Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	34,961	n/a	n/a
Reported in House	43,308	397 Show Changes Hide Changes	37%

Display Version Introduced in House Reported in House

HR 4297 IHRHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4297CommentsClose CommentsPermalink

To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 29, 2012CommentsClose CommentsPermalink

Ms. FOXX (for herself, Mr. MCKEON, and Mr. HECK) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary, Agriculture, Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Workforce Investment Improvement Act of 2012’. CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title. CommentsClose CommentsPermalink





Sec. 2. Table of contents. CommentsClose CommentsPermalink





Sec. 3. References. CommentsClose CommentsPermalink





Sec. 4. Effective date. CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998

Sec. 101. Definitions. CommentsClose CommentsPermalink

Sec. 102. Purpose. CommentsClose CommentsPermalink





Sec. 103. State workforce investment boards. CommentsClose CommentsPermalink





Sec. 104. State plan. CommentsClose CommentsPermalink





Sec. 105. Local workforce investment areas. CommentsClose CommentsPermalink





Sec. 106. Local workforce investment boards. CommentsClose CommentsPermalink





Sec. 107. Local plan. CommentsClose CommentsPermalink





Sec. 108. Establishment of one-stop delivery system. CommentsClose CommentsPermalink





Sec. 109. Identification of eligible providers of training services. CommentsClose CommentsPermalink





Sec. 110. General authorization. CommentsClose CommentsPermalink





Sec. 111. State allotments. CommentsClose CommentsPermalink





Sec. 112. Within State allocations. CommentsClose CommentsPermalink





Sec. 113. Use of funds for employment and training activities. CommentsClose CommentsPermalink





Sec. 114. Performance accountability system. CommentsClose CommentsPermalink





Sec. 115. Authorization of appropriations. CommentsClose CommentsPermalink

Sec. 116. Job Corps purposes. CommentsClose CommentsPermalink





Sec. 116. Technical assistance.Sec. 117. Evalua7. Job Corps definitions. CommentsClose CommentsPermalink





Sec. 118. Amendments to section 173Individuals eligible for the job corps. CommentsClose CommentsPermalink





Sec. 119. Recruitment, screening, selection, and assignment of enrollees. CommentsClose CommentsPermalink





Sec. 120. Job Corps Centers. CommentsClose CommentsPermalink





Sec. 121. Program activities. CommentsClose CommentsPermalink





Sec. 122. Counseling and Job Placement. CommentsClose CommentsPermalink





Sec. 123. Support. CommentsClose CommentsPermalink





Sec. 124. Operations. CommentsClose CommentsPermalink





Sec. 125. Community participation. CommentsClose CommentsPermalink





Sec. 126. Workforce councils. CommentsClose CommentsPermalink





Sec. 127. Technical assistance. CommentsClose CommentsPermalink





Sec. 128. Special provisions. CommentsClose CommentsPermalink





Sec. 129. Performance accountability management. CommentsClose CommentsPermalink





Sec. 130. Closure of low-performing job corps centers. CommentsClose CommentsPermalink





Sec. 131. Reforms for opening new job corps centers. CommentsClose CommentsPermalink

Sec. 135. Requirements and restrictions. CommentsClose CommentsPermalink





Sec. 12036. Prompt allocation of funds. CommentsClose CommentsPermalink





Sec. 12137. Fiscal controls; Sanctions. CommentsClose CommentsPermalink





Sec. 12238. Reports to congress. CommentsClose CommentsPermalink





Sec. 12339. Administrative provisions. CommentsClose CommentsPermalink





Sec. 12440. State legislative authority. CommentsClose CommentsPermalink





Sec. 12541. Continuation of State activities and policies. CommentsClose CommentsPermalink





Sec. 12642. General program requirements. CommentsClose CommentsPermalink





Sec. 12743. Department Staff. CommentsClose CommentsPermalink

Sec. 144. State unified plan. CommentsClose CommentsPermalink

TITLE II--ADULT EDUCATION AND FAMILY LITERACY EDUCATION

Sec. 201. Amendment. CommentsClose CommentsPermalink

TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT

Sec. 301. Amendments to the Wagner-Peyser Act. CommentsClose CommentsPermalink

TITLE IV--REPEALS AND CONFORMING AMENDMENTS

Sec. 401. Repeals. CommentsClose CommentsPermalink





Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. CommentsClose CommentsPermalink





Sec. 403. Amendments to the Food and Nutrition Act of 2008. CommentsClose CommentsPermalink





Sec. 404. Conforming amendments to the United States Code. CommentsClose CommentsPermalink





Sec. 405. Conforming amendment to table of contents. CommentsClose CommentsPermalink

TITLE V--AMENDMENTS TO THE REHABILITATION ACT OF 1973

Sec. 501. Findings. CommentsClose CommentsPermalink





Sec. 502. Rehabilitation services administration. CommentsClose CommentsPermalink





Sec. 503. Definitions. CommentsClose CommentsPermalink





Sec. 504. State plan. CommentsClose CommentsPermalink





Sec. 505. Scope of services. CommentsClose CommentsPermalink





Sec. 506. Standards and indicators. CommentsClose CommentsPermalink





Sec. 507. Collaboration with industry. CommentsClose CommentsPermalink





Sec. 508. Reservation for expanded transition services. CommentsClose CommentsPermalink





Sec. 509. Client assistance program. CommentsClose CommentsPermalink





Sec. 510. Title III repeals. CommentsClose CommentsPermalink





Sec. 511. Repeal of title VI. CommentsClose CommentsPermalink





Sec. 512. Chairperson. CommentsClose CommentsPermalink





Sec. 513. Authorizations of appropriations. CommentsClose CommentsPermalink





Sec. 514. Conforming amendments. CommentsClose CommentsPermalink

SEC. 3. REFERENCES.

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (209 U.S.C. 9201 et seq.). CommentsClose CommentsPermalink

SEC. 4. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2013 and succeeding fiscal years. CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998 CommentsClose CommentsPermalink

Subtitle A--Workforce Investment Definitions CommentsClose CommentsPermalink

SEC. 101. DEFINITIONS.

Section 101 (29 U.S.C. 2801) is amended-- CommentsClose CommentsPermalink





(1) by striking paragraphs (13) and (24); CommentsClose CommentsPermalink





(2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; CommentsClose CommentsPermalink





(3) by striking paragraphs (52) and (53); CommentsClose CommentsPermalink





(4) by inserting after ‘In this title:’ the following new paragraphs: CommentsClose CommentsPermalink





‘(1) ACCRUED EXPENDITURES- The term ‘accrued expenditures’ means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. CommentsClose CommentsPermalink





‘(2) ADMINISTRATIVE COSTS- The term ‘administrative costs’ means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect.’; CommentsClose CommentsPermalink





(5) in paragraph (3) (as so redesignated), by striking ‘Except in sections 127 and 132, the’ and inserting ‘The’; CommentsClose CommentsPermalink





(6) by amending paragraph (5) (as so redesignated) to read as follows: CommentsClose CommentsPermalink





‘(5) AREA CAREER AND TECHNICAL EDUCATION SCHOOL- The term ‘area career and technical education school’ has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)).’; CommentsClose CommentsPermalink





(7) in paragraph (6) (as so redesignated), by inserting ‘(or such other level as the Governor may establish)’ after ‘8th grade level’; CommentsClose CommentsPermalink





(8) in paragraph (10)(C) (as so redesignated), by striking ‘not less than 50 percent of the cost of the training’ and inserting ‘a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate’; CommentsClose CommentsPermalink





(9) in paragraph (11) (as so redesignated)-- CommentsClose CommentsPermalink





(A) in subparagraph (A)(ii)(II), by striking ‘section 134(c)’ and inserting ‘section 121(e)’; CommentsClose CommentsPermalink





(B) in subparagraph (B)(iii), by striking ‘intensive services described in section 134(d)(3)’ and inserting ‘work ready services described in section 134(c)(2)’; CommentsClose CommentsPermalink





(C) in subparagraph (C), by striking ‘or’ after the semicolon; CommentsClose CommentsPermalink





(D) in subparagraph (D), by striking the period and inserting ‘; or’; and CommentsClose CommentsPermalink





(E) by adding at the end the following: CommentsClose CommentsPermalink





‘(E)(i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined insection 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or CommentsClose CommentsPermalink





‘(ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B).’; CommentsClose CommentsPermalink





(10) in paragraph (12)(A) (as redesignated)-- CommentsClose CommentsPermalink





(A) by striking ‘and’ after the semicolon and inserting ‘or’; CommentsClose CommentsPermalink





(B) by striking ‘(A)’ and inserting ‘(A)(i)’; and CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(ii) is the dependent spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined insection 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and’; CommentsClose CommentsPermalink





(11) in paragraph (13) (as so redesignated), by inserting ‘or regional’ after ‘local’ each place it appears; CommentsClose CommentsPermalink





(12) in paragraph (14) (as so redesignated)-- CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘section 122(e)(3)’ and inserting ‘section 122’; CommentsClose CommentsPermalink





(B) by striking subparagraph (B), and inserting the following: CommentsClose CommentsPermalink





‘(B) work ready services, means a provider who is identified or awarded a contract as described in section 134(c)(2); or’; and CommentsClose CommentsPermalink





(C) by striking subparagraph (C); CommentsClose CommentsPermalink





(13) in paragraph (15), by striking (as so redesignated), by striking ‘adult or dislocated worker’ and inserting ‘individual’; CommentsClose CommentsPermalink





(14) in paragraph (25)-- CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking ‘higher of--’ and all that follows through clause (ii) and inserting ‘poverty line for an equivalent period;’; and CommentsClose CommentsPermalink





(B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and CommentsClose CommentsPermalink





(C) by inserting after subparagraph (C) the following: CommentsClose CommentsPermalink





‘(D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);’; CommentsClose CommentsPermalink





(15) in paragraph (32), by striking ‘the Republic of the Marshall Islands, the Federated States of Micronesia,’; CommentsClose CommentsPermalink





(16) by striking paragraph (33) and redesignating paragraphs (34) through (53) as paragraphs (33) through (52), respectively;

(17) by striking ‘134(a)(1)(A)’ and replacing with ‘134(a)(1)(B)’;

(18) by amending paragraph (48) (as so redesignated) to read as follows:‘(4833) to read as follows: CommentsClose CommentsPermalink




‘(33) OUT-OF-SCHOOL YOUTH- The term ‘out-of-school youth’ means-- CommentsClose CommentsPermalink





‘(A) an at-risk youth who is a school dropout; or CommentsClose CommentsPermalink





‘(B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed.’. CommentsClose CommentsPermalink





(17) in paragraph (38), by striking ‘134(a)(1)(A)’ and inserting ‘134(a)(1)(B)’; CommentsClose CommentsPermalink





(18) by amending paragraph (49) to read as follows: CommentsClose CommentsPermalink





‘(49) VETERAN- The term ‘veteran’ has the same meaning given the term insection 2108(1) of title 5, United States Code.’; CommentsClose CommentsPermalink





(19) by amending paragraph (49) (as so redesignated50) to read as follows: CommentsClose CommentsPermalink





‘(4950) 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).’; CommentsClose CommentsPermalink





and(20) in paragraph (51) by striking ‘, and youth activitya youth activity’; and CommentsClose CommentsPermalink





(21) by adding at the end the following: CommentsClose CommentsPermalink





‘(52) AT-RISK YOUTH- Except as provided in subtitle C, the term ‘at-risk youth’ means an individual who-- CommentsClose CommentsPermalink





‘(A) is not less than age 16 and not more than age 24; CommentsClose CommentsPermalink





‘(B) is a low-income individual; and CommentsClose CommentsPermalink





‘(C) is an individual who is one or more of the following: CommentsClose CommentsPermalink





‘(i) a secondary school dropout; CommentsClose CommentsPermalink





‘(ii) a youth in foster care (including youth aging out of foster care); CommentsClose CommentsPermalink





‘(iii) a youth offender; CommentsClose CommentsPermalink





‘(iv) a youth who is an individual with a disability; or CommentsClose CommentsPermalink





‘(v) a migrant youth. CommentsClose CommentsPermalink





‘(53) INDUSTRY OR SECTOR PARTNERSHIP- The term ‘industry or sector partnership’ means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. CommentsClose CommentsPermalink





‘(54) INDUSTRY-RECOGNIZED CREDENTIAL- The term ‘industry-recognized credential’ means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. CommentsClose CommentsPermalink





‘(55) RECOGNIZED POSTSECONDARY CREDENTIAL- The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized certificate, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree.’. CommentsClose CommentsPermalink

Subtitle B--Statewide and Local Workforce Investment Systems CommentsClose CommentsPermalink

SEC. 102. PURPOSE.

Section 106 (209 U.S.C. 2811) is amended by insertadding at the end the following: ‘It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds.’. CommentsClose CommentsPermalink

SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.

Section 111 (209 U.S.C. 2821) is amended-- CommentsClose CommentsPermalink





(1) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking subparagraph (B); CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (C) as subparagraph (B); and CommentsClose CommentsPermalink





(iii) in subparagraph (B) (as so redesignated)-- CommentsClose CommentsPermalink





(I) by amending clause (i)(I), by striking ‘section 117(b)(2)(A)(i)’ and inserting ‘section 117(b)(2)(A)’; CommentsClose CommentsPermalink





(II) by amending clause (i)(II) to read as follows: CommentsClose CommentsPermalink





‘(II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and’; CommentsClose CommentsPermalink





(III) by striking clause (iii) and inserting the following: CommentsClose CommentsPermalink





‘(iii) a State agency official responsible for economic development; and’; CommentsClose CommentsPermalink





(IV) by striking clauses (iv) through (vi); CommentsClose CommentsPermalink





(V) by amending clause (vii) to read as follows: CommentsClose CommentsPermalink





‘(vii) such other representatives and State agency officials as the Governor may designate., including-- CommentsClose CommentsPermalink





‘(I) members of the State legislature; CommentsClose CommentsPermalink





‘(II) representatives of individuals and organizations that have experience with respect to youth activities; CommentsClose CommentsPermalink





‘(III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; CommentsClose CommentsPermalink





‘(IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or CommentsClose CommentsPermalink





‘(V) representatives of veterans service organizations; and’; and CommentsClose CommentsPermalink





(VI) by redesignating clause (vii) (as so amended) as clause (iv); and CommentsClose CommentsPermalink





(B) by amending paragraph (3) to read as follows: CommentsClose CommentsPermalink





‘(3) MAJORITY- A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i).’; CommentsClose CommentsPermalink





(2) by amending subsection (c) by striking ‘(b)(1)(C)(i)’ and replacing within subsection (c), by striking ‘(b)(1)(C)(i)’ and inserting ‘(b)(1)(B)(i)’; CommentsClose CommentsPermalink





(3) by amending subsection (d) to read as follows: CommentsClose CommentsPermalink





‘(d) Functions- The State board shall assist the Governor of the State as follows: CommentsClose CommentsPermalink





‘(1) STATE PLAN- Consistent with section 112, develop a State plan. CommentsClose CommentsPermalink





‘(2) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM- Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund under section 132(b). CommentsClose CommentsPermalink





‘(3) WORKFORCE AND LABOR MARKET INFORMATION SYSTEM- Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development agency or related entity in developing such system. CommentsClose CommentsPermalink





‘(4) BUSINESSEMPLOYER ENGAGEMENT- Develop strategies across local areas that meet the needs of businesseemployers and support economic growth in the State by enhancing communication, coordination, and collaboration among businesses, economic development entities, and service providers.‘(5) employers, economic development entities, and service providers. CommentsClose CommentsPermalink





‘(5) DESIGNATION OF LOCAL AREAS- Designate local areas as required under section 116. CommentsClose CommentsPermalink





‘(6) ONE-STOP DELIVERY SYSTEM- Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. CommentsClose CommentsPermalink





‘(7) PROGRAM OVERSIGHT- Conduct the following program oversight: CommentsClose CommentsPermalink





‘(A) Reviewing and approving local plans under section 118. CommentsClose CommentsPermalink





‘(B) Ensuring the appropriate use of management of the funds provided for State employment and training activities authorized under section 134. CommentsClose CommentsPermalink





‘(C) Preparing an annual report to the Secretary described in section 136(d). CommentsClose CommentsPermalink





‘(8) DEVELOPMENT OF PERFORMANCE MEASURES- Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b).’; CommentsClose CommentsPermalink





(4) by striking subsection (e) and redesignating subsection (f) as subsection (e); CommentsClose CommentsPermalink





(5) in subsection (e) (as so redesignated), by inserting ‘or participate in action taken’ after ‘vote’; CommentsClose CommentsPermalink





(6) by inserting after subsection (e) (as so redesignated), the following: CommentsClose CommentsPermalink





‘(f) Staff- The State board may employ staff to assist in carrying out the functions described in subsection (d).’; and CommentsClose CommentsPermalink





(7) in subsection (g), by inserting ‘electronic means and’ after ‘on a regular basis through’. CommentsClose CommentsPermalink

SEC. 104. STATE PLAN.

Section 112 (29 U.S.C. 2822)-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) by striking ‘127 or’; and CommentsClose CommentsPermalink





(B) by striking ‘5-year strategy’ and inserting ‘3-year strategy’; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) by amending paragraph (4) to read as follows: CommentsClose CommentsPermalink





‘(4) information describing-- CommentsClose CommentsPermalink





‘(A) the economic conditions in the State; CommentsClose CommentsPermalink





‘(B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; CommentsClose CommentsPermalink





‘(C) the knowledge and skills of the workforce in the State; and CommentsClose CommentsPermalink





‘(D) workforce development activities (including education and training) in the State;’; CommentsClose CommentsPermalink





(B) by amending paragraph (7) to read as follows: CommentsClose CommentsPermalink





‘(7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand;’; CommentsClose CommentsPermalink





(C) by amending paragraph (8) to read as follows: CommentsClose CommentsPermalink





‘(8)(A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and CommentsClose CommentsPermalink





‘(B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including-- CommentsClose CommentsPermalink





‘(i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or CommentsClose CommentsPermalink





‘(ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan;’; CommentsClose CommentsPermalink





(D) in paragraph (9), by striking ‘, including comment by representatives of businesses and representatives of labor organizations,’; CommentsClose CommentsPermalink





(E) in paragraph (11), by striking ‘under sections 127 and 132’ and inserting ‘under section 132,’; CommentsClose CommentsPermalink





(F) by striking paragraph (12); CommentsClose CommentsPermalink





(G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; CommentsClose CommentsPermalink





(H) by amending paragraph (12) (as so redesignated) by striking ‘(111)(f) and 117(g)’ and inserting ‘111(e) and 117(f)’;(I) by amendingin paragraph (12) (as so redesignated), by striking ‘111(f)’ and inserting ‘111(e)’; CommentsClose CommentsPermalink





(I) in paragraph (13) (as so redesignated) by striking , by striking ‘134(c)’ and inserting ‘121(e)’; CommentsClose CommentsPermalink





(J) by amending paragraph (14) (as so redesignated) by striking in paragraph (14) (as so redesignated), by striking ‘116(a)(5)’ and inserting ‘116(a)(4)’; CommentsClose CommentsPermalink





(K) in paragraph (16) (as so redesignated)-- CommentsClose CommentsPermalink





(i) in subparagraph (A)-- CommentsClose CommentsPermalink





(I) in clause (ii), by striking ‘to dislocated workers’; CommentsClose CommentsPermalink





(II) in clause (iii), by striking ‘134(d)(4)’ and inserting ‘134(c)(4)’; CommentsClose CommentsPermalink





(III) by striking ‘and’ at the end of clause (iii); CommentsClose CommentsPermalink





(IV) by amending clause (iv) to read as follows: CommentsClose CommentsPermalink





‘(iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Programsupplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and’; and CommentsClose CommentsPermalink





(V) by adding at the end the following new clause: CommentsClose CommentsPermalink





‘(v) how the State will-- CommentsClose CommentsPermalink





‘(I) consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and CommentsClose CommentsPermalink





‘(II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;’; and CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘to the extent practicable’ and inserting ‘in accordance with the requirements of the Jobs for Veterans Act (Public Law 107-288) and the amendments made by such Act’; and CommentsClose CommentsPermalink





(L) by striking paragraph (17) (as so redesignated) and inserting the following: CommentsClose CommentsPermalink





‘(17) a description of the strategies and services that will be used in the State-- CommentsClose CommentsPermalink





‘(A) to more fully engage businesses, including businesseemployers, including small businesses and employers in in-demand industries and occupations important to the State economy; CommentsClose CommentsPermalink





‘(B) to meet the needs of businesseemployers in the State; and CommentsClose CommentsPermalink





‘(C) to better coordinate workforce development programs with economic development; CommentsClose CommentsPermalink





‘(18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster-- CommentsClose CommentsPermalink





‘(A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; CommentsClose CommentsPermalink





‘(B) to address the immediate and long-term skilled, workforce needs of in-demand industries and other occupations important to the State economy, and CommentsClose CommentsPermalink





‘(C) to address critical skill gaps within and across industries; CommentsClose CommentsPermalink





‘(19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; CommentsClose CommentsPermalink





‘(20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; CommentsClose CommentsPermalink





‘(21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; CommentsClose CommentsPermalink





and‘(22) a description of the process and methodology for determining-- CommentsClose CommentsPermalink





‘(A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and CommentsClose CommentsPermalink





‘(B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); CommentsClose CommentsPermalink





‘(23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including-- CommentsClose CommentsPermalink





‘(A) training and internships in in-demand industries or occupations important to the State and local economy; CommentsClose CommentsPermalink





‘(B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and CommentsClose CommentsPermalink





‘(C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and CommentsClose CommentsPermalink





‘(24) a description of-- CommentsClose CommentsPermalink





‘(A) how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; CommentsClose CommentsPermalink





‘(B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and CommentsClose CommentsPermalink





‘(C) the veteran population to be served in the State.’; CommentsClose CommentsPermalink





(3) in subsection (c), by striking ‘period, that--’ all that follows through paragraph (2) and inserting ‘period, that the plan is inconsistent with the provisions of this title.’; and CommentsClose CommentsPermalink





(4) in subsection (d), by striking ‘5-year’ and inserting ‘3-year’. CommentsClose CommentsPermalink

SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS.

Section 116 (209 U.S.C. 2831) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) in subparagraph (A)-- CommentsClose CommentsPermalink





(I) by striking ‘Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in’ and inserting ‘In’; and CommentsClose CommentsPermalink





(II) by striking ‘127 or’; and CommentsClose CommentsPermalink





(ii) by amending subparagraph (B) to read as follows: CommentsClose CommentsPermalink





‘(B) CONSIDERATIONS- In making the designation of local areas, the Governor shall take into consideration the following: CommentsClose CommentsPermalink





‘(i) The extent to which such local areas are consistent with labor market areas. CommentsClose CommentsPermalink





‘(ii) The extent to which labor market areas align with economic development regions. CommentsClose CommentsPermalink





‘(iii) Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce. CommentsClose CommentsPermalink





‘(iv) The distance that individuals will need to travel to receive services provided in such local areas.’; CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(2) TECHNICAL ASSISTANCE- The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1).’; CommentsClose CommentsPermalink





(C) by striking paragraph (3) and inserting the following: CommentsClose CommentsPermalink





‘(3) DESIGNATION ON RECOMMENDATION OF STATE BOARD- The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated.’; CommentsClose CommentsPermalink





(D) by striking paragraph (4); and CommentsClose CommentsPermalink





(E) by redesignating paragraph (5) as paragraph (4); CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows: CommentsClose CommentsPermalink





‘(b) Single States- Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title.’; and CommentsClose CommentsPermalink





(3) in subsection (c)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by adding at the end the following: ‘The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section.’; and CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘employment statistics’ and inserting ‘workforce and labor market information’. CommentsClose CommentsPermalink

SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS.

Section 117 (29 U.S.C. 2832) is amended-- CommentsClose CommentsPermalink





(1) in subsection (b)-- CommentsClose CommentsPermalink





(A) in subparagraph (A) of paragraph (2)-- CommentsClose CommentsPermalink





(i) in subparagraph (A)-- CommentsClose CommentsPermalink





(I) by striking ‘include--’ and all that follows through ‘representatives’ and inserting ‘include representatives’; CommentsClose CommentsPermalink





(iiII) by striking clauses (ii) through (vi); CommentsClose CommentsPermalink





(iiiIII) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively;(iv) by striking clause (ii) (as so redesignated) and inserting the following: (and by moving the margins of such clauses 2 ems to the left); CommentsClose CommentsPermalink





(IV) by striking clause (ii) (as so redesignated) and inserting the following: CommentsClose CommentsPermalink





‘(ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and’; and CommentsClose CommentsPermalink





(vV) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ‘; and’; and CommentsClose CommentsPermalink





(ii) by amending subparagraph (B) to read as follows: CommentsClose CommentsPermalink





‘(B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including-- CommentsClose CommentsPermalink





‘(i) a superintendent of the local secondary school system or the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists); CommentsClose CommentsPermalink





‘(ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or CommentsClose CommentsPermalink





‘(iii) representatives of veterans service organizations.’; CommentsClose CommentsPermalink





(B) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by striking ‘A majority’ and inserting ‘A 2/3 majority’; and CommentsClose CommentsPermalink





(ii) by striking ‘(2)(A)(i)’ and inserting ‘(2)(A)’; and CommentsClose CommentsPermalink





(C) in paragraph (5) by striking ‘(2)(A)(i)’ and inserting ‘(2)(A)’; CommentsClose CommentsPermalink





and

(D) by striking subsection (c)(1)(C);

(2 (2) by striking subsection (c)(1)(C); CommentsClose CommentsPermalink




(3) by amending subsection (d) to read as follows: CommentsClose CommentsPermalink





‘(d) Functions of Local Board- The functions of the local board shall include the following: CommentsClose CommentsPermalink





‘(1) LOCAL PLAN- Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. CommentsClose CommentsPermalink





‘(2) WORKFORCE RESEARCH AND REGIONAL LABOR MARKET ANALYSIS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The local board shall-- CommentsClose CommentsPermalink





‘(i) conduct, and regularly update, an analysis of-- CommentsClose CommentsPermalink





‘(I) the economic conditions in the local area; CommentsClose CommentsPermalink





‘(II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; CommentsClose CommentsPermalink





‘(III) the knowledge and skills of the workforce in the local area; and CommentsClose CommentsPermalink





‘(IV) workforce development activities (including education and training) in the local area; and CommentsClose CommentsPermalink





‘(ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. CommentsClose CommentsPermalink





‘(B) EXISTING ANALYSIS- A local board may use existing analysis by the local economic development agency or related entity in order to carry out requirements of subparagraph (A)(i). CommentsClose CommentsPermalink





‘(3) BUSINESSEMPLOYER ENGAGEMENT- The local Board shall meet the needs of businesemployers and support economic growth in the local area by enhancing communication, coordination, and collaboration among businesses, economic development agencies, and service providers.‘(4) employers, economic development agencies, and service providers. CommentsClose CommentsPermalink





‘(4) BUDGET AND ADMINISTRATION- CommentsClose CommentsPermalink





‘(A) BUDGET- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. CommentsClose CommentsPermalink





‘(ii) TRAINING RESERVATION- In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- CommentsClose CommentsPermalink





‘(i) GRANT RECIPIENT- CommentsClose CommentsPermalink





‘(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 section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(ii) STAFF- The local board may employ staff to assist in carrying out the functions described in this subsection. CommentsClose CommentsPermalink





‘(iii) GRANTS AND DONATIONS- The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. CommentsClose CommentsPermalink





‘(5) SELECTION OF OPERATORS AND PROVIDERS- CommentsClose CommentsPermalink





‘(A) SELECTION OF ONE-STOP OPERATORS- Consistent with section 121(d), the local board, with the agreement of the chief elected official-- CommentsClose CommentsPermalink





‘(i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and CommentsClose CommentsPermalink





‘(ii) may terminate for cause the eligibility of such operators. CommentsClose CommentsPermalink





‘(B) IDENTIFICATION OF ELIGIBLE TRAINING SERVICE PROVIDERS- Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4), in the local area. CommentsClose CommentsPermalink





‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS OF WORK READY SERVICES- If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. CommentsClose CommentsPermalink





‘(6) PROGRAM OVERSIGHT- The local board, in partnership with the chief elected official, shall be responsible for-- CommentsClose CommentsPermalink





‘(A) ensuring the appropriate use of management of the funds provided for local employment and training activities authorized under section 134(b); and CommentsClose CommentsPermalink





‘(B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. CommentsClose CommentsPermalink





‘(7) NEGOTIATION OF LOCAL PERFORMANCE MEASURES- The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). CommentsClose CommentsPermalink





‘(8) TECHNOLOGY IMPROVEMENTS- The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.’; CommentsClose CommentsPermalink





(34) in subsection (e)-- CommentsClose CommentsPermalink





(A) by inserting ‘electronic means and’ after ‘regular basis through’; and CommentsClose CommentsPermalink





(B) by striking ‘and the award of grants or contracts to eligible providers of youth activities,’; CommentsClose CommentsPermalink





(4) in subsection (f),5) in subsection (f)-- CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by striking ‘section 134(d)(4)’ and inserting ‘section 134(c)(4)’; and CommentsClose CommentsPermalink





(B) by striking paragraph (2) and inserting the following: CommentsClose CommentsPermalink





‘(2) WORK READY SERVICES, DESIGNATION, OR CERTIFICATION AS ONE-STOP OPERATORS- A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor.’; CommentsClose CommentsPermalink





(56) in subsection (g)(1), by inserting ‘or participate in action taken’ after ‘vote’; and CommentsClose CommentsPermalink





(67) by striking subsections (h) and (i). CommentsClose CommentsPermalink

SEC. 107. LOCAL PLAN.

Section 118 (29 U.S.C. 2833) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘5-year’ and inserting ‘3-year’; CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows: CommentsClose CommentsPermalink





‘(b) Contents- The local plan shall include-- CommentsClose CommentsPermalink





‘(1) a description of the analysis of the local area’s economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; CommentsClose CommentsPermalink





‘(2) a description of the one-stop delivery system in the local area, including-- CommentsClose CommentsPermalink





‘(A) a description of how the local board will ensure-- CommentsClose CommentsPermalink





‘(i) the continuous improvement of eligible providers of services through the system; and CommentsClose CommentsPermalink





‘(ii) that such providers meet the employment needs of local businesses and participants; and CommentsClose CommentsPermalink





‘(B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); CommentsClose CommentsPermalink





‘(3) a description of the strategies and services that will be used in the local area-- CommentsClose CommentsPermalink





‘(A) to more fully engage businesses, including businesseemployers, including small businesses and employers in in-demand industries and occupations important to the local economy; CommentsClose CommentsPermalink





‘(B) to meet the needs of businesses in the local area; andemployers in the local area; CommentsClose CommentsPermalink





‘(C) to better coordinate workforce development programs with economic development; and CommentsClose CommentsPermalink





‘(D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including libraries, as appropriate; CommentsClose CommentsPermalink





‘(4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster-- CommentsClose CommentsPermalink





‘(A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; CommentsClose CommentsPermalink





‘(B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy,State economy; and CommentsClose CommentsPermalink





‘(C) to address critical skill gaps within and across industries; CommentsClose CommentsPermalink





‘(5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); CommentsClose CommentsPermalink





‘(6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; CommentsClose CommentsPermalink





‘(7) a description of how the local area will-- CommentsClose CommentsPermalink





‘(A) coordinate activities with the local area’s disability community to and with services provided 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)) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; CommentsClose CommentsPermalink





‘(B) consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and CommentsClose CommentsPermalink





‘(C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; CommentsClose CommentsPermalink





‘(8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be-- CommentsClose CommentsPermalink





‘(A) used to measure the performance of the local area; and CommentsClose CommentsPermalink





‘(B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; CommentsClose CommentsPermalink





‘(9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; CommentsClose CommentsPermalink





‘(10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; CommentsClose CommentsPermalink





‘(11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; CommentsClose CommentsPermalink





and‘(12 ‘(12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including-- CommentsClose CommentsPermalink





‘(A) training and internships in in-demand industries or occupations important to the State and local economy; CommentsClose CommentsPermalink





‘(B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and CommentsClose CommentsPermalink





‘(C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; CommentsClose CommentsPermalink





‘(13) a description of-- CommentsClose CommentsPermalink





‘(A) how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; CommentsClose CommentsPermalink





‘(B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and CommentsClose CommentsPermalink





‘(C) the veteran population to be served in the local area; CommentsClose CommentsPermalink





‘(14) a description of-- CommentsClose CommentsPermalink





‘(A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); CommentsClose CommentsPermalink





‘(B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; CommentsClose CommentsPermalink





‘(C) the date on which the veteran employment specialist was assigned; and CommentsClose CommentsPermalink





‘(D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans’ Employment and Training Services Institute; and CommentsClose CommentsPermalink





‘(15) such other information as the Governor may require.’; CommentsClose CommentsPermalink





(3) in subsection (c)(1), by striking ‘such means’ and inserting ‘electronic means such’; and CommentsClose CommentsPermalink





(4) in subsection (c)(2), by striking ‘, including representatives of business and representatives of labor organizations,’. CommentsClose CommentsPermalink

SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM.

Section 121 (29 U.S.C. 2841) is amended-- CommentsClose CommentsPermalink





(1) in subsection (b)-- CommentsClose CommentsPermalink





(A) by striking subparagraph (A) of paragraph (1) and inserting the following: CommentsClose CommentsPermalink





‘(A) ROLES AND RESPONSIBILITIES OF ONE-STOP PARTNERS- Each entity that carries out a program or activities described in subparagraph (B) shall-- CommentsClose CommentsPermalink





‘(i) provide access through the one-stop delivery system to the programs and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at the one-stop centers (in addition to any other appropriate locations); CommentsClose CommentsPermalink





‘(ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); CommentsClose CommentsPermalink





‘(iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and CommentsClose CommentsPermalink





‘(iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity.’; CommentsClose CommentsPermalink





(B) in paragraph (1)(B)-- CommentsClose CommentsPermalink





(i) by striking clause (vi); and CommentsClose CommentsPermalink





(ii) by redesignating clauses (vii) through (xii) as clauses (vi) through (xi), respectively; and CommentsClose CommentsPermalink





(C) in paragraph (2)(B)--(i) by striking clause-- CommentsClose CommentsPermalink





(i) in subparagraph (A)(i), by striking ‘section 134(d)(2)’ and inserting ‘section 134(c)(2)’; and CommentsClose CommentsPermalink





(ii) in subparagraph (B)-- CommentsClose CommentsPermalink





(I) by striking clauses (ii) and (v); CommentsClose CommentsPermalink





(ii) by redesignating clauses (iii) through (iv) as II) in clause (iv), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(III) by redesignating clauses (ii) throughi) and (iv) as clauses (ii) and (iii), respectively; and CommentsClose CommentsPermalink





(iii) by adding at theIV) by adding at the end the following: CommentsClose CommentsPermalink





‘(iv) employment and training programs administered by the Commissioner of the Social Security Administration; CommentsClose CommentsPermalink





‘(v) employment and training programs carried out by the Administrator of the Small Business Administration; CommentsClose CommentsPermalink





‘(vi) employment, training, and literacy services carried out by public libraries; and CommentsClose CommentsPermalink





‘(vii) other appropriate Federal, State, or local programs, including programs in the private sector.’; CommentsClose CommentsPermalink





(2) in subsection (c)(2), by amending subparagraph (A) to read as follows: CommentsClose CommentsPermalink





‘(A) provisions describing-- CommentsClose CommentsPermalink





‘(i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; CommentsClose CommentsPermalink





‘(ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); CommentsClose CommentsPermalink





‘(iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and CommentsClose CommentsPermalink





‘(iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 2-year period to ensure appropriate funding and delivery of services; and’; CommentsClose CommentsPermalink





(3) in subsection (d)-- CommentsClose CommentsPermalink





(A) in the heading for paragraph (1), by striking ‘DESIGNATION AND CERTIFICATION’ and inserting ‘LOCAL DESIGNATION AND CERTIFICATION’; CommentsClose CommentsPermalink





(B) in paragraph (2)-- CommentsClose CommentsPermalink





(i) by striking ‘section 134(c)’ and inserting ‘subsection (e)’; CommentsClose CommentsPermalink





(ii) by amending subparagraph (A) to read as follows: CommentsClose CommentsPermalink





‘(A) shall be designated or certified as a one-stop operator through a competitive process; and’; and CommentsClose CommentsPermalink





(iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and CommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘vocational’ and inserting ‘career and technical’; CommentsClose CommentsPermalink





(4) by amending subsection (e) to read as follows: CommentsClose CommentsPermalink





‘(e) Establishment of One-Stop Delivery System- CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall-- CommentsClose CommentsPermalink





‘(A) provide the work ready services described in section 134(c)(2); CommentsClose CommentsPermalink





‘(B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(G) of such section; CommentsClose CommentsPermalink





‘(C) provide access to the activities carried out under section 134(d), if any; CommentsClose CommentsPermalink





‘(D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and CommentsClose CommentsPermalink





‘(E) provide access to the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)). CommentsClose CommentsPermalink





‘(2) ONE-STOP DELIVERY- At a minimum, the one-stop delivery system-- CommentsClose CommentsPermalink





‘(A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and CommentsClose CommentsPermalink





‘(B) may also make programs, services, and activities described in paragraph (1) available-- CommentsClose CommentsPermalink





‘(i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and CommentsClose CommentsPermalink





‘(ii) through a network of eligible one-stop partners-- CommentsClose CommentsPermalink





‘(I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and CommentsClose CommentsPermalink





‘(II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). CommentsClose CommentsPermalink





‘(3) SPECIALIZED CENTERS- The centers and sites described in paragraph (2) may have a specialization in addressing special needs.’; and CommentsClose CommentsPermalink





(5) by adding at the end the following: CommentsClose CommentsPermalink





‘(g) Certification of One-Stop Centers- CommentsClose CommentsPermalink





‘(1) IN GENERAL- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The State board shall establish objective procedures and criteria for periodically certifying one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). CommentsClose CommentsPermalink





‘(B) CRITERIA- The criteria for certification under this subsection shall include-- CommentsClose CommentsPermalink





‘(i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; CommentsClose CommentsPermalink





‘(ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and CommentsClose CommentsPermalink





‘(iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. CommentsClose CommentsPermalink





‘(C) EFFECT OF CERTIFICATION- One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). CommentsClose CommentsPermalink





‘(2) LOCAL BOARDS- Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. CommentsClose CommentsPermalink





‘(h) One-Stop Infrastructure Funding- CommentsClose CommentsPermalink





‘(1) PARTNER CONTRIBUTIONS- CommentsClose CommentsPermalink





‘(A) PROVISION OF FUNDS- Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. CommentsClose CommentsPermalink





‘(B) DETERMINATION OF GOVERNOR- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). CommentsClose CommentsPermalink





‘(ii) SPECIAL RULE- In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. CommentsClose CommentsPermalink





‘(iii) APPEAL BY ONE-STOP PARTNERS- The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. CommentsClose CommentsPermalink





‘(C) LIMITATIONS- CommentsClose CommentsPermalink





‘(i) PROVISION FROM ADMINISTRATIVE FUNDS- The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. CommentsClose CommentsPermalink





‘(ii) FEDERAL DIRECT SPENDING PROGRAMS- Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. CommentsClose CommentsPermalink





‘(2) ALLOCATION BY GOVERNOR- From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). CommentsClose CommentsPermalink





‘(3) ALLOCATION FORMULA- The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. CommentsClose CommentsPermalink





‘(4) COSTS OF INFRASTRUCTURE- For purposes of this subsection, the term ‘costs of infrastructure’ means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including adapssistive technology for individuals with disabilities). CommentsClose CommentsPermalink





‘(i) Other Funds- CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including-- CommentsClose CommentsPermalink





‘(A) infrastructure costs that are in excess of the funds provided under subsection (h); CommentsClose CommentsPermalink





‘(B) common costs that are in addition to the costs of infrastructure; and CommentsClose CommentsPermalink





‘(C) the costs of the provision of work ready services applicable to each program. CommentsClose CommentsPermalink





‘(2) DETERMINATION AND GUIDANCE- The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas.’. CommentsClose CommentsPermalink

SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.

Section 122 (29 U.S.C. 2842) is amended to read as follows: CommentsClose CommentsPermalink

‘SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.

‘(a) Eligibility- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. CommentsClose CommentsPermalink





‘(2) PROVIDERS- Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be-- CommentsClose CommentsPermalink





‘(A) a postsecondary educational institution that-- CommentsClose CommentsPermalink





‘(i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and CommentsClose CommentsPermalink





‘(ii) provides a program that leads to an associate degree, baccalaureate degree, or industry-recognized certification; CommentsClose CommentsPermalink





‘(B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663;29 U.S.C. 50 et seq.); or CommentsClose CommentsPermalink





‘(C) another public or private provider of a program of training services. CommentsClose CommentsPermalink





‘(3) INCLUSION IN LIST OF ELIGIBLE PROVIDERS- A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d)(1). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d)(1) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). CommentsClose CommentsPermalink





‘(b) Criteria- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The criteria established pursuant to subsection (a) shall take into account-- CommentsClose CommentsPermalink





‘(A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle (taking into consideration the characteristics of the population served and relevant economic conditions); CommentsClose CommentsPermalink





‘(B) whether the training programs of such providers relate to occupations that are in demand; CommentsClose CommentsPermalink





‘(C) the need to ensure access to training services throughout the State, including in rural areas; CommentsClose CommentsPermalink





‘(D) the ability of providers to offer programs that lead to a degree or an industry-recognized certification, certificate, or mastery; CommentsClose CommentsPermalink





‘(E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and CommentsClose CommentsPermalink





‘(F) such other factors as the Governor determines are appropriate. CommentsClose CommentsPermalink





‘(2) INFORMATION- The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including-- CommentsClose CommentsPermalink





‘(A) information on degrees and industry-recognized certifications received by such participants; CommentsClose CommentsPermalink





‘(B) information on costs of attendance for such participants; CommentsClose CommentsPermalink





‘(C) information on the program completion rate for such participants; and CommentsClose CommentsPermalink





‘(D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), which shall include information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program. CommentsClose CommentsPermalink





‘(3) RENEWAL- The criteria established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services. CommentsClose CommentsPermalink





‘(4) LOCAL CRITERIA- A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. CommentsClose CommentsPermalink





‘(5) LIMITATION- In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g). CommentsClose CommentsPermalink





‘(c) Procedures- The procedures established under subsection (a) shall-- CommentsClose CommentsPermalink





‘(1) identify-- CommentsClose CommentsPermalink





‘(A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and CommentsClose CommentsPermalink





‘(B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and CommentsClose CommentsPermalink





‘(2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. CommentsClose CommentsPermalink





‘(d) Information To Assist Participants in Choosing Providers- CommentsClose CommentsPermalink





‘(1) IN GENERAL- In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information regarding the occupations in demand that relate to the training programs of such providers and the accompanying information described in paragraph (2), is provided to the local boards in the State to be made available to such participants and to members of the public through the one-stop delivery system in the State. CommentsClose CommentsPermalink





‘(2) AVAILABILITY THROUGH ONE-STOP DELIVERY SYSTEM- 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. CommentsClose CommentsPermalink





‘(e) Enforcement- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The criteria and procedures established under this section shall provide the following: CommentsClose CommentsPermalink





‘(A) INTENTIONALLY SUPPLYING INACCURATE INFORMATION- Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. CommentsClose CommentsPermalink





‘(B) SUBSTANTIAL VIOLATIONS- Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated. CommentsClose CommentsPermalink





‘(C) REPAYMENT- A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. CommentsClose CommentsPermalink





‘(2) CONSTRUCTION- Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. CommentsClose CommentsPermalink





‘(f) Agreements With Other States- States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. CommentsClose CommentsPermalink





‘(g) Recommendations- In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. CommentsClose CommentsPermalink





‘(h) Opportunity To Submit Comments- During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. CommentsClose CommentsPermalink





‘(i) On-the-Job Training or Customized Training Exception- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). CommentsClose CommentsPermalink





‘(2) COLLECTION AND DISSEMINATION OF INFORMATION- A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.’. CommentsClose CommentsPermalink

SEC. 110. GENERAL AUTHORIZATION.

Chapter 5 of subtitle B of title I is amended-- CommentsClose CommentsPermalink





(1) by striking the heading for chapter 5 and inserting the following: ‘EMPLOYMENT AND TRAINING ACTIVITIES’; and CommentsClose CommentsPermalink





(2) in section 131 (29 U.S.C. 2861)-- CommentsClose CommentsPermalink





(A) by striking ‘paragraphs (1)(B) and (2)(B) of’; and CommentsClose CommentsPermalink





(B) by striking ‘adults, and dislocated workers,’ and inserting ‘individuals’. CommentsClose CommentsPermalink

SEC. 111. STATE ALLOTMENTS.

Section 132 (29 U.S.C. 2862) is amended-- CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows: CommentsClose CommentsPermalink





‘(a) In General- The Secretary shall-- CommentsClose CommentsPermalink





‘(1) reserve2 1/2 of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which-- CommentsClose CommentsPermalink





‘(A) not less than 90 percent shall be used 50 percent shall be used to provide technical assistance under section 170; and CommentsClose CommentsPermalink





‘(B) 50 percent shall be used for national emergency grants under section 173;

‘(B) not more than 5 percent may be used to provide technical assistance under section 170; and

‘(C) not more than 5 percent may be used for evaluations under section 172; CommentsClose CommentsPermalink




‘(2) reserve not more than 12 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; CommentsClose CommentsPermalink





and‘(3 ‘(3) reserve not more than 28 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; CommentsClose CommentsPermalink





‘(4) reserve not more than 0.15 percent of the total amount appropriated under section 137 for a fiscal year to carry out military transitional assistance under section 175; and CommentsClose CommentsPermalink





‘(5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) and (2through (4)), make allotments in accordance with subsection (b) of this section.’; and CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows: CommentsClose CommentsPermalink





‘(b) Workforce Investment Fund- CommentsClose CommentsPermalink





‘(1) RESERVATION FOR OUTLYING AREAS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- From the amount made available under subsection (a)(35) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. CommentsClose CommentsPermalink





‘(B) RESTRICTION- The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 99-658)) after the date of enactment of the Workforce Investment Improvement Act of 2012. CommentsClose CommentsPermalink





‘(2) STATES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- After determining the amount to be reserved under subparagraph (A), the Secretary shallparagraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(35) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. CommentsClose CommentsPermalink





‘(B) FORMULA- Subject to subparagraphs (C) and (D), of the remainder-- CommentsClose CommentsPermalink





‘(i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; CommentsClose CommentsPermalink





‘(ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; CommentsClose CommentsPermalink





‘(iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and CommentsClose CommentsPermalink





‘(iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. CommentsClose CommentsPermalink





‘(C) MINIMUM AND MAXIMUM PERCENTAGES- CommentsClose CommentsPermalink





‘(i) MINIMUM PERCENTAGE- The Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year-- CommentsClose CommentsPermalink





‘(I) fiscal year 2013, that is less than 100 percent of the allotment percentage of the State for the preceding fiscal year; and CommentsClose CommentsPermalink





‘(II) fiscal year 2014 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. CommentsClose CommentsPermalink





‘(ii) MAXIMUM PERCENTAGE- Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. CommentsClose CommentsPermalink





‘(D) SMALL STATE MINIMUM ALLOTMENT- Subject to subparagraph (C), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 2/10 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. CommentsClose CommentsPermalink





‘(E) DEFINITIONS- For the purpose of the formula specified in this subparagraph:‘(i) ALLOCATIONparagraph: CommentsClose CommentsPermalink





‘(i) ALLOTMENT PERCENTAGE- The term ‘allocationtment percentage’-- CommentsClose CommentsPermalink





‘(I) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areatted to States under title I of this Act, title V of the Older Americans Act of 1965, sections 4103A and 4104 of title 38, United States Code,section 2021 of title 38, United States Code, section 1144 of title 10, United States Code, and sections 1 through 134 of the Wagner-Peyser Act of 1933, as such provisions were in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2012, that is received under such provisions by the local area State involved for fiscal year 2012; and CommentsClose CommentsPermalink





‘(II) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the funds described in subclause (I) that is received through an allocation made under this clause for the fiscal year.‘(ii)amounts allotted to States for fiscal year 2012 under the provisions described in subclause (I) that is received through an allotment made under this paragraph for the fiscal year. CommentsClose CommentsPermalink





‘(ii) DISADVANTAGED YOUTH- The term ‘disadvantaged youth’ means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of-- CommentsClose CommentsPermalink





‘(I) the poverty line; or CommentsClose CommentsPermalink





‘(II) 70 percent of the lower living standard income level. CommentsClose CommentsPermalink





‘(iii) INDIVIDUAL- The term ‘individual’ means an individual who is not less than age 16 and not more than age 72.’. CommentsClose CommentsPermalink

SEC. 112. WITHIN STATE ALLOCATIONS.

Section 133 is amended-- CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows: CommentsClose CommentsPermalink





‘(a) Reservations for Statewide Employment and Training Activities- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Governor of a State shall reserve up to 510 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in paragraphs (2) and (3) of section 134(a). CommentsClose CommentsPermalink





‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES- Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 10 percent for statewide rapid response activities described in section 134(a)(4). CommentsClose CommentsPermalink





‘(3) STATEWIDE YOUTH CHALLENGE GRANTS- The Governor of a State shall reserve up to 18 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out statewide activities described in section 134(a)(5).‘(4) STATEWIDE ADULTINDIVIDUALS WITH BARRIERS TO EMPLOYMENT GRANTS- The Governor of a State shall reserve 2 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out statewide activities described in section 134(a)(65).’; CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows: CommentsClose CommentsPermalink





‘(b) Within State Allocation- CommentsClose CommentsPermalink





‘(1) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall-- CommentsClose CommentsPermalink





‘(A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and CommentsClose CommentsPermalink





‘(B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C); and‘(C) award the funds that are reserved by the State under subsection (a)(4) through competitive grants to eligible entities, in accordance with section 134(a)(1)(D). CommentsClose CommentsPermalink





‘(2) FORMULA ALLOCATIONS FOR THE WORKFORCE INVESTMENT FUND- CommentsClose CommentsPermalink





‘(A) ALLOCATION- In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate-- CommentsClose CommentsPermalink





‘(i) 25 percent on the basis described in section 132(b)(2)(B)(i); CommentsClose CommentsPermalink





‘(ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); CommentsClose CommentsPermalink





‘(iii) 25 percent on the basis described in section 132(b)(B)(iii); and CommentsClose CommentsPermalink





‘(iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). CommentsClose CommentsPermalink





‘(B) MINIMUM AND MAXIMUM PERCENTAGES- CommentsClose CommentsPermalink





‘(i) MINIMUM PERCENTAGE- The State shall ensure that no local area shall receive an allotment under this paragraph for a fiscal yearcation under this paragraph for-- CommentsClose CommentsPermalink





‘(I) fiscal year 2013, that is less than 100 percent of the allocation percentage of the local area for the preceding fiscal year; and CommentsClose CommentsPermalink





‘(II) fiscal year 2014 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. CommentsClose CommentsPermalink





‘(ii) MAXIMUM PERCENTAGE- Subject to clause (i), the State shall ensure that no local area shall receive an allocation for a fiscal year under this subparagraph for a fiscal year that is more than 130 percent of the allocation percentage of the local area for the preceding fiscal year. CommentsClose CommentsPermalink





‘(C) DEFINITIONS- For the purpose of the formula specified in this paragraph, the term ‘allocation percentage’-- CommentsClose CommentsPermalink





‘(i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965, sections 4103A and 4104 of title 38, United States Code,section 2021 of title 38, United States Code, section 1144 of title 10, United States Code, and sections 1 through 134 of the Wagner-Peyser Act of 1933, as such provisions were in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2012, that is received under such provisions by the local area involved for fiscal year 2012; and CommentsClose CommentsPermalink





‘(ii) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the funds amounts allocated to local areas for fiscal year 2012 under the provisions described in clause (i) that is received through an allocation made under this clauseparagraph for the fiscal year.’; CommentsClose CommentsPermalink





(3) in subsection (c)-- CommentsClose CommentsPermalink





(A) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation.’; CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘paragraph (2)(A) or (3) of subsection (b) for such activities’ and inserting ‘subsection (b) for such activities’; CommentsClose CommentsPermalink





(C) by amending paragraph (3) to read as follows: CommentsClose CommentsPermalink





‘(3) REALLOCATIONS- In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year.’; and CommentsClose CommentsPermalink





(D) in paragraph (4), by striking ‘paragraph (2)(A) or (3) of’; and CommentsClose CommentsPermalink





(4) by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(d) Local Administrative Cost Limit- Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter.’. CommentsClose CommentsPermalink

SEC. 113. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.

Section 134 is amended-- CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows: CommentsClose CommentsPermalink





‘(a) Statewide Employment and Training Activities- CommentsClose CommentsPermalink





‘(1) IN GENERAL- CommentsClose CommentsPermalink





‘(A) DISTRIBUTION OF STATEWIDE ACTIVITIES- Funds reserved by a Governor for a State as described in section 133(a)(1)-- CommentsClose CommentsPermalink





‘(i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and CommentsClose CommentsPermalink





‘(ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). CommentsClose CommentsPermalink





‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES- Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). CommentsClose CommentsPermalink





‘(C) STATEWIDE YOUTH CHALLENGE GRANTS- Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Youth Challenge Grant competition described in paragraph (5).‘(D) STATEWIDE ADULTINDIVIDUALS WITH BARRIERS TO EMPLOYMENT GRANTS- Funds reserved by a Governor for a State as described in section 133(a)(43) shall be used to carry out the Statewide AdultIndividuals with Barriers to Employment Grant competition described in paragraph (65). CommentsClose CommentsPermalink





‘(2) REQUIRED STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include-- CommentsClose CommentsPermalink





‘(A) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; CommentsClose CommentsPermalink





‘(B) implementing innovative programs and strategies designed to meet the needs of all businesses in the State, including employers in the State, including small businesseemployers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, including regional skills alliances, sectoral skills partnerships (in which representatives of multiple employers for a specific industry sector or group of related occupations, economic development agencies, providers of training services described in subsection (c)(4), labor federations, and other entities that can provide needed supportive services tailored to the needs of workers in that sector or group, for a local area or region, identify gaps between the current and expected demand and supply of labor and skills in that sector or group for that area or region and develop a strategic skills gap action plan), career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; CommentsClose CommentsPermalink





and‘(C ‘(C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market; and CommentsClose CommentsPermalink





‘(D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172. CommentsClose CommentsPermalink





‘(3) ALLOWABLE STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include-- CommentsClose CommentsPermalink





‘(A) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; CommentsClose CommentsPermalink





‘(B) providing technical assistance and capacity building to local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance measures; CommentsClose CommentsPermalink





‘(C) operating a fiscal and management accountability system under section 136(f); CommentsClose CommentsPermalink





‘(D) carrying out monitoring and oversight of activities carried out under this chapter; CommentsClose CommentsPermalink





‘(E) developing strategies for effectively integrating programs and services among one-stop partners; CommentsClose CommentsPermalink





and‘(F) carrying out activities to‘(F) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and CommentsClose CommentsPermalink





‘(G) incorporating pay-for-performance contracting strategies as an element in funding activities under this section. CommentsClose CommentsPermalink





‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES- A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include-- CommentsClose CommentsPermalink





‘(A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and CommentsClose CommentsPermalink





‘(B) 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 or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. CommentsClose CommentsPermalink





‘(5) STATEWIDE YOUTH CHALLENGE GRANTS-

‘(A) IN GENERAL- Of the funds reserved as described in section 133(a)(3), the Governor of a State--

‘(i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e) of the programs and activities carried out under this paragraph; and

‘(ii) using the remainder, shall award grants, on a competitive basis, to eligible entities to carry out programs and activities authorized under this paragraph to assist eligible youth in acquiring the education and skills, credentials, and employment experience necessary to succeed in the labor market.

‘(B) ELIGIBLE ENTITY DEFINED- For purposes of this paragraph, the term ‘eligible entity’ means--

‘(i) a local board or a consortium of local boards;

‘(ii) a nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities with a demonstrated record of--

‘(I) placing youth into year-round employment;

‘(II) successfully implementing dropout recovery activities, or

‘(III) successfully implementing intensive and fully supervised programs of education, career training, and work experience; or

‘(iii) a consortium of the entities described in clauses (i) and (ii).

‘(C) GRANT PERIOD-

‘(i) IN GENERAL- A grant under this paragraph shall be awarded for a period of 1 year.

‘(ii) GRANT RENEWAL- A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph.

‘(D) AUTHORITY TO REQUIRE MATCH- A Governor of a State may require that eligible entities receiving grants under this paragraph provide a non-Federal share of the cost of activities carried out under this paragraph.

‘(E) ELIGIBLE YOUTH- To be eligible to participate in activities under this paragraph, an individual shall be a youth between the ages 16 and 24 as of the time the eligibility determination is made by the Governor of the State who is--

‘(i) a secondary school dropout;

‘(ii) a member of a low-income family;

‘(iii) a youth in foster care (including youth aging out of foster care);

‘(iv) a youth offender;

‘(v) a youth who is an individual with a disability;

‘(vi) a child of incarcerated parents; or

‘(vii) a migrant youth.

‘(F) USE OF FUNDS- An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible youth in acquiring the education and skills, credentials, and employment experience that are necessary to succeed in the labor market by carrying out at least one of the following:

‘(i) Training and internships for out-of-school youth in in-demand industries or occupations important to the State and local economy.

‘(ii) Dropout recovery activities that are designed to lead to the attainment of a secondary school diploma, General Education Development (GED) credential, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities).

‘(iii) Activities designed to assist special youth populations, such as court-involved youth, homeless youth, foster-children, young parents, and youth with disabilities.

‘(iv) Activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training, apprenticeships, and career-ladder employment.

‘(v) Operating a residential center, such as a Job Corps Center described in subparagraph (I) if the requirements described in clause (iii) of such subparagraph are met, that shall be operated so as to provide enrollees, in a well-supervised setting, with access to activities described in this subparagraph.

‘(vi) Other evidence-based strategies or activities designed to improve the education and employment outcomes for youth.

‘(G) APPLICATIONS- To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including--

‘(i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plans submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph;

‘(ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible youth under this paragraph;

‘(iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities;

‘(iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible youth;

‘(v) a description of youth populations to be served and the skill needs of those populations, and the manner in which eligible youth will be recruited and selected as participants;

‘(vi) a description of the private and public, and local and State resources that will be leveraged, in addition to the grant funds provided under this paragraph, to provide the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available;

‘(vii) a description of the extent of the involvement of employers in such programs and activities;

‘(viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for youth specified in section 136(b)(2)(A)(ii); and

‘(ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph.

‘(H) FACTORS FOR AWARD-

‘(i) IN GENERAL- In awarding grants under this paragraph, a State shall consider--

‘(I) the quality of the proposed programs and activities;

‘(II) the goals to be achieved;

‘(III) the likelihood of successful implementation;

‘(IV) the extent to which the proposed programs and activities--

‘(aa) are based on proven strategies or demonstrated results; or

‘(bb) will expand the education and skills training for eligible youth;

‘(V) the extent of collaboration with the State and local workforce investment systems in carrying out the proposed programs and activities;

‘(VI) the extent of employer involvement in the proposed programs and activities;

‘(VII) whether there are other Federal and non-Federal funds available for similar activities to the proposed programs and activities, and the additional State, local, and private resources that will be provided to carry out the proposed programs and activities;

‘(VIII) the quality of the proposed programs and activities in meeting the needs of the eligible youth to be served; and

‘(IX) the extent to which the proposed programs and activities will expand on the work ready and training services provided to individuals between 16 and 24 years of age provided under section 134.

‘(ii) EQUITABLE GEOGRAPHIC DISTRIBUTION- In awarding grants under this paragraph the State shall ensure an equitable distribution of such grants across geographically diverse areas.

‘(I) USE OF FUNDS FOR JOB CORPS CENTERS-

‘(i) IN GENERAL- If the requirements described in clause (iii) are met, an eligible entity may use a grant received under this paragraph to operate a Job Corps Center that was established under subtitle C, as in effect on the day before the enactment of the Workforce Investment Improvement Act of 2012, and that is in existence on the day before the enactment of such Act to--

‘(I) provide work-based learning throughout the enrollment of the enrollees of such Center; and

‘(II) assist the enrollees in obtaining meaningful unsubsidized employment, participating in secondary or postsecondary education programs, enrolling in other suitable career training programs, or satisfying Armed Forces requirements, on completion of their enrollment.

‘(ii) LIMITATION- An eligible entity may use not more than 10 percent of the grant funds received under this paragraph for construction and facilities improvement of a Job Corps Center.

‘(iii) REQUIREMENTS- In order for an eligible entity to operate a Job Corps Center under clause (i), the following requirements shall be met:

‘(I) The State has submitted to the Secretary, a written request for the appropriate title and deed for such Job Corps Center, and has been granted such title and deed under clause (iv)(I).

‘(II) The State agency, or appropriate agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, has conducted an in-person review of the physical condition and health-related activities of the Job Corps Center. Such review shall include a passing rate of occupancy under State and local ordinances.

‘(III) The State has demonstrated, as part of the State plan in section 112, that it has developed and will enforce professional standards of conduct.

‘(iv) SECRETARIAL ACTIONS-

‘(I) IN GENERAL- Upon receiving a written request from a State under clause (iii)(I), the Secretary, in coordination with the Administrator of the General Services Administration, shall transfer the title and deed for the appropriate Job Corps Center to the State within 30 days. The Secretary shall be prohibited from imposing any requirement on a State in exchange for such title and deed.

‘(II) TRANSITION- After 365 calendar days after the date of enactment of the Workforce Investment Improvement Act of 2012, the Secretary shall transfer all Job Corps Centers with respect to which the Secretary has not received a written request under clause (iii)(I) to the Administrator of the General Services Administration for disposal of excess Federal real property.

‘(6) STATEWIDE GRANTS FOR ADULTINDIVIDUALS WITH BARRIERS TO EMPLOYMENT- CommentsClose CommentsPermalink




‘(A) IN GENERAL- Of the funds reserved as described in section 133(a)(43), the Governor of a State-- CommentsClose CommentsPermalink





‘(i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and CommentsClose CommentsPermalink





‘(ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor under subparagraph (G). CommentsClose CommentsPermalink





‘(B) ELIGIBLE ENTITY DEFINED- For purposes of this paragraph, the term ‘eligible entity’ means an entity that-- CommentsClose CommentsPermalink





‘(i) is a-- CommentsClose CommentsPermalink





‘(I) local board or a consortium of local boards; CommentsClose CommentsPermalink





‘(II) nonprofit entity, for profit entity, or a consortium of nonprofit or for-profit entities; or CommentsClose CommentsPermalink





‘(III) consortium of the entities described in subclauses (I) and (II); CommentsClose CommentsPermalink





‘(ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and CommentsClose CommentsPermalink





‘(iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established under subparagraph (F). CommentsClose CommentsPermalink





‘(C) GRANT PERIOD- CommentsClose CommentsPermalink





‘(i) IN GENERAL- A grant under this paragraph shall be awarded for a period of 1 year. CommentsClose CommentsPermalink





‘(ii) GRANT RENEWAL- A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. CommentsClose CommentsPermalink





‘(D) ELIGIBLE PARTICIPANTS- To be eligible to participate in activities under this paragraph, an individual shall be a low-income adultindividual between the ages of 16 and 74 or a member of a low-income family. CommentsClose CommentsPermalink





‘(E) USE OF FUNDS- An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. CommentsClose CommentsPermalink





‘(F) APPLICATIONS- To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including-- CommentsClose CommentsPermalink





‘(i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plans submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; CommentsClose CommentsPermalink





‘(ii) a description of the educational and skills training programs and activities the eligible entities will provide to eligible participants under this paragraph; CommentsClose CommentsPermalink





‘(iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; CommentsClose CommentsPermalink





‘(iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; CommentsClose CommentsPermalink





‘(v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; CommentsClose CommentsPermalink





‘(vi) a description of the private and public, and local and State, public, local, and State resources that will be leveraged, in addition to the grant funds provided under this paragraph to provide the programs for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; CommentsClose CommentsPermalink





‘(vii) a description of the extent of the involvement of employers in such programs and activities; CommentsClose CommentsPermalink





‘(viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); CommentsClose CommentsPermalink





‘(ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; CommentsClose CommentsPermalink





‘(x) a description of the estimated savings that would result from the improved outcomes, including to other programs or units of governmentthe information described in clauses (i) through (vii) of subparagraph (G); and CommentsClose CommentsPermalink





‘(xi) any other criteria the Governor may require. CommentsClose CommentsPermalink





‘(G) PERFORMANCE OUTCOMES AND CRITERIA- Not later than 6 months after the date of the enactment of the Workforce Investment Improvement Act of 2012, the Governor of the State shall establish and publish specific performance measures for the initial qualification of eligible entities to receive a grant under this section. At a minimum, to receive an award an eligible entity shallhe Governor shall require each eligible entity to-- CommentsClose CommentsPermalink





‘(i) identify a particular program area and client population that is not achieving optimal outcomes; CommentsClose CommentsPermalink





‘(ii) provide evidence that the proposed strategy would achieve better results; CommentsClose CommentsPermalink





‘(iii) clearly articulate and quantify the improved outcomes of such new approach; CommentsClose CommentsPermalink





‘(iv) identify data that would be required to evaluate whether outcomes are being achieved for a target population and a comparison group; CommentsClose CommentsPermalink





‘(v) identify estimated savings that would result from the improved outcomes, including to other programs or units of government; CommentsClose CommentsPermalink





‘(vi) demonstrate the capacity to collect required data, track outcomes, and validate those outcomes; and CommentsClose CommentsPermalink





‘(vii) any other criteria the Governor may require. CommentsClose CommentsPermalink





‘(76) LIMITATION- Not more than 5 percent of the funds allotted under section 132(b) to a State and reserved as described in section 133(a)(1) may be used by the State for administrative activitiecosts carried out under this subsection.’; CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows: CommentsClose CommentsPermalink





‘(b) Local Employment and Training Activities- ‘(1) IN GENERAL- Funds allocated to a local area under section 133(b)(2)-- CommentsClose CommentsPermalink





‘(A1) shall be used to carry out employment and training activities described in subsection (c); and CommentsClose CommentsPermalink





‘(B2) may be used to carry out employment and training activities described in section (eubsection (d).’. CommentsClose CommentsPermalink





(3) by striking subsection (c); CommentsClose CommentsPermalink





(4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; CommentsClose CommentsPermalink





(5) in subsection (c) (as so redesignated)-- CommentsClose CommentsPermalink





(A) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) IN GENERAL- Funds allocated to a local area under section 133(b)(2) shall be used-- CommentsClose CommentsPermalink





‘(A) to establish a one-stop delivery system as described in section 121(e); CommentsClose CommentsPermalink





‘(B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and CommentsClose CommentsPermalink





‘(C) to provide training services described in paragraph (4) in accordance with such paragraph;.’; CommentsClose CommentsPermalink





(B) in paragraph (2)-- CommentsClose CommentsPermalink





(i) in the heading, by striking ‘CORE SERVICES’ and inserting ‘WORK READY SERVICES’; CommentsClose CommentsPermalink





(ii) by striking ‘core services’ and inserting ‘work ready services’; CommentsClose CommentsPermalink





(iii) by striking ‘who are adults or dislocated workers’; CommentsClose CommentsPermalink





(iv) in subparagraph (A), by inserting ‘and assistance in obtaining eligibility determinations under the other one-stop partner programs through such activities as assisting in the submission of applications, the provision of information on the results of such applications, the provision of intake services and information, and, where appropriate and consistent with the authorizing statute of the one-stop partner program, determinations of eligibility’ after ‘subtitle’; CommentsClose CommentsPermalink





(v) by amending subparagraph (D) to read as follows: CommentsClose CommentsPermalink





‘(D) labor exchange services, including-- CommentsClose CommentsPermalink





‘(i) job search and placement assistance, and where appropriate, career counseling; CommentsClose CommentsPermalink





‘(ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and CommentsClose CommentsPermalink





‘(iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j));’; CommentsClose CommentsPermalink





(vi) in subparagraph (E), by striking ‘employment statistics’ and inserting ‘workforce and labor market’; CommentsClose CommentsPermalink





(vii) in subparagraph (F), by striking ‘and eligible providers of youth activities described in section 123,’; CommentsClose CommentsPermalink





(viii) in subparagraph (I), by inserting ‘and the administration of the work test for the unemployment compensation system’ after ‘compensation’; CommentsClose CommentsPermalink





(ix) by amending subparagraph (J) to read as follows: CommentsClose CommentsPermalink





‘(J) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; and’; and CommentsClose CommentsPermalink





(x) by redesignating subparagraph (K) as subparagraph (U); and CommentsClose CommentsPermalink





(xi) by inserting the following new subparagraphs after subparagraph (J): CommentsClose CommentsPermalink





‘(K) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; CommentsClose CommentsPermalink





‘(L) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include-- CommentsClose CommentsPermalink





‘(i) diagnostic testing and use of other assessment tools; and CommentsClose CommentsPermalink





‘(ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; CommentsClose CommentsPermalink





‘(M) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participation to achieve the employment goals; CommentsClose CommentsPermalink





‘(N) group counseling; CommentsClose CommentsPermalink





‘(O) individual counseling and career planning; CommentsClose CommentsPermalink





‘(P) case management; CommentsClose CommentsPermalink





‘(Q) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; CommentsClose CommentsPermalink





‘(R) internships and work experience; CommentsClose CommentsPermalink





‘(S) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); CommentsClose CommentsPermalink





and‘(T) out-of-area job search assistance and relocation assistance.; and’; and CommentsClose CommentsPermalink





(C) by amending paragraph (3) to read as follows: CommentsClose CommentsPermalink





‘(3) DELIVERY OF SERVICES- The work ready services described in section 132(c)paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.’; CommentsClose CommentsPermalink





(D) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by amending subparagraph (A) to read as follows: CommentsClose CommentsPermalink





‘(A) IN GENERAL- Funds allocated to a local area under section 133(b) shall be used to provide training services to individuals who-- CommentsClose CommentsPermalink





‘(i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to-- CommentsClose CommentsPermalink





‘(I) be in need of training services to obtain or retain employment; and CommentsClose CommentsPermalink





‘(II) have the skills and qualifications to successfully participate in the selected program of training services; CommentsClose CommentsPermalink





‘(ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and CommentsClose CommentsPermalink





‘(iii) who meet the requirements of subparagraph (B);’; and CommentsClose CommentsPermalink





(ii) in subparagraph (B)(i), by striking ‘Except’ and inserting ‘Notwithstanding section 479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu) and except’; CommentsClose CommentsPermalink





(iii) by amending subparagraph (D) to read as follows: CommentsClose CommentsPermalink





‘(D) TRAINING SERVICES- Training services authorized under this paragraph may include-- CommentsClose CommentsPermalink





‘(i) occupational skills training; CommentsClose CommentsPermalink





‘(ii) on-the-job training; CommentsClose CommentsPermalink





‘(iii) skill upgrading and retraining; CommentsClose CommentsPermalink





‘(iv) entrepreneurial training; CommentsClose CommentsPermalink





‘(v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; CommentsClose CommentsPermalink





‘(vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; CommentsClose CommentsPermalink





‘(vii) workplace training combined with related instruction; and CommentsClose CommentsPermalink





‘(viii) occupational skills training that incorporates English language acquisition.’; CommentsClose CommentsPermalink





(iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and CommentsClose CommentsPermalink





(v) in subparagraph (E) (as so redesignated)-- CommentsClose CommentsPermalink





(I) in clause (ii)-- CommentsClose CommentsPermalink

(aa) in the matter preceding clause (I), by striking ‘subsection (c)’ and inserting ‘section subclause (I), by striking ‘subsection (c)’ and inserting ‘section 121’; and CommentsClose CommentsPermalink

(bb) in subclause (II), by striking ‘subsections (e) and (h)’ and inserting ‘subsection (i)’; and CommentsClose CommentsPermalink

(II) by striking clause (iii) and inserting the following: CommentsClose CommentsPermalink





‘(iii) CAREER ENHANCEMENT ACCOUNTS- An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. CommentsClose CommentsPermalink





‘(iv) COORDINATION- Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. CommentsClose CommentsPermalink





‘(v) ENHANCED CAREER ENHANCEMENT ACCOUNTS- Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts through the establishment of such accounts that include, in addition to the funds provided under this paragraph, funds from other programs and sources that will assist the individual in obtaining training services.’; and CommentsClose CommentsPermalink





(vi) in subparagraph (GF) (as so redesignated)-- CommentsClose CommentsPermalink





(I) in the subparagraph heading, by striking ‘INDIVIDUAL TRAINING ACCOUNTS’ and inserting ‘CAREER ENHANCEMENT ACCOUNTS’; CommentsClose CommentsPermalink





(II) in clause (i) by striking ‘individual training accounts’ and inserting ‘career enhancement accounts’; CommentsClose CommentsPermalink





(III) in clause (ii)-- CommentsClose CommentsPermalink

(aa) by striking ‘an individual training account’ and inserting ‘a career enhancement account’; CommentsClose CommentsPermalink

(bb) in subclause (II), by striking ‘individual training accounts’ and inserting ‘career enhancement accounts’; CommentsClose CommentsPermalink

(cc) in subclause (II) by striking ‘or’ after the semicolon; CommentsClose CommentsPermalink

(dd) in subclause (III) by striking the period and inserting ‘; or’; and CommentsClose CommentsPermalink

(ee) by adding at the end of the following: CommentsClose CommentsPermalink

‘(IV) the local board determines that it would be most appropriate to award a contract to an institution of higher education in order to facilitate the training of multiple individuals in in-demand sectors or occupations, if such contract does not limit customer choice.’; CommentsClose CommentsPermalink





(IV) in clause (iii), by striking ‘adult or dislocated worker’ and inserting ‘individual’; and CommentsClose CommentsPermalink





(V) in clause (iv)-- CommentsClose CommentsPermalink

(aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: CommentsClose CommentsPermalink

‘(IV) Individuals with disabilities.’; CommentsClose CommentsPermalink





(6) in subsection (d) (as so redesignated)-- CommentsClose CommentsPermalink





(A) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) DISCRETIONARY ONE-STOP DELIVERY ACTIVITIES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Funds allocated to a local area under section 133(b) may be used to provide, through the one-stop delivery system-- CommentsClose CommentsPermalink





‘(i) customized screening and referral of qualified participants in training services to employers; CommentsClose CommentsPermalink





‘(ii) customized employment-related services to employers on a fee-for-service basis; CommentsClose CommentsPermalink





‘(iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; CommentsClose CommentsPermalink





‘(iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act (42 U.S.C. 651 et seq.); CommentsClose CommentsPermalink





‘(v) incorporating pay-for-performance contracting strategies as an element in funding activities under this section; CommentsClose CommentsPermalink





‘(vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and CommentsClose CommentsPermalink





‘(vii) activities to carry out business services and strategies that meet the workforce investment needs of local area businesseemployers, as determined by the local board, consistent with the local plan under section 118, which services--

‘(I) may be provided through effective business intermediaries working in conjunction with the local board, and may also be provided on a fee-for-service basis or through the leveraging of economic development and other resources as determined appropriate by the local board; and

‘(II) may include--

‘(aa) identifying and disseminating to business, educators, and job seekers, information related to the workforce, economic and community development needs, and opportunities of the local economy;

‘(bb) development and delivery of innovative workforce investment services and strategies for area businesses, which may include sectoral, industry cluster, regional skills alliances, career ladder, skills upgrading, skill standard development and certification, apprenticeship, and other effective initiatives for meeting the workforce investment needs of area employers and workers;

‘(cc) participation in seminars and classes offered in partnership with relevant organizations focusing on the workforce-related needs of area employers and job seekers;

‘(dd) training consulting, needs analysis, and brokering services for area businesses, including the organization and aggregation of training (which may be paid for with funds other than those provided under this title), for individual employers and coalitions of employers with similar interests, products, or workforce needs;

‘(ee) assistance to area employers in the aversion of layoffs and in managing reductions in workforce in coordination with rapid response activities;

‘(ff) the marketing of business services offered under this title, to appropriate area employers, including small and mid-sized employers;

‘(gg) information referral on concerns affecting local employers; and

‘(hh) other business services and strategies designed to better engage employers in workforce investment activities and to make the workforce investment system more relevant to the workforce investment needs of area businesses, as determined by the local board to be consistent with the objectives of this title.’. CommentsClose CommentsPermalink




(B) by striking paragraphs (2) and (3); and CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(2) INCUMBENT WORKER TRAINING PROGRAMS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. CommentsClose CommentsPermalink





‘(B) TRAINING ACTIVITIES- The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. CommentsClose CommentsPermalink





‘(C) EMPLOYER MATCH REQUIRED- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The State board, in consultation with the local board as appropriate, shall establish the required portion of such costs, which may include in-kind contributions. The required portion shall not be less than 50 percent of the costs. CommentsClose CommentsPermalink





‘(ii) CALCULATION OF MATCH- The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer.’; and CommentsClose CommentsPermalink





(7) by adding at the end the following: CommentsClose CommentsPermalink





‘(e) Priority for Placement in Private Sector Jobs- In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. CommentsClose CommentsPermalink





‘(f) Veteran Employment Specialist- CommentsClose CommentsPermalink





‘(1) IN GENERAL- A local area shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection. CommentsClose CommentsPermalink





‘(2) PRINCIPAL DUTIES- A veteran employment specialist in a local area shall-- CommentsClose CommentsPermalink





‘(A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including-- CommentsClose CommentsPermalink





‘(i) conducting seminars for employers; and CommentsClose CommentsPermalink





‘(ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and CommentsClose CommentsPermalink





‘(B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. CommentsClose CommentsPermalink





‘(3) HIRING PREFERENCE FOR VETERANS AND INDIVIDUALS WITH EXPERTISE IN SERVING VETERANS- A local area shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2). In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: CommentsClose CommentsPermalink





‘(A) To qualified service-connected disabled veterans. CommentsClose CommentsPermalink





‘(B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. CommentsClose CommentsPermalink





‘(C) If no veteran described in subparagraph (A) or (B) is available, to any other individuals with expertise in serving veterans. CommentsClose CommentsPermalink





‘(4) REPORTING- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide reports, not less frequently than quarterly, to the manager of such center and to the Director for Veterans’ Employment and Training for the State on compliance by the representative with Federal law and regulations with respect to the special services and hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. CommentsClose CommentsPermalink





‘(B) REPORT TO SECRETARY- Each State shall submit to the Secretary an annual report on the qualifications used by the local area in making hiring determinations for a veteran employment specialist and the salary structure under which such specialists are compensated. CommentsClose CommentsPermalink





‘(C) REPORT TO CONGRESS- The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local communities. CommentsClose CommentsPermalink





‘(5) PART-TIME EMPLOYEES- A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. CommentsClose CommentsPermalink





‘(6) TRAINING REQUIREMENTS- Each veteran employment specialist described in paragraph (1) shall satisfactorily complete training provided by the National Veterans’ Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. CommentsClose CommentsPermalink





‘(7) Specialist’s DUTIES- A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subtitle, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist’s duties related to employment, training, and placement services under this subtitle.’. CommentsClose CommentsPermalink

SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM.

Section 136 (29 U.S.C. 2871) is amended-- CommentsClose CommentsPermalink





(1) in subsection (b)-- CommentsClose CommentsPermalink





(A) by amending paragraphs (1) and (2) to read as follows: CommentsClose CommentsPermalink





‘(1) IN GENERAL- For each State, the State performance measures shall consist of-- CommentsClose CommentsPermalink





‘(A)(i) the core indicators of performance described in paragraph (2)(A); and CommentsClose CommentsPermalink





‘(ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and CommentsClose CommentsPermalink





‘(B) a State adjusted level of performance for each indicator described in subparagraph (A). CommentsClose CommentsPermalink





‘(2) INDICATORS OF PERFORMANCE- CommentsClose CommentsPermalink





‘(A) CORE INDICATORS OF PERFORMANCE- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The core indicators of performance for the program of employment and training activities authorized under section 134s 132(a)(2), 134, and 175, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of--‘(I) the percentage and number of program participants the following indicators of performance, each disaggregated by the populations identified in the State and local plans: CommentsClose CommentsPermalink





‘(I) the percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program; CommentsClose CommentsPermalink





‘(II) the percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program; CommentsClose CommentsPermalink





‘(III) the median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program; CommentsClose CommentsPermalink





‘(IV) the percentage and number of program participants who obtain a recognized postsecondary credential, including a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from program; CommentsClose CommentsPermalink





‘(V) the percentage and number of program participants who, during a program year-- CommentsClose CommentsPermalink

‘(aa) are in an education or training program that leads to a recognized postsecondary credential, including a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and CommentsClose CommentsPermalink

‘(bb) are achieving measurable basic skill gains toward such a credential or employment; and Comments