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H.R. 803 (113th): Workforce Innovation and Opportunity Act

The text of the bill below is as of Mar 15, 2013 (Passed the House).


I

113th CONGRESS

1st Session

H. R. 803

IN THE HOUSE OF REPRESENTATIVES

AN ACT

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

1.

Short title

This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act .

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Effective date.

Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998

Subtitle A—Workforce Investment Definitions

Sec. 101. Definitions.

Subtitle B—Statewide and Local Workforce Investment Systems

Sec. 102. Purpose.

Sec. 103. State workforce investment boards.

Sec. 104. State plan.

Sec. 105. Local workforce investment areas.

Sec. 106. Local workforce investment boards.

Sec. 107. Local plan.

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

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

Sec. 110. General authorization.

Sec. 111. State allotments.

Sec. 112. Within State allocations.

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

Sec. 114. Performance accountability system.

Sec. 115. Authorization of appropriations.

Subtitle C—Job Corps

Sec. 116. Job Corps purposes.

Sec. 117. Job Corps definitions.

Sec. 118. Individuals eligible for the Job Corps.

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

Sec. 120. Job Corps centers.

Sec. 121. Program activities.

Sec. 122. Counseling and job placement.

Sec. 123. Support.

Sec. 124. Operations.

Sec. 125. Community participation.

Sec. 126. Workforce councils.

Sec. 127. Technical assistance.

Sec. 128. Special provisions.

Sec. 129. Performance accountability management.

Subtitle D—National Programs

Sec. 130. Technical assistance.

Sec. 131. Evaluations.

Subtitle E—Administration

Sec. 132. Requirements and restrictions.

Sec. 133. Prompt allocation of funds.

Sec. 134. Fiscal controls; sanctions.

Sec. 135. Reports to Congress.

Sec. 136. Administrative provisions.

Sec. 137. State legislative authority.

Sec. 138. General program requirements.

Sec. 139. Federal agency staff and restrictions on political and lobbying activities.

Subtitle F—State unified plan

Sec. 140. State unified plan.

Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION

Sec. 201. Amendment.

Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT

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

Title IV—REPEALS AND CONFORMING AMENDMENTS

Sec. 401. Repeals.

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

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

Sec. 404. Amendments to section 412 of the Immigration and Nationality Act.

Sec. 405. Amendments relating to the Second Chance Act of 2007.

Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968.

Sec. 407. Conforming amendments to the United States Code.

Sec. 408. Conforming amendment to table of contents.

Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973

Sec. 501. Findings.

Sec. 502. Rehabilitation services administration.

Sec. 503. Definitions.

Sec. 504. State plan.

Sec. 505. Scope of services.

Sec. 506. Standards and indicators.

Sec. 507. Collaboration with industry.

Sec. 508. Reservation for expanded transition services.

Sec. 509. Client assistance program.

Sec. 510. Title III amendments.

Sec. 511. Repeal of title VI.

Sec. 512. Chairperson.

Sec. 513. Authorizations of appropriations.

Sec. 514. Conforming amendments.

Title VI—Studies by the Comptroller General

Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds.

Sec. 602. Study by the Comptroller General on administrative cost savings.

3.

References

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (29 U.S.C. 9201 et seq.).

4.

Effective date

Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years.

I

AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998

A

Workforce Investment Definitions

101.

Definitions

Section 101 (29 U.S.C. 2801) is amended—

(1)

by striking paragraphs (13) and (24);

(2)

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

(3)

by striking paragraphs (52) and (53);

(4)

by inserting after In this title: the following new paragraphs:

(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.

(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.

;

(5)

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

(6)

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

(5)

Area career and technical education school

The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)).

;

(7)

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

(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;

(9)

in paragraph (11) (as so redesignated)—

(A)

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

(B)

in subparagraph (B)(iii)

(i)

by striking 134(d)(4) and inserting 134(c)(4) ; and

(ii)

by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ;

(C)

in subparagraph (C), by striking or after the semicolon;

(D)

in subparagraph (D), by striking the period and inserting ; or; and

(E)

by adding at the end the following:

(E)
(i)

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

(ii)

is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B).

;

(10)

in paragraph (12)(A) (as redesignated)—

(A)

by striking and after the semicolon and inserting or;

(B)

by striking (A) and inserting (A)(i); and

(C)

by adding at the end the following:

(ii)

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

;

(11)

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

(12)

in paragraph (14) (as so redesignated)—

(A)

in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ;

(B)

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

(B)

work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or

;

(C)

by striking subparagraph (C); and

(D)

by redesignating subparagraph (D) as subparagraph (C).

(13)

in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual;

(14)

in paragraph (25)

(A)

in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period;;

(B)

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

(C)

by inserting after subparagraph (C) the following:

(D)

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

;

(15)

in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia,;

(16)

by amending paragraph (33) to read as follows:

(33)

Out-of-school youth

The term out-of-school youth means—

(A)

an at-risk youth who is a school dropout; or

(B)

an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed.

.

(17)

in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ;

(18)

by amending paragraph (49) to read as follows:

(49)

Veteran

The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code.

;

(19)

by amending paragraph (50) to read as follows:

(50)

Career and technical education

The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).

;

(20)

in paragraph (51) by striking , and a youth activity; and

(21)

by adding at the end the following:

(52)

At-risk youth

Except as provided in subtitle C, the term at-risk youth means an individual who—

(A)

is not less than age 16 and not more than age 24;

(B)

is a low-income individual; and

(C)

is an individual who is one or more of the following:

(i)

a secondary school dropout;

(ii)

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

(iii)

a youth offender;

(iv)

a youth who is an individual with a disability; or

(v)

a migrant youth.

(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.

(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.

(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 credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree.

(56)

Pay-for-performance contract strategy

The term pay-for-performance contract strategy means a strategy in which a pay-for-performance contract to provide a program of employment and training activities incorporates—

(A)

the core indicators of performance described in subclauses (I) through (IV) of section 136(b)(2)(A)(i);

(B)

a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider which may be used to expand the capacity of such provider;

(C)

the ability for an eligible provider to recoup the costs of training a program participant who has not met such core indicators of performance, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and

(D)

the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d).

.

B

Statewide and Local Workforce Investment Systems

102.

Purpose

Section 106 (29 U.S.C. 2811) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds..

103.

State workforce investment boards

Section 111 (29 U.S.C. 2821) is amended—

(1)

in subsection (b)

(A)

in paragraph (1)

(i)

by striking subparagraph (B);

(ii)

by redesignating subparagraph (C) as subparagraph (B); and

(iii)

in subparagraph (B) (as so redesignated)—

(I)

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

(II)

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

(II)

represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and

;

(III)

by striking clause (iii) and inserting the following:

(iii)

a State agency official responsible for economic development; and

;

(IV)

by striking clauses (iv) through (vi);

(V)

by amending clause (vii) to read as follows:

(vii)

such other representatives and State agency officials as the Governor may designate, including—

(I)

members of the State legislature;

(II)

representatives of individuals and organizations that have experience with respect to youth activities;

(III)

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

(IV)

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

(V)

representatives of veterans service organizations.

; and

(VI)

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

(B)

by amending paragraph (3) to read as follows:

(3)

Majority

A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i).

;

(2)

in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i);

(3)

by amending subsection (d) to read as follows:

(d)

Functions

The State board shall assist the Governor of the State as follows:

(1)

State plan

Consistent with section 112, develop a State plan.

(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 in accordance with section 501(e).

(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 entity or related entity in developing such system.

(4)

Employer engagement

Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.

(5)

Designation of local areas

Designate local areas as required under section 116.

(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.

(7)

Program oversight

Conduct the following program oversight:

(A)

Reviewing and approving local plans under section 118.

(B)

Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134.

(C)

Preparing an annual report to the Secretary described in section 136(d).

(8)

Development of performance measures

Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b).

;

(4)

by striking subsection (e) and redesignating subsection (f) as subsection (e);

(5)

in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote;

(6)

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

(f)

Staff

The State board may employ staff to assist in carrying out the functions described in subsection (d).

; and

(7)

in subsection (g), by inserting electronic means and after on a regular basis through.

104.

State plan

Section 112 (29 U.S.C. 2822)

(1)

in subsection (a)

(A)

by striking 127 or; and

(B)

by striking 5-year strategy and inserting 3-year strategy;

(2)

in subsection (b)

(A)

by amending paragraph (4) to read as follows:

(4)

information describing—

(A)

the economic conditions in the State;

(B)

the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy;

(C)

the knowledge and skills of the workforce in the State; and

(D)

workforce development activities (including education and training) in the State;

;

(B)

by amending paragraph (7) to read as follows:

(7)

a description of the State criteria for determining the eligibility of training 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;

;

(C)

by amending paragraph (8) to read as follows:

(8)
(A)

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

(B)

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

(i)

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

(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;

;

(D)

in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations,;

(E)

in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ;

(F)

by striking paragraph (12);

(G)

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

(H)

in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e);

(I)

in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e);

(J)

in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4);

(K)

in paragraph (16) (as so redesignated)—

(i)

in subparagraph (A)

(I)

in clause (ii), by striking to dislocated workers;

(II)

in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ;

(III)

by striking and at the end of clause (iii);

(IV)

by amending clause (iv) to read as follows:

(iv)

how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), long-term unemployed individuals (including individuals who have exhausted entitlement to 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

(V)

by adding at the end the following new clause:

(v)

how the State will—

(I)

consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and

(II)

consistent with sections 504 and 508 of the Rehabilitation Act of 1973, 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

(ii)

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

(L)

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

(17)

a description of the strategies and services that will be used in the State—

(A)

to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy;

(B)

to meet the needs of employers in the State; and

(C)

to better coordinate workforce development programs with economic development activities;

(18)

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

(A)

to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;

(B)

to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and

(C)

to address critical skill gaps within and across industries;

(19)

a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State;

(20)

a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate;

(21)

a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with 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;

(22)

a description of the process and methodology for determining—

(A)

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

(B)

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

(23)

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

(A)

training and internships in in-demand industries or occupations important to the State and local economy;

(B)

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

(C)

activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and

(24)

a description of—

(A)

how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans;

(B)

the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and

(C)

the veteran population to be served in the State.

;

(3)

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

(4)

in subsection (d), by striking 5-year and inserting 3-year.

105.

Local workforce investment areas

Section 116 (29 U.S.C. 2831) is amended—

(1)

in subsection (a)

(A)

by amending paragraph (1) to read as follows:

(1)

In general

(A)

Process

In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall—

(i)

support the statewide workforce investment system developed under section 111(d)(2) that will meet the workforce needs of the State and its local areas;

(ii)

include prior consultation with chief elected officials;

(iii)

consider comments received through the public comment process as described in section 112(b)(9); and

(iv)

require the submission of an approved application under subparagraph (B).

(B)

Application

To be designated as a local area under this paragraph, a local or regional board (or consortiums of local or regional boards) shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including—

(i)

a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers;

(ii)

a description of how the local area is consistent or aligned with—

(I)

service delivery areas;

(II)

labor market areas; and

(III)

economic development regions;

(iii)

a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area available to meet the needs of the local workforce;

(iv)

a description of the distance that individuals will need to travel to receive services provided in such local area; and

(v)

any other criteria that the State board may require.

(C)

Priority

In designating local areas under this paragraph, a State board shall give priority consideration to applicants demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions.

(D)

Alignment with local plan

A State may designate an applicant as a local area under this paragraph for a period not to exceed 3 years.

.

(B)

by amending paragraph (2) to read as follows:

(2)

Technical assistance

The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1).

;

(C)

by striking paragraph (3);

(D)

by striking paragraph (4);

(E)

by redesignating paragraph (5) as paragraph (3); and

(F)

in paragraph (3) (as so redesignated), by striking (2) or (3) both places it appears and inserting (1);

(2)

by amending subsection (b) to read as follows:

(b)

Single states

Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title.

; and

(3)

in subsection (c)

(A)

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

(B)

in paragraph (2), by striking employment statistics and inserting workforce and labor market information.

106.

Local workforce investment boards

Section 117 (29 U.S.C. 2832) is amended—

(1)

in subsection (b)

(A)

in paragraph (2)

(i)

in subparagraph (A)

(I)

by striking include— and all that follows through representatives and inserting include representatives;

(II)

by striking clauses (ii) through (vi);

(III)

by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left);

(IV)

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

(ii)

represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and

; and

(V)

by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and; and

(ii)

by amending subparagraph (B) to read as follows:

(B)

may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including—

(i)

a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities;

(ii)

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

(iii)

representatives of veterans service organizations.

;

(B)

in paragraph (4)

(i)

by striking A majority and inserting A 2/3 majority; and

(ii)

by striking (2)(A)(i) and inserting (2)(A); and

(C)

in paragraph (5) by striking (2)(A)(i) and inserting (2)(A);

(2)

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

(3)

by amending subsection (d) to read as follows:

(d)

Functions of local board

The functions of the local board shall include the following:

(1)

Local plan

Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor.

(2)

Workforce research and regional labor market analysis

(A)

In general

The local board shall—

(i)

conduct, and regularly update, an analysis of—

(I)

the economic conditions in the local area;

(II)

the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy;

(III)

the knowledge and skills of the workforce in the local area; and

(IV)

workforce development activities (including education and training) in the local area; and

(ii)

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

(B)

Existing analysis

A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i).

(3)

Employer engagement

The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.

(4)

Budget and administration

(A)

Budget

(i)

In general

The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection.

(ii)

Training reservation

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

(B)

Administration

(i)

Grant recipient

(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.

(II)

Designation

In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I).

(III)

Disbursal

The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board.

(ii)

Staff

The local board may employ staff to assist in carrying out the functions described in this subsection.

(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.

(5)

Selection of operators and providers

(A)

Selection of one-stop operators

Consistent with section 121(d), the local board, with the agreement of the chief elected official—

(i)

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

(ii)

may terminate for cause the eligibility of such operators.

(B)

Identification of eligible training service providers

Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of each such eligible provider using the criteria under section 122(b)(2), and designate eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the following program year.

(C)

Identification of eligible providers of work ready services

If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts.

(6)

Program oversight

The local board, in partnership with the chief elected official, shall be responsible for—

(A)

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

(B)

conducting oversight of the one-stop delivery system in the local area authorized under section 121.

(7)

Negotiation of local performance measures

The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c).

(8)

Technology improvements

The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.

;

(4)

in subsection (e)

(A)

by inserting electronic means and after regular basis through; and

(B)

by striking and the award of grants or contracts to eligible providers of youth activities,;

(5)

in subsection (f)

(A)

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

(B)

by striking paragraph (2) and inserting the following:

(2)

Work ready services, designation, or certification as one-stop operators

A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor.

;

(6)

in subsection (g)(1), by inserting or participate in any action taken after vote; and

(7)

by striking subsections (h) and (i).

107.

Local plan

Section 118 (29 U.S.C. 2833) is amended—

(1)

in subsection (a), by striking 5-year and inserting 3-year;

(2)

by amending subsection (b) to read as follows:

(b)

Contents

The local plan shall include—

(1)

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

(2)

a description of the one-stop delivery system in the local area, including—

(A)

a description of how the local board will ensure—

(i)

the continuous improvement of eligible providers of services through the system; and

(ii)

that such providers meet the employment needs of local businesses and participants; and

(B)

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

(3)

a description of the strategies and services that will be used in the local area—

(A)

to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy;

(B)

to meet the needs of employers in the local area;

(C)

to better coordinate workforce development programs with economic development activities; and

(D)

to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate;

(4)

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

(A)

to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;

(B)

to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and

(C)

to address critical skill gaps within and across industries;

(5)

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

(6)

a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate;

(7)

a description of how the local area will—

(A)

coordinate activities with the local area’s disability community 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;

(B)

consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration; and

(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;

(8)

a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be—

(A)

used to measure the performance of the local area; and

(B)

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

(9)

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

(10)

a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as 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;

(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;

(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—

(A)

training and internships in in-demand industries or occupations important to the local economy;

(B)

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

(C)

activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment;

(13)

a description of—

(A)

how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans;

(B)

the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and

(C)

the veteran population to be served in the local area;

(14)

a description of—

(A)

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

(B)

the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121;

(C)

the date on which the veteran employment specialist was assigned; and

(D)

whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and

(15)

such other information as the Governor may require.

;

(3)

in subsection (c)(1), by striking such means and inserting electronic means such; and

(4)

in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations,.

108.

Establishment of one-stop delivery system

Section 121 (29 U.S.C. 2841) is amended—

(1)

in subsection (b)

(A)

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

(A)

Roles and responsibilities of one-stop partners

Each entity that carries out a program or activities described in subparagraph (B) shall—

(i)

provide access through the one-stop delivery system to the program 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 one-stop centers (in addition to any other appropriate locations);

(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);

(iii)

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

(iv)

participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity.

;

(B)

in paragraph (1)(B)

(i)

by striking clauses (ii), (v), and (vi);

(ii)

by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively;

(iii)

by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively;

(iv)

in clause (viii), as so redesignated, by striking and at the end;

(v)

in clause (ix), as so redesignated, by striking the period and inserting ; and; and

(vi)

by adding at the end the following:

(x)

subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ).

;

(C)

by inserting after paragraph (1)(B) the following:

(C)

Determination by the governor

Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities.

; and

(D)

in paragraph (2)

(i)

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

(ii)

in subparagraph (B)

(I)

by striking clauses (i), (ii), and (v);

(II)

in clause (iv), by striking and at the end;

(III)

by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and

(IV)

by adding at the end the following:

(iii)

employment and training programs administered by the Commissioner of the Social Security Administration;

(iv)

employment and training programs carried out by the Administrator of the Small Business Administration;

(v)

employment, training, and literacy services carried out by public libraries; and

(vi)

other appropriate Federal, State, or local programs, including programs in the private sector.

;

(2)

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

(A)

provisions describing—

(i)

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

(ii)

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

(iii)

methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and

(iv)

the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and

;

(3)

in subsection (d)

(A)

in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ;

(B)

in paragraph (2)

(i)

by striking section 134(c) and inserting subsection (e);

(ii)

by amending subparagraph (A) to read as follows:

(A)

shall be designated or certified as a one-stop operator through a competitive process; and

; and

(iii)

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

(C)

in paragraph (3), by striking vocational and inserting career and technical;

(4)

by amending subsection (e) to read as follows:

(e)

Establishment of one-Stop delivery system

(1)

In general

There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall—

(A)

provide the work ready services described in section 134(c)(2);

(B)

provide access to training services as described in 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)(F) of such section;

(C)

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

(D)

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

(E)

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

(2)

One-stop delivery

At a minimum, the one-stop delivery system—

(A)

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

(B)

may also make programs, services, and activities described in paragraph (1) available—

(i)

through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and

(ii)

through a network of eligible one-stop partners—

(I)

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

(II)

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

(3)

Specialized centers

The centers and sites described in paragraph (2) may have a specialization in addressing special needs.

; and

(5)

by adding at the end the following:

(g)

Certification of one-Stop centers

(1)

In general

(A)

In general

The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h).

(B)

Criteria

The criteria for certification under this subsection shall include—

(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;

(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

(iii)

meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants.

(C)

Effect of certification

One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h).

(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.

(h)

One-Stop infrastructure funding

(1)

Partner contributions

(A)

Provision of funds

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

(B)

Determination of governor

(i)

In general

Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers 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).

(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.

(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.

(C)

Limitations

(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.

(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.

(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).

(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.

(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 assistive technology for individuals with disabilities).

(i)

Other funds

(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—

(A)

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

(B)

common costs that are in addition to the costs of infrastructure; and

(C)

the costs of the provision of work ready services applicable to each program.

(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.

.

109.

Identification of eligible providers of training services

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

122.

Identification of eligible providers of training services

(a)

Eligibility

(1)

In general

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

(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—

(A)

a postsecondary educational institution that—

(i)

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

(ii)

provides a program that leads to a recognized postsecondary credential;

(B)

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

(C)

another public or private provider of a program of training services.

(3)

Inclusion in list of eligible providers

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

(b)

Criteria

(1)

In general

The criteria established pursuant to subsection (a) shall take into account—

(A)

the performance of providers of training services with respect to the performance measures described in section 136 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;

(B)

whether the training programs of such providers relate to occupations that are in demand;

(C)

the need to ensure access to training services throughout the State, including in rural areas;

(D)

the ability of providers to offer programs that lead to a recognized postsecondary credential;

(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

(F)

such other factors as the Governor determines are appropriate.

(2)

Information

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

(A)

information on recognized postsecondary credentials received by such participants;

(B)

information on costs of attendance for such participants;

(C)

information on the program completion rate for such participants; and

(D)

information on the performance of the provider with respect to the performance measures described in section 136 for such participants.

(3)

Renewal

The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services.

(4)

Local criteria

A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required 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.

(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).

(c)

Procedures

The procedures established under subsection (a) shall—

(1)

identify—

(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

(B)

the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and

(2)

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

(d)

Information To assist participants in choosing providers

In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State.

(e)

Enforcement

(1)

In general

The criteria and procedures established under this section shall provide the following:

(A)

Intentionally supplying inaccurate information

Upon a determination, by an individual or entity specified in the 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.

(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 for a period of time that is not less than 10 years.

(C)

Repayment

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

(2)

Construction

Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties.

(f)

Agreements with other states

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.

(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.

(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.

(i)

On-the-Job training or customized training exception

(1)

In general

Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d).

(2)

Collection and dissemination of information

A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.

.

110.

General authorization

Chapter 5 of subtitle B of title I is amended—

(1)

by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and

(2)

in section 131 (29 U.S.C. 2861)

(A)

by striking paragraphs (1)(B) and (2)(B) of; and

(B)

by striking adults, and dislocated workers, and inserting individuals.

111.

State allotments

Section 132 (29 U.S.C. 2862) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

In general

The Secretary shall—

(1)

reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which—

(A)

50 percent shall be used to provide technical assistance under section 170; and

(B)

50 percent shall be used for evaluations under section 172;

(2)

reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities;

(3)

reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C;

(4)

reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to—

(A)

make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and

(B)

provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area; and

(5)

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

; and

(2)

by amending subsection (b) to read as follows:

(b)

Workforce investment fund

(1)

Reservation for outlying areas

(A)

In general

From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas.

(B)

Restriction

The Republic of Palau shall cease to be eligible to receive funding under this 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 SKILLS Act.

(2)

States

(A)

In general

After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities.

(B)

Formula

Subject to subparagraphs (C) and (D) , of the remainder—

(i)

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

(ii)

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

(iii)

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

(iv)

25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States.

(C)

Minimum and maximum percentages

(i)

Minimum percentage

The Secretary shall ensure that no State shall receive an allotment under this paragraph for—

(I)

each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and

(II)

fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.

(ii)

Maximum percentage

Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for—

(I)

each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and

(II)

fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

(D)

Small state minimum allotment

Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year.

(E)

Definitions

For the purpose of the formula specified in this paragraph:

(i)

Allotment percentage

The term allotment percentage

(I)

used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and

(II)

used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year.

(ii)

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—

(I)

the poverty line; or

(II)

70 percent of the lower living standard income level.

(iii)

Individual

The term individual means an individual who is age 16 or older.

.

112.

Within State allocations

Section 133 is amended—

(1)

by amending subsection (a) to read as follows:

(a)

Reservations for Statewide workforce investment activities

(1)

Statewide employment and training activities

The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a).

(2)

Statewide rapid response activities

Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4).

(3)

Statewide grants for individuals with barriers to employment

Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5).

(4)

State administrative cost limit

Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a).

;

(2)

by amending subsection (b) to read as follows:

(b)

Within state allocation

(1)

Methods

The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall—

(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

(B)

award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C).

(2)

Formula allocations for the workforce investment fund

(A)

Allocation

In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate—

(i)

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

(ii)

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

(iii)

25 percent on the basis described in section 132(b)(2)(B)(iii); and

(iv)

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

(B)

Minimum and maximum percentages

(i)

Minimum percentage

The State shall ensure that no local area shall receive an allocation under this paragraph for—

(I)

each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and

(II)

fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year.

(ii)

Maximum percentage

Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for—

(I)

each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and

(II)

fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year.

(C)

Definitions

For the purpose of the formula specified in this paragraph, the term allocation percentage

(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 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and

(ii)

used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year.

;

(3)

in subsection (c)

(A)

by amending paragraph (1) to read as follows:

(1)

In general

The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation.

;

(B)

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

(C)

by amending paragraph (3) to read as follows:

(3)

Reallocations

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

; and

(D)

in paragraph (4), by striking paragraph (2)(A) or (3) of; and

(4)

by adding at the end the following new subsection:

(d)

Local administrative cost limit

Of the 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.

.

113.

Use of funds for employment and training activities

Section 134 is amended—

(1)

by amending subsection (a) to read as follows:

(a)

Statewide Employment and Training Activities

(1)

In general

(A)

Distribution of statewide activities

Funds reserved by a Governor for a State as described in section 133(a)(1)

(i)

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

(ii)

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

(B)

Statewide rapid response activities

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).

(C)

Statewide grants for individuals with barriers to employment

Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5).

(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—

(A)

disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2);

(B)

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

(C)

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

(D)

conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172;

(E)

providing technical assistance to local areas that fail to meet local performance measures;

(F)

operating a fiscal and management accountability system under section 136(f); and

(G)

carrying out monitoring and oversight of activities carried out under this chapter.

(3)

Allowable statewide employment and training activities

A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include—

(A)

implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title;

(B)

providing incentive grants to local areas 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;

(C)

developing strategies for effectively integrating programs and services among one-stop partners;

(D)

carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology;

(E)

incorporating pay-for-performance contracting strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements;

(F)

carrying out the State option under subsection (f)(8); and

(G)

carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system.

(4)

Statewide rapid response activities

A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include—

(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

(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.

(5)

Statewide grants for individuals with barriers to employment

(A)

In general

Of the funds reserved as described in section 133(a)(3), the Governor of a State—

(i)

may reserve up to 5 percent to provide technical assistance 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 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.

(B)

Eligible entity defined

For purposes of this paragraph, the term eligible entity means an entity that—

(i)

is a—

(I)

local board or a consortium of local boards;

(II)

nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or

(III)

consortium of the entities described in subclauses (I) and (II);

(ii)

has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and

(iii)

agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor.

(C)

Grant period

(i)

In general

A grant under this paragraph shall be awarded for a period of 1 year.

(ii)

Grant renewal

A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph.

(D)

Eligible Participants

To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family.

(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.

(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—

(i)

a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan 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 participants under this paragraph;

(iii)

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

(iv)

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

(v)

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

(vi)

a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided 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;

(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 all individuals specified in section in 136(b)(2);

(ix)

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

(x)

any other criteria the Governor may require.

;

(2)

by amending subsection (b) to read as follows:

(b)

Local employment and training activities

Funds allocated to a local area under section 133(b)

(1)

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

(2)

may be used to carry out employment and training activities described in subsection (d).

;

(3)

by striking subsection (c);

(4)

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

(5)

in subsection (c) (as so redesignated)—

(A)

by amending paragraph (1) to read as follows:

(1)

In general

Funds allocated to a local area under section 133(b) shall be used—

(A)

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

(B)

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

(C)

to provide training services described in paragraph (4) in accordance with such paragraph.

;

(B)

in paragraph (2)

(i)

in the heading, by striking Core services and inserting Work ready services ;

(ii)

in the matter preceding subparagraph (A)

(I)

by striking (1)(A) and inserting (1)(B);

(II)

by striking core services and inserting work ready services; and

(III)

by striking who are adults or dislocated workers;

(iii)

by redesignating subparagraph (K) as subparagraph (V);

(iv)

by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively;

(v)

by inserting after subparagraph (A) the following:

(B)

assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information;

;

(vi)

by amending subparagraph (E), as so redesignated, to read as follows:

(E)

labor exchange services, including—

(i)

job search and placement assistance, and where appropriate, career counseling;

(ii)

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

(iii)

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

;

(vii)

in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market;

(viii)

in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123,;

(ix)

in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures;

(x)

in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation;

(xi)

by amending subparagraph (K), as so redesignated, to read as follows:

(K)

assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area;

; and

(xii)

by inserting the following new subparagraphs after subparagraph (K), as so redesignated:

(L)

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

(M)

comprehensive and specialized assessments of the skill levels and service needs of workers, which may include—

(i)

diagnostic testing and use of other assessment tools; and

(ii)

in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;

(N)

development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant;

(O)

group counseling;

(P)

individual counseling and career planning;

(Q)

case management;

(R)

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

(S)

internships and work experience;

(T)

literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if 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.);

(U)

out-of-area job search assistance and relocation assistance; and

; and

(C)

by amending paragraph (3) to read as follows:

(3)

Delivery of services

The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.

;

(D)

in paragraph (4)

(i)

by amending subparagraph (A) to read as follows:

(A)

In general

Funds described in paragraph (1)(C) shall be used to provide training services to individuals who—

(i)

after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to—

(I)

be in need of training services to obtain or retain employment; and

(II)

have the skills and qualifications to successfully participate in the selected program of training services;

(ii)

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

(iii)

who meet the requirements of subparagraph (B).

; and

(ii)

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

(iii)

by amending subparagraph (D) to read as follows:

(D)

Training services

Training services authorized under this paragraph may include—

(i)

occupational skills training;

(ii)

on-the-job training;

(iii)

skill upgrading and retraining;

(iv)

entrepreneurial training;

(v)

education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training;

(vi)

adult education and literacy activities provided in conjunction with other training authorized under this subparagraph;

(vii)

workplace training combined with related instruction;

(viii)

occupational skills training that incorporates English language acquisition;

(ix)

customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and

(x)

training programs operated by the private sector.

;

(iv)

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

(v)

in subparagraph (E) (as so redesignated)—

(I)

in clause (ii)

(aa)

in the matter preceding subclause (I), by striking subsection (c) and inserting section 121;

(bb)

in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and

(cc)

in subclause (II), by striking subsections (e) and (h) and inserting subsection (i); and

(II)

by striking clause (iii) and inserting the following:

(iii)

Career enhancement accounts

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

(iv)

Coordination

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

(v)

Assistance

Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services.

; and

(vi)

in subparagraph (F) (as so redesignated)—

(I)

in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ;

(II)

in clause (i) by striking individual training accounts and inserting career enhancement accounts;

(III)

in clause (ii)

(aa)

by striking an individual training account and inserting a career enhancement account;

(bb)

by striking subparagraph (F) and inserting subparagraph (E) ;

(cc)

in subclause (II), by striking individual training accounts and inserting career enhancement accounts;

(dd)

in subclause (II) by striking or after the semicolon;

(ee)

in subclause (III) by striking the period and inserting ; or; and

(ff)

by adding at the end the following:

(IV)

the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, such contract may be used to enable the expansion of programs provided by a priority eligible provider, and such contract does not limit customer choice.

;

(IV)

in clause (iii), by striking adult or dislocated worker and inserting individual; and

(V)

in clause (iv)

(aa)

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

(IV)

Individuals with disabilities.

;

(6)

in subsection (d) (as so redesignated)—

(A)

by amending paragraph (1) to read as follows:

(1)

Discretionary one-stop delivery activities

(A)

In general

Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system—

(i)

customized screening and referral of qualified participants in training services to employers;

(ii)

customized employment-related services to employers on a fee-for-service basis;

(iii)

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

(iv)

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

(v)

incorporating pay-for-performance contract strategies as an element in funding activities under this section;

(vi)

activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and

(vii)

activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118.

.

(B)

by striking paragraphs (2) and (3); and

(C)

by adding at the end the following:

(2)

Incumbent worker training programs

(A)

In general

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

(B)

Training activities

The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs.

(C)

Employer match required

(i)

In general

Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions.

(ii)

Calculation of match

The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer.

; and

(7)

by adding at the end the following:

(e)

Priority for Placement in Private Sector Jobs

In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector.

(f)

Veteran employment specialist

(1)

In general

Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board.

(2)

Principal duties

A veteran employment specialist in a local area shall—

(A)

conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including—

(i)

conducting seminars for employers; and

(ii)

in conjunction with employers, conducting job search workshops, and establishing job search groups; and

(B)

facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area.

(3)

Hiring preference for veterans and individuals with expertise in serving veterans

Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order:

(A)

To service-connected disabled veterans.

(B)

If no veteran described in subparagraph (A) is available, to veterans.

(C)

If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service.

(D)

If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service.

(E)

If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans.

(4)

Administration and reporting

(A)

In general

Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the—

(i)

principal duties and special services for veterans described in paragraph (2); and

(ii)

hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans.

(B)

Report to Secretary

Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated.

(C)

Report to Congress

The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas.

(5)

Part-time employees

A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis.

(6)

Training requirements

Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned.

(7)

Specialist’s duties

A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection.

(8)

State option

At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board.

.

114.

Performance accountability system

Section 136 (29 U.S.C. 2871) is amended—

(1)

in subsection (b)

(A)

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

(1)

In general

For each State, the State performance measures shall consist of—

(A)
(i)

the core indicators of performance described in paragraph (2)(A); and

(ii)

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

(B)

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

(2)

Indicators of performance

(A)

Core indicators of performance

(i)

In general

The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and 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 the following indicators of performance, each disaggregated by the populations identified in the State and local plans:

(I)

The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program.

(II)

The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program.

(III)

The 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.

(IV)

The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program.

(V)

The percentage and number of program participants who, during a program year—

(aa)

are in an education or training program that leads to a recognized postsecondary credential, 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

(bb)

are achieving measurable basic skill gains toward such a credential or employment.

(VI)

The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received.

(ii)

Indicator relating to credential

For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential.

(B)

Additional indicators

A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle.

; and

(B)

in paragraph (3)

(i)

in subparagraph (A)

(I)

in the heading, by striking and customer satisfaction indicator ;

(II)

in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ;

(III)

in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3;

(IV)

in clause (iii)

(aa)

in the heading, by striking for first 3 years ; and

(bb)

by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years;

(V)

in clause (iv)

(aa)

by striking or (v);

(bb)

by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and

(cc)

in subclause (I) (as so redesignated)—

(AA)

by striking taking into account and inserting which shall be adjusted based on;

(BB)

by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions; and

(CC)

by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program;

(VI)

by striking clause (v) and redesignating clause (vi) as clause (v); and

(VII)

in clause (v) (as so redesignated),

(aa)

by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and

(bb)

by striking or (v); and

(ii)

in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ;

(2)

in subsection (c)

(A)

by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and;

(B)

in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) and inserting (b)(2)(B) ; and

(C)

by amending paragraph (3) to read as follows:

(3)

Determinations

In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area.

;

(3)

in subsection (d)

(A)

in paragraph (1)

(i)

by striking 127 or;

(ii)

by striking and the customer satisfaction indicator each place it appears; and

(iii)

in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs;

(B)

in paragraph (2)

(i)

by striking subparagraphs (A), (B), and (D);

(ii)

by redesignating subparagraph (C) as subparagraph (A);

(iii)

by redesignating subparagraph (E) as subparagraph (B);

(iv)

in subparagraph (B), as so redesignated—

(I)

by striking (excluding participants who received only self-service and informational activities); and

(II)

by striking and at the end;

(v)

by striking subparagraph (F);

(vi)

by adding at the end the following:

(C)

with respect to each local area in the State—

(i)

the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service;

(ii)

the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and

(iii)

the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and

(D)

the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans.

;

(C)

in paragraph (3)(A), by striking through publication and inserting through electronic means; and

(D)

by adding at the end the following:

(4)

Data validation

In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable.

(5)

State and local policies

(A)

State policies

Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means.

(B)

Local policies

Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means.

;

(4)

in subsection (g)

(A)

in paragraph (1)(A), by striking or (B);

(B)

in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce; and

(C)

by striking paragraph (2) and inserting the following:

(2)

Funds resulting from reduced allotments

The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B).

;

(5)

in subsection (h)(1), by striking or (B);

(6)

in subsection (h)(2)

(A)

in subparagraph (A), by amending the matter preceding clause (i) to read as follows:

(A)

In general

If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall—

;

(B)

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

(C)

by inserting after subparagraph (A), the following:

(B)

Reduction in the amount of grant

If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance.

;

(D)

in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions; and

(E)

in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ;

(7)

in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ;

(8)

in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ;

(9)

in subsection (i)(2), by striking the activities described in section 502 concerning;

(10)

in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection; and

(11)

by adding at the end the following new subsections:

(j)

Use of core indicators for other programs

In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary.

(k)

Establishing pay-for-Performance incentives

(1)

In general

At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards.

(2)

Implementation

A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy.

(3)

Evaluations

A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State.

.

115.

Authorization of appropriations

Section 137 (29 U.S.C. 2872) is amended to read as follows:

137.

Authorization of appropriations

There are authorized to be appropriated to carry out the activities described in section 132 , $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.

.

C

Job Corps

116.

Job Corps purposes

Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows:

(1)

to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement;

.

117.

Job Corps definitions

Section 142 (29 U.S.C. 2882) is amended—

(1)

in paragraph (2)

(A)

in the paragraph heading, by striking Applicable one-stop and inserting One-stop ;

(B)

by striking applicable;

(C)

by striking customer service; and

(D)

by striking intake and inserting assessment;

(2)

in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate.; and

(3)

in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) )) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency..

118.

Individuals eligible for the Job Corps

Section 144 (29 U.S.C. 2884) is amended—

(1)

by amending paragraph (1) to read as follows:

(1)

not less than age 16 and not more than age 24 on the date of enrollment;

;

(2)

in paragraph (3)(B), by inserting secondary before school; and

(3)

in paragraph (3)(E), by striking vocational and inserting career and technical education and.

119.

Recruitment, screening, selection, and assignment of enrollees

Section 145 (29 U.S.C. 2885) is amended—

(1)

in subsection (a)

(A)

in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training; and

(B)

in paragraph (3)

(i)

by striking To the extent practicable, the and inserting The;

(ii)

in subparagraph (A)

(I)

by striking applicable; and

(II)

by inserting and after the semicolon;

(iii)

by striking subparagraphs (B) and (C); and

(iv)

by adding at the end the following:

(B)

organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment.

;

(2)

in subsection (b)

(A)

in paragraph (1)

(i)

in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules; and

(ii)

by amending subparagraph (C) to read as follows:

(C)

the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include—

(i)

a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided;

(ii)

a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided;

(iii)

a search of the National Crime Information Center;

(iv)

a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and

(v)

a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).

; and

(B)

by adding at the end the following new paragraph:

(3)

Individuals convicted of a crime

An individual shall be ineligible for enrollment if the individual—

(A)

makes a false statement in connection with the criminal background check described in paragraph (1)(C);

(B)

is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); or

(C)

has been convicted of a felony consisting of—

(i)

homicide;

(ii)

child abuse or neglect;

(iii)

a crime against children, including child pornography;

(iv)

a crime involving rape or sexual assault; or

(v)

physical assault, battery, or a drug-related offense, committed within the past 5 years.

;

(3)

in subsection (c)

(A)

in paragraph (1)

(i)

by striking 2 years and inserting year; and

(ii)

by striking an assignment and inserting a; and

(B)

in paragraph (2)

(i)

in the matter preceding subparagraph (A), by striking , every 2 years,;

(ii)

in subparagraph (B), by striking and at the end; and

(iii)

in subparagraph (C)

(I)

by inserting the education and training after including; and

(II)

by striking the period at the end and inserting ; and; and

(iv)

by adding at the end the following:

(D)

the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f).

; and

(4)

in subsection (d)

(A)

in paragraph (1)

(i)

in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The;

(ii)

by striking subparagraph (A); and

(iii)

by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(B)

in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee .

120.

Job Corps centers

Section 147 (29 U.S.C. 2887) is amended—

(1)

in subsection (a)

(A)

in paragraph (1)(A), by striking vocational both places it appears and inserting career and technical; and

(B)

in paragraph (2)

(i)

in subparagraph (A)

(I)

by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and

(II)

by striking industry council and inserting workforce council;

(ii)

in subparagraph (B)(i)

(I)

by amending subclause (II) to read as follows:

(II)

the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c);

;

(II)

in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end;

(III)

by amending subclause (IV) to read as follows:

(IV)

the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and

; and

(IV)

by adding at the end the following new subclause:

(V)

the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training.

; and

(iii)

in subparagraph (B)(ii), by striking , as appropriate;

(2)

in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps.;

(3)

by amending subsection (c) to read as follows:

(c)

Civilian conservation centers

(1)

In general

The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest.

(2)

Selection process

The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a).

; and

(4)

by striking subsection (d) and inserting the following:

(d)

Application

To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—

(1)

a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries;

(2)

a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program;

(3)

a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle;

(4)

a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system;

(5)

a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a);

(6)

a description of the strategies and policies the entity will utilize to reduce participant costs;

(7)

a description of the steps taken to control costs in accordance with section 159(a)(3);

(8)

a detailed budget of the activities that will be supported using funds under this subtitle;

(9)

a detailed budget of the activities that will be supported using funds from non-Federal resources;

(10)

an assurance the entity will comply with the administrative cost limitation included in section 151(c);

(11)

an assurance the entity is licensed to operate in the State in which the center is located; and

(12)

an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b).

(e)

Length of agreement

The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f).

(f)

Renewal

(1)

In general

Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1).

(2)

Recompetition

(A)

In general

Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year.

(B)

Violations

The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves—

(i)

a threat to the health, safety, or civil rights of program participants or staff;

(ii)

the misuse of funds received under this subtitle;

(iii)

loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds;

(iv)

failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or

(v)

an unresolved area of noncompliance.

(g)

Current grantees

Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section.

.

121.

Program activities

Section 148 (29 U.S.C. 2888) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

Activities provided through job corps centers

(1)

In General

Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2).

(2)

Relationship to opportunities

(A)

In general

The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment—

(i)

secure and maintain meaningful unsubsidized employment;

(ii)

complete secondary education and obtain a regular secondary school diploma;

(iii)

enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or

(iv)

satisfy Armed Forces requirements.

(B)

Link to employment opportunities

The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located.

; and

(2)

in subsection (b)

(A)

in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ;

(B)

by striking may after The Secretary and inserting shall; and

(C)

by striking vocational each place it appears and inserting career and technical; and

(3)

by amending paragraph (3) of subsection (c) to read as follows:

(3)

Demonstration

Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that—

(A)

participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and

(B)

such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year.

.

122.

Counseling and job placement

Section 149 (29 U.S.C. 2889) is amended—

(1)

in subsection (a), by striking vocational and inserting career and technical education and;

(2)

in subsection (b), by striking make every effort to arrange to; and

(3)

by striking subsection (d).

123.

Support

Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows:

(b)

Transition allowances and support for graduates

The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential.

.

124.

Operations

Section 151 (29 U.S.C. 2891) is amended—

(1)

in the header, by striking Operating plan. and inserting Operations.;

(2)

in subsection (a), by striking In General. and inserting Operating Plan.;

(3)

by striking subsection (b) and redesignating subsection (c) as subsection (b);

(4)

by amending subsection (b) (as so redesignated)—

(A)

in the heading by inserting of Operating Plan after Availability ; and

(B)

by striking subsections (a) and (b) and inserting subsection (a) ; and

(5)

by adding at the end the following new subsection:

(c)

Administrative costs

Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle.

.

125.

Community participation

Section 153 (29 U.S.C. 2893) is amended to read as follows:

153.

Community participation

The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest.

.

126.

Workforce councils

Section 154 (29 U.S.C. 2894) is amended to read as follows:

154.

Workforce councils

(a)

In general

Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located.

(b)

Workforce council composition

(1)

In General

A workforce council shall be comprised of—

(A)

business members of the State board described in section 111(b)(1)(B)(i);

(B)

business members of the local boards described in section 117(b)(2)(A) located in the State;

(C)

a representative of the State board described in section 111(f); and

(D)

such other representatives and State agency officials as the Governor may designate.

(2)

Majority

A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A).

(c)

Responsibilities

The responsibilities of the workforce council shall be—

(1)

to review all the relevant labor market information, including related information in the State plan described in section 112, to—

(A)

determine the in-demand industries in the State in which enrollees intend to seek employment after graduation;

(B)

determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and

(C)

determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and

(2)

to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center.

.

127.

Technical assistance

Section 156 ( 29 U.S.C. 2896 ) is amended to read as follows:

156.

Technical assistance to centers

(a)

In general

From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality.

(b)

Activities

In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall—

(1)

assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d);

(2)

assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle;

(3)

assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and

(4)

assist Job Corps centers and programs in the development of sound management practices, including financial management procedures.

.

128.

Special provisions

Section 158(c)(1) ( 29 U.S.C. 2989(c)(1) ) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and inserting chapter of 5 title 40, United States Code,.

129.

Performance accountability management

Section 159 (29 U.S.C. 2899) is amended—

(1)

in the section heading, by striking Management Information and inserting Performance Accountability and Management ;

(2)

in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall;

(3)

by striking subsections (c) through (g); and

(4)

by inserting after subsection (b) the following:

(c)

Indicators of Performance

(1)

Primary indicators

The annual primary indicators of performance for Job Corps centers shall include—

(A)

the percentage and number of enrollees who graduate from the Job Corps center;

(B)

the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service;

(C)

the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and

(D)

the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center.

(2)

Secondary indicators

The annual secondary indicators of performance for Job Corps centers shall include—

(A)

the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center;

(B)

the percentage and number of graduates who entered into postsecondary education;

(C)

the percentage and number of graduates who entered into the military;

(D)

the average wage of graduates who are in unsubsidized employment—

(i)

on the first day of employment; and

(ii)

6 months after the first day;

(E)

the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment—

(i)

6 months after the first day of employment; and

(ii)

12 months after the first day of employment;

(F)

the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1);

(G)

the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and

(H)

the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b).

(3)

Indicators of performance for recruiters

The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).

(4)

Indicators of performance of career transition service providers

The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2).

(d)

Additional information

The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding—

(1)

the number and percentage of former enrollees who obtained a regular secondary school diploma;

(2)

the number and percentage of former enrollees who entered unsubsidized employment;

(3)

the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential;

(4)

the number and percentage of former enrollees who entered into military service; and

(5)

any additional information required by the Secretary.

(e)

Methods

The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates.

(f)

Transparency and accountability

(1)

Report

The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available to the public by electronic means, a report containing—

(A)

information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c);

(B)

a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c);

(C)

a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c);

(D)

information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and

(E)

a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs.

(2)

Assessment

The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that—

(A)

are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or

(B)

have failed a safety and health code review described in subsection (g).

(3)

Performance improvement

With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including—

(A)

providing technical assistance to the center;

(B)

changing the management staff of the center;

(C)

replacing the operator of the center;

(D)

reducing the capacity of the center; or

(E)

closing the center.

(4)

Closure of job corps centers

Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure—

(A)

that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and

(B)

the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary.

(g)

Participant health and safety

The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances.

.

D

National Programs

130.

Technical assistance

Section 170 (29 U.S.C. 2915) is amended—

(1)

by striking subsection (b);

(2)

by striking:

(a)

General technical assistance

;

(3)

by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section;

(4)

in subsection (a) (as so redesignated)—

(A)

by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities,; and

(B)

by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ;

(5)

in subsection (b) (as so redesignated)—

(A)

by striking paragraph (1) and inserting subsection (a);

(B)

by striking , or recipient of financial assistance under any of sections 166 through 169,; and

(C)

by striking or grant recipient;

(6)

in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and

(7)

by inserting, after subsection (c) (as so redesignated), the following:

(d)

Best practices coordination

The Secretary shall—

(1)

establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and

(2)

evaluate and disseminate information regarding best practices and identify knowledge gaps.

.

131.

Evaluations

Section 172 (29 U.S.C. 2917) is amended—

(1)

in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act;

(2)

in subsection (a)(4) is amended to read as follows:

(4)

the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals;

;

(3)

in subsection (c) is amended to read as follows:

(c)

Techniques

Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years.

;

(4)

in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ;

(5)

by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following:

(f)

Reduction of amounts authorized to be appropriated for late reporting

If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress.

.

(6)

by adding at the end, the following:

(h)

Public availability

The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website.

.

E

Administration

132.

Requirements and restrictions

Section 181 (29 U.S.C. 2931) is amended—

(1)

in subsection (b)(6), by striking , including representatives of businesses and of labor organizations;

(2)

in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may;

(3)

in subsection (e)

(A)

by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of; and

(B)

by striking subtitle B and inserting this Act;

(4)

in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and

(5)

by adding at the end the following:

(g)

Salary and bonus limitation

No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (5 U.S.C. 5313). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs.

(h)

General authority

(1)

In general

The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act.

(2)

Qualifications

The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary.

.

133.

Prompt allocation of funds

Section 182 (29 U.S.C. 2932) is amended—

(1)

in subsection (c), by striking 127 or; and

(2)

in subsection (e)

(A)

by striking sections 128 and 133 and inserting section 133 ; and

(B)

by striking 127 or.

134.

Fiscal controls; sanctions

Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended—

(1)

by striking (A) and all that follows through Each and inserting Each; and

(2)

by striking subparagraph (B).

135.

Reports to Congress

Section 185 (29 U.S.C. 2935) is amended—

(1)

in subsection (c)

(A)

in paragraph (2), by striking and after the semicolon;

(B)

in paragraph (3), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(4)

shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title.

; and

(2)

in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary,.

136.

Administrative provisions

Section 189 (29 U.S.C. 2939) is amended—

(1)

in subsection (g)

(A)

by amending paragraph (1) to read as follows:

(1)

In general

Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made.

; and

(B)

in paragraph (2)

(i)

by striking each State and inserting each recipient; and

(ii)

by striking 171 or;

(2)

in subsection (i)

(A)

by striking paragraphs (2) and (3);

(B)

by redesignating paragraph (4) as paragraph (2);

(C)

by amending paragraph (2)(A), as so redesignated—

(i)

by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B;

(ii)

by striking clause (ii); and

(iii)

in clause (i), by striking ; and and inserting a period at the end; and

(D)

by adding at the end the following:

(D)

Expedited process for extending approved waivers to additional states

In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers.

(E)

External Conditions

The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph.

.

137.

State legislative authority

Section 191(a) (29 U.S.C. 2941(a)) is amended—

(1)

by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title; and

(2)

by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title.

138.

General program requirements

Section 195 (29 U.S.C. 2945) is amended—

(1)

in paragraph (7), by inserting at the end the following:

(D)

Funds received by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section.

; and

(2)

by adding at the end the following new paragraphs:

(14)

Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include one-stop centers.

(15)

Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

.

139.

Federal agency staff and restrictions on political and lobbying activities

Subtitle E of title I ( 29 U.S.C. 2931 et seq. ) is amended by adding at the end the following new sections:

196.

Federal agency staff

The Director of the Office of Management and Budget shall—

(1)

not later than 60 days after the date of the enactment of the SKILLS Act

(A)

identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and

(B)

identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been repealed or consolidated on or after such date of enactment;

(2)

not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and

(3)

not later than 1 year after such date of enactment—

(A)

reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and

(B)

submit to Congress a report on how the Director carried out the requirements of subparagraph (A).

197.

Restrictions on lobbying and political activities

(a)

Lobbying restrictions

(1)

Publicity restrictions

(A)

In general

Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for—

(i)

publicity or propaganda purposes; or

(ii)

the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body.

(B)

Exception

Subparagraph (A) shall not apply to—

(i)

normal and recognized executive-legislative relationships;

(ii)

the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or

(iii)

if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government.

(2)

Salary payment restriction

No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

(b)

Political restrictions

(1)

In general

No funds received by a participant of a program or an activity under this Act shall be used for—

(A)

any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or

(B)

any activity to provide voters with transportation to the polls or similar assistance in connection with any such election.

(2)

Definition

For the purposes of this subsection, the term participant includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act.

(3)

Restriction on voter registration activities

No funds under this Act shall be used to conduct voter registration activities.

.

F

State unified plan

140.

State unified plan

Section 501 (20 U.S.C. 9271) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

General authority

The Secretary shall receive and approve State unified plans developed and submitted under this section.

;

(2)

by amending subsection (b) to read as follows:

(b)

State unified plan

(1)

In general

A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.

(2)

Activities and programs

The activities and programs referred to in paragraph (1) are as follows:

(A)

Programs and activities authorized under title I.

(B)

Programs and activities authorized under title II.

(C)

Programs authorized under the Rehabilitation Act of 1973.

(D)

Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.

(E)

Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.

(F)

Programs and activities authorized under title II of the Trade Act of 1974.

(G)

National Apprenticeship Act of 1937.

(H)

Programs authorized under the Community Services Block Grant Act.

(I)

Programs authorized under the part A of title IV of the Social Security Act.

(J)

Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).

(K)

Work programs authorized under section 6(o) of the Food Stamp Act of 1977.

(L)

Programs and activities authorized title I of the Housing and Community Development Act of 1974.

(M)

Programs and activities authorized under the Public Workers and Economic Development Act of 1965.

(N)

Activities as defined under chapter 41 of title 38, United States Code.

;

(3)

by amending subsection (d) to read as follows:

(d)

Approval

(1)

Jurisdiction

In approving a State unified plan under this section, the Secretary shall—

(A)

submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or

(B)

coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program.

(2)

Timeline

A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3).

; and

(4)

by adding at the end the following:

(e)

Additional employment and training funds

(1)

Purpose

It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs.

(2)

In general

In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs.

(3)

Requirements

A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall—

(A)

continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund;

(B)

meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and

(C)

continue to make reservations and allotments under subsections (a) and (b) of section 133.

(4)

Exceptions

A State may not consolidate funds under paragraph (2) that are allocated to the State under—

(A)

the Carl D. Perkins Career and Technical Education Act of 2006; or

(B)

the Rehabilitation Act of 1973.

.

II

ADULT EDUCATION AND FAMILY LITERACY EDUCATION

201.

Amendment

Title II (20 U.S.C. 2901 et seq.) is amended to read as follows:

II

ADULT EDUCATION AND FAMILY LITERACY EDUCATION

201.

Short title

This title may be cited as the Adult Education and Family Literacy Education Act.

202.

Purpose

It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to—

(1)

increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce;

(2)

assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution;

(3)

assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and

(4)

assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills.

203.

Definitions

In this title:

(1)

Adult education and family literacy education programs

The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals—

(A)

who are at least 16 years of age;

(B)

who are not enrolled or required to be enrolled in secondary school under State law; and

(C)

who—

(i)

lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society;

(ii)

do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or

(iii)

are English learners.

(2)

Eligible agency

The term eligible agency

(A)

means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and

(B)

may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges.

(3)

Eligible provider

The term eligible provider means an organization of demonstrated effectiveness which is—

(A)

a local educational agency;

(B)

a community-based or faith-based organization;

(C)

a volunteer literacy organization;

(D)

an institution of higher education;

(E)

a public or private educational agency;

(F)

a library;

(G)

a public housing authority;

(H)

an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or

(I)

a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).

(4)

English language acquisition program

The term English language acquisition program means a program of instruction—

(A)

designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and

(B)

that may lead to—

(i)

attainment of a secondary school diploma or its recognized equivalent;

(ii)

transition to success in postsecondary education and training; and

(iii)

employment or career advancement.

(5)

Family literacy education program

The term family literacy education program means an educational program that—

(A)

assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and

(B)

is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates—

(i)

interactive literacy activities between parents and their children;

(ii)

training for parents regarding how to be the primary teacher for their children and full partners in the education of their children;

(iii)

parent literacy training that leads to economic self-sufficiency; and

(iv)

an age-appropriate education to prepare children for success in school and life experiences.

(6)

Governor

The term Governor means the chief executive officer of a State or outlying area.

(7)

Individual with a disability

(A)

In general

The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990).

(B)

Individuals with disabilities

The term individuals with disabilities means more than one individual with a disability.

(8)

English learner

The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and—

(A)

whose native language is a language other than English; or

(B)

who lives in a family or community environment where a language other than English is the dominant language.

(9)

Integrated Education and Training

The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction.

(10)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965.

(11)

Literacy

The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education.

(12)

Local educational agency

The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(13)

Outlying area

The term outlying area has the meaning given the term in section 101 of this Act.

(14)

Postsecondary educational institution

The term postsecondary educational institution means—

(A)

an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;

(B)

a tribally controlled community college; or

(C)

a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.

(15)

Secretary

The term Secretary means the Secretary of Education.

(16)

State

The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(17)

State educational agency

The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(18)

Workplace literacy program

The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills.

204.

Home schools

Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title.

205.

Authorization of appropriations

There are authorized to be appropriated to carry out this title , $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years.

A

Federal Provisions

211.

Reservation of funds; grants to eligible agencies; allotments

(a)

Reservation of funds

From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242.

(b)

Grants to eligible agencies

(1)

In general

From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g).

(2)

Purpose of grants

The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title.

(c)

Allotments

(1)

Initial allotments

From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224

(A)

$100,000, in the case of an eligible agency serving an outlying area; and

(B)

$250,000, in the case of any other eligible agency.

(2)

Additional allotments

From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.

(d)

Qualifying adult

For the purpose of subsection (c)(2), the term qualifying adult means an adult who—

(1)

is at least 16 years of age;

(2)

is beyond the age of compulsory school attendance under the law of the State or outlying area;

(3)

does not have a secondary school diploma or its recognized equivalent; and

(4)

is not enrolled in secondary school.

(e)

Special rule

(1)

In general

From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary.

(2)

Termination of eligibility

Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective.

(f)

Hold-Harmless provisions

(1)

In general

Notwithstanding subsection (c) and subject to paragraph (2), for—

(A)

fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and

(B)

fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title.

(2)

Ratable reduction

If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary.

(g)

Reallotment

The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year.

212.

Performance accountability system

Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224.

B

State Provisions

221.

State administration

Each eligible agency shall be responsible for the following activities under this title:

(1)

The development, submission, implementation, and monitoring of the State plan.

(2)

Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title.

(3)

Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs.

222.

State distribution of funds; matching requirement

(a)

State distribution of funds

Each eligible agency receiving a grant under this title for a fiscal year—

(1)

shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225;

(2)

shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and

(3)

shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency.

(b)

Matching requirement

(1)

In general

In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than—

(A)

in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and

(B)

in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State.

(2)

Non-federal contribution

An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title.

223.

State leadership activities

(a)

In general

Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs:

(1)

The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b).

(2)

The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs.

(3)

The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title.

(4)

The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities.

(5)

The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities.

(6)

The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology.

(7)

Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs.

(8)

Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities.

(9)

The development and implementation of a system to assist in the transition from adult basic education to postsecondary education.

(10)

Activities to promote workplace literacy programs.

(11)

Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title.

(12)

Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees.

(b)

Coordination

In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a).

(c)

State-Imposed requirements

Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area.

224.

State plan

(a)

3-Year plans

(1)

In general

Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan.

(2)

State unified plan

The eligible agency may submit the State plan as part of a State unified plan described in section 501.

(b)

Plan contents

The eligible agency shall include in the State plan or any revisions to the State plan—

(1)

an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve;

(2)

a description of the adult education and family literacy education programs that will be carried out with funds received under this title;

(3)

an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title;

(4)

a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title;

(5)

a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d);

(6)

an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241;

(7)

a description of the process that will be used for public participation and comment with respect to the State plan, which—

(A)

shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and

(B)

may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations;

(8)

a description of the eligible agency’s strategies for serving populations that include, at a minimum—

(A)

low-income individuals;

(B)

individuals with disabilities;

(C)

the unemployed;

(D)

the underemployed; and

(E)

individuals with multiple barriers to educational enhancement, including English learners;

(9)

a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency;

(10)

a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including—

(A)

how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and

(B)

how the State will increase the participation of business and industry in adult education and family literacy education programs;

(11)

an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and

(12)

a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs.

(c)

Plan revisions

When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary.

(d)

Consultation

The eligible agency shall—

(1)

submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and

(2)

ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary.

(e)

Plan approval

The Secretary shall—

(1)

approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and

(2)

not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle.

225.

Programs for corrections education and other institutionalized individuals

(a)

Program authorized

From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals.

(b)

Uses of funds

The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for—

(1)

basic skills education;

(2)

special education programs as determined by the eligible agency;

(3)

reading, writing, speaking, and math programs;

(4)

secondary school credit or diploma programs or their recognized equivalent; and

(5)

integrated education and training.

(c)

Priority

Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program.

(d)

Definitions

For purposes of this section:

(1)

Correctional institution

The term correctional institution means any—

(A)

prison;

(B)

jail;

(C)

reformatory;

(D)

work farm;

(E)

detention center; or

(F)

halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.

(2)

Criminal offender

The term criminal offender means any individual who is charged with, or convicted of, any criminal offense.

C

Local Provisions

231.

Grants and contracts for eligible providers

(a)

Grants and contracts

From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State.

(b)

Local activities

The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate—

(1)

programs that provide adult education and literacy activities;

(2)

programs that provide integrated employment and training activities; or

(3)

credit-bearing postsecondary coursework.

(c)

Direct and equitable access; same process

Each eligible agency receiving funds under this title shall ensure that—

(1)

all eligible providers have direct and equitable access to apply for grants or contracts under this section; and

(2)

the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.

(d)

Measurable goals

The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate—

(1)

the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A);

(2)

the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year;

(3)

the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners;

(4)

the program is of sufficient intensity and quality for participants to achieve substantial learning gains;

(5)

educational practices are evidence-based;

(6)

the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education;

(7)

the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship;

(8)

the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State;

(9)

the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies;

(10)

the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;

(11)

the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance;

(12)

the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs;

(13)

the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes;

(14)

adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and

(15)

applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods.

(e)

Special rule

Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first.

232.

Local application

Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including—

(1)

a description of how funds awarded under this title will be spent consistent with the requirements of this title;

(2)

a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and

(3)

each of the demonstrations required by section 231(d).

233.

Local administrative cost limits

(a)

In general

Subject to subsection (b), of the amount that is made available under this title to an eligible provider—

(1)

at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and

(2)

the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination.

(b)

Special rule

In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes.

D

General Provisions

241.

Administrative provisions

Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs.

242.

National activities

The Secretary shall establish and carry out a program of national activities that may include the following:

(1)

Providing technical assistance to eligible entities, on request, to—

(A)

improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title;

(B)

improve its performance on the core indicators of performance described in section 136;

(C)

provide adult education professional development; and

(D)

use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners.

(2)

Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency.

(3)

Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels.

(4)

Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism.

(5)

Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs.

(6)

Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities.

(7)

Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide.

.

III

AMENDMENTS TO THE WAGNER-PEYSER ACT

301.

Amendments to the Wagner-Peyser Act

The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended by amending section 15 to read as follows:

15.

Workforce and labor market information system

(a)

System content

(1)

In general

The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes—

(A)

statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on—

(i)

employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers;

(ii)

industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions;

(iii)

the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and

(iv)

employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation;

(B)

information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which—

(i)

shall be current and comprehensive;

(ii)

shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and

(iii)

shall meet the needs for the information identified in section 121;

(C)

technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code;

(D)

procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels;

(E)

procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs;

(F)

analysis of data and information described in subparagraphs (A) and (B) for uses such as—

(i)

national, State, and local policymaking;

(ii)

implementation of Federal policies (including allocation formulas);

(iii)

program planning and evaluation; and

(iv)

researching labor market dynamics;

(G)

wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and

(H)

programs of—

(i)

training for effective data dissemination;

(ii)

research and demonstration; and

(iii)

programs and technical assistance.

(2)

Information to be confidential

(A)

In general

No officer or employee of the Federal Government or agent of the Federal Government may—

(i)

use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished;

(ii)

disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or

(iii)

permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i),

without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission.
(B)

Immunity from legal process

Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.

(C)

Rule of construction

Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act.

(b)

System responsibilities

(1)

In general

The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States.

(2)

Duties

The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties:

(A)

Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions.

(B)

Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities.

(C)

Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority.

(D)

In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1).

(E)

Establish procedures for the system to ensure that—

(i)

such data and information are timely;

(ii)

paperwork and reporting for the system are reduced to a minimum; and

(iii)

States and localities are fully involved in the development and continuous improvement of the system at all levels.

(c)

National electronic tools To provide services

The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems.

(d)

Coordination with the states

(1)

In general

The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system.

(2)

Formal consultations

At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2).

(e)

State responsibilities

(1)

In general

In order to receive Federal financial assistance under this section, the Governor of a State shall—

(A)

be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan;

(B)

establish a process for the oversight of such system;

(C)

consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system;

(D)

consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information;

(E)

collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1);

(F)

maintain and continuously improve the statewide workforce and labor market information system in accordance with this section;

(G)

perform contract and grant responsibilities for data collection, analysis, and dissemination for such system;

(H)

conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system;

(I)

actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data;

(J)

participate in the development of the annual plan described in subsection (c); and

(K)

utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures.

(2)

Rule of construction

Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section.

(f)

Nonduplication requirement

None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).

(g)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.

(h)

Definition

In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability.

.

IV

REPEALS AND CONFORMING AMENDMENTS

401.

Repeals

The following provisions are repealed:

(1)

Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act.

(2)

Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ).

(3)

Sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ).

(4)

Twenty-First Century Workforce Commission Act ( 29 U.S.C. 2701 note).

(5)

Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 ).

(6)

Section 821 of the Higher Education Amendments of 1998 (20 U.S.C. 1151) (Grants to States for workplace and community transition training for incarcerated individuals).

(7)

The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.).

(8)

Sections 4103A and 4104 of title 38, United States Code.

402.

Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by striking , training,.

403.

Amendments to the Food and Nutrition Act of 2008

(a)

Definition

Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended—

(1)

by striking and (2) and inserting (2), and

(2)

by inserting before the period at the end the following:

, and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )

.

(b)

Eligible households

Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended—

(1)

in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and

(2)

in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) .

(c)

Eligibility disqualifications

Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows:

(4)

Employment and training

(A)

Implementation

Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.

(B)

Statewide workforce development system

Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).

(C)

Reimbursements

(i)

Actual costs

The State agency shall provide payments or reimbursement to participants served under this paragraph for—

(I)

the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and

(II)

the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate.

(ii)

Service contracts and vouchers

In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household.

(iii)

Value of reimbursements

The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall—

(I)

not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and

(II)

not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21).

.

(d)

Administration

Section 11(e)(19) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) is amended to read as follows:

(19)

the plans of the State agency for providing employment and training services under section 6(d)(4);

.

(e)

Administrative cost-Sharing and quality control

Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended—

(1)

in paragraph (1)

(A)

in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and

(B)

in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) ,

(2)

in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities,

(3)

in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services, and

(4)

by amending paragraph (5) to read as follows:

(5)

Monitoring

The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (29 U.S.C. 2871).

.

(f)

Research, demonstration, and evaluations

Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended—

(1)

in subsection (b) by striking paragraph (3), and

(2)

in subsection (g)

(A)

by inserting , in conjunction with the Secretary of Labor, after Secretary, and

(B)

by striking programs established and inserting activities provided to eligible households.

(g)

Minnesota family investment project

Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program.

404.

Amendments to section 412 of the Immigration and Nationality Act

(a)

Conditions and considerations

Section 412(a) of the Immigration and Nationality Act (8 U.S.C. 1522(a)) is amended—

(1)

in paragraph (1)

(A)

in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement,; and

(B)

in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);;

(2)

in paragraph (2)(C)(iii)(II), by inserting and training after employment;

(3)

in paragraph (6)(A)(ii)

(A)

by striking insure and inserting ensure;

(B)

by inserting and training after employment; and

(C)

by inserting after available the following: through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) ; and

(4)

in paragraph (9), by inserting the Secretary of Labor, after Education,.

(b)

Program of initial resettlement

Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended—

(1)

by striking orientation, instruction and inserting orientation and instruction; and

(2)

by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate.

(c)

Project grants and contracts for services for refugees

Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended—

(1)

in paragraph (1)

(A)

in subparagraph (A)(i), by inserting and training after employment; and

(B)

by striking subparagraph (C);

(2)

in paragraph (2)(B), by striking paragraph— and all that follows through in a manner and inserting paragraph in a manner; and

(3)

by adding at the end the following:

(3)

In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). Such action may include—

(A)

making employment and training services as described under section 134 of such Act (29 U.S.C. 2864) available to refugees; and

(B)

providing refugees with access to a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841).

.

(d)

Cash assistance and medical assistance to refugees

Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended—

(1)

in paragraph (2)(A)(i), by inserting and training after providing employment; and

(2)

in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the.

405.

Amendments relating to the Second Chance Act of 2007

(a)

Federal Prisoner Reentry Initiative

Section 231 of the Second Chance Act of 2007 (42 U.S.C. 17541) is amended—

(1)

in subsection (a)(1)(E)

(A)

by inserting the Department of Labor and before other Federal agencies; and

(B)

by inserting State and local workforce investment boards, after community-based organizations,;

(2)

in subsection (c)

(A)

in paragraph (2), by striking at the end and;

(B)

in paragraph (3), by striking at the end the period and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(4)

to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.).

; and

(3)

in subsection (d), by adding at the end the following new paragraph:

(6)

Interaction with the workforce investment system

(A)

In general

In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). Such action may include—

(i)

making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or

(ii)

providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) in the State in which the prison involved is located.

(B)

Service defined

In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) offered by the Bureau of Prisons, including—

(i)

the skills assessment described in subsection (a)(1)(A);

(ii)

the skills development plan described in subsection (a)(1)(B); and

(iii)

the enhancement, development, and implementation of reentry and skills development programs.

.

(b)

Duties of the Bureau of Prisons

Section 4042(a)(5)(E) of title 18, United States Code, is amended—

(1)

in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph;

(2)

by striking clause (iii); and

(3)

by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively.

406.

Amendments to the Omnibus Crime Control and Safe Streets Act of 1968

Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended—

(1)

in subsection (b)

(A)

in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)) and training;

(B)

by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and

(C)

by inserting after paragraph (3) the following new paragraph:

(4)

coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, a