the database or data exchange agreement provides for opt-out procedures for individuals whose data is shared through the database or data exchange agreement2 7#b7 study the effects that access by ,state workforce agencies and the ,secretary of ,labor to the databases and data exchange agreements described in subsection 7a7 would have on efforts to carry out this ,act and the amendments made by this ,act1 and on individual privacy2 7#c7 explore opportunities to enhance the quality1 reliability1 and reporting frequency of the data included in such databases and data exchange agreements2 7#d7 describe1 for each database or data exchange agreement considered by the study described in subsection 7a71 the number of individuals whose data is contained in each database or accessible through the data agreement1 and the specific data elements contained in each that could be used to personally identify an individual2 7#e7 include the number of data breaches having occurred since #bjjd to data systems administered by ,federal and ,state agencies2 7#f7 include the number of data breaches regarding any type of personal data having occurred since #bjjd to private research organizations with whom ,federal and ,state agencies contract for studies2 and 7#g7 include a survey of the security protocols used for protecting personal data1 including best practices shared amongst ,states for access to1 and administration of1 data elements stored and recommendations for improving security protocols for the safe warehousing of data elements4 7c7 ,timing of reports 7#a7 ,interim report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall prepare and submit to ,congress an interim report regarding the initial findings of the report required under this section4 7#b7 ,final report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall prepare and submit to ,congress the final report required under this section4 #ejf4 ,effective dates 7a7 ,in general ,except as otherwise provided in this ,act1 this ,act1 including the amendments made by this ,act1 shall take effect on the first day of the first full program year after the date of enactment of this ,act4 7b7 ,application date for workforce development performance accountability system 7#a7 ,in general ,section #acf of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhga71 as in effect on the day before the date of enactment of this ,act1 shall apply in lieu of section #aaf of this ,act1 for the first full program year after the date of enactment of this ,act4 7#b7 ,special provisions ,for purposes of the application described in paragraph 7#a7-- 7,a7 except as otherwise specified1 a reference in section #acf of the ,workforce ,investment ,act of #aiih to a provision in such ,act 7#bi ,u4,s4,c4 #bhja et seq471 other than to a provision in such section or section #aab of such ,act1 shall be deemed to refer to the corresponding provision of this ,act2 7,b7 the terms local area1 local board1 one-stop partner1 and ,state board have the meanings given the terms in section #c of this ,act2 7,c7 except as provided in subparagraph 7,b71 terms used in such section #acf shall have the meanings given the terms in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja72 7,d7 any agreement negotiated and reached under section #acf7;c77#b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhga7;c77#b77 shall remain in effect1 until a new agreement is so negotiated and reached1 for that first full program year2 7,e7 if a ,state or local area fails to meet levels of performance under subsection 7g7 or 7h71 respectively1 of section #acf of the ,workforce ,investment ,act of #aiih during that first full program year1 the sanctions provided under such subsection shall apply during the second full program year after the date of enactment of this ,act2 and 7,f7 the ,secretary shall use an amount retained1 as a result of a reduction in an allotment to a ,state made under section #acf7;g77#a77;,b7 of such ,act 7#bi ,u4,s4,c4 #bhga7;g77#a77;,b771 to provide technical assistance as described in subsections 7f77#a7 and 7g77#a7 of section #aaf of this ,act1 in lieu of incentive grants under section #ejc of the ,workforce ,investment ,act of #aiih 7#bj ,u4,s4,c4 #ibgc7 as provided in section #acf7;g77#b7 of such ,act 7#bi ,u4,s4,c4 #bhga7;g77#b774 7c7 ,application date for ,state and local plan provisions 7#a7 ,implementation ,sections #aab and #aah of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb1 #bhcc71 as in effect on the day before the date of enactment of this ,act1 shall apply to implementation of ,state and local plans1 in lieu of sections #ajb and #ajc1 and section #ajh1 respectively1 of this ,act1 for the first full program year after the date of enactment of this ,act4 7#b7 ,special provisions ,for purposes of the application described in paragraph 7#a7-- 7,a7 except as otherwise specified1 a reference in section #aab or #aah of the ,workforce ,investment ,act of #aiih to a provision in such ,act 7#bi ,u4,s4,c4 #bhja et seq471 other than to a provision in or to either such section or to section #acf of such ,act1 shall be deemed to refer to the corresponding provision of this ,act2 7,b7 the terms local area1 local board1 one-stop partner1 and,state board have the meanings given the terms in section #c of this ,act2 7,c7 except as provided in subparagraph 7,b71 terms used in such section #aab or #aah shall have the meanings given the terms in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja72 and 7,d7 section #aab7;b77#ah77;,d7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb7;b77#ah77;,d77 shall not apply4 7#c7 ,submission ,sections #ajb1 #ajc1 and #ajh of this ,act shall apply to plans for the second full program year after the date of enactment1 including the development1 submission1 and approval of such plans during the first full program year after such date4 7d7 ,disability provisions ,except as otherwise provided in title ,,iv of this ,act1 title ,,iv1 and the amendments made by title ,,iv1 shall take effect on the date of enactment of this ,act4 ,b ,amendments to other laws #eaa4 ,repeal of the ,workforce ,investment ,act of #aiih 7a7 ,workforce ,investment ,act of #aiih ,the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 is repealed4 7b7 ,grants to ,states for workplace and community transition training for incarcerated individuals ,section #hba of the ,higher ,education ,amendments of #aiih 7#bj ,u4,s4,c4 #aaea7 is repealed4 #eab4 ,conforming amendments 7a7 ,american ,competitiveness and ,workforce ,improvement ,act of #aiih ,section #dad7;c77#c77;,c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #biaf;a7#c77;,c77 is amended by striking entities involved in administering the workforce investment system established under title ,i of the ,workforce ,investment ,act of #aiih and inserting entities involved in administering the workforce development system1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act4 7b7 ,assistive ,technology ,act of #aiih ,the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjja et seq47 is amended as follows3 7#a7 ,section #c7a77;,c7 of such ,act 7#bi ,u4,s4,c4 #cjjb7a77;,c77 is amended by striking such as a one-stop partner1 as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja7 and inserting such as a one-stop partner1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #d of such ,act 7#bi ,u4,s4,c4 #cjjc7 is amended-- 7,a7 in subsection 7c77#b77;,b77i77,,iv71 by striking a representative of the ,state workforce investment board established under section #aaa of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhba7 and inserting a representative of the ,state workforce development board established under section #aja of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7e7-- 7i7 in paragraph 7#b77;,d77i71 by striking such as one-stop partners1 as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja71 and inserting such as one-stop partners1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act12 and 7ii7 in paragraph 7#c77;,b77ii77,i77aa71 by striking with entities in the statewide and local workforce investment systems established under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 and inserting with entities in the statewide and local workforce development systems established under the ,workforce ,innovation and ,opportunity ,act14 7c7 ,alaska ,natural ,gas ,pipeline ,act ,section #aac7;a77#b7 of the ,alaska ,natural ,gas ,pipeline ,act 7#ae ,u4,s4,c4 #gbjk7a77#b77 is amended by striking consistent with the vision and goals set forth in the ,state of ,alaska ,unified ,plan1 as developed pursuant to the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting consistent with the vision and goals set forth in the ,state of ,alaska unified plan or combined plan1 as appropriate1 as developed pursuant to section #ajb or #ajc1 as appropriate1 of the ,workforce ,innovation and ,opportunity ,act4 7d7 ,atomic ,energy ,defense ,act ,section #dfjd7;c77#f77;,a7 of the ,atomic ,energy ,defense ,act 7#ej ,u4,s4,c4 #bgjd7;c77#f77;,a77 is amended by striking programs carried out by the ,secretary of ,labor under the ,job ,training ,partnership ,act or title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting programs carried out by the ,secretary of ,labor under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7e7 ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf ,the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 is amended as follows3 7#a7 ,section #aah7;d77#b7 of such ,act 7#bj ,u4,s4,c4 #bcbh7;d77#b77 is amended-- 7,a7 in the paragraph heading1 by striking ,public law #aje-bbj and inserting ,workforce ,innovation and ,opportunity ,act2 and 7,b7 by striking functions and activities carried out under ,public ,law #aje-bbj and inserting functions and activities carried out under the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #aba7;a77#d7 of such ,act 7#bj ,u4,s4,c4 #bcda7;a77#d77 is amended-- 7,a7 in subparagraph 7,a71 by striking activities undertaken by the ,state boards under section #aaa of ,public ,law #aje-bbj and inserting activities undertaken by the ,state boards under section #aja of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subparagraph 7,b71 by striking the service delivery system under section #aba of ,public ,law #aje-bbj and inserting the one-stop delivery system under section #aba of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #abb of such ,act 7#bj ,u4,s4,c4 #bcdb7 is amended-- 7,a7 in subsection 7b77#a77;,a77viii71 by striking entities participating in activities described in section #aaa of ,public ,law #aje-bbj and inserting entities participating in activities described in section #aja of the ,workforce ,innovation and ,opportunity ,act2 7,b7 in subsection 7c77#bj71 by striking the description and information specified in sections #aab7;b77#h7 and #aba7;c7 of ,public ,law #aje-bbj concerning the provision of services only for postsecondary students and school dropouts and inserting the description and information specified in subparagraphs 7,b7 and 7,c77iii7 of section #ajb7;b77#b71 and1 as appropriate1 section #ajc7;b77#c77;,a71 and section #aba7;c71 of the ,workforce ,innovation and ,opportunity ,act concerning the provision of services only for postsecondary students and school dropouts2 and 7,c7 in subsection 7d77#b7-- 7i7 in the paragraph heading1 by striking #eja plan and inserting combined plan2 and 7ii7 by striking as part of the plan submitted under section #eja of ,public ,law #aje-bbj and inserting as part of the plan submitted under section #ajc of the ,workforce ,innovation and ,opportunity ,act4 7#d7 ,section #abd7;c77#ac7 of such ,act 7#bj ,u4,s4,c4 #bcdd7;c77#ac77 is amended by striking such as through referral to the system established under section #aba of ,public ,law #aje-bbj and inserting such as through referral to the system established under section #aba of the ,workforce ,innovation and ,opportunity ,act4 7#e7 ,section #acd7;b77#e7 of such ,act 7#bj ,u4,s4,c4 #bced7;b77#e77 is amended by striking entities participating in activities described in section #aag of ,public ,law #aje-bbj 7if applicable7 and inserting entities participating in activities described in section #ajg of the ,workforce ,innovation and ,opportunity ,act 7if applicable74 7#f7 ,section #ace7;c77#af7 of such ,act 7#bj ,u4,s4,c4 #bcee7;c77#af77 is amended by striking such as through referral to the system established under section #aba of ,public ,law #aje-bbj 7#bi ,u4,s4,c4 #bhja et seq47 and inserting such as through referral to the system established under section #aba of the ,workforce ,innovation and ,opportunity ,act4 7#g7 ,section #cba7;b77#a7 of such ,act 7#bj ,u4,s4,c4 #bdaa7;b77#a77 is amended by striking ,chapters #d and #e of subtitle ,b of title ,i of ,public ,law #aje-bbj and inserting ,chapters #b and #c of subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act4 7f7 ,community ,services ,block ,grant ,act ,section #fgf7;b77#e7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijh7;b77#e77 is amended by striking the eligible entities will coordinate the provision of employment and training activities1 as defined in section #aja of such ,act1 in the ,state and in communities with entities providing activities through statewide and local workforce investment systems under the ,workforce ,investment ,act of #aiih and inserting the eligible entities will coordinate the provision of employment and training activities1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act1 in the ,state and in communities with entities providing activities through statewide and local workforce development systems under such ,act4 7g7 ,compact of ,free ,association ,amendments ,act of #bjjc ,the ,compact of ,free ,association ,amendments ,act of #bjjc 7#dh ,u4,s4,c4 #aiba et seq47 is amended as follows3 7#a7 ,section #aje7;f77#a77;,b77iii7 of such ,act 7#dh ,u4,s4,c4 #aiba;d7f77#a77;,b77iii77 is amended by striking title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 other than subtitle ,c of that ,act 7#bi ,u4,s4,c4 #bhha et seq47 7,job ,corps71 title ,,ii of the ,workforce ,investment ,act of #aiih 7#bj ,u4,s4,c4 #ibja et seq42 commonly known as the ,adult ,education and ,family ,literacy ,act71 and inserting titles ,i 7other than subtitle ,c7 and ,,ii of the ,workforce ,innovation and ,opportunity ,act14 7#b7 ,section #ajh7;a7 of such ,act 7#dh ,u4,s4,c4 #aiba;g7a77 is amended by striking subtitle ,c of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhha et seq42 relating to ,job ,corps7 and inserting subtitle ,c of title ,i of the ,workforce ,innovation and ,opportunity ,act 7relating to ,job ,corps74 7h7 ,domestic ,volunteer ,service ,act of #aigc ,section #ajc7;d7 of the ,domestic ,volunteer ,service ,act of #aigc 7#db ,u4,s4,c4 #diec7;d77 is amended by striking employment4 and all that follows and inserting the following3 employment4 ,whenever feasible1 such efforts shall be coordinated with an appropriate local workforce development board established under section #ajg of the ,workforce ,innovation and ,opportunity ,act4 4 7i7 ,elementary and ,secondary ,education ,act of #aife ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended as follows3 7#a7 ,section #abjc7;c77#b77;,a7 of such ,act 7#bj ,u4,s4,c4 #fcfc7;c77#b77;,a77 is amended-- 7,a7 by striking 1 in consultation with the ,national ,institute for ,literacy12 and 7,b7 by striking clause 7ii72 and 7,c7 by redesignating clauses 7iii7 and 7iv7 as clauses 7ii7 and 7iii71 respectively4 7#b7 ,section #abce7i77;,b7 of such ,act 7#bj ,u4,s4,c4 #fcha;d7#i77;,b77 is amended by striking any relevant programs under the ,adult ,education and ,family ,literacy ,act1 the ,individuals with ,disabilities ,education ,act1 and title ,i of the ,workforce ,investment ,act of #aiih and inserting any relevant programs under the ,adult ,education and ,family ,literacy ,act1 the ,individuals with ,disabilities ,education ,act1 and title ,i of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #adbc7i7 of such ,act 7#bj ,u4,s4,c4 #fdec7i77 is amended by striking a description of how the program under this subpart will be coordinated with other ,federal1 ,state1 and local programs1 such as programs under title ,i of ,public ,law #aje-bbj and inserting a description of how the program under this subpart will be coordinated with other ,federal1 ,state1 and local programs1 such as programs under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7#d7 ,section #adbe7i7 of such ,act 7#bj ,u4,s4,c4 #fdee7i77 is amended by striking coordinate funds received under this subpart with other local1 ,state1 and ,federal funds available to provide services to participating children and youth1 such as funds made available under title ,i of ,public ,law #aje-bbj1 and inserting coordinate funds received under this subpart with other local1 ,state1 and ,federal funds available to provide services to participating children and youth1 such as funds made available under title ,i of the ,workforce ,innovation and ,opportunity ,act14 7#e7 ,section #gbjb7ac77;,h7 of such ,act 7#bj ,u4,s4,c4 #geab7ac77;,h77 is amended by striking the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting the ,workforce ,innovation and ,opportunity ,act4 7j7 ,environmental ,programs ,assistance ,act of #aihd ,section #b7;a7 of the ,environmental ,programs ,assistance ,act of #aihd 7#db ,u4,s4,c4 #dcfh;a7a77 is amended by striking ,funding for such grants or agreements may be made available from such programs or through title ,v of the ,older ,americans ,act of #aife and subtitle ,d of title ,i of the ,workforce ,investment ,act of #aiih and inserting ,funding for such grants or agreements may be made available from such programs or through title ,v of the ,older ,americans ,act of #aife and subtitle ,d of title ,i of the ,workforce ,innovation and ,opportunity ,act4 7k7 ,energy ,conservation and ,production ,act ,section #dad7;b77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfd7;b77#c77 is amended by striking securing1 to the maximum extent practicable1 the services of volunteers and training participants and public service employment workers1 pursuant to title ,i of the ,workforce ,investment ,act of #aiih and inserting securing1 to the maximum extent practicable1 the services of volunteers and training participants and public service employment workers1 pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act4 7l7 ,food and ,nutrition ,act of #bjjh ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended as follows3 7#a7 ,section #e7l7 of such ,act 7#g ,u4,s4,c4 #bjad7l77 is amended by striking ,notwithstanding section #aha7;a77#b7 of the ,workforce ,investment ,act of #aiih1 earnings to individuals participating in on-the-job-training under title ,i of the ,workforce ,investment ,act of #aiih and inserting ,notwithstanding section #aha7;a77#b7 of the ,workforce ,innovation and ,opportunity ,act1 earnings to individuals participating in on-the-job training under title ,i of such ,act4 7#b7 ,section #f of such ,act 7#g ,u4,s4,c4 #bjae7 is amended-- 7,a7 in subsection 7d77#d77,m71 by striking activities under title ,i of the ,workforce ,investment ,act of #aiih and inserting activities under title ,i of the ,workforce ,innovation and ,opportunity ,act2 7,b7 in subsection 7e77#c77;,a71 by striking a program under title ,i of the ,workforce ,investment ,act of #aiih and inserting a program under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,c7 in subsection 7o77#a77;,a71 by striking a program under the title ,i of the ,workforce ,investment ,act of #aiih and inserting a program under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #ag7;b77#b7 of such ,act 7#g ,u4,s4,c4 #bjbf7;b77#b77 is amended by striking a program carried out under title ,i of the ,workforce ,investment ,act of #aiih and inserting a program carried out under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7m7 ,full ,employment and ,balanced ,growth ,act of #aigh ,section #bjf of the ,full ,employment and ,balanced ,growth ,act of #aigh 7#ae ,u4,s4,c4 #caaf7 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking the ,secretary of ,labor shall1 as appropriate1 fully utilize the authority provided under the ,job ,training ,partnership ,act and title ,i of the ,workforce ,investment ,act of #aiih and inserting the ,secretary of ,labor shall1 as appropriate1 fully utilize the authority provided under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7#b7 in subsection 7c77#a71 by striking the ,president shall1 as may be authorized by law1 establish reservoirs of public employment and private nonprofit employment projects1 to be approved by the ,secretary of ,labor1 through expansion of title ,i of the ,workforce ,investment ,act of #aiih and inserting the ,president shall1 as may be authorized by law1 establish reservoirs of public employment and private nonprofit employment projects1 to be approved by the ,secretary of ,labor1 through expansion of activities under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7n7 ,higher ,education ,act of #aife ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended as follows3 7#a7 ,section #dah;,a of such ,act 7#bj ,u4,s4,c4 #ajgj;d-#b7 is amended-- 7,a7 in subsection 7b77#a77;,b77ii71 by striking section #afg of the ,workforce ,investment ,act of #aiih and inserting section #afg of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7c77#a77;,a71 by striking section #afg of the ,workforce ,investment ,act of #aiih and inserting section #afg of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #dgi7;d77#a7 of such ,act 7#bj ,u4,s4,c4 #ajhgss7d77#a77 is amended by striking ,the term dislocated worker has the meaning given the term in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja7 and inserting ,the term dislocated worker has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #dgi;,a7a7 of such ,act 7#bj ,u4,s4,c4 #ajhgtt7a77 is amended by striking a dislocated worker 7as defined in section #aja of the ,workforce ,investment ,act of #aiih7 and inserting a dislocated worker 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act74 7#d7 ,section #dhj7;b77#a77;,i7 of such ,act 7#bj ,u4,s4,c4 #ajhgvv7b77#a77;,i77 is amended by striking benefits received through participation in employment and training activities under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting benefits received through participation in employment and training activities under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7#e7 ,section #hjc of such ,act 7#bj ,u4,s4,c4 #aafa;c7 is amended-- 7,a7 in subsection 7i77#a71 by striking for changes to this ,act and related ,acts1 such as the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf and the ,workforce ,investment ,act of #aiih 7including titles ,i and ,,ii71 to help create and sustain business and industry workforce partnerships at institutions of higher education and inserting for changes to this ,act and related ,acts1 such as the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf and the ,workforce ,innovation and ,opportunity ,act 7including titles ,i and ,,ii71 to help create and sustain business and industry workforce partnerships at institutions of higher education2 and 7,b7 in subsection 7j77#a7-- 7i7 in subparagraph 7,a77ii71 by striking local board 7as such term is defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting local board 7as such term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act72 and 7ii7 in subparagraph 7,b71 by striking a ,state board 7as such term is defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting a ,state board 7as such term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act74 7#f7 ,section #hfa7;c77#a77;,b7 of such ,act 7#bj ,u4,s4,c4 #aafaq7c77#a77;,b77 is amended by striking local boards 7as such term is defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting local boards 7as such term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act74 7#g7 ,section #hgb7;b77#b77;,e7 of such ,act 7#bj ,u4,s4,c4 #aafas7b77#b77;,e77 is amended by striking local boards 7as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting local boards 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act74 7o7 ,housing ,act of #aidi ,section #ejd7;c77#c7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgd7;c77#c77 is amended by striking an insufficient number of volunteers and training participants and public service employment workers1 assisted pursuant to title ,i of the ,workforce ,investment ,act of #aiih or the ,older ,american ,community ,service ,employment ,act1 and inserting an insufficient number of volunteers and training participants and public service employment workers1 assisted pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act or the ,community ,service ,senior ,opportunities ,act14 7p7 ,housing and ,urban ,development ,act of #aifh ,section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,b77iii71 by striking participants in ,youth,build programs receiving assistance under section #agc;,a of the ,workforce ,investment ,act of #aiih and inserting participants in ,youth,build programs receiving assistance under section #aga of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in paragraph 7#b77;,b71 by striking participants in ,youth,build programs receiving assistance under section #agc;,a of the ,workforce ,investment ,act of #aiih and inserting participants in ,youth,build programs receiving assistance under section #aga of the ,workforce ,innovation and ,opportunity ,act2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,b77iii71 by striking ,to ,youth,build programs receiving assistance under section #agc;,a of the ,workforce ,investment ,act of #aiih and inserting ,to ,youth,build programs receiving assistance under section #aga of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in paragraph 7#b77;,b71 by striking to ,youth,build programs receiving assistance under section #agc;,a of the ,workforce ,investment ,act of #aiih and inserting to ,youth,build programs receiving assistance under section #aga of the ,workforce ,innovation and ,opportunity ,act4 7q7 ,immigration and ,nationality ,act ,section #bde;,a7h77#d77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee;a7h77#d77;,f77 is amended by striking ,title ,i of the ,workforce ,investment ,act of #aiih and inserting ,title ,i of the ,workforce ,innovation and ,opportunity ,act4 7r7 ,internal ,revenue ,code of #aihf ,section #gebg7;e77#b7 of the ,internal ,revenue ,code of #aihf is amended by inserting 7as in effect on the day before the date of enactment of the ,workforce ,innovation and ,opportunity ,act7 after of #aiih4 7s7 ,mc,kinney-,vento ,homeless ,assistance ,act ,section #ajc7;c77#b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb7;c77#b77 is amended by striking a homeless individual shall be eligible for assistance under title ,i of the ,workforce ,investment ,act of #aiih and inserting a homeless individual shall be eligible for assistance under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7t7 ,museum and ,library ,services ,act ,the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iaja et seq47 is amended as follows3 7#a7 ,section #bjd7;f77#c7 of such ,act 7#bj ,u4,s4,c4 #iajc7;f77#c77 is amended by striking activities under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 7including activities under section #acd7;c7 of such ,act7 7#bi ,u4,s4,c4 #bhfd7;c77 and inserting activities under the ,workforce ,innovation and ,opportunity ,act 7including activities under section #aba7;e7 of such ,act774 7#b7 ,section #bbd7;b77#f77;,c7 of such ,act 7#bj ,u4,s4,c4 #iacd7;b77#f77;,c77 is amended-- 7,a7 in clause 7i71 by striking the activities carried out by the ,state workforce investment board under section #aaa7;d7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhba7;d77 and inserting the activities carried out by the ,state workforce development board under section #aja of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in clause 7ii71 by striking the ,state's one-stop delivery system established under section #acd7;c7 of such ,act 7#bi ,u4,s4,c4 #bhfd7;c77 and inserting the ,state's one-stop delivery system established under section #aba7;e7 of such ,act4 7u7 ,national and ,community ,service ,act of #aiij ,the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeja et seq47 is amended as follows3 7#a7 ,section #aab7;a77#c77;,b7 of such ,act 7#db ,u4,s4,c4 #abebc7;a77#c77;,b77 is amended by striking or who may participate in a ,youthbuild program under section #agc;,a of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biah;a7 and inserting or who may participate in a ,youthbuild program under section #aga of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #aii,l7a7 of such ,act 7#db ,u4,s4,c4 #abfeem7a77 is amended by striking coordinated with activities supported with assistance made available under programs administered by the heads of such agencies 7including title ,i of the ,workforce ,investment ,act of #aiih7 and inserting coordinated with activities supported with assistance made available under programs administered by the heads of such agencies 7including title ,i of the ,workforce ,innovation and ,opportunity ,act74 7v7 ,national ,energy ,conservation ,policy ,act ,section #bcc of the ,national ,energy ,conservation and ,policy ,act 7#db ,u4,s4,c4 #fhgc7 is amended1 in the matter preceding paragraph 7#a71 by striking a sufficient number of volunteers and training participants and public service employment workers1 assisted pursuant to title ,i of the ,workforce ,investment ,act of #aiih and the ,older ,american ,community ,service ,employment ,act and inserting a sufficient number of volunteers and training participants and public service employment workers1 assisted pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act and the ,community ,service ,senior ,opportunities ,act4 7w7 ,older ,americans ,act of #aife ,the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq47 is amended as follows3 7#a7 ,section #bjc of such ,act 7#db ,u4,s4,c4 #cjac7 is amended-- 7,a7 in subsection 7a77#b71 by striking ,in particular1 the ,secretary of ,labor shall consult and cooperate with the ,assistant ,secretary in carrying out title ,i of the ,workforce ,investment ,act of #aiih and inserting ,in particular1 the ,secretary of ,labor shall consult and cooperate with the ,assistant ,secretary in carrying out title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7b77#a71 by striking title ,i of the ,workforce ,investment ,act of #aiih and inserting title ,i of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #cba7;a77#ab7 of such ,act 7#db ,u4,s4,c4 #cjcj;d7a77#ab77 is amended by striking including programs carried out under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting including programs carried out under the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #ejb of such ,act 7#db ,u4,s4,c4 #cjef7 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,h71 by striking will coordinate activities with training and other services provided under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 including utilizing the one-stop delivery system of the local workforce investment areas involved and inserting will coordinate activities with training and other services provided under title ,i of the ,workforce ,innovation and ,opportunity ,act1 including utilizing the one-stop delivery system of the local workforce development areas involved2 7,,ii7 in subparagraph 7,o7-- 7aa7 by striking through the one-stop delivery system of the local workforce investment areas involved as established under section #acd7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;c771 and inserting through the one-stop delivery system of the local workforce development areas involved as established under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act12 and 7bb7 by striking and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section #aba7;c7 of such ,act 7#bi ,u4,s4,c4 #bhda7;c77 and inserting and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce development board in accordance with section #aba7;c7 of such ,act2 and 7,,iii7 in subparagraph 7,q7-- 7aa7 in clause 7i71 by striking paragraph 7#h71 relating to coordination with other ,federal programs1 of section #aab7;b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb7;b77 and inserting clauses 7ii7 and 7viii7 of paragraph 7#b77;,b71 relating to coordination with other ,federal programs1 of section #ajb7;b7 of the ,workforce ,innovation and ,opportunity ,act2 and 7bb7 in clause 7ii71 by striking paragraph 7#ad71 relating to implementation of one-stop delivery systems1 of section #aab7;b7 of the ,workforce ,investment ,act of #aiih and inserting paragraph 7#b77;,c77i71 relating to implementation of one-stop delivery systems1 of section #ajb7;b7 of the ,workforce ,innovation and ,opportunity ,act2 and 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by striking ,an assessment and service strategy required by paragraph 7#a77,n7 to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhaa et seq471 in order to determine whether such eligible individual also qualifies for intensive or training services described in section #acd7;d7 of such ,act 7#bi ,u4,s4,c4 #bhfd7;d774 and inserting ,an assessment and service strategy required by paragraph 7#a77,n7 to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act1 in order to determine whether such eligible individual also qualifies for career or training services described in section #acd7;c7 of such ,act42 and 7,,ii7 in subparagraph 7,b7-- 7aa7 in the subparagraph heading1 by striking workforce ,investment ,act of #aiih and inserting workforce ,innovation and ,opportunity ,act2 and 7bb7 by striking ,an assessment and service strategy or individual employment plan prepared under subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhaa et seq47 and inserting ,an assessment and service strategy or individual employment plan prepared under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7e77#b77;,b77ii71 by striking one-stop delivery systems established under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting one-stop delivery systems established under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act4 7#d7 ,section #ejc of such ,act 7#db ,u4,s4,c4 #cjef;a7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b77;,a71 by striking the ,state and local workforce investment boards established under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting the ,state and local workforce development boards established under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7ii7 in paragraph 7#d77;,f71 by striking plans for facilitating the coordination of activities of grantees in the ,state under this title with activities carried out in the ,state under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting plans for facilitating the coordination of activities of grantees in the ,state under this title with activities carried out in the ,state under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7b77#b77;,a71 by striking with the program carried out under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting with the program carried out under the ,workforce ,innovation and ,opportunity ,act4 7#e7 ,section #eje7;c77#a7 7#db ,u4,s4,c4 #cjef;c7c77#a77 of such ,act is amended by striking activities carried out under other ,acts1 especially activities provided under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 including activities provided through one-stop delivery systems established under section #acd7;c77 of such ,act 7#bi ,u4,s4,c4 #bhfd7;c771 and inserting activities carried out under other ,acts1 especially activities provided under the ,workforce ,innovation and ,opportunity ,act1 including activities provided through one-stop delivery systems established under section #aba7;e7 of such ,act1 4 7#f7 ,section #eaj of such ,act 7#db ,u4,s4,c4 #cjef;h7 is amended-- 7,a7 by striking by local workforce investment boards and one-stop operators established under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting by local workforce development boards and one-stop operators established under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 by striking such title ,i and inserting such title4 7#g7 ,section #eaa of such ,act 7#db ,u4,s4,c4 #cjef;i7 is amended-- 7,a7 in subsection 7a71 by striking ,grantees under this title shall be one-stop partners as described in subparagraphs 7,a7 and 7,b77vi7 of section #aba7;b77#a7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhda7;b77#a77 in the one-stop delivery system established under section #acd7;c7 of such ,act 7#bi ,u4,s4,c4 #bhfd7;c77 for the appropriate local workforce investment areas and inserting ,grantees under this title shall be one-stop partners as described in subparagraphs 7,a7 and 7,b77v7 of section #aba7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act in the one-stop delivery system established under section #aba7;e7 of such ,act for the appropriate local workforce development areas2 and 7,b7 in subsection 7b77#b71 by striking be signatories of the memorandum of understanding established under section #aba7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhda7;c77 and inserting be signatories of the memorandum of understanding established under section #aba7;c7 of the ,workforce ,innovation and ,opportunity ,act4 7#h7 ,section #eah7;b77#b77;,f7 of such ,act 7#db ,u4,s4,c4 #cjefp7b77#b77;,f77 is amended by striking has failed to find employment after utilizing services provided under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting has failed to find employment after utilizing services provided under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7x7 ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif ,section #djc7;c77#b77,k7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;c77#b77,k77 is amended by striking ,benefits under the title ,i of the ,workforce ,investment ,act of #aiih and inserting ,benefits under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7y7 ,patient ,protection and ,affordable ,care ,act ,section #eaja7;d77#c77;,d7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4 #bidq7d77#c77;,d77 is amended by striking other health care workforce programs1 including those supported through the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 and inserting other health care workforce programs1 including those supported through the ,workforce ,innovation and ,opportunity ,act14 7z7 ,public ,health ,service ,act ,the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq47 is amended as follows3 7#a7 ,section #cii,v7e7 of such ,act 7#db ,u4,s4,c4 #bhj;g-#aa7;e77 is amended by striking one-stop delivery systems under section #acd7;c7 of the ,workforce ,investment ,act of #aiih and inserting one-stop delivery systems under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #gea7;c77#a77;,a7 of such ,act 7#db ,u4,s4,c4 #bid;a7c77#a77;,a77 is amended by striking the applicable one-stop delivery system under section #acd7;c7 of the ,workforce ,investment ,act of #aiih1 and inserting the applicable one-stop delivery system under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act14 7#c7 ,section #gii;,b7#bc7 of such ,act 7#db ,u4,s4,c4 #biep7#bc77 is amended by striking one-stop delivery system described in section #acd7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;c77 and inserting one-stop delivery system described in section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act4 7aa7 ,runaway and ,homeless ,youth ,act ,section #cbb7;a77#g7 of the ,runaway and ,homeless ,youth ,act 7#db ,u4,s4,c4 #egad-b7;a77#g77 is amended by striking 7including services and programs for youth available under the ,workforce ,investment ,act of #aiih7 and inserting 7including services and programs for youth available under the ,workforce ,innovation and ,opportunity ,act74 7bb7 ,second ,chance ,act of #bjjg ,the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #ageja et seq47 is amended as follows3 7#a7 ,section #bab of such ,act 7#db ,u4,s4,c4 #agecb7 is amended-- 7,a7 in subsection 7c77#a77;,b71 by striking in coordination with the one-stop partners and one-stop operators 7as such terms are defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 that provide services at any center operated under a one-stop delivery system established under section #acd7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;c771 and inserting in coordination with the one-stop partners and one-stop operators 7as such terms are defined in section #c of the ,workforce ,innovation and ,opportunity ,act7 that provide services at any center operated under a one-stop delivery system established under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act12 and 7,b7 in subsection 7d77#a77;,b77iii71 by striking the local workforce investment boards established under section #aag of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhcb771 and inserting the local workforce development boards established under section #ajg of the ,workforce ,innovation and ,opportunity ,act14 7#b7 ,section #bca7;e7 of such ,act 7#db ,u4,s4,c4 #ageda7;e77 is amended by striking the one-stop partners and one-stop operators 7as such terms are defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 that provide services at any center operated under a one-stop delivery system established under section #acd7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;c77 and inserting the one-stop partners and one-stop operators 7as such terms are defined in section #c of the ,workforce ,innovation and ,opportunity ,act7 that provide services at any center operated under a one-stop delivery system established under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act4 7cc7 ,small ,business ,act ,section #g7;j77#ac77;,e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;j77#ac77;,e77 is amended by striking an institution eligible to provide skills training or upgrading under title ,i of the ,workforce ,investment ,act of #aiih and inserting an institution eligible to provide skills training or upgrading under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7dd7 ,social ,security ,act ,the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq47 is amended as follows3 7#a7 ,section #djc7;a77#e7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#e77 is amended-- 7,a7 in subparagraph 7,a77vii77,i71 by striking chief elected official 7as defined in section #aja of the ,workforce ,investment ,act of #aiih7 and inserting chief elected official 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act72 and 7,b7 in subparagraph 7,d77ii71 by striking local workforce investment board established for the service delivery area pursuant to title ,i of the ,workforce ,investment ,act of #aiih1 as appropriate and inserting local workforce development board established for the local workforce development area pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act1 as appropriate4 7#b7 ,section #aadh7;f77#a77;,b7 of such ,act 7#db ,u4,s4,c4 #acbj;b-#ai7;f77#a77;,b77 is amended by striking a one-stop delivery system established under subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhaa et seq47 and inserting a one-stop delivery system established under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #aadi7;a77#c7 of such ,act 7#db ,u4,s4,c4 #acbj;b-#bj7;a77#c77 is amended by striking a one-stop delivery system established under subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhaa et seq47 and inserting a one-stop delivery system established under section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act4 7#d7 ,section #bjjh7;a7 of such ,act 7#db ,u4,s4,c4 #acig;g7a77 is amended-- 7,a7 in paragraph 7#b77;,b71 by striking the ,state workforce investment board established under section #aaa of the ,workforce ,investment ,act of #aiih and inserting the ,state workforce development board established under section #aja of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in paragraph 7#d77;,a71 by striking a local workforce investment board established under section #aag of the ,workforce ,investment ,act of #aiih1 and inserting a local workforce development board established under section #ajg of the ,workforce ,innovation and ,opportunity ,act14 7ee7 ,title #ah of the ,united ,states ,code ,section #ffe of title #ah of the ,united ,states ,code is amended-- 7#a7 in subsection 7a71 by striking ,whoever1 being an officer1 director1 agent1 or employee of1 or connected in any capacity with any agency or organization receiving financial assistance or any funds under the ,job ,training ,partnership ,act or title ,i of the ,workforce ,investment ,act of #aiih and inserting ,whoever1 being an officer1 director1 agent1 or employee of1 or connected in any capacity with any agency or organization receiving financial assistance or any funds under title ,i of the ,workforce ,innovation and ,opportunity ,act or title ,i of the ,workforce ,investment ,act of #aiih2 7#b7 in subsection 7b71 by striking a contract of employment in connection with a financial assistance agreement or contract under the ,job ,training ,partnership ,act or title ,i of the ,workforce ,investment ,act of #aiih and inserting a contract of employment in connection with a financial assistance agreement or contract under title ,i of the ,workforce ,innovation and ,opportunity ,act or title ,i of the ,workforce ,investment ,act of #aiih2 and 7#c7 in subsection 7c71 by striking ,whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede1 an investigation or inquiry under the ,job ,training ,partnership ,act or title ,i of the ,workforce ,investment ,act of #aiih1 and inserting ,whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede1 an investigation or inquiry under title ,i of the ,workforce ,innovation and ,opportunity ,act or title ,i of the ,workforce ,investment ,act of #aiih14 7ff7 ,title #ca of the ,united ,states ,code ,section #fgjc7;a77#d7 of title #ca of the ,united ,states ,code is amended by striking ,programs under title ,i of the ,workforce ,investment ,act of #aiih4 and inserting ,programs under title ,i of the ,workforce ,innovation and ,opportunity ,act44 7gg7 ,title #ch of the ,united ,states ,code ,title #ch of the ,united ,states ,code is amended as follows3 7#a7 ,section #daja7i7 of title #ch of the ,united ,states ,code is amended by striking ,the term intensive services means local employment and training services of the type described in section #acd7;d77#c7 of the ,workforce ,investment ,act of #aiih and inserting ,the term career services means local employment and training services of the type described in section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,section #dajb;,a of title #ch of the ,united ,states ,code is amended-- 7,a7 in subsection 7d71 by striking participation of qualified veterans and eligible persons in employment and training opportunities under title ,i of the ,workforce ,investment ,act of #aiih and inserting participation of qualified veterans and eligible persons in employment and training opportunities under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7f77#b77;,a71 by striking be consistent with ,state performance measures applicable under section #acf7;b7 of the ,workforce ,investment ,act of #aiih and inserting be consistent with ,state performance accountability measures applicable under section #aaf7;b7 of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,section #dajd;,a of title #ch of the ,united ,states ,code is amended-- 7,a7 in subsection 7b77#a77;,b71 by striking the appropriate ,state boards and local boards 7as such terms are defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting the appropriate ,state boards and local boards 7as such terms are defined in section #c of the ,workforce ,innovation and ,opportunity ,act72 and 7,b7 in subsection 7c77#a77;,a71 by striking the appropriate ,state boards and local boards 7as such terms are defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting the appropriate ,state boards and local boards 7as such terms are defined in section #c of the ,workforce ,innovation and ,opportunity ,act74 7#d7 ,section #daaj;,b of title #ch of the ,united ,states ,code is amended by striking enter into an agreement with the ,secretary regarding the implementation of the ,workforce ,investment ,act of #aiih that includes the description and information described in paragraphs 7#h7 and 7#ad7 of section #aab7;b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb7;b77 and inserting enter into an agreement with the ,secretary regarding the implementation of the ,workforce ,innovation and ,opportunity ,act that includes the descriptions described in sections #ajb7;b77#b77;,b77ii7 and #ajc7;b77#c77;,a7 of the ,workforce ,innovation and ,opportunity ,act and a description of how the ,state board will carry out the activities described in section #aja7;d77#c77;,f7 of such ,act4 7#e7 ,section #dbac7;a77#d7 of title #ch of the ,united ,states ,code is amended by striking ,any employment or training program carried out under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and inserting ,any employment or training program carried out under title ,i of the ,workforce ,innovation and ,opportunity ,act4 7hh7 ,trade ,act of #aigd ,the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baja et seq47 is amended as follows3 7#a7 ,section #bba7;a7 of such ,act 7#ai ,u4,s4,c4 #bbga7 is amended-- 7,a7 in paragraph 7#a77;,c7-- 7i7 by striking 1 one-stop operators or one-stop partners 7as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 including ,state employment security agencies1 and inserting 1 one-stop operators or one-stop partners 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act7 including ,state employment security agencies12 and 7ii7 by striking or the ,state dislocated worker unit established under title ,i of such ,act1 and inserting or a ,state dislocated worker unit12 and 7,b7 in subsection 7a77#b77;,a71 by striking rapid response activities and appropriate core and intensive services 7as described in section #acd of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd77 authorized under other ,federal laws and inserting rapid response activities and appropriate career services 7as described in section #acd of the ,workforce ,innovation and ,opportunity ,act7 authorized under other ,federal laws4 7#b7 ,section #bbb7;d77#b77;,a77iv7 of such ,act 7#ai ,u4,s4,c4 #bbgb7;d77#b77;,a77iv77 is amended by striking one-stop operators or one-stop partners 7as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting one-stop operators or one-stop partners 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act74 7#c7 ,section #bcf7;a77#e7 of such ,act 7#ai ,u4,s4,c4 #bbif7;a77#e77 is amended-- 7,a7 in subparagraph 7,b71 by striking any training program provided by a ,state pursuant to title ,i of the ,workforce ,investment ,act of #aiih and inserting any training program provided by a ,state pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in the flush text following subparagraph 7,h71 by striking ,the ,secretary may not limit approval of a training program under paragraph 7#a7 to a program provided pursuant to title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq474 and inserting ,the ,secretary may not limit approval of a training program under paragraph 7#a7 to a program provided pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act44 7#d7 ,section #bci of such ,act 7#ai ,u4,s4,c4 #bcaa7 is amended-- 7,a7 in subsection 7f71 by striking ,any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services1 training1 and supplemental assistance under sections #bce and #bcf of this ,act and under title ,i of the ,workforce ,investment ,act of #aiih and inserting ,any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services1 training1 and supplemental assistance under sections #bce and #bcf of this ,act and under title ,i of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 in subsection 7h71 by striking the description and information described in paragraphs 7#h7 and 7#ad7 of section #aab7;b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb7;b77 and inserting the descriptions described in sections #ajb7;b77#b77;,b77ii7 and #ajc7;b77#c77;,a7 of the ,workforce ,innovation and ,opportunity ,act1 a description of how the ,state board will carry out the activities described in section #aja7;d77#c77;,f7 of such ,act14 7ii7 ,united ,states ,housing ,act of #aicg ,section #bc of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgu7 is amended-- 7#a7 in subsection 7b77#b77;,a71 by striking lack of supportive services accessible to eligible families1 which shall include insufficient availability of resources for programs under title ,i of the ,workforce ,investment ,act of #aiih and inserting lack of supportive services accessible to eligible families1 which shall include insufficient availability of resources for programs under title ,i of the ,workforce ,innovation and ,opportunity ,act2 7#b7 in subsection 7f77#b71 by striking the local agencies 7if any7 responsible for carrying out programs under title ,i of the ,workforce ,investment ,act of #aiih or the ,job ,opportunities and ,basic ,skills ,training ,program under part ,f of title ,,iv of the ,social ,security ,act1 and inserting the local agencies 7if any7 responsible for carrying out programs under title ,i of the ,workforce ,innovation and ,opportunity ,act or the ,job ,opportunities and ,basic ,skills ,training ,program under part ,f of title ,,iv of the ,social ,security ,act12 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#b71 by striking any local agencies responsible for programs under title ,i of the ,workforce ,investment ,act of #aiih or the ,job ,opportunities and ,basic ,skills ,training ,program under part ,f of title ,,iv of the ,social ,security ,act and inserting any local agencies responsible for programs under title ,i of the ,workforce ,innovation and ,opportunity ,act or the ,job ,opportunities and ,basic ,skills ,training ,program under part ,f of title ,,iv of the ,social ,security ,act2 and 7,b7 in paragraph 7#c77;,h71 by striking programs under title ,i of the ,workforce ,investment ,act of #aiih and any other relevant employment1 child care1 transportation1 training1 and education programs in the applicable area and inserting programs under title ,i of the ,workforce ,innovation and ,opportunity ,act and any other relevant employment1 child care1 transportation1 training1 and education programs in the applicable area4 7jj7 ,violent ,crime ,control and ,law ,enforcement ,act of #aiid ,section #caaac7;a77#d77;,c7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#db ,u4,s4,c4 #achbc7;a77#d77;,c77 is amended by striking job training programs authorized under title ,i of the ,workforce ,investment ,act of #aiih or the ,family ,support ,act of #aihh 7,public ,law #ajj-dhe7 and inserting job training programs authorized under title ,i of the ,workforce ,innovation and ,opportunity ,act or the ,family ,support ,act of #aihh 7,public ,law #ajj-dhe74 7kk7 ,worker ,adjustment and ,retraining ,notification ,act ,section #c7;a77#b7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajb7;a77#b77 is amended by striking the ,state or entity designated by the ,state to carry out rapid response activities under section #acd7;a77#b77;,a7 of the ,workforce ,investment ,act of #aiih1 and inserting the ,state or entity designated by the ,state to carry out rapid response activities under section #acd7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act14 #eac4 ,references 7a7 ,workforce ,investment ,act of #aiih references ,except as otherwise specified1 a reference in a ,federal law to a provision of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 shall be deemed to refer to the corresponding provision of this ,act4 7b7 ,wagner-,peyser ,act references ,except as otherwise specified1 a reference in a ,federal law to a provision of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 shall be deemed to refer to the corresponding provision of such ,act1 as amended by this ,act4 7c7 ,disability-related references ,except as otherwise specified1 a reference in a ,federal law to a provision of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 shall be deemed to refer to the corresponding provision of such ,act1 as amended by this ,act4 ,amend the title so as to read3 ,an ,act to amend the ,workforce ,investment ,act of #aiih to strengthen the ,united ,states workforce development system through innovation in1 and alignment and improvement of1 employment1 training1 and education programs in the ,united ,states1 and to promote individual and national economic growth1 and for other purposes44 ,secretary