Library / Laws / 113th / s / S. 1911 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 1911
IN THE SENATE OF THE UNITED STATES
January 9, 2014Mr. Scott (for himself, Mr. Burr, and Mr. Coburn) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
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 21st century, and for other purposes.
1.
Short title
This Act may be cited as the
SKILLS Act or the Supporting Knowledge and Investing in Lifelong Skills Act.
2.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. References.Sec. 4. Application to fiscal years.TITLE I—Amendments to the Workforce Investment Act of 1998Subtitle A—Workforce Investment DefinitionsSec. 101. Definitions.Subtitle B—Statewide and Local Workforce Investment SystemsSec. 102. Purpose.Sec. 103. State workforce investment boards.Sec. 104. State plan.Sec. 105. Local workforce investment areas.Sec. 106. Local workforce investment boards.Sec. 107. Local plan.Sec. 108. Establishment of one-stop delivery system.Sec. 109. Identification of eligible providers of training services.Sec. 110. General authorization.Sec. 111. State allotments.Sec. 112. Within State allocations.Sec. 113. Use of funds for employment and training activities.Sec. 114. Performance accountability system.Sec. 115. Authorization of appropriations.Subtitle C—Job CorpsSec. 116. Job Corps purposes.Sec. 117. Job Corps definitions.Sec. 118. Individuals eligible for the Job Corps.Sec. 119. Recruitment, screening, selection, and assignment of enrollees.Sec. 120. Job Corps centers.Sec. 121. Program activities.Sec. 122. Counseling and job placement.Sec. 123. Support.Sec. 124. Operations.Sec. 125. Community participation.Sec. 126. Workforce councils.Sec. 127. Technical assistance.Sec. 128. Special provisions.Sec. 129. Performance accountability management.Subtitle D—National ProgramsSec. 130. Technical assistance.Sec. 131. Evaluations.Subtitle E—AdministrationSec. 132. Requirements and restrictions.Sec. 133. Prompt allocation of funds.Sec. 134. Fiscal controls; sanctions.Sec. 135. Reports to Congress.Sec. 136. Administrative provisions.Sec. 137. State legislative authority.Sec. 138. General program requirements.Sec. 139. Federal agency staff and restrictions on political and lobbying activities.Subtitle F—State unified planSec. 140. State unified plan.TITLE II—Adult Education and Family Literacy EducationSec. 201. Amendment.TITLE III—Amendments to the Wagner-Peyser ActSec. 301. Amendments to the Wagner-Peyser Act.TITLE IV—Repeals and Conforming Amendments Sec. 401. Repeals.Sec. 402. Amendment to other laws.Sec. 403. Conforming amendment to table of contents.TITLE V—Amendments to the Rehabilitation Act of 1973Sec. 501. Findings.Sec. 502. Rehabilitation Services Administration.Sec. 503. Definitions.Sec. 504. Carryover.Sec. 505. Traditionally underserved populations.Sec. 506. State plan.Sec. 507. Scope of services.Sec. 508. Standards and indicators.Sec. 509. Expenditure of certain amounts.Sec. 510. Collaboration with industry.Sec. 511. Reservation for expanded transition services.Sec. 512. Client assistance program.Sec. 513. Research.Sec. 514. Title III amendments.Sec. 515. Repeal of title VI.Sec. 516. Title VII general provisions.Sec. 517. Authorizations of appropriations.Sec. 518. Conforming amendments.TITLE VI—Studies by the Comptroller GeneralSec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds.Sec. 602. Study by the Comptroller General on administrative cost savings.
3.
References
Except as otherwise expressly provided,
wherever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the amendment or
repeal shall be considered to be made to a section or other provision of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).
4.
Application
to fiscal years
Except as otherwise
provided, this Act and the amendments made by this Act shall apply with respect
to fiscal year 2015 and succeeding fiscal years.
I
Amendments to the Workforce Investment Act of 1998
A
Workforce Investment Definitions
101.
Definitions
Section 101 (29 U.S.C. 2801) is amended—
(1) by striking
paragraph (2) and inserting the following:
(2)
Adult education
and family literacy education activities
The term adult
education and family literacy education activities has the meaning given
the term in section
203.
;
(2) by striking
paragraphs (13) and (24);
(3) by redesignating
paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14)
through (23) as paragraphs (15) through (24), respectively;
(4) by striking
paragraphs (52) and (53);
(5) by inserting after
In this title: the following new paragraphs:
(1)
Accrued
expenditures
The term accrued expenditures
means—
(A) charges incurred
by recipients of funds under this title for a given period requiring the
provision of funds for goods or other tangible property received;
(B) charges incurred
for services performed by employees, contractors, subgrantees, subcontractors,
and other payees; and
(C) other amounts
becoming owed, under programs assisted under this title, for which no current
services or performance is required, such as amounts for annuities, insurance
claims, and other benefit payments.
(2)
Administrative
costs
The term administrative costs means
expenditures incurred by State boards and local boards, direct recipients
(including State grant recipients under subtitle B and recipients of awards
under subtitles C and D), local grant recipients, local fiscal agents or local
grant subrecipients, and one-stop operators in the performance of
administrative functions and in carrying out activities under this title that
are not related to the direct provision of workforce investment activities
(including services to participants and employers). Such costs include both
personnel and non-personnel expenditures and both direct and indirect
expenditures.
;
(6) in paragraph (3)
(as so redesignated), by striking Except in sections 127 and 132,
the and inserting The;
(7) by amending
paragraph (5) (as so redesignated) to read as follows:
(5)
Area career and
technical education school
The term area career and
technical education school has the meaning given the term in section
3(3) of the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C.
2302(3)).
;
(8) in paragraph (6)
(as so redesignated), by inserting (or such other level as the Governor
may establish) after 8th grade level;
(9) in paragraph
(10)(C) (as so redesignated), by striking not less than 50 percent of
the cost of the training and inserting a significant portion of
the cost of training, as determined by the local board involved (or, in the
case of an employer in multiple local areas in the State, as determined by the
Governor), taking into account the size of the employer and such other factors
as the local board or Governor, respectively, determines to be
appropriate;
(10) in paragraph (11)
(as so redesignated)—
(A) in subparagraph
(A)(ii)(II), by striking section 134(c) and inserting
section 121(e);
(B) in subparagraph
(B)(iii)—
(i) by
striking 134(d)(4) and inserting 134(c)(4);
and
(ii) by
striking intensive services described in section 134(d)(3) and
inserting work ready services described in section
134(c)(2);
(C) in subparagraph
(C), by striking or after the semicolon;
(D) in subparagraph
(D), by striking the period and inserting ; or; and
(E) by adding at the
end the following:
(E)
(i) is the spouse of a
member of the Armed Forces on active duty for a period of more than 30 days (as
defined in section
101(d)(2) of title 10, United States Code) who has experienced
a loss of employment as a direct result of relocation to accommodate a
permanent change in duty station of such member; or
(ii) is the spouse of a member of the
Armed Forces on active duty (as defined in section 101(d)(1) of title 10,
United States Code) who meets the criteria described in paragraph
(12)(B).
;
(11) in paragraph
(12)(A) (as redesignated)—
(A) by striking
and after the semicolon and inserting or;
(B) by striking
(A) and inserting (A)(i); and
(C) by adding at the
end the following:
(ii) is the spouse of a member of the
Armed Forces on active duty for a period of more than 30 days (as defined in
section
101(d)(2) of title 10, United States Code) whose family income
is significantly reduced because of a deployment (as defined in
section
991(b) of title 10, United States Code, or pursuant to
paragraph (4) of such section), a call or order to active duty pursuant to a
provision of law referred to in
section
101(a)(13)(B) of title 10, United States Code, a permanent
change of station, or the service-connected (as defined in
section
101(16) of title 38, United States Code) death or disability of
the member;
and
;
(12) in paragraph (13)
(as so redesignated), by inserting or regional after
local each place it appears;
(13) in paragraph (14)
(as so redesignated)—
(A) in subparagraph
(A), by striking section 122(e)(3) and inserting section
122;
(B) by striking
subparagraph (B), and inserting the following:
(B) work ready
services, means a provider who is identified or awarded a contract as described
in section 117(d)(5)(C); or
;
(C) by striking
subparagraph (C); and
(D) by redesignating
subparagraph (D) as subparagraph (C);
(14) in paragraph (15)
(as so redesignated), by striking adult or dislocated worker and
inserting individual;
(15) in paragraph
(20), by striking The and inserting Subject to section
116(a)(1)(E), the;
(16) in paragraph
(25)—
(A) in subparagraph
(B), by striking higher of— and all that follows through clause
(ii) and inserting poverty line for an equivalent
period;;
(B) by redesignating
subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;
and
(C) by inserting after
subparagraph (C) the following:
(D) receives or is
eligible to receive a free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.);
;
(17) in paragraph
(32), by striking the Republic of the Marshall Islands, the Federated
States of Micronesia,;
(18) by amending
paragraph (33) to read as follows:
(33)
Out-of-school
youth
The term
out-of-school youth means—
(A) an at-risk youth who is a school dropout;
or
(B) an at-risk youth
who has received a secondary school diploma or its recognized equivalent but is
basic skills deficient, unemployed, or
underemployed.
;
(19) in paragraph
(38), by striking 134(a)(1)(A) and inserting
134(a)(1)(B);
(20) in paragraph
(41), by striking , and the term means such Secretary for purposes of
section 503;
(21) in paragraph
(43), by striking clause (iii) or (v) of section 136(b)(3)(A)
and inserting section 136(b)(3)(A)(iii);
(22) by amending
paragraph (49) to read as follows:
(49)
Veteran
The
term veteran has the same meaning given the term in
section
2108(1) of title 5, United States
Code.
;
(23) by amending
paragraph (50) to read as follows:
(50)
Career and
technical education
The term career and technical
education has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
;
(24) in paragraph
(51), by striking , and a youth activity; and
(25) by adding at the
end the following:
(52)
At-risk
youth
Except as provided in
subtitle C, the term at-risk youth means an individual who—
(A) is not less than
age 16 and not more than age 24;
(B) is a low-income
individual; and
(C) is an individual
who is one or more of the following:
(i) A
secondary school dropout.
(ii) A
youth in foster care (including youth aging out of foster care).
(iii) A youth
offender.
(iv) A
youth who is an individual with a disability.
(v) A
migrant youth.
(53)
Industry or
sector partnership
The term
industry or sector partnership means a partnership of—
(A) a State board or local board; and
(B) one or more industry or sector
organizations, and other entities, that have the capability to help the State
board or local board determine the immediate and long-term skilled workforce
needs of in-demand industries or sectors and other occupations important to the
State or local economy, respectively.
(54)
Industry-recognized
credential
The term
industry-recognized credential means a credential that is sought
or accepted by companies within the industry sector involved, across multiple
States, as recognized, preferred, or required for recruitment, screening, or
hiring and is awarded for completion of a program listed or identified under
subsection (d) or (i) of section 122, for the local area involved.
(55)
Pay-for-performance
contract strategy
The term
pay-for-performance contract strategy means a strategy in which
a pay-for-performance contract to provide a program of employment and training
activities incorporates provisions regarding—
(A) the core indicators of performance
described in subclauses (I) through (IV) and (VI) of section
136(b)(2)(A)(i);
(B) a fixed amount that will be paid to an
eligible provider of such employment and training activities for each program
participant who, within a defined timetable, achieves the agreed-to levels of
performance based upon the core indicators of performance described in
subparagraph (A), and may include a bonus payment to such provider, which may
be used to expand the capacity of such provider;
(C) the ability for an eligible provider to
recoup the costs of providing the activities for a program participant who has
not achieved those levels, but for whom the provider is able to demonstrate
that such participant gained specific competencies required for education and
career advancement that are, where feasible, tied to industry-recognized
credentials and related standards, or State licensing requirements; and
(D) the ability for an eligible provider that
does not meet the requirements under section 122(a)(2) to participate in such
pay-for-performance contract and to not be required to report on the
performance and cost information required under section 122(d).
(56)
Recognized
postsecondary credential
The
term recognized postsecondary credential means a credential
awarded by a provider of training services or postsecondary educational
institution based on completion of all requirements for a program of study,
including coursework or tests or other performance evaluations. The term means
an industry-recognized credential, a certificate of completion of a registered
apprenticeship program, or an associate or baccalaureate degree from an
institution described in section 122(a)(2)(A)(i).
(57)
Registered
apprenticeship program
The
term registered apprenticeship program means a program described
in section
122(a)(2)(B).
.
B
Statewide and Local Workforce Investment Systems
102.
Purpose
Section 106 (29 U.S.C. 2811) is amended by
adding at the end the following: It is also the purpose of this subtitle
to provide workforce investment activities in a manner that enhances employer
engagement, promotes customer choices in the selection of training services,
and ensures accountability in the use of taxpayer funds..
103.
State workforce
investment boards
Section 111
(29 U.S.C.
2821) is amended—
(1) in subsection
(b)—
(A) in paragraph
(1)—
(i) by
striking subparagraph (B);
(ii) by
redesignating subparagraph (C) as subparagraph (B); and
(iii) in
subparagraph (B) (as so redesignated)—
(I) by amending clause
(i)(I), by striking section 117(b)(2)(A)(i) and inserting
section 117(b)(2)(A);
(II) by amending
clause (i)(II) to read as follows:
(II) represent
businesses, including large and small businesses, each of which has immediate
and long-term employment opportunities in an in-demand industry or other
occupation important to the State economy;
and
;
(III) by striking
clause (iii) and inserting the following:
(iii) a State agency
official responsible for economic development;
and
;
(IV) by striking
clauses (iv) through (vi);
(V) by amending clause
(vii) to read as follows:
(vii) such other representatives and State agency
officials as the Governor may designate, including—
(I) members of the
State legislature;
(II) representatives
of individuals and organizations that have experience with respect to youth
activities;
(III) representatives
of individuals and organizations that have experience and expertise in the
delivery of workforce investment activities, including chief executive officers
of community colleges and community-based organizations within the
State;
(IV) representatives
of the lead State agency officials with responsibility for the programs and
activities that are described in section 121(b) and carried out by one-stop
partners; or
(V) representatives of
veterans service organizations.
;
and
(VI) by redesignating
clause (vii) (as so amended) as clause (iv); and
(B) by amending
paragraph (3) to read as follows:
(3)
Majority
A
2/3 majority of the members of the board shall be
representatives described in paragraph
(1)(B)(i).
;
(2) in subsection (c),
by striking (b)(1)(C)(i) and inserting
(b)(1)(B)(i);
(3) by amending
subsection (d) to read as follows:
(d)
Functions
The
State board shall assist the Governor of the State as follows:
(1)
State
plan
Consistent with section 112, the State board shall develop a
State plan.
(2)
Statewide
workforce development system
The State board shall review and
develop statewide policies and programs in the State in a manner that supports
a comprehensive statewide workforce development system that will result in
meeting the workforce needs of the State and its local areas. Such review shall
include determining whether the State should consolidate additional amounts for
additional activities or programs into the Workforce Investment Fund in
accordance with section 501(e).
(3)
Workforce and
labor market information system
The State board shall develop a
statewide workforce and labor market information system described in section
15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)), which may include using
information collected under Federal law other than this Act by the State
economic development entity or a related entity in developing such
system.
(4)
Employer
engagement
The State board shall develop strategies, across local
areas, that meet the needs of employers and support economic growth in the
State by enhancing communication, coordination, and collaboration among
employers, economic development entities, and service providers.
(5)
Designation of
local areas
The State board shall designate local areas as
required under section 116.
(6)
One-stop
delivery system
The State board shall identify and disseminate
information on best practices for effective operation of one-stop centers,
including use of innovative business outreach, partnerships, and service
delivery strategies.
(7)
Program
oversight
The State board shall conduct the following program
oversight:
(A) Reviewing and
approving local plans under section 118.
(B) Ensuring the
appropriate use and management of the funds provided for State employment and
training activities authorized under section 134.
(C) Preparing an
annual report to the Secretary described in section 136(d).
(8)
Development of
performance measures
The State board shall develop and ensure
continuous improvement of comprehensive State performance measures, including
State adjusted levels of performance, as described under section
136(b).
;
(4) by striking
subsection (e) and redesignating subsection (f) as subsection (e);
(5) in subsection (e)
(as so redesignated), by inserting or participate in any action
taken after vote;
(6) by inserting after
subsection (e) (as so redesignated), the following:
(f)
Staff
The
State board may employ staff to assist in carrying out the functions described
in subsection (d).
;
and
(7) in subsection (g),
by inserting electronic means and after on a regular
basis through.
104.
State
plan
Section 112
(29 U.S.C.
2822)—
(1) in subsection
(a)—
(A) by striking
127 or; and
(B) by striking
5-year strategy and inserting 3-year
strategy;
(2) in subsection
(b)—
(A) by amending
paragraph (4) to read as follows:
(4) information
describing—
(A) the economic
conditions in the State;
(B) the immediate and long-term skilled
workforce needs of in-demand industries, small businesses, and other
occupations important to the State economy;
(C) the knowledge and
skills of the workforce in the State; and
(D) workforce
development activities (including education and training) in the
State;
;
(B) by amending
paragraph (7) to read as follows:
(7) a description of
the State criteria for determining the eligibility of training services
providers in accordance with section 122, including how the State will take
into account the performance of providers and whether the training services
relate to in-demand industries and other occupations important to the State
economy;
;
(C) by amending
paragraph (8) to read as follows:
(8)
(A) a description of the
procedures that will be taken by the State to assure coordination of, and avoid
duplication among, the programs and activities identified under section
501(b)(2); and
(B) a description of and an assurance
regarding common data collection and reporting processes used for the programs
and activities described in subparagraph (A), which are carried out by one-stop
partners, including—
(i) an assurance that such processes
use quarterly wage records for performance measures described in section
136(b)(2)(A) that are applicable to such programs or activities; or
(ii) if such wage records are not being
used for the performance measures, an identification of the barriers to using
such wage records and a description of how the State will address such barriers
within 1 year of the approval of the
plan;
;
(D) in paragraph (9),
by striking , including comment by representatives of businesses and
representatives of labor organizations,;
(E) in paragraph (11),
by striking under sections 127 and 132 and inserting
under section 132;
(F) by striking
paragraph (12);
(G) by redesignating
paragraphs (13) through (18) as paragraphs (12) through (17),
respectively;
(H) in paragraph (12)
(as so redesignated), by striking 111(f) and inserting
111(e);
(I) in paragraph (13)
(as so redesignated), by striking 134(c) and inserting
121(e);
(J) in paragraph (14)
(as so redesignated), by striking 116(a)(5) and inserting
116(a)(3);
(K) in paragraph (16)
(as so redesignated)—
(i) in
subparagraph (A)—
(I) in clause
(ii)—
(aa) by
striking to dislocated workers; and
(bb) by
inserting and additional assistance after rapid response
activities;
(II) in clause (iii),
by striking 134(d)(4) and inserting
134(c)(4);
(III) by striking
and at the end of clause (iii);
(IV) by amending
clause (iv) to read as follows:
(iv) how the State will serve the employment and
training needs of dislocated workers (including displaced homemakers),
low-income individuals (including recipients of public assistance such as
supplemental nutrition assistance program benefits pursuant to the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), long-term
unemployed individuals (including individuals who have exhausted entitlement to
Federal and State unemployment compensation), English learners, homeless
individuals, individuals training for nontraditional employment, youth
(including out-of-school youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugees and entrants, veterans (including
disabled and homeless veterans), and Native Americans;
and
;
and
(V) by adding at the
end the following new clause:
(v) how the State
will—
(I) consistent with
section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the
employment and training needs of individuals with disabilities; and
(II) consistent with
sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794d),
include the provision of outreach, intake, assessments, and service delivery,
the development of performance measures, the training of staff, and other
aspects of accessibility for individuals with disabilities to programs and
services under this subtitle;
;
and
(ii) in
subparagraph (B), by striking to the extent practicable and
inserting in accordance with the requirements of the Jobs for Veterans
Act (Public
Law 107–288) and the amendments made by such Act;
and
(L) by striking
paragraph (17) (as so redesignated) and inserting the following:
(17) a description of
the strategies and services that will be used in the State—
(A) to more fully engage employers, including
small businesses and employers in in-demand industries and occupations
important to the State economy;
(B) to meet the needs
of employers in the State; and
(C) to better
coordinate workforce development programs with economic development
activities;
(18) a description of
how the State board will convene (or help to convene) industry or sector
partnerships that lead to collaborative planning, resource alignment, and
training efforts across a targeted cluster of multiple firms for a range of
workers employed or potentially employed by the industry or sector—
(A) to encourage
industry growth and competitiveness and to improve worker training, retention,
and advancement in the industry or sector;
(B) to address the
immediate and long-term skilled workforce needs of in-demand industries, small
businesses, and other occupations important to the State economy; and
(C) to address
critical skill gaps within and across industries and sectors;
(19) a description of
how the State will utilize technology, to facilitate access to services in
remote areas, which may be used throughout the State;
(20) a description of
the State strategy and assistance to be provided by the State for encouraging
regional cooperation within the State and across State borders, as
appropriate;
(21) a description of
the actions that will be taken by the State to foster communication,
coordination, and partnerships with nonprofit organizations (including public
libraries, community, faith-based, and philanthropic organizations) that
provide employment-related, training, and complementary services, to enhance
the quality and comprehensiveness of services available to participants under
this title;
(22) a description of
the process and methodology for determining—
(A) one-stop partner
program contributions for the costs of infrastructure of one-stop centers under
section 121(h)(1); and
(B) the formula for
allocating such infrastructure funds to local areas under section
121(h)(3);
(23) a description of the strategies and
services that will be used in the State to assist at-risk youth and
out-of-school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials, such as industry-recognized
credentials), and employment experience to succeed in the labor market,
including—
(A) training and
internships in in-demand industries or occupations important to the State and
local economy;
(B) dropout recovery
activities that are designed to lead to the attainment of a regular secondary
school diploma or its recognized equivalent, or other State-recognized
equivalent (including recognized alternative standards for individuals with
disabilities); and
(C) activities
combining remediation of academic skills, work readiness training, and work
experience, and including linkages to postsecondary education and training and
career-ladder employment; and
(24) a description
of—
(A) how the State will furnish employment,
training, including training in advanced manufacturing, supportive, and
placement services to veterans, including disabled and homeless
veterans;
(B) the strategies and
services that will be used in the State to assist in and expedite reintegration
of homeless veterans into the labor force; and
(C) the veterans
population to be served in the
State.
;
(3) in subsection (c), by striking
period, that— and all that follows through paragraph (2) and
inserting period, that the plan is inconsistent with the provisions of
this title.; and
(4) in subsection (d), by striking
5-year and inserting 3-year.
105.
Local workforce
investment areas
Section 116
(29 U.S.C.
2831) is amended—
(1) in subsection
(a)—
(A) by amending paragraph (1) to read as
follows:
(1)
In
general
(A)
Process
In order to receive an allotment under
section 132, a State, through the State board, shall establish a process to
designate local workforce investment areas within the State. Such process
shall—
(i) support the statewide workforce development
system developed under section 111(d)(2), enabling the system to meet the
workforce needs of the State and its local areas;
(ii) include consultation, prior to the
designation, with chief elected officials;
(iii) include consideration of comments received
on the designation through the public comment process as described in section
112(b)(9); and
(iv) require the submission of an application
for approval under subparagraph (B).
(B)
Application
To obtain designation of a local area under
this paragraph, a local or regional board (or consortia of local or regional
boards) seeking to take responsibility for the area under this Act shall submit
an application to a State board at such time, in such manner, and containing
such information as the State board may require, including—
(i) a description of the local area, including
the population that will be served by the local area, and the education and
training needs of its employers and workers;
(ii) a description of how the local area is
consistent or aligned with—
(I) service delivery areas (as determined by
the State);
(II) labor market areas; and
(III) economic development regions;
(iii) a description of the eligible providers of
education and training, including postsecondary educational institutions such
as community colleges, located in the local area and available to meet the
needs of the local workforce;
(iv) a description of the distance that
individuals will need to travel to receive services provided in such local
area; and
(v) any other criteria that the State board may
require.
(C)
Priority
In designating local areas under this
paragraph, a State board shall give priority consideration to an area proposed
by an applicant demonstrating that a designation as a local area under this
paragraph will result in the reduction of overlapping service delivery areas,
local market areas, or economic development regions.
(D)
Alignment with
local plan
A State may
designate an area proposed by an applicant as a local area under this paragraph
for a period not to exceed 3 years.
(E)
References
For purposes of this Act, a reference to a
local area—
(i) used with respect to a geographic area,
refers to an area designated under this paragraph; and
(ii) used with respect to an entity, refers to
the applicant.
;
(B) by amending
paragraph (2) to read as follows:
(2)
Technical
assistance
The Secretary shall, if requested by the Governor of a
State, provide the State with technical assistance in making the determinations
required under paragraph (1). The Secretary shall not issue regulations
governing determinations to be made under paragraph
(1).
;
(C) by striking
paragraph (3);
(D) by striking
paragraph (4);
(E) by redesignating paragraph (5) as paragraph
(3); and
(F) in paragraph (3) (as so redesignated), by
striking (2) or (3) both places it appears and inserting
(1);
(2) by amending
subsection (b) to read as follows:
(b)
Single
states
Consistent with
subsection (a), the State board of a State may designate the State as a single
State local area for the purposes of this
title.
;
and
(3) in subsection
(c)—
(A) in paragraph (1),
by adding at the end the following: The State may require the local
boards for the designated region to prepare a single regional plan that
incorporates the elements of the local plan under section 118 and that is
submitted and approved in lieu of separate local plans under such
section.; and
(B) in paragraph (2),
by striking employment statistics and inserting workforce
and labor market information.
106.
Local workforce
investment boards
Section 117
(29 U.S.C.
2832) is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in
subparagraph (A)—
(I) by striking include— and all
that follows through representatives and inserting
include representatives;
(II) by striking
clauses (ii) through (vi);
(III) by redesignating
subclauses (I) through (III) as clauses (i) through (iii), respectively (and by
moving the margins of such clauses 2 ems to the left);
(IV) by striking
clause (ii) (as so redesignated) and inserting the following:
(ii) represent businesses, including large and
small businesses, each of which has immediate and long-term employment
opportunities in an in-demand industry or other occupation important to the
local economy; and
;
and
(V) by striking the
semicolon at the end of clause (iii) (as so redesignated) and inserting
; and; and
(ii) by
amending subparagraph (B) to read as follows:
(B) may include such other individuals or
representatives of entities as the chief elected official in the local area may
determine to be appropriate, including—
(i) the superintendent
or other employee of the local educational agency who has primary
responsibility for secondary education, the presidents or chief executive
officers of postsecondary educational institutions (including a community
college, where such an entity exists), or administrators of local entities
providing adult education and family literacy education activities;
(ii) representatives
of community-based organizations (including organizations representing
individuals with disabilities and veterans, for a local area in which such
organizations are present); or
(iii) representatives
of veterans service
organizations.
;
(B) in paragraph (4)—
(i) by
striking A majority and inserting A
2/3 majority; and
(ii) by
striking (2)(A)(i) and inserting (2)(A);
and
(C) in paragraph (5),
by striking (2)(A)(i) and inserting
(2)(A);
(2) in subsection (c)—
(A) in paragraph (1), by striking subparagraph
(C); and
(B) in paragraph
(3)(A)(ii), by striking paragraphs (1) through (7) and inserting
paragraphs (1) through (8);
(3) by amending
subsection (d) to read as follows:
(d)
Functions of
local board
The functions of the local board shall include the
following:
(1)
Local
plan
Consistent with section 118, each local board, in
partnership with the chief elected official for the local area involved, shall
develop and submit a local plan to the Governor.
(2)
Workforce
research and regional labor market analysis
(A)
In
general
The local board shall—
(i) conduct, and
regularly update, an analysis of—
(I) the economic
conditions in the local area;
(II) the immediate and
long-term skilled workforce needs of in-demand industries and other occupations
important to the local economy;
(III) the knowledge
and skills of the workforce in the local area; and
(IV) workforce
development activities (including education and training) in the local area;
and
(ii) assist the
Governor in developing the statewide workforce and labor market information
system described in section 15(e) of the Wagner-Peyser Act (29 U.S.C.
49l–2(e)).
(B)
Existing
analysis
In carrying out requirements of subparagraph (A)(i), a
local board shall use an existing analysis, if any, by the local economic
development entity or related entity.
(3)
Employer
engagement
The local board shall meet the needs of employers and
support economic growth in the local area by enhancing communication,
coordination, and collaboration among employers, economic development entities,
and service providers.
(4)
Budget and
administration
(A)
Budget
(i)
In
general
The local board shall develop a budget for the activities
of the local board in the local area, consistent with the requirements of this
subsection.
(ii)
Training
reservation
In developing a budget under clause (i), the local
board shall reserve a percentage of funds to carry out the activities specified
in section 134(c)(4). The local board shall use the analysis conducted under
paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve
under this clause.
(B)
Administration
(i)
Grant
recipient
The chief elected official in a local area shall serve
as the local grant recipient for, and shall be liable for any misuse of, the
grant funds allocated to the local area under section 133, unless the chief
elected official reaches an agreement with the Governor for the Governor to act
as the local grant recipient and bear such liability.
(ii)
Designation
In
order to assist in administration of the grant funds, the chief elected
official or the Governor, where the Governor serves as the local grant
recipient for a local area, may designate an entity to serve as a local grant
subrecipient for such funds or as a local fiscal agent. Such designation shall
not relieve the chief elected official or the Governor of the liability for any
misuse of grant funds as described in clause (i).
(iii)
Disbursal
The
local grant recipient or an entity designated under clause (ii) shall disburse
the grant funds for workforce investment activities at the direction of the
local board, pursuant to the requirements of this title. The local grant
recipient or entity designated under clause (ii) shall disburse the funds
immediately on receiving such direction from the local board.
(C)
Staff
The
local board may employ staff to assist in carrying out the functions described
in this subsection.
(D)
Grants and
donations
The local board may solicit and accept grants and
donations from sources other than Federal funds made available under this
Act.
(5)
Selection of
operators and providers
(A)
Selection of
one-stop operators
Consistent with section 121(d), the local
board, with the agreement of the chief elected official—
(i) shall designate or
certify one-stop operators as described in section 121(d)(2)(A); and
(ii) may terminate for
cause the eligibility of such operators.
(B)
Identification
of eligible training service providers
Consistent with this subtitle, the local
board shall identify eligible providers of training services described in
section 134(c)(4) in the local area, annually review the outcomes of such
eligible providers using the criteria under section 122(b)(2), and designate
such eligible providers in the local area who have demonstrated the highest
level of success with respect to such criteria as priority eligible providers
for the program year following the review.
(C)
Identification
of eligible providers of work ready services
If the one-stop
operator does not provide the services described in section 134(c)(2) in the
local area, the local board shall identify eligible providers of such services
in the local area by awarding contracts.
(6)
Program
oversight
The local board, in partnership with the chief elected
official, shall be responsible for—
(A) ensuring the
appropriate use and management of the funds provided for local employment and
training activities authorized under section 134(b); and
(B) conducting
oversight of the one-stop delivery system, in the local area, authorized under
section 121.
(7)
Negotiation of
local performance measures
The local board, the chief elected
official, and the Governor shall negotiate and reach agreement on local
performance measures as described in section 136(c).
(8)
Technology
improvements
The local board shall develop strategies for
technology improvements to facilitate access to services authorized under this
subtitle and carried out in the local area, including access in remote
areas.
;
(4) in subsection
(e)—
(A) by inserting
electronic means and after regular basis through;
and
(B) by striking
and the award of grants or contracts to eligible providers of youth
activities,;
(5) in subsection
(f)—
(A) in paragraph
(1)(A), by striking section 134(d)(4) and inserting
section 134(c)(4); and
(B) by striking
paragraph (2) and inserting the following:
(2)
Work ready
services; designation or certification as one-stop operators
A
local board may provide work ready services described in section 134(c)(2)
through a one-stop delivery system described in section 121 or be designated or
certified as a one-stop operator only with the agreement of the chief elected
official and the
Governor.
;
(6) in subsection
(g)(1), by inserting or participate in any action taken after
vote; and
(7) by striking subsections (h) and (i).
107.
Local
plan
Section 118
(29 U.S.C.
2833) is amended—
(1) in subsection (a),
by striking 5-year and inserting 3-year;
(2) by amending subsection (b) to read as
follows:
(b)
Contents
The local plan shall include—
(1) a description of the analysis of the local
area's economic and workforce conditions conducted under subclauses (I) through
(IV) of section 117(d)(2)(A)(i), and an assurance that the local board will use
such analysis to carry out the activities under this subtitle;
(2) a description of
the one-stop delivery system in the local area, including—
(A) a description of
how the local board will ensure—
(i) the continuous
improvement of eligible providers of services through the system; and
(ii) that such
providers meet the employment needs of local businesses and participants;
and
(B) a description of
how the local board will facilitate access to services described in section
117(d)(8) and provided through the one-stop delivery system consistent with
section 117(d)(8);
(3) a description of
the strategies and services that will be used in the local area—
(A) to more fully
engage employers, including small businesses and employers in in-demand
industries and occupations important to the local economy;
(B) to meet the needs
of employers in the local area;
(C) to better
coordinate workforce development programs with economic development activities;
and
(D) to better
coordinate workforce development programs with employment, training, and
literacy services carried out by nonprofit organizations, including public
libraries, as appropriate;
(4) a description of
how the local board will convene (or help to convene) industry or sector
partnerships that lead to collaborative planning, resource alignment, and
training efforts across multiple firms for a range of workers employed or
potentially employed by a targeted industry or sector—
(A) to encourage
industry growth and competitiveness and to improve worker training, retention,
and advancement in the targeted industry or sector;
(B) to address the immediate and long-term
skilled workforce needs of in-demand industries, small businesses, and other
occupations important to the local economy; and
(C) to address
critical skill gaps within and across industries and sectors;
(5) a description of
how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out
activities described in section 134(c)(4);
(6) a description of
how the local board will coordinate workforce investment activities carried out
in the local area with statewide workforce investment activities, as
appropriate;
(7) a description of
how the local area will—
(A) coordinate
activities with the local area’s disability community, and with transition
services (as defined under section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401)) provided under that Act by local
educational agencies serving such local area, to make available comprehensive,
high-quality services to individuals with disabilities;
(B) consistent with section 188 and Executive
Order No. 13217 (42
U.S.C. 12131 note), serve the employment and training needs of
individuals with disabilities, with a focus on employment that fosters
independence and integration into the workplace; and
(C) consistent with
sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794d),
include the provision of outreach, intake, assessments, and service delivery,
the development of performance measures, the training of staff, and other
aspects of accessibility for individuals with disabilities to programs and
services under this subtitle;
(8) a description of
the local levels of performance negotiated with the Governor and chief elected
official pursuant to section 136(c), to be—
(A) used to measure
the performance of the local area; and
(B) used by the local
board for measuring performance of the local fiscal agent (where appropriate),
eligible providers, and the one-stop delivery system, in the local area;
(9) a description of
the process used by the local board, consistent with subsection (c), to provide
an opportunity for public comment prior to submission of the plan;
(10) a description of how the local area will
serve the employment and training needs of dislocated workers (including
displaced homemakers), low-income individuals (including recipients of public
assistance such as supplemental nutrition assistance program benefits pursuant
to the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), long-term
unemployed individuals (including individuals who have exhausted entitlement to
Federal and State unemployment compensation), English learners, homeless
individuals, individuals training for nontraditional employment, youth
(including out-of-school youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugees and entrants, veterans (including
disabled veterans and homeless veterans), and Native Americans;
(11) an identification
of the entity responsible for the disbursal of grant funds described in section
117(d)(4)(B)(iii), as determined by the chief elected official or the Governor
under such section;
(12) a description of the strategies and
services that will be used in the local area to assist at-risk youth and
out-of-school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials, such as industry-recognized
credentials), and employment experience to succeed in the labor market,
including—
(A) training and
internships in in-demand industries or occupations important to the local
economy;
(B) dropout recovery
activities that are designed to lead to the attainment of a regular secondary
school diploma or its recognized equivalent, or other State-recognized
equivalent (including recognized alternative standards for individuals with
disabilities); and
(C) activities
combining remediation of academic skills, work readiness training, and work
experience, and including linkages to postsecondary education and training and
career-ladder employment;
(13) a description of—
(A) how the local area will furnish employment,
training, including training in advanced manufacturing, supportive, and
placement services to veterans, including disabled and homeless
veterans;
(B) the strategies and
services that will be used in the local area to assist in and expedite
reintegration of homeless veterans into the labor force; and
(C) the veteran
population to be served in the local area;
(14) a description
of—
(A) the duties
assigned to the veteran employment specialist consistent with the requirements
of section 134(f);
(B) the manner in
which the veteran employment specialist is integrated into the one-stop career
system described in section 121;
(C) the date on which
the veteran employment specialist was assigned; and
(D) whether the
veteran employment specialist has satisfactorily completed related training by
the National Veterans' Employment and Training Services Institute; and
(15) such other
information as the Governor may
require.
;
and
(3) in subsection
(c)—
(A) in paragraph (1),
by striking such means and inserting electronic means and
such means; and
(B) in paragraph (2),
by striking , including representatives of business and representatives
of labor organizations,.
108.
Establishment
of one-stop delivery system
Section 121 (29 U.S.C. 2841) is amended—
(1) in subsection
(b)—
(A) by striking
subparagraph (A) of paragraph (1) and inserting the following:
(A)
Roles and
responsibilities of one-stop partners
Each entity that carries
out a program or activities described in subparagraph (B) shall—
(i) provide access
through a one-stop delivery system to the program or activities carried out by
the entity, including making the work ready services described in section
134(c)(2) that are applicable to the program or activities of the entity
available at one-stop centers (in addition to any other appropriate
locations);
(ii) use a portion of
the funds available to the program or activities of the entity to maintain the
one-stop delivery system, including payment of the costs of infrastructure of
one-stop centers in accordance with subsection (h);
(iii) enter into a
local memorandum of understanding with the local board, relating to the
operation of the one-stop delivery system, that meets the requirements of
subsection (c); and
(iv) participate in
the operation of the one-stop delivery system consistent with the terms of the
memorandum of understanding, the requirements of this title, and the
requirements of the Federal laws authorizing the program or activities carried
out by the
entity.
;
(B) in paragraph
(1)(B)—
(i) by
striking clauses (ii), (v), and (vi);
(ii) by
redesignating clauses (iii) and (iv) as clauses (ii) and (iii),
respectively;
(iii) by
redesignating clauses (vii) through (xii) as clauses (iv) through (ix),
respectively;
(iv) in clause (ii),
as so redesignated, by striking adult education and literacy
activities and inserting adult education and family literacy
education activities;
(v) in
clause (viii), as so redesignated, by striking and at the
end;
(vi) in
clause (ix), as so redesignated, by striking the period and inserting ;
and; and
(vii) by
adding at the end the following:
(x) subject to
subparagraph (C), programs authorized under part A of title IV of the Social
Security Act (42
U.S.C. 601 et seq.).
;
(C) by inserting after
paragraph (1)(B) the following:
(C)
Determination by
the governor
Each entity
carrying out a program described in subparagraph (B)(x) shall be considered to
be a one-stop partner under this title and carry out the required partner
activities described in subparagraph (A) unless the Governor of the State in
which the local area is located provides the Secretary and Secretary of Health
and Human Services written notice of a determination by the Governor that such
an entity shall not be considered to be such a partner and shall not carry out
such required partner activities.
;
and
(D) in paragraph
(2)—
(i) in
subparagraph (A)(i), by striking section 134(d)(2) and inserting
section 134(c)(2); and
(ii) in
subparagraph (B)—
(I) by striking
clauses (i), (ii), and (v);
(II) in clause (iv),
by striking and at the end;
(III) by redesignating
clauses (iii) and (iv) as clauses (i) and (ii), respectively; and
(IV) by adding at the
end the following:
(iii) employment and training programs
administered by the Commissioner of the Social Security Administration;
(iv) employment and training programs carried
out by the Administrator of the Small Business Administration;
(v) employment,
training, and literacy services carried out by public libraries; and
(vi) other appropriate
Federal, State, or local programs, including programs in the private
sector.
;
(2) in subsection
(c)(2), by amending subparagraph (A) to read as follows:
(A) provisions
describing—
(i) the services to be
provided through the one-stop delivery system consistent with the requirements
of this section, including the manner in which the services will be coordinated
through such system;
(ii) how the costs of
such services and the operating costs of such system will be funded, through
cash and in-kind contributions, to provide a stable and equitable funding
stream for ongoing one-stop system operations, including the funding of the
costs of infrastructure of one-stop centers in accordance with subsection
(h);
(iii) methods of
referral of individuals between the one-stop operator and the one-stop partners
for appropriate services and activities, including referrals for training for
nontraditional employment; and
(iv) the duration of
the memorandum of understanding and the procedures for amending the memorandum
during the term of the memorandum, and assurances that such memorandum shall be
reviewed not less than once every 3-year period to ensure appropriate funding
and delivery of services under the memorandum;
and
;
(3) in subsection
(d)—
(A) in the heading for
paragraph (1), by striking Designation and certification and
inserting Local
designation and certification;
(B) in paragraph
(2)—
(i) by striking
section 134(c) and inserting subsection
(e);
(ii) by amending
subparagraph (A) to read as follows:
(A) shall be
designated or certified as a one-stop operator through a competitive process;
and
;
and
(iii) in subparagraph
(B), by striking clause (ii) and redesignating clauses (iii) through (vi) as
clauses (ii) through (v), respectively; and
(C) in paragraph (3),
by striking vocational and inserting career and
technical;
(4) by amending
subsection (e) to read as follows:
(e)
Establishment of
one-Stop delivery system
(1)
In
general
There shall be established in a State that receives an
allotment under section 132(b) a one-stop delivery system, which shall—
(A) provide the work
ready services described in section 134(c)(2);
(B) provide access to
training services as described in paragraph (4) of section 134(c), including
serving as the point of access to career enhancement accounts for training
services to participants in accordance with paragraph (4)(F) of such
section;
(C) provide access to
the activities carried out under section 134(d), if any;
(D) provide access to
programs and activities carried out by one-stop partners that are described in
subsection (b); and
(E) provide access to
the data and information described in subparagraphs (A) and (B) of section
15(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49l–2(a)(1)).
(2)
One-stop
delivery
At a minimum, the one-stop delivery system—
(A) shall make each of
the programs, services, and activities described in paragraph (1) accessible at
not less than one physical center in each local area of the State; and
(B) may also make
programs, services, and activities described in paragraph (1) available—
(i) through a network
of affiliated sites that can provide one or more of the programs, services, and
activities to individuals; and
(ii) through a network
of eligible one-stop partners—
(I) in which each
partner provides one or more of the programs, services, and activities to such
individuals and is accessible at an affiliated site that consists of a physical
location or an electronically or technologically linked access point;
and
(II) that assures
individuals that information on the availability of the work ready services
will be available regardless of where the individuals initially enter the
statewide workforce investment system, including information made available
through an access point described in subclause (I).
(3)
Specialized
centers
The centers and sites described in paragraph (2) may have
a specialization in addressing special
needs.
;
and
(5) by adding at the
end the following:
(g)
Certification of
one-Stop centers
(1)
In
general
(A)
In
general
The State board shall establish objective procedures and
criteria for certifying, at least once every 3 years, one-stop centers for the
purpose of awarding the one-stop infrastructure funding described in subsection
(h).
(B)
Criteria
The
criteria for certification of a one-stop center under this subsection shall
include—
(i) meeting the
expected levels of performance for each of the corresponding core indicators of
performance as outlined in the State plan under section 112;
(ii) meeting minimum
standards relating to the scope and degree of service integration achieved by
the center, involving the programs provided by the one-stop partners;
and
(iii) meeting minimum
standards relating to how the center ensures that eligible providers meet the
employment needs of local employers and participants.
(C)
Effect of
certification
One-stop centers certified under this subsection
shall be eligible to receive the infrastructure funding authorized under
subsection (h).
(2)
Local
boards
Consistent with the criteria developed by the State, the
local board may develop, for certification referred to in paragraph (1)(A),
additional criteria or higher standards on the criteria referred to in
paragraph (1)(B) to respond to local labor market and demographic conditions
and trends.
(h)
One-Stop
infrastructure funding
(1)
Partner
contributions
(A)
Provision of
funds
Notwithstanding any
other provision of law, as determined under subparagraph (B), a portion of the
Federal funds provided to the State and areas within the State under the
Federal laws authorizing the one-stop partner programs described in subsection
(b)(1)(B) and participating additional partner programs described in subsection
(b)(2)(B), for a fiscal year shall be provided to the Governor by such partners
to carry out this subsection.
(B)
Determination of
governor
(i)
In
general
Subject to subparagraph (C), the Governor, in
consultation with the State board, shall determine the portion of funds to be
provided under subparagraph (A) by each one-stop partner and in making such
determination shall consider the proportionate use of the one-stop centers in
the State by each such partner, the costs of administration for purposes not
related to one-stop centers for each such partner, and other relevant factors
described in paragraph (3).
(ii)
Special
rule
In those States where the State constitution places
policy-making 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 family literacy education activities authorized under title II and for
postsecondary career and technical education activities authorized under the
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), the determination described in clause (i) with respect to the
corresponding 2 programs shall be made by the Governor with the appropriate
entity or official with such independent policy-making authority.
(iii)
Appeal by
one-stop partners
The Governor shall establish a procedure for
the one-stop partner administering a program described in subsection (b) and
subparagraph (A) to appeal a determination regarding the portion of funds to be
provided under this paragraph on the basis that such determination is
inconsistent with the requirements described in the State plan for the program
or with the requirements of this paragraph. Such procedure shall ensure prompt
resolution of the appeal.
(C)
Limitations
(i)
Provision from
administrative funds
The funds provided under this paragraph by a
one-stop partner shall be provided only from funds available for the costs of
administration under the program administered by such partner, and shall be
subject to the limitations with respect to the portion of funds under such
program that may be used for administration.
(ii)
Federal direct
spending programs
(I)
In
general
A program that provides Federal direct spending under
section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C.
900(c)(8)) shall not, for purposes of this paragraph, be
required to provide more than the maximum amount determined under subclause
(II).
(II)
Maximum
amount
The maximum amount for the program is the amount that
bears the same relationship to the costs referred to in paragraph (2) for the
State as the use of the one-stop centers by such program bears to the use of
such centers by all one-stop partner programs in the State.
(2)
Allocation by
governor
From the funds provided under paragraph (1), the
Governor shall allocate funds to local areas in accordance with the formula
established under paragraph (3) for the purposes of assisting in paying the
costs of infrastructure of one-stop centers certified under subsection
(g).
(3)
Allocation
formula
The State board shall develop a formula to be used by the
Governor to allocate the funds provided under paragraph (1) to local areas. The
formula shall include such factors as the State board determines are
appropriate, which may include factors such as the number of centers in a local
area that have been certified, the population served by such centers, and the
performance of such centers.
(4)
Costs of
infrastructure
For purposes of this subsection, the term
costs of infrastructure means the nonpersonnel costs that are
necessary for the general operation of a one-stop center, including the rental
costs of the facilities involved, and the costs of utilities and maintenance,
and equipment (including assistive technology for individuals with
disabilities).
(i)
Other
funds
(1)
In
general
In addition to the funds provided under subsection (h), a
portion of funds made available under Federal law authorizing the one-stop
partner programs described in subsection (b)(1)(B) and participating additional
partner programs described in subsection (b)(2)(B), or the noncash resources
available under such 2 types of programs, shall be used to pay the costs
relating to the operation of the one-stop delivery system that are not paid for
from the funds provided under subsection (h), to the extent not inconsistent
with the Federal law involved. Such portion shall be used to pay for costs
including—
(A) costs of
infrastructure (as defined in subsection (h)) that are in excess of the funds
provided under subsection (h);
(B) common costs that
are in addition to the costs of infrastructure (as so defined); and
(C) the costs of the
provision of work ready services applicable to each program.
(2)
Determination
and standards
The method for determining the appropriate portion
of funds and noncash resources to be provided by each program under paragraph
(1) shall be determined as part of the memorandum of understanding under
subsection (c). The State board shall provide standards to facilitate the
determination of appropriate allocation of the funds and noncash resources to
local
areas.
.
109.
Identification
of eligible providers of training services
Section 122 (29 U.S.C. 2842) is amended to read
as follows:
122.
Identification
of eligible providers of training services
(a)
Eligibility
(1)
In
general
The Governor, after consultation with the State board,
shall establish criteria and procedures regarding the eligibility of providers
of training services described in section 134(c)(4) to receive funds provided
under section 133(b) for the provision of such training services and be
included on the list of eligible providers of training services described in
subsection (d).
(2)
Providers
Subject
to the provisions of this section, to be eligible to receive the funds and be
included on the list, the provider shall be—
(A) a postsecondary
educational institution that—
(i) is
eligible to receive Federal funds under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070
et seq.); and
(ii) provides a
program that leads to a recognized postsecondary credential;
(B) an entity that
carries out programs under the Act of August 16, 1937 (commonly known as the
National Apprenticeship Act; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et
seq.); or
(C) another public or
private provider of a program of training services.
(3)
Inclusion in
list of eligible providers
A provider described in subparagraph
(A) or (C) of paragraph (2) shall comply with the criteria and procedures
established under this subsection to be eligible to receive the funds and be
included on the list. A provider described in paragraph (2)(B) shall be
eligible to receive the funds and be included on the list with respect to
programs described in paragraph (2)(B) for so long as the provider remains
certified by the Secretary of Labor to carry out the programs.
(b)
Criteria
(1)
In
general
The criteria established by the Governor pursuant to
subsection (a) shall take into account—
(A) the performance of
providers of training services with respect to the performance measures
described in section 136, measures for other matters for which information is
required under paragraph (2), and other appropriate measures of performance
outcomes for those participants receiving training services under this
subtitle;
(B) whether the
training programs of such providers relate to in-demand industries or
occupations important to the local economy;
(C) the need to ensure
access to training services throughout the State, including in rural
areas;
(D) the ability of the
providers to offer programs that lead to a recognized postsecondary credential,
and the quality of such programs;
(E) the performance of
the providers as reflected in the information such providers are required to
report to State agencies with respect to other Federal and State programs
(other than the program carried out under this subtitle), including one-stop
partner programs; and
(F) such other factors
as the Governor determines are appropriate.
(2)
Information
The
criteria established by the Governor shall require that a provider of training
services submit appropriate, accurate, and timely information to the State for
purposes of carrying out subsection (d), with respect to participants receiving
training services under this subtitle in the applicable program,
including—
(A) information on
recognized postsecondary credentials received by such participants;
(B) information on
costs of attendance for such participants;
(C) information on the
program completion rate for such participants; and
(D) information on the
performance of the provider with respect to the performance measures described
in section 136 for such participants.
(3)
Renewal
The
criteria established by the Governor shall also provide for a review on the
criteria every 3 years and renewal of eligibility under this section for
providers of training services.
(4)
Local
criteria
A local board in the State may establish criteria in
addition to the criteria established by the Governor, or may require higher
levels of performance than required on the criteria established by the
Governor, for purposes of determining the eligibility of providers of training
services under this section in the local area involved.
(5)
Limitation
In
carrying out the requirements of this subsection, no entity may disclose
personally identifiable information regarding a student, including a Social
Security number, student identification number, or other identifier, without
the prior written consent of the parent or student in compliance with section
444 of the General Education Provisions Act (20 U.S.C. 1232g).
(c)
Procedures
The
procedures established under subsection (a) shall—
(1) identify—
(A) the application
process for a provider of training services to become eligible under this
section; and
(B) the respective
roles of the State and local areas in receiving and reviewing applications and
in making determinations of eligibility based on the criteria established under
this section; and
(2) establish a
process, for a provider of training services to appeal a denial or termination
of eligibility under this section, that includes an opportunity for a hearing
and prescribes appropriate time limits to ensure prompt resolution of the
appeal.
(d)
Information To
assist participants in choosing providers
In order to facilitate
and assist participants under chapter 5 in choosing providers of training
services, the Governor shall ensure that an appropriate list of providers
determined eligible under this section in the State, including information
provided under subsection (b)(2) with respect to such providers, is provided to
the local boards in the State and is made available to such participants and to
members of the public through the one-stop delivery system in the State.
(e)
Enforcement
(1)
In
general
The procedures established under this section shall
provide the following:
(A)
Intentionally
supplying inaccurate information
Upon a determination, by an
individual or entity specified in the procedures, that a provider of training
services, or individual providing information on behalf of the provider,
intentionally supplied inaccurate information under this section, the
eligibility of such provider under this section shall be terminated for a
period of time that is not less than 2 years.
(B)
Substantial
violations
Upon a determination, by an individual or entity
specified in the procedures, that a provider of training services substantially
violated any requirement under this title, the eligibility of such provider
under this section shall be terminated for a period of time that is not less
than 10 years.
(C)
Repayment
A
provider of training services whose eligibility is terminated under
subparagraph (A) or (B) shall be liable for the repayment of funds received
under chapter 5 during a period of noncompliance described in such
subparagraph. For purposes of subparagraph (A), that period shall be considered
to be the period beginning on the date on which the inaccurate information
described in subparagraph (A) was supplied, and ending on the date of the
termination described in subparagraph (A).
(2)
Construction
Paragraph
(1) shall be construed to provide remedies and penalties that supplement, but
do not supplant, other civil and criminal remedies and penalties.
(f)
Agreements with
other states
A State may enter into an agreement with another
State, on a reciprocal basis, to permit eligible providers of training services
to accept career enhancement accounts provided in the other State.
(g)
Recommendations
In
developing the criteria (including requirements for related information) and
procedures required under this section, the Governor shall solicit and take
into consideration the recommendations of local boards and providers of
training services within the State.
(h)
Opportunity To
submit comments
During the development of the criteria and
procedures, and the list of eligible providers required under this section, the
Governor shall provide an opportunity for interested members of the public to
submit comments regarding such criteria, procedures, and list.
(i)
On-the-Job
training or customized training exception
(1)
In
general
Providers of on-the-job training or customized training
shall not be subject to the requirements of subsections (a) through (d).
(2)
Collection and
dissemination of information
A one-stop operator in a local area
shall collect such performance information from on-the-job training and
customized training providers as the Governor may require, determine whether
the providers meet such performance criteria as the Governor may require, and
disseminate information identifying providers that meet the criteria as
eligible providers, and the performance information, through the one-stop
delivery system. Providers determined to meet the criteria shall be considered
to be identified as eligible under this section, to be providers of the
training services
involved.
.
110.
General
authorization
Chapter 5 of
subtitle B of title I is amended—
(1) by striking the
heading for chapter 5 and inserting the following: Employment and training activities;
and
(2) in section 131
(29 U.S.C.
2861)—
(A) by striking
paragraphs (1)(B) and (2)(B) of; and
(B) by striking
adults, and dislocated workers, and inserting
individuals.
111.
State
allotments
Section 132
(29 U.S.C.
2862) is amended—
(1) by amending
subsection (a) to read as follows:
(a)
In
general
The Secretary shall—
(1) reserve ½ of 1
percent of the total amount appropriated under section 137 for a fiscal year,
of which—
(A) 50 percent shall
be used to provide technical assistance under section 170; and
(B) 50 percent shall
be used for evaluations under section 172;
(2) reserve 1 percent
of the total amount appropriated under section 137 for a fiscal year to make
grants to, and enter into contracts or cooperative agreements with Indian
tribes, tribal organizations, Alaska Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations to carry out
employment and training activities;
(3) reserve not more
than 25 percent of the total amount appropriated under section 137 for a fiscal
year to carry out the Jobs Corps program under subtitle C;
(4) reserve not more than 3.5 percent of the
total amount appropriated under section 137 for a fiscal year to—
(A) make grants to
State boards or local boards to provide employment and training assistance to
workers affected by major economic dislocations, such as plant closures, mass
layoffs, or closures and realignments of military installations; and
(B) provide assistance to Governors of States
with an area that has suffered an emergency or a major disaster (as such terms
are defined in paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) to
provide disaster relief employment in the area; and
(5) from the remaining
amount appropriated under section 137 for a fiscal year (after reserving funds
under paragraphs (1) through (4)), make allotments in accordance with
subsection (b) of this section.
;
and
(2) by amending
subsection (b) to read as follows:
(b)
Workforce
investment fund
(1)
Reservation for
outlying areas
(A)
In
general
From the amount made available under subsection (a)(5)
for a fiscal year, the Secretary shall reserve not more than
1/4 of 1 percent to provide assistance to the outlying
areas.
(B)
Restriction
The Republic of Palau shall cease to be
eligible to receive funding under this paragraph upon entering into an
agreement for extension of United States educational assistance under the
Compact of Free Association (approved by the Compact of Free Association
Amendments Act of 2003 (Public Law 108–188)) after the date of
enactment of the SKILLS Act.
(2)
States
(A)
In
general
After determining the amount to be reserved under
paragraph (1), the Secretary shall allot the remainder of the amount referred
to in subsection (a)(5) for a fiscal year to the States pursuant to
subparagraph
(B) for employment and training activities and statewide
workforce investment activities.
(B)
Formula
Subject
to
subparagraphs
(C) and
(D),
of the remainder—
(i) 25
percent shall be allotted on the basis of the relative number of unemployed
individuals in areas of substantial unemployment in each State, compared to the
total number of unemployed individuals in areas of substantial unemployment in
all States;
(ii) 25 percent shall
be allotted on the basis of the relative number of individuals in the civilian
labor force in each State, compared to the total number of such individuals in
all States;
(iii) 25 percent shall
be allotted on the basis of the relative number of individuals in each State
who have been unemployed for 15 weeks or more, compared to the total number of
individuals in all States who have been unemployed for 15 weeks or more;
and
(iv) 25 percent shall be allotted on the basis
of the relative number of disadvantaged youth in each State, compared to the
total number of disadvantaged youth in all States.
(C)
Minimum and
maximum percentages
(i)
Minimum
percentage
The Secretary shall ensure that no State shall receive
an allotment under this paragraph for—
(I) each of fiscal
years 2015 through 2017, that is less than 100 percent of the allotment
percentage of the State for fiscal year 2013; and
(II) fiscal year 2018
and each succeeding fiscal year, that is less than 90 percent of the allotment
percentage of the State for the fiscal year preceding the fiscal year
involved.
(ii)
Maximum
percentage
Subject to clause (i), the Secretary shall ensure that
no State shall receive an allotment under this paragraph for—
(I) each of fiscal years 2015 through 2017,
that is more than 130 percent of the allotment percentage of the State for
fiscal year 2013; and
(II) fiscal year 2018
and each succeeding fiscal year, that is more than 130 percent of the allotment
percentage of the State for the fiscal year preceding the fiscal year
involved.
(D)
Small state
minimum allotment
Subject to
subparagraph
(C), the Secretary shall ensure that no State shall receive an
allotment under this paragraph for a fiscal year that is less than
1/5 of 1 percent of the remainder described in
subparagraph
(A) for the fiscal year.
(E)
Definitions
For
the purpose of the formula specified in this paragraph:
(i)
Allotment
percentage
The term
allotment percentage—
(I) used with respect to fiscal year 2013,
means the percentage of the amounts allotted to States under title I of this
Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women
in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.), sections
4103A and
4104
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser
Act (29 U.S.C. 49 et
seq.), as such provisions were in effect for fiscal year 2013,
that is received under such provisions by the State involved for fiscal year
2013; and
(II) used with respect to fiscal year 2017 or a
succeeding fiscal year, means the percentage of the amounts allotted to States
under this paragraph for the fiscal year, that is received under this paragraph
by the State involved for the fiscal year.
(ii)
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 7 percent for the most recent 12 months, as determined by the Secretary. For purposes of this clause, determinations of areas of substantial unemployment shall be made once each fiscal year.
(iii)
Disadvantaged
youth
The term
disadvantaged youth means an individual who is not less than age
16 and not more than age 24 who receives an income, or is a member of a family
that receives a total family income, that in relation to family size, does not
exceed the higher of—
(I) the poverty line;
or
(II) 70 percent of the
lower living standard income level.
(iv)
Individual
The
term individual means an individual who is age 16 or
older.
.
112.
Within State
allocations
Section 133 (29
U.S.C. 2863) is amended—
(1) by amending
subsection (a) to read as follows:
(a)
Reservations for
Statewide workforce investment activities
(1)
Statewide
employment and training activities
The Governor of a State shall
reserve not more than 15 percent of the total amount allotted to the State
under section 132(b)(2) for a fiscal year to carry out the statewide activities
described in section 134(a).
(2)
Statewide rapid
response activities and additional assistance
Of the amount
reserved under
paragraph
(1) for a fiscal year, the Governor of the State shall reserve
not more than 25 percent for statewide rapid response activities and additional
assistance described in section 134(a)(4).
(3)
Statewide grants
for individuals with barriers to employment
Of the amount reserved under paragraph (1)
for a fiscal year, the Governor of the State shall reserve 15 percent to carry
out statewide activities described in section 134(a)(5).
(4)
State
administrative cost limit
Not
more than 5 percent of the funds reserved under paragraph (1) may be used by
the Governor of the State for administrative costs of carrying out the
statewide activities described in section
134(a).
;
(2) by amending
subsection (b) to read as follows:
(b)
Within state
allocation
(1)
Methods
The
Governor, acting in accordance with the State plan, and after consulting with
chief elected officials in the local areas in the State, shall—
(A) allocate the funds
that are allotted to the State under section 132(b)(2) and not reserved under
subsection (a), in accordance with paragraph (2)(A); and
(B) award the funds that are reserved by the
State under subsection (a)(3) through competitive grants to eligible entities,
in accordance with section 134(a)(1)(C).
(2)
Formula
allocations for the workforce investment fund
(A)
Allocation
In
allocating the funds described in paragraph (1)(A) to local areas, a State
shall allocate—
(i) 25
percent on the basis described in section 132(b)(2)(B)(i);
(ii) 25 percent on the
basis described in section 132(b)(2)(B)(ii);
(iii) 25 percent on
the basis described in section 132(b)(2)(B)(iii); and
(iv) 25 percent on the
basis described in section 132(b)(2)(B)(iv),
except
that a reference in a section specified in any of clauses (i) through (iv) to
each State shall be considered to refer to each local area, and
to all States shall be considered to refer to all local
areas.
(B)
Minimum and
maximum percentages
(i)
Minimum
percentage
The State shall ensure that no local area shall
receive an allocation under this paragraph for—
(I) each of fiscal
years 2015 through 2017, that is less than 100 percent of the allocation
percentage of the local area for fiscal year 2013; and
(II) fiscal year 2018
and each succeeding fiscal year, that is less than 90 percent of the allocation
percentage of the local area for the fiscal year preceding the fiscal year
involved.
(ii)
Maximum
percentage
Subject to
clause
(i), the State shall ensure that no local area shall receive an
allocation for a fiscal year under this paragraph for—
(I) each of fiscal
years 2015 through 2017, that is more than 130 percent of the allocation
percentage of the local area for fiscal year 2013; and
(II) fiscal year 2018
and each succeeding fiscal year, that is more than 130 percentage of the
allocation percentage of the local area for the fiscal year preceding the
fiscal year involved.
(C)
Definitions
For
the purpose of the formula specified in this paragraph, the term
allocation percentage—
(i) used with respect to fiscal year 2013,
means the percentage of the amounts allocated to local areas under title I of
this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et
seq.), the Women in Apprenticeship and Nontraditional
Occupations Act (29
U.S.C. 2501 et seq.), sections
4103A and
4104
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser
Act (29 U.S.C. 49 et
seq.), as such provisions were in effect for fiscal year 2013,
that is received under such provisions by the local area involved for fiscal
year 2013; and
(ii) used with respect to fiscal year 2017 or a
succeeding fiscal year, means the percentage of the amounts allocated to local
areas under this paragraph for the fiscal year, that is received under this
paragraph by the local area involved for the fiscal
year.
;
(3) in subsection
(c)—
(A) by amending
paragraph (1) to read as follows:
(1)
In
general
The Governor may, in
accordance with this subsection, reallocate to eligible local areas within the
State amounts that are allocated under subsection (b) for employment and
training activities and that are available for
reallocation.
;
(B) in paragraph (2),
by striking paragraph (2)(A) or (3) of subsection (b) for such
activities and inserting subsection (b) for such
activities;
(C) by amending
paragraph (3) to read as follows:
(3)
Reallocations
In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program year, the
Governor shall allocate to each eligible local area within the State an amount
based on the relative amount allocated to such local area under subsection
(b)(2) for such activities for such prior program year, as compared to the
total amount allocated to all eligible local areas in the State under
subsection (b)(2) for such activities for such prior program
year.
;
and
(D) in paragraph (4),
by striking paragraph (2)(A) or (3) of; and
(4) by adding at the
end the following new subsection:
(d)
Local
administrative cost limit
Of
the amount allocated to a local area under this section for a fiscal year, not
more than 10 percent of the amount may be used by the local board involved for
the administrative costs of carrying out local workforce investment activities
in the local area under this
chapter.
.
113.
Use of funds
for employment and training activities
Section 134 (29 U.S.C. 2864) is
amended—
(1) by amending
subsection (a) to read as follows:
(a)
Statewide
Employment and Training Activities
(1)
In
general
(A)
Distribution of
statewide activities
Funds reserved by a Governor for a State as
described in section 133(a)(1) and not reserved under paragraph (2) or (3) of
section 133(a)—
(i) shall be used to
carry out the statewide employment and training activities described in
paragraph (2); and
(ii) may be used to
carry out any of the statewide employment and training activities described in
paragraph (3).
(B)
Statewide rapid
response activities and additional assistance
Funds reserved by a
Governor for a State as described in section 133(a)(2) shall be used to provide
the statewide rapid response activities and additional assistance described in
paragraph (4).
(C)
Statewide grants
for individuals with barriers to employment
Funds reserved by a
Governor for a State as described in section 133(a)(3) shall be used to award
statewide grants for individuals with barriers to employment on a competitive
basis, and carry out other activities, as described in paragraph (5).
(2)
Required
statewide employment and training activities
A State shall use funds referred to in
paragraph (1)(A) to carry out statewide employment and training activities,
which shall include—
(A) disseminating the
State list of eligible providers of training services described in section
122(d), information identifying eligible providers of on-the-job training and
customized training described in section 122(i), and performance information
and program cost information described in section 122(b)(2);
(B) supporting the
provision of work ready services described in subsection (c)(2) in the one-stop
delivery system;
(C) implementing strategies and services that
will be used in the State to assist at-risk youth and out-of-school youth in
acquiring the education and skills, recognized postsecondary credentials, and
employment experience to succeed in the labor market;
(D) conducting
evaluations under section 136(e) of activities authorized under this chapter in
coordination with evaluations carried out by the Secretary under section
172;
(E) providing
technical assistance to local areas that fail to meet local performance
measures;
(F) operating a fiscal
and management accountability system under section 136(f); and
(G) carrying out
monitoring and oversight of activities carried out under this chapter.
(3)
Allowable
statewide employment and training activities
A State may use
funds referred to in paragraph (1)(A) to carry out statewide employment and
training activities which may include—
(A) implementing
innovative programs and strategies designed to meet the needs of all employers
in the State, including small employers, which may include incumbent worker
training programs, sectoral and industry cluster strategies and partnership
initiatives, career ladder programs, micro-enterprise and entrepreneurial
training and support programs, utilization of effective business
intermediaries, activities to improve linkages between the one-stop delivery
system in the State and all employers (including small employers) in the State,
and other business services and strategies that better engage employers in
workforce investment activities and make the workforce investment system more
relevant to the needs of State and local businesses, consistent with the
objectives of this title;
(B) providing
incentive grants to local areas—
(i) for regional
cooperation among local boards (including local boards in a designated region
as described in section 116(c));
(ii) for local
coordination of activities carried out under this Act; and
(iii) for exemplary
performance by local areas on the local performance measures;
(C) developing
strategies for effectively integrating programs and services among one-stop
partners;
(D) carrying out
activities to facilitate remote access to services provided through a one-stop
delivery system, including facilitating access through the use of
technology;
(E) incorporating pay-for-performance contract
strategies as an element in funding activities under this section and providing
technical support to local areas and eligible providers in order to carry out
such a strategy, which may involve providing assistance with data collection
and data entry requirements;
(F) carrying out the
State option under subsection (f)(8); and
(G) carrying out other
activities authorized under this section that the State determines to be
necessary to assist local areas in carrying out activities described in
subsection (c) or (d) through the statewide workforce investment system.
(4)
Statewide rapid
response activities and additional assistance
A State shall use funds reserved as
described in section 133(a)(2)—
(A) to carry out statewide rapid response
activities, which shall include provision of rapid response activities, carried
out in local areas by the State or by an entity designated by the State,
working in conjunction with the local boards and the chief elected officials in
the local areas; and
(B) to provide
additional assistance to local areas that experience disasters, mass layoffs,
or plant closings, or other events that precipitate substantial increases in
the number of unemployed individuals, carried out in local areas by the State
or by an entity designated by the State, working in conjunction with the local
boards and the chief elected officials in the local areas.
(5)
Statewide grants
for individuals with barriers to employment
(A)
In
general
Of the funds reserved
as described in section 133(a)(3), the Governor of a State—
(i) may reserve up to 5 percent to provide
technical assistance for, and conduct evaluations as described in section
136(e) of, the programs carried out under this paragraph; and
(ii) using the remainder, shall award grants on
a competitive basis to eligible entities (that meet specific performance
outcomes and criteria established by the Governor) described in subparagraph
(B) to carry out employment and training programs authorized under this
paragraph for individuals with barriers to employment.
(B)
Eligible entity
defined
For purposes of this
paragraph, the term eligible entity means an entity that—
(i) is
a—
(I) local board or a
consortium of local boards;
(II) nonprofit entity,
for-profit entity, or a consortium of nonprofit or for-profit entities;
or
(III) consortium of
the entities described in subclauses (I) and (II);
(ii) has a
demonstrated record of placing individuals into unsubsidized employment and
serving hard-to-serve individuals; and
(iii) agrees to be
reimbursed primarily on the basis of meeting specified performance outcomes and
criteria established by the Governor.
(C)
Grant
period
(i)
In
general
A grant under this
paragraph shall be awarded for a period of 1 year.
(ii)
Grant
renewal
A Governor of a State
may renew, for up to 4 additional 1-year periods, a grant awarded under this
paragraph.
(D)
Eligible
Participants
To be eligible
to participate in activities under this paragraph, an individual shall be a
low-income individual age 16 or older.
(E)
Use of
Funds
An eligible entity
receiving a grant under this paragraph shall use the grant funds for programs
of activities that are designed to assist eligible participants in obtaining
employment and acquiring the education and skills necessary to succeed in the
labor market. To be eligible to receive a grant under this paragraph for an
employment and training program, an eligible entity shall submit an application
to a State at such time, in such manner, and containing such information as the
State may require, including—
(i) a
description of how the strategies and activities of the program will be aligned
with the State plan submitted under section 112 and the local plan submitted
under section 118, with respect to the area of the State that will be the focus
of the program under this paragraph;
(ii) a
description of the educational and skills training programs and activities the
eligible entity will provide to eligible participants under this
paragraph;
(iii) how the eligible
entity will collaborate with State and local workforce investment systems
established under this title in the provision of such programs and
activities;
(iv) a
description of the programs of demonstrated effectiveness on which the
provision of such educational and skills training programs and activities are
based, and a description of how such programs and activities will improve
education and skills training for eligible participants;
(v) a
description of the populations to be served and the skill needs of those
populations, and the manner in which eligible participants will be recruited
and selected as participants;
(vi) a
description of the private, public, local, and State resources that will be
leveraged, with the grant funds provided, for the program under this paragraph,
and how the entity will ensure the sustainability of such program after grant
funds are no longer available;
(vii) a description of
the extent of the involvement of employers in such program;
(viii) a description
of the levels of performance the eligible entity expects to achieve with
respect to the indicators of performance for all individuals specified in
section 136(b)(2);
(ix) a
detailed budget and a description of the system of fiscal controls, and
auditing and accountability procedures, that will be used to ensure fiscal
soundness for the program provided under this paragraph; and
(x) any other criteria
the Governor may
require.
;
(2) by amending
subsection (b) to read as follows:
(b)
Local employment
and training activities
Funds allocated to a local area under
section 133(b)—
(1) shall be used to
carry out employment and training activities described in subsection (c);
and
(2) may be used to
carry out employment and training activities described in subsection
(d).
;
(3) by striking
subsection (c);
(4) by redesignating
subsections (d) and (e), as subsections (c) and (d), respectively;
(5) in subsection (c) (as so
redesignated)—
(A) by amending
paragraph (1) to read as follows:
(1)
In
general
Funds allocated to a
local area under section 133(b) shall be used—
(A) to establish a one-stop delivery system as
described in section 121(e);
(B) to provide the
work ready services described in paragraph (2) through the one-stop delivery
system in accordance with such paragraph; and
(C) to provide training services described in
paragraph (4) in accordance with such
paragraph.
;
(B) in paragraph
(2)—
(i) in
the heading, by striking Core services and inserting
Work ready
services;
(ii) in
the matter preceding subparagraph (A)—
(I) by striking
(1)(A) and inserting (1);
(II) by striking
core services and inserting work ready services;
and
(III) by striking
who are adults or dislocated workers;
(iii) by
redesignating subparagraph (K) as subparagraph (V);
(iv) by
redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K),
respectively;
(v) by
inserting after subparagraph (A) the following:
(B) assistance in obtaining eligibility
determinations under the other one-stop partner programs through activities,
where appropriate and consistent with the authorizing statute of the one-stop
partner program involved, such as assisting in—
(i) the submission of applications;
(ii) the provision of information on the results
of such applications; and
(iii) the provision of intake services and
information;
;
(vi) by amending
subparagraph (E), as so redesignated, to read as follows:
(E) labor exchange services, including—
(i) job search and placement assistance, and
where appropriate, career counseling;
(ii) appropriate
recruitment services for employers, including small employers, in the local
area, which may include services described in this subsection, including
provision of information and referral to specialized business services not
traditionally offered through the one-stop delivery system; and
(iii) reemployment
services provided to unemployment claimants, including claimants identified as
in need of such services under the worker profiling system established under
section 303(j) of the Social Security Act (42 U.S.C.
503(j));
;
(vii) in
subparagraph (F), as so redesignated, by striking employment
statistics and inserting workforce and labor
market;
(viii) in subparagraph
(G), as so redesignated, by striking and eligible providers of youth
activities described in section 123,;
(ix) in
subparagraph (H), as so redesignated, by inserting under section
136 after local performance measures;
(x) in subparagraph (J), as so redesignated, by
inserting and information regarding the administration of the work test
for the unemployment compensation system after
compensation;
(xi) by
amending subparagraph (K), as so redesignated, to read as follows:
(K) assistance in establishing eligibility for
programs of financial aid assistance for education and training programs that
are not funded under this Act and are available in the local
area;
;
and
(xii) by
inserting the following new subparagraphs after subparagraph (K), as so
redesignated:
(L) the provision of information from official
publications of the Internal Revenue Service regarding Federal tax credits,
available to participants in employment and training activities, and relating
to education, job training, and employment;
(M) comprehensive and
specialized assessments of the skill levels and service needs of workers, which
may include—
(i) diagnostic testing and use of other
assessment tools; and
(ii) in-depth
interviewing and evaluation to identify employment barriers and appropriate
employment goals;
(N) development of an individual employment
plan, to identify the employment goals, appropriate achievement objectives, and
appropriate combination of services for the participant;
(O) group
counseling;
(P) individual
counseling and career planning;
(Q) case
management;
(R) short-term
pre-career services, including development of learning skills, communications
skills, interviewing skills, punctuality, personal maintenance skills, and
professional conduct, to prepare individuals for unsubsidized employment or
training;
(S) internships and
work experience;
(T) literacy
activities relating to basic work readiness, information and communication
technology literacy activities, and financial literacy activities, if the
activities involved are not available to participants in the local area under
programs administered under the Adult Education and Family Literacy Act
(20 U.S.C. 2901 et
seq.);
(U) out-of-area job
search assistance and relocation assistance;
and
;
(C) by amending
paragraph (3) to read as follows:
(3)
Delivery of
services
The work ready services described in paragraph (2) shall
be provided through the one-stop delivery system and may be provided through
contracts with public, private for-profit, and private nonprofit service
providers, approved by the local board.
; and
(D) in paragraph
(4)—
(i) by
amending subparagraph (A) to read as follows:
(A)
In
general
Funds described in
paragraph (1)(C) shall be used to provide training services to individuals
who—
(i) after an
interview, evaluation, or assessment, and case management, have been determined
by a one-stop operator or one-stop partner, as appropriate, to—
(I) be in need of
training services to obtain or retain employment; and
(II) have the skills
and qualifications to successfully participate in the selected program of
training services;
(ii) select programs
of training services that are directly linked to the employment opportunities
in the local area involved or in another area in which the individual receiving
such services are willing to commute or relocate; and
(iii) who meet the requirements of subparagraph
(B).
;
(ii) in subparagraph (B)(i), by striking
Except and inserting Notwithstanding section 479B of the
Higher Education Act of 1965 (20 U.S.C. 1087uu) and
except;
(iii) by amending subparagraph (D) to read as
follows:
(D)
Training
services
Training services authorized under this paragraph may
include—
(i) occupational
skills training;
(ii) on-the-job
training;
(iii) skill upgrading
and retraining;
(iv) entrepreneurial
training;
(v) education
activities leading to a regular secondary school diploma or its recognized
equivalent in combination with, concurrently or subsequently, occupational
skills training;
(vi) adult education
and family literacy education activities provided in conjunction with other
training services authorized under this subparagraph;
(vii) workplace
training combined with related instruction;
(viii) occupational
skills training that incorporates English language acquisition;
(ix) customized
training conducted with a commitment by an employer or group of employers to
employ an individual upon successful completion of the training; and
(x) training programs
operated by the private
sector.
;
(iv) by striking subparagraph (E) and
redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F),
respectively;
(v) in
subparagraph (E) (as so redesignated)—
(I) in clause (ii)—
(aa) in the matter preceding subclause (I), by
striking subsection (c) and inserting section
121;
(bb) in
subclause (I), by striking section 122(e) and inserting
section 122(d) and by striking section 122(h) and
inserting section 122(i); and
(cc) in
subclause (II), by striking subsections (e) and (h) and
inserting subsections (d) and (i); and
(II) by striking
clause (iii) and inserting the following:
(iii)
Career
enhancement accounts
An
individual who seeks training services and who is eligible pursuant to
subparagraph (A), may, in consultation with a case manager, select an eligible
provider of training services from the list or identifying information for
providers described in clause (ii)(I). Upon such selection, the one-stop
operator involved shall, to the extent practicable, refer such individual to
the eligible provider of training services, and arrange for payment for such
services through a career enhancement account.
(iv)
Coordination
Each
local board may, through one-stop centers, coordinate career enhancement
accounts with other Federal, State, local, or private job training programs or
sources to assist the individual in obtaining training services from
(notwithstanding any provision of this title) eligible providers for those
programs and sources.
(v)
Assistance
Each
local board may, through one-stop centers, assist individuals receiving career
enhancement accounts in obtaining funds (in addition to the funds provided
under this section) from other programs and sources that will assist the
individual in obtaining training
services.
;
and
(vi) in subparagraph (F) (as so
redesignated)—
(I) in the subparagraph heading, by striking
individual training
accounts and inserting career enhancement
accounts;
(II) in clause (i), by
striking individual training accounts and inserting
career enhancement accounts;
(III) in clause
(ii)—
(aa) by striking an individual training
account and inserting a career enhancement
account;
(bb) by
striking subparagraph (F) and inserting subparagraph
(E);
(cc) in
subclause (II), by striking individual training accounts and
inserting career enhancement accounts;
(dd) in
subclause (II), by striking or after the semicolon;
(ee) in
subclause (III), by striking the period and inserting ; or;
and
(ff) by
adding at the end the following:
(IV) the local board determines that it would be
most appropriate to award a contract to a postsecondary educational institution
that has been identified as a priority eligible provider under section
117(d)(5)(B) in order to facilitate the training of multiple individuals in
in-demand industries or occupations important to the State or local economy,
that such contract may be used to enable the expansion of programs provided by
a priority eligible provider, and that such contract does not limit customer
choice.
;
(IV) in clause (iii), by striking adult
or dislocated worker and inserting individual;
and
(V) in clause
(iv)—
(aa) by redesignating subclause (IV) as
subclause (V); and
(bb) by inserting after subclause (III) the
following:
(IV) Individuals with
disabilities.
;
(6) in subsection (d) (as so
redesignated)—
(A) by amending paragraph (1) to read as
follows:
(1)
Discretionary
one-stop delivery activities
(A)
In
general
Funds allocated to a
local area under section 133(b)(2) may be used to provide, through the one-stop
delivery system—
(i) customized screening and referral of
qualified participants in training services to employers;
(ii) customized
employment-related services to employers on a fee-for-service basis;
(iii) customer
supports, including transportation and child care, to navigate among multiple
services and activities for special participant populations that face multiple
barriers to employment, including individuals with disabilities;
(iv) employment and
training assistance provided in coordination with child support enforcement
activities of the State agency carrying out subtitle D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.);
(v) incorporation of
pay-for-performance contract strategies as an element in funding activities
under this section;
(vi) activities to
facilitate remote access to services provided through a one-stop delivery
system, including facilitating access through the use of technology; and
(vii) activities to
carry out business services and strategies that meet the workforce investment
needs of local area employers, as determined by the local board, consistent
with the local plan under section
118.
;
(B) by striking
paragraphs (2) and (3); and
(C) by adding at the
end the following:
(2)
Incumbent worker
training programs
(A)
In
general
The local board may
use funds allocated to a local area under section 133(b)(2) to carry out
incumbent worker training programs in accordance with this paragraph.
(B)
Training
activities
The training programs for incumbent workers under this
paragraph shall be carried out by the local area in conjunction with the
employers of such workers for the purpose of assisting such workers in
obtaining the skills necessary to retain employment and avert layoffs.
(C)
Employer match
required
(i)
In
general
Employers
participating in programs under this paragraph shall be required to pay a
proportion of the costs of providing the training to the incumbent workers of
the employers. The local board shall establish the required payment toward such
costs, which may include in-kind contributions.
(ii)
Calculation of
match
The wages paid by an employer to a worker while they are
attending training may be included as part of the required payment of the
employer.
;
and
(7) by adding at the end the following:
(e)
Priority for
Placement in Private Sector Jobs
In providing employment and training
activities authorized under this section, the State board and local board shall
give priority to placing participants in jobs in the private sector.
(f)
Veteran
employment specialist
(1)
In
general
Subject to paragraph
(8), a local board shall hire and employ one or more veteran employment
specialists to carry out employment, training, supportive, and placement
services under this subsection in the local area served by the local
board.
(2)
Principal
duties
A veteran employment specialist in a local area
shall—
(A) conduct outreach
to employers in the local area to assist veterans, including disabled veterans,
in gaining employment, including—
(i) conducting
seminars for employers; and
(ii) in conjunction
with employers, conducting job search workshops, and establishing job search
groups; and
(B) facilitate the
furnishing of employment, training, supportive, and placement services to
veterans, including disabled and homeless veterans, in the local area.
(3)
Hiring
preference for veterans and individuals with expertise in serving
veterans
Subject to paragraph
(8), a local board shall, to the maximum extent practicable, employ veterans or
individuals with expertise in serving veterans to carry out the services
described in paragraph (2) in the local area served by the local board. In
hiring an individual to serve as a veteran employment specialist, a local board
shall give preference to veterans and other individuals in the following
order:
(A) To
service-connected disabled veterans.
(B) If no veteran
described in subparagraph (A) is available, to veterans.
(C) If no veteran
described in subparagraph (A) or (B) is available, to any member of the Armed
Forces transitioning out of military service.
(D) If no veteran or
member described in subparagraph (A), (B), or (C) is available, to any spouse
of a veteran or a spouse of a member of the Armed Forces transitioning out of
military service.
(E) If no veteran or
member described in subparagraph (A), (B), or (C) is available and no spouse
described in paragraph (D) is available, to any other individuals with
expertise in serving veterans.
(4)
Administration
and reporting
(A)
In
general
Each veteran employment specialist shall be
administratively responsible to the one-stop operator of the one-stop center in
the local area and shall provide, at a minimum, quarterly reports to the
one-stop operator of such center and to the Assistant Secretary for Veterans’
Employment and Training for the State on the specialist's performance, and
compliance by the specialist with Federal law (including regulations), with
respect to the—
(i) principal duties
(including facilitating the furnishing of services) for veterans described in paragraph (2);
and
(ii) hiring
preferences described in paragraph (3) for veterans and other
individuals.
(B)
Report to
Secretary
Each State shall submit to the Secretary an annual
report on the qualifications used by each local board in the State in making
hiring determinations for a veteran employment specialist and the salary
structure under which such specialist is compensated.
(C)
Report to
Congress
The Secretary shall
submit to the Committee on Education and the Workforce and the Committee on
Veterans’ Affairs of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the
Senate an annual report summarizing the reports submitted under subparagraph
(B), and including summaries of outcomes achieved by participating veterans,
disaggregated by local areas.
(5)
Part-time
employees
A part-time veteran employment specialist shall perform
the functions of a veteran employment specialist under this subsection on a
halftime basis.
(6)
Training
requirements
Each veteran employment specialist described in
paragraph (2) shall satisfactorily complete training provided by the National
Veterans' Employment and Training Institute during the 3-year period that
begins on the date on which the employee is so assigned.
(7)
Specialist’s
duties
A full-time veteran
employment specialist shall perform only duties related to employment,
training, supportive, and placement services under this subsection, and shall
not perform other non-veteran-related duties if such duties detract from the
specialist’s ability to perform the specialist's duties related to employment,
training, supportive, and placement services under this subsection.
(8)
State
option
At the request of a
local board, a State may opt to assume the duties assigned to the local board
under paragraphs (1) and (3), including the hiring and employment of one or
more veteran employment specialists for placement in the local area served by
the local
board.
.
114.
Performance
accountability system
Section
136 (29 U.S.C.
2871) is amended—
(1) in subsection
(b)—
(A) by amending
paragraphs (1) and (2) to read as follows:
(1)
In
general
For each State, the State performance measures shall
consist of—
(A)
(i) the core indicators of
performance described in paragraph (2)(A); and
(ii) additional indicators of
performance (if any) identified by the State under paragraph (2)(B); and
(B) a State adjusted
level of performance for each indicator described in subparagraph (A).
(2)
Indicators of
performance
(A)
Core indicators
of performance
(i)
In
general
The core indicators
of performance for the program of employment and training activities authorized
under sections 132(a)(2) and 134, the program of adult education and family
literacy education activities authorized under title II, and the program
authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title
(29 U.S.C.
732, 741), shall consist of the following indicators of
performance (with performance determined in the aggregate and as disaggregated
by the populations identified in the State and local plan in each case):
(I) The percentage and
number of program participants who are in unsubsidized employment during the
second full calendar quarter after exit from the program.
(II) The percentage
and number of program participants who are in unsubsidized employment during
the fourth full calendar quarter after exit from the program.
(III) The difference
in the median earnings of program participants who are in unsubsidized
employment during the second full calendar quarter after exit from the program,
compared to the median earnings of such participants prior to participation in
such program.
(IV) The percentage
and number of program participants who obtain a recognized postsecondary
credential (such as an industry-recognized credential or a certificate from a
registered apprenticeship program), or a regular secondary school diploma or
its recognized equivalent (subject to clause (ii)), during participation in or
within 1 year after exit from the program.
(V) The percentage and number of program
participants who, during a program year—
(aa) are
in an education or training program that leads to a recognized postsecondary
credential (such as an industry-recognized credential or a certificate from a
registered apprenticeship program), a certificate from an on-the-job training
program, a regular secondary school diploma or its recognized equivalent, or
unsubsidized employment; and
(bb) are
achieving measurable basic skill gains toward such a credential, certificate,
diploma, or employment.
(VI) The percentage and number of program
participants who obtain unsubsidized employment in the field relating to the
training services described in section 134(c)(4) that such participants
received.
(ii)
Indicator
relating to credential
For purposes of clause (i)(IV), program
participants who obtain a regular secondary school diploma or its recognized
equivalent shall be included in the percentage counted as meeting the criterion
under such clause only if such participants (in addition to obtaining such
diploma or its recognized equivalent), within 1 year after exit from the
program, have obtained or retained employment, have been removed from public
assistance, or have begun an education or training program leading to a
recognized postsecondary credential.
(B)
Additional
indicators
A State may identify in the State plan additional
indicators for workforce investment activities authorized under this
subtitle.
;
and
(B) in paragraph
(3)—
(i) in
subparagraph (A)—
(I) in the heading, by
striking and customer
satisfaction indicator;
(II) in clause (i), by
striking and the customer satisfaction indicator described in paragraph
(2)(B);
(III) in clause (ii),
by striking and the customer satisfaction indicator of performance, for
the first 3 and inserting , for all 3;
(IV) in clause
(iii)—
(aa) in
the heading, by striking for
first 3 years; and
(bb) by
striking and the customer satisfaction indicator of performance, for the
first 3 program years and inserting for all 3 program
years;
(V) in clause
(iv)—
(aa) by
striking or (v);
(bb) by
striking subclause (I) and redesignating subclauses (II) and (III) as
subclauses (I) and (II), respectively; and
(cc) in
subclause (I) (as so redesignated)— (AA) by
inserting , such as unemployment rates and job losses or gains in
particular industries after economic conditions;
and (BB) by
inserting , such as indicators of poor work experience, dislocation from
high-wage employment, low levels of literacy or English proficiency, disability
status (including disability status among veterans), and welfare
dependency, after program;
(VI) by striking
clause (v) and redesignating clause (vi) as clause (v); and
(VII) in clause (v)
(as so redesignated)—
(aa) by
striking described in clause (iv)(II) and inserting
described in clause (iv)(I); and
(bb) by
striking or (v); and
(ii) in
subparagraph (B), by striking paragraph (2)(C) and inserting
paragraph (2)(B);
(2) in subsection
(c)—
(A) by amending clause (i) of paragraph (1)(A)
to read as follows:
(i) the core indicators of performance
described in subsection (b)(2)(A) for activities described in such subsection,
other than statewide workforce investment activities;
and
;
(B) in clause (ii) of paragraph (1)(A), by
striking (b)(2)(C) and inserting (b)(2)(B);
and
(C) by amending
paragraph (3) to read as follows:
(3)
Determinations
In
determining such local levels of performance, the local board, the chief
elected official, and the Governor shall ensure such levels are adjusted based
on the specific economic conditions (such as unemployment rates and job losses
or gains in particular industries), or demographic characteristics or other
characteristics of the population to be served, in the local
area.
;
(3) in subsection
(d)—
(A) in paragraph
(1)—
(i) by
striking 127 or;
(ii) by
striking and the customer satisfaction indicator each place it
appears; and
(iii) in
the last sentence, by inserting before the period the following: , and
on the amount and percentage of the State’s annual allotment under section 132
the State spends on administrative costs and on the amount and percentage of
its annual allocation under section 133 each local area in the State spends on
administrative costs;
(B) in paragraph
(2)—
(i) by
striking subparagraphs (A), (B), and (D);
(ii) by
redesignating subparagraph (C) as subparagraph (A);
(iii) by
redesignating subparagraph (E) as subparagraph (B);
(iv) in
subparagraph (B), as so redesignated—
(I) by striking
(excluding participants who received only self-service and informational
activities); and
(II) by striking and at the
end;
(v) by striking subparagraph (F); and
(vi) by
adding at the end the following:
(C) with respect to
each local area in the State—
(i) the number of
individuals who received work ready services described in section 134(c)(2) and
the number of individuals who received training services described in section
134(c)(4), during the most recent program year and fiscal year, and the
preceding 5 program years, disaggregated (for individuals who received work
ready services) by the type of entity that provided the work ready services and
disaggregated (for individuals who received training services) by the type of
entity that provided the training services, and the amount of funds spent on
each of the 2 types of services during the most recent program year and fiscal
year, and the preceding 5 fiscal years;
(ii) the number of
individuals who successfully exited out of work ready services described in
section 134(c)(2) and the number of individuals who exited out of training
services described in section 134(c)(4), during the most recent program year
and fiscal year, and the preceding 5 program years, disaggregated (for
individuals who received work ready services) by the type of entity that
provided the work ready services and disaggregated (for individuals who
received training services) by the type of entity that provided the training
services; and
(iii) the average cost
per participant of those individuals who received work ready services described
in section 134(c)(2) and the average cost per participant of those individuals
who received training services described in section 134(c)(4), during the most
recent program year and fiscal year, and the preceding 5 program years,
disaggregated (for individuals who received work ready services) by the type of
entity that provided the work ready services and disaggregated (for individuals
who received training services) by the type of entity that provided the
training services; and
(D) the amount of funds spent on training
services and discretionary activities described in section 134(d),
disaggregated by the populations identified under section 112(b)(16)(A)(iv) and
section
118(b)(10).
;
(C) in paragraph
(3)(A), by striking through publication and inserting
through electronic means; and
(D) by adding at the
end the following:
(4)
Data
validation
In preparing the reports described in this subsection,
each State shall establish procedures, consistent with guidelines issued by the
Secretary, to ensure the information contained in the reports is valid and
reliable.
(5)
State and local
policies
(A)
State
policies
Each State that receives an allotment under section 132
shall maintain a central repository of policies related to access, eligibility,
availability of services, and other matters, and plans approved by the State
board and make such repository available to the public, including by electronic
means.
(B)
Local
policies
Each local area that receives an allotment under section
133 shall maintain a central repository of policies related to access,
eligibility, availability of services, and other matters, and plans approved by
the local board and make such repository available to the public, including by
electronic
means.
;
(4) in subsection
(g)—
(A) in paragraph
(1)—
(i) in
subparagraph (A), by striking or (B); and
(ii) in
subparagraph (B), by striking may reduce by not more than 5
percent, and inserting shall reduce; and
(B) by striking
paragraph (2) and inserting the following:
(2)
Funds resulting
from reduced allotments
The Secretary shall return to the
Treasury the amount retained, as a result of a reduction in an allotment to a
State made under paragraph
(1)(B).
;
(5) in subsection
(h)—
(A) in paragraph (1),
by striking or (B); and
(B) in paragraph
(2)—
(i) in
subparagraph (A), by amending the matter preceding clause (i) to read as
follows:
(A)
In
general
If such failure continues for a second consecutive year,
the Governor shall take corrective actions, including the development of a
reorganization plan. Such plan
shall—
;
(ii) by
redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D),
respectively;
(iii) by
inserting after subparagraph (A), the following:
(B)
Reduction in the
amount of grant
If such failure continues for a third consecutive
year, the Governor shall reduce the amount of the grant that would (in the
absence of this subparagraph) be payable to the local area under such program
for the program year after such third consecutive year. Such penalty shall be
based on the degree of failure to meet local levels of
performance.
;
(iv) in
subparagraph (C)(i) (as so redesignated), by striking a reorganization
plan under subparagraph (A) may, not later than 30 days after receiving notice
of the reorganization plan, appeal to the Governor to rescind or revise such
plan and inserting corrective action under subparagraph (A) or
(B) may, not later than 30 days after receiving notice of the action, appeal to
the Governor to rescind or revise such action; and
(v) in
subparagraph (D) (as so redesignated), by striking subparagraph
(B) each place it appears and inserting subparagraph
(C);
(6) in subsection
(i)—
(A) in paragraph
(1)—
(i) in
subparagraph (B), by striking subsection (b)(2)(C) and inserting
subsection (b)(2)(B); and
(ii) in
subparagraph (C), by striking (b)(3)(A)(vi) and inserting
(b)(3)(A)(v);
(B) in paragraph (2),
by striking the activities described in section 502 concerning;
and
(C) in paragraph (3),
by striking described in paragraph (1) and in the activities described
in section 502 and inserting and activities described in this
subsection; and
(7) by adding at the
end the following new subsections:
(j)
Use of core
indicators for other programs
Consistent with the requirements of
the applicable authorizing laws, the Secretary shall use the core indicators of
performance described in subsection (b)(2)(A) to assess the effectiveness of
the programs described in section 121(b)(1)(B) (in addition to the programs
carried out under chapter 5) that are carried out by the Secretary.
(k)
Establishing
pay-for-Performance incentives
(1)
In
general
At the discretion of the Governor of a State, a State may
establish an incentive system for local boards to implement pay-for-performance
contract strategies for the delivery of employment and training activities in
the local areas served by the local boards.
(2)
Implementation
A
State that establishes a pay-for-performance incentive system shall reserve not
more than 10 percent of the total amount allotted to the State under section
132(b)(2) for a fiscal year to provide funds to local areas in the State whose
local boards have implemented a pay-for-performance contract strategy.
(3)
Evaluations
A
State described in paragraph (2) shall use funds reserved by the State under
section 133(a)(1) to evaluate the return on investment of pay-for-performance
contract strategies implemented by local boards in the
State.
.
115.
Authorization
of appropriations
Section 137
(29 U.S.C.
2872) is amended to read as follows:
137.
Authorization
of appropriations
There are
authorized to be appropriated to carry out the activities described in section
132, $5,945,639,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years.
.
C
Job Corps
116.
Job Corps
purposes
Paragraph (1) of
section 141 (29
U.S.C. 2881(1)) is amended to read as follows:
(1) to maintain a national Job Corps program
for at-risk youth, carried out in partnership with States and communities, to
assist eligible youth to connect to the workforce by providing them with
intensive academic, career and technical education, and service-learning
opportunities, in residential and nonresidential centers, in order for such
youth to obtain regular secondary school diplomas and recognized postsecondary
credentials leading to successful careers in in-demand industries that will
result in opportunities for
advancement;
.
117.
Job Corps
definitions
Section 142
(29 U.S.C.
2882) is amended—
(1) in paragraph
(2)—
(A) in the paragraph
heading, by striking Applicable one-stop and inserting
One-stop;
(B) by striking
applicable;
(C) by striking
customer service; and
(D) by striking
intake and inserting assessment;
(2) in paragraph (4),
by striking before completing the requirements and all that
follows and inserting prior to becoming a graduate.; and
(3) in paragraph (5),
by striking has completed the requirements and all that follows
and inserting the following: who, as a result of participation in the
Job Corps program, has received a regular secondary school diploma, completed
the requirements of a career and technical education and training program, or
received, or is making satisfactory progress (as defined under section 484(c)
of the Higher Education Act of 1965 (20 U.S.C. 1091(c))) toward
receiving, a recognized postsecondary credential (including an
industry-recognized credential) that prepares individuals for employment
leading to economic self-sufficiency..
118.
Individuals
eligible for the Job Corps
Section 144 (29 U.S.C. 2884) is amended—
(1) by amending
paragraph (1) to read as follows:
(1) not less than age
16 and not more than age 24 on the date of
enrollment;
;
(2) in paragraph
(3)(B), by inserting secondary before school;
and
(3) in paragraph
(3)(E), by striking vocational and inserting career and
technical education and.
119.
Recruitment,
screening, selection, and assignment of enrollees
Section 145 (29 U.S.C. 2885) is amended—
(1) in subsection
(a)—
(A) in paragraph
(2)(C)(i) by striking vocational and inserting career and
technical education and training; and
(B) in paragraph
(3)—
(i) by
striking To the extent practicable, the and inserting
The;
(ii) in
subparagraph (A)—
(I) by striking
applicable; and
(II) by inserting
and after the semicolon;
(iii) by
striking subparagraphs (B) and (C); and
(iv) by
adding at the end the following:
(B) organizations that
have a demonstrated record of effectiveness in placing at-risk youth into
employment.
;
(2) in subsection
(b)—
(A) in paragraph
(1)—
(i) in
subparagraph (B), by inserting and agrees to such rules after
failure to observe the rules; and
(ii) by amending subparagraph (C) to read as
follows:
(C) the individual has passed a background
check conducted in accordance with procedures established by the Secretary,
which shall include—
(i) a search of the State criminal registry or
repository in the State where the individual resides and each State where the
individual previously resided;
(ii) a
search of State-based child abuse and neglect registries and databases in the
State where the individual resides and each State where the individual
previously resided;
(iii) a search of the
National Crime Information Center;
(iv) a
Federal Bureau of Investigation fingerprint check using the Integrated
Automated Fingerprint Identification System; and
(v) a
search of the National Sex Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et
seq.).
;
and
(B) by adding at the
end the following new paragraph:
(3)
Individuals
convicted of a crime
An
individual shall be ineligible for enrollment if the individual—
(A) makes a false statement in connection with
the criminal background check described in paragraph (1)(C);
(B) is registered or is required to be
registered on a State sex offender registry or the National Sex Offender
Registry established under the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C.
16901 et seq.); or
(C) has been convicted of a felony consisting
of—
(i) homicide;
(ii) child abuse or
neglect;
(iii) a crime against
children, including child pornography;
(iv) a
crime involving rape or sexual assault; or
(v) physical assault,
battery, or a drug-related offense, committed within the past 5
years.
;
(3) in subsection
(c)—
(A) in paragraph
(1)—
(i) by
striking 2 years and inserting year; and
(ii) by
striking an assignment and inserting a;
and
(B) in paragraph
(2)—
(i) in
the matter preceding subparagraph (A), by striking , every 2
years,;
(ii) in
subparagraph (B), by striking and at the end;
(iii) in
subparagraph (C)—
(I) by inserting
the education and training after including;
and
(II) by striking the
period at the end and inserting ; and; and
(iv) by adding at the
end the following:
(D) the performance of
the Job Corps center relating to the indicators described in paragraphs (1) and
(2) in section 159(c), and whether any actions have been taken with respect to
such center pursuant to section 159(f).
;
and
(4) in subsection
(d)—
(A) in paragraph
(1)—
(i) in
the matter preceding subparagraph (A), by striking is closest to the
home of the enrollee, except that the and inserting offers the
type of career and technical education and training selected by the individual
and, among the centers that offer such education and training, is closest to
the home of the individual. The;
(ii) by
striking subparagraph (A); and
(iii) by
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
(B) in paragraph (2),
by inserting that offers the career and technical education and training
desired by after home of the enrollee.
120.
Job Corps
centers
Section 147
(29 U.S.C.
2887) is amended—
(1) in subsection
(a)—
(A) in paragraph
(1)(A), by striking vocational both places it appears and
inserting career and technical; and
(B) in paragraph
(2)—
(i) in
subparagraph (A)—
(I) by striking
subsections (c) and (d) of section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253) and inserting
subsections (a) and (b) of
section
3304 of title 41, United States Code; and
(II) by striking
industry council and inserting workforce
council;
(ii) in
subparagraph (B)(i)—
(I) by amending
subclause (II) to read as follows:
(II) the ability of
the entity to offer career and technical education and training that the
workforce council proposes under section
154(c);
;
(II) in subclause
(III), by striking is familiar with the surrounding communities,
applicable and inserting demonstrates relationships with the
surrounding communities, employers, workforce boards, and by striking
and at the end;
(III) by amending
subclause (IV) to read as follows:
(IV) the performance
of the entity, if any, relating to operating or providing activities described
in this subtitle to a Job Corps center, including the entity’s demonstrated
effectiveness in assisting individuals in achieving the primary and secondary
indicators of performance described in paragraphs (1) and (2) of section
159(c); and
;
and
(IV) by adding at the
end the following new subclause:
(V) the ability of the
entity to demonstrate a record of successfully assisting at-risk youth to
connect to the workforce, including by providing them with intensive academic,
and career and technical education and
training.
;
and
(iii) in
subparagraph (B)(ii)—
(I) by striking
, as appropriate; and
(II) by striking
through (IV) and inserting through (V);
(2) in subsection (b),
by striking In any year, no more than 20 percent of the individuals
enrolled in the Job Corps may be nonresidential participants in the Job
Corps.;
(3) by amending
subsection (c) to read as follows:
(c)
Civilian
conservation centers
(1)
In
general
The Job Corps centers may include Civilian Conservation
Centers, operated under an agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in rural areas. Such
centers shall adhere to all the provisions of this subtitle, and shall provide,
in addition to education, career and technical education and training, and
workforce preparation skills training described in section 148, programs of
work experience to conserve, develop, or manage public natural resources or
public recreational areas or to develop community projects in the public
interest.
(2)
Selection
process
The Secretary shall select an entity that submits an
application under subsection (d) to operate a Civilian Conservation Center on a
competitive basis, as provided in subsection
(a).
;
and
(4) by striking
subsection (d) and inserting the following:
(d)
Application
To
be eligible to operate a Job Corps center under this subtitle, an entity shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require, including—
(1) a description of
the program activities that will be offered at the center, including how the
career and technical education and training reflect State and local employment
opportunities, including in in-demand industries;
(2) a description of
the counseling, placement, and support activities that will be offered at the
center, including a description of the strategies and procedures the entity
will use to place graduates into unsubsidized employment upon completion of the
program;
(3) a description of
the demonstrated record of effectiveness that the entity has in placing at-risk
youth into employment, including past performance of operating a Job Corps
center under this subtitle;
(4) a description of
the relationships that the entity has developed with State and local workforce
boards, employers, State and local educational agencies, and the surrounding
communities in an effort to promote a comprehensive statewide workforce
investment system;
(5) a description of
the strong fiscal controls the entity has in place to ensure proper accounting
of Federal funds, and a description of how the entity will meet the
requirements of section 159(a);
(6) a description of
the strategies and policies the entity will utilize to reduce participant
costs;
(7) a description of
the steps taken to control costs in accordance with section 159(a)(3);
(8) a detailed budget
of the activities that will be supported using funds under this
subtitle;
(9) a detailed budget
of the activities that will be supported using funds from non-Federal
resources;
(10) an assurance the
entity will comply with the administrative cost limitation included in section
151(c);
(11) an assurance the
entity is licensed to operate in the State in which the center is located;
and
(12) an assurance the
entity will comply with and meet basic health and safety codes, including those
measures described in section 152(b).
(e)
Length of
agreement
The agreement described in subsection (a)(1)(A) shall
be for not longer than a 2-year period. The Secretary may renew the agreement
for 3 1-year periods if the entity meets the requirements of subsection
(f).
(f)
Renewal
(1)
In
general
Subject to paragraph (2), the Secretary may renew the
terms of an agreement described in subsection (a)(1)(A) for an entity to
operate a Job Corps center if the center meets or exceeds each of the
indicators of performance described in section 159(c)(1).
(2)
Recompetition
(A)
In
general
Notwithstanding paragraph (1), the Secretary shall not
renew the terms of the agreement for an entity to operate a Job Corps center if
such center is ranked in the bottom quintile of centers described in section
159(f)(2) for any program year. Such entity may submit a new application under
subsection (d) only if such center has shown significant improvement on the
indicators of performance described in section 159(c)(1) over the last program
year.
(B)
Violations
The
Secretary shall not select an entity to operate a Job Corps center if such
entity or such center has been found to have a systemic or substantial material
failure that involves—
(i) a
threat to the health, safety, or civil rights of program participants or
staff;
(ii) the misuse of
funds received under this subtitle;
(iii) loss of legal
status or financial viability, loss of permits, debarment from receiving
Federal grants or contracts, or the improper use of Federal funds;
(iv) failure to meet
any other Federal or State requirement that the entity has shown an
unwillingness or inability to correct, after notice from the Secretary, within
the period specified; or
(v) an
unresolved area of noncompliance.
(g)
Current
grantees
Not later than 60
days after the date of enactment of the SKILLS Act and notwithstanding any
previous grant award or renewals of such award under this subtitle, the
Secretary shall require all entities operating a Job Corps center under this
subtitle to submit an application under subsection (d) to carry out the
requirements of this
section.
.
121.
Program
activities
Section 148
(29 U.S.C.
2888) is amended—
(1) by amending subsection (a) to read as
follows:
(a)
Activities
provided through job corps centers
(1)
In
General
Each Job Corps center shall provide enrollees with an
intensive, well-organized, and supervised program of education, career and
technical education and training, work experience, recreational activities,
physical rehabilitation and development, and counseling. Each Job Corps center
shall provide enrollees assigned to the center with access to work ready
services described in section 134(c)(2).
(2)
Relationship to
opportunities
(A)
In
general
The activities provided under this subsection shall be
targeted to helping enrollees, on completion of their enrollment—
(i) secure and
maintain meaningful unsubsidized employment;
(ii) complete
secondary education and obtain a regular secondary school diploma;
(iii) enroll in and
complete postsecondary education or training programs, including obtaining
recognized postsecondary credentials (such as industry-recognized credentials
and certificates from registered apprenticeship programs); or
(iv) satisfy Armed
Forces requirements.
(B)
Link to
employment opportunities
The career and technical education and
training provided shall be linked to the employment opportunities in in-demand
industries in the State in which the Job Corps center is
located.
;
(2) in subsection
(b)—
(A) in the subsection
heading, by striking Education and Vocational and inserting
Academic and Career and
Technical Education and;
(B) by striking
may after The Secretary and inserting
shall; and
(C) by striking
vocational each place it appears and inserting career and
technical; and
(3) by amending
paragraph (3) of subsection (c) to read as follows:
(3)
Demonstration
Each
year, any operator seeking to enroll additional enrollees in an advanced career
training program shall demonstrate, before the operator may carry out such
additional enrollment, that—
(A) participants in
such program have achieved a satisfactory rate of completion and placement in
training-related jobs; and
(B) such operator has
met or exceeded the indicators of performance described in paragraphs (1) and
(2) of section 159(c) for the previous
year.
.
122.
Counseling and
job placement
Section 149
(29 U.S.C.
2889) is amended—
(1) in subsection (a),
by striking vocational and inserting career and technical
education and;
(2) in subsection
(b)—
(A) by striking
make every effort to arrange to; and
(B) by striking to assist and inserting assist; and
(3) by striking
subsection (d).
123.
Support
Subsection (b) of section 150
(29 U.S.C.
2890) is amended to read as follows:
(b)
Transition
allowances and support for graduates
The Secretary shall arrange for a
transition allowance to be paid to graduates. The transition allowance shall be
incentive-based to reflect a graduate’s completion of academic, career and
technical education or training, and attainment of a recognized postsecondary
credential, including an industry-recognized
credential.
.
124.
Operations
Section 151 (29 U.S.C. 2891) is amended—
(1) in the header, by
striking Operating
plan. and inserting Operations.;
(2) in subsection (a),
by striking In
General.— and inserting Operating
Plan.—;
(3) by striking
subsection (b) and redesignating subsection (c) as subsection (b);
(4) by amending
subsection (b) (as so redesignated)—
(A) in the heading by
inserting of Operating
Plan after Availability; and
(B) by striking
subsections (a) and (b) and inserting subsection
(a); and
(5) by adding at the
end the following new subsection:
(c)
Administrative
costs
Not more than 10
percent of the funds allotted under section 147 to an entity selected to
operate a Job Corps center may be used by the entity for administrative costs
under this
subtitle.
.
125.
Community
participation
Section 153
(29 U.S.C.
2893) is amended to read as follows:
153.
Community
participation
The director of
each Job Corps center shall encourage and cooperate in activities to establish
a mutually beneficial relationship between Job Corps centers in the State and
nearby communities. Such activities may include the use of any local workforce
development boards established under section 117 to provide a mechanism for
joint discussion of common problems and for planning programs of mutual
interest.
.
126.
Workforce
councils
Section 154
(29 U.S.C.
2894) is amended to read as follows:
154.
Workforce
councils
(a)
In
general
Each Job Corps center shall have a workforce council
appointed by the Governor of the State in which the Job Corps center is
located.
(b)
Workforce
council composition
(1)
In
General
A workforce council shall be comprised of—
(A) business members
of the State board described in section 111(b)(1)(B)(i);
(B) business members
of the local boards described in section 117(b)(2)(A) located in the
State;
(C) a representative
of the State board described in section 111(f); and
(D) such other
representatives and State agency officials as the Governor may
designate.
(2)
Majority
A
2/3 majority of the members of the workforce council shall
be representatives described in paragraph (1)(A).
(c)
Responsibilities
The
responsibilities of the workforce council shall be—
(1) to review all the
relevant labor market information, including related information in the State
plan described in section 112, to—
(A) determine the
in-demand industries in the State in which enrollees intend to seek employment
after graduation;
(B) determine the
skills and education that are necessary to obtain the employment opportunities
described in subparagraph (A); and
(C) determine the type
or types of career and technical education and training that will be
implemented at the center to enable the enrollees to obtain the employment
opportunities; and
(2) to meet at least
once a year to reevaluate the labor market information, and other relevant
information, to determine any necessary changes in the career and technical
education and training provided at the
center.
.
127.
Technical
assistance
Section 156
(29 U.S.C.
2896) is amended to read as follows:
156.
Technical
assistance to centers
(a)
In
general
From the funds
reserved under section 132(a)(3), the Secretary shall provide, directly or
through grants, contracts, or other agreements or arrangements as the Secretary
considers appropriate, technical assistance and training for the Job Corps
program for the purposes of improving program quality.
(b)
Activities
In
providing training and technical assistance and for allocating resources for
such assistance, the Secretary shall—
(1) assist entities,
including those entities not currently operating a Job Corps center, in
developing the application described in section 147(d);
(2) assist Job Corps
centers and programs in correcting deficiencies and violations under this
subtitle;
(3) assist Job Corps
centers and programs in meeting or exceeding the indicators of performance
described in paragraphs (1) and (2) of section 159(c); and
(4) assist Job Corps
centers and programs in the development of sound management practices,
including financial management
procedures.
.
128.
Special
provisions
Section 158(c)(1)
(29 U.S.C.
2989(c)(1)) is amended by striking title II of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et
seq.) and inserting chapter 5 of title 40,
United States Code,.
129.
Performance
accountability management
Section 159 (29 U.S.C. 2899) is amended—
(1) in the section
heading, by striking Management Information and inserting
Performance Accountability
and Management;
(2) in subsection
(a)(3), by inserting before the period at the end the following: , or
operating costs for such centers result in a budgetary
shortfall;
(3) by striking
subsections (c) through (g); and
(4) by inserting after
subsection (b) the following:
(c)
Indicators of
Performance
(1)
Primary
indicators
The annual primary indicators of performance for Job
Corps centers shall include—
(A) the percentage and
number of enrollees who graduate from the Job Corps center;
(B) the percentage and
number of graduates who entered unsubsidized employment related to the career
and technical education and training received through the Job Corps center,
except that such calculation shall not include enrollment in education, the
military, or volunteer service;
(C) the percentage and
number of graduates who obtained a recognized postsecondary credential,
including an industry-recognized credential or a certificate from a registered
apprenticeship program; and
(D) the cost per
successful performance outcome, which is calculated by comparing the number of
graduates who were placed in unsubsidized employment or obtained a recognized
postsecondary credential, including an industry-recognized credential, to total
program costs, including all operations, construction, and administration costs
at each Job Corps center.
(2)
Secondary
indicators
The annual secondary indicators of performance for Job
Corps centers shall include—
(A) the percentage and
number of graduates who entered unsubsidized employment not related to the
career and technical education and training received through the Job Corps
center;
(B) the percentage and
number of graduates who entered into postsecondary education;
(C) the percentage and
number of graduates who entered into the military;
(D) the average wage
of graduates who are in unsubsidized employment—
(i) on
the first day of employment; and
(ii) 6
months after the first day;
(E) the number and
percentage of graduates who entered unsubsidized employment and were retained
in the unsubsidized employment—
(i) 6
months after the first day of employment; and
(ii) 12 months after
the first day of employment;
(F) the percentage and
number of enrollees compared to the percentage and number of enrollees the
Secretary has established as targets in section 145(c)(1);
(G) the cost per
training slot, which is calculated by comparing the program’s maximum number of
enrollees that can be enrolled in a Job Corps center at any given time during
the program year to the number of enrollees in the same program year;
and
(H) the number and
percentage of former enrollees, including the number dismissed under the zero
tolerance policy described in section 152(b).
(3)
Indicators of
performance for recruiters
The annual indicators of performance
for recruiters shall include the measurements described in subparagraph (A) of
paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).
(4)
Indicators of
performance of career transition service providers
The annual
indicators of performance of career transition service providers shall include
the measurements described in subparagraphs (B) and (C) of paragraph (1) and
subparagraphs (B), (C), (D), and (E) of paragraph (2).
(d)
Additional
information
The Secretary shall collect, and submit in the report
described in subsection (f), information on the performance of each Job Corps
center, and the Job Corps program, regarding—
(1) the number and
percentage of former enrollees who obtained a regular secondary school
diploma;
(2) the number and
percentage of former enrollees who entered unsubsidized employment;
(3) the number and
percentage of former enrollees who obtained a recognized postsecondary
credential, including an industry-recognized credential;
(4) the number and
percentage of former enrollees who entered into military service; and
(5) any additional
information required by the Secretary.
(e)
Methods
The
Secretary shall collect the information described in subsections (c) and (d),
using methods described in section 136(f)(2) and consistent with State law, by
entering into agreements with the States to access such data for Job Corps
enrollees, former enrollees, and graduates.
(f)
Transparency and
accountability
(1)
Report
The Secretary shall collect and annually
submit to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and Pensions of
the Senate, and make available to the public by electronic means, a report
containing—
(A) information on the
performance of each Job Corps center, and the Job Corps program, on the
performance indicators described in paragraphs (1) and (2) of subsection
(c);
(B) a comparison of
each Job Corps center, by rank, on the performance indicators described in
paragraphs (1) and (2) of subsection (c);
(C) a comparison of
each Job Corps center, by rank, on the average performance of all primary
indicators described in paragraph (1) of subsection (c);
(D) information on the
performance of the service providers described in paragraphs (3) and (4) of
subsection (c) on the performance indicators established under such paragraphs;
and
(E) a comparison of
each service provider, by rank, on the performance of all service providers
described in paragraphs (3) and (4) of subsection (c) on the performance
indicators established under such paragraphs.
(2)
Assessment
The
Secretary shall conduct an annual assessment of the performance of each Job
Corps center which shall include information on the Job Corps centers
that—
(A) are ranked in the
bottom 10 percent on the performance indicator described in paragraph (1)(C);
or
(B) have failed a
safety and health code review described in subsection (g).
(3)
Performance
improvement
With respect to a Job Corps center that is identified
under paragraph (2) or reports less than 50 percent on the performance
indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the
Secretary shall develop and implement a 1 year performance improvement plan.
Such a plan shall require action including—
(A) providing
technical assistance to the center;
(B) changing the
management staff of the center;
(C) replacing the
operator of the center;
(D) reducing the
capacity of the center; or
(E) closing the
center.
(4)
Closure of job
corps centers
Job Corps
centers that have been identified under paragraph (2) for more than 4
consecutive years shall be closed. The Secretary shall ensure—
(A) that the proposed
decision to close the center is announced in advance to the general public
through publication in the Federal Register and other appropriate means;
and
(B) the establishment
of a reasonable comment period, not to exceed 30 days, for interested
individuals to submit written comments to the Secretary.
(g)
Participant
health and safety
The Secretary shall enter into an agreement
with the General Services Administration or the appropriate State agency
responsible for inspecting public buildings and safeguarding the health of
disadvantaged students, to conduct an in-person review of the physical
condition and health-related activities of each Job Corps center annually. Such
review shall include a passing rate of occupancy under Federal and State
ordinances.
.
D
National Programs
130.
Technical
assistance
Section 170
(29 U.S.C.
2915) is amended—
(1) by striking
subsection (b);
(2) by
striking:
(a)
General
technical
assistance
;
(3) by redesignating paragraphs (1), (2), and
(3) as subsections (a), (b), and (c) respectively, and moving such subsections
2 ems to the left, and conforming the casing style of the headings of such
subsections to the casing style of the heading of subsection (d), as added by
paragraph (7) of this section;
(4) in subsection (a)
(as so redesignated)—
(A) by inserting
the training of staff providing rapid response services and additional
assistance, the training of other staff of recipients of funds under this
title, assistance regarding accounting and program operation practices (when
such assistance would not be duplicative to assistance provided by the State),
technical assistance to States that do not meet State performance measures
described in section 136, after localities,; and
(B) by striking
from carrying out activities and all that follows up to the
period and inserting to implement the amendments made by the SKILLS
Act;
(5) in subsection (b)
(as so redesignated)—
(A) by striking
paragraph (1) and inserting subsection
(a);
(B) by striking
, or recipient of financial assistance under any of sections 166 through
169,; and
(C) by striking
or grant recipient;
(6) in subsection (c)
(as so redesignated), by striking paragraph (1) and inserting
subsection (a); and
(7) by inserting,
after subsection (c) (as so redesignated), the following:
(d)
Best practices
coordination
The Secretary shall—
(1) establish a system
through which States may share information regarding best practices with regard
to the operation of workforce investment activities under this Act; and
(2) evaluate and
disseminate information regarding best practices and identify knowledge
gaps.
.
131.
Evaluations
Section 172 (29 U.S.C. 2917) is amended—
(1) in subsection (a),
by striking the Secretary shall provide for the continuing evaluation of
the programs and activities, including those programs and activities carried
out under section 171 and inserting the Secretary, through
grants, contracts, or cooperative agreements, shall conduct, at least once
every 5 years, an independent evaluation of the programs and activities funded
under this Act;
(2) by amending
subsection (a)(4) to read as follows:
(4) the impact of
receiving services and not receiving services under such programs and
activities on the community, businesses, and
individuals;
;
(3) by amending
subsection (c) to read as follows:
(c)
Techniques
Evaluations
conducted under this section shall utilize appropriate and rigorous methodology
and research designs, including the use of control groups chosen by scientific
random assignment methodologies, quasi-experimental methods, impact analysis
and the use of administrative data. The Secretary shall conduct an impact
analysis, as described in subsection (a)(4), of the formula grant program under
subtitle B not later than 2016, and thereafter shall conduct such an analysis
not less than once every 4
years.
;
(4) in subsection (e),
by striking the Committee on Labor and Human Resources of the
Senate and inserting the Committee on Health, Education, Labor,
and Pensions of the Senate;
(5) by redesignating subsection (f) as
subsection (g) and inserting after subsection (e) the following:
(f)
Reduction of
amounts authorized To be appropriated for late reporting
If a report required to be transmitted to
Congress under this section is not transmitted on or before the time period
specified for that report, amounts authorized to be appropriated under this
title shall be reduced by 10 percent for the fiscal year that begins after the
date on which the final report required under this section is required to be
transmitted and reduced by an additional 10 percent each subsequent fiscal year
until each such report is transmitted to
Congress.
;
and
(6) by adding at the
end, the following:
(h)
Public
availability
The results of the evaluations conducted under this
section shall be made publicly available, including by posting such results on
the Department’s
website.
.
E
Administration
132.
Requirements
and restrictions
Section 181
(29 U.S.C.
2931) is amended—
(1) in subsection
(b)(6), by striking , including representatives of businesses and of
labor organizations,;
(2) in subsection
(c)(2)(A), in the matter preceding clause (i), by striking shall
and inserting may;
(3) in subsection
(e)—
(A) by striking
training for and inserting the entry into employment,
retention in employment, or increases in earnings of; and
(B) by striking
subtitle B and inserting this Act;
(4) in subsection
(f)(4), by striking 134(a)(3)(B) and inserting
133(a)(4); and
(5) by adding at the
end the following:
(g)
Salary and bonus
limitation
(1)
In
general
No funds provided
under this title shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of the rate prescribed in level II of the Executive
Schedule under section 5315 of title 5, United States Code.
(2)
Vendors
The limitation described in paragraph (1)
shall not apply to vendors providing goods and services as defined in OMB
Circular A–133.
(3)
Lower
limit
In a case in which a
State is a recipient of such funds, the State may establish a lower limit than
is provided in paragraph (1) for salaries and bonuses of those receiving
salaries and bonuses from a subrecipient of such funds, taking into account
factors including the relative cost of living in the State, the compensation
levels for comparable State or local government employees, and the size of the
organizations that administer the Federal programs involved.
(h)
General
authority
(1)
In
general
The Employment and
Training Administration of the Department of Labor (referred to in this Act as
the Administration) shall administer all programs authorized
under title I and the Wagner-Peyser Act (29 U.S.C. 49 et seq.). The
Administration shall be headed by an Assistant Secretary appointed by the
President by and with the advice and consent of the Senate. Except for title II
and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Administration
shall be the principal agency, and the Assistant Secretary shall be the
principal officer, of such Department for carrying out this Act.
(2)
Qualifications
The
Assistant Secretary shall be an individual with substantial experience in
workforce development and in workforce development management. The Assistant
Secretary shall also, to the maximum extent possible, possess knowledge and
have worked in or with the State or local workforce investment system or have
been a member of the business community.
(3)
Functions
In
the performance of the functions of the office, the Assistant Secretary shall
be directly responsible to the Secretary or the Deputy Secretary of Labor, as
determined by the Secretary. The functions of the Assistant Secretary shall not
be delegated to any officer not directly responsible, both with respect to
program operation and administration, to the Assistant Secretary. Any reference
in this Act to duties to be carried out by the Assistant Secretary shall be
considered to be a reference to duties to be carried out by the Secretary
acting through the Assistant
Secretary.
.
133.
Prompt
allocation of funds
Section
182 (29 U.S.C.
2932) is amended—
(1) in subsection
(c)—
(A) by striking
127 or; and
(B) by striking
, except that and all that follows and inserting a period;
and
(2) in subsection
(e)—
(A) by striking
sections 128 and 133 and inserting section 133;
and
(B) by striking
127 or.
134.
Fiscal
controls; sanctions
Section
184(a)(2) (29 U.S.C.
2934(a)(2)) is amended—
(1) by striking
(A) and all that follows through Each and
inserting Each; and
(2) by striking
subparagraph (B).
135.
Reports to
Congress
Section 185
(29 U.S.C.
2935) is amended—
(1) in subsection
(c)—
(A) in paragraph (2),
by striking and after the semicolon;
(B) in paragraph (3),
by striking the period and inserting ; and; and
(C) by adding at the
end the following:
(4) shall have the
option to submit or disseminate electronically any reports, records, plans, or
other data that are required to be collected or disseminated under this
title.
;
and
(2) in subsection
(e)(2), by inserting and the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate, after
Secretary,.
136.
Administrative
provisions
Section 189
(29 U.S.C.
2939) is amended—
(1) in subsection
(g)—
(A) by amending
paragraph (1) to read as follows:
(1)
In
general
Appropriations for any fiscal year for programs and
activities carried out under this title shall be available for obligation only
on the basis of a program year. The program year shall begin on October 1 in
the fiscal year for which the appropriation is
made.
;
and
(B) in paragraph
(2)—
(i) in the first sentence, by
striking each State and inserting each recipient (except as otherwise provided in this
paragraph); and
(ii) in the second sentence, by
striking 171 or;
(2) in subsection
(i)—
(A) by striking
paragraphs (2) and (3);
(B) by redesignating
paragraph (4) as paragraph (2);
(C) by amending
paragraph (2)(A), as so redesignated—
(i) in
clause (i), by striking ; and and inserting a period at the
end;
(ii) by
striking requirements of subparagraph (B) and all that follows
through any of the statutory or regulatory requirements of subtitle
B and inserting requirements of subparagraph (B) or (D), any of
the statutory or regulatory requirements of subtitle B; and
(iii) by
striking clause (ii); and
(D) by adding at the
end the following:
(D)
Expedited
process for extending approved waivers to additional states
The
Secretary may establish an expedited procedure for the purpose of extending to
additional States the waiver of statutory or regulatory requirements that have
been approved for a State pursuant to a request under subparagraph (B), in lieu
of requiring the additional States to meet the requirements of subparagraphs
(B) and (C). Such procedure shall ensure that the extension of such a waiver to
additional States is accompanied by appropriate conditions relating to the
implementation of such waiver.
(E)
External
Conditions
The Secretary shall not require or impose new or
additional requirements, that are not specified under this Act, on a State in
exchange for providing a waiver to the State or a local area in the State under
this
paragraph.
.
137.
State
legislative authority
Section
191(a) (29 U.S.C.
2941(a)) is amended—
(1) by striking
consistent with the provisions of this title and inserting
consistent with State law and the provisions of this title;
and
(2) by striking
consistent with the terms and conditions required under this
title and inserting consistent with State law and the terms and
conditions required under this title.
138.
General program
requirements
Section 195
(29 U.S.C.
2945) is amended—
(1) in paragraph (7),
by inserting at the end the following:
(D) Funds received under a program by a public
or private nonprofit entity that are not described in subparagraph (B), such as
funds privately raised from philanthropic foundations, businesses, or other
private entities, shall not be considered to be income under this title and
shall not be subject to the requirements of this
paragraph.
;
(2) by striking
paragraph (9);
(3) by redesignating
paragraphs (10) through (13) as paragraphs (9) through (12),
respectively; and
(4) by adding at the
end the following new paragraphs:
(13) Funds provided
under this title shall not be used to establish or operate stand-alone
fee-for-service enterprises that compete with private sector employment
agencies within the meaning of section 701(c) of the Civil Rights Act of 1964
(42 U.S.C.
2000e(c)), except that for purposes of this paragraph, such an
enterprise does not include a one-stop center.
(14) Any report
required to be submitted to Congress, or to a Committee of Congress, under this
title shall be submitted to both the chairmen and ranking minority members of
the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate.
.
139.
Federal agency
staff and restrictions on political and lobbying activities
Subtitle E of title I (29 U.S.C. 2931 et
seq.) is amended by adding at the end the following new
sections:
196.
Federal agency
staff
The Director of the
Office of Management and Budget shall—
(1) not later than 60
days after the date of the enactment of the SKILLS Act—
(A) identify the
number of Federal government employees who, on the day before the date of
enactment of the SKILLS Act, worked on or administered each of the programs and
activities that were authorized under this Act or were authorized under a
provision listed in section 401 of the SKILLS Act; and
(B) identify the number of full-time equivalent
employees who on the day before that date of enactment, worked on or
administered each of the programs and activities described in subparagraph (A),
on functions for which the authorizing provision has been repealed, or for
which an amount has been consolidated (if such employee is in a duplicate position), on or after such date of
enactment;
(2) not later than 90 after such date of
enactment, publish the information described in paragraph (1) on the Office of
Management and Budget website; and
(3) not later than 1
year after such date of enactment—
(A) reduce the
workforce of the Federal Government by the number of full-time equivalent
employees identified under paragraph (1)(B); and
(B) submit to Congress
a report on how the Director carried out the requirements of subparagraph
(A).
197.
Restrictions on
lobbying and political activities
(a)
Lobbying
restrictions
(1)
Publicity
restrictions
(A)
In
general
Subject to subparagraph (B), no funds provided under this
Act shall be used or proposed for use, for—
(i) publicity or
propaganda purposes; or
(ii) the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the enactment
of legislation before the Congress or any State or local legislature or
legislative body.
(B)
Exception
Subparagraph (A) shall not apply to—
(i) normal and
recognized executive-legislative relationships;
(ii) the preparation,
distribution, or use of the materials described in subparagraph (A)(ii) in
presentation to the Congress or any State or local legislature or legislative
body (except that this subparagraph does not apply with respect to such
preparation, distribution, or use in presentation to the executive branch of
any State or local government); or
(iii) such
preparation, distribution, or use of such materials, that are designed to
support or defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government.
(2)
Salary payment
restriction
No funds provided
under this Act shall be used, or proposed for use, to pay the salary or
expenses of any grant or contract recipient, or agent acting for such
recipient, related to any activity designed to influence the enactment or
issuance of legislation, appropriations, regulations, administrative action, or
an Executive order proposed or pending before the Congress or any State
government, or a State or local legislature or legislative body, other than for
normal and recognized executive-legislative relationships or participation by
an agency or officer of a State, local, or tribal government in policymaking
and administrative processes within the executive branch of that
government.
(b)
Political
restrictions
(1)
In
general
No funds received by
a participant of a program or activity under this Act shall be used for—
(A) any partisan or
nonpartisan political activity or any other political activity associated with
a candidate, or contending faction or group, in an election for public or party
office; or
(B) any activity to
provide voters with transportation to the polls or similar assistance in
connection with any such election.
(2)
Restriction on
voter registration activities
No funds under this Act shall be used to
conduct voter registration activities.
(3)
Definition
For the purposes of this subsection, the
term participant includes any State, local area, or government,
nonprofit, or for-profit entity receiving funds under this
Act.
.
F
State unified plan
140.
State unified
plan
Section 501
(20 U.S.C.
9271) is amended—
(1) by amending
subsection (a) to read as follows:
(a)
General
authority
The Secretary shall
receive and approve State unified plans developed and submitted in accordance
with this
section.
;
(2) by amending
subsection (b) to read as follows:
(b)
State unified
plan
(1)
In
general
A State may develop and submit to the Secretary a State
unified plan for 2 or more of the activities or programs set forth in paragraph
(2). The State unified plan shall cover one or more of the activities or
programs set forth in subparagraphs (A) and (B) of paragraph (2) and shall cover
one or more of the activities or programs set forth in subparagraphs (C)
through (N) of paragraph (2).
(2)
Activities and
programs
For purposes of paragraph (1), the term activity
or program means any 1 of the following 14 activities or
programs:
(A) Activities and
programs authorized under title I.
(B) Activities and
programs authorized under title II.
(C) Programs
authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et
seq.).
(D) Secondary career
and technical education programs authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
(E) Postsecondary
career and technical education programs authorized under the Carl D. Perkins
Career and Technical Education Act of 2006.
(F) Activities and
programs authorized under title II of the Trade Act of 1974 (19 U.S.C. 2251 et
seq.).
(G) Programs and
activities authorized under the Act of August 16, 1937 (commonly known as the
National Apprenticeship Act; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.).
(H) Programs
authorized under the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.).
(I) Programs
authorized under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.).
(J) Programs
authorized under State unemployment compensation laws (in accordance with
applicable Federal law).
(K) Work programs
authorized under section 6(o) of the Food and Nutrition Act of 1977 (7 U.S.C.
2015(o)).
(L) Activities and
programs authorized under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
(M) Activities and
programs authorized under the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.).
(N) Activities
authorized under
chapter 41 of title 38,
United States Code.
;
(3) by amending subsection (d) to read as
follows:
(d)
Approval
(1)
Jurisdiction
In approving a State unified plan under
this section, the Secretary shall—
(A) submit the portion of the State unified
plan covering an activity or program described in subsection (b)(2) to the head
of the Federal agency who exercises administrative authority over the activity
or program for the approval of such portion by such Federal agency head;
or
(B) coordinate approval of the portion of the
State unified plan covering an activity or program described in subsection
(b)(2) with the head of the Federal agency who exercises administrative
authority over the activity or program.
(2)
Timeline
A State unified plan shall be considered to
be approved by the Secretary at the end of the 90-day period beginning on the
day the Secretary receives the plan, unless the Secretary makes a written
determination, during the 90-day period, that details how the plan is not
consistent with the requirements of the Federal statute authorizing an activity
or program described in subsection (b)(2) and covered under the plan or how the
plan is not consistent with the requirements of subsection (c)(3).
(3)
Scope of
portion
For purposes of
paragraph (1), the portion of the State unified plan covering an activity or
program shall be considered to include the plan described in subsection (c)(3)
and any proposal described in subsection (e)(2), as that part and proposal
relate to the activity or program.
;
and
(4) by adding at the
end the following:
(e)
Additional
employment and training funds
(1)
Purpose
It is the purpose of this subsection to
reduce inefficiencies in the administration of federally funded State and local
employment and training programs.
(2)
In
general
In developing a State
unified plan for the activities or programs described in subsection (b)(2), and
subject to paragraph (4) and to the State plan approval process under
subsection (d), a State may propose to consolidate the amount, in whole or
part, provided for the activities or programs covered by the plan into the
Workforce Investment Fund under section 132(b) to improve the administration of
State and local employment and training programs.
(3)
Requirements
A State that has a State unified plan
approved under subsection (d) with a proposal for consolidation under paragraph
(2), and that is carrying out such consolidation, shall—
(A) in providing an activity or program for
which an amount is consolidated into the Workforce Investment Fund—
(i) continue to meet the program requirements,
limitations, and prohibitions of any Federal statute authorizing the activity
or program; and
(ii) meet the intent
and purpose for the activity or program; and
(B) continue to make
reservations and allotments under subsections (a) and (b) of section
133.
(4)
Exceptions
A
State may not consolidate an amount under paragraph (2) that is allocated to
the State under—
(A) the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
or
(B) title I of the
Rehabilitation Act of 1973 (29 U.S.C. 710 et
seq.).
.
II
Adult Education and Family Literacy Education
201.
Amendment
Title II (20 U.S.C. 9201 et seq.) is amended
to read as follows:
II
ADULT EDUCATION
AND FAMILY LITERACY EDUCATION
201.
Short
title
This title may be cited
as the Adult Education and Family Literacy Education Act.
202.
Purpose
It is the purpose of this title to provide
instructional opportunities for adults seeking to improve their literacy
skills, including their basic reading, writing, speaking, and mathematics skills, and
support States and local communities in providing, on a voluntary basis, adult
education and family literacy education programs, in order to—
(1) increase the
literacy of adults, including the basic reading, writing, speaking, and mathematics
skills, to a level of proficiency necessary for adults to obtain employment and
self-sufficiency and to successfully advance in the workforce;
(2) assist adults in
the completion of a secondary school education (or its equivalent) and the
transition to a postsecondary educational institution;
(3) assist adults who
are parents to enable them to support the educational development of their
children and make informed choices regarding their children’s education
including, through instruction in basic reading, writing, speaking, and mathematics
skills; and
(4) assist adults who
are not proficient in English in improving their reading, writing, speaking,
listening, comprehension, and mathematics skills.
203.
Definitions
In this title:
(1)
Adult education
and family literacy education programs
The term adult
education and family literacy education programs means a sequence of
academic instruction and educational services below the postsecondary level
that increase an individual’s ability to read, write, and speak English and
perform mathematical computations leading to a level of proficiency equivalent
to at least a secondary school completion that is provided for
individuals—
(A) who are at least
16 years of age;
(B) who are not
enrolled or required to be enrolled in secondary school under State law;
and
(C) who—
(i) lack sufficient
mastery of basic reading, writing, speaking, and mathematics skills to enable the
individuals to function effectively in society;
(ii) do not have a
secondary school diploma or its equivalent and have not achieved an equivalent
level of education; or
(iii) are English
learners.
(2)
Eligible
agency
The term eligible agency—
(A) means the primary
entity or agency in a State or an outlying area responsible for administering
or supervising policy for adult education and family literacy education
programs in the State or outlying area, respectively, consistent with the law
of the State or outlying area, respectively; and
(B) may be the State
educational agency, the State agency responsible for administering workforce
investment activities, or the State agency responsible for administering
community or technical colleges.
(3)
Eligible
provider
The term eligible provider means an
organization of demonstrated effectiveness that is—
(A) a local
educational agency;
(B) a community-based
or faith-based organization;
(C) a volunteer
literacy organization;
(D) an institution of
higher education;
(E) a public or
private educational agency;
(F) a library;
(G) a public housing
authority;
(H) an institution
that is not described in any of subparagraphs (A) through (G) and has the
ability to provide adult education, basic skills, and family literacy education
programs to adults and families; or
(I) a consortium of
the agencies, organizations, institutions, libraries, or authorities described
in any of subparagraphs (A) through (H).
(4)
English language
acquisition program
The term English language acquisition
program means a program of instruction—
(A) designed to help
English learners achieve competence in reading, writing, speaking, and
comprehension of the English language; and
(B) that may lead
to—
(i) attainment of a
secondary school diploma or its recognized equivalent;
(ii) transition to
success in postsecondary education and training; and
(iii) employment or
career advancement.
(5)
Family literacy
education program
The term family literacy education
program means an educational program that—
(A) assists parents
and students, on a voluntary basis, in achieving the purpose of this title as
described in section 202; and
(B) is of sufficient
intensity in terms of hours and of sufficient quality to make sustainable
changes in a family, is evidence-based, and, for the purpose of substantially
increasing the ability of parents and children to read, write, and speak
English, integrates—
(i) interactive
literacy activities between parents and their children;
(ii) training for
parents regarding how to be the primary teacher for their children and full
partners in the education of their children;
(iii) parent literacy
training that leads to economic self-sufficiency; and
(iv) an
age-appropriate education to prepare children for success in school and life
experiences.
(6)
Governor
The
term Governor means the chief executive officer of a State or
outlying area.
(7)
Individual with
a disability
(A)
In
general
The term individual with a disability means
an individual with any disability (as defined in section 3 of the Americans
with Disabilities Act of 1990).
(B)
Individuals with
disabilities
The term individuals with disabilities
means more than one individual with a disability.
(8)
English
learner
The term English learner means an adult or
out-of-school youth who has limited ability in reading, writing, speaking, or
understanding the English language, and—
(A) whose native
language is a language other than English; or
(B) who lives in a
family or community environment where a language other than English is the
dominant language.
(9)
Integrated
Education and Training
The
term integrated education and training means services that provide
adult education and literacy activities contextually and concurrently with
workforce preparation activities and workforce training for a specific
occupation or occupational cluster. Such services may include offering adult
education services concurrent with postsecondary education and training,
including through co-instruction.
(10)
Institution of
higher education
The term institution of higher
education has the meaning given the term in section 101 of the Higher
Education Act of 1965.
(11)
Literacy
The
term literacy means an individual’s ability to read, write, and
speak in English, compute, and solve problems at a level of proficiency
necessary to obtain employment and to successfully make the transition to
postsecondary education.
(12)
Local
educational agency
The term local educational agency
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
(13)
Outlying
area
The term outlying area has the meaning given
the term in section 101 of this Act.
(14)
Postsecondary
educational institution
The term postsecondary educational
institution means—
(A) an institution of
higher education that provides not less than a 2-year program of instruction
that is acceptable for credit toward a bachelor’s degree;
(B) a tribally
controlled community college; or
(C) a nonprofit
educational institution offering certificate or apprenticeship programs at the
postsecondary level.
(15)
Secretary
The
term Secretary means the Secretary of Education.
(16)
State
The
term State means each of the several States of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(17)
State
educational agency
The term State educational agency
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
(18)
Workplace
literacy program
The term workplace literacy program
means an educational program that is offered in collaboration between eligible
providers and employers or employee organizations for the purpose of improving
the productivity of the workforce through the improvement of reading, writing,
speaking, and mathematics skills.
204.
Home
schools
Nothing in this title
shall be construed to affect home schools, whether or not a home school is
treated as a home school or a private school under State law, or to compel a
parent engaged in home schooling to participate in adult education and family
literacy education activities under this title.
205.
Authorization
of appropriations
There are
authorized to be appropriated to carry out this title, $606,294,933 for fiscal
year 2015 and for each of the 6 succeeding fiscal years.
A
Federal
Provisions
211.
Reservation of
funds; grants to eligible agencies; allotments
(a)
Reservation of
funds
From the sums appropriated under section 205 for a fiscal
year, the Secretary shall reserve 2.0 percent to carry out section 242.
(b)
Grants to
eligible agencies
(1)
In
general
From the sums appropriated under section 205 and not
reserved under subsection (a) for a fiscal year, the Secretary shall award a
grant to each eligible agency having a State plan approved under section 224 in
an amount equal to the sum of the initial allotment under subsection (c)(1) and
the additional allotment under subsection (c)(2) for the eligible agency for
the fiscal year, subject to subsections (f) and (g).
(2)
Purpose of
grants
The Secretary may award a grant under paragraph (1) only
if the eligible agency involved agrees to expend the grant in accordance with
the provisions of this title.
(c)
Allotments
(1)
Initial
allotments
From the sums appropriated under section 205 and not
reserved under subsection (a) for a fiscal year, the Secretary shall allot to
each eligible agency having a State plan approved under section 224—
(A) $100,000, in the
case of an eligible agency serving an outlying area; and
(B) $250,000, in the
case of any other eligible agency.
(2)
Additional
allotments
From the sums appropriated under section 205, not
reserved under subsection (a), and not allotted under paragraph (1), for a
fiscal year, the Secretary shall allot to each eligible agency that receives an
initial allotment under paragraph (1) an additional amount that bears the same
relationship to such sums as the number of qualifying adults in the State or
outlying area served by the eligible agency bears to the number of such adults
in all States and outlying areas.
(d)
Qualifying
adult
For the purpose of subsection (c)(2), the term
qualifying adult means an adult who—
(1) is at least 16
years of age;
(2) is beyond the age
of compulsory school attendance under the law of the State or outlying
area;
(3) does not have a
secondary school diploma or its recognized equivalent; and
(4) is not enrolled in
secondary school.
(e)
Special
rule
(1)
In
general
From amounts made available under subsection (c) for the
Republic of Palau, the Secretary shall award grants to Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to
carry out activities described in this title in accordance with the provisions
of this title as determined by the Secretary.
(2)
Termination of
eligibility
Notwithstanding any other provision of law, the
Republic of Palau shall be eligible to receive a grant under this title until
an agreement for the extension of United States education assistance under the
Compact of Free Association for the Republic of Palau becomes effective.
(f)
Hold-Harmless
provisions
(1)
In
general
Notwithstanding subsection (c) and subject to paragraph
(2), for—
(A) fiscal year 2015,
no eligible agency shall receive an allotment under this title that is less
than 90 percent of the allotment the eligible agency received for fiscal year
2012 under this title; and
(B) fiscal year 2016
and each succeeding fiscal year, no eligible agency shall receive an allotment
under this title that is less than 90 percent of the allotment the eligible
agency received for the preceding fiscal year under this title.
(2)
Ratable
reduction
If, for any fiscal year the amount available for
allotment under this title is insufficient to satisfy the provisions of
paragraph (1), the Secretary shall ratable reduce the payments to all eligible
agencies, as necessary.
(g)
Reallotment
The
portion of any eligible agency’s allotment under this title for a fiscal year
that the Secretary determines will not be required for the period such
allotment is available for carrying out activities under this title, shall be
available for reallotment from time to time, on such dates during such period
as the Secretary shall fix, to other eligible agencies in proportion to the
original allotments to such agencies under this title for such year.
212.
Performance
accountability system
Programs
and activities authorized under this title are subject to the performance
accountability provisions described in paragraphs (2)(A) and (3) of section
136(b) and may, at a State’s discretion, include additional indicators
identified in the State plan approved under section 224.
B
State
Provisions
221.
State
administration
Each eligible
agency shall be responsible for the following activities under this
title:
(1) The development,
submission, implementation, and monitoring of the State plan.
(2) Consultation with
other appropriate agencies, groups, and individuals that are involved in, or
interested in, the development and implementation of activities assisted under
this title.
(3) Coordination and
avoidance of duplication with other Federal and State education, training,
corrections, public housing, and social service programs.
222.
State
distribution of funds; matching requirement
(a)
State
distribution of funds
Each eligible agency receiving a grant
under this title for a fiscal year—
(1) shall use not less than 82.5 percent of the grant funds to award grants and
contracts under section 231 and to carry out section 225, of which not more
than 10 percent of such amount shall be available to carry out section
225;
(2) shall use not more
than 12.5 percent of the grant funds to carry out State leadership activities
under section 223; and
(3) shall use not more
than 5 percent of the grant funds, or $65,000, whichever is greater, for the
administrative expenses of the eligible agency.
(b)
Matching
requirement
(1)
In
general
In order to receive a grant from the Secretary under
section 211(b), each eligible agency shall provide, for the costs to be
incurred by the eligible agency in carrying out the adult education and family
literacy education programs for which the grant is awarded, a non-Federal
contribution in an amount that is not less than—
(A) in the case of an
eligible agency serving an outlying area, 12 percent of the total amount of
funds expended for adult education and family literacy education programs in
the outlying area, except that the Secretary may decrease the amount of funds
required under this subparagraph for an eligible agency; and
(B) in the case of an
eligible agency serving a State, 25 percent of the total amount of funds
expended for adult education and family literacy education programs in the
State.
(2)
Non-federal
contribution
An eligible agency’s non-Federal contribution
required under paragraph (1) may be provided in cash or in kind, fairly
evaluated, and shall include only non-Federal funds that are used for adult
education and family literacy education programs in a manner that is consistent
with the purpose of this title.
223.
State
leadership activities
(a)
In
general
Each eligible agency may use funds made available under
section 222(a)(2) for any of the following adult education and family literacy
education programs:
(1) The establishment
or operation of professional development programs to improve the quality of
instruction provided pursuant to local activities required under section
231(b).
(2) The provision of
technical assistance to eligible providers of adult education and family
literacy education programs, including for the development and dissemination of
evidence based research instructional practices in reading, writing, speaking,
mathematics, and English language acquisition programs.
(3) The provision of
assistance to eligible providers in developing, implementing, and reporting
measurable progress in achieving the objectives of this title.
(4) The monitoring and
evaluation of the quality of, and the improvement in, adult education and
literacy activities.
(5) The provision of
technology assistance, including staff training, to eligible providers of adult
education and family literacy education programs, including distance education
activities, to enable the eligible providers to improve the quality of such
activities.
(6) The development
and implementation of technology applications or distance education, including
professional development to support the use of instructional technology.
(7) Coordination with
other public programs, including programs under title I of this Act, and other
welfare-to-work, workforce development, and job training programs.
(8) Coordination with
existing support services, such as transportation, child care, and other
assistance designed to increase rates of enrollment in, and successful
completion of, adult education and family literacy education programs, for
adults enrolled in such activities.
(9) The development
and implementation of a system to assist in the transition from adult basic
education to postsecondary education.
(10) Activities to
promote workplace literacy programs.
(11) Other activities
of statewide significance, including assisting eligible providers in achieving
progress in improving the skill levels of adults who participate in programs
under this title.
(12) Integration of
literacy, instructional, and occupational skill training and promotion of
linkages with employees.
(b)
Coordination
In
carrying out this section, eligible agencies shall coordinate where possible,
and avoid duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
(c)
State-Imposed
requirements
Whenever a State or outlying area implements any
rule or policy relating to the administration or operation of a program
authorized under this title that has the effect of imposing a requirement that
is not imposed under Federal law (including any rule or policy based on a State
or outlying area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to eligible providers,
the rule or policy as being imposed by the State or outlying area.
224.
State
plan
(a)
3-Year
plans
(1)
In
general
Each eligible agency desiring a grant under this title
for any fiscal year shall submit to, or have on file with, the Secretary a
3-year State plan.
(2)
State unified
plan
The eligible agency may submit the State plan as part of a
State unified plan described in section 501.
(b)
Plan
contents
The eligible agency shall include in the State plan or
any revisions to the State plan—
(1) an objective
assessment of the needs of individuals in the State or outlying area for adult
education and family literacy education programs, including individuals most in
need or hardest to serve;
(2) a description of
the adult education and family literacy education programs that will be carried
out with funds received under this title;
(3) an assurance that
the funds received under this title will not be expended for any purpose other
than for activities under this title;
(4) a description of how the eligible agency
will annually evaluate and measure the effectiveness and improvement of the
adult education and family literacy education programs funded under this title
using the indicators of performance described in section 136, including how the
eligible agency will conduct such annual evaluations and measures for each
grant received under this title;
(5) a description of
how the eligible agency will fund local activities in accordance with the
measurable goals described in section 231(d);
(6) an assurance that
the eligible agency will expend the funds under this title only in a manner
consistent with fiscal requirements in section 241;
(7) a description of
the process that will be used for public participation and comment with respect
to the State plan, which—
(A) shall include
consultation with the State workforce investment board, the State board
responsible for administering community or technical colleges, the Governor,
the State educational agency, the State board or agency responsible for
administering block grants for temporary assistance to needy families under
title IV of the Social Security Act, the State council on disabilities, the
State vocational rehabilitation agency, and other State agencies that promote
the improvement of adult education and family literacy education programs, and
direct providers of such programs; and
(B) may include
consultation with the State agency on higher education, institutions
responsible for professional development of adult education and family literacy
education programs instructors, representatives of business and industry,
refugee assistance programs, and faith-based organizations;
(8) a description of
the eligible agency’s strategies for serving populations that include, at a
minimum—
(A) low-income
individuals;
(B) individuals with
disabilities;
(C) the
unemployed;
(D) the underemployed;
and
(E) individuals with
multiple barriers to educational enhancement, including English
learners;
(9) a description of
how the adult education and family literacy education programs that will be
carried out with any funds received under this title will be integrated with
other adult education, career development, and employment and training
activities in the State or outlying area served by the eligible agency;
(10) a description of
the steps the eligible agency will take to ensure direct and equitable access,
as required in section 231(c)(1), including—
(A) how the State will
build the capacity of community-based and faith-based organizations to provide
adult education and family literacy education programs; and
(B) how the State will
increase the participation of business and industry in adult education and
family literacy education programs;
(11) an assessment of
the adequacy of the system of the State or outlying area to ensure teacher
quality and a description of how the State or outlying area will use funds
received under this subtitle to improve teacher quality, including
evidence-based professional development to improve instruction; and
(12) a description of
how the eligible agency will consult with any State agency responsible for
postsecondary education to develop adult education that prepares students to
enter postsecondary education without the need for remediation upon completion
of secondary school equivalency programs.
(c)
Plan
revisions
When changes in conditions or other factors require
substantial revisions to an approved State plan, the eligible agency shall
submit the revisions of the State plan to the Secretary.
(d)
Consultation
The
eligible agency shall—
(1) submit the State
plan, and any revisions to the State plan, to the Governor, the chief State
school officer, or the State officer responsible for administering community or
technical colleges, or outlying area for review and comment; and
(2) ensure that any
comments regarding the State plan by the Governor, the chief State school
officer, or the State officer responsible for administering community or
technical colleges, and any revision to the State plan, are submitted to the
Secretary.
(e)
Plan
approval
The Secretary shall—
(1) approve a State
plan within 90 days after receiving the plan unless the Secretary makes a
written determination within 30 days after receiving the plan that the plan
does not meet the requirements of this section or is inconsistent with specific
provisions of this subtitle; and
(2) not finally
disapprove of a State plan before offering the eligible agency the opportunity,
prior to the expiration of the 30-day period beginning on the date on which the
eligible agency received the written determination described in paragraph (1),
to review the plan and providing technical assistance in order to assist the
eligible agency in meeting the requirements of this subtitle.
225.
Programs for
corrections education and other institutionalized individuals
(a)
Program
authorized
From funds made available under section 222(a)(1) for
a fiscal year, each eligible agency shall carry out corrections education and
education for other institutionalized individuals.
(b)
Uses of
funds
The funds described in subsection (a) shall be used for the
cost of educational programs for criminal offenders in correctional
institutions and for other institutionalized individuals, including academic
programs for—
(1) basic skills
education;
(2) special education
programs as determined by the eligible agency;
(3) reading, writing,
speaking, and mathematics programs;
(4) secondary school
credit or diploma programs or their recognized equivalent; and
(5) integrated
education and training.
(c)
Priority
Each
eligible agency that is using assistance provided under this section to carry
out a program for criminal offenders within a correctional institution shall
give priority to serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
(d)
Definitions
In this section:
(1)
Correctional
institution
The term correctional institution means
any—
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center;
or
(F) halfway house,
community-based rehabilitation center, or any other similar institution
designed for the confinement or rehabilitation of criminal offenders.
(2)
Criminal
offender
The term criminal offender means any
individual who is charged with, or convicted of, any criminal offense.
C
Local
Provisions
231.
Grants and
contracts for eligible providers
(a)
Grants and
contracts
From grant funds made available under section
222(a)(1), each eligible agency shall award multi-year grants or contracts, on
a competitive basis, to eligible providers within the State or outlying area
that meet the conditions and requirements of this title to enable the eligible
providers to develop, implement, and improve adult education and family
literacy education programs within the State.
(b)
Local
activities
The eligible agency shall require eligible providers
receiving a grant or contract under subsection (a) to establish or
operate—
(1) programs that
provide adult education and literacy activities;
(2) programs that
provide integrated education and training activities; or
(3) credit-bearing
postsecondary coursework.
(c)
Direct and
equitable access; same process
Each eligible agency receiving
funds under this title shall ensure that—
(1) all eligible
providers have direct and equitable access to apply for grants or contracts
under this section; and
(2) the same grant or
contract announcement process and application process is used for all eligible
providers in the State or outlying area.
(d)
Measurable
goals
The eligible agency shall require eligible providers
receiving a grant or contract under subsection (a) to demonstrate—
(1) the eligible
provider’s measurable goals for participant outcomes to be achieved annually on
the core indicators of performance described in section 136(b)(2)(A);
(2) the past
effectiveness of the eligible provider in improving the basic academic skills
of adults and, for eligible providers receiving grants in the prior year, the
success of the eligible provider receiving funding under this title in
exceeding its performance goals in the prior year;
(3) the commitment of
the eligible provider to serve individuals in the community who are the most in
need of basic academic skills instruction services, including individuals with
disabilities and individuals who are low-income or have minimal reading,
writing, speaking, and mathematics skills, or are English learners;
(4) the program is of
sufficient intensity and quality for participants to achieve substantial
learning gains;
(5) educational
practices are evidence-based;
(6) the activities of
the eligible provider effectively employ advances in technology, and delivery
systems including distance education;
(7) the activities
provide instruction in real-life contexts, including integrated education and
training when appropriate, to ensure that an individual has the skills needed
to compete in the workplace and exercise the rights and responsibilities of
citizenship;
(8) the activities are
staffed by well-trained instructors, counselors, and administrators who meet
minimum qualifications established by the State;
(9) the activities are
coordinated with other available resources in the community, such as through
strong links with elementary schools and secondary schools, postsecondary
educational institutions, local workforce investment boards, one-stop centers,
job training programs, community-based and faith-based organizations, and
social service agencies;
(10) the activities
offer flexible schedules and support services (such as child care and
transportation) that are necessary to enable individuals, including individuals
with disabilities or other special needs, to attend and complete
programs;
(11) the activities
include a high-quality information management system that has the capacity to
report measurable participant outcomes (consistent with section 136) and to
monitor program performance;
(12) the local
communities have a demonstrated need for additional English language
acquisition programs, and integrated education and training programs;
(13) the capacity of
the eligible provider to produce valid information on performance results,
including enrollments and measurable participant outcomes;
(14) adult education
and family literacy education programs offer rigorous reading, writing,
speaking, and mathematics content that are evidence based; and
(15) applications of
technology, and services to be provided by the eligible providers, are of
sufficient intensity and duration to increase the amount and quality of
learning and lead to measurable learning gains within specified time
periods.
(e)
Special
rule
Eligible providers may use grant funds under this title to
serve children participating in family literacy programs assisted under this
part, provided that other sources of funds available to provide similar
services for such children are used first.
232.
Local
application
Each eligible
provider desiring a grant or contract under this title shall submit an
application to the eligible agency containing such information and assurances
as the eligible agency may require, including—
(1) a description of
how funds awarded under this title will be spent consistent with the
requirements of this title;
(2) a description of
any cooperative arrangements the eligible provider has with other agencies,
institutions, or organizations for the delivery of adult education and family
literacy education programs; and
(3) each of the
demonstrations required by section 231(d).
233.
Local
administrative cost limits
(a)
In
general
Subject to subsection (b), of the amount that is made
available under this title to an eligible provider—
(1) at least 95
percent shall be expended for carrying out adult education and family literacy
education programs; and
(2) the remaining
amount shall be used for planning, administration, personnel and professional
development, development of measurable goals in reading, writing, speaking, and
mathematics, and interagency coordination.
(b)
Special
rule
In cases where the cost limits described in subsection (a)
are too restrictive to allow for adequate planning, administration, personnel
development, and interagency coordination, the eligible provider may negotiate
with the eligible agency in order to determine an adequate level of funds to be
used for noninstructional purposes.
D
General
Provisions
241.
Administrative
provisions
Funds made
available for adult education and family literacy education programs under this
title shall supplement and not supplant other State or local public funds
expended for adult education and family literacy education programs.
242.
National
activities
The Secretary shall
establish and carry out a program of national activities that may include the
following:
(1) Providing
technical assistance to eligible entities, on request, to—
(A) improve their
fiscal management, research-based instruction, and reporting requirements to
carry out the requirements of this title;
(B) improve its
performance on the core indicators of performance described in section
136;
(C) provide adult
education professional development; and
(D) use distance
education and improve the application of technology in the classroom, including
instruction in English language acquisition for English learners.
(2) Providing for the
conduct of research on national literacy basic skill acquisition levels among
adults, including the number of adult English learners functioning at different
levels of reading proficiency.
(3) Improving the
coordination, efficiency, and effectiveness of adult education and workforce
development services at the national, State, and local levels.
(4) Determining how
participation in adult education, English language acquisition, and family
literacy education programs prepares individuals for entry into and success in
postsecondary education and employment, and in the case of prison-based
services, the effect on recidivism.
(5) Evaluating how
different types of providers, including community and faith-based organizations
or private for-profit agencies measurably improve the skills of participants in
adult education, English language acquisition, and family literacy education
programs.
(6) Identifying model
integrated basic and workplace skills education programs, including programs
for English learners coordinated literacy and employment services, and
effective strategies for serving adults with disabilities.
(7) Initiating other
activities designed to improve the measurable quality and effectiveness of
adult education, English language acquisition, and family literacy education
programs
nationwide.
.
III
Amendments to the Wagner-Peyser Act
301.
Amendments to
the Wagner-Peyser Act
Section
15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended to read
as follows:
15.
Workforce and
labor market information system
(a)
System
content
(1)
In
general
The Secretary of Labor (referred to in this section as
the Secretary), in accordance with the provisions of this section,
shall oversee the development, maintenance, and continuous improvement of a
nationwide workforce and labor market information system that includes—
(A) statistical data
from cooperative statistical survey and projection programs and data from
administrative reporting systems that, taken together, enumerate, estimate, and
project employment opportunities and conditions at national, State, and local
levels in a timely manner, including statistics on—
(i) employment and
unemployment status of national, State, and local populations, including
self-employed, part-time, and seasonal workers;
(ii) industrial
distribution of occupations, as well as current and projected employment
opportunities, wages, benefits (where data is available), and skill trends by
occupation and industry, with particular attention paid to State and local
conditions;
(iii) the incidence
of, industrial and geographical location of, and number of workers displaced
by, permanent layoffs and plant closings; and
(iv) employment and
earnings information maintained in a longitudinal manner to be used for
research and program evaluation;
(B) information on
State and local employment opportunities, and other appropriate statistical
data related to labor market dynamics, which—
(i) shall be current
and comprehensive;
(ii) shall meet the
needs identified through the consultations described in subparagraphs (C) and
(D) of subsection (e)(1); and
(iii) shall meet the
needs for the information identified in section 121(e)(1)(E) of the Workforce
Investment Act of 1998 (29 U.S.C. 2841(e)(1)(E));
(C) technical
standards (which the Secretary shall publish annually) for data and information
described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of
chapter 35 of title 44,
United States Code;
(D) procedures to
ensure compatibility and additivity of the data and information described in
subparagraphs (A) and (B) from national, State, and local levels;
(E) procedures to
support standardization and aggregation of data from administrative reporting
systems described in subparagraph (A) of employment-related programs;
(F) analysis of data
and information described in subparagraphs (A) and (B) for uses such as—
(i) national, State,
and local policymaking;
(ii) implementation of
Federal policies (including allocation formulas);
(iii) program planning
and evaluation; and
(iv) researching labor
market dynamics;
(G) wide dissemination
of such data, information, and analysis in a user-friendly manner and voluntary
technical standards for dissemination mechanisms; and
(H) programs
of—
(i) training for
effective data dissemination;
(ii) research and
demonstration; and
(iii) programs and
technical assistance.
(2)
Information to
be confidential
(A)
In
general
No officer or employee of the Federal Government or agent
of the Federal Government may—
(i) use any submission
that is furnished for exclusively statistical purposes under the provisions of
this section for any purpose other than the statistical purposes for which the
submission is furnished;
(ii) disclose to the
public any publication or media transmittal of the data contained in the
submission described in clause (i) that permits information concerning an
individual subject to be reasonably inferred by either direct or indirect
means; or
(iii) permit anyone
other than a sworn officer, employee, or agent of any Federal department or
agency, or a contractor (including an employee of a contractor) of such
department or agency, to examine an individual submission described in clause
(i),
without
the consent of the individual, agency, or other person who is the subject of
the submission or provides that submission.
(B)
Immunity from
legal process
Any submission (including any data derived from the
submission) that is collected and retained by a Federal department or agency,
or an officer, employee, agent, or contractor of such a department or agency,
for exclusively statistical purposes under this section shall be immune from
the legal process and shall not, without the consent of the individual, agency,
or other person who is the subject of the submission or provides that
submission, be admitted as evidence or used for any purpose in any action,
suit, or other judicial or administrative proceeding.
(C)
Rule of
construction
Nothing in this section shall be construed to
provide immunity from the legal process for such submission (including any data
derived from the submission) if the submission is in the possession of any
person, agency, or entity other than the Federal Government or an officer,
employee, agent, or contractor of the Federal Government, or if the submission
is independently collected, retained, or produced for purposes other than the
purposes of this Act.
(b)
System
responsibilities
(1)
In
general
The workforce and labor market information system
described in subsection (a) shall be planned, administered, overseen, and
evaluated through a cooperative governance structure involving the Federal
Government and States.
(2)
Duties
The
Secretary, with respect to data collection, analysis, and dissemination of
workforce and labor market information for the system, shall carry out the
following duties:
(A) Assign
responsibilities within the Department of Labor for elements of the workforce
and labor market information system described in subsection (a) to ensure that
all statistical and administrative data collected is consistent with
appropriate Bureau of Labor Statistics standards and definitions.
(B) Actively seek the
cooperation of other Federal agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the development and operation of
statistical and administrative data collection activities.
(C) Eliminate gaps and
duplication in statistical undertakings, with the systemization of wage surveys
as an early priority.
(D) In collaboration
with the Bureau of Labor Statistics and States, develop and maintain the
elements of the workforce and labor market information system described in
subsection (a), including the development of consistent procedures and
definitions for use by the States in collecting the data and information
described in subparagraphs (A) and (B) of subsection (a)(1).
(E) Establish
procedures for the system to ensure that—
(i) such data and
information are timely;
(ii) paperwork and
reporting for the system are reduced to a minimum; and
(iii) States and
localities are fully involved in the development and continuous improvement of
the system at all levels.
(c)
National
electronic tools To provide services
The Secretary is authorized
to assist in the development of national electronic tools that may be used to
facilitate the delivery of work ready services described in section 134(c)(2)
of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)(2)) and to provide workforce and labor market information to individuals through
the one-stop delivery systems described in section 121 and through other
appropriate delivery systems.
(d)
Coordination
with the states
(1)
In
general
The Secretary, working through the Bureau of Labor
Statistics and the Employment and Training Administration, shall regularly
consult with representatives of State agencies carrying out workforce
information activities regarding strategies for improving the workforce and
labor market information system.
(2)
Formal
consultations
At least twice each year, the Secretary, working
through the Bureau of Labor Statistics, shall conduct formal consultations
regarding programs carried out by the Bureau of Labor Statistics with
representatives of each of the Federal regions of the Bureau of Labor
Statistics, elected (pursuant to a process established by the Secretary) from
the State directors affiliated with State agencies that perform the duties
described in subsection (e)(1).
(e)
State
responsibilities
(1)
In
general
In order to receive Federal financial assistance under
this section, the Governor of a State shall—
(A) be responsible for the
management of the portions of the workforce and labor market information system
described in subsection (a) that comprise a statewide workforce and labor
market information system;
(B) establish a
process for the oversight of such system;
(C) consult with State
and local employers, participants, and local workforce investment boards about
the labor market relevance of the data to be collected and disseminated through
the statewide workforce and labor market information system;
(D) consult with State
educational agencies and local educational agencies concerning the provision of
workforce and labor market information in order to meet the needs of secondary
school and postsecondary school students who seek such information;
(E) collect and
disseminate for the system, on behalf of the State and localities in the State,
the information and data described in subparagraphs (A) and (B) of subsection
(a)(1);
(F) maintain and
continuously improve the statewide workforce and labor market information
system in accordance with this section;
(G) perform contract
and grant responsibilities for data collection, analysis, and dissemination for
such system;
(H) conduct such other
data collection, analysis, and dissemination activities as will ensure an
effective statewide workforce and labor market information system;
(I) actively seek the
participation of other State and local agencies in data collection, analysis,
and dissemination activities in order to ensure complementarity, compatibility,
and usefulness of data;
(J) participate in the
development of, and submit to the Secretary, an annual plan to carry out the requirements and authorities of this subsection; and
(K) utilize the
quarterly records described in section 136(f)(2) of the Workforce Investment
Act of 1998 (29 U.S.C. 2871(f)(2)) to assist the State and other States in
measuring State progress on State performance measures.
(2)
Rule of
construction
Nothing in this section shall be construed as
limiting the ability of a Governor to conduct additional data collection,
analysis, and dissemination activities with State funds or with Federal funds
from sources other than this section.
(f)
Nonduplication
requirement
None of the functions and activities carried out
pursuant to this section shall duplicate the functions and activities carried
out under the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et
seq.).
(g)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section $60,153,000 for fiscal year 2015 and each of the 6 succeeding
fiscal years.
.
IV
Repeals and Conforming Amendments
401.
Repeals
The following provisions are
repealed:
(1) Chapter 4 of subtitle B of title I, and
sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503,
and 506 of the Workforce Investment Act of 1998, as in effect on the day before
the date of enactment of the SKILLS Act.
(2) Title V of the
Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(3) Sections 1 through 14 of the Wagner-Peyser
Act (29 U.S.C. 49 et
seq.).
(4) The Twenty-First Century Workforce Commission
Act (29 U.S.C.
2701 note).
(5) Public Law 91–378,
16 U.S.C. 1701 et
seq. (popularly known as the Youth Conservation Corps
Act of 1970).
(6) Section 821 of the
Higher Education Amendments of 1998 (20 U.S.C. 1151).
(7) The Women in
Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.).
(8) Sections
4103A and
4104 of title 38, United States
Code.
402.
Amendments to
other laws
Section 104(k)(6)(A) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C.
9604(k)(6)(A)) is amended by striking training, research, and and inserting research and.
(a)
Amendments to the
Food and Nutrition Act of 2008
(1)
Definition
Section 3(t) of the Food and Nutrition Act
of 2008 (7 U.S.C.
2012(t)) is amended—
(A) by striking
means (1) the agency and inserting the following: “means—
(A) the
agency
;
(B) by striking
programs, and (2) the tribal and inserting the following:
“programs;
(B) the
tribal
; and
(C) by striking
this Act. and inserting the following: “this Act; and
(C) in the context of
employment and training activities under section 6(d)(4), a State board as
defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801).
.
(2)
Eligible
households
Section 5 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(A) in subsection
(d)(14) by striking section 6(d)(4)(I) and inserting
section 6(d)(4)(C), and
(B) in subsection
(g)(3), in the first sentence, by striking constitutes adequate participation in an employment
and training program under section 6(d) and inserting allows the
individual to participate in employment and training activities under section
6(d)(4).
(3)
Eligibility
disqualifications
Section 6(d)(4) of the Food and Nutrition Act
of 2008 (7 U.S.C.
2015(d)(4)) is amended to read as follows:
(D)
Employment and
training
(i)
Implementation
Each State agency shall provide employment
and training services authorized under section 134 of the Workforce Investment
Act of 1998 (29
U.S.C. 2864) to eligible members of households participating in
the supplemental nutrition assistance program in gaining skills, training,
work, or experience that will increase their ability to obtain regular
employment.
(ii)
Statewide
workforce development system
Consistent with subparagraph (A),
employment and training services shall be provided through the statewide
workforce development system, including the one-stop delivery system
authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
(iii)
Reimbursements
(I)
Actual
costs
The State agency shall provide payments or reimbursement to
participants served under this paragraph for—
(aa) the actual costs of transportation and
other actual costs (other than dependent care costs) that are reasonably
necessary and directly related to the individual participating in employment
and training activities; and
(bb) the actual costs of such dependent care
expenses as are determined by the State agency to be necessary for the
individual to participate in employment and training activities (other than an
individual who is the caretaker relative of a dependent in a family receiving
benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) in a local area where an employment, training, or
education program under title IV of that Act is in operation), except that no
such payment or reimbursement shall exceed the applicable local market
rate.
(II)
Service
contracts and vouchers
In
lieu of providing reimbursements or payments for dependent care expenses under
clause (i), a State agency may, at the option of the State agency, arrange for dependent care
through providers by the use of purchase of service contracts or vouchers or by
providing vouchers to the household.
(III)
Value of
reimbursements
The value of any dependent care services provided
for or arranged under clause (ii), or any amount received as a payment or
reimbursement under clause (i), shall—
(aa) not be treated as
income for the purposes of any other Federal or federally assisted program that
bases eligibility for, or the amount of benefits on, need; and
(bb) not be claimed as
an employment-related expense for the purposes of the credit provided under
section
21 of the Internal Revenue Code of 1986 (26 U.S.C.
21).
.
(4)
Administration
Section
11(e)(19) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11)) is amended to
read as follows:
(S) the plans of the State agency for providing
employment and training services under section
6(d)(4);
.
(5)
Administrative
cost-sharing and quality control
Section 16(h) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended—
(A) in paragraph
(1)—
(i) in subparagraph
(A), by striking carry out employment and training programs and
inserting provide employment and training services to eligible
households under section 6(d)(4); and
(ii) in subparagraph
(D), by striking operating an employment and training program and
inserting providing employment and training services consistent with
section 6(d)(4);
(B) in paragraph (3)—
(i) by striking participation in an employment and training
program and inserting the individual participating in employment
and training activities; and
(ii) by striking section 6(d)(4)(I)(i)(II) and inserting section 6(d)(4)(C)(i)(II);
(C) in paragraph (4),
by striking for operating an employment and training program and
inserting to provide employment and training services;
and
(D) by striking paragraph (5) and inserting the following:
(E)
Monitoring
(i)
In general
The Secretary, in conjunction with the
Secretary of Labor, shall monitor each State agency responsible for
administering employment and training services under section 6(d)(4) to ensure
funds are being spent effectively and efficiently.
(ii)
Accountability
Each program of employment
and training receiving funds under section 6(d)(4) shall be subject to the
requirements of the performance accountability system, including having to meet
the State performance measures described in section 136 of the Workforce
Investment Act (29
U.S.C.
2871).
.
(6)
Research,
demonstration, and evaluations
Section 17 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026) is amended—
(A) in subsection (b)—
(i) in paragraph (1)(B)(iv)(III)(dd), by striking , (4)(F)(i), or (4)(K) and inserting or (4); and
(ii) by striking paragraph (3); and
(B) in subsection
(g), in the first sentence in the matter preceding paragraph (1)—
(i) by striking
programs established and inserting activities provided to
eligible households; and
(ii) by inserting
, in conjunction with the Secretary of Labor, after
Secretary.
(7)
Minnesota family
investment project
Section 22(b)(4) of the Food and Nutrition Act
of 2008 (7 U.S.C.
2031(b)(4)) is amended by striking equivalent to those
offered under the employment and training program.
(b)
Amendments to
section 412 of the Immigration and Nationality Act
(1)
Conditions and
considerations
Section 412(a)
of the Immigration and Nationality Act (8 U.S.C. 1522(a)) is amended—
(A) in paragraph
(1)—
(i) in subparagraph
(A)(i), by striking make available sufficient resources for employment
training and placement and inserting provide refugees with the
opportunity to access employment and training services, including job
placement,; and
(ii) in subparagraph (B)(ii), by striking
services; and inserting services provided through the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);;
(B) in paragraph
(2)(C)(iii)(II), by inserting and training after
employment;
(C) in paragraph
(6)(A)(ii)—
(i) by striking
insure and inserting ensure;
(ii) by inserting
and training after employment; and
(iii) by inserting after
available the following: through the one-stop delivery
system under section 121 of the Workforce Investment Act of 1998
(29 U.S.C.
2841); and
(D) in paragraph (9),
by inserting the Secretary of Labor, after
Education,.
(2)
Program of
initial resettlement
Section 412(b)(2) of such Act
(8 U.S.C.
1522(b)(2)) is amended—
(A) by striking
orientation, instruction and inserting orientation and
instruction; and
(B) by striking
, and job training for refugees, and such other education and training
of refugees, as facilitates and inserting for refugees to
facilitate.
(3)
Project grants
and contracts for services for refugees
Section 412(c) of such
Act (8 U.S.C.
1522(c)) is amended—
(A) in paragraph
(1)—
(i) in subparagraph
(A)(i), by inserting and training after
employment; and
(ii) by striking
subparagraph (C);
(B) in paragraph (2)(B), by striking
paragraph— and all that follows through in a
manner and inserting paragraph in a manner; and
(C) by adding at the end the following:
(C) In carrying out this section, the Director
shall ensure that employment and training services are provided through the
statewide workforce development system, as appropriate, authorized by the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). Such
action may include—
(i) making employment and training
activities described in section 134 of such Act (29 U.S.C. 2864)
available to refugees; and
(ii) providing refugees with access to a
one-stop delivery system established under section 121 of such Act (29 U.S.C.
2841).
.
(4)
Cash assistance
and medical assistance to refugees
Section 412(e) of such Act
(8 U.S.C.
1522(e)) is amended—
(A) in paragraph
(2)(A)(i), by inserting and training after providing
employment; and
(B) in paragraph (3),
by striking The and inserting Consistent with subsection
(c)(3), the.
(c)
Amendments
relating to the Second Chance Act of 2007
(1)
Federal Prisoner
Reentry Initiative
Section
231 of the Second Chance Act of 2007 (42 U.S.C. 17541) is
amended—
(A) in subsection (a)(1)(E)—
(i) by inserting
the Department of Labor and before other Federal
agencies; and
(ii) by inserting
State and local workforce investment boards, after
community-based organizations,;
(B) in subsection
(c)—
(i) in paragraph (2),
by striking at the end and;
(ii) in paragraph (3),
by striking at the end the period and inserting ; and;
and
(iii) by adding at the
end the following new paragraph:
(D) to coordinate reentry programs with the
employment and training services provided through the statewide workforce
investment system under subtitle B of title I of the Workforce Investment Act
of 1998 (29 U.S.C.
2811 et seq.).
;
and
(C) in subsection (d),
by adding at the end the following new paragraph:
(F)
Interaction with
the workforce investment system
(i)
In
general
In carrying out this
section, the Director shall ensure that employment and training services,
including such employment and services offered through reentry programs, are
provided, as appropriate, through the statewide workforce investment system
under subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et
seq.), which may include—
(I) making employment
and training services available to prisoners prior to and immediately following
the release of such prisoners; or
(II) providing prisoners with access by remote
means to a one-stop delivery system under section 121 of the Workforce
Investment Act of 1998 (29 U.S.C. 2841) in the State in
which the prison involved is located.
(ii)
Service
defined
In this paragraph,
the term employment and training services means those services
described in section 134 of the Workforce Investment Act of 1998
(29 U.S.C.
2864) offered by the Bureau of Prisons, including—
(I) the skills
assessment described in subsection (a)(1)(A);
(II) the skills
development plan described in subsection (a)(1)(B); and
(III) the enhancement,
development, and implementation of reentry and skills development
programs.
.
(2)
Duties of the
Bureau of Prisons
Section 4042(a) of title 18, United
States Code, is amended—
(A) by redesignating subparagraphs (D) and (E),
as added by section 231(d)(1)(C) of the Second Chance Act of 2007 (Public Law
110–199; 122 Stat. 685), as paragraphs (6) and (7), respectively, and adjusting
the margin accordingly;
(B) in paragraph (6), as so redesignated, by
redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively,
and adjusting the margin accordingly;
(C) in paragraph (7),
as so redesignated—
(i) in clause (ii), by striking
Employment and inserting Employment and training services
(as defined in paragraph (6) of section 231(d) of the Second Chance Act of
2007), including basic skills attainment, consistent with such
paragraph; and
(ii) by striking clause (iii); and
(D) by redesignating
clauses (i), (ii), (iv), (v), (vi), and (vii) as subparagraphs (A), (B), (C),
(D), (E), and (F), respectively, and adjusting the margin accordingly.
(d)
Amendments to
the Omnibus Crime Control and Safe Streets Act of 1968
Section 2976 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w) is
amended—
(1) in subsection
(b)—
(A) in paragraph (1),
by striking vocational and inserting career and technical
education (as defined in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) and
training;
(B) by redesignating
paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively;
and
(C) by inserting after
paragraph (3) the following new paragraph:
(D) coordinating employment and training
services provided through the statewide workforce investment system under
subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.), including a one-stop delivery system under section 121
of such Act (29
U.S.C. 2841), for offenders upon release from prison, jail, or
a juvenile facility, as
appropriate;
;
(2) in subsection
(d)(2), by inserting , including local workforce investment boards
established under section 117 of the Workforce Investment Act of 1998
(29 U.S.C.
2832), after nonprofit
organizations;
(3) in subsection
(e)—
(A) in paragraph (3),
by striking victims services, and employment services and
inserting and victim services;
(B) by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(C) by inserting after
paragraph (3) the following new paragraph:
(D) provides employment and training services
through the statewide workforce investment system under subtitle B of title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including
a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841);
; and
(4) in subsection
(k)—
(A) in paragraph
(1)(A), by inserting , in accordance with paragraph (2) after
under this section;
(B) by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(C) by inserting after
paragraph (1) the following new paragraph:
(B)
Employment and
training
The Attorney General
shall require each grantee under this section to measure the core indicators of
performance as described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998 (29
U.S.C. 2871(b)(2)(A)) with respect to the program of such
grantee funded with a grant under this
section.
.
(e)
Conforming
amendments to title 38, United States Code
Title 38, United States Code, is
amended—
(1) in section
3672(d)(1), by striking disabled veterans’ outreach program specialists
under section 4103A and inserting veteran employment specialists
appointed under section 134(f) of the Workforce Investment Act of
1998;
(2) in the table of
sections at the beginning of chapter 41, by striking the items relating to
sections 4103A and 4104;
(3) in section
4102A—
(A) in subsection
(b)—
(i) by
striking paragraphs (5), (6), and (7); and
(ii) by
redesignating paragraph (8) as paragraph (5);
(B) by striking
subsections (c) and (h);
(C) by redesignating
subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f);
and
(D) in subsection
(e)(1) (as so redesignated)—
(i) by
striking , including disabled veterans’ outreach program specialists and
local veterans' employment representatives providing employment, training, and
placement services under this chapter in a State; and
(ii) by
striking for purposes of subsection (c);
(4) in section
4104A—
(A) in subsection
(b)(1), by striking subparagraph (A) and inserting the following:
(i) the appropriate veteran employment
specialist (in carrying out the functions described in section 134(f) of the
Workforce Investment Act of 1998);
;
and
(B) in subsection
(c)(1), by striking subparagraph (A) and inserting the following:
(i) collaborate with the appropriate veteran
employment specialist (as described in section 134(f)) and the appropriate
State boards and local boards (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
;
(5) in section 4109—
(A) in subsection (a), by striking
disabled veterans’ outreach program specialists and local veterans’
employment representative and inserting veteran employment
specialists appointed under section 134(f) of the Workforce Investment Act of
1998; and
(B) in subsection (d)(1), by striking
disabled veterans’ outreach program specialists and local veterans’
employment representatives and inserting veteran employment
specialists appointed under section 134(f) of the Workforce Investment Act of
1998; and
(6) in section
4112(d)—
(A) in paragraph (1),
by striking disabled veterans’ outreach program specialist and
inserting veteran employment specialist appointed under section 134(f)
of the Workforce Investment Act of 1998; and
(B) by striking
paragraph (2) and redesignating paragraph (3) as paragraph (2).
403.
Conforming
amendment to table of contents
The table of contents in section 1(b) is
amended to read as follows:
(b)
Table of contents
The table of contents for this Act is as
follows:
Sec. 1. Short title; table of
contents.TITLE I—WORKFORCE INVESTMENT
SYSTEMSSubtitle A—Workforce Investment
DefinitionsSec. 101. Definitions.Subtitle B—Statewide and Local Workforce
Investment Systems Sec. 106. Purpose.Chapter 1—State ProvisionsSec. 111. State workforce investment
boards.Sec. 112. State plan.Chapter 2—Local ProvisionsSec. 116. Local workforce investment
areas.Sec. 117. Local workforce investment
boards.Sec. 118. Local plan.Chapter 3—Workforce Investment Activities
ProvidersSec. 121. Establishment of one-stop
delivery systems.Sec. 122. Identification of eligible
providers of training services.Chapter 5—Employment and Training
ActivitiesSec. 131. General
authorization.Sec. 132. State allotments.Sec. 133. Within State
allocations.Sec. 134. Use of funds for employment and
training activities.Chapter 6—General ProvisionsSec. 136. Performance accountability
system.Sec. 137. Authorization of
appropriations.Subtitle C—Job CorpsSec. 141. Purposes.Sec. 142. Definitions.Sec. 143. Establishment.Sec. 144. Individuals eligible for the Job
Corps.Sec. 145. Recruitment, screening,
selection, and assignment of enrollees.Sec. 146. Enrollment.Sec. 147. Job Corps centers.Sec. 148. Program activities.Sec. 149. Counseling and job
placement.Sec. 150. Support.Sec. 151. Operations.Sec. 152. Standards of
conduct.Sec. 153. Community
participation.Sec. 154. Workforce councils.Sec. 156. Technical assistance to
centers.Sec. 157. Application of provisions of
Federal law.Sec. 158. Special provisions.Sec. 159. Performance accountability and
management.Sec. 160. General provisions.Sec. 161. Authorization of
appropriations.Subtitle D—National ProgramsSec. 170. Technical
assistance.Sec. 172. Evaluations.Subtitle E—AdministrationSec. 181. Requirements and
restrictions.Sec. 182. Prompt allocation of
funds.Sec. 183. Monitoring.Sec. 184. Fiscal controls;
sanctions.Sec. 185. Reports; recordkeeping;
investigations.Sec. 186. Administrative
adjudication.Sec. 187. Judicial review.Sec. 188. Nondiscrimination.Sec. 189. Administrative
provisions.Sec. 190. References.Sec. 191. State legislative
authority.Sec. 193. Transfer of Federal equity in
State employment security real property to the States.Sec. 195. General program
requirements.Sec. 196. Federal agency
staff.Sec. 197. Restrictions on lobbying and
political activities.Subtitle F—Repeals and Conforming
AmendmentsSec. 199. Repeals.Sec. 199A. Conforming
amendments.TITLE II—ADULT EDUCATION AND FAMILY LITERACY
EDUCATIONSec. 201. Short title.Sec. 202. Purpose.Sec. 203. Definitions.Sec. 204. Home schools.Sec. 205. Authorization of
appropriations.Subtitle A—Federal ProvisionsSec. 211. Reservation of funds; grants to
eligible agencies; allotments.Sec. 212. Performance accountability
system.Subtitle B—State ProvisionsSec. 221. State
administration.Sec. 222. State distribution of funds;
matching requirement.Sec. 223. State leadership
activities.Sec. 224. State plan.Sec. 225. Programs for corrections
education and other institutionalized individuals.Subtitle C—Local ProvisionsSec. 231. Grants and contracts for
eligible providers.Sec. 232. Local application.Sec. 233. Local administrative cost
limits.Subtitle D—General ProvisionsSec. 241. Administrative
provisions.Sec. 242. National activities.TITLE III—WORKFORCE INVESTMENT-RELATED
ACTIVITIESSubtitle A—Wagner-Peyser ActSec. 301. Definitions.Sec. 302. Functions.Sec. 303. Designation of State
agencies.Sec. 304. Appropriations.Sec. 305. Disposition of allotted
funds.Sec. 306. State plans.Sec. 307. Repeal of Federal advisory
council.Sec. 308. Regulations.Sec. 309. Employment
statistics.Sec. 310. Technical
amendments.Sec. 311. Effective date.Subtitle B—Linkages With Other
ProgramsSec. 321. Trade Act of 1974.Sec. 322. Veterans' employment
programs.Sec. 323. Older Americans Act of
1965.Subtitle D—Application of Civil Rights
and Labor-Management Laws to the Smithsonian InstitutionSec. 341. Application of civil rights and
labor-management laws to the Smithsonian Institution.TITLE IV—REHABILITATION ACT AMENDMENTS OF
1998Sec. 401. Short title.Sec. 402. Title.Sec. 403. General provisions.Sec. 404. Vocational rehabilitation
services.Sec. 405. Research and
training.Sec. 406. Professional development and
special projects and demonstrations.Sec. 407. National Council on
Disability.Sec. 408. Rights and advocacy.Sec. 409. Employment opportunities for
individuals with disabilities.Sec. 410. Independent living services and
centers for independent living.Sec. 411. Repeal. Sec. 412. Helen Keller National Center
Act.Sec. 413. President's Committee on
Employment of People With Disabilities.Sec. 414. Conforming
amendments.TITLE V—GENERAL PROVISIONSSec. 501. State unified plan.Sec. 504. Privacy.Sec. 505. Buy-American
requirements.Sec. 507. Effective
date.
.
V
Amendments to the Rehabilitation Act of 1973
501.
Findings
Section 2(a) of the Rehabilitation Act of
1973 (29 U.S.C.
701(a)) is amended—
(1) in paragraph (5),
by striking and at the end;
(2) in paragraph (6),
by striking the period and inserting ; and; and
(3) by adding at the
end the following:
(7) there is a
substantial need to improve and expand services for students with disabilities
under this
Act.
.
502.
Rehabilitation
Services Administration
(a)
Rehabilitation
services administration
The Rehabilitation Act of 1973
(29 U.S.C. 701 et
seq.) is amended—
(1) in section 3(a)
(29 U.S.C.
702(a))—
(A) by striking
Office of the Secretary and inserting Department of
Education;
(B) by striking
President by and with the advice and consent of the Senate and
inserting Secretary; and
(C) by striking
, and the Commissioner shall be the principal officer,;
(2) by striking
Commissioner each place it appears (except in section 21) and
inserting Director;
(3) in section 12(c)
(29 U.S.C.
709(c)), by striking Commissioner’s and
inserting Director’s;
(4) in section 21
(29 U.S.C.
718)—
(A) in subsection
(b)(1)—
(i) by
striking Commissioner the first place it appears and inserting
Director of the Rehabilitation Services Administration;
(ii) by
striking (referred to in this subsection as the
Director); and
(iii) by
striking The Commissioner and the Director and inserting
Both such Directors; and
(B) by striking
the Commissioner and the Director each place it appears and
inserting both such Directors;
(5) in the heading for
subparagraph (B) of section 100(d)(2) (29 U.S.C. 720(d)(2)), by striking
commissioner and inserting
director;
(6) in section
401(a)(1) (29 U.S.C. 781(a)(1)), by inserting of the National Institute
on Disability and Rehabilitation Research after
Director;
(7) in the heading for
section 706 (29 U.S.C. 796d–1), by striking commissioner and inserting
director; and
(8) in the heading for
paragraph (3) of section 723(a) (29 U.S.C. 796f–2(a)), by striking
commissioner and inserting
director.
(b)
Effective date;
application
The amendments made by subsection (a) shall—
(1) take effect on the
date of the enactment of this Act; and
(2) apply with respect
to the appointments of Directors of the Rehabilitation Services Administration
made on or after the date of enactment of this Act, and the Directors so
appointed.
503.
Definitions
Section 7 of the Rehabilitation Act of 1973
(29 U.S.C.
705) is amended—
(1) by redesignating
paragraphs (35) through (39) as paragraphs (36) through (40),
respectively;
(2) in subparagraph
(A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking
paragraph (36)(C) and inserting paragraph
(37)(C); and
(3) by inserting after
paragraph (34) the following:
(35)
(A) The term student
with a disability means an individual with a disability who—
(i) is not younger than 16 and not
older than 21;
(ii) has been determined to be eligible
under section 102(a) for assistance under this title; and
(iii)
(I) is eligible for, and is
receiving, special education under part B of the Individuals with Disabilities
Education Act (20
U.S.C. 1411 et seq.); or
(II) is an individual with a
disability, for purposes of section 504.
(B) The term students with
disabilities means more than 1 student with a
disability.
.
504.
Carryover
Section 19(a)(1) of the Rehabilitation Act
of 1973 (29 U.S.C.
716(a)(1)) is amended by striking part B of title
VI,.
505.
Traditionally
underserved populations
Section 21 of the Rehabilitation Act of 1973
(29 U.S.C.
718) is amended, in paragraphs (1) and (2)(A) of subsection
(b), and in subsection (c), by striking VI,.
506.
State
plan
Section 101(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended—
(1) in paragraph
(10)—
(A) in subparagraph
(B), by striking on the eligible individuals and all that
follows and inserting of information necessary to assess the State’s
performance on the core indicators of performance described in section
136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C.
2871(b)(2)(A)).; and
(B) in subparagraph
(E)(ii), by striking , to the extent the measures are applicable to
individuals with disabilities;
(2) in paragraph
(11)—
(A) in subparagraph
(D)(i), by inserting before the semicolon the following: , which may be
provided using alternative means of meeting participation (such as
participation through video conferences and conference calls);
and
(B) by adding at the
end the following:
(G)
Coordination
with assistive technology programs
The State plan shall include
an assurance that the designated State unit and the lead agency or implementing
entity responsible for carrying out duties under the Assistive Technology Act
of 1998 (29 U.S.C.
3001 et seq.) have developed working relationships and
coordinate their
activities.
;
(3) in paragraph
(15)—
(A) in subparagraph
(A)—
(i) in
clause (i)—
(I) in subclause (II),
by striking and at the end;
(II) in subclause
(III), by adding and at the end; and
(III) by adding at the
end the following:
(IV) students with
disabilities, including their need for transition
services;
;
(ii) by
redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
and
(iii) by
inserting after clause (i) the following:
(ii) include an
assessment of the transition services provided under this Act, and coordinated
with transition services provided under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), about the extent to which those 2 types
of services meet the needs of individuals with
disabilities;
;
(B) in subparagraph
(B)(ii), by striking and under part B of title VI; and
(C) in subparagraph
(D)—
(i) by
redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi),
respectively;
(ii) by
inserting after clause (ii) the following:
(iii) the methods to
be used to improve and expand vocational rehabilitation services for students
with disabilities, including the coordination of services designed to
facilitate the transition of such students from the receipt of educational
services in school to the receipt of vocational rehabilitation services under
this title or to postsecondary education or
employment;
;
and
(iii) in clause (v),
as redesignated by clause (i) of this subparagraph, by striking
evaluation standards and inserting performance
standards;
(4) in paragraph
(22)—
(A) in the paragraph
heading, by striking state plan
supplement;
(B) by striking
carrying out part B of title VI, including; and
(C) by striking
that part to supplement funds made available under part B
of;
(5) in paragraph
(24)—
(A) in the paragraph
heading, by striking contracts and inserting
grants; and
(B) in subparagraph
(A)—
(i) in
the subparagraph heading, by striking Contracts and
inserting Grants; and
(ii) by
striking part A of title VI and inserting section
109A; and
(6) by adding at the
end the following:
(25)
Collaboration
with industry
The State plan shall describe how the designated
State agency will carry out the provisions of section 109A, including—
(A) the criteria such
agency will use to award grants under such section; and
(B) how the activities
carried out under such grants will be coordinated with other services provided
under this title.
(26)
Services for
students with disabilities
The State plan shall provide an
assurance satisfactory to the Secretary that the State—
(A) has developed and
implemented strategies to address the needs identified in the assessments
described in paragraph (15), and achieve the goals and priorities identified by
the State in that paragraph, to improve and expand vocational rehabilitation
services for students with disabilities on a statewide basis in accordance with
paragraph (15); and
(B) from funds
reserved under section 110A, shall carry out programs or activities designed to
improve and expand vocational rehabilitation services for students with
disabilities that—
(i) facilitate the
transition of students with disabilities from the receipt of educational
services in school, to the receipt of vocational rehabilitation services under
this title, including, at a minimum, those services specified in the
interagency agreement required in paragraph (11)(D);
(ii) improve the
achievement of post-school goals of students with disabilities, including
improving the achievement through participation (as appropriate when career
goals are discussed) in meetings regarding individualized education programs
developed under section 614 of the Individuals with Disabilities Education Act
(20 U.S.C.
1414);
(iii) provide career
guidance, career exploration services, job search skills and strategies, and
technical assistance to students with disabilities;
(iv) support the
provision of training and technical assistance to State and local educational
agencies and designated State agency personnel responsible for the planning and
provision of services to students with disabilities; and
(v) support outreach
activities to students with disabilities who are eligible for, and need,
services under this
title.
.
507.
Scope of
services
Section 103 of the
Rehabilitation Act of 1973 (29 U.S.C. 723) is amended—
(1) in subsection (a),
by striking paragraph (15) and inserting the following:
(15) transition
services for students with disabilities, that facilitate the achievement of the
employment outcome identified in the individualized plan for employment
involved, including services described in clauses (i) through (iii) of section
101(a)(26)(B);
;
(2) in subsection (b),
by striking paragraph (6) and inserting the following:
(6)
(A)
(i) Consultation and
technical assistance services to assist State and local educational agencies in
planning for the transition of students with disabilities from school to
post-school activities, including employment.
(ii) Training and technical assistance
described in section 101(a)(26)(B)(iv).
(B) Services for groups of individuals
with disabilities who meet the requirements of clauses (i) and (iii) of section
7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of
section 101(a)(26)(B), to assist in the transition from school to post-school
activities.
;
and
(3) in subsection (b),
by inserting at the end the following:
(7) The establishment,
development, or improvement of assistive technology demonstration, loan,
reutilization, or financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to promote access
to assistive technology for individuals with disabilities and
employers.
.
508.
Standards and
indicators
(a)
In
general
Section 106 of the
Rehabilitation Act of 1973 (29 U.S.C. 726) is amended—
(1) in the section
heading, by striking Evaluation standards and inserting
Performance
standards;
(2) by striking
subsection (a) and inserting the following:
(a)
Standards and
indicators
The performance
standards and indicators for the vocational rehabilitation program carried out
under this title—
(1) shall be subject
to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act
of 1998 (29 U.S.C. 2871(b)); and
(2) may, at a State’s
discretion, include additional indicators identified in the State plan
submitted under section 101.
;
and
(3) in subsection (b)(2)(B), by striking clause
(i) and inserting the following:
(i) on a biannual basis, review the program
improvement efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the Director, direct the
State to make revisions to the plan to improve performance;
and
.
(b)
Conforming
amendments
Section 107 of the Rehabilitation Act of 1973 (29
U.S.C. 727) is amended—
(1) in subsections
(a)(1)(B) and (b)(2), by striking evaluation standards and
inserting performance standards; and
(2) in subsection
(c)(1)(B), by striking an evaluation standard and inserting
a performance standard.
509.
Expenditure of
certain amounts
Section 108(a)
of the Rehabilitation Act of 1973 (29 U.S.C. 728(a)) is
amended by striking under part B of title VI, or.
510.
Collaboration
with industry
The
Rehabilitation Act of 1973 is amended by inserting after section 109
(29 U.S.C.
728a) the following:
109A.
Collaboration
with industry
(a)
Eligible entity
defined
For the purposes of this section, the term eligible
entity means a for-profit business, alone or in partnership with one or
more of the following:
(1) Community
rehabilitation program providers.
(2) Indian
tribes.
(3) Tribal
organizations.
(b)
Authority
A
State shall use not less than one-half of one percent of the payment the State
receives under section 111 for a fiscal year to award grants to eligible
entities to pay for the Federal share of the cost of carrying out collaborative
programs, to create practical job and career readiness and training programs,
and to provide job placements and career advancement.
(c)
Awards
Grants
under this section shall—
(1) be awarded for a
period not to exceed 5 years; and
(2) be awarded
competitively.
(d)
Application
To
receive a grant under this section, an eligible entity shall submit an
application to a designated State agency at such time, in such manner, and
containing such information as such agency shall require. Such application
shall include, at a minimum—
(1) a plan for
evaluating the effectiveness of the collaborative program;
(2) a plan for
collecting and reporting the data and information described under subparagraphs
(A) through (C) of section 101(a)(10), as determined appropriate by the
designated State agency; and
(3) a plan for
providing for the non-Federal share of the costs of the program.
(e)
Activities
An
eligible entity receiving a grant under this section shall use the grant funds
to carry out a program that provides one or more of the following:
(1) Job development,
job placement, and career advancement services for individuals with
disabilities.
(2) Training in
realistic work settings in order to prepare individuals with disabilities for
employment and career advancement in the competitive market.
(3) Providing
individuals with disabilities with such support services as may be required in
order to maintain the employment and career advancement for which the
individuals have received training.
(f)
Eligibility for
services
An individual shall be eligible for services provided
under a program under this section if the individual is determined under
section 102(a)(1) to be eligible for assistance under this title.
(g)
Federal
share
The Federal share for a program under this section shall not
exceed 80 percent of the costs of the
program.
.
511.
Reservation for
expanded transition services
The Rehabilitation Act of 1973 is amended by
inserting after section 110 (29 U.S.C. 730) the following:
110A.
Reservation
for expanded transition services
Each State shall reserve not less than 10
percent of the funds allotted to the State under section 110(a) to carry out
programs or activities under sections 101(a)(26)(B) and
103(b)(6).
.
512.
Client
assistance program
Section
112(e)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 732(e)(1)) is amended by
redesignating subparagraph (D) as subparagraph (E) and inserting after
subparagraph (C) the following:
(D) The Secretary shall make grants to
the protection and advocacy system serving the American Indian Consortium under
the Developmental Disabilities and Bill of Rights Act of 2000 (42 U.S.C. 15001
et seq.) to provide services in accordance with this section, as determined by
the Secretary. The amount of such grants shall be the same as the amount
provided to territories under this
subsection.
.
513.
Research
Section 204(a)(2)(A) of the Rehabilitation
Act of 1973 (29
U.S.C. 764(a)(2)(A)) is amended by striking
VI,.
514.
Title III
amendments
Title III of the
Rehabilitation Act of 1973 (29 U.S.C. 771 et seq.) is
amended—
(1) in section 301(a)
(21 U.S.C. 771(a))—
(A) in paragraph (2),
by inserting and at the end;
(B) by striking
paragraphs (3) and (4); and
(C) by redesignating
paragraph (5) as paragraph (3);
(2) in section 302 (29
U.S.C. 772)—
(A) in subsection
(g)—
(i) in
the heading, by striking and In-Service Training; and
(ii) by
striking paragraph (3); and
(B) in subsection
(h), by striking section 306 and inserting section
304;
(3) in section 303 (29 U.S.C. 773)—
(A) in subsection
(b)(1), by striking section 306 and inserting section
304; and
(B) in subsection
(c)—
(i) in
paragraph (4)—
(I) by amending
subparagraph (A)(ii) to read as follows:
(ii) to coordinate activities and work closely
with the parent training and information centers established pursuant to
section 671 of the Individuals with Disabilities Education Act (20 U.S.C.
1471), the community parent resource centers established pursuant to section
672 of such Act (29 U.S.C. 1472), and the eligible entities receiving awards
under section 673 of such Act (20 U.S.C. 1473);
and
;
and
(II) in subparagraph (C), by inserting ,
and demonstrate the capacity for serving, after serve;
and
(ii) by
adding at the end the following:
(8)
Reservation
From the amount appropriated to carry out
this subsection for a fiscal year, 20 percent of such amount or $500,000,
whichever is less, shall be reserved to carry out paragraph
(6).
;
(4) by striking
sections 304 and 305 (29 U.S.C. 774, 775); and
(5) by redesignating
section 306 (29 U.S.C. 776) as section 304.
515.
Repeal of title
VI
Title VI of the
Rehabilitation Act of 1973 (29 U.S.C. 795 et seq.) is
repealed.
516.
Title VII
general provisions
(a)
Purpose
Section 701(3) of the Rehabilitation Act of
1973 (29 U.S.C.
796(3)) is amended by striking State programs of
supported employment services receiving assistance under part B of title
VI,.
(b)
Chairperson
Section 705(b)(5) of the Rehabilitation Act
of 1973 (29 U.S.C.
796d(b)(5)) is amended to read as follows:
(5)
Chairperson
The
Council shall select a chairperson from among the voting membership of the
Council.
.
517.
Authorizations
of appropriations
The
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is further
amended—
(1) in section 100
(29 U.S.C.
720)—
(A) in subsection
(b)(1), by striking such sums as may be necessary for fiscal years 1999
through 2003 and inserting $3,066,192,000 for fiscal year 2015
and each of the 6 succeeding fiscal years; and
(B) in subsection
(d)(1)(B), by striking 2003 and inserting
2021;
(2) in section 110(c)
(29 U.S.C.
730(c)), by amending paragraph (2) to read as follows:
(2) The sum referred to in paragraph (1)
shall be, as determined by the Secretary, not less than 1 percent and not more
than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal
years 2015 through
2020.
;
(3) in section 112(h)
(29 U.S.C.
732(h)), by striking such sums as may be necessary for
fiscal years 1999 through 2003 and inserting $11,600,000 for
fiscal year 2015 and each of the 6 succeeding fiscal years;
(4) by amending
subsection (a) of section 201 (29 U.S.C. 761(a)) to read as
follows: (a) There are authorized to be appropriated $103,125,000 for
fiscal year 2015 and each of the 6 succeeding fiscal years to carry out this
title.;
(5) in section 302(i)
(29 U.S.C.
772(i)), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$33,657,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years;
(6) in section 303(e)
(29 U.S.C.
773(e)), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$5,046,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years;
(7) in section 405
(29 U.S.C.
785), by striking such sums as may be necessary for each
of the fiscal years 1999 through 2003 and inserting $3,081,000
for fiscal year 2015 and each of the 6 succeeding fiscal years;
(8) in section 502(j)
(29 U.S.C.
792(j)), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$7,013,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years;
(9) in section 509(l)
(29 U.S.C.
794e(l)), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$17,088,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years;
(10) in section 714
(29 U.S.C.
796e–3), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$22,137,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years;
(11) in section 727
(29 U.S.C.
796f–6), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$75,772,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years; and
(12) in section 753
(29 U.S.C.
796l), by striking such sums as may be necessary for
each of the fiscal years 1999 through 2003 and inserting
$32,239,000 for fiscal year 2015 and each of the 6 succeeding fiscal
years.
518.
Conforming
amendments
Section 1(b) of the
Rehabilitation Act of 1973 is amended—
(1) by inserting after
the item relating to section 109 the following:
Sec. 109A. Collaboration with
industry.
;
(2) by inserting after
the item relating to section 110 the following:
Sec. 110A. Reservation for expanded
transition services.
;
(3) by striking the
item related to section 304 and inserting the following:
Sec. 304. Measuring of project outcomes
and performance.
;
(4) by striking the
items related to sections 305 and 306;
(5) by striking the items related to title VI;
and
(6) by striking the
item related to section 706 and inserting the following:
Sec. 706. Responsibilities of
the
Director.
.
VI
Studies by the Comptroller General
601.
Study by the
Comptroller General on exhausting Federal Pell Grants before accessing WIA
funds
Not later than 12 months
after the date of enactment of this Act, the Comptroller General of the United
States shall complete and submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that—
(1) evaluates the effectiveness of subparagraph
(B) of section 134(d)(4) of the Workforce Investment Act of 1998
(29 U.S.C.
2864(d)(4)(B)) (as such subparagraph was in effect on the day
before the date of enactment of this Act), including—
(A) a review of the regulations and guidance
issued by the Secretary of Labor to State and local areas on how to comply with
such subparagraph;
(B) a review of State
policies to determine how local areas are required to comply with such
subparagraph;
(C) a review of local
area policies to determine how one-stop operators are required to comply with
such subparagraph; and
(D) a review of a sampling of individuals
receiving training services under section 134(d)(4) of the Workforce Investment
Act of 1998 (29
U.S.C. 2864(d)(4)) to determine if, before receiving such
training services, such individuals have exhausted funds received through the
Federal Pell Grant program under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et
seq.); and
(2) makes appropriate recommendations with
respect to the matters evaluated under paragraph (1).
602.
Study by the
Comptroller General on administrative cost savings
(a)
Study
Not later than 12 months after the date of
the enactment of this Act, the Comptroller General of the United States shall
complete and submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report that—
(1) determines the amount of administrative
costs at the Federal and State levels for the most recent fiscal year for which
satisfactory data are available for—
(A) each of the
programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) or repealed under section 401 of this Act, as such
programs were in effect for such fiscal year; and
(B) each of the programs described in
subparagraph (A) that have been repealed or consolidated on or after the date
of enactment of this Act;
(2) determines the amount of administrative
cost savings at the Federal and State levels as a result of repealing and
consolidating programs by calculating the differences in the amount of
administrative costs between subparagraph (A) and subparagraph (B) of paragraph
(1); and
(3) estimates the administrative cost savings
at the Federal and State levels for a fiscal year as a result of States
consolidating amounts under section 501(e) of the Workforce Investment Act of
1998 (20 U.S.C.
9271(e)) to reduce inefficiencies in the administration of
federally funded State and local employment and training programs.
(b)
Definition
For
purposes of this section, the term administrative costs has the
meaning given the term in section 101 of the Workforce Investment Act of 1998
(29 U.S.C.
2801).