,,ii #aadth ,,congress #b;d ,session ,s4 #caea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #g1 #bjaf ,mr4 ,toomey introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to enhance investment in education and employment programs by eliminating duplication1 cutting red tape1 and increasing flexibility1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cutting ,administrative ,red-tape for ,education and ,employment ,reinvestment ,act or the ,,career ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,,title ,i--,general provisions ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,powers of ,federal ,government4 ,,title ,,ii--,statewide and local workforce investment systems ,sec4 #bja4 ,purpose4 ,subtitle ,a--,state ,provisions ,sec4 #baa4 ,state workforce investment boards4 ,sec4 #bab4 ,state plan4 ,subtitle ,b--,local provisions ,sec4 #bba4 ,local workforce investment areas4 ,sec4 #bbb4 ,local workforce investment boards4 ,sec4 #bbc4 ,local plan4 ,subtitle ,c--,one-,stop delivery system ,sec4 #bca4 ,one-stop delivery system4 ,subtitle ,d--,providers of training services ,sec4 #bda4 ,providers of training services4 ,,title ,,iii--,worker ,training ,services and ,activities ,sec4 #cja4 ,fiscal year basis4 ,sec4 #cjb4 ,priority for services4 ,subtitle ,a--,adult ,worker ,training ,services and ,activities ,sec4 #caa4 ,authorization of appropriations4 ,sec4 #cab4 ,allotment of funds for adult worker training services and activities4 ,sec4 #cac4 ,within ,state allocation4 ,sec4 #cad4 ,use of funds4 ,sec4 #cae4 ,adult training services4 ,sec4 #caf4 ,supplemental services for individuals eligible for trade adjustment assistance4 ,sec4 #cag4 ,supplemental services for designated recipients of supplemental nutrition assistance4 ,sec4 #cah4 ,labor exchange system and administration of work test for unemployment compensation4 ,sec4 #cai4 ,nationwide employment statistics system4 ,sec4 #cbj4 ,conforming amendment relating to ,h-#a;,b nonimmigrant petitioner account4 ,sec4 #cba4 ,amendments to the ,trade ,act of #aigd4 ,sec4 #cbb4 ,conforming amendments relating to the temporary assistance for needy families program4 ,sec4 #cbc4 ,amendments to the ,food and ,nutrition ,act of #bjjh4 ,subtitle ,b--,worker ,training for ,disadvantaged ,youth ,chapter #a--;,disadvantaged youth ,sec4 #cca4 ,authorization of appropriations4 ,sec4 #ccb4 ,allotment of funds for youth training services4 ,sec4 #ccc4 ,within ,state allocation4 ,sec4 #ccd4 ,youth training services4 ,chapter #b--;,job ,corps ,sec4 #cda4 ,purposes4 ,sec4 #cdb4 ,definitions4 ,sec4 #cdc4 ,establishment4 ,sec4 #cdd4 ,individuals eligible for the ,job ,corps4 ,sec4 #cde4 ,recruitment1 screening1 selection1 and assignment of enrollees4 ,sec4 #cdf4 ,enrollment4 ,sec4 #cdg4 ,job ,corps centers4 ,sec4 #cdh4 ,program activities4 ,sec4 #cdi4 ,counseling and job placement4 ,sec4 #cej4 ,support4 ,sec4 #cea4 ,operations4 ,sec4 #ceb4 ,standards of conduct4 ,sec4 #cec4 ,community participation4 ,sec4 #ced4 ,workforce councils4 ,sec4 #cee4 ,advisory committees4 ,sec4 #cef4 ,experimental projects and technical assistance4 ,sec4 #ceg4 ,application of provisions of ,federal law4 ,sec4 #ceh4 ,special provisions4 ,sec4 #cei4 ,management information4 ,sec4 #cfj4 ,general provisions4 ,sec4 #cfa4 ,job ,corps oversight and reporting4 ,sec4 #cfb4 ,authorization of appropriations4 ,subtitle ,c--,worker training for individuals with disabilities ,sec4 #cga4 ,declaration of purpose and policy4 ,sec4 #cgb4 ,authorization of appropriations4 ,sec4 #cgc4 ,grants to ,states4 ,sec4 #cgd4 ,eligible population4 ,sec4 #cge4 ,vocational rehabilitation services and information and referral services4 ,subtitle ,d--,worker ,training for ,indians 7,including ,alaska ,natives7 and ,native ,hawaiians ,sec4 #cha4 ,worker training for ,indians 7including ,alaska ,natives7 and ,native ,hawaiians4 ,subtitle ,e--,worker training for reintegration of offenders ,sec4 #cia4 ,reintegration of offenders4 ,,title ,,iv--,performance indicators1 fiscal controls1 and administrative provisions ,sec4 #dja4 ,definition of other direct recipient4 ,sec4 #djb4 ,performance accountability system4 ,sec4 #djc4 ,fiscal controls2 sanctions4 ,sec4 #djd4 ,reports2 recordkeeping2 investigations4 ,sec4 #dje4 ,requirements and restrictions4 ,sec4 #djf4 ,monitoring4 ,sec4 #djg4 ,judicial review4 ,sec4 #djh4 ,general program requirements4 ,sec4 #dji4 ,organization4 ,sec4 #daj4 ,budgetary effects4 ,,title ,v--,repeals and transition provisions ,sec4 #eja4 ,repealed provisions4 ,sec4 #ejb4 ,savings provisions for adult programs4 ,sec4 #ejc4 ,savings provisions for youth programs4 ,sec4 #ejd4 ,savings provisions for disabilities programs4 ,sec4 #eje4 ,savings provisions for programs for ,indians 7including ,alaska ,natives7 and ,native ,hawaiians4 ,sec4 #ejf4 ,obligation and expenditure limitations4 ,sec4 #ejg4 ,effective date4 ,i ,general provisions #aja4 ,definitions ,in this ,act3 7#a7 ,administrative costs 7,a7 ,in general ,the term administrative costs means costs necessary for the proper administration of a program under this ,act4 7,b7 ,exclusions ,the term administrative costs excludes-- 7i7 direct costs of providing worker training services and activities1 including costs for contracts devoted entirely to such services and activities2 7ii7 direct costs of gathering statistics and the data on performance indicators required under sections #cai and #djb2 and 7iii7 costs of salaries and benefits for staff providing worker training services and activities and the direct costs associated with providing such services and activities1 such as the costs for supplies1 equipment1 travel1 postage1 utilities1 and rental of training space associated with that provision4 7,c7 ,inclusions ,except as provided in subparagraph 7,b71 the term administrative costs includes costs for general administration and coordination of a program under this ,act1 including costs for contracts and all indirect 7or overhead7 costs1 such as the costs of-- 7i7 salaries and benefits of staff performing administrative and coordination functions2 7ii7 activities related to eligibility determinations2 7iii7 preparation of program plans1 budgets1 and schedules2 7iv7 monitoring of the program2 7v7 activities of fraud and abuse staff2 7vi7 procurement activities2 7vii7 public relations activities2 7viii7 services related to accounting1 litigation1 audits1 management of property1 payroll1 and personnel2 7ix7 costs for the goods and services required for administration of the program such as the costs for supplies1 equipment1 travel1 postage1 utilities1 and rental of office space and maintenance of office space1 required for that administration2 7x7 operating management information systems not related to the tracking and monitoring of statistics required under this ,act and data on performance indicators as required under section #djb 7such as for a personnel and payroll system for ,state staff72 and 7xi7 preparing reports and other documents4 7#b7 ,adult training services ,the term adult training services means the services described in section #cae7;a74 7#c7 ,alaska ,native ,the term ,alaska ,native means a ,native as such term is defined in section #c7;b7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b774 7#d7 ,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 worker training services and activities carried out under this ,act and that has an average rate of unemployment of at least #f4e percent for the most recent #ab months1 as determined by the ,secretary4 ,for purposes of this paragraph1 determinations of areas of substantial unemployment shall be made once each fiscal year4 7#e7 ,career and technical education ,the term career and technical education means organized educational services or activities that-- 7,a7 offer a sequence of courses that-- 7i7 provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions2 7ii7 provides technical skill proficiency1 an industry-recognized credential1 a certificate1 or an associate degree2 and 7iii7 may include prerequisite courses 7other than a remedial course7 that meet the requirements of this subparagraph2 and 7,b7 include competency-based applied learning that contributes to the academic knowledge1 higher-order reasoning and problem-solving skills1 work attitudes1 general employability skills1 technical skills1 and occupation-specific skills1 and knowledge of all aspects of an industry1 including entrepreneurship1 of an individual4 7#f7 ,charter school ,the term charter school has the meaning given the term in section #ebaj of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;i74 7#g7 ,chief elected official ,the term chief elected official means-- 7,a7 the chief elected executive officer of a unit of general local government in a local area2 and 7,b7 in a case in which a local area includes more than one unit of general local government1 the individuals designated under the agreement described in section #bbb7;b77#a77;,b77ii74 7#h7 ,covered program providing worker training services and activities ,the term covered program providing worker training services and activities means any program providing worker training services and activities1 except a labor exchange system under section #cah and an employment statistics system under section #cai4 7#i7 ,disadvantaged adult ,the term disadvantaged adult-- 7,a7 means an adult who received an income1 or is a member of a family that received a total family income1 for the #f-month period prior to application for the program involved 7exclusive of unemployment compensation1 child support payments1 payments described in paragraph 7#bj77;,a71 and old-age and survivors insurance benefits received under section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb771 that1 in relation to family size1 does not exceed the higher of-- 7i7 the poverty line1 for an equivalent period2 or 7ii7 #gj percent of the lower living standard income level1 for an equivalent period2 and 7,b7 does not include students enrolled in a #b-year or #d-year program of study at an institution of higher education4 7#aj7 ,disadvantaged youth ,the term disadvantaged youth-- 7,a7 means-- 7i7 an individual who-- 7,i7 is age #ad through age #ba2 and 7,,ii7 is a low-income individual1 has a disability1 or is blind as determined pursuant to title ,,ii or title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq41 #acha et seq472 or 7ii7 an individual who-- 7,i7 is under age #bg2 7,,ii7 attends-- 7aa7 a secondary school 7including a charter school1 or a secondary school1 used exclusively or principally for the provision of career and technical education72 or 7bb7 an institution of higher education used exclusively or principally for the provision of career and technical education2 and 7,,iii7 meets the requirements of subclause 7,,ii7 of clause 7i72 and 7,b7 does not include students enrolled in a #b-year or #d-year program of study at an institution of higher education and members of the armed forces 7as defined in section #aja of title #aj1 ,united ,states ,code7 who are serving on active duty4 7#aa7 ,eligible veteran ,the term eligible veteran has the meaning given the term in section #dbaa7d7 of title #ch1 ,united ,states ,code4 7#ab7 ,excess number ,the term excess number means1 used with respect to the excess number of unemployed individuals within a ,state1 the higher of-- 7,a7 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in the ,state2 or 7,b7 the number that represents the number of unemployed individuals in excess of #d4e percent of the civilian labor force in areas of substantial unemployment in such ,state4 7#ac7 ,governor ,the term ,governor means the chief executive of a ,state4 7#ad7 ,homeless1 homeless individual ,the terms homeless and homeless individual have the meaning given such terms in section #ajc7;a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb7;a774 7#ae7 ,indian1 ,indian tribe1 and tribal organization ,the terms ,indian1 ,indian tribe1 and tribal organization have the meanings given such terms in subsections 7d71 7e71 and 7l71 respectively1 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#af7 ,individual with a disability ,the term individual with a disability means an individual who has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment1 including an individual who has a disability or is blind as determined pursuant to title ,,ii or title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq41 #acha et seq474 7#ag7 ,individuals with disabilities ,the term individuals with disabilities means more than one individual with a disability4 7#ah7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#ai7 ,local area ,the term local area means a local workforce investment area designated under section #bba1 except as provided in section #cai4 7#bj7 ,local board ,the term local board means a local workforce investment board established under section #bbb4 7#ba7 ,low-income individual ,the term low-income individual means an individual who-- 7,a7 receives1 or is a member of a family that receives1 cash payments under a ,federal1 ,state1 or local income-based public assistance program2 7,b7 received an income1 or is a member of a family that received a total family income1 for the #f-month period prior to application for the program involved 7exclusive of unemployment compensation1 child support payments1 payments described in subparagraph 7,a71 and old-age and survivors insurance benefits received under section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb77 that1 in relation to family size1 does not exceed the higher of-- 7i7 the poverty line1 for an equivalent period2 or 7ii7 #gj percent of the lower living standard income level1 for an equivalent period2 7,c7 is a member of a household that receives 7or has been determined within the #f-month period prior to application for the program involved to be eligible to receive7 supplemental nutrition assistance program benefits pursuant to the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,d7 is homeless2 7,e7 is a foster child on behalf of whom ,state or local government payments are made2 or 7,f7 in cases permitted by regulations promulgated by the ,secretary of ,labor1 is an individual with a disability whose own income meets the requirements of a program described in subparagraph 7,a7 or subparagraph 7,b71 but who is a member of a family whose income does not meet such requirements4 7#bb7 ,native ,hawaiian and ,native ,hawaiian organization ,the terms ,native ,hawaiian and ,native ,hawaiian organization have the meanings given such terms in section #gbjg of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geag74 7#bc7 ,one-stop operator ,the term one-stop operator means an entity that has a designation or certification in effect under section #bca4 7#bd7 ,outlying area ,the term outlying area means the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,republic of ,palau 7except during any period for which the ,secretary determines that a ,compact of ,free ,association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this ,act74 7#be7 ,participant ,the term participant means an individual who has been determined to be eligible to participate in services or activities1 and who is participating in services or activities1 under a program authorized by this ,act4 ,participation shall be deemed to commence on the first day1 following determination of eligibility1 on which the individual begins participating in subsidized employment1 training1 or other services or activities provided under this ,act4 7#bf7 ,secondary school ,the term secondary school has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#bg7 ,secondary education ,the term secondary education means education services provided by a secondary school4 7#bh7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#bi7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#cj7 ,state board ,the term ,state board means a ,state workforce investment board established under section #baa4 7#ca7 ,underemployed individual ,the term underemployed individual means an individual who wants and is available for full-time work but has had to settle for part-time work4 7#cb7 ,unemployed individual ,the term unemployed individual means an individual who is without a job and who wants and is available for work4 ,the determination of whether an individual is without a job1 for purposes of this paragraph1 shall be made in accordance with the criteria used by the ,bureau of ,labor ,statistics of the ,department of ,labor in defining individuals as unemployed4 7#cc7 ,unit of general local government ,the term unit of general local government means any general purpose political subdivision of a ,state that has the power to levy taxes and spend funds1 as well as general corporate and police powers4 7#cd7 ,worker training services and activities ,the term worker training services and activities means any services provided to1 or activities for1 jobseekers1 employers1 or employees under title ,,iii4 #ajb4 ,powers of ,federal ,government ,an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 shall have the power to issue regulations under this ,act only when explicitly stated in this ,act and only for the purposes and to the extent explicitly stated in this ,act4 ,,ii ,statewide and local workforce investment systems #bja4 ,purpose ,the purpose of this title is to provide worker training services and activities1 through statewide and local workforce investment systems1 that increase the employment1 retention1 and earnings of participants1 and increase educational and occupational skill attainment by participants4 ,a ,state ,provisions #baa4 ,state workforce investment boards 7a7 ,establishment ,the ,governor of a ,state shall establish a ,state workforce investment board4 7b7 ,membership 7#a7 ,composition ,the ,governor shall1 not less often than once every #c years1 appoint members of the ,state board1 who shall consist of-- 7,a7 representatives of business in the ,state2 7,b7 representatives of employees' interests1 such as representatives of labor organizations1 in the ,state2 and 7,c7 other persons that the ,governor shall designate4 7#b7 ,maximum number of members ,the ,state board shall not have more than #bj members4 7#c7 ,majority ,a majority of the members of the ,state board shall be representatives of business in the ,state4 7#d7 ,chairperson ,the ,governor shall select a ,chairperson for the ,state board from among its members4 7#e7 ,service at will of ,governor ,service of a member of the ,state board shall be at the will of the ,governor4 7#f7 ,decertification and removal ,the ,governor may1 without providing notice or an opportunity to appeal1 decertify a ,state board or remove any member of a ,state board1 at any time for-- 7,a7 fraud or abuse2 or 7,b7 failure to carry out ,state board functions to the ,governor's satisfaction4 7c7 ,functions ,the functions of the ,state board shall include3 7#a7 ,state plan ,consistent with section #bab1 each ,state board shall develop and submit to the ,secretary a ,state plan4 7#b7 ,local areas ,consistent with section #bba1 the ,state board shall designate local areas4 7#c7 ,grant recipient ,the ,state board shall serve as the ,state grant recipient of ,federal funds distributed for the ,state under this ,act4 7#d7 ,local boards ,the ,state board shall-- 7,a7 allocate and disburse funds to local boards under title ,,iii2 and 7,b7 review1 and approve or reject1 local plans under section #bbc4 7#e7 ,employment statistics system1 labor exchange system and unemployment compensation ,consistent with sections #cah and #cai1 the ,state board shall-- 7,a7 carry out-- 7i7 coordination and development of a labor exchange system 7including provision of services through that system7 under section #cah2 and 7ii7 cooperative governance of an employment statistics system 7including provision of employment statistics information7 under section #cai2 and 7,b7 ensure that the work test for the ,state unemployment compensation system is administered at each one-stop center4 7#f7 ,statistics and performance data ,the ,state board shall disseminate the information and data and carry out the other functions required by section #cai7;e7 and submit the report required by section #djb7;c77#a77;,b74 ,the ,state board shall establish a process for-- 7,a7 local boards and entities carrying out covered programs providing worker training services and activities1 and one-stop operators1 to collect and submit the information and data required by section #cai7;e77#a77;,e72 and 7,b7 local boards and entities carrying out covered programs providing worker training services and activities to collect and submit1 under section #djb7;c77#a71 the statistics and information indicating the levels of performance on all applicable performance indicators described in section #djb7;b71 in the aggregate and disaggregated by the demographic factors described in that section4 7#g7 ,other functions ,the ,state board shall carry out all other functions required of the ,state board under this ,act4 7d7 ,budget and administration 7#a7 ,funds for ,state boards 7,a7 ,reserved funds ,the ,state board may use funds reserved or retained for ,state board administrative costs under sections #cac7;c71 #ccc7;c71 and #cgc7;d7 for functions of the ,state board4 7,b7 ,donations ,the ,state board may solicit and accept gifts and donations from sources other than ,federal funds made available under this ,act1 for functions of the ,state board4 7#b7 ,budget ,the ,state board shall develop a budget for the functions of the ,state board4 7#c7 ,staff ,the ,state board may employ staff to assist in carrying out the functions of the ,state board4 7e7 ,conflict of interest ,a member of a ,state board may not-- 7#a7 vote on a matter under consideration by the ,state board-- 7,a7 regarding the provision of services or activities by such member 7or by an entity that such member represents72 or 7,b7 that would provide direct financial benefit to such member or the immediate family of such member2 or 7#b7 engage in any other activity determined by the ,governor to constitute a conflict of interest as specified in the ,state plan4 7f7 ,sunshine provision ,the ,state board shall make available to the public1 on a regular basis through open meetings1 information regarding the activities of the ,state board1 including information regarding the ,state plan prior to submission of the plan1 information regarding membership1 and1 on request1 minutes of formal meetings of the ,state board4 ,the ,state board shall provide an opportunity for public comment on and input into development of the ,state plan before submission of the plan to the ,secretary4 #bab4 ,state plan 7a7 ,in general ,for a ,state to be eligible to receive funds under this ,act1 the ,state board shall develop and submit to the ,secretary a single ,state plan 7referred to in this ,act as the ,state plan7 that has been approved by the ,governor of the ,state and that outlines a #a- to #c-year strategy for the statewide workforce investment system of the ,state and that meets the requirements of this ,act4 7b7 ,contents ,the ,state plan shall include-- 7#a7 a list of members of the ,state board2 7#b7 an assurance that the ,state has met the requirements of subsections 7c71 7e71 and 7f7 of section #baa2 7#c7 information identifying the local areas designated in the ,state1 the rationale for designating those local areas1 and the population of unemployed individuals and of underemployed individuals in each local area2 7#d7 an assurance that any grants and contracts for a covered program providing worker training services and activities 7other than supplemental services provided under section #caf or #cag7 or providers of activities relating to labor exchange or employment statistics system1 awarded by the ,governor1 the ,state board1 and local boards 7directly or through one-stop operators7 will be awarded on a competitive basis and a description of the ,state's rules and criteria for the competitive process2 7#e7 a description of the process used by the ,state consistent with section #baa7;f7 to provide an opportunity for public comment on and input into development of the plan1 before submission of the plan2 7#f7 assurances that the ,state will establish and require all local boards to comply with1 in accordance with section #djc1 fiscal control and fund accounting procedures in order to ensure the proper disbursement of1 and accounting for1 ,federal funds paid to the ,state2 7#g7 a description of-- 7,a7 the methods and criteria the ,state will use in allocating funds to local boards under sections #cac7;e71 #ccc7;d71 and #cgc7;c72 7,b7 the worker training services and activities that will be carried out with funds received by the ,state under this ,act1 and how the ,state will ensure the ,state meets the needs of-- 7i7 eligible veterans2 7ii7 unemployed individuals1 and underemployed individuals1 who are age #af or older2 7iii7 required participants in an employment and training program under section #f7;d77#d77;,c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77;,c771 as amended by section #cbc7;a72 7iv7 persons certified by the ,secretary under section #bbc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc7;a772 7v7 disadvantaged youth2 7vi7 individuals with disabilities2 7vii7 ,indians 7including ,alaska ,natives7 and ,native ,hawaiians2 and 7viii7 individuals who are age #ee or older2 7,c7 the requirements and restrictions the ,state board places on local boards in the ,state concerning use of funds under this ,act2 7,d7 the requirements and restrictions the ,state board places on other recipients of ,federal funds from the ,state concerning use of funds under this ,act2 7,e7 7i7 the expected levels of performance for the ,state on the performance indicators listed in section #djb7;b72 and 7ii7 any performance indicators1 in addition to those listed in section #djb7;b71 that the ,state chooses to apply under section #djb7;d77#a77;,b7 and the ,state's expected levels of performance for those indicators2 and 7,f7 how the ,state will hold local boards and other recipients of ,federal funds from the ,state accountable for their performance on performance indicators2 7#h7 information meeting the requirements of sections #ccd7;b7 and #cge7;a77#b72 and 7#i7 information specifying any activity determined to be a conflict of interest for purposes of section #baa or #bbb4 7c7 ,plan submission and approval ,the ,state board shall submit the ,state plan to the ,secretary for approval4 ,a ,state plan submitted to the ,secretary under this section shall be considered to be approved by the ,secretary at the end of the #ij-;day period beginning on the day the ,secretary receives the plan1 unless the ,secretary makes a written determination1 during the #ij-;day period1 that the plan is inconsistent with the provisions of this ,act4 7d7 ,modifications to plan ,a ,state may submit modifications to a ,state plan in accordance with the requirements of this section and section #baa as necessary during the #a- to #c-year period covered by the plan4 7e7 ,powers of the ,secretary ,the ,secretary may issue regulations under this section regarding the timing1 format1 and submission of the ,state plan and modifications to the ,state plan1 but may not add any requirements for matters to be included in the ,state plan1 other than the matters specified in subsection 7b74 ,b ,local provisions #bba4 ,local workforce investment areas 7a7 ,designation of areas 7#a7 ,in general ,in order for a ,state to receive funds under this ,act1 every #c years1 or more often if the ,state board chooses1 the ,state board shall designate local workforce investment areas within the ,state4 ,the ,state board may designate such an area even if no application is received for the area under paragraph 7#b74 7#b7 ,applications ,the ,state board shall establish a process by which one or more units of general local government may apply for designation as a local area4 ,the ,state board shall approve any application for designation as a local area from any unit of general local government with a population of #a1jjj1jjj or more4 7#c7 ,considerations ,in making the designation of local areas1 the ,state board shall take into consideration-- 7,a7 the extent to which the local areas are consistent with labor market areas2 7,b7 the distance that individuals will need to travel to receive services and activities provided in such local areas2 7,c7 the resources of such local areas that are available to effectively administer the services and activities carried out under title ,,iii2 and 7,d7 any other factors that the ,state board requires4 7#d7 ,single local area ,subject to paragraph 7#b71 the ,state board may designate the entire ,state as a single local area4 7b7 ,local board planning and cooperation 7#a7 ,information sharing ,the ,state may require local boards to share1 in feasible cases1 employment statistics1 information about employment opportunities and trends1 and other types of information that would assist in improving the performance of local boards4 7#b7 ,coordination of services and activities ,the ,state may require local boards to coordinate the provision of worker training services and activities1 including the provision of transportation and other supportive services4 7#c7 ,interstate regions ,two or more ,states that contain an interstate region that is a labor market area1 economic development region1 or other appropriate contiguous subarea of the ,states may coordinate or jointly exercise the functions described in paragraphs 7#a7 and 7#b7 in that region4 #bbb4 ,local workforce investment boards 7a7 ,establishment ,the ,state board shall every #c years1 or more often if the ,state board chooses1 establish in each local area a local workforce investment board4 7b7 ,membership 7#a7 ,appointment of members 7,a7 ,appointing official ,in this subsection1 the term appointing official means-- 7i7 for a member of a local board appointed under subparagraph 7,c77i71 the chief elected official that appointed the member2 7ii7 for a member of a local board appointed under subparagraph 7,c77ii77,i71 the chief elected official or officials designated in the agreement described in that subparagraph2 and 7iii7 for a member of a local board appointed under subparagraph 7,c77ii77,,ii71 the ,governor4 7,b7 ,state board criteria ,the ,state board shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas4 ,the criteria shall be consistent with this section4 7,c7 ,chief elected officials 7i7 ,single unit ,in a case in which a local area includes only #a unit of general local government1 the chief elected official shall appoint the members of the local board for such area1 in accordance with this section and the ,state criteria4 7ii7 ,multiple units ,in a case in which a local area includes more than #a unit of general local government-- 7,i7 the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials in the appointment and removal of the members of the local board and the decertification of the local board1 in accordance with this section and the ,state criteria2 and 7,,ii7 if1 after a reasonable effort1 the chief elected officials are unable to reach agreement as provided under subclause 7,i71 the ,governor may appoint the members of the local board from individuals nominated by the chief elected officials4 7#b7 ,composition ,the members of the local board shall consist of-- 7,a7 representatives of business in the local area2 7,b7 representatives of employees' interests1 such as representatives of labor organizations1 in the local area2 and 7,c7 other persons that the appointing official described in paragraph 7#a7 shall designate4 7#c7 ,maximum number of members ,the local board shall not have more than #bj members4 7#d7 ,majority ,a majority of the members of the local board shall be representatives of business in the local area4 7#e7 ,chairperson ,the members of the local board shall1 by majority vote1 elect a ,chairperson for the local board4 7#f7 ,service at will of appointing official ,service of a member of the local board shall be at the will of the appointing official4 7#g7 ,decertification and removal ,an appointing official may1 without providing notice or an opportunity to appeal1 decertify a local board1 or remove a member of a local board1 at any time for-- 7,a7 fraud or abuse2 or 7,b7 failure to carry out local board functions to the satisfaction of the appointing official4 7c7 ,single ,state local area ,notwithstanding subsection 7b71 if a ,state determines that the ,state will be treated as a local area for purposes of the application of this ,act1 the ,governor may designate the ,state board to carry out any or all of the functions of a local board under this ,act4 7d7 ,functions of local board ,the functions of the local board shall include the following3 7#a7 ,local plan ,consistent with section #bbc1 each local board shall develop and submit to the ,state board a local plan4 7#b7 ,one-stop operators and training providers 7,a7 ,selection of one-stop operators 7i7 ,designation or certification ,consistent with section #bca7;b7 and any requirements imposed by the ,state board1 the local board shall designate or certify one-stop operators4 7ii7 ,termination ,the local board may terminate at will the designation or certification of such an operator4 7,b7 ,selection of eligible providers of training services ,consistent with section #bda1 the local board shall 7directly or through a one-stop operator7 select eligible providers of training services4 7,c7 ,allocation of funds among one-stop operators ,consistent with this ,act1 the local board shall allocate among one-stop operators funds allocated by the ,state board for worker training services and activities under sections #cac7;e77#a71 #ccc7;d77#c71 and #cgc7;c71 and shall allocate funds for local administrative costs under sections #cac7;e77#b71 #ccc7;d77#b71 and #cgc7;d74 7,d7 ,limitation on ,secretary's authority ,the ,secretary shall not issue regulations governing determinations to be made under this paragraph4 7#c7 ,employment statistics system1 labor exchange system1 and unemployment compensation ,consistent with sections #cah and #cai1 the local board shall assist the ,state board with the labor exchange system and employment statistics system under sections #cah and #cai1 and shall ensure that the work test for the ,state unemployment compensation system is administered at each one-stop center4 7#d7 ,statistics and performance data ,the local board shall comply with the process established by the ,state board under section #baa7;c77#f71 as the process applies to local boards1 for collecting and submitting the information and data required by section #cai7;e77#a77;,e7 and the statistics and information indicating the levels of performance on all applicable performance indicators described in section #djb7;b71 in the aggregate and disaggregated by the demographic factors described in that section4 7#e7 ,duties designated by the ,state board ,the local board shall carry out all other functions designated by the ,state board4 7e7 ,budget and administration 7#a7 ,funds for local boards 7,a7 ,reserved funds ,the local board may use funds reserved or retained for local board administrative costs under sections #cac7;e77#b71 #ccc7;d77#b71 and #cgc7;d7 for functions of the local board4 7,b7 ,donations ,the local board may solicit and accept gifts and donations from sources other than ,federal funds made available under this ,act1 for functions of the local board4 7#b7 ,budget ,the local board shall develop a budget for the functions of the local board4 7#c7 ,staff ,the local board may employ staff to assist in carrying out the functions of the local board4 7#d7 ,disbursal of funds to providers ,consistent with this ,act1 the local board shall disburse 7directly or through a one-stop operator7 funds allocated by the ,state board for worker training services and activities1 to be carried out in accordance with this ,act 7including the requirements of the local plan74 7f7 ,limitation on local board's authority ,no local board1 in carrying out this ,act1 shall mandate the curriculum1 a standard1 or an assessment for an elementary school or secondary school4 7g7 ,conflict of interest ,a member of a local board may not-- 7#a7 vote on a matter under consideration by the local board-- 7,a7 regarding the provision of services or activities by such member 7or by an entity that such member represents72 or 7,b7 that would provide direct financial benefit to such member or the immediate family of such member2 or 7#b7 engage in any other activity determined by the ,governor to constitute a conflict of interest as specified in the ,state plan4 7h7 ,sunshine provision ,the local board shall make available to the public1 on a regular basis through open meetings1 information regarding the activities of the local board1 including information regarding the local plan prior to submission of the plan1 information regarding membership1 the designation or certification of one-stop operators1 and the selection of eligible providers of training services1 and on request1 minutes of formal meetings of the local board4 ,the local board shall provide an opportunity for public comment on and input into the development of the local plan before submission of the plan to the ,state board4 #bbc4 ,local plan 7a7 ,in general ,to be eligible to receive funds under this ,act1 each local board shall develop and submit to the ,state board a single local plan 7referred to in this ,act as the local plan7 that outlines a #a- to #c-year strategy for the local workforce investment system of the local area and that meets the requirements of this ,act 7including requirements of the ,state plan74 7b7 ,contents ,the local plan shall include-- 7#a7 a list of members of the local board2 7#b7 an assurance that the requirements of subsections 7d71 7f71 7g71 and 7h7 of section #bbb have been met2 7#c7 an assurance that any grants and contracts involving ,federal funds awarded by the local board 7directly or through a one-stop operator7 to providers of a covered program providing worker training services and activities or providers of activities relating to labor exchange or employment statistics system under section #cac7;e77#d71 section #ccc7;d77#c71 and section #cgc7;c7 will be awarded on a competitive basis2 7#d7 a description of the process used by the local board consistent with section #bbb7;h7 to provide an opportunity for public comment on and input into development of the plan1 before submission of the plan2 7#e7 an assurance that the local board will comply with all fiscal control and fund accounting procedures established by the ,state board under section #djc in order to ensure the proper disbursement of1 and accounting for1 ,federal funds allocated to the local area2 and 7#f7 a description of-- 7,a7 the needs in the local area for worker training services and activities1 including information on such needs of the unemployed individuals and underemployed individuals in the local area2 7,b7 the one-stop delivery system to be established in the local area2 7,c7 the division of responsibility between the local board and the one-stop operators in the local area1 acting under section #bda7;a71 for awarding any grants or contracts to eligible entities to provide worker services training and activities under paragraphs 7#c7 and 7#d7 of section #cac7;e71 section #ccc7;d77#c71 and section #cgc7;c72 7,d7 the methods and factors the local board will use in allocating ,federal funds for worker training services and activities described in paragraphs 7#c7 and 7#d7 of section #cac7;e71 section #ccc7;d77#c71 and section #cgc7;c7 among one-stop operators in the local area2 7,e7 the methods and factors the local board will use in allocating ,federal funds for administrative costs under sections #cac7;e77#b71 #ccc7;d77#b71 and #cgc7;d7 among one-stop operators in the local area2 7,f7 the competitive process to be used by the local board 7directly or through a one-stop operator7 to award any grants and contracts referred to in paragraph 7#c72 7,g7 the worker training services and activities that will be carried out with funds received by the local board under this ,act1 and how the local board will ensure the local board meets the needs of-- 7i7 eligible veterans2 7ii7 unemployed individuals1 and underemployed individuals1 who are age #af or older2 7iii7 required participants in an employment and training program under section #f7;d77#d77;,c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77;,c771 as amended by section #cbc7;a72 7iv7 persons certified by the ,secretary under section #bbc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc7;a772 7v7 disadvantaged youth2 7vi7 individuals with disabilities2 7vii7 ,indians 7including ,alaska ,natives7 and ,native ,hawaiians2 and 7viii7 individuals who are age #ee or older2 7,h7 how the local board will hold one-stop operators and other recipients of ,federal funds from the local board accountable for their performance2 and 7,i7 such other information as the ,state board may require4 7c7 ,plan submission and approval ,the local board shall submit the local plan to the ,state board for approval4 ,c ,one-,stop delivery system #bca4 ,one-stop delivery system 7a7 ,system ,consistent with this ,act1 the local board shall establish a one-stop delivery system1 comprised of one-stop centers1 in the local area4 7b7 ,designation and certification of one-,stop operators ,consistent with this ,act 7including the requirements of the ,state plan and any other requirements imposed by the ,state board71 the local board may-- 7#a7 choose the number and location of one-stop centers that will operate in the local area1 to facilitate the provision of worker training services and activities2 7#b7 allocate the funds the local board receives for worker training services and activities under sections #cac7;e77#a71 #ccc7;d77#c71 and #cgc7;c7 among the one-stop operators for the operation of the centers2 7#c7 allocate the funds the local board receives for administrative costs under sections #cac7b71 #ccc7;d77#b71 and #cgc7;d7 among the one-stop operators for the operation of the centers2 7#d7 designate or certify one-stop operators for such centers2 and 7#e7 terminate at will the designation or certification of such operators4 7c7 ,eligibility ,to be eligible to receive funds made available under subsection 7b7 to operate a one-stop center1 an entity-- 7#a7 may be a public or private entity1 or consortium of entities1 except that elementary schools and secondary schools 7other than secondary schools providing career and technical education7 shall not be eligible to receive the funds2 and 7#b7 shall be designated or certified as a one-stop operator through a competitive process4 ,d ,providers of training services #bda4 ,providers of training services 7a7 ,contracts with providers of training services ,a local board may-- 7#a7 select and directly enter into contracts with eligible entities to provide training services in the local area2 or 7#b7 delegate to one-stop operators in the local area the responsibility for making those selections and entering into those contracts4 7b7 ,criteria for providers of training services ,consistent with this ,act 7including requirements of the corresponding ,state plan and local plan1 and any other requirements imposed by the ,state or local board71 the local board may list criteria for selection of an eligible entity to receive funds made available under title ,,iii to provide training services in the local area4 7c7 ,eligibility ,to be eligible to receive funds through a contract awarded under subsection 7a7 to provide a program of training services1 an entity-- 7#a7 may be a public or private entity1 or consortium of entities1 of demonstrated effectiveness2 7#b7 shall be selected through a competitive process2 and 7#c7 shall submit-- 7,a7 in accordance with the process established by the ,state board under section #baa7;c77#f71 as the process applies to such an entity1 the statistics and information indicating the level of performance on all applicable performance indicators described in section #djb7;b71 in the aggregate and disaggregated by the demographic factors described in that section2 and 7,b7 to the local board 7or a one-stop operator with the responsibility described in subsection 7a77#b771 any other information required by the ,state or local board4 7d7 ,training services ,in this section1 the term training services means-- 7#a7 adult training services2 7#b7 youth training services described in section #ccd2 7#c7 advanced career training referred to in section #cdh7;c72 and 7#d7 vocational rehabilitation services and information and referral services described in section #cge4 ,,iii ,worker ,training ,services and ,activities #cja4 ,fiscal year basis ,funds appropriated for any fiscal year for services and activities carried out under this title shall be available for obligation only on the basis of a fiscal year4 #cjb4 ,priority for services ,a ,state shall ensure that veterans receive priority of service as provided under section #dbae of title #ch1 ,united ,states ,code1 in the delivery within the ,state of each of the following services and activities3 7#a7 ,adult training services authorized under section #cae4 7#b7 ,youth training services authorized under section #ccd4 7#c7 ,services and activities provided through a ,job ,corps center and authorized under chapter #b of subtitle ,b4 7#d7 ,vocational rehabilitation services and information and referral services authorized under section #cge4 7#e7 ,worker training activities authorized under section #cha4 ,a ,adult ,worker ,training ,services and ,activities #caa4 ,authorization of appropriations ,there is authorized to be appropriated for adult training services1 supplemental services 7for individuals who are eligible for trade adjustment assistance7 under section #caf1 supplemental services 7for designated recipients of supplemental nutrition assistance7 under section #cag1 coordination and development of a labor exchange system and administration of a work test for unemployment compensation under section #cah1 and cooperative governance of an employment statistics system under section #cai-- 7#a7 #c1chd1dei1jjj for fiscal year #bjaf2 7#b7 #c1dcb1jhc1jjj for fiscal year #bjag2 7#c7 #c1dhd1jdf1jjj for fiscal year #bjah2 7#d7 #c1edj1cde1jjj for fiscal year #bjai2 and 7#e7 #c1eib1cjh1jjj for fiscal year #bjbj4 #cab4 ,allotment of funds for adult worker training services and activities 7a7 ,secretary's reserve 7#a7 ,reservation ,from the amount appropriated under section #caa for each fiscal year1 the ,secretary shall reserve not more than #c4c percent to make national emergency grants under this subsection4 7#b7 ,grants ,the ,secretary shall use the reserved funds to make1 on a competitive basis1 national emergency grants-- 7,a7 to a ,state board or local board to provide adult training services to workers affected by major economic dislocations1 such as plant closures1 mass layoffs1 or closures and realignments of military installations2 and 7,b7 to provide assistance to the ,governor of any ,state within the boundaries of which is an area that has suffered an emergency or a major disaster as defined in paragraphs 7#a7 and 7#b71 respectively1 of section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb7 to provide disaster relief employment in the area4 7#c7 ,application 7,a7 ,form and procedure ,to be eligible to receive a grant under this subsection1 a ,state board1 local board1 or ,governor shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,minimum requirements ,the ,secretary shall require that the application contain1 at a minimum-- 7i7 a request for the grant1 specifying the amount of the grant funds requested and the proposed uses for the funds2 7ii7 a description of the services that will be provided to participants1 and how those services will prepare the participants for employment2 and 7iii7 information indicating that the applicant meets any other criteria the ,secretary shall establish4 7#d7 ,approval ,to the extent practicable1 the ,secretary shall notify each applicant1 not later than #e months after the date of receipt of the application by the ,secretary1 concerning whether the application is approved or not approved4 7#e7 ,powers of ,secretary ,the ,secretary may issue regulations to carry out this subsection4 7b7 ,outlying areas 7#a7 ,funds ,from the amount appropriated under section #caa for each fiscal year1 the ,secretary shall reserve not more than #j4bae percent to provide assistance to the outlying areas to provide adult training services4 ,specifically1 the ,secretary shall provide not more than-- 7,a7 #j4jg percent of that amount to ,guam2 7,b7 #j4jae percent of that amount to ,american ,samoa2 7,c7 #j4jcc percent of that amount to the ,commonwealth of the ,northern ,mariana ,islands2 7,d7 except as described in section #aja7bd71 #j4jjg percent of that amount to the ,republic of ,palau2 and 7,e7 #j4ji percent of that amount to the ,united ,states ,virgin ,islands4 7#b7 ,powers of secretary ,the ,secretary may issue regulations to carry out this subsection4 7c7 ,states 7#a7 ,funds ,the ,secretary shall-- 7,a7 combine-- 7i7 the amount appropriated under section #caa for a fiscal year1 and not reserved under subsection 7a7 or 7b72 and 7ii7 funds made available under section #bhf7s77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77#b77 for the fiscal year2 and 7,b7 allot the combined funds to ,states under paragraph 7#b74 7#b7 ,formula for allotting funds to ,states 7,a7 ,formula ,subject to subparagraph 7,b71 of the combined funds-- 7i7 #cd percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each ,state1 compared to the total number of unemployed individuals in areas of substantial unemployment in all ,states2 7ii7 #bd percent shall be allotted on the basis of the relative excess number of unemployed individuals in each ,state1 compared to the total excess number of unemployed individuals in all ,states2 7iii7 #aj percent shall be allotted on the basis of the relative number of disadvantaged adults in each ,state1 composed to the total number of disadvantaged adults in all ,states2 7iv7 #ad percent shall be allotted on the basis of the relative number of individuals who have been unemployed for #ae weeks or more in each ,state1 compared to the total number of such individuals in all ,states2 and 7v7 #ah percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each ,state1 compared to the total number of individuals in the civilian labor force in all ,states4 7,b7 ,minimum allotments 7i7 ,fiscal year #bjaf ,in making allotments under this paragraph for fiscal year #bjaf1 the ,secretary shall ensure that no ,state receives an allotment in an amount that is less than #ij percent of the combined amount the ,state received for fiscal year #bjae under paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfb7;b771 as in effect on ,june #cj1 #bjae1 and section #f of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;e71 as in effect on that date4 7ii7 ,subsequent fiscal years ,in making allotments under this paragraph for fiscal year #bjag and each subsequent fiscal year1 the ,secretary shall ensure that no ,state receives an allotment for the fiscal year involved in an amount that is less than #ij percent of the allotment the ,state received for the prior fiscal year under this paragraph4 #cac4 ,within ,state allocation 7a7 ,governor's reserve ,from the amount allotted to a ,state under section #cab7;c7 for a fiscal year1 the ,governor of the ,state shall reserve not more than #ae percent for adult training services4 ,the ,governor shall use the reserved amount to award contracts1 on a competitive basis1 to eligible entities as described in section #bda to provide adult training services under section #cae4 7b7 ,distribution of funds to ,state boards ,the ,governor shall distribute to the ,state board-- 7#a7 the amount allotted to the ,state under section #cab7;c7 and not reserved under subsection 7a72 7#b7 the portion of funds the ,state designates under section #bcg of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbig71 from the funds distributed to the ,state under chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq47 7as such section and such chapter are amended by section #cba72 7#c7 funds allocated to the ,state under section #af7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;h772 and 7#d7 any funds the ,state chooses to contribute from the temporary assistance for needy families ,state family assistance grant under section #djc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjc7;a77#a77 in accordance with section #djd7;d77#d7 of such ,act 7#db ,u4,s4,c4 #fjd7;d77#d774 7c7 ,administrative costs of ,state boards ,each ,state board may retain not more than #b4e percent of the funds the ,state board receives under subsection 7b71 for the administrative costs of the ,state board in carrying out this subtitle4 7d7 ,state board funds for labor exchange and employment statistics systems ,from the funds the ,state board receives under subsection 7b71 the ,state board shall reserve a portion determined by the ,state board-- 7#a7 to carry out-- 7,a7 coordination and development of a labor exchange system 7including provision of services through that system7 under section #cah2 and 7,b7 cooperative governance of an employment statistics system 7including provision of employment statistics information7 under section #cai2 and 7#b7 to ensure that the work test for the ,state unemployment compensation system is administered at each one-stop center in the ,state1 by an employee or entity determined by the ,state4 7e7 ,allocation of funds to local boards 7#a7 ,allocations ,the ,state board shall allocate the funds distributed to the ,state board under subsection 7b7 and not reserved or retained under subsection 7c7 or 7d7 to local boards for services and activities listed in section #cad4 ,the ,state board shall allocate the funds according to criteria included in a ,state plan submitted and approved under section #bab4 7#b7 ,administrative costs of local boards ,each local board may retain not more than #e percent of the funds the local board receives under this subsection1 for the administrative costs of the local board in carrying out this subtitle4 7#c7 ,local board funds for supplemental services ,from the funds the local board receives under paragraph 7#a71 the local board shall reserve a portion determined by the local board to provide supplemental services under sections #caf and #cag4 7#d7 ,local board funds for adult training services and systems ,the local board shall use the funds allocated to the local board under paragraph 7#a7 and not reserved or retained under paragraph 7#b7 or 7#c7 to award contracts1 on a competitive basis-- 7,a7 to eligible entities as described in section #bda to provide adult training services under section #cae2 and 7,b7 to qualified entities to carry out activities and services described in paragraphs 7#a7 and 7#b7 of subsection 7d74 #cad4 ,use of funds ,funds reserved1 retained1 or allocated under section #cac may be used only for-- 7#a7 adult training services under section #cae2 7#b7 supplemental services under section #caf and #cag2 7#c7 coordination and development of a labor exchange system 7including provision of services through that system7 and administration of a work test for unemployment compensation under section #cah2 7#d7 cooperative governance of an employment statistics system 7including provision of employment statistics information7 under section #cai2 and 7#e7 administrative costs of ,state boards and local boards in carrying out this subtitle4 #cae4 ,adult training services 7a7 ,in general ,adult training services under this subtitle are any services designed to promote literacy1 educational attainment1 work-related skills1 employment1 employment retention1 and higher wages among participants1 including-- 7#a7 individual assessment2 7#b7 job search and placement assistance services2 7#c7 work experience and skills training1 including through an industry sector partnership2 7#d7 occupational skills training1 including career and technical education and training through apprenticeships2 7#e7 on-the-job training2 7#f7 services and activities designed to meet the educational needs of participants1 including-- 7,a7 basic skills instruction and remedial education2 7,b7 language instruction educational programs for ,english learners 7defined as individuals with the proficiency described in section #iaja7be7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7be7772 7,c7 secondary education services and activities1 including classroom instruction1 tutoring1 study skills training1 and dropout prevention activities1 designed to lead to the attainment of a secondary school diploma or its generally recognized equivalent 7including a credential for achievement of recognized alternative standards for individuals with disabilities72 7,d7 counseling and assistance in obtaining education at an institution of higher education and necessary financial aid2 and 7,e7 alternative secondary school services2 7#g7 a training program or coursework at an institution of higher education1 including a training program or coursework for the purpose of-- 7,a7 obtaining a degree or certification2 or 7,b7 completing a degree or certification that the worker had previously begun at an institution of higher education2 and 7#h7 other services designed to promote literacy1 educational attainment1 work-related skills1 employment1 employment retention1 and higher wages among participants4 7b7 ,eligible individuals ,to be eligible to receive adult training services1 an individual shall be-- 7#a7 age #af or older2 and 7#b7 an unemployed individual or an underemployed individual4 7c7 ,priority of service ,in providing adult training services under this subtitle1 the ,state shall ensure that all persons designated by the ,state as required participants in an employment and training program under section #f7;d77#d77;,c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77;,c77 or certified by the ,secretary under section #bbc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc7;a77 shall receive the services4 #caf4 ,supplemental services for individuals eligible for trade adjustment assistance 7a7 ,in general ,a local board shall use funds reserved under section #cac7;e7 to provide to individuals certified as eligible to apply for trade adjustment assistance under section #bbc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc7;a77 the following supplemental services3 7#a7 ,supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance for training1 when training is provided in facilities that are not within commuting distance of the individual's regular place of residence4 7#b7 ,a job search allowance to assist the individual in obtaining employment within the ,united ,states1 if the individual-- 7,a7 has been totally separated from employment2 and 7,b7 cannot reasonably be expected to secure suitable employment in the commuting area in which the individual resides4 7#c7 ,a relocation allowance to assist the individual in relocating to employment within the ,united ,states1 if the individual-- 7,a7 has been totally separated from employment2 7,b7 cannot reasonably be expected to secure suitable employment in the commuting area in which the individual resides2 and 7,c7 7i7 has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the individual wishes to relocate2 or 7ii7 has obtained a bona fide offer of such employment4 7b7 ,amount of allowances ,the amount of a job search allowance under subsection 7a77#b7 or a relocation allowance under subsection 7a77#c7 paid to an individual shall be an amount that is not more than the lesser of-- 7#a7 #ij percent of-- 7,a7 in the case of a job search allowance1 the necessary job search expenses2 and 7,b7 in the case of a relocation allowance1 the reasonable and necessary expenses incurred in transporting the individual and the individual's family and household effects for the relocation2 or 7#b7 #a1bej of the expenses involved4 #cag4 ,supplemental services for designated recipients of supplemental nutrition assistance 7a7 ,supplemental services ,a local board in a ,state shall use funds reserved under section #cac7;e7 to provide to individuals designated by the ,state as required participants in an employment and training program under section #f7;d77#d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77 the following supplemental services3 7#a7 ,payments or reimbursements for the actual costs of transportation and other actual costs 7other than dependent care costs71 that are reasonably necessary and directly related to participation in adult training services or the employment and training program under section #f7;d77#d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d774 7#b7 ,dependent care services-- 7,a7 provided through payments or reimbursements for the actual costs of such dependent care services that are determined by the ,state to be necessary for the participation of an individual in adult training services or the employment and training program 7other 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 7#db ,u4,s4,c4 #fja et seq47 in a local area where an employment1 training1 or education program is in operation71 except that no such payment or reimbursement shall exceed the applicable local market rate2 or 7,b7 provided for or arranged through service contracts or vouchers4 7b7 ,treatment ,the value of any dependent care services provided for or arranged under paragraph 7,b7 of subsection 7a77#b71 or any amount received as a payment or reimbursement under subparagraph 7,a7 of subsection 7a77#b71 shall-- 7#a7 not be treated as income for the purposes of any other ,federal or federally assisted program that bases eligibility for1 or the amount of benefits on1 need2 and 7#b7 not be claimed as an employment-related expense for the purposes of the credit provided under section #ba of the ,internal ,revenue ,code of #aihf4 #cah4 ,labor exchange system and administration of work test for unemployment compensation 7a7 ,labor exchange system 7#a7 ,in general ,the ,secretary shall assist in the coordination and development of a nationwide system of public labor exchange services to improve the functioning of the ,nation's labor markets by bringing together individuals who are seeking employment and employers who are seeking employees4 7#b7 ,relationship to one-stop delivery system ,the system shall be provided as part of the one-stop delivery systems of the ,states4 7#c7 ,capacity ,each ,state's labor exchange system shall have the capacity-- 7,a7 to assist jobseekers in finding employment2 7,b7 to assist employers in filling positions2 7,c7 to facilitate matches between jobseekers and employers2 7,d7 to participate in a system for clearing labor between the ,states1 including the use of standardized classification systems specified by the ,secretary2 and 7,e7 to meet the work test requirements of the ,state unemployment compensation system4 7b7 ,administration of unemployment compensation benefits 7#a7 ,administration of work test ,the work test for the ,state unemployment compensation system shall be administered at the one-stop centers4 7#b7 ,information sharing ,the unemployment insurance office and one-stop centers in each ,state1 shall1 upon request of a public agency administering or supervising the administration of a ,state plan approved under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq471 of a public agency charged with any duty or responsibility under any program or activity authorized or required under part ,d of title ,,iv of such ,act 7#db ,u4,s4,c4 #fea et seq471 or of a ,state agency charged with the administration of the supplemental nutrition assistance program in a ,state under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 shall 7and1 notwithstanding any other provision of law1 are authorized to7 furnish to such agency making the request1 from any data contained in the files of any such office1 information with respect to any individual specified in the request as to-- 7,a7 whether such individual is receiving1 has received1 or has made application for1 unemployment compensation1 and the amount of any such compensation being received by such individual2 7,b7 the current 7or most recent7 home address of such individual2 and 7,c7 whether such individual has refused an offer of employment and1 if so1 a description of the employment so offered and the terms1 conditions1 and rate of pay for the employment4 #cai4 ,nationwide employment statistics system 7a7 ,system content 7#a7 ,in general ,the ,secretary1 in accordance with the provisions of this section1 shall oversee the development1 maintenance1 and continuous improvement of a nationwide employment statistics system under this section4 7#b7 ,statistics ,the nationwide employment statistics system under this section shall include-- 7,a7 statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that1 when combined1 enumerate1 estimate1 and project employment opportunities and conditions at national1 ,state1 and local levels in a timely manner1 including statistics on-- 7i7 the employment and unemployment status of national1 ,state1 and local populations1 including self-employed1 part-time1 and seasonal workers2 7ii7 industrial distribution of occupations and current and projected employment opportunities1 wages1 benefits 7where data is available71 and skill trends disaggregated by occupation and industry1 with particular attention to ,state and local conditions2 7iii7 the incidence of1 industrial and geographical location of1 and number of workers displaced by1 permanent layoffs and plant closings2 and 7iv7 employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation2 7,b7 information on ,state and local employment opportunities1 and other appropriate statistical data related to labor market dynamics1 which-- 7i7 shall be current and comprehensive2 and 7ii7 shall meet the needs identified through the consultations described in subparagraphs 7,c7 and 7,d7 of subsection 7e77#a72 7,c7 technical standards 7which the ,secretary shall publish annually7 for data and information described in subparagraphs 7,a7 and 7,b7 that1 at a minimum1 meet the criteria of chapter #ce of title #dd1 ,united ,states ,code2 7,d7 procedures to ensure compatibility and additivity of the data and information described in subparagraphs 7,a7 and 7,b7 from national1 ,state1 and local levels2 7,e7 procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph 7,a7 of employment-related programs2 7,f7 analysis of data and information described in subparagraphs 7,a7 and 7,b7 for uses such as-- 7i7 national1 ,state1 and local policymaking2 7ii7 implementation of ,federal policies 7including allocation formulas72 7iii7 program planning and evaluation2 and 7iv7 researching labor market dynamics2 7,g7 wide dissemination of such data and information1 and such analysis of such data and information1 in a user-friendly manner and voluntary technical standards for mechanisms for such dissemination2 and 7,h7 programs of-- 7i7 training for effectively disseminating data and information as described in subparagraph 7,g72 and 7ii7 research and demonstration to further the objectives of this section4 7#c7 ,information to be confidential 7,a7 ,in general ,no officer or employee of the ,federal ,government or agent of the ,federal ,government may-- 7i7 use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes of this section for which the submission is furnished2 7ii7 make any publication or media transmittal of the data contained in the submission described in clause 7i7 that permits information concerning individual subjects to be reasonably inferred by either direct or indirect means2 or 7iii7 permit anyone other than a sworn officer1 employee1 or agent of any ,federal department or agency1 or a contractor 7including an employee of a contractor7 of such department or agency1 to examine an individual submission described in clause 7i71 without the consent of the individual1 agency1 or other person who is the subject of the submission or provides that submission4 7,b7 ,immunity from legal process ,any submission 7including any data derived from the submission7 that is collected and retained by a ,federal department or agency1 or an officer1 employee1 agent1 or contractor of such a department or agency1 for exclusively statistical purposes under this section shall be immune from the legal process and shall not1 without the consent of the individual1 agency1 or other person who is the subject of such submission or provides that submission1 be admitted as evidence or used for any purpose in any action1 suit1 or other judicial or administrative proceeding4 7,c7 ,rule of construction ,nothing in this section shall be construed to provide immunity from the legal process for such submission 7including any data derived from the submission7 if the submission is in the possession of any person1 agency1 or entity other than the ,federal ,government or an officer1 employee1 agent1 or contractor of the ,federal ,government1 or if the submission is independently collected1 retained1 or produced for purposes other than the purposes of this section4 7b7 ,system responsibilities 7#a7 ,in general ,the nationwide employment statistics system under this section shall be planned1 administered1 overseen1 and evaluated through a cooperative governance structure involving the ,federal ,government and ,states4 7#b7 ,duties ,the ,secretary1 with respect to data collection1 analysis1 and dissemination of labor employment statistics for the nationwide employment statistics system under this section1 shall carry out the following duties3 7,a7 ,assign responsibilities within the ,department of ,labor to carry out the nationwide employment statistics system under this section to ensure that all statistical and administrative data collected is consistent with appropriate ,bureau of ,labor ,statistics standards and definitions4 7,b7 ,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 activities4 7,c7 ,eliminate gaps and duplication in statistical undertakings1 including by establishing the systemization of wage surveys as an early priority of such ,secretary in carrying out this paragraph4 7,d7 ,in collaboration with the ,bureau of ,labor ,statistics and ,states1 develop and maintain the nationwide employment statistics system under this section1 including the development of consistent procedures and definitions for use by the ,states in collecting the data and information described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b74 7,e7 ,establish procedures for the nationwide employment statistics system under this section to ensure that-- 7i7 such data and information are timely2 7ii7 paperwork and reporting for such system are reduced to a minimum2 and 7iii7 ,states and localities are fully involved in the development and continuous improvement of such system at all levels4 7c7 ,national electronic tools ,to provide services ,the ,secretary is authorized to assist the ,states in the development of national electronic tools that may be used to facilitate the delivery of adult training services and to provide workforce information to individuals through the one-stop delivery system described in section #bca and through other appropriate delivery systems4 7d7 ,coordination with the ,states ,the ,secretary1 working through the head of the ,bureau of ,labor ,statistics and the ,employment and ,training ,administration1 shall regularly consult with representatives of ,state boards regarding strategies for improving the nationwide employment statistics system under this section4 7e7 ,state responsibilities 7#a7 ,in general ,in order to receive ,federal financial assistance to carry out this section1 the ,state board shall-- 7,a7 be responsible for the management of the portions of the nationwide employment statistics system under this section that comprise a statewide employment statistics system2 7,b7 establish a process for the oversight of such statewide employment statistics system2 7,c7 consult with ,state and local employers1 participants1 and local boards about the labor market relevance of the data to be collected and disseminated through such statewide employment statistics system and identify needs resulting from such consultation2 7,d7 consult with ,state educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school students and students at an institution of higher education who seek such information2 7,e7 collect1 and disseminate on behalf of the ,state and localities in the ,state1 the information and data described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b72 and 7,f7 perform contract and grant responsibilities for data collection1 analysis1 and dissemination for such statewide employment statistics system4 7#b7 ,rule of construction ,nothing in this section shall be construed as limiting the ability of a ,state to conduct additional data collection1 analysis1 and dissemination activities with ,state funds or with ,federal funds from sources other than this section4 #cbj4 ,conforming amendment relating to ,h-#a;,b nonimmigrant petitioner account ,section #bhf7s77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77#b77 is amended by striking remain available and all that follows through the end and inserting be used and allotted by the ,secretary of ,labor to the ,states as described in subparagraphs 7,a77ii7 and 7,b7 of section #cab7;c77#a7 of the ,,career ,act44 #cba4 ,amendments to the ,trade ,act of #aigd 7a7 ,petitions ,section #bba7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga7;a77 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking 1 one-stop operators and all that follows through a ,state dislocated worker unit1 and inserting 1 one-stop operators 7as defined in section #aja of the ,,career ,act71 or ,state employment security agencies12 and 7#b7 in paragraph 7#b71 by striking shall-- and all that follows through 7,b7 assist and inserting shall assist4 7b7 ,group eligibility determinations ,section #bbb7;d77#b77;,a77iv7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;d77#b77;,a77iv77 is amended by striking or one-stop partners and all that follows through ,workforce ,innovation and ,opportunity ,act7 and inserting 7as defined in section #aja of the ,,career ,act74 7c7 ,training services ,section #bcf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbif7 is amended-- 7#a7 in subsection 7a77#e7-- 7,a7 in subparagraph 7,b71 by striking provided by a ,state pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act and inserting provided by a ,state pursuant to title ,,iii of the ,,career ,act2 7,b7 in subparagraph 7,c71 by striking approved by a private industry council established under section #ajb and inserting approved by a local workforce investment board established under section #bbb of the ,,career ,act2 and 7,c7 in the last sentence1 by striking title ,i of the ,workforce ,innovation and ,opportunity ,act and inserting title ,,iii of the ,,career ,act2 and 7#b7 by striking subsection 7b74 7d7 ,job search and relocation allowances 7#a7 ,allowances ,section #bcg of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbig7 is amended to read as follows3 #bcg4 ,supplemental services ,each ,state1 using the funds distributed to the ,state under section #bcf7;a71 shall designate a portion for supplemental services described in section #caf of the ,,career ,act and distribute the portion to the ,state board under section #cac7;b77#b7 of that ,act4 4 7#b7 ,repeal ,section #bch of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbih7 is repealed4 7#c7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by striking the items relating to sections #bcg and #bch and inserting the following3 ,sec4 #bcg4 ,supplemental services4 4 7e7 ,agreements with ,states ,section #bci of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcaa7 is amended-- 7#a7 in subsection 7f71 by striking of this ,act and all that follows through ,opportunity ,act and inserting of this ,act and under title ,,iii of the ,,career ,act2 and 7#b7 by striking subsection 7h74 7f7 ,authorization of appropriations ,section #bde7;b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcag7;b77 is amended by striking sections #bce through #bch and inserting sections #bce through #bcg4 #cbb4 ,conforming amendments relating to the temporary assistance for needy families program 7a7 ,authority ,to transfer ,,tanf ,state family assistance grant ,section #djd7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjd7;d77 is amended-- 7#a7 in paragraph 7#c77;,a71 by inserting or 7#d7 after 7#a72 and 7#b7 by adding at the end the following3 7#d7 ,authority to transfer ,state family assistance grant for worker training services and activities ,a ,state may use up to #ajj percent of the amount of any grant made to the ,state under section #djc7;a77#a7 for a fiscal year to carry out worker training services and activities under subtitle ,a of title ,,iii of the ,,career ,act4 4 7b7 ,welfare-to-,work requirements ,section #djc7;a77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjc7;a77#e77 is amended-- 7#a7 in subparagraph 7,a77ii77,i7-- 7,a7 in item 7cc71 by striking the semicolon and inserting 1 which may be satisfied through consultation with local boards1 as defined in section #aja of the ,,career ,act22 and 7,b7 in item 7dd71 by striking ,governor of and all that follows through service delivery area and inserting ,governor of the ,state that the ,state board and local board1 as such terms are defined in section #aja of the ,,career ,act1 will coordinate the expenditure of any funds provided under this subparagraph for the benefit of the local area involved2 and 7#b7 in subparagraph 7,c77i77,,vii71 by striking vocational educational and inserting career and technical education4 7c7 ,work activities ,section #djg of the ,social ,security ,act 7#db ,u4,s4,c4 #fjg7 is amended-- 7#a7 in subsection 7c77#b77;,d71 by striking vocational educational training and inserting career and technical education2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#e71 by inserting before the semicolon the following3 1 including on-the-job training provided under subtitle ,a of title ,,iii of the ,,career ,act2 7,b7 in paragraph 7#f71 by inserting before the semicolon the following3 1 including job search and job readiness assistance provided under subtitle ,a of title ,,iii of the ,,career ,act2 7,c7 in paragraph 7#h7 by striking vocational educational training and inserting career and technical education1 including career and technical education provided under subtitle ,a of title ,,iii of the ,,career ,act2 7,d7 in paragraph 7#i71 by inserting before the semicolon the following3 1 including such training provided under subtitle ,a of title ,,iii of the ,,career ,act2 and 7,e7 in paragraph 7#aj71 by inserting before the semicolon the following3 1 including such education provided under subtitle ,a of title ,,iii of the ,,career ,act4 7d7 ,other amendments 7#a7 ,data collection ,section #daa7;a77#a77;,a77xi77,,vii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #faa7;a77#a77;,a77xi77,,vii77 is amended by striking vocational education and inserting career and technical education4 7#b7 ,definition of minor child ,section #dai7b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fai7b77;,b77 is amended by striking vocational or technical training and inserting career and technical education4 #cbc4 ,amendments to the ,food and ,nutrition ,act of #bjjh 7a7 ,conditions of participation ,section #f7;d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77 is amended-- 7#a7 in paragraph 7#a77;,a77ii71 by striking established under paragraph 7#d7 and inserting administered or approved by the applicable ,state2 and 7#b7 in paragraph 7#d7-- 7,a7 by striking subparagraphs 7,a7 and 7,b72 7,b7 by redesignating subparagraphs 7,c71 7,d71 7,e71 and 7,f7 as subparagraphs 7,a71 7,b71 7,c71 and 7,d71 respectively2 7,c7 in subparagraph 7,a7 7as so redesignated71 by inserting administered or approved by the ,state after training program2 7,d7 in subparagraph 7,c7 7as so redesignated71 by striking subparagraph 7,d7 in one or more employment and training programs under this paragraph and inserting subparagraph 7,b7 in one or more employment and training programs administered or approved by the ,state2 7,e7 in subparagraph 7,d7 7as so redesignated7-- 7i7 in clause 7i71 by striking carried out under this paragraph and inserting administered or approved by the ,state2 7ii7 in clause 7ii71 by striking any hours worked in another program carried out under section #bj and2 and 7iii7 in clause 7iii71 by striking a program under this paragraph and inserting an employment and training program administered or approved by the ,state2 7,f7 by striking subparagraphs 7,g7 through 7,k72 7,g7 by redesignating subparagraph 7,l7 as subparagraph 7,e72 and 7,h7 by striking subparagraph 7,m74 7b7 ,students ,section #f7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 is assigned to1 or placed in1 an institution of higher education through1 or in compliance with1 the requirements of a training program that is administered or approved by the ,state1 including a program of worker training services and activities under the ,,career ,act2 4 7c7 ,work requirement ,section #f7o7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7o77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,definition of work program ,in this subsection1 the term work program means a program of employment and training operated or supervised by a ,state or political subdivision of a ,state that meets standards approved by the ,governor of the ,state1 other than a job search program or a job search training program4 4 ,b ,worker ,training for ,disadvantaged ,youth #a ,disadvantaged youth #cca4 ,authorization of appropriations ,there is authorized to be appropriated to provide youth training services under this chapter to disadvantaged youth-- 7#a7 #b1jee1chg1jdb for fiscal year #bjaf2 7#b7 #b1jge1dei1jdb for fiscal year #bjag2 7#c7 #b1jig1cei1jdb for fiscal year #bjah2 7#d7 #b1aba1jhh1jdb for fiscal year #bjai2 and 7#e7 #b1adb1ihi1jdb for fiscal year #bjbj4 #ccb4 ,allotment of funds for youth training services 7a7 ,secretary's ,reserve 7#a7 ,reservation ,each fiscal year1 the ,secretary shall reserve not more than #b4e percent of the amount appropriated under section #cca for that fiscal year4 ,the ,secretary shall use the reserved amount to award contracts1 on a competitive basis1 to eligible entities as described in section #bda to provide youth training services to disadvantaged youth under section #ccd4 7#b7 ,application 7,a7 ,in general ,to be eligible to receive a contract under this subsection1 an entity shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,minimum requirements ,the ,secretary shall require that the application contain1 at a minimum-- 7i7 a request for the contract1 specifying the amount of funds requested and the proposed uses for the funds2 7ii7 a description of the applicant and a statement of its qualifications2 7iii7 the entity's levels of performance on all performance indicators and all required statistics1 under section #djb1 for prior programs carried out under this chapter2 7iv7 a description of the services that will be provided to participants1 and how those services will prepare disadvantaged youth for employment2 and 7v7 information indicating that the entity meets any other criteria the ,secretary shall establish4 7#c7 ,approval ,to the extent practicable1 the ,secretary shall notify each applicant1 not later than #e months after the date of receipt of the application by the ,secretary1 concerning whether the application is approved or not approved4 7#d7 ,powers of ,secretary ,the ,secretary may issue regulations to carry out this subsection4 7b7 ,outlying areas 7#a7 ,reservation ,from the amount appropriated under section #cca for each fiscal year1 the ,secretary shall reserve not more than-- 7,a7 #j4jg percent for ,guam2 7,b7 #j4jc percent for ,american ,samoa2 7,c7 #j4jd percent for the ,commonwealth of the ,northern ,mariana ,islands2 7,d7 except as described in section #aja7bd71 #j4jae percent for the ,republic of ,palau2 and 7,e7 #j4jce percent for the ,united ,states ,virgin ,islands4 7#b7 ,use of funds ,each outlying area receiving funds under this subsection shall use the funds to provide youth training services to disadvantaged youth under section #ccd4 7#c7 ,powers of ,secretary ,the ,secretary may issue regulations under this subsection4 7c7 ,states 7#a7 ,authorization ,after determining the amounts to be reserved under subsections 7a7 and 7b71 the ,secretary shall allot the remainder of the amount appropriated under section #cca for that fiscal year to the ,states under paragraph 7#b74 ,each ,state receiving an allotment under this subsection shall use the funds made available through the allotment1 and not reserved or retained under section #ccc1 to provide youth training services to disadvantaged youth under section #ccd4 7#b7 ,formula for allotting funds to ,states 7,a7 ,formula ,subject to subparagraph 7,b71 of the remainder-- 7i7 #ad percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each ,state1 compared to the total number of unemployed individuals in areas of substantial unemployment in all ,states2 7ii7 #ad percent shall be allotted on the basis of the relative excess number of unemployed individuals in each ,state1 compared to the total excess number of unemployed individuals in all ,states2 7iii7 #cj percent shall be allotted on the basis of the relative number of disadvantaged youth in each ,state1 compared to the total number of disadvantaged youth in all ,states2 7iv7 #cj percent shall be allotted on the basis of the relative number of individuals ages #ae through #ai in the ,state1 compared to the total number of individuals ages #ae through #ai in all ,states2 and 7v7 #ab percent shall be allotted on the basis of the relative number of individuals ages #bj through #bd in the ,state1 compared to the total number of individuals ages #bj through #bd in all ,states4 7,b7 ,minimum allotments ,in making allotments under this subsection1 the ,secretary shall ensure the following3 7i7 ,fiscal year #bjaf ,for fiscal year #bjaf1 the ,secretary shall ensure that no ,state receives an allotment in an amount that is less than #ij percent of the combined amount the ,state received for fiscal year #bjae under section #abg7;b77#a77;,c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bheb7;b77#a77;,c771 as in effect on ,june #cj1 #bjae1 and section #aaa of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcba71 as in effect on such date4 7ii7 ,subsequent fiscal years ,for fiscal year #bjag and each subsequent fiscal year1 the ,secretary shall ensure that no ,state receives an allotment for the fiscal year involved in an amount that is less than #ij percent of the allotment the ,state received for the prior fiscal year under this paragraph4 #ccc4 ,within ,state allocation 7a7 ,governor's ,reserve ,from the amount allotted to a ,state under section #ccb7;c77#b7 for a fiscal year1 the ,governor of the ,state shall reserve not more than #ab4be percent4 ,the ,governor shall use the reserved amount to award contracts1 on a competitive basis1 to eligible entities as described in section #bda to provide youth training services to disadvantaged youth under section #ccd4 7b7 ,distribution of funds to ,state boards ,the ,governor shall distribute to the ,state board the amount allotted to the ,state under section #ccb7;c77#b7 and not reserved under subsection 7a74 7c7 ,administrative costs of ,state boards ,each ,state board may retain not more than #b4e percent of the funds the ,state board receives under subsection 7b71 for the administrative costs of the ,state board in carrying out this subtitle4 7d7 ,allocation of funds to local boards 7#a7 ,allocations ,the ,state board shall allocate the funds distributed to the ,state board under subsection 7b7 and not retained under subsection 7c7 to local boards for the provision of youth training services to disadvantaged youth under section #ccd4 7#b7 ,administrative costs of local boards ,each local board may retain not more than #e percent of the funds the local board receives under this subsection1 for the administrative costs of the local board in carrying out this subtitle4 7#c7 ,local board funds for youth training services ,the local board shall use the funds allocated to the local board under paragraph 7#a7 and not retained under paragraph 7#b7 to award contracts1 on a competitive basis1 to eligible entities as described in section #bda to provide youth training services4 ,the local board shall ensure the services are provided in accordance with the ,state plan submitted and approved under section #bab4 #ccd4 ,youth training services 7a7 ,youth training services ,youth training services provided under this chapter are any services designed to promote literacy1 educational attainment 7including through a secondary school or institution of higher education71 work-related skills1 employment1 employment retention1 and higher wages1 among disadvantaged youth1 including-- 7#a7 individual assessment2 7#b7 job search and placement assistance2 7#c7 work experience and skills training1 including through an industry-sector partnership2 7#d7 occupational skills training1 including career and technical education2 7#e7 other paid and unpaid work experiences1 including internships and job shadowing2 7#f7 services and activities designed to meet the educational needs of participants1 including-- 7,a7 basic skills instruction and remedial education2 7,b7 language instruction educational programs for individuals with limited ,english proficiency2 7,c7 secondary education services and activities1 including classroom instruction1 tutoring1 study skills training1 and dropout prevention activities1 designed to lead to the attainment of a secondary school diploma or other ,state-recognized equivalent 7including performance on recognized alternative standards for individuals with disabilities72 7,d7 counseling and assistance in obtaining education at an institution of higher education and required financial aid2 and 7,e7 alternative secondary school services2 7#g7 counseling services and related activities1 such as comprehensive guidance and counseling on drug and alcohol abuse and related referral2 7#h7 supportive services and provision of need-based stipends necessary to enable individuals to participate in the program of services described in this subsection and receive supportive services to assist individuals1 for a period not to exceed #ab months after the completion of the training involved1 in obtaining or retaining employment1 or applying for and transitioning to postsecondary education2 7#i7 job retention services2 and 7#aj7 followup services4 7b7 ,order of selection for youth training services ,in the event that the youth training services cannot be provided to all eligible individuals in the ,state who apply for the services1 the ,state plan shall-- 7#a7 show the order to be followed in selecting eligible individuals to be provided the youth training services2 7#b7 provide the justification for the order of selection2 and 7#c7 include an assurance that individuals who are eligible veterans1 homeless individuals1 individuals in foster care1 and individuals who have a disability or are blind as determined pursuant to title ,,ii or title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq4 and #acha et seq47 will be selected first1 second1 third1 and fourth1 respectively1 for the provision of youth training services4 7c7 ,prohibition on ,federal control of education ,no provision of this ,act shall be construed to authorize any department1 agency1 officer1 or employee1 of the ,united ,states to exercise any direction1 supervision1 or control over-- 7#a7 the curriculum1 standards1 program of instruction1 administration1 or personnel of any educational institution1 school1 or school system2 or 7#b7 the selection of library resources1 textbooks1 or other printed or published instructional materials by any educational institution1 school1 or school system4 #b ,job ,corps #cda4 ,purposes ,the purposes of this chapter are-- 7#a7 to maintain a national ,job ,corps program1 carried out in partnership with ,states and communities1 to-- 7,a7 assist eligible youth to connect to the labor force by providing them with intensive social1 academic1 career and technical education1 and service-learning opportunities1 in primarily residential centers1 in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to-- 7i7 successful careers1 in in-demand industry sectors or occupations or the ,armed ,forces1 that will result in economic self-sufficiency and opportunities for advancement2 or 7ii7 enrollment in postsecondary education1 including an apprenticeship program2 and 7,b7 support responsible citizenship2 7#b7 to set forth standards and procedures for selecting individuals as enrollees in the ,job ,corps2 7#c7 to authorize the establishment of ,job ,corps centers in which enrollees will participate in intensive programs of activities described in this chapter2 and 7#d7 to prescribe various other powers1 duties1 and responsibilities incident to the operation and continuing development of the ,job ,corps4 #cdb4 ,definitions ,in this chapter3 7#a7 ,applicable local board ,the term applicable local board means a local board-- 7,a7 that provides information for a ,job ,corps center on local employment opportunities and the job skills needed to obtain the opportunities2 and 7,b7 that serves communities in which the graduates of the ,job ,corps center seek employment4 7#b7 ,applicable one-stop center ,the term applicable one-stop center means a one-stop center that provides services1 such as referral1 assessment1 recruitment1 and placement1 to support the purposes of the ,job ,corps4 7#c7 ,apprenticeship ,the term apprenticeship means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#d7 ,enrollee ,the term enrollee means an individual who has voluntarily applied for1 been selected for1 and enrolled in the ,job ,corps program1 and remains with the program1 but has not yet become a graduate4 7#e7 ,former enrollee ,the term former enrollee means an individual who has voluntarily applied for1 been selected for1 and enrolled in the ,job ,corps program1 but left the program prior to becoming a graduate4 7#f7 ,graduate ,the term graduate means an individual who has voluntarily applied for1 been selected for1 and enrolled in the ,job ,corps program and who1 as a result of participation in the ,job ,corps program1 has received a secondary school diploma or recognized equivalent1 or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training4 7#g7 ,job corps ,the term ,job ,corps means the ,job ,corps described in section #cdc4 7#h7 ,job corps center ,the term ,job ,corps center means a center described in section #cdg4 7#i7 ,operator ,the term operator means an entity selected under this chapter to operate a ,job ,corps center4 7#aj7 ,recognized postsecondary credential ,the term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification1 a certificate of completion of an apprenticeship1 a license recognized by the ,state involved or ,federal ,government1 or an associate or baccalaureate degree4 7#aa7 ,region ,the term region means an area defined by the ,secretary4 7#ab7 ,service provider ,the term service provider means an entity selected under this chapter to provide services described in this chapter to a ,job ,corps center4 #cdc4 ,establishment ,there shall be within the ,department of ,labor a ,job ,corps4 #cdd4 ,individuals eligible for the ,job ,corps 7a7 ,in general ,to be eligible to become an enrollee1 an individual shall be-- 7#a7 not less than age #af and not more than age #ba on the date of enrollment1 except that-- 7,a7 not more than #bj percent of the individuals enrolled in the ,job ,corps may be not less than age #bb and not more than age #bd on the date of enrollment2 and 7,b7 either such maximum age limitation may be waived by the ,secretary1 in accordance with regulations of the ,secretary1 in the case of an individual with a disability2 7#b7 a low-income individual2 and 7#c7 an individual who is one or more of the following3 7,a7 ,basic skills deficient4 7,b7 ,a school dropout4 7,c7 ,a homeless individual1 a homeless child or youth 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7771 a runaway1 an individual in foster care1 or an individual who was in foster care and has aged out of the foster care system4 7,d7 ,a parent4 7,e7 ,an individual who requires additional education1 career and technical education or training1 or workforce preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency4 7b7 ,special rule for veterans ,notwithstanding the requirement of subsection 7a77#b71 a veteran shall be eligible to become an enrollee under subsection 7a7 if the individual-- 7#a7 meets the requirements of paragraphs 7#a7 and 7#c7 of such subsection2 and 7#b7 does not meet the requirement of subsection 7a77#b7 because the military income earned by such individual within the #f-month period prior to the individual's application for ,job ,corps prevents the individual from meeting such requirement4 #cde4 ,recruitment1 screening1 selection1 and assignment of enrollees 7a7 ,standards and procedures 7#a7 ,in general ,the ,secretary shall prescribe specific standards and procedures for the recruitment1 screening1 and selection of eligible applicants for the ,job ,corps1 after considering recommendations from ,governors of ,states1 local boards1 and other interested parties4 7#b7 ,methods ,in prescribing standards and procedures under paragraph 7#a71 the ,secretary1 at a minimum1 shall-- 7,a7 prescribe procedures for informing enrollees that drug tests will be administered to the enrollees and the results received within #de days after the enrollees enroll in the ,job ,corps2 7,b7 establish standards for recruitment of ,job ,corps applicants2 7,c7 establish standards and procedures for-- 7i7 determining1 for each applicant1 whether the educational and career and technical education and training needs of the applicant can best be met through the ,job ,corps program or an alternative program in the community in which the applicant resides2 and 7ii7 obtaining from each applicant pertinent data relating to background1 needs1 and interests for determining eligibility and potential assignment2 7,d7 where appropriate1 take measures to improve the professional capability of the individuals conducting screening of the applicants2 and 7,e7 assure appropriate representation of enrollees from urban areas and from rural areas4 7#c7 ,implementation ,the standards and procedures shall be implemented through arrangements with-- 7,a7 applicable one-stop centers2 7,b7 organizations that have a demonstrated record of effectiveness in serving at-risk youth and placing such youth into employment1 including community action agencies1 business organizations1 or labor organizations2 and 7,c7 child welfare agencies that are responsible for children and youth eligible for benefits and services under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg74 7#d7 ,consultation ,the standards and procedures shall provide for necessary consultation with individuals and organizations1 including court1 probation1 parole1 law enforcement1 education1 welfare1 and medical authorities and advisers4 7#e7 ,reimbursement ,the ,secretary is authorized to enter into contracts with and make payments to individuals and organizations for the cost of conducting recruitment1 screening1 and selection of eligible applicants for the ,job ,corps1 as provided for in this section4 ,the ,secretary shall make no payment to any individual or organization solely as compensation for referring the names of applicants for the ,job ,corps4 7b7 ,special limitations on selection 7#a7 ,in general ,no individual shall be selected as an enrollee unless the individual or organization implementing the standards and procedures described in subsection 7a7 determines that-- 7,a7 there is a reasonable expectation that the individual considered for selection can participate successfully in group situations and activities1 and is not likely to engage in behavior that would prevent other enrollees from receiving the benefit of the ,job ,corps program or be incompatible with the maintenance of sound discipline and satisfactory relationships between the ,job ,corps center to which the individual might be assigned and communities surrounding the ,job ,corps center2 7,b7 the individual manifests a basic understanding of both the rules to which the individual will be subject and of the consequences of failure to observe the rules1 and agrees to comply with such rules2 and 7,c7 the individual has passed a background check conducted in accordance with procedures established by the ,secretary and with applicable ,state and local laws4 7#b7 ,individuals on probation1 parole1 or supervised release ,an individual on probation1 parole1 or supervised release may be selected as an enrollee only if release from the supervision of the probation or parole official involved is satisfactory to the official and the ,secretary and does not violate applicable laws 7including regulations74 ,no individual shall be denied a position in the ,job ,corps solely on the basis of individual contact with the criminal justice system except for a disqualifying conviction as specified in paragraph 7#c74 7#c7 ,individuals convicted of certain crimes ,an individual shall not be selected as an enrollee if the individual has been convicted of a felony consisting of murder 7as described in section #aaaa of title #ah1 ,united ,states ,code71 child abuse1 or a crime involving rape or sexual assault4 7c7 ,assignment plan 7#a7 ,in general ,every #b years1 the ,secretary shall develop and implement a plan for assigning enrollees to ,job ,corps centers4 ,in developing the plan1 the ,secretary shall1 based on the analysis described in paragraph 7#b71 establish targets1 applicable to each ,job ,corps center1 for-- 7,a7 the maximum attainable percentage of enrollees at the ,job ,corps center that reside in the ,state in which the center is located2 and 7,b7 the maximum attainable percentage of enrollees at the ,job ,corps center that reside in the region in which the center is located1 and in surrounding regions4 7#b7 ,analysis ,in order to develop the plan described in paragraph 7#a71 every #b years the ,secretary1 in consultation with operators of ,job ,corps centers1 shall analyze relevant factors relating to each ,job ,corps center1 including-- 7,a7 the size of the population of individuals eligible to participate in ,job ,corps in the ,state and region in which the ,job ,corps center is located1 and in surrounding regions2 7,b7 the relative demand for participation in the ,job ,corps in the ,state and region1 and in surrounding regions2 7,c7 the capacity and utilization of the ,job ,corps center1 including the education1 training1 and supportive services provided through the center2 and 7,d7 the performance of the ,job ,corps center relating to the expected levels of performance described in section #cei7;c77#a7 for the performance indicators described in section #djb7;b77#b71 and whether any actions have been taken with respect to such center pursuant to paragraphs 7#b7 and 7#c7 of section #cei7;f74 7d7 ,assignment of individual enrollees 7#a7 ,in general ,after an individual has been selected for the ,job ,corps in accordance with the standards and procedures of the ,secretary under subsection 7a71 the enrollee shall be assigned to the ,job ,corps center that offers the type of career and technical education and training selected by the individual and1 among the centers that offer such education and training1 is closest to the home of the individual4 ,the ,secretary may waive this requirement if-- 7,a7 the enrollee would be unduly delayed in participating in the ,job ,corps program because the closest center is operating at full capacity2 or 7,b7 the parent or guardian of the enrollee requests assignment of the enrollee to another ,job ,corps center due to circumstances in the community of the enrollee that would impair prospects for successful participation in the ,job ,corps program4 7#b7 ,enrollees who are younger than #ah ,an enrollee who is younger than #ah shall not be assigned to a ,job ,corps center other than the center closest to the home that offers the career and technical education and training desired by the enrollee pursuant to paragraph 7#a7 if the parent or guardian of the enrollee objects to the assignment4 #cdf4 ,enrollment 7a7 ,relationship between enrollment and military obligations ,enrollment in the ,job ,corps shall not relieve any individual of obligations under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq474 7b7 ,period of enrollment ,no individual may be enrolled in the ,job ,corps for more than #b years1 except-- 7#a7 in a case in which completion of an advanced career training program under section #cdh7;c7 would require an individual to participate in the ,job ,corps for not more than one additional year2 7#b7 in the case of an individual with a disability who would reasonably be expected to meet the standards for a ,job ,corps graduate1 as defined under section #cdb7f71 if allowed to participate in the ,job ,corps for not more than #a additional year2 7#c7 in the case of an individual who participates in national service1 as authorized by a ,civilian ,conservation ,center program1 who would be granted an enrollment extension in the ,job ,corps for the amount of time equal to the period of national service2 or 7#d7 as the ,secretary may authorize in a special case4 #cdg4 ,job ,corps centers 7a7 ,operators and service providers 7#a7 ,eligible entities 7,a7 ,operators ,the ,secretary shall enter into an agreement with a ,federal1 ,state1 or local agency1 an area career and technical education school1 a residential career and technical education school1 or a private organization1 for the operation of each ,job ,corps center4 7,b7 ,providers ,the ,secretary may enter into an agreement with a local entity1 or other entity with the necessary capacity1 to provide activities described in this chapter to a ,job ,corps center4 7#b7 ,selection process 7,a7 ,competitive basis ,except as provided in subsections 7a7 and 7b7 of section #ccjd of title #da1 ,united ,states ,code1 the ,secretary shall select on a competitive basis an entity to operate a ,job ,corps center and entities to provide activities described in this chapter to the ,job ,corps center4 ,in developing a solicitation for an operator or service provider1 the ,secretary shall consult with the ,governor of the ,state in which the center is located1 the workforce council for the ,job ,corps center 7if established71 and the applicable local board regarding the contents of such solicitation1 including elements that will promote the consistency of the activities carried out through the center with the objectives set forth in the ,state plan or in a local plan4 7,b7 ,recommendations and considerations 7i7 ,operators ,in selecting an entity to operate a ,job ,corps center1 the ,secretary shall consider-- 7,i7 the ability of the entity to coordinate the activities carried out through the ,job ,corps center with activities carried out under the appropriate ,state plan and local plans2 7,,ii7 the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section #ced7;c71 and the degree to which such education and training reflects employment opportunities in the local areas in which enrollees at the center intend to seek employment2 7,,iii7 the degree to which the entity demonstrates relationships with the surrounding communities1 employers1 labor organizations1 ,state boards1 local boards1 applicable one-stop centers1 and the ,state and region in which the center is located2 7,,iv7 the performance of the entity1 if any1 relating to operating or providing activities described in this chapter to a ,job ,corps center1 including information regarding the entity in any reports developed by the ,office of ,inspector ,general of the ,department of ,labor and the entity's demonstrated effectiveness in assisting individuals in achieving the performance indicators described in section #djb7;b77#b72 and 7,v7 the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce1 including providing them with intensive academics and career and technical education and training4 7ii7 ,providers ,in selecting a service provider for a ,job ,corps center1 the ,secretary shall consider the factors described in clause 7i74 7#c7 ,additional selection factors ,to be eligible to operate a ,job ,corps center1 an entity shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 information related to additional selection factors1 which shall consist of the following3 7,a7 ,a description of the program activities that will be offered at the center and how the academics and career and technical education and training reflect ,state and local employment opportunities1 including opportunities in in-demand industry sectors and occupations recommended by the workforce council under section #ced7;c77#b77;,a74 7,b7 ,a description of the counseling1 placement1 and support activities that will be offered at the center1 including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment or education leading to a recognized postsecondary credential upon completion of the program4 7,c7 ,a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment and postsecondary education1 including past performance of operating a ,job ,corps center under this chapter or subtitle ,c of title ,i of the ,workforce ,investment ,act of #aiih1 as in effect on ,june #cj1 #bjae1 and as appropriate1 the entity's demonstrated effectiveness in assisting individuals in achieving the performance indicators described in section #djb7;b77#b74 7,d7 ,a description of the relationships that the entity has developed with ,state boards1 local boards1 applicable one-stop centers1 employers1 labor organizations1 ,state and local educational agencies1 and the surrounding communities in which the center is located1 in an effort to promote a comprehensive statewide workforce investment system4 7,e7 ,a description of the entity's ability to coordinate the activities carried out through the ,job ,corps center with activities carried out under the appropriate ,state plan and local plans4 7,f7 ,a description of the strong fiscal controls the entity has in place to ensure proper accounting of ,federal funds1 and a description of how the entity will meet the requirements of section #cei7;a74 7,g7 ,a description of the steps to be taken to control costs in accordance with section #cei7;a77#c74 7,h7 ,a detailed budget of the activities that will be supported using funds under this chapter and non-,federal resources4 7,i7 ,an assurance the entity is licensed to operate in the ,state in which the center is located4 7,j7 ,an assurance the entity will comply with basic health and safety codes1 which shall include the disciplinary measures described in section #ceb7;b74 7,k7 ,any other information on additional selection factors that the ,secretary may require4 7b7 ,high-,performing centers 7#a7 ,in general ,if an entity meets the requirements described in paragraph 7#b7 as applied to a particular ,job ,corps center1 such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such center4 7#b7 ,high performance ,an entity shall be considered to be an operator of a high-performing center if the ,job ,corps center operated by the entity-- 7,a7 is ranked among the top #bj percent of ,job ,corps centers for the most recent preceding program year2 and 7,b7 meets the expected levels of performance established under section #cei7;c77#a7 and1 with respect to each of the performance indicators described in section #djb7;b77#b7-- 7i7 for the period of the most recent preceding #c program years for which information is available at the time the determination is made1 achieved an average of #ajj percent1 or higher1 of the expected level of performance established under section #cei7;c77#a7 for the indicator2 and 7ii7 for the most recent preceding program year for which information is available at the time the determination is made1 achieved #ajj percent1 or higher1 of the expected level of performance established under such section for the indicator4 7#c7 ,transition ,if any of the program years described in paragraph 7#b77;,b7 precedes the implementation of the establishment of expected levels of performance under section #cei7;c7 and the application of the performance indicators described in section #djb7;b77#b71 an entity shall be considered an operator of a high-performing center during that period if the ,job ,corps center operated by the entity-- 7,a7 meets the requirements of paragraph 7#b77;,b7 with respect to such preceding program years using the performance of the ,job ,corps center regarding the national goals or targets established by the ,office of the ,job ,corps under the previous performance accountability system for-- 7i7 the #f-month follow-up placement rate of graduates in employment1 the military1 education1 or training2 7ii7 the #ab-month follow-up placement rate of graduates in employment1 the military1 education1 or training2 7iii7 the #f-month follow-up average weekly earnings of graduates2 7iv7 the rate of attainment of secondary school diplomas or their recognized equivalent2 7v7 the rate of attainment of completion certificates for career and technical training2 7vi7 average literacy gains2 and 7vii7 average numeracy gains2 or 7,b7 is ranked among the top #e percent of ,job ,corps centers for the most recent preceding program year4 7c7 ,character and activities ,job ,corps centers may be residential or nonresidential in character1 and shall be designed and operated so as to provide enrollees1 in a well-supervised setting1 with access to activities described in this chapter4 ,in any year1 no more than #bj percent of the individuals enrolled in the ,job ,corps may be nonresidential participants in the ,job ,corps4 7d7 ,civilian conservation centers 7#a7 ,in general ,job ,corps centers may include ,civilian ,conservation ,centers1 operated under an agreement between the ,secretary of ,labor and the ,secretary of ,agriculture1 that are located primarily in rural areas4 ,such centers shall provide1 in addition to academics1 career and technical education and training1 and workforce preparation skills training1 programs of work experience to conserve1 develop1 or manage public natural resources or public recreational areas or to develop community projects in the public interest4 7#b7 ,assistance during disasters ,enrollees in ,civilian ,conservation ,centers may provide assistance in addressing national1 ,state1 and local disasters1 consistent with current child labor laws 7including regulations74 ,the ,secretary of ,agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained1 equipped1 supervised1 and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq474 7#c7 ,national liaison ,the ,secretary of ,agriculture shall designate a ,job ,corps ,national ,liaison to support the agreement under this section between the ,departments of ,labor and ,agriculture4 7e7 ,indian tribes ,the ,secretary may enter into agreements with ,indian tribes to operate ,job ,corps centers for ,indians4 7f7 ,length of agreement ,the agreement described in subsection 7a77#a77;,a7 shall be for not more than a #b-year period4 ,the ,secretary may exercise any contractual option to renew the agreement in #a-year increments for not more than #c additional years1 consistent with the requirements of subsection 7g74 7g7 ,renewal conditions 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall not renew the terms of an agreement for any #a-year additional period described in subsection 7f7 for an entity to operate a particular ,job ,corps center if1 for both of the #b most recent preceding program years for which information is available at the time the determination is made1 or if a second program year is not available1 the preceding year for which information is available1 such center-- 7,a7 has been ranked in the lowest #aj percent of ,job ,corps centers2 and 7,b7 failed to achieve an average of #ej percent or higher of the expected level of performance under section #cei7;c77#a7 with respect to each of the performance indicators described in section #djb7;b77#b74 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,secretary may exercise an option to renew the agreement for no more than #b additional years if the ,secretary determines such renewal would be in the best interest of the ,job ,corps program1 taking into account factors including-- 7,a7 significant improvements in program performance in carrying out a performance improvement plan under section #cei7;f77#b72 7,b7 that the performance is due to circumstances beyond the control of the entity1 such as an emergency or disaster2 7,c7 a significant disruption in the operations of the center1 including in the ability to continue to provide services to students1 or significant increase in the cost of such operations2 or 7,d7 a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator4 7#c7 ,detailed explanation ,if the ,secretary exercises an option under paragraph 7#b71 the ,secretary shall provide1 to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a detailed explanation of the rationale for exercising such option4 7#d7 ,additional considerations ,the ,secretary shall only renew the agreement of an entity to operate a ,job ,corps center if the entity-- 7,a7 has a satisfactory record of integrity and business ethics2 7,b7 has adequate financial resources to perform the agreement2 7,c7 has the necessary organization1 experience1 accounting and operational controls1 and technical skills2 and 7,d7 is otherwise qualified and eligible under applicable laws and regulations1 including that the contractor is not under suspension or debarred from eligibility for ,federal contracts4 7#e7 ,emergency or disaster ,for purposes of paragraph 7#b77;,b71 the term emergency or disaster means-- 7,a7 an emergency or a major disaster1 as defined in paragraphs 7#a7 and 7#b71 respectively1 of section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb 7#a7 and 7#b772 or 7,b7 an emergency or disaster situation of national significance that could result in a potentially large loss of employment1 as declared or otherwise recognized by the chief official of a ,federal agency with authority for or jurisdiction over the ,federal response to the emergency or disaster situation4 #cdh4 ,program activities 7a7 ,activities provided by job corps centers 7#a7 ,in general ,each ,job ,corps center shall provide enrollees with an intensive1 well organized1 and fully supervised program of education1 including ,english language acquisition programs1 career and technical education and training1 work experience1 work-based learning1 recreational activities1 physical rehabilitation and development1 driver's education1 and counseling1 which may include information about financial literacy4 ,each ,job ,corps center shall provide enrollees assigned to the center with access to services or activities described in section #cad or #ccd4 7#b7 ,relationship to opportunities ,the activities provided under this subsection shall be targeted to helping enrollees1 on completion of their enrollment-- 7,a7 secure and maintain meaningful unsubsidized employment2 7,b7 enroll in and complete secondary education or postsecondary education or training programs1 including other suitable career and technical education and training1 and apprenticeship programs2 or 7,c7 satisfy ,armed ,forces requirements4 7#c7 ,link to employment opportunities ,the career and technical education and training provided shall be linked to employment opportunities in in-demand industry sectors and occupations in the ,state or local area in which the ,job ,corps center is located and1 to the extent practicable1 in the ,state or local area in which the enrollee intends to seek employment after graduation4 7b7 ,academic and career and technical education and training ,the ,secretary may arrange for career and technical education and training of enrollees through local public or private educational agencies1 career and technical educational institutions1 technical institutes1 or national service providers1 whenever such entities provide education and training substantially equivalent in cost and quality to that which the ,secretary could provide through other means4 7c7 ,advanced career training programs 7#a7 ,in general ,the ,secretary may arrange for programs of advanced career training for selected enrollees in which the enrollees may continue to participate for a period of not to exceed #a year in addition to the period of participation to which the enrollees would otherwise be limited4 ,the advanced career training may be provided through the eligible providers of training services selected under section #bda4 7#b7 ,benefits ,during the period of participation in an advanced career training program1 an enrollee shall be eligible for full ,job ,corps benefits1 or a monthly stipend equal to the average value of the residential support1 food1 allowances1 and other benefits provided to enrollees assigned to residential ,job ,corps centers4 7#c7 ,demonstration ,the ,secretary shall develop standards by which any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate1 before the operator may carry out such additional enrollment1 that-- 7,a7 participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs2 and 7,b7 for the most recently preceding #b program years1 such operator has1 on average1 met or exceeded the expected levels of performance under section #cei7;c77#a7 for each of the performance indicators described in section #djb7;b77#b74 7d7 ,graduate services ,in order to promote the retention of graduates in employment or postsecondary education1 the ,secretary shall arrange for the provision of job placement and support services to graduates for up to #ab months after the date of graduation4 ,multiple resources1 including one-stop partners1 may support the provision of these services1 including services from the ,state vocational rehabilitation agency1 to supplement job placement and job development efforts for ,job ,corps graduates who are individuals with disabilities4 7e7 ,child care ,the ,secretary shall1 to the extent practicable1 provide child care at or near ,job ,corps centers1 for individuals who require child care for their children in order to participate in the ,job ,corps4 #cdi4 ,counseling and job placement 7a7 ,assessment and counseling ,the ,secretary shall arrange for assessment and counseling for each enrollee at regular intervals to measure progress in the academic and career and technical education and training programs carried out through the ,job ,corps4 7b7 ,placement ,the ,secretary shall arrange for assessment and counseling for enrollees prior to their scheduled graduations to determine their capabilities and1 based on their capabilities1 shall place the enrollees in employment leading to economic self-sufficiency for which the enrollees are trained or assist the enrollees in participating in further activities described in this chapter4 ,in arranging for the placement of graduates in jobs1 the ,secretary shall utilize the one-stop delivery system to the maximum extent practicable4 7c7 ,status and progress ,the ,secretary shall determine the status and progress of enrollees scheduled for graduation and make every effort to assure that their needs for further activities described in this chapter are met4 7d7 ,services to former enrollees ,the ,secretary may provide such services as the ,secretary determines to be appropriate under this chapter to former enrollees4 #cej4 ,support 7a7 ,personal allowances ,the ,secretary may provide enrollees assigned to ,job ,corps centers with such personal allowances as the ,secretary may determine to be necessary or appropriate to meet the needs of the enrollees4 7b7 ,transition allowances ,the ,secretary shall arrange for a transition allowance to be paid to graduates4 ,the transition allowance shall be incentive-based to reflect a graduate's completion of academic1 career and technical education or training1 and attainment of recognized postsecondary credentials4 7c7 ,transition support ,the ,secretary may arrange for the provision of #c months of employment services for former enrollees4 #cea4 ,operations 7a7 ,operating plan ,the provisions of the contract between the ,secretary and an entity selected to operate a ,job ,corps center shall1 at a minimum1 serve as an operating plan for the ,job ,corps center4 7b7 ,additional information ,the ,secretary may require the operator1 in order to remain eligible to operate the ,job ,corps center1 to submit such additional information as the ,secretary may require1 which shall be considered part of the operating plan4 7c7 ,availability ,the ,secretary shall make the operating plan described in subsections 7a7 and 7b71 excluding any proprietary information1 available to the public4 #ceb4 ,standards of conduct 7a7 ,provision and enforcement ,the ,secretary shall provide1 and directors of ,job ,corps centers shall stringently enforce1 standards of conduct within the centers4 ,such standards of conduct shall include provisions forbidding the actions described in subsection 7b77#b77;,a74 7b7 ,disciplinary measures 7#a7 ,in general ,to promote the proper behavioral standards in the ,job ,corps1 the directors of ,job ,corps centers shall have the authority to take appropriate disciplinary measures against enrollees if such a director determines that an enrollee has committed a violation of the standards of conduct4 ,the director shall dismiss the enrollee from the ,job ,corps if the director determines that the retention of the enrollee in the ,job ,corps will jeopardize the enforcement of such standards1 threaten the safety of staff1 students1 or the local community1 or diminish the opportunities of other enrollees4 7#b7 ,zero tolerance policy and drug testing 7,a7 ,guidelines ,the ,secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence1 for use1 sale1 or possession of a controlled substance1 for abuse of alcohol1 or for other illegal or disruptive activity4 7,b7 ,drug testing ,the ,secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the ,secretary under section #cde7;a74 7,c7 ,definitions ,in this paragraph3 7i7 ,controlled substance ,the term controlled substance has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7ii7 ,zero tolerance policy ,the term zero tolerance policy means a policy under which an enrollee shall be automatically dismissed from the ,job ,corps after a determination by the director that the enrollee has carried out an action described in subparagraph 7,a74 7c7 ,appeal ,a disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the ,secretary4 #cec4 ,community participation 7a7 ,business and community participation ,the director of each ,job ,corps center shall ensure the establishment and development of the mutually beneficial business and community relationships and networks described in subsection 7b71 including the use of local boards1 in order to enhance the effectiveness of such centers4 7b7 ,networks ,the activities carried out by each ,job ,corps center under this section shall include-- 7#a7 establishing and developing relationships and networks with-- 7,a7 local and distant employers1 to the extent practicable1 in coordination with entities carrying out other ,federal and non-,federal programs that conduct similar outreach to employers2 7,b7 applicable one-stop centers and applicable local boards1 for the purpose of providing-- 7i7 information to1 and referral of1 potential enrollees2 and 7ii7 job opportunities for ,job ,corps graduates2 and 7,c7 7i7 entities carrying out relevant apprenticeship programs and youth programs2 7ii7 labor-management organizations and local labor organizations2 7iii7 employers and contractors that support national training contractor programs2 and 7iv7 community-based organizations1 non-profit organizations1 and intermediaries providing worker training services and activities2 and 7#b7 establishing and developing relationships with members of the community in which the ,job ,corps center is located1 informing members of the community about the projects of the ,job ,corps center and changes in the rules1 procedures1 or activities of the center that may affect the community1 and planning events of mutual interest to the community and the ,job ,corps center4 7c7 ,new centers ,the director of a ,job ,corps center that is not yet operating shall ensure the establishment and development of the relationships and networks described in subsection 7b7 at least #c months prior to the date on which the center accepts the first enrollee at the center4 #ced4 ,workforce councils 7a7 ,in general ,each ,job ,corps center shall have a workforce council1 appointed by the director of the center1 in accordance with procedures established by the ,secretary4 7b7 ,workforce council composition 7#a7 ,in general ,a workforce council shall be comprised of-- 7,a7 a majority of members who shall be owners of business concerns1 chief executives or chief operating officers of nongovernmental employers1 or other private sector employers1 who-- 7i7 have substantial management1 hiring1 or policy responsibility2 and 7ii7 represent businesses with employment opportunities that reflect the employment opportunities of the applicable local areas in which enrollees will be seeking employment2 7,b7 representatives of labor organizations 7where present7 and representatives of employees2 and 7,c7 enrollees and graduates of the ,job ,corps4 7#b7 ,local board ,the workforce council may include members of the applicable local boards who meet the requirements described in paragraph 7#a74 7#c7 ,employers outside of local area ,the workforce council for a ,job ,corps center may include1 or otherwise provide for consultation with1 employers from outside the local area who are likely to hire a significant number of enrollees from the ,job ,corps center4 7#d7 ,special rule for single ,state local areas ,in the case of a single ,state local area as determined under section #bbb7;c71 the workforce council shall include a representative of the ,state ,board4 7c7 ,responsibilities ,the responsibilities of the workforce council shall be-- 7#a7 to work closely with all applicable local boards in order to determine1 and recommend to the ,secretary1 appropriate career and technical education and training for the center2 7#b7 to review all the relevant labor market information1 including related information in the ,state plan or the local plan1 to-- 7,a7 recommend the in-demand industry sectors or occupations in the area in which the ,job ,corps center operates2 7,b7 determine the employment opportunities in the local areas in which the enrollees intend to seek employment after graduation2 7,c7 determine the skills and education that are necessary to obtain the employment opportunities2 and 7,d7 recommend to the ,secretary the type of career and technical education and training that should be implemented at the center to enable the enrollees to obtain the employment opportunities2 and 7#c7 to meet at least once every #f months to reevaluate the labor market information1 and other relevant information1 to determine1 and recommend to the ,secretary1 any necessary changes in the career and technical education and training provided at the center4 7d7 ,new centers ,the workforce council for a ,job ,corps center that is not yet operating shall carry out the responsibilities described in subsection 7c7 at least #c months prior to the date on which the center accepts the first enrollee at the center4 #cee4 ,advisory committees ,the ,secretary may establish and use advisory committees in connection with the operation of the ,job ,corps program1 and the operation of ,job ,corps centers1 whenever the ,secretary determines that the availability of outside advice and counsel on a regular basis would be of substantial benefit in identifying and overcoming problems1 in planning program or center development1 or in strengthening relationships between the ,job ,corps and agencies1 institutions1 or groups engaged in related activities4 #cef4 ,experimental projects and technical assistance 7a7 ,projects ,the ,secretary may carry out experimental1 research1 or demonstration projects relating to carrying out the ,job ,corps program4 ,the ,secretary may waive any provisions of this chapter that the ,secretary finds would prevent the ,secretary from carrying out the projects if the ,secretary informs the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 in writing1 not less than #ij days in advance of issuing such waiver4 7b7 ,technical assistance ,from the funds provided under section #cfb 7for the purposes of administration71 the ,secretary may reserve #a_/d of #a percent to provide1 directly or through grants1 contracts1 or other agreements or arrangements as the ,secretary considers appropriate1 technical assistance for the ,job ,corps program for the purpose of improving program quality4 ,such assistance shall include-- 7#a7 assisting ,job ,corps centers and programs-- 7,a7 in correcting deficiencies under1 and violations of1 this chapter2 7,b7 in meeting or exceeding the expected levels of performance under section #cei7;c77#a7 for the performance indicators described in section #djb7;b77#b72 and 7,c7 in the development of sound management practices1 including financial management procedures2 and 7#b7 assisting entities1 including entities not currently operating a ,job ,corps center1 in developing the additional selection factors information described in section #cdg7;a77#c74 #ceg4 ,application of provisions of ,federal law 7a7 ,enrollees not considered ,to be ,federal employees 7#a7 ,in general ,except as otherwise provided in this subsection and in section #hadc7;a7 of title #e1 ,united ,states ,code1 enrollees shall not be considered to be ,federal employees and shall not be subject to the provisions of law relating to ,federal employment1 including such provisions regarding hours of work1 rates of compensation1 leave1 unemployment compensation1 and ,federal employee benefits4 7#b7 ,provisions relating to taxes and ,social ,security benefits ,for purposes of the ,internal ,revenue ,code of #aihf and title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq471 enrollees shall be deemed to be employees of the ,united ,states and any service performed by an individual as an enrollee shall be deemed to be performed in the employ of the ,united ,states4 7#c7 ,provisions relating to compensation to ,federal employees for work injuries ,for purposes of subchapter ,i of chapter #ha of title #e1 ,united ,states ,code 7relating to compensation to ,federal employees for work injuries71 enrollees shall be deemed to be civil employees of the ,government of the ,united ,states within the meaning of the term employee as defined in section #haja of title #e1 ,united ,states ,code1 and the provisions of such subchapter shall apply as specified in section #hadc7;a7 of title #e1 ,united ,states ,code4 7#d7 ,federal tort claims provisions ,for purposes of the ,federal tort claims provisions in title #bh1 ,united ,states ,code1 enrollees shall be considered to be employees of the ,government4 7b7 ,adjustments and settlements ,whenever the ,secretary finds a claim for damages to a person or property resulting from the operation of the ,job ,corps to be a proper charge against the ,united ,states1 and the claim is not cognizable under section #bfgb of title #bh1 ,united ,states ,code1 the ,secretary may adjust and settle the claim in an amount not exceeding #a1ejj4 7c7 ,personnel of the uniformed services ,personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the ,secretary for the support of the ,job ,corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade in such services4 #ceh4 ,special provisions 7a7 ,enrollment ,the ,secretary shall ensure that women and men have an equal opportunity to participate in the ,job ,corps program1 consistent with section #cde4 7b7 ,studies1 evaluations1 proposals1 and data ,the ,secretary shall assure that all studies1 evaluations1 proposals1 and data produced or developed with ,federal funds in the course of carrying out the ,job ,corps program shall become the property of the ,united ,states4 7c7 ,transfer of property 7#a7 ,in general ,notwithstanding chapter #e of title #dj1 ,united ,states ,code1 and any other provision of law1 the ,secretary and the ,secretary of ,education shall receive priority by the ,secretary of ,defense for the direct transfer1 on a nonreimbursable basis1 of the property described in paragraph 7#b7 for use in carrying out programs under this ,act or under any other ,act4 7#b7 ,property ,the property described in this paragraph is real and personal property under the control of the ,department of ,defense that is not used by such ,department1 including property that the ,secretary of ,defense determines is in excess of current and projected requirements of such ,department4 7d7 ,gross receipts ,transactions conducted by a private for-profit or nonprofit entity that is an operator or service provider for a ,job ,corps center shall not be considered to be generating gross receipts4 ,such an operator or service provider shall not be liable1 directly or indirectly1 to any ,state or subdivision of a ,state 7nor to any person acting on behalf of such a ,state or subdivision7 for any gross receipts taxes1 business privilege taxes measured by gross receipts1 or any similar taxes imposed on1 or measured by1 gross receipts in connection with any payments made to or by such entity for operating or providing services to a ,job ,corps center4 ,such an operator or service provider shall not be liable to any ,state or subdivision of a ,state to collect or pay any sales1 excise1 use1 or similar tax imposed on the sale to or use by such operator or service provider of any property1 service1 or other item in connection with the operation of or provision of services to a ,job ,corps center4 7e7 ,management fee ,the ,secretary shall provide each operator and 7in an appropriate case1 as determined by the ,secretary7 service provider with an equitable and negotiated management fee of not less than #a percent of the amount of the funding provided under the appropriate agreement specified in section #cdg4 7f7 ,donations ,the ,secretary may accept on behalf of the ,job ,corps or individual ,job ,corps centers charitable donations of cash or other assistance1 including equipment and materials1 if such donations are available for appropriate use for the purposes set forth in this chapter4 7g7 ,sale of property ,notwithstanding any other provision of law1 if the ,administrator of ,general ,services sells a ,job ,corps center facility1 the ,administrator shall transfer the proceeds from the sale to the ,secretary1 who shall use the proceeds to carry out the ,job ,corps program4 #cei4 ,management information 7a7 ,financial management information system 7#a7 ,in general ,the ,secretary shall establish procedures to ensure that each operator1 and each service provider1 maintains a financial management information system that will provide-- 7,a7 accurate1 complete1 and current disclosures of the costs of ,job ,corps operations2 and 7,b7 sufficient data for the effective evaluation of activities carried out through the ,job ,corps program4 7#b7 ,accounts ,each operator and service provider shall maintain funds received under this chapter in accounts in a manner that ensures timely and accurate reporting as required by the ,secretary4 7#c7 ,fiscal responsibility ,operators shall remain fiscally responsible and control costs1 regardless of whether the funds made available for ,job ,corps centers are incrementally increased or decreased between fiscal years4 7b7 ,audit 7#a7 ,access ,the ,secretary1 the ,inspector ,general of the ,department of ,labor1 the ,comptroller ,general of the ,united ,states1 and any of their duly authorized representatives1 shall have access to any books1 documents1 papers1 and records of the operators and service providers described in subsection 7a7 that are pertinent to the ,job ,corps program1 for purposes of conducting surveys1 audits1 and evaluations of the operators and service providers4 7#b7 ,surveys1 audits1 and evaluations ,the ,secretary shall survey1 audit1 or evaluate1 or arrange for the survey1 audit1 or evaluation of1 the operators and service providers1 using ,federal auditors or independent public accountants4 ,the ,secretary shall conduct such surveys1 audits1 or evaluations not less often than once every #c years4 7c7 ,information on performance indicators 7#a7 ,levels of performance and indicators ,the ,secretary shall annually establish expected levels of performance for a ,job ,corps center and the ,job ,corps program relating to each of the performance indicators described in section #djb7;b77#b74 7#b7 ,performance of recruiters ,the ,secretary shall also establish performance indicators1 and expected levels of performance on the performance indicators1 for recruitment service providers serving the ,job ,corps program4 ,the performance indicators shall relate to-- 7,a7 the number of enrollees recruited1 compared to the established goals for such recruitment1 and the number of enrollees who remain committed to the program for #ij days after enrollment2 and 7,b7 the measurements described in subparagraphs 7,i71 7,l71 and 7,m7 of subsection 7d77#a74 7#c7 ,performance of career transition service providers ,the ,secretary shall also establish performance indicators1 and expected levels of performance on the performance indicators1 for career transition service providers serving the ,job ,corps program4 ,the performance indicators shall relate to-- 7,a7 the performance indicators described in section #djb7;b77#b72 and 7,b7 the measurements described in subparagraphs 7,d71 7,e71 7,h71 7,j71 and 7,k7 of subsection 7d77#a74 7#d7 ,report ,the ,secretary shall collect1 and annually submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report including-- 7,a7 information on the performance of each ,job ,corps center1 and the ,job ,corps program1 based on the performance indicators described in paragraph 7#a71 as compared to the expected level of performance established under such paragraph for each performance indicator2 and 7,b7 information on the performance of the service providers described in paragraphs 7#b7 and 7#c7 on the performance indicators established under such paragraphs1 as compared to the expected level of performance established for each performance indicator4 7d7 ,additional information 7#a7 ,in general ,the ,secretary shall also collect1 and submit in the report described in subsection 7c77#d71 information on the performance of each ,job ,corps center1 and the ,job ,corps program1 regarding-- 7,a7 the number of enrollees served2 7,b7 demographic information on the enrollees served1 including age1 race1 gender1 and education and income level2 7,c7 the number of graduates of a ,job ,corps center2 7,d7 the number of graduates who entered the ,armed ,forces2 7,e7 the number of graduates who entered apprenticeship programs2 7,f7 the number of graduates who received a regular secondary school diploma2 7,g7 the number of graduates who received a ,state recognized equivalent of a secondary school diploma2 7,h7 the number of graduates who entered unsubsidized employment related to the career and technical education and training received through the ,job ,corps program and the number who entered unsubsidized employment not related to the education and training received2 7,i7 the percentage and number of former enrollees1 including the number dismissed under the zero tolerance policy described in section #ceb7;b72 7,j7 the percentage and number of graduates who enter postsecondary education2 7,k7 the average wage of graduates who enter unsubsidized employment-- 7i7 on the first day of such employment2 and 7ii7 on the day that is #f months after such first day2 7,l7 the percentages of enrollees described in subparagraphs 7,a7 and 7,b7 of section #cde7;c77#a71 as compared to the percentage targets established by the ,secretary under such section for the center2 7,m7 the cost per enrollee1 which is calculated by comparing the number of enrollees at the center in a program year to the total budget for such center in the same program year2 7,n7 the cost per graduate1 which is calculated by comparing the number of graduates of the center in a program year compared to the total budget for such center in the same program year2 and 7,o7 any additional information required by the ,secretary4 7#b7 ,rules for reporting of data ,the disaggregation of data under this subsection shall not be required when the number of individuals in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual4 7e7 ,methods ,the ,secretary shall collect the information described in subsections 7c7 and 7d71 using ,state quarterly wage records in a manner consistent with ,state law1 by entering into agreements with the ,states to access such data for ,job ,corps enrollees1 former enrollees1 and graduates4 7f7 ,performance assessments and improvements 7#a7 ,assessments ,the ,secretary shall conduct an annual assessment of the performance of each ,job ,corps center4 ,based on the assessment1 the ,secretary shall take measures to continuously improve the performance of the ,job ,corps program4 7#b7 ,performance improvement ,with respect to a ,job ,corps center that fails to meet the expected levels of performance relating to the performance indicators specified in subsection 7c77#a71 the ,secretary shall develop and implement a performance improvement plan4 ,such a plan shall require action to be taken during a #a-year period1 including-- 7,a7 providing technical assistance to the center2 7,b7 changing the career and technical education and training offered at the center2 7,c7 changing the management staff of the center2 7,d7 replacing the operator of the center2 7,e7 reducing the capacity of the center2 7,f7 relocating the center2 or 7,g7 closing the center4 7#c7 ,additional performance improvement ,in addition to the performance improvement plans required under paragraph 7#b71 the ,secretary may develop and implement additional performance improvement plans4 ,such a plan shall require improvements1 including the actions described in such paragraph1 for a ,job ,corps center that fails to meet criteria established by the ,secretary other than the expected levels of performance described in such paragraph4 7g7 ,participant health and safety 7#a7 ,center ,the ,secretary shall ensure that a review by an appropriate ,federal1 ,state1 or local entity of the physical condition and health-related activities of each ,job ,corps center occurs annually4 7#b7 ,work-based learning locations ,the ,secretary shall require that an entity that has entered into a contract to provide work-based learning activities for any ,job ,corps enrollee under this chapter shall comply with the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 or1 as appropriate1 under the corresponding ,state ,occupational ,safety and ,health ,act of #aigj requirements in the ,state in which such activities occur4 7h7 ,buildings and facilities ,the ,secretary shall collect1 and submit in the report described in subsection 7c7w1 information regarding the state of ,job ,corps buildings and facilities4 ,such report shall include-- 7#a7 a review of requested construction1 rehabilitation1 and acquisition projects1 by each ,job ,corps center2 and 7#b7 a review of new facilities under construction4 7i7 ,national and community service ,the ,secretary shall include in the report described in subsection 7c77#d7 available information regarding the national and community service activities of enrollees4 7j7 ,closure of job corps center ,prior to the closure of any ,job ,corps center1 the ,secretary shall ensure-- 7#a7 that the proposed decision to close the center is announced in advance to the general public through publication in the ,federal ,register or other appropriate means2 7#b7 the establishment of a reasonable comment period1 not to exceed #cj days1 for interested individuals to submit written comments to the ,secretary2 and 7#c7 that the ,member of ,congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center4 #cfj4 ,general provisions ,the ,secretary is authorized to-- 7#a7 disseminate1 with regard to the provisions of section #cbjd of title #ci1 ,united ,states ,code1 data and information in such forms as the ,secretary shall determine to be appropriate1 to public agencies1 private organizations1 and the general public2 7#b7 subject to section #ceg7;b71 collect or compromise all obligations to or held by the ,secretary and exercise all legal or equitable rights accruing to the ,secretary in connection with the payment of obligations until such time as such obligations may be referred to the ,attorney ,general for suit or collection2 and 7#c7 expend funds made available for purposes of this chapter-- 7,a7 for printing and binding1 in accordance with applicable law 7including regulation72 and 7,b7 without regard to any other law 7including regulation71 for rent of buildings and space in buildings and for repair1 alteration1 and improvement of buildings and space in buildings rented by the ,secretary1 except that the ,secretary shall not expend funds under the authority of this subparagraph-- 7i7 except when necessary to obtain an item1 service1 or facility1 that is required in the proper administration of this chapter1 and that otherwise could not be obtained1 or could not be obtained in the quantity or quality needed1 or at the time1 in the form1 or under the conditions in which the item1 service1 or facility is needed2 and 7ii7 prior to having given written notification to the ,administrator of ,general ,services 7if the expenditure would affect an activity that otherwise would be under the jurisdiction of the ,general ,services ,administration7 of the intention of the ,secretary to make the expenditure1 and the reasons and justifications for the expenditure4 #cfa4 ,job ,corps oversight and reporting 7a7 ,temporary financial reporting 7#a7 ,in general ,during the periods described in paragraphs 7#b7 and 7#c77;,b71 the ,secretary shall prepare and submit to the applicable committees financial reports regarding the ,job ,corps program under this chapter4 ,each such financial report shall include-- 7,a7 information regarding the implementation of the financial oversight measures suggested in the ,may #ca1 #bjac1 report of the ,office of ,inspector ,general of the ,department of ,labor entitled ,the ,u4,s4 ,department of ,labor's ,employment and ,training ,administration ,needs to ,strengthen ,controls over ,job ,corps ,funds2 7,b7 a description of any budgetary shortfalls for the program for the period covered by the financial report1 and the reasons for such shortfalls2 and 7,c7 a description and explanation for any approval for contract expenditures that are in excess of the amounts provided for under the contract4 7#b7 ,timing of reports ,the ,secretary shall submit a financial report under paragraph 7#a7 once every #f months beginning on the effective date of this title1 for a #c-year period4 ,after the completion of such #c-year period1 the ,secretary shall submit a financial report under such paragraph once a year for the next #b years1 unless additional reports are required under paragraph 7#c77;,b74 7#c7 ,reporting requirements in cases of budgetary shortfalls ,if any financial report required under this subsection finds that the ,job ,corps program under this chapter has a budgetary shortfall for the period covered by the report1 the ,secretary shall-- 7,a7 not later than #ij days after the budgetary shortfall was identified1 submit a report to the applicable committees explaining how the budgetary shortfall will be addressed2 and 7,b7 submit an additional financial report under paragraph 7#a7 for each #f-month period subsequent to the finding of the budgetary shortfall until the ,secretary demonstrates1 through such report1 that the ,job ,corps program has no budgetary shortfall4 7b7 ,third-,party review 7#a7 ,in general ,every #e years after the effective date of this title1 the ,secretary shall provide for a third-party review of the ,job ,corps program under this chapter that addresses-- 7,a7 the general effectiveness of such program in relation to its cost1 including the extent to which the program-- 7i7 improves the employment competencies of participants in comparison to comparably situated individuals who did not participate in such program2 and 7ii7 to the extent feasible1 increases the level of total employment over the level that would have existed in the absence of such program2 7,b7 the effectiveness of the performance indicators described in section #djb7;b77#b7 and expected levels of performance described in section #cei7;c77#a71 relating to such program2 7,c7 the effectiveness of the structure and mechanisms for delivery of services through such program1 including the coordination and integration of services through such program2 7,d7 the impact of such program on the community1 businesses1 and participants involved2 7,e7 the impact of such program on related programs and activities2 7,f7 the extent to which such program meets the needs of various demographic groups2 and 7,g7 such other factors as may be appropriate4 7#b7 ,submission ,the results of the review shall be submitted to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7c7 ,criteria for ,job ,corps center closures ,by not later than #f months after the effective date of this title1 the ,secretary shall establish written criteria that the ,secretary shall use to determine when a ,job ,corps center supported under this chapter is to be closed and how to carry out such closure1 and shall submit such criteria to the applicable committees4 7d7 ,definition of applicable committees ,in this section1 the term applicable committees means-- 7#a7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 7#b7 the ,subcommittee on ,labor1 ,health and ,human ,services1 ,education1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7#d7 the ,subcommittee on ,labor1 ,health and ,human ,services1 ,education1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate4 #cfb4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this chapter-- 7#a7 #a1hah1edh1jjj for fiscal year #bjaf2 7#b7 #a1hef1bhc1jjj for fiscal year #bjag2 7#c7 #a1hig1dee1jjj for fiscal year #bjah2 7#d7 #a1idb1jfd1jjj for fiscal year #bjai2 and 7#e7 #a1ihc1bcf1jjj for fiscal year #bjbj4 ,c ,worker training for individuals with disabilities #cga4 ,declaration of purpose and policy 7a7 ,findings ,congress finds that-- 7#a7 work is a valued activity1 both for individuals and society2 7#b7 as a group1 individuals with disabilities experience high levels of unemployment and poverty2 7#c7 individuals with disabilities1 including individuals with the most significant disabilities1 have demonstrated their ability to achieve gainful employment in integrated settings2 and 7#d7 the provision of vocational rehabilitation services can enable individuals with disabilities1 including individuals with the most significant disabilities1 to pursue meaningful careers4 7b7 ,purpose ,the purpose of this subtitle is to assist ,states in operating programs to provide vocational rehabilitation services and information and referral services for individuals with disabilities so that such individuals may prepare for and engage in gainful employment4 7c7 ,policy ,it is the policy of the ,united ,states that such a program shall be carried out in a manner consistent with the following principles3 7#a7 ,individuals with disabilities1 including individuals with the most significant disabilities1 shall generally be presumed to be capable of engaging in gainful employment and benefitting from the provision of individualized vocational rehabilitation services in terms of improving their ability to become gainfully employed4 7#b7 ,individuals with disabilities shall be provided the opportunities to obtain gainful employment in integrated settings4 7#c7 ,individuals who are applicants for programs of vocational rehabilitation services or eligible to participate in such programs shall be active and full partners in the vocational rehabilitation process1 making meaningful and informed choices4 7#d7 ,families and other natural supports can play important roles in the success of a program of vocational rehabilitation services1 if the individual with a disability involved requests1 desires1 or needs such supports4 7#e7 ,accountability measures shall facilitate the accomplishment of the goals and objectives of the program1 including providing vocational rehabilitation services to1 among others1 individuals with the most significant disabilities4 #cgb4 ,authorization of appropriations 7a7 ,in general ,for each of fiscal years #bjaf through #bjbj1 the sum of the amounts made available under subsections 7b7 and 7c7 for that year shall be used for the purposes of providing vocational rehabilitation services and information referral services under section #cge to individuals with disabilities who satisfy the eligibility criteria specified in section #cgd4 7b7 ,mandatory funding 7#a7 ,fiscal year #bjaf ,subject to section #cgc7;e71 for the purposes described in subsection 7a71 there is authorized to be appropriated and there is appropriated for fiscal year #bjaf the amount of the appropriation under section #ajj7;b77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj7;b77#a771 as in effect on the day before the effective date of this title1 for fiscal year #bjae1 increased by the percentage change in the ,consumer ,price ,index determined under section #ajj7;c7 of that ,act 7#bi ,u4,s4,c4 #gbj7;c771 as in effect on that day4 7#b7 ,succeeding years ,subject to section #cgc7;e71 for the purposes described in subsection 7a71 there is authorized to be appropriated and there is appropriated for fiscal year #bjag and each succeeding fiscal year the amount of the appropriation under this subsection for the immediately preceding fiscal year1 increased by the percentage change in the ,consumer ,price ,index1 as so determined4 7c7 ,discretionary funding ,there is authorized to be appropriated to carry out this subtitle-- 7#a7 #ed1dff1jjj for fiscal year #bjaf2 7#b7 #ea1jef1jjj for fiscal year #bjag2 7#c7 #eb1afb1jjj for fiscal year #bjah2 7#d7 #ec1cfj1jjj for fiscal year #bjai2 and 7#e7 #ed1dff1jjj for fiscal year #bjbj4 #cgc4 ,grants to ,states 7a7 ,grants ,subject to subsection 7e71 the ,secretary shall make grants to eligible ,states1 from allotments made under subsection 7b71 to enable the ,states to provide vocational rehabilitation services and information and referral services1 consistent with section #cge1 to individuals with disabilities who satisfy the eligibility criteria specified in section #cgd4 ,the ,secretary shall make such a grant to the ,state board of each eligible ,state4 7b7 ,allotment of funds to ,states 7#a7 ,fiscal year #bjaf ,for fiscal year #bjaf1 the ,secretary shall allot to each ,state an amount that bears the same relationship to the total funds made available under section #cgb for that year as the amount the ,state received under section #aaj of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcj71 as in effect on the day before the effective date of this title1 for fiscal year #bjae bears to the total amount all ,states received under that section #aaj for fiscal year #bjae4 7#b7 ,fiscal years #bjag-bjbj 7,a7 ,in general ,subject to subparagraph 7,b71 for each of fiscal years #bjag through #bjbj1 the ,secretary shall allot to each ,state an amount that bears the same relationship to the total funds made available under section #cgb for that year as the number of unemployed individuals with disabilities 7as reported in the ,american ,community ,survey of the ,bureau of the ,census7 in that ,state bears to the total number of such individuals 7as so reported7 in all ,states4 7,b7 ,limitation ,no ,state shall receive an allotment under subparagraph 7,a7 for a fiscal year in an amount that is less than #ij percent of the amount of the allotment the ,state received under this subsection for the prior fiscal year4 7c7 ,within ,state allocation ,each ,state board shall allocate the funds made available under subsection 7a7 and not reserved under subsection 7d71 along with the contributions provided by the ,state under subsection 7e71 to local boards1 according to criteria included in a ,state plan submitted and approved under section #bab4 ,the local board shall use the funds and contributions to award contracts1 on a competitive basis1 to eligible entities as described in section #bda to provide vocational rehabilitation services and information and referral services4 7d7 ,limitation on uses of funds for administrative costs ,of the funds made available to a ,state under this section for a fiscal year1 not more than #aj percent may be used for administrative costs by the ,state boards and local boards in the ,state4 7e7 ,matching requirement ,to be eligible to receive funds described in section #cgb7;b7 through a grant made under this section1 the ,state shall agree that1 with respect to the costs to be incurred by the ,state in providing the services for which the grant was awarded1 the ,state will make available non-,federal contributions4 ,the ,state shall make the contributions in an amount equal to not less than #bg for every #ajj of funds described in section #cgb7;b7 and provided under the grant4 ,the ,state may make the contributions directly or through donations from public or private entities4 #cgd4 ,eligible population 7a7 ,eligibility 7#a7 ,criteria for eligibility ,an individual is eligible for services under this subtitle if the individual-- 7,a7 is an individual with a disability2 7,b7 can benefit in terms of an employment outcome from services authorized under this subtitle2 and 7,c7 requires services authorized under this subtitle to prepare for1 secure1 retain1 or regain employment4 7#b7 ,presumption of eligibility 7,a7 ,determination ,for purposes of this section1 an individual shall be presumed to be an individual that can benefit in terms of an employment outcome from services under this subtitle4 ,the ,state may deny services under this subtitle to an individual who meets the eligibility criteria of subparagraphs 7,a7 and 7,c7 of paragraph 7#a7 only if the ,state can demonstrate by clear and convincing evidence that such individual is incapable of benefitting in terms of an employment outcome from the services authorized under this subtitle due to the severity of the disability of the individual4 7,b7 ,timeframe for making an eligibility determination ,the ,state shall determine whether an individual is eligible for services under this subtitle within a reasonable period of time1 not to exceed #fj days1 after the individual has submitted an application for the services1 unless-- 7i7 exceptional and unforeseen circumstances beyond the control of the ,state preclude making an eligibility determination within those #fj days and the ,state and the individual agree to a specific extension of time2 or 7ii7 the ,state is exploring an individual's abilities1 capabilities1 and capacity to perform in work situations4 7,c7 ,appeal ,each ,state board shall establish a process for an individual to challenge an assessment that the individual is incapable of benefitting in terms of an employment outcome from the services authorized under this subtitle due to the severity of the disability of the individual4 7b7 ,powers of the ,secretary ,the ,secretary may issue regulations under this section4 #cge4 ,vocational rehabilitation services and information and referral services 7a7 ,vocational rehabilitation services 7#a7 ,eligible services ,vocational rehabilitation services provided under this subtitle are any services necessary to assist an individual with a disability in preparing for1 securing1 retaining1 or regaining an employment outcome1 consisting of-- 7,a7 the adult training services listed in section #cae2 7,b7 job-related services1 including individual assessment1 counseling1 guidance1 job search and placement assistance1 job retention services1 follow-up services1 and follow-along services2 7,c7 vocational and other training services1 including the provision of personal and vocational adjustment services1 books1 tools1 and other training materials2 7,d7 diagnosis and treatment of physical and mental impairments2 7,e7 transportation1 including adequate training in the use of public transportation vehicles and systems1 that is provided in connection with the provision of any other service described in this section and needed by the individual to achieve an employment outcome2 7,f7 on-the-job or other related personal assistance services provided while an individual is receiving other services described in this section2 7,g7 interpreter services provided by qualified personnel for individuals who are deaf or hard of hearing1 and reader services for individuals who are determined to be blind2 7,h7 rehabilitation technology1 including telecommunications1 sensory1 and other technological aids and devices2 7,i7 transition services for students with disabilities1 that facilitate the achievement of positive employment outcomes2 7,j7 supported employment services2 7,k7 specific postemployment services necessary to assist an individual with a disability to retain1 regain1 or advance in employment2 and 7,l7 any other services necessary to assist an individual with a disability in preparing for1 securing1 retaining1 or regaining an employment outcome4 7#b7 ,order of selection for vocational rehabilitation services ,in the event that the vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the ,state who apply for the services1 the ,state plan shall-- 7,a7 show the order to be followed in selecting eligible individuals to be provided the vocational rehabilitation services2 7,b7 provide the justification for the order of selection2 and 7,c7 include an assurance that1 in accordance with criteria established by the ,state for the order of selection1 individuals with the most significant disabilities will be selected first for the provision of the vocational rehabilitation services4 7b7 ,information and referral services 7#a7 ,in general ,the ,state shall ensure that individuals with disabilities are appropriately referred to ,federal and ,state programs 7other than the program carried out under this subtitle71 including other programs made available through the statewide workforce investment system in the ,state4 7#b7 ,referrals ,an appropriate referral made under paragraph 7#a7 shall be a referral to the ,federal or ,state program covered by paragraph 7#a7 that is best suited to address the specific employment needs of an individual with a disability4 ,d ,worker ,training for ,indians 7,including ,alaska ,natives7 and ,native ,hawaiians #cha4 ,worker training for ,indians 7including ,alaska ,natives7 and ,native ,hawaiians 7a7 ,purpose 7#a7 ,in general ,the purpose of this section is to support worker training activities described in subsection 7c7 for ,indian 7including ,alaska ,native7 and ,native ,hawaiian individuals in order-- 7,a7 to develop more fully the academic1 occupational1 and literacy skills of such individuals2 7,b7 to make such individuals more competitive in the workforce2 and 7,c7 to promote the economic and social development of ,indian 7including ,alaska ,native7 and ,native ,hawaiian communities in accordance with the goals and values of such communities4 7#b7 ,indian policy ,all programs of activities assisted under this section shall be administered in a manner consistent with the principles of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 and the government-to-government relationship between the ,federal ,government and ,indian tribal governments4 7b7 ,competitive grants1 contracts1 and cooperative agreements ,the ,secretary shall use funds appropriated under subsection 7j7 for programs that provide worker training activities under subsection 7c71 by providing grants on a competitive basis to1 or entering into contracts or cooperative agreements on a competitive basis with1 any of the following entities3 7#a7 ,indian tribes4 7#b7 ,tribal organizations4 7#c7 ,alaska ,native entities4 7#d7 ,indian-controlled organizations serving ,indians4 7#e7 ,native ,hawaiian organizations4 7#f7 ,institutions of higher education4 7#g7 ,tribally controlled postsecondary career and technical education institutions4 7#h7 ,united ,tribes ,technical ,college4 7#i7 ,navajo ,technical ,university4 7#aj7 ,nonprofit organizations4 7c7 ,authorized ,worker ,training ,activities 7#a7 ,in general ,an entity receiving funds made available through a grant1 contract1 or cooperative agreement under subsection 7b7 shall use such funds for comprehensive worker training activities listed in paragraph 7#b7 for ,indians 7including ,alaska ,natives7 and ,native ,hawaiians4 7#b7 ,activities ,the comprehensive worker training activities described in this subsection shall include-- 7,a7 activities related to-- 7i7 skills assessment2 7ii7 job skills and readiness training2 7iii7 on-the-job training2 7iv7 job development and placement2 7v7 educational attainment1 including attainment of literacy1 remedial1 and postsecondary education and career and technical education2 7vi7 vocational rehabilitation1 as described in section #cge7;a72 7vii7 enabling program participation and preparing for1 obtaining1 and retaining employment or educational opportunities2 and 7viii7 other activities the ,secretary determines will promote education and employment of ,indians 7including ,alaska ,natives7 or ,native ,hawaiians2 and 7,b7 services to supplement the activities described in subparagraph 7,a7 for youth who are ,indians 7including ,alaska ,natives7 or ,native ,hawaiians4 7d7 ,nonduplicative and nonexclusive services ,this section shall not be construed to-- 7#a7 limit the eligibility of any entity described in subsection 7b7 to participate in any activity offered by a ,state or local entity under this ,act2 or 7#b7 preclude or discourage any agreement1 between any entity described in such subsection and any ,state or local entity1 to facilitate the provision of services by such entity or to the population served by such entity4 7e7 ,advisory council 7#a7 ,in general ,using funds appropriated under subsection 7j7 to carry out this section1 the ,secretary shall establish a council to be known as the ,native ,american ,employment and ,training ,council 7referred to in this section as the ,council71 to carry out the duties under paragraph 7#c74 7#b7 ,composition ,the ,council shall be composed of individuals1 appointed by the ,secretary1 who are representatives of the entities described in subsection 7b74 7#c7 ,duties 7,a7 ,in general ,the ,council shall advise the ,secretary on all aspects of the operation and administration of the programs assisted under this section4 7,b7 ,technical assistance ,the ,council may provide technical assistance to entities that receive assistance under this section to enable such entities to improve their performance on the activities under subsection 7c74 7#d7 ,personnel matters 7,a7 ,compensation ,members of the ,council shall serve without compensation4 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary may accept the voluntary and uncompensated services of members of the ,council4 7,b7 ,travel expenses ,the members of the ,council shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 while away from their homes or regular places of business in the performance of services for the ,council4 7,c7 ,administrative support ,the ,secretary shall provide the ,council with such administrative support as may be necessary to perform the functions of the ,council4 7#e7 ,chairperson ,the ,council shall select a chairperson from among its members4 7#f7 ,meetings ,the ,council shall have not fewer than #b meetings each year4 7#g7 ,application ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 7f7 ,agreement for certain ,indian tribes ,to transfer funds to the program ,an ,indian tribe that administers funds provided under this section and funds provided by more than one ,state under other sections of this title may enter into an agreement with the ,secretary and the ,governors of the affected ,states to transfer the funds provided by the ,states to the program administered by the tribe under this section4 7g7 ,compliance with single audit requirements2 related requirement 7#a7 ,single ,audit ,act ,grants1 contracts1 and cooperative agreements entered into under this section shall be subject to the requirements of chapter #ge of title #ca1 ,united ,states ,code 7commonly known as the ,single ,audit ,act of #aihd74 7#b7 ,costs ,the charging of costs under this section shall be subject to appropriate circulars issued by the ,office of ,management and ,budget4 7h7 ,assistance to ,american ,samoans in ,hawaii ,notwithstanding any other provision of law1 the ,secretary is authorized to provide assistance to ,american ,samoa individuals who reside in ,hawaii for the co-location of federally funded and ,state-funded worker training services and activities4 7i7 ,definition ,in this section1 the term tribally controlled postsecondary career and technical institution means an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja71 except that subsection 7a77#b7 of such section shall not be applicable and the reference to ,secretary in subsection 7a77#e7 of such section shall be deemed to refer to the ,secretary of the ,interior7 that-- 7#a7 is formally controlled1 or has been formally sanctioned or chartered1 by the governing body of an ,indian tribe or ,indian tribes2 7#b7 offers a technical degree or certificate granting program2 7#c7 is governed by a board of directors or trustees1 a majority of whom are ,indians2 7#d7 demonstrates adherence to stated goals1 a philosophy1 or a plan of operation1 that fosters individual ,indian economic and self-sufficiency opportunity1 including programs that are appropriate to stated tribal goals of developing individual entrepreneurships and self-sustaining economic infrastructures on reservations2 7#e7 has been in operation for at least #c years2 7#f7 holds accreditation with or is a candidate for accreditation by a nationally recognized accrediting authority for postsecondary career and technical education2 and 7#g7 enrolls the full-time equivalent of not less than #ajj students1 of whom a majority are ,indians4 7j7 ,authorization of ,appropriations 7#a7 ,mandatory funding 7,a7 ,fiscal year #bjaf ,for the purpose of providing funds under subsections 7b7 and 7e71 there is authorized to be appropriated1 and there is appropriated1 for fiscal year #bjaf the amount of the reservation under section #aaj7;c7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcj7;c771 as in effect on the day before the effective date of this title1 for fiscal year #bjae1 increased by the percentage change in the ,consumer ,price ,index1 determined in a manner similar to the determination under section #ajj7;c7 of such ,act 7#bi ,u4,s4,c4 #gbj7;c771 as in effect on that day4 7,b7 ,succeeding fiscal years ,for the purpose of providing funds under subsections 7b7 and 7e71 there is authorized to be appropriated1 and there is appropriated1 for fiscal year #bjag and each succeeding fiscal year the amount of the appropriation under this subsection for the immediately preceding fiscal year1 increased by the percentage change in the ,consumer ,price ,index1 as so determined4 7#b7 ,discretionary funding ,there is authorized to be appropriated to carry out this subtitle-- 7,a7 #aaj1gha1ece for fiscal year #bjaf2 7,b7 #aaa1hba1ece for fiscal year #bjag2 7,c7 #aab1ief1ece for fiscal year #bjah2 7,d7 #aad1ahf1ece for fiscal year #bjai2 and 7,e7 #aae1cbb1ece for fiscal year #bjbj4 ,e ,worker training for reintegration of offenders #cia4 ,reintegration of offenders 7a7 ,amending the ,second ,chance ,act 7#a7 ,eligible offenders ,section #bab7;a7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;a77 is amended to read as follows3 7a7 ,eligible offenders 7#a7 ,definitions ,in this section3 7,a7 ,eligible adult offender ,the term eligible adult offender means an individual who-- 7i7 is #ah years of age or older2 7ii7 has been convicted as an adult and imprisoned under ,federal or ,state law2 7iii7 has never been convicted of a violent or sex-related offense2 and 7iv7 has been released from a prison or jail for not more than #ahj days before the date on which the individual begins participating in a grant program carried out under this section4 7,b7 ,eligible offender ,the term eligible offender means an individual who is an eligible adult offender or an eligible youth offender4 7,c7 ,eligible youth offender ,the term eligible youth offender means an individual who-- 7i7 is not younger than #ad years of age and not older than #bd years of age2 and 7ii7 has been subject to any stage in the juvenile justice system and has not been subject to any stage in the adult justice system4 7#b7 ,priority of service ,a grantee under this section shall provide a priority of service in projects funded under this section to eligible offenders who have been released from a ,state correctional facility4 4 7#b7 ,authority to make grants ,section #bab7;b7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;b77 is amended by striking nonprofit organizations and inserting nonprofit organizations1 ,state boards 7as defined in section #aja of the ,,career ,act71 local boards 7as so defined71 or one-stop centers 7within the meaning of the term in section #bca of the ,,career ,act714 7#c7 ,use of funds ,section #bab7;c77#a7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;c77#a77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting a program for after may be used for2 7,b7 in subparagraph 7,b7-- 7i7 by striking one-stop partners and one-stop operators 7as such terms are defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja77 and inserting one-stop operators 7as defined in section #aja of the ,,career ,act72 and 7ii7 by striking section #acd7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;c77 and inserting section #bca of the ,,career ,act4 7#d7 ,application ,section #bab7;d77#a7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;d77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking ,a nonprofit organization and inserting ,an entity2 and 7,b7 in subparagraph 7,b77iii71 by striking local workforce investment boards established under section #aag of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhcb77 and inserting local boards 7as defined in section #aja of the ,,career ,act74 7#e7 ,performance outcomes ,section #bab7;e7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;e77 is amended-- 7,a7 in paragraph 7#a71 by striking nonprofit organization and inserting entity2 and 7,b7 in paragraph 7#b71 by striking a nonprofit organization and inserting an entity4 7#f7 ,reports ,section #bab7;f7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;f77 is amended by striking nonprofit organization and inserting entity4 7#g7 ,authorization of appropriations ,section #bab7;h7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;h77 is amended-- 7,a7 by striking #bj1jjj1jjj and inserting #hj1jgh1jjj2 and 7,b7 by striking #bjji and #bjaj and inserting #bjaf through #bjbj4 7b7 ,grants to ,states for workplace and community transition training for incarcerated individuals ,section #hba of the ,higher ,education ,amendments of #aiih 7#bj ,u4,s4,c4 #aaea7 is repealed4 ,,iv ,performance indicators1 fiscal controls1 and administrative provisions #dja4 ,definition of other direct recipient ,in this title1 the term other direct recipient means each of the following3 7#a7 ,an ,indian tribe that receives a grant from1 or enters into a contract or cooperative agreement with1 the ,secretary under this ,act4 7#b7 ,an outlying area that receives funds under section #cab7;b7 or #ccb7;b74 7#c7 ,an entity that has received a grant under section #cab7;a7 or #ccb7;a74 7#d7 ,an entity described in section #cdg7;a77#a7 that has entered into an agreement with the ,secretary under section #cdg7;a74 7#e7 ,an ,indian entity listed in section #cha7;b7 that receives a grant from1 or enters into a contract or cooperative agreement with1 the ,secretary under section #cha4 #djb4 ,performance accountability system 7a7 ,purpose ,the purpose of this section is to establish a comprehensive performance accountability system1 comprised of the activities described in this section1 to assess the effectiveness of ,states1 other direct recipients1 and local areas in achieving continuous improvement of worker training services and activities1 in order to optimize the return on investment of ,federal funds in statewide and local worker training services and activities4 7b7 ,required statistics1 performance indicators1 and demographic factors 7#a7 ,required statistics for all programs ,for each covered program providing worker training services and activities1 required statistics shall include-- 7,a7 the number of individuals who enrolled in the program2 7,b7 the number1 and percentage1 of individuals who completed the program2 7,c7 the total cost of the program2 7,d7 the cost of the program1 per individual who enrolled in the program2 and 7,e7 the cost of the program per individual who completed the program4 7#b7 ,required performance indicators for all programs ,for each covered program providing worker training services and activities1 performance indicators shall include-- 7,a7 entry1 by individuals unemployed when enrolling in the program1 into unsubsidized employment that is related to the service or activity2 7,b7 retention of unsubsidized employment #f months after entry into the employment1 for individuals unemployed when enrolling in the program2 7,c7 increase in wages #f months after completion of the program1 for individuals employed when enrolling2 7,d7 attainment of a license or certification by individuals participating in the program2 7,e7 attainment of an academic degree or recognized equivalent by such individuals2 7,f7 attainment of basic skills and1 as appropriate1 work readiness or occupational skills by such individuals2 and 7,g7 placement and retention of such individuals in institutions of higher education1 advanced training1 or an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq47 or certified by the ,state1 or placement and retention in military service4 7#c7 ,required demographic factors for all programs ,for each covered program providing worker training services and activities1 demographic factors shall include whether1 at the time the individual enrolls in the program1 the individual-- 7,a7 is an individual with a disability2 7,b7 is blind1 as determined pursuant to title ,,ii or title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq4 and #acha et seq472 7,c7 has attained a secondary school diploma or the recognized equivalent of such diploma2 7,d7 has a degree from an institution of higher education2 7,e7 is long-term unemployed1 meaning-- 7i7 the individual has been unemployed for not less than #bg consecutive weeks prior to enrolling in a worker training service or activity supported under this ,act2 or 7ii7 the individual is a recipient of aid under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 or the program of block grants to ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7,f7 is a disadvantaged youth2 7,g7 is homeless2 7,h7 is an eligible adult offender1 as defined in section #bab7;a7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #agecb7;a772 and 7,i7 is an eligible youth offender1 as defined in such section4 7c7 ,annual report 7#a7 ,reporting requirements 7,a7 ,reporting by programs 7i7 ,required reporting for all programs ,at the end of each fiscal year1 any local board or entity carrying out a covered program providing worker training services and activities shall report all required statistics described in subsection 7b77#a7 and information indicating the level of performance on all applicable performance indicators described in subsection 7b77#b7 in accordance with the process established by the ,state ,board under section #baa7;c77#f74 7ii7 ,disaggregation ,the required statistics and information on the level of performance on all performance indicators included in the annual report shall be reported in the aggregate and disaggregated by the demographic factors described in subsection 7b77#c74 7iii7 ,submittal ,an entity shall submit the information described in clauses 7i7 and 7ii7-- 7,i7 in accordance with the process established by the ,state board1 under section #baa7;c77#f71 in the case of an entity that receives the funds for the covered program providing worker training services and activities through a grant1 contract1 or agreement with a ,governor of a ,state1 ,state board1 local board1 or one-stop operator1 or in the case of a local board2 or 7,,ii7 to the ,secretary1 consistent with regulations promulgated by the ,secretary1 in the case of any other direct recipient4 7,b7 ,state board report ,by the last day of each fiscal year1 each ,state board shall compile a report detailing the information received by the ,state board under subparagraph 7,a77iii77,i7 and submit it to the ,secretary4 7#b7 ,information dissemination ,the ,secretary shall-- 7,a7 make the information contained in the reports under paragraph 7#a7 available to the general public1 through publication and other appropriate methods2 7,b7 disseminate ,state-by-,state comparisons of the information2 and 7,c7 submit the reports to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7d7 ,state levels of performance and sanctions 7#a7 ,state levels of performance 7,a7 ,state adjusted levels of performance for performance indicators 7i7 ,in general ,for each ,state board1 there shall be established1 in accordance with this subparagraph1 levels of performance for each of the performance indicators described in subsection 7b77#b74 ,the levels of performance established under this subparagraph shall1 at a minimum-- 7,i7 be expressed in an objective1 quantifiable1 and measurable form2 and 7,,ii7 show the progress of the ,state toward continuously improving in performance4 7ii7 ,identification in ,state plan ,each ,state shall identify1 in the ,state plan submitted under section #bab1 expected levels of performance for each of the performance indicators described in subsection 7b77#b7 for the years covered by the ,state plan4 7iii7 ,agreement on ,state adjusted levels of performance ,in order to ensure an optimal return on the investment of ,federal funds in worker training services and activities1 the ,secretary and each ,governor shall reach agreement on levels of performance for the ,state for each of the performance indicators for all of the fiscal years covered by the ,state plan4 ,such levels of performance shall be established for all participants in a covered program providing worker training services and activities through the ,state1 ,state board1 local board1 or one-stop operator and disaggregated by the demographic factors described in subsection 7b77#c74 ,the levels agreed to shall be considered to be the ,state adjusted levels of performance for such years and shall be incorporated into the ,state plan prior to the approval of such plan4 7iv7 ,revisions ,if unanticipated circumstances arise in a ,state1 the ,governor may request that the ,state adjusted levels of performance agreed to under clause 7iii7 be revised4 ,the ,secretary shall issue objective criteria and methods for making such revisions4 7,b7 ,levels of performance for additional indicators ,the ,state may1 if the ,state chooses-- 7i7 select other performance indicators in addition to the indicators required under subsection 7b77#b72 and 7ii7 identify in the ,state plan the ,state levels of performance for such additional performance indicators4 7#b7 ,sanctions for ,state failure to meet ,state performance measures 7,a7 ,sanctions against ,states ,if a ,state fails to meet the ,state adjusted levels of performance under paragraph 7#a77;,a7 for a program for #b consecutive fiscal years1 or if a ,state fails to submit a complete report under subsection 7c7 for any fiscal year1 the ,secretary may reduce by not more than #e percent the amount of the grant that would 7in the absence of this paragraph7 be payable to the ,state under such program for the immediately succeeding fiscal year4 ,any such penalty for failure to meet the ,state adjusted levels of performance shall be based on the degree of failure to meet such ,state adjusted levels of performance4 7,b7 ,funds resulting from reduced allotments ,the ,secretary shall use any amount retained as a result of a reduction in an allotment to a ,state made under subparagraph 7,a7 to increase the allotments to all other ,states under section #cab7;c77#b7 in accordance with such section4 7e7 ,levels of performance and sanctions for other direct recipients ,by not later than #ij days after the effective date of this ,act1 the ,secretary shall establish a performance accountability system for other direct recipients that-- 7#a7 for each covered program providing worker training services and activities offered by such other direct recipient1 establishes levels of performance for the indicators described in subsection 7b77#b7 7as applicable to the program71 adjusted levels of performance for such indicators1 and sanctions for failure to meet those levels2 and 7#b7 is comparable to the accountability system for ,states established under subsections 7c7 and 7d74 7f7 ,regulations ,the ,secretary shall promulgate regulations to carry out subsections 7c7 through 7e71 and to establish requirements regarding the content1 timing1 and submission of the report required under subsection 7c77#a71 including requirements regarding what data should be provided and how that data should be formatted4 #djc4 ,fiscal controls2 sanctions 7a7 ,establishment of fiscal controls 7#a7 ,fiscal control and fund accounting procedures 7,a7 ,state and local areas ,each ,state board shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of1 and accounting for1 ,federal funds allocated to local areas under this ,act4 ,such procedures shall ensure that all financial transactions carried out under this ,act are conducted and records maintained in accordance with generally accepted accounting principles applicable in each ,state4 7,b7 ,other direct recipients ,the ,secretary shall establish1 by regulation1 fiscal control and fund accounting procedures meeting the requirements of subparagraph 7,a7 that will apply to other direct recipients4 7#b7 ,cost principles 7,a7 ,in general ,each ,state board1 ,governor of a ,state1 other direct recipient1 and local board 7including the chief elected official for the area7 receiving funds under this ,act shall comply with the applicable uniform cost principles included in the appropriate circulars of the ,office of ,management and ,budget for the type of entity receiving the funds for all funds provided under this ,act4 7,b7 ,exception ,the funds made available to a ,state for administration of statewide worker training services and activities in accordance with section #cac7;c71 shall be allocable to the overall administration of worker training services and activities1 but need not be specifically allocable to any individual program4 7#c7 ,uniform administrative requirements 7,a7 ,in general ,each ,state board1 ,governor1 other direct recipient1 and local board 7including the chief elected official for the area7 shall comply with the appropriate uniform administrative requirements for grants and agreements under this ,act applicable for the type of entity receiving the funds1 as promulgated in circulars or rules of the ,office of ,management and ,budget4 7,b7 ,additional requirement ,procurement transactions under this ,act between local boards and units of ,state or local governments shall be conducted only on a cost-reimbursable basis4 7b7 ,monitoring of activities 7#a7 ,state and local activities 7,a7 ,in general ,each ,governor or ,state board shall conduct on an annual basis onsite monitoring of each local area within the ,state to ensure compliance with the uniform administrative requirements referred to in subsection 7a77#c74 7,b7 ,action by ,governor ,if the ,governor or ,state board determines that a local area is not in compliance with the uniform administrative requirements referred to in subsection 7a77#c71 the ,governor or ,state board shall-- 7i7 require corrective action to secure prompt compliance with the requirements2 and 7ii7 impose the sanctions provided under subparagraph 7,e7 in the event of failure to take the required corrective action4 7,c7 ,certification ,the ,governor or ,state board shall1 every #b years1 certify to the ,secretary that-- 7i7 the ,state has implemented the uniform administrative requirements referred to in subsection 7a77#c72 7ii7 the ,state has monitored local areas to ensure compliance with the uniform administrative requirements as required under subparagraph 7,a72 and 7iii7 the ,state has taken appropriate action to secure compliance pursuant to subparagraph 7,b74 7,d7 ,action by the ,secretary ,if the ,secretary determines that the ,governor or ,state board has not fulfilled the requirements of this subsection1 the ,secretary shall-- 7i7 require corrective action to secure prompt compliance2 and 7ii7 impose the sanctions provided under subsection 7d7 or 7e7 in the event of failure of the ,governor or ,state board to take the required appropriate action to secure compliance4 7,e7 ,substantial violation 7i7 ,action by ,governor or ,state board ,if1 as a result of financial and compliance audits or otherwise1 the ,governor or ,state board determines that there is a substantial violation of a specific provision of this ,act1 and corrective action has not been taken1 the ,governor or ,state board shall-- 7,i7 issue a notice of intent to revoke approval of all or part of the local plan affected2 or 7,,ii7 impose a reorganization plan1 which may include-- 7aa7 decertifying the local board involved2 7bb7 prohibiting the use of eligible providers2 7cc7 selecting an alternative entity to administer the program for the local area involved2 7dd7 merging the local area into one or more other local areas2 or 7ee7 making other such changes as the ,secretary1 ,governor1 or ,state board determines necessary to secure compliance4 7ii7 ,appeal 7,i7 ,in general ,the actions taken by the ,governor or ,state board pursuant to subclause 7,i7 or 7,,ii7 of clause 7i7 may be appealed to the ,secretary and shall not become effective until-- 7aa7 the time for appeal has expired2 or 7bb7 the ,secretary has issued a decision4 7,,ii7 ,additional requirement ,the ,secretary shall make a final decision under subclause 7,i7 not later than #de days after the receipt of the appeal4 7iii7 ,action by the ,secretary ,if the ,governor or ,state board fails to promptly take the actions required under paragraph 7#a71 the ,secretary shall take such actions4 7#b7 ,monitoring and sanctions for other direct recipients ,by not later than #ij days after the effective date of this ,act1 the ,secretary shall establish1 by regulation1 a system of monitoring1 penalties for noncompliance1 for other direct recipients that is comparable to the system required under paragraph 7#a7 for ,states4 7c7 ,repayment of certain amounts to the ,united ,states 7#a7 ,in general ,every ,state or other direct recipient shall repay to the ,united ,states amounts found not to have been expended in accordance with this ,act4 7#b7 ,offset of repayment ,if the ,secretary determines that ,state or other direct recipient has expended funds made available under this ,act in a manner contrary to the requirements of this ,act1 the ,secretary may offset repayment of such expenditures against any other amount to which the ,state or recipient is or may be entitled1 except as provided under subsection 7d77#a74 7#c7 ,special rules for ,states 7,a7 ,repayment from deduction by ,state ,if the ,secretary requires a ,state to repay funds as a result of a determination that a local area of the ,state has expended funds contrary to the requirements of this ,act1 the ,governor or ,state board may use an amount deducted under subparagraph 7,b7 to repay the funds1 except as provided under subsection 7d74 7,b7 ,deduction by ,state ,the ,governor or ,state board may deduct an amount equal to the misexpenditure described in subparagraph 7,a7 from subsequent fiscal year allocations to the local area from funds reserved for the administrative costs of the local programs involved1 as appropriate4 7,c7 ,limitations ,a deduction made by a ,state as described in subparagraph 7,c7 shall not be made until such time as the ,governor or ,state board has taken appropriate corrective action to ensure full compliance within such local area with regard to appropriate expenditures of funds under this ,act4 7d7 ,repayment of amounts 7#a7 ,in general ,each ,state or other direct recipient shall be liable to repay the amounts described in subsection 7c77#a71 from funds other than funds received under this ,act1 upon a determination by the ,secretary that the misexpenditure of funds was due to willful disregard of the requirements of this ,act1 gross negligence1 failure to observe accepted standards of administration1 or a pattern of misexpenditure as described in subsection 7c77#a74 ,no such determination shall be made under this subsection or subsection 7c7 until notice and opportunity for a fair hearing has been given to the recipient4 7#b7 ,factors in imposing sanctions ,in determining whether to impose any sanction authorized by this section against a ,state or other direct recipient for violations by a subgrantee or contractor of such ,state or recipient under this ,act 7including a violation of the regulations issued under this ,act71 the ,secretary shall first determine whether such ,state or recipient has adequately demonstrated that the ,state or recipient has-- 7,a7 established and adhered to an appropriate system for the award and monitoring of grants and contracts with subgrantees and contractors that contains acceptable standards for ensuring accountability2 7,b7 entered into a written grant agreement or contract with such subgrantee or contractor that established clear goals and obligations in unambiguous terms2 7,c7 acted with due diligence to monitor the implementation of the grant agreement or contract1 including carrying out the appropriate monitoring activities 7including audits7 at reasonable intervals2 and 7,d7 taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of this ,act1 including regulations issued under this ,act1 by such subgrantee or contractor4 7#c7 ,waiver ,if the ,secretary determines that the ,state or other direct recipient has demonstrated substantial compliance with the requirements of paragraph 7#b71 the ,secretary may waive the imposition of sanctions authorized by this section upon such ,state or recipient4 ,the ,secretary is authorized to impose any sanction consistent with the provisions of this ,act and any applicable ,federal or ,state law directly against any subgrantee or contractor for a violation of this ,act1 including regulations issued under this ,act4 7e7 ,immediate termination or suspension of assistance in emergency situations ,in emergency situations1 if the ,secretary determines it is necessary to protect the integrity of funds provided under this ,act or ensure the proper operation of the worker training service or activity involved1 the ,secretary may immediately terminate or suspend financial assistance1 in whole or in part1 to any recipient of such funds if the recipient is given prompt notice and the opportunity for a subsequent hearing within #cj days after such termination or suspension4 ,the ,secretary shall not delegate any of the functions or authority specified in this subsection1 other than to an officer whose appointment is required to be made by and with the advice and consent of the ,senate4 7f7 ,discrimination against participants ,if the ,secretary determines that any recipient under this ,act has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved1 or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to this ,act1 or has testified or is about to testify in any such proceeding or investigation under or related to this ,act1 or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provisions of this ,act or the ,secretary's regulations1 the ,secretary shall1 within #cj days1 take such action or order such corrective measures1 as necessary1 with respect to the recipient or the aggrieved individual1 or both4 7g7 ,remedies ,the remedies described in this section shall not be construed to be the exclusive remedies available for violations described in this section4 #djd4 ,reports2 recordkeeping2 investigations 7a7 ,reports 7#a7 ,in general ,recipients of funds under this ,act shall keep records that are sufficient to permit the preparation of reports required by this ,act and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully4 7#b7 ,submission to the ,secretary ,every such recipient shall maintain such records and submit such reports1 in such form and containing such information1 as the ,secretary may require regarding the performance of programs of worker training services and activities carried out under this ,act4 ,such records and reports shall be submitted to the ,secretary but shall not be required to be submitted more than once each quarter unless specifically requested by ,congress or a committee of ,congress1 in which case an estimate may be provided4 7#c7 ,maintenance of standardized records ,in order to allow for the preparation of the reports required under subsection 7c71 such recipients shall maintain standardized records for all individual participants and provide to the ,secretary a sufficient number of such records to provide for an adequate analysis of the records4 7#d7 ,availability to the public 7,a7 ,in general ,except as provided in subparagraph 7,b71 records maintained by such recipients pursuant to this subsection shall be made available to the public upon request4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to-- 7i7 information1 the disclosure of which would constitute a clearly unwarranted invasion of personal privacy2 and 7ii7 trade secrets1 or commercial or financial information1 that is-- 7,i7 obtained from a person2 and 7,,ii7 privileged or confidential4 7,c7 ,fees to recover costs ,such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph 7,a74 7b7 ,investigations of use of funds 7#a7 ,in general 7,a7 ,secretary ,in order to evaluate compliance with the provisions of this ,act1 the ,secretary shall conduct1 in several ,states1 in each fiscal year1 investigations of the use of funds received by recipients under this ,act4 7,b7 ,comptroller ,general of the ,united ,states ,in order to ensure compliance with the provisions of this ,act1 the ,comptroller ,general of the ,united ,states may conduct investigations of the use of funds received under this ,act by any recipient4 7#b7 ,prohibition ,in conducting any investigation under this ,act1 the ,secretary or the ,comptroller ,general of the ,united ,states may not request the compilation of any information that the recipient is not otherwise required to compile and that is not readily available to such recipient4 7#c7 ,audits 7,a7 ,in general ,in carrying out any audit under this ,act 7other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct71 either directly or through grant or contract1 the ,secretary1 the ,inspector ,general of the ,department of ,labor1 or the ,comptroller ,general of the ,united ,states shall furnish to the ,state1 recipient1 or other entity to be audited1 advance notification of the overall objectives and purposes of the audit1 and any extensive recordkeeping or data requirements to be met1 not later than #ad days 7or as soon as practicable7 prior to the commencement of the audit4 7,b7 ,notification requirement ,if the scope1 objectives1 or purposes of the audit change substantially during the course of the audit1 the entity being audited shall be notified of the change as soon as practicable4 7,c7 ,additional requirement ,the reports on the results of such audits shall cite the law1 regulation1 policy1 or other criteria applicable to any finding contained in the reports4 7,d7 ,rule of construction ,nothing contained in this ,act shall be construed so as to be inconsistent with the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 or government auditing standards issued by the ,comptroller ,general of the ,united ,states4 7c7 ,accessibility of reports ,each ,state1 local board1 and other direct recipient receiving funds under this ,act-- 7#a7 shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the ,secretary2 7#b7 shall prescribe and maintain comparable management information systems1 in accordance with guidelines that shall be prescribed by the ,secretary1 designed to facilitate the uniform compilation1 crosstabulation1 and analysis of programmatic1 participant1 and financial data1 on statewide1 local area1 and other appropriate bases1 necessary for reporting1 monitoring1 and evaluating purposes2 and 7#c7 shall monitor the performance of providers in complying with the terms of grants1 contracts1 or other agreements made pursuant to this ,act4 7d7 ,information ,to be included in reports 7#a7 ,in general ,the reports required under subsection 7c7 shall include information regarding programs carried out under this ,act pertaining to-- 7,a7 the relevant demographic characteristics 7including race1 ethnicity1 sex1 and age7 and other related information regarding participants2 7,b7 the worker training services and activities in which participants are enrolled through the program1 and the length of time that participants are engaged in such services and activities2 7,c7 outcomes of the programs and workforce training services and activities for participants1 including the occupations of participants1 and placement for participants in nontraditional employment2 and 7,d7 specified costs of the programs and the workforce training services and activities carried out under the program4 7#b7 ,additional requirement ,the ,secretary shall ensure that all elements of the information required for the reports described in paragraph 7#a7 are defined and reported uniformly4 7e7 ,quarterly financial reports 7#a7 ,maintenance of additional records ,each ,state and local board1 and each other direct recipient1 shall maintain records with respect to worker training services and activities carried out under this ,act that identify-- 7,a7 any income or profits earned1 including such income or profits earned by subrecipients2 and 7,b7 any costs incurred 7such as stand-in costs7 that are otherwise allowable except for funding limitations4 7#b7 ,state and local boards 7,a7 ,in general ,each local board in a ,state shall submit quarterly financial reports to the ,governor with respect to the programs of worker training services and activities4 ,such reports shall include information identifying all workforce training service or activity costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation involved4 7,b7 ,additional requirement ,each ,state shall submit to the ,secretary1 on a quarterly basis1 a summary of the reports submitted to the ,governor pursuant to paragraph 7#a74 7#c7 ,other entities ,each other direct recipient shall submit to the ,secretary1 on a quarterly basis1 a report containing the information required under this subsection4 7f7 ,cost categories ,in requiring entities to maintain records of costs by category under this ,act1 the ,secretary shall require only that the costs be categorized as administrative or programmatic costs4 #dje4 ,requirements and restrictions 7a7 ,benefits 7#a7 ,wages 7,a7 ,in general ,individuals in on-the-job training or individuals employed in worker training services and activities under this ,act shall be compensated at the same rates1 including periodic increases1 as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills1 and such rates shall be in accordance with applicable law1 but in no event less than the higher of the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the applicable ,state or local minimum wage law4 7,b7 ,rule of construction ,the reference in subparagraph 7,a7 to section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 shall not be applicable for individuals in other territorial jurisdictions in which section #f7;a77#a7 does not apply4 7#b7 ,treatment of allowances1 earnings1 and payments ,allowances1 earnings1 and payments to individuals participating in worker training services and activities under this ,act shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any ,federal or federally assisted program based on need1 other than as provided under the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq474 7b7 ,labor standards 7#a7 ,limitations on activities that impact wages of employees ,no funds provided under this ,act shall be used to pay the wages of incumbent employees during their participation in economic development activities provided through a program providing worker training services and activities4 7#b7 ,displacement 7,a7 ,prohibition ,a participant in a worker training service or activity authorized under this ,act 7referred to in this section as a specified activity7 shall not displace 7including a partial displacement1 such as a reduction in the hours of nonovertime work1 wages1 or employment benefits7 any currently employed employee 7as of the date of the participation74 7,b7 ,prohibition on impairment of contracts ,a specified activity shall not impair an existing contract for services or collective bargaining agreement1 and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned4 7#c7 ,other prohibitions ,a participant in a specified activity shall not be employed in a job if-- 7,a7 any other individual is on layoff from the same or any substantially equivalent job2 7,b7 the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created with the participant2 or 7,c7 the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals 7as of the date of the participation74 7#d7 ,health and safety ,health and safety standards established under ,federal and ,state law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of participants engaged in specified activities4 ,to the extent that a ,state workers' compensation law applies1 workers' compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the ,state in similar employment4 7#e7 ,employment conditions ,individuals in on-the-job training1 or individuals employed through worker training services and activities1 under this ,act1 shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work4 7#f7 ,opportunity to submit comments ,interested members of the public1 including representatives of businesses and of labor organizations1 shall be provided an opportunity to submit comments to the ,secretary with respect to programs and activities proposed to be funded under title ,,iii4 7#g7 ,no impact on union organizing ,each recipient of funds under this ,act shall provide to the ,secretary assurances that none of such funds will be used to assist1 promote1 or deter union organizing4 7c7 ,grievance procedure 7#a7 ,in general ,each recipient of funds under this ,act shall establish and maintain a procedure for grievances or complaints alleging violations of the requirements of this ,act from participants and other interested or affected parties4 ,such procedure shall include an opportunity for a hearing and be completed within #fj days after the filing of the grievance or complaint4 7#b7 ,investigation 7,a7 ,in general ,the ,secretary shall investigate an allegation of a violation described in paragraph 7#a7 if-- 7i7 a decision relating to such violation has not been reached within #fj days after the date of the filing of the grievance or complaint and either party appeals to the ,secretary2 or 7ii7 a decision relating to such violation has been reached within such #fj days and the party to which such decision is adverse appeals such decision to the ,secretary4 7,b7 ,additional requirement ,the ,secretary shall make a final determination relating to an appeal made under subparagraph 7,a7 not later than #abj days after receiving such appeal4 7#c7 ,remedies ,remedies that may be imposed under this section for a violation of any requirement of this ,act shall be limited-- 7,a7 to suspension or termination of payments under this ,act2 7,b7 to prohibition of placement of a participant with an employer that has violated any requirement under this ,act2 7,c7 where applicable1 to reinstatement of an employee1 payment of lost wages and benefits1 and reestablishment of other relevant terms1 conditions1 and privileges of employment2 and 7,d7 where appropriate1 to other equitable relief4 7#d7 ,rule of construction ,nothing in paragraph 7#c7 shall be construed to prohibit a grievant or complainant from pursuing a remedy authorized under another ,federal1 ,state1 or local law for a violation of this ,act4 7d7 ,relocation 7#a7 ,prohibition on use of funds to encourage or induce relocation ,no funds provided under this ,act shall be used1 or proposed for use1 to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the ,united ,states4 7#b7 ,prohibition on use of funds for customized or skill training and related activities after relocation ,no funds provided under this ,act for a worker training service or activity shall be used for customized or skill training1 on-the-job training1 or company-specific assessments of job applicants or employees1 for any business or part of a business that has relocated1 until the date that is #abj days after the date on which such business commences operations at the new location1 if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the ,united ,states4 7#c7 ,repayment ,if the ,secretary determines that a violation of paragraph 7#a7 or 7#b7 has occurred1 the ,secretary shall require the ,state that has violated such paragraph to repay to the ,united ,states an amount equal to the amount expended in violation of such paragraph4 7e7 ,limitation on use of funds ,no funds available under this ,act shall be used for employment generating activities1 economic development activities1 investment in revolving loan funds1 capitalization of businesses1 investment in contract bidding resource centers1 and similar activities that are not directly related to training for eligible individuals under this ,act4 ,no funds available under this ,act shall be used for foreign travel4 7f7 ,testing and sanctioning for use of controlled substances 7#a7 ,in general ,notwithstanding any other provision of law1 a recipient of funds under this ,act shall not be prohibited by the ,federal ,government from-- 7,a7 testing participants in worker training services and activities for the use of controlled substances2 and 7,b7 sanctioning such participants who test positive for the use of such controlled substances4 7#b7 ,additional requirements 7,a7 ,period of sanction ,in sanctioning participants in worker training services and activities under this ,act who test positive for the use of controlled substances-- 7i7 with respect to the first occurrence for which a participant tests positive1 the recipient of funds under this ,act may exclude the participant from the service or activity for a period not to exceed #f months2 and 7ii7 with respect to the second occurrence and each subsequent occurrence for which a participant tests positive1 the recipient may exclude the participant from the service or activity for a period not to exceed #b years4 7,b7 ,appeal ,the testing of participants and the imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process procedures established by the ,state or1 in the case of other direct recipients1 in accordance with regulations established by the ,secretary4 7,c7 ,privacy ,a recipient of funds under this ,act shall establish procedures for testing participants for the use of controlled substances that ensure a maximum degree of privacy for the participants4 7#c7 ,funding requirement for ,states ,in the testing and sanctioning of participants in worker training services and activities for the use of controlled substances in accordance with this subsection1 the only ,federal funds that a ,state may use are the amounts made available for the administration of statewide worker training services and activities under sections #cac7;c71 #ccc7;c71 and #cgc7;d71 as applicable based on the worker training service or activity4 #djf4 ,monitoring 7a7 ,in general ,the ,secretary is authorized to monitor all recipients of funds under this ,act to determine whether the recipients are complying with the provisions of this ,act1 including the regulations issued under this ,act4 7b7 ,investigations ,the ,secretary may investigate any matter the ,secretary determines to be necessary to determine the compliance of the recipients with this ,act1 including the regulations issued under this ,act4 ,the investigations authorized by this subsection may include examining records 7including making certified copies of the records71 questioning employees1 and entering any premises or onto any site in which any part of a worker training service or activity of such a recipient is conducted or in which any of the records of the recipient are kept4 7c7 ,additional requirement ,for the purpose of any investigation or hearing conducted under this ,act by the ,secretary1 the provisions of section #di of title #ae1 ,united ,states ,code 7relating to the attendance of witnesses and the production of documents71 apply to the ,secretary1 in the same manner and to the same extent as the provisions apply to the ,federal ,trade ,commission4 #djg4 ,judicial review 7a7 ,review 7#a7 ,petition ,with respect to any final order by the ,secretary under section #djc7;f7 by which the ,secretary awards1 declines to award1 or only conditionally awards1 financial assistance under this ,act1 any party to a proceeding which resulted in such final order may obtain review of such final order in the ,united ,states ,court of ,appeals having jurisdiction over the applicant or recipient of funds involved1 by filing a review petition within #cj days after the date of issuance of such final order4 7#b7 ,action on petition ,the clerk of the court shall transmit a copy of the review petition to the ,secretary who shall file the record on which the final order was entered as provided in section #baab of title #bh1 ,united ,states ,code4 ,the filing of a review petition shall not stay the order of the ,secretary1 unless the court orders a stay4 ,petitions filed under this subsection shall be heard expeditiously1 if possible within #aj days after the date of filing of a reply to the petition4 7#c7 ,standard and scope of review ,no objection to the order of the ,secretary shall be considered by the court unless the objection was specifically urged1 in a timely manner1 before the ,secretary4 ,the review shall be limited to questions of law and the findings of fact of the ,secretary shall be conclusive if supported by substantial evidence4 7b7 ,judgment ,the court shall have jurisdiction to make and enter a decree affirming1 modifying1 or setting aside the order of the ,secretary in whole or in part4 ,the judgment of the court regarding the order shall be final1 subject to certiorari review by the ,supreme ,court as provided in section #abed7a7 of title #bh1 ,united ,states ,code4 #djh4 ,general program requirements ,except as otherwise provided in this ,act1 the following conditions apply to all worker training services and activities offered under this ,act3 7#a7 ,no person or organization may charge an individual a fee for the placement or referral of the individual in or to a worker training service or activity supported under this ,act4 7#b7 ,the ,secretary shall not provide financial assistance for any worker training service or activity supported under this ,act that involves political activities4 7#c7 7,a7 ,income under any such service or activity administered by a public or private nonprofit entity may be retained by such entity only if such income is used to continue to carry out the service or activity4 7,b7 ,income subject to the requirements of subparagraph 7,a7 shall include-- 7i7 receipts from goods or services 7including conferences7 provided as a result of activities funded under this ,act2 7ii7 funds provided to a service provider under this ,act that are in excess of the costs associated with the services provided2 and 7iii7 interest income earned on funds received under this ,act4 7,c7 ,for purposes of this paragraph1 each entity receiving financial assistance under this ,act shall maintain records sufficient to determine the amount of such income received and the purposes for which such income is expend4 #dji4 ,organization 7a7 ,delegation and assignment ,except where otherwise expressly prohibited by law or otherwise provided by this ,act1 the ,secretary may delegate any of the functions specified in this ,act to such officers and employees of the ,department of ,labor as the ,secretary may designate1 and may authorize successive redelegations of such functions as may be necessary or appropriate4 ,no delegation of functions by the ,secretary under this section or under any other provision of this ,act shall relieve such ,secretary of responsibility for the administration of such functions4 7b7 ,reorganization ,the ,secretary is authorized to allocate or reallocate any function specified in this ,act among the officers of the ,department of ,labor1 and to establish1 consolidate1 alter1 or discontinue such organizational entities in the ,department of ,labor as may be necessary or appropriate4 #daj4 ,budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,v ,repeals and transition provisions #eja4 ,repealed provisions 7a7 ,workforce ,investment ,act of #aiih ,the following provisions are repealed3 7#a7 ,adult provisions ,the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 other than sections #abc1 #abf1 #abg1 #abh1 #abi1 #aff1 #afi1 and #agc;,a of such ,act 7#bi ,u4,s4,c4 #bhdc1 #bhea1 #bheb1 #bhec1 #bhed1 #biaa1 #biad1 and #biah;a74 7#b7 ,youth provisions ,sections #abc1 #abf1 #abg1 #abh1 #abi1 #afi1 and #agc;,a of such ,act 7#bi ,u4,s4,c4 #bhdc1 #bhea1 #bheb1 #bhec1 #bhed1 #biad1 and #biah;a74 7#c7 ,native ,american provisions ,section #aff of such ,act 7#bi ,u4,s4,c4 #biaa74 7b7 ,remaining repealed provisions ,in addition to the provisions repealed under subsection 7a71 the following provisions are repealed3 7#a7 ,adult provisions 7,a7 ,the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq474 7,b7 ,section #af7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;h774 7,c7 ,the ,women in ,apprenticeship and ,nontraditional ,occupations ,act 7#bi ,u4,s4,c4 #beja et seq474 7,d7 ,section #ajd7k77#f7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#f774 7,e7 ,section #eje of the ,family ,support ,act of #aihh 7#db ,u4,s4,c4 #iibf74 7,f7 ,section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #biaf;a74 7,g7 ,title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq474 7#b7 ,youth provisions 7,a7 ,the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bi ,u4,s4,c4 #bcja et seq474 7,b7 ,title ,i of ,public ,law #ia-cgh 7commonly known as the ,youth ,conservation ,corps ,act of #aigj7 7#af ,u4,s4,c4 #agja et seq474 7#c7 ,disabilities provisions 7,a7 ,part ,a of title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq474 7,b7 ,sections #aaj1 #aaa1 #aab1 #aac1 #aca1 #cjc1 and #cjd of such ,act 7#bi ,u4,s4,c4 #gcj1 #gca1 #gcb1 #gcc1 #gea1 #ggc1 and #ggf74 7,c7 ,title ,,vi of such ,act 7#bi ,u4,s4,c4 #gie;g et seq474 7#d7 ,native ,american provisions 7,a7 ,section #aba of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gda74 7,b7 ,the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq474 7,c7 ,title ,v of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahfa et seq474 7,d7 ,section #dab of the ,social ,security ,act 7#db ,u4,s4,c4 #fab74 #ejb4 ,savings provisions for adult programs 7a7 ,references ,except as otherwise expressly provided1 a reference in this section to a provision of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 sections #f7;d77#d77;,i7 and #af7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77;,i71 #bjbe7;h771 the ,women in ,apprenticeship and ,nontraditional ,occupations ,act 7#bi ,u4,s4,c4 #beja et seq471 section #ajd7k77#f7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#f771 section #eje of the ,family ,support ,act of #aihh 7#db ,u4,s4,c4 #iibf71 section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #biaf;a71 or title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq47 shall be considered to be a reference to such provision as in effect on the day before the effective date of this section4 7b7 ,definitions ,for purposes of this section1 unless otherwise provided or indicated by the context-- 7#a7 the term ,federal agency has the meaning given to the term agency by section #eea7a7 of title #e1 ,united ,states ,code2 7#b7 the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 7#c7 the term new authority means the authority provided under subtitle ,a of title ,,iii of this ,act2 and 7#d7 the term repealed authority means the authority provided under the provisions repealed by subsections 7a77#a7 and 7b77#a7 of section #eja1 and section #f7;d77#d77;,i7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77;,i774 7c7 ,grants2 contracts2 allotments 7#a7 ,in general ,notwithstanding the new authority1 the agreements for the grants1 contracts1 and allotments listed in paragraph 7#b7 that are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified or terminated in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,list ,the grants1 contracts1 and allotments described in paragraph 7#a7 are all grants1 contracts 7including cooperative agreements1 joint agreements1 and reimbursable agreements and purchase of service contracts or vouchers71 and allotments 7including allocations7 under-- 7,a7 the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 other than sections #abc1 #abf1 #abg1 #abh1 #abi1 #aff1 #afi1 and #agc;,a of such ,act 7#bi ,u4,s4,c4 #bhdc1 #bhea1 #bheb1 #bhec1 #bhed1 #biaa1 #biad1 and #biah;a72 7,b7 the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq472 7,c7 sections #f7;d77#d77;,i7 and #af7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77;,i71 #bjbe7;h772 7,d7 the ,women in ,apprenticeship and ,nontraditional ,occupations ,act 7#bi ,u4,s4,c4 #beja et seq472 7,e7 section #ajd7k77#f7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#f771 including any agreements for the funding described in that section2 7,f7 section #eje of the ,family ,support ,act of #aihh 7#db ,u4,s4,c4 #iibf71 including agreements with nonprofit organizations 7including community development corporations7 described in subsection 7a7 of such section2 7,g7 section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #biaf;a72 and 7,h7 title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq471 including the agreements under section #ejb7;e7 of such ,act 7#db ,u4,s4,c4 #cjef7;e774 7#c7 ,incidental savings ,the ,director of the ,office of ,management and ,budget shall make such dispositions of the personnel1 funds1 contracts1 agreements1 and other resources related to the grants1 contracts1 and allotments listed in paragraph 7#b7 as may be necessary to continue the agreements for the grants1 contracts1 and allotments for the duration described in paragraph 7#a74 7d7 ,repayment of funds 7#a7 ,continuing effect of legal documents ,with respect to the repayment of funds received to carry out the repealed authority1 all orders and determinations-- 7,a7 which have been issued1 made1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions carried out under such repealed authority2 and 7,b7 which are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,proceedings not affected ,the provisions of this section shall not affect any proceedings or applications1 in connection with adjudications regarding the repayment of funds received to carry out the repealed authority1 that are pending before the ,department of ,labor1 the ,department of ,education1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 or the ,environmental ,protection ,agency1 as the case may be1 on the effective date of this section1 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this section had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 set aside1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted4 7#c7 ,suits not affected ,the provisions of this section shall not affect suits1 regarding the repayment of funds received to carry out the repealed authority1 that have commenced before the effective date of this section1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding1 regarding the repayment of funds received to carry out the repealed authority1 that is commenced by or against the ,department of ,labor1 the ,department of ,education1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 or the ,environmental ,protection ,agency1 as the case may be1 or by or against any individual in the official capacity of such individual as an officer of any of such ,departments or ,agency1 shall abate by reason of the enactment of this section4 7e7 ,transfers 7#a7 ,records ,except as otherwise provided in this section1 any records in connection with functions to carry out the repealed authority shall be transferred to the ,department of ,labor4 7#b7 ,unexpended balances2 certain other funds ,subject to subsections 7c7 and 7g7 and notwithstanding section #aeca of title #ca1 ,united ,states ,code1 the unexpended balances of appropriations and other funds employed in connection with the repealed authority shall be returned to the general fund of the ,treasury4 7f7 ,severability ,if a provision of this section or its application to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7g7 ,transition ,for such period of time as may reasonably be necessary to facilitate the orderly implementation of this section1 the ,secretary of ,labor is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,department of ,labor1 the ,department of ,education1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 or the ,environmental ,protection ,agency1 as the case may be1 with respect to the new authority2 and 7#b7 funds appropriated to carry out the repealed authority4 7h7 ,references in other laws ,except with respect to the grants1 contracts1 and allotments described in subsection 7c7 and the repayment of funds described in subsection 7d71 a reference in any other ,federal law to the ,secretary of ,labor1 the ,secretary of ,education1 the ,secretary of ,agriculture1 the ,secretary of ,health and ,human ,services1 the ,administrator of the ,environmental ,protection ,agency1 the ,department of ,labor1 the ,department of ,education1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 or the ,environmental ,protection ,agency1 with regard to the repealed authority1 shall be deemed to have no effect4 7i7 ,recommended legislation 7#a7 ,in general ,after consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 the ,secretary of ,labor shall prepare and submit to ,congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section4 7#b7 ,submission to ,congress ,not later than #f months after the effective date of this section1 the ,secretary of ,labor shall submit the recommended legislation referred to in paragraph 7#a74 7j7 ,conforming amendments 7#a7 ,food and ,nutrition ,act of #bjjh ,the ,food and ,nutrition ,act of #bjjh is amended-- 7,a7 in section #e 7#g ,u4,s4,c4 #bjad7-- 7i7 in subsection 7d77#ad71 by striking household under and all that follows through the semicolon at the end and inserting household under section #cag of the ,,career ,act22 7ii7 in subsection 7e77#c77;,b7-- 7,i7 in clause 7i71 by adding 2 and after the semicolon at the end2 7,,ii7 in clause 7ii71 by striking 2 and at the end and inserting a period2 and 7,,iii7 by striking clause 7iii72 7iii7 in subsection 7g77#c71 in the first sentence1 by striking or a pilot project under section #af7;h77#a77;,f72 and 7iv7 by striking subsection 7l7 and inserting the following3 7l7 ,earnings to participants of on-the-,job training programs ,any earnings to an individual participating in on-the-job training under a work program 7as defined in section #f7o77 shall be considered to be earned income for purposes of the supplemental nutrition assistance program1 except for an individual who is a dependent less than #ai years of age4 2 7,b7 in section #af 7#g ,u4,s4,c4 #bjbe71 as amended by section #eja7;b77#a77;,b71 by inserting after subsection 7g7 the following3 7h7 ,funding of worker training services and activities ,of the amounts made available for each fiscal year under section #ah7;a77#a71 the ,secretary shall allocate to ,states for distribution to ,state boards under section #cac7;b7 of the ,,career ,act #ij1jjj1jjj for each fiscal year1 to remain available for the #b-year period beginning on the date of allocation4 2 7,c7 in section #ag 7#g ,u4,s4,c4 #bjbf7-- 7i7 in subsection 7b7-- 7,i7 in paragraph 7#a77;,b77iv77,,iii7-- 7aa7 in item 7dd71 by striking 1 7#d77;,f77i71 or 7#d77,k7 and inserting or 7#d77;,d77i72 and 7bb7 in item 7hh71 by striking 7g71 7h77#a77;,f71 7h77#b71 or 7h77#c7 and inserting or 7g72 and 7,,ii7 in paragraph 7#b71 in the second sentence1 by striking a program carried out under and all that follows through for which employment and inserting a program of worker training services and activities carried out under the ,,career ,act1 for which employment2 and 7ii7 in subsection 7g71 in the first sentence1 by striking established under and inserting described in2 and 7,d7 in section #bb7;d77#a77;,b77ii7 7#g ,u4,s4,c4 #bjca7;d77#a77;,b77ii771 in the matter preceding the proviso1 by striking subsections 7a71 7g71 7h77#b71 and 7h77#c7 and inserting subsections 7a7 and 7g74 7#b7 ,older ,americans ,act of #aife ,the ,older ,americans ,act of #aife is amended-- 7,a7 in section #ajb7de7 7#db ,u4,s4,c4 #cjjb7de771 by striking 1 except that for purposes of title ,v such term means the ,secretary of ,labor2 7,b7 in section #bja7;a7 7#db ,u4,s4,c4 #cjaa7;a771 by striking ,except for title ,v1 the and inserting ,the2 7,c7 in section #bjc7;a7 7#db ,u4,s4,c4 #cjac7;a77-- 7i7 in paragraph 7#a71 in the second sentence1 by striking with the ,secretary of ,labor in carrying out title ,v and2 and 7ii7 in paragraph 7#c77;,a71 by inserting as in effect on the day before the effective date of section #eja of the ,,career ,act after 7as defined in section #eah2 and 7,d7 in section #bab7;a7 7#db ,u4,s4,c4 #cjbj;c7a771 by striking 7other than title ,v74 #ejc4 ,savings provisions for youth programs 7a7 ,references ,except as otherwise expressly provided1 a reference in this section to a provision of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bi ,u4,s4,c4 #bcja et seq471 and title ,i of ,public ,law #ia-cgh 7commonly known as the ,youth ,conservation ,corps ,act of #aigj7 7#af ,u4,s4,c4 #agja et seq47 shall be considered to be a reference to such provision as in effect on the day before the effective date of this section4 7b7 ,definitions ,for purposes of this section1 unless otherwise provided or indicated by the context-- 7#a7 the term ,federal agency has the meaning given to the term agency by section #eea7a7 of title #e1 ,united ,states ,code2 7#b7 the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 7#c7 the term new authority means the authority provided under subtitle ,b of title ,,iii of this ,act2 and 7#d7 the term repealed authority means the authority provided under the provisions repealed by subsections 7a77#b7 and 7b77#b7 of section #eja4 7c7 ,grants2 contracts2 allotments 7#a7 ,savings provisions 7,a7 ,in general ,notwithstanding the new authority1 the agreements for the grants1 contracts1 and allotments listed in subparagraph 7,b7 that are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified or terminated in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7,b7 ,list ,the grants1 contracts1 and allotments described in subparagraph 7,a7 are all grants1 contracts 7including cooperative agreements71 and allotments 7including allocations7 under-- 7i7 the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 other than section #aff of such ,act 7#bi ,u4,s4,c4 #biaa72 and 7ii7 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bi ,u4,s4,c4 #bcja et seq474 7,c7 ,incidental savings ,the ,director of the ,office of ,management and ,budget shall make such dispositions of the personnel1 funds1 contracts1 agreements1 and other resources related to the grants1 contracts1 and allotments listed in subparagraph 7,b7 as may be necessary to continue the agreements for the grants1 contracts1 and allotments for the duration described in subparagraph 7,a74 7#b7 ,termination provisions ,the agreements for all grants and contracts under title ,i of ,public ,law #ia-cgh 7commonly known as the ,youth ,conservation ,corps ,act of #aigj7 7#af ,u4,s4,c4 #agja et seq47 shall terminate on the effective date of this section4 7d7 ,repayment of funds 7#a7 ,continuing effect of legal documents ,with respect to the repayment of funds received to carry out the repealed authority1 all orders and determinations-- 7,a7 which have been issued1 made1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions carried out under such repealed authority2 and 7,b7 which are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,proceedings not affected ,the provisions of this section shall not affect any proceedings or applications1 in connection with adjudications regarding the repayment of funds received to carry out the repealed authority1 that are pending before the ,department of ,labor1 ,education1 ,agriculture1 or the ,interior1 as the case may be1 on the effective date of this section1 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this section had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 set aside1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted4 7#c7 ,suits not affected ,the provisions of this section shall not affect suits1 regarding the repayment of funds received to carry out the repealed authority1 that have commenced before the effective date of this section1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding1 regarding the repayment of funds received to carry out the repealed authority1 that is commenced by or against the ,department of ,labor1 ,education1 ,agriculture1 or the ,interior1 as the case may be1 or by or against any individual in the official capacity of such individual as an officer of any of such ,departments1 shall abate by reason of the enactment of this section4 7e7 ,transfers 7#a7 ,records ,except as otherwise provided in this section1 any records in connection with functions to carry out the repealed authority shall be transferred to the ,department of ,labor4 7#b7 ,unexpended balances2 certain other funds ,subject to subsections 7c77#a7 and 7g7 and notwithstanding section #aeca of title #ca1 ,united ,states ,code1 the unexpended balances of appropriations and other funds employed in connection with the repealed authority shall be returned to the general fund of the ,treasury4 7f7 ,severability ,if a provision of this section or its application to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7g7 ,transition ,for such period of time as may reasonably be necessary to facilitate the orderly implementation of this section1 the ,secretary of ,labor is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,department of ,education1 ,agriculture1 or the ,interior1 as the case may be1 with respect to the new authority2 and 7#b7 funds appropriated to carry out the repealed authority4 7h7 ,references in other laws ,except with respect to the grants1 contracts1 and allotments described in subsection 7c77#a7 and the repayment of funds described in subsection 7d71 a reference in any other ,federal law to the ,secretary of ,education1 the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 or the ,department of ,education1 ,labor1 ,agriculture1 or the ,interior1 with regard to the repealed authority1 shall be deemed to have no effect4 7i7 ,recommended legislation 7#a7 ,in general ,after consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 the ,secretary of ,labor shall prepare and submit to ,congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section4 7#b7 ,submission to ,congress ,not later than #f months after the effective date of this section1 the ,secretary of ,labor shall submit the recommended legislation referred to in paragraph 7#a74 #ejd4 ,savings provisions for disabilities programs 7a7 ,references ,except as otherwise expressly provided1 a reference in this section to a provision of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 shall be considered to be a reference to such provision as in effect on the day before the effective date of this section4 7b7 ,definitions ,for purposes of this section1 unless otherwise provided or indicated by the context-- 7#a7 the term ,federal agency has the meaning given to the term agency by section #eea7a7 of title #e1 ,united ,states ,code2 7#b7 the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 7#c7 the term new authority means the authority provided under subtitle ,c of title ,,iii of this ,act2 and 7#d7 the term repealed authority means the authority provided under the provisions repealed by section #eja7;b77#c74 7c7 ,grants2 contracts2 allotments 7#a7 ,savings provisions 7,a7 ,in general ,notwithstanding the new authority1 the agreements for the grants1 contracts1 and allotments listed in subparagraph 7,b7 that are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified or terminated in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7,b7 ,list ,the grants1 contracts1 and allotments described in subparagraph 7,a7 are the following3 7i7 ,the allotments under section #aaj of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcj74 7ii7 ,the grants under section #aab of such ,act 7#bi ,u4,s4,c4 #gcb71 other than the grant under subsection 7e77#a77;,f7 of such section1 to establish and carry out client assistance programs4 7iii7 ,the grants under section #cjc7;a7 of such ,act 7#bi ,u4,s4,c4 #ggc7;a77 to ,states and public or nonprofit agencies and organizations4 7iv7 ,the grants to1 or contracts with1 eligible entities under section #cjc7;b7 of such ,act 7#bi ,u4,s4,c4 #ggc7;b774 7v7 ,the grants to1 and contracts with1 ,states and public or nonprofit agencies and organizations under section #cjc7;d7 of such ,act 7#bi ,u4,s4,c4 #ggc7;d77 to pay all or part of the cost of training in the use of braille for personnel providing vocational rehabilitation services or educational services to youth and adults who are blind4 7vi7 ,the allotments under section #fjc of such ,act 7#bi ,u4,s4,c4 #gie;h7 to ,states and territories4 7,c7 ,incidental savings ,the ,director of the ,office of ,management and ,budget shall make such dispositions of the personnel1 funds1 contracts1 agreements1 and other resources related to the grants1 contracts1 and allotments listed in subparagraph 7,b7 as may be necessary to continue the agreements for the grants1 contracts1 and allotments for the duration described in subparagraph 7,a74 7#b7 ,termination provisions ,the agreements for grants1 contracts1 and allotments that shall terminate on the effective date of this section are the agreements for the following3 7,a7 ,the grant under section #aab7;e77#a77;,f7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcb7;e77#a77;,f77 for training and technical assistance for the programs established under section #aab of such ,act4 7,b7 ,the grants under section #cjc7;c77#a7 of such ,act 7#bi ,u4,s4,c4 #ggc7;c77#a77 to private nonprofit organizations for the purpose of establishing programs to provide training and information4 7,c7 ,the grants or cooperative agreements under section #cjc7;c77#f7 of such ,act 7#bi ,u4,s4,c4 #ggc7;c77#f77 for establishing1 developing1 and coordinating training and information programs described in subparagraph 7,b74 7,d7 ,all contracts1 agreements1 and allotments that are not necessary to carry out a grant1 contract1 or allotment described in paragraph 7#a77;,b74 7d7 ,repayment of funds 7#a7 ,continuing effect of legal documents ,with respect to the repayment of funds received to carry out the repealed authority1 all orders and determinations-- 7,a7 which have been issued1 made1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions carried out under such repealed authority2 and 7,b7 which are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,proceedings not affected ,the provisions of this section shall not affect any proceedings or applications1 in connection with adjudications regarding the repayment of funds received to carry out the repealed authority1 that are pending before the ,department of ,education on the effective date of this section1 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this section had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 set aside1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted4 7#c7 ,suits not affected ,the provisions of this section shall not affect suits1 regarding the repayment of funds received to carry out the repealed authority1 that have commenced before the effective date of this section1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding1 regarding the repayment of funds received to carry out the repealed authority1 that is commenced by or against the ,department of ,education1 or by or against any individual in the official capacity of such individual as an officer of such ,department1 shall abate by reason of the enactment of this section4 7e7 ,transfers 7#a7 ,records ,except as otherwise provided in this section1 any records in connection with functions described in part ,a of title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 sections #aaj1 #aaa1 #aab1 and #aca of such ,act 7#bi ,u4,s4,c4 #gcj1 #gca1 #gcb1 and #gea71 and title ,,vi of such ,act 7#bi ,u4,s4,c4 #gie;g et seq47 shall be transferred to the ,department of ,labor4 7#b7 ,unexpended balances2 certain other funds ,subject to subsections 7c77#a7 and 7g7 and notwithstanding section #aeca of title #ca1 ,united ,states ,code1 the unexpended balances of appropriations and other funds employed in connection with the repealed authority shall be returned to the general fund of the ,treasury4 7f7 ,severability ,if a provision of this section or its application to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7g7 ,transition ,for such period of time as may reasonably be necessary to facilitate the orderly implementation of this section1 the ,secretary of ,labor is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,department of ,education with respect to the new authority2 and 7#b7 funds appropriated to carry out the repealed authority4 7h7 ,references in other laws ,except with respect to the grants1 contracts1 and allotments described in subsection 7c77#a7 and the repayment of funds described in subsection 7d71 a reference in any other ,federal law to the ,secretary of ,education1 or the ,department of ,education1 with regard to the repealed authority shall be deemed to have no effect4 7i7 ,recommended legislation 7#a7 ,in general ,after consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 the ,secretary of ,labor shall prepare and submit to ,congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section4 7#b7 ,submission to ,congress ,not later than #f months after the effective date of this section1 the ,secretary of ,labor shall submit the recommended legislation referred to in paragraph 7#a74 #eje4 ,savings provisions for programs for ,indians 7including ,alaska ,natives7 and ,native ,hawaiians 7a7 ,references ,except as otherwise expressly provided1 a reference in this section to a provision of section #aff of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biaa71 section #aba of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gda71 the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq471 title ,v of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahfa et seq471 and section #dab of the ,social ,security ,act 7#db ,u4,s4,c4 #fab7 shall be considered to be a reference to such provision as in effect on the day before the effective date of this section4 7b7 ,definitions ,for purposes of this section1 unless otherwise provided or indicated by the context-- 7#a7 the term ,federal agency has the meaning given to the term agency by section #eea7a7 of title #e1 ,united ,states ,code2 7#b7 the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 7#c7 the term new authority means the authority provided under subtitle ,d of title ,,iii of this ,act2 and 7#d7 the term repealed authority means the authority provided under the provisions repealed by subsections 7a77#c7 and 7b77#d7 of section #eja4 7c7 ,grants2 contracts 7#a7 ,in general ,notwithstanding the new authority1 the agreements for the grants and contracts 7including other ,federal funding7 listed in paragraph 7#b7 that are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified or terminated in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,list ,the grants and contracts 7including other ,federal funding7 described in paragraph 7#a7 are all grants and contracts 7including ,federal funding7 under-- 7,a7 section #aff of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biaa72 7,b7 section #aba of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gda72 7,c7 the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq472 7,d7 title ,v of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahfa et seq472 and 7,e7 section #dab of the ,social ,security ,act 7#db ,u4,s4,c4 #fab74 7#c7 ,incidental savings ,the ,director of the ,office of ,management and ,budget shall make such dispositions of the personnel1 funds1 contracts1 agreements1 and other resources related to the grants and contracts 7including other ,federal funding7 listed in paragraph 7#b7 as may be necessary to continue the agreements for the grants and contracts 7including other ,federal funding7 for the duration described in paragraph 7#a74 7d7 ,repayment of funds 7#a7 ,continuing effect of legal documents ,with respect to the repayment of funds received to carry out the repealed authority1 all orders and determinations-- 7,a7 which have been issued1 made1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions carried out under such repealed authority2 and 7,b7 which are in effect on the day before the effective date of this section1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,secretary of ,labor or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,proceedings not affected ,the provisions of this section shall not affect any proceedings or applications1 in connection with adjudications regarding the repayment of funds received to carry out the repealed authority1 that are pending before the ,department of ,labor1 the ,department of ,education1 the ,department of the ,interior1 or the ,department of ,health and ,human ,services on the effective date of this section1 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this section had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 set aside1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted4 7#c7 ,suits not affected ,the provisions of this section shall not affect suits1 regarding the repayment of funds received to carry out the repealed authority1 that have commenced before the effective date of this section1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding1 regarding the repayment of funds received to carry out the repealed authority1 that is commenced by or against the ,department of ,labor1 the ,department of ,education1 the ,department of the ,interior1 or the ,department of ,health and ,human ,services1 or by or against any individual in the official capacity of such individual as an officer of such ,department1 shall abate by reason of the enactment of this section4 7e7 ,transfers 7#a7 ,records ,except as otherwise provided in this section1 any records in connection with functions to carry out the repealed authority shall be transferred to the ,department of ,labor4 7#b7 ,unexpended balances2 certain other funds ,subject to subsections 7c7 and 7g7 and notwithstanding section #aeca of title #ca1 ,united ,states ,code1 the unexpended balances of appropriations and other funds employed in connection with the repealed authority shall be returned to the general fund of the ,treasury4 7f7 ,severability ,if a provision of this section or its application to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7g7 ,transition ,for such period of time as may reasonably be necessary to facilitate the orderly implementation of this section1 the ,secretary of ,labor is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,department of ,labor1 the ,department of ,education1 the ,department of the ,interior1 or the ,department of ,health and ,human ,services with respect to the new authority2 and 7#b7 funds appropriated to carry out the repealed authority4 7h7 ,references in other laws ,except with respect to the grants and contracts 7including other ,federal funding7 described in subsection 7c7 and the repayment of funds described in subsection 7d71 a reference in any other ,federal law to the ,secretary of ,labor1 the ,secretary of ,education1 the ,secretary of the ,interior1 or the ,secretary of ,health and ,human ,services1 or the ,department of ,labor1 the ,department of ,education1 the ,department of the ,interior1 or the ,department of ,health and ,human ,services1 with regard to the repealed authority1 shall be deemed to have no effect4 7i7 ,recommended legislation 7#a7 ,in general ,after consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 the ,secretary of ,labor shall prepare and submit to ,congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section4 7#b7 ,submission to ,congress ,not later than #f months after the effective date of this section1 the ,secretary of ,labor shall submit the recommended legislation referred to in paragraph 7#a74 7j7 ,conforming amendments ,title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 is amended-- 7#a7 in section #djb7;a77#e7 7#db ,u4,s4,c4 #fjb7;a77#e771 by striking and is not eligible for assistance under a tribal family assistance plan approved under section #dab2 7#b7 in section #djc7;a7 7#db ,u4,s4,c4 #fjc71 as amended by section #cbb7;b7-- 7,a7 in paragraph 7#a77;,b71 by striking or #dab7;a77#a72 and 7,b7 in paragraph 7#e7-- 7i7 by striking subparagraph 7,e72 7ii7 by redesignating subparagraphs 7,f7 through 7,j7 as subparagraphs 7,e7 through 7,i71 respectively2 7iii7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking subparagraph 7,h7 and inserting subparagraph 7,g72 7,,ii7 in clause 7ii77,i77ff71 by striking section #djc7;a77#e77,k7 or #ded;,a7f77#e7 and inserting subparagraph 7,i7 or section #ded;,a7f77#e72 and 7,,iii7 in clause 7iv71 by striking subclause 7,i7 and inserting the following3 7,i7 #ge percent of the amount obtained by subtracting1 from the amount specified in subparagraph 7,g7 for the fiscal year1 the total of the amounts reserved pursuant to subparagraphs 7,e7 and 7,f7 for the fiscal year2 and 2 7iv7 in subparagraph 7,b77v7-- 7,i7 in the matter preceding subclause 7,i71 by striking subparagraph 7,h7 and inserting subparagraph 7,g72 and 7,,ii7 by striking subclause 7,i7 and inserting the following3 7,i7 #be percent of the amount obtained by subtracting1 from the amount specified in subparagraph 7,g7 for the fiscal year1 the total of the amounts reserved pursuant to subparagraphs 7,e7 and 7,f7 for the fiscal year2 and 2 7v7 in subparagraph 7,e71 as so redesignated1 by striking subparagraph 7,h7 and inserting subparagraph 7,g72 and 7vi7 in subparagraph 7,f77i71 as so redesignated1 by striking subparagraph 7,h7 and inserting subparagraph 7,g72 7#c7 in subsection #dje 7#db ,u4,s4,c4 #fje7-- 7,a7 by striking subsection 7b72 7,b7 by redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively2 and 7,c7 in subsection 7c71 as so redesignated1 by striking 7c77#b7 and inserting 7b77#b72 7#d7 in section #djf 7#db ,u4,s4,c4 #fjf71 by striking subsection 7c7 and inserting the following3 7c7 ,use of loan ,a ,state shall use a loan made to the ,state under this section only for any purpose for which grant amounts received by the ,state under section #djc7;a7 may be used1 including welfare and anti-fraud activities4 2 7#e7 in section #djg7;b77#d7 7#db ,u4,s4,c4 #fjg7;b77#d771 by striking under a tribal family assistance plan approved under section #dab or2 7#f7 in section #dji7;a77#g77;,b77iii7 7#db ,u4,s4,c4 #fji71 by striking the matter following subclause 7,,ii77bb72 and 7#g7 in section #dac7;j7 7#db ,u4,s4,c4 #fac7;j77-- 7,a7 in paragraph 7#a77;,a71 by striking sections #djc7;a77#e7 and #dab7;a77#c7 and inserting section #djc7;a77#e72 and 7,b7 in paragraph 7#b77;,a71 by striking and #dab7;a77#c74 #ejf4 ,obligation and expenditure limitations 7a7 ,in general 7#a7 ,department of ,education ,the ,secretary of ,education shall not obligate or expend1 during fiscal year #bjaf1 more than-- 7,a7 #g1haa1jjj1 from the appropriations account under the heading program administration under the heading ,departmental ,management of the ,department of ,education1 for activities necessary to administer the ,office of ,career1 ,technical1 and ,adult ,education established under section #bjf of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdaf72 and 7,b7 #ca1egi1ejj1 from the appropriations account under the heading program administration under the heading ,departmental ,management of the ,department of ,education1 for activities necessary to administer the ,office of ,special ,education and ,rehabilitative ,services established under section #bjg of such ,act 7#bj ,u4,s4,c4 #cdag74 7#b7 ,department of ,labor ,the ,secretary of ,labor shall not obligate or expend1 during fiscal year #bjaf1 more than-- 7,a7 #j1 for the administration of worker training services and activities provided under subtitle ,b of title ,,iii of this ,act that are related to career and technical education2 7,b7 #j1 for workforce data quality initiatives related to any objective of this ,act2 7,c7 #ah1dhe1jjj1 for the employment services and national activities described in section #g of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f72 and 7,d7 #j1 for grants under the ,women in ,apprenticeship and ,nontraditional ,occupations ,act 7#bi ,u4,s4,c4 #beja et seq474 7#c7 ,department of the ,interior ,the ,secretary of the ,interior shall not obligate or expend1 during fiscal year #bjaf1 more than #b1fjj1hcg1jjj from the appropriations account under the heading operation of indian programs under the heading ,bureau of ,indian ,affairs and ,bureau of ,indian ,education of the ,department of the ,interior1 for the activities necessary to administer the ,bureau of ,indian ,affairs4 7b7 ,reduction of discretionary spending limits 7#a7 ,in general ,section #bea7;c77#c77;,b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;c77#c77;,b77 is amended by striking #ecj1jjj1jjj1jjj and inserting #ebi1igc1eea1ejj4 7#b7 ,direct spending adjustments ,section #bea;,a7#aj7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija;a7#aj77 is amended-- 7,a7 in the paragraph heading1 by striking for fiscal years #bjad and #bjae2 and 7,b7 by adding at the end the following3 7,c7 ,,omb shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs 7#c7 and 7#d7 without regard to the amendment made to section #bea7;c7 revising the discretionary spending limits for fiscal year #bjaf by the ,,career ,act4 4 #ejg4 ,effective date 7a7 ,in general ,this ,act takes effect on ,october #a1 #bjae1 except as otherwise specified in this ,act4 7b7 ,repeal of the ,workforce ,innovation and ,opportunity ,act 7#a7 ,repeal ,the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 including the amendments and repeals made by that ,act1 is repealed4 7#b7 ,applicability ,each ,act amended or repealed by the ,workforce ,innovation and ,opportunity ,act shall be applied and administered as if the amendments and repeals made by the ,workforce ,innovation and ,opportunity ,act had not been enacted4 7#c7 ,exception for amendments to the ,rehabilitation ,act of #aigc and certain provisions of the ,trade ,act of #aigd ,no reference to an amendment in paragraph 7#a7 or 7#b7 shall be considered to apply to an amendment to the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 or an amendment to chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq474 7#d7 ,effective date ,this subsection takes effect on the earlier of-- 7,a7 ,june #cj1 #bjae 7as if included in an ,act enacted on that date72 and 7,b7 the date of enactment of this ,act4