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pdfPUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1425
Public Law 113–128
113th Congress
An Act
To amend the Workforce Investment Act of 1998 to strengthen the United States
workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States,
and to promote individual and national economic growth, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Workforce
Innovation and Opportunity Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
July 22, 2014
[H.R. 803]
Workforce
Innovation and
Opportunity Act.
29 USC 3101
note.
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A—System Alignment
CHAPTER 1—STATE PROVISIONS
Sec. 101. State workforce development boards.
Sec. 102. Unified State plan.
Sec. 103. Combined State plan.
CHAPTER 2—LOCAL PROVISIONS
Sec. 106. Workforce development areas.
Sec. 107. Local workforce development boards.
Sec. 108. Local plan.
CHAPTER 3—BOARD PROVISIONS
Sec. 111. Funding of State and local boards.
CHAPTER 4—PERFORMANCE ACCOUNTABILITY
Sec. 116. Performance accountability system.
Subtitle B—Workforce Investment Activities and Providers
CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
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Sec.
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126.
127.
128.
129.
CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES
General authorization.
State allotments.
Within State allocations.
Use of funds for youth workforce investment activities.
CHAPTER 3—ADULT
DISLOCATED WORKER EMPLOYMENT
ACTIVITIES
Sec. 131. General authorization.
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128 STAT. 1426
PUBLIC LAW 113–128—JULY 22, 2014
Sec. 132. State allotments.
Sec. 133. Within State allocations.
Sec. 134. Use of funds for employment and training activities.
CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS
Sec. 136. Authorization of appropriations.
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161.
162.
Subtitle C—Job Corps
Purposes.
Definitions.
Establishment.
Individuals eligible for the Job Corps.
Recruitment, screening, selection, and assignment of enrollees.
Enrollment.
Job Corps centers.
Program activities.
Counseling and job placement.
Support.
Operations.
Standards of conduct.
Community participation.
Workforce councils.
Advisory committees.
Experimental projects and technical assistance.
Application of provisions of Federal law.
Special provisions.
Management information.
General provisions.
Job Corps oversight and reporting.
Authorization of appropriations.
Sec.
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166.
167.
168.
169.
170.
171.
172.
Subtitle D—National Programs
Native American programs.
Migrant and seasonal farmworker programs.
Technical assistance.
Evaluations and research.
National dislocated worker grants.
YouthBuild program.
Authorization of appropriations.
Subtitle E—Administration
Requirements and restrictions.
Prompt allocation of funds.
Monitoring.
Fiscal controls; sanctions.
Reports; recordkeeping; investigations.
Administrative adjudication.
Judicial review.
Nondiscrimination.
Secretarial administrative authorities and responsibilities.
Workforce flexibility plans.
State legislative authority.
Transfer of Federal equity in State employment security agency real property to the States.
Sec. 193. Continuation of State activities and policies.
Sec. 194. General program requirements.
Sec. 195. Restrictions on lobbying activities.
Sec.
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181.
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185.
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187.
188.
189.
190.
191.
192.
TITLE II—ADULT EDUCATION AND LITERACY
Short title.
Purpose.
Definitions.
Home schools.
Rule of construction regarding postsecondary transition and concurrent
enrollment activities.
Sec. 206. Authorization of appropriations.
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Sec.
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201.
202.
203.
204.
205.
Subtitle A—Federal Provisions
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
Sec. 212. Performance accountability system.
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128 STAT. 1427
Subtitle B—State Provisions
State administration.
State distribution of funds; matching requirement.
State leadership activities.
State plan.
Programs for corrections education and other institutionalized individuals.
Subtitle C—Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Subtitle D—General Provisions
Sec. 241. Administrative provisions.
Sec. 242. National leadership activities.
Sec. 243. Integrated English literacy and civics education.
Sec.
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301.
302.
303.
304.
305.
306.
307.
308.
TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT
Employment service offices.
Definitions.
Federal and State employment service offices.
Allotment of sums.
Use of sums.
State plan.
Performance measures.
Workforce and labor market information system.
TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec.
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401.
402.
403.
404.
405.
406.
407.
408.
409.
Subtitle A—Introductory Provisions
References.
Findings, purpose, policy.
Rehabilitation Services Administration.
Definitions.
Administration of the Act.
Reports.
Evaluation and information.
Carryover.
Traditionally underserved populations.
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Subtitle B—Vocational Rehabilitation Services
Declaration of policy; authorization of appropriations.
State plans.
Eligibility and individualized plan for employment.
Vocational rehabilitation services.
State Rehabilitation Council.
Evaluation standards and performance indicators.
Monitoring and review.
Training and services for employers.
State allotments.
Payments to States.
Client assistance program.
Pre-employment transition services.
American Indian vocational rehabilitation services.
Vocational rehabilitation services client information.
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Subtitle C—Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation
Research.
Sec. 434. Interagency committee.
Sec. 435. Research and other covered activities.
Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory
Council.
Sec. 437. Definition of covered school.
Subtitle D—Professional Development and Special Projects and Demonstration
Sec. 441. Purpose; training.
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128 STAT. 1428
PUBLIC LAW 113–128—JULY 22, 2014
Sec. 442. Demonstration, training, and technical assistance programs.
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
Subtitle E—National Council on Disability
Sec. 451. Establishment.
Sec. 452. Report.
Sec. 453. Authorization of appropriations.
Subtitle F—Rights and Advocacy
Sec. 456. Interagency Committee, Board, and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Limitations on use of subminimum wage.
Subtitle G—Employment Opportunities for Individuals With Disabilities
Sec. 461. Employment opportunities for individuals with disabilities.
Subtitle H—Independent Living Services and Centers for Independent Living
CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT DISABILITIES
Sec.
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SUBCHAPTER A—GENERAL PROVISIONS
471. Purpose.
472. Administration of the independent living program.
473. Definitions.
474. State plan.
475. Statewide Independent Living Council.
475A. Responsibilities of the Administrator.
SUBCHAPTER B—INDEPENDENT LIVING SERVICES
Sec. 476. Administration.
Sec.
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481.
482.
483.
484.
SUBCHAPTER C—CENTERS FOR
Program authorization.
Centers.
Standards and assurances.
Authorization of appropriations.
INDEPENDENT LIVING
CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
Sec. 486. Independent living services for older individuals who are blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are blind authorization of appropriations.
Subtitle I—General Provisions
Sec. 491. Transfer of functions regarding independent living to Department of
Health and Human Services, and savings provisions.
Sec. 492. Table of contents.
TITLE V—GENERAL PROVISIONS
Subtitle A—Workforce Investment
Privacy.
Buy-American requirements.
Transition provisions.
Reduction of reporting burdens and requirements.
Report on data capability of Federal and State databases and data exchange agreements.
Sec. 506. Effective dates.
Sec.
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501.
502.
503.
504.
505.
Subtitle B—Amendments to Other Laws
Sec. 511. Repeal of the Workforce Investment Act of 1998.
Sec. 512. Conforming amendments.
Sec. 513. References.
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29 USC 3101.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment,
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128 STAT. 1429
access to and opportunities for the employment, education,
training, and support services they need to succeed in the
labor market.
(2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development
system in the United States.
(3) To improve the quality and labor market relevance
of workforce investment, education, and economic development
efforts to provide America’s workers with the skills and credentials necessary to secure and advance in employment with
family-sustaining wages and to provide America’s employers
with the skilled workers the employers need to succeed in
a global economy.
(4) To promote improvement in the structure of and
delivery of services through the United States workforce
development system to better address the employment and
skill needs of workers, jobseekers, and employers.
(5) To increase the prosperity of workers and employers
in the United States, the economic growth of communities,
regions, and States, and the global competitiveness of the
United States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase attainment
of recognized postsecondary credentials by participants, and
as a result, improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the skill
requirements of employers, and enhance the productivity and
competitiveness of the Nation.
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SEC. 3. DEFINITIONS.
29 USC 3102.
In this Act, and the core program provisions that are not
in this Act, except as otherwise expressly provided:
(1) ADMINISTRATIVE COSTS.—The term ‘‘administrative
costs’’ means expenditures incurred by State boards and local
boards, direct recipients (including State grant recipients under
subtitle B of title I and recipients of awards under subtitles
C and D of title I), local grant recipients, local fiscal agents
or local grant subrecipients, and one-stop operators in the
performance of administrative functions and in carrying out
activities under title I that are not related to the direct provision of workforce investment services (including services to
participants and employers). Such costs include both personnel
and nonpersonnel costs and both direct and indirect costs.
(2) ADULT.—Except as otherwise specified in section 132,
the term ‘‘adult’’ means an individual who is age 18 or older.
(3) ADULT EDUCATION; ADULT EDUCATION AND LITERACY
ACTIVITIES.—The terms ‘‘adult education’’ and ‘‘adult education
and literacy activities’’ have the meanings given the terms
in section 203.
(4) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—
The term ‘‘area career and technical education school’’ has
the meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
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128 STAT. 1430
PUBLIC LAW 113–128—JULY 22, 2014
(5) BASIC SKILLS DEFICIENT.—The term ‘‘basic skills deficient’’ means, with respect to an individual—
(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the 8th
grade level on a generally accepted standardized test; or
(B) who is a youth or adult, that the individual is
unable to compute or solve problems, or read, write, or
speak English, at a level necessary to function on the
job, in the individual’s family, or in society.
(6) CAREER AND TECHNICAL EDUCATION.—The term ‘‘career
and technical education’’ has the meaning given the term in
section 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(7) CAREER PATHWAY.—The term ‘‘career pathway’’ means
a combination of rigorous and high-quality education, training,
and other services that—
(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
(B) prepares an individual to be successful in any
of a full range of secondary or postsecondary education
options, including apprenticeships registered under the Act
of August 16, 1937 (commonly known as the ‘‘National
Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.) (referred to individually in this Act as an
‘‘apprenticeship’’, except in section 171);
(C) includes counseling to support an individual in
achieving the individual’s education and career goals;
(D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or
occupational cluster;
(E) organizes education, training, and other services
to meet the particular needs of an individual in a manner
that accelerates the educational and career advancement
of the individual to the extent practicable;
(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a
specific occupation or occupational cluster.
(8) CAREER PLANNING.—The term ‘‘career planning’’ means
the provision of a client-centered approach in the delivery of
services, designed—
(A) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants
to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and
(B) to provide job, education, and career counseling,
as appropriate during program participation and after job
placement.
(9) CHIEF ELECTED OFFICIAL.—The term ‘‘chief elected official’’ means—
(A) the chief elected executive officer of a unit of general local government in a local area; and
(B) in a case in which a local area includes more
than 1 unit of general local government, the individuals
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1431
designated under the agreement described in section
107(c)(1)(B).
(10) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a private nonprofit organization
(which may include a faith-based organization), that is representative of a community or a significant segment of a
community and that has demonstrated expertise and effectiveness in the field of workforce development.
(11) COMPETITIVE INTEGRATED EMPLOYMENT.—The term
‘‘competitive integrated employment’’ has the meaning given
the term in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705), for individuals with disabilities.
(12) CORE PROGRAM.—The term ‘‘core programs’’ means
a program authorized under a core program provision.
(13) CORE PROGRAM PROVISION.—The term ‘‘core program
provision’’ means—
(A) chapters 2 and 3 of subtitle B of title I (relating
to youth workforce investment activities and adult and
dislocated worker employment and training activities);
(B) title II (relating to adult education and literacy
activities);
(C) sections 1 through 13 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) (relating to employment services);
and
(D) title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741) (relating to vocational rehabilitation services).
(14) CUSTOMIZED TRAINING.—The term ‘‘customized
training’’ means training—
(A) that is designed to meet the specific requirements
of an employer (including a group of employers);
(B) that is conducted with a commitment by the
employer to employ an individual upon successful completion of the training; and
(C) for which the employer pays—
(i) a significant portion of the cost of training,
as determined by the local board involved, taking into
account the size of the employer and such other factors
as the local board determines to be appropriate, which
may include the number of employees participating
in training, wage and benefit levels of those employees
(at present and anticipated upon completion of the
training), relation of the training to the competitiveness of a participant, and other employer-provided
training and advancement opportunities; and
(ii) in the case of customized training (as defined
in subparagraphs (A) and (B)) involving an employer
located in multiple local areas in the State, a significant portion of the cost of the training, as determined
by the Governor of the State, taking into account the
size of the employer and such other factors as the
Governor determines to be appropriate.
(15) DISLOCATED WORKER.—The term ‘‘dislocated worker’’
means an individual who—
(A)(i) has been terminated or laid off, or who has
received a notice of termination or layoff, from employment;
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128 STAT. 1432
PUBLIC LAW 113–128—JULY 22, 2014
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop center
referred to in section 121(e), attachment to the workforce,
but is not eligible for unemployment compensation due
to insufficient earnings or having performed services for
an employer that were not covered under a State unemployment compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received
a notice of termination or layoff, from employment as a
result of any permanent closure of, or any substantial
layoff at, a plant, facility, or enterprise;
(ii) is employed at a facility at which the employer
has made a general announcement that such facility will
close within 180 days; or
(iii) for purposes of eligibility to receive services other
than training services described in section 134(c)(3), career
services described in section 134(c)(2)(A)(xii), or supportive
services, is employed at a facility at which the employer
has made a general announcement that such facility will
close;
(C) was self-employed (including employment as a
farmer, a rancher, or a fisherman) but is unemployed as
a result of general economic conditions in the community
in which the individual resides or because of natural disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed Forces
on active duty (as defined in section 101(d)(1) of title 10,
United States Code), and who has experienced a loss of
employment as a direct result of relocation to accommodate
a permanent change in duty station of such member; or
(ii) is the spouse of a member of the Armed Forces
on active duty and who meets the criteria described in
paragraph (16)(B).
(16) DISPLACED HOMEMAKER.—The term ‘‘displaced homemaker’’ means an individual who has been providing unpaid
services to family members in the home and who—
(A)(i) has been dependent on the income of another
family member but is no longer supported by that income;
or
(ii) is the dependent spouse of a member of the Armed
Forces on active duty (as defined in section 101(d)(1) of
title 10, United States Code) and whose family income
is significantly reduced because of a deployment (as defined
in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to
active duty pursuant to a provision of law referred to
in section 101(a)(13)(B) of title 10, United States Code,
a permanent change of station, or the service-connected
(as defined in section 101(16) of title 38, United States
Code) death or disability of the member; and
(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
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128 STAT. 1433
(17) ECONOMIC DEVELOPMENT AGENCY.—The term ‘‘economic development agency’’ includes a local planning or zoning
commission or board, a community development agency, or
another local agency or institution responsible for regulating,
promoting, or assisting in local economic development.
(18) ELIGIBLE YOUTH.—Except as provided in subtitles C
and D of title I, the term ‘‘eligible youth’’ means an in-school
youth or out-of-school youth.
(19) EMPLOYMENT AND TRAINING ACTIVITY.—The term
‘‘employment and training activity’’ means an activity described
in section 134 that is carried out for an adult or dislocated
worker.
(20) ENGLISH LANGUAGE ACQUISITION PROGRAM.—The term
‘‘English language acquisition program’’ has the meaning given
the term in section 203.
(21) ENGLISH LANGUAGE LEARNER.—The term ‘‘English language learner’’ has the meaning given the term in section
203.
(22) GOVERNOR.—The term ‘‘Governor’’ means the chief
executive of a State or an outlying area.
(23) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.—
(A) IN GENERAL.—The term ‘‘in-demand industry sector
or occupation’’ means—
(i) an industry sector that has a substantial current or potential impact (including through jobs that
lead to economic self-sufficiency and opportunities for
advancement) on the State, regional, or local economy,
as appropriate, and that contributes to the growth
or stability of other supporting businesses, or the
growth of other industry sectors; or
(ii) an occupation that currently has or is projected
to have a number of positions (including positions that
lead to economic self-sufficiency and opportunities for
advancement) in an industry sector so as to have a
significant impact on the State, regional, or local
economy, as appropriate.
(B) DETERMINATION.—The determination of whether
an industry sector or occupation is in-demand under this
paragraph shall be made by the State board or local board,
as appropriate, using State and regional business and labor
market projections, including the use of labor market
information.
(24) INDIVIDUAL WITH A BARRIER TO EMPLOYMENT.—The
term ‘‘individual with a barrier to employment’’ means a
member of 1 or more of the following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native Hawaiians,
as such terms are defined in section 166.
(D) Individuals with disabilities, including youth who
are individuals with disabilities.
(E) Older individuals.
(F) Ex-offenders.
(G) Homeless individuals (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e–2(6))), or homeless children and youths (as
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128 STAT. 1434
PUBLIC LAW 113–128—JULY 22, 2014
defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the foster
care system.
(I) Individuals who are English language learners,
individuals who have low levels of literacy, and individuals
facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as
defined in section 167(i).
(K) Individuals within 2 years of exhausting lifetime
eligibility under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved determines to have barriers to employment.
(25) INDIVIDUAL WITH A DISABILITY.—
(A) IN GENERAL.—The term ‘‘individual with a disability’’ means an individual with a disability as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102).
(B) INDIVIDUALS WITH DISABILITIES.—The term
‘‘individuals with disabilities’’ means more than 1 individual with a disability.
(26) INDUSTRY OR SECTOR PARTNERSHIP.—The term
‘‘industry or sector partnership’’ means a workforce collaborative, convened by or acting in partnership with a State board
or local board, that—
(A) organizes key stakeholders in an industry cluster
into a working group that focuses on the shared goals
and human resources needs of the industry cluster and
that includes, at the appropriate stage of development of
the partnership—
(i) representatives of multiple businesses or other
employers in the industry cluster, including small and
medium-sized employers when practicable;
(ii) 1 or more representatives of a recognized State
labor organization or central labor council, or another
labor representative, as appropriate; and
(iii) 1 or more representatives of an institution
of higher education with, or another provider of, education or training programs that support the industry
cluster; and
(B) may include representatives of—
(i) State or local government;
(ii) State or local economic development agencies;
(iii) State boards or local boards, as appropriate;
(iv) a State workforce agency or other entity providing employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-based
organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1435
(xi) other organizations, as determined to be necessary by the members comprising the industry or
sector partnership.
(27) IN-SCHOOL YOUTH.—The term ‘‘in-school youth’’ means
a youth described in section 129(a)(1)(C).
(28) INSTITUTION OF HIGHER EDUCATION.—The term
‘‘institution of higher education’’ has the meaning given the
term in section 101, and subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)).
(29) INTEGRATED EDUCATION AND TRAINING.—The term
‘‘integrated education and training’’ has the meaning given
the term in section 203.
(30) LABOR MARKET AREA.—The term ‘‘labor market area’’
means an economically integrated geographic area within which
individuals can reside and find employment within a reasonable
distance or can readily change employment without changing
their place of residence. Such an area shall be identified in
accordance with criteria used by the Bureau of Labor Statistics
of the Department of Labor in defining such areas or similar
criteria established by a Governor.
(31) LITERACY.—The term ‘‘literacy’’ has the meaning given
the term in section 203.
(32) LOCAL AREA.—The term ‘‘local area’’ means a local
workforce investment area designated under section 106, subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
(33) LOCAL BOARD.—The term ‘‘local board’’ means a local
workforce development board established under section 107,
subject to section 107(c)(4)(B)(i).
(34) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(35) LOCAL PLAN.—The term ‘‘local plan’’ means a plan
submitted under section 108, subject to section 106(c)(3)(B).
(36) LOW-INCOME INDIVIDUAL.—
(A) IN GENERAL.—The term ‘‘low-income individual’’
means an individual who—
(i) receives, or in the past 6 months has received,
or is a member of a family that is receiving or in
the past 6 months has received, assistance through
the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the program of block grants to
States for temporary assistance for needy families program under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.), or the supplemental security income program established under title XVI of
the Social Security Act (42 U.S.C. 1381 et seq.), or
State or local income-based public assistance;
(ii) is in a family with total family income that
does not exceed the higher of—
(I) the poverty line; or
(II) 70 percent of the lower living standard
income level;
(iii) is a homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994
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128 STAT. 1436
PUBLIC LAW 113–128—JULY 22, 2014
(42 U.S.C. 14043e–2(6))), or a homeless child or youth
(as defined under section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)));
(iv) receives or is eligible to receive a free or
reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.);
(v) is a foster child on behalf of whom State or
local government payments are made; or
(vi) is an individual with a disability whose own
income meets the income requirement of clause (ii),
but who is a member of a family whose income does
not meet this requirement.
(B) LOWER LIVING STANDARD INCOME LEVEL.—The term
‘‘lower living standard income level’’ means that income
level (adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living
family budget issued by the Secretary.
(37) NONTRADITIONAL EMPLOYMENT.—The term ‘‘nontraditional employment’’ refers to occupations or fields of work,
for which individuals from the gender involved comprise less
than 25 percent of the individuals employed in each such
occupation or field of work.
(38) OFFENDER.—The term ‘‘offender’’ means an adult or
juvenile—
(A) who is or has been subject to any stage of the
criminal justice process, and for whom services under this
Act may be beneficial; or
(B) who requires assistance in overcoming artificial
barriers to employment resulting from a record of arrest
or conviction.
(39) OLDER INDIVIDUAL.—The term ‘‘older individual’’
means an individual age 55 or older.
(40) ONE-STOP CENTER.—The term ‘‘one-stop center’’ means
a site described in section 121(e)(2).
(41) ONE-STOP OPERATOR.—The term ‘‘one-stop operator’’
means 1 or more entities designated or certified under section
121(d).
(42) ONE-STOP PARTNER.—The term ‘‘one-stop partner’’
means—
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that is
participating, with the approval of the local board and
chief elected official, in the operation of a one-stop delivery
system.
(43) ONE-STOP PARTNER PROGRAM.—The term ‘‘one-stop
partner program’’ means a program or activities described in
section 121(b) of a one-stop partner.
(44) ON-THE-JOB TRAINING.—The term ‘‘on-the-job training’’
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that—
(A) provides knowledge or skills essential to the full
and adequate performance of the job;
(B) is made available through a program that provides
reimbursement to the employer of up to 50 percent of
the wage rate of the participant, except as provided in
section 134(c)(3)(H), for the extraordinary costs of providing
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1437
the training and additional supervision related to the
training; and
(C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into
account the content of the training, the prior work experience of the participant, and the service strategy of the
participant, as appropriate.
(45) OUTLYING AREA.—The term ‘‘outlying area’’ means—
(A) American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, and the United States
Virgin Islands; and
(B) the Republic of Palau, except during any period
for which the Secretary of Labor and the Secretary of
Education determine that a Compact of Free Association
is in effect and contains provisions for training and education assistance prohibiting the assistance provided under
this Act.
(46) OUT-OF-SCHOOL YOUTH.—The term ‘‘out-of-school
youth’’ means a youth described in section 129(a)(1)(B).
(47) PAY-FOR-PERFORMANCE CONTRACT STRATEGY.—The
term ‘‘pay-for-performance contract strategy’’ means a procurement strategy that uses pay-for-performance contracts in the
provision of training services described in section 134(c)(3) or
activities described in section 129(c)(2), and includes—
(A) contracts, each of which shall specify a fixed
amount that will be paid to an eligible service provider
(which may include a local or national community-based
organization or intermediary, community college, or other
training provider, that is eligible under section 122 or
123, as appropriate) based on the achievement of specified
levels of performance on the primary indicators of performance described in section 116(b)(2)(A) for target populations
as identified by the local board (including individuals with
barriers to employment), within a defined timetable, and
which may provide for bonus payments to such service
provider to expand capacity to provide effective training;
(B) a strategy for independently validating the achievement of the performance described in subparagraph (A);
and
(C) a description of how the State or local area will
reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A)
did not occur, for further activities related to such a
procurement strategy, subject to section 189(g)(4).
(48) PLANNING REGION.—The term ‘‘planning region’’ means
a region described in subparagraph (B) or (C) of section
106(a)(2), subject to section 107(c)(4)(B)(i).
(49) POVERTY LINE.—The term ‘‘poverty line’’ means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(50) PUBLIC ASSISTANCE.—The term ‘‘public assistance’’
means Federal, State, or local government cash payments for
which eligibility is determined by a needs or income test.
(51) RAPID RESPONSE ACTIVITY.—The term ‘‘rapid response
activity’’ means an activity provided by a State, or by an entity
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128 STAT. 1438
PUBLIC LAW 113–128—JULY 22, 2014
designated by a State, with funds provided by the State under
section 134(a)(1)(A), in the case of a permanent closure or
mass layoff at a plant, facility, or enterprise, or a natural
or other disaster, that results in mass job dislocation, in order
to assist dislocated workers in obtaining reemployment as soon
as possible, with services including—
(A) the establishment of onsite contact with employers
and employee representatives—
(i) immediately after the State is notified of a
current or projected permanent closure or mass layoff;
or
(ii) in the case of a disaster, immediately after
the State is made aware of mass job dislocation as
a result of such disaster;
(B) the provision of information on and access to available employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to
the particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community
in developing a coordinated response and in obtaining
access to State economic development assistance.
(52) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term
‘‘recognized postsecondary credential’’ means a credential consisting of an industry-recognized certificate or certification, a
certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an
associate or baccalaureate degree.
(53) REGION.—The term ‘‘region’’, used without further
description, means a region identified under section 106(a),
subject to section 107(c)(4)(B)(i) and except as provided in section 106(b)(1)(B)(ii).
(54) SCHOOL DROPOUT.—The term ‘‘school dropout’’ means
an individual who is no longer attending any school and who
has not received a secondary school diploma or its recognized
equivalent.
(55) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(56) STATE.—The term ‘‘State’’ means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(57) STATE BOARD.—The term ‘‘State board’’ means a State
workforce development board established under section 101.
(58) STATE PLAN.—The term ‘‘State plan’’, used without
further description, means a unified State plan under section
102 or a combined State plan under section 103.
(59) SUPPORTIVE SERVICES.—The term ‘‘supportive services’’
means services such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary
to enable an individual to participate in activities authorized
under this Act.
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1439
(60) TRAINING SERVICES.—The term ‘‘training services’’
means services described in section 134(c)(3).
(61) UNEMPLOYED INDIVIDUAL.—The term ‘‘unemployed
individual’’ means an individual who is without a job and
who wants and is available for work. The determination of
whether an individual is without a job, for purposes of this
paragraph, shall be made in accordance with the criteria used
by the Bureau of Labor Statistics of the Department of Labor
in defining individuals as unemployed.
(62) UNIT OF GENERAL LOCAL GOVERNMENT.—The term
‘‘unit of general local government’’ means any general purpose
political subdivision of a State that has the power to levy
taxes and spend funds, as well as general corporate and police
powers.
(63) VETERAN; RELATED DEFINITION.—
(A) VETERAN.—The term ‘‘veteran’’ has the meaning
given the term in section 101 of title 38, United States
Code.
(B) RECENTLY SEPARATED VETERAN.—The term
‘‘recently separated veteran’’ means any veteran who
applies for participation under this Act within 48 months
after the discharge or release from active military, naval,
or air service.
(64) VOCATIONAL REHABILITATION PROGRAM.—The term
‘‘vocational rehabilitation program’’ means a program authorized under a provision covered under paragraph (13)(D).
(65) WORKFORCE DEVELOPMENT ACTIVITY.—The term
‘‘workforce development activity’’ means an activity carried out
through a workforce development program.
(66) WORKFORCE DEVELOPMENT PROGRAM.—The term
‘‘workforce development program’’ means a program made available through a workforce development system.
(67) WORKFORCE DEVELOPMENT SYSTEM.—The term
‘‘workforce development system’’ means a system that makes
available the core programs, the other one-stop partner programs, and any other programs providing employment and
training services as identified by a State board or local board.
(68) WORKFORCE INVESTMENT ACTIVITY.—The term
‘‘workforce investment activity’’ means an employment and
training activity, and a youth workforce investment activity.
(69) WORKFORCE PREPARATION ACTIVITIES.—The term
‘‘workforce preparation activities’’ has the meaning given the
term in section 203.
(70) WORKPLACE LEARNING ADVISOR.—The term ‘‘workplace
learning advisor’’ means an individual employed by an organization who has the knowledge and skills necessary to advise
other employees of that organization about the education, skill
development, job training, career counseling services, and
credentials, including services provided through the workforce
development system, required to progress toward career goals
of such employees in order to meet employer requirements
related to job openings and career advancements that support
economic self-sufficiency.
(71) YOUTH WORKFORCE INVESTMENT ACTIVITY.—The term
‘‘youth workforce investment activity’’ means an activity
described in section 129 that is carried out for eligible youth
(or as described in section 129(a)(3)(A)).
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PUBLIC LAW 113–128—JULY 22, 2014
TITLE I—WORKFORCE DEVELOPMENT
ACTIVITIES
Subtitle A—System Alignment
CHAPTER 1—STATE PROVISIONS
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29 USC 3111.
SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) IN GENERAL.—The Governor of a State shall establish a
State workforce development board to carry out the functions
described in subsection (d).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The State board shall include—
(A) the Governor;
(B) a member of each chamber of the State legislature
(to the extent consistent with State law), appointed by
the appropriate presiding officers of such chamber; and
(C) members appointed by the Governor, of which—
(i) a majority shall be representatives of businesses
in the State, who—
(I) are owners of businesses, chief executives
or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition,
may be members of a local board described in
section 107(b)(2)(A)(i);
(II) represent businesses (including small
businesses),
or
organizations
representing
businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training
and development in in-demand industry sectors
or occupations in the State; and
(III) are appointed from among individuals
nominated by State business organizations and
business trade associations;
(ii) not less than 20 percent shall be representatives of the workforce within the State, who—
(I) shall include representatives of labor
organizations, who have been nominated by State
labor federations;
(II) shall include a representative, who shall
be a member of a labor organization or a training
director,
from
a
joint
labor-management
apprenticeship program, or if no such joint program exists in the State, such a representative
of an apprenticeship program in the State;
(III) may include representatives of community-based organizations that have demonstrated
experience and expertise in addressing the employment, training, or education needs of individuals
with barriers to employment, including organizations that serve veterans or that provide or support
competitive, integrated employment for individuals
with disabilities; and
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1441
(IV) may include representatives of organizations that have demonstrated experience and
expertise in addressing the employment, training,
or education needs of eligible youth, including representatives of organizations that serve out-ofschool youth; and
(iii) the balance—
(I) shall include representatives of government, who—
(aa) shall include the lead State officials
with primary responsibility for the core programs; and
(bb) shall include chief elected officials
(collectively representing both cities and counties, where appropriate); and
(II) may include such other representatives
and officials as the Governor may designate, such
as—
(aa) the State agency officials from agencies that are one-stop partners not specified
in subclause (I) (including additional one-stop
partners whose programs are covered by the
State plan, if any);
(bb) State agency officials responsible for
economic development or juvenile justice programs in the State;
(cc) individuals who represent an Indian
tribe or tribal organization, as such terms are
defined in section 166(b); and
(dd) State agency officials responsible for
education programs in the State, including
chief executive officers of community colleges
and other institutions of higher education.
(2) DIVERSE AND DISTINCT REPRESENTATION.—The members
of the State board shall represent diverse geographic areas
of the State, including urban, rural, and suburban areas.
(3) NO REPRESENTATION OF MULTIPLE CATEGORIES.—No person shall serve as a member for more than 1 of—
(A) the category described in paragraph (1)(C)(i); or
(B) 1 category described in a subclause of clause (ii)
or (iii) of paragraph (1)(C).
(c) CHAIRPERSON.—The Governor shall select a chairperson for
the State board from among the representatives described in subsection (b)(1)(C)(i).
(d) FUNCTIONS.—The State board shall assist the Governor
in—
(1) the development, implementation, and modification of
the State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on
actions that should be taken by the State to align workforce
development programs in the State in a manner that supports
a comprehensive and streamlined workforce development
system in the State, including the review and provision of
comments on the State plans, if any, for programs and activities
of one-stop partners that are not core programs;
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128 STAT. 1442
PUBLIC LAW 113–128—JULY 22, 2014
(3) the development and continuous improvement of the
workforce development system in the State, including—
(A) the identification of barriers and means for
removing barriers to better coordinate, align, and avoid
duplication among the programs and activities carried out
through the system;
(B) the development of strategies to support the use
of career pathways for the purpose of providing individuals,
including low-skilled adults, youth, and individuals with
barriers to employment (including individuals with disabilities), with workforce investment activities, education, and
supportive services to enter or retain employment;
(C) the development of strategies for providing effective
outreach to and improved access for individuals and
employers who could benefit from services provided through
the workforce development system;
(D) the development and expansion of strategies for
meeting the needs of employers, workers, and jobseekers,
particularly through industry or sector partnerships related
to in-demand industry sectors and occupations;
(E) the identification of regions, including planning
regions, for the purposes of section 106(a), and the designation of local areas under section 106, after consultation
with local boards and chief elected officials;
(F) the development and continuous improvement of
the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, onestop partners, and providers with planning and delivering
services, including training services and supportive services, to support effective delivery of services to workers,
jobseekers, and employers; and
(G) the development of strategies to support staff
training and awareness across programs supported under
the workforce development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on
best practices, including best practices for—
(A) the effective operation of one-stop centers, relating
to the use of business outreach, partnerships, and service
delivery strategies, including strategies for serving individuals with barriers to employment;
(B) the development of effective local boards, which
may include information on factors that contribute to
enabling local boards to exceed negotiated local levels of
performance, sustain fiscal integrity, and achieve other
measures of effectiveness; and
(C) effective training programs that respond to realtime labor market analysis, that effectively use direct
assessment and prior learning assessment to measure an
individual’s prior knowledge, skills, competencies, and
experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement
into employment or career pathways;
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1443
(6) the development and review of statewide policies
affecting the coordinated provision of services through the
State’s one-stop delivery system described in section 121(e),
including the development of—
(A) objective criteria and procedures for use by local
boards in assessing the effectiveness and continuous
improvement of one-stop centers described in such section;
(B) guidance for the allocation of one-stop center infrastructure funds under section 121(h); and
(C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including
approaches to facilitating equitable and efficient cost allocation in such system;
(7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services
and activities provided through the one-stop delivery system,
including such improvements to—
(A) enhance digital literacy skills (as defined in section
202 of the Museum and Library Services Act (20 U.S.C.
9101); referred to in this Act as ‘‘digital literacy skills’’);
(B) accelerate the acquisition of skills and recognized
postsecondary credentials by participants;
(C) strengthen the professional development of providers and workforce professionals; and
(D) ensure such technology is accessible to individuals
with disabilities and individuals residing in remote areas;
(8) the development of strategies for aligning technology
and data systems across one-stop partner programs to enhance
service delivery and improve efficiencies in reporting on
performance accountability measures (including the design and
implementation of common intake, data collection, case
management information, and performance accountability
measurement and reporting processes and the incorporation
of local input into such design and implementation, to improve
coordination of services across one-stop partner programs);
(9) the development of allocation formulas for the distribution of funds for employment and training activities for adults,
and youth workforce investment activities, to local areas as
permitted under sections 128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described in
paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l–2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) ALTERNATIVE ENTITY.—
(1) IN GENERAL.—For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity
(including a State council, State workforce development board
(within the meaning of the Workforce Investment Act of 1998,
as in effect on the day before the date of enactment of this
Act), combination of regional workforce development boards,
or similar entity) that—
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128 STAT. 1444
Public
information.
Plan.
Applicability.
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29 USC 3112.
PUBLIC LAW 113–128—JULY 22, 2014
(A) was in existence on the day before the date of
enactment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board described
in subsections (a) through (c); and
(C) includes representatives of business in the State
and representatives of labor organizations in the State.
(2) REFERENCES.—A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be
considered to include such an entity.
(f) CONFLICT OF INTEREST.—A member of a State board may
not—
(1) vote on a matter under consideration by the State
board—
(A) regarding the provision of services by such member
(or by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State
plan.
(g) SUNSHINE PROVISION.—The State board shall make available to the public, on a regular basis through electronic means
and open meetings, information regarding the activities of the State
board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification
of the plan, respectively, information regarding membership, and,
on request, minutes of formal meetings of the State board.
(h) AUTHORITY TO HIRE STAFF.—
(1) IN GENERAL.—The State board may hire a director
and other staff to assist in carrying out the functions described
in subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
(2) QUALIFICATIONS.—The State board shall establish and
apply a set of objective qualifications for the position of director,
that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks
and to assist in effectively carrying out the functions of the
State board.
(3) LIMITATION ON RATE.—The director and staff described
in paragraph (1) shall be subject to the limitations on the
payment of salary and bonuses described in section 194(15).
SEC. 102. UNIFIED STATE PLAN.
(a) PLAN.—For a State to be eligible to receive allotments
for the core programs, the Governor shall submit to the Secretary
of Labor for the approval process described under subsection (c)(2),
a unified State plan. The unified State plan shall outline a 4year strategy for the core programs of the State and meet the
requirements of this section.
(b) CONTENTS.—
(1) STRATEGIC PLANNING ELEMENTS.—The unified State
plan shall include strategic planning elements consisting of
a strategic vision and goals for preparing an educated and
skilled workforce, that include—
(A) an analysis of the economic conditions in the State,
including—
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128 STAT. 1445
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers, including
a description of the knowledge, skills, and abilities,
needed in those industries and occupations;
(B) an analysis of the current workforce, employment
and unemployment data, labor market trends, and the
educational and skill levels of the workforce, including
individuals with barriers to employment (including individuals with disabilities), in the State;
(C) an analysis of the workforce development activities
(including education and training) in the State, including
an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such
activities, in order to address the identified education and
skill needs of the workforce and the employment needs
of employers in the State;
(D) a description of the State’s strategic vision and
goals for preparing an educated and skilled workforce
(including preparing youth and individuals with barriers
to employment) and for meeting the skilled workforce needs
of employers, including goals relating to performance
accountability measures based on primary indicators of
performance described in section 116(b)(2)(A), in order to
support economic growth and economic self-sufficiency, and
of how the State will assess the overall effectiveness of
the workforce investment system in the State; and
(E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core
programs, as well as other resources available to the State,
to achieve the strategic vision and goals described in
subparagraph (D).
(2) OPERATIONAL PLANNING ELEMENTS.—
(A) IN GENERAL.—The unified State plan shall include
the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), including a description of how the State board
will implement the functions under section 101(d).
(B) IMPLEMENTATION OF STATE STRATEGY.—The unified
State plan shall describe how the lead State agency with
responsibility for the administration of a core program
will implement the strategy described in paragraph (1)(E),
including a description of—
(i) the activities that will be funded by the entities
carrying out the respective core programs to implement
the strategy and how such activities will be aligned
across the programs and among the entities administering the programs, including using co-enrollment
and other strategies;
(ii) how the activities described in clause (i) will
be aligned with activities provided under employment,
training, education, including career and technical education, and human services programs not covered by
the plan, as appropriate, assuring coordination of, and
avoiding duplication among, the activities referred to
in this clause;
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128 STAT. 1446
PUBLIC LAW 113–128—JULY 22, 2014
(iii) how the entities carrying out the respective
core programs will coordinate activities and provide
comprehensive, high-quality services including supportive services, to individuals;
(iv) how the State’s strategy will engage the State’s
community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other
Federal, State, and local investments that have
enhanced access to workforce development programs
at those institutions;
(v) how the activities described in clause (i) will
be coordinated with economic development strategies
and activities in the State; and
(vi) how the State’s strategy will improve access
to activities leading to a recognized postsecondary
credential (including a credential that is an industryrecognized certificate or certification, portable, and
stackable).
(C) STATE OPERATING SYSTEMS AND POLICIES.—The unified State plan shall describe the State operating systems
and policies that will support the implementation of the
strategy described in paragraph (1)(E), including a description of—
(i) the State board, including the activities to assist
members of the State board and the staff of such
board in carrying out the functions of the State board
effectively (but funds for such activities may not be
used for long-distance travel expenses for training or
development activities available locally or regionally);
(ii)(I) how the respective core programs will be
assessed each year, including an assessment of the
quality, effectiveness, and improvement of programs
(analyzed by local area, or by provider), based on State
performance accountability measures described in section 116(b); and
(II) how other one-stop partner programs will be
assessed each year;
(iii) the results of an assessment of the effectiveness of the core programs and other one-stop partner
programs during the preceding 2-year period;
(iv) the methods and factors the State will use
in distributing funds under the core programs, in
accordance with the provisions authorizing such distributions;
(v)(I) how the lead State agencies with responsibility for the administration of the core programs will
align and integrate available workforce and education
data on core programs, unemployment insurance programs, and education through postsecondary education;
(II) how such agencies will use the workforce
development system to assess the progress of participants that are exiting from core programs in entering,
persisting in, and completing postsecondary education,
or entering or remaining in employment; and
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1447
(III) the privacy safeguards incorporated in such
system, including safeguards required by section 444
of the General Education Provisions Act (20 U.S.C.
1232g) and other applicable Federal laws;
(vi) how the State will implement the priority of
service provisions for veterans in accordance with the
requirements of section 4215 of title 38, United States
Code;
(vii) how the one-stop delivery system, including
one-stop operators and the one-stop partners, will
comply with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), regarding the physical
and programmatic accessibility of facilities, programs,
services, technology, and materials, for individuals
with disabilities, including complying through providing staff training and support for addressing the
needs of individuals with disabilities; and
(viii) such other operational planning elements as
the Secretary of Labor or the Secretary of Education,
as appropriate, determines to be necessary for effective
State operating systems and policies.
(D) PROGRAM-SPECIFIC REQUIREMENTS.—The unified
State plan shall include—
(i) with respect to activities carried out under subtitle B, a description of—
(I) State policies or guidance, for the statewide
workforce development system and for use of State
funds for workforce investment activities;
(II) the local areas designated in the State,
including the process used for designating local
areas, and the process used for identifying any
planning regions under section 106(a), including
a description of how the State consulted with the
local boards and chief elected officials in determining the planning regions;
(III) the appeals process referred to in section
106(b)(5), relating to designation of local areas;
(IV) the appeals process referred to in section
121(h)(2)(E), relating to determinations for infrastructure funding; and
(V) with respect to youth workforce investment
activities authorized in section 129, information
identifying the criteria to be used by local boards
in awarding grants for youth workforce investment
activities and describing how the local boards will
take into consideration the ability of the providers
to meet performance accountability measures
based on primary indicators of performance for
the youth program as described in section
116(b)(2)(A)(ii) in awarding such grants;
(ii) with respect to activities carried out under
title II, a description of—
(I) how the eligible agency will, if applicable,
align content standards for adult education with
State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the
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128 STAT. 1448
PUBLIC LAW 113–128—JULY 22, 2014
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1));
(II) how the State will fund local activities
using considerations specified in section 231(e)
for—
(aa) activities under section 231(b);
(bb) programs for corrections education
under section 225;
(cc) programs for integrated English literacy and civics education under section 243;
and
(dd) integrated education and training;
(III) how the State will use the funds to carry
out activities under section 223;
(IV) how the State will use the funds to carry
out activities under section 243;
(V) how the eligible agency will assess the
quality of providers of adult education and literacy
activities under title II and take actions to improve
such quality, including providing the activities
described in section 223(a)(1)(B);
(iii) with respect to programs carried out under
title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741), the information described
in section 101(a) of that Act (29 U.S.C. 721(a)); and
(iv) information on such additional specific requirements for a program referenced in any of clauses (i)
through (iii) or the Wagner-Peyser Act (29 U.S.C. 49
et seq.) as the Secretary of Labor determines to be
necessary to administer that program but cannot
reasonably be applied across all such programs.
(E) ASSURANCES.—The unified State plan shall include
assurances—
(i) that the State has established a policy identifying circumstances that may present a conflict of
interest for a State board or local board member, or
the entity or class of officials that the member represents, and procedures to resolve such conflicts;
(ii) that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local
boards, and information regarding activities of State
boards and local boards, such as data on board membership and minutes;
(iii)(I) that the lead State agencies with responsibility for the administration of core programs reviewed
and commented on the appropriate operational planning elements of the unified State plan, and approved
the elements as serving the needs of the populations
served by such programs; and
(II) that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives
of local boards and chief elected officials, businesses,
labor organizations, institutions of higher education,
other primary stakeholders, and the general public
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1449
and that the unified State plan is available and accessible to the general public;
(iv) that the State has established, in accordance
with section 116(i), fiscal control and fund accounting
procedures that may be necessary to ensure the proper
disbursement of, and accounting for, funds paid to
the State through allotments made for adult, dislocated
worker, and youth programs to carry out workforce
investment activities under chapters 2 and 3 of subtitle
B;
(v) that the State has taken appropriate action
to secure compliance with uniform administrative
requirements in this Act, including that the State will
annually monitor local areas to ensure compliance and
otherwise take appropriate action to secure compliance
with the uniform administrative requirements under
section 184(a)(3);
(vi) that the State has taken the appropriate action
to be in compliance with section 188, if applicable;
(vii) that the Federal funds received to carry out
a core program will not be expended for any purpose
other than for activities authorized with respect to
such funds under that core program;
(viii) that the eligible agency under title II will—
(I) expend the funds appropriated to carry out
that title only in a manner consistent with fiscal
requirements under section 241(a) (regarding
supplement and not supplant provisions); and
(II) ensure that there is at least 1 eligible
provider serving each local area;
(ix) that the State will pay an appropriate share
(as defined by the State board) of the costs of carrying
out section 116, from funds made available through
each of the core programs; and
(x) regarding such other matters as the Secretary
of Labor or the Secretary of Education, as appropriate,
determines to be necessary for the administration of
the core programs.
(3) EXISTING ANALYSIS.—As appropriate, a State may use
an existing analysis in order to carry out the requirements
of paragraph (1) concerning an analysis.
(c) PLAN SUBMISSION AND APPROVAL.—
(1) SUBMISSION.—
(A) INITIAL PLAN.—The initial unified State plan under
this section (after the date of enactment of the Workforce
Innovation and Opportunity Act) shall be submitted to
the Secretary of Labor not later than 120 days prior to
the commencement of the second full program year after
the date of enactment of this Act.
(B) SUBSEQUENT PLANS.—Except as provided in
subparagraph (A), a unified State plan shall be submitted
to the Secretary of Labor not later than 120 days prior
to the end of the 4-year period covered by the preceding
unified State plan.
(2) SUBMISSION AND APPROVAL.—
(A) SUBMISSION.—In approving a unified State plan
under this section, the Secretary shall submit the portion
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Procedures.
Deadlines.
Time period.
PUBL128
128 STAT. 1450
of the unified State plan covering a program or activity
to the head of the Federal agency that administers the
program or activity for the approval of such portion by
such head.
(B) APPROVAL.—A unified State plan shall be subject
to the approval of both the Secretary of Labor and the
Secretary of Education, after approval of the Commissioner
of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The
plan shall be considered to be approved at the end of
the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary
of Education makes a written determination, during the
90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core
programs, as appropriate.
(3) MODIFICATIONS.—
(A) MODIFICATIONS.—At the end of the first 2-year
period of any 4-year unified State plan, the State board
shall review the unified State plan, and the Governor shall
submit modifications to the plan to reflect changes in labor
market and economic conditions or in other factors affecting
the implementation of the unified State plan.
(B) APPROVAL.—A modified unified State plan submitted for the review required under subparagraph (A)
shall be subject to the approval requirements described
in paragraph (2). A Governor may submit a modified unified
State plan at such other times as the Governor determines
to be appropriate, and such modified unified State plan
shall also be subject to the approval requirements described
in paragraph (2).
(4) EARLY IMPLEMENTERS.—The Secretary of Labor, in
conjunction with the Secretary of Education, shall establish
a process for approving and may approve unified State plans
that meet the requirements of this section and are submitted
to cover periods commencing prior to the second full program
year described in paragraph (1)(A).
Time period.
Determination.
Time period.
Review.
Time period.
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29 USC 3113.
PUBLIC LAW 113–128—JULY 22, 2014
SEC. 103. COMBINED STATE PLAN.
(a) IN GENERAL.—
(1) AUTHORITY TO SUBMIT PLAN.—A State may develop and
submit to the appropriate Secretaries a combined State plan
for the core programs and 1 or more of the programs and
activities described in paragraph (2) in lieu of submitting 2
or more plans, for the programs and activities and the core
programs.
(2) PROGRAMS.—The programs and activities referred to
in paragraph (1) are as follows:
(A) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
(B) Programs authorized under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(D) Work programs authorized under section 6(o) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1451
(E) Activities authorized under chapter 2 of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title 38,
United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out by
the Department of Housing and Urban Development.
(J) Employment and training activities carried out
under the Community Services Block Grant Act (42 U.S.C.
9901 et seq.).
(K) Programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532).
(b) REQUIREMENTS.—
(1) IN GENERAL.—The portion of a combined plan covering
the core programs shall be subject to the requirements of section
102 (including section 102(c)(3)). The portion of such plan covering a program or activity described in subsection (a)(2) shall
be subject to the requirements, if any, applicable to a plan
or application for assistance for that program or activity, under
the Federal law authorizing the program or activity. At the
election of the State, section 102(c)(3) may apply to that portion.
(2) ADDITIONAL SUBMISSION NOT REQUIRED.—A State that
submits a combined plan that is approved under subsection
(c) shall not be required to submit any other plan or application
in order to receive Federal funds to carry out the core programs
or the program or activities described in subsection (a)(2) that
are covered by the combined plan.
(3) COORDINATION.—A combined plan shall include—
(A) a description of the methods used for joint planning
and coordination of the core programs and the other programs and activities covered by the combined plan; and
(B) an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and
activities to review and comment on all portions of the
combined plan.
(c) APPROVAL BY THE APPROPRIATE SECRETARIES.—
(1) JURISDICTION.—The appropriate Secretary shall have
the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval
of the appropriate Secretary, that portion of the combined plan,
covering a program or activity, shall be implemented by the
State pursuant to that portion of the combined plan, and the
Federal law authorizing the program or activity.
(2) APPROVAL OF CORE PROGRAMS.—No portion of the plan
relating to a core program shall be implemented until the
appropriate Secretary approves the corresponding portions of
the plan for all core programs.
(3) TIMING OF APPROVAL.—
(A) IN GENERAL.—Except as provided in subparagraphs
(B) and (C), a portion of the combined State plan covering
the core programs or a program or activity described in
subsection (a)(2) shall be considered to be approved by
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Time periods.
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the appropriate Secretary at the end of the 90-day period
beginning on the day the plan is submitted.
(B) PLAN APPROVED BY 3 OR MORE APPROPRIATE SECRETARIES.—If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority
to approve a portion of a combined plan, that portion of
the combined plan shall be considered to be approved by
the appropriate Secretary at the end of the 120-day period
beginning on the day the plan is submitted.
(C) DISAPPROVAL.—The portion shall not be considered
to be approved if the appropriate Secretary makes a written
determination, during the 90-day period (or the 120-day
period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the
requirements of the Federal law authorizing or applicable
to the program or activity involved, including the criteria
for approval of a plan or application, if any, under such
law, or the plan is not consistent with the requirements
of this section.
(4) SPECIAL RULE.—In paragraph (3), the term ‘‘criteria
for approval of a plan or application’’, with respect to a State
and a core program or a program under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301
et seq.), includes a requirement for agreement between the
State and the appropriate Secretaries regarding State performance measures or State performance accountability measures,
as the case may be, including levels of performance.
(d) APPROPRIATE SECRETARY.—In this section, the term ‘‘appropriate Secretary’’ means—
(1) with respect to the portion of a combined plan relating
to any of the core programs (including a description, and an
assurance concerning that program, specified in subsection
(b)(3)), the Secretary of Labor and the Secretary of Education;
and
(2) with respect to the portion of a combined plan relating
to a program or activity described in subsection (a)(2) (including
a description, and an assurance concerning that program or
activity, specified in subsection (b)(3)), the head of the Federal
agency who exercises plan or application approval authority
for the program or activity under the Federal law authorizing
the program or activity, or, if there are no planning or application requirements for such program or activity, exercises
administrative authority over the program or activity under
that Federal law.
Definition.
Definition.
CHAPTER 2—LOCAL PROVISIONS
29 USC 3121.
SEC. 106. WORKFORCE DEVELOPMENT AREAS.
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(a) REGIONS.—
(1) IDENTIFICATION.—Before the second full program year
after the date of enactment of this Act, in order for a State
to receive an allotment under section 127(b) or 132(b) and
as part of the process for developing the State plan, a State
shall identify regions in the State after consultation with the
local boards and chief elected officials in the local areas and
consistent with the considerations described in subsection
(b)(1)(B).
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128 STAT. 1453
(2) TYPES OF REGIONS.—For purposes of this Act, the State
shall identify—
(A) which regions are comprised of 1 local area that
is aligned with the region;
(B) which regions are comprised of 2 or more local
areas that are (collectively) aligned with the region
(referred to as planning regions, consistent with section
3); and
(C) which, of the regions described in subparagraph
(B), are interstate areas contained within 2 or more States,
and consist of labor market areas, economic development
areas, or other appropriate contiguous subareas of those
States.
(b) LOCAL AREAS.—
(1) IN GENERAL.—
(A) PROCESS.—Except as provided in subsection (d),
and consistent with paragraphs (2) and (3), in order for
a State to receive an allotment under section 127(b) or
132(b), the Governor of the State shall designate local
workforce development areas within the State—
(i) through consultation with the State board; and
(ii) after consultation with chief elected officials
and local boards, and after consideration of comments
received through the public comment process as
described in section 102(b)(2)(E)(iii)(II).
(B) CONSIDERATIONS.—The Governor shall designate
local areas (except for those local areas described in paragraphs (2) and (3)) based on considerations consisting of
the extent to which the areas—
(i) are consistent with labor market areas in the
State;
(ii) are consistent with regional economic development areas in the State; and
(iii) have available the Federal and non-Federal
resources necessary to effectively administer activities
under subtitle B and other applicable provisions of
this Act, including whether the areas have the appropriate education and training providers, such as
institutions of higher education and area career and
technical education schools.
(2) INITIAL DESIGNATION.—During the first 2 full program
years following the date of enactment of this Act, the Governor
shall approve a request for initial designation as a local area
from any area that was designated as a local area for purposes
of the Workforce Investment Act of 1998 for the 2-year period
preceding the date of enactment of this Act, performed successfully, and sustained fiscal integrity.
(3) SUBSEQUENT DESIGNATION.—After the period for which
a local area is initially designated under paragraph (2), the
Governor shall approve a request for subsequent designation
as a local area from such local area, if such area—
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning region,
met the requirements described in subsection (c)(1).
(4) DESIGNATION ON RECOMMENDATION OF STATE BOARD.—
The Governor may approve a request from any unit of general
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Time periods.
Determination.
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PUBLIC LAW 113–128—JULY 22, 2014
local government (including a combination of such units) for
designation of an area as a local area if the State board determines, based on the considerations described in paragraph
(1)(B), and recommends to the Governor, that such area should
be so designated.
(5) APPEALS.—A unit of general local government (including
a combination of such units) or grant recipient that requests
but is not granted designation of an area as a local area
under paragraph (2) or (3) may submit an appeal to the State
board under an appeal process established in the State plan.
If the appeal does not result in such a designation, the Secretary
of Labor, after receiving a request for review from the unit
or grant recipient and on determining that the unit or grant
recipient was not accorded procedural rights under the appeals
process described in the State plan, as specified in section
102(b)(2)(D)(i)(III), or that the area meets the requirements
of paragraph (2) or (3), may require that the area be designated
as a local area under such paragraph.
(6) REDESIGNATION ASSISTANCE.—On the request of all of
the local areas in a planning region, the State shall provide
funding from funds made available under sections 128(a) and
133(a)(1) to assist the local areas in carrying out activities
to facilitate the redesignation of the local areas to a single
local area.
(c) REGIONAL COORDINATION.—
(1) REGIONAL PLANNING.—The local boards and chief elected
officials in each planning region described in subparagraph
(B) or (C) of subsection (a)(2) shall engage in a regional planning
process that results in—
(A) the preparation of a regional plan, as described
in paragraph (2);
(B) the establishment of regional service strategies,
including use of cooperative service delivery agreements;
(C) the development and implementation of sector initiatives for in-demand industry sectors or occupations for
the region;
(D) the collection and analysis of regional labor market
data (in conjunction with the State);
(E) the establishment of administrative cost arrangements, including the pooling of funds for administrative
costs, as appropriate, for the region;
(F) the coordination of transportation and other supportive services, as appropriate, for the region;
(G) the coordination of services with regional economic
development services and providers; and
(H) the establishment of an agreement concerning how
the planning region will collectively negotiate and reach
agreement with Governor on local levels of performance
for, and report on, the performance accountability measures
described in section 116(c), for local areas or the planning
region.
(2) REGIONAL PLANS.—The State, after consultation with
local boards and chief elected officials for the planning regions,
shall require the local boards and chief elected officials within
a planning region to prepare, submit, and obtain approval
of a single regional plan that includes a description of the
activities described in paragraph (1) and that incorporates local
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1455
plans for each of the local areas in the planning region. The
State shall provide technical assistance and labor market data,
as requested by local areas, to assist with such regional planning and subsequent service delivery efforts.
(3) REFERENCES.—In this Act, and the core program provisions that are not in this Act:
(A) LOCAL AREA.—Except as provided in section
101(d)(9), this section, paragraph (1)(B) or (4) of section
107(c), or section 107(d)(12)(B), or in any text that provides
an accompanying provision specifically for a planning
region, the term ‘‘local area’’ in a provision includes a
reference to a planning region for purposes of implementation of that provision by the corresponding local areas
in the region.
(B) LOCAL PLAN.—Except as provided in this subsection, the term ‘‘local plan’’ includes a reference to the
portion of a regional plan developed with respect to the
corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the
local area.
(d) SINGLE STATE LOCAL AREAS.—
(1) CONTINUATION OF PREVIOUS DESIGNATION.—The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as
in effect on July 1, 2013, may designate the State as a single
State local area for purposes of this title. In the case of such
designation, the Governor shall identify the State as a local
area in the State plan.
(2) EFFECT ON LOCAL PLAN AND LOCAL FUNCTIONS.—In any
case in which a State is designated as a local area pursuant
to this subsection, the local plan prepared under section 108
for the area shall be submitted for approval as part of the
State plan. In such a State, the State board shall carry out
the functions of a local board, as specified in this Act or the
provisions authorizing a core program, but the State shall
not be required to meet and report on a set of local performance
accountability measures.
(e) DEFINITIONS.—For purposes of this section:
(1) PERFORMED SUCCESSFULLY.—The term ‘‘performed
successfully’’, used with respect to a local area, means the
local area met or exceeded the adjusted levels of performance
for primary indicators of performance described in section
116(b)(2)(A) (or, if applicable, core indicators of performance
described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998, as in effect the day before the date of enactment
of this Act) for each of the last 2 consecutive years for which
data are available preceding the determination of performance
under this paragraph.
(2) SUSTAINED FISCAL INTEGRITY.—The term ‘‘sustained
fiscal integrity’’, used with respect to a local area, means that
the Secretary has not made a formal determination, during
either of the last 2 consecutive years preceding the determination regarding such integrity, that either the grant recipient
or the administrative entity of the area misexpended funds
provided under subtitle B (or, if applicable, title I of the
Workforce Investment Act of 1998 as in effect prior to the
effective date of such subtitle B) due to willful disregard of
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the requirements of the provision involved, gross negligence,
or failure to comply with accepted standards of administration.
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29 USC 3122.
SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS.
Certification.
(a) ESTABLISHMENT.—Except as provided in subsection (c)(2)(A),
there shall be established, and certified by the Governor of the
State, a local workforce development board in each local area of
a State to carry out the functions described in subsection (d) (and
any functions specified for the local board under this Act or the
provisions establishing a core program) for such area.
(b) MEMBERSHIP.—
(1) STATE CRITERIA.—The Governor, in partnership with
the State board, shall establish criteria for use by chief elected
officials in the local areas for appointment of members of the
local boards in such local areas in accordance with the requirements of paragraph (2).
(2) COMPOSITION.—Such criteria shall require that, at a
minimum—
(A) a majority of the members of each local board
shall be representatives of business in the local area, who—
(i) are owners of businesses, chief executives or
operating officers of businesses, or other business
executives or employers with optimum policymaking
or hiring authority;
(ii) represent businesses, including small
businesses, or organizations representing businesses
described in this clause, that provide employment
opportunities that, at a minimum, include high-quality,
work-relevant training and development in in-demand
industry sectors or occupations in the local area; and
(iii) are appointed from among individuals nominated by local business organizations and business
trade associations;
(B) not less than 20 percent of the members of each
local board shall be representatives of the workforce within
the local area, who—
(i) shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area
in which no employees are represented by such
organizations) other representatives of employees;
(ii) shall include a representative, who shall be
a member of a labor organization or a training director,
from a joint labor-management apprenticeship program, or if no such joint program exists in the area,
such a representative of an apprenticeship program
in the area, if such a program exists;
(iii) may include representatives of communitybased organizations that have demonstrated experience
and expertise in addressing the employment needs of
individuals with barriers to employment, including
organizations that serve veterans or that provide or
support competitive integrated employment for individuals with disabilities; and
(iv) may include representatives of organizations
that have demonstrated experience and expertise in
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1457
addressing the employment, training, or education
needs of eligible youth, including representatives of
organizations that serve out-of-school youth;
(C) each local board shall include representatives of
entities administering education and training activities in
the local area, who—
(i) shall include a representative of eligible providers administering adult education and literacy
activities under title II;
(ii) shall include a representative of institutions
of higher education providing workforce investment
activities (including community colleges);
(iii) may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in
addressing the education or training needs of individuals with barriers to employment;
(D) each local board shall include representatives of
governmental and economic and community development
entities serving the local area, who—
(i) shall include a representative of economic and
community development entities;
(ii) shall include an appropriate representative
from the State employment service office under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.) serving the
local area;
(iii) shall include an appropriate representative
of the programs carried out under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.),
other than section 112 or part C of that title (29
U.S.C. 732, 741), serving the local area;
(iv) may include representatives of agencies or
entities administering programs serving the local area
relating to transportation, housing, and public assistance; and
(v) may include representatives of philanthropic
organizations serving the local area; and
(E) each local board may include such other individuals
or representatives of entities as the chief elected official
in the local area may determine to be appropriate.
(3) CHAIRPERSON.—The members of the local board shall
elect a chairperson for the local board from among the representatives described in paragraph (2)(A).
(4) STANDING COMMITTEES.—
(A) IN GENERAL.—The local board may designate and
direct the activities of standing committees to provide
information and to assist the local board in carrying out
activities under this section. Such standing committees
shall be chaired by a member of the local board, may
include other members of the local board, and shall include
other individuals appointed by the local board who are
not members of the local board and who the local board
determines have appropriate experience and expertise. At
a minimum, the local board may designate each of the
following:
(i) A standing committee to provide information
and assist with operational and other issues relating
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PUBLIC LAW 113–128—JULY 22, 2014
to the one-stop delivery system, which may include
as members representatives of the one-stop partners.
(ii) A standing committee to provide information
and to assist with planning, operational, and other
issues relating to the provision of services to youth,
which shall include community-based organizations
with a demonstrated record of success in serving
eligible youth.
(iii) A standing committee to provide information
and to assist with operational and other issues relating
to the provision of services to individuals with disabilities, including issues relating to compliance with section 188, if applicable, and applicable provisions of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) regarding providing programmatic and
physical access to the services, programs, and activities
of the one-stop delivery system, as well as appropriate
training for staff on providing supports for or accommodations to, and finding employment opportunities
for, individuals with disabilities.
(B) ADDITIONAL COMMITTEES.—The local board may
designate standing committees in addition to the standing
committees specified in subparagraph (A).
(C) DESIGNATION OF ENTITY.—Nothing in this paragraph shall be construed to prohibit the designation of
an existing (as of the date of enactment of this Act) entity,
such as an effective youth council, to fulfill the requirements of this paragraph as long as the entity meets the
requirements of this paragraph.
(5) AUTHORITY OF BOARD MEMBERS.—Members of the board
that represent organizations, agencies, or other entities shall
be individuals with optimum policymaking authority within
the organizations, agencies, or entities. The members of the
board shall represent diverse geographic areas within the local
area.
(6) SPECIAL RULE.—If there are multiple eligible providers
serving the local area by administering adult education and
literacy activities under title II, or multiple institutions of
higher education serving the local area by providing workforce
investment activities, each representative on the local board
described in clause (i) or (ii) of paragraph (2)(C), respectively,
shall be appointed from among individuals nominated by local
providers representing such providers or institutions, respectively.
(c) APPOINTMENT AND CERTIFICATION OF BOARD.—
(1) APPOINTMENT OF BOARD MEMBERS AND ASSIGNMENT OF
RESPONSIBILITIES.—
(A) IN GENERAL.—The chief elected official in a local
area is authorized to appoint the members of the local
board for such area, in accordance with the State criteria
established under subsection (b).
(B) MULTIPLE UNITS OF LOCAL GOVERNMENT IN AREA.—
(i) IN GENERAL.—In a case in which a local area
includes more than 1 unit of general local government,
the chief elected officials of such units may execute
an agreement that specifies the respective roles of the
individual chief elected officials—
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128 STAT. 1459
(I) in the appointment of the members of the
local board from the individuals nominated or recommended to be such members in accordance with
the criteria established under subsection (b); and
(II) in carrying out any other responsibilities
assigned to such officials under this title.
(ii) LACK OF AGREEMENT.—If, after a reasonable
effort, the chief elected officials are unable to reach
agreement as provided under clause (i), the Governor
may appoint the members of the local board from
individuals so nominated or recommended.
(C) CONCENTRATED EMPLOYMENT PROGRAMS.—In the
case of an area that was designated as a local area in
accordance with section 116(a)(2)(B) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act), and that remains a
local area on that date, the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area
to appoint members of the local board, in accordance with
the State criteria established under subsection (b), and
to carry out any other responsibility relating to workforce
investment activities assigned to such official under this
Act.
(2) CERTIFICATION.—
(A) IN GENERAL.—The Governor shall, once every 2
years, certify 1 local board for each local area in the State.
(B) CRITERIA.—Such certification shall be based on criteria established under subsection (b), and for a second
or subsequent certification, the extent to which the local
board has ensured that workforce investment activities
carried out in the local area have enabled the local area
to meet the corresponding performance accountability
measures and achieve sustained fiscal integrity, as defined
in section 106(e)(2).
(C) FAILURE TO ACHIEVE CERTIFICATION.—Failure of
a local board to achieve certification shall result in appointment and certification of a new local board for the local
area pursuant to the process described in paragraph (1)
and this paragraph.
(3) DECERTIFICATION.—
(A) FRAUD, ABUSE, FAILURE TO CARRY OUT FUNCTIONS.—
Notwithstanding paragraph (2), the Governor shall have
the authority to decertify a local board at any time after
providing notice and an opportunity for comment, for—
(i) fraud or abuse; or
(ii) failure to carry out the functions specified for
the local board in subsection (d).
(B) NONPERFORMANCE.—Notwithstanding paragraph
(2), the Governor may decertify a local board if a local
area fails to meet the local performance accountability
measures for such local area in accordance with section
116(c) for 2 consecutive program years.
(C) REORGANIZATION PLAN.—If the Governor decertifies
a local board for a local area under subparagraph (A)
or (B), the Governor may require that a new local board
be appointed and certified for the local area pursuant to
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PUBLIC LAW 113–128—JULY 22, 2014
a reorganization plan developed by the Governor, in consultation with the chief elected official in the local area
and in accordance with the criteria established under subsection (b).
(4) SINGLE STATE LOCAL AREA.—
(A) STATE BOARD.—Notwithstanding subsection (b) and
paragraphs (1) and (2), if a State described in section
106(d) indicates in the State plan that the State will be
treated as a single State local area, for purposes of the
application of this Act or the provisions authorizing a core
program, the State board shall carry out any of the functions of a local board under this Act or the provisions
authorizing a core program, including the functions
described in subsection (d).
(B) REFERENCES.—
(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), with respect to such a State, a reference
in this Act or a core program provision to a local
board shall be considered to be a reference to the
State board, and a reference in the Act or provision
to a local area or region shall be considered to be
a reference to the State.
(ii) PLANS.—The State board shall prepare a local
plan under section 108 for the State, and submit the
plan for approval as part of the State plan.
(iii) PERFORMANCE ACCOUNTABILITY MEASURES.—
The State shall not be required to meet and report
on a set of local performance accountability measures.
(d) FUNCTIONS OF LOCAL BOARD.—Consistent with section 108,
the functions of the local board shall include the following:
(1) LOCAL PLAN.—The local board, in partnership with the
chief elected official for the local area involved, shall develop
and submit a local plan to the Governor that meets the requirements in section 108. If the local area is part of a planning
region that includes other local areas, the local board shall
collaborate with the other local boards and chief elected officials
from such other local areas in the preparation and submission
of a regional plan as described in section 106(c)(2).
(2) WORKFORCE RESEARCH AND REGIONAL LABOR MARKET
ANALYSIS.—In order to assist in the development and
implementation of the local plan, the local board shall—
(A) carry out analyses of the economic conditions in
the region, the needed knowledge and skills for the region,
the workforce in the region, and workforce development
activities (including education and training) in the region
described in section 108(b)(1)(D), and regularly update such
information;
(B) assist the Governor in developing the statewide
workforce and labor market information system described
in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–
2(e)), specifically in the collection, analysis, and utilization
of workforce and labor market information for the region;
and
(C) conduct such other research, data collection, and
analysis related to the workforce needs of the regional
economy as the board, after receiving input from a wide
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128 STAT. 1461
array of stakeholders, determines to be necessary to carry
out its functions.
(3) CONVENING, BROKERING, LEVERAGING.—The local board
shall convene local workforce development system stakeholders
to assist in the development of the local plan under section
108 and in identifying non-Federal expertise and resources
to leverage support for workforce development activities. The
local board, including standing committees, may engage such
stakeholders in carrying out the functions described in this
subsection.
(4) EMPLOYER ENGAGEMENT.—The local board shall lead
efforts to engage with a diverse range of employers and with
entities in the region involved—
(A) to promote business representation (particularly
representatives with optimal policymaking or hiring
authority from employers whose employment opportunities
reflect existing and emerging employment opportunities
in the region) on the local board;
(B) to develop effective linkages (including the use
of intermediaries) with employers in the region to support
employer utilization of the local workforce development
system and to support local workforce investment activities;
(C) to ensure that workforce investment activities meet
the needs of employers and support economic growth in
the region, by enhancing communication, coordination, and
collaboration among employers, economic development entities, and service providers; and
(D) to develop and implement proven or promising
strategies for meeting the employment and skill needs of
workers and employers (such as the establishment of
industry and sector partnerships), that provide the skilled
workforce needed by employers in the region, and that
expand employment and career advancement opportunities
for workforce development system participants in indemand industry sectors or occupations.
(5) CAREER PATHWAYS DEVELOPMENT.—The local board,
with representatives of secondary and postsecondary education
programs, shall lead efforts in the local area to develop and
implement career pathways within the local area by aligning
the employment, training, education, and supportive services
that are needed by adults and youth, particularly individuals
with barriers to employment.
(6) PROVEN AND PROMISING PRACTICES.—The local board
shall lead efforts in the local area to—
(A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers,
and workers and jobseekers (including individuals with
barriers to employment) in the local workforce development
system, including providing physical and programmatic
accessibility, in accordance with section 188, if applicable,
and applicable provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), to the one-stop
delivery system; and
(B) identify and disseminate information on proven
and promising practices carried out in other local areas
for meeting such needs.
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(7) TECHNOLOGY.—The local board shall develop strategies
for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers,
and workers and jobseekers, by—
(A) facilitating connections among the intake and case
management information systems of the one-stop partner
programs to support a comprehensive workforce development system in the local area;
(B) facilitating access to services provided through the
one-stop delivery system involved, including facilitating the
access in remote areas;
(C) identifying strategies for better meeting the needs
of individuals with barriers to employment, including
strategies that augment traditional service delivery, and
increase access to services and programs of the one-stop
delivery system, such as improving digital literacy skills;
and
(D) leveraging resources and capacity within the local
workforce development system, including resources and
capacity for services for individuals with barriers to employment.
(8) PROGRAM OVERSIGHT.—The local board, in partnership
with the chief elected official for the local area, shall—
(A)(i) conduct oversight for local youth workforce
investment activities authorized under section 129(c), local
employment and training activities authorized under subsections (c) and (d) of section 134, and the one-stop delivery
system in the local area; and
(ii) ensure the appropriate use and management of
the funds provided under subtitle B for the activities and
system described in clause (i); and
(B) for workforce development activities, ensure the
appropriate use, management, and investment of funds
to maximize performance outcomes under section 116.
(9) NEGOTIATION OF LOCAL PERFORMANCE ACCOUNTABILITY
MEASURES.—The local board, the chief elected official, and the
Governor shall negotiate and reach agreement on local performance accountability measures as described in section 116(c).
(10) SELECTION OF OPERATORS AND PROVIDERS.—
(A) SELECTION OF ONE-STOP OPERATORS.—Consistent
with section 121(d), the local board, with the agreement
of the chief elected official for the local area—
(i) shall designate or certify one-stop operators as
described in section 121(d)(2)(A); and
(ii) may terminate for cause the eligibility of such
operators.
(B) SELECTION OF YOUTH PROVIDERS.—Consistent with
section 123, the local board—
(i) shall identify eligible providers of youth
workforce investment activities in the local area by
awarding grants or contracts on a competitive basis
(except as provided in section 123(b)), based on the
recommendations of the youth standing committee, if
such a committee is established for the local area under
subsection (b)(4); and
(ii) may terminate for cause the eligibility of such
providers.
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(C) IDENTIFICATION OF ELIGIBLE PROVIDERS OF
TRAINING SERVICES.—Consistent with section 122, the local
board shall identify eligible providers of training services
in the local area.
(D) IDENTIFICATION OF ELIGIBLE PROVIDERS OF CAREER
SERVICES.—If the one-stop operator does not provide career
services described in section 134(c)(2) in a local area, the
local board shall identify eligible providers of those career
services in the local area by awarding contracts.
(E) CONSUMER CHOICE REQUIREMENTS.—Consistent
with section 122 and paragraphs (2) and (3) of section
134(c), the local board shall work with the State to ensure
there are sufficient numbers and types of providers of
career services and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting
adults in need of adult education and literacy activities)
serving the local area and providing the services involved
in a manner that maximizes consumer choice, as well as
providing opportunities that lead to competitive integrated
employment for individuals with disabilities.
(11) COORDINATION WITH EDUCATION PROVIDERS.—
(A) IN GENERAL.—The local board shall coordinate
activities with education and training providers in the local
area, including providers of workforce investment activities,
providers of adult education and literacy activities under
title II, providers of career and technical education (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)) and
local agencies administering plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741).
(B) APPLICATIONS AND AGREEMENTS.—The coordination
described in subparagraph (A) shall include—
(i) consistent with section 232—
(I) reviewing the applications to provide adult
education and literacy activities under title II for
the local area, submitted under such section to
the eligible agency by eligible providers, to determine whether such applications are consistent
with the local plan; and
(II) making recommendations to the eligible
agency to promote alignment with such plan; and
(ii) replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of
the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)),
and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act (29 U.S.C.
720 et seq.) (other than section 112 or part C of that
title (29 U.S.C. 732, 741) and subject to section 121(f)),
with respect to efforts that will enhance the provision
of services to individuals with disabilities and other
individuals, such as cross training of staff, technical
assistance, use and sharing of information, cooperative
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efforts with employers, and other efforts at cooperation,
collaboration, and coordination.
(C) COOPERATIVE AGREEMENT.—In this paragraph, the
term ‘‘cooperative agreement’’ means an agreement entered
into by a State designated agency or State designated
unit under subparagraph (A) of section 101(a)(11) of the
Rehabilitation Act of 1973.
(12) BUDGET AND ADMINISTRATION.—
(A) BUDGET.—The local board shall develop a budget
for the activities of the local board in the local area, consistent with the local plan and the duties of the local
board under this section, subject to the approval of the
chief elected official.
(B) ADMINISTRATION.—
(i) GRANT RECIPIENT.—
(I) IN GENERAL.—The chief elected official in
a local area shall serve as the local grant recipient
for, and shall be liable for any misuse of, the
grant funds allocated to the local area under sections 128 and 133, unless the chief elected official
reaches an agreement with the Governor for the
Governor to act as the local grant recipient and
bear such liability.
(II) DESIGNATION.—In order to assist in
administration of the grant funds, the chief elected
official or the Governor, where the Governor serves
as the local grant recipient for a local area, may
designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent.
Such designation shall not relieve the chief elected
official or the Governor of the liability for any
misuse of grant funds as described in subclause
(I).
(III) DISBURSAL.—The local grant recipient or
an entity designated under subclause (II) shall
disburse the grant funds for workforce investment
activities at the direction of the local board, pursuant to the requirements of this title. The local
grant recipient or entity designated under subclause (II) shall disburse the funds immediately
on receiving such direction from the local board.
(ii) GRANTS AND DONATIONS.—The local board may
solicit and accept grants and donations from sources
other than Federal funds made available under this
Act.
(iii) TAX-EXEMPT STATUS.—For purposes of carrying
out duties under this Act, local boards may incorporate,
and may operate as entities described in section
501(c)(3) of the Internal Revenue Code of 1986 that
are exempt from taxation under section 501(a) of such
Code.
(13) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES.—
The local board shall annually assess the physical and programmatic accessibility, in accordance with section 188, if
applicable, and applicable provisions of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), of all onestop centers in the local area.
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(e) SUNSHINE PROVISION.—The local board shall make available
to the public, on a regular basis through electronic means and
open meetings, information regarding the activities of the local
board, including information regarding the local plan prior to
submission of the plan, and regarding membership, the designation
and certification of one-stop operators, and the award of grants
or contracts to eligible providers of youth workforce investment
activities, and on request, minutes of formal meetings of the local
board.
(f) STAFF.—
(1) IN GENERAL.—The local board may hire a director and
other staff to assist in carrying out the functions described
in subsection (d) using funds available under sections 128(b)
and 133(b) as described in section 128(b)(4).
(2) QUALIFICATIONS.—The local board shall establish and
apply a set of objective qualifications for the position of director,
that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks
and to assist in effectively carrying out the functions of the
local board.
(3) LIMITATION ON RATE.—The director and staff described
in paragraph (1) shall be subject to the limitations on the
payment of salaries and bonuses described in section 194(15).
(g) LIMITATIONS.—
(1) TRAINING SERVICES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), no local board may provide training services.
(B) WAIVERS OF TRAINING PROHIBITION.—The Governor
of the State in which a local board is located may, pursuant
to a request from the local board, grant a written waiver
of the prohibition set forth in subparagraph (A) (relating
to the provision of training services) for a program of
training services, if the local board—
(i) submits to the Governor a proposed request
for the waiver that includes—
(I) satisfactory evidence that there is an
insufficient number of eligible providers of such
a program of training services to meet local
demand in the local area;
(II) information demonstrating that the board
meets the requirements for an eligible provider
of training services under section 122; and
(III) information demonstrating that the program of training services prepares participants for
an in-demand industry sector or occupation in the
local area;
(ii) makes the proposed request available to eligible
providers of training services and other interested
members of the public for a public comment period
of not less than 30 days; and
(iii) includes, in the final request for the waiver,
the evidence and information described in clause (i)
and the comments received pursuant to clause (ii).
(C) DURATION.—A waiver granted to a local board
under subparagraph (B) shall apply for a period that shall
not exceed the duration of the local plan. The waiver may
be renewed for additional periods under subsequent local
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information.
Public
information.
Time period.
Applicability.
Time period.
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128 STAT. 1466
Determination.
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29 USC 3123.
PUBLIC LAW 113–128—JULY 22, 2014
plans, not to exceed the durations of such subsequent plans,
pursuant to requests from the local board, if the board
meets the requirements of subparagraph (B) in making
the requests.
(D) REVOCATION.—The Governor shall have the
authority to revoke the waiver during the appropriate
period described in subparagraph (C) if the Governor determines the waiver is no longer needed or that the local
board involved has engaged in a pattern of inappropriate
referrals to training services operated by the local board.
(2) CAREER SERVICES; DESIGNATION OR CERTIFICATION AS
ONE-STOP OPERATORS.—A local board may provide career services described in section 134(c)(2) through a one-stop delivery
system or be designated or certified as a one-stop operator
only with the agreement of the chief elected official in the
local area and the Governor.
(3) LIMITATION ON AUTHORITY.—Nothing in this Act shall
be construed to provide a local board with the authority to
mandate curricula for schools.
(h) CONFLICT OF INTEREST.—A member of a local board, or
a member of a standing committee, may not—
(1) vote on a matter under consideration by the local
board—
(A) regarding the provision of services by such member
(or by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State
plan.
(i) ALTERNATIVE ENTITY.—
(1) IN GENERAL.—For purposes of complying with subsections (a), (b), and (c), a State may use any local entity
(including a local council, regional workforce development
board, or similar entity) that—
(A) is established to serve the local area (or the service
delivery area that most closely corresponds to the local
area);
(B) was in existence on the day before the date of
enactment of this Act, pursuant to State law; and
(C) includes—
(i) representatives of business in the local area;
and
(ii)(I) representatives of labor organizations (for
a local area in which employees are represented by
labor organizations), nominated by local labor federations; or
(II) other representatives of employees in the local
area (for a local area in which no employees are represented by such organizations).
(2) REFERENCES.—A reference in this Act or a core program
provision to a local board, shall include a reference to such
an entity.
SEC. 108. LOCAL PLAN.
(a) IN GENERAL.—Each local board shall develop and submit
to the Governor a comprehensive 4-year local plan, in partnership
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128 STAT. 1467
with the chief elected official. The local plan shall support the
strategy described in the State plan in accordance with section
102(b)(1)(E), and otherwise be consistent with the State plan. If
the local area is part of a planning region, the local board shall
comply with section 106(c) in the preparation and submission of
a regional plan. At the end of the first 2-year period of the 4year local plan, each local board shall review the local plan and
the local board, in partnership with the chief elected official, shall
prepare and submit modifications to the local plan to reflect changes
in labor market and economic conditions or in other factors affecting
the implementation of the local plan.
(b) CONTENTS.—The local plan shall include—
(1) a description of the strategic planning elements consisting of—
(A) an analysis of the regional economic conditions
including—
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers in those
industry sectors and occupations;
(B) an analysis of the knowledge and skills needed
to meet the employment needs of the employers in the
region, including employment needs in in-demand industry
sectors and occupations;
(C) an analysis of the workforce in the region, including
current labor force employment (and unemployment) data,
and information on labor market trends, and the educational and skill levels of the workforce in the region,
including individuals with barriers to employment;
(D) an analysis of the workforce development activities
(including education and training) in the region, including
an analysis of the strengths and weaknesses of such services, and the capacity to provide such services, to address
the identified education and skill needs of the workforce
and the employment needs of employers in the region;
(E) a description of the local board’s strategic vision
and goals for preparing an educated and skilled workforce
(including youth and individuals with barriers to employment), including goals relating to the performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A) in order to support
regional economic growth and economic self-sufficiency; and
(F) taking into account analyses described in subparagraphs (A) through (D), a strategy to work with the entities
that carry out the core programs to align resources available to the local area, to achieve the strategic vision and
goals described in subparagraph (E);
(2) a description of the workforce development system in
the local area that identifies the programs that are included
in that system and how the local board will work with the
entities carrying out core programs and other workforce
development programs to support alignment to provide services,
including programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), that support the strategy identified in the State
plan under section 102(b)(1)(E);
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PUBLIC LAW 113–128—JULY 22, 2014
(3) a description of how the local board, working with
the entities carrying out core programs, will expand access
to employment, training, education, and supportive services
for eligible individuals, particularly eligible individuals with
barriers to employment, including how the local board will
facilitate the development of career pathways and co-enrollment, as appropriate, in core programs, and improve access
to activities leading to a recognized postsecondary credential
(including a credential that is an industry-recognized certificate
or certification, portable, and stackable);
(4) a description of the strategies and services that will
be used in the local area—
(A) in order to—
(i) facilitate engagement of employers, including
small employers and employers in in-demand industry
sectors and occupations, in workforce development programs;
(ii) support a local workforce development system
that meets the needs of businesses in the local area;
(iii) better coordinate workforce development programs and economic development; and
(iv) strengthen linkages between the one-stop
delivery system and unemployment insurance programs; and
(B) that may include the implementation of initiatives
such as incumbent worker training programs, on-the-job
training programs, customized training programs, industry
and sector strategies, career pathways initiatives, utilization of effective business intermediaries, and other business
services and strategies, designed to meet the needs of
employers in the corresponding region in support of the
strategy described in paragraph (1)(F);
(5) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with economic development activities carried out in the region
in which the local area is located (or planning region), and
promote entrepreneurial skills training and microenterprise
services;
(6) a description of the one-stop delivery system in the
local area, including—
(A) a description of how the local board will ensure
the continuous improvement of eligible providers of services
through the system and ensure that such providers meet
the employment needs of local employers, and workers
and jobseekers;
(B) a description of how the local board will facilitate
access to services provided through the one-stop delivery
system, including in remote areas, through the use of technology and through other means;
(C) a description of how entities within the one-stop
delivery system, including one-stop operators and the onestop partners, will comply with section 188, if applicable,
and applicable provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) regarding the physical
and programmatic accessibility of facilities, programs and
services, technology, and materials for individuals with
disabilities, including providing staff training and support
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128 STAT. 1469
for addressing the needs of individuals with disabilities;
and
(D) a description of the roles and resource contributions
of the one-stop partners;
(7) a description and assessment of the type and availability
of adult and dislocated worker employment and training activities in the local area;
(8) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with statewide rapid response activities, as described in section
134(a)(2)(A);
(9) a description and assessment of the type and availability
of youth workforce investment activities in the local area,
including activities for youth who are individuals with disabilities, which description and assessment shall include an identification of successful models of such youth workforce investment
activities;
(10) a description of how the local board will coordinate
education and workforce investment activities carried out in
the local area with relevant secondary and postsecondary education programs and activities to coordinate strategies, enhance
services, and avoid duplication of services;
(11) a description of how the local board will coordinate
workforce investment activities carried out under this title in
the local area with the provision of transportation, including
public transportation, and other appropriate supportive services
in the local area;
(12) a description of plans and strategies for, and assurances concerning, maximizing coordination of services provided
by the State employment service under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) and services provided in the local
area through the one-stop delivery system, to improve service
delivery and avoid duplication of services;
(13) a description of how the local board will coordinate
workforce investment activities carried out under this title in
the local area with the provision of adult education and literacy
activities under title II in the local area, including a description
of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232,
the review of local applications submitted under title II;
(14) a description of the replicated cooperative agreements
(as defined in section 107(d)(11)) between the local board or
other local entities described in section 101(a)(11)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the
local office of a designated State agency or designated State
unit administering programs carried out under title I of such
Act (29 U.S.C. 720 et seq.) (other than section 112 or part
C of that title (29 U.S.C. 732, 741) and subject to section
121(f)) in accordance with section 101(a)(11) of such Act (29
U.S.C. 721(a)(11)) with respect to efforts that will enhance
the provision of services to individuals with disabilities and
to other individuals, such as cross training of staff, technical
assistance, use and sharing of information, cooperative efforts
with employers, and other efforts at cooperation, collaboration,
and coordination;
(15) an identification of the entity responsible for the disbursal of grant funds described in section 107(d)(12)(B)(i)(III),
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128 STAT. 1470
Records.
Public
information.
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Deadline.
Time period.
Time period.
Effective date.
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PUBLIC LAW 113–128—JULY 22, 2014
as determined by the chief elected official or the Governor
under section 107(d)(12)(B)(i);
(16) a description of the competitive process to be used
to award the subgrants and contracts in the local area for
activities carried out under this title;
(17) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant
to section 116(c), to be used to measure the performance of
the local area and to be used by the local board for measuring
the performance of the local fiscal agent (where appropriate),
eligible providers under subtitle B, and the one-stop delivery
system, in the local area;
(18) a description of the actions the local board will take
toward becoming or remaining a high-performing board, consistent with the factors developed by the State board pursuant
to section 101(d)(6);
(19) a description of how training services under chapter
3 of subtitle B will be provided in accordance with section
134(c)(3)(G), including, if contracts for the training services
will be used, how the use of such contracts will be coordinated
with the use of individual training accounts under that chapter
and how the local board will ensure informed customer choice
in the selection of training programs regardless of how the
training services are to be provided;
(20) a description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for
public comment, including comment by representatives of
businesses and comment by representatives of labor organizations, and input into the development of the local plan, prior
to submission of the plan;
(21) a description of how one-stop centers are implementing
and transitioning to an integrated, technology-enabled intake
and case management information system for programs carried
out under this Act and programs carried out by one-stop partners; and
(22) such other information as the Governor may require.
(c) EXISTING ANALYSIS.—As appropriate, a local area may use
an existing analysis in order to carry out the requirements of
subsection (b)(1) concerning an analysis.
(d) PROCESS.—Prior to the date on which the local board submits a local plan under this section, the local board shall—
(1) make available copies of a proposed local plan to the
public through electronic and other means, such as public
hearings and local news media;
(2) allow members of the public, including representatives
of business, representatives of labor organizations, and representatives of education to submit to the local board comments
on the proposed local plan, not later than the end of the
30-day period beginning on the date on which the proposed
local plan is made available; and
(3) include with the local plan submitted to the Governor
under this section any such comments that represent disagreement with the plan.
(e) PLAN SUBMISSION AND APPROVAL.—A local plan submitted
to the Governor under this section (including a modification to
such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the
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Governor receives the plan (including such a modification), unless
the Governor makes a written determination during the 90-day
period that—
(1) deficiencies in activities carried out under this subtitle
or subtitle B have been identified, through audits conducted
under section 184 or otherwise, and the local area has not
made acceptable progress in implementing corrective measures
to address the deficiencies;
(2) the plan does not comply with the applicable provisions
of this Act; or
(3) the plan does not align with the State plan, including
failing to provide for alignment of the core programs to support
the strategy identified in the State plan in accordance with
section 102(b)(1)(E).
CHAPTER 3—BOARD PROVISIONS
SEC. 111. FUNDING OF STATE AND LOCAL BOARDS.
29 USC 3131.
(a) STATE BOARDS.—In funding a State board under this subtitle, a State—
(1) shall use funds available as described in section
129(b)(3) or 134(a)(3)(B); and
(2) may use non-Federal funds available to the State that
the State determines are appropriate and available for that
use.
(b) LOCAL BOARDS.—In funding a local board under this subtitle, the chief elected official and local board for the local area—
(1) shall use funds available as described in section
128(b)(4); and
(2) may use non-Federal funds available to the local area
that the chief elected official and local board determine are
appropriate and available for that use.
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CHAPTER 4—PERFORMANCE ACCOUNTABILITY
VerDate Mar 15 2010
SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM.
29 USC 3141.
(a) PURPOSE.—The purpose of this section is to establish
performance accountability measures that apply across the core
programs to assess the effectiveness of States and local areas (for
core programs described in subtitle B) in achieving positive outcomes for individuals served by those programs.
(b) STATE PERFORMANCE ACCOUNTABILITY MEASURES.—
(1) IN GENERAL.—For each State, the performance accountability measures for the core programs shall consist of—
(A)(i) the primary indicators of performance described
in paragraph (2)(A); and
(ii) the additional indicators of performance (if any)
identified by the State under paragraph (2)(B); and
(B) a State adjusted level of performance for each
indicator described in subparagraph (A).
(2) INDICATORS OF PERFORMANCE.—
(A) PRIMARY INDICATORS OF PERFORMANCE.—
(i) IN GENERAL.—The State primary indicators of
performance for activities provided under the adult
and dislocated worker programs authorized under
chapter 3 of subtitle B, the program of adult education
and literacy activities authorized under title II, the
Applicability.
Assessment.
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PUBLIC LAW 113–128—JULY 22, 2014
employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C.
49 et seq.) (except that subclauses (IV) and (V) shall
not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112 or part
C of that title (29 U.S.C. 732, 741), shall consist of—
(I) the percentage of program participants who
are in unsubsidized employment during the second
quarter after exit from the program;
(II) the percentage of program participants
who are in unsubsidized employment during the
fourth quarter after exit from the program;
(III) the median earnings of program participants who are in unsubsidized employment during
the second quarter after exit from the program;
(IV) the percentage of program participants
who obtain a recognized postsecondary credential,
or a secondary school diploma or its recognized
equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program;
(V) the percentage of program participants
who, during a program year, are in an education
or training program that leads to a recognized
postsecondary credential or employment and who
are achieving measurable skill gains toward such
a credential or employment; and
(VI) the indicators of effectiveness in serving
employers established pursuant to clause (iv).
(ii) PRIMARY INDICATORS FOR ELIGIBLE YOUTH.—
The primary indicators of performance for the youth
program authorized under chapter 2 of subtitle B shall
consist of—
(I) the percentage of program participants who
are in education or training activities, or in unsubsidized employment, during the second quarter
after exit from the program;
(II) the percentage of program participants
who are in education or training activities, or in
unsubsidized employment, during the fourth
quarter after exit from the program; and
(III) the primary indicators of performance
described in subclauses (III) through (VI) of
subparagraph (A)(i).
(iii) INDICATOR RELATING TO CREDENTIAL.—For
purposes of clause (i)(IV), or clause (ii)(III) with respect
to clause (i)(IV), program participants who obtain a
secondary school diploma or its recognized equivalent
shall be included in the percentage counted as meeting
the criterion under such clause only if such participants, in addition to obtaining such diploma or its
recognized equivalent, have obtained or retained
employment or are in an education or training program
leading to a recognized postsecondary credential within
1 year after exit from the program.
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128 STAT. 1473
(iv) INDICATOR FOR SERVICES TO EMPLOYERS.—Prior
to the commencement of the second full program year
after the date of enactment of this Act, for purposes
of clauses (i)(VI), or clause (ii)(III) with respect to
clause (i)(IV), the Secretary of Labor and the Secretary
of Education, after consultation with the representatives described in paragraph (4)(B), shall jointly
develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance
that indicate the effectiveness of the core programs
in serving employers.
(B) ADDITIONAL INDICATORS.—A State may identify in
the State plan additional performance accountability
indicators.
(3) LEVELS OF PERFORMANCE.—
(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR PRIMARY INDICATORS.—
(i) IN GENERAL.—For each State submitting a State
plan, there shall be established, in accordance with
this subparagraph, levels of performance for each of
the corresponding primary indicators of performance
described in paragraph (2) for each of the programs
described in clause (ii).
(ii) INCLUDED PROGRAMS.—The programs included
under clause (i) are—
(I) the youth program authorized under
chapter 2 of subtitle B;
(II) the adult program authorized under
chapter 3 of subtitle B;
(III) the dislocated worker program authorized
under chapter 3 of subtitle B;
(IV) the program of adult education and literacy activities authorized under title II;
(V) the employment services program authorized under sections 1 through 13 of the WagnerPeyser Act (29 U.S.C. 49 et seq.); and
(VI) the program authorized under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741).
(iii) IDENTIFICATION IN STATE PLAN.—Each State
shall identify, in the State plan, expected levels of
performance for each of the corresponding primary
indicators of performance for each of the programs
described in clause (ii) for the first 2 program years
covered by the State plan.
(iv) AGREEMENT ON STATE ADJUSTED LEVELS OF
PERFORMANCE.—
(I) FIRST 2 YEARS.—The State shall reach
agreement with the Secretary of Labor, in conjunction with the Secretary of Education on levels of
performance for each indicator described in clause
(iii) for each of the programs described in clause
(ii) for each of the first 2 program years covered
by the State plan. In reaching the agreement, the
State and the Secretary of Labor in conjunction
with the Secretary of Education shall take into
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account the levels identified in the State plan
under clause (iii) and the factors described in
clause (v). The levels agreed to shall be considered
to be the State adjusted levels of performance for
the State for such program years and shall be
incorporated into the State plan prior to the
approval of such plan.
(II) THIRD AND FOURTH YEAR.—The State and
the Secretary of Labor, in conjunction with the
Secretary of Education, shall reach agreement,
prior to the third program year covered by the
State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third
and fourth program years covered by the State
plan. In reaching the agreement, the State and
Secretary of Labor, in conjunction with the Secretary of Education, shall take into account the
factors described in clause (v). The levels agreed
to shall be considered to be the State adjusted
levels of performance for the State for such program years and shall be incorporated into the
State plan as a modification to the plan.
(v) FACTORS.—In reaching the agreements
described in clause (iv), the State and Secretaries
shall—
(I) take into account how the levels involved
compare with the State adjusted levels of performance established for other States;
(II) ensure that the levels involved are
adjusted, using the objective statistical model
established by the Secretaries pursuant to clause
(viii), based on—
(aa) the differences among States in actual
economic conditions (including differences in
unemployment rates and job losses or gains
in particular industries); and
(bb) the characteristics of participants
when the participants entered the program
involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit
employment, low levels of literacy or English
proficiency, disability status, homelessness, exoffender status, and welfare dependency;
(III) take into account the extent to which
the levels involved promote continuous improvement in performance accountability on the
performance accountability measures by such
State and ensure optimal return on the investment
of Federal funds; and
(IV) take into account the extent to which
the levels involved will assist the State in meeting
the goals described in clause (vi).
(vi) GOALS.—In order to promote enhanced
performance outcomes and to facilitate the process of
Consultation.
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128 STAT. 1475
reaching agreements with the States under clause (iv),
the Secretary of Labor, in conjunction with the Secretary of Education, shall establish performance goals
for the core programs, in accordance with the Government Performance and Results Act of 1993 (Public
Law 103–62; 107 Stat. 285) and the amendments made
by that Act, and in consultation with States and other
appropriate parties. Such goals shall be long-term goals
for the adjusted levels of performance to be achieved
by each of the programs described in clause (ii)
regarding the corresponding primary indicators of
performance described in paragraph (2)(A).
(vii) REVISIONS BASED ON ECONOMIC CONDITIONS
AND INDIVIDUALS SERVED DURING THE PROGRAM YEAR.—
The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with the objective statistical model developed pursuant to clause
(viii), revise the State adjusted levels of performance
applicable for each of the programs described in clause
(ii), for a program year and a State, to reflect the
actual economic conditions and characteristics of
participants (as described in clause (v)(II)) in that program during such program year in such State.
(viii) STATISTICAL ADJUSTMENT MODEL.—The Secretary of Labor and the Secretary of Education, after
consultation with the representatives described in
paragraph (4)(B), shall develop and disseminate an
objective statistical model that will be used to make
the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics
of participants under clauses (v) and (vii).
(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—The State may identify, in the State plan, State
levels of performance for each of the additional indicators
identified under paragraph (2)(B). Such levels shall be
considered to be State adjusted levels of performance for
purposes of this section.
(4) DEFINITIONS OF INDICATORS OF PERFORMANCE.—
(A) IN GENERAL.—In order to ensure nationwide comparability of performance data, the Secretary of Labor and
the Secretary of Education, after consultation with representatives described in subparagraph (B), shall issue
definitions for the indicators described in paragraph (2).
(B) REPRESENTATIVES.—The representatives referred to
in subparagraph (A) are representatives of States and political subdivisions, business and industry, employees, eligible
providers of activities carried out through the core programs, educators, researchers, participants, the lead State
agency officials with responsibility for the programs carried
out through the core programs, individuals with expertise
in serving individuals with barriers to employment, and
other interested parties.
(c) LOCAL PERFORMANCE ACCOUNTABILITY MEASURES FOR SUBTITLE B.—
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Consultation.
PUBL128
128 STAT. 1476
(1) IN GENERAL.—For each local area in a State designated
under section 106, the local performance accountability measures for each of the programs described in subclauses (I)
through (III) of subsection (b)(3)(A)(ii) shall consist of—
(A)(i) the primary indicators of performance described
in subsection (b)(2)(A) that are applicable to such programs;
and
(ii) additional indicators of performance, if any, identified by the State for such programs under subsection
(b)(2)(B); and
(B) the local level of performance for each indicator
described in subparagraph (A).
(2) LOCAL LEVEL OF PERFORMANCE.—The local board, the
chief elected official, and the Governor shall negotiate and
reach agreement on local levels of performance based on the
State adjusted levels of performance established under subsection (b)(3)(A).
(3) ADJUSTMENT FACTORS.—In negotiating the local levels
of performance, the local board, the chief elected official, and
the Governor shall make adjustments for the expected economic
conditions and the expected characteristics of participants to
be served in the local area, using the statistical adjustment
model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to
a program year shall be revised to reflect the actual economic
conditions experienced and the characteristics of the populations served in the local area during such program year
using the statistical adjustment model.
(d) PERFORMANCE REPORTS.—
(1) IN GENERAL.—Not later than 12 months after the date
of enactment of this Act, the Secretary of Labor, in conjunction
with the Secretary of Education, shall develop a template for
performance reports that shall be used by States, local boards,
and eligible providers of training services under section 122
to report on outcomes achieved by the core programs. In developing such templates, the Secretary of Labor, in conjunction
with the Secretary of Education, will take into account the
need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal
policymakers, and other key stakeholders.
(2) CONTENTS OF STATE PERFORMANCE REPORTS.—The
performance report for a State shall include, subject to paragraph (5)(C)—
(A) information specifying the levels of performance
achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State
adjusted levels of performance with respect to such indicators for each program;
(B) information specifying the levels of performance
achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to
individuals with barriers to employment, disaggregated by
each subpopulation of such individuals, and by race, ethnicity, sex, and age;
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1477
(C) the total number of participants served by each
of the programs described in subsection (b)(3)(A)(ii);
(D) the number of participants who received career
and training services, respectively, during the most recent
program year and the 3 preceding program years, and
the amount of funds spent on each type of service;
(E) the number of participants who exited from career
and training services, respectively, during the most recent
program year and the 3 preceding program years;
(F) the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3
preceding program years;
(G) the percentage of participants in a program authorized under this subtitle who received training services and
obtained unsubsidized employment in a field related to
the training received;
(H) the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation
of such individuals;
(I) the number of participants who are enrolled in
more than 1 of the programs described in subsection
(b)(3)(A)(ii);
(J) the percentage of the State’s annual allotment
under section 132(b) that the State spent on administrative
costs;
(K) in the case of a State in which local areas are
implementing pay-for-performance contract strategies for
programs—
(i) the performance of service providers entering
into contracts for such strategies, measured against
the levels of performance specified in the contracts
for such strategies; and
(ii) an evaluation of the design of the programs
and performance of the strategies, and, where possible,
the level of satisfaction with the strategies among
employers and participants benefitting from the strategies; and
(L) other information that facilitates comparisons of
programs with programs in other States.
(3) CONTENTS OF LOCAL AREA PERFORMANCE REPORTS.—
The performance reports for a local area shall include, subject
to paragraph (6)(C)—
(A) the information specified in subparagraphs (A)
through (L) of paragraph (2), for each of the programs
described in subclauses (I) through (III) of subsection
(b)(3)(A)(ii);
(B) the percentage of the local area’s allocation under
sections 128(b) and 133(b) that the local area spent on
administrative costs; and
(C) other information that facilitates comparisons of
programs with programs in other local areas (or planning
regions, as appropriate).
(4) CONTENTS OF ELIGIBLE TRAINING PROVIDERS PERFORMANCE REPORTS.—The performance report for an eligible provider
of training services under section 122 shall include, subject
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PUBL128
128 STAT. 1478
to paragraph (6)(C), with respect to each program of study
(or the equivalent) of such provider—
(A) information specifying the levels of performance
achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection
(b)(2)(A)(i) with respect to all individuals engaging in the
program of study (or the equivalent);
(B) the total number of individuals exiting from the
program of study (or the equivalent);
(C) the total number of participants who received
training services through each of the adult program and
the dislocated worker program authorized under chapter
3 of subtitle B, disaggregated by the type of entity that
provided the training, during the most recent program
year and the 3 preceding program years;
(D) the total number of participants who exited from
training services, disaggregated by the type of entity that
provided the training, during the most recent program
year and the 3 preceding program years;
(E) the average cost per participant for the participants
who received training services, disaggregated by the type
of entity that provided the training, during the most recent
program year and the 3 preceding program years; and
(F) the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by each subpopulation of such
individuals, and by race, ethnicity, sex, and age.
(5) DATA VALIDATION.—In preparing the State reports
described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, in
conjunction with the Secretary of Education, to ensure the
information contained in the reports is valid and reliable.
(6) PUBLICATION.—
(A) STATE PERFORMANCE REPORTS.—The Secretary of
Labor and the Secretary of Education shall annually make
available (including by electronic means), in an easily
understandable format, the performance reports for States
containing the information described in paragraph (2).
(B) LOCAL AREA AND ELIGIBLE TRAINING PROVIDER
PERFORMANCE REPORTS.—The State shall make available
(including by electronic means), in an easily understandable format, the performance reports for the local areas
containing the information described in paragraph (3) and
the performance reports for eligible providers of training
services containing the information described in paragraph
(4).
(C)
RULES
FOR
REPORTING
OF
DATA.—The
disaggregation of data under this subsection shall not be
required when the number of participants in a category
is insufficient to yield statistically reliable information or
when the results would reveal personally identifiable
information about an individual participant.
(D) DISSEMINATION TO CONGRESS.—The Secretary of
Labor and the Secretary of Education shall make available
(including by electronic means) a summary of the reports,
and the reports, required under this subsection to the
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1479
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The Secretaries
shall prepare and make available with the reports a set
of recommendations for improvements in and adjustments
to pay-for-performance contract strategies used under subtitle B.
(e) EVALUATION OF STATE PROGRAMS.—
(1) IN GENERAL.—Using funds authorized under a core program and made available to carry out this section, the State,
in coordination with local boards in the State and the State
agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried
out in the State under such programs. The State, local boards,
and State agencies shall conduct the evaluations in order to
promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve
high-level performance within, and high-level outcomes from,
the workforce development system. The State shall coordinate
the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section
169, section 242(c)(2)(D), and sections 12(a)(5), 14, and 107
of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711,
727) (applied with respect to programs carried out under title
I of that Act (29 U.S.C. 720 et seq.)) and the investigations
provided for by the Secretary of Labor under section 10(b)
of the Wagner-Peyser Act (29 U.S.C. 49i(b)).
(2) DESIGN.—The evaluations conducted under this subsection shall be designed in conjunction with the State board,
State agencies responsible for the administration of the core
programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system. The evaluations shall use
designs that employ the most rigorous analytical and statistical
methods that are reasonably feasible, such as the use of control
groups.
(3) RESULTS.—The State shall annually prepare, submit
to the State board and local boards in the State, and make
available to the public (including by electronic means), reports
containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the
workforce development system.
(4) COOPERATION WITH FEDERAL EVALUATIONS.—The State
shall, to the extent practicable, cooperate in the conduct of
evaluations (including related research projects) provided for
by the Secretary of Labor or the Secretary of Education under
the provisions of Federal law identified in paragraph (1). Such
cooperation shall include the provision of data (in accordance
with appropriate privacy protections established by the Secretary of Labor), the provision of responses to surveys, and
allowing site visits in a timely manner, for the Secretaries
or their agents.
(f) SANCTIONS FOR STATE FAILURE TO MEET STATE PERFORMANCE ACCOUNTABILITY MEASURES.—
(1) STATES.—
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Recommendations.
Public
information.
PUBL128
128 STAT. 1480
Determination.
Reorganization
plan.
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PUBLIC LAW 113–128—JULY 22, 2014
(A) TECHNICAL ASSISTANCE.—If a State fails to meet
the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for
any program year, the Secretary of Labor and the Secretary
of Education shall provide technical assistance, including
assistance in the development of a performance improvement plan.
(B) REDUCTION IN AMOUNT OF GRANT.—If such failure
continues for a second consecutive year, or (except in the
case of exceptional circumstances as determined by the
Secretary of Labor or the Secretary of Education, as appropriate) a State fails to submit a report under subsection
(d) for any program year, the percentage of each amount
that would (in the absence of this paragraph) be reserved
by the Governor under section 128(a) for the immediately
succeeding program year shall be reduced by 5 percentage
points until such date as the Secretary of Labor or the
Secretary of Education, as appropriate, determines that
the State meets such State adjusted levels of performance
and has submitted such reports for the appropriate program years.
(g) SANCTIONS FOR LOCAL AREA FAILURE TO MEET LOCAL
PERFORMANCE ACCOUNTABILITY MEASURES.—
(1) TECHNICAL ASSISTANCE.—If a local area fails to meet
local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker program
authorized under chapter 2 or 3 of subtitle B for a program
described in subsection (d)(2)(A) for any program year, the
Governor, or upon request by the Governor, the Secretary of
Labor, shall provide technical assistance, which may include
assistance in the development of a performance improvement
plan or the development of a modified local plan (or regional
plan).
(2) CORRECTIVE ACTIONS.—
(A) IN GENERAL.—If such failure continues for a third
consecutive year, the Governor shall take corrective actions,
which shall include development of a reorganization plan
through which the Governor shall—
(i) require the appointment and certification of
a new local board, consistent with the criteria established under section 107(b);
(ii) prohibit the use of eligible providers and onestop partners identified as achieving a poor level of
performance; or
(iii) take such other significant actions as the Governor determines are appropriate.
(B) APPEAL BY LOCAL AREA.—
(i) APPEAL TO GOVERNOR.—The local board and
chief elected official for a local area that is subject
to a reorganization plan under subparagraph (A) may,
not later than 30 days after receiving notice of the
reorganization plan, appeal to the Governor to rescind
or revise such plan. In such case, the Governor shall
make a final decision not later than 30 days after
the receipt of the appeal.
(ii) SUBSEQUENT ACTION.—The local board and
chief elected official for a local area may, not later
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PUBL128
PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1481
than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to
the Secretary of Labor. In such case, the Secretary
shall make a final decision not later than 30 days
after the receipt of the appeal.
(C) EFFECTIVE DATE.—The decision made by the Governor under subparagraph (B)(i) shall become effective at
the time the Governor issues the decision pursuant to
such clause. Such decision shall remain effective unless
the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii).
(h) ESTABLISHING PAY-FOR-PERFORMANCE CONTRACT STRATEGY
INCENTIVES.—Using non-Federal funds, the Governor may establish
incentives for local boards to implement pay-for-performance contract strategies for the delivery of training services described in
section 134(c)(3) or activities described in section 129(c)(2) in the
local areas served by the local boards.
(i) FISCAL AND MANAGEMENT ACCOUNTABILITY INFORMATION
SYSTEMS.—
(1) IN GENERAL.—Using funds authorized under a core program and made available to carry out this chapter, the Governor, in coordination with the State board, the State agencies
administering the core programs, local boards, and chief elected
officials in the State, shall establish and operate a fiscal and
management accountability information system based on guidelines established by the Secretary of Labor and the Secretary
of Education after consultation with the Governors of States,
chief elected officials, and one-stop partners. Such guidelines
shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds
authorized under the core programs and for preparing the
annual report described in subsection (d).
(2) WAGE RECORDS.—In measuring the progress of the State
on State and local performance accountability measures, a State
shall utilize quarterly wage records, consistent with State law.
The Secretary of Labor shall make arrangements, consistent
with State law, to ensure that the wage records of any State
are available to any other State to the extent that such wage
records are required by the State in carrying out the State
plan of the State or completing the annual report described
in subsection (d).
(3) CONFIDENTIALITY.—In carrying out the requirements
of this Act, the State shall comply with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
Guidelines.
Consultation.
Subtitle B—Workforce Investment
Activities and Providers
CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES
AND PROVIDERS
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SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
29 USC 3151.
(a) IN GENERAL.—Consistent with an approved State plan, the
local board for a local area, with the agreement of the chief elected
official for the local area, shall—
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PUBL128
128 STAT. 1482
Memorandum.
Certification.
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(1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners;
(2) designate or certify one-stop operators under subsection
(d); and
(3) conduct oversight with respect to the one-stop delivery
system in the local area.
(b) ONE-STOP PARTNERS.—
(1) REQUIRED PARTNERS.—
(A) ROLES AND RESPONSIBILITIES OF ONE-STOP PARTNERS.—Each entity that carries out a program or activities
described in subparagraph (B) in a local area shall—
(i) provide access through the one-stop delivery
system to such program or activities carried out by
the entity, including making the career services
described in section 134(c)(2) that are applicable to
the program or activities available at the one-stop centers (in addition to any other appropriate locations);
(ii) use a portion of the funds available for the
program and activities to maintain the one-stop
delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);
(iii) enter into a local memorandum of understanding with the local board, relating to the operation
of the one-stop system, that meets the requirements
of subsection (c);
(iv) participate in the operation of the one-stop
system consistent with the terms of the memorandum
of understanding, the requirements of this title, and
the requirements of the Federal laws authorizing the
program or activities; and
(v) provide representation on the State board to
the extent provided under section 101.
(B) PROGRAMS AND ACTIVITIES.—The programs and
activities referred to in subparagraph (A) consist of—
(i) programs authorized under this title;
(ii) programs authorized under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.);
(iii) adult education and literacy activities authorized under title II;
(iv) programs authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other
than section 112 or part C of title I of such Act (29
U.S.C. 732, 741);
(v) activities authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.);
(vi) career and technical education programs at
the postsecondary level authorized under the Carl D.
Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.);
(vii) activities authorized under chapter 2 of title
II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.);
(viii) activities authorized under chapter 41 of title
38, United States Code;
(ix) employment and training activities carried out
under the Community Services Block Grant Act (42
U.S.C. 9901 et seq.);
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1483
(x) employment and training activities carried out
by the Department of Housing and Urban Development;
(xi) programs authorized under State unemployment compensation laws (in accordance with applicable
Federal law);
(xii) programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532); and
(xiii) programs authorized under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.),
subject to subparagraph (C).
(C) DETERMINATION BY THE GOVERNOR.—
(i) IN GENERAL.—An entity that carries out a program referred to in subparagraph (B)(xiii) shall be
included in the one-stop partners for the local area,
as a required partner, for purposes of this Act and
the other core program provisions that are not part
of this Act, unless the Governor provides the notification described in clause (ii).
(ii) NOTIFICATION.—The notification referred to in
clause (i) is a notification that—
(I) is made in writing of a determination by
the Governor not to include such entity in the
one-stop partners described in clause (i); and
(II) is provided to the Secretary of Labor
(referred to in this subtitle, and subtitles C
through E, as the ‘‘Secretary’’) and the Secretary
of Health and Human Services.
(2) ADDITIONAL PARTNERS.—
(A) IN GENERAL.—With the approval of the local board
and chief elected official, in addition to the entities
described in paragraph (1), other entities that carry out
workforce development programs described in subparagraph (B) may be one-stop partners for the local area
and carry out the responsibilities described in paragraph
(1)(A).
(B) PROGRAMS.—The programs referred to in subparagraph (A) may include—
(i) employment and training programs administered by the Social Security Administration, including
the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act
(42 U.S.C. 1320b–19);
(ii) employment and training programs carried out
by the Small Business Administration;
(iii) programs authorized under section 6(d)(4) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4));
(iv) work programs authorized under section 6(o)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o));
(v) programs carried out under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732);
(vi) programs authorized under the National and
Community Service Act of 1990 (42 U.S.C. 12501 et
seq.); and
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128 STAT. 1484
PUBLIC LAW 113–128—JULY 22, 2014
(vii) other appropriate Federal, State, or local programs, including employment, education, and training
programs provided by public libraries or in the private
sector.
(c) MEMORANDUM OF UNDERSTANDING.—
(1) DEVELOPMENT.—The local board, with the agreement
of the chief elected official, shall develop and enter into a
memorandum of understanding (between the local board and
the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the
local area.
(2) CONTENTS.—Each memorandum of understanding shall
contain—
(A) provisions describing—
(i) the services to be provided through the onestop delivery system consistent with the requirements
of this section, including the manner in which the
services will be coordinated and delivered through such
system;
(ii) how the costs of such services and the operating
costs of such system will be funded, including—
(I) funding through cash and in-kind contributions (fairly evaluated), which contributions may
include funding from philanthropic organizations
or other private entities, or through other alternative financing options, to provide a stable and
equitable funding stream for ongoing one-stop
delivery system operations; and
(II) funding of the infrastructure costs of onestop centers in accordance with subsection (h);
(iii) methods of referral of individuals between the
one-stop operator and the one-stop partners for appropriate services and activities;
(iv) methods to ensure the needs of workers and
youth, and individuals with barriers to employment,
including individuals with disabilities, are addressed
in the provision of necessary and appropriate access
to services, including access to technology and materials, made available through the one-stop delivery
system; and
(v) the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and
assurances that such memorandum shall be reviewed
not less than once every 3-year period to ensure appropriate funding and delivery of services; and
(B) such other provisions, consistent with the requirements of this title, as the parties to the agreement determine to be appropriate.
(d) ONE-STOP OPERATORS.—
(1) LOCAL DESIGNATION AND CERTIFICATION.—Consistent
with paragraphs (2) and (3), the local board, with the agreement
of the chief elected official, is authorized to designate or certify
one-stop operators and to terminate for cause the eligibility
of such operators.
(2) ELIGIBILITY.—To be eligible to receive funds made available under this subtitle to operate a one-stop center referred
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1485
to in subsection (e), an entity (which may be a consortium
of entities)—
(A) shall be designated or certified as a one-stop operator through a competitive process; and
(B) shall be an entity (public, private, or nonprofit),
or consortium of entities (including a consortium of entities
that, at a minimum, includes 3 or more of the one-stop
partners described in subsection (b)(1)), of demonstrated
effectiveness, located in the local area, which may include—
(i) an institution of higher education;
(ii) an employment service State agency established under the Wagner-Peyser Act (29 U.S.C. 49
et seq.), on behalf of the local office of the agency;
(iii) a community-based organization, nonprofit
organization, or intermediary;
(iv) a private for-profit entity;
(v) a government agency; and
(vi) another interested organization or entity,
which may include a local chamber of commerce or
other business organization, or a labor organization.
(3) EXCEPTION.—Elementary schools and secondary schools
shall not be eligible for designation or certification as onestop operators, except that nontraditional public secondary
schools and area career and technical education schools may
be eligible for such designation or certification.
(4) ADDITIONAL REQUIREMENTS.—The State and local
boards shall ensure that in carrying out activities under this
title, one-stop operators—
(A) disclose any potential conflicts of interest arising
from the relationships of the operators with particular
training service providers or other service providers;
(B) do not establish practices that create disincentives
to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and
(C) comply with Federal regulations, and procurement
policies, relating to the calculation and use of profits.
(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM.—
(1) IN GENERAL.—There shall be established in each local
area in a State that receives an allotment under section 132(b)
a one-stop delivery system, which shall—
(A) provide the career services described in section
134(c)(2);
(B) provide access to training services as described
in section 134(c)(3), including serving as the point of access
to training services for participants in accordance with
section 134(c)(3)(G);
(C) provide access to the employment and training
activities carried out under section 134(d), if any;
(D) provide access to programs and activities carried
out by one-stop partners described in subsection (b); and
(E) provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act
(29 U.S.C. 49l–2(a)) and all job search, placement, recruitment, and other labor exchange services authorized under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(2) ONE-STOP DELIVERY.—The one-stop delivery system—
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(A) at a minimum, shall make each of the programs,
services, and activities described in paragraph (1) accessible
at not less than 1 physical center in each local area of
the State; and
(B) may also make programs, services, and activities
described in paragraph (1) available—
(i) through a network of affiliated sites that can
provide 1 or more of the programs, services, and activities to individuals; and
(ii) through a network of eligible one-stop partners—
(I) in which each partner provides 1 or more
of the programs, services, and activities to such
individuals and is accessible at an affiliated site
that consists of a physical location or an electronically or technologically linked access point; and
(II) that assures individuals that information
on the availability of the career services will be
available regardless of where the individuals initially enter the statewide workforce development
system, including information made available
through an access point described in subclause
(I);
(C) may have specialized centers to address special
needs, such as the needs of dislocated workers, youth,
or key industry sectors or clusters; and
(D) as applicable and practicable, shall make programs,
services, and activities accessible to individuals through
electronic means in a manner that improves efficiency,
coordination, and quality in the delivery of one-stop partner
services.
(3) COLOCATION OF WAGNER-PEYSER SERVICES.—Consistent
with section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)),
and in order to improve service delivery, avoid duplication
of services, and enhance coordination of services, including
location of staff to ensure access to services in underserved
areas, the employment service offices in each State shall be
colocated with one-stop centers established under this title.
(4) USE OF COMMON ONE-STOP DELIVERY SYSTEM IDENTIFIER.—In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities,
and related property and materials, a common one-stop delivery
system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and
local boards and of other stakeholders in the one-stop delivery
system, not later than the beginning of the second full program
year after the date of enactment of this Act. Such common
identifier may consist of a logo, phrase, or other identifier
that informs users of the one-stop delivery system that such
products, programs, activities, services, facilities, property, or
materials are being provided through such system. Nothing
in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers.
(f) APPLICATION TO CERTAIN VOCATIONAL REHABILITATION PROGRAMS.—
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128 STAT. 1487
(1) LIMITATION.—Nothing in this section shall be construed
to apply to part C of title I of the Rehabilitation Act of 1973
(29 U.S.C. 741).
(2) CLIENT ASSISTANCE.—Nothing in this Act shall be construed to require that any entity carrying out a client assistance
program authorized under section 112 of the Rehabilitation
Act of 1973 (29 U.S.C. 732)—
(A) be included as a mandatory one-stop partner under
subsection (b)(1); or
(B) if the entity is included as an additional one-stop
partner under subsection (b)(2)—
(i) violate the requirement of section 112(c)(1)(A)
of that Act (29 U.S.C. 732(c)(1)(A)) that the entity
be independent of any agency that provides treatment,
services, or rehabilitation to individuals under that
Act; or
(ii) carry out any activity not authorized under
section 112 of that Act (including appropriate Federal
regulations).
(g) CERTIFICATION AND CONTINUOUS IMPROVEMENT OF ONESTOP CENTERS.—
(1) IN GENERAL.—In order to be eligible to receive infrastructure funding described in subsection (h), the State board,
in consultation with chief elected officials and local boards,
shall establish objective criteria and procedures for use by
local boards in assessing at least once every 3 years the
effectiveness, physical and programmatic accessibility in accordance with section 188, if applicable, and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and continuous improvement of one-stop centers and the one-stop delivery
system, consistent with the requirements of section 101(d)(6).
(2) CRITERIA.—The criteria and procedures developed under
this subsection shall include standards relating to service
coordination achieved by the one-stop delivery system with
respect to the programs administered by the one-stop partners
at the one-stop centers. Such criteria and procedures shall—
(A) be developed in a manner that is consistent with
the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the
chief elected officials and local boards, for such partners’
participation under subsections (h)(1) and (i); and
(B) include such factors relating to the effectiveness,
accessibility, and improvement of the one-stop delivery
system as the State board determines to be appropriate,
including at a minimum how well the one-stop center—
(i) supports the achievement of the negotiated local
levels of performance for the indicators of performance
described in section 116(b)(2) for the local area;
(ii) integrates available services; and
(iii) meets the workforce development and employment needs of local employers and participants.
(3) LOCAL CRITERIA.—Consistent with the criteria developed
under paragraph (1) by the State, a local board in the State
may develop additional criteria (or higher levels of service
coordination than required for the State-developed criteria)
relating to service coordination achieved by the one-stop
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Procedures.
Assessment.
Time period.
Consultation.
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Effective date.
Applicability.
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delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and
demographic, conditions and trends in the local area.
(4) EFFECT OF CERTIFICATION.—One-stop centers certified
under this subsection shall be eligible to receive the infrastructure funding described in subsection (h).
(5) REVIEW AND UPDATE.—The criteria and procedures
established under this subsection shall be reviewed and updated
by the State board or the local board, as the case may be,
as part of the biennial process for review and modification
of State and local plans described in sections 102(c)(2) and
108(a).
(h) FUNDING OF ONE-STOP INFRASTRUCTURE.—
(1) IN GENERAL.—
(A) OPTIONS FOR INFRASTRUCTURE FUNDING.—
(i) LOCAL OPTIONS.—The local board, chief elected
officials, and one-stop partners described in subsection
(b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through—
(I) methods agreed on by the local board, chief
elected officials, and one-stop partners (and
described in the memorandum of understanding
described in subsection (c)); or
(II) if no consensus agreement on methods
is reached under subclause (I), the State infrastructure funding mechanism described in paragraph (2).
(ii) FAILURE TO REACH CONSENSUS AGREEMENT ON
FUNDING METHODS.—Beginning July 1, 2016, if the
local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail
to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop
centers for a program year, the State infrastructure
funding mechanism described in paragraph (2) shall
be applicable to such local area for that program year
and for each subsequent program year for which those
entities and individuals fail to reach such agreement.
(B) GUIDANCE FOR INFRASTRUCTURE FUNDING.—In
addition to carrying out the requirements relating to the
State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief
elected officials, local boards, and the State board, and
consistent with the guidance and policies provided by the
State board under subparagraphs (B) and (C)(i) of section
101(d)(7), shall provide, for the use of local areas under
subparagraph (A)(i)(I)—
(i) guidelines for State-administered one-stop
partner programs, for determining such programs’ contributions to a one-stop delivery system, based on such
programs’ proportionate use of such system consistent
with chapter II of title 2, Code of Federal Regulations
(or any corresponding similar regulation or ruling),
including determining funding for the costs of infrastructure, which contributions shall be negotiated
pursuant to the memorandum of understanding under
subsection (c); and
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128 STAT. 1489
(ii) guidance to assist local boards, chief elected
officials, and one-stop partners in local areas in determining equitable and stable methods of funding the
costs of infrastructure of one-stop centers in such areas.
(2) STATE ONE-STOP INFRASTRUCTURE FUNDING.—
(A) DEFINITION.—In this paragraph, the term ‘‘covered
portion’’, used with respect to funding for a fiscal year
for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal
funds provided to a State (including local areas within
the State) under the Federal law authorizing that program
described in subsection (b)(1) for the fiscal year (taking
into account the availability of funding for purposes related
to infrastructure from philanthropic organizations, private
entities, or other alternative financing options).
(B) PARTNER CONTRIBUTIONS.—Subject to subparagraph (D), for local areas in a State that are not covered
by paragraph (1)(A)(i)(I), the covered portions of funding
for a fiscal year shall be provided to the Governor from
the programs described in subsection (b)(1), to assist in
paying the costs of infrastructure of one-stop centers in
those local areas of the State not adequately funded under
the option described in paragraph (1)(A)(i)(I).
(C) DETERMINATION OF GOVERNOR.—
(i) IN GENERAL.—Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief
elected officials, local boards, and the State board,
shall determine the portion of funds to be provided
under subparagraph (B) by each one-stop partner from
each program described in subparagraph (B). In
making such determination for the purpose of determining funding contributions, for funding pursuant to
clause (i)(II) or (ii) of paragraph (1)(A) by each partner,
the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or
ruling), taking into account the costs of administration
of the one-stop delivery system for purposes not related
to one-stop centers, for each partner. The Governor
shall exclude from such determination of funds the
amounts for proportionate use of one-stop centers
attributable to the programs of one-stop partners for
those local areas of the State where the costs of infrastructure of one-stop centers are funded under the
option described in paragraph (1)(A)(i)(I). The Governor
shall also take into account the statutory requirements
for each partner program and the partner program’s
ability to fulfill such requirements.
(ii) SPECIAL RULE.—In a State in which the State
constitution or a State statute places policymaking
authority that is independent of the authority of the
Governor in an entity or official with respect to the
funds provided for adult education and literacy activities authorized under title II, postsecondary career and
technical education activities authorized under the
Carl D. Perkins Career and Technical Education Act
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PUBLIC LAW 113–128—JULY 22, 2014
of 2006 (20 U.S.C. 2301 et seq.), or vocational
rehabilitation services offered under a provision covered by section 3(13)(D), the determination described
in clause (i) with respect to the programs authorized
under that title, Act, or provision shall be made by
the chief officer of the entity, or the official, with such
authority in consultation with the Governor.
(D) LIMITATIONS.—
(i) PROVISION FROM ADMINISTRATIVE FUNDS.—
(I) IN GENERAL.—Subject to subclause (II), the
funds provided under this paragraph by each onestop partner shall be provided only from funds
available for the costs of administration under the
program administered by such partner, and shall
be subject to the program’s limitations with respect
to the portion of funds under such program that
may be used for administration.
(II) EXCEPTIONS.—Nothing in this clause shall
be construed to apply to the programs carried out
under this title, or under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(ii) CAP ON REQUIRED CONTRIBUTIONS.—For local
areas in a State that are not covered by paragraph
(1)(A)(i)(I), the following rules shall apply:
(I) WIA FORMULA PROGRAMS AND EMPLOYMENT
SERVICE.—The portion of funds required to be
contributed under this paragraph from a program
authorized under chapter 2 or 3, or the WagnerPeyser Act (29 U.S.C. 49 et seq.) shall not exceed
3 percent of the amount of Federal funds provided
to carry out that program in the State for a fiscal
year.
(II) OTHER ONE-STOP PARTNERS.—The portion
of funds required to be contributed under this
paragraph from a program described in subsection
(b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the
amount of Federal funds provided to carry out
that program in the State for a fiscal year.
(III) VOCATIONAL REHABILITATION.—Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection
(b)(1)(B)(iv) shall not be required to provide from
that program, under this paragraph, a portion that
exceeds—
(aa) 0.75 percent of the amount of Federal
funds provided to carry out such program in
the State for the second full program year
that begins after the date of enactment of
this Act;
(bb) 1.0 percent of the amount provided
to carry out such program in the State for
the third full program year that begins after
such date;
(cc) 1.25 percent of the amount provided
to carry out such program in the State for
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128 STAT. 1491
the fourth full program year that begins after
such date; and
(dd) 1.5 percent of the amount provided
to carry out such program in the State for
the fifth and each succeeding full program
year that begins after such date.
(iii) FEDERAL DIRECT SPENDING PROGRAMS.—For
local areas in a State that are not covered by paragraph
(1)(A)(i)(I), an entity administering a program funded
with direct spending as defined in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control
Act of 1985, as in effect on February 15, 2014 (2
U.S.C. 900(c)(8)) shall not be required to provide, for
purposes of this paragraph, an amount in excess of
the amount determined under subparagraph (C)(i) to
be equivalent to the cost of the proportionate use of
the one-stop centers for the one-stop partner for such
program in the State.
(iv) NATIVE AMERICAN PROGRAMS.—One-stop partners for Native American programs established under
section 166 shall not be subject to the provisions of
this subsection (other than this clause) or subsection
(i). For purposes of subsection (c)(2)(A)(ii)(II), the
method for determining the appropriate portion of
funds to be provided by such partners to pay for the
costs of infrastructure of a one-stop center shall be
determined as part of the development of the memorandum of understanding under subsection (c) for the
one-stop center and shall be stated in the memorandum.
(E) APPEAL BY ONE-STOP PARTNERS.—The Governor
shall establish a process, described under section
102(b)(2)(D)(i)(IV), for a one-stop partner administering a
program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided
under this paragraph. Such a determination may be
appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the
appeal in order to ensure the funds are distributed in
a timely manner, consistent with the requirements of section 182(e).
(3) ALLOCATION BY GOVERNOR.—
(A) IN GENERAL.—From the funds provided under paragraph (1), the Governor shall allocate the funds to local
areas described in subparagraph (B) in accordance with
the formula established under subparagraph (B) for the
purposes of assisting in paying the costs of infrastructure
of one-stop centers.
(B) ALLOCATION FORMULA.—The State board shall
develop a formula to be used by the Governor to allocate
the funds provided under paragraph (1) to local areas not
funding costs of infrastructure under the option described
in paragraph (1)(A)(i)(I). The formula shall be based on
factors including the number of one-stop centers in a local
area, the population served by such centers, the services
provided by such centers, and other factors relating to
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the performance of such centers that the State board determines are appropriate.
(4) COSTS OF INFRASTRUCTURE.—In this subsection, the
term ‘‘costs of infrastructure’’, used with respect to a onestop center, means the nonpersonnel costs that are necessary
for the general operation of the one-stop center, including the
rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and
assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including
the center’s planning and outreach activities.
(i) OTHER FUNDS.—
(1) IN GENERAL.—Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery
system involved, in addition to the funds provided to carry
out subsection (h), a portion of funds made available under
Federal law authorizing the programs described in subsection
(b) and administered by one-stop partners, or the noncash
resources available under such programs, shall be used to pay
the additional costs relating to the operation of the one-stop
delivery system that are not paid from the funds provided
under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law
involved. Such costs shall include the costs of the provision
of career services described in section 134(c)(2) applicable to
each program and may include common costs that are not
paid from the funds provided under subsection (h).
(2) SHARED SERVICES.—The costs described under paragraph (1) may include costs of services that are authorized
for and may be commonly provided through the one-stop
partner programs to any individual, such as initial intake,
assessment of needs, appraisal of basic skills, identification
of appropriate services to meet such needs, referrals to other
one-stop partners, and other similar services.
(3) DETERMINATION AND GUIDANCE.—The method for determining the appropriate portion of funds and noncash resources
to be provided by the one-stop partner for each program under
paragraph (1) for a one-stop center shall be determined as
part of the development of the memorandum of understanding
under subsection (c) for the one-stop center and shall be stated
in the memorandum. The State board shall provide guidance
to facilitate the determination, for purposes of the memorandum
of understanding, of an appropriate allocation of the funds
and noncash resources in local areas, consistent with the
requirements of section 101(d)(6)(C).
Definition.
29 USC 3152.
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING
SERVICES.
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(a) ELIGIBILITY.—
(1) IN GENERAL.—Except as provided in subsection (h),
the Governor, after consultation with the State board, shall
establish criteria, information requirements, and procedures
regarding the eligibility of providers of training services to
receive funds provided under section 133(b) for the provision
of training services in local areas in the State.
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(2) PROVIDERS.—Subject to the provisions of this section,
to be eligible to receive those funds for the provision of training
services, the provider shall be—
(A) an institution of higher education that provides
a program that leads to a recognized postsecondary credential;
(B) an entity that carries out programs registered
under the Act of August 16, 1937 (commonly known as
the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); or
(C) another public or private provider of a program
of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under title II if such activities
are provided in combination with occupational skills
training.
(3) INCLUSION IN LIST OF ELIGIBLE PROVIDERS.—A provider
described in subparagraph (A) or (C) of paragraph (2) shall
comply with the criteria, information requirements, and procedures established under this section to be included on the
list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be
included and maintained on the list of eligible providers of
training services described in subsection (d) for so long as
the corresponding program of the provider remains registered
as described in paragraph (2)(B).
(b) CRITERIA AND INFORMATION REQUIREMENTS.—
(1) STATE CRITERIA.—In establishing criteria pursuant to
subsection (a), the Governor shall take into account each of
the following:
(A) The performance of providers of training services
with respect to—
(i) the performance accountability measures and
other matters for which information is required under
paragraph (2); and
(ii) other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this subtitle
(taking into consideration the characteristics of the
population served and relevant economic conditions),
and the outcomes of the program through which those
training services were provided for students in general
with respect to employment and earnings as defined
under section 116(b)(2).
(B) The need to ensure access to training services
throughout the State, including in rural areas, and through
the use of technology.
(C) Information reported to State agencies with respect
to Federal and State programs involving training services
(other than the program carried out under this subtitle),
including one-stop partner programs.
(D) The degree to which the training programs of such
providers relate to in-demand industry sectors and occupations in the State.
(E) The requirements for State licensing of providers
of training services, and the licensing status of providers
of training services if applicable.
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(F) Ways in which the criteria can encourage, to the
extent practicable, the providers to use industry-recognized
certificates or certifications.
(G) The ability of the providers to offer programs that
lead to recognized postsecondary credentials.
(H) The quality of a program of training services,
including a program of training services that leads to a
recognized postsecondary credential.
(I) The ability of the providers to provide training
services to individuals who are employed and individuals
with barriers to employment.
(J) Such other factors as the Governor determines are
appropriate to ensure—
(i) the accountability of the providers;
(ii) that the one-stop centers in the State will
ensure that such providers meet the needs of local
employers and participants;
(iii) the informed choice of participants among
training services providers; and
(iv) that the collection of information required to
demonstrate compliance with the criteria is not unduly
burdensome or costly to providers.
(2) STATE INFORMATION REQUIREMENTS.—The information
requirements established by the Governor shall require that
a provider of training services submit appropriate, accurate,
and timely information to the State, to enable the State to
carry out subsection (d), with respect to participants receiving
training services under this subtitle in the applicable program,
including—
(A) information on the performance of the provider
with respect to the performance accountability measures
described in section 116 for such participants (taking into
consideration the characteristics of the population served
and relevant economic conditions), and information specifying the percentage of such participants who entered
unsubsidized employment in an occupation related to the
program, to the extent practicable;
(B) information on recognized postsecondary credentials received by such participants;
(C) information on cost of attendance, including costs
of tuition and fees, for participants in the program;
(D) information on the program completion rate for
such participants; and
(E) information on the criteria described in paragraph
(1).
(3) LOCAL CRITERIA AND INFORMATION REQUIREMENTS.—
A local board in the State may establish criteria and information requirements in addition to the criteria and information
requirements established by the Governor, or may require
higher levels of performance than required for the criteria
established by the Governor, for purposes of determining the
eligibility of providers of training services to receive funds
described in subsection (a) for the provision of training services
in the local area involved.
(4) CRITERIA AND INFORMATION REQUIREMENTS TO ESTABLISH INITIAL ELIGIBILITY.—
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(A) PURPOSE.—The purpose of this paragraph is to
enable the providers of programs carried out under chapter
3 to offer the highest quality training services and be
responsive to in-demand and emerging industries by providing training services for those industries.
(B) INITIAL ELIGIBILITY.—Providers may seek initial
eligibility under this paragraph as providers of training
services and may receive that initial eligibility for only
1 fiscal year for a particular program. The criteria and
information requirements established by the Governor
under this paragraph shall require that a provider who
has not previously been an eligible provider of training
services under this section (or section 122 of the Workforce
Investment Act of 1998, as in effect on the day before
the date of enactment of this Act) provide the information
described in subparagraph (C).
(C) INFORMATION.—The provider shall provide
verifiable program-specific performance information based
on criteria established by the State as described in subparagraph (D) that supports the provider’s ability to serve
participants under this subtitle.
(D) CRITERIA.—The criteria described in subparagraph
(C) shall include at least—
(i) a factor related to indicators described in section
116;
(ii) a factor concerning whether the provider is
in a partnership with business;
(iii) other factors that indicate high-quality
training services, including the factor described in
paragraph (1)(H); and
(iv) a factor concerning alignment of the training
services with in-demand industry sectors and occupations, to the extent practicable.
(E) PROVISION.—The provider shall provide the
information described in subparagraph (C) to the Governor
and the local board in a manner that will permit the
Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers
described in subsection (d).
(F) LIMITATION.—A provider that receives initial eligibility under this paragraph for a program shall be subject
to the requirements under subsection (c) for that program
after such initial eligibility expires.
(c) PROCEDURES.—
(1) APPLICATION PROCEDURES.—The procedures established
under subsection (a) shall identify the application process for
a provider of training services to become eligible to receive
funds provided under section 133(b) for the provision of training
services. The procedures shall identify the respective roles of
the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based
on the criteria, information, and procedures established under
this section. The procedures shall also establish a process for
a provider of training services to appeal a denial or termination
of eligibility under this section that includes an opportunity
for a hearing and prescribes appropriate time limits to ensure
prompt resolution of the appeal.
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Public
information.
Recommendations.
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Determination.
Termination.
Time period.
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PUBLIC LAW 113–128—JULY 22, 2014
(2) RENEWAL PROCEDURES.—The procedures established by
the Governor shall also provide for biennial review and renewal
of eligibility under this section for providers of training services.
(d) LIST AND INFORMATION TO ASSIST PARTICIPANTS IN
CHOOSING PROVIDERS.—
(1) IN GENERAL.—In order to facilitate and assist participants in choosing employment and training activities and in
choosing providers of training services, the Governor shall
ensure that an appropriate list of providers determined to be
eligible under this section to offer a program in the State
(and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered
by the provider and other appropriate information, is prepared.
The list shall be provided to the local boards in the State,
and made available to such participants and to members of
the public through the one-stop delivery system in the State.
(2) ACCOMPANYING INFORMATION.—The accompanying
information shall—
(A) with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local
areas served, as applicable, in accordance with subsection
(b);
(B) with respect to providers described in subsection
(b)(4), consist of information provided by such providers
in accordance with subsection (b)(4); and
(C) such other information as the Governor determines
to be appropriate.
(3) AVAILABILITY.—The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in
the State, in a manner that does not reveal personally identifiable information about an individual participant.
(4) LIMITATION.—In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including a Social Security number, student identification number, or other identifier, may be disclosed without the
prior written consent of the parent or student in compliance
with section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
(e) OPPORTUNITY TO SUBMIT COMMENTS.—In establishing,
under this section, criteria, information requirements, procedures,
and the list of eligible providers described in subsection (d), the
Governor shall provide an opportunity for interested members of
the public to make recommendations and submit comments
regarding such criteria, information requirements, procedures, and
list.
(f) ENFORCEMENT.—
(1) IN GENERAL.—The procedures established under this
section shall provide the following:
(A) INTENTIONALLY SUPPLYING INACCURATE INFORMATION.—Upon a determination, by an individual or entity
specified in the procedures, that a provider of training
services, or individual providing information on behalf of
the provider, violated this section (or section 122 of the
Workforce Investment Act of 1998, as in effect on the
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1497
day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under
chapter 3 shall be terminated for a period of time that
is not less than 2 years.
(B) SUBSTANTIAL VIOLATIONS.—Upon a determination,
by an individual or entity specified in the procedures, that
a provider of training services substantially violated any
requirement under this title (or title I of the Workforce
Investment Act of 1998, as in effect on the day before
such date of enactment), the eligibility of such provider
to receive funds under chapter 3 for the program involved
shall be terminated for a period of not less than 2 years.
(C) REPAYMENT.—A provider of training services whose
eligibility is terminated under subparagraph (A) or (B)
shall be liable for the repayment of funds received under
chapter 5 of subtitle B of title I of the Workforce Investment
Act of 1998, as in effect on the day before such date
of enactment, or chapter 3 of this subtitle during a period
of violation described in such subparagraph.
(2) CONSTRUCTION.—Paragraph (1) shall be construed to
provide remedies and penalties that supplement, but shall not
supplant, civil and criminal remedies and penalties specified
in other provisions of law.
(g) AGREEMENTS WITH OTHER STATES.—States may enter into
agreements, on a reciprocal basis, to permit eligible providers of
training services to accept individual training accounts provided
in another State.
(h) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, INCUMBENT
WORKER TRAINING, AND OTHER TRAINING EXCEPTIONS.—
(1) IN GENERAL.—Providers of on-the-job training, customized training, incumbent worker training, internships, and
paid or unpaid work experience opportunities, or transitional
employment shall not be subject to the requirements of subsections (a) through (f).
(2) COLLECTION AND DISSEMINATION OF INFORMATION.—A
one-stop operator in a local area shall collect such performance
information from providers of on-the-job training, customized
training, incumbent worker training, internships, paid or
unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information
to determine whether the providers meet such performance
criteria as the Governor may require. The one-stop operator
shall disseminate information identifying such providers that
meet the criteria as eligible providers, and the performance
information, through the one-stop delivery system. Providers
determined to meet the criteria shall be considered to be identified as eligible providers of training services.
(i) TRANSITION PERIOD FOR IMPLEMENTATION.—The Governor
and local boards shall implement the requirements of this section
not later than 12 months after the date of enactment of this Act.
In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers
eligible to provide training services under chapter 5 of subtitle
B of title I of the Workforce Investment Act of 1998, as such
chapter was in effect on the day before the date of enactment
of this Act, may continue to be eligible to provide such services
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Deadline.
Termination
date.
PUBL128
128 STAT. 1498
PUBLIC LAW 113–128—JULY 22, 2014
until December 31, 2015, or until such earlier date as the Governor
determines to be appropriate.
29 USC 3153.
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE INVESTMENT
ACTIVITIES.
Grants.
Contracts.
(a) IN GENERAL.—From the funds allocated under section 128(b)
to a local area, the local board for such area shall award grants
or contracts on a competitive basis to providers of youth workforce
investment activities identified based on the criteria in the State
plan (including such quality criteria as the Governor shall establish
for a training program that leads to a recognized postsecondary
credential), and taking into consideration the ability of the providers
to meet performance accountability measures based on primary
indicators of performance for the youth program as described in
section 116(b)(2)(A)(ii), as described in section 102(b)(2)(D)(i)(V),
and shall conduct oversight with respect to such providers.
(b) EXCEPTIONS.—A local board may award grants or contracts
on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment
activities in the local area involved (such as a rural area) for
grants and contracts to be awarded on a competitive basis under
subsection (a).
Determination.
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CHAPTER 2—YOUTH WORKFORCE INVESTMENT
ACTIVITIES
Grants.
29 USC 3161.
SEC. 126. GENERAL AUTHORIZATION.
29 USC 3162.
SEC. 127. STATE ALLOTMENTS.
The Secretary shall make an allotment under section
127(b)(1)(C) to each State that meets the requirements of section
102 or 103 and a grant under section 127(b)(1)(B) to each outlying
area that complies with the requirements of this title, to assist
the State or outlying area, and to enable the State or outlying
area to assist local areas, for the purpose of providing workforce
investment activities for eligible youth in the State or outlying
area and in the local areas.
(a) IN GENERAL.—The Secretary shall—
(1) for each fiscal year for which the amount appropriated
under section 136(a) exceeds $925,000,000, reserve 4 percent
of the excess amount to provide youth workforce investment
activities under section 167 (relating to migrant and seasonal
farmworkers); and
(2) use the remainder of the amount appropriated under
section 136(a) for a fiscal year to make allotments and grants
in accordance with subsection (b).
(b) ALLOTMENT AMONG STATES.—
(1) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—
(A) NATIVE AMERICANS.—From the amount appropriated under section 136(a) for a fiscal year that is not
reserved under subsection (a)(1), the Secretary shall reserve
not more than 11⁄2 percent of such amount to provide
youth workforce investment activities under section 166
(relating to Native Americans).
(B) OUTLYING AREAS.—
(i) IN GENERAL.—From the amount appropriated
under section 136(a) for each fiscal year that is not
reserved under subsection (a)(1) and subparagraph (A),
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1499
the Secretary shall reserve not more than 1⁄4 of 1
percent of such amount to provide assistance to the
outlying areas to carry out youth workforce investment
activities and statewide workforce investment activities.
(ii) LIMITATION FOR OUTLYING AREAS.—
(I) COMPETITIVE GRANTS.—The Secretary shall
use funds reserved under clause (i) to award grants
to outlying areas to carry out youth workforce
investment activities and statewide workforce
investment activities.
(II) AWARD BASIS.—The Secretary shall award
grants pursuant to subclause (I) on a competitive
basis and pursuant to the recommendations of
experts in the field of employment and training,
working through the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(III) ADMINISTRATIVE COSTS.—The Secretary
may provide not more than 5 percent of the funds
made available for grants under subclause (I) to
pay the administrative costs of the Pacific Region
Educational Laboratory in Honolulu, Hawaii,
regarding activities assisted under this clause.
(iii) ADDITIONAL REQUIREMENT.—The provisions of
section 501 of Public Law 95–134 (48 U.S.C. 1469a),
permitting the consolidation of grants by the outlying
areas, shall not apply to assistance provided to those
areas, including Palau, under this subparagraph.
(C) STATES.—
(i) IN GENERAL.—From the remainder of the
amount appropriated under section 136(a) for a fiscal
year that exists after the Secretary determines the
amounts to be reserved under subsection (a)(1) and
subparagraphs (A) and (B), the Secretary shall make
allotments to the States in accordance with clause
(ii) for youth workforce investment activities and statewide workforce investment activities.
(ii) FORMULA.—Subject to clauses (iii) and (iv), of
the remainder—
(I) 331⁄3 percent shall be allotted on the basis
of the relative number of unemployed individuals
in areas of substantial unemployment in each
State, compared to the total number of unemployed
individuals in areas of substantial unemployment
in all States;
(II) 331⁄3 percent shall be allotted on the basis
of the relative excess number of unemployed
individuals in each State, compared to the total
excess number of unemployed individuals in all
States; and
(III) 331⁄3 percent shall be allotted on the basis
of the relative number of disadvantaged youth in
each State, compared to the total number of disadvantaged youth in all States, except as described
in clause (iii).
(iii) CALCULATION.—In determining an allotment
under clause (ii)(III) for any State in which there is
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128 STAT. 1500
PUBLIC LAW 113–128—JULY 22, 2014
an area that was designated as a local area as
described in section 107(c)(1)(C), the allotment shall
be based on the higher of—
(I) the number of individuals who are age
16 through 21 in families with an income below
the low-income level in such area; or
(II) the number of disadvantaged youth in such
area.
(iv) MINIMUM AND MAXIMUM PERCENTAGES AND
MINIMUM ALLOTMENTS.—In making allotments under
this subparagraph, the Secretary shall ensure the following:
(I) MINIMUM PERCENTAGE AND ALLOTMENT.—
Subject to subclause (IV), the Secretary shall
ensure that no State shall receive an allotment
for a fiscal year that is less than the greater of—
(aa) an amount based on 90 percent of
the allotment percentage of the State for the
preceding fiscal year; or
(bb) 100 percent of the allotments of the
State under section 127(b)(1)(C) of the
Workforce Investment Act of 1998 (as in effect
on the day before the date of enactment of
this Act) for fiscal year 2014.
(II) SMALL STATE MINIMUM ALLOTMENT.—Subject to subclauses (I), (III), and (IV), the Secretary
shall ensure that no State shall receive an allotment under this subparagraph that is less than
the total of—
(aa) 3⁄10 of 1 percent of $1,000,000,000
of the remainder described in clause (i) for
the fiscal year; and
(bb) if the remainder described in clause
(i) for the fiscal year exceeds $1,000,000,000,
2⁄5 of 1 percent of the excess.
(III) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State
shall receive an allotment percentage for a fiscal
year that is more than 130 percent of the allotment
percentage of the State for the preceding fiscal
year.
(IV) MINIMUM FUNDING.—In any fiscal year
in which the remainder described in clause (i)
does not exceed $1,000,000,000, the minimum
allotments under subclauses (I) and (II) shall be
calculated by the methodology specified in section
127(b)(1)(C)(iv)(IV) of the Workforce Investment
Act of 1998 (as in effect on the day before the
date of enactment of this Act).
(2) DEFINITIONS.—For the purpose of the formula specified
in paragraph (1)(C):
(A) ALLOTMENT PERCENTAGE.—The term ‘‘allotment
percentage’’, used with respect to fiscal year 2015 or a
subsequent fiscal year, means a percentage of the
remainder described in paragraph (1)(C)(i) that is received
through an allotment made under paragraph (1)(C) for
the fiscal year. The term, used with respect to fiscal year
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1501
2014, means the percentage of the amount allotted to States
under section 127(b)(1)(C) of the Workforce Investment Act
of 1998 (as in effect on the day before the date of enactment
of this Act) that is received under such section by the
State involved for fiscal year 2014.
(B) AREA OF SUBSTANTIAL UNEMPLOYMENT.—The term
‘‘area of substantial unemployment’’ means any area that
is of sufficient size and scope to sustain a program of
workforce investment activities carried out under this subtitle and that has an average rate of unemployment of
at least 6.5 percent for the most recent 12 months, as
determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year.
(C) DISADVANTAGED YOUTH.—Subject to paragraph (3),
the term ‘‘disadvantaged youth’’ means an individual who
is age 16 through 21 who received an income, or is a
member of a family that received a total family income,
that, in relation to family size, does not exceed the higher
of—
(i) the poverty line; or
(ii) 70 percent of the lower living standard income
level.
(D) EXCESS NUMBER.—The term ‘‘excess number’’
means, used with respect to the excess number of
unemployed individuals within a State, the higher of—
(i) the number that represents the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in the State; or
(ii) the number that represents the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in areas of substantial unemployment in such State.
(E) LOW-INCOME LEVEL.—The term ‘‘low-income level’’
means $7,000 with respect to income in 1969, and for
any later year means that amount that bears the same
relationship to $7,000 as the Consumer Price Index for
that year bears to the Consumer Price Index for 1969,
rounded to the nearest $1,000.
(3) SPECIAL RULE.—For the purpose of the formula specified
in paragraph (1)(C), the Secretary shall, as appropriate and
to the extent practicable, exclude college students and members
of the Armed Forces from the determination of the number
of disadvantaged youth.
(c) REALLOTMENT.—
(1) IN GENERAL.—The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this
section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities
and statewide workforce investment activities (referred to
individually in this subsection as a ‘‘State allotment’’) and
that are available for reallotment.
(2) AMOUNT.—The amount available for reallotment for
a program year is equal to the amount by which the unobligated
balance of the State allotment, at the end of the program
year prior to the program year for which the determination
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128 STAT. 1502
PUBLIC LAW 113–128—JULY 22, 2014
under this paragraph is made, exceeds 20 percent of such
allotment for the prior program year.
(3) REALLOTMENT.—In making reallotments to eligible
States of amounts available pursuant to paragraph (2) for a
program year, the Secretary shall allot to each eligible State
an amount based on the relative amount of the State allotment
for the program year for which the determination is made,
as compared to the total amount of the State allotments for
all eligible States for such program year.
(4) ELIGIBILITY.—For purposes of this subsection, an
eligible State means a State that does not have an amount
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is made.
(5) PROCEDURES.—The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within
the State in order to avoid the requirement that funds be
made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making
funds available from the State and local areas in the event
that a State is required to make funds available for reallotment
under this subsection.
29 USC 3163.
SEC. 128. WITHIN STATE ALLOCATIONS.
(a) RESERVATIONS FOR STATEWIDE ACTIVITIES.—
(1) IN GENERAL.—The Governor shall reserve not more
than 15 percent of each of the amounts allotted to the State
under section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B)
of section 132(b) for a fiscal year for statewide workforce investment activities.
(2) USE OF FUNDS.—Regardless of whether the reserved
amounts were allotted under section 127(b)(1)(C), or under
paragraph (1)(B) or (2)(B) of section 132(b), the Governor may
use the reserved amounts to carry out statewide activities
under section 129(b) or statewide employment and training
activities, for adults or dislocated workers, under section 134(a).
(b) WITHIN STATE ALLOCATIONS.—
(1) METHODS.—The Governor, acting in accordance with
the State plan, and after consulting with chief elected officials
and local boards in the local areas, shall allocate the funds
that are allotted to the State for youth activities and statewide
workforce investment activities under section 127(b)(1)(C) and
are not reserved under subsection (a), in accordance with paragraph (2) or (3).
(2) FORMULA ALLOCATION.—
(A) YOUTH ACTIVITIES.—
(i) ALLOCATION.—In allocating the funds described
in paragraph (1) to local areas, a State may allocate—
(I) 331⁄3 percent of the funds on the basis
described in section 127(b)(1)(C)(ii)(I);
(II) 331⁄3 percent of the funds on the basis
described in section 127(b)(1)(C)(ii)(II); and
(III) 331⁄3 percent of the funds on the basis
described in clauses (ii)(III) and (iii) of section
127(b)(1)(C).
(ii) MINIMUM PERCENTAGE.—The local area shall
not receive an allocation percentage for a fiscal year
that is less than 90 percent of the average allocation
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1503
percentage of the local area for the 2 preceding fiscal
years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this
subparagraph.
(iii) DEFINITION.—In this subparagraph, the term
‘‘allocation percentage’’, used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage
of the funds referred to in clause (i), received through
an allocation made under this subparagraph, for the
fiscal year. The term, used with respect to fiscal year
2013 or 2014, means a percentage of the funds referred
to in section 128(b)(1) of the Workforce Investment
Act of 1998 (as in effect on the day before the date
of enactment of this Act), received through an allocation made under paragraph (2) or (3) of section 128(b)
of the Workforce Investment Act of 1998 (as so in
effect), for the fiscal year 2013 or 2014, respectively.
(B) APPLICATION.—For purposes of carrying out
subparagraph (A)—
(i) references in section 127(b) to a State shall
be deemed to be references to a local area;
(ii) references in section 127(b) to all States shall
be deemed to be references to all local areas in the
State involved; and
(iii) except as described in clause (i), references
in section 127(b)(1) to the term ‘‘excess number’’ shall
be considered to be references to the term as defined
in section 127(b)(2).
(3) YOUTH DISCRETIONARY ALLOCATION.—In lieu of making
the allocation described in paragraph (2), in allocating the
funds described in paragraph (1) to local areas, a State may
distribute—
(A) a portion equal to not less than 70 percent of
the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis
of a formula that—
(i) incorporates additional factors (other than the
factors described in paragraph (2)(A)) relating to—
(I) excess youth poverty in urban, rural, and
suburban local areas; and
(II) excess unemployment above the State
average in urban, rural, and suburban local areas;
and
(ii) was developed by the State board and approved
by the Secretary as part of the State plan.
(4) LOCAL ADMINISTRATIVE COST LIMIT.—
(A) IN GENERAL.—Of the amount allocated to a local
area under this subsection and section 133(b) for a fiscal
year, not more than 10 percent of the amount may be
used by the local board involved for the administrative
costs of carrying out local workforce investment activities
under this chapter or chapter 3.
(B) USE OF FUNDS.—Funds made available for administrative costs under subparagraph (A) may be used for the
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128 STAT. 1504
administrative costs of any of the local workforce investment activities described in this chapter or chapter 3,
regardless of whether the funds were allocated under this
subsection or section 133(b).
(c) REALLOCATION AMONG LOCAL AREAS.—
(1) IN GENERAL.—The Governor may, in accordance with
this subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts that
are made available to local areas from allocations made under
this section or a corresponding provision of the Workforce
Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a ‘‘local
allocation’’) and that are available for reallocation.
(2) AMOUNT.—The amount available for reallocation for
a program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program year
prior to the program year for which the determination under
this paragraph is made, exceeds 20 percent of such allocation
for the prior program year.
(3) REALLOCATION.—In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a
program year, the Governor shall allocate to each eligible local
area within the State an amount based on the relative amount
of the local allocation for the program year for which the
determination is made, as compared to the total amount of
the local allocations for all eligible local areas in the State
for such program year.
(4) ELIGIBILITY.—For purposes of this subsection, an
eligible local area means a local area that does not have an
amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph
(2) is made.
Consultation.
29 USC 3164.
SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT
ACTIVITIES.
(a) YOUTH PARTICIPANT ELIGIBILITY.—
(1) ELIGIBILITY.—
(A) IN GENERAL.—To be eligible to participate in activities carried out under this chapter during any program
year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school
youth.
(B) OUT-OF-SCHOOL YOUTH.—In this title, the term
‘‘out-of-school youth’’ means an individual who is—
(i) not attending any school (as defined under State
law);
(ii) not younger than age 16 or older than age
24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age of compulsory school attendance, but has not attended school
for at least the most recent complete school year
calendar quarter.
(III) A recipient of a secondary school diploma
or its recognized equivalent who is a low-income
individual and is—
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1505
(aa) basic skills deficient; or
(bb) an English language learner.
(IV) An individual who is subject to the juvenile or adult justice system.
(V) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act
of 1994 (42 U.S.C. 14043e–2(6))), a homeless child
or youth (as defined in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway, in foster care or
has aged out of the foster care system, a child
eligible for assistance under section 477 of the
Social Security Act (42 U.S.C. 677), or in an outof-home placement.
(VI) An individual who is pregnant or parenting.
(VII) A youth who is an individual with a
disability.
(VIII) A low-income individual who requires
additional assistance to enter or complete an educational program or to secure or hold employment.
(C) IN-SCHOOL YOUTH.—In this section, the term ‘‘inschool youth’’ means an individual who is—
(i) attending school (as defined by State law);
(ii) not younger than age 14 or (unless an individual with a disability who is attending school under
State law) older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act
of 1994 (42 U.S.C. 14043e–2(6))), a homeless child
or youth (as defined in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway, in foster care or
has aged out of the foster care system, a child
eligible for assistance under section 477 of the
Social Security Act (42 U.S.C. 677), or in an outof-home placement.
(V) Pregnant or parenting.
(VI) A youth who is an individual with a disability.
(VII) An individual who requires additional
assistance to complete an educational program or
to secure or hold employment.
(2) SPECIAL RULE.—For the purpose of this subsection, the
term ‘‘low-income’’, used with respect to an individual, also
includes a youth living in a high-poverty area.
(3) EXCEPTION AND LIMITATION.—
(A) EXCEPTION FOR PERSONS WHO ARE NOT LOW-INCOME
INDIVIDUALS.—
(i) DEFINITION.—In this subparagraph, the term
‘‘covered individual’’ means an in-school youth, or an
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PUBLIC LAW 113–128—JULY 22, 2014
out-of-school youth who is described in subclause (III)
or (VIII) of paragraph (1)(B)(iii).
(ii) EXCEPTION.—In each local area, not more than
5 percent of the individuals assisted under this section
may be persons who would be covered individuals,
except that the persons are not low-income individuals.
(B) LIMITATION.—In each local area, not more than
5 percent of the in-school youth assisted under this section
may be eligible under paragraph (1) because the youth
are in-school youth described in paragraph (1)(C)(iv)(VII).
(4) OUT-OF-SCHOOL PRIORITY.—
(A) IN GENERAL.—For any program year, not less than
75 percent of the funds allotted under section 127(b)(1)(C),
reserved under section 128(a), and available for statewide
activities under subsection (b), and not less than 75 percent
of funds available to local areas under subsection (c), shall
be used to provide youth workforce investment activities
for out-of-school youth.
(B) EXCEPTION.—A State that receives a minimum
allotment under section 127(b)(1) in accordance with section
127(b)(1)(C)(iv) or under section 132(b)(1) in accordance
with section 132(b)(1)(B)(iv) may decrease the percentage
described in subparagraph (A) to not less than 50 percent
for a local area in the State, if—
(i) after an analysis of the in-school youth and
out-of-school youth populations in the local area, the
State determines that the local area will be unable
to use at least 75 percent of the funds available for
activities under subsection (c) to serve out-of-school
youth due to a low number of out-of-school youth;
and
(ii)(I) the State submits to the Secretary, for the
local area, a request including a proposed percentage
decreased to not less than 50 percent for purposes
of subparagraph (A), and a summary of the analysis
described in clause (i); and
(II) the request is approved by the Secretary.
(5) CONSISTENCY WITH COMPULSORY SCHOOL ATTENDANCE
LAWS.—In providing assistance under this section to an individual who is required to attend school under applicable State
compulsory school attendance laws, the priority in providing
such assistance shall be for the individual to attend school
regularly.
(b) STATEWIDE ACTIVITIES.—
(1) REQUIRED STATEWIDE YOUTH ACTIVITIES.—Funds
reserved by a Governor as described in sections 128(a) and
133(a)(1) shall be used, regardless of whether the funds were
allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b) for statewide activities,
which shall include—
(A) conducting evaluations under section 116(e) of
activities authorized under this chapter and chapter 3 in
coordination with evaluations carried out by the Secretary
under section 169(a);
(B) disseminating a list of eligible providers of youth
workforce investment activities, as determined under section 123;
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128 STAT. 1507
(C) providing assistance to local areas as described
in subsections (b)(6) and (c)(2) of section 106, for local
coordination of activities carried out under this title;
(D) operating a fiscal and management accountability
information system under section 116(i);
(E) carrying out monitoring and oversight of activities
carried out under this chapter and chapter 3, which may
include a review comparing the services provided to male
and female youth; and
(F) providing additional assistance to local areas that
have high concentrations of eligible youth.
(2) ALLOWABLE STATEWIDE YOUTH ACTIVITIES.—Funds
reserved by a Governor as described in sections 128(a) and
133(a)(1) may be used, regardless of whether the funds were
allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b), for statewide activities,
which may include—
(A) conducting—
(i) research related to meeting the education and
employment needs of eligible youth; and
(ii) demonstration projects related to meeting the
education and employment needs of eligible youth;
(B) supporting the development of alternative, evidence-based programs and other activities that enhance
the choices available to eligible youth and encourage such
youth to reenter and complete secondary education, enroll
in postsecondary education and advanced training, progress
through a career pathway, and enter into unsubsidized
employment that leads to economic self-sufficiency;
(C) supporting the provision of career services
described in section 134(c)(2) in the one-stop delivery
system in the State;
(D) supporting financial literacy, including—
(i) supporting the ability of participants to create
household budgets, initiate savings plans, and make
informed financial decisions about education, retirement, home ownership, wealth building, or other
savings goals;
(ii) supporting the ability to manage spending,
credit, and debt, including credit card debt, effectively;
(iii) increasing awareness of the availability and
significance of credit reports and credit scores in
obtaining credit, including determining their accuracy
(and how to correct inaccuracies in the reports and
scores), and their effect on credit terms;
(iv) supporting the ability to understand, evaluate,
and compare financial products, services, and
opportunities; and
(v) supporting activities that address the particular
financial literacy needs of non-English speakers,
including providing the support through the development and distribution of multilingual financial literacy
and education materials; and
(E) providing technical assistance to, as appropriate,
local boards, chief elected officials, one-stop operators, onestop partners, and eligible providers, in local areas, which
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128 STAT. 1508
PUBLIC LAW 113–128—JULY 22, 2014
provision of technical assistance shall include the development and training of staff, the development of exemplary
program activities, the provision of technical assistance
to local areas that fail to meet local performance accountability measures described in section 116(c), and the provision of technology to facilitate remote access to services
provided through the one-stop delivery system in the State.
(3) LIMITATION.—Not more than 5 percent of the funds
allotted to a State under section 127(b)(1)(C) shall be used
by the State for administrative activities carried out under
this subsection or section 134(a).
(c) LOCAL ELEMENTS AND REQUIREMENTS.—
(1) PROGRAM DESIGN.—Funds allocated to a local area for
eligible youth under section 128(b) shall be used to carry out,
for eligible youth, programs that—
(A) provide an objective assessment of the academic
levels, skill levels, and service needs of each participant,
which assessment shall include a review of basic skills,
occupational skills, prior work experience, employability,
interests, aptitudes (including interests and aptitudes for
nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is
not required if the provider carrying out such a program
determines it is appropriate to use a recent assessment
of the participant conducted pursuant to another education
or training program;
(B) develop service strategies for each participant that
are directly linked to 1 or more of the indicators of performance described in section 116(b)(2)(A)(ii), and that shall
identify career pathways that include education and
employment goals (including, in appropriate circumstances,
nontraditional employment), appropriate achievement
objectives, and appropriate services for the participant
taking into account the assessment conducted pursuant
to subparagraph (A), except that a new service strategy
for a participant is not required if the provider carrying
out such a program determines it is appropriate to use
a recent service strategy developed for the participant
under another education or training program;
(C) provide—
(i) activities leading to the attainment of a secondary school diploma or its recognized equivalent,
or a recognized postsecondary credential;
(ii) preparation for postsecondary educational and
training opportunities;
(iii) strong linkages between academic instruction
(based on State academic content and student academic
achievement standards established under section 1111
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311)) and occupational education that
lead to the attainment of recognized postsecondary
credentials;
(iv) preparation for unsubsidized employment
opportunities, in appropriate cases; and
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128 STAT. 1509
(v) effective connections to employers, including
small employers, in in-demand industry sectors and
occupations of the local and regional labor markets;
and
(D) at the discretion of the local board, implement
a pay-for-performance contract strategy for elements
described in paragraph (2), for which the local board may
reserve and use not more than 10 percent of the total
funds allocated to the local area under section 128(b).
(2) PROGRAM ELEMENTS.—In order to support the attainment of a secondary school diploma or its recognized equivalent,
entry into postsecondary education, and career readiness for
participants, the programs described in paragraph (1) shall
provide elements consisting of—
(A) tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies
that lead to completion of the requirements for a secondary
school diploma or its recognized equivalent (including a
recognized certificate of attendance or similar document
for individuals with disabilities) or for a recognized postsecondary credential;
(B) alternative secondary school services, or dropout
recovery services, as appropriate;
(C) paid and unpaid work experiences that have as
a component academic and occupational education, which
may include—
(i) summer employment opportunities and other
employment opportunities available throughout the
school year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with indemand industry sectors or occupations in the local area
involved, if the local board determines that the programs
meet the quality criteria described in section 123;
(E) education offered concurrently with and in the
same context as workforce preparation activities and
training for a specific occupation or occupational cluster;
(F) leadership development opportunities, which may
include community service and peer-centered activities
encouraging responsibility and other positive social and
civic behaviors, as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation
and a subsequent period, for a total of not less than 12
months;
(I) followup services for not less than 12 months after
the completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which may
include drug and alcohol abuse counseling and referral,
as appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
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(M) services that provide labor market and employment
information about in-demand industry sectors or occupations available in the local area, such as career awareness,
career counseling, and career exploration services; and
(N) activities that help youth prepare for and transition
to postsecondary education and training.
(3) ADDITIONAL REQUIREMENTS.—
(A) INFORMATION AND REFERRALS.—Each local board
shall ensure that each participant shall be provided—
(i) information on the full array of applicable or
appropriate services that are available through the
local board or other eligible providers or one-stop partners, including those providers or partners receiving
funds under this subtitle; and
(ii) referral to appropriate training and educational
programs that have the capacity to serve the participant either on a sequential or concurrent basis.
(B) APPLICANTS NOT MEETING ENROLLMENT REQUIREMENTS.—Each eligible provider of a program of youth
workforce investment activities shall ensure that an eligible
applicant who does not meet the enrollment requirements
of the particular program or who cannot be served shall
be referred for further assessment, as necessary, and
referred to appropriate programs in accordance with
subparagraph (A) to meet the basic skills and training
needs of the applicant.
(C) INVOLVEMENT IN DESIGN AND IMPLEMENTATION.—
The local board shall ensure that parents, participants,
and other members of the community with experience
relating to programs for youth are involved in the design
and implementation of the programs described in paragraph (1).
(4) PRIORITY.—Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall
be used to provide in-school youth and out-of-school youth with
activities under paragraph (2)(C).
(5) RULE OF CONSTRUCTION.—Nothing in this chapter shall
be construed to require that each of the elements described
in subparagraphs of paragraph (2) be offered by each provider
of youth services.
(6) PROHIBITIONS.—
(A) PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION.—No provision of this Act shall be construed to
authorize any department, agency, officer, or employee of
the United States to exercise any direction, supervision,
or control over the curriculum, program of instruction,
administration, or personnel of any educational institution,
school, or school system, or over the selection of library
resources, textbooks, or other printed or published instructional materials by any educational institution, school, or
school system.
(B) NONINTERFERENCE AND NONREPLACEMENT OF REGULAR ACADEMIC REQUIREMENTS.—No funds described in
paragraph (1) shall be used to provide an activity for
eligible youth who are not school dropouts if participation
in the activity would interfere with or replace the regular
academic requirements of the youth.
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128 STAT. 1511
(7) LINKAGES.—In coordinating the programs authorized
under this section, local boards shall establish linkages with
local educational agencies responsible for services to participants as appropriate.
(8) VOLUNTEERS.—The local board shall make opportunities
available for individuals who have successfully participated
in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and
other activities.
CHAPTER 3—ADULT AND DISLOCATED WORKER
EMPLOYMENT AND TRAINING ACTIVITIES
SEC. 131. GENERAL AUTHORIZATION.
29 USC 3171.
The Secretary shall make allotments under paragraphs (1)(B)
and (2)(B) of section 132(b) to each State that meets the requirements of section 102 or 103 and grants under paragraphs (1)(A)
and (2)(A) of section 132(b) to each outlying area that complies
with the requirements of this title, to assist the State or outlying
area, and to enable the State or outlying area to assist local areas,
for the purpose of providing workforce investment activities for
adults, and dislocated workers, in the State or outlying area and
in the local areas.
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SEC. 132. STATE ALLOTMENTS.
29 USC 3172.
(a) IN GENERAL.—The Secretary shall—
(1) make allotments and grants from the amount appropriated under section 136(b) for a fiscal year in accordance
with subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated under
section 136(c) for the fiscal year for use under subsection
(b)(2)(A), and under sections 168(b) (relating to dislocated
worker technical assistance), 169(c) (relating to dislocated
worker projects), and 170 (relating to national dislocated worker
grants); and
(B) make allotments from 80 percent of the amount appropriated under section 136(c) for the fiscal year in accordance
with subsection (b)(2)(B).
(b) ALLOTMENT AMONG STATES.—
(1) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.—
(A) RESERVATION FOR OUTLYING AREAS.—
(i) IN GENERAL.—From the amount made available
under subsection (a)(1) for a fiscal year, the Secretary
shall reserve not more than 1⁄4 of 1 percent of such
amount to provide assistance to the outlying areas.
(ii) APPLICABILITY OF ADDITIONAL REQUIREMENTS.—From the amount reserved under clause (i),
the Secretary shall provide assistance to the outlying
areas for adult employment and training activities and
statewide workforce investment activities in accordance
with the requirements of section 127(b)(1)(B).
(B) STATES.—
(i) IN GENERAL.—After determining the amount
to be reserved under subparagraph (A), the Secretary
shall allot the remainder of the amount made available
under subsection (a)(1) for that fiscal year to the States
pursuant to clause (ii) for adult employment and
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Determination.
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training activities and statewide workforce investment
activities.
(ii) FORMULA.—Subject to clauses (iii) and (iv), of
the remainder—
(I) 331⁄3 percent shall be allotted on the basis
of the relative number of unemployed individuals
in areas of substantial unemployment in each
State, compared to the total number of unemployed
individuals in areas of substantial unemployment
in all States;
(II) 331⁄3 percent shall be allotted on the basis
of the relative excess number of unemployed
individuals in each State, compared to the total
excess number of unemployed individuals in all
States; and
(III) 331⁄3 percent shall be allotted on the basis
of the relative number of disadvantaged adults
in each State, compared to the total number of
disadvantaged adults in all States, except as
described in clause (iii).
(iii) CALCULATION.—In determining an allotment
under clause (ii)(III) for any State in which there is
an area that was designated as a local area as
described in section 107(c)(1)(C), the allotment shall
be based on the higher of—
(I) the number of adults in families with an
income below the low-income level in such area;
or
(II) the number of disadvantaged adults in
such area.
(iv) MINIMUM AND MAXIMUM PERCENTAGES AND
MINIMUM ALLOTMENTS.—In making allotments under
this subparagraph, the Secretary shall ensure the following:
(I) MINIMUM PERCENTAGE AND ALLOTMENT.—
Subject to subclause (IV), the Secretary shall
ensure that no State shall receive an allotment
for a fiscal year that is an amount based on 90
percent of the allotment percentage of the State
for the preceding fiscal year.
(II) SMALL STATE MINIMUM ALLOTMENT.—Subject to subclauses (I), (III), and (IV), the Secretary
shall ensure that no State shall receive an allotment under this subparagraph that is less than
the total of—
(aa) 3⁄10 of 1 percent of $960,000,000 of
the remainder described in clause (i) for the
fiscal year; and
(bb) if the remainder described in clause
(i) for the fiscal year exceeds $960,000,000,
2⁄5 of 1 percent of the excess.
(III) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State
shall receive an allotment percentage for a fiscal
year that is more than 130 percent of the allotment
percentage of the State for the preceding fiscal
year.
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128 STAT. 1513
(IV) MINIMUM FUNDING.—In any fiscal year
in which the remainder described in clause (i)
does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section
132(b)(1)(B)(iv)(IV) of the Workforce Investment
Act of 1998 (as in effect on the day before the
date of enactment of this Act).
(v) DEFINITIONS.—For the purpose of the formula
specified in this subparagraph:
(I) ADULT.—The term ‘‘adult’’ means an individual who is not less than age 22 and not more
than age 72.
(II) ALLOTMENT PERCENTAGE.—The term
‘‘allotment percentage’’, used with respect to fiscal
year 2015 or a subsequent fiscal year, means a
percentage of the remainder described in clause
(i) that is received through an allotment made
under this subparagraph for the fiscal year. The
term, used with respect to fiscal year 2014, means
the percentage of the amount allotted to States
under section 132(b)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act) that is received
under such section by the State involved for fiscal
year 2014.
(III) AREA OF SUBSTANTIAL UNEMPLOYMENT.—
The term ‘‘area of substantial unemployment’’
means any area that is of sufficient size and scope
to sustain a program of workforce investment
activities carried out under this subtitle and that
has an average rate of unemployment of at least
6.5 percent for the most recent 12 months, as
determined by the Secretary. For purposes of this
subclause, determinations of areas of substantial
unemployment shall be made once each fiscal year.
(IV) DISADVANTAGED ADULT.—Subject to subclause (V), the term ‘‘disadvantaged adult’’ means
an adult who received an income, or is a member
of a family that received a total family income,
that, in relation to family size, does not exceed
the higher of—
(aa) the poverty line; or
(bb) 70 percent of the lower living
standard income level.
(V) DISADVANTAGED ADULT SPECIAL RULE.—
The Secretary shall, as appropriate and to the
extent practicable, exclude college students and
members of the Armed Forces from the determination of the number of disadvantaged adults.
(VI) EXCESS NUMBER.—The term ‘‘excess
number’’ means, used with respect to the excess
number of unemployed individuals within a State,
the higher of—
(aa) the number that represents the
number of unemployed individuals in excess
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of 4.5 percent of the civilian labor force in
the State; or
(bb) the number that represents the
number of unemployed individuals in excess
of 4.5 percent of the civilian labor force in
areas of substantial unemployment in such
State.
(VII) LOW-INCOME LEVEL.—The term ‘‘lowincome level’’ means $7,000 with respect to income
in 1969, and for any later year means that amount
that bears the same relationship to $7,000 as the
Consumer Price Index for that year bears to the
Consumer Price Index for 1969, rounded to the
nearest $1,000.
(2) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.—
(A) RESERVATION FOR OUTLYING AREAS.—
(i) IN GENERAL.—From the amount made available
under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than 1⁄4 of 1 percent
of the amount appropriated under section 136(c) for
the fiscal year to provide assistance to the outlying
areas.
(ii) APPLICABILITY OF ADDITIONAL REQUIREMENTS.—From the amount reserved under clause (i),
the Secretary shall provide assistance to the outlying
areas for dislocated worker employment and training
activities and statewide workforce investment activities
in accordance with the requirements of section
127(b)(1)(B).
(B) STATES.—
(i) IN GENERAL.—The Secretary shall allot the
amount referred to in subsection (a)(2)(B) for a fiscal
year to the States pursuant to clause (ii) for dislocated
worker employment and training activities and statewide workforce investment activities.
(ii) FORMULA.—Subject to clause (iii), of the
amount—
(I) 331⁄3 percent shall be allotted on the basis
of the relative number of unemployed individuals
in each State, compared to the total number of
unemployed individuals in all States;
(II) 331⁄3 percent shall be allotted on the basis
of the relative excess number of unemployed
individuals in each State, compared to the total
excess number of unemployed individuals in all
States; and
(III) 331⁄3 percent shall be allotted on the basis
of the relative number of individuals in each State
who have been unemployed for 15 weeks or more,
compared to the total number of individuals in
all States who have been unemployed for 15 weeks
or more.
(iii) MINIMUM AND MAXIMUM PERCENTAGES AND
MINIMUM ALLOTMENTS.—In making allotments under
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this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following:
(I) MINIMUM PERCENTAGE AND ALLOTMENT.—
The Secretary shall ensure that no State shall
receive an allotment for a fiscal year that is an
amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal
year.
(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State
shall receive an allotment percentage for a fiscal
year that is more than 130 percent of the allotment
percentage of the State for the preceding fiscal
year.
(iv) DEFINITIONS.—For the purpose of the formula
specified in this subparagraph:
(I) ALLOTMENT PERCENTAGE.—The term ‘‘allotment percentage’’, used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage of the amount described in clause (i) that
is received through an allotment made under this
subparagraph for the fiscal year.
(II) EXCESS NUMBER.—The term ‘‘excess
number’’ means, used with respect to the excess
number of unemployed individuals within a State,
the number that represents the number of
unemployed individuals in excess of 4.5 percent
of the civilian labor force in the State.
(c) REALLOTMENT.—
(1) IN GENERAL.—The Secretary shall, in accordance with
this subsection, reallot to eligible States amounts that are
made available to States from allotments made under this
section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and
statewide workforce investment activities (referred to individually in this subsection as a ‘‘State allotment’’) and that are
available for reallotment.
(2) AMOUNT.—The amount available for reallotment for
a program year for programs funded under subsection (b)(1)(B)
(relating to adult employment and training) or for programs
funded under subsection (b)(2)(B) (relating to dislocated worker
employment and training) is equal to the amount by which
the unobligated balance of the State allotments for adult
employment and training activities or dislocated worker
employment and training activities, respectively, at the end
of the program year prior to the program year for which the
determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year.
(3) REALLOTMENT.—In making reallotments to eligible
States of amounts available pursuant to paragraph (2) for a
program year, the Secretary shall allot to each eligible State
an amount based on the relative amount of the State allotment
under paragraph (1)(B) or (2)(B), respectively, of subsection
(b) for the program year for which the determination is made,
as compared to the total amount of the State allotments under
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paragraph (1)(B) or (2)(B), respectively, of subsection (b) for
all eligible States for such program year.
(4) ELIGIBILITY.—For purposes of this subsection, an
eligible State means—
(A) with respect to funds allotted through a State
allotment for adult employment and training activities,
a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is
made; and
(B) with respect to funds allotted through a State
allotment for dislocated worker employment and training
activities, a State that does not have an amount of such
funds available for reallotment under paragraph (2) for
the program year for which the determination under paragraph (2) is made.
(5) PROCEDURES.—The Governor shall prescribe uniform
procedures for the obligation of funds by local areas within
the State in order to avoid the requirement that funds be
made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making
funds available from the State and local areas in the event
that a State is required to make funds available for reallotment
under this subsection.
29 USC 3173.
SEC. 133. WITHIN STATE ALLOCATIONS.
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(a) RESERVATIONS FOR STATE ACTIVITIES.—
(1) STATEWIDE WORKFORCE INVESTMENT ACTIVITIES.—The
Governor shall make the reservation required under section
128(a).
(2) STATEWIDE RAPID RESPONSE ACTIVITIES.—The Governor
shall reserve not more than 25 percent of the total amount
allotted to the State under section 132(b)(2)(B) for a fiscal
year for statewide rapid response activities described in section
134(a)(2)(A).
(b) WITHIN STATE ALLOCATION.—
(1) METHODS.—The Governor, acting in accordance with
the State plan, and after consulting with chief elected officials
and local boards in the local areas, shall allocate—
(A) the funds that are allotted to the State for adult
employment and training activities and statewide
workforce investment activities under section 132(b)(1)(B)
and are not reserved under subsection (a)(1), in accordance
with paragraph (2) or (3); and
(B) the funds that are allotted to the State for dislocated worker employment and training activities and
statewide workforce investment activities under section
132(b)(2)(B) and are not reserved under paragraph (1) or
(2) of subsection (a), in accordance with paragraph (2).
(2) FORMULA ALLOCATIONS.—
(A) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.—
(i) ALLOCATION.—In allocating the funds described
in paragraph (1)(A) to local areas, a State may allocate—
(I) 331⁄3 percent of the funds on the basis
described in section 132(b)(1)(B)(ii)(I);
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128 STAT. 1517
(II) 331⁄3 percent of the funds on the basis
described in section 132(b)(1)(B)(ii)(II); and
(III) 331⁄3 percent of the funds on the basis
described in clauses (ii)(III) and (iii) of section
132(b)(1)(B).
(ii) MINIMUM PERCENTAGE.—The local area shall
not receive an allocation percentage for a fiscal year
that is less than 90 percent of the average allocation
percentage of the local area for the 2 preceding fiscal
years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this
subparagraph.
(iii) DEFINITION.—In this subparagraph, the term
‘‘allocation percentage’’, used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage
of the funds referred to in clause (i), received through
an allocation made under this subparagraph, for the
fiscal year. The term, used with respect to fiscal year
2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3)
of section 133(b) of the Workforce Investment Act of
1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made
under paragraph (2)(A) or (3) of that section for fiscal
year 2013 or 2014, respectively.
(B) DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES.—
(i) ALLOCATION.—In allocating the funds described
in paragraph (1)(B) to local areas, a State shall allocate
the funds based on an allocation formula prescribed
by the Governor of the State. Such formula may be
amended by the Governor not more than once for each
program year. Such formula shall utilize the most
appropriate information available to the Governor to
distribute amounts to address the State’s worker
readjustment assistance needs.
(ii) INFORMATION.—The information described in
clause (i) shall include insured unemployment data,
unemployment concentrations, plant closing and mass
layoff data, declining industries data, farmer-rancher
economic hardship data, and long-term unemployment
data.
(iii) MINIMUM PERCENTAGE.—The local area shall
not receive an allocation percentage for fiscal year
2016 or a subsequent fiscal year that is less than
90 percent of the average allocation percentage of the
local area for the 2 preceding fiscal years. Amounts
necessary for increasing such allocations to local areas
to comply with the preceding sentence shall be obtained
by ratably reducing the allocations to be made to other
local areas under this subparagraph.
(iv) DEFINITION.—In this subparagraph, the term
‘‘allocation percentage’’, used with respect to fiscal year
2015 or a subsequent fiscal year, means a percentage
of the funds referred to in clause (i), received through
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128 STAT. 1518
PUBLIC LAW 113–128—JULY 22, 2014
an allocation made under this subparagraph for the
fiscal year. The term, used with respect to fiscal year
2014, means a percentage of the amount allocated to
local areas under section 133(b)(2)(B) of the Workforce
Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act), received through
an allocation made under that section for fiscal year
2014.
(C) APPLICATION.—For purposes of carrying out
subparagraph (A)—
(i) references in section 132(b) to a State shall
be deemed to be references to a local area;
(ii) references in section 132(b) to all States shall
be deemed to be references to all local areas in the
State involved; and
(iii) except as described in clause (i), references
in section 132(b)(1) to the term ‘‘excess number’’ shall
be considered to be references to the term as defined
in section 132(b)(1).
(3) ADULT EMPLOYMENT AND TRAINING DISCRETIONARY
ALLOCATIONS.—In lieu of making the allocation described in
paragraph (2)(A), in allocating the funds described in paragraph
(1)(A) to local areas, a State may distribute—
(A) a portion equal to not less than 70 percent of
the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis
of a formula that—
(i) incorporates additional factors (other than the
factors described in paragraph (2)(A)) relating to—
(I) excess poverty in urban, rural, and suburban local areas; and
(II) excess unemployment above the State
average in urban, rural, and suburban local areas;
and
(ii) was developed by the State board and approved
by the Secretary as part of the State plan.
(4) TRANSFER AUTHORITY.—A local board may transfer, if
such a transfer is approved by the Governor, up to and
including 100 percent of the funds allocated to the local area
under paragraph (2)(A) or (3), and up to and including 100
percent of the funds allocated to the local area under paragraph
(2)(B), for a fiscal year between—
(A) adult employment and training activities; and
(B) dislocated worker employment and training activities.
(5) ALLOCATION.—
(A) IN GENERAL.—The Governor shall allocate the funds
described in paragraph (1) to local areas under paragraphs
(2) and (3) for the purpose of providing a single system
of employment and training activities for adults and dislocated workers in accordance with subsections (c) and
(d) of section 134.
(B) ADDITIONAL REQUIREMENTS.—
(i) ADULTS.—Funds allocated under paragraph
(2)(A) or (3) shall be used by a local area to contribute
to the costs of the one-stop delivery system described
in section 121(e) as determined under section 121(h)
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1519
and to pay for employment and training activities provided to adults in the local area, consistent with section
134.
(ii) DISLOCATED WORKERS.—Funds allocated under
paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system
described in section 121(e) as determined under section
121(h) and to pay for employment and training activities provided to dislocated workers in the local area,
consistent with section 134.
(c) REALLOCATION AMONG LOCAL AREAS.—
(1) IN GENERAL.—The Governor may, in accordance with
this subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts that
are made available to local areas from allocations made under
paragraph (2)(A) or (3) of subsection (b) or a corresponding
provision of the Workforce Investment Act of 1998 for adult
employment and training activities, or under subsection
(b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and
training activities (referred to individually in this subsection
as a ‘‘local allocation’’) and that are available for reallocation.
(2) AMOUNT.—The amount available for reallocation for
a program year—
(A) for adult employment and training activities is
equal to the amount by which the unobligated balance
of the local allocation under paragraph (2)(A) or (3) of
subsection (b) for such activities, at the end of the program
year prior to the program year for which the determination
under this subparagraph is made, exceeds 20 percent of
such allocation for the prior program year; and
(B) for dislocated worker employment and training
activities is equal to the amount by which the unobligated
balance of the local allocation under subsection (b)(2)(B)
for such activities, at the end of the program year prior
to the program year for which the determination under
this subparagraph is made, exceeds 20 percent of such
allocation for the prior program year.
(3) REALLOCATION.—In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a
program year, the Governor shall allocate to each eligible local
area within the State—
(A) with respect to such available amounts that were
allocated under paragraph (2)(A) or (3) of subsection (b),
an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as
appropriate, for the program year for which the determination is made, as compared to the total amount of the
local allocations under paragraph (2)(A) or (3) of subsection
(b), as appropriate, for all eligible local areas in the State
for such program year; and
(B) with respect to such available amounts that were
allocated under subsection (b)(2)(B), an amount based on
the relative amount of the local allocation under subsection
(b)(2)(B) for the program year for which the determination
is made, as compared to the total amount of the local
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allocations under subsection (b)(2)(B) for all eligible local
areas in the State for such program year.
(4) ELIGIBILITY.—For purposes of this subsection, an
eligible local area means—
(A) with respect to funds allocated through a local
allocation for adult employment and training activities,
a local area that does not have an amount of such funds
available for reallocation under paragraph (2) for the program year for which the determination under paragraph
(2) is made; and
(B) with respect to funds allocated through a local
allocation for dislocated worker employment and training
activities, a local area that does not have an amount of
such funds available for reallocation under paragraph (2)
for the program year for which the determination under
paragraph (2) is made.
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29 USC 3174.
SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—
(1) IN GENERAL.—Funds reserved by a Governor—
(A) as described in section 133(a)(2) shall be used to
carry out the statewide rapid response activities described
in paragraph (2)(A); and
(B) as described in sections 128(a) and 133(a)(1)—
(i) shall be used to carry out the statewide employment and training activities described in paragraph
(2)(B); and
(ii) may be used to carry out any of the statewide
employment and training activities described in paragraph (3),
regardless of whether the funds were allotted to the State
under section 127(b)(1) or under paragraph (1) or (2) of
section 132(b).
(2) REQUIRED STATEWIDE EMPLOYMENT AND TRAINING
ACTIVITIES.—
(A) STATEWIDE RAPID RESPONSE ACTIVITIES.—
(i) IN GENERAL.—A State shall carry out statewide
rapid response activities using funds reserved by the
Governor for the State under section 133(a)(2), which
activities shall include—
(I) provision of rapid response activities, carried out in local areas by the State or by an entity
designated by the State, working in conjunction
with the local boards and the chief elected officials
for the local areas; and
(II) provision of additional assistance to local
areas that experience disasters, mass layoffs, or
plant closings, or other events that precipitate
substantial increases in the number of unemployed
individuals, carried out in local areas by the State,
working in conjunction with the local boards and
the chief elected officials for the local areas.
(ii) USE OF UNOBLIGATED FUNDS.—Funds reserved
by a Governor under section 133(a)(2), and section
133(a)(2) of the Workforce Investment Act of 1998 (as
in effect on the day before the date of enactment of
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128 STAT. 1521
this Act), to carry out this subparagraph that remain
unobligated after the first program year for which such
funds were allotted may be used by the Governor to
carry out statewide activities authorized under
subparagraph (B) or paragraph (3)(A), in addition to
activities under this subparagraph.
(B) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—Funds reserved by a Governor under sections
128(a)(1) and 133(a)(1) and not used under paragraph (1)(A)
(regardless of whether the funds were allotted to the States
under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B)
of section 132(b)) shall be used for statewide employment
and training activities, including—
(i) providing assistance to—
(I) State entities and agencies, local areas,
and one-stop partners in carrying out the activities
described in the State plan, including the coordination and alignment of data systems used to carry
out the requirements of this Act;
(II) local areas for carrying out the regional
planning and service delivery efforts required
under section 106(c);
(III) local areas by providing information on
and support for the effective development, convening, and implementation of industry or sector
partnerships; and
(IV) local areas, one-stop operators, one-stop
partners, and eligible providers, including the
development and training of staff, which may
include the development and training of staff to
provide opportunities for individuals with barriers
to employment to enter in-demand industry sectors
or occupations and nontraditional occupations, the
development of exemplary program activities, and
the provision of technical assistance to local areas
that fail to meet local performance accountability
measures described in section 116(c);
(ii) providing assistance to local areas as described
in section 106(b)(6);
(iii) operating a fiscal and management accountability information system in accordance with section
116(i);
(iv) carrying out monitoring and oversight of activities carried out under this chapter and chapter 2;
(v) disseminating—
(I) the State list of eligible providers of
training services, including eligible providers of
nontraditional training services and eligible providers of apprenticeship programs described in section 122(a)(2)(B);
(II) information identifying eligible providers
of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid
work experience opportunities, or transitional jobs;
(III) information on effective outreach to, partnerships with, and services for, business;
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128 STAT. 1522
(IV) information on effective service delivery
strategies to serve workers and job seekers;
(V) performance information and information
on the cost of attendance (including tuition and
fees) for participants in applicable programs, as
described in subsections (d) and (h) of section 122;
and
(VI) information on physical and programmatic accessibility, in accordance with section
188, if applicable, and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), for
individuals with disabilities; and
(vi) conducting evaluations under section 116(e)
of activities authorized under this chapter and chapter
2 in coordination with evaluations carried out by the
Secretary under section 169(a).
(3) ALLOWABLE STATEWIDE EMPLOYMENT AND TRAINING
ACTIVITIES.—
(A) IN GENERAL.—Funds reserved by a Governor under
sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds
were allotted to the State under section 127(b)(1)(C) or
paragraph (1)(B) or (2)(B) of section 132(b)) may be used
to carry out additional statewide employment and training
activities, which may include—
(i) implementing innovative programs and strategies designed to meet the needs of all employers
(including small employers) in the State, which programs and strategies may include incumbent worker
training programs, customized training, sectoral and
industry cluster strategies and implementation of
industry or sector partnerships, career pathway programs, microenterprise and entrepreneurial training
and support programs, utilization of effective business
intermediaries, layoff aversion strategies, activities to
improve linkages between the one-stop delivery system
in the State and all employers (including small
employers) in the State, and other business services
and strategies that better engage employers in
workforce investment activities and make the
workforce development system more relevant to the
needs of State and local businesses, consistent with
the objectives of this title;
(ii) developing strategies for effectively serving
individuals with barriers to employment and for coordinating programs and services among one-stop partners;
(iii) the development or identification of education
and training programs that respond to real-time labor
market analysis, that utilize direct assessment and
prior learning assessment to measure and provide
credit for prior knowledge, skills, competencies, and
experiences, that evaluate such skills and competencies
for adaptability, that ensure credits are portable and
stackable for more skilled employment, and that accelerate course or credential completion;
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128 STAT. 1523
(iv) implementing programs to increase the
number of individuals training for and placed in nontraditional employment;
(v) carrying out activities to facilitate remote
access to services, including training services described
in subsection (c)(3), provided through a one-stop
delivery system, including facilitating access through
the use of technology;
(vi) supporting the provision of career services
described in subsection (c)(2) in the one-stop delivery
systems in the State;
(vii) coordinating activities with the child welfare
system to facilitate provision of services for children
and youth who are eligible for assistance under section
477 of the Social Security Act (42 U.S.C. 677);
(viii) activities—
(I) to improve coordination of workforce investment activities with economic development activities;
(II) to improve coordination of employment
and training activities with—
(aa) child support services, and assistance
provided by State and local agencies carrying
out part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.);
(bb) cooperative extension programs carried out by the Department of Agriculture;
(cc) programs carried out in local areas
for individuals with disabilities, including programs carried out by State agencies relating
to intellectual disabilities and developmental
disabilities, activities carried out by Statewide
Independent Living Councils established
under section 705 of the Rehabilitation Act
of 1973 (29 U.S.C. 796d), programs funded
under part B of chapter 1 of title VII of such
Act (29 U.S.C. 796e et seq.), and activities
carried out by centers for independent living,
as defined in section 702 of such Act (29 U.S.C.
796a);
(dd) adult education and literacy activities, including those provided by public
libraries;
(ee) activities in the corrections system
that assist ex-offenders in reentering the
workforce; and
(ff) financial literacy activities including
those described in section 129(b)(2)(D); and
(III) consisting of development and dissemination of workforce and labor market information;
(ix) conducting research and demonstration
projects related to meeting the employment and education needs of adult and dislocated workers;
(x) implementing promising services for workers
and businesses, which may include providing support
for education, training, skill upgrading, and statewide
networking for employees to become workplace
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PUBLIC LAW 113–128—JULY 22, 2014
learning advisors and maintain proficiency in carrying
out the activities associated with such advising;
(xi) providing incentive grants to local areas for
performance by the local areas on local performance
accountability measures described in section 116(c);
(xii) adopting, calculating, or commissioning for
approval an economic self-sufficiency standard for the
State that specifies the income needs of families, by
family size, the number and ages of children in the
family, and substate geographical considerations;
(xiii) developing and disseminating common intake
procedures and related items, including registration
processes, materials, or software; and
(xiv) providing technical assistance to local areas
that are implementing pay-for-performance contract
strategies, which technical assistance may include providing assistance with data collection, meeting data
entry requirements, identifying levels of performance,
and conducting evaluations of such strategies.
(B) LIMITATION.—
(i) IN GENERAL.—Of the funds allotted to a State
under sections 127(b) and 132(b) and reserved as
described in sections 128(a) and 133(a)(1) for a fiscal
year—
(I) not more than 5 percent of the amount
allotted under section 127(b)(1);
(II) not more than 5 percent of the amount
allotted under section 132(b)(1); and
(III) not more than 5 percent of the amount
allotted under section 132(b)(2),
may be used by the State for the administration of
statewide youth workforce investment activities carried
out under section 129 and statewide employment and
training activities carried out under this section.
(ii) USE OF FUNDS.—Funds made available for
administrative costs under clause (i) may be used for
the administrative cost of any of the statewide youth
workforce investment activities or statewide employment and training activities, regardless of whether
the funds were allotted to the State under section
127(b)(1) or paragraph (1) or (2) of section 132(b).
(b) LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—Funds allocated to a local area for adults under paragraph (2)(A) or (3),
as appropriate, of section 133(b), and funds allocated to a local
area for dislocated workers under section 133(b)(2)(B)—
(1) shall be used to carry out employment and training
activities described in subsection (c) for adults or dislocated
workers, respectively; and
(2) may be used to carry out employment and training
activities described in subsection (d) for adults or dislocated
workers, respectively.
(c) REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—
(1) IN GENERAL.—
(A) ALLOCATED FUNDS.—Funds allocated to a local area
for adults under paragraph (2)(A) or (3), as appropriate,
of section 133(b), and funds allocated to the local area
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128 STAT. 1525
for dislocated workers under section 133(b)(2)(B), shall be
used—
(i) to establish a one-stop delivery system described
in section 121(e);
(ii) to provide the career services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph;
(iii) to provide training services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph;
(iv) to establish and develop relationships and networks with large and small employers and their intermediaries; and
(v) to develop, convene, or implement industry or
sector partnerships.
(B) OTHER FUNDS.—Consistent with subsections (h) and
(i) of section 121, a portion of the funds made available
under Federal law authorizing the programs and activities
described in section 121(b)(1)(B), including the WagnerPeyser Act (29 U.S.C. 49 et seq.), shall be used as described
in clauses (i) and (ii) of subparagraph (A), to the extent
not inconsistent with the Federal law involved.
(2) CAREER SERVICES.—
(A) SERVICES PROVIDED.—Funds described in paragraph (1) shall be used to provide career services, which
shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and
shall, at a minimum, include—
(i) determinations of whether the individuals are
eligible to receive assistance under this subtitle;
(ii) outreach, intake (which may include worker
profiling), and orientation to the information and other
services available through the one-stop delivery
system;
(iii) initial assessment of skill levels (including
literacy, numeracy, and English language proficiency),
aptitudes, abilities (including skills gaps), and supportive service needs;
(iv) labor exchange services, including—
(I) job search and placement assistance and,
in
appropriate
cases,
career
counseling,
including—
(aa) provision of information on in-demand
industry sectors and occupations; and
(bb) provision of information on nontraditional employment; and
(II) appropriate recruitment and other business services on behalf of employers, including
small employers, in the local area, which services
may include services described in this subsection,
such as providing information and referral to
specialized business services not traditionally
offered through the one-stop delivery system;
(v) provision of referrals to and coordination of
activities with other programs and services, including
programs and services within the one-stop delivery
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system and, in appropriate cases, other workforce
development programs;
(vi) provision of workforce and labor market
employment statistics information, including the provision of accurate information relating to local, regional,
and national labor market areas, including—
(I) job vacancy listings in such labor market
areas;
(II) information on job skills necessary to
obtain the jobs described in subclause (I); and
(III) information relating to local occupations
in demand and the earnings, skill requirements,
and opportunities for advancement for such
occupations; and
(vii) provision of performance information and program cost information on eligible providers of training
services as described in section 122, provided by program, and eligible providers of youth workforce investment activities described in section 123, providers of
adult education described in title II, providers of career
and technical education activities at the postsecondary
level, and career and technical education activities
available to school dropouts, under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), and providers of vocational rehabilitation
services described in title I of the Rehabilitation Act
of 1973 (29 U.S.C. 720 et seq.);
(viii) provision of information, in formats that are
usable by and understandable to one-stop center customers, regarding how the local area is performing
on the local performance accountability measures
described in section 116(c) and any additional performance information with respect to the one-stop delivery
system in the local area;
(ix)(I) provision of information, in formats that
are usable by and understandable to one-stop center
customers, relating to the availability of supportive
services or assistance, including child care, child support, medical or child health assistance under title
XIX or XXI of the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.), benefits under the supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.), assistance through the earned income tax
credit under section 32 of the Internal Revenue Code
of 1986, and assistance under a State program for
temporary assistance for needy families funded under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) and other supportive services and transportation provided through funds made available under
such part, available in the local area; and
(II) referral to the services or assistance described
in subclause (I), as appropriate;
(x) provision of information and assistance
regarding filing claims for unemployment compensation;
Claims.
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128 STAT. 1527
(xi) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act;
(xii) services, if determined to be appropriate in
order for an individual to obtain or retain employment,
that consist of—
(I) comprehensive and specialized assessments
of the skill levels and service needs of adults and
dislocated workers, which may include—
(aa) diagnostic testing and use of other
assessment tools; and
(bb) in-depth interviewing and evaluation
to identify employment barriers and appropriate employment goals;
(II) development of an individual employment
plan, to identify the employment goals, appropriate
achievement objectives, and appropriate combination of services for the participant to achieve the
employment goals, including providing information
on eligible providers of training services pursuant
to paragraph (3)(F)(ii), and career pathways to
attain career objectives;
(III) group counseling;
(IV) individual counseling;
(V) career planning;
(VI)
short-term
prevocational
services,
including development of learning skills, communication skills, interviewing skills, punctuality,
personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized
employment or training;
(VII) internships and work experiences that
are linked to careers;
(VIII) workforce preparation activities;
(IX) financial literacy services, such as the
activities described in section 129(b)(2)(D);
(X) out-of-area job search assistance and
relocation assistance; or
(XI) English language acquisition and
integrated education and training programs; and
(xiii) followup services, including counseling
regarding the workplace, for participants in workforce
investment activities authorized under this subtitle
who are placed in unsubsidized employment, for not
less than 12 months after the first day of the employment, as appropriate.
(B) USE OF PREVIOUS ASSESSMENTS.—A one-stop operator or one-stop partner shall not be required to conduct
a new interview, evaluation, or assessment of a participant
under subparagraph (A)(xii) if the one-stop operator or
one-stop partner determines that it is appropriate to use
a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training
program.
(C) DELIVERY OF SERVICES.—The career services
described in subparagraph (A) shall be provided through
the one-stop delivery system—
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128 STAT. 1528
(i) directly through one-stop operators identified
pursuant to section 121(d); or
(ii) through contracts with service providers, which
may include contracts with public, private for-profit,
and private nonprofit service providers, approved by
the local board.
(3) TRAINING SERVICES.—
(A) IN GENERAL.—
(i) ELIGIBILITY.—Except as provided in clause (ii),
funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b),
and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), shall be used to
provide training services to adults and dislocated
workers, respectively—
(I) who, after an interview, evaluation, or
assessment, and career planning, have been determined by a one-stop operator or one-stop partner,
as appropriate, to—
(aa) be unlikely or unable to obtain or
retain employment, that leads to economic
self-sufficiency or wages comparable to or
higher than wages from previous employment,
through the career services described in paragraph (2)(A)(xii);
(bb) be in need of training services to
obtain or retain employment that leads to economic self-sufficiency or wages comparable to
or higher than wages from previous employment; and
(cc) have the skills and qualifications to
successfully participate in the selected program of training services;
(II) who select programs of training services
that are directly linked to the employment
opportunities in the local area or the planning
region, or in another area to which the adults
or dislocated workers are willing to commute or
relocate;
(III) who meet the requirements of subparagraph (B); and
(IV) who are determined to be eligible in
accordance with the priority system in effect under
subparagraph (E).
(ii) USE OF PREVIOUS ASSESSMENTS.—A one-stop
operator or one-stop partner shall not be required to
conduct a new interview, evaluation, or assessment
of a participant under clause (i) if the one-stop operator
or one-stop partner determines that it is appropriate
to use a recent interview, evaluation, or assessment
of the participant conducted pursuant to another education or training program.
(iii) RULE OF CONSTRUCTION.—Nothing in this
subparagraph shall be construed to mean an individual
is required to receive career services prior to receiving
training services.
(B) QUALIFICATION.—
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128 STAT. 1529
(i) REQUIREMENT.—Notwithstanding section 479B
of the Higher Education Act of 1965 (20 U.S.C. 1087uu)
and except as provided in clause (ii), provision of such
training services shall be limited to individuals who—
(I) are unable to obtain other grant assistance
for such services, including Federal Pell Grants
established under subpart 1 of part A of title IV
of the Higher Education Act of 1965 (20 U.S.C.
1070a et seq.); or
(II) require assistance beyond the assistance
made available under other grant assistance programs, including Federal Pell Grants.
(ii) REIMBURSEMENTS.—Training services may be
provided under this paragraph to an individual who
otherwise meets the requirements of this paragraph
while an application for a Federal Pell Grant is
pending, except that if such individual is subsequently
awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal
Pell Grant.
(iii) CONSIDERATION.—In determining whether an
individual requires assistance under clause (i)(II), a
one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of
participating in training services, including the costs
of dependent care and transportation, and other appropriate costs.
(C) PROVIDER QUALIFICATION.—Training services shall
be provided through providers identified in accordance with
section 122.
(D) TRAINING SERVICES.—Training services may
include—
(i) occupational skills training, including training
for nontraditional employment;
(ii) on-the-job training;
(iii) incumbent worker training in accordance with
subsection (d)(4);
(iv) programs that combine workplace training
with related instruction, which may include cooperative
education programs;
(v) training programs operated by the private
sector;
(vi) skill upgrading and retraining;
(vii) entrepreneurial training;
(viii) transitional jobs in accordance with subsection (d)(5);
(ix) job readiness training provided in combination
with services described in any of clauses (i) through
(viii);
(x) adult education and literacy activities,
including activities of English language acquisition and
integrated education and training programs, provided
concurrently or in combination with services described
in any of clauses (i) through (vii); and
(xi) customized training conducted with a commitment by an employer or group of employers to employ
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128 STAT. 1530
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an individual upon successful completion of the
training.
(E) PRIORITY.—With respect to funds allocated to a
local area for adult employment and training activities
under paragraph (2)(A) or (3) of section 133(b), priority
shall be given to recipients of public assistance, other lowincome individuals, and individuals who are basic skills
deficient for receipt of career services described in paragraph (2)(A)(xii) and training services. The appropriate
local board and the Governor shall direct the one-stop
operators in the local area with regard to making determinations related to such priority.
(F) CONSUMER CHOICE REQUIREMENTS.—
(i) IN GENERAL.—Training services provided under
this paragraph shall be provided in a manner that
maximizes consumer choice in the selection of an
eligible provider of such services.
(ii) ELIGIBLE PROVIDERS.—Each local board,
through one-stop centers, shall make available the list
of eligible providers of training services described in
section 122(d), and accompanying information, in
accordance with section 122(d).
(iii) INDIVIDUAL TRAINING ACCOUNTS.—An individual who seeks training services and who is eligible
pursuant to subparagraph (A), may, in consultation
with a career planner, select an eligible provider of
training services from the list of providers described
in clause (ii). Upon such selection, the one-stop operator
involved shall, to the extent practicable, refer such
individual to the eligible provider of training services,
and arrange for payment for such services through
an individual training account.
(iv) COORDINATION.—Each local board may,
through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or
sources to assist the individual in obtaining training
services.
(v) ADDITIONAL INFORMATION.—Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors
or occupations in the local area involved.
(G) USE OF INDIVIDUAL TRAINING ACCOUNTS.—
(i) IN GENERAL.—Except as provided in clause (ii),
training services provided under this paragraph shall
be provided through the use of individual training
accounts in accordance with this paragraph, and shall
be provided to eligible individuals through the onestop delivery system.
(ii) TRAINING CONTRACTS.—Training services
authorized under this paragraph may be provided
pursuant to a contract for services in lieu of an individual training account if—
(I) the requirements of subparagraph (F) are
met;
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1531
(II) such services are on-the-job training, customized training, incumbent worker training, or
transitional employment;
(III) the local board determines there are an
insufficient number of eligible providers of training
services in the local area involved (such as in
a rural area) to accomplish the purposes of a
system of individual training accounts;
(IV) the local board determines that there is
a training services program of demonstrated
effectiveness offered in the local area by a community-based organization or another private
organization to serve individuals with barriers to
employment;
(V) the local board determines that—
(aa) it would be most appropriate to award
a contract to an institution of higher education
or other eligible provider of training services
in order to facilitate the training of multiple
individuals in in-demand industry sectors or
occupations; and
(bb) such contract does not limit customer
choice; or
(VI) the contract is a pay-for-performance contract.
(iii) LINKAGE TO OCCUPATIONS IN DEMAND.—
Training services provided under this paragraph shall
be directly linked to an in-demand industry sector
or occupation in the local area or the planning region,
or in another area to which an adult or dislocated
worker receiving such services is willing to relocate,
except that a local board may approve training services
for occupations determined by the local board to be
in sectors of the economy that have a high potential
for sustained demand or growth in the local area.
(iv) RULE OF CONSTRUCTION.—Nothing in this
paragraph shall be construed to preclude the combined
use of individual training accounts and contracts in
the provision of training services, including arrangements that allow individuals receiving individual
training accounts to obtain training services that are
contracted for under clause (ii).
(H) REIMBURSEMENT FOR ON-THE-JOB TRAINING.—
(i) REIMBURSEMENT LEVEL.—For purposes of the
provision of on-the-job training under this paragraph,
the Governor or local board involved may increase
the amount of the reimbursement described in section
3(44) to an amount of up to 75 percent of the wage
rate of a participant for a program carried out under
chapter 2 or this chapter, if, respectively—
(I) the Governor approves the increase with
respect to a program carried out with funds
reserved by the State under that chapter, taking
into account the factors described in clause (ii);
or
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128 STAT. 1532
PUBLIC LAW 113–128—JULY 22, 2014
(II) the local board approves the increase with
respect to a program carried out with funds allocated to a local area under such chapter, taking
into account those factors.
(ii) FACTORS.—For purposes of clause (i), the Governor or local board, respectively, shall take into
account factors consisting of—
(I) the characteristics of the participants;
(II) the size of the employer;
(III) the quality of employer-provided training
and advancement opportunities; and
(IV) such other factors as the Governor or
local board, respectively, may determine to be
appropriate, which may include the number of
employees participating in the training, wage and
benefit levels of those employees (at present and
anticipated upon completion of the training), and
relation of the training to the competitiveness of
a participant.
(d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—
(1) IN GENERAL.—
(A) ACTIVITIES.—Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), may be used
to provide, through the one-stop delivery system involved
(and through collaboration with the local board, for the
purpose of the activities described in clauses (vii) and (ix))—
(i) customized screening and referral of qualified
participants in training services described in subsection
(c)(3) to employers;
(ii) customized employment-related services to
employers, employer associations, or other such
organizations on a fee-for-service basis;
(iii) implementation of a pay-for-performance contract strategy for training services, for which the local
board may reserve and use not more than 10 percent
of the total funds allocated to the local area under
paragraph (2) or (3) of section 133(b);
(iv) customer support to enable individuals with
barriers to employment (including individuals with
disabilities) and veterans, to navigate among multiple
services and activities for such populations;
(v) technical assistance for one-stop operators, onestop partners, and eligible providers of training services, regarding the provision of services to individuals
with disabilities in local areas, including the development and training of staff, the provision of outreach,
intake, assessments, and service delivery, the coordination of services across providers and programs, and
the development of performance accountability measures;
(vi) employment and training activities provided
in coordination with—
(I) child support enforcement activities of the
State and local agencies carrying out part D of
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1533
title IV of the Social Security Act (42 U.S.C. 651
et seq.);
(II) child support services, and assistance, provided by State and local agencies carrying out
part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.);
(III) cooperative extension programs carried
out by the Department of Agriculture; and
(IV) activities to facilitate remote access to
services provided through a one-stop delivery
system, including facilitating access through the
use of technology;
(vii) activities—
(I) to improve coordination between workforce
investment activities and economic development
activities carried out within the local area involved,
and to promote entrepreneurial skills training and
microenterprise services;
(II) to improve services and linkages between
the local workforce investment system (including
the local one-stop delivery system) and employers,
including small employers, in the local area,
through services described in this section; and
(III) to strengthen linkages between the onestop delivery system and unemployment insurance
programs;
(viii) training programs for displaced homemakers
and for individuals training for nontraditional occupations, in conjunction with programs operated in the
local area;
(ix) activities to provide business services and
strategies that meet the workforce investment needs
of area employers, as determined by the local board,
consistent with the local plan under section 108, which
services—
(I) may be provided through effective business
intermediaries working in conjunction with the
local board, and may also be provided on a feefor-service basis or through the leveraging of economic development, philanthropic, and other
public and private resources in a manner determined appropriate by the local board; and
(II) may include—
(aa)
developing
and
implementing
industry sector strategies (including strategies
involving industry partnerships, regional skills
alliances, industry skill panels, and sectoral
skills partnerships);
(bb) developing and delivering innovative
workforce investment services and strategies
for area employers, which may include career
pathways, skills upgrading, skill standard
development and certification for recognized
postsecondary credential or other employer
use, apprenticeship, and other effective initiatives for meeting the workforce investment
needs of area employers and workers;
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128 STAT. 1534
PUBLIC LAW 113–128—JULY 22, 2014
(cc) assistance to area employers in managing reductions in force in coordination with
rapid response activities provided under subsection (a)(2)(A) and with strategies for the
aversion of layoffs, which strategies may
include early identification of firms at risk
of layoffs, use of feasibility studies to assess
the needs of and options for at-risk firms, and
the delivery of employment and training
activities to address risk factors; and
(dd) the marketing of business services
offered under this title, to appropriate area
employers, including small and mid-sized
employers;
(x) activities to adjust the economic self-sufficiency
standards referred to in subsection (a)(3)(A)(xii) for
local factors, or activities to adopt, calculate, or
commission for approval, economic self-sufficiency
standards for the local areas that specify the income
needs of families, by family size, the number and ages
of children in the family, and substate geographical
considerations;
(xi) improved coordination between employment
and training activities and programs carried out in
the local area for individuals with disabilities,
including programs carried out by State agencies
relating to intellectual disabilities and developmental
disabilities, activities carried out by Statewide Independent Living Councils established under section 705
of the Rehabilitation Act of 1973 (29 U.S.C. 796d),
programs funded under part B of chapter 1 of title
VII of such Act (29 U.S.C. 796e et seq.), and activities
carried out by centers for independent living, as defined
in section 702 of such Act (29 U.S.C. 796a); and
(xii) implementation of promising services to
workers and businesses, which may include support
for education, training, skill upgrading, and statewide
networking for employees to become workplace
learning advisors and maintain proficiency in carrying
out the activities associated with such advising.
(B) WORK SUPPORT ACTIVITIES FOR LOW-WAGE
WORKERS.—
(i) IN GENERAL.—Funds allocated to a local area
for adults under paragraph (2)(A) or (3), as appropriate,
of section 133(b), and funds allocated to the local area
for dislocated workers under section 133(b)(2)(B), may
be used to provide, through the one-stop delivery
system involved, work support activities designed to
assist low-wage workers in retaining and enhancing
employment. The one-stop partners of the system shall
coordinate the appropriate programs and resources of
the partners with the activities and resources provided
under this subparagraph.
(ii) ACTIVITIES.—The work support activities
described in clause (i) may include the provision of
activities described in this section through the onestop delivery system in a manner that enhances the
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128 STAT. 1535
opportunities of such workers to participate in the
activities, such as the provision of activities described
in this section during nontraditional hours and the
provision of onsite child care while such activities are
being provided.
(2) SUPPORTIVE SERVICES.—Funds allocated to a local area
for adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to
provide supportive services to adults and dislocated workers,
respectively—
(A) who are participating in programs with activities
authorized in paragraph (2) or (3) of subsection (c); and
(B) who are unable to obtain such supportive services
through other programs providing such services.
(3) NEEDS-RELATED PAYMENTS.—
(A) IN GENERAL.—Funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), may be used
to provide needs-related payments to adults and dislocated
workers, respectively, who are unemployed and do not
qualify for (or have ceased to qualify for) unemployment
compensation for the purpose of enabling such individuals
to participate in programs of training services under subsection (c)(3).
(B) ADDITIONAL ELIGIBILITY REQUIREMENTS.—In addition to the requirements contained in subparagraph (A),
a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related
payments under this paragraph only if such worker was
enrolled in the training services—
(i) by the end of the 13th week after the most
recent layoff that resulted in a determination of the
worker’s eligibility for employment and training activities for dislocated workers under this subtitle; or
(ii) if later, by the end of the 8th week after the
worker is informed that a short-term layoff will exceed
6 months.
(C) LEVEL OF PAYMENTS.—The level of a needs-related
payment made to a dislocated worker under this paragraph
shall not exceed the greater of—
(i) the applicable level of unemployment compensation; or
(ii) if such worker did not qualify for unemployment compensation, an amount equal to the poverty
line, for an equivalent period, which amount shall be
adjusted to reflect changes in total family income.
(4) INCUMBENT WORKER TRAINING PROGRAMS.—
(A) IN GENERAL.—
(i) STANDARD RESERVATION OF FUNDS.—The local
board may reserve and use not more than 20 percent
of the funds allocated to the local area involved under
section 133(b) to pay for the Federal share of the
cost of providing training through a training program
for incumbent workers, carried out in accordance with
this paragraph.
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(ii) DETERMINATION OF ELIGIBILITY.—For the purpose of determining the eligibility of an employer to
receive funding under clause (i), the local board shall
take into account factors consisting of—
(I) the characteristics of the participants in
the program;
(II) the relationship of the training to the
competitiveness of a participant and the employer;
and
(III) such other factors as the local board may
determine to be appropriate, which may include
the number of employees participating in the
training, the wage and benefit levels of those
employees (at present and anticipated upon
completion of the training), and the existence of
other training and advancement opportunities provided by the employer.
(iii) STATEWIDE IMPACT.—The Governor or State
board involved may make recommendations to the local
board for providing incumbent worker training that
has statewide impact.
(B) TRAINING ACTIVITIES.—The training program for
incumbent workers carried out under this paragraph shall
be carried out by the local board in conjunction with the
employers or groups of employers of such workers (which
may include employers in partnership with other entities
for the purposes of delivering training) for the purpose
of assisting such workers in obtaining the skills necessary
to retain employment or avert layoffs.
(C) EMPLOYER PAYMENT OF NON-FEDERAL SHARE.—
Employers participating in the program carried out under
this paragraph shall be required to pay for the non-Federal
share of the cost of providing the training to incumbent
workers of the employers.
(D) NON-FEDERAL SHARE.—
(i) FACTORS.—Subject to clause (ii), the local board
shall establish the non-Federal share of such cost
(taking into consideration such other factors as the
number of employees participating in the training, the
wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training),
the relationship of the training to the competitiveness
of the employer and employees, and the availability
of other employer-provided training and advancement
opportunities.
(ii) LIMITS.—The non-Federal share shall not be
less than—
(I) 10 percent of the cost, for employers with
not more than 50 employees;
(II) 25 percent of the cost, for employers with
more than 50 employees but not more than 100
employees; and
(III) 50 percent of the cost, for employers with
more than 100 employees.
(iii) CALCULATION OF EMPLOYER SHARE.—The nonFederal share provided by an employer participating
in the program may include the amount of the wages
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128 STAT. 1537
paid by the employer to a worker while the worker
is attending a training program under this paragraph.
The employer may provide the share in cash or in
kind, fairly evaluated.
(5) TRANSITIONAL JOBS.—The local board may use not more
than 10 percent of the funds allocated to the local area involved
under section 133(b) to provide transitional jobs under subsection (c)(3) that—
(A) are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors
for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history;
(B) are combined with comprehensive employment and
supportive services; and
(C) are designed to assist the individuals described
in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills
that lead to entry into and retention in unsubsidized
employment.
CHAPTER 4—GENERAL WORKFORCE INVESTMENT
PROVISIONS
SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
29 USC 3181.
(a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—There are
authorized to be appropriated to carry out the activities described
in section 127(a), $820,430,000 for fiscal year 2015, $883,800,000
for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000
for fiscal year 2018, $943,828,000 for fiscal year 2019, and
$963,837,000 for fiscal year 2020.
(b) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.—There are
authorized to be appropriated to carry out the activities described
in section 132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000
for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000
for fiscal year 2018, $881,303,000 for fiscal year 2019, and
$899,987,000 for fiscal year 2020.
(c) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.—There are authorized to be appropriated to carry out the
activities described in section 132(a)(2), $1,222,457,000 for fiscal
year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for
fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000
for fiscal year 2019, and $1,436,137,000 for fiscal year 2020.
Subtitle C—Job Corps
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SEC. 141. PURPOSES.
29 USC 3191.
The purposes of this subtitle are—
(1) to maintain a national Job Corps program, carried
out in partnership with States and communities, to—
(A) assist eligible youth to connect to the labor force
by providing them with intensive social, academic, career
and technical education, and service-learning opportunities,
in primarily residential centers, in order for such youth
to obtain secondary school diplomas or recognized postsecondary credentials leading to—
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(i) successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will
result in economic self-sufficiency and opportunities
for advancement; or
(ii) enrollment in postsecondary education,
including an apprenticeship program; and
(B) support responsible citizenship;
(2) to set forth standards and procedures for selecting
individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps centers
in which enrollees will participate in intensive programs of
activities described in this subtitle; and
(4) to prescribe various other powers, duties, and responsibilities incident to the operation and continuing development
of the Job Corps.
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29 USC 3192.
SEC. 142. DEFINITIONS.
In this subtitle:
(1) APPLICABLE LOCAL BOARD.—The term ‘‘applicable local
board’’ means a local board—
(A) that provides information for a Job Corps center
on local employment opportunities and the job skills needed
to obtain the opportunities; and
(B) that serves communities in which the graduates
of the Job Corps center seek employment.
(2) APPLICABLE ONE-STOP CENTER.—The term ‘‘applicable
one-stop center’’ means a one-stop center that provides services,
such as referral, assessment, recruitment, and placement, to
support the purposes of the Job Corps.
(3) ENROLLEE.—The term ‘‘enrollee’’ means an individual
who has voluntarily applied for, been selected for, and enrolled
in the Job Corps program, and remains with the program,
but has not yet become a graduate.
(4) FORMER ENROLLEE.—The term ‘‘former enrollee’’ means
an individual who has voluntarily applied for, been selected
for, and enrolled in the Job Corps program, but left the program
prior to becoming a graduate.
(5) GRADUATE.—The term ‘‘graduate’’ means an individual
who has voluntarily applied for, been selected for, and enrolled
in the Job Corps program and who, as a result of participation
in the Job Corps program, has received a secondary school
diploma or recognized equivalent, or completed the requirements of a career and technical education and training program
that prepares individuals for employment leading to economic
self-sufficiency or entrance into postsecondary education or
training.
(6) JOB CORPS.—The term ‘‘Job Corps’’ means the Job Corps
described in section 143.
(7) JOB CORPS CENTER.—The term ‘‘Job Corps center’’ means
a center described in section 147.
(8) OPERATOR.—The term ‘‘operator’’ means an entity
selected under this subtitle to operate a Job Corps center.
(9) REGION.—The term ‘‘region’’ means an area defined
by the Secretary.
(10) SERVICE PROVIDER.—The term ‘‘service provider’’
means an entity selected under this subtitle to provide services
described in this subtitle to a Job Corps center.
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128 STAT. 1539
SEC. 143. ESTABLISHMENT.
29 USC 3193.
There shall be within the Department of Labor a ‘‘Job Corps’’.
SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
29 USC 3194.
(a) IN GENERAL.—To be eligible to become an enrollee, an
individual shall be—
(1) not less than age 16 and not more than age 21 on
the date of enrollment, except that—
(A) not more than 20 percent of the individuals enrolled
in the Job Corps may be not less than age 22 and not
more than age 24 on the date of enrollment; and
(B) either such maximum age limitation may be waived
by the Secretary, in accordance with regulations of the
Secretary, in the case of an individual with a disability;
(2) a low-income individual; and
(3) an individual who is one or more of the following:
(A) Basic skills deficient.
(B) A school dropout.
(C) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e–2(6))), a homeless child or youth (as defined
in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))), a runaway, an individual
in foster care, or an individual who was in foster care
and has aged out of the foster care system.
(D) A parent.
(E) An individual who requires additional education,
career and technical education or training, or workforce
preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency.
(b) SPECIAL RULE FOR VETERANS.—Notwithstanding the
requirement of subsection (a)(2), a veteran shall be eligible to
become an enrollee under subsection (a) if the individual—
(1) meets the requirements of paragraphs (1) and (3) of
such subsection; and
(2) does not meet the requirement of subsection (a)(2)
because the military income earned by such individual within
the 6-month period prior to the individual’s application for
Job Corps prevents the individual from meeting such requirement.
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SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT
OF ENROLLEES.
(a) STANDARDS AND PROCEDURES.—
(1) IN GENERAL.—The Secretary shall prescribe specific
standards and procedures for the recruitment, screening, and
selection of eligible applicants for the Job Corps, after considering recommendations from Governors of States, local boards,
and other interested parties.
(2) METHODS.—In prescribing standards and procedures
under paragraph (1), the Secretary, at a minimum, shall—
(A) prescribe procedures for informing enrollees that
drug tests will be administered to the enrollees and the
results received within 45 days after the enrollees enroll
in the Job Corps;
(B) establish standards for recruitment of Job Corps
applicants;
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Time period.
29 USC 3195.
Deadline.
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Contracts.
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(C) establish standards and procedures for—
(i) determining, for each applicant, whether the
educational and career and technical education and
training needs of the applicant can best be met through
the Job Corps program or an alternative program in
the community in which the applicant resides; and
(ii) obtaining from each applicant pertinent data
relating to background, needs, and interests for determining eligibility and potential assignment;
(D) where appropriate, take measures to improve the
professional capability of the individuals conducting
screening of the applicants; and
(E) assure appropriate representation of enrollees from
urban areas and from rural areas.
(3) IMPLEMENTATION.—The standards and procedures shall
be implemented through arrangements with—
(A) applicable one-stop centers;
(B) organizations that have a demonstrated record of
effectiveness in serving at-risk youth and placing such
youth into employment, including community action agencies, business organizations, or labor organizations; and
(C) child welfare agencies that are responsible for children and youth eligible for benefits and services under
section 477 of the Social Security Act (42 U.S.C. 677).
(4) CONSULTATION.—The standards and procedures shall
provide for necessary consultation with individuals and
organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers.
(5) REIMBURSEMENT.—The Secretary is authorized to enter
into contracts with and make payments to individuals and
organizations for the cost of conducting recruitment, screening,
and selection of eligible applicants for the Job Corps, as provided for in this section. The Secretary shall make no payment
to any individual or organization solely as compensation for
referring the names of applicants for the Job Corps.
(b) SPECIAL LIMITATIONS ON SELECTION.—
(1) IN GENERAL.—No individual shall be selected as an
enrollee unless the individual or organization implementing
the standards and procedures described in subsection (a) determines that—
(A) there is a reasonable expectation that the individual considered for selection can participate successfully
in group situations and activities, and is not likely to
engage in behavior that would prevent other enrollees from
receiving the benefit of the Job Corps program or be
incompatible with the maintenance of sound discipline and
satisfactory relationships between the Job Corps center
to which the individual might be assigned and communities
surrounding the Job Corps center;
(B) the individual manifests a basic understanding of
both the rules to which the individual will be subject and
of the consequences of failure to observe the rules, and
agrees to comply with such rules; and
(C) the individual has passed a background check conducted in accordance with procedures established by the
Secretary and with applicable State and local laws.
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(2) INDIVIDUALS ON PROBATION, PAROLE, OR SUPERVISED
RELEASE.—An individual on probation, parole, or supervised
release may be selected as an enrollee only if release from
the supervision of the probation or parole official involved is
satisfactory to the official and the Secretary and does not violate
applicable laws (including regulations). No individual shall be
denied a position in the Job Corps solely on the basis of individual contact with the criminal justice system except for a
disqualifying conviction as specified in paragraph (3).
(3) INDIVIDUALS CONVICTED OF CERTAIN CRIMES.—An individual shall not be selected as an enrollee if the individual
has been convicted of a felony consisting of murder (as described
in section 1111 of title 18, United States Code), child abuse,
or a crime involving rape or sexual assault.
(c) ASSIGNMENT PLAN.—
(1) IN GENERAL.—Every 2 years, the Secretary shall develop
and implement a plan for assigning enrollees to Job Corps
centers. In developing the plan, the Secretary shall, based
on the analysis described in paragraph (2), establish targets,
applicable to each Job Corps center, for—
(A) the maximum attainable percentage of enrollees
at the Job Corps center that reside in the State in which
the center is located; and
(B) the maximum attainable percentage of enrollees
at the Job Corps center that reside in the region in which
the center is located, and in surrounding regions.
(2) ANALYSIS.—In order to develop the plan described in
paragraph (1), every 2 years the Secretary, in consultation
with operators of Job Corps centers, shall analyze relevant
factors relating to each Job Corps center, including—
(A) the size of the population of individuals eligible
to participate in Job Corps in the State and region in
which the Job Corps center is located, and in surrounding
regions;
(B) the relative demand for participation in the Job
Corps in the State and region, and in surrounding regions;
(C) the capacity and utilization of the Job Corps center,
including the education, training, and supportive services
provided through the center; and
(D) the performance of the Job Corps center relating
to the expected levels of performance for the indicators
described in section 159(c)(1), and whether any actions
have been taken with respect to such center pursuant
to paragraphs (2) and (3) of section 159(f).
(d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.—
(1) IN GENERAL.—After an individual has been selected
for the Job Corps in accordance with the standards and procedures of the Secretary under subsection (a), the enrollee shall
be assigned to the Job Corps center that offers the type of
career and technical education and training selected by the
individual and, among the centers that offer such education
and training, is closest to the home of the individual. The
Secretary may waive this requirement if—
(A) the enrollee would be unduly delayed in participating in the Job Corps program because the closest center
is operating at full capacity; or
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(B) the parent or guardian of the enrollee requests
assignment of the enrollee to another Job Corps center
due to circumstances in the community of the enrollee
that would impair prospects for successful participation
in the Job Corps program.
(2) ENROLLEES WHO ARE YOUNGER THAN 18.—An enrollee
who is younger than 18 shall not be assigned to a Job Corps
center other than the center closest to the home that offers
the career and technical education and training desired by
the enrollee pursuant to paragraph (1) if the parent or guardian
of the enrollee objects to the assignment.
29 USC 3196.
SEC. 146. ENROLLMENT.
(a) RELATIONSHIP BETWEEN ENROLLMENT AND MILITARY
OBLIGATIONS.—Enrollment in the Job Corps shall not relieve any
individual of obligations under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.).
(b) PERIOD OF ENROLLMENT.—No individual may be enrolled
in the Job Corps for more than 2 years, except—
(1) in a case in which completion of an advanced career
training program under section 148(c) would require an individual to participate in the Job Corps for not more than one
additional year;
(2) in the case of an individual with a disability who
would reasonably be expected to meet the standards for a
Job Corps graduate, as defined under section 142(5), if allowed
to participate in the Job Corps for not more than 1 additional
year;
(3) in the case of an individual who participates in national
service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the
Job Corps for the amount of time equal to the period of national
service; or
(4) as the Secretary may authorize in a special case.
29 USC 3197.
SEC. 147. JOB CORPS CENTERS.
(a) OPERATORS AND SERVICE PROVIDERS.—
(1) ELIGIBLE ENTITIES.—
(A) OPERATORS.—The Secretary shall enter into an
agreement with a Federal, State, or local agency, an area
career and technical education school, a residential career
and technical education school, or a private organization,
for the operation of each Job Corps center.
(B) PROVIDERS.—The Secretary may enter into an
agreement with a local entity, or other entity with the
necessary capacity, to provide activities described in this
subtitle to a Job Corps center.
(2) SELECTION PROCESS.—
(A) COMPETITIVE BASIS.—Except as provided in subsections (a) and (b) of section 3304 of title 41, United
States Code, the Secretary shall select on a competitive
basis an entity to operate a Job Corps center and entities
to provide activities described in this subtitle to the Job
Corps center. In developing a solicitation for an operator
or service provider, the Secretary shall consult with the
Governor of the State in which the center is located, the
workforce council for the Job Corps center (if established),
and the applicable local board regarding the contents of
Contracts.
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128 STAT. 1543
such solicitation, including elements that will promote the
consistency of the activities carried out through the center
with the objectives set forth in the State plan or in a
local plan.
(B) RECOMMENDATIONS AND CONSIDERATIONS.—
(i) OPERATORS.—In selecting an entity to operate
a Job Corps center, the Secretary shall consider—
(I) the ability of the entity to coordinate the
activities carried out through the Job Corps center
with activities carried out under the appropriate
State plan and local plans;
(II) the ability of the entity to offer career
and technical education and training that has been
proposed by the workforce council under section
154(c), and the degree to which such education
and training reflects employment opportunities in
the local areas in which enrollees at the center
intend to seek employment;
(III) the degree to which the entity demonstrates relationships with the surrounding
communities, employers, labor organizations, State
boards, local boards, applicable one-stop centers,
and the State and region in which the center is
located;
(IV) the performance of the entity, if any,
relating to operating or providing activities
described in this subtitle to a Job Corps center,
including information regarding the entity in any
reports developed by the Office of Inspector General of the Department of Labor and the entity’s
demonstrated effectiveness in assisting individuals
in achieving the primary indicators of performance
for
eligible
youth
described
in
section
116(b)(2)(A)(ii); and
(V) the ability of the entity to demonstrate
a record of successfully assisting at-risk youth to
connect to the workforce, including providing them
with intensive academics and career and technical
education and training.
(ii) PROVIDERS.—In selecting a service provider for
a Job Corps center, the Secretary shall consider the
factors described in clause (i).
(3) ADDITIONAL SELECTION FACTORS.—To be eligible to
operate a Job Corps center, an entity shall submit to the
Secretary, at such time and in such manner as the Secretary
may require, information related to additional selection factors,
which shall include the following:
(A) A description of the program activities that will
be offered at the center and how the academics and career
and technical education and training reflect State and local
employment opportunities, including opportunities in indemand industry sectors and occupations recommended by
the workforce council under section 154(c)(2)(A).
(B) A description of the counseling, placement, and
support activities that will be offered at the center,
including a description of the strategies and procedures
the entity will use to place graduates into unsubsidized
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128 STAT. 1544
employment or education leading to a recognized postsecondary credential upon completion of the program.
(C) A description of the demonstrated record of
effectiveness that the entity has in placing at-risk youth
into employment and postsecondary education, including
past performance of operating a Job Corps center under
this subtitle or subtitle C of title I of the Workforce Investment Act of 1998, and as appropriate, the entity’s demonstrated effectiveness in assisting individuals in achieving
the indicators of performance for eligible youth described
in section 116(b)(2)(A)(ii).
(D) A description of the relationships that the entity
has developed with State boards, local boards, applicable
one-stop centers, employers, labor organizations, State and
local educational agencies, and the surrounding communities in which the center is located, in an effort to promote
a comprehensive statewide workforce development system.
(E) A description of the entity’s ability to coordinate
the activities carried out through the Job Corps center
with activities carried out under the appropriate State
plan and local plans.
(F) A description of the strong fiscal controls the entity
has in place to ensure proper accounting of Federal funds,
and a description of how the entity will meet the requirements of section 159(a).
(G) A description of the steps to be taken to control
costs in accordance with section 159(a)(3).
(H) A detailed budget of the activities that will be
supported using funds under this subtitle and non-Federal
resources.
(I) An assurance the entity is licensed to operate in
the State in which the center is located.
(J) An assurance the entity will comply with basic
health and safety codes, which shall include the disciplinary
measures described in section 152(b).
(K) Any other information on additional selection factors that the Secretary may require.
(b) HIGH-PERFORMING CENTERS.—
(1) IN GENERAL.—If an entity meets the requirements
described in paragraph (2) as applied to a particular Job Corps
center, such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such
center.
(2) HIGH PERFORMANCE.—An entity shall be considered to
be an operator of a high-performing center if the Job Corps
center operated by the entity—
(A) is ranked among the top 20 percent of Job Corps
centers for the most recent preceding program year; and
(B) meets the expected levels of performance established under section 159(c)(1) and, with respect to each
of the primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii)—
(i) for the period of the most recent preceding
3 program years for which information is available
at the time the determination is made, achieved an
average of 100 percent, or higher, of the expected level
Applicability.
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of performance established under section 159(c)(1) for
the indicator; and
(ii) for the most recent preceding program year
for which information is available at the time the determination is made, achieved 100 percent, or higher,
of the expected level of performance established under
such section for the indicator.
(3) TRANSITION.—If any of the program years described
in paragraph (2)(B) precedes the implementation of the
establishment of expected levels of performance under section
159(c) and the application of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii), an
entity shall be considered an operator of a high-performing
center during that period if the Job Corps center operated
by the entity—
(A) meets the requirements of paragraph (2)(B) with
respect to such preceding program years using the performance of the Job Corps center regarding the national goals
or targets established by the Office of the Job Corps under
the previous performance accountability system for—
(i) the 6-month follow-up placement rate of graduates in employment, the military, education, or
training;
(ii) the 12–month follow-up placement rate of graduates in employment, the military, education, or
training;
(iii) the 6-month follow-up average weekly earnings
of graduates;
(iv) the rate of attainment of secondary school
diplomas or their recognized equivalent;
(v) the rate of attainment of completion certificates
for career and technical training;
(vi) average literacy gains; and
(vii) average numeracy gains; or
(B) is ranked among the top 5 percent of Job Corps
centers for the most recent preceding program year.
(c) CHARACTER AND ACTIVITIES.—Job Corps centers may be
residential or nonresidential in character, and shall be designed
and operated so as to provide enrollees, in a well-supervised setting,
with access to activities described in this subtitle. In any year,
no more than 20 percent of the individuals enrolled in the Job
Corps may be nonresidential participants in the Job Corps.
(d) CIVILIAN CONSERVATION CENTERS.—
(1) IN GENERAL.—The Job Corps centers may include
Civilian Conservation Centers, operated under an agreement
between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers
shall provide, in addition to academics, career and technical
education and training, and workforce preparation skills
training, programs of work experience to conserve, develop,
or manage public natural resources or public recreational areas
or to develop community projects in the public interest.
(2) ASSISTANCE DURING DISASTERS.—Enrollees in Civilian
Conservation Centers may provide assistance in addressing
national, State, and local disasters, consistent with current
child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such
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Contracts.
Urban and rural
areas.
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Designation.
Time periods.
Time periods.
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assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the
Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
(3) NATIONAL LIAISON.—The Secretary of Agriculture shall
designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor
and Agriculture.
(e) INDIAN TRIBES.—
(1) GENERAL AUTHORITY.—The Secretary may enter into
agreements with Indian tribes to operate Job Corps centers
for Indians.
(2) DEFINITIONS.—In this subsection, the terms ‘‘Indian’’
and ‘‘Indian tribe’’ have the meanings given such terms in
subsections (d) and (e), respectively, of section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(f) LENGTH OF AGREEMENT.—The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The
Secretary may exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years,
consistent with the requirements of subsection (g).
(g) RENEWAL CONDITIONS.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall not renew the terms of an agreement for any 1-year
additional period described in subsection (f) for an entity to
operate a particular Job Corps center if, for both of the 2
most recent preceding program years for which information
is available at the time the determination is made, or if a
second program year is not available, the preceding year for
which information is available, such center—
(A) has been ranked in the lowest 10 percent of Job
Corps centers; and
(B) failed to achieve an average of 50 percent or higher
of the expected level of performance under section 159(c)(1)
with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii).
(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary may exercise an option to renew the agreement for
no more than 2 additional years if the Secretary determines
such renewal would be in the best interest of the Job Corps
program, taking into account factors including—
(A) significant improvements in program performance
in carrying out a performance improvement plan under
section 159(f)(2);
(B) that the performance is due to circumstances
beyond the control of the entity, such as an emergency
or disaster, as defined in section 170(a)(1);
(C) a significant disruption in the operations of the
center, including in the ability to continue to provide services to students, or significant increase in the cost of such
operations; or
(D) a significant disruption in the procurement process
with respect to carrying out a competition for the selection
of a center operator.
(3) DETAILED EXPLANATION.—If the Secretary exercises an
option under paragraph (2), the Secretary shall provide, to
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the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, a detailed explanation of
the rationale for exercising such option.
(4) ADDITIONAL CONSIDERATIONS.—The Secretary shall only
renew the agreement of an entity to operate a Job Corps
center if the entity—
(A) has a satisfactory record of integrity and business
ethics;
(B) has adequate financial resources to perform the
agreement;
(C) has the necessary organization, experience,
accounting and operational controls, and technical skills;
and
(D) is otherwise qualified and eligible under applicable
laws and regulations, including that the contractor is not
under suspension or debarred from eligibility for Federal
contracts.
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SEC. 148. PROGRAM ACTIVITIES.
29 USC 3198.
(a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.—
(1) IN GENERAL.—Each Job Corps center shall provide
enrollees with an intensive, well organized, and fully supervised
program of education, including English language acquisition
programs, career and technical education and training, work
experience, work-based learning, recreational activities, physical rehabilitation and development, driver’s education, and
counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned
to the center with access to career services described in clauses
(i) through (xi) of section 134(c)(2)(A).
(2) RELATIONSHIP TO OPPORTUNITIES.—The activities provided under this subsection shall be targeted to helping
enrollees, on completion of their enrollment—
(A) secure and maintain meaningful unsubsidized
employment;
(B) enroll in and complete secondary education or postsecondary education or training programs, including other
suitable career and technical education and training, and
apprenticeship programs; or
(C) satisfy Armed Forces requirements.
(3) LINK TO EMPLOYMENT OPPORTUNITIES.—The career and
technical education and training provided shall be linked to
employment opportunities in in-demand industry sectors and
occupations in the State or local area in which the Job Corps
center is located and, to the extent practicable, in the State
or local area in which the enrollee intends to seek employment
after graduation.
(b) ACADEMIC AND CAREER AND TECHNICAL EDUCATION AND
TRAINING.—The Secretary may arrange for career and technical
education and training of enrollees through local public or private
educational agencies, career and technical educational institutions,
technical institutes, or national service providers, whenever such
entities provide education and training substantially equivalent
in cost and quality to that which the Secretary could provide
through other means.
(c) ADVANCED CAREER TRAINING PROGRAMS.—
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(1) IN GENERAL.—The Secretary may arrange for programs
of advanced career training for selected enrollees in which
the enrollees may continue to participate for a period of not
to exceed 1 year in addition to the period of participation
to which the enrollees would otherwise be limited. The advanced
career training may be provided through the eligible providers
of training services identified under section 122.
(2) BENEFITS.—During the period of participation in an
advanced career training program, an enrollee shall be eligible
for full Job Corps benefits, or a monthly stipend equal to
the average value of the residential support, food, allowances,
and other benefits provided to enrollees assigned to residential
Job Corps centers.
(3) DEMONSTRATION.—The Secretary shall develop standards by which any operator seeking to enroll additional
enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional
enrollment, that—
(A) participants in such program have achieved a satisfactory rate of completion and placement in training-related
jobs; and
(B) for the most recently preceding 2 program years,
such operator has, on average, met or exceeded the expected
levels of performance under section 159(c)(1) for each of
the primary indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii).
(d) GRADUATE SERVICES.—In order to promote the retention
of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support
services to graduates for up to 12 months after the date of graduation. Multiple resources, including one-stop partners, may support
the provision of these services, including services from the State
vocational rehabilitation agency, to supplement job placement and
job development efforts for Job Corps graduates who are individuals
with disabilities.
(e) CHILD CARE.—The Secretary shall, to the extent practicable,
provide child care at or near Job Corps centers, for individuals
who require child care for their children in order to participate
in the Job Corps.
Time period.
Standards.
Time period.
Time period.
SEC. 149. COUNSELING AND JOB PLACEMENT.
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29 USC 3199.
Determination.
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(a) ASSESSMENT AND COUNSELING.—The Secretary shall
arrange for assessment and counseling for each enrollee at regular
intervals to measure progress in the academic and career and
technical education and training programs carried out through the
Job Corps.
(b) PLACEMENT.—The Secretary shall arrange for assessment
and counseling for enrollees prior to their scheduled graduations
to determine their capabilities and, based on their capabilities,
shall place the enrollees in employment leading to economic selfsufficiency for which the enrollees are trained or assist the enrollees
in participating in further activities described in this subtitle. In
arranging for the placement of graduates in jobs, the Secretary
shall utilize the one-stop delivery system to the maximum extent
practicable.
(c) STATUS AND PROGRESS.—The Secretary shall determine the
status and progress of enrollees scheduled for graduation and make
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every effort to assure that their needs for further activities described
in this subtitle are met.
(d) SERVICES TO FORMER ENROLLEES.—The Secretary may provide such services as the Secretary determines to be appropriate
under this subtitle to former enrollees.
SEC. 150. SUPPORT.
29 USC 3200.
(a) PERSONAL ALLOWANCES.—The Secretary may provide
enrollees assigned to Job Corps centers with such personal allowances as the Secretary may determine to be necessary or appropriate to meet the needs of the enrollees.
(b) TRANSITION ALLOWANCES.—The Secretary shall arrange for
a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion
of academic, career and technical education or training, and attainment of recognized postsecondary credentials.
(c) TRANSITION SUPPORT.—The Secretary may arrange for the
provision of 3 months of employment services for former enrollees.
SEC. 151. OPERATIONS.
29 USC 3201.
(a) OPERATING PLAN.—The provisions of the contract between
the Secretary and an entity selected to operate a Job Corps center
shall, at a minimum, serve as an operating plan for the Job Corps
center.
(b) ADDITIONAL INFORMATION.—The Secretary may require the
operator, in order to remain eligible to operate the Job Corps
center, to submit such additional information as the Secretary
may require, which shall be considered part of the operating plan.
(c) AVAILABILITY.—The Secretary shall make the operating plan
described in subsections (a) and (b), excluding any proprietary
information, available to the public.
SEC. 152. STANDARDS OF CONDUCT.
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Time period.
Public
information.
29 USC 3202.
(a) PROVISION AND ENFORCEMENT.—The Secretary shall provide, and directors of Job Corps centers shall stringently enforce,
standards of conduct within the centers. Such standards of conduct
shall include provisions forbidding the actions described in subsection (b)(2)(A).
(b) DISCIPLINARY MEASURES.—
(1) IN GENERAL.—To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall
have the authority to take appropriate disciplinary measures
against enrollees if such a director determines that an enrollee
has committed a violation of the standards of conduct. The
director shall dismiss the enrollee from the Job Corps if the
director determines that the retention of the enrollee in the
Job Corps will jeopardize the enforcement of such standards,
threaten the safety of staff, students, or the local community,
or diminish the opportunities of other enrollees.
(2) ZERO TOLERANCE POLICY AND DRUG TESTING.—
(A) GUIDELINES.—The Secretary shall adopt guidelines
establishing a zero tolerance policy for an act of violence,
for use, sale, or possession of a controlled substance, for
abuse of alcohol, or for other illegal or disruptive activity.
(B) DRUG TESTING.—The Secretary shall require drug
testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under
section 145(a).
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(C) DEFINITIONS.—In this paragraph:
(i) CONTROLLED SUBSTANCE.—The term ‘‘controlled
substance’’ has the meaning given the term in section
102 of the Controlled Substances Act (21 U.S.C. 802).
(ii) ZERO TOLERANCE POLICY.—The term ‘‘zero
tolerance policy’’ means a policy under which an
enrollee shall be automatically dismissed from the Job
Corps after a determination by the director that the
enrollee has carried out an action described in subparagraph (A).
(c) APPEAL.—A disciplinary measure taken by a director under
this section shall be subject to expeditious appeal in accordance
with procedures established by the Secretary.
29 USC 3203.
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SEC. 153. COMMUNITY PARTICIPATION.
(a) BUSINESS AND COMMUNITY PARTICIPATION.—The director
of each Job Corps center shall ensure the establishment and
development of the mutually beneficial business and community
relationships and networks described in subsection (b), including
the use of local boards, in order to enhance the effectiveness of
such centers.
(b) NETWORKS.—The activities carried out by each Job Corps
center under this section shall include—
(1) establishing and developing relationships and networks
with—
(A) local and distant employers, to the extent practicable, in coordination with entities carrying out other
Federal and non-Federal programs that conduct similar
outreach to employers;
(B) applicable one-stop centers and applicable local
boards, for the purpose of providing—
(i) information to, and referral of, potential
enrollees; and
(ii) job opportunities for Job Corps graduates; and
(C)(i) entities carrying out relevant apprenticeship programs and youth programs;
(ii) labor-management organizations and local labor
organizations;
(iii) employers and contractors that support national
training contractor programs; and
(iv)
community-based
organizations,
non-profit
organizations, and intermediaries providing workforce
development-related services; and
(2) establishing and developing relationships with members
of the community in which the Job Corps center is located,
informing members of the community about the projects of
the Job Corps center and changes in the rules, procedures,
or activities of the center that may affect the community, and
planning events of mutual interest to the community and the
Job Corps center.
(c) NEW CENTERS.—The director of a Job Corps center that
is not yet operating shall ensure the establishment and development
of the relationships and networks described in subsection (b) at
least 3 months prior to the date on which the center accepts
the first enrollee at the center.
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SEC. 154. WORKFORCE COUNCILS.
29 USC 3204.
(a) IN GENERAL.—Each Job Corps center shall have a workforce
council, appointed by the director of the center, in accordance with
procedures established by the Secretary.
(b) WORKFORCE COUNCIL COMPOSITION.—
(1) IN GENERAL.—A workforce council shall be comprised
of—
(A) a majority of members who shall be owners of
business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector
employers, who—
(i) have substantial management, hiring, or policy
responsibility; and
(ii) represent businesses with employment
opportunities that reflect the employment opportunities of the applicable local areas in which enrollees
will be seeking employment;
(B) representatives of labor organizations (where
present) and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) LOCAL BOARD.—The workforce council may include
members of the applicable local boards who meet the requirements described in paragraph (1).
(3) EMPLOYERS OUTSIDE OF LOCAL AREA.—The workforce
council for a Job Corps center may include, or otherwise provide
for consultation with, employers from outside the local area
who are likely to hire a significant number of enrollees from
the Job Corps center.
(4) SPECIAL RULE FOR SINGLE STATE LOCAL AREAS.—In the
case of a single State local area designated under section 106(d),
the workforce council shall include a representative of the State
Board.
(c) RESPONSIBILITIES.—The responsibilities of the workforce
council shall be—
(1) to work closely with all applicable local boards in order
to determine, and recommend to the Secretary, appropriate
career and technical education and training for the center;
(2) to review all the relevant labor market information,
including related information in the State plan or the local
plan, to—
(A) recommend the in-demand industry sectors or
occupations in the area in which the Job Corps center
operates;
(B) determine the employment opportunities in the
local areas in which the enrollees intend to seek employment after graduation;
(C) determine the skills and education that are necessary to obtain the employment opportunities; and
(D) recommend to the Secretary the type of career
and technical education and training that should be implemented at the center to enable the enrollees to obtain
the employment opportunities; and
(3) to meet at least once every 6 months to reevaluate
the labor market information, and other relevant information,
to determine, and recommend to the Secretary, any necessary
changes in the career and technical education and training
provided at the center.
Establishment.
Procedures.
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Time period.
(d) NEW CENTERS.—The workforce council for a Job Corps
center that is not yet operating shall carry out the responsibilities
described in subsection (c) at least 3 months prior to the date
on which the center accepts the first enrollee at the center.
29 USC 3205.
SEC. 155. ADVISORY COMMITTEES.
The Secretary may establish and use advisory committees in
connection with the operation of the Job Corps program, and the
operation of Job Corps centers, whenever the Secretary determines
that the availability of outside advice and counsel on a regular
basis would be of substantial benefit in identifying and overcoming
problems, in planning program or center development, or in
strengthening relationships between the Job Corps and agencies,
institutions, or groups engaged in related activities.
SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
29 USC 3206.
Waiver authority.
Deadline.
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29 USC 3207.
(a) PROJECTS.—The Secretary may carry out experimental,
research, or demonstration projects relating to carrying out the
Job Corps program. The Secretary may waive any provisions of
this subtitle that the Secretary finds would prevent the Secretary
from carrying out the projects if the Secretary informs the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions
of the Senate, in writing, not less than 90 days in advance of
issuing such waiver.
(b) TECHNICAL ASSISTANCE.—From the funds provided under
section 162 (for the purposes of administration), the Secretary may
reserve 1⁄4 of 1 percent to provide, directly or through grants,
contracts, or other agreements or arrangements as the Secretary
considers appropriate, technical assistance for the Job Corps program for the purpose of improving program quality. Such assistance
shall include—
(1) assisting Job Corps centers and programs—
(A) in correcting deficiencies under, and violations of,
this subtitle;
(B) in meeting or exceeding the expected levels of
performance under section 159(c)(1) for the indicators of
performance described in section 116(b)(2)(A);
(C) in the development of sound management practices,
including financial management procedures; and
(2) assisting entities, including entities not currently operating a Job Corps center, in developing the additional selection
factors information described in section 147(a)(3).
SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW.
(a) ENROLLEES NOT CONSIDERED TO BE FEDERAL EMPLOYEES.—
(1) IN GENERAL.—Except as otherwise provided in this subsection and in section 8143(a) of title 5, United States Code,
enrollees shall not be considered to be Federal employees and
shall not be subject to the provisions of law relating to Federal
employment, including such provisions regarding hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(2) PROVISIONS RELATING TO TAXES AND SOCIAL SECURITY
BENEFITS.—For purposes of the Internal Revenue Code of 1986
and title II of the Social Security Act (42 U.S.C. 401 et seq.),
enrollees shall be deemed to be employees of the United States
and any service performed by an individual as an enrollee
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128 STAT. 1553
shall be deemed to be performed in the employ of the United
States.
(3) PROVISIONS RELATING TO COMPENSATION TO FEDERAL
EMPLOYEES FOR WORK INJURIES.—For purposes of subchapter
I of chapter 81 of title 5, United States Code (relating to
compensation to Federal employees for work injuries), enrollees
shall be deemed to be civil employees of the Government of
the United States within the meaning of the term ‘‘employee’’
as defined in section 8101 of title 5, United States Code, and
the provisions of such subchapter shall apply as specified in
section 8143(a) of title 5, United States Code.
(4) FEDERAL TORT CLAIMS PROVISIONS.—For purposes of
the Federal tort claims provisions in title 28, United States
Code, enrollees shall be considered to be employees of the
Government.
(b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the Secretary
finds a claim for damages to a person or property resulting from
the operation of the Job Corps to be a proper charge against
the United States, and the claim is not cognizable under section
2672 of title 28, United States Code, the Secretary may adjust
and settle the claim in an amount not exceeding $1,500.
(c) PERSONNEL OF THE UNIFORMED SERVICES.—Personnel of
the uniformed services who are detailed or assigned to duty in
the performance of agreements made by the Secretary for the support of the Job Corps shall not be counted in computing strength
under any law limiting the strength of such services or in computing
the percentage authorized by law for any grade in such services.
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SEC. 158. SPECIAL PROVISIONS.
29 USC 3208.
(a) ENROLLMENT.—The Secretary shall ensure that women and
men have an equal opportunity to participate in the Job Corps
program, consistent with section 145.
(b) STUDIES, EVALUATIONS, PROPOSALS, AND DATA.—The Secretary shall assure that all studies, evaluations, proposals, and
data produced or developed with Federal funds in the course of
carrying out the Job Corps program shall become the property
of the United States.
(c) TRANSFER OF PROPERTY.—
(1) IN GENERAL.—Notwithstanding chapter 5 of title 40,
United States Code, and any other provision of law, the Secretary and the Secretary of Education shall receive priority
by the Secretary of Defense for the direct transfer, on a nonreimbursable basis, of the property described in paragraph (2)
for use in carrying out programs under this Act or under
any other Act.
(2) PROPERTY.—The property described in this paragraph
is real and personal property under the control of the Department of Defense that is not used by such Department, including
property that the Secretary of Defense determines is in excess
of current and projected requirements of such Department.
(d) GROSS RECEIPTS.—Transactions conducted by a private forprofit or nonprofit entity that is an operator or service provider
for a Job Corps center shall not be considered to be generating
gross receipts. Such an operator or service provider shall not be
liable, directly or indirectly, to any State or subdivision of a State
(nor to any person acting on behalf of such a State or subdivision)
for any gross receipts taxes, business privilege taxes measured
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by gross receipts, or any similar taxes imposed on, or measured
by, gross receipts in connection with any payments made to or
by such entity for operating or providing services to a Job Corps
center. Such an operator or service provider shall not be liable
to any State or subdivision of a State to collect or pay any sales,
excise, use, or similar tax imposed on the sale to or use by such
operator or service provider of any property, service, or other item
in connection with the operation of or provision of services to
a Job Corps center.
(e) MANAGEMENT FEE.—The Secretary shall provide each operator and (in an appropriate case, as determined by the Secretary)
service provider with an equitable and negotiated management
fee of not less than 1 percent of the amount of the funding provided
under the appropriate agreement specified in section 147.
(f) DONATIONS.—The Secretary may accept on behalf of the
Job Corps or individual Job Corps centers charitable donations
of cash or other assistance, including equipment and materials,
if such donations are available for appropriate use for the purposes
set forth in this subtitle.
(g) SALE OF PROPERTY.—Notwithstanding any other provision
of law, if the Administrator of General Services sells a Job Corps
center facility, the Administrator shall transfer the proceeds from
the sale to the Secretary, who shall use the proceeds to carry
out the Job Corps program.
29 USC 3209.
SEC. 159. MANAGEMENT INFORMATION.
(a) FINANCIAL MANAGEMENT INFORMATION SYSTEM.—
(1) IN GENERAL.—The Secretary shall establish procedures
to ensure that each operator, and each service provider, maintains a financial management information system that will
provide—
(A) accurate, complete, and current disclosures of the
costs of Job Corps operations; and
(B) sufficient data for the effective evaluation of activities carried out through the Job Corps program.
(2) ACCOUNTS.—Each operator and service provider shall
maintain funds received under this subtitle in accounts in
a manner that ensures timely and accurate reporting as
required by the Secretary.
(3) FISCAL RESPONSIBILITY.—Operators shall remain fiscally
responsible and control costs, regardless of whether the funds
made available for Job Corps centers are incrementally
increased or decreased between fiscal years.
(b) AUDIT.—
(1) ACCESS.—The Secretary, the Inspector General of the
Department of Labor, the Comptroller General of the United
States, and any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of
the operators and service providers described in subsection
(a) that are pertinent to the Job Corps program, for purposes
of conducting surveys, audits, and evaluations of the operators
and service providers.
(2) SURVEYS, AUDITS, AND EVALUATIONS.—The Secretary
shall survey, audit, or evaluate, or arrange for the survey,
audit, or evaluation of, the operators and service providers,
using Federal auditors or independent public accountants. The
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Time period.
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Secretary shall conduct such surveys, audits, or evaluations
not less often than once every 3 years.
(c) INFORMATION ON INDICATORS OF PERFORMANCE.—
(1) LEVELS OF PERFORMANCE AND INDICATORS.—The Secretary shall annually establish expected levels of performance
for a Job Corps center and the Job Corps program relating
to each of the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii).
(2) PERFORMANCE OF RECRUITERS.—The Secretary shall also
establish performance indicators, and expected levels of
performance on the performance indicators, for recruitment
service providers serving the Job Corps program. The performance indicators shall relate to—
(A) the number of enrollees recruited, compared to
the established goals for such recruitment, and the number
of enrollees who remain committed to the program for
90 days after enrollment; and
(B) the measurements described in subparagraphs (I),
(L), and (M) of subsection (d)(1).
(3) PERFORMANCE OF CAREER TRANSITION SERVICE PROVIDERS.—The Secretary shall also establish performance indicators, and expected performance levels on the performance
indicators, for career transition service providers serving the
Job Corps program. The performance indicators shall relate
to—
(A) the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii); and
(B) the measurements described in subparagraphs (D),
(E), (H), (J), and (K) of subsection (d)(1).
(4) REPORT.—The Secretary shall collect, and annually
submit to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report
including—
(A) information on the performance of each Job Corps
center, and the Job Corps program, based on the performance indicators described in paragraph (1), as compared
to the expected level of performance established under
such paragraph for each performance indicator; and
(B) information on the performance of the service providers described in paragraphs (2) and (3) on the performance indicators established under such paragraphs, as compared to the expected level of performance established for
each performance indicator.
(d) ADDITIONAL INFORMATION.—
(1) IN GENERAL.—The Secretary shall also collect, and
submit in the report described in subsection (c)(4), information
on the performance of each Job Corps center, and the Job
Corps program, regarding—
(A) the number of enrollees served;
(B) demographic information on the enrollees served,
including age, race, gender, and education and income level;
(C) the number of graduates of a Job Corps center;
(D) the number of graduates who entered the Armed
Forces;
(E) the number of graduates who entered apprenticeship programs;
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(F) the number of graduates who received a regular
secondary school diploma;
(G) the number of graduates who received a State
recognized equivalent of a secondary school diploma;
(H) the number of graduates who entered unsubsidized
employment related to the career and technical education
and training received through the Job Corps program and
the number who entered unsubsidized employment not
related to the education and training received;
(I) the percentage and number of former enrollees,
including the number dismissed under the zero tolerance
policy described in section 152(b);
(J) the percentage and number of graduates who enter
postsecondary education;
(K) the average wage of graduates who enter unsubsidized employment—
(i) on the first day of such employment; and
(ii) on the day that is 6 months after such first
day;
(L) the percentages of enrollees described in subparagraphs (A) and (B) of section 145(c)(1), as compared to
the percentage targets established by the Secretary under
such section for the center;
(M) the cost per enrollee, which is calculated by comparing the number of enrollees at the center in a program
year to the total budget for such center in the same program year;
(N) the cost per graduate, which is calculated by comparing the number of graduates of the center in a program
year compared to the total budget for such center in the
same program year; and
(O) any additional information required by the Secretary.
(2) RULES FOR REPORTING OF DATA.—The disaggregation
of data under this subsection shall not be required when the
number of individuals in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an individual.
(e) METHODS.—The Secretary shall collect the information
described in subsections (c) and (d), using methods described in
section 116(i)(2) and consistent with State law, by entering into
agreements with the States to access such data for Job Corps
enrollees, former enrollees, and graduates.
(f) PERFORMANCE ASSESSMENTS AND IMPROVEMENTS.—
(1) ASSESSMENTS.—The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based
on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
(2) PERFORMANCE IMPROVEMENT.—With respect to a Job
Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified
in subsection (c)(1), the Secretary shall develop and implement
a performance improvement plan. Such a plan shall require
action to be taken during a 1-year period, including—
(A) providing technical assistance to the center;
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(B) changing the career and technical education and
training offered at the center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) ADDITIONAL PERFORMANCE IMPROVEMENT.—In addition
to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional
performance improvement plans. Such a plan shall require
improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of
performance described in such paragraph.
(4) CIVILIAN CONSERVATION CENTERS.—With respect to a
Civilian Conservation Center that fails to meet the expected
levels of performance relating to the primary indicators of
performance specified in subsection (c)(1) or fails to improve
performance as described in paragraph (2) after 3 program
years, the Secretary, in consultation with the Secretary of Agriculture, shall select an entity to operate the Civilian Conservation Center on a competitive basis, in accordance with the
requirements of section 147.
(g) PARTICIPANT HEALTH AND SAFETY.—
(1) CENTER.—The Secretary shall ensure that a review
by an appropriate Federal, State, or local entity of the physical
condition and health-related activities of each Job Corps center
occurs annually.
(2) WORK-BASED LEARNING LOCATIONS.—The Secretary
shall require that an entity that has entered into a contract
to provide work-based learning activities for any Job Corps
enrollee under this subtitle shall comply with the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or,
as appropriate, under the corresponding State Occupational
Safety and Health Act of 1970 requirements in the State in
which such activities occur.
(h) BUILDINGS AND FACILITIES.—The Secretary shall collect,
and submit in the report described in subsection (c)(4), information
regarding the state of Job Corps buildings and facilities. Such
report shall include—
(1) a review of requested construction, rehabilitation, and
acquisition projects, by each Job Corps center; and
(2) a review of new facilities under construction.
(i) NATIONAL AND COMMUNITY SERVICE.—The Secretary shall
include in the report described in subsection (c)(4) available information regarding the national and community service activities of
enrollees, particularly those enrollees at Civilian Conservation Centers.
(j) CLOSURE OF JOB CORPS CENTER.—Prior to the closure of
any Job Corps center, the Secretary shall ensure—
(1) that the proposed decision to close the center is
announced in advance to the general public through publication
in the Federal Register or other appropriate means;
(2) the establishment of a reasonable comment period, not
to exceed 30 days, for interested individuals to submit written
comments to the Secretary; and
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Consultation.
Review.
Compliance.
Review.
Public
information.
Federal Register,
publication.
PUBL128
128 STAT. 1558
(3) that the Member of Congress who represents the district
in which such center is located is notified within a reasonable
period of time in advance of any final decision to close the
center.
Notification.
SEC. 160. GENERAL PROVISIONS.
29 USC 3210.
The Secretary is authorized to—
(1) disseminate, with regard to the provisions of section
3204 of title 39, United States Code, data and information
in such forms as the Secretary shall determine to be appropriate, to public agencies, private organizations, and the general
public;
(2) subject to section 157(b), collect or compromise all
obligations to or held by the Secretary and exercise all legal
or equitable rights accruing to the Secretary in connection
with the payment of obligations until such time as such obligations may be referred to the Attorney General for suit or
collection; and
(3) expend funds made available for purposes of this subtitle—
(A) for printing and binding, in accordance with
applicable law (including regulation); and
(B) without regard to any other law (including regulation), for rent of buildings and space in buildings and
for repair, alteration, and improvement of buildings and
space in buildings rented by the Secretary, except that
the Secretary shall not expend funds under the authority
of this subparagraph—
(i) except when necessary to obtain an item,
service, or facility, that is required in the proper
administration of this subtitle, and that otherwise
could not be obtained, or could not be obtained in
the quantity or quality needed, or at the time, in
the form, or under the conditions in which the item,
service, or facility is needed; and
(ii) prior to having given written notification to
the Administrator of General Services (if the expenditure would affect an activity that otherwise would be
under the jurisdiction of the General Services Administration) of the intention of the Secretary to make the
expenditure, and the reasons and justifications for the
expenditure.
Determination.
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29 USC 3211.
PUBLIC LAW 113–128—JULY 22, 2014
SEC. 161. JOB CORPS OVERSIGHT AND REPORTING.
(a) TEMPORARY FINANCIAL REPORTING.—
(1) IN GENERAL.—During the periods described in paragraphs (2) and (3)(B), the Secretary shall prepare and submit
to the applicable committees financial reports regarding the
Job Corps program under this subtitle. Each such financial
report shall include—
(A) information regarding the implementation of the
financial oversight measures suggested in the May 31,
2013, report of the Office of Inspector General of the
Department of Labor entitled ‘‘The U.S. Department of
Labor’s Employment and Training Administration Needs
to Strengthen Controls over Job Corps Funds’’;
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128 STAT. 1559
(B) a description of any budgetary shortfalls for the
program for the period covered by the financial report,
and the reasons for such shortfalls; and
(C) a description and explanation for any approval
for contract expenditures that are in excess of the amounts
provided for under the contract.
(2) TIMING OF REPORTS.—The Secretary shall submit a
financial report under paragraph (1) once every 6 months beginning on the date of enactment of this Act, for a 3-year period.
After the completion of such 3-year period, the Secretary shall
submit a financial report under such paragraph once a year
for the next 2 years, unless additional reports are required
under paragraph (3)(B).
(3) REPORTING REQUIREMENTS IN CASES OF BUDGETARY
SHORTFALLS.—If any financial report required under this subsection finds that the Job Corps program under this subtitle
has a budgetary shortfall for the period covered by the report,
the Secretary shall—
(A) not later than 90 days after the budgetary shortfall
was identified, submit a report to the applicable committees
explaining how the budgetary shortfall will be addressed;
and
(B) submit an additional financial report under paragraph (1) for each 6-month period subsequent to the finding
of the budgetary shortfall until the Secretary demonstrates,
through such report, that the Job Corps program has no
budgetary shortfall.
(b) THIRD-PARTY REVIEW.—Every 5 years after the date of enactment of this Act, the Secretary shall provide for a third-party
review of the Job Corps program under this subtitle that addresses
all of the areas described in subparagraphs (A) through (G) of
section 169(a)(2). The results of the review shall be submitted
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(c) CRITERIA FOR JOB CORPS CENTER CLOSURES.—By not later
than December 1, 2014, the Secretary shall establish written criteria
that the Secretary shall use to determine when a Job Corps center
supported under this subtitle is to be closed and how to carry
out such closure, and shall submit such criteria to the applicable
committees.
(d) DEFINITION OF APPLICABLE COMMITTEES.—In this section,
the term ‘‘applicable committees’’ means—
(1) the Committee on Education and the Workforce of the
House of Representatives;
(2) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of
Appropriations of the House of Representatives;
(3) the Committee on Health, Education, Labor, and Pensions of the Senate; and
(4) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of
Appropriations of the Senate.
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SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
Effective date.
Deadline.
Deadline.
Determination.
29 USC 3212.
There are authorized to be appropriated to carry out this subtitle—
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PUBLIC LAW 113–128—JULY 22, 2014
(1) $1,688,155,000 for fiscal year 2015;
(2) $1,818,548,000 for fiscal year 2016;
(3) $1,856,283,000 for fiscal year 2017;
(4) $1,897,455,000 for fiscal year 2018;
(5) $1,942,064,000 for fiscal year 2019; and
(6) $1,983,236,000 for fiscal year 2020.
Subtitle D—National Programs
29 USC 3221.
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Deadline.
Grants.
Contracts.
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SEC. 166. NATIVE AMERICAN PROGRAMS.
(a) PURPOSE.—
(1) IN GENERAL.—The purpose of this section is to support
employment and training activities for Indian, Alaska Native,
and Native Hawaiian individuals in order—
(A) to develop more fully the academic, occupational,
and literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce and to equip them with the entrepreneurial skills
necessary for successful self-employment; and
(C) to promote the economic and social development
of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such
communities.
(2) INDIAN POLICY.—All programs assisted under this section shall be administered in a manner consistent with the
principles of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) and the governmentto-government relationship between the Federal Government
and Indian tribal governments.
(b) DEFINITIONS.—As used in this section:
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ includes
a Native and a descendant of a Native, as such terms are
defined in subsections (b) and (r) of section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b), (r)).
(2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.—The
terms ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ have
the meanings given such terms in subsections (d), (e), and
(l), respectively, of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(3) NATIVE HAWAIIAN AND NATIVE HAWAIIAN ORGANIZATION.—The terms ‘‘Native Hawaiian’’ and ‘‘Native Hawaiian
organization’’ have the meanings given such terms in section
7207 of the Native Hawaiian Education Act (20 U.S.C. 7517).
(c) PROGRAM AUTHORIZED.—Every 4 years, the Secretary shall,
on a competitive basis, make grants to, or enter into contracts
or cooperative agreements with, Indian tribes, tribal organizations,
Alaska Native entities, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d).
(d) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—Funds made available under subsection
(c) shall be used to carry out the activities described in paragraph (2) that—
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians, Alaska
Natives, or Native Hawaiians preparing to enter, reenter,
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1561
or retain unsubsidized employment leading to self-sufficiency.
(2) WORKFORCE DEVELOPMENT ACTIVITIES AND SUPPLEMENTAL SERVICES.—
(A) IN GENERAL.—Funds made available under subsection (c) shall be used for—
(i) comprehensive workforce development activities
for Indians, Alaska Natives, or Native Hawaiians,
including training on entrepreneurial skills; or
(ii) supplemental services for Indian, Alaska
Native, or Native Hawaiian youth on or near Indian
reservations and in Oklahoma, Alaska, or Hawaii.
(B) SPECIAL RULE.—Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training
Partnership Act (as such section was in effect on the day
before the date of enactment of the Workforce Investment
Act of 1998) shall be eligible to participate in an activity
assisted under this section.
(e) PROGRAM PLAN.—In order to receive a grant or enter into
a contract or cooperative agreement under this section, an entity
described in subsection (c) shall submit to the Secretary a program
plan that describes a 4-year strategy for meeting the needs of
Indian, Alaska Native, or Native Hawaiian individuals, as appropriate, in the area served by such entity. Such plan shall—
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the activities
to be provided will strengthen the ability of the individuals
served to obtain or retain unsubsidized employment leading
to self-sufficiency;
(4) describe the activities to be provided and the manner
in which such activities are to be integrated with other appropriate activities; and
(5) describe, after the entity submitting the plan consults
with the Secretary, the performance accountability measures
to be used to assess the performance of entities in carrying
out the activities assisted under this section, which shall
include the primary indicators of performance described in section 116(b)(2)(A) and expected levels of performance for such
indicators, in accordance with subsection (h).
(f) CONSOLIDATION OF FUNDS.—Each entity receiving assistance
under subsection (c) may consolidate such assistance with assistance
received from related programs in accordance with the provisions
of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing
in this section shall be construed—
(1) to limit the eligibility of any entity described in subsection (c) to participate in any activity offered by a State
or local entity under this Act; or
(2) to preclude or discourage any agreement, between any
entity described in subsection (c) and any State or local entity,
to facilitate the provision of services by such entity or to the
population served by such entity.
(h) PERFORMANCE ACCOUNTABILITY MEASURES.—
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PUBL128
128 STAT. 1562
PUBLIC LAW 113–128—JULY 22, 2014
(1) ADDITIONAL
PERFORMANCE
INDICATORS
AND
STAND-
ARDS.—
(A) DEVELOPMENT OF INDICATORS AND STANDARDS.—
The Secretary, in consultation with the Native American
Employment and Training Council, shall develop a set
of performance indicators and standards that is in addition
to the primary indicators of performance described in section 116(b)(2)(A) and that shall be applicable to programs
under this section.
(B) SPECIAL CONSIDERATIONS.—Such performance
indicators and standards shall take into account—
(i) the purpose of this section as described in subsection (a)(1);
(ii) the needs of the groups served by this section,
including the differences in needs among such groups
in various geographic service areas; and
(iii) the economic circumstances of the communities
served, including differences in circumstances among
various geographic service areas.
(2) AGREEMENT ON ADJUSTED LEVELS OF PERFORMANCE.—
The Secretary and the entity described in subsection (c) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors
and using, to the extent practicable, the statistical adjustment
model under section 116(b)(3)(A)(viii). The levels agreed to shall
be the adjusted levels of performance and shall be incorporated
in the program plan.
(i) ADMINISTRATIVE PROVISIONS.—
(1) ORGANIZATIONAL UNIT ESTABLISHED.—The Secretary
shall designate a single organizational unit within the Department of Labor that shall have primary responsibility for the
administration of the activities authorized under this section.
(2) REGULATIONS.—The Secretary shall consult with the
entities described in subsection (c) in—
(A) establishing regulations to carry out this section,
including regulations relating to the performance accountability measures for entities receiving assistance under
this section; and
(B) developing a funding distribution plan that takes
into consideration previous levels of funding (prior to the
date of enactment of this Act) to such entities.
(3) WAIVERS.—
(A) IN GENERAL.—With respect to an entity described
in subsection (c), the Secretary, notwithstanding any other
provision of law, may, pursuant to a request submitted
by such entity that meets the requirements established
under subparagraph (B), waive any of the statutory or
regulatory requirements of this title that are inconsistent
with the specific needs of the entity described in such
subsection, except that the Secretary may not waive
requirements relating to wage and labor standards, worker
rights, participation and protection of workers and participants, grievance procedures, and judicial review.
(B) REQUEST AND APPROVAL.—An entity described in
subsection (c) that requests a waiver under subparagraph
Consultation.
Applicability.
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Consultation.
Plan.
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128 STAT. 1563
(A) shall submit a plan to the Secretary to improve the
program of workforce investment activities carried out by
the entity, which plan shall meet the requirements established by the Secretary and shall be generally consistent
with the requirements of section 189(i)(3)(B).
(4) ADVISORY COUNCIL.—
(A) IN GENERAL.—Using funds made available to carry
out this section, the Secretary shall establish a Native
American Employment and Training Council to facilitate
the consultation described in paragraph (2) and to provide
the advice described in subparagraph (C).
(B) COMPOSITION.—The Council shall be composed of
individuals, appointed by the Secretary, who are representatives of the entities described in subsection (c).
(C) DUTIES.—The Council shall advise the Secretary
on the operation and administration of the programs
assisted under this section, including the selection of the
individual appointed as head of the unit established under
paragraph (1).
(D) PERSONNEL MATTERS.—
(i) COMPENSATION OF MEMBERS.—Members of the
Council shall serve without compensation.
(ii) TRAVEL EXPENSES.—The members of the
Council shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Council.
(iii) ADMINISTRATIVE SUPPORT.—The Secretary
shall provide the Council with such administrative support as may be necessary to perform the functions
of the Council.
(E) CHAIRPERSON.—The Council shall select a chairperson from among its members.
(F) MEETINGS.—The Council shall meet not less than
twice each year.
(G) APPLICATION.—Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Council.
(5) TECHNICAL ASSISTANCE.—The Secretary, acting through
the unit established under paragraph (1), is authorized to provide technical assistance to entities described in subsection
(c) that receive assistance under such subsection to enable
such entities to improve the activities authorized under this
section that are provided by such entities.
(6) AGREEMENT FOR CERTAIN FEDERALLY RECOGNIZED
INDIAN TRIBES TO TRANSFER FUNDS TO THE PROGRAM.—A federally recognized Indian tribe that administers funds provided
under this section and funds provided by more than one State
under other sections of this title may enter into an agreement
with the Secretary and the Governors of the affected States
to transfer the funds provided by the States to the program
administered by the tribe under this section.
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Establishment.
Consultation.
PUBL128
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128 STAT. 1564
VerDate Mar 15 2010
PUBLIC LAW 113–128—JULY 22, 2014
Grants.
Contracts.
(j) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED
REQUIREMENT.—Grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code,
and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget.
(k) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA AND
HAWAII.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Secretary is authorized to award grants, on a competitive basis, to entities with demonstrated experience and expertise in developing and implementing programs for the unique
populations who reside in Alaska or Hawaii, including public
and private nonprofit organizations, tribal organizations, American Indian tribal colleges or universities, institutions of higher
education, or consortia of such organizations or institutions,
to improve job training and workforce investment activities
for such unique populations.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection—
(A) $461,000 for fiscal year 2015;
(B) $497,000 for fiscal year 2016;
(C) $507,000 for fiscal year 2017;
(D) $518,000 for fiscal year 2018;
(E) $530,000 for fiscal year 2019; and
(F) $542,000 for fiscal year 2020.
Grants.
Contracts.
29 USC 3222.
Deadline.
SEC. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
14:32 Aug 04, 2014
(a) IN GENERAL.—Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts with,
eligible entities to carry out the activities described in subsection
(d).
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant or
enter into a contract under this section, an entity shall have an
understanding of the problems of eligible migrant and seasonal
farmworkers (including dependents), a familiarity with the area
to be served, and the ability to demonstrate a capacity to administer
and deliver effectively a diversified program of workforce investment
activities (including youth workforce investment activities) and
related assistance for eligible migrant and seasonal farmworkers.
(c) PROGRAM PLAN.—
(1) IN GENERAL.—To be eligible to receive a grant or enter
into a contract under this section, an entity described in subsection (b) shall submit to the Secretary a plan that describes
a 4-year strategy for meeting the needs of eligible migrant
and seasonal farmworkers in the area to be served by such
entity.
(2) CONTENTS.—Such plan shall—
(A) describe the population to be served and identify
the education and employment needs of the population
to be served and the manner in which the services to
be provided will strengthen the ability of the eligible
migrant and seasonal farmworkers and dependents to
obtain or retain unsubsidized employment, or stabilize their
unsubsidized employment, including upgraded employment
in agriculture;
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1565
(B) describe the related assistance and supportive services to be provided and the manner in which such assistance and services are to be integrated and coordinated
with other appropriate services;
(C) describe the performance accountability measures
to be used to assess the performance of such entity in
carrying out the activities assisted under this section, which
shall include the expected levels of performance for the
primary indicators of performance described in section
116(b)(2)(A);
(D) describe the availability and accessibility of local
resources, such as supportive services, services provided
through one-stop delivery systems, and education and
training services, and how the resources can be made available to the population to be served; and
(E) describe the plan for providing services under this
section, including strategies and systems for outreach,
career planning, assessment, and delivery through onestop delivery systems.
(3) AGREEMENT ON ADJUSTED LEVELS OF PERFORMANCE.—
The Secretary and the entity described in subsection (b) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors,
and using, to the extent practicable, the statistical adjustment
model under section 116(b)(3)(A)(viii). The levels agreed to shall
be the adjusted levels of performance and shall be incorporated
in the program plan.
(4) ADMINISTRATION.—Grants and contracts awarded under
this section shall be centrally administered by the Department
of Labor and competitively awarded by the Secretary using
procedures consistent with standard Federal Government
competitive procurement policies.
(d) AUTHORIZED ACTIVITIES.—Funds made available under this
section and section 127(a)(1) shall be used to carry out workforce
investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal
farmworkers, which may include—
(1) outreach, employment, training, educational assistance,
literacy assistance, English language and literacy instruction,
pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention and recovery activities;
(2) followup services for those individuals placed in employment;
(3) self-employment and related business or micro-enterprise development or education as needed by eligible individuals
as identified pursuant to the plan required by subsection (c);
(4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and
long-term employment in agriculture or another area; and
(5) technical assistance to improve coordination of services
and implement best practices relating to service delivery
through one-stop delivery systems.
(e) CONSULTATION WITH GOVERNORS AND LOCAL BOARDS.—In
making grants and entering into contracts under this section, the
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Consultation.
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29 USC 3223.
PUBLIC LAW 113–128—JULY 22, 2014
Secretary shall consult with the Governors and local boards of
the States in which the eligible entities will carry out the activities
described in subsection (d).
(f) REGULATIONS.—The Secretary shall consult with eligible
migrant and seasonal farmworkers groups and States in establishing regulations to carry out this section, including regulations
relating to how economic and demographic barriers to employment
of eligible migrant and seasonal farmworkers should be considered
and included in the negotiations leading to the adjusted levels
of performance described in subsection (c)(3).
(g) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED
REQUIREMENT.—Grants made and contracts entered into under this
section shall be subject to the requirements of chapter 75 of subtitle
V of title 31, United States Code and charging of costs under
this section shall be subject to appropriate circulars issued by
the Office of Management and Budget.
(h) FUNDING ALLOCATION.—From the funds appropriated and
made available to carry out this section, the Secretary shall reserve
not more than 1 percent for discretionary purposes, such as providing technical assistance to eligible entities.
(i) DEFINITIONS.—In this section:
(1) ELIGIBLE MIGRANT AND SEASONAL FARMWORKERS.—The
term ‘‘eligible migrant and seasonal farmworkers’’ means
individuals who are eligible migrant farmworkers or are eligible
seasonal farmworkers.
(2) ELIGIBLE MIGRANT FARMWORKER.—The term ‘‘eligible
migrant farmworker’’ means—
(A) an eligible seasonal farmworker described in paragraph (3)(A) whose agricultural labor requires travel to
a job site such that the farmworker is unable to return
to a permanent place of residence within the same day;
and
(B) a dependent of the farmworker described in
subparagraph (A).
(3) ELIGIBLE SEASONAL FARMWORKER.—The term ‘‘eligible
seasonal farmworker’’ means—
(A) a low-income individual who—
(i) for 12 consecutive months out of the 24 months
prior to application for the program involved, has been
primarily employed in agricultural or fish farming
labor that is characterized by chronic unemployment
or underemployment; and
(ii) faces multiple barriers to economic self-sufficiency; and
(B) a dependent of the person described in subparagraph (A).
SEC. 168. TECHNICAL ASSISTANCE.
(a) GENERAL TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary shall ensure that the
Department has sufficient capacity to, and does, provide, coordinate, and support the development of, appropriate training,
technical assistance, staff development, and other activities,
including—
(A) assistance in replicating programs of demonstrated
effectiveness, to States and localities;
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128 STAT. 1567
(B) the training of staff providing rapid response serv-
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ices;
(C) the training of other staff of recipients of funds
under this title, including the staff of local boards and
State boards;
(D) the training of members of State boards and local
boards;
(E) assistance in the development and implementation
of integrated, technology-enabled intake and case management information systems for programs carried out under
this Act and programs carried out by one-stop partners,
such as standard sets of technical requirements for the
systems, offering interfaces that States could use in
conjunction with their current (as of the first date of
implementation of the systems) intake and case management information systems that would facilitate shared registration across programs;
(F) assistance regarding accounting and program operations to States and localities (when such assistance would
not supplant assistance provided by the State);
(G) peer review activities under this title; and
(H) in particular, assistance to States in making transitions to implement the provisions of this Act.
(2) FORM OF ASSISTANCE.—
(A) IN GENERAL.—In order to carry out paragraph (1)
on behalf of a State or recipient of financial assistance
under section 166 or 167, the Secretary, after consultation
with the State or grant recipient, may award grants or
enter into contracts or cooperative agreements.
(B) LIMITATION.—Grants or contracts awarded under
paragraph (1) to entities other than States or local units
of government that are for amounts in excess of $100,000
shall only be awarded on a competitive basis.
(b) DISLOCATED WORKER TECHNICAL ASSISTANCE.—
(1) AUTHORITY.—Of the amounts available pursuant to section 132(a)(2)(A), the Secretary shall reserve not more than
5 percent of such amounts to provide technical assistance to
States that do not meet the State performance accountability
measures for the primary indicators of performance described
in section 116(b)(2)(A)(i) with respect to employment and
training activities for dislocated workers. Using such reserved
funds, the Secretary may provide such assistance to other
States, local areas, and other entities involved in providing
assistance to dislocated workers, to promote the continuous
improvement of assistance provided to dislocated workers,
under this title.
(2) TRAINING.—Amounts reserved under this subsection
may be used to provide for the training of staff, including
specialists, who provide rapid response services. Such training
shall include instruction in proven methods of promoting, establishing, and assisting labor-management committees. Such
projects shall be administered through the Employment and
Training Administration of the Department.
(c) PROMISING AND PROVEN PRACTICES COORDINATION.—The
Secretary shall—
(1) establish a system through which States may share
information regarding promising and proven practices with
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regard to the operation of workforce investment activities under
this Act;
(2) evaluate and disseminate information regarding such
promising and proven practices and identify knowledge gaps;
and
(3) commission research under section 169(b) to address
knowledge gaps identified under paragraph (2).
Evaluation.
Research.
29 USC 3224.
PUBLIC LAW 113–128—JULY 22, 2014
SEC. 169. EVALUATIONS AND RESEARCH.
(a) EVALUATIONS.—
(1) EVALUATIONS
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OF PROGRAMS AND ACTIVITIES CARRIED
OUT UNDER THIS TITLE.—
(A) IN GENERAL.—For the purpose of improving the
management and effectiveness of programs and activities
carried out under this title, the Secretary, through grants,
contracts, or cooperative agreements, shall provide for the
continuing evaluation of the programs and activities under
this title, including those programs and activities carried
out under this section.
(B) PERIODIC INDEPENDENT EVALUATION.—The evaluations carried out under this paragraph shall include an
independent evaluation, at least once every 4 years, of
the programs and activities carried out under this title.
(2) EVALUATION SUBJECTS.—Each evaluation carried out
under paragraph (1) shall address—
(A) the general effectiveness of such programs and
activities in relation to their cost, including the extent
to which the programs and activities—
(i) improve the employment competencies of
participants in comparison to comparably-situated
individuals who did not participate in such programs
and activities; and
(ii) to the extent feasible, increase the level of
total employment over the level that would have
existed in the absence of such programs and activities;
(B) the effectiveness of the performance accountability
measures relating to such programs and activities;
(C) the effectiveness of the structure and mechanisms
for delivery of services through such programs and activities, including the coordination and integration of services
through such programs and activities;
(D) the impact of such programs and activities on
the community, businesses, and participants involved;
(E) the impact of such programs and activities on
related programs and activities;
(F) the extent to which such programs and activities
meet the needs of various demographic groups; and
(G) such other factors as may be appropriate.
(3) EVALUATIONS OF OTHER PROGRAMS AND ACTIVITIES.—
The Secretary may conduct evaluations of other federally
funded employment-related programs and activities under other
provisions of law.
(4) TECHNIQUES.—Evaluations conducted under this subsection shall utilize appropriate and rigorous methodology and
research designs, including the use of control groups chosen
by scientific random assignment methodologies. The Secretary
shall conduct at least 1 multisite control group evaluation under
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128 STAT. 1569
this subsection by the end of fiscal year 2019, and thereafter
shall ensure that such an analysis is included in the independent evaluation described in paragraph (1)(B) that is conducted at least once every 4 years.
(5) REPORTS.—The entity carrying out an evaluation
described in paragraph (1) or (2) shall prepare and submit
to the Secretary a draft report and a final report containing
the results of the evaluation.
(6) REPORTS TO CONGRESS.—Not later than 30 days after
the completion of a draft report under paragraph (5), the Secretary shall transmit the draft report to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions
of the Senate. Not later than 60 days after the completion
of a final report under such paragraph, the Secretary shall
transmit the final report to such committees.
(7) PUBLIC AVAILABILITY.—Not later than 30 days after
the date the Secretary transmits the final report as described
in paragraph (6), the Secretary shall make that final report
available to the general public on the Internet, on the Web
site of the Department of Labor.
(8) PUBLICATION OF REPORTS.—If an entity that enters into
a contract or other arrangement with the Secretary to conduct
an evaluation of a program or activity under this subsection
requests permission from the Secretary to publish a report
resulting from the evaluation, such entity may publish the
report unless the Secretary denies the request during the 90day period beginning on the date the Secretary receives such
request.
(9) COORDINATION.—The Secretary shall ensure the
coordination of evaluations carried out by States pursuant to
section 116(e) with the evaluations carried out under this subsection.
(b) RESEARCH, STUDIES, AND MULTISTATE PROJECTS.—
(1) IN GENERAL.—After consultation with States, localities,
and other interested parties, the Secretary shall, every 2 years,
publish in the Federal Register, a plan that describes the
research, studies, and multistate project priorities of the
Department of Labor concerning employment and training for
the 5-year period following the submission of the plan. The
plan shall be consistent with the purposes of this title, including
the purpose of aligning and coordinating core programs with
other one-stop partner programs. Copies of the plan shall be
transmitted to the Committee on Education and the Workforce
of the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Department
of Education, and other relevant Federal agencies.
(2) FACTORS.—The plan published under paragraph (1)
shall contain strategies to address national employment and
training problems and take into account factors such as—
(A) the availability of existing research (as of the date
of the publication);
(B) the need to ensure results that have interstate
validity;
(C) the benefits of economies of scale and the efficiency
of proposed projects; and
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Time periods.
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(D) the likelihood that the results of the projects will
be useful to policymakers and stakeholders in addressing
employment and training problems.
(3) RESEARCH PROJECTS.—The Secretary shall, through
grants or contracts, carry out research projects that will contribute to the solution of employment and training problems
in the United States and that are consistent with the priorities
specified in the plan published under paragraph (1).
(4) STUDIES AND REPORTS.—
(A) NET IMPACT STUDIES AND REPORTS.—The Secretary
of Labor, in coordination with the Secretary of Education
and other relevant Federal agencies, may conduct studies
to determine the net impact and best practices of programs,
services, and activities carried out under this Act.
(B) STUDY ON RESOURCES AVAILABLE TO ASSIST DISCONNECTED YOUTH.—The Secretary of Labor, in coordination
with the Secretary of Education, may conduct a study
examining the characteristics of eligible youth that result
in such youth being significantly disconnected from education and workforce participation, the ways in which such
youth could have greater opportunities for education attainment and obtaining employment, and the resources available to assist such youth in obtaining the skills, credentials,
and work experience necessary to become economically selfsufficient.
(C) STUDY OF EFFECTIVENESS OF WORKFORCE DEVELOPMENT SYSTEM IN MEETING BUSINESS NEEDS.—Using funds
available to carry out this subsection jointly with funds
available to the Secretary of Commerce, the Administrator
of the Small Business Administration, and the Secretary
of Education, the Secretary of Labor, in coordination with
the Secretary of Commerce, the Administrator of the Small
Business Administration, and the Secretary of Education,
may conduct a study of the effectiveness of the workforce
development system in meeting the needs of business, such
as through the use of industry or sector partnerships, with
particular attention to the needs of small business,
including in assisting workers to obtain the skills needed
to utilize emerging technologies.
(D) STUDY ON PARTICIPANTS ENTERING NONTRADITIONAL
OCCUPATIONS.—The Secretary of Labor, in coordination
with the Secretary of Education, may conduct a study
examining the number and percentage of individuals who
receive employment and training activities and who enter
nontraditional occupations, successful strategies to place
and support the retention of individuals in nontraditional
employment (such as by providing post-placement assistance to participants in the form of exit interviews, mentoring, networking, and leadership development), and the
degree to which recipients of employment and training
activities are informed of the possibility of, or directed
to begin, training or education needed for entrance into
nontraditional occupations.
(E) STUDY ON PERFORMANCE INDICATORS.—The Secretary of Labor, in coordination with the Secretary of Education, may conduct studies to determine the feasibility
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Contracts.
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128 STAT. 1571
of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data
available through wage records, for potential use as a
performance indicator.
(F) STUDY ON JOB TRAINING FOR RECIPIENTS OF PUBLIC
HOUSING ASSISTANCE.—The Secretary of Labor, in coordination with the Secretary of Housing and Urban Development, may conduct studies to assist public housing authorities to provide, to recipients of public housing assistance,
job training programs that successfully upgrade job skills
and employment in, and access to, jobs with opportunity
for advancement and economic self-sufficiency for such
recipients.
(G) STUDY ON IMPROVING EMPLOYMENT PROSPECTS FOR
OLDER INDIVIDUALS.—The Secretary of Labor, in coordination with the Secretary of Education and the Secretary
of Health and Human Services, may conduct studies that
lead to better design and implementation of, in conjunction
with employers, local boards or State boards, community
colleges or area career and technical education schools,
and other organizations, effective evidence-based strategies
to provide services to workers who are low-income, lowskilled older individuals that increase the workers’ skills
and employment prospects.
(H) STUDY ON PRIOR LEARNING.—The Secretary of
Labor, in coordination with other heads of Federal agencies,
as appropriate, may conduct studies that, through convening stakeholders from the fields of education, workforce,
business, labor, defense, and veterans services, and experts
in such fields, develop guidelines for assessing, accounting
for, and utilizing the prior learning of individuals, including
dislocated workers and veterans, in order to provide the
individuals with postsecondary educational credit for such
prior learning that leads to the attainment of a recognized
postsecondary credential identified under section 122(d)
and employment.
(I) STUDY ON CAREER PATHWAYS FOR HEALTH CARE PRO-
Coordination.
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VIDERS AND PROVIDERS OF EARLY EDUCATION AND CHILD
CARE.—The Secretary of Labor, in coordination with the
Secretary of Education and the Secretary of Health and
Human Services, shall conduct a multistate study to
develop, implement, and build upon career advancement
models and practices for low-wage health care providers
or providers of early education and child care, including
faculty education and distance education programs.
(J) STUDY ON EQUIVALENT PAY.—The Secretary shall
conduct a multistate study to develop and disseminate
strategies for ensuring that programs and activities carried
out under this Act are placing individuals in jobs, education, and training that lead to equivalent pay for men
and women, including strategies to increase the participation of women in high-wage, high-demand occupations in
which women are underrepresented.
(K) REPORTS.—The Secretary shall prepare and
disseminate to the Committee on Health, Education, Labor,
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Grants.
Contracts.
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PUBLIC LAW 113–128—JULY 22, 2014
and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives,
and to the public, including through electronic means,
reports containing the results of the studies conducted
under this paragraph.
(5) MULTISTATE PROJECTS.—
(A) AUTHORITY.—The Secretary may, through grants
or contracts, carry out multistate projects that require demonstrated expertise that is available at the national level
to effectively disseminate best practices and models for
implementing employment and training services, address
the specialized employment and training needs of particular service populations, or address industry-wide skill
shortages, to the extent such projects are consistent with
the priorities specified in the plan published under paragraph (1).
(B) DESIGN OF GRANTS.—Agreements for grants or contracts awarded under this paragraph shall be designed
to obtain information relating to the provision of services
under different economic conditions or to various demographic groups in order to provide guidance at the national
and State levels about how best to administer specific
employment and training services.
(6) LIMITATIONS.—
(A) COMPETITIVE AWARDS.—A grant or contract
awarded for carrying out a project under this subsection
in an amount that exceeds $100,000 shall be awarded
only on a competitive basis, except that a noncompetitive
award may be made in the case of a project that is funded
jointly with other public or private sector entities that
provide a substantial portion of assistance under the grant
or contract for the project.
(B) TIME LIMITS.—A grant or contract shall not be
awarded under this subsection to the same organization
for more than 3 consecutive years unless such grant or
contract is competitively reevaluated within such period.
(C) PEER REVIEW.—
(i) IN GENERAL.—The Secretary shall utilize a peer
review process—
(I) to review and evaluate all applications for
grants in amounts that exceed $500,000 that are
submitted under this section; and
(II) to review and designate exemplary and
promising programs under this section.
(ii) AVAILABILITY OF FUNDS.—The Secretary is
authorized to use funds provided under this section
to carry out peer review activities under this subparagraph.
(D) PRIORITY.—In awarding grants or contracts under
this subsection, priority shall be provided to entities with
recognized expertise in the methods, techniques, and
knowledge of workforce investment activities. The Secretary shall establish appropriate time limits for the duration of such projects.
(c) DISLOCATED WORKER PROJECTS.—Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the
Secretary shall use not more than 10 percent of such amount
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1573
to carry out demonstration and pilot projects, multiservice projects,
and multistate projects relating to the employment and training
needs of dislocated workers. Of the requirements of this section,
such projects shall be subject only to the provisions relating to
review and evaluation of applications under subsection (b)(6)(C).
Such projects may include demonstration and pilot projects relating
to promoting self-employment, promoting job creation, averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, and promoting public works. Such projects shall be administered by the Secretary, acting through the Assistant Secretary
for Employment and Training.
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SEC. 170. NATIONAL DISLOCATED WORKER GRANTS.
29 USC 3225.
(a) DEFINITIONS.—In this section:
(1) EMERGENCY OR DISASTER.—The term ‘‘emergency or
disaster’’ means—
(A) an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or
(B) an emergency or disaster situation of national
significance that could result in a potentially large loss
of employment, as declared or otherwise recognized by
the chief official of a Federal agency with authority for
or jurisdiction over the Federal response to the emergency
or disaster situation.
(2) DISASTER AREA.—The term ‘‘disaster area’’ means an
area that has suffered or in which has occurred an emergency
or disaster.
(b) IN GENERAL.—
(1) GRANTS.—The Secretary is authorized to award national
dislocated worker grants—
(A) to an entity described in subsection (c)(1)(B) to
provide employment and training assistance to workers
affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military
installations;
(B) to provide assistance to—
(i) the Governor of any State within the boundaries
of which is a disaster area, to provide disaster relief
employment in the disaster area; or
(ii) the Governor of any State to which a substantial number of workers from an area in which an
emergency or disaster has been declared or otherwise
recognized have relocated;
(C) to provide additional assistance to a State board
or local board for eligible dislocated workers in a case
in which the State board or local board has expended
the funds provided under this section to carry out activities
described in subparagraphs (A) and (B) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with
requirements prescribed by the Secretary; and
(D) to provide additional assistance to a State board
or local board serving an area where—
(i) a higher-than-average demand for employment
and training activities for dislocated members of the
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Deadline.
Notice.
Deadline.
Time period.
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Armed Forces, spouses described in section 3(15)(E),
or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources
for providing such activities; and
(ii) such activities are to be carried out in partnership with the Department of Defense and Department
of Veterans Affairs transition assistance programs.
(2) DECISIONS AND OBLIGATIONS.—The Secretary shall issue
a final decision on an application for a national dislocated
worker grant under this subsection not later than 45 calendar
days after receipt of the application. The Secretary shall issue
a notice of obligation for such grant not later than 10 days
after the award of such grant.
(c) EMPLOYMENT AND TRAINING ASSISTANCE REQUIREMENTS.—
(1) GRANT RECIPIENT ELIGIBILITY.—
(A) APPLICATION.—To be eligible to receive a grant
under subsection (b)(1)(A), an entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
require.
(B) ELIGIBLE ENTITY.—In this paragraph, the term
‘‘entity’’ means a State, a local board, an entity described
in section 166(c), an entity determined to be eligible by
the Governor of the State involved, and any other entity
that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular
dislocations.
(2) PARTICIPANT ELIGIBILITY.—
(A) IN GENERAL.—In order to be eligible to receive
employment and training assistance under a national dislocated worker grant awarded pursuant to subsection
(b)(1)(A), an individual shall be—
(i) a dislocated worker;
(ii) a civilian employee of the Department of
Defense or the Department of Energy employed at
a military installation that is being closed, or that
will undergo realignment, within the next 24 months
after the date of the determination of eligibility;
(iii) an individual who is employed in a nonmanagerial position with a Department of Defense contractor, who is determined by the Secretary of Defense
to be at risk of termination from employment as a
result of reductions in defense expenditures, and whose
employer is converting operations from defense to nondefense applications in order to prevent worker layoffs;
or
(iv) a member of the Armed Forces who—
(I) was on active duty or full-time National
Guard duty;
(II)(aa) is involuntarily separated (as defined
in section 1141 of title 10, United States Code)
from active duty or full-time National Guard duty;
or
(bb) is separated from active duty or full-time
National Guard duty pursuant to a special separation benefits program under section 1174a of title
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1575
10, United States Code, or the voluntary separation incentive program under section 1175 of that
title;
(III) is not entitled to retired or retained pay
incident to the separation described in subclause
(II); and
(IV) applies for such employment and training
assistance before the end of the 180-day period
beginning on the date of that separation.
ASSISTANCE.—The
individuals
(B)
RETRAINING
described in subparagraph (A)(iii) shall be eligible for
retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in
subparagraph (A)(iii).
(C) ADDITIONAL REQUIREMENTS.—The Secretary shall
establish and publish additional requirements related to
eligibility for employment and training assistance under
the national dislocated worker grants to ensure effective
use of the funds available for this purpose.
(D) DEFINITIONS.—In this paragraph, the terms ‘‘military installation’’ and ‘‘realignment’’ have the meanings
given the terms in section 2910 of the Defense Base Closure
and Realignment Act of 1990 (Public Law 101–510; 10
U.S.C. 2687 note).
(d) DISASTER RELIEF EMPLOYMENT ASSISTANCE REQUIREMENTS.—
(1) IN GENERAL.—Funds made available under subsection
(b)(1)(B)—
(A) shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as
applicable, to provide disaster relief employment on projects
that provide food, clothing, shelter, and other humanitarian
assistance for emergency and disaster victims, and projects
regarding demolition, cleaning, repair, renovation, and
reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area and in
offshore areas related to the emergency or disaster;
(B) may be expended through public and private agencies and organizations engaged in such projects; and
(C) may be expended to provide employment and
training activities.
(2) ELIGIBILITY.—An individual shall be eligible to be
offered disaster relief employment under subsection (b)(1)(B)
if such individual—
(A) is a dislocated worker;
(B) is a long-term unemployed individual;
(C) is temporarily or permanently laid off as a consequence of the emergency or disaster; or
(D) in the case of an individual who is self-employed,
becomes unemployed or significantly underemployed as a
result of the emergency or disaster.
(3) LIMITATIONS ON DISASTER RELIEF EMPLOYMENT.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), no individual shall be employed under subsection
(b)(1)(B) for more than 12 months for work related to
recovery from a single emergency or disaster.
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Effective date.
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Time period.
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(B) EXTENSION.—At the request of a State, the Secretary may extend such employment, related to recovery
from a single emergency or disaster involving the State,
for not more than an additional 12 months.
(4) USE OF AVAILABLE FUNDS.—Funds made available under
subsection (b)(1)(B) shall be available to assist workers
described in paragraph (2) who are affected by an emergency
or disaster, including workers who have relocated from an
area in which an emergency or disaster has been declared
or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated
for any fiscal year and available for expenditure under any
grant awarded to the State under this section, to provide any
assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be
subject to the liability and reimbursement requirements
described in paragraph (5).
(5) LIABILITY AND REIMBURSEMENT.—Nothing in this Act
shall be construed to relieve liability, by a responsible party
that is liable under Federal law, for any costs incurred by
the United States under subsection (b)(1)(B) or this subsection,
including the responsibility to provide reimbursement for such
costs to the United States.
Determination.
Notification.
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29 USC 3226.
PUBLIC LAW 113–128—JULY 22, 2014
SEC. 171. YOUTHBUILD PROGRAM.
(a) STATEMENT OF PURPOSE.—The purposes of this section are—
(1) to enable disadvantaged youth to obtain the education
and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education
and training opportunities;
(2) to provide disadvantaged youth with opportunities for
meaningful work and service to their communities;
(3) to foster the development of employment and leadership
skills and commitment to community development among youth
in low-income communities;
(4) to expand the supply of permanent affordable housing
for homeless individuals and low-income families by utilizing
the energies and talents of disadvantaged youth; and
(5) to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those
facilities that are used to serve homeless and low-income families.
(b) DEFINITIONS.—In this section:
(1) ADJUSTED INCOME.—The term ‘‘adjusted income’’ has
the meaning given the term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2) APPLICANT.—The term ‘‘applicant’’ means an eligible
entity that has submitted an application under subsection (c).
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
public or private nonprofit agency or organization (including
a consortium of such agencies or organizations), including—
(A) a community-based organization;
(B) a faith-based organization;
(C) an entity carrying out activities under this title,
such as a local board;
(D) a community action agency;
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128 STAT. 1577
(E) a State or local housing development agency;
(F) an Indian tribe or other agency primarily serving
Indians;
(G) a community development corporation;
(H) a State or local youth service or conservation corps;
and
(I) any other entity eligible to provide education or
employment training under a Federal program (other than
the program carried out under this section).
(4) HOMELESS INDIVIDUAL.—The term ‘‘homeless individual’’
means a homeless individual (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–
2(6))) or a homeless child or youth (as defined in section 725(2)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2))).
(5) HOUSING DEVELOPMENT AGENCY.—The term ‘‘housing
development agency’’ means any agency of a State or local
government, or any private nonprofit organization, that is
engaged in providing housing for homeless individuals or lowincome families.
(6) INCOME.—The term ‘‘income’’ has the meaning given
the term in section 3(b) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)).
(7) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ and ‘‘Indian
tribe’’ have the meanings given such terms in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(8) LOW-INCOME FAMILY.—The term ‘‘low-income family’’
means a family described in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
(9) QUALIFIED NATIONAL NONPROFIT AGENCY.—The term
‘‘qualified national nonprofit agency’’ means a nonprofit agency
that—
(A) has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or
similar projects; and
(B) has the capacity to provide those services.
(10) REGISTERED APPRENTICESHIP PROGRAM.—The term
‘‘registered apprenticeship program’’ means an apprenticeship
program—
(A) registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
(B) that meets such other criteria as may be established by the Secretary under this section.
(11) TRANSITIONAL HOUSING.—The term ‘‘transitional
housing’’ has the meaning given the term in section 401(29)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(29)).
(12) YOUTHBUILD PROGRAM.—The term ‘‘YouthBuild program’’ means any program that receives assistance under this
section and provides disadvantaged youth with opportunities
for employment, education, leadership development, and
training through the rehabilitation (which, for purposes of this
section, shall include energy efficiency enhancements) or
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construction of housing for homeless individuals and low-income
families, and of public facilities.
(c) YOUTHBUILD GRANTS.—
(1) AMOUNTS OF GRANTS.—The Secretary is authorized to
make grants to applicants for the purpose of carrying out
YouthBuild programs approved under this section.
(2) ELIGIBLE ACTIVITIES.—An entity that receives a grant
under this subsection shall use the funds made available
through the grant to carry out a YouthBuild program, which
may include the following activities:
(A) Education and workforce investment activities
including—
(i) work experience and skills training (coordinated, to the maximum extent feasible, with
preapprenticeship and registered apprenticeship programs) in the activities described in subparagraphs
(B) and (C) related to rehabilitation or construction,
and, if approved by the Secretary, in additional indemand industry sectors or occupations in the region
in which the program operates;
(ii) occupational skills training;
(iii) other paid and unpaid work experiences,
including internships and job shadowing;
(iv) services and activities designed to meet the
educational needs of participants, including—
(I) basic skills instruction and remedial education;
(II) language instruction educational programs
for participants who are English language
learners;
(III) secondary education services and activities, including tutoring, study skills training, and
school dropout prevention and recovery activities,
designed to lead to the attainment of a secondary
school diploma or its recognized equivalent
(including recognized certificates of attendance or
similar documents for individuals with disabilities);
(IV) counseling and assistance in obtaining
postsecondary education and required financial
aid; and
(V) alternative secondary school services;
(v) counseling services and related activities, such
as comprehensive guidance and counseling on drug
and alcohol abuse and referral;
(vi) activities designed to develop employment and
leadership skills, which may include community service
and peer-centered activities encouraging responsibility
and other positive social behaviors, and activities
related to youth policy committees that participate in
decision-making related to the program;
(vii) supportive services and provision of needbased stipends necessary to enable individuals to
participate in the program and to assist individuals,
for a period not to exceed 12 months after the completion of training, in obtaining or retaining employment,
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128 STAT. 1579
or applying for and transitioning to postsecondary education or training; and
(viii) job search and assistance.
(B) Supervision and training for participants in the
rehabilitation or construction of housing, including residential housing for homeless individuals or low-income families, or transitional housing for homeless individuals, and,
if approved by the Secretary, in additional in-demand
industry sectors or occupations in the region in which the
program operates.
(C) Supervision and training for participants—
(i) in the rehabilitation or construction of community and other public facilities, except that not more
than 15 percent of funds appropriated to carry out
this section may be used for such supervision and
training; and
(ii) if approved by the Secretary, in additional indemand industry sectors or occupations in the region
in which the program operates.
(D) Payment of administrative costs of the applicant,
including recruitment and selection of participants, except
that not more than 10 percent of the amount of assistance
provided under this subsection to the grant recipient may
be used for such costs.
(E) Adult mentoring.
(F) Provision of wages, stipends, or benefits to participants in the program.
(G) Ongoing training and technical assistance that are
related to developing and carrying out the program.
(H) Follow-up services.
(3) APPLICATION.—
(A) FORM AND PROCEDURE.—To be qualified to receive
a grant under this subsection, an eligible entity shall
submit an application at such time, in such manner, and
containing such information as the Secretary may require.
(B) MINIMUM REQUIREMENTS.—The Secretary shall
require that the application contain, at a minimum—
(i) labor market information for the labor market
area where the proposed program will be implemented,
including both current data (as of the date of submission of the application) and projections on career
opportunities in construction and in-demand industry
sectors or occupations;
(ii) a request for the grant, specifying the amount
of the grant requested and its proposed uses;
(iii) a description of the applicant and a statement
of its qualifications, including a description of the
applicant’s relationship with local boards, one-stop
operators, local unions, entities carrying out registered
apprenticeship programs, other community groups, and
employers, and the applicant’s past experience, if any,
with rehabilitation or construction of housing or public
facilities, and with youth education and employment
training programs;
(iv) a description of the proposed site for the proposed program;
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(v) a description of the educational and job training
activities, work opportunities, postsecondary education
and training opportunities, and other services that will
be provided to participants, and how those activities,
opportunities, and services will prepare youth for
employment in in-demand industry sectors or occupations in the labor market area described in clause
(i);
(vi)(I) a description of the proposed activities to
be undertaken under the grant related to rehabilitation
or construction, and, in the case of an applicant
requesting approval from the Secretary to also carry
out additional activities related to in-demand industry
sectors or occupations, a description of such additional
proposed activities; and
(II) the anticipated schedule for carrying out all
activities proposed under subclause (I);
(vii) a description of the manner in which eligible
youth will be recruited and selected as participants,
including a description of arrangements that will be
made with local boards, one-stop operators, faith- and
community-based organizations, State educational
agencies or local educational agencies (including agencies of Indian tribes), public assistance agencies, the
courts of jurisdiction, agencies operating shelters for
homeless individuals and other agencies that serve
youth who are homeless individuals, foster care agencies, and other appropriate public and private agencies;
(viii) a description of the special outreach efforts
that will be undertaken to recruit eligible young women
(including young women with dependent children) as
participants;
(ix) a description of the specific role of employers
in the proposed program, such as their role in developing the proposed program and assisting in service
provision and in placement activities;
(x) a description of how the proposed program will
be coordinated with other Federal, State, and local
activities and activities conducted by Indian tribes,
such as local workforce investment activities, career
and technical education and training programs, adult
and language instruction educational programs, activities conducted by public schools, activities conducted
by community colleges, national service programs, and
other job training provided with funds available under
this title;
(xi) assurances that there will be a sufficient
number of adequately trained supervisory personnel
in the proposed program;
(xii) a description of the levels of performance to
be achieved with respect to the primary indicators
of performance for eligible youth described in section
116(b)(2)(A)(ii);
(xiii) a description of the applicant’s relationship
with local building trade unions regarding their
involvement in training to be provided through the
proposed program, the relationship of the proposed
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128 STAT. 1581
program to established registered apprenticeship programs and employers, the ability of the applicant to
grant an industry-recognized certificate or certification
through the program, and the quality of the program
leading to the certificate or certification;
(xiv) a description of activities that will be undertaken to develop the leadership skills of participants;
(xv) a detailed budget and a description of the
system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal
soundness for the proposed program;
(xvi) a description of the commitments for any
additional resources (in addition to the funds made
available through the grant) to be made available to
the proposed program from—
(I) the applicant;
(II) recipients of other Federal, State, or local
housing and community development assistance
that will sponsor any part of the rehabilitation
or construction, operation and maintenance, or
other housing and community development activities undertaken as part of the proposed program;
or
(III) entities carrying out other Federal, State,
or local activities or activities conducted by Indian
tribes, including career and technical education
and training programs, adult and language
instruction educational programs, and job training
provided with funds available under this title;
(xvii) information identifying, and a description
of, the financing proposed for any—
(I) rehabilitation of the property involved;
(II) acquisition of the property; or
(III) construction of the property;
(xviii) information identifying, and a description
of, the entity that will operate and manage the property;
(xix) information identifying, and a description of,
the data collection systems to be used;
(xx) a certification, by a public official responsible
for the housing strategy for the State or unit of general
local government within which the proposed program
is located, that the proposed program is consistent
with the housing strategy; and
(xxi) a certification that the applicant will comply
with the requirements of the Fair Housing Act (42
U.S.C. 3601 et seq.) and will affirmatively further fair
housing.
(4) SELECTION CRITERIA.—For an applicant to be eligible
to receive a grant under this subsection, the applicant and
the applicant’s proposed program shall meet such selection
criteria as the Secretary shall establish under this section,
which shall include criteria relating to—
(A) the qualifications or potential capabilities of an
applicant;
(B) an applicant’s potential for developing a successful
YouthBuild program;
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Certification.
Certification.
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128 STAT. 1582
(C) the need for an applicant’s proposed program, as
determined by the degree of economic distress of the
community from which participants would be recruited
(measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped
out of secondary school) and of the community in which
the housing and community and public facilities proposed
to be rehabilitated or constructed is located (measured
by indicators such as incidence of homelessness, shortage
of affordable housing, and poverty);
(D) the commitment of an applicant to providing skills
training, leadership development, and education to participants;
(E) the focus of a proposed program on preparing youth
for in-demand industry sectors or occupations, or postsecondary education and training opportunities;
(F) the extent of an applicant’s coordination of activities
to be carried out through the proposed program with local
boards, one-stop operators, and one-stop partners participating in the operation of the one-stop delivery system
involved, or the extent of the applicant’s good faith efforts
in achieving such coordination;
(G) the extent of the applicant’s coordination of activities with public education, criminal justice, housing and
community development, national service, or postsecondary
education or other systems that relate to the goals of the
proposed program;
(H) the extent of an applicant’s coordination of activities with employers in the local area involved;
(I) the extent to which a proposed program provides
for inclusion of tenants who were previously homeless
individuals in the rental housing provided through the
program;
(J) the commitment of additional resources (in addition
to the funds made available through the grant) to a proposed program by—
(i) an applicant;
(ii) recipients of other Federal, State, or local
housing and community development assistance who
will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and
community development activities undertaken as part
of the proposed program; or
(iii) entities carrying out other Federal, State, or
local activities or activities conducted by Indian tribes,
including career and technical education and training
programs, adult and language instruction educational
programs, and job training provided with funds available under this title;
(K) the applicant’s potential to serve different regions,
including rural areas and States that have not previously
received grants for YouthBuild programs; and
(L) such other factors as the Secretary determines to
be appropriate for purposes of carrying out the proposed
program in an effective and efficient manner.
(5) APPROVAL.—To the extent practicable, the Secretary
shall notify each applicant, not later than 5 months after the
Notification.
Deadline.
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128 STAT. 1583
date of receipt of the application by the Secretary, whether
the application is approved or not approved.
(d) USE OF HOUSING UNITS.—Residential housing units rehabilitated or constructed using funds made available under subsection
(c), shall be available solely—
(1) for rental by, or sale to, homeless individuals or lowincome families; or
(2) for use as transitional or permanent housing, for the
purpose of assisting in the movement of homeless individuals
to independent living.
(e) ADDITIONAL PROGRAM REQUIREMENTS.—
(1) ELIGIBLE PARTICIPANTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), an individual may participate in a YouthBuild program
only if such individual is—
(i) not less than age 16 and not more than age
24, on the date of enrollment;
(ii) a member of a low-income family, a youth
in foster care (including youth aging out of foster care),
a youth offender, a youth who is an individual with
a disability, a child of incarcerated parents, or a
migrant youth; and
(iii) a school dropout, or an individual who was
a school dropout and has subsequently reenrolled.
(B) EXCEPTION FOR INDIVIDUALS NOT MEETING INCOME
OR EDUCATIONAL NEED REQUIREMENTS.—Not more than 25
percent of the participants in such program may be individuals who do not meet the requirements of clause (ii) or
(iii) of subparagraph (A), but who—
(i) are basic skills deficient, despite attainment
of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or
similar documents for individuals with disabilities);
or
(ii) have been referred by a local secondary school
for participation in a YouthBuild program leading to
the attainment of a secondary school diploma.
(2) PARTICIPATION LIMITATION.—An eligible individual
selected for participation in a YouthBuild program shall be
offered full-time participation in the program for a period of
not less than 6 months and not more than 24 months.
(3) MINIMUM TIME DEVOTED TO EDUCATIONAL SERVICES AND
ACTIVITIES.—A YouthBuild program receiving assistance under
subsection (c) shall be structured so that participants in the
program are offered—
(A) education and related services and activities
designed to meet educational needs, such as those specified
in clauses (iv) through (vii) of subsection (c)(2)(A), during
at least 50 percent of the time during which the participants participate in the program; and
(B) work and skill development activities, such as those
specified in clauses (i), (ii), (iii), and (viii) of subsection
(c)(2)(A), during at least 40 percent of the time during
which the participants participate in the program.
(4) AUTHORITY RESTRICTION.—No provision of this section
may be construed to authorize any agency, officer, or employee
of the United States to exercise any direction, supervision,
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128 STAT. 1584
PUBLIC LAW 113–128—JULY 22, 2014
or control over the curriculum, program of instruction, administration, or personnel of any educational institution (including
a school) or school system, or over the selection of library
resources, textbooks, or other printed or published instructional
materials by any educational institution or school system.
(5) STATE AND LOCAL STANDARDS.—All educational programs and activities supported with funds provided under subsection (c) shall be consistent with applicable State and local
educational standards. Standards and procedures for the programs and activities that relate to awarding academic credit
for and certifying educational attainment in such programs
and activities shall be consistent with applicable State and
local educational standards.
(f) LEVELS OF PERFORMANCE AND INDICATORS.—
(1) IN GENERAL.—The Secretary shall annually establish
expected levels of performance for YouthBuild programs
relating to each of the primary indicators of performance for
eligible youth activities described in section 116(b)(2)(A)(ii).
(2) ADDITIONAL INDICATORS.—The Secretary may establish
expected levels of performance for additional indicators for
YouthBuild programs, as the Secretary determines appropriate.
(g) MANAGEMENT AND TECHNICAL ASSISTANCE.—
(1) SECRETARY ASSISTANCE.—The Secretary may enter into
contracts with 1 or more entities to provide assistance to the
Secretary in the management, supervision, and coordination
of the program carried out under this section.
(2) TECHNICAL ASSISTANCE.—
(A) CONTRACTS AND GRANTS.—The Secretary shall
enter into contracts with or make grants to 1 or more
qualified national nonprofit agencies, in order to provide
training, information, technical assistance, program evaluation, and data management to recipients of grants under
subsection (c).
(B) RESERVATION OF FUNDS.—Of the amounts available
under subsection (i) to carry out this section for a fiscal
year, the Secretary shall reserve 5 percent to carry out
subparagraph (A).
(3) CAPACITY BUILDING GRANTS.—
(A) IN GENERAL.—In each fiscal year, the Secretary
may use not more than 3 percent of the amounts available
under subsection (i) to award grants to 1 or more qualified
national nonprofit agencies to pay for the Federal share
of the cost of capacity building activities.
(B) FEDERAL SHARE.—The Federal share of the cost
described in subparagraph (A) shall be 25 percent. The
non-Federal share shall be provided from private sources.
(h) SUBGRANTS AND CONTRACTS.—Each recipient of a grant
under subsection (c) to carry out a YouthBuild program shall provide the services and activities described in this section directly
or through subgrants, contracts, or other arrangements with local
educational agencies, institutions of higher education, State or local
housing development agencies, other public agencies, including
agencies of Indian tribes, or private organizations.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $77,534,000 for fiscal year 2015;
(2) $83,523,000 for fiscal year 2016;
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128 STAT. 1585
(3) $85,256,000 for fiscal year 2017;
(4) $87,147,000 for fiscal year 2018;
(5) $89,196,000 for fiscal year 2019; and
(6) $91,087,000 for fiscal year 2020.
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SEC. 172. AUTHORIZATION OF APPROPRIATIONS.
29 USC 3227.
(a) NATIVE AMERICAN PROGRAMS.—There are authorized to be
appropriated to carry out section 166 (not including subsection
(k) of such section)—
(1) $46,082,000 for fiscal year 2015;
(2) $49,641,000 for fiscal year 2016;
(3) $50,671,000 for fiscal year 2017;
(4) $51,795,000 for fiscal year 2018;
(5) $53,013,000 for fiscal year 2019; and
(6) $54,137,000 for fiscal year 2020.
(b) MIGRANT AND SEASONAL FARMWORKER PROGRAMS.—There
are authorized to be appropriated to carry out section 167—
(1) $81,896,000 for fiscal year 2015;
(2) $88,222,000 for fiscal year 2016;
(3) $90,052,000 for fiscal year 2017;
(4) $92,050,000 for fiscal year 2018;
(5) $94,214,000 for fiscal year 2019; and
(6) $96,211,000 for fiscal year 2020.
(c) TECHNICAL ASSISTANCE.—There are authorized to be appropriated to carry out section 168—
(1) $3,000,000 for fiscal year 2015;
(2) $3,232,000 for fiscal year 2016;
(3) $3,299,000 for fiscal year 2017;
(4) $3,372,000 for fiscal year 2018;
(5) $3,451,000 for fiscal year 2019; and
(6) $3,524,000 for fiscal year 2020.
(d) EVALUATIONS AND RESEARCH.—There are authorized to be
appropriated to carry out section 169—
(1) $91,000,000 for fiscal year 2015;
(2) $98,029,000 for fiscal year 2016;
(3) $100,063,000 for fiscal year 2017;
(4) $102,282,000 for fiscal year 2018;
(5) $104,687,000 for fiscal year 2019; and
(6) $106,906,000 for fiscal year 2020.
(e) ASSISTANCE FOR VETERANS.—If, as of the date of enactment
of this Act, any unobligated funds appropriated to carry out section
168 of the Workforce Investment Act of 1998, as in effect on the
day before the date of enactment of this Act, remain available,
the Secretary of Labor shall continue to use such funds to carry
out such section, as in effect on such day, until all of such funds
are expended.
(f) ASSISTANCE FOR ELIGIBLE WORKERS.—If, as of the date
of enactment of this Act, any unobligated funds appropriated to
carry out subsections (f) and (g) of section 173 of the Workforce
Investment Act of 1998, as in effect on the day before the date
of enactment of this Act, remain available, the Secretary of Labor
shall continue to use such funds to carry out such subsections,
as in effect on such day, until all of such funds are expended.
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PUBLIC LAW 113–128—JULY 22, 2014
Subtitle E—Administration
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29 USC 3241.
SEC. 181. REQUIREMENTS AND RESTRICTIONS.
(a) BENEFITS.—
(1) WAGES.—
(A) IN GENERAL.—Individuals in on-the-job training or
individuals employed in activities under this title shall
be compensated at the same rates, including periodic
increases, as trainees or employees who are similarly situated in similar occupations by the same employer and
who have similar training, experience, and skills, and such
rates shall be in accordance with applicable law, but in
no event less than the higher of the rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law.
(B) RULE OF CONSTRUCTION.—The reference in
subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall not be applicable
for individuals in territorial jurisdictions in which section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) does not apply.
(2) TREATMENT OF ALLOWANCES, EARNINGS, AND PAYMENTS.—Allowances, earnings, and payments to individuals
participating in programs under this title shall not be considered as income for the purposes of determining eligibility for
and the amount of income transfer and in-kind aid furnished
under any Federal or federally assisted program based on need,
other than as provided under the Social Security Act (42 U.S.C.
301 et seq.).
(b) LABOR STANDARDS.—
(1) LIMITATIONS ON ACTIVITIES THAT IMPACT WAGES OF
EMPLOYEES.—No funds provided under this title shall be used
to pay the wages of incumbent employees during their participation in economic development activities provided through a
statewide workforce development system.
(2) DISPLACEMENT.—
(A) PROHIBITION.—A participant in a program or
activity authorized under this title (referred to in this
section as a ‘‘specified activity’’) shall not displace
(including a partial displacement, such as a reduction in
the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of
the participation).
(B) PROHIBITION ON IMPAIRMENT OF CONTRACTS.—A
specified activity shall not impair an existing contract for
services or collective bargaining agreement, and no such
activity that would be inconsistent with the terms of a
collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and
employer concerned.
(3) OTHER PROHIBITIONS.—A participant in a specified
activity shall not be employed in a job if—
(A) any other individual is on layoff from the same
or any substantially equivalent job;
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(B) the employer has terminated the employment of
any regular employee or otherwise reduced the workforce
of the employer with the intention of filling the vacancy
so created with the participant; or
(C) the job is created in a promotional line that will
infringe in any way upon the promotional opportunities
of currently employed individuals (as of the date of the
participation).
(4) HEALTH AND SAFETY.—Health and safety standards
established under Federal and State law otherwise applicable
to working conditions of employees shall be equally applicable
to working conditions of participants engaged in specified activities. To the extent that a State workers’ compensation law
applies, workers’ compensation shall be provided to participants
on the same basis as the compensation is provided to other
individuals in the State in similar employment.
(5) EMPLOYMENT CONDITIONS.—Individuals in on-the-job
training or individuals employed in programs and activities
under this title shall be provided benefits and working conditions at the same level and to the same extent as other trainees
or employees working a similar length of time and doing the
same type of work.
(6) OPPORTUNITY TO SUBMIT COMMENTS.—Interested members of the public, including representatives of businesses and
of labor organizations, shall be provided an opportunity to
submit comments to the Secretary with respect to programs
and activities proposed to be funded under subtitle B.
(7) NO IMPACT ON UNION ORGANIZING.—Each recipient of
funds under this title shall provide to the Secretary assurances
that none of such funds will be used to assist, promote, or
deter union organizing.
(c) GRIEVANCE PROCEDURE.—
(1) IN GENERAL.—Each State and local area receiving an
allotment or allocation under this title shall establish and maintain a procedure for grievances or complaints alleging violations
of the requirements of this title from participants and other
interested or affected parties. Such procedure shall include
an opportunity for a hearing and be completed within 60 days
after the filing of the grievance or complaint.
(2) INVESTIGATION.—
(A) IN GENERAL.—The Secretary shall investigate an
allegation of a violation described in paragraph (1) if—
(i) a decision relating to such violation has not
been reached within 60 days after the date of the
filing of the grievance or complaint and either party
appeals to the Secretary; or
(ii) a decision relating to such violation has been
reached within such 60 days and the party to which
such decision is adverse appeals such decision to the
Secretary.
(B) ADDITIONAL REQUIREMENT.—The Secretary shall
make a final determination relating to an appeal made
under subparagraph (A) no later than 120 days after
receiving such appeal.
(3) REMEDIES.—Remedies that may be imposed under this
section for a violation of any requirement of this title shall
be limited—
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Hearings.
Deadline.
Time periods.
Determination.
PUBL128
128 STAT. 1588
Deadline.
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PUBLIC LAW 113–128—JULY 22, 2014
(A) to suspension or termination of payments under
this title;
(B) to prohibition of placement of a participant with
an employer that has violated any requirement under this
title;
(C) where applicable, to reinstatement of an employee,
payment of lost wages and benefits, and reestablishment
of other relevant terms, conditions, and privileges of
employment; and
(D) where appropriate, to other equitable relief.
(4) RULE OF CONSTRUCTION.—Nothing in paragraph (3)
shall be construed to prohibit a grievant or complainant from
pursuing a remedy authorized under another Federal, State,
or local law for a violation of this title.
(d) RELOCATION.—
(1) PROHIBITION ON USE OF FUNDS TO ENCOURAGE OR
INDUCE RELOCATION.—No funds provided under this title shall
be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation
would result in a loss of employment for any employee of
such business at the original location and such original location
is within the United States.
(2) PROHIBITION ON USE OF FUNDS AFTER RELOCATION.—
No funds provided under this title for an employment or
training activity shall be used for customized or skill training,
on-the-job training, incumbent worker training, transitional
employment, or company-specific assessments of job applicants
or employees, for any business or part of a business that has
relocated, until the date that is 120 days after the date on
which such business commences operations at the new location,
if the relocation of such business or part of a business results
in a loss of employment for any employee of such business
at the original location and such original location is within
the United States.
(3) REPAYMENT.—If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall
require the State that has violated such paragraph (or that
has provided funding to an entity that has violated such paragraph) to repay to the United States an amount equal to
the amount expended in violation of such paragraph.
(e) LIMITATION ON USE OF FUNDS.—No funds available to carry
out an activity under this title shall be used for employment generating activities, investment in revolving loan funds, capitalization
of businesses, investment in contract bidding resource centers, economic development activities, or similar activities, that are not
directly related to training for eligible individuals under this title.
No funds received to carry out an activity under subtitle B shall
be used for foreign travel.
(f) TESTING AND SANCTIONING FOR USE OF CONTROLLED SUBSTANCES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, a State shall not be prohibited by the Federal Government
from—
(A) testing participants in programs under subtitle B
for the use of controlled substances; and
(B) sanctioning such participants who test positive for
the use of such controlled substances.
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1589
(2) ADDITIONAL REQUIREMENTS.—
(A) PERIOD OF SANCTION.—In sanctioning participants
in a program under subtitle B who test positive for the
use of controlled substances—
(i) with respect to the first occurrence for which
a participant tests positive, a State may exclude the
participant from the program for a period not to exceed
6 months; and
(ii) with respect to the second occurrence and each
subsequent occurrence for which a participant tests
positive, a State may exclude the participant from
the program for a period not to exceed 2 years.
(B) APPEAL.—The testing of participants and the
imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process
procedures established by the State.
(C) PRIVACY.—A State shall establish procedures for
testing participants for the use of controlled substances
that ensure a maximum degree of privacy for the participants.
(3) FUNDING REQUIREMENT.—In testing and sanctioning of
participants for the use of controlled substances in accordance
with this subsection, the only Federal funds that a State may
use are the amounts made available for the administration
of statewide workforce investment activities under section
134(a)(3)(B).
(g) SUBGRANT AUTHORITY.—A recipient of grant funds under
this title shall have the authority to enter into subgrants in order
to carry out the grant, subject to such conditions as the Secretary
may establish.
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SEC. 182. PROMPT ALLOCATION OF FUNDS.
(a) ALLOTMENTS BASED ON LATEST AVAILABLE DATA.—All allotments to States and grants to outlying areas under this title shall
be based on the latest available data and estimates satisfactory
to the Secretary. All data relating to disadvantaged adults and
disadvantaged youth shall be based on the most recent satisfactory
data from the Bureau of the Census.
(b) PUBLICATION IN FEDERAL REGISTER RELATING TO FORMULA
FUNDS.—Whenever the Secretary allots funds required to be allotted
under this title, the Secretary shall publish in a timely fashion
in the Federal Register the amount proposed to be distributed
to each recipient of the funds.
(c) REQUIREMENT FOR FUNDS DISTRIBUTED BY FORMULA.—All
funds required to be allotted under section 127 or 132 shall be
allotted within 45 days after the date of enactment of the Act
appropriating the funds, except that, if such funds are appropriated
in advance as authorized by section 189(g), such funds shall be
allotted or allocated not later than the March 31 preceding the
program year for which such funds are to be available for obligation.
(d) PUBLICATION IN FEDERAL REGISTER RELATING TO DISCRETIONARY FUNDS.—Whenever the Secretary utilizes a formula to
allot or allocate funds made available for distribution at the Secretary’s discretion under this title, the Secretary shall, not later
than 30 days prior to such allotment or allocation, publish for
comment in the Federal Register the formula, the rationale for
the formula, and the proposed amounts to be distributed to each
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Procedures.
Grants.
29 USC 3242.
Deadlines.
Deadline.
PUBL128
128 STAT. 1590
Deadlines.
29 USC 3243.
Applicability.
29 USC 3244.
State and local area. After consideration of any comments received,
the Secretary shall publish final allotments and allocations in the
Federal Register.
(e) AVAILABILITY OF FUNDS.—Funds shall be made available
under section 128, and funds shall be made available under section
133, for a local area not later than 30 days after the date the
funds are made available to the Governor involved, under section
127 or 132 (as the case may be), or 7 days after the date the
local plan for the area is approved, whichever is later.
SEC. 183. MONITORING.
(a) IN GENERAL.—The Secretary is authorized to monitor all
recipients of financial assistance under this title to determine
whether the recipients are complying with the provisions of this
title, including the regulations issued under this title.
(b) INVESTIGATIONS.—The Secretary may investigate any matter
the Secretary determines to be necessary to determine the compliance of the recipients with this title, including the regulations
issued under this title. The investigations authorized by this subsection may include examining records (including making certified
copies of the records), questioning employees, and entering any
premises or onto any site in which any part of a program or
activity of such a recipient is conducted or in which any of the
records of the recipient are kept.
(c) ADDITIONAL REQUIREMENT.—For the purpose of any investigation or hearing conducted under this title by the Secretary,
the provisions of section 9 of the Federal Trade Commission Act
(15 U.S.C. 49) (relating to the attendance of witnesses and the
production of documents) apply to the Secretary, in the same
manner and to the same extent as the provisions apply to the
Federal Trade Commission.
SEC. 184. FISCAL CONTROLS; SANCTIONS.
(a) ESTABLISHMENT OF FISCAL CONTROLS BY STATES.—
(1) IN GENERAL.—Each State shall establish such fiscal
control and fund accounting procedures as may be necessary
to assure the proper disbursal of, and accounting for, Federal
funds allocated to local areas under subtitle B. Such procedures
shall ensure that all financial transactions carried out under
subtitle B are conducted and records maintained in accordance
with generally accepted accounting principles applicable in each
State.
(2) COST PRINCIPLES.—
(A) IN GENERAL.—Each State (including the Governor
of the State), local area (including the chief elected official
for the area), and provider receiving funds under this title
shall comply with the applicable uniform cost principles
included in appropriate circulars or rules of the Office
of Management and Budget for the type of entity receiving
the funds.
(B) EXCEPTION.—The funds made available to a State
for administration of statewide workforce investment activities in accordance with section 134(a)(3)(B) shall be allocable to the overall administration of workforce investment
activities, but need not be specifically allocable to—
(i) the administration of adult employment and
training activities;
Procedures.
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1591
(ii) the administration of dislocated worker employment and training activities; or
(iii) the administration of youth workforce investment activities.
(3) UNIFORM ADMINISTRATIVE REQUIREMENTS.—
(A) IN GENERAL.—Each State (including the Governor
of the State), local area (including the chief elected official
for the area), and provider receiving funds under this title
shall comply with the appropriate uniform administrative
requirements for grants and agreements applicable for the
type of entity receiving the funds, as promulgated in circulars or rules of the Office of Management and Budget.
(B) ADDITIONAL REQUIREMENT.—Procurement transactions under this title between local boards and units
of State or local governments shall be conducted only on
a cost-reimbursable basis.
(4) MONITORING.—Each Governor of a State shall conduct
on an annual basis onsite monitoring of each local area within
the State to ensure compliance with the uniform administrative
requirements referred to in paragraph (3).
(5) ACTION BY GOVERNOR.—If the Governor determines that
a local area is not in compliance with the uniform administrative requirements referred to in paragraph (3), the Governor
shall—
(A) require corrective action to secure prompt compliance with the requirements; and
(B) impose the sanctions provided under subsection
(b) in the event of failure to take the required corrective
action.
(6) CERTIFICATION.—The Governor shall, every 2 years,
certify to the Secretary that—
(A) the State has implemented the uniform administrative requirements referred to in paragraph (3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements
as required under paragraph (4); and
(C) the State has taken appropriate action to secure
compliance with the requirements pursuant to paragraph
(5).
(7) ACTION BY THE SECRETARY.—If the Secretary determines
that the Governor has not fulfilled the requirements of this
subsection, the Secretary shall—
(A) require corrective action to secure prompt compliance with the requirements of this subsection; and
(B) impose the sanctions provided under subsection
(e) in the event of failure of the Governor to take the
required appropriate action to secure compliance with the
requirements.
(b) SUBSTANTIAL VIOLATION.—
(1) ACTION BY GOVERNOR.—If, as a result of financial and
compliance audits or otherwise, the Governor determines that
there is a substantial violation of a specific provision of this
title, and corrective action has not been taken, the Governor
shall—
(A) issue a notice of intent to revoke approval of all
or part of the local plan affected; or
(B) impose a reorganization plan, which may include—
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Contracts.
Determination.
Deadline.
Determination.
Determination.
Notice.
Reorganization
plan.
PUBL128
128 STAT. 1592
Effective date.
Deadline.
Determination.
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(i) decertifying the local board involved;
(ii) prohibiting the use of eligible providers;
(iii) selecting an alternative entity to administer
the program for the local area involved;
(iv) merging the local area into one or more other
local areas; or
(v) making such other changes as the Secretary
or Governor determines to be necessary to secure
compliance with the provision.
(2) APPEAL.—
(A) IN GENERAL.—The actions taken by the Governor
pursuant to subparagraphs (A) and (B) of paragraph (1)
may be appealed to the Secretary and shall not become
effective until—
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) ADDITIONAL REQUIREMENT.—The Secretary shall
make a final decision under subparagraph (A) not later
than 45 days after the receipt of the appeal.
(3) ACTION BY THE SECRETARY.—If the Governor fails to
take promptly an action required under paragraph (1), the
Secretary shall take such action.
(c) REPAYMENT OF CERTAIN AMOUNTS TO THE UNITED STATES.—
(1) IN GENERAL.—Every recipient of funds under this title
shall repay to the United States amounts found not to have
been expended in accordance with this title.
(2) OFFSET OF REPAYMENT AMOUNT.—If the Secretary determines that a State has expended funds received under this
title in a manner contrary to the requirements of this title,
the Secretary may require repayment by offsetting the amount
of such expenditures against any other amount to which the
State is or may be entitled under this title, except as provided
under subsection (d)(1).
(3) REPAYMENT FROM DEDUCTION BY STATE.—If the Secretary requires a State to repay funds as a result of a determination that a local area of the State has expended funds
in a manner contrary to the requirements of this title, the
Governor of the State may use an amount deducted under
paragraph (4) to repay the funds, except as provided under
subsection (e).
(4) DEDUCTION BY STATE.—The Governor may deduct an
amount equal to the misexpenditure described in paragraph
(3) from subsequent program year (subsequent to the program
year for which the determination was made) allocations to
the local area from funds reserved for the administrative costs
of the local programs involved, as appropriate.
(5) LIMITATIONS.—A deduction made by a State as described
in paragraph (4) shall not be made until such time as the
Governor has taken appropriate corrective action to ensure
full compliance with this title within such local area with
regard to appropriate expenditures of funds under this title.
(d) REPAYMENT OF AMOUNTS.—
(1) IN GENERAL.—Each recipient of funds under this title
shall be liable to repay the amounts described in subsection
(c)(1), from funds other than funds received under this title,
upon a determination by the Secretary that the misexpenditure
of the amounts was due to willful disregard of the requirements
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128 STAT. 1593
of this title, gross negligence, failure to observe accepted standards of administration, or a pattern of misexpenditure described
in subsection (c)(1). No such determination shall be made under
this subsection or subsection (c) until notice and opportunity
for a fair hearing have been given to the recipient.
(2) FACTORS IN IMPOSING SANCTIONS.—In determining
whether to impose any sanction authorized by this section
against a recipient of funds under this title for violations of
this title (including applicable regulations) by a subgrantee
or contractor of such recipient, the Secretary shall first determine whether such recipient has adequately demonstrated that
the recipient has—
(A) established and adhered to an appropriate system,
for entering into and monitoring subgrant agreements and
contracts with subgrantees and contractors, that contains
acceptable standards for ensuring accountability;
(B) entered into a written subgrant agreement or contract with such a subgrantee or contractor that established
clear goals and obligations in unambiguous terms;
(C) acted with due diligence to monitor the
implementation of the subgrant agreement or contract,
including carrying out the appropriate monitoring activities
(including audits) at reasonable intervals; and
(D) taken prompt and appropriate corrective action
upon becoming aware of any evidence of a violation of
this title, including regulations issued under this title, by
such subgrantee or contractor.
(3) WAIVER.—If the Secretary determines that the recipient
has demonstrated substantial compliance with the requirements of paragraph (2), the Secretary may waive the imposition
of sanctions authorized by this section upon such recipient.
The Secretary is authorized to impose any sanction consistent
with the provisions of this title and with any applicable Federal
or State law directly against any subgrantee or contractor
for violation of this title, including regulations issued under
this title.
(e) IMMEDIATE TERMINATION OR SUSPENSION OF ASSISTANCE
IN EMERGENCY SITUATIONS.—In emergency situations, if the Secretary determines it is necessary to protect the integrity of the
funds or ensure the proper operation of the program or activity
involved, the Secretary may immediately terminate or suspend
financial assistance, in whole or in part, to the recipient if the
recipient is given prompt notice and the opportunity for a subsequent hearing within 30 days after such termination or suspension.
The Secretary shall not delegate any of the functions or authority
specified in this subsection, other than to an officer whose appointment is required to be made by and with the advice and consent
of the Senate.
(f) DISCRIMINATION AGAINST PARTICIPANTS.—If the Secretary
determines that any recipient under this title has discharged or
in any other manner discriminated against a participant or against
any individual in connection with the administration of the program
involved, or against any individual because such individual has
filed any complaint or instituted or caused to be instituted any
proceeding under or related to this title, or has testified or is
about to testify in any such proceeding or an investigation under
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Contracts.
Determination.
Determination.
Notice.
Deadline.
Determination.
Deadline.
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PUBLIC LAW 113–128—JULY 22, 2014
or related to this title, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the
provisions of this title, including regulations issued under this
title, the Secretary shall, within 30 days, take such action or order
such corrective measures, as necessary, with respect to the recipient
or the aggrieved individual, or both.
(g) REMEDIES.—The remedies described in this section shall
not be considered to be the exclusive remedies available for violations described in this section.
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29 USC 3245.
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.
(a) RECIPIENT RECORDKEEPING AND REPORTS.—
(1) IN GENERAL.—Recipients of funds under this title shall
keep records that are sufficient to permit the preparation of
reports required by this title and to permit the tracing of
funds to a level of expenditure adequate to ensure that the
funds have not been spent unlawfully.
(2) RECORDS AND REPORTS REGARDING GENERAL PERFORMANCE.—Every such recipient shall maintain such records and
submit such reports, in such form and containing such information, as the Secretary may require regarding the performance
of programs and activities carried out under this title. Such
records and reports shall be submitted to the Secretary but
shall not be required to be submitted more than once each
quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate regarding such
information may be provided.
(3) MAINTENANCE OF STANDARDIZED RECORDS.—In order
to allow for the preparation of the reports required under
subsection (c), such recipients shall maintain standardized
records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an
adequate analysis of the records.
(4) AVAILABILITY TO THE PUBLIC.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), records maintained by such recipients pursuant to
this subsection shall be made available to the public upon
request.
(B) EXCEPTION.—Subparagraph (A) shall not apply to—
(i) information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and
(ii) trade secrets, or commercial or financial
information, that is—
(I) obtained from a person; and
(II) privileged or confidential.
(C) FEES TO RECOVER COSTS.—Such recipients may
charge fees sufficient to recover costs applicable to the
processing of requests for records under subparagraph (A).
(b) INVESTIGATIONS OF USE OF FUNDS.—
(1) IN GENERAL.—
(A) SECRETARY.—In order to evaluate compliance with
the provisions of this title, the Secretary shall conduct,
in several States, in each fiscal year, investigations of
the use of funds received by recipients under this title.
(B) COMPTROLLER GENERAL OF THE UNITED STATES.—
In order to ensure compliance with the provisions of this
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1595
title, the Comptroller General of the United States may
conduct investigations of the use of funds received under
this title by any recipient.
(2) PROHIBITION.—In conducting any investigation under
this title, the Secretary or the Comptroller General of the
United States may not request the compilation of any information that the recipient is not otherwise required to compile
and that is not readily available to such recipient.
(3) AUDITS.—
(A) IN GENERAL.—In carrying out any audit under this
title (other than any initial audit survey or any audit
investigating possible criminal or fraudulent conduct),
either directly or through grant or contract, the Secretary,
the Inspector General of the Department of Labor, or the
Comptroller General of the United States shall furnish
to the State, recipient, or other entity to be audited,
advance notification of the overall objectives and purposes
of the audit, and any extensive recordkeeping or data
requirements to be met, not later than 14 days (or as
soon as practicable) prior to the commencement of the
audit.
(B) NOTIFICATION REQUIREMENT.—If the scope, objectives, or purposes of the audit change substantially during
the course of the audit, the entity being audited shall
be notified of the change as soon as practicable.
(C) ADDITIONAL REQUIREMENT.—The reports on the
results of such audits shall cite the law, regulation, policy,
or other criteria applicable to any finding contained in
the reports.
(D) RULE OF CONSTRUCTION.—Nothing contained in
this title shall be construed so as to be inconsistent with
the Inspector General Act of 1978 (5 U.S.C. App.) or government auditing standards issued by the Comptroller General
of the United States.
(c) GRANTEE INFORMATION RESPONSIBILITIES.—Each State, each
local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this
title—
(1) shall make readily accessible such reports concerning
its operations and expenditures as shall be prescribed by the
Secretary;
(2) shall prescribe and maintain comparable management
information systems, in accordance with guidelines that shall
be prescribed by the Secretary, designed to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide, local
area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to
comply with section 188;
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title; and
(4) shall, to the extent practicable, submit or make available (including through electronic means) any reports, records,
plans, or any other data that are required to be submitted
or made available, respectively, under this title.
(d) INFORMATION TO BE INCLUDED IN REPORTS.—
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Contracts.
Guidelines.
PUBL128
128 STAT. 1596
PUBLIC LAW 113–128—JULY 22, 2014
(1) IN GENERAL.—The reports required in subsection (c)
shall include information regarding programs and activities
carried out under this title pertaining to—
(A) the relevant demographic characteristics (including
race, ethnicity, sex, and age) and other related information
regarding participants;
(B) the programs and activities in which participants
are enrolled, and the length of time that participants are
engaged in such programs and activities;
(C) outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment;
(D) specified costs of the programs and activities; and
(E) information necessary to prepare reports to comply
with section 188.
(2) ADDITIONAL REQUIREMENT.—The Secretary shall ensure
that all elements of the information required for the reports
described in paragraph (1) are defined and that the information
is reported uniformly.
(e) QUARTERLY FINANCIAL REPORTS.—
(1) IN GENERAL.—Each local board in a State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such
reports shall include information identifying all program and
activity costs by cost category in accordance with generally
accepted accounting principles and by year of the appropriation
involved.
(2) ADDITIONAL REQUIREMENT.—Each State shall submit
to the Secretary, and the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives, on a quarterly basis, a summary
of the reports submitted to the Governor pursuant to paragraph
(1).
(f) MAINTENANCE OF ADDITIONAL RECORDS.—Each State and
local board shall maintain records with respect to programs and
activities carried out under this title that identify—
(1) any income or profits earned, including such income
or profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) COST CATEGORIES.—In requiring entities to maintain records
of costs by cost category under this title, the Secretary shall require
only that the costs be categorized as administrative or programmatic
costs.
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29 USC 3246.
Deadlines.
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SEC. 186. ADMINISTRATIVE ADJUDICATION.
(a) IN GENERAL.—Whenever any applicant for financial assistance under this title is dissatisfied because the Secretary has made
a determination not to award financial assistance in whole or in
part to such applicant, the applicant may request a hearing before
an administrative law judge of the Department of Labor. A similar
hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed
by the Secretary under section 184.
(b) APPEAL.—The decision of the administrative law judge shall
constitute final action by the Secretary unless, within 20 days
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128 STAT. 1597
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after receipt of the decision of the administrative law judge, a
party dissatisfied with the decision or any part of the decision
has filed exceptions with the Secretary specifically identifying the
procedure, fact, law, or policy to which exception is taken. Any
exception not specifically urged during the 20-day period shall be
deemed to have been waived. After the 20-day period the decision
of the administrative law judge shall become the final decision
of the Secretary unless the Secretary, within 30 days after such
filing, notifies the parties that the case involved has been accepted
for review.
(c) TIME LIMIT.—Any case accepted for review by the Secretary
under subsection (b) shall be decided within 180 days after such
acceptance. If the case is not decided within the 180-day period,
the decision of the administrative law judge shall become the final
decision of the Secretary at the end of the 180-day period.
(d) ADDITIONAL REQUIREMENT.—The provisions of section 187
shall apply to any final action of the Secretary under this section.
Notification.
Applicability.
SEC. 187. JUDICIAL REVIEW.
29 USC 3247.
(a) REVIEW.—
(1) PETITION.—With respect to any final order by the Secretary under section 186 by which the Secretary awards,
declines to award, or only conditionally awards, financial assistance under this title, or any final order of the Secretary under
section 186 with respect to a corrective action or sanction
imposed under section 184, any party to a proceeding that
resulted in such final order may obtain review of such final
order in the United States Court of Appeals having jurisdiction
over the applicant for or recipient of the funds involved, by
filing a review petition within 30 days after the date of issuance
of such final order.
(2) ACTION ON PETITION.—The clerk of the court shall
transmit a copy of the review petition to the Secretary, who
shall file the record on which the final order was entered
as provided in section 2112 of title 28, United States Code.
The filing of a review petition shall not stay the order of
the Secretary, unless the court orders a stay. Petitions filed
under this subsection shall be heard expeditiously, if possible
within 10 days after the date of filing of a reply to the petition.
(3) STANDARD AND SCOPE OF REVIEW.—No objection to the
order of the Secretary shall be considered by the court unless
the objection was specifically urged, in a timely manner, before
the Secretary. The review shall be limited to questions of law
and the findings of fact of the Secretary shall be conclusive
if supported by substantial evidence.
(b) JUDGMENT.—The court shall have jurisdiction to make and
enter a decree affirming, modifying, or setting aside the order
of the Secretary in whole or in part. The judgment of the court
regarding the order shall be final, subject to certiorari review by
the Supreme Court as provided in section 1254(1) of title 28, United
States Code.
Deadlines.
SEC. 188. NONDISCRIMINATION.
29 USC 3248.
Records.
(a) IN GENERAL.—
(1) FEDERAL FINANCIAL ASSISTANCE.—For the purpose of
applying the prohibitions against discrimination on the basis
of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), on the basis of disability under section 504
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Notification.
Compliance.
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Time period.
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of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis
of sex under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), or on the basis of race, color, or
national origin under title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), programs and activities funded or
otherwise financially assisted in whole or in part under this
Act are considered to be programs and activities receiving Federal financial assistance.
(2) PROHIBITION OF DISCRIMINATION REGARDING PARTICIPATION, BENEFITS, AND EMPLOYMENT.—No individual shall be
excluded from participation in, denied the benefits of, subjected
to discrimination under, or denied employment in the administration of or in connection with, any such program or activity
because of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972),
national origin, age, disability, or political affiliation or belief.
(3) PROHIBITION ON ASSISTANCE FOR FACILITIES FOR SECTARIAN INSTRUCTION OR RELIGIOUS WORSHIP.—Participants shall
not be employed under this title to carry out the construction,
operation, or maintenance of any part of any facility that is
used or to be used for sectarian instruction or as a place
for religious worship (except with respect to the maintenance
of a facility that is not primarily or inherently devoted to
sectarian instruction or religious worship, in a case in which
the organization operating the facility is part of a program
or activity providing services to participants).
(4) PROHIBITION ON DISCRIMINATION ON BASIS OF PARTICIPANT STATUS.—No person may discriminate against an individual who is a participant in a program or activity that
receives funds under this title, with respect to the terms and
conditions affecting, or rights provided to, the individual, solely
because of the status of the individual as a participant.
(5) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN NONCITIZENS.—Participation in programs and activities or receiving
funds under this title shall be available to citizens and nationals
of the United States, lawfully admitted permanent resident
aliens, refugees, asylees, and parolees, and other immigrants
authorized by the Attorney General to work in the United
States.
(b) ACTION OF SECRETARY.—Whenever the Secretary finds that
a State or other recipient of funds under this title has failed
to comply with a provision of law referred to in subsection (a)(1),
or with paragraph (2), (3), (4), or (5) of subsection (a), including
an applicable regulation prescribed to carry out such provision
or paragraph, the Secretary shall notify such State or recipient
and shall request that the State or recipient comply. If within
a reasonable period of time, not to exceed 60 days, the State
or recipient fails or refuses to comply, the Secretary may—
(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
or
(2) take such other action as may be provided by law.
(c) ACTION OF ATTORNEY GENERAL.—When a matter is referred
to the Attorney General pursuant to subsection (b)(1), or whenever
the Attorney General has reason to believe that a State or other
recipient of funds under this title is engaged in a pattern or practice
of discrimination in violation of a provision of law referred to
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128 STAT. 1599
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in subsection (a)(1) or in violation of paragraph (2), (3), (4), or
(5) of subsection (a), the Attorney General may bring a civil action
in any appropriate district court of the United States for such
relief as may be appropriate, including injunctive relief.
(d) JOB CORPS.—For the purposes of this section, Job Corps
members shall be considered to be the ultimate beneficiaries of
Federal financial assistance.
(e) REGULATIONS.—The Secretary shall issue regulations necessary to implement this section not later than 1 year after the
date of enactment of the Workforce Innovation and Opportunity
Act. Such regulations shall adopt standards for determining
discrimination and procedures for enforcement that are consistent
with the Acts referred to in subsection (a)(1), as well as procedures
to ensure that complaints filed under this section and such Acts
are processed in a manner that avoids duplication of effort.
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Deadline.
Procedures.
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPONSIBILITIES.
29 USC 3249.
(a) IN GENERAL.—In accordance with chapter 5 of title 5, United
States Code, the Secretary may prescribe rules and regulations
to carry out this title, only to the extent necessary to administer
and ensure compliance with the requirements of this title. Such
rules and regulations may include provisions making adjustments
authorized by section 6504 of title 31, United States Code. All
such rules and regulations shall be published in the Federal Register at least 30 days prior to their effective dates. Copies of each
such rule or regulation shall be transmitted to the appropriate
committees of Congress on the date of such publication and shall
contain, with respect to each material provision of such rule or
regulation, a citation to the particular substantive section of law
that is the basis for the provision.
(b) ACQUISITION OF CERTAIN PROPERTY AND SERVICES.—The
Secretary is authorized, in carrying out this title, to accept, purchase, or lease in the name of the Department of Labor, and
employ or dispose of in furtherance of the purposes of this title,
any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept
voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code.
(c) AUTHORITY TO ENTER INTO CERTAIN AGREEMENTS AND TO
MAKE CERTAIN EXPENDITURES.—The Secretary may make such
grants, enter into such contracts or agreements, establish such
procedures, and make such payments, in installments and in
advance or by way of reimbursement, or otherwise allocate or
expend such funds under this title, as may be necessary to carry
out this title, including making expenditures for construction,
repairs, and capital improvements, and including making necessary
adjustments in payments on account of over-payments or underpayments.
(d) ANNUAL REPORT.—The Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate an annual report regarding the programs and activities funded under this title. The Secretary shall
include in such report—
Federal Register,
publication.
Time period.
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128 STAT. 1600
Applicability.
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Effective dates.
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PUBLIC LAW 113–128—JULY 22, 2014
(1) a summary of the achievements, failures, and challenges
of the programs and activities in meeting the objectives of
this title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in
the fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or administrative action as the Secretary determines to be appropriate.
(e) UTILIZATION OF SERVICES AND FACILITIES.—The Secretary
is authorized, in carrying out this title, under the same procedures
as are applicable under subsection (c) or to the extent permitted
by law other than this title, to accept and use the services and
facilities of departments, agencies, and establishments of the United
States. The Secretary is also authorized, in carrying out this title,
to accept and use the services and facilities of the agencies of
any State or political subdivision of a State, with the consent
of the State or political subdivision.
(f) OBLIGATIONAL AUTHORITY.—Notwithstanding any other
provision of this title, the Secretary shall have no authority to
enter into contracts, grant agreements, or other financial assistance
agreements under this title, except to such extent and in such
amounts as are provided in advance in appropriations Acts.
(g) PROGRAM YEAR.—
(1) IN GENERAL.—
(A) PROGRAM YEAR.—Except as provided in subparagraph (B), appropriations for any fiscal year for programs
and activities funded under this title shall be available
for obligation only on the basis of a program year. The
program year shall begin on July 1 in the fiscal year
for which the appropriation is made.
(B) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—The
Secretary may make available for obligation, beginning
April 1 of any fiscal year, funds appropriated for such
fiscal year to carry out youth workforce investment activities under subtitle B and activities under section 171.
(2) AVAILABILITY.—
(A) IN GENERAL.—Funds obligated for any program
year for a program or activity funded under subtitle B
may be expended by each State receiving such funds during
that program year and the 2 succeeding program years.
Funds received by local areas from States under subtitle
B during a program year may be expended during that
program year and the succeeding program year.
(B) CERTAIN NATIONAL ACTIVITIES.—
(i) IN GENERAL.—Funds obligated for any program
year for any program or activity carried out under
section 169 shall remain available until expended.
(ii) INCREMENTAL FUNDING BASIS.—A contract or
arrangement entered into under the authority of subsection (a) or (b) of section 169 (relating to evaluations,
research projects, studies and reports, and multistate
projects), including a long-term, nonseverable services
contract, may be funded on an incremental basis with
annual appropriations or other available funds.
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1601
(C) SPECIAL RULE.—No amount of the funds obligated
for a program year for a program or activity funded under
this title shall be deobligated on account of a rate of
expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described
in subtitle D, as appropriate.
(D) FUNDS FOR PAY-FOR-PERFORMANCE CONTRACT
STRATEGIES.—Funds used to carry out pay-for-performance
contract strategies by local areas shall remain available
until expended.
(h) ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT.—The
Secretary shall ensure that each individual participating in any
program or activity established under this title, or receiving any
assistance or benefit under this title, has not violated section 3
of the Military Selective Service Act (50 U.S.C. App. 453) by not
presenting and submitting to registration as required pursuant
to such section. The Director of the Selective Service System shall
cooperate with the Secretary to enable the Secretary to carry out
this subsection.
(i) WAIVERS.—
(1) SPECIAL RULE REGARDING DESIGNATED AREAS.—A State
that has enacted, not later than December 31, 1997, a State
law providing for the designation of service delivery areas for
the delivery of workforce investment activities, may use such
areas as local areas under this title, notwithstanding section
106.
(2) SPECIAL RULE REGARDING SANCTIONS.—A State that has
enacted, not later than December 31, 1997, a State law providing for the sanctioning of such service delivery areas for
failure to meet performance accountability measures for
workforce investment activities, may use the State law to sanction local areas for failure to meet State performance accountability measures under this title.
(3) GENERAL WAIVERS OF STATUTORY OR REGULATORY
REQUIREMENTS.—
(A) GENERAL AUTHORITY.—Notwithstanding any other
provision of law, the Secretary may waive for a State,
or a local area in a State, pursuant to a request submitted
by the Governor of the State (in consultation with appropriate local elected officials) with a plan that meets the
requirements of subparagraph (B)—
(i) any of the statutory or regulatory requirements
of subtitle A, subtitle B, or this subtitle (except for
requirements relating to wage and labor standards,
including nondisplacement protections, worker rights,
participation and protection of workers and participants, grievance procedures and judicial review, nondiscrimination, allocation of funds to local areas, eligibility of providers or participants, the establishment
and functions of local areas and local boards, the
funding of infrastructure costs for one-stop centers,
and procedures for review and approval of plans, and
other requirements relating to the basic purposes of
this title); and
(ii) any of the statutory or regulatory requirements
of sections 8 through 10 of the Wagner-Peyser Act
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Deadline.
Deadline.
Consultation.
PUBL128
128 STAT. 1602
(29 U.S.C. 49g through 49i) (excluding requirements
relating to the provision of services to unemployment
insurance claimants and veterans, and requirements
relating to universal access to basic labor exchange
services without cost to jobseekers).
(B) REQUESTS.—A Governor requesting a waiver under
subparagraph (A) shall submit a plan to the Secretary
to improve the statewide workforce development system
that—
(i) identifies the statutory or regulatory requirements that are requested to be waived and the goals
that the State or local area in the State, as appropriate,
intends to achieve as a result of the waiver;
(ii) describes the actions that the State or local
area, as appropriate, has undertaken to remove State
or local statutory or regulatory barriers;
(iii) describes the goals of the waiver and the
expected programmatic outcomes if the request is
granted;
(iv) describes the individuals impacted by the
waiver; and
(v) describes the process used to monitor the
progress in implementing such a waiver, and the
process by which notice and, in the case of a waiver
for a local area, an opportunity to comment on such
request has been provided to the local board for the
local area for which the waiver is requested.
(C) CONDITIONS.—Not later than 90 days after the
date of the original submission of a request for a waiver
under subparagraph (A), the Secretary shall provide a
waiver under this subsection if and only to the extent
that—
(i) the Secretary determines that the requirements
requested to be waived impede the ability of the State
or local area, as appropriate, to implement the plan
described in subparagraph (B); and
(ii) the State has executed a memorandum of
understanding with the Secretary requiring such State
to meet, or ensure that the local area for which the
waiver is requested meets, agreed-upon outcomes and
to implement other appropriate measures to ensure
accountability.
(D) EXPEDITED DETERMINATION REGARDING PROVISION
OF WAIVERS.—If the Secretary has approved a waiver of
statutory or regulatory requirements for a State or local
area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that
waiver, for another State or local area if such waiver is
in accordance with the approved State or local plan, as
appropriate.
Plan.
Deadline.
Determination.
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Memorandum.
VerDate Mar 15 2010
PUBLIC LAW 113–128—JULY 22, 2014
29 USC 3250.
SEC. 190. WORKFORCE FLEXIBILITY PLANS.
Waiver authority.
(a) PLANS.—A State may submit to the Secretary, and the
Secretary may approve, a workforce flexibility plan under which
the State is authorized to waive, in accordance with the plan—
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1603
(1) any of the statutory or regulatory requirements
applicable under this title to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this title, wage and
labor standards, grievance procedures and judicial review, nondiscrimination, eligibility of participants, allocation of funds
to local areas, establishment and functions of local areas and
local boards, procedures for review and approval of local plans,
and worker rights, participation, and protection;
(2) any of the statutory or regulatory requirements
applicable under sections 8 through 10 of the Wagner-Peyser
Act (29 U.S.C. 49g through 49i) to the State (excluding requirements relating to the provision of services to unemployment
insurance claimants and veterans, and requirements relating
to universal access to basic labor exchange services without
cost to jobseekers); and
(3) any of the statutory or regulatory requirements
applicable under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.) to State agencies on aging with respect to activities
carried out using funds allotted under section 506(b) of such
Act (42 U.S.C. 3056d(b)), except for requirements relating to
the basic purposes of such Act, wage and labor standards,
eligibility of participants in the activities, and standards for
grant agreements.
(b) CONTENT OF PLANS.—A workforce flexibility plan implemented by a State under subsection (a) shall include descriptions
of—
(1)(A) the process by which local areas in the State may
submit and obtain approval by the State of applications for
waivers of requirements applicable under this title; and
(B) the requirements described in subparagraph (A) that
are likely to be waived by the State under the plan;
(2) the requirements applicable under sections 8 through
10 of the Wagner-Peyser Act that are proposed to be waived,
if any;
(3) the requirements applicable under the Older Americans
Act of 1965 that are proposed to be waived, if any;
(4) the outcomes to be achieved by the waivers described
in paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the waivers.
(c) PERIODS.—The Secretary may approve a workforce flexibility
plan for a period of not more than 5 years.
(d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior to submitting
a workforce flexibility plan to the Secretary for approval, the State
shall provide to all interested parties and to the general public
adequate notice of and a reasonable opportunity for comment on
the waiver requests proposed to be implemented pursuant to such
plan.
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SEC. 191. STATE LEGISLATIVE AUTHORITY.
Notice.
Public
information.
29 USC 3251.
(a) AUTHORITY OF STATE LEGISLATURE.—Nothing in this title
shall be interpreted to preclude the enactment of State legislation
providing for the implementation, consistent with the provisions
of this title, of the activities assisted under this title. Any funds
received by a State under this title shall be subject to appropriation
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128 STAT. 1604
PUBLIC LAW 113–128—JULY 22, 2014
by the State legislature, consistent with the terms and conditions
required under this title.
(b) INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS.—
In the event that compliance with provisions of this title would
be enhanced by compacts and cooperative agreements between
States, the consent of Congress is given to States to enter into
such compacts and agreements to facilitate such compliance, subject
to the approval of the Secretary.
29 USC 3252.
SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT
SECURITY AGENCY REAL PROPERTY TO THE STATES.
(a) TRANSFER OF FEDERAL EQUITY.—Notwithstanding any other
provision of law, any Federal equity acquired in real property
through grants to States awarded under title III of the Social
Security Act (42 U.S.C. 501 et seq.) or under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) is transferred to the States that used
the grants for the acquisition of such equity. The portion of any
real property that is attributable to the Federal equity transferred
under this section shall be used to carry out activities authorized
under this Act, title III of the Social Security Act, or the WagnerPeyser Act. Any disposition of such real property shall be carried
out in accordance with the procedures prescribed by the Secretary
and the portion of the proceeds from the disposition of such real
property that is attributable to the Federal equity transferred under
this section shall be used to carry out activities authorized under
this Act, title III of the Social Security Act, or the Wagner-Peyser
Act.
(b) LIMITATION ON USE.—A State shall not use funds awarded
under this Act, title III of the Social Security Act, or the WagnerPeyser Act to amortize the costs of real property that is purchased
by any State on or after the date of enactment of the Revised
Continuing Appropriations Resolution, 2007.
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29 USC 3253.
SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLICIES.
(a) IN GENERAL.—Notwithstanding any other provision of this
title, the Secretary may not deny approval of a State plan for
a covered State, or an application of a covered State for financial
assistance, under this title, or find a covered State (including a
State board or Governor), or a local area (including a local board
or chief elected official) in a covered State, in violation of a provision
of this title, on the basis that—
(1)(A) the State proposes to allocate or disburse, allocates,
or disburses, within the State, funds made available to the
State under section 127 or 132 in accordance with the allocation
formula for the type of activities involved, or in accordance
with a disbursal procedure or process, used by the State under
prior consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to the
State under section 127 or 132 in accordance with a disbursal
procedure or process used by a private industry council under
prior consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for
funds made available to the State under section 127 or 132
and allocated within the State, fiscal agents selected in accordance with a process established under prior consistent State
laws;
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128 STAT. 1605
(3) the State proposes to carry out or carries out a State
procedure through which the local boards in the State (or
the local boards, the chief elected officials in the State, and
the Governor) designate or select the one-stop partners and
one-stop operators of the statewide system in the State under
prior consistent State laws, in lieu of making the designation
or certification described in section 121 (regardless of the date
the one-stop delivery systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted to
determine that a provider shall not be selected to provide
both intake services under section 134(c)(2) and training services under section 134(c)(3), under prior consistent State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles
of the State board (including determining the time periods
for development and submission of a State plan required under
section 102 or 103), for purposes of subtitle A in accordance
with prior consistent State laws; or
(6) a local board in the State proposes to use or carry
out, uses, or carries out a local plan (including assigning functions and roles of the local board) for purposes of subtitle
A in accordance with the authorities and requirements
applicable to local plans and private industry councils under
prior consistent State laws.
(b) DEFINITION.—In this section:
(1) COVERED STATE.—The term ‘‘covered State’’ means a
State that enacted State laws described in paragraph (2).
(2) PRIOR CONSISTENT STATE LAWS.—The term ‘‘prior consistent State laws’’ means State laws, not inconsistent with
the Job Training Partnership Act or any other applicable Federal law, that took effect on September 1, 1993, September
1, 1995, and September 1, 1997.
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SEC. 194. GENERAL PROGRAM REQUIREMENTS.
29 USC 3254.
Except as otherwise provided in this title, the following conditions apply to all programs under this title:
(1) Each program under this title shall provide employment
and training opportunities to those who can benefit from, and
who are most in need of, such opportunities. In addition, the
recipients of Federal funding for programs under this title
shall make efforts to develop programs that contribute to
occupational development, upward mobility, development of
new careers, and opportunities for nontraditional employment.
(2) Funds provided under this title shall only be used
for activities that are in addition to activities that would otherwise be available in the local area in the absence of such
funds.
(3)(A) Any local area may enter into an agreement with
another local area (including a local area that is a city or
county within the same labor market) to pay or share the
cost of educating, training, or placing individuals participating
in programs assisted under this title, including the provision
of supportive services.
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128 STAT. 1606
(B) Such agreement shall be approved by each local board
for a local area entering into the agreement and shall be
described in the local plan under section 108.
(4) On-the-job training contracts under this title, shall not
be entered into with employers who have received payments
under previous contracts under this Act or the Workforce
Investment Act of 1998 and have exhibited a pattern of failing
to provide on-the-job training participants with continued longterm employment as regular employees with wages and employment benefits (including health benefits) and working conditions at the same level and to the same extent as other
employees working a similar length of time and doing the
same type of work.
(5) No person or organization may charge an individual
a fee for the placement or referral of the individual in or
to a workforce investment activity under this title.
(6) The Secretary shall not provide financial assistance
for any program under this title that involves political activities.
(7)(A) Income under any program administered by a public
or private nonprofit entity may be retained by such entity
only if such income is used to continue to carry out the program.
(B) Income subject to the requirements of subparagraph
(A) shall include—
(i) receipts from goods or services (including conferences) provided as a result of activities funded under
this title;
(ii) funds provided to a service provider under this
title that are in excess of the costs associated with the
services provided; and
(iii) interest income earned on funds received under
this title.
(C) For purposes of this paragraph, each entity receiving
financial assistance under this title shall maintain records sufficient to determine the amount of such income received and
the purposes for which such income is expended.
(8)(A) The Secretary shall notify the Governor and the
appropriate local board and chief elected official of, and consult
with the Governor and such board and official concerning,
any activity to be funded by the Secretary under this title
within the corresponding State or local area.
(B) The Governor shall notify the appropriate local board
and chief elected official of, and consult with such board and
official concerning, any activity to be funded by the Governor
under this title within the corresponding local area.
(9)(A) All education programs for youth supported with
funds provided under chapter 2 of subtitle B shall be consistent
with applicable State and local educational standards.
(B) Standards and procedures with respect to awarding
academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with
the requirements of applicable State and local law, including
regulation.
(10) No funds available under this title may be used for
public service employment except as specifically authorized
under this title.
Records.
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Notification.
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128 STAT. 1607
(11) The Federal requirements governing the title, use,
and disposition of real property, equipment, and supplies purchased with funds provided under this title shall be the corresponding Federal requirements generally applicable to such
items purchased through Federal grants to States and local
governments.
(12) Nothing in this title shall be construed to provide
an individual with an entitlement to a service under this title.
(13) Services, facilities, or equipment funded under this
title may be used, as appropriate, on a fee-for-service basis,
by employers in a local area in order to provide employment
and training activities to incumbent workers—
(A) when such services, facilities, or equipment are
not in use for the provision of services for eligible participants under this title;
(B) if such use for incumbent workers would not have
an adverse effect on the provision of services to eligible
participants under this title; and
(C) if the income derived from such fees is used to
carry out the programs authorized under this title.
(14) Funds provided under this title shall not be used
to establish or operate a stand-alone fee-for-service enterprise
in a situation in which a private sector employment agency
(as defined in section 701 of the Civil Rights Act of 1964
(42 U.S.C. 2000e)) is providing full access to similar or related
services in such a manner as to fully meet the identified need.
For purposes of this paragraph, such an enterprise does not
include a one-stop delivery system described in section 121(e).
(15)(A) None of the funds available under this title shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct costs
or indirect costs, at a rate in excess of the annual rate of
basic pay prescribed for level II of the Executive Schedule
under section 5313 of title 5, United States Code.
(B) The limitation described in subparagraph (A) shall
not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. In a
case in which a State is a recipient of such funds, the State
may establish a lower limit than is provided in subparagraph
(A) for salaries and bonuses of those receiving salaries and
bonuses from a subrecipient of such funds, taking into account
factors including the relative cost of living in the State, the
compensation levels for comparable State or local government
employees, and the size of the organizations that administer
the Federal programs involved.
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SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES.
29 USC 3255.
(a) PUBLICITY RESTRICTIONS.—
(1) IN GENERAL.—No funds provided under this Act shall
be used for—
(A) publicity or propaganda purposes; or
(B) the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication,
radio, television, or video presentation designed to support
or defeat—
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(i) the enactment of legislation before Congress
or any State or local legislature or legislative body;
or
(ii) any proposed or pending regulation, administrative action, or order issued by the executive branch
of any State or local government.
(2) EXCEPTION.—Paragraph (1) shall not apply to—
(A) normal and recognized executive-legislative relationships;
(B) the preparation, distribution, or use of the materials described in paragraph (1)(B) in presentation to Congress or any State or local legislature or legislative body;
or
(C) such preparation, distribution, or use of such materials in presentation to the executive branch of any State
or local government.
(b) SALARY RESTRICTIONS.—
(1) IN GENERAL.—No funds provided under this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any
activity designed to influence the enactment or issuance of
legislation, appropriations, regulations, administrative action,
or an Executive order proposed or pending before Congress
or any State government, or a State or local legislature or
legislative body.
(2) EXCEPTION.—Paragraph (1) shall not apply to—
(A) normal and recognized executive-legislative relationships; or
(B) participation by an agency or officer of a State,
local, or tribal government in policymaking and administrative processes within the executive branch of that government.
TITLE II—ADULT EDUCATION AND
LITERACY
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Adult Education
and Family
Literacy Act.
29 USC 3101
note.
SEC. 201. SHORT TITLE.
29 USC 3271.
SEC. 202. PURPOSE.
This title may be cited as the ‘‘Adult Education and Family
Literacy Act’’.
It is the purpose of this title to create a partnership among
the Federal Government, States, and localities to provide, on a
voluntary basis, adult education and literacy activities, in order
to—
(1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic selfsufficiency;
(2) assist adults who are parents or family members to
obtain the education and skills that—
(A) are necessary to becoming full partners in the
educational development of their children; and
(B) lead to sustainable improvements in the economic
opportunities for their family;
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128 STAT. 1609
(3) assist adults in attaining a secondary school diploma
and in the transition to postsecondary education and training,
including through career pathways; and
(4) assist immigrants and other individuals who are
English language learners in—
(A) improving their—
(i) reading, writing, speaking, and comprehension
skills in English; and
(ii) mathematics skills; and
(B) acquiring an understanding of the American system
of Government, individual freedom, and the responsibilities
of citizenship.
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SEC. 203. DEFINITIONS.
29 USC 3272.
In this title:
(1) ADULT EDUCATION.—The term ‘‘adult education’’ means
academic instruction and education services below the postsecondary level that increase an individual’s ability to—
(A) read, write, and speak in English and perform
mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized
equivalent;
(B) transition to postsecondary education and training;
and
(C) obtain employment.
(2) ADULT EDUCATION AND LITERACY ACTIVITIES.—The term
‘‘adult education and literacy activities’’ means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy
activities, English language acquisition activities, integrated
English literacy and civics education, workforce preparation
activities, or integrated education and training.
(3) ELIGIBLE AGENCY.—The term ‘‘eligible agency’’ means
the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education
and literacy activities in the State or outlying area, respectively,
consistent with the law of the State or outlying area, respectively.
(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’
means an individual—
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be enrolled
in secondary school under State law; and
(C) who—
(i) is basic skills deficient;
(ii) does not have a secondary school diploma or
its recognized equivalent, and has not achieved an
equivalent level of education; or
(iii) is an English language learner.
(5) ELIGIBLE PROVIDER.—The term ‘‘eligible provider’’
means an organization that has demonstrated effectiveness
in providing adult education and literacy activities that may
include—
(A) a local educational agency;
(B) a community-based organization or faith-based
organization;
(C) a volunteer literacy organization;
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128 STAT. 1610
PUBLIC LAW 113–128—JULY 22, 2014
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described in
any of subparagraphs (A) through (G) and has the ability
to provide adult education and literacy activities to eligible
individuals;
(I) a consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any
of subparagraphs (A) through (H); and
(J) a partnership between an employer and an entity
described in any of subparagraphs (A) through (I).
(6) ENGLISH LANGUAGE ACQUISITION PROGRAM.—The term
‘‘English language acquisition program’’ means a program of
instruction—
(A) designed to help eligible individuals who are
English language learners achieve competence in reading,
writing, speaking, and comprehension of the English language; and
(B) that leads to—
(i)(I) attainment of a secondary school diploma or
its recognized equivalent; and
(II) transition to postsecondary education and
training; or
(ii) employment.
(7) ENGLISH LANGUAGE LEARNER.—The term ‘‘English language learner’’ when used with respect to an eligible individual,
means an eligible individual who has limited ability in reading,
writing, speaking, or comprehending the English language,
and—
(A) whose native language is a language other than
English; or
(B) who lives in a family or community environment
where a language other than English is the dominant language.
(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—
The term ‘‘essential components of reading instruction’’ has
the meaning given the term in section 1208 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6368).
(9) FAMILY LITERACY ACTIVITIES.—The term ‘‘family literacy
activities’’ means activities that are of sufficient intensity and
quality, to make sustainable improvements in the economic
prospects for a family and that better enable parents or family
members to support their children’s learning needs, and that
integrate all of the following activities:
(A) Parent or family adult education and literacy activities that lead to readiness for postsecondary education
or training, career advancement, and economic self-sufficiency.
(B) Interactive literacy activities between parents or
family members and their children.
(C) Training for parents or family members regarding
how to be the primary teacher for their children and full
partners in the education of their children.
(D) An age-appropriate education to prepare children
for success in school and life experiences.
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128 STAT. 1611
(10) INSTITUTION OF HIGHER EDUCATION.—The term
‘‘institution of higher education’’ has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(11) INTEGRATED EDUCATION AND TRAINING.—The term
‘‘integrated education and training’’ means a service approach
that provides adult education and literacy activities concurrently and contextually with workforce preparation activities
and workforce training for a specific occupation or occupational
cluster for the purpose of educational and career advancement.
(12) INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.—The term ‘‘integrated English literacy and civics education’’ means education services provided to English language
learners who are adults, including professionals with degrees
and credentials in their native countries, that enables such
adults to achieve competency in the English language and
acquire the basic and more advanced skills needed to function
effectively as parents, workers, and citizens in the United
States. Such services shall include instruction in literacy and
English language acquisition and instruction on the rights and
responsibilities of citizenship and civic participation, and may
include workforce training.
(13) LITERACY.—The term ‘‘literacy’’ means an individual’s
ability to read, write, and speak in English, compute, and
solve problems, at levels of proficiency necessary to function
on the job, in the family of the individual, and in society.
(14) POSTSECONDARY EDUCATIONAL INSTITUTION.—The term
‘‘postsecondary educational institution’’ means—
(A) an institution of higher education that provides
not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;
(B) a tribally controlled college or university; or
(C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.
(15) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.
(16) WORKPLACE ADULT EDUCATION AND LITERACY ACTIVITIES.—The term ‘‘workplace adult education and literacy activities’’ means adult education and literacy activities offered by
an eligible provider in collaboration with an employer or
employee organization at a workplace or an off-site location
that is designed to improve the productivity of the workforce.
(17) WORKFORCE PREPARATION ACTIVITIES.—The term
‘‘workforce preparation activities’’ means activities, programs,
or services designed to help an individual acquire a combination
of basic academic skills, critical thinking skills, digital literacy
skills, and self-management skills, including competencies in
utilizing resources, using information, working with others,
understanding systems, and obtaining skills necessary for
successful transition into and completion of postsecondary education or training, or employment.
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SEC. 204. HOME SCHOOLS.
29 USC 3273.
Nothing in this title shall be construed to affect home schools,
whether a home school is treated as a home school or a private
school under State law, or to compel a parent or family member
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128 STAT. 1612
PUBLIC LAW 113–128—JULY 22, 2014
engaged in home schooling to participate in adult education and
literacy activities.
29 USC 3274.
SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY
TRANSITION AND CONCURRENT ENROLLMENT ACTIVITIES.
Nothing in this title shall be construed to prohibit or discourage
the use of funds provided under this title for adult education and
literacy activities that help eligible individuals transition to postsecondary education and training or employment, or for concurrent
enrollment activities.
29 USC 3275.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016,
$635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018,
$664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year
2020.
Subtitle A—Federal Provisions
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29 USC 3291.
SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES;
ALLOTMENTS.
(a) RESERVATION OF FUNDS.—From the sum appropriated under
section 206 for a fiscal year, the Secretary—
(1) shall reserve 2 percent to carry out section 242, except
that the amount so reserved shall not exceed $15,000,000;
and
(2) shall reserve 12 percent of the amount that remains
after reserving funds under paragraph (1) to carry out section
243.
(b) GRANTS TO ELIGIBLE AGENCIES.—
(1) IN GENERAL.—From the sum appropriated under section
206 and not reserved under subsection (a) for a fiscal year,
the Secretary shall award a grant to each eligible agency having
a unified State plan approved under section 102 or a combined
State plan approved under section 103 in an amount equal
to the sum of the initial allotment under subsection (c)(1)
and the additional allotment under subsection (c)(2) for the
eligible agency for the fiscal year, subject to subsections (f)
and (g), to enable the eligible agency to carry out the activities
assisted under this title.
(2) PURPOSE OF GRANTS.—The Secretary may award a grant
under paragraph (1) only if the eligible entity involved agrees
to expend the grant for adult education and literacy activities
in accordance with the provisions of this title.
(c) ALLOTMENTS.—
(1) INITIAL ALLOTMENTS.—From the sum appropriated
under section 206 and not reserved under subsection (a) for
a fiscal year, the Secretary shall allot to each eligible agency
having a unified State plan approved under section 102 or
a combined State plan approved under section 103—
(A) $100,000, in the case of an eligible agency serving
an outlying area; and
(B) $250,000, in the case of any other eligible agency.
(2) ADDITIONAL ALLOTMENTS.—From the sum appropriated
under section 206, not reserved under subsection (a), and not
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1613
allotted under paragraph (1), for a fiscal year, the Secretary
shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears
the same relationship to such sum as the number of qualifying
adults in the State or outlying area served by the eligible
agency bears to the number of such adults in all States and
outlying areas.
(d) QUALIFYING ADULT.—For the purpose of subsection (c)(2),
the term ‘‘qualifying adult’’ means an adult who—
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance under
the law of the State or outlying area;
(3) does not have a secondary school diploma or its recognized equivalent; and
(4) is not enrolled in secondary school.
(e) SPECIAL RULE.—
(1) IN GENERAL.—From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award
grants to Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or the Republic of Palau to carry
out activities described in this title in accordance with the
provisions of this title, as determined by the Secretary.
(2) AWARD BASIS.—The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant
to the recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(3) TERMINATION OF ELIGIBILITY.—Notwithstanding any
other provision of law, the Republic of Palau shall be eligible
to receive a grant under this title except during the period
described in section 3(45).
(4) ADMINISTRATIVE COSTS.—The Secretary may provide
not more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
(f) HOLD-HARMLESS PROVISIONS.—
(1) IN GENERAL.—Notwithstanding subsection (c), for fiscal
year 2015 and each succeeding fiscal year, no eligible agency
shall receive an allotment under this section that is less than
90 percent of the allotment the eligible agency received for
the preceding fiscal year under this section.
(2) RATABLE REDUCTION.—If for any fiscal year the amount
available for allotment under this title is insufficient to satisfy
the provisions of paragraph (1) the Secretary shall ratably
reduce the payments to all eligible agencies, as necessary.
(g) REALLOTMENT.—The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines
will not be required for the period such allotment is available
for carrying out activities under this title, shall be available for
reallotment from time to time, on such dates during such period
as the Secretary shall fix, to other eligible agencies in proportion
to the original allotments to such agencies under this title for
such year.
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Definition.
Territories.
PUBL128
128 STAT. 1614
29 USC 3292.
PUBLIC LAW 113–128—JULY 22, 2014
SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
Programs and activities authorized in this title are subject
to the performance accountability provisions described in section
116.
Subtitle B—State Provisions
29 USC 3301.
SEC. 221. STATE ADMINISTRATION.
Each eligible agency shall be responsible for the State or outlying area administration of activities under this title, including—
(1) the development, implementation, and monitoring of
the relevant components of the unified State plan in section
102 or the combined State plan in section 103;
(2) consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of activities assisted under
this title; and
(3) coordination and nonduplication with other Federal and
State education, training, corrections, public housing, and social
service programs.
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29 USC 3302.
SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
(a) STATE DISTRIBUTION OF FUNDS.—Each eligible agency
receiving a grant under section 211(b) for a fiscal year—
(1) shall use not less than 82.5 percent of the grant funds
to award grants and contracts under section 231 and to carry
out section 225, of which not more than 20 percent of such
amount shall be available to carry out section 225;
(2) shall use not more than 12.5 percent of the grant
funds to carry out State leadership activities under section
223; and
(3) shall use not more than 5 percent of the grant funds,
or $85,000, whichever is greater, for the administrative
expenses of the eligible agency.
(b) MATCHING REQUIREMENT.—
(1) IN GENERAL.—In order to receive a grant from the
Secretary under section 211(b) each eligible agency shall provide, for the costs to be incurred by the eligible agency in
carrying out the adult education and literacy activities for
which the grant is awarded, a non-Federal contribution in
an amount that is not less than—
(A) in the case of an eligible agency serving an outlying
area, 12 percent of the total amount of funds expended
for adult education and literacy activities in the outlying
area, except that the Secretary may decrease the amount
of funds required under this subparagraph for an eligible
agency; and
(B) in the case of an eligible agency serving a State,
25 percent of the total amount of funds expended for adult
education and literacy activities in the State.
(2) NON-FEDERAL CONTRIBUTION.—An eligible agency’s nonFederal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include
only non-Federal funds that are used for adult education and
literacy activities in a manner that is consistent with the purpose of this title.
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128 STAT. 1615
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SEC. 223. STATE LEADERSHIP ACTIVITIES.
29 USC 3303.
(a) ACTIVITIES.—
(1) REQUIRED.—Each eligible agency shall use funds made
available under section 222(a)(2) for the following adult education and literacy activities to develop or enhance the adult
education system of the State or outlying area:
(A) The alignment of adult education and literacy
activities with other core programs and one-stop partners,
including eligible providers, to implement the strategy
identified in the unified State plan under section 102 or
the combined State plan under section 103, including the
development of career pathways to provide access to
employment and training services for individuals in adult
education and literacy activities.
(B) The establishment or operation of high quality
professional development programs to improve the instruction provided pursuant to local activities required under
section 231(b), including instruction incorporating the
essential components of reading instruction as such components relate to adults, instruction related to the specific
needs of adult learners, instruction provided by volunteers
or by personnel of a State or outlying area, and dissemination of information about models and promising practices
related to such programs.
(C) The provision of technical assistance to eligible
providers of adult education and literacy activities receiving
funds under this title, including—
(i) the development and dissemination of instructional and programmatic practices based on the most
rigorous or scientifically valid research available and
appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training;
(ii) the role of eligible providers as a one-stop
partner to provide access to employment, education,
and training services; and
(iii) assistance in the use of technology, including
for staff training, to eligible providers, especially the
use of technology to improve system efficiencies.
(D) The monitoring and evaluation of the quality of,
and the improvement in, adult education and literacy
activities and the dissemination of information about
models and proven or promising practices within the State.
(2) PERMISSIBLE ACTIVITIES.—Each eligible agency may use
funds made available under section 222(a)(2) for 1 or more
of the following adult education and literacy activities:
(A) The support of State or regional networks of literacy resource centers.
(B) The development and implementation of technology
applications, translation technology, or distance education,
including professional development to support the use of
instructional technology.
(C) Developing and disseminating curricula, including
curricula incorporating the essential components of reading
instruction as such components relate to adults.
(D) Developing content and models for integrated education and training and career pathways.
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128 STAT. 1616
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(E) The provision of assistance to eligible providers
in developing and implementing programs that achieve
the objectives of this title and in measuring the progress
of those programs in achieving such objectives, including
meeting the State adjusted levels of performance described
in section 116(b)(3).
(F) The development and implementation of a system
to assist in the transition from adult education to postsecondary education, including linkages with postsecondary
educational institutions or institutions of higher education.
(G) Integration of literacy and English language
instruction with occupational skill training, including promoting linkages with employers.
(H) Activities to promote workplace adult education
and literacy activities.
(I) Identifying curriculum frameworks and aligning rigorous content standards that—
(i) specify what adult learners should know and
be able to do in the areas of reading and language
arts, mathematics, and English language acquisition;
and
(ii) take into consideration the following:
(I) State adopted academic standards.
(II) The current adult skills and literacy
assessments used in the State or outlying area.
(III) The primary indicators of performance
described in section 116.
(IV) Standards and academic requirements for
enrollment in nonremedial, for-credit courses in
postsecondary educational institutions or institutions of higher education supported by the State
or outlying area.
(V) Where appropriate, the content of occupational and industry skill standards widely used
by business and industry in the State or outlying
area.
(J) Developing and piloting of strategies for improving
teacher quality and retention.
(K) The development and implementation of programs
and services to meet the needs of adult learners with
learning disabilities or English language learners, which
may include new and promising assessment tools and
strategies that are based on scientifically valid research,
where appropriate, and identify the needs and capture
the gains of such students at the lowest achievement levels.
(L) Outreach to instructors, students, and employers.
(M) Other activities of statewide significance that promote the purpose of this title.
(b) COLLABORATION.—In carrying out this section, eligible agencies shall collaborate where possible, and avoid duplicating efforts,
in order to maximize the impact of the activities described in
subsection (a).
(c) STATE-IMPOSED REQUIREMENTS.—Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that
has the effect of imposing a requirement that is not imposed under
Federal law (including any rule or policy based on a State or
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outlying area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to eligible
providers, the rule or policy as being imposed by the State or
outlying area.
SEC. 224. STATE PLAN.
29 USC 3304.
Each State desiring to receive funds under this title for any
fiscal year shall submit and have approved a unified State plan
in accordance with section 102 or a combined State plan in accordance with section 103.
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SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
29 USC 3305.
(a) PROGRAM AUTHORIZED.—From funds made available under
section 222(a)(1) for a fiscal year, each eligible agency shall carry
out corrections education and education for other institutionalized
individuals.
(b) USES OF FUNDS.—The funds described in subsection (a)
shall be used for the cost of educational programs for criminal
offenders in correctional institutions and for other institutionalized
individuals, including academic programs for—
(1) adult education and literacy activities;
(2) special education, as determined by the eligible agency;
(3) secondary school credit;
(4) integrated education and training;
(5) career pathways;
(6) concurrent enrollment;
(7) peer tutoring; and
(8) transition to re-entry initiatives and other postrelease
services with the goal of reducing recidivism.
(c) PRIORITY.—Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall give priority to
serving individuals who are likely to leave the correctional institution within 5 years of participation in the program.
(d) REPORT.—In addition to any report required under section
116, each eligible agency that receives assistance provided under
this section shall annually prepare and submit to the Secretary
a report on the progress, as described in section 116, of the eligible
agency with respect to the programs and activities carried out
under this section, including the relative rate of recidivism for
the criminal offenders served.
(e) DEFINITIONS.—In this section:
(1) CORRECTIONAL INSTITUTION.—The term ‘‘correctional
institution’’ means any—
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based rehabilitation
center, or any other similar institution designed for the
confinement or rehabilitation of criminal offenders.
(2) CRIMINAL OFFENDER.—The term ‘‘criminal offender’’
means any individual who is charged with or convicted of
any criminal offense.
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PUBLIC LAW 113–128—JULY 22, 2014
Subtitle C—Local Provisions
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29 USC 3321.
SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
(a) GRANTS AND CONTRACTS.—From grant funds made available
under section 222(a)(1), each eligible agency shall award multiyear
grants or contracts, on a competitive basis, to eligible providers
within the State or outlying area to enable the eligible providers
to develop, implement, and improve adult education and literacy
activities within the State.
(b) REQUIRED LOCAL ACTIVITIES.—The eligible agency shall
require that each eligible provider receiving a grant or contract
under subsection (a) use the grant or contract to establish or operate
programs that provide adult education and literacy activities,
including programs that provide such activities concurrently.
(c) DIRECT AND EQUITABLE ACCESS; SAME PROCESS.—Each
eligible agency receiving funds under this title shall ensure that—
(1) all eligible providers have direct and equitable access
to apply and compete for grants or contracts under this section;
and
(2) the same grant or contract announcement process and
application process is used for all eligible providers in the
State or outlying area.
(d) SPECIAL RULE.—Each eligible agency awarding a grant or
contract under this section shall not use any funds made available
under this title for adult education and literacy activities for the
purpose of supporting or providing programs, services, or activities
for individuals who are not individuals described in subparagraphs
(A) and (B) of section 203(4), except that such agency may use
such funds for such purpose if such programs, services, or activities
are related to family literacy activities. In providing family literacy
activities under this title, an eligible provider shall attempt to
coordinate with programs and services that are not assisted under
this title prior to using funds for adult education and literacy
activities under this title for activities other than activities for
eligible individuals.
(e) CONSIDERATIONS.—In awarding grants or contracts under
this section, the eligible agency shall consider—
(1) the degree to which the eligible provider would be
responsive to—
(A) regional needs as identified in the local plan under
section 108; and
(B) serving individuals in the community who were
identified in such plan as most in need of adult education
and literacy activities, including individuals—
(i) who have low levels of literacy skills; or
(ii) who are English language learners;
(2) the ability of the eligible provider to serve eligible
individuals with disabilities, including eligible individuals with
learning disabilities;
(3) past effectiveness of the eligible provider in improving
the literacy of eligible individuals, to meet State-adjusted levels
of performance for the primary indicators of performance
described in section 116, especially with respect to eligible
individuals who have low levels of literacy;
(4) the extent to which the eligible provider demonstrates
alignment between proposed activities and services and the
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1619
strategy and goals of the local plan under section 108, as
well as the activities and services of the one-stop partners;
(5) whether the eligible provider’s program—
(A) is of sufficient intensity and quality, and based
on the most rigorous research available so that participants
achieve substantial learning gains; and
(B) uses instructional practices that include the essential components of reading instruction;
(6) whether the eligible provider’s activities, including
whether reading, writing, speaking, mathematics, and English
language acquisition instruction delivered by the eligible provider, are based on the best practices derived from the most
rigorous research available and appropriate, including scientifically valid research and effective educational practice;
(7) whether the eligible provider’s activities effectively use
technology, services, and delivery systems, including distance
education in a manner sufficient to increase the amount and
quality of learning and how such technology, services, and
systems lead to improved performance;
(8) whether the eligible provider’s activities provide
learning in context, including through integrated education and
training, so that an individual acquires the skills needed to
transition to and complete postsecondary education and
training programs, obtain and advance in employment leading
to economic self-sufficiency, and to exercise the rights and
responsibilities of citizenship;
(9) whether the eligible provider’s activities are delivered
by well-trained instructors, counselors, and administrators who
meet any minimum qualifications established by the State,
where applicable, and who have access to high quality professional development, including through electronic means;
(10) whether the eligible provider’s activities coordinate
with other available education, training, and social service
resources in the community, such as by establishing strong
links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, one-stop centers, job
training programs, and social service agencies, business,
industry, labor organizations, community-based organizations,
nonprofit organizations, and intermediaries, for the development of career pathways;
(11) whether the eligible provider’s activities offer flexible
schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health
services, and career planning) that are necessary to enable
individuals, including individuals with disabilities or other special needs, to attend and complete programs;
(12) whether the eligible provider maintains a high-quality
information management system that has the capacity to report
measurable participant outcomes (consistent with section 116)
and to monitor program performance; and
(13) whether the local areas in which the eligible provider
is located have a demonstrated need for additional English
language acquisition programs and civics education programs.
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128 STAT. 1620
29 USC 3322.
PUBLIC LAW 113–128—JULY 22, 2014
SEC. 232. LOCAL APPLICATION.
Each eligible provider desiring a grant or contract from an
eligible agency shall submit an application to the eligible agency
containing such information and assurances as the eligible agency
may require, including—
(1) a description of how funds awarded under this title
will be spent consistent with the requirements of this title;
(2) a description of any cooperative arrangements the
eligible provider has with other agencies, institutions, or
organizations for the delivery of adult education and literacy
activities;
(3) a description of how the eligible provider will provide
services in alignment with the local plan under section 108,
including how such provider will promote concurrent enrollment
in programs and activities under title I, as appropriate;
(4) a description of how the eligible provider will meet
the State adjusted levels of performance described in section
116(b)(3), including how such provider will collect data to report
on such performance indicators;
(5) a description of how the eligible provider will fulfill
one-stop partner responsibilities as described in section
121(b)(1)(A), as appropriate;
(6) a description of how the eligible provider will provide
services in a manner that meets the needs of eligible individuals; and
(7) information that addresses the considerations described
under section 231(e), as applicable.
29 USC 3323.
SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
(a) IN GENERAL.—Subject to subsection (b), of the amount that
is made available under this title to an eligible provider—
(1) not less than 95 percent shall be expended for carrying
out adult education and literacy activities; and
(2) the remaining amount, not to exceed 5 percent, shall
be used for planning, administration (including carrying out
the requirements of section 116), professional development, and
the activities described in paragraphs (3) and (5) of section
232.
(b) SPECIAL RULE.—In cases where the cost limits described
in subsection (a) are too restrictive to allow for the activities
described in subsection (a)(2), the eligible provider shall negotiate
with the eligible agency in order to determine an adequate level
of funds to be used for noninstructional purposes.
Subtitle D—General Provisions
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29 USC 3331.
SEC. 241. ADMINISTRATIVE PROVISIONS.
(a) SUPPLEMENT NOT SUPPLANT.—Funds made available for
adult education and literacy activities under this title shall supplement and not supplant other State or local public funds expended
for adult education and literacy activities.
(b) MAINTENANCE OF EFFORT.—
(1) IN GENERAL.—
(A) DETERMINATION.—An eligible agency may receive
funds under this title for any fiscal year if the Secretary
finds that the fiscal effort per student or the aggregate
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128 STAT. 1621
expenditures of such eligible agency for activities under
this title, in the second preceding fiscal year, were not
less than 90 percent of the fiscal effort per student or
the aggregate expenditures of such eligible agency for adult
education and literacy activities in the third preceding
fiscal year.
(B) PROPORTIONATE REDUCTION.—Subject to paragraphs (2), (3), and (4), for any fiscal year with respect
to which the Secretary determines under subparagraph
(A) that the fiscal effort or the aggregate expenditures
of an eligible agency for the preceding program year were
less than such effort or expenditures for the second preceding program year, the Secretary—
(i) shall determine the percentage decreases in
such effort or in such expenditures; and
(ii) shall decrease the payment made under this
title for such program year to the agency for adult
education and literacy activities by the lesser of such
percentages.
(2) COMPUTATION.—In computing the fiscal effort and
aggregate expenditures under paragraph (1), the Secretary shall
exclude capital expenditures and special one-time project costs.
(3) DECREASE IN FEDERAL SUPPORT.—If the amount made
available for adult education and literacy activities under this
title for a fiscal year is less than the amount made available
for adult education and literacy activities under this title for
the preceding fiscal year, then the fiscal effort per student
and the aggregate expenditures of an eligible agency required
in order to avoid a reduction under paragraph (1)(B) shall
be decreased by the same percentage as the percentage decrease
in the amount so made available.
(4) WAIVER.—The Secretary may waive the requirements
of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a natural
disaster or an unforeseen and precipitous decline in the financial resources of the State or outlying area of the eligible
agency. If the Secretary grants a waiver under the preceding
sentence for a fiscal year, the level of effort required under
paragraph (1) shall not be reduced in the subsequent fiscal
year because of the waiver.
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SEC. 242. NATIONAL LEADERSHIP ACTIVITIES.
Determination.
29 USC 3332.
(a) IN GENERAL.—The Secretary shall establish and carry out
a program of national leadership activities to enhance the quality
and outcomes of adult education and literacy activities and programs nationwide.
(b) REQUIRED ACTIVITIES.—The national leadership activities
described in subsection (a) shall include technical assistance,
including—
(1) assistance to help States meet the requirements of
section 116;
(2) upon request by a State, assistance provided to eligible
providers in using performance accountability measures based
on indicators described in section 116, and data systems for
the improvement of adult education and literacy activities;
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128 STAT. 1622
PUBLIC LAW 113–128—JULY 22, 2014
(3) carrying out rigorous research and evaluation on effective adult education and literacy activities, as well as estimating
the number of adults functioning at the lowest levels of literacy
proficiency, which shall be coordinated across relevant Federal
agencies, including the Institute of Education Sciences; and
(4) carrying out an independent evaluation at least once
every 4 years of the programs and activities under this title,
taking into consideration the evaluation subjects referred to
in section 169(a)(2).
(c) ALLOWABLE ACTIVITIES.—The national leadership activities
described in subsection (a) may include the following:
(1) Technical assistance, including—
(A) assistance related to professional development
activities, and assistance for the purposes of developing,
improving, identifying, and disseminating the most successful methods and techniques for providing adult education
and literacy activities, based on scientifically valid research
where available;
(B) assistance in distance education and promoting
and improving the use of technology in the classroom,
including instruction in English language acquisition for
English language learners;
(C) assistance in the development and dissemination
of proven models for addressing the digital literacy needs
of adults, including older adults; and
(D) supporting efforts aimed at strengthening programs
at the State and local levels, such as technical assistance
in program planning, assessment, evaluation, and monitoring of activities carried out under this title.
(2) Funding national leadership activities either directly
or through grants, contracts, or cooperative agreements
awarded on a competitive basis to or with postsecondary educational institutions, institutions of higher education, public
or private organizations or agencies (including public libraries),
or consortia of such institutions, organizations, or agencies,
which may include—
(A) developing, improving, and identifying the most
successful methods and techniques for addressing the education needs of adults, including instructional practices
using the essential components of reading instruction based
on the work of the National Institute of Child Health
and Human Development;
(B) supporting national, regional, or local networks
of private nonprofit organizations, public libraries, or
institutions of higher education to strengthen the ability
of such networks’ members to meet the performance
requirements described in section 116 of eligible providers;
(C) increasing the effectiveness, and improving the
quality, of adult education and literacy activities, which
may include—
(i) carrying out rigorous research;
(ii) carrying out demonstration programs;
(iii) accelerating learning outcomes for eligible
individuals with the lowest literacy levels;
(iv) developing and promoting career pathways for
eligible individuals;
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128 STAT. 1623
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(v) promoting concurrent enrollment programs in
adult education and credit bearing postsecondary
coursework;
(vi) developing high-quality professional development activities for eligible providers; and
(vii) developing, replicating, and disseminating
information on best practices and innovative programs,
such as—
(I) the identification of effective strategies for
working with adults with learning disabilities and
with adults who are English language learners;
(II) integrated education and training programs;
(III) workplace adult education and literacy
activities; and
(IV) postsecondary education and training
transition programs;
(D) providing for the conduct of an independent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competitive
basis, which shall include descriptions of—
(i) the effect of performance accountability measures and other measures of accountability on the
delivery of adult education and literacy activities;
(ii) the extent to which the adult education and
literacy activities increase the literacy skills of eligible
individuals, lead to involvement in education and
training, enhance the employment and earnings of such
participants, and, if applicable, lead to other positive
outcomes, such as success in re-entry and reductions
in recidivism in the case of prison-based adult education and literacy activities;
(iii) the extent to which the provision of support
services to eligible individuals enrolled in adult education and literacy activities increase the rate of enrollment in, and successful completion of, such programs;
and
(iv) the extent to which different types of providers
measurably improve the skills of eligible individuals
in adult education and literacy activities;
(E) collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance
data collection systems;
(F) determining how participation in adult education
and literacy activities prepares eligible individuals for entry
into postsecondary education and employment and, in the
case of programs carried out in correctional institutions,
has an effect on recidivism; and
(G) other activities designed to enhance the quality
of adult education and literacy activities nationwide.
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SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
29 USC 3333.
(a) IN GENERAL.—From funds made available under section
211(a)(2) for each fiscal year, the Secretary shall award grants
to States, from allotments under subsection (b), for integrated
Grants.
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English literacy and civics education, in combination with
integrated education and training activities.
(b) ALLOTMENT.—
(1) IN GENERAL.—Subject to paragraph (2), from amounts
made available under section 211(a)(2) for a fiscal year, the
Secretary shall allocate—
(A) 65 percent to the States on the basis of a State’s
need for integrated English literacy and civics education,
as determined by calculating each State’s share of a 10year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for
immigrants admitted for legal permanent residence for the
10 most recent years; and
(B) 35 percent to the States on the basis of whether
the State experienced growth, as measured by the average
of the 3 most recent years for which the data of the Office
of Immigration Statistics of the Department of Homeland
Security for immigrants admitted for legal permanent residence are available.
(2) MINIMUM.—No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
(c) GOAL.—Each program that receives funding under this section shall be designed to—
(1) prepare adults who are English language learners for,
and place such adults in, unsubsidized employment in indemand industries and occupations that lead to economic selfsufficiency; and
(2) integrate with the local workforce development system
and its functions to carry out the activities of the program.
(d) REPORT.—The Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate and make available to the public, a report
on the activities carried out under this section.
TITLE III—AMENDMENTS TO THE
WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended
by inserting ‘‘service’’ before ‘‘offices’’.
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SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is
amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) the terms ‘chief elected official’, ‘institution of higher
education’, ‘one-stop center’, ‘one-stop partner’, ‘training services’, ‘workforce development activity’, and ‘workplace learning
advisor’, have the meaning given the terms in section 3 of
the Workforce Innovation and Opportunity Act;’’;
(2) in paragraph (2)—
(A) by striking ‘‘investment board’’ each place it
appears and inserting ‘‘development board’’; and
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128 STAT. 1625
(B) by striking ‘‘section 117 of the Workforce Investment Act of 1998’’ and inserting ‘‘section 107 of the
Workforce Innovation and Opportunity Act’’;
(3) in paragraph (3)—
(A) by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; and
(B) by striking ‘‘Workforce Investment Act of 1998’’
and inserting ‘‘Workforce Innovation and Opportunity Act’’;
and
(4) in paragraph (4), by striking ‘‘and’’ at the end;
(5) in paragraph (5), by striking the period and inserting
‘‘; and’’; and
(6) by adding at the end the following:
‘‘(6) the term ‘employment service office’ means a local
office of a State agency; and
‘‘(7) except in section 15, the term ‘State agency’, used
without further description, means an agency designated or
authorized under section 4.’’.
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SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) COORDINATION.—Section 3(a) of the Wagner-Peyser Act (29
U.S.C. 49b(a)) is amended by striking ‘‘services’’ and inserting
‘‘service offices’’.
(b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.—Section 3(c)
of the Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended—
(1) in paragraph (2), by striking the semicolon and inserting
‘‘, and identify and disseminate information on best practices
for such system; and’’; and
(2) by adding at the end the following:
‘‘(4) in coordination with the State agencies and the staff
of such agencies, assist in the planning and implementation
of activities to enhance the professional development and career
advancement opportunities of such staff, in order to strengthen
the provision of a broad range of career guidance services,
the identification of job openings (including providing intensive
outreach to small and medium-sized employers and enhanced
employer services), the provision of technical assistance and
training to other providers of workforce development activities
(including workplace learning advisors) relating to counseling
and employment-related services, and the development of new
strategies for coordinating counseling and technology.’’.
(c) ONE-STOP CENTERS.—Section 3 of the Wagner-Peyser Act
(29 U.S.C. 49b) is amended by inserting after subsection (c) the
following:
‘‘(d) In order to improve service delivery, avoid duplication
of services, and enhance coordination of services, including location
of staff to ensure access to services under section 7(a) statewide
in underserved areas, employment service offices in each State
shall be colocated with one-stop centers.
‘‘(e) The Secretary, in consultation with States, is authorized
to assist the States in the development of national electronic tools
that may be used to improve access to workforce information for
individuals through—
‘‘(1) the one-stop delivery systems established as described
in section 121(e) of the Workforce Innovation and Opportunity
Act; and
‘‘(2) such other delivery systems as the Secretary determines to be appropriate.’’.
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PUBL128
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PUBLIC LAW 113–128—JULY 22, 2014
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is
amended—
(1) in subsection (a), by striking ‘‘amounts appropriated
pursuant to section 5’’ and inserting ‘‘funds appropriated and
(except for Guam) certified under section 5 and made available
for allotments under this section’’; and
(2) in subsection (b)(1)—
(A) in the matter preceding subparagraph (A)—
(i) by inserting before ‘‘the Secretary’’ the following
‘‘after making the allotments required by subsection
(a),’’; and
(ii) by striking ‘‘sums’’ and all that follows through
‘‘this Act’’ and inserting ‘‘funds described in subsection
(a)’’;
(B) in each of subparagraphs (A) and (B), by striking
‘‘sums’’ and inserting ‘‘remainder’’; and
(C) by adding at the end the following: ‘‘For purposes
of this paragraph, the term ‘State’ does not include Guam
or the Virgin Islands.’’.
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SEC. 305. USE OF SUMS.
(a) IMPROVED COORDINATION.—Section 7(a)(1) of the WagnerPeyser Act (29 U.S.C. 49f(a)(1)) is amended by inserting ‘‘, including
unemployment insurance claimants,’’ after ‘‘seekers’’.
(b) RESOURCES FOR UNEMPLOYMENT INSURANCE CLAIMANTS.—
Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is
amended—
(1) by striking ‘‘and’’ at the end of subparagraph (E);
(2) in subparagraph (F)—
(A) by inserting ‘‘, including making eligibility assessments,’’ after ‘‘system’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(3) by inserting after subparagraph (F) the following:
‘‘(G) providing unemployment insurance claimants with
referrals to, and application assistance for, training and
education resources and programs, including Federal Pell
Grants under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq.), educational
assistance under chapter 30 of title 38, United States Code
(commonly referred to as the Montgomery GI Bill), and
chapter 33 of that title (Post-9/11 Veterans Educational
Assistance), student assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), State student higher education assistance, and training and education programs provided under titles I and II of the
Workforce Innovation and Opportunity Act, and title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).’’.
(c) STATE ACTIVITIES.—Section 7(b) of the Wagner-Peyser Act
(29 U.S.C. 49f(b)) is amended—
(1) in paragraph (1), by striking ‘‘performance standards
established by the Secretary’’ and inserting ‘‘the performance
accountability measures that are based on indicators described
in section 116(b)(2)(A)(i) of the Workforce Innovation and
Opportunity Act’’;
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(2) in paragraph (2), by inserting ‘‘offices’’ after ‘‘employment service’’; and
(3) in paragraph (3), by inserting ‘‘, and models for
enhancing professional development and career advancement
opportunities of State agency staff, as described in section
3(c)(4)’’ after ‘‘subsection (a)’’.
(d) PROVIDING ADDITIONAL FUNDS.—Subsections (c)(2) and (d)
of section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended
by striking ‘‘the Workforce Investment Act of 1998’’ and inserting
‘‘the Workforce Innovation and Opportunity Act’’.
(e) CONFORMING AMENDMENT.—Section 7(e) of the WagnerPeyser Act (29 U.S.C. 49f(e)) is amended by striking ‘‘labor employment statistics’’ and inserting ‘‘workforce and labor market information’’.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended
to read as follows:
‘‘SEC. 8. Any State desiring to receive assistance under section
6 shall prepare and submit to, and have approved by, the Secretary
and the Secretary of Education, a State plan in accordance with
section 102 or 103 of the Workforce Innovation and Opportunity
Act.’’.
SEC. 307. PERFORMANCE MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is
amended to read as follows:
‘‘(a) The activities carried out pursuant to section 7 shall be
subject to the performance accountability measures that are based
on indicators described in section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act.’’.
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SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
(a) HEADING.—The section heading for section 15 of the WagnerPeyser Act (29 U.S.C. 49l–2) is amended by striking ‘‘EMPLOYMENT
STATISTICS’’ and inserting ‘‘WORKFORCE AND LABOR MARKET
INFORMATION SYSTEM’’.
(b) NAME OF SYSTEM.—Section 15(a)(1) of the Wagner-Peyser
Act (29 U.S.C. 49l–2(a)(1)) is amended by striking ‘‘employment
statistics system of employment statistics’’ and inserting ‘‘workforce
and labor market information system’’.
(c) SYSTEM RESPONSIBILITIES.—Section 15(b) of the WagnerPeyser Act (29 U.S.C. 49l–2(b)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) STRUCTURE.—The workforce and labor market
information system described in subsection (a) shall be
evaluated and improved by the Secretary, in consultation
with the Workforce Information Advisory Council established in subsection (d).
‘‘(B) GRANTS AND RESPONSIBILITIES.—
‘‘(i) IN GENERAL.—The Secretary shall carry out
the provisions of this section in a timely manner,
through grants to or agreements with States.
‘‘(ii) DISTRIBUTION OF FUNDS.—Using amounts
appropriated under subsection (g), the Secretary shall
provide funds through those grants and agreements.
In distributing the funds (relating to workforce and
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Consultation.
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PUBLIC LAW 113–128—JULY 22, 2014
labor market information funding) for fiscal years 2015
through 2020, the Secretary shall continue to distribute
the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008.’’; and
(2) by striking paragraph (2) and inserting the following:
‘‘(2) DUTIES.—The Secretary, with respect to data collection,
analysis, and dissemination of workforce and labor market
information for the system, shall carry out the following duties:
‘‘(A) Assign responsibilities within the Department of
Labor for elements of the workforce and labor market
information system described in subsection (a) to ensure
that the statistical and administrative data collected is
consistent with appropriate Bureau of Labor Statistics
standards and definitions, and that the information is
accessible and understandable to users of such data.
‘‘(B) Actively seek the cooperation of heads of other
Federal agencies to establish and maintain mechanisms
for ensuring complementarity and nonduplication in the
development and operation of statistical and administrative
data collection activities.
‘‘(C) Solicit, receive, and evaluate the recommendations
from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and
improvement of the workforce and labor market information system described in subsection (a) and respond in
writing to the Council regarding the recommendations.
‘‘(D) Eliminate gaps and duplication in statistical
undertakings.
‘‘(E) Through the Bureau of Labor Statistics and the
Employment and Training Administration, and in
collaboration with States, develop and maintain the elements of the workforce and labor market information
system described in subsection (a), including the development of consistent procedures and definitions for use by
the States in collecting the data and information described
in subparagraphs (A) and (B) of subsection (a)(1).
‘‘(F) Establish procedures for the system to ensure
that—
‘‘(i) such data and information are timely; and
‘‘(ii) paperwork and reporting for the system are
reduced to a minimum.’’.
(d) TWO-YEAR PLAN.—Section 15 of the Wagner-Peyser Act (29
U.S.C. 49l–2) is amended by striking subsection (c) and inserting
the following:
‘‘(c) TWO-YEAR PLAN.—The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, and in consultation with the Workforce
Information Advisory Council described in subsection (d) and heads
of other appropriate Federal agencies, shall prepare a 2-year plan
for the workforce and labor market information system. The plan
shall be developed and implemented in a manner that takes into
account the activities described in State plans submitted by States
under section 102 or 103 of the Workforce Innovation and Opportunity Act and shall be submitted to the Committee on Education
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128 STAT. 1629
and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
The plan shall include—
‘‘(1) a description of how the Secretary will work with
the States to manage the nationwide workforce and labor
market information system described in subsection (a) and
the statewide workforce and labor market information systems
that comprise the nationwide system;
‘‘(2) a description of the steps to be taken in the following
2 years to carry out the duties described in subsection (b)(2);
‘‘(3) an evaluation of the performance of the system, with
particular attention to the improvements needed at the State
and local levels;
‘‘(4) a description of the involvement of States in the
development of the plan, through consultation by the Secretary
with the Workforce Information Advisory Council in accordance
with subsection (d); and
‘‘(5) a description of the written recommendations received
from the Workforce Information Advisory Council established
under subsection (d), and the extent to which those recommendations were incorporated into the plan.’’.
(e) WORKFORCE INFORMATION ADVISORY COUNCIL.—Section 15
of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by striking
subsection (d) and inserting the following:
‘‘(d) WORKFORCE INFORMATION ADVISORY COUNCIL.—
‘‘(1) IN GENERAL.—The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, shall formally consult at least twice
annually with the Workforce Information Advisory Council
established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the
nationwide workforce and labor market information system
described in subsection (a) and the statewide workforce and
labor market information systems that comprise the nationwide
system and how the Department of Labor and the States will
cooperate in the management of such systems. The Council
shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide
system, including any recommendations regarding the 2-year
plan described in subsection (c).
‘‘(2) ESTABLISHMENT OF COUNCIL.—
‘‘(A) ESTABLISHMENT.—The Secretary shall establish
an advisory council that shall be known as the Workforce
Information Advisory Council (referred to in this section
as the ‘Council’) to participate in the consultations and
provide the recommendations described in paragraph (1).
‘‘(B) MEMBERSHIP.—The Secretary shall appoint the
members of the Council, which shall consist of—
‘‘(i) 4 members who are representatives of lead
State agencies with responsibility for workforce investment activities, or State agencies described in section
4, who have been nominated by such agencies or by
a national organization that represents such agencies;
‘‘(ii) 4 members who are representatives of the
State workforce and labor market information directors
affiliated with the State agencies that perform the
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Evaluation.
Consultation.
Deadline.
Recommendations.
Appointments.
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128 STAT. 1630
PUBLIC LAW 113–128—JULY 22, 2014
duties described in subsection (e)(2), who have been
nominated by the directors;
‘‘(iii) 1 member who is a representative of providers
of training services under section 122 of the Workforce
Innovation and Opportunity Act;
‘‘(iv) 1 member who is a representative of economic
development entities;
‘‘(v) 1 member who is a representative of
businesses, who has been nominated by national business organizations or trade associations;
‘‘(vi) 1 member who is a representative of labor
organizations, who has been nominated by a national
labor federation;
‘‘(vii) 1 member who is a representative of local
workforce development boards, who has been nominated by a national organization representing such
boards; and
‘‘(viii) 1 member who is a representative of
research entities that utilize workforce and labor
market information.
‘‘(C) GEOGRAPHIC DIVERSITY.—The Secretary shall
ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed
under clauses (i), (ii), and (vii) represent the same State.
‘‘(D) PERIOD OF APPOINTMENT; VACANCIES.—
‘‘(i) IN GENERAL.—Each member of the Council
shall be appointed for a term of 3 years, except that
the initial terms for members may be 1, 2, or 3 years
in order to establish a rotation in which one-third
of the members are selected each year. Any such
member may be appointed for not more than 2 consecutive terms.
‘‘(ii) VACANCIES.—Any member appointed to fill a
vacancy occurring before the expiration of the term
for which the member’s predecessor was appointed
shall be appointed only for the remainder of that term.
A member may serve after the expiration of that member’s term until a successor has taken office.
‘‘(E) TRAVEL EXPENSES.—The members of the Council
shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their
homes or regular places of business in the performance
of services for the Council. Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept
the voluntary and uncompensated services of members of
the Council.
‘‘(F) PERMANENT COUNCIL.—Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Council.’’.
(f) STATE RESPONSIBILITIES.—Section 15(e) of the WagnerPeyser Act (29 U.S.C. 49l–2(e)) is amended—
(1) by striking ‘‘employment statistics’’ each place it appears
and inserting ‘‘workforce and labor market information’’;
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128 STAT. 1631
(2) in paragraph (1)(A) by striking ‘‘annual plan’’ and
inserting ‘‘plan described in subsection (c)’’;
(3) in paragraph (2)—
(A) in subparagraph (G), by inserting ‘‘and’’ at the
end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ‘‘section 136(f)(2)
of the Workforce Investment Act of 1998’’ and inserting
‘‘section 116(i)(2) of the Workforce Innovation and Opportunity Act’’; and
(D) by redesignating subparagraph (I) as subparagraph
(H).
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 15(g) of the
Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking
‘‘such sums as may be necessary for each of the fiscal years 1999
through 2004’’ and inserting ‘‘$60,153,000 for fiscal year 2015,
$64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017,
$67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019,
and $70,667,000 for fiscal year 2020’’.
TITLE IV—AMENDMENTS TO THE
REHABILITATION ACT OF 1973
Subtitle A—Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall
be considered to be made to a provision of the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.).
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SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) FINDINGS.—Section 2(a) (29 U.S.C. 701(a)) is amended—
(1) in paragraph (4), by striking ‘‘workforce investment
systems under title I of the Workforce Investment Act of 1998’’
and inserting ‘‘workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act’’;
(2) in paragraph (5), by striking ‘‘and’’ at the end;
(3) in paragraph (6), by striking the period and inserting
‘‘; and’’; and
(4) by adding at the end the following:
‘‘(7)(A) a high proportion of students with disabilities is
leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary
education; and
‘‘(B) there is a substantial need to support such students
as they transition from school to postsecondary life.’’.
(b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘workforce investment systems implemented in accordance with title I of
the Workforce Investment Act of 1998’’ and inserting
‘‘workforce development systems defined in section 3 of
the Workforce Innovation and Opportunity Act’’; and
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(B) at the end of subparagraph (F), by striking ‘‘and’’;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
‘‘(2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for
competitive integrated employment;’’;
(4) in paragraph (3), as redesignated by paragraph (2),
by striking the period at the end and inserting a semicolon;
and
(5) by adding at the end the following:
‘‘(4) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful input by employers and vocational
rehabilitation service providers on successful and prospective
employment and placement strategies; and
‘‘(5) to ensure, to the greatest extent possible, that youth
with disabilities and students with disabilities who are
transitioning from receipt of special education services under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) and receipt of services under section 504 of this Act
have opportunities for postsecondary success.’’.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended—
(1) in subsection (a)—
(A) in the first sentence, by inserting ‘‘in the Department of Education’’ after ‘‘Secretary’’;
(B) by striking the second sentence and inserting ‘‘Such
Administration shall be the principal agency, and the
Commissioner shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and
chapter 2 of title VII.’’; and
(C) in the fourth and sixth sentences, by inserting
‘‘of Education’’ after ‘‘Secretary’’ the first place it appears;
and
(2) in subsection (b), by inserting ‘‘of Education’’ after ‘‘Secretary’’.
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SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended—
(1) in paragraph (2)(B)—
(A) in clause (iii), by striking ‘‘and’’ at the end;
(B) in clause (iv), by striking the semicolon and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(v) to the maximum extent possible, relies on
information obtained from experiences in integrated
employment settings in the community, and other
integrated community settings;’’;
(2) by striking paragraphs (3) and (4) and inserting the
following:
‘‘(3) ASSISTIVE TECHNOLOGY TERMS.—
‘‘(A) ASSISTIVE TECHNOLOGY.—The term ‘assistive technology’ has the meaning given such term in section 3
of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.—The term
‘assistive technology device’ has the meaning given such
term in section 3 of the Assistive Technology Act of 1998,
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128 STAT. 1633
except that the reference in such section to the term
‘individuals with disabilities’ shall be deemed to mean more
than 1 individual with a disability as defined in paragraph
(20)(A)).
‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.—The term
‘assistive technology service’ has the meaning given such
term in section 3 of the Assistive Technology Act of 1998,
except that the reference in such section—
‘‘(i) to the term ‘individual with a disability’ shall
be deemed to mean an individual with a disability,
as defined in paragraph (20)(A); and
‘‘(ii) to the term ‘individuals with disabilities’ shall
be deemed to mean more than 1 such individual.’’;
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as redesignated by paragraph (3)—
(A) by redesignating subparagraphs (O) through (Q)
as subparagraphs (P) through (R), respectively;
(B) by inserting after subparagraph (N) the following:
‘‘(O) customized employment;’’; and
(C) in subparagraph (R), as redesignated by subparagraph (A) of this paragraph, by striking ‘‘(P)’’ and inserting
‘‘(Q)’’;
(5) by inserting before paragraph (6) the following:
‘‘(5) COMPETITIVE INTEGRATED EMPLOYMENT.—The term
‘competitive integrated employment’ means work that is performed on a full-time or part-time basis (including self-employment)—
‘‘(A) for which an individual—
‘‘(i) is compensated at a rate that—
‘‘(I)(aa) shall be not less than the higher of
the rate specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1))
or the rate specified in the applicable State or
local minimum wage law; and
‘‘(bb) is not less than the customary rate paid
by the employer for the same or similar work
performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer
and who have similar training, experience, and
skills; or
‘‘(II) in the case of an individual who is selfemployed, yields an income that is comparable
to the income received by other individuals who
are not individuals with disabilities, and who are
self-employed in similar occupations or on similar
tasks and who have similar training, experience,
and skills; and
‘‘(ii) is eligible for the level of benefits provided
to other employees;
‘‘(B) that is at a location where the employee interacts
with other persons who are not individuals with disabilities
(not including supervisory personnel or individuals who
are providing services to such employee) to the same extent
that individuals who are not individuals with disabilities
and who are in comparable positions interact with other
persons; and
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PUBLIC LAW 113–128—JULY 22, 2014
‘‘(C) that, as appropriate, presents opportunities for
advancement that are similar to those for other employees
who are not individuals with disabilities and who have
similar positions.’’;
(6) in paragraph (6)(B), by striking ‘‘includes’’ and all that
follows through ‘‘fees’’ and inserting ‘‘includes architects’ fees’’;
(7) by inserting after paragraph (6) the following:
‘‘(7) CUSTOMIZED EMPLOYMENT.—The term ‘customized
employment’ means competitive integrated employment, for an
individual with a significant disability, that is based on an
individualized determination of the strengths, needs, and
interests of the individual with a significant disability, is
designed to meet the specific abilities of the individual with
a significant disability and the business needs of the employer,
and is carried out through flexible strategies, such as—
‘‘(A) job exploration by the individual;
‘‘(B) working with an employer to facilitate placement,
including—
‘‘(i) customizing a job description based on current
employer needs or on previously unidentified and
unmet employer needs;
‘‘(ii) developing a set of job duties, a work schedule
and job arrangement, and specifics of supervision
(including performance evaluation and review), and
determining a job location;
‘‘(iii) representation by a professional chosen by
the individual, or self-representation of the individual,
in working with an employer to facilitate placement;
and
‘‘(iv) providing services and supports at the job
location.’’;
(8) in paragraph (11)—
(A) in subparagraph (C)—
(i) by inserting ‘‘of Education’’ after ‘‘Secretary’’;
and
(ii) by inserting ‘‘customized employment,’’ before
‘‘self-employment,’’;
(9) in paragraph (12), by inserting ‘‘of Education’’ after
‘‘Secretary’’ each place it appears;
(10) in paragraph (14)(C), by inserting ‘‘of Education’’ after
‘‘Secretary’’;
(11) in paragraph (17)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) services that—
‘‘(i) facilitate the transition of individuals with
significant disabilities from nursing homes and other
institutions to home and community-based residences,
with the requisite supports and services;
‘‘(ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions
so that the individuals may remain in the community;
and
‘‘(iii) facilitate the transition of youth who are
individuals with significant disabilities, who were
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128 STAT. 1635
eligible for individualized education programs under
section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed
their secondary education or otherwise left school, to
postsecondary life.’’;
(12) in paragraph (18), by striking ‘‘term’’ and all that
follows through ‘‘includes—’’ and inserting ‘‘term ‘independent
living services’ includes—’’;
(13) in paragraph (19)—
(A) in subparagraph (A), by inserting before the period
the following: ‘‘and includes a Native and a descendant
of a Native, as such terms are defined in subsections (b)
and (r) of section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)’’; and
(B) in subparagraph (B), by inserting before the period
the following: ‘‘and a tribal organization (as defined in
section 4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l)))’’;
(14) in paragraph (23), by striking ‘‘section 101’’ and
inserting ‘‘section 102’’;
(15) by striking paragraph (25) and inserting the following:
‘‘(25) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term
‘local workforce development board’ means a local board, as
defined in section 3 of the Workforce Innovation and Opportunity Act.’’;
(16) by striking paragraph (37);
(17) by redesignating paragraphs (29) through (39) as paragraphs (31) through (36), and (38) through (41), respectively;
(18) by inserting after paragraph (28) the following:
‘‘(30) PRE-EMPLOYMENT TRANSITION SERVICES.—The term
‘pre-employment transition services’ means services provided
in accordance with section 113.’’;
(19) by striking paragraph (33), as redesignated by paragraph (17), and inserting the following:
‘‘(33) SECRETARY.—Unless where the context otherwise
requires, the term ‘Secretary’—
‘‘(A) used in title I, III, IV, V, VI, or chapter 2 of
title VII, means the Secretary of Education; and
‘‘(B) used in title II or chapter 1 of title VII, means
the Secretary of Health and Human Services.’’;
(20) by striking paragraphs (35) and (36), as redesignated
by paragraph (17), and inserting the following:
‘‘(35) STATE WORKFORCE DEVELOPMENT BOARD.—The term
‘State workforce development board’ means a State board, as
defined in section 3 of the Workforce Innovation and Opportunity Act.
‘‘(36) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM.—The
term ‘statewide workforce development system’ means a
workforce development system, as defined in section 3 of the
Workforce Innovation and Opportunity Act.’’;
(21) by inserting after that paragraph (36) the following:
‘‘(37) STUDENT WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘student with a disability’
means an individual with a disability who—
‘‘(i)(I)(aa) is not younger than the earliest age for
the provision of transition services under section
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128 STAT. 1636
PUBLIC LAW 113–128—JULY 22, 2014
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or
‘‘(bb) if the State involved elects to use a lower
minimum age for receipt of pre-employment transition
services under this Act, is not younger than that minimum age; and
‘‘(II)(aa) is not older than 21 years of age; or
‘‘(bb) if the State law for the State provides for
a higher maximum age for receipt of services under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), is not older than that maximum
age; and
‘‘(ii)(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.); or
‘‘(II) is an individual with a disability, for purposes
of section 504.
‘‘(B) STUDENTS WITH DISABILITIES.—The term ‘students
with disabilities’ means more than 1 student with a disability.’’;
(22) by striking paragraphs (38) and (39), as redesignated
by paragraph (17), and inserting the following:
‘‘(38) SUPPORTED EMPLOYMENT.—The term ‘supported
employment’ means competitive integrated employment,
including customized employment, or employment in an
integrated work setting in which individuals are working on
a short-term basis toward competitive integrated employment,
that is individualized and customized consistent with the
strengths, abilities, interests, and informed choice of the
individuals involved, for individuals with the most significant
disabilities—
‘‘(A)(i) for whom competitive integrated employment
has not historically occurred; or
‘‘(ii) for whom competitive integrated employment has
been interrupted or intermittent as a result of a significant
disability; and
‘‘(B) who, because of the nature and severity of their
disability, need intensive supported employment services
and extended services after the transition described in
paragraph (13)(C), in order to perform the work involved.
‘‘(39) SUPPORTED EMPLOYMENT SERVICES.—The term ‘supported employment services’ means ongoing support services,
including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that—
‘‘(A) are provided singly or in combination and are
organized and made available in such a way as to assist
an eligible individual to achieve competitive integrated
employment;
‘‘(B) are based on a determination of the needs of
an eligible individual, as specified in an individualized
plan for employment; and
‘‘(C) are provided by the designated State unit for
a period of not more than 24 months, except that period
may be extended, if necessary, in order to achieve the
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128 STAT. 1637
employment outcome identified in the individualized plan
for employment.’’;
(23) in paragraph (41), as redesignated by paragraph (17),
by striking ‘‘as defined in section 101 of the Workforce Investment Act of 1998’’ and inserting ‘‘as defined in section 3 of
the Workforce Innovation and Opportunity Act’’; and
(24) by inserting after paragraph (41), as redesignated by
paragraph (17), the following:
‘‘(42) YOUTH WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘youth with a disability’
means an individual with a disability who—
‘‘(i) is not younger than 14 years of age; and
‘‘(ii) is not older than 24 years of age.
‘‘(B) YOUTH WITH DISABILITIES.—The term ‘youth with
disabilities’ means more than 1 youth with a disability.’’.
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SEC. 405. ADMINISTRATION OF THE ACT.
(a) PROMULGATION.—Section 8(a)(2) (29 U.S.C. 706(a)(2)) is
amended by inserting ‘‘of Education’’ after ‘‘Secretary’’.
(b) PRIVACY.—Section 11 (29 U.S.C. 708) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The provisions’’; and
(2) by adding at the end the following:
‘‘(b) Section 501 of the Workforce Innovation and Opportunity
Act shall apply, as specified in that section, to amendments to
this Act that were made by the Workforce Innovation and Opportunity Act.’’.
(c) ADMINISTRATION.—Section 12 (29 U.S.C. 709) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; and
(ii) by adding at the end the following:
‘‘(B) provide technical assistance to the designated
State units on developing successful partnerships with local
and multi-State businesses in an effort to increase the
employment of individuals with disabilities;
‘‘(C) provide technical assistance to providers and
organizations on developing self-employment opportunities
and outcomes for individuals with disabilities; and
‘‘(D) provide technical assistance to entities carrying
out community rehabilitation programs to build their
internal capacity to provide individualized services and
supports leading to competitive integrated employment,
and to transition individuals with disabilities away from
nonintegrated settings;’’; and
(B) in paragraph (2), by striking ‘‘, centers for independent living,’’;
(2) in subsection (c), by striking ‘‘Commissioner’’ the first
place it appears and inserting ‘‘Secretary of Education’’;
(3) in subsection (d), by inserting ‘‘of Education’’ after ‘‘Secretary’’;
(4) in subsection (e)—
(A) by striking ‘‘Rehabilitation Act Amendments of
1998’’ each place it appears and inserting ‘‘Workforce
Innovation and Opportunity Act’’; and
(B) by inserting ‘‘of Education’’ after ‘‘Secretary’’;
(5) in subsection (f), by inserting ‘‘of Education’’ after ‘‘Secretary’’;
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PUBLIC LAW 113–128—JULY 22, 2014
(6)(A) in subsection (c), by striking ‘‘(c)’’ and inserting
‘‘(c)(1)’’;
(B) in subsection (d), by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;
(C) in subsection (e), by striking ‘‘(e)’’ and inserting ‘‘(2)’’;
(D) in subsection (f), by striking ‘‘(f)’’ and inserting ‘‘(2)’’;
and
(E) by moving paragraph (2) (as redesignated by subparagraph (D)) to the end of subsection (c); and
(7) by inserting after subsection (d) the following:
‘‘(e)(1) The Administrator of the Administration for Community
Living (referred to in this subsection as the ‘Administrator’) may
carry out the authorities and shall carry out the responsibilities
of the Commissioner described in paragraphs (1)(A) and (2) through
(4) of subsection (a), and subsection (b), except that, for purposes
of applying subsections (a) and (b), a reference in those subsections—
‘‘(A) to facilitating meaningful and effective participation
shall be considered to be a reference to facilitating meaningful
and effective collaboration with independent living programs,
and promoting a philosophy of independent living for individuals with disabilities in community activities; and
‘‘(B) to training for personnel shall be considered to be
a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils.
‘‘(2) The Secretary of Health and Human Services may carry
out the authorities and shall carry out the responsibilities of the
Secretary of Education described in subsections (c) and (d).
‘‘(f)(1) In subsections (a) through (d), a reference to ‘this Act’
means a provision of this Act that the Secretary of Education
has authority to carry out; and
‘‘(2) In subsection (e), for purposes of applying subsections (a)
through (d), a reference in those subsections to ‘this Act’ means
a provision of this Act that the Secretary of Health and Human
Services has authority to carry out.’’.
SEC. 406. REPORTS.
Public
information.
Section 13 (29 U.S.C. 710) is amended—
(1) in section (c)—
(A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and
(B) in the second sentence, by striking ‘‘section 136(d)
of the Workforce Investment Act of 1998’’ and inserting
‘‘section 116(d)(2) of the Workforce Innovation and Opportunity Act’’; and
(2) by adding at the end the following:
‘‘(d) The Commissioner shall ensure that the report described
in this section is made publicly available in a timely manner,
including through electronic means, in order to inform the public
about the administration and performance of programs under this
Act.’’.
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SEC. 407. EVALUATION AND INFORMATION.
(a) EVALUATION.—Section 14 (29 U.S.C. 711) is amended—
(1) by inserting ‘‘of Education’’ after ‘‘Secretary’’ each place
it appears;
(2) in subsection (f)(2), by inserting ‘‘competitive’’ before
‘‘integrated employment’’;
(3)(A) in subsection (b), by striking ‘‘(b)’’ and inserting
‘‘(b)(1)’’;
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128 STAT. 1639
(B) in subsection (c), by striking ‘‘(c)’’ and inserting ‘‘(2)’’;
(C) in subsection (d), by striking ‘‘(d)’’ and inserting ‘‘(3)’’;
and
(D) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively;
(4) by inserting after subsection (d), as redesignated by
paragraph (3)(D), the following:
‘‘(e)(1) The Secretary of Health and Human Services may carry
out the authorities and shall carry out the responsibilities of the
Secretary of Education described in subsections (a) and (b).
‘‘(2) The Administrator of the Administration for Community
Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1),
except that, for purposes of applying those subsections, a reference
in those subsections to exemplary practices shall be considered
to be a reference to exemplary practices concerning independent
living services and centers for independent living.
‘‘(f)(1) In subsections (a) through (d), a reference to ‘this Act’
means a provision of this Act that the Secretary of Education
has authority to carry out; and
‘‘(2) In subsection (e), for purposes of applying subsections (a),
(b), and (d), a reference in those subsections to ‘this Act’ means
a provision of this Act that the Secretary of Health and Human
Services has authority to carry out.’’.
(b) INFORMATION.—Section 15 (29 U.S.C. 712) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘of Education’’ after ‘‘Secretary’’ each
place it appears; and
(B) in paragraph (1), by striking ‘‘State workforce
investment boards’’ and inserting ‘‘State workforce development boards’’; and
(2) in subsection (b), by striking ‘‘Secretary’’ and inserting
‘‘Secretary of Education’’.
SEC. 408. CARRYOVER.
Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by striking
‘‘part B of title VI’’ and inserting ‘‘title VI’’.
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SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in the first sentence, by striking ‘‘racial’’ and
inserting ‘‘demographic’’;
(ii) in the second sentence—
(I) by striking ‘‘rate of increase’’ the first place
it appears and inserting ‘‘percentage increase from
2000 to 2010’’;
(II) by striking ‘‘is 3.2’’ and inserting ‘‘was
9.7’’;
(III) by striking ‘‘rate of increase’’ and
inserting ‘‘percentage increase’’;
(IV) by striking ‘‘is much’’ and inserting ‘‘was
much’’;
(V) by striking ‘‘38.6’’ and inserting ‘‘43.0’’;
(VI) by striking ‘‘14.6’’ and inserting ‘‘12.3’’;
(VII) by striking ‘‘40.1’’ and inserting ‘‘43.2’’;
and
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PUBLIC LAW 113–128—JULY 22, 2014
(VIII) by striking ‘‘and other ethnic groups’’;
and
(iii) by striking the last sentence; and
(B) in paragraph (2), by striking the second and third
sentences and inserting the following: ‘‘In 2011—
‘‘(A) among Americans ages 16 through 64, the rate
of disability was 12.1 percent;
‘‘(B) among African-Americans in that age range, the
disability rate was more than twice as high, at 27.1 percent;
and
‘‘(C) for American Indians and Alaska Natives in the
same age range, the disability rate was also more than
twice as high, at 27.0 percent.’’;
(2) in subsection (b)(1), by striking ‘‘National Institute on
Disability and Rehabilitation Research’’ and inserting ‘‘National
Institute on Disability, Independent Living, and Rehabilitation
Research’’; and
(3) in subsection (c), by striking ‘‘Director’’ and inserting
‘‘Director of the National Institute on Disability, Independent
Living, and Rehabilitation Research’’.
Subtitle B—Vocational Rehabilitation
Services
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SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS.
(a) FINDINGS; PURPOSE; POLICY.—Section 100(a) (29 U.S.C.
720(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘integrated’’ and
inserting ‘‘competitive integrated employment’’;
(B) in subparagraph (D)(iii), by striking ‘‘medicare and
medicaid’’ and inserting ‘‘Medicare and Medicaid’’;
(C) in subparagraph (F), by striking ‘‘investment’’ and
inserting ‘‘development’’; and
(D) in subparagraph (G)—
(i) by striking ‘‘workforce investment systems’’ and
inserting ‘‘workforce development systems’’; and
(ii) by striking ‘‘workforce investment activities’’
and inserting ‘‘workforce development activities’’;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development
system’’; and
(B) in subparagraph (B), by striking ‘‘and informed
choice,’’ and inserting ‘‘informed choice, and economic selfsufficiency,’’; and
(3) in paragraph (3)—
(A) in subparagraph (B), by striking ‘‘gainful employment in integrated settings’’ and inserting ‘‘competitive
integrated employment’’; and
(B) in subparagraph (E), by inserting ‘‘should’’ before
‘‘facilitate’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 100(b)(1) (29
U.S.C. 720(b)(1)) is amended by striking ‘‘such sums as may be
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128 STAT. 1641
necessary for fiscal years 1999 through 2003’’ and inserting
‘‘$3,302,053,000 for each of the fiscal years 2015 through 2020’’.
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SEC. 412. STATE PLANS.
(a) PLAN REQUIREMENTS.—Section 101(a) (29 U.S.C. 721(a))
is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘to participate’’
and all that follows and inserting ‘‘to receive funds under
this title for a fiscal year, a State shall submit, and have
approved by the Secretary and the Secretary of Labor,
a unified State plan in accordance with section 102, or
a combined State plan in accordance with section 103,
of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion
of the plan described in section 102(b)(2)(D) of such Act
(referred to in this subsection as the ‘vocational rehabilitation services portion’), the provisions of a State plan for
vocational rehabilitation services, described in this subsection.’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘in the State plan for vocational
rehabilitation services,’’ and inserting ‘‘as part of the
vocational rehabilitation services portion of the unified
or combined State plan submitted in accordance with
subparagraph (A),’’; and
(ii) by striking ‘‘Rehabilitation Act Amendments
of 1998’’ and inserting ‘‘Workforce Innovation and
Opportunity Act’’; and
(C) in subparagraph (C)—
(i) by striking ‘‘The State plan shall remain in
effect subject to the submission of such modifications’’
and inserting ‘‘The vocational rehabilitation services
portion of the unified or combined State plan submitted
in accordance with subparagraph (A) shall remain in
effect until the State submits and receives approval
of a new State plan in accordance with subparagraph
(A), or until the submission of such modifications’’;
and
(ii) by striking ‘‘, until the State submits and
receives approval of a new State plan’’;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘The State plan’’
and inserting ‘‘The State plan for vocational rehabilitation
services’’; and
(B) in subparagraph (B)(ii)—
(i) in subclause (II), by inserting ‘‘who is responsible for the day-to-day operation of the vocational
rehabilitation program’’ before the semicolon;
(ii) in subclause (III), by striking ‘‘and’’ at the
end;
(iii) in subclause (IV), by striking the period and
inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(V) has the sole authority and responsibility
within the designated State agency described in
subparagraph (A) to expend funds made available
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128 STAT. 1642
PUBLIC LAW 113–128—JULY 22, 2014
under this title in a manner that is consistent
with the purposes of this title.’’;
(3) in paragraph (5)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (D) as subparagraph (E); and
(C) by inserting after subparagraph (C) the following:
‘‘(D) notwithstanding subparagraph (C), permit the
State, in its discretion, to elect to serve eligible individuals
(whether or not receiving vocational rehabilitation services)
who require specific services or equipment to maintain
employment; and’’;
(4) in paragraph (7)—
(A) in subparagraph (A)(v)—
(i) in subclause (I), after ‘‘rehabilitation technology’’
insert the following: ‘‘, including training implemented
in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act
of 1998 (29 U.S.C. 3003)’’; and
(ii) in subclause (II), by striking ‘‘Rehabilitation
Act Amendments of 1998’’ and inserting ‘‘Workforce
Innovation and Opportunity Act’’; and
(B) in subparagraph (B), by striking clause (ii) and
inserting the following:
‘‘(ii) the establishment and maintenance of education and experience requirements, to ensure that
the personnel have a 21st century understanding of
the evolving labor force and the needs of individuals
with disabilities, including requirements for—
‘‘(I)(aa) attainment of a baccalaureate degree
in a field of study reasonably related to vocational
rehabilitation, to indicate a level of competency
and skill demonstrating basic preparation in a field
of study such as vocational rehabilitation counseling, social work, psychology, disability studies,
business administration, human resources, special
education, supported employment, customized
employment, economics, or another field that
reasonably prepares individuals to work with consumers and employers; and
‘‘(bb) demonstrated paid or unpaid experience,
for not less than 1 year, consisting of—
‘‘(AA) direct work with individuals with
disabilities in a setting such as an independent
living center;
‘‘(BB) direct service or advocacy activities
that provide such individual with experience
and skills in working with individuals with
disabilities; or
‘‘(CC) direct experience as an employer,
as a small business owner or operator, or in
self-employment, or other experience in
human resources, recruitment, or experience
in supervising employees, training, or other
activities that provide experience in competitive integrated employment environments; or
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128 STAT. 1643
‘‘(II) attainment of a master’s or doctoral
degree in a field of study such as vocational
rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that
reasonably provides competence in the employment
sector, in a disability field, or in both businessrelated and rehabilitation-related fields; and’’;
(5) in paragraph (8)—
(A) in subparagraph (A)(i)—
(i) by inserting ‘‘an accommodation or auxiliary
aid or service or’’ after ‘‘prior to providing’’; and
(ii) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’;
(B) in subparagraph (B)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘medicaid’’ and inserting ‘‘Medicaid’’;
(II) by striking ‘‘workforce investment system’’
and inserting ‘‘workforce development system’’;
(III) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’;
(IV) by inserting ‘‘and, if appropriate, accommodations or auxiliary aids and services,’’ before
‘‘that are included’’; and
(V) by striking ‘‘provision of such vocational
rehabilitation services’’ and inserting ‘‘provision of
such vocational rehabilitation services (including,
if appropriate, accommodations or auxiliary aids
and services)’’; and
(ii) in clause (iv)—
(I) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’;
and
(II) by inserting ‘‘, and accommodations or
auxiliary aids and services’’ before the period; and
(C) in subparagraph (C)(i), by striking ‘‘(5)(D)’’ and
inserting ‘‘(5)(E)’’;
(6) in paragraph (10)—
(A) in subparagraph (B), by striking ‘‘annual’’ and all
that follows through ‘‘of 1998’’ and inserting ‘‘annual
reporting of information, on eligible individuals receiving
the services, that is necessary to assess the State’s performance on the standards and indicators described in section
106(a)’’;
(B) in subparagraph (C)—
(i) in the matter preceding clause (i), by inserting
‘‘, from each State,’’ after ‘‘additional data’’;
(ii) by striking clause (i) and inserting:
‘‘(i) the number of applicants and the number of
individuals determined to be eligible or ineligible for
the program carried out under this title, including
the number of individuals determined to be ineligible
(disaggregated by type of disability and age);’’;
(iii) in clause (ii)—
(I) in subclause (I), by striking ‘‘(5)(D)’’ and
inserting ‘‘(5)(E)’’;
(II) in subclause (II), by striking ‘‘and’’ at the
end; and
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128 STAT. 1644
PUBLIC LAW 113–128—JULY 22, 2014
(III) by adding at the end the following:
‘‘(IV) the number of individuals with open
cases (disaggregated by those who are receiving
training and those who are in postsecondary education), and the type of services the individuals
are receiving (including supported employment);
‘‘(V) the number of students with disabilities
who are receiving pre-employment transition services under this title: and
‘‘(VI) the number of individuals referred to
State vocational rehabilitation programs by onestop operators (as defined in section 3 of the
Workforce Innovation and Opportunity Act), and
the number of individuals referred to such onestop operators by State vocational rehabilitation
programs;’’; and
(iv) in clause (iv)(I), by inserting before the semicolon the following: ‘‘and, for those who achieved
employment outcomes, the average length of time to
obtain employment’’;
(C) in subparagraph (D)(i), by striking ‘‘title I of the
Workforce Investment Act of 1998’’ and inserting ‘‘title
I of the Workforce Innovation and Opportunity Act’’;
(D) in subparagraph (E)(ii), by striking ‘‘of the State’’
and all that follows and inserting ‘‘of the State in meeting
the standards and indicators established pursuant to section 106.’’; and
(E) by adding at the end the following:
FOR
REPORTING
OF
DATA.—The
‘‘(G)
RULES
disaggregation of data under this Act shall not be required
within a category if the number of individuals in a category
is insufficient to yield statistically reliable information, or
if the results would reveal personally identifiable information about an individual.
‘‘(H) COMPREHENSIVE REPORT.—The State plan shall
specify that the Commissioner will provide an annual comprehensive report that includes the reports and data
required under this section, as well as a summary of the
reports and data, for each fiscal year. The Commissioner
shall submit the report to the Committee on Education
and the Workforce of the House of Representatives, the
Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end
of the fiscal year involved.’’;
(7) in paragraph (11)—
(A) in subparagraph (A)—
(i) in the subparagraph header, by striking
‘‘WORKFORCE INVESTMENT SYSTEMS’’ and inserting
‘‘WORKFORCE DEVELOPMENT SYSTEMS’’;
(ii) in the matter preceding clause (i), by striking
‘‘workforce
investment
system’’
and
inserting
‘‘workforce development system’’;
(iii) in clause (i)(II)—
(I) by striking ‘‘investment’’ and inserting
‘‘development’’; and
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128 STAT. 1645
(II) by inserting ‘‘(including programmatic
accessibility and physical accessibility)’’ after ‘‘program accessibility’’;
(iv) in clause (ii), by striking ‘‘workforce investment
system’’ and inserting ‘‘workforce development system’’;
and
(v) in clause (v), by striking ‘‘workforce investment
system’’ and inserting ‘‘workforce development system’’;
(B) in subparagraph (B), by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development
system’’;
(C) in subparagraph (C)—
(i) by inserting ‘‘the State programs carried out
under section 4 of the Assistive Technology Act of
1998 (29 U.S.C. 3003),’’ after ‘‘including’’;
(ii) by inserting ‘‘, noneducational agencies serving
out-of-school youth,’’ after ‘‘Agriculture’’; and
(iii) by striking ‘‘such agencies and programs’’ and
inserting ‘‘such Federal, State, and local agencies and
programs’’; and
(iv) by striking ‘‘workforce investment system’’ and
inserting ‘‘workforce development system’’;
(D) in subparagraph (D)—
(i) in the matter preceding clause (i), by inserting
‘‘, including pre-employment transition services,’’ before
‘‘under this title’’;
(ii) in clause (i), by inserting ‘‘, which may be
provided using alternative means for meeting participation (such as video conferences and conference
calls),’’ after ‘‘consultation and technical assistance’’;
and
(iii) in clause (ii), by striking ‘‘completion’’ and
inserting ‘‘implementation’’;
(E) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(F) by inserting after subparagraph (D) the following:
‘‘(E) COORDINATION WITH EMPLOYERS.—The State plan
shall describe how the designated State unit will work
with employers to identify competitive integrated employment opportunities and career exploration opportunities,
in order to facilitate the provision of—
‘‘(i) vocational rehabilitation services; and
‘‘(ii) transition services for youth with disabilities
and students with disabilities, such as pre-employment
transition services.’’;
(G) in subparagraph (F), as redesignated by subparagraph (E) of this paragraph—
(i) by inserting ‘‘chapter 1 of’’ after ‘‘part C of’’;
and
(ii) by inserting ‘‘, as appropriate’’ before the
period;
(H) by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following:
‘‘(G) COOPERATIVE AGREEMENT REGARDING INDIVIDUALS
ELIGIBLE FOR HOME AND COMMUNITY-BASED WAIVER PROGRAMS.—The State plan shall include an assurance that
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128 STAT. 1646
PUBLIC LAW 113–128—JULY 22, 2014
the designated State unit has entered into a formal cooperative agreement with the State agency responsible for
administering the State Medicaid plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) and
the State agency with primary responsibility for providing
services and supports for individuals with intellectual
disabilities and individuals with developmental disabilities,
with respect to the delivery of vocational rehabilitation
services, including extended services, for individuals with
the most significant disabilities who have been determined
to be eligible for home and community-based services under
a Medicaid waiver, Medicaid State plan amendment, or
other authority related to a State Medicaid program.’’;
(I) in subparagraph (H), as redesignated by subparagraph (E) of this paragraph—
(i) in clause (ii)—
(I) by inserting ‘‘on or’’ before ‘‘near’’; and
(II) by striking ‘‘and’’ at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
‘‘(iii) strategies for the provision of transition planning, by personnel of the designated State unit, the
State educational agency, and the recipient of funds
under part C, that will facilitate the development and
approval of the individualized plans for employment
under section 102; and’’; and
(J) by adding at the end the following:
‘‘(I) COORDINATION WITH ASSISTIVE TECHNOLOGY PROGRAMS.—The State plan shall include an assurance that
the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the
State under section 4 of the Assistive Technology Act of
1998 (29 U.S.C. 3003), have developed working relationships and will enter into agreements for the coordination
of their activities, including the referral of individuals with
disabilities to programs and activities described in that
section.
‘‘(J) COORDINATION WITH TICKET TO WORK AND SELFSUFFICIENCY PROGRAM.—The State plan shall include an
assurance that the designated State unit will coordinate
activities with any other State agency that is functioning
as an employment network under the Ticket to Work and
Self-Sufficiency Program established under section 1148
of the Social Security Act (42 U.S.C. 1320b–19).
‘‘(K) INTERAGENCY COOPERATION.—The State plan shall
describe how the designated State agency or agencies (if
more than 1 agency is designated under paragraph (2)(A))
will collaborate with the State agency responsible for
administering the State Medicaid plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.), the
State agency responsible for providing services for individuals with developmental disabilities, and the State agency
responsible for providing mental health services, to develop
opportunities for community-based employment in
integrated settings, to the greatest extent practicable.’’;
(8) in paragraph (14)—
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128 STAT. 1647
(A) in the paragraph header, by striking ‘‘ANNUAL’’
and inserting ‘‘SEMIANNUAL’’;
(B) in subparagraph (A)—
(i) by striking ‘‘an annual’’ and inserting ‘‘a semiannual’’;
(ii) by striking ‘‘has achieved an employment outcome’’ and inserting ‘‘is employed’’;
(iii) by striking ‘‘achievement of the outcome’’ and
all that follows through ‘‘representative)’’ and inserting
‘‘beginning of such employment, and annually thereafter’’;
(iv) by striking ‘‘to competitive’’ and all that follows
and inserting the following: ‘‘to competitive integrated
employment or training for competitive integrated
employment;’’;
(C) in subparagraph (B), by striking ‘‘and’’ at the end;
(D) in subparagraph (C), by striking ‘‘the individuals
described’’ and all that follows and inserting ‘‘individuals
described in subparagraph (A) in attaining competitive
integrated employment; and’’; and
(E) by adding at the end the following:
‘‘(D) an assurance that the State will report the
information generated under subparagraphs (A), (B), and
(C), for each of the individuals, to the Administrator of
the Wage and Hour Division of the Department of Labor
for each fiscal year, not later than 60 days after the end
of the fiscal year.’’;
(9) in paragraph (15)—
(A) in subparagraph (A)—
(i) in clause (i)—
(I) in subclause (II), by striking ‘‘and’’ at the
end;
(II) in subclause (III)—
(aa) by striking ‘‘workforce investment
system’’ and inserting ‘‘workforce development
system’’; and
(bb) by adding ‘‘and’’ at the end; and
(III) by adding at the end the following:
‘‘(IV) youth with disabilities, and students with
disabilities, including their need for pre-employment transition services or other transition services;’’;
(ii) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(iii) by inserting after clause (i) the following:
‘‘(ii) include an assessment of the needs of individuals with disabilities for transition services and preemployment transition services, and the extent to
which such services provided under this Act are coordinated with transition services provided under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) in order to meet the needs of individuals
with disabilities.’’;
(B) in subparagraph (B)—
(i) in clause (ii)—
(I) by striking ‘‘part B of title VI’’ and inserting
‘‘title VI’’; and
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(II) by striking ‘‘and’’ at the end;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
‘‘(iii) the number of individuals who are eligible
for services under this title, but are not receiving such
services due to an order of selection; and’’; and
(C) in subparagraph (D)—
(i) by redesignating clauses (iii) through (v) as
clauses (iv) through (vi), respectively;
(ii) by inserting after clause (ii) the following:
‘‘(iii) the methods to be used to improve and expand
vocational rehabilitation services for students with
disabilities, including the coordination of services
designed to facilitate the transition of such students
from the receipt of educational services in school to
postsecondary life (including the receipt of vocational
rehabilitation services under this title, postsecondary
education, employment, and pre-employment transition
services);’’; and
(iii) in clause (vi), as redesignated by clause (i)
of this subparagraph, by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development
system’’;
(10) in paragraph (20), in subparagraphs (A) and (B)(i),
by striking ‘‘workforce investment system’’ and inserting
‘‘workforce development system’’;
(11) in paragraph (22), by striking ‘‘part B of title VI’’
and inserting ‘‘title VI’’; and
(12) by adding at the end the following:
‘‘(25) SERVICES FOR STUDENTS WITH DISABILITIES.—The
State plan shall provide an assurance that, with respect to
students with disabilities, the State—
‘‘(A) has developed and will implement—
‘‘(i) strategies to address the needs identified in
the assessments described in paragraph (15); and
‘‘(ii) strategies to achieve the goals and priorities
identified by the State, in accordance with paragraph
(15), to improve and expand vocational rehabilitation
services for students with disabilities on a statewide
basis; and
‘‘(B) has developed and will implement strategies to
provide pre-employment transition services.
‘‘(26) JOB GROWTH AND DEVELOPMENT.—The State plan
shall provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or occupations
under sections 106(c) and 108 of the Workforce Innovation
and Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities.’’.
(b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) is amended
to read as follows:
‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The State plan
for vocational rehabilitation services shall be subject to—
‘‘(1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is
a portion of the unified State plan described in that section
102; and
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128 STAT. 1649
‘‘(2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which
that State plan for vocational rehabilitation services is a portion
of the combined State plan described in that section 103.’’.
(c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is amended
by adding at the end the following:
‘‘(c) CONSTRUCTION.—Nothing in this part shall be construed
to reduce the obligation under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) of a local educational agency
or any other agency to provide or pay for any transition services
that are also considered special education or related services and
that are necessary for ensuring a free appropriate public education
to children with disabilities within the State involved.’’.
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SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘is an’’ and
inserting ‘‘has undergone an assessment for determining
eligibility and vocational rehabilitation needs and as a
result has been determined to be an’’;
(B) in subparagraph (B), by striking ‘‘or regain employment.’’ and inserting ‘‘advance in, or regain employment
that is consistent with the individual’s strengths, resources,
priorities, concerns, abilities, capabilities, interests, and
informed choice.’’; and
(C) by adding at the end the following: ‘‘For purposes
of an assessment for determining eligibility and vocational
rehabilitation needs under this Act, an individual shall
be presumed to have a goal of an employment outcome.’’;
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) in the subparagraph header, by striking ‘‘DEMONSTRATION’’ and inserting ‘‘APPLICANTS’’; and
(ii) by striking ‘‘, unless’’ and all that follows and
inserting a period; and
(B) in subparagraph (B)—
(i) in the subparagraph header, by striking
‘‘METHODS’’ and inserting ‘‘RESPONSIBILITIES’’;
(ii) in the first sentence—
(I) by striking ‘‘In making the demonstration
required under subparagraph (A),’’ and inserting
‘‘Prior to determining under this subsection that
an applicant described in subparagraph (A) is
unable to benefit due to the severity of the individual’s disability or that the individual is ineligible
for vocational rehabilitation services,’’; and
(II) by striking ‘‘, except under’’ and all that
follows and inserting a period; and
(iii) in the second sentence, by striking ‘‘individual
or to determine’’ and all that follows and inserting
‘‘individual. In providing the trial experiences, the designated State unit shall provide the individual with
the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated
employment.’’;
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(3) in paragraph (3)(A)(ii), by striking ‘‘outcome from’’ and
all that follows and inserting ‘‘outcome due to the severity
of the individual’s disability (as of the date of the determination).’’; and
(4) in paragraph (5)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘If an individual’’ and inserting ‘‘If,
after the designated State unit carries out the activities
described in paragraph (2)(B), a review of existing data,
and, to the extent necessary, the assessment activities
described in section 7(2)(A)(ii), an individual’’; and
(ii) by striking ‘‘title is determined’’ and all that
follows through ‘‘not to be’’ and inserting ‘‘title is determined not to be’’;
(B) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B), as redesignated by subparagraph (B) of this paragraph, the following:
‘‘(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not
be based on assumptions about broad categories of disabilities;’’; and
(D) in clause (i) of subparagraph (C), as redesignated
by subparagraph (B) of this paragraph, by inserting after
‘‘determination’’ the following: ‘‘, including the clear and
convincing evidence that forms the basis for the determination of ineligibility’’.
(b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR EMPLOYMENT, AND RELATED INFORMATION.—Section 102(b) (29 U.S.C.
722(b)) is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘, to the extent determined to be appropriate by the eligible individual,’’; and
(B) by inserting ‘‘or, as appropriate, a disability
advocacy organization’’ after ‘‘counselor’’;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
‘‘(2) INDIVIDUALS DESIRING TO ENTER THE WORKFORCE.—
For an individual entitled to benefits under title II or XVI
of the Social Security Act (42 U.S.C. 401 et seq., 1381 et
seq.) on the basis of a disability or blindness, the designated
State unit shall provide to the individual general information
on additional supports and assistance for individuals with
disabilities desiring to enter the workforce, including assistance
with benefits planning.’’;
(4) in paragraph (3), as redesignated by paragraph (2)
of this subsection—
(A) in subparagraph (E)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the period and
inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(iii) amended, as necessary, to include the
postemployment services and service providers that
are necessary for the individual to maintain or regain
employment, consistent with the individual’s strengths,
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128 STAT. 1651
resources, priorities, concerns, abilities, capabilities,
interests, and informed choice.’’; and
(B) by adding at the end the following:
‘‘(F) TIMEFRAME FOR COMPLETING THE INDIVIDUALIZED
PLAN FOR EMPLOYMENT.—The individualized plan for
employment shall be developed as soon as possible, but
not later than a deadline of 90 days after the date of
the determination of eligibility described in paragraph (1),
unless the designated State unit and the eligible individual
agree to an extension of that deadline to a specific date
by which the individualized plan for employment shall
be completed.’’; and
(5) in paragraph (4), as redesignated by paragraph (2)
of this subsection—
(A) in subparagraph (A), by striking ‘‘choice of the’’
and all that follows and inserting ‘‘choice of the eligible
individual, consistent with the general goal of competitive
integrated employment (except that in the case of an
eligible individual who is a student, the description may
be a description of the student’s projected postschool
employment outcome);’’;
(B) in subparagraph (B)(i)—
(i) by redesignating subclause (II) as subclause
(III); and
(ii) by striking subclause (I) and inserting the following:
‘‘(I) needed to achieve the employment outcome,
including, as appropriate—
‘‘(aa) the provision of assistive technology
devices and assistive technology services (including
referrals described in section 103(a)(3) to the
device reutilization programs and demonstrations
described in subparagraphs (B) and (D) of section
4(e)(2) of the Assistive Technology Act of 1998
(29 U.S.C. 3003(e)(2)) through agreements developed under section 101(a)(11)(I); and
‘‘(bb) personal assistance services (including
training in the management of such services);
‘‘(II) in the case of a plan for an eligible individual
that is a student, the specific transition services and
supports needed to achieve the student’s employment
outcome or projected postschool employment outcome;
and’’;
(C) in subparagraph (F), by striking ‘‘and’’ at the end;
(D) in subparagraph (G), by striking the period and
inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(H) for an individual who also is receiving assistance
from an employment network under the Ticket to Work
and Self-Sufficiency Program established under section
1148 of the Social Security Act (42 U.S.C. 1320b–19), a
description of how responsibility for service delivery will
be divided between the employment network and the designated State unit.’’.
(c) PROCEDURES.—Section 102(c) (29 U.S.C. 722(c)) is
amended—
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(1) in paragraph (1), by adding at the end the following:
‘‘The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due
process hearing, or both procedures.’’;
(2) in paragraph (2)(A)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iv) any applicable State limit on the time by
which a request for mediation under paragraph (4)
or a hearing under paragraph (5) shall be made, and
any required procedure by which the request shall
be made.’’; and
(3) in paragraph (5)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) OFFICER.—A due process hearing described in
paragraph (2) shall be conducted by an impartial hearing
officer who, on reviewing the evidence presented, shall
issue a written decision based on the provisions of the
approved State plan, requirements specified in this Act
(including regulations implementing this Act), and State
regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall
provide the written decision to the applicant or eligible
individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated
State unit. The impartial hearing officer shall have the
authority to render a decision and require actions regarding
the applicant’s or eligible individual’s vocational rehabilitation services under this title.’’; and
(B) in subparagraph (B), by striking ‘‘in laws’’ and
inserting ‘‘about Federal laws’’.
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SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended—
(1) in subsection (a)—
(A) in paragraph (13), by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development
system’’;
(B) by striking paragraph (15) and inserting the following:
‘‘(15) transition services for students with disabilities, that
facilitate the transition from school to postsecondary life, such
as achievement of an employment outcome in competitive
integrated employment, or pre-employment transition services;’’;
(C) by redesignating paragraphs (17) and (18) as paragraphs (19) and (20), respectively; and
(D) by inserting after paragraph (16) the following:
‘‘(17) customized employment;
‘‘(18) encouraging qualified individuals who are eligible
to receive services under this title to pursue advanced training
in a science, technology, engineering, or mathematics (including
computer science) field, medicine, law, or business;’’.
(2) in subsection (b)—
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128 STAT. 1653
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘(A)’’; and
(II) by striking the second sentence and
inserting ‘‘Such programs shall be used to provide
services described in this section that promote
integration into the community and that prepare
individuals with disabilities for competitive
integrated employment, including supported
employment and customized employment.’’; and
(ii) by striking subparagraph (B);
(B) by striking paragraph (5) and inserting the following:
‘‘(5) Technical assistance to businesses that are seeking
to employ individuals with disabilities.’’; and
(C) by striking paragraph (6) and inserting the following:
‘‘(6) Consultation and technical assistance services to assist
State educational agencies and local educational agencies in
planning for the transition of students with disabilities from
school to postsecondary life, including employment.
‘‘(7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation
counselor works in concert with educational agencies, providers
of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), entities designated by the State to provide
services for individuals with developmental disabilities, centers
for independent living (as defined in section 702), housing and
transportation authorities, workforce development systems, and
businesses and employers.
‘‘(8) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29 U.S.C. 3001
et seq.) to promote access to assistive technology for individuals
with disabilities and employers.
‘‘(9) Support (including, as appropriate, tuition) for
advanced training in a science, technology, engineering, or
mathematics (including computer science) field, medicine, law,
or business, provided after an individual eligible to receive
services under this title, demonstrates—
‘‘(A) such eligibility;
‘‘(B) previous completion of a bachelor’s degree program
at an institution of higher education or scheduled completion of such degree program prior to matriculating in the
program for which the individual proposes to use the support; and
‘‘(C) acceptance by a program at an institution of higher
education in the United States that confers a master’s
degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor
degree, a master of business administration degree, or a
doctor of medicine degree,
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except that the limitations of subsection (a)(5) that apply to
training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals
with disabilities within the State who are eligible to receive
support under this title and who are not served under this
paragraph.’’.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended—
(1) in subsection (b)(1)(A)—
(A) by striking clause (ix) and inserting the following:
‘‘(ix) in a State in which one or more projects
are funded under section 121, at least one representative of the directors of the projects located in such
State;’’; and
(B) in clause (xi), by striking ‘‘State workforce investment board’’ and inserting ‘‘State workforce development
board’’; and
(2) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
‘‘State workforce investment board’’ and inserting ‘‘State
workforce development board’’; and
(B) in paragraph (6), by striking ‘‘Service Act’’ and
all that follows and inserting ‘‘Service Act (42 U.S.C. 300x–
3(a)) and the State workforce development board, and with
the activities of entities carrying out programs under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);’’.
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106 (29 U.S.C. 726) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) STANDARDS AND INDICATORS.—The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to
the performance accountability provisions described in section
116(b) of the Workforce Innovation and Opportunity Act.
‘‘(2) ADDITIONAL PERFORMANCE ACCOUNTABILITY INDICATORS.—A State may establish and provide information on additional performance accountability indicators, which shall be
identified in the State plan submitted under section 101.’’;
and
(2) in subsection (b)(2)(B)(i), by striking ‘‘review the program’’ and all that follows through ‘‘request the State’’ and
inserting ‘‘on a biannual basis, review the program improvement efforts of the State and, if the State has not improved
its performance to acceptable levels, as determined by the
Commissioner, direct the State’’.
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SEC. 417. MONITORING AND REVIEW.
(a) IN GENERAL.—Section 107 (29 U.S.C. 727) is amended—
(1) in subsection (a)—
(A) in paragraph (3)(E), by inserting before the period
the following: ‘‘, including personnel of a client assistance
program under section 112, and past or current recipients
of vocational rehabilitation services’’; and
(B) in paragraph (4)—
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(i) by striking subparagraphs (A) and (B) and
inserting the following:
‘‘(A) the eligibility process, including the process related
to the determination of ineligibility under section 102(a)(5);
‘‘(B) the provision of services, including supported
employment services and pre-employment transition services, and, if applicable, the order of selection;’’;
(ii) in subparagraph (C), by striking ‘‘and’’ at the
end;
(iii) by redesignating subparagraph (D) as subparagraph (E); and
(iv) by inserting after subparagraph (C) the following:
‘‘(D) data reported under section 101(a)(10)(C)(i); and’’;
and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) provide technical assistance to programs under this
title to—
‘‘(A) promote high-quality employment outcomes for
individuals with disabilities;
‘‘(B) integrate veterans who are individuals with
disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment;
‘‘(C) develop, improve, and disseminate information on
procedures, practices, and strategies, including for the
preparation of personnel, to better enable individuals with
intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated
employment; and
‘‘(D) apply evidence-based findings to facilitate systemic
improvements in the transition of youth with disabilities
to postsecondary life.’’.
(b) TECHNICAL AMENDMENT.—Section 108(a) (29 U.S.C. 728(a))
is amended by striking ‘‘part B of title VI’’ and inserting ‘‘title
VI’’.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
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‘‘SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
‘‘A State may expend payments received under section 111
to educate and provide services to employers who have hired or
are interested in hiring individuals with disabilities under programs
carried out under this title, including—
‘‘(1) providing training and technical assistance to
employers regarding the employment of individuals with
disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and other employment-related laws;
‘‘(2) working with employers to—
‘‘(A) provide opportunities for work-based learning
experiences (including internships, short-term employment,
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apprenticeships, and fellowships), and opportunities for
pre-employment transition services;
‘‘(B) recruit qualified applicants who are individuals
with disabilities;
‘‘(C) train employees who are individuals with disabilities; and
‘‘(D) promote awareness of disability-related obstacles
to continued employment;
‘‘(3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States
and nationally, to enable the employers to recruit, job match,
hire, and retain qualified individuals with disabilities who are
recipients of vocational rehabilitation services under this title,
or who are applicants for such services; and
‘‘(4) assisting employers with utilizing available financial
support for hiring or accommodating individuals with disabilities.’’.
SEC. 419. STATE ALLOTMENTS.
Section 110 (29 U.S.C. 730) is amended—
(1) in subsection (a)(1), by striking ‘‘Subject to the provisions of subsection (c)’’ and inserting ‘‘Subject to the provisions
of subsections (c) and (d),’’;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘1987’’ and inserting
‘‘2015’’; and
(B) in paragraph (2)—
(i) by striking ‘‘Secretary’’ and all that follows
through ‘‘(B)’’ and inserting ‘‘Secretary,’’; and
(ii) by striking ‘‘2000 through 2003’’ and inserting
‘‘2015 through 2020’’; and
(3) by adding at the end the following:
‘‘(d)(1) From any State allotment under subsection (a) for a
fiscal year, the State shall reserve not less than 15 percent of
the allotted funds for the provision of pre-employment transition
services.
‘‘(2) Such reserved funds shall not be used to pay for the
administrative costs of providing pre-employment transition services.’’.
SEC. 420. PAYMENTS TO STATES.
Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended—
(1) by striking ‘‘For fiscal year 1994 and each fiscal year
thereafter, the’’ and inserting ‘‘The’’;
(2) by striking ‘‘this title for the previous’’ and inserting
‘‘this title for any previous’’; and
(3) by striking ‘‘year preceding the previous’’ and inserting
‘‘year preceding that previous’’.
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SEC. 421. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended—
(1) in subsection (a), in the first sentence, by inserting
‘‘including under sections 113 and 511,’’ after ‘‘all available
benefits under this Act,’’;
(2) in subsection (b), by striking ‘‘not later than October
1, 1984,’’;
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128 STAT. 1657
(3) in subsection (e)(1)—
(A) in subparagraph (A), by striking ‘‘The Secretary
shall allot’’ and inserting ‘‘After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the
remainder of’’; and
(B) by adding at the end the following:
‘‘(E)(i) The Secretary shall reserve funds appropriated under
subsection (h) to make a grant to the protection and advocacy
system serving the American Indian Consortium to provide services
in accordance with this section. The amount of such a grant shall
be the same amount as is provided to a territory under this subsection.
‘‘(ii) In this subparagraph:
‘‘(I) The term ‘American Indian Consortium’ has the
meaning given the term in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15002).
‘‘(II) The term ‘protection and advocacy system’ means a
protection and advocacy system established under subtitle C
of title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
‘‘(F) For any fiscal year for which the amount appropriated
under subsection (h) equals or exceeds $14,000,000, the Secretary
may reserve not less than 1.8 percent and not more than 2.2
percent of such amount to provide a grant for training and technical
assistance for the programs established under this section. Such
training and technical assistance shall be coordinated with activities
provided under section 509(c)(1)(A).’’; and
(4) by striking subsection (h) and inserting the following:
‘‘(h) There are authorized to be appropriated to carry out the
provisions of this section—
‘‘(1) $12,000,000 for fiscal year 2015;
‘‘(2) $12,927,000 for fiscal year 2016;
‘‘(3) $13,195,000 for fiscal year 2017;
‘‘(4) $13,488,000 for fiscal year 2018;
‘‘(5) $13,805,000 for fiscal year 2019; and
‘‘(6) $14,098,000 for fiscal year 2020.’’.
Grants.
Definitions.
Appropriation
authorization.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.) is further amended
by adding at the end the following:
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‘‘SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES.
29 USC 733.
‘‘(a) IN GENERAL.—From the funds reserved under section
110(d), and any funds made available from State, local, or private
funding sources, each State shall ensure that the designated State
unit, in collaboration with the local educational agencies involved,
shall provide, or arrange for the provision of, pre-employment
transition services for all students with disabilities in need of such
services who are eligible or potentially eligible for services under
this title.
‘‘(b) REQUIRED ACTIVITIES.—Funds available under subsection
(a) shall be used to make available to students with disabilities
described in subsection (a)—
‘‘(1) job exploration counseling;
‘‘(2) work-based learning experiences, which may include
in-school or after school opportunities, or experience outside
the traditional school setting (including internships), that is
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128 STAT. 1658
PUBLIC LAW 113–128—JULY 22, 2014
provided in an integrated environment to the maximum extent
possible;
‘‘(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs
at institutions of higher education;
‘‘(4) workplace readiness training to develop social skills
and independent living; and
‘‘(5) instruction in self-advocacy, which may include peer
mentoring.
‘‘(c) AUTHORIZED ACTIVITIES.—Funds available under subsection
(a) and remaining after the provision of the required activities
described in subsection (b) may be used to improve the transition
of students with disabilities described in subsection (a) from school
to postsecondary education or an employment outcome by—
‘‘(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and
competitive integrated workplaces;
‘‘(2) developing and improving strategies for individuals
with intellectual disabilities and individuals with significant
disabilities to live independently, participate in postsecondary
education experiences, and obtain and retain competitive
integrated employment;
‘‘(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;
‘‘(4) disseminating information about innovative, effective,
and efficient approaches to achieve the goals of this section;
‘‘(5) coordinating activities with transition services provided
by local educational agencies under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
‘‘(6) applying evidence-based findings to improve policy,
procedure, practice, and the preparation of personnel, in order
to better achieve the goals of this section;
‘‘(7) developing model transition demonstration projects;
‘‘(8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private
businesses, or other participants to achieve the goals of this
section; and
‘‘(9) disseminating information and strategies to improve
the transition to postsecondary activities of individuals who
are members of traditionally unserved populations.
‘‘(d) PRE-EMPLOYMENT TRANSITION COORDINATION.—Each local
office of a designated State unit shall carry out responsibilities
consisting of—
‘‘(1) attending individualized education program meetings
for students with disabilities, when invited;
‘‘(2) working with the local workforce development boards,
one-stop centers, and employers to develop work opportunities
for students with disabilities, including internships, summer
employment and other employment opportunities available
throughout the school year, and apprenticeships;
‘‘(3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to
coordinate and ensure the provision of pre-employment transition services under this section; and
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128 STAT. 1659
‘‘(4) when invited, attend person-centered planning
meetings for individuals receiving services under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.).
‘‘(e) NATIONAL PRE-EMPLOYMENT TRANSITION COORDINATION.—
The Secretary shall support designated State agencies providing
services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section.
‘‘(f) SUPPORT.—In carrying out this section, States shall address
the transition needs of all students with disabilities, including
such students with physical, sensory, intellectual, and mental
health disabilities.’’.
Consultation.
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SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended—
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ‘‘(referred to in this section
as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment
that will increase opportunities for economic self-sufficiency’’;
(2) in subsection (b)(1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) contains assurances that—
‘‘(i) all decisions affecting eligibility for vocational
rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title,
be made by a representative of the tribal vocational
rehabilitation program funded through the grant; and
‘‘(ii) such decisions will not be delegated to another
agency or individual.’’;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
‘‘(c)(1) From the funds appropriated and made available to
carry out this part for any fiscal year, beginning with fiscal year
2015, the Commissioner shall first reserve not less than 1.8 percent
and not more than 2 percent of the funds to provide training
and technical assistance to governing bodies described in subsection
(a) for such fiscal year.
‘‘(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation
of vocational rehabilitation services programs under this section
to provide such training and technical assistance with respect to
developing, conducting, administering, and evaluating such programs.
‘‘(3) The Commissioner shall conduct a survey of the governing
bodies regarding training and technical assistance needs in order
to determine funding priorities for such grants, contracts, or
cooperative agreements.
‘‘(4) To be eligible to receive a grant or enter into a contract
or cooperative agreement under this section, such an entity shall
submit an application to the Commissioner at such time, in such
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Grants.
Contracts.
Survey.
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Peer review.
PUBLIC LAW 113–128—JULY 22, 2014
manner, and containing a proposal to provide such training and
technical assistance, and containing such additional information
as the Commissioner may require. The Commissioner shall provide
for peer review of applications by panels that include persons who
are not government employees and who have experience in the
operation of vocational rehabilitation services programs under this
section.’’.
SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION.
Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by striking
‘‘title I of the Workforce Investment Act of 1998’’ and inserting
‘‘title I of the Workforce Innovation and Opportunity Act’’.
Subtitle C—Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended—
(1) in paragraph (1), by inserting ‘‘technical assistance,’’
after ‘‘training,’’;
(2) in paragraph (2), by inserting ‘‘technical assistance,’’
after ‘‘training,’’;
(3) in paragraph (3), in the matter preceding subparagraph
(A)—
(A) by inserting ‘‘and use’’ after ‘‘transfer’’; and
(B) by inserting ‘‘, in a timely and efficient manner,’’
after ‘‘disabilities’’; and
(4) in paragraph (4), by striking ‘‘distribution’’ and inserting
‘‘dissemination’’;
(5) in paragraph (5)—
(A) by inserting ‘‘, including individuals with intellectual and psychiatric disabilities,’’ after ‘‘disabilities’’; and
(B) by striking ‘‘and’’ after the semicolon;
(6) by redesignating paragraph (6) as paragraph (7);
(7) by inserting after paragraph (5) the following:
‘‘(6) identify strategies for effective coordination of services
to job seekers with disabilities available through programs
of one-stop partners, as defined in section 3 of the Workforce
Innovation and Opportunity Act;’’;
(8) in paragraph (7), as redesignated by paragraph (6),
by striking the period and inserting ‘‘; and’’; and
(9) by adding at the end the following:
‘‘(8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated
employment.’’.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201 (29 U.S.C. 761) is amended to read as follows:
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‘‘SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
title $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year
2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal
year 2018, $119,608,000 for fiscal year 2019, and $122,143,000
for fiscal year 2020.’’.
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128 STAT. 1661
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SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING,
AND REHABILITATION RESEARCH.
Section 202 (29 U.S.C. 762) is amended—
(1) in the section heading, by inserting ‘‘, INDEPENDENT
LIVING,’’ after ‘‘DISABILITY’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘Department of Education’’ and all that follows
through ‘‘which’’ and inserting ‘‘Administration for
Community Living of the Department of Health and
Human Services a National Institute on Disability,
Independent Living, and Rehabilitation Research
(referred to in this title as the ‘Institute’), which’’;
and
(ii) in subparagraph (A)—
(I) in clause (ii), by striking ‘‘and training;
and’’ and inserting ‘‘, training, and technical assistance;’’;
(II) by redesignating clause (iii) as clause (iv);
and
(III) by inserting after clause (ii) the following:
‘‘(iii) outreach and information that clarifies research
implications for policy and practice; and’’; and
(B) in paragraph (2), by striking ‘‘directly’’ and all
that follows through the period and inserting ‘‘directly
responsible to the Administrator for the Administration
for Community Living of the Department of Health and
Human Services.’’;
(3) in subsection (b)—
(A) in paragraph (2), by striking subparagraph (B)
and inserting the following:
‘‘(B) private organizations engaged in research relating
to—
‘‘(i) independent living;
‘‘(ii) rehabilitation; or
‘‘(iii) providing rehabilitation or independent living
services;’’;
(B) in paragraph (3), by striking ‘‘in rehabilitation’’
and inserting ‘‘on disability, independent living, and
rehabilitation’’;
(C) in paragraph (4)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘education, health and wellness,’’ after ‘‘independent living,’’; and
(ii) by striking subparagraphs (A) through (D) and
inserting the following:
‘‘(A) public and private entities, including—
‘‘(i) elementary schools and secondary schools (as
defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and
‘‘(ii) institutions of higher education;
‘‘(B) rehabilitation practitioners;
‘‘(C) employers and organizations representing
employers with respect to employment-based educational
materials or research;
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128 STAT. 1662
PUBLIC LAW 113–128—JULY 22, 2014
‘‘(D) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved by programs
under this Act);
‘‘(E) the individuals’ representatives for the individuals
described in subparagraph (D); and
‘‘(F) the Committee on Education and the Workforce
of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee
on Health, Education, Labor, and Pensions of the Senate,
and the Committee on Appropriations of the Senate;’’;
(D) in paragraph (6)—
(i) by striking ‘‘advances in rehabilitation’’ and
inserting ‘‘advances in disability, independent living,
and rehabilitation’’; and
(ii) by inserting ‘‘education, health and wellness,’’
after ‘‘employment, independent living,’’;
(E) by striking paragraph (7);
(F) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(G) in paragraph (7), as redesignated by subparagraph
(F)—
(i) by striking ‘‘health, income,’’ and inserting
‘‘health and wellness, income, education,’’; and
(ii) by striking ‘‘and evaluation of vocational and
other’’ and inserting ‘‘and evaluation of independent
living, vocational, and’’;
(H) in paragraph (8), as redesignated by subparagraph
(F), by striking ‘‘with vocational rehabilitation services for
the purpose of identifying effective rehabilitation programs
and policies that promote the independence of individuals
with disabilities and achievement of long-term vocational
goals’’ and inserting ‘‘with independent living and vocational rehabilitation services for the purpose of identifying
effective independent living and rehabilitation programs
and policies that promote the independence of individuals
with disabilities and achievement of long-term independent
living and employment goals’’; and
(I) in paragraph (9), as redesignated by subparagraph
(F), by striking ‘‘and telecommuting; and’’ and inserting
‘‘, supported employment (including customized employment), and telecommuting; and’’;
(4) in subsection (d)(1), by striking the second sentence
and inserting the following: ‘‘The Director shall be an individual
with substantial knowledge of and experience in independent
living, rehabilitation, and research administration.’’;
(5) in subsection (f)(1), by striking the second sentence
and inserting the following: ‘‘The scientific peer review shall
be conducted by individuals who are not Department of Health
and Human Services employees. The Secretary shall consider
for peer review individuals who are scientists or other experts
in disability, independent living, and rehabilitation, including
individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.’’;
(6) in subsection (h)—
(A) in paragraph (1)(A)—
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1663
(i) by striking ‘‘priorities for rehabilitation
research,’’ and inserting ‘‘priorities for disability, independent living, and rehabilitation research,’’; and
(ii) by inserting ‘‘dissemination,’’ after ‘‘training,’’;
and
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘especially in
the area of employment’’ and inserting ‘‘especially in
the areas of employment and independent living’’;
(ii) in subparagraph (D)—
(I) by striking ‘‘developed by the Director’’ and
inserting ‘‘coordinated with the strategic plan
required under section 203(c)’’;
(II) in clause (i), by striking ‘‘Rehabilitation’’
and inserting ‘‘Disability, Independent Living, and
Rehabilitation’’;
(III) in clause (ii), by striking ‘‘Commissioner’’
and inserting ‘‘Administrator’’; and
(IV) in clause (iv), by striking ‘‘researchers
in the rehabilitation field’’ and inserting
‘‘researchers in the independent living and
rehabilitation fields’’;
(iii) by redesignating subparagraphs (E) and (F)
as subparagraphs (F) and (G), respectively;
(iv) by inserting after subparagraph (D) the following:
‘‘(E) be developed by the Director;’’;
(v) in subparagraph (F), as redesignated by clause
(iii), by inserting ‘‘and information that clarifies
implications of the results for practice,’’ after ‘‘covered
activities,’’; and
(vi) in subparagraph (G), as redesignated by clause
(iii), by inserting ‘‘and information that clarifies
implications of the results for practice’’ after ‘‘covered
activities’’;
(7) in subsection (j), by striking paragraph (3); and
(8) by striking subsection (k) and inserting the following:
‘‘(k) The Director shall make grants to institutions of higher
education for the training of independent living and rehabilitation
researchers, including individuals with disabilities and traditionally
underserved populations of individuals with disabilities, as
described in section 21, with particular attention to research areas
that—
‘‘(1) support the implementation and objectives of this Act;
and
‘‘(2) improve the effectiveness of services authorized under
this Act.
‘‘(l)(1) Not later than December 31 of each year, the Director
shall prepare, and submit to the Secretary, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title.
‘‘(2) The report under paragraph (1) shall include—
‘‘(A) a compilation and summary of the information provided by recipients of funding for such activities under this
title;
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Deadlines.
Reports.
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‘‘(B) a summary describing the funding received under this
title and the progress of the recipients of the funding in
achieving the measurable goals described in section 204(d)(2);
and
‘‘(C) a summary of implications of research outcomes on
practice.
‘‘(m)(1) If the Director determines that an entity that receives
funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered
activities involved, the Director shall utilize available monitoring
and enforcement measures.
‘‘(2) As part of the annual report required under subsection
(l), the Secretary shall describe each action taken by the Secretary
under paragraph (1) and the outcomes of such action.’’.
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SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘conducting rehabilitation research’’
and inserting ‘‘conducting disability, independent
living, and rehabilitation research’’;
(ii) by striking ‘‘chaired by the Director’’ and
inserting ‘‘chaired by the Secretary, or the Secretary’s
designee,’’;
(iii) by inserting ‘‘the Assistant Secretary of Labor
for Disability Employment Policy, the Secretary of
Defense, the Administrator of the Administration for
Community Living,’’ after ‘‘Assistant Secretary for Special Education and Rehabilitative Services,’’; and
(iv) by striking ‘‘and the Director of the National
Science Foundation.’’ and inserting ‘‘the Director of
the National Science Foundation and the Administrator of the Small Business Administration.’’; and
(B) in paragraph (2), by inserting ‘‘, and for not less
than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other
Federal agencies conducting relevant research, individuals
with disabilities, organizations representing individuals
with disabilities, researchers, and providers, to offer input
on the Committee’s work, including the development and
implementation of the strategic plan required under subsection (c)’’ after ‘‘each year’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘from targeted individuals’’ and
inserting ‘‘individuals with disabilities’’; and
(ii) by inserting ‘‘independent living and’’ before
‘‘rehabilitation’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘independent
living research,’’ after ‘‘assistive technology research,’’;
(ii) in subparagraph (B), by inserting ‘‘, independent living research,’’ after ‘‘technology research’’;
(iii) in subparagraph (D), by striking ‘‘and research
that incorporates the principles of universal design’’
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128 STAT. 1665
and inserting ‘‘, independent living research, and
research that incorporates the principles of universal
design’’; and
(iv) in subparagraph (E), by striking ‘‘and research
that incorporates the principles of universal design.’’
and inserting ‘‘, independent living research, and
research that incorporates the principles of universal
design.’’;
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
‘‘(c)(1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and
rehabilitation research.
‘‘(2) The strategic plan shall include, at a minimum—
‘‘(A) a description of the—
‘‘(i) measurable goals and objectives;
‘‘(ii) existing resources each agency will devote to carrying out the plan;
‘‘(iii) timetables for completing the projects outlined
in the plan; and
‘‘(iv) assignment of responsible individuals and agencies for carrying out the research activities;
‘‘(B) research priorities and recommendations;
‘‘(C) a description of how funds from each agency will
be combined, as appropriate, for projects administered among
Federal agencies, and how such funds will be administered;
‘‘(D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent
living, and rehabilitation research for trend and data analysis
across Federal agencies;
‘‘(E) guiding principles, policies, and procedures, consistent
with the best research practices available, for conducting and
administering disability, independent living, and rehabilitation
research across Federal agencies; and
‘‘(F) a summary of underemphasized and duplicative areas
of research.
‘‘(3) The strategic plan described in this subsection shall be
submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives.’’;
(6) in subsection (d), as redesignated by paragraph (4)—
(A) in the matter preceding paragraph (1), by striking
‘‘Committee on Labor and Human Resources of the Senate’’
and inserting ‘‘Committee on Health, Education, Labor,
and Pensions of the Senate’’; and
(B) by striking paragraph (1) and inserting the following:
‘‘(1) describes the progress of the Committee in fulfilling
the duties described in subsections (b) and (c), and including
specifically for subsection (c)—
‘‘(A) a report of the progress made in implementing
the strategic plan, including progress toward implementing
the elements described in subsection (c)(2)(A); and
‘‘(B) detailed budget information.’’; and
(7) in subsection (e), by striking paragraph (2) and inserting
the following:
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Reports.
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‘‘(2) the term ‘independent living’, used in connection with
research, means research on issues and topics related to
attaining maximum self-sufficiency and function by individuals
with disabilities, including research on assistive technology and
universal design, employment, education, health and wellness,
and community integration and participation.’’.
Definition.
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SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (29 U.S.C. 764) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘pay’’ and inserting ‘‘fund’’;
(ii) by inserting ‘‘have practical applications and’’
before ‘‘maximize’’; and
(iii) by striking ‘‘employment, independent living,’’
and inserting ‘‘employment, education, independent
living, health and wellness,’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘and from
which the research findings, conclusions, or recommendations can be transferred to practice’’ after
‘‘State agencies’’;
(ii) in subparagraph (B)—
(I) by striking clause (ii) and inserting the
following:
‘‘(ii) studies and analyses of factors related to industrial,
vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and
how those variables affect such individuals’ ability to live
independently and their participation in the work force;’’;
(II) in clause (iii), by striking ‘‘are homebound’’
and all that follows and inserting ‘‘have significant
challenges engaging in community life outside
their homes and individuals who are in institutional settings;’’;
(III) in clause (iv), by inserting ‘‘, including
the principles of universal design and the interoperability of products and services’’ after ‘‘disabilities’’;
(IV) in clause (v), by inserting ‘‘, and to promoting employment opportunities in competitive
integrated employment’’ after ‘‘employment’’;
(V) in clause (vi), by striking ‘‘and’’ after the
semicolon;
(VI) in clause (vii), by striking ‘‘and assistive
technology.’’ and inserting ‘‘, assistive technology,
and communications technology; and’’; and
(VII) by adding at the end the following:
‘‘(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including
self-employment and telecommuting, of individuals with disabilities.’’; and
(C) by adding at the end the following:
‘‘(3) In carrying out this section, the Director shall emphasize
covered activities that include plans for—
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128 STAT. 1667
‘‘(A) dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and
recommendations resulting from covered activities, including
through electronic means (such as the website of the Department of Health and Human Services), so that such information
is available in a timely manner to the general public; or
‘‘(B) the commercialization of marketable products, research
results, or findings, resulting from the covered activities.’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘(18)’’ both places
the term appears and inserting ‘‘(17)’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking clauses (i) and
(ii) and inserting the following:
‘‘(i) be operated in collaboration with institutions of higher
education, providers of rehabilitation services, developers or
providers of assistive technology devices, assistive technology
services, or information technology devices or services, as appropriate, or providers of other appropriate services; and
‘‘(ii) serve as centers of national excellence and national
or regional resources for individuals with disabilities, as well
as providers, educators, and researchers.’’;
(ii) in subparagraph (B)—
(I) in clause (i)—
(aa) by adding ‘‘independent living and’’
after ‘‘research in’’;
(bb) by adding ‘‘independent living and’’
after ‘‘will improve’’; and
(cc) by striking ‘‘alleviate or stabilize’’ and
all that follows and inserting ‘‘maximize health
and function (including alleviating or stabilizing conditions, or preventing secondary
conditions), and promote maximum social and
economic independence of individuals with
disabilities, including promoting the ability of
the individuals to prepare for, secure, retain,
regain, or advance in employment;’’;
(II) by redesignating clauses (ii), (iii), and (iv),
as clauses (iii), (iv), and (v), respectively;
(III) by inserting after clause (i) the following:
‘‘(ii) conducting research in, and dissemination of, employerbased practices to facilitate the identification, recruitment,
accommodation, advancement, and retention of qualified
individuals with disabilities;’’;
(IV) in clause (iii), as redesignated by subclause (II), by inserting ‘‘independent living and’’
before ‘‘rehabilitation services’’;
(V) in clause (iv), as redesignated by subclause
(II)—
(aa) by inserting ‘‘independent living and’’
before ‘‘rehabilitation’’ each place the term
appears; and
(bb) by striking ‘‘and’’ after the semicolon;
and
(VI) by striking clause (v), as redesignated
by subclause (II), and inserting the following:
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PUBLIC LAW 113–128—JULY 22, 2014
‘‘(v) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to providers,
educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and
‘‘(vi) developing practical applications for the research
findings of the Centers.’’;
(iii) in subparagraph (C)—
(I) in clause (i), by inserting ‘‘, including
research on assistive technology devices, assistive
technology services, and accessible electronic and
information technology devices’’ after ‘‘research’’;
(II) in clause (ii)—
(aa) by striking ‘‘and social’’ and inserting
‘‘, social, and economic’’; and
(bb) by inserting ‘‘independent living and’’
before ‘‘rehabilitation’’; and
(III) by striking clauses (iii) and (iv);
(IV) by redesignating clauses (v) and (vi) as
clauses (iii) and (iv), respectively;
(V) in clause (iii), as redesignated by subclause
(IV), by striking ‘‘to develop’’ and all that follows
and inserting ‘‘that promotes the emotional, social,
educational, and functional growth of children who
are individuals with disabilities, as well as their
integration in school, employment, and community
activities;’’;
(VI) in clause (iv), as redesignated by subclause (IV), by striking ‘‘that will improve’’ and
all that follows and inserting ‘‘to develop and
evaluate interventions, policies, and services that
support families of those children and adults who
are individuals with disabilities;’’; and
(VII) by adding at the end the following:
‘‘(v) continuation of research that will improve services
and policies that foster the independence and social integration
of individuals with disabilities, and enable individuals with
disabilities, including individuals with intellectual disabilities
and other developmental disabilities, to live in their communities; and
‘‘(vi) research, dissemination, and technical assistance, on
best practices in vocational rehabilitation, including supported
employment and other strategies to promote competitive
integrated employment for persons with the most significant
disabilities.’’;
(iv) by striking subparagraph (D) and inserting
the following:
‘‘(D) Training of students preparing to be independent living
or rehabilitation personnel or to provide independent living,
rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching,
aides in school based settings, or advice or assistance in utilizing
assistive technology devices, assistive technology services, and
accessible electronic and information technology devices and services) shall be an important priority for each such Center.’’;
(v) in subparagraph (E), by striking ‘‘comprehensive’’;
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(vi) in subparagraph (G)(i), by inserting ‘‘independent living and’’ before ‘‘rehabilitation-related’’;
(vii) by striking subparagraph (I); and
(viii) by redesignating subparagraphs (J) through
(O) as subparagraphs (I) through (N), respectively;
(C) in paragraph (3)—
(i) in subparagraph (A), by inserting ‘‘independent
living strategies and’’ before ‘‘rehabilitation technology’’;
(ii) in subparagraph (B)—
(I) in clause (i)(I), by inserting ‘‘independent
living and’’ before ‘‘rehabilitation problems’’;
(II) in clause (ii)(II), by striking ‘‘employment’’
and inserting ‘‘educational, employment,’’; and
(III) in clause (iii)(II), by striking ‘‘employment’’ and inserting ‘‘educational, employment,’’;
(iii) in subparagraph (D)(i)(II), by striking ‘‘postschool’’ and inserting ‘‘postsecondary education,
competitive integrated employment, and other ageappropriate’’; and
(iv) in subparagraph (G)(ii), by inserting ‘‘the
impact of any commercialized product researched or
developed through the Center,’’ after ‘‘individuals with
disabilities,’’;
(D) in paragraph (4)(B)—
(i) in clause (i)—
(I) by striking ‘‘vocational’’ and inserting ‘‘independent living, employment,’’;
(II) by striking ‘‘special’’ and inserting
‘‘unique’’; and
(III) by inserting ‘‘social and functional needs,
and’’ before ‘‘acute care’’; and
(ii) in clause (iv), by inserting ‘‘education, health
and wellness,’’ after ‘‘employment,’’;
(E) by striking paragraph (8) and inserting the following:
‘‘(8) Grants may be used to conduct a program of joint projects
with other administrations and offices of the Department of Health
and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal
Communications Commission, the National Aeronautics and Space
Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in
areas of joint interest involving rehabilitation.’’;
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13), (14),
(15), (16), (17), and (18), as paragraphs (9), (10), (11),
(12), (13), (14), (15), and (16), respectively;
(H) in paragraph (11), as redesignated by subparagraph (G)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘employment needs of individuals with disabilities, including’’ and inserting ‘‘employment needs,
opportunities, and outcomes (including those relating
to self-employment, supported employment, and telecommuting) of individuals with disabilities, including’’;
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Grants.
Contracts.
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(ii) in subparagraph (B), by inserting ‘‘and employment related’’ after ‘‘the employment’’;
(iii) in subparagraph (E), by striking ‘‘and’’ after
the semicolon;
(iv) in subparagraph (F), by striking the period
at the end and inserting a semicolon; and
(v) by adding at the end the following:
‘‘(G) develop models to facilitate the successful transition
of individuals with disabilities from nonintegrated employment
and employment that is compensated at a wage less than
the Federal minimum wage to competitive integrated employment;
‘‘(H) develop models to maximize opportunities for
integrated community living, including employment and independent living, for individuals with disabilities;
‘‘(I) provide training and continuing education for personnel
involved with community living for individuals with disabilities;
‘‘(J) develop model procedures for testing and evaluating
the community living related needs of individuals with disabilities;
‘‘(K) develop model training programs to teach individuals
with disabilities skills which will lead to integrated community
living and full participation in the community; and
‘‘(L) develop new approaches for long-term services and
supports for individuals with disabilities, including supports
necessary for competitive integrated employment.’’;
(I) in paragraph (12), as redesignated by subparagraph
(G)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘an independent living or’’ after ‘‘conduct’’;
(ii) in subparagraph (D), by inserting ‘‘independent
living or’’ before ‘‘rehabilitation’’; and
(iii) in the matter following subparagraph (E), by
striking ‘‘National Institute on Disability and
Rehabilitation Research’’ and inserting ‘‘National
Institute on Disability, Independent Living, and
Rehabilitation Research’’;
(J) in paragraph (13), as redesignated by subparagraph
(G), by inserting ‘‘independent living and’’ before
‘‘rehabilitation needs’’; and
(K) in paragraph (14), as redesignated by subparagraph
(G), by striking ‘‘and access to gainful employment.’’ and
inserting ‘‘, full participation, and economic self-sufficiency.’’; and
(3) by adding at the end the following:
‘‘(d)(1) In awarding grants, contracts, or cooperative agreements
under this title, the Director shall award the funding on a competitive basis.
‘‘(2)(A) To be eligible to receive funds under this section for
a covered activity, an entity described in subsection (a)(1) shall
submit an application to the Director at such time, in such manner,
and containing such information as the Director may require.
‘‘(B) The application shall include information describing—
‘‘(i) measurable goals, as established through section 1115
of title 31, United States Code, and a timeline and specific
plan for meeting the goals, that the applicant has established;
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‘‘(ii) how the project will address 1 or more of the following:
commercialization of a marketable product, technology transfer
(if applicable), dissemination of any research results, and other
priorities as established by the Director; and
‘‘(iii) how the applicant will quantifiably measure the goals
to determine whether such goals have been accomplished.
‘‘(3)(A) In the case of an application for funding under this
section to carry out a covered activity that results in the development of a marketable product, the application shall also include
a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product
involved, and strategies for disseminating information about the
product. The funding received under this section shall not be used
to carry out the commercialization and marketing strategies.
‘‘(B) In the case of any other application for funding to carry
out a covered activity under this section, the application shall
also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity.’’.
SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION
RESEARCH ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended—
(1) in the section heading, by inserting ‘‘DISABILITY, INDEPENDENT LIVING, AND’’ before ‘‘REHABILITATION’’;
(2) in subsection (a)—
(A) by striking ‘‘Department of Education a Rehabilitation Research Advisory Council’’ and inserting ‘‘Department
of Health and Human Services a Disability, Independent
Living, and Rehabilitation Research Advisory Council’’; and
(B) by inserting ‘‘not less than’’ after ‘‘composed of’’;
(3) by striking subsection (c) and inserting the following:
‘‘(c) QUALIFICATIONS.—Members of the Council shall be generally representative of the community of disability, independent
living, and rehabilitation professionals, the community of disability,
independent living, and rehabilitation researchers, the directors
of independent living centers and community rehabilitation programs, the business community (including a representative of the
small business community) that has experience with the system
of vocational rehabilitation services and independent living services
carried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the
community of individuals with disabilities, and the individuals’
representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.’’; and
(4) in subsection (g), by striking ‘‘Department of Education’’
and inserting ‘‘Department of Health and Human Services’’.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760 et seq.) is amended by adding at the
end the following:
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‘‘SEC. 206. DEFINITION OF COVERED SCHOOL.
29 USC 766.
‘‘In this title, the term ‘covered school’ means an elementary
school or secondary school (as such terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)) or an institution of higher education.’’.
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PUBLIC LAW 113–128—JULY 22, 2014
Subtitle D—Professional Development and
Special Projects and Demonstration
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SEC. 441. PURPOSE; TRAINING.
(a) PURPOSE.—Section 301(a) (29 U.S.C. 771(a)) is amended—
(1) in paragraph (2), by inserting ‘‘and’’ after the semicolon;
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) in paragraph (3), as redesignated by paragraph (3),
by striking ‘‘workforce investment systems’’ and inserting
‘‘workforce development systems’’.
(b) TRAINING.—Section 302 (29 U.S.C. 772) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (E), by striking all after
‘‘deliver’’ and inserting ‘‘supported employment services
and customized employment services to individuals
with the most significant disabilities;’’;
(ii) in subparagraph (F), by striking ‘‘and’’ after
the semicolon;
(iii) in subparagraph (G), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(H) personnel trained in providing assistive technology
services.’’;
(B) in paragraph (4)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘title I of the Workforce Investment Act of
1998’’ and inserting ‘‘subtitle B of title I of the
Workforce Innovation and Opportunity Act’’;
(ii) in subparagraph (A), by striking ‘‘workforce
investment system’’ and inserting ‘‘workforce development system’’; and
(iii) in subparagraph (B), by striking ‘‘section 134(c)
of the Workforce Investment Act of 1998.’’ and inserting
‘‘section 121(e) of the Workforce Innovation and Opportunity Act.’’; and
(C) in paragraph (5), by striking ‘‘title I of the
Workforce Investment Act of 1998’’ and inserting ‘‘subtitle
B of title I of the Workforce Innovation and Opportunity
Act’’;
(2) in subsection (b)(1)(B)(i), by striking ‘‘or prosthetics
and orthotics’’ and inserting ‘‘prosthetics and orthotics, vision
rehabilitation therapy, orientation and mobility instruction, or
low vision therapy’’;
(3) in subsection (g)—
(A) in the subsection heading, by striking ‘‘AND INSERVICE TRAINING’’;
(B) in paragraph (1), by adding after the period the
following: ‘‘Any technical assistance provided to community
rehabilitation programs shall be focused on the employment
outcome of competitive integrated employment for individuals with disabilities.’’; and
(C) by striking paragraph (3);
(4) in subsection (h), by striking ‘‘section 306’’ and inserting
‘‘section 304’’; and
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(5) in subsection (i), by striking ‘‘such sums as may be
necessary for each of the fiscal years 1999 through 2003.’’
and inserting ‘‘$33,657,000 for fiscal year 2015, $36,257,000
for fiscal year 2016, $37,009,000 for fiscal year 2017,
$37,830,000 for fiscal year 2018, $38,719,000 for fiscal year
2019, and $39,540,000 for fiscal year 2020.’’.
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SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE
PROGRAMS.
Section 303 (29 U.S.C. 773) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘section 306’’ and
inserting ‘‘section 304’’;
(B) in paragraph (3)(A), by striking ‘‘National Institute
on Disability and Rehabilitation Research’’ and inserting
‘‘National Institute on Disability, Independent Living, and
Rehabilitation Research’’;
(C) in paragraph (5)—
(i) in subparagraph (A)—
(I) by striking clause (i) and inserting the following:
‘‘(i) initiatives focused on improving transition from
education, including postsecondary education, to
employment, particularly in competitive integrated
employment, for youth who are individuals with significant disabilities;’’; and
(II) by striking clause (iii) and inserting the
following:
‘‘(iii) increasing competitive integrated employment
for individuals with significant disabilities.’’; and
(ii) in subparagraph (B)(viii), by striking ‘‘under
title I of the Workforce Investment Act of 1998’’ and
inserting ‘‘under subtitle B of title I of the Workforce
Innovation and Opportunity Act’’; and
(D) by striking paragraph (6);
(2) in subsection (c)—
(A) in paragraph (2)—
(i) in subparagraph (E), by striking ‘‘and’’ after
the semicolon;
(ii) by redesignating subparagraph (F) as subparagraph (G); and
(iii) by inserting after subparagraph (E) the following:
‘‘(F) to provide support and guidance in helping individuals with significant disabilities, including students with
disabilities, transition to competitive integrated employment; and’’;
(B) in paragraph (4)—
(i) in subparagraph (A)(ii)—
(I) by inserting ‘‘the’’ after ‘‘closely with’’; and
(II) by inserting ‘‘, the community parent
resource centers established pursuant to section
672 of such Act, and the eligible entities receiving
awards under section 673 of such Act’’ after
‘‘Individuals with Disabilities Education Act’’; and
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(ii) in subparagraph (C), by inserting ‘‘, and demonstrate the capacity for serving,’’ after ‘‘shall serve’’;
and
(C) by adding at the end the following:
‘‘(8) RESERVATION.—From the amount appropriated to carry
out this section for a fiscal year, 20 percent of such amount
or $500,000, whichever is less, may be reserved to carry out
paragraph (6).’’; and
(3) by striking subsection (e) and inserting the following:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section there are authorized to be appropriated
$5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016,
$6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018,
$6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020.’’.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; RECREATIONAL
PROGRAMS.
29 USC 774, 775.
29 USC 776.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
amended—
(1) by striking sections 304 and 305;
(2) by redesignating section 306 as section 304.
Subtitle E—National Council on Disability
SEC. 451. ESTABLISHMENT.
Appointments.
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Appointments.
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Section 400 (29 U.S.C. 780) is amended—
(1) in subsection (a)(1)—
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) by striking subparagraphs (A) and (B) and inserting
the following:
‘‘(A) There is established within the Federal Government a
National Council on Disability (referred to in this title as the
‘National Council’), which, subject to subparagraph (B), shall be
composed of 9 members, of which—
‘‘(i) 5 shall be appointed by the President;
‘‘(ii) 1 shall be appointed by the Majority Leader of the
Senate;
‘‘(iii) 1 shall be appointed by the Minority Leader of the
Senate;
‘‘(iv) 1 shall be appointed by the Speaker of the House
of Representatives; and
‘‘(v) 1 shall be appointed by the Minority Leader of the
House of Representatives.
‘‘(B) The National Council shall transition from 15 members
(as of the date of enactment of the Workforce Innovation and
Opportunity Act) to 9 members as follows:
‘‘(i) On the first 4 expirations of National Council terms
(after that date), replacement members shall be appointed to
the National Council in the following order and manner:
‘‘(I) 1 shall be appointed by the Majority Leader of
the Senate.
‘‘(II) 1 shall be appointed by the Minority Leader of
the Senate.
‘‘(III) 1 shall be appointed by the Speaker of the House
of Representatives.
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‘‘(IV) 1 shall be appointed by the Minority Leader
of the House of Representatives.
‘‘(ii) On the next 6 expirations of National Council terms
(after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council.
‘‘(C) For any vacancy on the National Council that occurs after
the transition described in subparagraph (B), the vacancy shall
be filled in the same manner as the original appointment was
made.’’; and
(C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence—
(i) by inserting ‘‘national leaders on disability
policy,’’ after ‘‘guardians of individuals with disabilities,’’; and
(ii) by striking ‘‘policy or programs’’ and inserting
‘‘policy or issues that affect individuals with disabilities’’;
(2) in subsection (b), by striking ‘‘, except’’ and all that
follows and inserting a period; and
(3) in subsection (d), by striking ‘‘Eight’’ and inserting
‘‘Five’’.
SEC. 452. REPORT.
Section 401 (29 U.S.C. 781) is amended—
(1) in paragraphs (1) and (3) of subsection (a), by striking
‘‘National Institute on Disability and Rehabilitation Research’’
and inserting ‘‘National Institute on Disability, Independent
Living, and Rehabilitation Research’’; and
(2) by striking subsection (c).
SEC. 453. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ‘‘such sums
as may be necessary for each of the fiscal years 1999 through
2003.’’ and inserting ‘‘$3,186,000 for fiscal year 2015, $3,432,000
for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000
for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000
for fiscal year 2020.’’.
Subtitle F—Rights and Advocacy
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SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUNCIL.
(a) INTERAGENCY COMMITTEE.—Section 501 (29 U.S.C. 791) is
amended—
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.—Section 502(j) (29 U.S.C. 792(j)) is amended by
striking ‘‘such sums as may be necessary for each of the fiscal
years 1999 through 2003.’’ and inserting ‘‘$7,448,000 for fiscal year
2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year
2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year
2019, and $8,750,000 for fiscal year 2020.’’.
(c) PROGRAM OR ACTIVITY.—Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ‘‘vocational education’’ and
inserting ‘‘career and technical education’’.
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(d) INTERAGENCY DISABILITY COORDINATING COUNCIL.—Section
507(a) (29 U.S.C. 794c(a)) is amended by inserting ‘‘the Chairperson
of the National Council on Disability,’’ before ‘‘and such other’’.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended—
(1) in subsection (c)(1)(A), by inserting ‘‘a grant, contract,
or cooperative agreement for’’ before ‘‘training’’;
(2) in subsection (f)(2)—
(A) by striking ‘‘general’’ and all that follows through
‘‘records’’ and inserting ‘‘general authorities, including the
authority to access records’’; and
(B) by inserting ‘‘of title I’’ after ‘‘subtitle C’’; and
(3) in subsection (l), by striking ‘‘such sums as may be
necessary for each of the fiscal years 1999 through 2003.’’
and inserting ‘‘$17,650,000 for fiscal year 2015, $19,013,000
for fiscal year 2016, $19,408,000 for fiscal year 2017,
$19,838,000 for fiscal year 2018, $20,305,000 for fiscal year
2019, and $20,735,000 for fiscal year 2020.’’.
SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
(a) IN GENERAL.—Title V (29 U.S.C. 791 et seq.) is amended
by adding at the end the following:
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Contracts.
29 USC 794g.
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‘‘SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
‘‘(a) IN GENERAL.—No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as
described in section 14(c) of the Fair Labor Standards Act of 1938
(29 U.S.C. 214(c)) may compensate an individual with a disability
who is age 24 or younger at a wage (referred to in this section
as a ‘subminimum wage’) that is less than the Federal minimum
wage unless 1 of the following conditions is met:
‘‘(1) The individual is currently employed, as of the effective
date of this section, by an entity that holds a valid certificate
pursuant to section 14(c) of the Fair Labor Standards Act
of 1938.
‘‘(2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces
documentation indicating completion of, each of the following
actions:
‘‘(A) The individual has received pre-employment
transition services that are available to the individual
under section 113, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) such as transition services available to the individual
under section 614(d) of that Act (20 U.S.C. 1414(d)).
‘‘(B) The individual has applied for vocational
rehabilitation services under title I, with the result that—
‘‘(i)(I) the individual has been found ineligible for
such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the
determination of ineligibility; or
‘‘(II)(aa) the individual has been determined to
be eligible for vocational rehabilitation services;
‘‘(bb) the individual has an individualized plan
for employment under section 102;
‘‘(cc) the individual has been working toward an
employment outcome specified in such individualized
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1677
plan for employment, with appropriate supports and
services, including supported employment services, for
a reasonable period of time without success; and
‘‘(dd) the individual’s vocational rehabilitation case
is closed; and
‘‘(ii)(I) the individual has been provided career
counseling, and information and referrals to Federal
and State programs and other resources in the individual’s geographic area that offer employment-related
services and supports designed to enable the individual
to explore, discover, experience, and attain competitive
integrated employment; and
‘‘(II) such counseling and information and referrals
are not for employment compensated at a subminimum
wage provided by an entity described in this subsection,
and such employment-related services are not compensated at a subminimum wage and do not directly
result in employment compensated at a subminimum
wage provided by an entity described in this subsection.
‘‘(b) CONSTRUCTION.—
‘‘(1) RULE.—Nothing in this section shall be construed to—
‘‘(A) change the purpose of this Act described in section
2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment;
or
‘‘(B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation
strategy or successful employment outcome, as defined in
section 7(11).
‘‘(2) CONTRACTS.—A local educational agency (as defined
in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)) or a State educational agency
(as defined in such section) may not enter into a contract
or other arrangement with an entity described in subsection
(a) for the purpose of operating a program for an individual
who is age 24 or younger under which work is compensated
at a subminimum wage.
‘‘(3) VOIDABILITY.—The provisions in this section shall be
construed in a manner consistent with the provisions of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.),
as amended before or after the effective date of this Act.
‘‘(c) DURING EMPLOYMENT.—
‘‘(1) IN GENERAL.—The entity described in subsection (a)
may not continue to employ an individual, regardless of age,
at a subminimum wage unless, after the individual begins
work at that wage, at the intervals described in paragraph
(2), the individual (with, in an appropriate case, the individual’s
parent or guardian)—
‘‘(A) is provided by the designated State unit career
counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates
independent decisionmaking and informed choice, as the
individual makes decisions regarding employment and
career advancement; and
‘‘(B) is informed by the employer of self-advocacy, selfdetermination, and peer mentoring training opportunities
available in the individual’s geographic area, provided by
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128 STAT. 1678
an entity that does not have any financial interest in
the individual’s employment outcome, under applicable
Federal and State programs or other sources.
‘‘(2) TIMING.—The actions required under subparagraphs
(A) and (B) of paragraph (1) shall be carried out once every
6 months for the first year of the individual’s employment
at a subminimum wage, and annually thereafter for the duration of such employment.
‘‘(3) SMALL BUSINESS EXCEPTION.—In the event that the
entity described in subsection (a) is a business with fewer
than 15 employees, such entity can satisfy the requirements
of subparagraphs (A) and (B) of paragraph (1) by referring
the individual, at the intervals described in paragraph (2),
to the designated State unit for the counseling, information,
and referrals described in paragraph (1)(A) and the information
described in paragraph (1)(B).
‘‘(d) DOCUMENTATION.—
‘‘(1) IN GENERAL.—The designated State unit, in consultation with the State educational agency, shall develop a new
process or utilize an existing process, consistent with guidelines
developed by the Secretary, to document the completion of
the actions described in subparagraphs (A) and (B) of subsection
(a)(2) by a youth with a disability who is an individual with
a disability.
‘‘(2) DOCUMENTATION PROCESS.—Such process shall require
that—
‘‘(A) in the case of a student with a disability, for
documentation of actions described in subsection (a)(2)(A)—
‘‘(i) if such a student with a disability receives
and completes each category of required activities in
section 113(b), such completion of services shall be
documented by the designated State unit in a manner
consistent with this section;
‘‘(ii) if such a student with a disability receives
and completes any transition services available for students with disabilities under the Individuals with
Disabilities Education Act, including those provided
under
section
614(d)(1)(A)(i)(VIII)
(20
U.S.C.
1414(d)(1)(A)(i)(VIII)), such completion of services shall
be documented by the appropriate school official
responsible for the provision of such transition services,
in a manner consistent with this section; and
‘‘(iii) the designated State unit shall provide the
final documentation, in a form and manner consistent
with this section, of the completion of pre-employment
transition services as described in clause (i), or transition services under the Individuals with Disabilities
Education Act as described in clause (ii), to the student
with a disability within a reasonable period of time
following the completion; and
‘‘(B) when an individual has completed the actions
described in subsection (a)(2)(B), the designated State unit
shall provide the individual a document indicating such
completion, in a manner consistent with this section, within
a reasonable time period following the completion of the
actions described in this subparagraph.
‘‘(e) VERIFICATION.—
Time period.
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Consultation.
Records.
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128 STAT. 1679
‘‘(1) BEFORE EMPLOYMENT.—Before an individual covered
by subsection (a)(2) begins work for an entity described in
subsection (a) at a subminimum wage, the entity shall review
such documentation received by the individual under subsection
(d), and provided by the individual to the entity, that indicates
that the individual has completed the actions described in
subparagraphs (A) and (B) of subsection (a)(2) and the entity
shall maintain copies of such documentation.
‘‘(2) DURING EMPLOYMENT.—
‘‘(A) IN GENERAL.—In order to continue to employ an
individual at a subminimum wage, the entity described
in subsection (a) shall verify completion of the requirements
of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies
of the documentation described in subsection (d).
‘‘(B) REVIEW OF DOCUMENTATION.—The entity described
in subsection (a) shall be subject to review of individual
documentation described in subsection (d) by a representative working directly for the designated State unit or the
Department of Labor at such a time and in such a manner
as may be necessary to fulfill the intent of this section,
consistent with regulations established by the designated
State unit or the Secretary of Labor.
‘‘(f) FEDERAL MINIMUM WAGE.—In this section, the term ‘Federal minimum wage’ means the rate applicable under section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).’’.
(b) EFFECTIVE DATE.—This section takes effect 2 years after
the date of enactment of the Workforce Innovation and Opportunity
Act.
Definition.
29 USC 794g
note.
Subtitle G—Employment Opportunities for
Individuals With Disabilities
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SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
Title VI (29 U.S.C. 795 et seq.) is amended—
(1) by striking part A;
(2) by striking the part heading relating to part B;
(3) by redesignating sections 621 through 628 as sections
602 through 609, respectively;
(4) in section 602, as redesignated by paragraph (3)—
(A) by striking ‘‘part’’ and inserting ‘‘title’’; and
(B) by striking ‘‘individuals with the most significant
disabilities’’ and all that follows and inserting ‘‘individuals
with the most significant disabilities, including youth with
the most significant disabilities, to enable such individuals
to achieve an employment outcome of supported employment in competitive integrated employment.’’;
(5) in section 603, as redesignated by paragraph (3)—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘part’’ and inserting ‘‘title’’;
(II) in subparagraph (A), by inserting
‘‘amount’’ after ‘‘whichever’’; and
(III) in subparagraph (B)—
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29 USC 795,
795a.
29 USC 795g
prec.
29 USC
795g–795n.
29 USC 795g.
29 USC 795h.
PUBL128
128 STAT. 1680
PUBLIC LAW 113–128—JULY 22, 2014
(aa) by striking ‘‘part for the fiscal year’’
and inserting ‘‘title for the fiscal year’’;
(bb) by striking ‘‘this part in fiscal year
1992’’ and inserting ‘‘part B of this title (as
in effect on September 30, 1992) in fiscal year
1992’’; and
(cc) by inserting ‘‘amount’’ after ‘‘whichever’’; and
(ii) in paragraph (2)(B), by striking ‘‘one-eighth
of one percent’’ and inserting ‘‘1⁄8 of 1 percent’’;
(B) in subsection (b)—
(i) by inserting ‘‘under subsection (a)’’ after ‘‘allotment to a State’’;
(ii) by striking ‘‘part’’ each place the term appears
and inserting ‘‘title’’; and
(iii) by striking ‘‘one or more’’ and inserting ‘‘1
or more’’; and
(C) by adding at the end the following:
‘‘(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A State that
receives an allotment under this title shall not use more than
2.5 percent of such allotment to pay for administrative costs.
‘‘(d) SERVICES FOR YOUTH WITH THE MOST SIGNIFICANT DISABILITIES.—A State that receives an allotment under this title shall
reserve and expend half of such allotment for the provision of
supported employment services, including extended services, to
youth with the most significant disabilities in order to assist those
youth in achieving an employment outcome in supported employment.’’;
(6) by striking section 604, as redesignated by paragraph
(3), and inserting the following:
29 USC 795i.
Time period.
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29 USC 795j.
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‘‘SEC. 604. AVAILABILITY OF SERVICES.
‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Funds provided
under this title may be used to provide supported employment
services to individuals who are eligible under this title.
‘‘(b) EXTENDED SERVICES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
funds provided under this title, or title I, may not be used
to provide extended services to individuals under this title
or title I.
‘‘(2) EXTENDED SERVICES FOR YOUTH WITH THE MOST
SIGNIFICANT DISABILITIES.—Funds allotted under this title, or
title I, and used for the provision of services under this title
to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth
with the most significant disabilities. Such extended services
shall be available for a period not to exceed 4 years.’’;
(7) in section 605, as redesignated by paragraph (3)—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘‘, including a youth with a disability,’’ after ‘‘An individual’’; and
(ii) by striking ‘‘this part’’ and inserting ‘‘this title’’;
(B) in paragraph (1), by inserting ‘‘under title I’’ after
‘‘rehabilitation services’’;
(C) in paragraph (2), by striking ‘‘and’’ after the semicolon;
(D) by redesignating paragraph (3) as paragraph (4);
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1681
(E) by inserting after paragraph (2) the following:
‘‘(3) for purposes of activities carried out with funds
described in section 603(d), the individual is a youth with
a disability, as defined in section (7)(42); and’’; and
(F) in paragraph (4), as redesignated by subparagraph
(D), by striking ‘‘assessment of rehabilitation needs’’ and
inserting ‘‘assessment of the rehabilitation needs’’;
(8) in section 606, as redesignated by paragraph (3)—
(A) in subsection (a)—
(i) by striking ‘‘this part’’ and inserting ‘‘this title’’;
and
(ii) by inserting ‘‘, including youth with the most
significant disabilities,’’ after ‘‘individuals’’;
(B) in subsection (b)—
(i) in paragraph (1), by striking ‘‘this part’’ and
inserting ‘‘this title’’;
(ii) in paragraph (2), by inserting ‘‘, including
youth,’’ after ‘‘rehabilitation needs of individuals’’;
(iii) in paragraph (3)—
(I) by inserting ‘‘, including youth with the
most significant disabilities,’’ after ‘‘provided to
individuals’’; and
(II) by striking ‘‘section 622’’ and inserting
‘‘section 603’’;
(iv) by striking paragraph (7);
(v) by redesignating paragraph (6) as paragraph
(7);
(vi) by inserting after paragraph (5) the following:
‘‘(6) describe the activities to be conducted pursuant to
section 603(d) for youth with the most significant disabilities,
including—
‘‘(A) the provision of extended services for a period
not to exceed 4 years; and
‘‘(B) how the State will use the funds reserved in
section 603(d) to leverage other public and private funds
to increase resources for extended services and expand
supported employment opportunities for youth with the
most significant disabilities;’’;
(vii) in paragraph (7), as redesignated by clause
(v)—
(I) in subparagraph (A), by striking ‘‘under
this part’’ both places the term appears and
inserting ‘‘under this title’’;
(II) in subparagraph (B), by inserting ‘‘,
including youth with the most significant disabilities,’’ after ‘‘significant disabilities’’;
(III) in subparagraph (C)—
(aa) in clause (i), by inserting ‘‘, including,
as appropriate, for youth with the most significant disabilities, transition services and preemployment transition services’’ after ‘‘services
to be provided’’;
(bb) in clause (ii), by inserting ‘‘, including
the extended services that may be provided
to youth with the most significant disabilities
under this title, in accordance with an
approved individualized plan for employment,
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29 USC 795k.
Time period.
Time period.
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128 STAT. 1682
PUBLIC LAW 113–128—JULY 22, 2014
for a period not to exceed 4 years’’ after ‘‘services needed’’; and
(cc) in clause (iii)—
(AA) by striking ‘‘identify the source
of extended services,’’ and inserting ‘‘identify, as appropriate, the source of extended
services,’’;
(BB) by striking ‘‘or to the extent’’
and inserting ‘‘or indicate’’; and
(CC) by striking ‘‘employment is
developed’’ and all that follows and
inserting ‘‘employment is developed;’’
(IV) in subparagraph (D), by striking ‘‘under
this part’’ and inserting ‘‘under this title’’;
(V) in subparagraph (F), by striking ‘‘and’’
after the semicolon;
(VI) in subparagraph (G), by striking ‘‘for the
maximum number of hours possible’’; and
(VII) by adding at the end the following:
‘‘(H) the State agencies designated under paragraph
(1) will expend not more than 2.5 percent of the allotment
of the State under this title for administrative costs of
carrying out this title; and
‘‘(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will
provide, directly or indirectly through public or private
entities, non-Federal contributions in an amount that is
not less than 10 percent of the costs of carrying out such
services; and’’;
(9) by striking section 607, as redesignated by paragraph
(3), and inserting the following:
‘‘SEC. 607. RESTRICTION.
29 USC 795l.
29 USC 795m.
29 USC 795n.
‘‘Each State agency designated under section 606(b)(1) shall
collect the information required by section 101(a)(10) separately
for—
‘‘(1) eligible individuals receiving supported employment
services under this title;
‘‘(2) eligible individuals receiving supported employment
services under title I;
‘‘(3) eligible youth receiving supported employment services
under this title; and
‘‘(4) eligible youth receiving supported employment services
under title I.’’;
(10) in section 608(b), as redesignated by paragraph (3),
by striking ‘‘this part’’ both places the terms appears and
inserting ‘‘this title’’; and
(11) by striking section 609, as redesignated by paragraph
(3), and inserting the following:
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‘‘SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE
INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH
DISABILITIES.
Deadline.
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‘‘(a) ESTABLISHMENT.—Not later than 60 days after the date
of enactment of the Workforce Innovation and Opportunity Act,
the Secretary of Labor shall establish an Advisory Committee on
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1683
Increasing Competitive Integrated Employment for Individuals with
Disabilities (referred to in this section as the ‘Committee’).
‘‘(b) APPOINTMENT AND VACANCIES.—
‘‘(1) APPOINTMENT.—The Secretary of Labor shall appoint
the members of the Committee described in subsection (c)(6),
in accordance with subsection (c).
‘‘(2) VACANCIES.—Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner,
in accordance with the same paragraph of subsection (c), as
the original appointment or designation was made.
‘‘(c) COMPOSITION.—The Committee shall be composed of—
‘‘(1) the Assistant Secretary for Disability Employment
Policy, the Assistant Secretary for Employment and Training,
and the Administrator of the Wage and Hour Division, of the
Department of Labor;
‘‘(2) the Commissioner of the Administration on Intellectual
and Developmental Disabilities, or the Commissioner’s designee;
‘‘(3) the Director of the Centers for Medicare & Medicaid
Services of the Department of Health and Human Services,
or the Director’s designee;
‘‘(4) the Commissioner of Social Security, or the Commissioner’s designee;
‘‘(5) the Commissioner of the Rehabilitation Services
Administration, or the Commissioner’s designee; and
‘‘(6) representatives from constituencies consisting of—
‘‘(A) self-advocates for individuals with intellectual or
developmental disabilities;
‘‘(B) providers of employment services, including those
that employ individuals with intellectual or developmental
disabilities in competitive integrated employment;
‘‘(C) representatives of national disability advocacy
organizations for adults with intellectual or developmental
disabilities;
‘‘(D) experts with a background in academia or research
and expertise in employment and wage policy issues for
individuals with intellectual or developmental disabilities;
‘‘(E) representatives from the employer community or
national employer organizations; and
‘‘(F) other individuals or representatives of organizations with expertise on increasing opportunities for
competitive integrated employment for individuals with
disabilities.
‘‘(d) CHAIRPERSON.—The Committee shall elect a Chairperson
of the Committee from among the appointed members of the Committee.
‘‘(e) MEETINGS.—The Committee shall meet at the call of the
Chairperson, but not less than 8 times.
‘‘(f) DUTIES.—The Committee shall study, and prepare findings,
conclusions, and recommendations for the Secretary of Labor on—
‘‘(1) ways to increase the employment opportunities for
individuals with intellectual or developmental disabilities or
other individuals with significant disabilities in competitive
integrated employment;
‘‘(2) the use of the certificate program carried out under
section 14(c) of the Fair Labor Standards Act of 1938 (29
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Recommendations.
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PUBLIC LAW 113–128—JULY 22, 2014
U.S.C. 214(c)) for the employment of individuals with intellectual or developmental disabilities, or other individuals with
significant disabilities; and
‘‘(3) ways to improve oversight of the use of such certificates.
‘‘(g) COMMITTEE PERSONNEL MATTERS.—
‘‘(1) TRAVEL EXPENSES.—The members of the Committee
shall not receive compensation for the performance of services
for the Committee, but shall be allowed reasonable travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Committee. Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept the
voluntary and uncompensated services of members of the Committee.
‘‘(2) STAFF.—The Secretary of Labor may designate such
personnel as may be necessary to enable the Committee to
perform its duties.
‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
‘‘(4) FACILITIES, EQUIPMENT, AND SERVICES.—The Secretary
of Labor shall make available to the Committee, under such
arrangements as may be appropriate, necessary equipment,
supplies, and services.
‘‘(h) REPORTS.—
‘‘(1) INTERIM AND FINAL REPORTS.—The Committee shall
prepare and submit to the Secretary of Labor, as well as the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce
of the House of Representatives—
‘‘(A) an interim report that summarizes the progress
of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f);
and
‘‘(B) a final report that states final findings, conclusions, and recommendations as described in subsection (f).
‘‘(2) PREPARATION AND SUBMISSION.—The reports shall be
prepared and submitted—
‘‘(A) in the case of the interim report, not later than
1 year after the date on which the Committee is established
under subsection (a); and
‘‘(B) in the case of the final report, not later than
2 years after the date on which the Committee is established under subsection (a).
‘‘(i) TERMINATION.—The Committee shall terminate on the day
after the date on which the Committee submits the final report.
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29 USC 795o.
‘‘SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out this title
$27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016,
$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018,
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1685
$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year
2020.’’.
Subtitle H—Independent Living Services
and Centers for Independent Living
CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT
DISABILITIES
Subchapter A—General Provisions
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph
(1) by striking ‘‘part B of title VI’’ and inserting
VI’’; and
(2) by inserting before the period the following: ‘‘,
the goal of improving the independence of individuals
disabilities’’.
(3)—
‘‘title
with
with
SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting after
section 701 the following:
‘‘SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
29 USC 796–1.
‘‘There is established within the Administration for Community
Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section
as the ‘Director’) appointed by the Secretary of Health and Human
Services. The Director shall be an individual with substantial
knowledge of independent living services. The Independent Living
Administration shall be the principal agency, and the Director
shall be the principal officer, to carry out this chapter. In performing
the functions of the office, the Director shall be directly responsible
to the Administrator of the Administration for Community Living
of the Department of Health and Human Services. The Secretary
shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from
the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support
to, and oversight of, the programs funded under this chapter.’’.
Establishment.
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SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended—
(1) in paragraph (1)—
(A) in the matter before subparagraph (A), by inserting
‘‘for individuals with significant disabilities (regardless of
age or income)’’ before ‘‘that—’’; and
(B) in subparagraph (B), by striking the period and
inserting ‘‘, including, at a minimum, independent living
core services as defined in section 7(17).’’;
(2) in paragraph (2), by striking the period and inserting
the following: ‘‘, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.’’;
(3) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
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PUBLIC LAW 113–128—JULY 22, 2014
(4) by inserting before paragraph (2) the following:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Administration for Community Living of
the Department of Health and Human Services.’’.
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SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting after ‘‘State plan’’ the following:
‘‘developed and signed in accordance with paragraph
(2),’’; and
(ii) by striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Administrator’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘developed and signed by’’; and
(ii) by striking subparagraphs (A) and (B) and
inserting the following:
‘‘(A) developed by the chairperson of the Statewide
Independent Living Council, and the directors of the centers for independent living in the State, after receiving
public input from individuals with disabilities and other
stakeholders throughout the State; and
‘‘(B) signed by—
‘‘(i) the chairperson of the Statewide Independent
Living Council, acting on behalf of and at the direction
of the Council;
‘‘(ii) the director of the designated State entity
described in subsection (c); and
‘‘(iii) not less than 51 percent of the directors of
the centers for independent living in the State.’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘State independent living services’’ and inserting ‘‘independent
living services in the State’’; and
(ii) by striking subparagraph (C) and inserting
the following:
‘‘(C) working relationships and collaboration between—
‘‘(i) centers for independent living; and
‘‘(ii)(I) entities carrying out programs that provide
independent living services, including those serving
older individuals;
‘‘(II) other community-based organizations that
provide or coordinate the provision of housing,
transportation, employment, information and referral
assistance, services, and supports for individuals with
significant disabilities; and
‘‘(III) entities carrying out other programs providing services for individuals with disabilities.’’.
(D) in paragraph (4), by striking ‘‘Commissioner’’ each
place it appears and inserting ‘‘Administrator’’; and
(E) by adding at the end the following:
‘‘(5) STATEWIDENESS.—The State plan shall describe strategies for providing independent living services on a statewide
basis, to the greatest extent possible.’’;
(2) in subsection (c)—
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(A) in the subsection heading, by striking ‘‘UNIT’’ and
inserting ‘‘ENTITY’’;
(B) in the matter preceding paragraph (1), by striking
‘‘the designated State unit of such State’’ and inserting
‘‘a State entity of such State (referred to in this title as
the ‘designated State entity’)’’;
(C) in paragraphs (3) and (4), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’;
(D) in paragraph (3), by striking ‘‘and’’ at the end;
(E) in paragraph (4), by striking the period and
inserting ‘‘; and’’; and
(F) by adding at the end the following:
‘‘(5) retain not more than 5 percent of the funds received
by the State for any fiscal year under part B, for the performance of the services outlined in paragraphs (1) through (4).’’;
(3) in subsection (i), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) the Statewide Independent Living Council;
‘‘(2) centers for independent living;
‘‘(3) the designated State entity; and
‘‘(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.’’;
(4) in subsection (m)—
(A) in paragraph (4), by striking ‘‘Commissioner’’ each
place it appears and inserting ‘‘Administrator’’; and
(B) in paragraph (5), by striking ‘‘Commissioner’’ and
inserting ‘‘Administrator’’; and
(5) by adding at the end the following:
‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY LIFE.—The plan
shall describe how the State will provide independent living services
described in section 7(18) that promote full access to community
life for individuals with significant disabilities.’’.
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SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended—
(1) in subsection (a), by inserting ‘‘and maintain’’ after
‘‘shall establish’’;
(2) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by inserting ‘‘among its voting members,’’
before ‘‘at least’’; and
(II) by striking ‘‘one’’ and inserting ‘‘1’’; and
(ii) by striking subparagraphs (B) and (C) and
inserting the following:
‘‘(B) among its voting members, for a State in which
1 or more centers for independent living are run by, or
in conjunction with, the governing bodies of American
Indian tribes located on Federal or State reservations, at
least 1 representative of the directors of such centers; and
‘‘(C) as ex officio, nonvoting members, a representative
of the designated State entity, and representatives from
State agencies that provide services for individuals with
disabilities.’’;
(B) in paragraph (3)—
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(i) by redesignating subparagraphs (C) through (F)
as subparagraphs (D) through (G), respectively;
(ii) in subparagraph (B), by striking ‘‘parents and
guardians of’’; and
(iii) by inserting after paragraph (B) the following:
‘‘(C) parents and guardians of individuals with disabilities;’’;
(C) in paragraph (5)(B), by striking ‘‘paragraph (3)’’
and inserting ‘‘paragraph (1)’’; and
(D) in paragraph (6)(B), by inserting ‘‘, other than
a representative described in paragraph (2)(A) if there is
only one center for independent living within the State,’’
after ‘‘the Council’’;
(3) by striking subsection (c) and inserting the following:
‘‘(c) FUNCTIONS.—
‘‘(1) DUTIES.—The Council shall—
‘‘(A) develop the State plan as provided in section
704(a)(2);
‘‘(B) monitor, review, and evaluate the implementation
of the State plan;
‘‘(C) meet regularly, and ensure that such meetings
of the Council are open to the public and sufficient advance
notice of such meetings is provided;
‘‘(D) submit to the Administrator such periodic reports
as the Administrator may reasonably request, and keep
such records, and afford such access to such records, as
the Administrator finds necessary to verify the information
in such reports; and
‘‘(E) as appropriate, coordinate activities with other
entities in the State that provide services similar to or
complementary to independent living services, such as entities that facilitate the provision of or provide long-term
community-based services and supports.
‘‘(2) AUTHORITIES.—The Council may, consistent with the
State plan described in section 704, unless prohibited by State
law—
‘‘(A) in order to improve services provided to individuals
with disabilities, work with centers for independent living
to coordinate services with public and private entities;
‘‘(B) conduct resource development activities to support
the activities described in this subsection or to support
the provision of independent living services by centers for
independent living; and
‘‘(C) perform such other functions, consistent with the
purpose of this chapter and comparable to other functions
described in this subsection, as the Council determines
to be appropriate.
‘‘(3) LIMITATION.—The Council shall not provide independent living services directly to individuals with significant
disabilities or manage such services.’’;
(4) in subsection (e)—
(A) in paragraph (1), in the first sentence, by striking
‘‘prepare’’ and all that follows through ‘‘a plan’’ and
inserting ‘‘prepare, in conjunction with the designated State
entity, a plan’’; and
(B) in paragraph (3), by striking ‘‘State agency’’ and
inserting ‘‘State entity’’; and
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(5) in subsection (f)—
(A) by striking ‘‘such resources’’ and inserting ‘‘available resources’’; and
(B) by striking ‘‘(including’’ and all that follows through
‘‘compensation’’ and inserting ‘‘(such as personal assistance
services), and to pay reasonable compensation’’.
SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR.
Section 706 (29 U.S.C. 796d–1) is amended—
(1) by striking the title of the section and inserting the
following:
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‘‘SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.’’;
(2) in subsection (a)—
(A) in paragraph (1), by striking ‘‘Commissioner’’ each
place it appears and inserting ‘‘Administrator’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’; and
(ii) in subparagraph (B)—
(I) in clause (i)—
(aa) by inserting ‘‘or the Commissioner’’
after ‘‘to the Secretary’’; and
(bb) by striking ‘‘to the Commissioner;
and’’ and inserting ‘‘to the Administrator;’’;
(II) by redesignating clause (ii) as clause (iii);
and
(III) by inserting after clause (i) the following:
‘‘(ii) to the State agency shall be deemed to be
references to the designated State entity; and’’;
(3) by striking subsection (b) and inserting the following:
‘‘(b) INDICATORS.—Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act, the
Administrator shall develop and publish in the Federal Register
indicators of minimum compliance for centers for independent living
(consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living
Councils.’’;
(4) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Administrator’’; and
(ii) by striking the last sentence;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’;
(ii) in subparagraph (A), by striking ‘‘such a
review’’ and inserting ‘‘a review described in paragraph
(1)’’; and
(iii) in subparagraphs (A) and (B), by striking
‘‘Department’’ each place it appears and inserting
‘‘Department of Health and Human Services’’; and
(5) by striking subsection (d) and inserting the following:
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—The Director described in section 701A
shall provide to the Administrator of the Administration for
Community Living and the Administrator shall include, in an
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Deadline.
Federal Register,
publication.
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annual report, information on the extent to which centers for
independent living receiving funds under part C have complied
with the standards and assurances set forth in section 725.
The Director may identify individual centers for independent
living in the analysis contained in that information. The
Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent
living and other recipients of assistance under part C.
‘‘(2) PUBLIC AVAILABILITY.—The Director shall ensure that
the report described in this subsection is made publicly available in a timely manner, including through electronic means,
in order to inform the public about the administration and
performance of programs under this Act.’’.
Subchapter B—Independent Living Services
SEC. 476. ADMINISTRATION.
(a) ALLOTMENTS.—Section 711 (29 U.S.C. 796e) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(A)—
(i) by striking ‘‘Except’’ and inserting ‘‘After the
reservation required by section 711A is made, and
except’’; and
(ii) by inserting ‘‘the remainder of the’’ before
‘‘sums appropriated’’; and
(B) in paragraph (2)(B), by striking ‘‘amounts made
available for purposes of this part’’ and inserting
‘‘remainder described in paragraph (1)(A)’’;
(2) in subsections (a), (b), and (c), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’;
and
(3) by adding at the end the following:
‘‘(d) ADMINISTRATION.—Funds allotted or made available to a
State under this section shall be administered by the designated
State entity, in accordance with the approved State plan.’’.
(b) TRAINING AND TECHNICAL ASSISTANCE.—Part B of chapter
1 of title VII is amended by inserting after section 711 (29 U.S.C.
796e) the following:
‘‘TRAINING
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Contracts.
29 USC 796e–0.
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AND TECHNICAL ASSISTANCE
‘‘SEC. 711A. (a) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with
fiscal year 2015, the Administrator shall first reserve not less
than 1.8 percent and not more than 2 percent of the funds to
provide, either directly or through grants, contracts, or cooperative
agreements, training and technical assistance to Statewide Independent Living Councils established under section 705 for such
fiscal year.
‘‘(b) The Administrator shall conduct a survey of such Statewide
Independent Living Councils regarding training and technical
assistance needs in order to determine funding priorities for such
training and technical assistance.
‘‘(c) To be eligible to receive a grant or enter into a contract
or cooperative agreement under this section, an entity shall submit
an application to the Administrator at such time, in such manner,
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containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review
of applications by panels that include persons who are not government employees and who have experience in the operation of such
Statewide Independent Living Councils.’’.
(c) PAYMENTS.—Section 712(a) (29 U.S.C. 796e–1(a)) is amended
by striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’.
(d) AUTHORIZED USES OF FUNDS.—Section 713 (29 U.S.C. 796e–
2) is amended—
(1) by striking the matter preceding paragraph (1) and
inserting the following:
‘‘(a) IN GENERAL.—The State may use funds received under
this part to provide the resources described in section 705(e) (but
may not use more than 30 percent of the funds paid to the State
under section 712 for such resources unless the State specifies
that a greater percentage of the funds is needed for such resources
in a State plan approved under section 706), relating to the Statewide Independent Living Council, may retain funds under section
704(c)(5), and shall distribute the remainder of the funds received
under this part in a manner consistent with the approved State
plan for the activities described in subsection (b).
‘‘(b) ACTIVITIES.—The State may use the remainder of the funds
described in subsection (a)—’’; and
(2) in paragraph (1), by inserting ‘‘, particularly those in
unserved areas of the State’’ after ‘‘disabilities’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 714 (29 U.S.C.
796e–3) is amended by striking ‘‘such sums as may be necessary
for each of the fiscal years 1999 through 2003.’’ and inserting
‘‘$22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016,
$25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018,
$26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year
2020.’’.
Peer review.
Subchapter C—Centers for Independent Living
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SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended—
(1) in subsection (a)—
(A) by striking ‘‘1999’’ and inserting ‘‘2015’’;
(B) by striking ‘‘Commissioner shall allot’’ and inserting
‘‘Administrator shall make available’’; and
(C) by inserting ‘‘, centers for independent living,’’ after
‘‘States’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘OTHER
ARRANGEMENTS’’ and inserting ‘‘COOPERATIVE AGREEMENTS’’;
(ii) by striking ‘‘For’’ and all that follows through
‘‘Commissioner’’ and inserting ‘‘From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator’’;
(iii) by striking ‘‘reserve from such excess’’ and
inserting ‘‘reserve not less than 1.8 percent and not
more than 2 percent of the funds’’; and
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(iv) by striking ‘‘eligible agencies’’ and all that
follows and inserting ‘‘centers for independent living
and eligible agencies for such fiscal year.’’;
(B) in paragraph (2)—
(i) by striking ‘‘Commissioner shall make grants
to, and enter into contracts and other arrangements
with,’’ and inserting ‘‘Administrator shall make grants
to, or enter into contracts or cooperative agreements
with,’’; and
(ii) by inserting ‘‘fiscal management of,’’ before
‘‘planning,’’;
(C) in paragraphs (3), (4), and (5), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’;
and
(D) in paragraph (3), by striking ‘‘Statewide Independent Living Councils and’’;
(3) in paragraph (4), by striking ‘‘other arrangement’’ and
inserting ‘‘cooperative agreement’’;
(4) in subsection (c), by striking ‘‘Commissioner’’ each place
it appears and inserting ‘‘Administrator’’; and
(5) in subsection (d), by striking ‘‘Commissioner’’ each place
it appears and inserting ‘‘Administrator’’.
SEC. 482. CENTERS.
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Determination.
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(a) CENTERS IN STATES IN WHICH FEDERAL FUNDING EXCEEDS
STATE FUNDING.—Section 722 (29 U.S.C. 796f–1) is amended—
(1) in subsections (a), (b), and (c), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’;
(2) in subsection (c)—
(A) by striking ‘‘grants’’ and inserting ‘‘grants for a
fiscal year’’; and
(B) by striking ‘‘by September 30, 1997’’ and inserting
‘‘for the preceding fiscal year’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘Commissioner’’ and inserting
‘‘Administrator’’; and
(ii) by striking ‘‘region, consistent’’ and all that
follows and inserting ‘‘region. The Administrator’s
determination of the most qualified applicant shall be
consistent with the provisions in the State plan setting
forth the design of the State for establishing a statewide network of centers for independent living.’’; and
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’; and
(ii) by striking subparagraph (A) and inserting
the following:
‘‘(A) shall consider comments regarding the application—
‘‘(i) by individuals with disabilities and other
interested parties within the new region proposed to
be served; and
‘‘(ii) if any, by the Statewide Independent Living
Council in the State in which the applicant is located;’’;
and
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(4) in subsections (e) and (g) by striking ‘‘Commissioner’’
each place it appears and inserting ‘‘Administrator.’’.
(b) CENTERS IN STATES IN WHICH STATE FUNDING EXCEEDS
FEDERAL FUNDING.—Section 723 (29 U.S.C. 796f–2) is amended—
(1) in subsections (a), (b), (g), (h), and (i), by striking
‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’;
(2) in subsection (a)—
(A) in paragraph (1)(A)(ii), by inserting ‘‘of a designated
State unit’’ after ‘‘director’’; and
(B) in the heading of paragraph (3), by striking
‘‘COMMISSIONER’’ and inserting ‘‘ADMINISTRATOR’’; and
(3) in subsection (c)—
(A) by striking ‘‘grants’’ and inserting ‘‘grants for a
fiscal year’’; and
(B) by striking ‘‘by September 30, 1997’’ and inserting
‘‘for the preceding fiscal year’’.
(c) CENTERS OPERATED BY STATE AGENCIES.—Section 724 (29
U.S.C. 796f–3) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘1993’’ and inserting ‘‘2015’’;
(B) by striking ‘‘Rehabilitation Act Amendments of
1998’’ and inserting ‘‘Workforce Innovation and Opportunity Act’’; and
(C) by striking ‘‘1994’’ and inserting ‘‘2015’’; and
(2) by striking ‘‘Commissioner’’ each place it appears and
inserting ‘‘Administrator’’.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f–4) is amended—
(1) in subsection (b)(1)(D)—
(A) by striking ‘‘access of’’ and inserting ‘‘access for’’;
and
(B) by striking ‘‘to society and’’ and inserting ‘‘, within
their communities,’’; and
(2) in subsection (c), by striking ‘‘Commissioner’’ each place
it appears and inserting ‘‘Administrator’’.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f–6) is amended by striking ‘‘such
sums as may be necessary for each of the fiscal years 1999 through
2003.’’ and inserting ‘‘$78,305,000 for fiscal year 2015, $84,353,000
for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000
for fiscal year 2018, $90,083,000 for fiscal year 2019, and
$91,992,000 for fiscal year 2020.’’.
CHAPTER 2—INDEPENDENT LIVING SERVICES FOR
OLDER INDIVIDUALS WHO ARE BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BLIND.
Chapter 2 of title VII (29 U.S.C. 796j et seq.) is amended
by inserting after section 751 the following:
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‘‘TRAINING
AND TECHNICAL ASSISTANCE
‘‘SEC. 751A. (a) From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with
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Grants.
Contracts.
29 USC 796j–1.
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fiscal year 2015, the Commissioner shall first reserve not less
than 1.8 percent and not more than 2 percent of the funds to
provide, either directly or through grants, contracts, or cooperative
agreements, training and technical assistance to designated State
agencies, or other providers of independent living services for older
individuals who are blind, that are funded under this chapter
for such fiscal year.
‘‘(b) The Commissioner shall conduct a survey of designated
State agencies that receive grants under section 752 regarding
training and technical assistance needs in order to determine
funding priorities for such training and technical assistance.
‘‘(c) To be eligible to receive a grant or enter into a contract
or cooperative agreement under this section, an entity shall submit
an application to the Commissioner at such time, in such manner,
containing a proposal to provide such training and technical assistance, and containing such additional information, as the Commissioner may require. The Commissioner shall provide for peer review
of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind.’’.
SEC. 487. PROGRAM OF GRANTS.
Section 752 (29 U.S.C. 796k) is amended—
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively;
(3) in subsection (c)(2)—
(A) by striking ‘‘subsection (j)’’ and inserting ‘‘subsection (i)’’; and
(B) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’;
(4) in subsection (g), by inserting ‘‘, or contracts or cooperative agreements with,’’ after ‘‘grants to’’;
(5) in subsection (h), as redesignated by paragraph (2)—
(A) in paragraph (1), by striking ‘‘subsection (j)(4)’’
and inserting ‘‘subsection (i)(4)’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)(vi), by adding ‘‘and’’ after
the semicolon;
(ii) in subparagraph (B)(ii)(III), by striking ‘‘; and’’
and inserting a period; and
(iii) by striking subparagraph (C); and
(6) in subsection (i), as redesignated by paragraph (2)—
(A) in paragraph (2)(A)(ii), by inserting ‘‘, and not
reserved under section 751A,’’ after ‘‘section 753’’;
(B) in paragraph (3)(A), by inserting ‘‘, and not reserved
under section 751A,’’ after ‘‘section 753’’; and
(C) in paragraph (4)(B)(i), by striking ‘‘subsection (i)’’
and inserting ‘‘subsection (h)’’.
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SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 753 (29 U.S.C. 796l) is amended by striking ‘‘such
sums as may be necessary for each of the fiscal years 1999 through
2003.’’ and inserting ‘‘$33,317,000 for fiscal year 2015, $35,890,000
for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000
for fiscal year 2018, $38,328,000 for fiscal year 2019, and
$39,141,000 for fiscal year 2020.’’.
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128 STAT. 1695
Subtitle I—General Provisions
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SEC. 491. TRANSFER OF FUNCTIONS REGARDING INDEPENDENT
LIVING TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND SAVINGS PROVISIONS.
(a) DEFINITIONS.—For purposes of this section, unless otherwise
provided or indicated by the context—
(1) the term ‘‘Administration for Community Living’’ means
the Administration for Community Living of the Department
of Health and Human Services;
(2) the term ‘‘Federal agency’’ has the meaning given to
the term ‘‘agency’’ by section 551(1) of title 5, United States
Code;
(3) the term ‘‘function’’ means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program;
and
(4) the term ‘‘Rehabilitation Services Administration’’
means the Rehabilitation Services Administration of the Office
of Special Education and Rehabilitative Services of the Department of Education.
(b) TRANSFER OF FUNCTIONS.—There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related
functions of any officer or employee of that Administration) under
chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796 et seq.).
(c) PERSONNEL DETERMINATIONS BY THE OFFICE OF MANAGEMENT AND BUDGET.—The Office of Management and Budget shall—
(1) ensure that this section does not result in any net
increase in full-time equivalent employees at any Federal
agency impacted by this section; and
(2) not later than 1 year after the effective date of this
section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(d) DELEGATION AND ASSIGNMENT.—Except where otherwise
expressly prohibited by law or otherwise provided by this section,
the Administrator of the Administration for Community Living
may delegate any of the functions transferred to the Administrator
of such Administration by subsection (b) and any function described
in subsection (b) that was transferred or granted to such Administrator after the effective date of this section to such officers and
employees of such Administration as the Administrator may designate, and may authorize successive redelegations of such functions
described in subsection (b) as may be necessary or appropriate.
No delegation of such functions by the Administrator of the
Administration for Community Living under this subsection or
under any other provision of this section shall relieve such Administrator of responsibility for the administration of such functions.
(e) REORGANIZATION.—Except where otherwise expressly
prohibited by law or otherwise provided by this Act, the Administrator of the Administration for Community Living is authorized
to allocate or reallocate any function transferred under subsection
(b) among the officers of such Administration, and to consolidate,
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42 USC 3515e.
Deadline.
Certification.
PUBL128
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Regulations.
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Determinations.
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alter, or discontinue such organizational entities in such Administration as may be necessary or appropriate.
(f) RULES.—The Administrator of the Administration for
Community Living is authorized to prescribe, in accordance with
the provisions of chapters 5 and 6 of title 5, United States Code,
such rules and regulations as that Administrator determines necessary or appropriate to administer and manage the functions
described in subsection (b) of that Administration.
(g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used,
held, arising from, available to, or to be made available in connection with the functions transferred by subsection (b), subject to
section 1531 of title 31, United States Code, shall be transferred
to the Administration for Community Living. Unexpended funds
transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and appropriated.
(h) INCIDENTAL TRANSFERS.—The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, is authorized to make such determinations as may
be necessary with regard to the functions transferred by subsection
(b), and to make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be necessary
to carry out the provisions of this section. The Director of the
Office of Management and Budget shall provide for the termination
of the affairs of all entities terminated by this section and for
such further measures and dispositions as may be necessary to
effectuate the purposes of this section, with respect to such functions.
(i) SAVINGS PROVISIONS.—
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and
other administrative actions—
(A) which have been issued, made, granted, or allowed
to become effective by the President, any Federal agency
or official thereof, or by a court of competent jurisdiction,
in the performance of functions which are transferred under
subsection (b); and
(B) which are in effect at the time this section takes
effect, or were final before the effective date of this section
and are to become effective on or after the effective date
of this section,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court
of competent jurisdiction, or by operation of law.
(2) PROCEEDINGS NOT AFFECTED.—The provisions of this
section shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
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128 STAT. 1697
certificate, or financial assistance pending before the
Rehabilitation Services Administration at the time this section
takes effect, with respect to functions transferred by subsection
(b) but such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to
such orders, as if this section had not been enacted, and orders
issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation
of law. Nothing in this paragraph shall be deemed to prohibit
the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this section had not been enacted.
(3) SUITS NOT AFFECTED.—The provisions of this section
shall not affect suits commenced (with respect to functions
transferred under subsection (b)) before the effective date of
this section, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner
and with the same effect as if this section had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, action, or other
proceeding commenced by or against the Rehabilitation Services
Administration (with regard to functions transferred under subsection (b)), or by or against any individual in the official
capacity of such individual as an officer of the Rehabilitation
Services Administration (with regard to functions transferred
under subsection (b)), shall abate by reason of the enactment
of this section.
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION
OF REGULATIONS.—Any administrative action relating to the
preparation or promulgation of a regulation by the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)) may be continued by the Administration for Community Living with the same effect as if this
section had not been enacted.
(j) SEPARABILITY.—If a provision of this section or its application
to any person or circumstance is held invalid, neither the remainder
of this section nor the application of the provision to other persons
or circumstances shall be affected.
(k) REFERENCES.—A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to—
(1) the Commissioner of the Rehabilitation Services
Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administrator
of the Administration for Community Living; and
(2) the Rehabilitation Services Administration (with regard
to functions transferred under subsection (b)), shall be deemed
to refer to the Administration for Community Living.
(l) TRANSITION.—The Administrator of the Administration for
Community Living is authorized to utilize—
(1) the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with
regard to functions transferred under subsection (b); and
(2) funds appropriated to such functions,
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Applicability.
Applicability.
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for such period of time as may reasonably be needed to facilitate
the orderly implementation of this section.
(m) ADMINISTRATION FOR COMMUNITY LIVING.—
(1) TRANSFER OF FUNCTIONS.—There are transferred to the
Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration
exercised before the effective date of this section (including
all related functions of any officer or employee of that Administration) under the Assistive Technology Act of 1998 (29 U.S.C.
3001 et seq.).
(2) ADMINISTRATIVE MATTERS.—Subsections (d) through (l)
shall apply to transfers described in paragraph (1).
(n) NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING,
AND REHABILITATION RESEARCH.—
(1) DEFINITIONS.—For purposes of this subsection, unless
otherwise provided or indicated by the context—
(A) the term ‘‘NIDILRR’’ means the National Institute
on Disability, Independent Living, and Rehabilitation
Research of the Administration for Community Living of
the Department of Health and Human Services; and
(B) the term ‘‘NIDRR’’ means the National Institute
on Disability and Rehabilitation Research of the Office
of Special Education and Rehabilitative Services of the
Department of Education.
(2) TRANSFER OF FUNCTIONS.—There are transferred to the
NIDILRR, all functions which the Director of the NIDRR exercised before the effective date of this section (including all
related functions of any officer or employee of the NIDRR).
(3) ADMINISTRATIVE MATTERS.—
(A) IN GENERAL.—Subsections (d) through (l) shall
apply to transfers described in paragraph (2).
(B) REFERENCES.—For purposes of applying those subsections under subparagraph (A), those subsections—
(i) shall apply to the NIDRR and the Director
of the NIDRR in the same manner and to the same
extent as those subsections apply to the Rehabilitation
Services Administration and the Commissioner of that
Administration; and
(ii) shall apply to the NIDILRR and the Director
of the NIDILRR in the same manner and to the same
extent as those subsections apply to the Administration
for Community Living and the Administrator of that
Administration.
(o) REFERENCES IN ASSISTIVE TECHNOLOGY ACT OF 1998.—
(1) SECRETARY.—Section 3(13) of the Assistive Technology
Act of 1998 (29 U.S.C. 3002(13)) is amended by striking ‘‘Education’’ and inserting ‘‘Health and Human Services’’.
(2) NATIONAL ACTIVITIES.—Section 6(d)(4) of the Assistive
Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by
striking ‘‘Education’’ and inserting ‘‘Health and Human Services’’.
(3) GENERAL ADMINISTRATION.—Section 7 of the Assistive
Technology Act of 1998 (29 U.S.C. 3006) is amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘the Assistant
Secretary’’ and all that follows through ‘‘Rehabilitation
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128 STAT. 1699
Services Administration,’’ and inserting ‘‘the Administrator of the Administration for Community Living’’;
(ii) in paragraph (2), by striking ‘‘The Assistant
Secretary’’ and all that follows and inserting ‘‘The
Administrator of the Administration for Community
Living shall consult with the Office of Special Education Programs of the Department of Education, the
Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment
Policy of the Department of Labor, the National
Institute on Disability, Independent Living, and
Rehabilitation Research, and other appropriate Federal
entities in the administration of this Act.’’; and
(iii) in paragraph (3), by striking ‘‘the Rehabilitation Services Administration’’ and inserting ‘‘the
Administrator of the Administration for Community
Living’’; and
(B) in subsection (c)(5), by striking ‘‘Education’’ and
inserting ‘‘Health and Human Services’’.
Consultation.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended—
(1) by striking the item relating to section 109 and inserting
the following:
‘‘Sec. 109. Training and services for employers.’’;
(2) by inserting after the item relating to section 112 the
following:
‘‘Sec. 113. Provision of pre-employment transition services.’’;
(3) by striking the item relating to section 202 and inserting
the following:
‘‘Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation
Research.’’;
(4) by striking the item relating to section 205 and inserting
the following:
‘‘Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory
Council.
‘‘Sec. 206. Definition of covered school.’’;
(5) by striking the items relating to sections 304, 305,
and 306 and inserting the following:
‘‘Sec. 304. Measuring of project outcomes and performance.’’.
(6) by inserting after the item relating to section 509 the
following:
‘‘Sec. 511. Limitations on use of subminimum wage.’’;
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(7) by striking the items relating to title VI and inserting
the following:
‘‘TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
‘‘Sec. 601. Short title.
‘‘Sec. 602. Purpose.
‘‘Sec. 603. Allotments.
‘‘Sec. 604. Availability of services.
‘‘Sec. 605. Eligibility.
‘‘Sec. 606. State plan.
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PUBLIC LAW 113–128—JULY 22, 2014
‘‘Sec. 607. Restriction.
‘‘Sec. 608. Savings provision.
‘‘Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment
for Individuals with Disabilities.
‘‘Sec. 610. Authorization of appropriations.’’; and
(8) in the items relating to title VII—
(A)(i) by inserting after the item relating to section
701 the following:
‘‘Sec. 701A. Administration of the independent living program.’’;
and
(ii) by striking the item relating to section 706 and
inserting the following:
‘‘Sec. 706. Responsibilities of the Administrator.’’;
(B) by inserting after the item relating to section 711
the following:
‘‘Sec. 711A. Training and technical assistance.’’;
and
(C) by inserting after the item relating to section 751
the following:
‘‘Sec. 751A. Training and technical assistance.’’.
TITLE V—GENERAL PROVISIONS
Subtitle A—Workforce Investment
29 USC 3341.
SEC. 501. PRIVACY.
(a) SECTION 444 OF THE GENERAL EDUCATION PROVISIONS
ACT.—Nothing in this Act (including the amendments made by
this Act) shall be construed to supersede the privacy protections
afforded parents and students under section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.—
(1) IN GENERAL.—Nothing in this Act (including the amendments made by this Act) shall be construed to permit the
development of a national database of personally identifiable
information on individuals receiving services under title I or
under the amendments made by title IV.
(2) LIMITATION.—Nothing in paragraph (1) shall be construed to prevent the proper administration of national programs under subtitles C and D of title I, or the amendments
made by title IV (as the case may be), or to carry out program
management activities consistent with title I or the amendments made by title IV (as the case may be).
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29 USC 3342.
SEC. 502. BUY-AMERICAN REQUIREMENTS.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds
made available under title I or II or under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) may be expended by an entity unless
the entity agrees that in expending the funds the entity will comply
with sections 8301 through 8303 of title 41, United States Code
(commonly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may
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be authorized to be purchased with financial assistance provided using funds made available under title I or II or under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense
of Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available under title
I or II or under the Wagner-Peyser Act, the head of each
Federal agency shall provide to each recipient of the assistance
a notice describing the statement made in paragraph (1) by
Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available under title I or II
or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections were in effect on August 7, 1998, or pursuant
to any successor regulations.
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SEC. 503. TRANSITION PROVISIONS.
29 USC 3343.
(a) WORKFORCE DEVELOPMENT SYSTEMS AND INVESTMENT
ACTIVITIES.—The Secretary of Labor and the Secretary of Education
shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority
under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) to any authority under subtitle A of title I. Such actions
shall include the provision of guidance related to unified State
planning, combined State planning, and the performance accountability system described in such subtitle.
(b) WORKFORCE INVESTMENT ACTIVITIES.—The Secretary of
Labor shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any authority
under the Workforce Investment Act of 1998 to any authority under
subtitles B through E of title I.
(c) ADULT EDUCATION AND LITERACY PROGRAMS.—The Secretary
of Education shall take such actions as the Secretary determines
to be appropriate to provide for the orderly transition from any
authority under the Adult Education and Family Literacy Act (20
U.S.C. 9201 et seq.), as in effect on the day before the date of
enactment of this Act, to any authority under the Adult Education
and Family Literacy Act, as amended by this Act.
(d) EMPLOYMENT SERVICES ACTIVITIES.—The Secretary of Labor
shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority
under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as in effect
on the day before the date of enactment of this Act, to any authority
under the Wagner-Peyser Act, as amended by this Act.
(e) VOCATIONAL REHABILITATION PROGRAMS.—The Secretary of
Education and the Secretary of Health and Human Services shall
take such actions as the Secretaries determine to be appropriate
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to provide for the orderly transition from any authority under
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as in effect
on the day before the date of enactment of this Act, to any authority
under the Rehabilitation Act of 1973, as amended by this Act.
(f) REGULATIONS.—
(1) PROPOSED REGULATIONS.—Not later than 180 days after
the date of enactment of this Act, the Secretary of Labor,
the Secretary of Education, and the Secretary of Health and
Human Services, as appropriate, shall develop and publish
in the Federal Register proposed regulations relating to the
transition to, and implementation of, this Act (including the
amendments made by this Act).
(2) FINAL REGULATIONS.—Not later than 18 months after
the date of enactment of this Act, the Secretaries described
in paragraph (1), as appropriate, shall develop and publish
in the Federal Register final regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act).
(g) EXPENDITURE OF FUNDS DURING TRANSITION.—
(1) IN GENERAL.—Subject to paragraph (2) and in accordance with regulations developed under subsection (f), States,
grant recipients, administrative entities, and other recipients
of financial assistance under the Workforce Investment Act
of 1998 may expend funds received under such Act in order
to plan and implement programs and activities authorized
under this Act.
(2) ADDITIONAL REQUIREMENTS.—Not more than 2 percent
of any allotment to any State from amounts appropriated under
the Workforce Investment Act of 1998 for fiscal year 2014
may be made available to carry out activities authorized under
paragraph (1) and not less than 50 percent of any amount
used to carry out activities authorized under paragraph (1)
shall be made available to local entities for the purposes of
the activities described in such paragraph.
Procedures.
Criteria.
29 USC 3344.
SEC. 504. REDUCTION OF REPORTING BURDENS AND REQUIREMENTS.
In order to simplify reporting requirements and reduce
reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall
establish procedures and criteria under which a State board and
local board may reduce reporting burdens and requirements under
this Act (including the amendments made by this Act).
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SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND STATE
DATABASES AND DATA EXCHANGE AGREEMENTS.
(a) IN GENERAL.—The Comptroller General of the United States
shall prepare and submit an interim report and a final report
to Congress regarding existing Federal and State databases and
data exchange agreements, as of the date of the report, that contain
job training information relevant to the administration of programs
authorized under this Act and the amendments made by this Act.
(b) REQUIREMENTS.—The report required under subsection (a)
shall—
(1) list existing Federal and State databases and data
exchange agreements described in subsection (a) and, for each,
describe—
(A) the purposes of the database or agreement;
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(B) the data elements, such as wage and employment
outcomes, contained in the database or accessible under
the agreement;
(C) the data elements described in subparagraph (B)
that are shared between States;
(D) the Federal and State workforce training programs
from which each Federal and State database derives the
data elements described in subparagraph (B);
(E) the number and type of Federal and State agencies
having access to such data;
(F) the number and type of private research organizations having access to, through grants, contracts, or other
agreements, such data; and
(G) whether the database or data exchange agreement
provides for opt-out procedures for individuals whose data
is shared through the database or data exchange agreement;
(2) study the effects that access by State workforce agencies
and the Secretary of Labor to the databases and data exchange
agreements described in subsection (a) would have on efforts
to carry out this Act and the amendments made by this Act,
and on individual privacy;
(3) explore opportunities to enhance the quality, reliability,
and reporting frequency of the data included in such databases
and data exchange agreements;
(4) describe, for each database or data exchange agreement
considered by the study described in subsection (a), the number
of individuals whose data is contained in each database or
accessible through the data agreement, and the specific data
elements contained in each that could be used to personally
identify an individual;
(5) include the number of data breaches having occurred
since 2004 to data systems administered by Federal and State
agencies;
(6) include the number of data breaches regarding any
type of personal data having occurred since 2004 to private
research organizations with whom Federal and State agencies
contract for studies; and
(7) include a survey of the security protocols used for protecting personal data, including best practices shared amongst
States for access to, and administration of, data elements stored
and recommendations for improving security protocols for the
safe warehousing of data elements.
(c) TIMING OF REPORTS.—
(1) INTERIM REPORT.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall prepare
and submit to Congress an interim report regarding the initial
findings of the report required under this section.
(2) FINAL REPORT.—Not later than 18 months after the
date of enactment of this Act, the Comptroller General shall
prepare and submit to Congress the final report required under
this section.
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SEC. 506. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided in this Act,
this Act, including the amendments made by this Act, shall take
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29 USC 3101
note.
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effect on the first day of the first full program year after the
date of enactment of this Act.
(b) APPLICATION DATE FOR WORKFORCE DEVELOPMENT
PERFORMANCE ACCOUNTABILITY SYSTEM.—
(1) IN GENERAL.—Section 136 of the Workforce Investment
Act of 1998 (29 U.S.C. 2871), as in effect on the day before
the date of enactment of this Act, shall apply in lieu of section
116 of this Act, for the first full program year after the date
of enactment of this Act.
(2) SPECIAL PROVISIONS.—For purposes of the application
described in paragraph (1)—
(A) except as otherwise specified, a reference in section
136 of the Workforce Investment Act of 1998 to a provision
in such Act (29 U.S.C. 2801 et seq.), other than to a
provision in such section or section 112 of such Act, shall
be deemed to refer to the corresponding provision of this
Act;
(B) the terms ‘‘local area’’, ‘‘local board’’, ‘‘one-stop
partner’’, and ‘‘State board’’ have the meanings given the
terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms used
in such section 136 shall have the meanings given the
terms in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801);
(D) any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of 1998
(29 U.S.C. 2871(c)(2)) shall remain in effect, until a new
agreement is so negotiated and reached, for that first full
program year;
(E) if a State or local area fails to meet levels of
performance under subsection (g) or (h), respectively, of
section 136 of the Workforce Investment Act of 1998 during
that first full program year, the sanctions provided under
such subsection shall apply during the second full program
year after the date of enactment of this Act; and
(F) the Secretary shall use an amount retained, as
a result of a reduction in an allotment to a State made
under section 136(g)(1)(B) of such Act (29 U.S.C.
2871(g)(1)(B)), to provide technical assistance as described
in subsections (f)(1) and (g)(1) of section 116 of this Act,
in lieu of incentive grants under section 503 of the
Workforce Investment Act of 1998 (20 U.S.C. 9273) as
provided in section 136(g)(2) of such Act (29 U.S.C.
2871(g)(2)).
(c) APPLICATION DATE FOR STATE AND LOCAL PLAN PROVISIONS.—
(1) IMPLEMENTATION.—Sections 112 and 118 of the
Workforce Investment Act of 1998 (29 U.S.C. 2822, 2833), as
in effect on the day before the date of enactment of this Act,
shall apply to implementation of State and local plans, in
lieu of sections 102 and 103, and section 108, respectively,
of this Act, for the first full program year after the date of
enactment of this Act.
(2) SPECIAL PROVISIONS.—For purposes of the application
described in paragraph (1)—
(A) except as otherwise specified, a reference in section
112 or 118 of the Workforce Investment Act of 1998 to
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128 STAT. 1705
a provision in such Act (29 U.S.C. 2801 et seq.), other
than to a provision in or to either such section or to
section 136 of such Act, shall be deemed to refer to the
corresponding provision of this Act;
(B) the terms ‘‘local area’’, ‘‘local board’’, ‘‘one-stop
partner’’, and ‘‘State board’’ have the meanings given the
terms in section 3 of this Act;
(C) except as provided in subparagraph (B), terms used
in such section 112 or 118 shall have the meanings given
the terms in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801); and
(D) section 112(b)(18)(D) of the Workforce Investment
Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not apply.
(3) SUBMISSION.—Sections 102, 103, and 108 of this Act
shall apply to plans for the second full program year after
the date of enactment, including the development, submission,
and approval of such plans during the first full program year
after such date.
(d) DISABILITY PROVISIONS.—Except as otherwise provided in
title IV of this Act, title IV, and the amendments made by title
IV, shall take effect on the date of enactment of this Act.
Subtitle B—Amendments to Other Laws
SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT OF 1998.
(a) WORKFORCE INVESTMENT ACT OF 1998.—The Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) is repealed.
(b) GRANTS TO STATES FOR WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS.—Section
821 of the Higher Education Amendments of 1998 (20 U.S.C. 1151)
is repealed.
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SEC. 512. CONFORMING AMENDMENTS.
(a) AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT
ACT OF 1998.—Section 414(c)(3)(C) of the American Competitiveness
and Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C))
is amended by striking ‘‘entities involved in administering the
workforce investment system established under title I of the
Workforce Investment Act of 1998’’ and inserting ‘‘entities involved
in administering the workforce development system, as defined
in section 3 of the Workforce Innovation and Opportunity Act’’.
(b) ASSISTIVE TECHNOLOGY ACT OF 1998.—The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is
amended by striking ‘‘such as a one-stop partner, as defined
in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)’’ and inserting ‘‘such as a one-stop partner, as
defined in section 3 of the Workforce Innovation and Opportunity Act’’.
(2) Section 4 of such Act (29 U.S.C. 3003) is amended—
(A) in subsection (c)(2)(B)(i)(IV), by striking ‘‘a representative of the State workforce investment board established under section 111 of the Workforce Investment Act
of 1998 (29 U.S.C. 2821)’’ and inserting ‘‘a representative
of the State workforce development board established under
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128 STAT. 1706
PUBLIC LAW 113–128—JULY 22, 2014
section 101 of the Workforce Innovation and Opportunity
Act’’; and
(B) in subsection (e)—
(i) in paragraph (2)(D)(i), by striking ‘‘such as onestop partners, as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801),’’
and inserting ‘‘such as one-stop partners, as defined
in section 3 of the Workforce Innovation and Opportunity Act,’’; and
(ii) in paragraph (3)(B)(ii)(I)(aa), by striking ‘‘with
entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),’’ and
inserting ‘‘with entities in the statewide and local
workforce development systems established under the
Workforce Innovation and Opportunity Act,’’.
(c) ALASKA NATURAL GAS PIPELINE ACT.—Section 113(a)(2) of
the Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is
amended by striking ‘‘consistent with the vision and goals set forth
in the State of Alaska Unified Plan, as developed pursuant to
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’
and inserting ‘‘consistent with the vision and goals set forth in
the State of Alaska unified plan or combined plan, as appropriate,
as developed pursuant to section 102 or 103, as appropriate, of
the Workforce Innovation and Opportunity Act’’.
(d) ATOMIC ENERGY DEFENSE ACT.—Section 4604(c)(6)(A) of
the Atomic Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is amended
by striking ‘‘programs carried out by the Secretary of Labor under
the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘programs
carried out by the Secretary of Labor under title I of the Workforce
Innovation and Opportunity Act’’.
(e) CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT
OF 2006.—The Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows:
(1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2))
is amended—
(A) in the paragraph heading, by striking ‘‘PUBLIC LAW
105–220’’ and inserting ‘‘WORKFORCE INNOVATION AND
OPPORTUNITY ACT’’; and
(B) by striking ‘‘functions and activities carried out
under Public Law 105–220’’ and inserting ‘‘functions and
activities carried out under the Workforce Innovation and
Opportunity Act’’.
(2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4))
is amended—
(A) in subparagraph (A), by striking ‘‘activities undertaken by the State boards under section 111 of Public
Law 105–220’’ and inserting ‘‘activities undertaken by the
State boards under section 101 of the Workforce Innovation
and Opportunity Act’’; and
(B) in subparagraph (B), by striking ‘‘the service
delivery system under section 121 of Public Law 105–
220’’ and inserting ‘‘the one-stop delivery system under
section 121 of the Workforce Innovation and Opportunity
Act’’.
(3) Section 122 of such Act (20 U.S.C. 2342) is amended—
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1707
(A) in subsection (b)(1)(A)(viii), by striking ‘‘entities
participating in activities described in section 111 of Public
Law 105–220’’ and inserting ‘‘entities participating in
activities described in section 101 of the Workforce Innovation and Opportunity Act’’;
(B) in subsection (c)(20), by striking ‘‘the description
and information specified in sections 112(b)(8) and 121(c)
of Public Law 105–220 concerning the provision of services
only for postsecondary students and school dropouts’’ and
inserting ‘‘the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as
appropriate, section 103(b)(3)(A), and section 121(c), of the
Workforce Innovation and Opportunity Act concerning the
provision of services only for postsecondary students and
school dropouts’’; and
(C) in subsection (d)(2)—
(i) in the paragraph heading, by striking ‘‘501 PLAN’’
and inserting ‘‘COMBINED PLAN’’; and
(ii) by striking ‘‘as part of the plan submitted under
section 501 of Public Law 105–220’’ and inserting ‘‘as
part of the plan submitted under section 103 of the
Workforce Innovation and Opportunity Act’’.
(4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13))
is amended by striking ‘‘such as through referral to the system
established under section 121 of Public Law 105–220’’ and
inserting ‘‘such as through referral to the system established
under section 121 of the Workforce Innovation and Opportunity
Act’’.
(5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5))
is amended by striking ‘‘entities participating in activities
described in section 117 of Public Law 105–220 (if applicable)’’
and inserting ‘‘entities participating in activities described in
section 107 of the Workforce Innovation and Opportunity Act
(if applicable)’’.
(6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16))
is amended by striking ‘‘such as through referral to the system
established under section 121 of Public Law 105–220 (29 U.S.C.
2801 et seq.)’’ and inserting ‘‘such as through referral to the
system established under section 121 of the Workforce Innovation and Opportunity Act’’.
(7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1))
is amended by striking ‘‘Chapters 4 and 5 of subtitle B of
title I of Public Law 105–220’’ and inserting ‘‘Chapters 2 and
3 of subtitle B of title I of the Workforce Innovation and
Opportunity Act’’.
(f) COMMUNITY SERVICES BLOCK GRANT ACT.—Section 676(b)(5)
of the Community Services Block Grant Act (42 U.S.C. 9908(b)(5))
is amended by striking ‘‘the eligible entities will coordinate the
provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities
providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998’’ and
inserting ‘‘the eligible entities will coordinate the provision of
employment and training activities, as defined in section 3 of the
Workforce Innovation and Opportunity Act, in the State and in
communities with entities providing activities through statewide
and local workforce development systems under such Act’’.
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128 STAT. 1708
PUBLIC LAW 113–128—JULY 22, 2014
(g) COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF
2003.—The Compact of Free Association Amendments Act of 2003
(48 U.S.C. 1921 et seq.) is amended as follows:
(1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C.
1921d(f)(1)(B)(iii)) is amended by striking ‘‘title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
other than subtitle C of that Act (29 U.S.C. 2881 et seq.)
(Job Corps), title II of the Workforce Investment Act of 1998
(20 U.S.C. 9201 et seq.; commonly known as the Adult Education and Family Literacy Act),’’ and inserting ‘‘titles I (other
than subtitle C) and II of the Workforce Innovation and Opportunity Act,’’.
(2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is
amended by striking ‘‘subtitle C of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to
Job Corps)’’ and inserting ‘‘subtitle C of title I of the Workforce
Innovation and Opportunity Act (relating to Job Corps)’’.
(h) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—Section
103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4953(d)) is amended by striking ‘‘employment.’’ and all that follows
and inserting the following: ‘‘employment. Whenever feasible, such
efforts shall be coordinated with an appropriate local workforce
development board established under section 107 of the Workforce
Innovation and Opportunity Act.’’.
(i) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
The Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended as follows:
(1) Section 1203(c)(2)(A) of such Act (20 U.S.C.
6363(c)(2)(A)) is amended—
(A) by striking ‘‘, in consultation with the National
Institute for Literacy,’’; and
(B) by striking clause (ii); and
(C) by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively.
(2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B))
is amended by striking ‘‘any relevant programs under the Adult
Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce Investment Act of 1998’’ and inserting ‘‘any relevant programs under
the Adult Education and Family Literacy Act, the Individuals
with Disabilities Education Act, and title I of the Workforce
Innovation and Opportunity Act’’.
(3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is
amended by striking ‘‘a description of how the program under
this subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of Public
Law 105–220’’ and inserting ‘‘a description of how the program
under this subpart will be coordinated with other Federal,
State, and local programs, such as programs under title I
of the Workforce Innovation and Opportunity Act’’.
(4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is
amended by striking ‘‘coordinate funds received under this subpart with other local, State, and Federal funds available to
provide services to participating children and youth, such as
funds made available under title I of Public Law 105–220,’’
and inserting ‘‘coordinate funds received under this subpart
with other local, State, and Federal funds available to provide
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1709
services to participating children and youth, such as funds
made available under title I of the Workforce Innovation and
Opportunity Act,’’.
(5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H))
is amended by striking ‘‘the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.)’’ and inserting ‘‘the Workforce Innovation and Opportunity Act’’.
(j) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF 1984.—Section 2(a) of the Environmental Programs Assistance Act of 1984
(42 U.S.C. 4368a(a)) is amended by striking ‘‘Funding for such
grants or agreements may be made available from such programs
or through title V of the Older Americans Act of 1965 and subtitle
D of title I of the Workforce Investment Act of 1998’’ and inserting
‘‘Funding for such grants or agreements may be made available
from such programs or through title V of the Older Americans
Act of 1965 and subtitle D of title I of the Workforce Innovation
and Opportunity Act’’.
(k) ENERGY CONSERVATION AND PRODUCTION ACT.—Section
414(b)(3) of the Energy Conservation and Production Act (42 U.S.C.
6864(b)(3)) is amended by striking ‘‘securing, to the maximum
extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title
I of the Workforce Investment Act of 1998’’ and inserting ‘‘securing,
to the maximum extent practicable, the services of volunteers and
training participants and public service employment workers,
pursuant to title I of the Workforce Innovation and Opportunity
Act’’.
(l) FOOD AND NUTRITION ACT OF 2008.—The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) is amended as follows:
(1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended
by striking ‘‘Notwithstanding section 181(a)(2) of the Workforce
Investment Act of 1998, earnings to individuals participating
in on-the-job-training under title I of the Workforce Investment
Act of 1998’’ and inserting ‘‘Notwithstanding section 181(a)(2)
of the Workforce Innovation and Opportunity Act, earnings
to individuals participating in on-the-job training under title
I of such Act’’.
(2) Section 6 of such Act (7 U.S.C. 2015) is amended—
(A) in subsection (d)(4)(M), by striking ‘‘activities under
title I of the Workforce Investment Act of 1998’’ and
inserting ‘‘activities under title I of the Workforce Innovation and Opportunity Act’’;
(B) in subsection (e)(3)(A), by striking ‘‘a program
under title I of the Workforce Investment Act of 1998’’
and inserting ‘‘a program under title I of the Workforce
Innovation and Opportunity Act’’; and
(C) in subsection (o)(1)(A), by striking ‘‘a program
under the title I of the Workforce Investment Act of 1998’’
and inserting ‘‘a program under title I of the Workforce
Innovation and Opportunity Act’’.
(3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is
amended by striking ‘‘a program carried out under title I of
the Workforce Investment Act of 1998’’ and inserting ‘‘a program carried out under title I of the Workforce Innovation
and Opportunity Act’’.
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128 STAT. 1710
PUBLIC LAW 113–128—JULY 22, 2014
(m) FULL EMPLOYMENT AND BALANCED GROWTH ACT OF 1978.—
Section 206 of the Full Employment and Balanced Growth Act
of 1978 (15 U.S.C. 3116) is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘the Secretary of Labor shall, as appropriate,
fully utilize the authority provided under the Job Training
Partnership Act and title I of the Workforce Investment Act
of 1998’’ and inserting ‘‘the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the
Workforce Innovation and Opportunity Act’’; and
(2) in subsection (c)(1), by striking ‘‘the President shall,
as may be authorized by law, establish reservoirs of public
employment and private nonprofit employment projects, to be
approved by the Secretary of Labor, through expansion of title
I of the Workforce Investment Act of 1998’’ and inserting ‘‘the
President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment
projects, to be approved by the Secretary of Labor, through
expansion of activities under title I of the Workforce Innovation
and Opportunity Act’’.
(n) HIGHER EDUCATION ACT OF 1965.—The Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows:
(1) Section 418A of such Act (20 U.S.C. 1070d–2) is
amended—
(A) in subsection (b)(1)(B)(ii), by striking ‘‘section 167
of the Workforce Investment Act of 1998’’ and inserting
‘‘section 167 of the Workforce Innovation and Opportunity
Act’’; and
(B) in subsection (c)(1)(A), by striking ‘‘section 167
of the Workforce Investment Act of 1998’’ and inserting
‘‘section 167 of the Workforce Innovation and Opportunity
Act’’.
(2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1))
is amended by striking ‘‘The term ‘dislocated worker’ has the
meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)’’ and inserting ‘‘The term
‘dislocated worker’ has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act’’.
(3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is
amended by striking ‘‘a dislocated worker (as defined in section
101 of the Workforce Investment Act of 1998)’’ and inserting
‘‘a dislocated worker (as defined in section 3 of the Workforce
Innovation and Opportunity Act)’’.
(4) Section 480(b)(1)(I) of such Act (20 U.S.C.
1087vv(b)(1)(I)) is amended by striking ‘‘benefits received
through participation in employment and training activities
under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)’’ and inserting ‘‘benefits received through
participation in employment and training activities under title
I of the Workforce Innovation and Opportunity Act’’.
(5) Section 803 of such Act (20 U.S.C. 1161c) is amended—
(A) in subsection (i)(1), by striking ‘‘for changes to
this Act and related Acts, such as the Carl D. Perkins
Career and Technical Education Act of 2006 and the
Workforce Investment Act of 1998 (including titles I and
II), to help create and sustain business and industry
workforce partnerships at institutions of higher education’’
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PUBLIC LAW 113–128—JULY 22, 2014
128 STAT. 1711
and inserting ‘‘for changes to this Act and related Acts,
such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and
Opportunity Act (including titles I and II), to help create
and sustain business and industry workforce partnerships
at institutions of higher education’’; and
(B) in subsection (j)(1)—
(i) in subparagraph (A)(ii), by striking ‘‘local board
(as such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))’’ and inserting
‘‘local board (as such term is defined in section 3 of
the Workforce Innovation and Opportunity Act)’’; and
(ii) in subparagraph (B), by striking ‘‘a State board
(as such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))’’ and inserting
‘‘a State board (as such term is defined in section
3 of the Workforce Innovation and Opportunity Act)’’.
(6) Section 861(c)(1)(B) of such Act (20 U.S.C.
1161q(c)(1)(B)) is amended by striking ‘‘local boards (as such
term is defined in section 101 of the Workforce Investment
Act of 1998 (29 U.S.C. 2801))’’ and inserting ‘‘local boards
(as such term is defined in section 3 of the Workforce Innovation
and Opportunity Act)’’.
(7) Section 872(b)(2)(E) of such Act (20 U.S.C.
1161s(b)(2)(E)) is amended by striking ‘‘local boards (as defined
in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))’’ and inserting ‘‘local boards (as defined in section
3 of the Workforce Innovation and Opportunity Act)’’.
(o) HOUSING ACT OF 1949.—Section 504(c)(3) of the Housing
Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking ‘‘an
insufficient number of volunteers and training participants and
public service employment workers, assisted pursuant to title I
of the Workforce Investment Act of 1998 or the Older American
Community Service Employment Act,’’ and inserting ‘‘an insufficient
number of volunteers and training participants and public service
employment workers, assisted pursuant to title I of the Workforce
Innovation and Opportunity Act or the Community Service Senior
Opportunities Act,’’.
(p) HOUSING AND URBAN DEVELOPMENT ACT OF 1968.—Section
3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) is amended—
(1) in subsection (c)—
(A) in paragraph (1)(B)(iii), by striking ‘‘participants
in YouthBuild programs receiving assistance under section
173A of the Workforce Investment Act of 1998’’ and
inserting ‘‘participants in YouthBuild programs receiving
assistance under section 171 of the Workforce Innovation
and Opportunity Act’’; and
(B) in paragraph (2)(B), by striking ‘‘participants in
YouthBuild programs receiving assistance under section
173A of the Workforce Investment Act of 1998’’ and
inserting ‘‘participants in YouthBuild programs receiving
assistance under section 171 of the Workforce Innovation
and Opportunity Act’’; and
(2) in subsection (d)—
(A) in paragraph (1)(B)(iii), by striking ‘‘To YouthBuild
programs receiving assistance under section 173A of the
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Workforce Investment Act of 1998’’ and inserting ‘‘To
YouthBuild programs receiving assistance under section
171 of the Workforce Innovation and Opportunity Act’’;
and
(B) in paragraph (2)(B), by striking ‘‘to YouthBuild
programs receiving assistance under section 173A of the
Workforce Investment Act of 1998’’ and inserting ‘‘to
YouthBuild programs receiving assistance under section
171 of the Workforce Innovation and Opportunity Act’’.
(q) IMMIGRATION AND NATIONALITY ACT.—Section 245A(h)(4)(F)
of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F))
is amended by striking ‘‘Title I of the Workforce Investment Act
of 1998’’ and inserting ‘‘Title I of the Workforce Innovation and
Opportunity Act’’.
(r) INTERNAL REVENUE CODE OF 1986.—Section 7527(e)(2) of
the Internal Revenue Code of 1986 is amended by inserting ‘‘(as
in effect on the day before the date of enactment of the Workforce
Innovation and Opportunity Act)’’ after ‘‘of 1998’’.
(s) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—Section
103(c)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(c)(2)) is amended by striking ‘‘a homeless individual shall
be eligible for assistance under title I of the Workforce Investment
Act of 1998’’ and inserting ‘‘a homeless individual shall be eligible
for assistance under title I of the Workforce Innovation and Opportunity Act’’.
(t) MUSEUM AND LIBRARY SERVICES ACT.—The Museum and
Library Services Act (20 U.S.C. 9101 et seq.) is amended as follows:
(1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is
amended by striking ‘‘activities under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.) (including activities under
section 134(c) of such Act) (29 U.S.C. 2864(c))’’ and inserting
‘‘activities under the Workforce Innovation and Opportunity
Act (including activities under section 121(e) of such Act))’’.
(2) Section 224(b)(6)(C) of such Act (20 U.S.C. 9134(b)(6)(C))
is amended—
(A) in clause (i), by striking ‘‘the activities carried
out by the State workforce investment board under section
111(d) of the Workforce Investment Act of 1998 (29 U.S.C.
2821(d))’’ and inserting ‘‘the activities carried out by the
State workforce development board under section 101 of
the Workforce Innovation and Opportunity Act’’; and
(B) in clause (ii), by striking ‘‘the State’s one-stop
delivery system established under section 134(c) of such
Act (29 U.S.C. 2864(c))’’ and inserting ‘‘the State’s onestop delivery system established under section 121(e) of
such Act’’.
(u) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—The
National and Community Service Act of 1990 (42 U.S.C. 12501
et seq.) is amended as follows:
(1) Section 112(a)(3)(B) of such Act (42 U.S.C.
12523(a)(3)(B)) is amended by striking ‘‘or who may participate
in a Youthbuild program under section 173A of the Workforce
Investment Act of 1998 (29 U.S.C. 2918a)’’ and inserting ‘‘or
who may participate in a Youthbuild program under section
171 of the Workforce Innovation and Opportunity Act’’.
(2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is
amended by striking ‘‘coordinated with activities supported with
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128 STAT. 1713
assistance made available under programs administered by
the heads of such agencies (including title I of the Workforce
Investment Act of 1998)’’ and inserting ‘‘coordinated with activities supported with assistance made available under programs
administered by the heads of such agencies (including title
I of the Workforce Innovation and Opportunity Act)’’.
(v) NATIONAL ENERGY CONSERVATION POLICY ACT.—Section 233
of the National Energy Conservation and Policy Act (42 U.S.C.
6873) is amended, in the matter preceding paragraph (1), by striking
‘‘a sufficient number of volunteers and training participants and
public service employment workers, assisted pursuant to title I
of the Workforce Investment Act of 1998 and the Older American
Community Service Employment Act’’ and inserting ‘‘a sufficient
number of volunteers and training participants and public service
employment workers, assisted pursuant to title I of the Workforce
Innovation and Opportunity Act and the Community Service Senior
Opportunities Act’’.
(w) OLDER AMERICANS ACT OF 1965.—The Older Americans
Act of 1965 (42 U.S.C. 3001 et seq.) is amended as follows:
(1) Section 203 of such Act (42 U.S.C. 3013) is amended—
(A) in subsection (a)(2), by striking ‘‘In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out title I of the Workforce
Investment Act of 1998’’ and inserting ‘‘In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out title I of the Workforce
Innovation and Opportunity Act’’; and
(B) in subsection (b)(1), by striking ‘‘title I of the
Workforce Investment Act of 1998’’ and inserting ‘‘title
I of the Workforce Innovation and Opportunity Act’’.
(2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12))
is amended by striking ‘‘including programs carried out under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’
and inserting ‘‘including programs carried out under the
Workforce Innovation and Opportunity Act’’.
(3) Section 502 of such Act (42 U.S.C. 3056) is amended—
(A) in subsection (b)—
(i) in paragraph (1)—
(I) in subparagraph (H), by striking ‘‘will
coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including
utilizing the one-stop delivery system of the local
workforce investment areas involved’’ and
inserting ‘‘will coordinate activities with training
and other services provided under title I of the
Workforce Innovation and Opportunity Act,
including utilizing the one-stop delivery system
of the local workforce development areas involved’’;
(II) in subparagraph (O)—
(aa) by striking ‘‘through the one-stop
delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c)),’’ and inserting
‘‘through the one-stop delivery system of the
local workforce development areas involved as
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PUBLIC LAW 113–128—JULY 22, 2014
established under section 121(e) of the
Workforce Innovation and Opportunity Act,’’;
and
(bb) by striking ‘‘and will be involved in
the planning and operations of such system
pursuant to a memorandum of understanding
with the local workforce investment board in
accordance with section 121(c) of such Act (29
U.S.C. 2841(c))’’ and inserting ‘‘and will be
involved in the planning and operations of
such system pursuant to a memorandum of
understanding with the local workforce
development board in accordance with section
121(c) of such Act’’; and
(III) in subparagraph (Q)—
(aa) in clause (i), by striking ‘‘paragraph
(8), relating to coordination with other Federal
programs, of section 112(b) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b))’’
and inserting ‘‘clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with
other Federal programs, of section 102(b) of
the Workforce Innovation and Opportunity
Act’’; and
(bb) in clause (ii), by striking ‘‘paragraph
(14), relating to implementation of one-stop
delivery systems, of section 112(b) of the
Workforce Investment Act of 1998’’ and
inserting ‘‘paragraph (2)(C)(i), relating to
implementation of one-stop delivery systems,
of section 102(b) of the Workforce Innovation
and Opportunity Act’’; and
(ii) in paragraph (3)—
(I) in subparagraph (A), by striking ‘‘An
assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle
B of title I of the Workforce Investment Act of
1998 (29 U.S.C. 2811 et seq.), in order to determine
whether such eligible individual also qualifies for
intensive or training services described in section
134(d) of such Act (29 U.S.C. 2864(d)).’’ and
inserting ‘‘An assessment and service strategy
required by paragraph (1)(N) to be prepared for
an eligible individual shall satisfy any condition
for an assessment and service strategy or individual employment plan for an adult participant
under subtitle B of title I of the Workforce Innovation and Opportunity Act, in order to determine
whether such eligible individual also qualifies for
career or training services described in section
134(c) of such Act.’’; and
(II) in subparagraph (B)—
(aa) in the subparagraph heading, by
striking ‘‘WORKFORCE INVESTMENT ACT OF 1998’’
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128 STAT. 1715
and inserting ‘‘WORKFORCE INNOVATION AND
OPPORTUNITY ACT’’; and
(bb) by striking ‘‘An assessment and
service strategy or individual employment
plan prepared under subtitle B of title I of
the Workforce Investment Act of 1998 (29
U.S.C. 2811 et seq.)’’ and inserting ‘‘An assessment and service strategy or individual
employment plan prepared under subtitle B
of title I of the Workforce Innovation and
Opportunity Act’’; and
(B) in subsection (e)(2)(B)(ii), by striking ‘‘one-stop
delivery systems established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and
inserting ‘‘one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity
Act’’.
(4) Section 503 of such Act (42 U.S.C. 3056a) is amended—
(A) in subsection (a)—
(i) in paragraph (2)(A), by striking ‘‘the State and
local workforce investment boards established under
title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)’’ and inserting ‘‘the State and
local workforce development boards established under
title I of the Workforce Innovation and Opportunity
Act’’; and
(ii) in paragraph (4)(F), by striking ‘‘plans for facilitating the coordination of activities of grantees in the
State under this title with activities carried out in
the State under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.)’’ and inserting
‘‘plans for facilitating the coordination of activities of
grantees in the State under this title with activities
carried out in the State under title I of the Workforce
Innovation and Opportunity Act’’; and
(B) in subsection (b)(2)(A), by striking ‘‘with the program carried out under the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘with the
program carried out under the Workforce Innovation and
Opportunity Act’’.
(5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act
is amended by striking ‘‘activities carried out under other Acts,
especially activities provided under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), including activities provided through one-stop delivery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)),’’ and inserting
‘‘activities carried out under other Acts, especially activities
provided under the Workforce Innovation and Opportunity Act,
including activities provided through one-stop delivery systems
established under section 121(e) of such Act,’’.
(6) Section 510 of such Act (42 U.S.C. 3056h) is amended—
(A) by striking ‘‘by local workforce investment boards
and one-stop operators established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’
and inserting ‘‘by local workforce development boards and
one-stop operators established under title I of the Workforce
Innovation and Opportunity Act’’; and
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128 STAT. 1716
PUBLIC LAW 113–128—JULY 22, 2014
(B) by striking ‘‘such title I’’ and inserting ‘‘such title’’.
(7) Section 511 of such Act (42 U.S.C. 3056i) is amended—
(A) in subsection (a), by striking ‘‘Grantees under this
title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce
Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the onestop delivery system established under section 134(c) of
such Act (29 U.S.C. 2864(c)) for the appropriate local
workforce investment areas’’ and inserting ‘‘Grantees under
this title shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce
Innovation and Opportunity Act in the one-stop delivery
system established under section 121(e) of such Act for
the appropriate local workforce development areas’’; and
(B) in subsection (b)(2), by striking ‘‘be signatories
of the memorandum of understanding established under
section 121(c) of the Workforce Investment Act of 1998
(29 U.S.C. 2841(c))’’ and inserting ‘‘be signatories of the
memorandum of understanding established under section
121(c) of the Workforce Innovation and Opportunity Act’’.
(8) Section 518(b)(2)(F) of such Act (42 U.S.C.
3056p(b)(2)(F)) is amended by striking ‘‘has failed to find
employment after utilizing services provided under title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’
and inserting ‘‘has failed to find employment after utilizing
services provided under title I of the Workforce Innovation
and Opportunity Act’’.
(x) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996.—Section 403(c)(2)(K) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1613(c)(2)(K)) is amended by striking ‘‘Benefits under
the title I of the Workforce Investment Act of 1998’’ and inserting
‘‘Benefits under title I of the Workforce Innovation and Opportunity
Act’’.
(y) PATIENT PROTECTION AND AFFORDABLE CARE ACT.—Section
5101(d)(3)(D) of the Patient Protection and Affordable Care Act
(42 U.S.C. 294q(d)(3)(D)) is amended by striking ‘‘other health care
workforce programs, including those supported through the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),’’ and
inserting ‘‘other health care workforce programs, including those
supported through the Workforce Innovation and Opportunity Act,’’.
(z) PUBLIC HEALTH SERVICE ACT.—The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended as follows:
(1) Section 399V(e) of such Act (42 U.S.C. 280g–11(e)) is
amended by striking ‘‘one-stop delivery systems under section
134(c) of the Workforce Investment Act of 1998’’ and inserting
‘‘one-stop delivery systems under section 121(e) of the Workforce
Innovation and Opportunity Act’’.
(2) Section 751(c)(1)(A) of such Act (42 U.S.C. 294a(c)(1)(A))
is amended by striking ‘‘the applicable one-stop delivery system
under section 134(c) of the Workforce Investment Act of 1998,’’
and inserting ‘‘the applicable one-stop delivery system under
section 121(e) of the Workforce Innovation and Opportunity
Act,’’.
(3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is
amended by striking ‘‘one-stop delivery system described in
section 134(c) of the Workforce Investment Act of 1998 (29
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128 STAT. 1717
U.S.C. 2864(c))’’ and inserting ‘‘one-stop delivery system
described in section 121(e) of the Workforce Innovation and
Opportunity Act’’.
(aa) RUNAWAY AND HOMELESS YOUTH ACT.—Section 322(a)(7)
of the Runaway and Homeless Youth Act (42 U.S.C. 5714–2(a)(7))
is amended by striking ‘‘(including services and programs for youth
available under the Workforce Investment Act of 1998)’’ and
inserting ‘‘(including services and programs for youth available
under the Workforce Innovation and Opportunity Act)’’.
(bb) SECOND CHANCE ACT OF 2007.—The Second Chance Act
of 2007 (42 U.S.C. 17501 et seq.) is amended as follows:
(1) Section 212 of such Act (42 U.S.C. 17532) is amended—
(A) in subsection (c)(1)(B), by striking ‘‘in coordination
with the one-stop partners and one-stop operators (as such
terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide services
at any center operated under a one-stop delivery system
established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)),’’ and inserting ‘‘in
coordination with the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce
Innovation and Opportunity Act) that provide services at
any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation
and Opportunity Act,’’; and
(B) in subsection (d)(1)(B)(iii), by striking ‘‘the local
workforce investment boards established under section 117
of the Workforce Investment Act of 1998 (29 U.S.C. 2832)),’’
and inserting ‘‘the local workforce development boards
established under section 107 of the Workforce Innovation
and Opportunity Act,’’.
(2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is
amended by striking ‘‘the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)) that provide services
at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c))’’ and inserting ‘‘the one-stop partners
and one-stop operators (as such terms are defined in section
3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery
system established under section 121(e) of the Workforce
Innovation and Opportunity Act’’.
(cc) SMALL BUSINESS ACT.—Section 7(j)(13)(E) of the Small
Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ‘‘an
institution eligible to provide skills training or upgrading under
title I of the Workforce Investment Act of 1998’’ and inserting
‘‘an institution eligible to provide skills training or upgrading under
title I of the Workforce Innovation and Opportunity Act’’.
(dd) SOCIAL SECURITY ACT.—The Social Security Act (42 U.S.C.
301 et seq.) is amended as follows:
(1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is
amended—
(A) in subparagraph (A)(vii)(I), by striking ‘‘chief
elected official (as defined in section 101 of the Workforce
Investment Act of 1998)’’ and inserting ‘‘chief elected official
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PUBLIC LAW 113–128—JULY 22, 2014
(as defined in section 3 of the Workforce Innovation and
Opportunity Act)’’; and
(B) in subparagraph (D)(ii), by striking ‘‘local workforce
investment board established for the service delivery area
pursuant to title I of the Workforce Investment Act of
1998, as appropriate’’ and inserting ‘‘local workforce
development board established for the local workforce
development area pursuant to title I of the Workforce
Innovation and Opportunity Act, as appropriate’’.
(2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b–
19(f)(1)(B)) is amended by striking ‘‘a one-stop delivery system
established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)’’ and inserting ‘‘a
one-stop delivery system established under section 121(e) of
the Workforce Innovation and Opportunity Act’’.
(3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b–20(a)(3))
is amended by striking ‘‘a one-stop delivery system established
under subtitle B of title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2811 et seq.)’’ and inserting ‘‘a one-stop
delivery system established under section 121(e) of the
Workforce Innovation and Opportunity Act’’.
(4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is
amended—
(A) in paragraph (2)(B), by striking ‘‘the State
workforce investment board established under section 111
of the Workforce Investment Act of 1998’’ and inserting
‘‘the State workforce development board established under
section 101 of the Workforce Innovation and Opportunity
Act’’; and
(B) in paragraph (4)(A), by striking ‘‘a local workforce
investment board established under section 117 of the
Workforce Investment Act of 1998,’’ and inserting ‘‘a local
workforce development board established under section 107
of the Workforce Innovation and Opportunity Act,’’.
(ee) TITLE 18 OF THE UNITED STATES CODE.—Section 665 of
title 18 of the United States Code is amended—
(1) in subsection (a), by striking ‘‘Whoever, being an officer,
director, agent, or employee of, or connected in any capacity
with any agency or organization receiving financial assistance
or any funds under the Job Training Partnership Act or title
I of the Workforce Investment Act of 1998’’ and inserting ‘‘Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization
receiving financial assistance or any funds under title I of
the Workforce Innovation and Opportunity Act or title I of
the Workforce Investment Act of 1998’’;
(2) in subsection (b), by striking ‘‘a contract of employment
in connection with a financial assistance agreement or contract
under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998’’ and inserting ‘‘a contract
of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation
and Opportunity Act or title I of the Workforce Investment
Act of 1998’’; and
(3) in subsection (c), by striking ‘‘Whoever willfully
obstructs or impedes or willfully endeavors to obstruct or
impede, an investigation or inquiry under the Job Training
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128 STAT. 1719
Partnership Act or title I of the Workforce Investment Act
of 1998,’’ and inserting ‘‘Whoever willfully obstructs or impedes
or willfully endeavors to obstruct or impede, an investigation
or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998,’’.
(ff) TITLE 31 OF THE UNITED STATES CODE.—Section 6703(a)(4)
of title 31 of the United States Code is amended by striking ‘‘Programs under title I of the Workforce Investment Act of 1998.’’
and inserting ‘‘Programs under title I of the Workforce Innovation
and Opportunity Act.’’.
(gg) TITLE 38 OF THE UNITED STATES CODE.—Title 38 of the
United States Code is amended as follows:
(1) Section 4101(9) of title 38 of the United States Code
is amended by striking ‘‘The term ‘intensive services’ means
local employment and training services of the type described
in section 134(d)(3) of the Workforce Investment Act of 1998’’
and inserting ‘‘The term ‘career services’ means local employment and training services of the type described in section
134(c)(2) of the Workforce Innovation and Opportunity Act’’.
(2) Section 4102A of title 38 of the United States Code
is amended—
(A) in subsection (d), by striking ‘‘participation of qualified veterans and eligible persons in employment and
training opportunities under title I of the Workforce Investment Act of 1998’’ and inserting ‘‘participation of qualified
veterans and eligible persons in employment and training
opportunities under title I of the Workforce Innovation
and Opportunity Act’’; and
(B) in subsection (f)(2)(A), by striking ‘‘be consistent
with State performance measures applicable under section
136(b) of the Workforce Investment Act of 1998’’ and
inserting ‘‘be consistent with State performance accountability measures applicable under section 116(b) of the
Workforce Innovation and Opportunity Act’’.
(3) Section 4104A of title 38 of the United States Code
is amended—
(A) in subsection (b)(1)(B), by striking ‘‘the appropriate
State boards and local boards (as such terms are defined
in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801))’’ and inserting ‘‘the appropriate State
boards and local boards (as such terms are defined in
section 3 of the Workforce Innovation and Opportunity
Act)’’; and
(B) in subsection (c)(1)(A), by striking ‘‘the appropriate
State boards and local boards (as such terms are defined
in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801))’’ and inserting ‘‘the appropriate State
boards and local boards (as such terms are defined in
section 3 of the Workforce Innovation and Opportunity
Act)’’.
(4) Section 4110B of title 38 of the United States Code
is amended by striking ‘‘enter into an agreement with the
Secretary regarding the implementation of the Workforce
Investment Act of 1998 that includes the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
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PUBLIC LAW 113–128—JULY 22, 2014
2822(b))’’ and inserting ‘‘enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions
described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the
Workforce Innovation and Opportunity Act and a description
of how the State board will carry out the activities described
in section 101(d)(3)(F) of such Act’’.
(5) Section 4213(a)(4) of title 38 of the United States Code
is amended by striking ‘‘Any employment or training program
carried out under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘Any employment
or training program carried out under title I of the Workforce
Innovation and Opportunity Act’’.
(hh) TRADE ACT OF 1974.—The Trade Act of 1974 (19 U.S.C.
2101 et seq.) is amended as follows:
(1) Section 221(a) of such Act (19 U.S.C. 2271) is amended—
(A) in paragraph (1)(C)—
(i) by striking ‘‘, one-stop operators or one-stop
partners (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)) including
State employment security agencies,’’ and inserting ‘‘,
one-stop operators or one-stop partners (as defined in
section 3 of the Workforce Innovation and Opportunity
Act) including State employment security agencies,’’;
and
(ii) by striking ‘‘or the State dislocated worker
unit established under title I of such Act,’’ and
inserting ‘‘or a State dislocated worker unit,’’; and
(B) in subsection (a)(2)(A), by striking ‘‘rapid response
activities and appropriate core and intensive services (as
described in section 134 of the Workforce Investment Act
of 1998 (29 U.S.C. 2864)) authorized under other Federal
laws’’ and inserting ‘‘rapid response activities and appropriate career services (as described in section 134 of the
Workforce Innovation and Opportunity Act) authorized
under other Federal laws’’.
(2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C.
2272(d)(2)(A)(iv)) is amended by striking ‘‘one-stop operators
or one-stop partners (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801))’’ and inserting ‘‘onestop operators or one-stop partners (as defined in section 3
of the Workforce Innovation and Opportunity Act)’’.
(3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5))
is amended—
(A) in subparagraph (B), by striking ‘‘any training program provided by a State pursuant to title I of the
Workforce Investment Act of 1998’’ and inserting ‘‘any
training program provided by a State pursuant to title
I of the Workforce Innovation and Opportunity Act’’; and
(B) in the flush text following subparagraph (H), by
striking ‘‘The Secretary may not limit approval of a training
program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.).’’ and inserting ‘‘The Secretary
may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of
the Workforce Innovation and Opportunity Act.’’.
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(4) Section 239 of such Act (19 U.S.C. 2311) is amended—
(A) in subsection (f), by striking ‘‘Any agreement
entered into under this section shall provide for the
coordination of the administration of the provisions for
employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under
title I of the Workforce Investment Act of 1998’’ and
inserting ‘‘Any agreement entered into under this section
shall provide for the coordination of the administration
of the provisions for employment services, training, and
supplemental assistance under sections 235 and 236 of
this Act and under title I of the Workforce Innovation
and Opportunity Act’’; and
(B) in subsection (h), by striking ‘‘the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2822(b))’’ and inserting ‘‘the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce
Innovation and Opportunity Act, a description of how the
State board will carry out the activities described in section
101(d)(3)(F) of such Act,’’.
(ii) UNITED STATES HOUSING ACT OF 1937.—Section 23 of the
United States Housing Act of 1937 (42 U.S.C. 1437u) is amended—
(1) in subsection (b)(2)(A), by striking ‘‘lack of supportive
services accessible to eligible families, which shall include
insufficient availability of resources for programs under title
I of the Workforce Investment Act of 1998’’ and inserting ‘‘lack
of supportive services accessible to eligible families, which shall
include insufficient availability of resources for programs under
title I of the Workforce Innovation and Opportunity Act’’;
(2) in subsection (f)(2), by striking ‘‘the local agencies (if
any) responsible for carrying out programs under title I of
the Workforce Investment Act of 1998 or the Job Opportunities
and Basic Skills Training Program under part F of title IV
of the Social Security Act,’’ and inserting ‘‘the local agencies
(if any) responsible for carrying out programs under title I
of the Workforce Innovation and Opportunity Act or the Job
Opportunities and Basic Skills Training Program under part
F of title IV of the Social Security Act,’’; and
(3) in subsection (g)—
(A) in paragraph (2), by striking ‘‘any local agencies
responsible for programs under title I of the Workforce
Investment Act of 1998 or the Job Opportunities and Basic
Skills Training Program under part F of title IV of the
Social Security Act’’ and inserting ‘‘any local agencies
responsible for programs under title I of the Workforce
Innovation and Opportunity Act or the Job Opportunities
and Basic Skills Training Program under part F of title
IV of the Social Security Act’’; and
(B) in paragraph (3)(H), by striking ‘‘programs under
title I of the Workforce Investment Act of 1998 and any
other relevant employment, child care, transportation,
training, and education programs in the applicable area’’
and inserting ‘‘programs under title I of the Workforce
Innovation and Opportunity Act and any other relevant
employment, child care, transportation, training, and education programs in the applicable area’’.
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PUBL128
128 STAT. 1722
PUBLIC LAW 113–128—JULY 22, 2014
(jj) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF
1994.—Section 31113(a)(4)(C) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended
by striking ‘‘job training programs authorized under title I of the
Workforce Investment Act of 1998 or the Family Support Act of
1988 (Public Law 100–485)’’ and inserting ‘‘job training programs
authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 (Public Law 100–
485)’’.
(kk) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT.—Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking ‘‘the
State or entity designated by the State to carry out rapid response
activities under section 134(a)(2)(A) of the Workforce Investment
Act of 1998,’’ and inserting ‘‘the State or entity designated by
the State to carry out rapid response activities under section
134(a)(2)(A) of the Workforce Innovation and Opportunity Act,’’.
29 USC 3361.
SEC. 513. REFERENCES.
(a) WORKFORCE INVESTMENT ACT OF 1998 REFERENCES.—
Except as otherwise specified, a reference in a Federal law to
a provision of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.) shall be deemed to refer to the corresponding provision
of this Act.
(b) WAGNER-PEYSER ACT REFERENCES.—Except as otherwise
specified, a reference in a Federal law to a provision of the WagnerPeyser Act (29 U.S.C. 49 et seq.) shall be deemed to refer to
the corresponding provision of such Act, as amended by this Act.
(c) DISABILITY-RELATED REFERENCES.—Except as otherwise
specified, a reference in a Federal law to a provision of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) shall be deemed
to refer to the corresponding provision of such Act, as amended
by this Act.
dkrause on DSKHT7XVN1PROD with PUBLAWS
Approved July 22, 2014.
LEGISLATIVE HISTORY—H.R. 803:
HOUSE REPORTS: No. 113–14, Pt. 1 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD:
Vol. 159 (2013): Mar. 15, considered and passed House.
Vol. 160 (2014): June 25, considered and passed Senate, amended.
July 9, House concurred in Senate amendments.
Æ
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PUBL128
| File Type | application/pdf |
| File Title | PUBL128.PS |
| File Modified | 2014-09-09 |
| File Created | 2014-08-22 |