Workforce Investment Act of 2012 - Amends the Workforce Investment Act of 1998 (WIA) to revise requirements and reauthorize appropriations for: (1) WIA title I, workforce investment systems for job training and employment services; and (2) WIA title II, adult education and family literacy education programs.
Revises member composition of state and local workforce investment boards to require at least 20% of the board be composed of representatives of the workforce within the state.
Revises requirements for a five-year state worker investment plan.
Revises requirements for the state unified plan for adult education and literacy programs.
Revises requirements for: (1) local workforce investment areas, boards, and plans; (2) one-stop delivery systems; and (3) the allotment of federal funds among states for statewide youth (including disadvantaged youth) activities and statewide workforce investment activities, Native American workforce investment programs, and adult and dislocated worker employment and training activities.
Defines "core programs" to mean: (1) youth workforce investment activities and adult and dislocated worker employment and training activities, (2) adult education and literacy activities, (3) employment services, and (4) vocational rehabilitation services.
Establishes unified state and local performance accountability measures for the core programs.
Directs the Secretary of Labor to allocate federal funds for the costs of infrastructure associated with one-stop centers for job training and employment services.
Revises requirements and reauthorizes appropriations for the Job Corps program.
Prescribes a special rule to make Armed Force veterans eligible for the Job Corps if certain requirements are met.
Directs the Secretary of Labor and the Secretary of Education to establish jointly a demonstration College Corps project to provide certain at-risk youth intensive education and skills training to prepare them for college and for high-skilled employment.
Directs the Secretary of Labor to establish annually performance indicators for Job Corps centers and for recruitment and career transition service providers serving the Job Corps program.
Revises requirements for the Native American, migrant and seasonal farmworker, and veterans' workforce investment programs. Requires the establishment of performance accountability measures for such programs.
Repeals the youth opportunity grant program.
Replaces demonstration, pilot, multiservice, research, and multistate work investment projects with innovation work investment projects. Subjects such projects to certain performance accountability measures.
Directs the Secretary of Labor and the Secretary of Education to provide for the competitive award of: (1) transition grants to states to assist them in making the transition to meeting the requirements of this Act; (2) workforce innovation and best practices grants to state partnerships or regional entities for workforce investment projects to target services to low-income individuals, low-skill individuals, long-term unemployed, and other populations with barriers to employment; and (3) youth innovation and best practices grants to states or local boards and other specified entities for innovative strategies and activities to improve education and employment outcomes for eligible youth.
Converts the national emergency grants program into a national dislocated worker grants program. Authorizes the Secretary of Labor to award national dislocated worker grants to provide disaster relief employment in a disaster area of a state.
Revises and reauthorizes appropriations for the YouthBuild program.
Reauthorizes appropriations for the Native American, migrant and seasonal farmworker, and veterans' workforce investment programs.
Establishes an Office of Disability Employment Policy within the Department of Labor.
Directs the Secretary of Labor and the Secretary of Education to award competitive grants to: (1) institutions of higher education for educational or career training programs for workers; (2) state or local organizations in partnership with community colleges and other training providers for pay-for-performance projects and pay-for-success job training projects; (3) state or local governments to provide job training or recruiting activities necessary to provide skilled workers for businesses that are considering relocating back to the United States; and (4) institutions of higher education in partnership with local or regional economic development entities to provide training in starting a small business and entrepreneurship.
Directs the Secretary of Labor to award grants to states for integrated English literacy and civics education.
Amends the Wagner-Peyser Act to authorize use of a state's allotment of public employment services funds to provide unemployment insurance claimants and other unemployed individuals with referrals to, and application assistance for, training and education resources and programs, including student assistance under Federal Pell Grants of the Higher Education Act of 1965, educational assistance under the Montgomery GI Bill and the Post-9/11 Veterans Educational Assistance, state student higher education assistance, and training and education programs under WIA titles I and II, and title I of the Rehabilitation Act of 1973.
Directs the Secretary of Labor to establish a pilot program of competitive grants to state employment agencies to carry out pilot projects that enhance the professional development and the provision of public employment services by agency staff.
Replaces the nationwide employment statistics system, which the Secretary of Labor is required to oversee, with a nationwide labor market information system.
Establishes the Workforce Information Advisory Council.
Amends the Rehabilitation Act of 1973 to transfer the Rehabilitation Services Administration from the Office of the Secretary of Education and reestablish it in the Office of Special Education and Rehabilitation Services.
Revises requirements for: (1) state plans for vocational rehabilitation services to individuals with disabilities, (2) eligibility for vocational rehabilitation assistance and individualized plans for employment for disabled individuals, (3) monitoring and review of vocational rehabilitation programs, and (4) state allotments for such programs.
Requires: (1) states to make certain funds available to designated state units for pre-employment transition services for students with disabilities who are transitioning to employment from education or training, and (2) each local office of a state unit to designate at least one Local Pre-Employment Transition Coordinator for students with disabilities.
Directs the Secretary of Labor and the Secretary of Education to each designate a National Pre-Employment Transition Coordinator for Students with Disabilities.
Revises American Indian vocational rehabilitation services grant program eligibility requirements to permit grants to be renewed for an additional 5-years, provided certain conditions are met.
Revises requirements and reauthorizes appropriations for the National Institute on Disability and Rehabilitation Research.
Reauthorizes appropriations for: (1) vocational rehabilitation services grants to individuals with disabilities who are migrant or seasonal farmworkers, (2) recreational programs for individuals with disabilities, (3) the National Council on Disability, (4) the Architectural and Transportation Barriers Compliance Board, and (5) employment opportunities for individuals with disabilities.
Authorizes appropriations to assist states in developing collaborative programs to provide supported employment services for individuals (including youth) with the most significant disabilities to enable them to achieve supported employment in competitive integrated employment.
Establishes within the Department of Education an Independent Living Administration (ILA), independent of the Rehabilitation Services Administration.
Revises requirements for a state plan for state independent living services for individuals with significant disabilities, including through establishment of additional centers for independent living or focused outreach to serve underserved populations.
Directs the ILA Director (currently, the Commissioner of the Rehabilitation Services Administration) to make allotments to states for independent living services to individuals with significant disabilities.
Revises the composition and functions of State Independent Living Councils.
Revises requirements and reauthorizes appropriations for: (1) the centers for independent living grant program, and (2) independent living services for older individuals who are blind grant program.
Directs the Secretary of Labor, acting through the Assistant Secretary of Labor and in coordination with the Commissioners of the Rehabilitation Services Administration, of Social Security, and of the Internal Revenue Service, as well as the heads of other relevant federal agencies, to carry out campaigns to educate employers and the general public on the benefits of hiring individuals with disabilities.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4227 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4227
To reauthorize the Workforce Investment Act of 1998 to strengthen the
United States workforce investment system through innovation in, and
alignment and improvement of, employment, training, and education
programs, and to promote national economic growth, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2012
Mr. Tierney (for himself, Mr. Hinojosa, and Mr. George Miller of
California) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To reauthorize the Workforce Investment Act of 1998 to strengthen the
United States workforce investment system through innovation in, and
alignment and improvement of, employment, training, and education
programs, and to promote national economic growth, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Investment Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Purposes and principles.
TITLE I--WORKFORCE INVESTMENT SYSTEMS
Subtitle A--Definitions
Sec. 101. Definitions.
Subtitle B--Statewide and Local Workforce Investment Systems
Sec. 111. State workforce investment boards and requirements for State
plans.
Sec. 112. State unified plan.
Sec. 113. Local workforce investment areas and boards.
Sec. 114. Additional one-stop programs and activities.
Sec. 115. Providers of training services.
Sec. 116. Youth activities.
Sec. 117. Adult and dislocated worker training activities.
Sec. 118. Unified performance accountability system.
Sec. 119. Authorization of funding for one-stop infrastructure.
Subtitle C--Job Corps
Sec. 131. Purposes.
Sec. 132. Definitions.
Sec. 133. Individuals eligible for the Job Corps.
Sec. 134. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 135. Enrollment.
Sec. 136. Job Corps centers.
Sec. 137. Program activities.
Sec. 138. Support.
Sec. 139. Community participation.
Sec. 140. Industry councils.
Sec. 141. Experimental, research, and demonstration projects and
College Corps program.
Sec. 142. Technical amendment.
Sec. 143. Performance accountability and management.
Sec. 144. Authorization of appropriations.
Subtitle D--National Programs
Sec. 151. Native American programs.
Sec. 152. Migrant and seasonal farmworker programs.
Sec. 153. Veterans workforce investment programs.
Sec. 154. Repeal.
Sec. 155. Technical assistance.
Sec. 156. Innovation projects.
Sec. 157. Workforce and youth innovation and best practices grants.
Sec. 158. Evaluations.
Sec. 159. National dislocated worker grants.
Sec. 160. Youthbuild program.
Sec. 161. Authorization of appropriations.
Sec. 162. Transition grants to States.
Sec. 163. Interagency agreement.
Subtitle E--Administration
Sec. 171. Requirements and restrictions.
Sec. 172. Fiscal controls or sanctions.
Sec. 173. Reports, recordkeeping, investigations.
Sec. 174. Administrative provisions.
Sec. 175. Repeals.
Sec. 176. General program requirements.
Sec. 177. Office of Disability Employment Policy.
Subtitle F--Community College to Career Fund
Sec. 181. Community College to Career Fund.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purposes, definitions, and miscellaneous provisions.
Sec. 202. Amendments to subtitle A.
Sec. 203. Amendments to subtitle B.
Sec. 204. Amendments to subtitle C.
Sec. 205. Amendments to subtitle D.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance accountability measures.
Sec. 308. Pilot projects.
Sec. 309. Labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Performance accountability measures.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Client Assistance Program.
Sec. 421. Technical assistance for quality services.
Sec. 422. Pre-employment transition services.
Sec. 423. American Indian vocational rehabilitation services.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability and Rehabilitation Research.
Sec. 434. Interagency Committee.
Sec. 435. Research and other covered activities.
Sec. 436. Rehabilitation Research Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Training.
Sec. 442. Demonstration and training programs.
Sec. 443. Migrant and seasonal farmworkers.
Sec. 444. Recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Report.
Sec. 452. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Board and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Standards for accessible medical diagnostic equipment.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Projects with industry.
Sec. 462. Authorization of appropriations.
Sec. 463. Supported employment services.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--General Provisions
Sec. 471. Purpose.
Sec. 472. Independent Living Administration.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 476. Responsibilities of the ILA Director.
Chapter 2--Independent Living Services
Sec. 477. Administration.
Chapter 3--Centers for Independent Living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 4--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--Increasing Employment Opportunities for Individuals With
Disabilities
Sec. 491. Disability employment.
Sec. 492. Table of contents.
SEC. 2. PURPOSES AND PRINCIPLES.
The purposes of this Act include the following:
(1) To increase economic growth by improving the education
and skills of American workers.
(2) To ensure middle class prosperity through strong
investment in talent and workforce development.
(3) To prepare the unemployed, the underemployed, and those
most disadvantaged with skills to match up with employer needs.
(4) To provide individuals streamlined access to in-demand
skills training and employment services by aligning education,
training and workforce investment programs.
(5) To strengthen engagement with employers in in-demand
industries and all sectors to meet the needs of employers.
(6) To improve the competitiveness and dynamism of the
Nation's future workforce by investing in college and career-
ready pathways for young adults.
(7) To ensure accountability and efficiency through system
performance measures that incentivize continuous improvement in
services for workers and employers.
(8) To encourage private sector partnerships connecting
employers, labor unions, community colleges, workforce boards
and related stakeholders to develop workforce skills that meet
employer needs, including career pathways, recognized
postsecondary credentials, and regional planning.
TITLE I--WORKFORCE INVESTMENT SYSTEMS
Subtitle A--Definitions
SEC. 101. DEFINITIONS.
Section 101 is amended--
(1) by striking paragraph (24) and by redesignating--
(A) paragraphs (52) and (53) as paragraphs (60) and
(61), respectively;
(B) paragraphs (40) through (51) as paragraphs (47)
through (58), respectively;
(C) paragraphs (25) through (39) as paragraphs (31)
through (45), respectively;
(D) paragraphs (18) through (23) as paragraphs (25)
through (30), respectively;
(E) paragraph (17) as paragraph (22);
(F) paragraphs (12) through (16) as paragraphs (16)
through (20), respectively;
(G) paragraphs (8) through (11), as paragraphs (11)
through (14), respectively; and
(H) paragraphs (5) through (7) as paragraphs (6)
through (8), respectively;
(2) by inserting after paragraph (4) the following:
``(5) Career pathway.--
``(A) In general.--The term `career pathway' means
a sequence of education, training, and other supportive
services, clearly articulated from one level of
instruction to the next, that are designed to prepare
individuals to meet a set of career-related objectives
as referenced in subparagraph (C).
``(B) Services.--The services referred to in
subparagraph (A) shall be--
``(i) aligned with the skill needs of
industries in the State or regional economy
involved;
``(ii) designed to increase an individual's
educational and skill attainment, and improve
the individual's employment outcomes and
ability to meet career-related objectives, by--
``(I) preparing individuals for the
full range of secondary or
postsecondary education options,
including apprenticeships registered
under the Act of August 16, 1937
(commonly known as the `National
Apprenticeship Act'; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.)
(referred to individually in this Act
as an `apprenticeship', except in
section 273);
``(II) including supportive
services and counseling to support
individuals in achieving their
education and career goals;
``(III) including, as appropriate
for an individual, education offered
concurrently with and in the context of
workforce preparation activities and
training for a specific occupation or
occupational cluster; and
``(IV) when participants are
adults, organizing courses to meet
adult participants' needs including
flexible scheduling, multiple entry and
exit points (that may correspond with
work and stackable credentials), giving
credit for learning toward credentials
and adopting other strategies that
accelerate the educational and career
advancement of the participant to the
extent practicable; and
``(iii) at a minimum, provided through the
alignment of core programs authorized under
this Act with postsecondary education and
training programs, consistent with descriptions
included in the State and local plans.
``(C) Objectives.--The objectives referred to in
subparagraph (A) include--
``(i) enabling an individual to attain a
secondary school diploma or its recognized
equivalent, and at least 1 recognized
postsecondary credential; and
``(ii) helping a worker enter or advance
within a specific occupation or occupational
cluster.'';
(3) by inserting after paragraph (8) (as so redesignated),
the following:
``(9) Core program.--The term `core programs' means--
``(A) chapter 4 and 5 of subtitle B of title I
(relating to youth workforce investment activities and
adult and dislocated worker employment and training
activities);
``(B) title II (relating to adult education and
literacy activities);
``(C) sections 1 through 13 of the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) (relating to employment
services); and
``(D) title I of the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), other than section 112 or part C
of that title (29 U.S.C. 732, 741) (relating to
vocational rehabilitation services).
``(10) Costs of infrastructure.--The term `costs of
infrastructure', used with respect to a one-stop center, means
the nonpersonnel costs that are necessary for the operation of
the one-stop center, including the rental costs of the
facilities, the costs of utilities and maintenance, equipment
(including assessment-related products and adaptive technology
for individuals with disabilities), and technology to
facilitate access to the one-stop center.'';
(4) by inserting after paragraph (14) (as so redesignated),
the following:
``(15) Economic self-sufficiency.--The term `economic self-
sufficiency' means, with respect to a worker, earning a wage
sufficient to support a family adequately and, over time, to
save for emergency expenses and adequate retirement income,
based on factors such as--
``(A) family size;
``(B) the cost of living in the worker's community;
and
``(C) other factors that may vary by region.'';
(5) by inserting after paragraph (20) (as so redesignated),
the following:
``(21) In-demand industry sector or occupation.--
``(A) In general.--The term `in-demand industry
sector or occupation' means--
``(i) an industry sector that--
``(I) has a substantial current or
forecasted impact on the regional
economy overall, including attracting,
expanding or retaining businesses or
jobs (including, at a minimum, jobs
that lead to economic self-sufficiency
and opportunities for advancement) in
the region;
``(II) contributes to the growth of
other supporting businesses, or the
growth of other industry sectors within
the region;
``(III) provides workers with jobs
that have competitive, family-
sustaining wages and benefits; and
``(IV) includes occupations that
provide opportunities for career
advancement; or
``(ii) an occupation that--
``(I) has a significant presence in
an industry sector;
``(II) has a shortage of available
skilled workers;
``(III) pays competitive, family-
sustaining wages and benefits that
enable workers to achieve economic
self-sufficiency, or can reasonably be
expected to lead to a position with
such wages and benefits;
``(IV) provides opportunities for
career advancement; and
``(V) has a significant impact in a
region's economy.
``(B) Determination.--The determination of whether
an industry sector or occupation is an in-demand
industry sector or occupation under this paragraph
shall be made using national, State, or regional labor
market information.'';
(6) by inserting after paragraph (22) (as so redesignated),
the following:
``(23) Individual with employment barriers.--The term
`individual with employment barriers' means an individual with
any characteristic that substantially limits an individual's
ability to obtain employment, including indicators of poor work
history, lack of work experience or access to employment in
nontraditional occupations, long-term unemployment, lack of
educational or occupational skills attainment, dislocation from
high-wage and high-benefit employment, low levels of literacy
or English proficiency, disability status, homelessness, ex-
offender status, or welfare dependency.
``(24) Industry or sector partnership.--The term `industry
or sector partnership' means a workforce collaborative that--
``(A) organizes key stakeholders in an industry
cluster into a working group that focuses on the
workforce needs of the industry cluster and that
includes, at the appropriate stage of development of
the partnership--
``(i) representatives of multiple
businesses or other employers in the industry
cluster, including small and medium-sized
employers when practicable;
``(ii) representatives of a recognized
State labor organization or central labor
council, a union representing employees in the
industry or sector and another labor
representative, as appropriate;
``(iii) 1 or more representatives of an
institution of higher education with, or
another provider of, education or training
programs that support the industry cluster,
including career and technical education
providers; and
``(iv) the State workforce agency providing
labor market information and employment
services under the Wagner-Peyser Act; and
``(B) may include representatives of--
``(i) State or local government;
``(ii) State or local economic development
agencies;
``(iii) State boards or local boards, as
appropriate;
``(iv) any local board that has established
through its local plan a concentration of an
industry cluster within its area;
``(v) business or trade associations;
``(vi) nonprofit organizations, community-
based organizations, or intermediaries;
``(vii) philanthropic organizations; and
``(viii) other organizations, as determined
to be necessary by the members comprising the
industry or sector partnership.''.
(7) in paragraph (36) (as so redesignated), by striking
``as appropriate to the occupation for which the participant is
being trained'' and inserting ``to a period not in excess of
that generally required for acquisition of skills needed for
the position with a particular occupation and'';
(8) by inserting after paragraph (44) (as so redesignated),
the following:
``(45) Recognized postsecondary credential.--The term
`recognized postsecondary credential' means a credential
awarded by a training provider or educational institution based
on completion of all requirements for a program of study,
including coursework or tests or other performance evaluations.
The term includes an industry-recognized certificate, a
certificate of completion of an apprenticeship, or an associate
or baccalaureate degree.''; and
(9) by inserting after paragraph (57) (as so redesignated),
the following:
``(58) Workplace learning advisor.--The term `workplace
learning advisor' means an individual employed by an
organization who has the knowledge and skill necessary to
advise other employees of that organization about the
education, skill development, job training, career counseling
services, and credentials, including services provided through
the workforce investment system, required to progress toward
career goals of such employees in order to meet employer
requirements related to job openings and career advancements
that support economic self-sufficiency.''.
Subtitle B--Statewide and Local Workforce Investment Systems
SEC. 111. STATE WORKFORCE INVESTMENT BOARDS AND REQUIREMENTS FOR STATE
PLANS.
(a) Size and Functions of the State Boards.--Section 111 is
amended--
(1) in subsection (b)--
(A) in paragraph (1)(C)--
(i) by amending clause (i)(I), by striking
``including'' and inserting ``shall include'';
and
(ii) by amending clause (vi) to read as
follows:
``(vi)(I) lead State officials with primary
responsibility for the program and activities
that are described in section 121(b)(2)(B)(1)
(i) through (iv); and
``(II) the State agency officials
responsible for economic development;''; and
(B) by adding at the end the following:
``(4) Worker representation.--Not less than 20 percent of
the Board shall be comprised of representatives of the
workforce within the State, and--
``(A) shall include representatives described in
clause (iii) of section 117(b)(2)(A);
``(B) may include representatives of community-
based organizations that have demonstrated experience
and expertise in addressing the employment needs of
individuals with barriers to employment, including
organizations that provide or support competitive,
integrated employment for individuals with
disabilities; and
``(C) may include representatives of organizations
that have demonstrated experience and expertise in
addressing the employment, training, or education needs
of eligible youth, including representatives of
organizations that serve out-of-school youth.''.
(2) in subsection (d)--
(A) in paragraph (8), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (9), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(10) promotion in the development of guidance on career
pathways by aligning workforce investment programs for the
purpose of providing individuals with barriers to employment,
including low-skilled adults and youth, with the employment,
training, education, and supportive services the individuals
need to attain the necessary credentials to secure and advance
in employment;
``(11) promotion in the development of sector initiatives
such as industry or sector partnerships relating to in-demand
industry sectors and occupations;
``(12) provision of guidance on the alignment and delivery
of services between the local boards, one-stop operator, and
State entities carrying out relevant State-administered
programs;
``(13) provision of technical assistance to local boards,
one-stop partners, one-stop operators, and providers, as
appropriate, in local areas concerning planning and delivering
services; and
``(14) staff training and education across programs
supported under workforce investment systems in local areas.''.
(b) Required Content of State Plans.--Section 112 is amended--
(1) in subsection (a), by striking ``a single State plan
(referred to in this title as the `State plan')'' and inserting
``a single State plan (referred to in this title as the `State
plan') that shall include the State plans of all core program
and'';
(2) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (C), by striking ``;
and'' and inserting a semicolon; and
(ii) by adding at the end the following new
subparagraphs:
``(E) the State's strategic vision and goals for
preparing an educated and skilled workforce (including
preparing youth and individuals with barriers to
employment) and for meeting the skilled workforce needs
of employers, including goals relating to performance
accountability measures based on primary indicators of
performance described in section 136(b)(2), in order to
support economic growth and economic self-sufficiency;
and
``(F) a strategy not inconsistent with the program
requirements of the core programs for aligning the core
programs, as well as other resources available to the
State, to achieve the strategic vision and goals
described in subparagraph (E), including how the State
will meet performance accountability measures based on
the system-wide indicators described in section
136(b)(2)(A) in order to support program alignment.'';
(B) in paragraph (8)(A)--
(i) in clauses (ix) and (x), respectively,
by striking ``; and'' and inserting a
semicolon; and
(ii) by adding at the end the following:
``(xi) apprenticeship programs registered
under the National Apprenticeship Act (50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.);
``(xii) State labor certification
activities for employment-based immigration
programs authorized under the Immigration and
Nationality Act; and
``(xiii) employment, training, and literacy
services carried out by public libraries.'';
(C) in paragraph (12)(B), by inserting before the
semicolon the following: ``, and, after consultation
with the local boards, specifying the minimum amount of
Federal assistance under section 133(b) (2) and (3)
provided to each local area that is to be spent on
training'';
(D) in paragraph (17)(B), by striking ``; and'' and
inserting a semicolon;
(E) in paragraph (18)(D), by striking the period
and inserting a semicolon; and
(F) by adding at the end the following:
``(19) a process for providing guidance to local areas and
conducting oversight to ensure implementation of priority of
service for adult employment and training activities; in
accordance with section 134(d)(4)(E);
``(20) a description of how the State will develop and
implement career pathways and career and technical education by
aligning workforce investment programs for the purpose of
providing individuals, including low-skill adults and youth,
with the employment, training, education, and supportive
services the individuals need to attain the necessary
credentials to secure and advance in employment;
``(21) an objective assessment of the needs of individuals
in the State or outlying area for adult education and literacy
activities, including individuals with employment barriers;
``(22) a description of how the eligible agency will
develop program strategies for populations that include, at a
minimum--
``(A) low-income students;
``(B) individuals with disabilities;
``(C) single parents and displaced homemakers; and
``(D) individuals with multiple barriers to
educational enhancement, including individuals with
limited English proficiency; and
``(23) a description of how the adult education and
literacy activities that will be carried out with any funds
received under this subtitle 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.''; and
(3) in subsection (c), by striking ``Secretary of'' and
inserting ``appropriate Secretary of each core program''.
SEC. 112. STATE UNIFIED PLAN.
The Workforce Investment Act of 1998 is further amended--
(1) by striking section 501; and
(2) by inserting after section 112 the following:
``SEC. 113. STATE UNIFIED PLAN.
``(a) Purpose.--The purpose of the State unified plan required by
this section is to align education, training, and workforce development
programs in support of a comprehensive workforce investment system.
``(b) Definition of Appropriate Secretary.--In this section, the
term `appropriate Secretary' means the head of the Federal agency who
exercises administrative authority over an activity or program
described in subsection (c).
``(c) State Unified Plan.--
``(1) In general.--A State shall develop and submit to the
appropriate Secretaries a State unified plan for the core
programs and may develop and submit one or more of the program
and activities described in paragraph (2) in lieu of submitting
two or more plans, for the programs and activities and the core
programs.
``(2) Programs.--The programs and activities referred to in
paragraph (1) are as follows:
``(A) Career and technical education programs at
the secondary and postsecondary level authorized under
the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.).
``(B) Programs authorized under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.).
``(C) Programs authorized under section 6(d)(4) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)).
``(D) Work programs authorized under section 6(o)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)).
``(E) Activities authorized under chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et
seq.).
``(F) Activities authorized under chapter 41 of
title 38, United States Code.
``(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable
Federal law).
``(H) Programs authorized under title V of the
Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
``(I) Employment and training activities carried
out by the Department of Housing and Urban Development.
``(J) Employment and training activities carried
out under the Community Services Block Grant Act (42
U.S.C. 9901 et seq.).
``(K) Programs authorized under section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532).
``(d) Requirements.--
``(1) In general.--The portion of a unified plan covering
the core programs shall be subject to the requirements of
section 112 and to the additional requirements contained in the
authorizing statute of the core program, if any. The portion of
such plan covering a program or activity described in
subsection (b)(2) shall be subject to the requirements, if any,
applicable to a plan or application for assistance for that
program or activity.
``(2) Additional submission not required.--A State that
submits a State unified plan covering an activity or program
described in subsection (b) that is approved under subsection
(d) shall not be required to submit any other plan or
application in order to receive Federal funds to carry out the
activity or program.
``(3) Coordination.--A State unified plan shall include--
``(A) a description of the methods used for joint
planning and coordination of the programs and
activities included in the unified plan; and
``(B) an assurance that the methods included an
opportunity for the entities responsible for planning
or administering such programs and activities to review
and comment on all portions of the unified plan.
``(e) Approval by the Appropriate Secretaries.--
``(1) Jurisdiction.--The appropriate Secretary shall have
the authority to approve the portion of the State unified plan
relating to the activity or program over which the appropriate
Secretary exercises administrative authority. On the approval
of the appropriate Secretary, the portion of the plan relating
to the activity or program shall be implemented by the State
pursuant to the applicable portion of the State unified plan.
``(2) Approval of core programs.--No portion of the plan
relating to a core program shall be implemented until the
appropriate Secretary approves the corresponding portions of
the plan for all core programs. Other core programs may
continue in operation while new plan provisions are revised or
are awaiting approval.
``(3) Timing of approval.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), a portion of the State
unified plan covering the core programs or a program or
activity described in subsection (a)(2) shall be
considered to be approved by the appropriate Secretary
at the end of the 90-day period beginning on the day
the plan is submitted.
``(B) Plan approved by 3 or more appropriate
secretaries.--If an appropriate Secretary other than
the Secretary of Labor or the Secretary of Education
has authority to approve a portion of a combined plan,
that portion of the combined plan shall be considered
to be approved by the appropriate Secretary at the end
of the 90-day period beginning on the day the plan is
submitted.
``(C) Disapproval.--The portion shall not be
considered to be approved if the appropriate Secretary
makes a written determination, during the 90-day
period, that the portion is not consistent with the
requirements of the Federal law authorizing or
applicable to the program or activity involved,
including the criteria for approval of a plan or
application, if any, under such law, or the plan is not
consistent with the requirements of this section.
``(4) Local jurisdiction.--The appropriate local board
shall approve the portion of the State unified plan relating to
the activity or program over which the appropriate local board
exercises administrative authority. On the approval of the
appropriate local board, the portion of the plan relating to
the activity or program shall be implemented by the State
pursuant to the applicable portion of the State unified
plan.''.
SEC. 113. LOCAL WORKFORCE INVESTMENT AREAS AND BOARDS.
(a) Planning Process for Different Types of Regions.--Section
116(c)(1) is amended--
(1) by striking ``As part of'' and inserting:
``(A) As part of'';
(2) by striking ``may'' each place it appears and inserting
``shall''; and
(3) by adding at the end the following:
``(B) Planning for cooperative initiatives and
arrangements.--In the regions comprised of 2 or more
local areas, the State shall, in consultation with
local boards, require regional planning, and service
delivery, by local boards in those regions. For the
purpose of administrative efficiency, the State shall
require the local boards in a planning region to
participate in a regional planning process for
cooperative initiatives and arrangements that result
in--
``(i) the establishment and implementation
of regional service strategies and activities,
including service delivery cooperative
arrangements and regional approaches to address
the employment and training needs of the
region, including strategies that meet the need
of individuals with barriers to employment;
``(ii) as appropriate, the development and
implementation of initiatives involving in-
demand industry sectors or occupations;
``(iii) the collection and analysis of
regional labor market data (in conjunction with
the State); and
``(iv) the establishment of administrative
and infrastructural cost sharing, as
appropriate.
``(C) Regional plans.--The State, after
consultation with the local boards and chief elected
officials for the planning region, shall require the
local boards and officials to collaborate in order to
prepare, submit, and obtain approval of a single
regional plan. Such plan shall include a description of
the cooperative initiatives and arrangements developed
pursuant to clause (iii) and incorporate local plans
for each of the local areas in the planning region,
which shall contain strategies that are consistent and
aligned with each other.''.
(b) Composition of the Board and Inclusion of Public Libraries.--
Section 117(b)(2)(A)(iv) is amended by striking ``individuals with
disabilities and'' and inserting ``public libraries, individuals with
disabilities, and''.
(c) Worker Representation.--Section 117(b) is further amended by
adding at the end the following:
``(5) Worker representation.--Not less than 20 percent of
the Board shall be comprised of representatives of the
workforce within the local area, and--
``(A) shall include representatives described in
clause (iii) of paragraph (2)(A);
``(B) may include representatives of community-
based organizations that have demonstrated experience
and expertise in addressing the employment needs of
individuals with barriers to employment, including
organizations that provide or support competitive,
integrated employment for individuals with
disabilities; and
``(C) may include representatives of organizations
that have demonstrated experience and expertise in
addressing the employment, training, or education needs
of eligible youth, including representatives of
organizations that serve out-of-school youth.''.
(d) Required Functions of the Local Boards.--Section 117(d) is
amended--
(1) in the matter preceding paragraph (1), by striking
``The functions'' and inserting ``Consistent with section 118,
the functions'';
(2) by amending paragraph (1) to read as follows:
``(1) Local plan.--The local board, in partnership with the
chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets the
requirements in section 118. If the local area is part of a
planning region that includes other local areas, the local
board shall collaborate with the other local boards and chief
elected officials from such other local areas in the
development and submission of the local plan as described in
section 116(c)(1)(A).''; and
(3) in paragraph (3)(B)(i)--
(A) in subclause (II), by inserting ``or the local
board'' after ``entity'';
(B) in subclause (III), by inserting ``adult
education, literacy and employment services'' after
``workforce investment activities'';
(C) in subclause (III)(ii), by adding at the end
the following: ``which staff, including staff of a one-
stop center, report to and are responsible to the local
board and not the chief elected official'';
(4) in paragraph (4) by striking ``with respect'' through
``in local area'' and inserting ``in its local area over the
core programs as described in this Act'';
(5) in paragraph (8)--
(A) in the paragraph heading, by striking
``connecting'' and inserting ``convening'';
(B) by striking ``connecting'' and inserting
``convening''; and
(C) by adding at the end the following: ``and to
link youth, dislocated workers and others to
opportunities for employment, internships, registered
apprenticeships, or work-based learning''; and
(6) by adding at the end the following new paragraphs:
``(9) Career pathways development.--The local board, in
consultation with the State board and with representatives of
secondary, postsecondary, career and technical education, and
adult education programs, shall lead efforts in the local area
to develop and implement career pathways within the local area
by aligning the employment, training, education, and supportive
services that are needed by adults and youth, particularly
individuals with barriers to employment.
``(10) Workforce research and regional labor market
analysis.--In order to assist in the development and
implementation of the local plan, the local board shall
coordinate with the State public employment services under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.) to--
``(A) utilize analyses of the economic conditions
in the region, the needed knowledge and skills for the
region, the workforce in the region, and workforce
development activities (including education and
training) in the region described in section 118(b)(1),
and regularly update such information;
``(B) assist the Governor in developing the
statewide labor market information system described in
section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-
2(e)), specifically in the collection, analysis, and
utilization of labor market information for the region;
and
``(C) assemble and utilize such other research,
data collection, and analysis related to the workforce
needs of the regional economy as the board, after
receiving input from a wide array of stakeholders,
determines to be necessary to carry out its functions.
``(11) Proven and promising practices.--The local board
shall lead efforts in the local area to--
``(A) identify and promote proven and promising
strategies and initiatives for meeting the needs of
employers, and workers and job seekers (including
individuals with barriers to employment) in the local
workforce investment system, including providing
physical and programmatic accessibility, in accordance
with section 288 and applicable provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), to the one-stop delivery
system; and
``(B) identify and disseminate information, in
coordination with the Department of Labor and the State
board, on proven and promising practices carried out in
other local areas for meeting such needs.
``(12) Technology.--The local board shall develop
strategies for using technology to maximize the accessibility
and effectiveness of the local workforce investment system for
employers, and workers and job seekers, by--
``(A) facilitating connections among the reporting
systems of the one-stop partner programs to support a
comprehensive workforce investment system in the local
area;
``(B) facilitating access to services provided
throughout the one-stop delivery system involved,
including facilitating the access in remote areas;
``(C) identifying strategies for better meeting the
needs of individuals with barriers to employment,
including strategies that augment traditional service
delivery and technologies that increase access to
services and programs of the one-stop delivery system
for individuals with disabilities and other barriers to
employment; and
``(D) leveraging resources and capacity within the
local workforce investment system, including resources
and capacity for services for individuals with barriers
to employment.
``(13) Advertising.--The local board shall plan for
advertising one-stop services throughout the local area.
``(14) Transition.--The local board shall develop
strategies to ensure that services provided in the local area
are coordinated with and meet the transition goals and services
developed for children with disabilities under section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act.
``(15) Literacy.--The local board shall ensure that one-
stop operators in the local area develop and implement policies
to ensure that the literacy and English language skills of an
adult or eligible youth are not barriers to accessing services,
including training services, that are available to assist
individuals obtain and maintain employment.
``(16) Sector initiatives.--The local board shall develop
and expand sector initiatives in the local area or region which
may include the convening of industry or sector partnerships
relating to in-demand industry sectors and occupations.''.
(e) Contents of the Local Plan.--Section 118(b) is amended--
(1) in paragraph (1), by striking ``an identification of--
'' and inserting ``based on a labor market study and input
solicited from local businesses, an identification of--''
(2) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively, and by inserting
after paragraph (6) the following:
``(7) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with apprenticeship programs registered under the National
Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.);''; and
(3) by adding at the end the following:
``(12) a description of the procedure or process for
implementing a priority of service for adult employment and
training activities in accordance with section 134(d)(4)(E);
and
``(13) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with employment, training, and literacy services carried out by
public libraries.''.
SEC. 114. ADDITIONAL ONE-STOP PROGRAMS AND ACTIVITIES.
Section 121 is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)--
(i) in clause (xi), by striking ``; and''
and inserting a semicolon;
(ii) in clause (xii), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(xiii) programs authorized under section
212 of the Second Chance Act of 2007 (42 U.S.C.
17532); and
``(xiv) programs authorized under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.), subject to subparagraph (C).
``(A) Determination by the governor.--
``(i) In general.--An entity that carries
out a program referred to in subparagraph
(B)(xiv) shall be included in the one-stop
partners for the local area, as a required
partner, for purposes of this Act and the other
core program provisions that are not part of
this Act, unless the Governor provides the
notification described in clause (ii).
``(ii) Notification.--The notification
referred to in clause (i) is a notification
that--
``(I) is made in writing of a
determination by the Governor not to
include such entity in the one-stop
partners described in clause (i); and
``(II) is provided to the Secretary
and the Secretary of Health and Human
Services.''; and
(B) in paragraph (2)(B), by striking clause (i) and
redesignating clauses (ii) through (v) as clauses (i)
through (iv), respectively; and
(2) in subsection (e)--
(A) by striking ``If a one-stop'' and inserting:
``(1) Existing systems.--If a one-stop''; and
(B) by adding at the end the following:
``(2) Collocation of wagner-peyser services.--Consistent
with section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)),
and in order to improve service delivery, avoid duplication of
services, and enhance coordination of services, the employment
service offices in each State and the one-stop centers
established under this title shall be collocated to the extent
practicable.
``(3) Use of common one-stop delivery system identifier.--
Each one-stop delivery system shall include in the
identification of products, programs, activities, services,
facilities, and related property and materials, a common one-
stop delivery identifier. The identifier shall be developed by
the Secretary of Labor, in consultation with heads of other
appropriate departments and agencies, and representatives of
State boards and local boards and of other stakeholders in the
one-stop delivery system, not later than the beginning of the
second full program year after the date of enactment of this
Act. Such common identifier may consist of a logo, phrase, or
other identifier that informs users of the one-stop delivery
system that such product, programs, activities, services,
facilities, property, or materials are being provided through
such system. Nothing in this paragraph shall be construed to
prohibit one-stop partners, States, or local areas from having
additional identifiers.''.
SEC. 115. PROVIDERS OF TRAINING SERVICES.
Section 122 is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``or certificate'' and inserting ``recognized
postsecondary credential''; and
(ii) in subparagraph (C), by inserting ``,
which may include joint labor-management
organizations, sector partnerships, and
eligible providers of adult education and
literacy activities under title II if such
activities are provided in combination with
occupational skills training'' before the
period; and
(B) by adding at the end the following:
``(3) Inclusion on list of eligible providers.--A private
provider described in subparagraph (C) of paragraph (2) shall
comply with the criteria, information requirements, and
procedures established under this section to be included on the
list of eligible training services described in paragraph (3).
A public provider described in subparagraph (A) and a provider
described in subparagraph (B) of paragraph (2) shall be
included and maintained on the list of eligible providers of
training services described in subsection (d) for so long as
they comply with the requirements of this section and for so
long as a provider described in subparagraph (B) remains
registered as described in such subparagraph.'';
(2) in subsection (d)(1)(A) is amended by adding at the end
the following:
``(iii) information on the performance of
the provider with respect to the performance
accountability measures described in section
136 for such participants (taking into
consideration the characteristics of the
population served and relevant economic
conditions), and information specifying the
percentage of such participants who entered
unsubsidized employment in an occupation
related to the program, to the extent
practicable; and
``(iv) information on secondary or
postsecondary diploma or its recognized
equivalent, or recognized postsecondary
credentials received by such participants;
and'';
(3) in subsection (e), by inserting after the first
sentence the following: ``The list of providers shall also be
based on the identified labor market needs of employers in the
local area based on input solicited from local business and
identified in the local plan pursuant to section 118(b)(1).'';
and
(4) in subsection (h)--
(A) in the subsection heading, by striking ``or
Customized Training'' and inserting ``Incumbent Worker
Training, Customized Training, and Other Training
Exceptions''; and
(B) in paragraph (1), by striking ``or customized
training'' and inserting ``incumbent worker training,
customized training, internships, and paid or unpaid
work experience opportunities, or transitional
employment''.
SEC. 116. YOUTH ACTIVITIES.
(a) Definition of Disadvantaged Youth and State Allotments.--
Section 127 is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall use the amount appropriated
under section 137(a) for a fiscal year to make allotments and grants in
accordance with subparagraphs (A) and (B) of subsection (b)(1) and make
funds available for use under section 166 (relating to Native American
programs).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (A)
and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(B) in paragraph (2) by amending subparagraph (C)
to read as follows:
``(C) Disadvantaged youth.--Subject to paragraph
(3), the term `disadvantaged youth' means an individual
who--
``(i) is age 16 through 24; and
``(ii) received an income, or is a member
of a family that received a total family
income, that, in relation to family size, does
not exceed 150 percent of the poverty line.'';
and
(3) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance from State allotments to the State at the end of the
program year prior to the program year for which the
determination is made, exceeds 10 percent of the total amount
of funds available to the State for that prior program year,
consisting of the State allotment to the State for such prior
program year (including amounts from State allotments to the
State, for all program years before that prior program year)
that remained available.''.
(b) Within State Allocations.--Section 128(c)(2) is amended to read
as follows:
``(2) Amount.--
``(A) In general.--The amount available for
allocation for a program year is equal to the amount by
which the balance that is unobligated and unencumbered
for training services at the end of the program year
prior to the program year for which the determination
is made, exceeds 10 percent of the total amount of
funds available to the local area for that prior
program year, consisting of the local allocation to the
local area for such prior program year (including
amounts from local allocations to the local area, for
all program years before that prior program year) that
remained available.
``(B) Balance of funds.--For purposes of this
paragraph, the balance that is unobligated and
unencumbered for training services is the amount that
is the difference between--
``(i) the total amount of funds available
to the local area under this section for that
prior program year consisting of the local
allocation to the local area for such prior
program year (including amounts from local
allocations to the local area for all program
years before that prior program year) that
remained available; and
``(ii) the amount, from that total amount
of available funds, that is obligated or
encumbered (in accordance with generally
accepted accounting principles) for training
services during such prior program year, except
that for purposes of this paragraph the amount
included as encumbered for raining services
shall not exceed 10 percent of the total amount
of available funds described in clause (i).''.
(c) Required Statewide Youth Activities.--Section 129(b)(2) is
amended--
(1) in subparagraph (C)--
(A) by inserting ``, or that fail to meet local
performance accountability measures,'' after
``concentrations of eligible youth''; and
(B) by striking the period at the end and inserting
``; and''; and
(2) by adding at the end the following new subparagraph:
``(D) providing technical assistance to, as
appropriate, local boards, one-stop operators, and
eligible providers, including support for the training
or staff in evidence-based practices for serving
eligible youth (including joint training) and
facilitating remote access to services provided through
the one-stop delivery system.''.
(d) Local Elements and Requirements.--Section 129(c) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``shall
identify an'' and inserting ``shall identify career
pathways that include education and employment goals'';
and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``, in
appropriate cases'';
(ii) in clause (ii), by striking ``strong
linkages between academic and occupational
learning'' and inserting ``activities leading
to the attainment of a secondary school diploma
or its recognized equivalent, or a recognized
postsecondary credential''; and
(iii) in clause (iv)--
(I) by inserting ``employers,
including small employers, and in-
demand occupations'' after ``effective
connections to''; and
(II) by striking subclauses (I) and
(II);
(2) in paragraph (2)--
(A) by striking subparagraph (C) and redesignating
subparagraphs (D) through (J) as subparagraphs (C)
through (I), respectively;
(B) in subparagraph (C) (as so redesignated)--
(i) by striking ``work experiences as
appropriate,'' and inserting ``work experiences
that include academic, area career and
technical education or occupational education
to ensure youth are college and career
ready,''; and
(ii) after ``including internships,'' by
inserting ``summer employment, pre-
apprenticeships programs, on-the-job
training,'';
(C) in subparagraph (E) (as so redesignated), by
inserting ``such as youth service and conservation
corps,'' after ``include community service'';
(D) in subparagraph (F) (as so redesignated), by
inserting ``, financial literacy education, and
entrepreneurial skills training'' after ``supportive
services''; and
(E) in subparagraph (I) (as so redesignated), after
``which'', by inserting ``shall include career
counseling and career exploration services, as
appropriate, and'';
(3) in paragraph (3)(C), by inserting ``and family members,
mentors,'' after ``parents''; and
(4) by amending paragraph (4)(A) to read as follows:
``(A) In general.--For any program year, not less
than 60 percent of the funds described in paragraph (1)
shall be used to provide youth workforce investment
activities for out-of-school youth.''.
SEC. 117. ADULT AND DISLOCATED WORKER TRAINING ACTIVITIES.
(a) Definition of Disadvantaged Adult.--Section 132(b)(1)(v)(IV) is
amended by striking ``does not exceed and all that follow'' and
inserting ``150 percent of the poverty line.''.
(b) Reallotment.--Section 132(c)(2) is amended to read as follows:
``(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance from State allotments to the State at the end of the
program year prior to the program year for which the
determination is made, exceeds 10 percent of the total amount
of funds available to the State for that prior program year,
consisting of the State allotment to the State for such prior
program year (including amounts from State allotments to the
State, for all program years before that prior program year)
that remained available.''.
(c) Transfer Authority.--Section 133(b)(4) is amended by striking
``20 percent'' both places it appears and inserting ``30 percent''.
(d) Within State Reallocation.--Section 133(c) 2 is amended to read
as follows:
``(2) Amount.--
``(A) In general.--The amount available for
allocation for a program year is equal to the amount by
which the balance that is unobligated and unencumbered
for training services at the end of the program year
prior to the program year for which the determination
is made, exceeds 10 percent of the total amount of
funds available to the local area for that prior
program year, consisting of the local allocation to the
local area for such prior program year (including
amounts from local allocations to the local area, for
all program years before that prior program year) that
remained available.
``(B) Balance of funds.--For purposes of this
paragraph, the balance that is unobligated and
unencumbered for training services is the amount that
is the difference between--
``(i) the total amount of funds available
to the local area under this section for that
prior program year consisting of the local
allocation to the local area for such prior
program year (including amounts from local
allocations to the local area for all program
years before that prior program year) that
remained available; and
``(ii) the amount, from that total amount
of available funds, that is obligated or
encumbered (in accordance with generally
accepted accounting principles) for training
services during such prior program year, except
that for purposes of this paragraph the amount
included as encumbered for raining services
shall not exceed 10 percent of the total amount
of available funds described in clause (i).''.
(e) Use of Unobligated Rapid-Response Funds.--Section 134(a)(2) is
amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
(B) by striking ``A State shall use'' and
inserting:
``(i) In general.--A State shall use''; and
(C) by adding at the end the following:
``(ii) Use of unobligated funds.--Funds
reserved by a Governor under section 133(a)(2)
to carry out this subparagraph that remain
unobligated after the first program year for
which such funds were allotted may be used by
the Governor to carry out statewide activities
authorized under subparagraph (B) or paragraph
(3)(A), in addition to activities under this
subparagraph.''; and
(2) in subparagraph (B)--
(A) in clause (v), by striking ``; and'' and
inserting a semicolon;
(B) in clause (vi), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) developing, implementing, and using
layoff aversion strategies in collaboration
with appropriate economic development and
private sector entities, for implementation of
strategies that may include early
identification of firms at risk of layoffs, use
of feasability studies to assess the needs of
and options for at-risk firms and the delivery
of employment, training, economic development,
investment and financial restructuring
activities to address identified risk
factors.''.
(f) Shared Services.--Section 134(d)(1)(B) is amended--
(1) by striking ``A portion'' and inserting the following:
``(i) In general.--A portion''; and
(2) by adding at the end the following:
``(ii) Additional costs of one-stop.--
Subject to the memorandum of understanding
described in section 121(c) for the one-stop
delivery system involved, in addition to the
funds provided for one-stop infrastructure
described in section 137(d), a portion of funds
made available under Federal law authorizing
the programs described in section 121(b) and
administered by one-stop partners, or the
noncash resources available under such
programs, shall be used to pay the additional
costs relating to the operation of the one-stop
delivery system that are not paid from the
funds provided under section 137(d), as
determined in accordance with clause (iv), to
the extent not inconsistent with the Federal
law involved. Such costs shall include the
costs of the provision of core services
described in section 134(d)(2) applicable to
each program and may include common costs that
are not paid from the funds provided under
section 137(d).
``(iii) Shared services.--Costs of shared
services may include costs of services that are
authorized for and may be commonly provided
through the one-stop partner programs to any
individuals, such as initial intake, assessment
of needs, appraisal of basic skills,
identification of appropriate services to meet
such needs, referrals to other one-stop
partners, and other similar services.
``(iv) Determination and guidance.--The
method for determining the appropriate portion
of funds and noncash resources to be provided
by the one-stop partner for each program for a
one-stop center shall be determined as part of
the development of the memorandum or
understanding under subsection (c) for the one-
stop center and shall be stated in the
memorandum. The State board shall provide
guidance to facilitate the determination, for
purposes of the memorandum of understanding, of
an appropriate allocation of the funds and
noncash resources in local areas.''.
(g) Training Services.--Section 134(d)(4) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(iii) Rule of construction.--Nothing in
this paragraph shall be construed to require an
individual to receive core or intensive
services under paragraphs (2) or (3),
respectively, prior to receiving training
services under this paragraph.'';
(2) in subparagraph (D)--
(A) in clause (ix), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(x) education, training, and skill
upgrading for individuals to work and maintain
proficiency as workplace learning advisors in
programs sponsored by employers or joint labor-
management partnerships.'';
(3) in subparagraph (E)--
(A) by striking ``In the event'' through
``priority'' and inserting ``With respect to funds
allocated to a local area for adult employment and
training activities, priority'';
(B) by inserting ``individuals with barriers to
employment'' after ``public assistance and other''; and
(C) by striking ``making determination related to''
and inserting ``implementing'';
(4) by striking subparagraph (G) and inserting the
following:
``(G) Use of individual training accounts.--
``(i) In general.--Except as provided in
clause (ii), training services provided under
this paragraph shall be provided through the
use of individual training accounts in
accordance with this paragraph, and shall be
provided to eligible individuals through the
one-stop delivery system.
``(ii) Training contracts.--Training
services authorized under this paragraph may be
provided pursuant to a contract for services in
lieu of an individual training account if--
``(I) the requirements of
subparagraph (F) are met;
``(II) such services are on-the-job
training, registered apprenticeships,
customized training, incumbent worker
training, entrpreneurial skills
training, or transitional employment;
``(III) the local board determines
there are an insufficient number of
eligible providers of training services
in the local area involved (such as in
a rural area) to accomplish the
purposes of a system of individual
training accounts;
``(IV) the local board determines
that there is a training services
program of demonstrated effectiveness
offered in the local area by a
community-based organization or another
private organization to serve
individuals with barriers to
employment; or
``(V) the local board determines
that it would be most appropriate to
award a contract to an institution of
higher education or other eligible
provider of training services,
including area career and technical
education centers in order to
facilitate the training of multiple
individuals in in-demand industry
sectors or occupations and that such
contract does not limit customer
choice.
``(iii) Linkage to occupations in demand.--
Training services provided under this paragraph
shall be directly linked to an in-demand
industry sector or occupation in the local area
or region, or in another area to which an adult
or dislocated worker receiving such services is
willing to relocate, except that a local board
may approve training services for occupations
determined by the local board to be in sectors
of the economy that have a high potential for
sustained demand or growth in the local area.
``(iv) Rule of construction.--Nothing in
this paragraph shall be construed to preclude
the combined use of individual training
accounts and contracts in the provision of
training services, including arrangements that
allow individuals receiving individual training
accounts to obtain training services that are
contracted for under clause (ii).''; and
(5) by adding at the end the following:
``(H) Reimbursement for on-the-job training.--
``(i) Reimbursement level.--For purposes of
the provision of on-the-job training under this
paragraph, the Governor or local board involved
may increase the amount of the reimbursement
described in section 101(31) to an amount of up
to 75 percent of the wage rate of a participant
for a program carried out under this chapter,
if, respectively--
``(I) the Governor approves the
increase with respect to a program
carried out with funds reserved by the
State under that chapter, taking into
account the factors described in clause
(ii); or
``(II) the local board approves the
increase with respect to a program
carried out with funds allocated to a
local area under such chapter, taking
into account those factors.
``(ii) Factors.--For purposes of clause
(i), the Governor or local board, respectively,
shall take into account factors consisting of--
``(I) the characteristics of the
participants;
``(II) the size and resources of
the employer;
``(III) the likely employment
opportunities available to workers who
complete an on-the-job training
program; and
``(IV) such other factors as the
Governor or local board, respectively,
may determine to be appropriate, which
may include the number of employees
participating in the training, wage and
benefit levels of those employees (at
present and anticipated upon completion
of the training), relation of the
training to the competitiveness of a
participant, and other employer-
provided training and advancement
opportunities.''.
(h) Incumbent Worker Training Programs and Transitional Jobs.--
Section 134(e) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) work support activities designed to assist
low-wage workers in retaining and enhancing employment,
such as the provision of activities described in this
section during nontraditional hours and the provision
of child care while such activities are being
provided.''; and
(2) by adding at the end the following new paragraphs:
``(4) Incumbent worker training programs.--
``(A) In general.--
``(i) Standard reservation of funds.--
Except as provided in clause (ii), the local
board may reserve and use not more than 15
percent of the funds allocated to the local
area involved under section 133(b) to pay for
the Federal share of the cost of providing
training through a training program for
incumbent workers, carried out in accordance
with this paragraph.
``(ii) Increased reservation of funds.--If
the local board determines that there is
sufficient evidence that use of the funds
reserved under clause (i) led to employee
retention by and contributed to creation of new
jobs with employers that participated in
incumbent worker training programs, the local
board may reserve and use not more than a total
of 20 percent of such funds to pay for the
Federal share of such costs.
``(iii) Determination of eligibility.--For
the purpose of determining the eligibility of
an employer to receive funding under clause
(i), the local board shall take into account
factors consisting of--
``(I) the characteristics of the
participants in the program;
``(II) the relationship of the
training to the competitiveness of a
participant and the employer; and
``(III) such other factors as the
local board may determine to be
appropriate, which may include the
number of employees participating in
the training, the wage and benefit
levels of those employees (at present
and anticipated upon completion of the
training), and the existence of other
training and advancement opportunities
provided by the employer.
``(iv) Statewide impact.--The Governor or
State board involved may make recommendations
to the local board for providing incumbent
worker training that has statewide impact.
``(B) Training activities.--The training program
for incumbent workers carried out under this paragraph
shall be carried out by the local board in conjunction
with the employers or groups of employers of such
workers, or a labor-management partnership, including
joint registered apprenticeship programs, for the
purpose of assisting such workers in obtaining the
skills necessary to retain employment or avert layoffs.
``(C) Employer payment of non-federal share.--
Employers participating in the program carried out
under this paragraph shall be required to pay for the
non-Federal share of the cost of providing the training
to incumbent workers of the employers.
``(D) Non-federal share.--
``(i) Factors.--Subject to clause (ii), the
local board shall establish the non-Federal
share of such cost (taking into consideration
such other factors as the number of employees
participating in the training, the wage and
benefit levels of the employees (at the
beginning and anticipated upon completion of
the training), the relationship of the training
to the competitiveness of the employer and
employees, and the availability of other
employer-provided training and advancement
opportunities).
``(ii) Limits.--The non-Federal share shall
not be less than--
``(I) 10 percent of the cost for
employers with not more than 50
employees;
``(II) 25 percent of the cost, for
employers with more than 50 employees
but not more than 100 employees; and
``(III) 50 percent of the cost, for
employers with more than 100 employees.
``(iii) Calculation of employer share.--The
non-Federal share provided by an employer
participating in the program may include the
amount of the wages paid by the employer to a
worker while the worker is attending a training
program under this paragraph.
``(E) Worker protections.--If an incumbent worker
training program is proposed for an employer whose
workers are covered by a collective bargaining
agreement, the union representing those workers will be
consulted regarding the incumbent worker training
program and concur prior to the start of the program.
``(5) Transitional jobs.--The local board may use not more
than 15 percent of the funds allocated to the local area
involved under section 133(b) to provide transitional jobs
under subsection (c)(4) that--
``(A) are time-limited work experiences in
integrated settings that are subsidized and are in the
public, private, or nonprofit sectors for individuals
with barriers to employment who are chronically
unemployed, have no employment experience or have an
inconsistent work history;
``(B) are combined with comprehensive employment
and supportive services;
``(C) are designed to assist the individuals
described in subparagraph (A) to establish a work
history, demonstrate success in the workplace, and
develop the skills that lead to entry into and
retention in unsubsidized employment; and
``(D) assist in placement or hiring to an
unsubsidized job.''.
SEC. 118. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 136 is amended to read as follows:
``SEC. 136. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM.
``(a) Purpose.--The purpose of this section is to establish shared
performance accountability measures that apply across the core programs
to assess the effectiveness of States and local areas in achieving
positive outcomes for individuals served by those programs.
``(b) State Unified Performance Accountability Measures.--
``(1) In general.--For each State, the unified performance
accountability measures for the core programs shall consist
of--
``(A)(i) the primary indicators of performance
described in paragraph (2)(A); and
``(ii) the additional indicators of performance (if
any) identified by the State under paragraph (2)(B);
and
``(B) A State adjusted level of performance for
each indicator described in subparagraph (A).
``(2) Indicators of performance.--
``(A) Primary indicators of performance.--
``(i) In general.--The State primary
indicators of performance for activities
provided under the adult and dislocated worker
programs authorized under chapter 6 of subtitle
B of title I, the program of adult education
and literacy activities authorized under title
II, the employment services program authorized
under sections 1 through 13 of the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) (except that
subclauses (IV) and (V) shall not apply to such
program), and the program authorized under
title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732, 741),
shall consist of--
``(I) the percentage and number of
program participants who are in
unsubsidized employment during the
second quarter after exit from the
program;
``(II) the percentage and number of
program participants who are in
unsubsidized employment during the
fourth quarter after exit from the
program;
``(III) the median earnings of
program participants who are in
unsubsidized employment during the
second quarter after exit from the
program compared to the median earnings
of such participants prior to the
training;
``(IV) the percentage of program
participants who obtain a recognized
postsecondary credential, including in
a registered apprenticeship or on-the-
job training program, or a secondary
school diploma or its recognized
equivalent (subject to clause (iii)),
during participation in or within 1
year after exit from the program;
``(V) the percentage of program
participants who, during a program
year, are in an education or training
program, including a registered
apprenticeship or on-the-job training
program, that leads to a recognized
postsecondary credential or a secondary
school diploma or its recognized
equivalent, or employment and who are
achieving measurable basic skill gains
toward such a credential or employment;
and
``(VI) the indicators of
effectiveness in serving employers
established pursuant to clause (iv).
``(ii) Primary indicators of performance
for eligible youth.--The primary indicators of
performance for the youth program authorized
under chapter 4 of this subtitle shall consist
of--
``(I) the percentage and number of
program participants who are in
education or training activities, or in
unsubsidized employment during the
second quarter after exit from the
program;
``(II) the percentage and number of
program participants who are in
education or training activities, or in
unsubsidized employment, during the
fourth quarter after exit from the
program;
``(III) the median earnings of
program participants who are in
unsubsidized employment during the
second quarter after exit from the
program compared to the median earnings
of such participants prior to the
training;
``(IV) the percentage of program
participants who obtain a recognized
postsecondary credential described in
clause (i)(IV), or a secondary school
diploma or its recognized equivalent
subject to clause (iii) during
participation in or within 1 year after
exit from the program;
``(V) the percentage of program
participants who, during a program
year, are in an education or training
program that leads to a recognized
postsecondary credential or a secondary
school diploma or its recognized
equivalent, or employment and who are
achieving measurable basic skill gains
toward such a secondary credential or
employment; and
``(VI) the indicators of
effectiveness in serving employers
established pursuant to clause (iv).
``(iii) Indicator relating to credential.--
For purposes of clause (i)(IV) or (ii)(IV),
program participants who obtain a secondary
school diploma or its recognized equivalent
shall be included in the percentage counted as
meeting the criterion under such clause only if
such participants, in addition to obtaining
such diploma or its recognized equivalent, have
obtained or retained employment, have been
removed from public assistance, or are in an
education or training program leading to a
recognized postsecondary credential described
in clause (i)(IV) within 1 year after exit from
the program.
``(iv) Indicator for services to
employers.--Prior to the commencement of the
second full program year after the date of
enactment of this Act, for purposes of clauses
(i)(VI) and (ii)(V), the Secretary of Labor and
the Secretary of Education after consultation
with the representatives described in
subsection (h)(2), shall jointly develop and
establish, for purposes of this subparagraph, 1
or more primary indicators of performance that
indicate the effectiveness of the core programs
in serving employers.
``(B) Additional indicators.--A State may identify
in the State plan additional performance accountability
indicators.
``(3) Levels of performance.--
``(A) State adjusted levels of performance for
primary indicators.--
``(i) In general.--For each State
submitting a State plan, there shall be
established, in accordance with this
subparagraph, levels of performance for each of
the corresponding primary indicators of
performance described in paragraph (2) for each
of the programs described in clause (ii).
``(ii) Included programs.--The programs
included under clause (i) are--
``(I) the youth program authorized
under chapter 4 of this subtitle;
``(II) the adult program authorized
under chapter 5 of this subtitle;
``(III) the dislocated worker
program authorized under chapter 5 of
this subtitle;
``(IV) the program of adult
education and literacy activities
authorized under title II;
``(V) the employment services
program authorized under sections 1
through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.); and
``(VI) the program authorized under
title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that
title (29 U.S.C. 732, 741).
``(iii) Identification of state plan.--Each
State shall identify, in the State plan,
expected levels of performance for each of the
corresponding primary indicators of performance
for each of the programs described in clause
(ii) for the first 2 program years covered by
the State plan.
``(iv) Agreement of state adjusted levels
of performance.--
``(I) First 2 years.--The State
shall reach agreement with the
Secretary of Labor and the Secretary of
Education on levels of performance for
each indicator described in clause
(iii) for each of the programs
described in clause (ii) for each of
the first 2 program years covered by
the State plan. In reaching the
agreement, the State and Secretaries
shall take into account the levels
identified in the State plan under
clause (iii) and the factors described
in clause (v). The levels agreed to
shall be considered to be the State
adjusted levels of performance for the
State for such program years and shall
be incorporated into the State plan
prior to the approval of such plan.
``(II) Third and fourth year.--The
State and the Secretaries shall reach
agreement, prior to the third program
year covered by the State plan, on
levels of performance for each
indicator described in clause (iii) for
each of the programs described in
clause (ii) for each of the third and
fourth program years covered by the
State plan. In reaching the agreement,
the State and Secretaries shall take
into account the factors described in
clause (v). The levels agreed to shall
be considered to be the State adjusted
levels of performance for the State for
such program years and shall be
incorporated into the State plan as a
modification to the plan.
``(v) Factors.--In reaching the agreements
described in clause (iv), the State and
Secretaries shall--
``(I) take into account how the
levels involved compare with the State
adjusted levels of performance
established for other States;
``(II) ensure that the levels
involved are adjusted, using the
objective statistical model established
by the Secretaries pursuant to clause
(viii), based on the difference among
States in economic conditions
(including differences in unemployment
rates and job losses or gains in
particular industries) and the
characteristics of participants when
the participants entered the program
involved, including indicators of poor
work history, lack of work experience,
lack of educational or occupational
skills attainment, dislocation from
high-wage and high-benefit employment,
low levels of literacy or English
proficiency, disability status,
homelessness, ex-offender status, and
welfare dependency;
``(III) take into account the
extent to which the levels involved
promote continuous improvement in
performance accountability on the
performance accountability measures by
such State and ensure optimal return on
the investment of Federal funds; and
``(IV) take into account the extent
to which the levels involved will
assist the State in meeting the goals
described in clause (vi).
``(vi) Goals.--In order to promote enhanced
performance outcomes and to facilitate the
process of reaching agreements with the States
under clause (iv), the Secretary of labor and
the Secretary of Education shall establish
performance goals for the core programs, in
accordance with the Government Performance and
Results Act of 1993 and in consultation with
States and other appropriate parties. Such
goals shall be long-term goals for the adjusted
levels of performance to be achieved by each of
the programs described in clause (ii) regarding
the corresponding primary indicators of
performance described in paragraph (2)(A).
``(vii) Revisions based on economic
conditions and individuals served during the
program year.--The Secretary of Labor and the
Secretary of Education shall, in accordance
with the objective statistical model developed
pursuant to clause (viii), revise the State
adjusted levels of performance applicable for
each of the programs described in clause (ii),
for a program year and a State, to reflect the
economic conditions and characteristics of
participants (as described in clause (v)(II))
in that program during such program year in a
such State.
``(viii) Statistical adjustment model.--The
Secretary of Labor and the Secretary of
Education, after consultation with the
representatives described in subsection (h)(2),
shall develop and disseminate an objective
statistical model that will be used to make the
adjustments in the State adjusted levels of
performance for economic conditions and
characteristics of participants under clauses
(v) and (vii).
``(B) Levels of performance for additional
indicators.--The State may identify, in the State plan,
State levels of performance for each of the additional
indicators identified under paragraph (2)(B). Such
levels shall be considered to be State adjusted levels
of performance for purposes of this section.
``(c) Local Performance Accountability Measures.--
``(1) In general.--For each local area in a State
designated under section 116, the local performance
accountability measures for each of the program described in
subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall
consist of--
``(A)(i) the primary indicators of performance
described in subsection (b)(2)(A) that are applicable
to such programs; and
``(ii) additional indicators of performance, if
any, identified by the State for such programs under
subsection (b)(2)(B); and
``(B) the local level of performance for each
indicator described in subparagraph (A).
``(2) Local level of performance.--The local board, the
chief elected official, and the Governor shall negotiate and
reach agreement on local levels of performance based on the
State adjusted levels of performance established under
subsection (b)(3)(A).
``(3) Adjustment factors.--In negotiating the local levels
of performance, the local board, the chief elected official,
and the Governor shall make adjustments for the expected
economic conditions and the expected characteristics of
participants to be served in the local area, using the
statistical adjustment model developed pursuant to subsection
(b)(3)(A)(viii). In addition, the negotiated local levels of
performance applicable to a program year shall be revised to
reflect the economic conditions experienced and the
characteristics of the populations served in the local area
during such program year using the statistical adjustment
model.
``(d) Performance Accountability Reports.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Workforce Investment Act of 2012, the
Secretary of Labor and the Secretary of Education shall jointly
develop a template for performance reports that shall be used
by States, local boards, and eligible providers of training
services under section 122 to report on outcomes achieved by
the core programs, and to report on quantifiable benchmarks
established in the State plan as described in section 112 or
the State unified plan described in section 113 that
demonstrate annual improvement with respect to each of the
system-wide performance indicators established under subsection
(j)(2) of this section.
``(2) Contents of state performance reports.--The
performance report for a State shall include, subject to
paragraph (5)(C)--
``(A) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection
(b)(2)(A) for each of the programs described in
subsection (b)(3)(A)(ii) and the State adjusted levels
of performance with respect to such indicators for each
program;
``(B) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection
(b)(2)(A) for each of the programs described in
subsection (b)(3)(A)(ii) with respect to individuals
with barriers to employment, disaggregated by each
subpopulation of such individuals;
``(C) the total number of participants served by
each type of service of the programs described in
subsection (b)(3)(A)(ii), and the types of core,
intensive, and training services provided;
``(D) the number of individuals with barriers to
employment served by each type of service by each of
the programs described in subsection (b)(3)(A)(ii),
disaggregated by each subpopulation of such
individuals;
``(E) the number of participants who are enrolled
in more than 1 of the programs described in subsection
(b)(3)(A)(ii); and
``(F) other information that facilitates
comparisons of programs with programs in other States.
``(3) Contents of local area performance reports.--The
performance reports for a local area shall include, subject to
paragraph (5)(C)--
``(A) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection
(b)(2)(A) for each of the programs described in
subclauses (I) through (III) of subsection
(b)(3)(A)(ii), and the local adjusted levels of
performance with respect to such indicators for each
program;
``(B) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection
(b)(2)(A) for each of the programs described in
subclauses (I) through (III) of subsection
(b)(3)(A)(ii) with respect to individuals with barriers
to employment, disaggregated by each subpopulation of
such individuals;
``(C) the total number of participants served by
each of the programs described in subclauses (I)
through (III) of subsection (b)(3)(A)(ii), and the
types of core, intensive, and training services
provided;
``(D) the number of individuals with barriers to
employment served by each of the programs described in
subclauses (I) through (III) of subsection
(b)(3)(A)(ii), disaggregated by each subpopulation of
such individuals;
``(E) the number of participants who are enrolled
in any of the programs described in subclauses (I)
through (III) of subsection (b)(3)(A)(ii) who are
enrolled in more than 1 program described in subsection
(b)(3)(A)(ii); and
``(F) other information that facilitates
comparisons of programs with programs in other local
areas (or planning regions, as appropriate).
``(4) Contents of eligible training providers performance
reports.--The performance report for an eligible provider of
training services under section 122 shall include, subject to
paragraph (5)(C), with respect to each program of training
services, including core, intensive, and training services, of
such provider--
``(A) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i) with respect to
participants served under the adult and dislocated
worker programs under chapter 5 of this subtitle; and
``(B) the number of participants served under each
of the adult and dislocated worker programs under
chapter 5 of this subtitle and the number of
individuals with barriers to employment served under
each of such programs, disaggregated by each
subpopulation of such individuals.
``(5) Publication.--
``(A) State performance reports.--The Secretary of
Labor and the Secretary of Education shall annually
make publically available, including by electronic
means, the performance reports for States and local
areas containing the information described in paragraph
(2).
``(B) Local area and eligible training provider
performance reports.--The State shall make publically
available, including by electronic means, the
performance reports for the local areas containing the
information described in paragraph (3) and the
performance reports for eligible providers of training
services containing the information described in
paragraph (4).
``(C) Rules for reporting of data.--The
disaggregation of data under this subsection shall not
be required when the number of participants in a
category is insufficient to yield statistically
reliable information or when the results would reveal
personally identifiable information about an individual
participant.
``(e) Evaluation of State Programs.--
``(1) In general.--Using funds authorized under a core
program and made available to carry out this section, the
State, in coordination with local boards in the State and the
State agencies responsible for the administration of the core
programs, shall conduct ongoing evaluations of activities
carried out in the State under such programs and in accordance
with the State unified plan. The State, local boards, and State
agencies shall conduct the evaluations in order to promote,
establish, implement, and utilize methods for continuously
improving core program activities in order to achieve high-
level performance within, and high-level outcomes from, the
workforce investment system. To the maximum extent practicable,
the State shall coordinate the valuations with the evaluations
provided for the Secretary of Labor and Secretary of Education
under section 172, section 343(b)(3)(E), section 10(b) of the
Wagner-Peyser Act (29 U.S.C. 49i(b)), and sections 12(a)(5),
14, and 107 of the Rehabilitation Act of 1973 (29 U.S.C.
709(a)(5), 711, 727) (applied with respect to programs carried
out under title I of that Act).
``(2) Design.--The evaluations conducted under this
subsection shall be designed in conjunction with the State
board, State agencies responsible for the administration of the
core programs, and local boards and shall include analysis of
customer feedback and outcome and process measures in the
statewide workforce investment system. The evaluations may
include the use of control groups.
``(3) Results.--The State shall periodically prepare,
submit to the State board and local boards in the State, and
make available to the public, including by electronic means,
reports containing the results of evaluations conducted under
this subsection, to promote the efficiency and effectiveness of
the workforce investment system.
``(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
``(1) States.--
``(A) Technical assistance.--If a State fails to
meet the State adjusted levels of performance relating
to indicators described in subsection (b)(2)(A) for a
program for any program year, the Secretary of Labor
and the Secretary of Education shall, upon request,
provide technical assistance, including assistance in
the development of a performance improvement plan.
``(B) Reduction in amount of grant.--If such
failure continues for a second consecutive year, or if
a State fails to submit a report under subsection (d)
for any program year, the Secretary of Labor or the
Secretary of Education, as appropriate, may reduce by
not more than 5 percent, the amount of the allotment
that would (in the absence of this paragraph) be
payable to the State under such program for the
immediately succeeding program year. Such penalty shall
be based on the degree of failure to meet State
adjusted levels of performance.
``(2) Funds resulting from reduced allotments.--The
Secretary of Labor or the Secretary of Education, as
appropriate, shall use any amount retained, as a result of a
reduction in an allotment to a State made under paragraph
(1)(B), to provide technical assistance to the States the
Secretaries determine to be appropriate to improve the
performance of their core programs.
``(g) Sanctions for Local Area Failure To Meet Local Performance
Accountability Measures.--
``(1) Technical assistance.--If a local area fails to meet
local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker
program authorized under chapter 2 or 3 of subtitle B of title
I for a program described in subsection (d)(2)(A) for any
program year, the Governor, or upon request by the Governor,
the Secretary of Labor, shall provide technical assistance,
which may include assistance in the development of a
performance improvement plan, or the development of a modified
local plan or regional plan.
``(2) Corrective actions.--
``(A) In general.--If such failure continues for a
second consecutive year, the Governor shall take
corrective actions, which may include development of a
reorganization plan through which the Governor may--
``(i) require the appointment and
certification of a new local board, consistent
with the criteria established under section
117(b)(1);
``(ii) prohibit the use of eligible
providers and one-stop partners identified as
achieving a poor level of performance;
``(iii) redesignate the local area in
accordance with section 116; or
``(iv) take such other actions as the
Governor determines are appropriate.
``(B) Appeal by local area.--
``(i) Appeal to governor.--The local board
and chief elected official for a local area
that is subject to a reorganization plan under
subparagraph (A) may, not later than 30 days
after receiving notice of the reorganization
plan, appeal to the Governor to rescind or
revise such plan. In such case, the Governor
shall make a final decision not later than 30
days after the receipt of the appeal.
``(ii) Subsequent action.--The local board
and chief elected official for a local area
may, not later than 30 days after receiving a
decision from the Governor pursuant to clause
(i), appeal such decision to the Secretary of
Labor. In such case, the Secretary shall make a
final decision not later than 30 days after the
receipt of the appeal.
``(C) Effective date.--The decision made by the
Governor under subparagraph (B)(i) shall become
effective at the time the Governor issues the decision
pursuant to such clause. Such decision shall remain
effective unless the Secretary of Labor rescinds or
revises such plan pursuant to subparagraph (B)(ii).
``(h) Definitions of Indicators of Performance.--
``(1) In general.--In order to ensure nationwide
comparability of performance data, the Secretary of Labor and
the Secretary of Education, after consultation with
representatives described in paragraph (2), shall issue
definitions for the indicators described in this section.
``(2) Representatives.--The representatives referred to in
paragraph (1) are representatives of States and political
subdivisions, business and industry, employees, eligible
providers of activities carried out through the core programs,
educators, researchers, participants, the lead State agency
officials with responsibility for the programs carried out
through the core programs, individuals with expertise in
service individuals with barriers to employment, and other
interested parties.
``(i) Fiscal and Management Accountability Information Systems.--
``(1) Wage records.--In measuring the progress of the State
across all core programs as identified in section 136(b)(2)(A)
on State and local performance accountability measures, a State
shall utilize quarterly wage records, consistent with State
law. The Secretary of Labor shall make arrangements, consistent
with State law, to ensure that the wage records of any State
are available to any other State to the extent that such wage
records are required by the State in carrying out the State
plan of the State or completing the annual report described in
subsection (d).
``(2) Confidentiality.--In carrying out the requirements of
this Act, the State shall comply with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(j) System-Wide Improvements.--
``(1) Purpose.--The purpose of this subsection is to
establish system-wide improvements across all programs to
enhance data collection, ensure accountability and increase
administrative efficiencies in employment and training programs
that will expand the capacity and improve the performance of
the workforce system.
``(2) Development and implementation.--
``(A) In general.--The Secretary of Labor and the
Secretary of Education, after consultation with the
representatives described in subsection (h)(2), shall
develop system-wide performance measures across the
one-stop partner programs described in section 121(b)
to measure the collective effectiveness of the
workforce investment system in aligning and
coordinating the core programs and other one-stop
partner programs, employers as a meaningful system
partner to address businesses and other employer
immediate and long-term skilled workforce needs in in-
demand, high-growth, and other occupations important to
a State, regional, or local economy, expanding access
to education and training for participants (including
participants with barriers to employment), and
establishing or strengthening credential attainment and
measurement strategies. Not later than the beginning of
the third program year, the Secretary of Labor and the
Secretary of Education after consultation with the
representatives described in subsection (h)(2), shall
develop system-wide performance accountability
measures.
``(B) Benchmarks.--Not later than the beginning of
the third program year, each State shall include in the
State plan described in section 112 or the State
unified plan described in section 113 quantifiable
benchmarks that demonstrate annual improvement with
respect to each of the system-wide performance
indicators established under this section.
``(C) Requirements.--For each State, the system-
wide performance accountability measures shall consist
of--
``(i) the indicators of performance
described in paragraph (3) (A) through (D);
``(ii) any other indicators established by
the Secretary of Labor and the Secretary of
Education in consultation with the
representatives described in subsection (h)(2);
and
``(iii) a State adjusted level of
performance for each indicator described in
paragraph (3).
``(3) Indicators of performance.--The indicators of system-
wide performance shall be measured from baseline data collected
in the first year after the date of enactment of this
subsection and shall consist of the following:
``(A) Indicators of effectiveness in engaging
employers as a system partner.--The State indicators of
effectiveness in serving employers shall at a minimum
consist of--
``(i) the number and percentage of
employers in the State using one-stops;
``(ii) the total number of returning
employers in the State using one-stops and one-
stop partner program services, including
training;
``(iii) the number of training modules
created for specific employers or groups of
employers; and
``(iv) the size of each employer in the
State using one-stops and one-stop partner
programs services.
``(B) Indicators of expanded access to training
services.--The State indicators of expanded access to
training services shall at a minimum consist of--
``(i) the number and percentage of
participants who received training or education
services under a one-stop partner program;
``(ii) the number and percentage of
participants and youth with barriers to
employment who received services from a one-
stop partner program resulting in entry into an
education and training program that leads to
employment or a recognized postsecondary
credential;
``(iii) the total number and percentage of
participants concurrently enrolled in two or
more core programs, or in at least one other
one-stop partner program;
``(iv) the number and percentage of
participants engaged in career pathways; and
``(v) the total number and percentage of
participants who are enrolled and whose
training is co-funded by Pell grants or other
sources of financial aid.
``(C) Indicators of credential attainment and
measurement.--The State indicators of credential
attainment and measurement shall at a minimum consist
of the total number and percentage of recognized
postsecondary credentials earned during the program
year by, or awarded to, participants of programs
described in section 136(b)(3)(A)(i).
``(D) Additional indicators.--A State may identify
in a State plan additional system-wide performance
accountability indicators.
``(4) Levels of performance.--
``(A) State adjusted levels of performance for
system-wide performance accountability indicators.--
``(i) In general.--For each State
submitting a State plan under section 112 or
section 113, there shall be established, in
accordance with this paragraph, levels of
performance for each of the system-wide
performance accountability indicators that
shall measure aggregate performance for the
programs referred to in section 121(b)(1)(B),
and which may include data from programs
referred to in section 121(b)(2)(B).
``(ii) Identification in state plan.--Prior
to the third program year after enactment of
this Act, each State shall identify, in the
State plan, expected levels of performance for
each of the corresponding system-wide
performance accountability indicators under
subsection (j)(2) for each of the third and
fourth program years covered by the State plan.
``(iii) Agreement on state adjusted levels
of performance.--The State shall reach
agreement with the Secretary of Labor and the
Secretary of Education on levels of performance
for each indicator under subsection (j)(2) for
each of the third and fourth program years
covered by the State plan. In reaching the
agreement, the State and Secretaries shall take
into account the levels identified in the State
plan under clause (ii), and may take into
account the factors described in subsection
(c)(3)(A)(v).
``(B) Levels of performance for additional
indicators.--The State may identify, in the State plan,
State levels of performance for each of the additional
indicators identified under subsection (j)(2)(E). Such
levels shall be considered the State adjusted levels of
performance for purposes of this section.
``(C) Failure to meet system-wide performance
accountability measures.--If a State fails to meet
State adjusted levels of performance relating to
indicators described in paragraph (3) for any program
year the Secretary of Labor and the Secretary of
Education shall, upon request, provide technical
assistance, including assistance in the development of
a performance improvement plan.
``(5) Reports.--Not later than 1 year after the date of the
enactment of the Workforce Investment Act of 2012, the
Secretary of Labor shall report to the Committee on Education
and the Workforce on the indicators described in paragraph (2)
of this section and provide recommendations to the Committee on
improving coordination and increasing efficiencies in one-stop
partner programs.''.
SEC. 119. AUTHORIZATION OF FUNDING FOR ONE-STOP INFRASTRUCTURE.
Section 137 is amended by adding at the end the following:
``(d) One-Stop Infrastructure.--
``(1) Authorization of appropriations.--In addition to the
funds authorized under subsections (a), (b), and (c), there is
authorized to be appropriated an additional amount equal to 3
percent of the total of amounts appropriated under such
subsections, for costs of infrastructure including rental costs
and other expenses associated with establishing and maintaining
one-stop centers in accordance with section 121.
``(2) Allotment.--The Secretary shall allot the funds
appropriated pursuant to paragraph (1) for each fiscal year
among the States as follows:
``(A) Two-thirds of such sums shall be allotted on
the basis of the relative number of individuals in the
civilian labor force in each State as compared to the
total number of such individuals in all States.
``(B) One-third of such sums shall be allotted on
the basis of the relative number of unemployed
individuals in each State as compared to the total
number of such individuals in all States.
For purposes of this paragraph, the number of individuals in
the civilian labor force and the number of unemployed
individuals shall be based on data for the most recent calendar
year available, as determined by the Secretary.''.
Subtitle C--Job Corps
SEC. 131. PURPOSES.
Section 141(1) is amended to read as follows:
``(1) to maintain a national Job Corps program, carried out
in partnership with States and communities, to--
``(A) assist eligible youth to connect to the labor
force by providing them with intensive social,
academic, career and technical education, and service-
learning opportunities, in primarily residential
centers, in order for such youth to obtain secondary
school diplomas or recognized postsecondary credentials
leading to--
``(i) successful careers, in in-demand
industry sectors or occupations or the Armed
Forces, that will result in economic self-
sufficiency and opportunities for advancement;
or
``(ii) enrollment in postsecondary
education; and
``(B) support responsible citizenship;''.
SEC. 132. DEFINITIONS.
Section 142 is amended--
(1) in paragraph (2)--
(A) by striking ``customer service'';
(B) by striking ``intake'' and inserting
``assessment''; and
(C) by striking ``a Jobs Corps center'' and
inserting ``support the purposes of the Jobs Corps'';
(2) in paragraph (4), by striking ``before completing the
requirements'' and all that follows and inserting ``prior to
becoming a graduate.'';
(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 secondary school diploma or recognized
equivalent or completed the requirements of a career and
technical education and training program that prepares
individuals for employment leading to economic self-sufficiency
or entrance into postsecondary education or training.''; and
(4) in paragraph (9), by striking ``area served by a
regional office of the Employment and Training Administration''
and inserting ``defined by the Secretary''.
SEC. 133. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 is amended by adding at the end the following:
``(4) Special rule for veterans.--Notwithstanding the
requirement of paragraph (2), a veteran of the Armed Forces
shall be eligible to become an enrollee under this section if
the individual--
``(A) meets the requirements of paragraphs (1) and
(3); and
``(B) does not meet the requirement of paragraph
(2) because the military income earned by such
individual within the 6-month period prior to the
individual's application for Job Corps prevents the
individual from meeting such requirement.''.
SEC. 134. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
Section 145 is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C)(i), by striking
``vocational'' and inserting ``career and technical
education and training''; and
(B) by amending subparagraph (E) to read as
follows:
``(E) assure appropriate representation of
enrollees from urban areas and from rural areas.'';
(2) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) child welfare agencies that are responsible
for children in foster care and children eligible for
assistance under section 477 of the Social Security Act
(42 U.S.C. 677).'';
(3) in subsection (b)(1)(B), by inserting ``and agrees to
such rules'' after ``failure to observe the rules'';
(4) in subsection (c)--
(A) in paragraph (1) in the matter preceding
subparagraph (A), by striking ``an assignment'' and
inserting ``a'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``the Secretary shall,
every 2 years, analyze, for the Job Corps center--''
and inserting ``every 2 years the Secretary, in
consultation with operators of Job Corps centers, shall
analyze relevant factors relating to each Job Corps
center, including--'';
(C) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(D) in subparagraph (C)--
(i) by inserting ``the education, training,
and supportive'' after ``including''; and
(ii) by adding ``and'' after the semicolon;
and
(E) by adding at the end the following:
``(D) the performance of the Job Corps center
relating to the expected levels of performance for the
indicators described in section 159(c)(1), and whether
any actions have been taken with respect to such center
pursuant to paragraphs (2) and (3) of section
159(f).''; and
(5) 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''; and
(ii) by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(B) in paragraph (2), by striking ``to the home
of'' and inserting ``to the home of that offers the
career and technical education and training desired
by''.
SEC. 135. ENROLLMENT.
Section 146(b) is amended--
(1) in paragraph (1), by striking ``or''; and
(2) by redesignating paragraph (2) as paragraph (4) and
inserting after paragraph (1) the following:
``(2) in the case of an individual with a disability who
would reasonably be expected to meet the standards for a Job
Corps graduate, as defined under section 142(5), if allowed to
participate in the Job Corps for not more than 1 additional
year;
``(3) in the case of an individual who participates in
national service, as authorized by a Civilian Conservation
Center program, who would be granted an enrollment extension in
the Job Corps for the amount of time equal to the period of
national service; or''.
SEC. 136. JOB CORPS CENTERS.
Section 147 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``vocational'' both places it appears and
inserting ``career and technical''; and
(ii) in subparagraph (B), by inserting ``,
or other entity with the necessary capacity,''
after ``local entity''; and
(B) in paragraph (2)--
(i) in subparagraph (A), 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) in subparagraph (B)(i)--
(I) in subclause (II), by striking
``vocational'' and inserting ``career
and technical education and'';
(II) in subclause (III), by
striking ``is familiar with the
surrounding communities,'' and
inserting ``demonstrates relationships
with the surrounding communities,
employers, labor organizations,
workforce boards,''; and
(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 indicators of
performance for eligible youth
described in section
136(b)(2)(A)(ii).''; and
(2) 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 provide, in addition to academics, career and
technical education and training, and workforce preparation
skills training, programs of work experience to conserve,
develop, or manage public natural resources or public
recreational areas or to develop community projects in the
public interest.
``(2) Assistance during disasters.--Enrollees in Civilian
Conservation Centers may provide assistance in addressing
national, State, and local disasters, consistent with current
child labor laws and regulations. The Secretary of Agriculture
shall ensure that with respect to the provision of such
assistance the enrollees are properly trained, equipped,
supervised, and dispatched consistent with standards for the
conservation and rehabilitation of wildlife established under
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
``(3) National liaison.--The Secretary of Agriculture shall
designate a Job Corps National Liaison to support the agreement
under this section between the Departments of Labor and
Agriculture.''.
SEC. 137. PROGRAM ACTIVITIES.
Section 148 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Activities Provided by Job Corps Centers.--
``(1) In general.--Each Job Corps center shall provide
enrollees with an intensive, organized, and supervised program
of education, including English language acquisition programs,
career and technical education and training, work experience,
work-based learning, recreational activities, physical
rehabilitation and development, and counseling, which may
include information about financial literacy. Each Job Corps
center shall provide enrollees assigned to the center with
access to core services described in section 134(c)(2) and the
intensive services described in section 134(c)(3).
``(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) enroll in and complete secondary
education or postsecondary education or
training programs, including other suitable
career and technical education and training,
and registered apprenticeship programs; or
``(iii) satisfy Armed Forces requirements.
``(3) Link to employment opportunities.--The career and
technical education and training provided shall be linked to
the employment opportunities in the local area in which the
enrollee intends to seek employment after graduation.'';
(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 ``education and vocational'' and
inserting ``career and technical education'';
(C) by striking ``vocational educational'' and
inserting ``career and technical educational''; and
(D) by striking ``or technical institutes'' and
inserting ``technical institutes, or national service
providers'';
(3) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Benefits.--During the period of participation in an
advanced career training program, an enrollee shall be eligible
for full Job Corps benefits, or a monthly stipend equal to the
average value of the residential support, food, allowances, and
other benefits provided to enrollees assigned to residential
Job Corps centers.''; and
(B) in paragraph (3), by striking ``Each year,''
and inserting ``The Secretary shall develop standards
by which''; and
(4) by amending subsection (d) to read as follows:
``(d) Graduate Services.--In order to promote the retention of
graduates in employment or postsecondary education, the Secretary shall
arrange for the provision of job placement and support services to
graduates for up to 12 months after the date of graduation. One-stop
partners, may support the provision of these services, including
services from the State vocational rehabilitation agency to supplement
job placement and job development efforts for Job Corps graduates who
are individuals with disabilities.''.
SEC. 138. SUPPORT.
Section 150(b) is amended--
(1) in the subsection heading, by striking ``Readjustment
Allowances'' and inserting ``Transition Allowances and
Support'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking
``graduates'' and inserting ``allowances for
graduates'';
(B) in the first sentence, by striking
``readjustment'' and inserting ``transition''; and
(C) by striking the second and third sentences, and
inserting the following: ``The transition allowance
shall be incentive-based to reflect a graduate's
completion of academic, career and technical education
or training, and attainment of recognized postsecondary
credentials.''; and
(3) by amending paragraph (2) to read as follows:
``(2) Transition support for former enrollees.--The
Secretary may arrange for the provision of 3 months of
employment services for former enrollees.''.
SEC. 139. COMMUNITY PARTICIPATION.
Section 153 is amended--
(1) by amending subsections (a) and (b) to read as follows:
``(a) Business and Community Participation.--The director of each
Job Corps center shall ensure the establishment and development of the
business and community networks described in subsection (b) in order to
enhance the effectiveness of such centers. At centers where a national
training contractor provides career and technical education training,
and has direct and long-standing linkages to registered apprenticeship
programs or affiliated national employer groups, the national training
contractor shall have the lead in maintaining networks with the
programs described in clauses (ii) and (iii) of subsections (b)(1)(C).
``(b) Networks.--The activities carried out by each Job Corps
center under this section shall include--
``(1) establishing and developing relationships and
networks with--
``(A) local and distant employers, to the extent
practicable, in coordination with other Federal and
non-Federal programs that conduct similar outreach to
employers;
``(B) applicable one-stop centers and applicable
local boards, for the purpose of providing--
``(i) information to, and referral of,
potential enrollees; and
``(ii) job opportunities for Job Corps
graduates; and
``(C)(i) youth programs;
``(ii) registered apprenticeship programs, labor-
management organizations and local labor organizations;
``(iii) employers and contractors that support
national training contractor programs; and
``(iv) community-based organizations, non-profit
organizations, and intermediaries providing workforce
development-related services; and
``(2) establishing and developing relationships with
members of the community in which the Job Corps center is
located, informing members of the community about the projects
of the Job Corps center and changes in the rules, procedures,
or activities of the center that may affect the community, and
planning events of mutual interest to the community and the Job
Corps center.''; and
(2) in subsection (c)--
(A) by striking ``Liaison for'' and inserting
``director of a''; and
(B) by striking ``establish and develop'' and
inserting ``ensure the establishment and development
of''.
SEC. 140. INDUSTRY COUNCILS.
Section 154 is amended--
(1) in subsection (a), by striking ``after consultation
with the Liaison''; and
(2) in subsection (b)--
(A) in paragraph (1)(A)(ii), by striking ``area''
and inserting ``areas in which enrollees will be
seeking employment'';
(B) by adding after paragraph (2) the following:
``(3) Employers outside of local area.--The industry
council for a Job Corps center may include, or otherwise
provide for consultation with, employers from outside the local
area who are likely to hire a significant number of enrollees
from the Job Corps center.
``(4) Special rule for single state local areas.--In the
case of a single State local area designated under section
116(b), the industry council shall include a representative of
the State Board.''; and
(C) in subsection (c), by striking ``vocational''
each place it appears and inserting ``career and
technical education and''.
SEC. 141. EXPERIMENTAL, RESEARCH, AND DEMONSTRATION PROJECTS AND
COLLEGE CORPS PROGRAM.
(a) Miscellaneous Amendments.--Section 156 is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) by striking ``program and may waive'' and inserting
``program. The Secretary may waive''; and
(3) by inserting before the period the following: ``if the
Secretary informs the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives, in writing, not
less than 90 days in advance of issuing such waiver.''.
(b) College Corps.--Section 156 is further amended by adding at the
end the following new subsection:
``(b) College Corps.--
``(1) Establishment.--The Secretary of Labor and the
Secretary of Education shall jointly establish a demonstration
project under this section to be known as the `College Corps'
that provide at-risk youth intensive education and skills
training in order to prepare such youth for college and for
high-skilled employment that can only be achieved with a
college degree.
``(2) Selection of sites.--The Secretary of Labor and the
Secretary of Education shall jointly select sites to
participate, on a competitive basis, from among underperforming
Jobs Corps centers in areas with low levels of college
attainment.
``(3) Eligible operators.--The Secretary shall select
College Corps center operators on a competitive basis from
among nonprofit organizations with prior success operating
high-performing, college and career-ready education residential
programs for at-risk young people.
``(4) Administration projects.--
``(A) In general.--The Secretary shall administer
the College Corps sites in collaboration with the
Secretary of Education with the development of an
interagency agreement that identifies the duties and
responsibilities of the Departments under these
projects.
``(B) Partnerships.--As part of the interagency
agreement, the Secretary of Education will be
responsible for partnering with a State or local
education agency for the purposes of granting a high
school diploma that adheres to college and career ready
standards and accessing State and local education
dollars.
``(C) Deadline.--A grant, contract, or cooperative
agreement to operate at least one center shall be
awarded to an eligible operative within 1 year from
enactment.
``(5) Eligible participants.--Individuals eligible to
participate in College Corps projects under this subsection
shall be low-income youth who are in 6th or 7th grade at the
time they begin participation who meet at least two of the
following criteria:
``(A) Have a record of suspensions, office
referrals, or chronic truancy.
``(B) Have failed to achieve proficiency on State
assessment in mathematics, reading, or both.
``(C) Live in a household that is headed by a
single parent or non-custodial parent.
``(D) Is homeless or is a foster child.
``(E) Live in a household that is public housing or
receives public housing assistance.
``(F) Have an immediate family member who is or has
been incarcerated.''.
SEC. 142. TECHNICAL AMENDMENT.
Section 158(c)(1) is amended by striking ``title II of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481 et
seq.)'' and inserting ``chapter 5 of title 40, United States Code,''.
SEC. 143. PERFORMANCE ACCOUNTABILITY AND MANAGEMENT.
Section 159 is amended--
(1) in the section heading, by striking ``management
information'' and inserting ``performance accountability and
management''; and
(2) by striking subsections (c) through (f), redesignating
subsection (g) as subsection (j), and inserting after
subsection (b) the following:
``(c) Information on Indicators of Performance.--
``(1) Levels of performance and indicators.--The Secretary
shall annually establish expected levels of performance for Job
Corps centers and the Job Corps program relating to each of the
primary indicators of performance for eligible youth activities
described in section 136(b)(2)(A)(ii).
``(2) Performance of recruiters.--The Secretary shall also
establish performance indicators, and expected performance
levels on the performance indicators, for recruitment service
providers serving the Job Corps program. The performance
indicators shall relate to the number of enrollees recruited,
compared to the established goals for such recruitment, and the
number of enrollees who remain committed to the program for 90
days after enrollment.
``(3) Performance of career transition service providers.--
The Secretary also shall establish performance indicators, and
expected levels of performance for such indicators, for local
and national career transition service provides serving the Job
Corps program. The performance indicators shall include the
number of graduates and former enrollees--
``(A) who entered an unsubsidized employment
related to the training they received at Job Corps and
their average wage; and
``(B) who entered other types of unsubsidized
employment, the military, postsecondary education, or
advanced training programs, including registered
apprenticeship programs, and their average wage, if
applicable.
``(4) Report.--The Secretary shall collect, and annually
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives, a report
containing--
``(A) information on the performance of each Job
Corps center, and the Job Corps program, on the
performance indicators described in paragraph (1), as
compared to the expected level of performance
established under such paragraph for each performance
accountability measure; and
``(B) information on the performance of the service
providers described in paragraph (2) on the performance
indicators established under such paragraph, as
compared to the expected performance levels for the
performance indicators.
``(d) Additional Information.--
``(1) In general.--The Secretary shall also collect, and
submit in the report described in subsection (c), information
on the performance of each Job Corps center, and the Job Corps
program, regarding--
``(A) the number of enrollees entering and
completing by field of education or training;
``(B) demographic information on the enrollees
served, including age, race, gender, and education and
income level;
``(C) the number of graduates who entered the Armed
Forces;
``(D) the number of graduates who entered
unsubsidized employment related to the career and
technical education and training received through the
Job Corps program and the number who entered
unsubsidized employment not related to the education
and training received;
``(E) the starting hourly wages of graduates and
whether they receive other forms of compensation and
benefits;
``(F) the number and percentage of former
enrollees, including the number dismissed under the
zero tolerance policy described in section 152(b); and
``(G) any additional information required by the
Secretary.
``(2) Rules for reporting of data.--The disaggregation of
data under this subsection shall not be required when the
number of individuals in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an individual.
``(e) Methods.--The Secretary shall collect the information
described in subsections (c) and (d), using methods described in
section 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) Performance Assessments and Improvements.--
``(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based
on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
``(2) Performance improvement.--With respect to a Job Corps
center that fails to meet the expected levels of performance
relating to the primary indicators of performance specified in
subsection (c)(1), the Secretary shall develop and implement a
performance improvement plan. Such a plan shall require action
to be taken during a one-year period, including--
``(A) providing technical assistance to the center;
``(B) changing the career and technical education
and training offered at the center;
``(C) changing the management staff of the center;
``(D) replacing the operator of the center;
``(E) reducing the capacity of the center;
``(F) relocating the center; or
``(G) closing the center.
``(3) Additional performance improvement.--In addition to
the performance improvement plans required under paragraph (2),
the Secretary may develop and implement additional performance
improvement plans. Such a plan shall require improvements,
including the actions described in such paragraph, for a Job
Corps center that fails to meet criteria established by the
Secretary other than the expected levels of performance
described in such paragraph.
``(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that fails to meet the expected
levels of performance relating to the primary indicators of
performance specified in subsection (c)(1), or fails to improve
performance as described in paragraph (2), the Secretary, in
consultation with the Secretary of Agriculture, may select an
entity to operate a Civilian Conservation Center on a
competitive basis, in accordance with the requirements of
section 147(a)(2)(B).
``(g) Participant Health and Safety.--The Secretary shall require
that an entity that has entered into a contract with a Job Corps
operator to provide work-based learning activities for any Job Corps
enrollee under this subtitle shall comply with the Occupational Safety
and Health Act of 1970 (20 U.S.C. 651 et seq.) or, as appropriate,
under the corresponding State Occupational Safety and Health Act of
1970 requirements in the State in which such activities occur.
``(h) Buildings and Facilities.--The Secretary shall collect, and
submit in the report described in subsection (c), information regarding
the state of Job Corps buildings and facilities. Such report shall
include--
``(1) a review of requested construction, rehabilitation,
and acquisition projects, by each Job Corps center; and
``(2) a review of new facilities under construction.
``(i) National and Community Service.--The Secretary shall include
in the report described in subsection (c) available information
regarding the national and community service activities of enrollees,
particularly those enrollees at Civilian Conservation Centers.''.
SEC. 144. AUTHORIZATION OF APPROPRIATIONS.
Section 161 is amended by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2012 through 2016''.
Subtitle D--National Programs
SEC. 151. NATIVE AMERICAN PROGRAMS.
Section 166 is amended--
(1) in subsection (a)(1)(B), by inserting ``and to equip
them with the entrepreneurial skills necessary for successful
self-employment'' after ``workforce'';
(2) in subsection (c)(2), by adding at the end the
following: ``The Secretary may exercise the waiver authority of
the preceding sentence not more than once during any 4-year
period with respect to any single recipient.'';
(3) in subsection (d)--
(A) in paragraph (1)(B)--
(i) by inserting ``Alaska Natives'' after
``Indians'';
(ii) by striking ``unsubsidized''; and
(iii) by inserting ``leading to self-
sufficiency and the development of the
academic, occupational, and literacy skills of
such individuals'' before the period; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by inserting
``, including training on entrepreneurial
skills'' before the semicolon; and
(ii) in subparagraph (A)(ii), by inserting
``Alaska Native'' after ``Indian'';
(4) in subsection (e)--
(A) in paragraph (3)--
(i) by striking ``unsubsidized''; and
(ii) by inserting ``leading to self-
sufficiency'' before the semicolon; and
(B) in paragraph (5)--
(i) by inserting ``accountability'' after
``performance''; and
(ii) by inserting ``, which shall include
the primary indicators of performance described
in section 136(b)(2)(A) and expected levels of
performance for such indicators, in accordance
with subsection (h)'' before the period;
(5) by redesignating subsections (h) through (j) as
subsections (i) through (k), respectively, and inserting after
subsection (g) the following new subsection:
``(h) Performance Accountability Measures.--
``(1) Additional performance indicators and standards.--
``(A) Development of indicators and standards.--The
Secretary, in consultation with the Native American
Employment and Training Council, shall develop a set of
performance indicators and standards that is in
addition to the primary indicators of performance
described in section 136(b)(2)(A) and that shall be
applicable to programs under this section.
``(B) Special considerations.--Such performance
indicators and standards shall take into account--
``(i) the purpose of this section as
described in subsection (a)(1);
``(ii) the needs of the groups served by
this section, including the differences in
needs among such groups in various geographic
service areas; and
``(iii) the economic circumstances of the
communities served, including differences in
circumstances among various geographic service
areas.
``(C) Agreement on adjusted levels of
performance.--The Secretary and the entity described in
subsection (c) shall reach agreement on the levels of
performance for each of the primary indicators of
performance described in section 136(b)(2)(A), taking
into account economic conditions, characteristics of
the individuals served, and other appropriate factors
and using, to the extent practicable, the statistical
adjustment model under section 136(b)(3)(A)(viii). The
levels agreed to shall be the adjusted levels of
performance and shall be incorporated in the program
plan.'';
(6) in subsection (i) (as so redesignated)--
(A) in paragraph (2)(A)--
(i) by striking ``performance measures''
and inserting ``regulations relating to the
performance accountability measures''; and
(ii) by striking ``such subsection, taking
into account the economic circumstances of such
entities'' and inserting ``this section''; and
(B) in paragraph (4)(A), by inserting ``and to
provide the advice described in subparagraph (C)''
before the period; and
(7) in subsection (k) (as so redesignated)--
(A) in paragraph (1) by striking ``American Samoans
who reside in Hawaii for the co-location of federally
funded and State-funded'' and inserting ``the Cook
Inlet Tribal Council, Incorporated, and the University
of Hawaii at Maui, for the unique populations who
reside in Alaska or Hawaii, respectively, to improve
job training and''; and
(B) in paragraph (2), by striking ``fiscal year
1999'' and inserting ``each of fiscal years 2012
through 2016''.
SEC. 152. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 is amended--
(1) in subsection (b)--
(A) by inserting ``and deliver'' after
``administer''; and
(B) by inserting ``workforce investment'' after
``including youth'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``identify'' and
inserting ``describe the population to
be served and identify''; and
(II) by inserting ``, including
upgraded employment in agriculture''
before the semicolon;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (C)--
(I) by striking ``indicators of
performance'' and inserting
``performance accountability
measures''; and
(II) by inserting ``, which shall
include the expected levels of
performance for the primary indicators
of performance described in section
136(b)(2)(A)'' before the semicolon;
and
(iv) by inserting after subparagraph (C)
the following new subparagraphs:
``(D) describe the availability and accessibility
of local resources such as supportive services,
services provided through one-stop delivery systems,
and education and training services, and how the
resources can be made available to the population to be
served; and
``(E) describe the plan for providing services
under this section, including strategies and systems
for outreach, career planning, assessment, and delivery
through one-stop delivery systems.'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively, and inserting
after paragraph (2) the following new paragraph:
``(3) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (b) shall
reach agreement on the levels of performance for each of the
primary indicators of performance described in section
136(b)(2)(A), taking into account economic conditions,
characteristics of the individuals served, and other
appropriate factors, and using, to the extent practicable the
statistical adjustment model under section 136(b)(3)(A)(viii).
The levels agreed to shall be the adjusted levels of
performance and shall be incorporated in the program plan.'';
and
(C) in paragraph (5)(B) (as so redesignated)--
(i) by striking ``grant or contract'' the
first place it appears and inserting ``grant,
contract, or agreement'';
(ii) by striking ``under the terms of the
grant agreement or contract'';
(iii) by striking ``requirement'' and
inserting ``requirements'';
(iv) by striking ``plan described in
paragraph (1)'' and inserting ``program plan'';
and
(v) by striking ``grant or contract'' the
second place it appears and inserting ``period
of the grant, contract, or agreement'';
(3) by amending subsection (d) to read as follows:
``(d) Authorized Activities.--Funds made available under this
section and section 127 shall be used to carry out workforce investment
activities (including youth workforce investment activities) and
provide related assistance for eligible migrant and seasonal
farmworkers, which may include--
``(1) outreach, employment, training, educational
assistance, literacy assistance, English language and literacy
instruction, pesticide and worker safety training, housing
(including permanent housing), supportive services, and school
dropout prevention activities;
``(2) followup services for those individuals placed in
employment;
``(3) self-employment and related business or micro-
enterprise development education as needed by eligible
individuals as identified pursuant to the plan required by
subsection (c);
``(4) customized career and technical education in
occupations that will lead to higher wages, enhanced benefits,
and long-term employment in agriculture or another area; and
``(5) technical assistance to improve coordination of
services and implement best practices relating to service
delivery through one-stop delivery systems.'';
(4) by amending subsection (f) to read as follows:
``(f) Regulations.--The Secretary shall establish regulations to
carry out this section, including regulations relating to how economic
and demographic barriers to employment of eligible migrant and seasonal
farmworkers should be considered and included in the negotiations
leading to the adjusted levels of performance described in subsection
(c).'';
(5) in subsection (g), by striking ``(enacted by the Single
Audit Act of 1984)''; and
(6) by amending subsection (h) and deleting subsection (i)
to read as follows:
``(h) Funding Allocation.--From the funds appropriated and made
available to carry out this section, the Secretary may reserve not more
than 1 percent for national purposes, such as providing technical
assistance to eligible entities.''.
SEC. 153. VETERANS WORKFORCE INVESTMENT PROGRAMS.
Section 168 is amended--
(1) in subsection (a)(3)(A), by inserting ``, including
services provided by one-stop operators and one-stop partners''
before the semicolon;
(2) in subsection (b)(2)(A), by inserting
``accountability'' after ``performance''; and
(3) by adding at the end of subsection (b) the following
new paragraph:
``(3) Performance accountability measures.--In carrying out
the responsibilities relating to performance accountability
measures described in paragraph (2)(A), the Assistant Secretary
for Veterans' Employment and Training shall, for each grant or
contract under this section providing education, training, or
employment services to veterans, include among such measures
the primary indicators of performance described in section
136(b)(2)(A)(i) and adjusted levels of performance for each
such indicator that are agreed to by the Assistant Secretary
and the recipient of the grant or contract.''.
SEC. 154. REPEAL.
Section 169 is repealed.
SEC. 155. TECHNICAL ASSISTANCE.
Section 170 is amended by adding at the end the following new
subsection:
``(c) Promising and Proven Practices Coordination.--Consistent with
the identification and dissemination of promising and proven practices
under subtitle B of title I, the Secretary shall--
``(1) establish a system through which States and local
areas share information regarding promising and proven
practices with regard to the operation of workforce investment
activities under this Act;
``(2) evaluate and disseminate information regarding such
promising and proven practices and identify knowledge gaps; and
``(3) commission research under section 170(c) to address
knowledge gaps identified under paragraph (2).''.
SEC. 156. INNOVATION PROJECTS.
Section 171 is amended--
(1) in the section heading, by striking ``demonstration,
pilot, multiservice, research and multistate projects'' and
inserting ``innovation projects'';
(2) by amending subsections (b) and (c) to read as follows:
``(b) Innovation Projects.--
``(1) In general.--The Secretary shall, through grants or
contracts, carry out demonstration and pilot projects that are
consistent with the priorities specified in the plan published
under subsection (a) and that are for the purposes of
developing and implementing techniques and approaches, and
demonstrating the effectiveness of specialized methods, in
addressing employment and training needs. Such projects shall--
``(A) include the provision of direct services to
individuals;
``(B) be subject to measures of performance that
include the primary indicators of performance described
in section 136(b)(2)(A) as well as other appropriate
indicators; and
``(C) include an evaluation component as
appropriate to the program design.
``(2) Types of projects.--Such projects may include--
``(A) projects that assist employers in connecting
with the workforce investment system established under
this Act in order to facilitate the recruitment,
employment, and retention of workers for jobs with
career pathways and to provide information to such
system on skills and high-growth occupations;
``(B) projects that focus on opportunities for
employment in industries and sectors of industries that
are experiencing, or are likely to experience, high
rates of growth, including health care and advanced
manufacturing sectors, and have jobs with wages and
benefits leading to economic self-sufficiency;
``(C) projects that focus on local partnerships of
industry, labor, community colleges, area career and
technical education centers community-based
organizations, and economic development organizations,
to promote opportunities for dislocated workers and
long-term unemployed to receive training and related
services for employment and access to career ladders in
high-demand sectors;
``(D) projects to determine the feasibility of, and
potential means to replicate, measuring the
compensation, including the wages, benefits, and other
incentives provided by an employer, received by program
participants by using data other than or in addition to
data available through wage records, for potential use
as a performance indicator;
``(E) projects to develop and implement promising
or proven approaches and technologies, including the
use of distance education and activities to increase
the digital literacy of older individuals, in order to
deliver employment related, work-based training
services and recognized postsecondary credentials;
``(F) projects that provide retention grants, which
grants shall--
``(i) be provided to job training and
apprenticeship programs that have demonstrated
expertise in serving low-income individuals and
that offer instruction, assessment, and
professional coaching, for each low-income
individual who is retained in such employment
with such employer for a period of 1 year; and
``(ii) be provided taking into account the
economic benefit received by the Federal
Government from the employment and retention of
the individual, including the economic benefit
from tax revenue and decreased public
subsidies;
``(G) projects utilizing a pay-for-performance
approach for providers of education, training, and
employment services to individuals with barriers to
employment, including services targeted to addressing
the specific challenges and conditions that have
created barriers for participants in programs under
this Act;
``(H) projects that provide comprehensive education
and training services, and support services, in
coordination with local boards, for populations in
targeted high poverty areas where the greatest barriers
to employment exist, including ex-offenders, out-of-
school youth, and public assistance recipient
populations; and
``(I) projects that seek to replicate exemplary
youth programs that have demonstrated effectiveness in
2 or more noncontiguous local areas in preparing youth
for success in the workforce.
``(3) Conditions.--
``(A) Competitive awards.--Grants or contracts
awarded for carrying out demonstration and pilot
projects under this subsection shall be awarded on a
competitive basis and in accordance with generally
applicable Federal requirements.
``(B) Time limits.--The Secretary shall establish
appropriate time limits for carrying out demonstration
and pilot projects under this subsection.''; and
(3) in subsection (e)(7), by striking ``(Public Law 109-
58)'' and inserting ``(42 U.S.C. 15852)''.
SEC. 157. WORKFORCE AND YOUTH INNOVATION AND BEST PRACTICES GRANTS.
The Workforce Investment Act of 1998 is further amended by
inserting after section 171 the following new sections:
``SEC. 171A. WORKFORCE INNOVATION AND BEST PRACTICES GRANTS.
``(a) Purpose.--It is the purpose of this section to--
``(1) promote the development of comprehensive workforce
investment systems at the State, regional, and local levels
that reflect the alignment of strategies and activities across
the core programs and, where appropriate, across other
workforce development, education, economic development, and
human services programs, to provide effective, high quality,
and client-centered services to job seekers and workers, youth,
and employers;
``(2) promote innovation and to improve, replicate, and
expand models and service delivery strategies of demonstrated
effectiveness in meeting the education, training, and
employment needs of job seekers and workers, and youth,
including such individuals with barriers to employment, and
employers; and
``(3) establish and improve programs for youth that provide
access to career pathways that include the attainment of a
recognized postsecondary credential or employment that leads to
economic self-sufficiency.
``(b) Program Authorized.--From amounts appropriated to carry out
this section, the Secretary of Labor and the Secretary of Education, in
accordance with section 176, shall--
``(1) for the first program year that begins after the date
of enactment of the Workforce Investment Act of 2012, award
transition grants in accordance with section 175; and
``(2) with funds not awarded for transition grants under
paragraph (1) for the first program years that begins after the
date of enactment of the Workforce Investment Act of 2012, and
for subsequent years, award workforce innovation and best
practices grants to eligible entities in accordance with
subsection (c).
``(c) Workforce Innovation and Best Practices Grants to Eligible
Entities.--
``(1) In general.--From funds described in subsection
(b)(1), the Secretary of Labor and the Secretary of Education
shall award workforce innovation and replication grants on a
competitive basis to eligible entities in accordance with
paragraph (2) to be used for the purposes set forth in
subsection (a).
``(2) Eligible entities.--
``(A) In general.--To be eligible to receive a
grant under this subsection, a State partnership or
regional entity shall meet the requirements of this
paragraph, submit an application in accordance with
subsection (e), and be in partnership with one or more
of the following:
``(i) A nonprofit organization with
relevant expertise, including a community-based
organization.
``(ii) An institution of higher education,
including a community college.
``(iii) A joint labor-management
partnership.
``(B) State partnership.--For a State partnership
to be eligible for funding under this subsection, a
Governor of a State shall--
``(i) submit the application in partnership
with the State board and with 1 or more
regional entities in the State described in
subparagraph (C); and
``(ii) demonstrate that the State has--
``(I) aligned the core programs;
``(II) made significant progress
towards aligning the core programs with
other workforce investment programs;
and
``(III) achieved the alignments
described in subclauses (I) and (II)
consistent with the State plan.
``(C) Regional entities.--To be identified as a
regional entity and to be eligible for funding under
this subsection, a local board for a local area that is
aligned with a region, or all of the local boards for
local areas that comprise a planning region under
section 116(c), shall demonstrate that--
``(i) the application has been developed in
consultation with the State and is not
duplicative of other applications under this
subsection submitted by a State partnership;
and
``(ii) the local board, or all of the local
boards for the planning region, has--
``(I) worked with the core programs
to achieve alignment of such programs
in the region;
``(II) made significant progress
towards aligning the core programs with
other workforce investment programs in
the region; and
``(III) achieved the alignments
described in subclauses (I) and (II)
consistent with the State plan.
``(d) Types of Grants Authorized.--
``(1) In general.--From amounts appropriated to carry out
this section, the Secretary of Labor and the Secretary of
Education shall award eligible entities one or more of the
following:
``(A) Planning grant.--The Secretary of Labor and
the Secretary of Education may award a planning grant
under this section, not to exceed a total of $250,000
for a 1-year period, to an eligible entity that--
``(i) is preparing to establish an
innovative workforce investment project; and
``(ii) has not received a grant under this
section.
``(B) Innovation grant.--The Secretaries may award
an innovation grant under this section, not to exceed a
total of $3,000,000 for a 2-year period to an eligible
entity that--
``(i) has already received a planning grant
under this section; or
``(ii) has already established an
innovative workforce investment project.
``(C) Sustainability grant.--The Secretaries may
award a sustainability grant, not to exceed a total of
$2,000,000 for a 2-year period or $5,000,000 for a 5-
year period, to an eligible entity that--
``(i) has established an innovative
workforce investment project that has
demonstrated measurable improvements as
measured by the performance measures set forth
in section 136; and
``(ii) seeks to expand or replicate that
project on the State, local, or regional level.
``(2) Federal and non-federal share.--The Federal share for
the grants described in paragraph (1) shall be--
``(A) for a planning grant described in paragraph
(1)(A), 100 percent;
``(B) for an innovation grant described in
paragraph (1)(B)--
``(i) 90 percent of the costs of the
activities carried out under the grant, in the
first year of the grant;
``(ii) 80 percent of such costs in the
second year of the grant; and
``(iii) 70 percent of such costs in the
third year of the grant; and
``(C) for a sustainability grant described in
paragraph (1)(C)--
``(i) for an eligible entity that receives
a 2-year grant--
``(I) not more than 50 percent of
the costs of the activities carried out
under the grant, in the first year of
the grant; and
``(II) not more than 30 percent of
such costs in the second year of the
grant; and
``(ii) for an eligible entity that receives
a 5-year grant--
``(I) not more than 70 percent of
the costs of the activities carried out
under the grant, in the first year of
the grant;
``(II) not more than 60 percent of
such costs in the second year of the
grant;
``(III) not more than 50 percent of
such costs in the third year of the
grant;
``(IV) not more than 40 percent of
such costs in the fourth year of the
grant; and
``(V) not more than 30 percent of
such costs in the fifth year of the
grant.
``(3) Non-federal share.--The non-Federal share of an
innovation or sustainability grant under this section may be in
cash or in-kind, and may come from State, local, philanthropic,
private, or other resources.
``(4) Financial hardship waiver.--The Secretary of Labor
and the Secretary of Education may waive or reduce the matching
share of an eligible entity that has submitted an application
under this subsection if such entity demonstrates a need for
such waiver or reduction due to financial hardship as defined
by the Secretary of Labor and the Secretary of Education.
``(5) Fiscal agent.--Each eligible entity that is a State
consortia or partnership receiving a grant under this
subsection shall designate an entity in the partnership as the
fiscal agent for purposes of this grant.
``(6) Supplement not supplant.--Federal funds awarded under
this section shall be used to supplement, not supplant non-
Federal resources that would be used to support activities
carried out as part of the innovative workforce investment
project.
``(7) Grant period.--
``(A) Planning grants.--Grants awarded under
paragraph (1)(A) shall be made for a period of not
longer than 1 year.
``(B) Innovation grant.--Grants awarded under
paragraph (1)(B) shall be made for a period of no
longer than 3 years.
``(C) Sustainability grant.--Grants awarded under
paragraph (1)(C) shall be made for a period of no
longer than 5 years.
``(e) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary of Labor and the
Secretary of Education at such time, in such manner, and containing
such information as the Secretary of Labor and the Secretary of
Education may require. An application submitted under this paragraph
may include the following:
``(1) A description of the eligible entity, evidence of the
eligible entity's capacity to carry out activities in support
of the strategic objectives identified in the application under
paragraph (4), and, if the eligible entity is a partnership, a
description of the expected participation and responsibilities
of each of the partners.
``(2) A description of the industry or targeted industry
cluster that will be served through the project, including a
description of how the skilled workforce needs of small- and
medium-sized employers connected with that industry or
industries will be addressed.
``(3) A description of the target worker populations to be
served through the project, including a description of target
worker populations with significant barriers to employment and
a description of strategies that will be used to help overcome
such barriers.
``(4) A description of the strategic objectives that the
eligible entity seeks to achieve through the funded project
for--
``(A) implementing career pathways strategies,
which may include--
``(i) providing clear linkages between
remedial, academic and occupational programs
within educational institutions, and
articulation of credits across institutions;
``(ii) designing curricula in terms of
competencies required for education and career
advancement, and, where possible, tied to
industry skill standards, certifications or
licensing requirements including those
developed by industry or sector partnerships;
``(iii) offering programs at times and
places (including workplaces) convenient for
working adults and structured in small modules
or `chunks', each leading to recognized
credential;
``(iv) allowing flexibility to enter and
exit education as participants' circumstances
permit;
``(v) providing support services, including
career assessment and counseling, case
management, child care, transportation,
financial aid and job placement;
``(vi) creating `bridge programs' for
educationally disadvantaged youths and adults
that teach basic skills such as office
communication, math and problem solving in the
context of training for advancement to better
jobs and postsecondary training; and
``(vii) aligning both public and private
funding sources, such as the Carl D. Perkins
Career and Technical Education Act, Workforce
Investment Act, Adult Education and Family
Literacy Act, Temporary Assistance to Needy
Families, State and Federal financial aid, and
employer tuition reimbursement;
``(B) implementing industry or sector partnerships,
which may include-
``(i) recruiting key stakeholders in the
targeted industry cluster, such as multiple
businesses and employers, labor organizations,
local boards, and education and training
providers, and regularly convening the
stakeholders in a collaborative structure that
supports the sharing of information, ideas, and
challenges common to the targeted industry
cluster;
``(ii) identifying the training needs of
multiple businesses, especially skill gaps
critical to competitiveness and innovation in
the targeted industry cluster;
``(iii) facilitating economies of scale by
aggregating training and education needs of
multiple employers;
``(iv) helping postsecondary educational
institutions, training institutions,
apprenticeship programs, area career and
technical education centers, and all other
training programs authorized under this Act,
align curricula, entrance requirements and
programs to industry demand and nationally
portable, recognized postsecondary credentials
(or, if not available for the targeted
industry, other credentials, as determined
appropriate by the Secretary), particularly for
higher skill, high-priority occupations
validated by the industry;
``(v) ensuring that the State agency
carrying out the State program under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.),
including staff of the agency that provide
services under such Act, shall inform
recipients of unemployment insurance of the job
and training opportunities that may result from
the implementation of this grant;
``(vi) informing and collaborating with
organizations such as youth councils, business-
education partnerships, apprenticeship
programs, secondary schools, and postsecondary
educational institutions, and with parents and
career counselors, for the purpose of
addressing the challenges of connecting
disadvantaged adults and disadvantaged youth as
defined in section in this Act to careers;
``(vii) helping companies identify, and
work together to address, common organizational
and human resource challenges, such as--
``(I) recruiting new workers;
``(II) implementing effective
workplace practices;
``(III) retraining dislocated and
incumbent workers;
``(IV) implementing a high-
performance work organization;
``(V) recruiting and retaining
women in nontraditional occupation;
``(VI) adopting new technologies;
and
``(VII) fostering experiential and
contextualized on-the-job learning;
``(viii) developing and strengthening
career ladders within and across companies, in
order to enable dislocated, incumbent and
entry-level workers to improve skills and
advance to higher-wage jobs;
``(ix) improving job quality through
improving wages, benefits, and working
conditions;
``(x) helping partner companies, industry
or sector partnerships to attract potential
employees from a diverse job seeker base,
including individuals with barriers to
employment (such as job seekers who are low
income, youth, older workers, and individuals
who have completed a term of imprisonment), by
identifying such barriers through analysis of
the existing labor market and implementing
strategies to help such workers overcome such
barriers; and
``(xi) strengthening connections among
businesses in the targeted industry cluster,
leading to cooperation beyond workforce issues
that will improve competitiveness and job
quality, such as joint purchasing, market
research, or centers for technology and
innovation; and
``(C) implementing credential attainment and
measurement strategies, which may include--
``(i) establishing a cross agency committee
(such as the State workforce investment board,
a legislative task force, a P-20 Council, or
some other agreed upon group) that is
specifically focused on low and middle skill
education and training outcomes to measure
credential attainment through the State's
workforce investment and training programs,
by--
``(I) tracking, counting, measuring
and public reporting credential
attainment rates for all programs
providing education and training beyond
a high school diploma but less than a
4-year degree;
``(II) measuring the result of
workforce training programs leading to
an recognized postsecondary credential,
certificate of degree;
``(III) establishing statewide
policies, goals, and guidelines for the
collection of credential outcome data
for all employment and training
programs and related programs and
services within the State;
``(IV) engaging other related
departments and agencies that may have
data or are involved in activities
related to workforce development and
job training;
``(V) establishing standards and
data collection infrastructure to
assess the number of industry-
recognized middle skill credentials or
certificates produced through Federal
or State programs, and their relation
to labor market needs;
``(VI) setting credential
attainment goals in high demand
industry sector then monitor and
measure progress over time; and
``(VII) providing an annual
assessment and report to the Governor
and Legislature about the type of
credential outcomes produced by
programs and provide recommendations to
better align efforts across agencies to
meet employer demand;
``(ii) ensuring the collection of
credential outcome data from a range of public
workforce and education programs to ensure
State agencies and programs are increasing the
number of workers with the skills and
credentials needed to fill the projected demand
for middle and high skilled jobs;
``(iii) using the data in order to assess
workforce system outcomes, establish credential
attainment goals, measure progress, and hold
agencies accountable to increase the skills of
the workforce; and
``(iv) developing a comprehensive workforce
system report that provides individual agency
outcomes and statewide representation of the
credential attainment outcomes of the State's
workforce investment system.
``(5) A description of a pay-for-performance approach for
providers of education, training, and employment services to
individuals with barriers to employment, including services
targeted to addressing the specific challenges and conditions
that have created barriers for participants in programs under
this Act.
``(f) Award Basis.--
``(1) Geographic distribution.--The Secretary of Labor and
the Secretary of Education shall award competitive grants under
this section in a manner to ensure geographic diversity.
``(2) Priorities.--In awarding grants under this section,
the Secretaries shall give priority to eligible entities that--
``(A) provide evidence of past or current
investments in workforce innovation projects that
incorporate one or more of the priority strategies;
``(B) focus on addressing the skill needs of
multiple employers, including small- and medium-sized
businesses; or
``(C) target services to low-income individuals,
low-skill individuals, long-term unemployed, and other
populations with barriers to employment.
``(g) Activities.--
``(1) In general.--An eligible entity receiving a grant
under this section shall carry out the activities necessary to
meet the strategic objectives, including planning activities if
applicable, described in the entity's application in a manner
that--
``(A) integrates services and funding sources in a
way that enhances the effectiveness of the activities;
and
``(B) uses grant funds awarded under this section
efficiently.
``(2) Administrative costs.--An eligible entity may retain
a portion of a grant awarded under this section for a fiscal
year to carry out the administration of this section in an
amount not to exceed 5 percent of the grant amount.
``(h) Evaluation and Progress Reports.--
``(1) In general.--Not later than 1 year after receiving a
grant under this section, and annually thereafter during the
grant period, an eligible entity shall report to the Secretary
of Labor and the Secretary of Education, and to the Governor of
the State that the eligible entity serves, on the spending and
activities funded pursuant to a grant under this section,
including an evaluation of the progress the eligible entity has
made toward the strategic objectives identified in the
application and measure the progress using the performance
accountability measures identified in the application.
``(2) Public availability.--The Secretary shall transmit
such reports to the Congress and make such reports available to
the public.
``(i) Administration by the Secretaries.--
``(1) Administrative costs.--The Secretaries may jointly
retain a total of not more than 3 percent of the funds
appropriated to carry out this section for each fiscal year to
administer this section, including technical assistance and
evaluation activities.
``(2) Technical assistance and oversight.--The Secretaries
shall provide technical assistance and oversight to assist the
eligible entities in applying for and administering grants
awarded under this section, including technical assistance and
through the collection and dissemination of information on best
practices.
``(3) Performance accountability measures.--The Secretaries
shall issue a range of performance measures, with quantifiable
benchmarks, and methodologies that eligible entities may use to
evaluate the effectiveness of each type of activity in making
progress toward the strategic objectives described in the
application. Such measures shall consider the benefits of the
innovative workforce development projects and its activities
for workers, firms, industries, and communities.
``(4) Dissemination.--The Secretaries shall--
``(A) coordinate the annual review of each eligible
entity receiving a grant under this section and produce
an overview report that, at a minimum, includes each
funded project and best practices identified;
``(B) make resource materials, including all
reports published and all data collected under this
section, available on the Internet; and
``(C) conduct conferences and seminars to--
``(i) disseminate information on best
practices developed by eligible entities
receiving a grant under this section; and
``(ii) provide information to interested
stakeholders.
``(5) Report to congress.--Not later than 24 months after
the date of enactment of the Workforce Investment Act of 2012
and on an annual basis thereafter, the Secretaries shall
transmit a report to Congress on the grant program established
by this section. The report shall include a description of--
``(A) the eligible entities receiving funding;
``(B) the spending and activities carried out by
the eligible entities;
``(C) how the eligible entities were selected to
receive funding under this section; and
``(D) an assessment of the results achieved by the
grant program including findings from the annual
reviews conducted under subsection (i).
``SEC. 171B. YOUTH INNOVATION AND BEST PRACTICES GRANTS.
``(a) Program Authorized.--
``(1) In general.--The Secretary of Labor and the Secretary
of Education, shall--
``(A) for the first program year that begins after
the date of enactment of the Workforce Investment Act
of 2012, award transition grants in accordance with
section 176; and
``(B) with funds not awarded for transition grants
under paragraph (1) for the first program year that
begins after the date of enactment of the Workforce
Investment Act of 2012, and with the funds reserved for
each program year thereafter, award youth innovation
and replication grants to eligible entities described
in subsection (c) for the purposes described in
subsection (b).
``(b) Authorization and Purpose of Grants.--
``(1) In general.--From funds appropriated pursuant to
section 174, the Secretary of Labor and the Secretary of
Education shall award youth innovation and replication grants
on a competitive basis to eligible entities described in
subsection (c).
``(2) Use of funds.--The grants awarded under this section
shall be used to support the demonstration of innovative new
strategies and activities, or the replication and expansion of
effective evidence-based strategies and activities that are
designed to substantially improve education and employment
outcomes for eligible youth, including preparation for post
secondary education and training and for careers. Such
strategies and activities shall include--
``(A) establishing career pathways in in-demand
industry sectors and occupations for eligible youth, in
collaboration with other Federal, State, and local
programs, and public and private entities;
``(B) developing and implementing a comprehensive
strategy, for an area of high poverty, that provides
education and training programs, resources, and other
activities that prepare youth for postsecondary
education and training and for employment that leads to
economic self-sufficiency;
``(C) developing and implementing strategies and
activities that provide opportunities for youth with
disabilities to receive education, training, and
employment services that lead to a recognized
postsecondary credential or integrated, competitive
employment, including through incorporating elements of
the individualized education program and related
services under the Individuals with Disabilities in
Education Act;
``(D) developing and implementing evidence-based
strategies and activities, such as--
``(i) education offered concurrently and
contextually with workforce preparation and
training for a specific occupation or
occupational cluster;
``(ii) career academies;
``(iii) dropout prevention and recovery
strategies;
``(iv) paid or unpaid work experience,
including summer employment opportunities and
employment opportunities available throughout
the school year, combined with academic
learning leading to a recognized postsecondary
credential;
``(v) innovative programs for youth facing
multiple barriers to employment that arrange
for the provision of or provide supportive
services combined with education, training,
including preparation for postsecondary
education and training, or employment
activities; or
``(vi) to include youth service and
conservation corps programs in which a project
undertaken is credited as qualifying experience
for higher education, job training, or careers
in public service; or
``(E) other evidence-based strategies or activities
designed to improve the education and employment
outcomes for youth.
``(c) Eligible Entities and Application.--
``(1) Eligible entities.--An entity eligible to receive a
grant under this section shall include--
``(A)(i) the Governor of a State in coordination
with the State board and with a local board for a local
area that is aligned with a region, or with all boards
for local areas that comprise a planning region, under
section 116(c); or
``(ii) a local board for a local area that is
aligned with a region, or all local boards for local
areas that comprise a planning region, under section
116(c), in consultation with the standing committee on
youth associated with the local board; and
``(B) one or more of the following:
``(i) A State education agency.
``(ii) A local education agency.
``(iii) A nonprofit organization with
expertise serving eligible youth, including a
community-based organization, youth corps, or
an intermediary.
``(iv) An institution of higher education,
including a community college and an area
career and technical education center.
``(v) A joint labor-management partnership.
``(2) Application.--To receive a grant under this
subsection, an eligible entity shall submit an application to
the Secretary of Labor and the Secretary of Education at such
time, in such manner, and containing such information,
consistent with this paragraph, as the Secretaries may require.
Each such application shall describe the innovation and
replication strategies and activities that the eligible entity
will carry out to strengthen the workforce investment system in
the State or region in order to substantially improve education
and employment outcomes for youth, such as youth with
disabilities, served by such system, and may include--
``(A) a description of the region in the State or
the State, as applicable, that will be the focus of
grant activities, including analyses of economic
conditions, skill needs, the workforce, and the
workforce development services (including the strengths
and weaknesses of such services and the capacity to
provide such services) that are relevant to the
proposed strategies and activities that would be
carried out under the grant;
``(B) a description of the youth populations to be
served, including individuals with barriers to
employment who are youth, and the skill needs of those
populations;
``(C) a description of the promising strategies and
activities the eligible entity is proposing to
demonstrate, or the evidence-based strategies and
activities that the eligible entity is proposing to
expand or replicate;
``(D) a description of how the eligible entity will
meaningfully involve youth in the design and
implementation of the proposed strategies and
activities;
``(E) a description of how, in carrying out such
strategies and activities, the eligible entity will--
``(i) collaborate to leverage resources
among strategic partners to achieve the
purposes of the grant, and to provide the
matching share described in subsection (d)(2);
and
``(ii) ensure the sustainability of the
programs and activities supported by the grant
after grant funds are no longer available;
``(F) a description of how the strategies and
activities will be aligned with the State plan and the
local plans in the region of the State that will be the
focus of grant activities;
``(G) a description of the outcomes, including
outcomes for the performance accountability measures
based on indicators of performance described in section
136(b)(2)(A)(ii), to be achieved by the proposed
strategies and activities; and
``(H) a description of how the eligible entity
will--
``(i) use technology;
``(ii) collect data;
``(iii) made data publicly available; and
``(iv) use technology and date to improve
program delivery, activities, and
administration.
``(d) Matching Funds Requirements.--
``(1) Innovation fund share.--The amount of the share of
the funds provided under this section shall be not greater than
50 percent of the cost of the programs and activities that are
carried out under the grant.
``(2) Matching share.--
``(A) In general.--
``(i) Amount.--The amount of the matching
share under this subsection for a program year
may not be less than 50 percent of the costs of
the programs and activities that are carried
out under the grant.
``(ii) In cash or kind.--The matching share
may be in cash or in kind (fairly evaluated).
``(iii) Sources.--Not more than 50 percent
of the matching share required under this
subsection may be provided from Federal
resources, of which not less than 50 percent
shall be provided from Federal resources from
the partner programs identified in the
application other than resources provided under
the core programs. Non-Federal sources for the
matching share may include State resources,
local resources, contributions from private
organizations, or a combination of such
resources and contributions.
``(B) Financial hardship waiver.--The Secretary of
Labor and the Secretary of Education may waive or
reduce the matching share of an eligible entity that
has submitted an application under this subsection if
such entity demonstrates a need for such waiver or
reduction due to extreme financial hardship as defined
by the Secretary of Labor and the Secretary of
Education.
``(C) Supplement not supplant.--The Federal and
matching share required by this subsection shall be
used to supplement and not supplant other Federal and
State funds used to carry out activities described in
this subsection.
``(e) Grant Period.--Grants awarded under this subsection shall be
awarded for periods of not more than 3 years in duration and may not be
renewed.
``(f) Reporting.--The Secretary of Labor and the Secretary of
Education are authorized to establish appropriate reporting
requirements for grantees under this subsection.
``(g) Technical Assistance and Evaluation.--For each program year
for which funds are available to carry out this section, the Secretary
of Labor and the Secretary of Education may reserve a total of not more
than 3 percent of the amount available to carry out this subsection to
provide technical assistance to applicants and grantees under this
subsection and to evaluate projects carried out under this subsection.
The Secretaries shall ensure that the results of the evaluations are
publicly available, including through electronic means.''.
SEC. 158. EVALUATIONS.
Section 172 is amended--
(1) in subsection (a)(2), by inserting ``accountability''
after ``performance'';
(2) in subsection (c)--
(A) by striking ``as least'' and inserting ``at
least''; and
(B) by striking ``2005'' and inserting ``2016'';
(3) in subsection (e), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions'';
(4) by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following new subsection:
``(f) Publication of Reports.--If an entity that enters into a
contract or other arrangement with the Secretary to conduct an
evaluation of a program or activity under this section requests
permission from the Secretary to publish a report resulting from the
evaluation, such entity may publish the report unless the Secretary
denies the request during the 90-day period beginning on the date the
Secretary receives such request.''.
SEC. 159. NATIONAL DISLOCATED WORKER GRANTS.
Section 173 is amended--
(1) in the section heading, by striking ``emergency'' and
inserting ``dislocated worker'';
(2) by striking subsection (b) and redesignating subsection
(a) as subsection (b), and inserting before such redesignated
subsection the following new subsection:
``(a) Definitions.--In this section--
``(1) the term `emergency or disaster' means--
``(A) an emergency or a major disaster, as defined
in paragraphs (1) and (2), respectively, of section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122 (1) and (2)); or
``(B) an emergency or disaster situation of
national significance that could result in a
potentially large loss of employment, as declared or
otherwise recognized by the chief official of a Federal
agency with authority for or jurisdiction over the
Federal response to the emergency or disaster
situation; and
``(2) the term `disaster area' means an area that has
suffered or in which has occurred an emergency or disaster.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking paragraph (4) and redesignating
paragraphs (1) through (3) and (4) as subparagraphs (A)
through (C), respectively, and moving such
subparagraphs (as so redesignated) 2 ems to the right;
(B) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) by striking ``The Secretary'' and
inserting:
``(1) Grants.--The Secretary''; and
(ii) by striking ``emergency grants in a
timely manner'' and inserting ``dislocated
worker grants'';
(C) in subparagraph (A) (as so redesignated), by
striking ``subsection (c)'' and inserting ``subsection
(c)(1)(B)'';
(D) in subsection (B) (as so redesignated), by
striking ``an area that has suffered'' and all that
follows and insert ``a disaster area, to provide
disaster relief employment in the disaster area'';
(E) in subparagraph (C) (as so redesignated), by
striking ``paragraphs (1) and (2)'' and inserting
``subparagraphs (A) and (B)''; and
(F) by inserting after subparagraph (C) the
following:
``(D) to provide additional assistance to a State
board or local board serving an area where--
``(i) a higher-than-average demand for
employment and training activities for
dislocated members of the Armed Forces, spouses
described in section 101(14)(E), or members of
the Armed Forces described in subsection
(c)(2)(A)(iv), exceeds State and local
resources for providing such activities; and
``(ii) such activities are to be carried
out in partnership with the Department of
Defense and Department of Veterans Affairs
transition assistance programs; and
``(E) from funds appropriated under section 174(c),
to a State or entity described in subsection (c)(1)(B)
to carry out--
``(i) subsection (e), including providing
assistance to eligible individuals; and
``(ii) subsection (f), including providing
assistance to eligible individuals.
``(2) Decisions and obligations.--The Secretary shall issue
a final decision on a complete application for a national
dislocated worker grant under this subsection not later than 45
calendar days after receipt of the application.'';
(4) in subsection (c)--
(A) in paragraph (1)(A), by striking ``subsection
(a)(1)'' and inserting ``subsection (b)(1)(B)''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``emergency'' and inserting
``dislocated worker''; and
(ii) in subparagraph (C), by striking
``emergency'' and inserting ``dislocated
worker'';
(5) in subsection (d)--
(A) by striking ``subsection (a)(2)'' each place it
appears and inserting ``subsection (b)(1)(B)'';
(B) in paragraph (1)(A)--
(i) by inserting ``, in coordination with
the Administrator of the Federal Emergency
Management Agency, as applicable,'' after
``shall be used''; and
(ii) by striking ``structures'' and
inserting ``public structures'';
(C) in paragraph (2), by inserting ``emergency or''
after ``consequence of the'';
(D) in paragraph (3)--
(i) by striking ``No individual'' and
inserting:
``(A) In general.--Except as provided in
subparagraph (B), no individual'';
(ii) by striking ``natural disaster'' and
inserting ``emergency or disaster''; and
(iii) by adding at the end the following
new subparagraph:
``(B) Extension.--At the request of a State, the
Secretary may extend such employment, related to
recovery from a single emergency or disaster involving
the State, for not more than an additional 6 months.'';
and
(E) by adding at the end the following new
paragraphs:
``(4) Use of available funds.--Funds made available under
subsection (b)(1)(B) shall be available to assist workers
described in paragraph (2) who are affected by an emergency or
disaster, including workers who have relocated from an area in
which an emergency or disaster has been declared or otherwise
recognized, as appropriate. Under conditions determined by the
Secretary and following notification to the Secretary, a State
may use such funds, that are appropriated for any fiscal year
and available for expenditure under any grant awarded to the
State under this section, to provide any assistance authorized
under this subsection. Funds used pursuant to the authority
provided under this paragraph shall be subject to the liability
and reimbursement requirements described in paragraph (5).
``(5) Liability and reimbursement.--Nothing in this Act
shall be construed to relieve liability, by a responsible party
that is liable under Federal law, for any costs incurred by the
United States under subsection (b)(1)(B) or this subsection,
including the responsibility to provide reimbursement for such
costs to the United States.'';
(6) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively;
(7) in subsection (e) (as so redesignated)--
(A) by striking ``paragraph (4)(A) of subsection
(a)'' each place it appears and inserting ``subsection
(b)(1)(E)(i)'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking
``clauses (i) through (v)'' and inserting
``clauses (i) through (iv)'';
(ii) in subparagraph (B)(iii), by striking
``enactment of this clause'' and inserting
``enactment of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5, 123
Stat. 115)''; and
(iii) in subparagraph (C), by striking
``subsection (g)'' and inserting ``subsection
(f)'';
(C) in paragraph (2), by striking ``subsection
(g)'' and inserting ``subsection (f)'';
(D) in paragraph (3)(A)(i), by striking ``not later
than'' and inserting ``notwithstanding subsection
(b)(2), not later than''; and
(E) in paragraph (7)(A)--
(i) in clause (i), by striking ``section
4980B'' and inserting ``section 4980B(f)(4)'';
and
(ii) in clause (ii)(I), by striking
``clause (i), (ii), or (vi) of paragraph
(2)(A))'' and inserting ``subparagraph (A),
(B), or (F) of section 35(e)(1) of such
Code)''; and
(8) in subsection (f), (as so redesignated)--
(A) by striking ``paragraph (4)(A) of subsection
(a)'' each place it appears and inserting ``subsection
(b)(1)(E)(i)'';
(B) in paragraph (1), by striking ``subsection
(f)(1)(A)'' and inserting ``subsection (e)(1)(A)''; and
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``this subsection''
and inserting ``subsection
(b)(1)(E)(ii)''; and
(II) in clause (i), by striking
``not later than'' and inserting
``notwithstanding subsection (b)(2),
not later than''; and
(ii) in subparagraph (B), by striking
``174(c)(1)(B)'' and inserting ``subsection
(b)(1)(E)(ii)''.
SEC. 160. YOUTHBUILD PROGRAM.
Section 173A is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) to improve the quality and energy efficiency of
community and other nonprofit and public facilities, including
those facilities that are used to serve homeless and low-income
families.'';
(2) in subsection (b)--
(A) by striking paragraph (8) and redesignating
paragraphs (9) through (13) as paragraphs (8) through
(12), respectively;
(B) in paragraph (11) (as so redesignated), by
striking ``means housing provided'' and all that
follows and inserting ``has the meaning given the term
in section 401(29) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(29)).''; and
(C) in paragraph (12) (as so redesignated), by
striking ``or construction'' and inserting
``construction, or energy efficiency enhancement'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``or construction'' and inserting
``construction, or energy efficiency
enhancement'';
(ii) in subparagraph (A)(iv)--
(I) in subclause (II), by striking
``individuals with limited English
proficiency'' and inserting
``participants who are English language
learners''; and
(II) in subclause (III), by
striking ``General Education
Development (GED) credential, or other
State-recognized equivalent (including
recognized alternative standard'' and
inserting ``or its recognized
equivalent including recognized
certificates of attendance or similar
documents'';
(iii) in subparagraph (A)(vii)--
(I) by striking ``supportive
services''; and
(II) by inserting ``or training''
after ``postsecondary education'';
(iv) in subparagraph (B), by striking ``or
construction'' and inserting ``construction, or
energy efficiency enhancement'';
(v) in subparagraph (C)--
(I) by striking ``or construction''
and inserting ``construction, or energy
efficiency enhancement''; and
(II) by striking ``10 percent'' and
inserting ``15 percent''; and
(vi) in subparagraph (D), by inserting ``,
including recruitment and selection of
participants,'';
(B) in paragraph (3)(B)--
(i) in clause (i), by inserting
``construction and'' after ``opportunities
in'';
(ii) in clauses (iii) and (vi), by striking
``or construction'' each place it appears and
inserting ``construction, or energy efficiency
enhancement'';
(iii) in clause (x), by striking
``vocational education'' and inserting ``career
and technical education and training'';
(iv) in clause (xii)--
(I) by striking ``results'' and
inserting ``levels'';
(II) by striking ``common'' and
inserting ``primary''; and
(III) by striking ``youth and
lifelong learning, as identified by the
Secretary'' and inserting ``eligible
youth described in section
136(b)(2)(A)(ii)'';
(v) in clause (xvi)--
(I) in subclause (II), by inserting
``energy efficiency enhancement'' after
``construction''; and
(II) in subclause (III), by
striking ``vocational education'' and
inserting ``career and technical
education and training''; and
(vi) in clause (xvii)(I), by inserting
``energy efficiency enhancement'' after
``construction''; and
(C) in paragraph (4)--
(i) in subparagraph (C)--
(I) by inserting ``community and''
after ``which the housing and''; and
(II) by striking ``or
construction'' each place it appears
and inserting ``construction, or energy
efficiency enhancement''; and
(ii) in subparagraph (J)--
(I) in clause (ii), by inserting
``energy efficiency enhancement'' after
``construction''; and
(II) in clause (iii), by striking
``vocational education'' and inserting
``career and technical education and
training'';
(4) in subsection (d), by striking ``or construction'' each
place it appears and inserting ``construction, or energy
efficiency enhancement'';
(5) in subsection (e)(1)--
(A) in subparagraph (A)(iii), by inserting ``, or
an individual who was a school dropout and has
subsequently re-enrolled'' before the period; and
(B) in amending subparagraph (B)(i) to read as
follows:
``(i) are basic skills deficient, despite
attainment of a secondary school diploma or its
recognized equivalent (including recognized
certificates of attendance or similar documents
for individuals with disabilities); or'';
(6) in subsection (f)(2)--
(A) in subparagraph (A), by inserting ``, or to
support pilot and demonstration projects or program
evaluations with recipients of grants under subsection
(c) as directed by the Secretary, including pilot or
demonstration projects that create new career tracks
for Youthbuild participants in areas such as health
care and manufacturing'' before the period; and
(B) in subparagraph (B), by striking ``shall
reserve'' and inserting ``shall reserve not less than 3
percent and not more than'';
(7) in subsection (g), by striking ``postsecondary
educational institutions'' and inserting ``institutions of
higher education''; and
(8) by amending subsection (h) to read as follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2012 through 2016 such sums as
may be necessary to carry out this section.''.
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.
Subsections (a) and (b) of section 174 are amended to read as
follows:
``(a) Native American Programs; Migrant and Seasonal Farmworker
Programs; Veterans' Workforce Investment Programs.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out sections 166 through
168 such sums as may be necessary for each of the fiscal years
2012 through 2016.
``(2) Reservations.--Of the amount appropriated pursuant to
the authorization of appropriations under paragraph (1) for a
fiscal year, the Secretary shall--
``(A) reserve not less than $55,000,000 for
carrying out section 166;
``(B) reserve not less than $70,000,000 for
carrying out section 167; and
``(C) reserve not less than $7,300,000 for carrying
out section 168.
``(b) Technical Assistance; Innovation Grants.--There are
authorized to be appropriated to carry out sections 169 through 171
such sums as may be necessary for each of the fiscal years 2012 through
2016.''.
SEC. 162. TRANSITION GRANTS TO STATES.
Subtitle D is further amended by adding at the end the following:
``SEC. 175. TRANSITION GRANTS TO STATES.
``(a) In General.--For the program year described in section 171A,
from the funds allocated for awards described in section 171A and
section 171B, the Secretary of Labor and the Secretary of Education
shall award, on a competitive basis, transition grants to States. The
Secretaries, to the extent practicable and consistent with the purposes
of the transition grants under this section, shall award transition
grants in a manner that maximizes the number of States benefitting from
such grants.
``(b) Application.--To be eligible to receive a grant under this
section, the Governor of a State, in coordination with the State board
and in consultation with the local boards, shall submit an application
to the Secretary of Labor and the Secretary of Education, at such time,
in a such manner, and containing such information, consistent with this
subsection, as the Secretaries may require, including--
``(1) a description of how the grant funds will be used to
carry out the transition activities described in subsection
(d);
``(2) a description of the process by which the State will
award funds to local areas in accordance with subsection
(d)(2); and
``(3) assurances that all the entities carrying out core
programs in the State will participate in the activities.
``(c) Grant Period.--Grants awarded under this subsection shall be
awarded for periods of not more than 2 years in duration and may not be
renewed.
``(d) Use of Funds.--A State that receives a grant under this
section--
``(1) may reserve not more than 40 percent of the grant
funds for transition activities to assist in the development of
the State plan under section 112 or 113; and
``(2) shall use not less than 60 percent of the grant funds
to award subgrants to local areas for transition activities to
assist in the development local and regional plans under
section 116(c) and 118, with a priority in making such awards
to local areas most in need of resources to make the transition
to meeting the requirements of the Workforce Investment Act of
2012.
``(e) Limitations.--No State may--
``(1) receive more than 1 grant under this section; and
``(2) receive a grant under this section concurrently with
a grant under section 171A or 171B for the first program year
that commences after the date of enactment of the Workforce
Investment Act of 2011.''.
SEC. 163. INTERAGENCY AGREEMENT.
Subtitle D is further amended by adding after section 175 (as added
by section 112) the following:
``SEC. 176. INTERAGENCY AGREEMENT.
``(a) In General.--The Secretary of Education and the Secretary of
Labor shall jointly develop policies for the administration of this
subtitle in accordance with such terms as the Secretaries shall set
forth in an interagency agreement. Such interagency agreement, at a
minimum, shall include a description of the respective roles and
responsibilities of the Secretaries in carrying out this subtitle (both
jointly and separately), including--
``(1) how the funds available under this subtitle will be
obligated and disbursed and compliance with applicable laws
(including regulations) will be ensured, as well as how the
grantees will be selected and monitored, and a peer review
process for selection of grantees that includes program
practitioners and national experts will be carried out;
``(2) how evaluations and research will be conducted on the
effectiveness of grants awarded under this subtitle in
addressing the education and employment needs of job seekers
and workers, youth, and employers;
``(3) how technical assistance will be provided to
applicants and grant recipients;
``(4) how information will be disseminated, including
through electronic means, on best practices and effective
strategies and service delivery models for activities carried
out under this subtitle; and
``(5) how policies and processes critical to the successful
achievement of the education, training, and employment goals of
this subtitle will be established.
``(b) Transfer Authority.--The Secretary of Labor and the Secretary
of Education shall have the authority to transfer funds between the
Department of Labor and the Department of Education to carry out this
subtitle in accordance with the agreement described in subsection (a).
``(c) Reports.--The Secretary of Labor and the Secretary of
Education shall jointly develop and submit a biennial report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and Workforce of the House of
Representatives, describing--
``(1) actions the Departments have taken to--
``(A) assess the effectiveness of the projects
carried out under this subtitle; and
``(B) facilitate the coordination of the programs
carried out through the grants awarded with other
education, employment and training programs;
``(2) barriers that impede effectiveness of projects
carried out under this subtitle;
``(3) the best practices and effective strategies and
service delivery models that the Departments have identified
pursuant to this subtitle and actions the Departments have
taken to promptly disseminate information, including through
electronic means, on such best practices, service delivery
models, and effective strategies; and
``(4) the actions the Departments have taken to leverage
resources provided under Federal law other than this subtitle
and non-Federal resources, to improve the workforce investment
system nationwide, including in States, regions, and local
areas that have not received funds under this subtitle.''.
Subtitle E--Administration
SEC. 171. REQUIREMENTS AND RESTRICTIONS.
Section 181 is amended--
(1) in subsection (a), by amending subparagraph (B) of
paragraph (1) to read as follows:
``(B) Rule of construction.--The reference in
subparagraph (A) to section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall not
be applicable for individuals in territorial
jurisdictions in which section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206) does not
apply.'';
(2) in subsection (b)(1) by striking ``investment'' and
inserting ``development'';
(3) in subsection (c)(1), by inserting ``or allocation''
after ``an allotment'';
(4) in subsection (d)(2)--
(A) by striking ``employment and training
activity'' and inserting ``employment or training
activity'';
(B) by inserting ``incumbent worker training,
transitional employment,'' after ``on-the-job
training,''; and
(C) in paragraph (3), by inserting ``(or that has
provided funding to an entity that has violated such
paragraph)'' after ``violated such paragraph'';
(5) in subsection (e)--
(A) by inserting ``to carry out an activity'' after
``No funds available'';
(B) by striking ``and similar activities'' and
inserting ``or similar activities''; and
(C) by striking ``title. No funds available under
subtitle B'' and inserting ``or under subtitle C. No
funds received to carry out an activity under subtitle
B or C''; and
(6) in subsection (f), by inserting ``or subtitle C'' after
``subtitle B'' both places it appears.
SEC. 172. FISCAL CONTROLS OR SANCTIONS.
Section 184 is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``the
appropriate circulars'' and inserting
``appropriate circulars or rules''; and
(ii) in subparagraph (B)(ii), by striking
``administration of youth activities'' and
inserting:
``(iii) administration of youth workforce
investment activities.''; and
(B) in paragraphs (5)(A), (6)(C), and (7) (A) and
(B), by inserting ``with the requirements'' afer
``compliance'' each place it appears;
(2) in subsection (b)(1)(B)(v), by inserting ``with the
provision'' after ``compliance'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``made available'' and
inserting ``received'';
(ii) by striking ``offset repayment'' and
inserting ``require payment by offsetting the
amount''; and
(iii) by inserting ``under this title''
after ``may be entitled''; and
(B) in paragraph (4), by inserting ``(subsequent to
the program year for which the determination was
made)'' after ``allocations''; and
(4) in subsection (d)(1), by striking ``paragraphs (2) and
(3) of''.
SEC. 173. REPORTS, RECORDKEEPING, INVESTIGATIONS.
Section 185(c) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) shall, to the extent practicable, submit or make
available (including through electronic means) any reports,
records, plans, or any other data that are required to be
submitted or made available, respectively, under this title.''.
SEC. 174. ADMINISTRATIVE PROVISIONS.
Section 189 is amended--
(1) in subsection (a), by striking ``section 204 of the
Intergovernmental Cooperation Act of 1968'' and inserting
``section 6504 of title 31, United States Code'';
(2) in subsection (g), by amending paragraph (2) to read as
follows:
``(2) Availability.--
``(A) In general.--Funds obligated for any program
year for a program or activity funded under subtitle B
may be expended by each State receiving such funds
during that program year and the 2 succeeding program
years. Funds received by local areas from States under
subtitle B during a program year may be expended during
that program year and the succeeding program year.
``(B) Certain national activities.--
``(i) In general.--Funds obligated for any
program year for any program or activity
carried out under section 170 or 171 shall
remain available until expended.
``(ii) Incremental funding basis.--A
contract or arrangement entered into under the
authority of section 170(c) (relating to
research projects, studies and reports, and
multistate projects) or section 171 (relating
to evaluations), including a long-term,
nonseverable services contract, may be funded
on an incremental basis with annual
appropriations or other available funds.
``(C) Special rule.--No amount of the funds
obligated for a program year for a program or activity
funded under this title shall be deobligated on account
of a rate of expenditure that is consistent with a
State plan, an operating plan described in section 151,
or a plan, grant agreement, contract, application, or
other agreement described in subtitle D, as
appropriate.''; and
(3) in subsection (i)--
(A) in paragraph (3), by inserting
``accountability'' after ``performance''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i)--
(I) by inserting ``the funding of
infrastructure costs for one-stop
centers,'' after ``functions of local
areas and local boards''; and
(II) by inserting ``, and other
requirements relating to the basic
purposes of this title'' before the
period;
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``investment'' and
inserting ``development''; and
(II) in clause (v), by striking ``
an opportunity to comment on such
request has been provided to the local
board'' and inserting ``, in the case
of a waiver for a local area, an
opportunity to comment on such request
has been provided to the local board
for the local area for which the waiver
is requested'';
(iii) in subparagraph (C), by inserting
``for which the waiver was requested'' after
``ensure that the local area''; and
(iv) by adding at the end the following new
subparagraph:
``(D) Expedited determination regarding provision
of waivers.--If the Secretary has approved a waiver of
statutory or regulatory requirements for a State or
local area pursuant to this subsection, the Secretary
shall expedite the determination regarding the
provision of that waiver, for another State or local
area.''.
SEC. 175. REPEALS.
The Act is further amended by striking section 190, and
redesignating sections 191 through 195 as sections 190 through 194,
respectively.
SEC. 176. GENERAL PROGRAM REQUIREMENTS.
Section 194 (as redesignated by section 185) is amended by adding
at the end the following new paragraphs:
``(14) Funds provided under this title shall not be used to
establish or operate a stand-alone fee-for-service enterprise
in a situation in which a private sector employment agency (as
defined in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e)) is providing full access to similar or related
services in such a manner as to fully meet the identified need.
For purposes of this paragraph, such an enterprise does not
include a one-stop delivery system described in section 121(e).
``(15)(A) None of the funds available under this title
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of the annual rate
of basic pay prescribed for level II of the Executive Schedule
under section 5313 of title 5, United States Code.
``(B) The limitation described in subparagraph (A) shall
not apply to vendors providing goods and services as defined in
Office of Management and Budget Circular A-133.
``(C) In a case in which a State is a recipient of such
funds, the State may establish a lower limit than is provided
in subparagraph (A) for salaries and bonuses of those receiving
salaries and bonuses from a subrecipient of such funds, taking
into account factors including the relative cost of living in
the State, the compensation levels for comparable State or
local government employees, and the size of the organizations
that administer the Federal programs involved.''.
SEC. 177. OFFICE OF DISABILITY EMPLOYMENT POLICY.
Subtitle E is further amended by adding at the end the following:
``SEC. 195. OFFICE OF DISABILITY EMPLOYMENT POLICY.
``(a) Purpose.--The purpose of this section is to establish an
Office of Disability Employment Policy--
``(1) to help develop and support national policies and
practices that will increase employment and economic
advancement opportunities for all individuals with
disabilities; and
``(2) to ensure that such individuals are fully integrated
into the 21st century workforce.
``(b) Office.--There is established within the Department of Labor
an Office of Disability Employment Policy (referred to in this section
as the `Office'). Except as otherwise specifically provided in this
Act, such Office shall be the principal entity carrying out the
functions described in this section.
``(c) Assistant Secretary.--
``(1) In general.--The Office shall be headed by an
Assistant Secretary of Disability Employment Policy (referred
to in this title as the `Assistant Secretary') appointed by the
President by and with the advice and consent of the Senate.
Except as otherwise specifically provided in this Act, the
Assistant Secretary shall be the principal officer carrying out
the functions described in this section.
``(2) Experience.--The Assistant Secretary shall be an
individual with substantial experience in, and a thorough
knowledge of, disability employment policy, training and
educational opportunities for individuals with disabilities
(including youth with disabilities), public benefit programs
for individuals with disabilities, job development, and the
barriers that may limit employment and economic advancement
opportunities of individuals with disabilities.
``(3) Goals and direction.--In carrying out the functions
of the Office, the Assistant Secretary shall be guided by the
goals of achieving equal opportunity, full participation,
economic self-sufficiency, and independent living for all
individuals with disabilities, to the greatest extent possible.
In the performance of the functions of the Office, the
Assistant Secretary shall be directly responsible to the
Secretary of Labor.
``(d) Functions.--The Assistant Secretary shall provide national
leadership, and encourage interagency collaboration, on increasing
employment and training opportunities for individuals with disabilities
through the development of policies and initiatives (taking into
account relevant information from other Federal agencies and including
the awarding of grants as appropriate) that--
``(1) eliminate barriers to the employment and training of
individuals with disabilities;
``(2) advance opportunities for employment, and identify
strategies that increase employment opportunities in the
private sector, for individuals with disabilities, including
recruitment, retention, and promotion of such individuals;
``(3) identify and remove disincentives that limit or
prevent the full employment of individuals with disabilities
who are receiving benefits through Federal or State programs
such as medical assistance under a State Medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
disability insurance benefits under title II of the Social
Security Act (42 U.S.C. 401 et seq.), or supplemental security
income benefits under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
``(4) advise and assist the Department of Labor and other
Federal agencies in the development of policies and practices
that increase employment opportunities in the Federal
Government for individuals with disabilities, including
outreach to and recruitment, retention, and promotion of such
individuals;
``(5) assist youth with disabilities, including such youth
who are out-of-school youth, in successfully transitioning into
the workforce;
``(6) increase access for individuals with disabilities
seeking employment, education, and training services from a
one-stop delivery system described in section 221(e) of the
Workforce Investment Act of 2012, and other public and private
providers of such services and supports;
``(7) increase coordination of activities between State
vocational rehabilitation programs and the workforce
development systems (as defined in section 101 of such Act),
including the one-stop centers (as defined in such section
101), including assisting individuals with disabilities in
maximizing the services available through such programs,
systems, and centers;
``(8) leverage available public and system resources to
address individual and systematic employment barriers for
individuals with disabilities, and assist such individuals in
navigating the process of coordinating their public benefits,
including health care;
``(9) increase employment opportunities for individuals
with significant disabilities in competitive integrated
employment; and
``(10) meet other objectives, as specified by the Secretary
of Labor, that will increase employment and training
opportunities for individuals with disabilities.
``(e) Report.--For each fiscal year, beginning with the first full
fiscal year following the date of enactment of the Workforce Investment
Act of 2012, the Secretary of Labor shall prepare a report and submit
the report to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, not later than 90 days after the end of that
fiscal year. The report shall summarize the Office's progress in--
``(1) meeting the general objectives specified in
paragraphs (1) and (2) of subsection (a);
``(2) meeting each of the 4 goals specified in subsection
(c)(3); and
``(3) developing the specific policies and initiatives
specified in subsection (d).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2012 through 2016.''.
Subtitle F--Community College to Career Fund
SEC. 181. COMMUNITY COLLEGE TO CAREER FUND.
Title I is further amended by adding at the end the following:
``Subtitle F--Community College to Career Fund
``SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM.
``(a) Grants Authorized.--From funds appropriated under section
199D(1), the Secretary of Labor and the Secretary of Education, in
accordance with the interagency agreement described in section 199E,
shall award competitive grants to eligible entities described in
subsection (b) for the purpose of developing, offering, improving or
providing educational or career training programs for workers.
``(b) Eligible Entity.--
``(1) In general.--Entities eligible for a grant under this
section are any of the following (or a consortium of any of the
following) in partnership with employers or an association of
employers:
``(A) a junior or community college (as defined in
section 312(f) of the Higher Education Act of 1965 (20
U.S.C. 1085(f)));
``(B) a four-year public institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965) that offers two-year degrees,
will use funds provided under this section for
activities at the certificate and associate degree
levels, and is not reasonably close, as determined by
the Secretaries, to a community college;
``(C) a tribal college or university (as defined in
section 316(b) of the Higher Education Act); or
``(D) at the discretion of the Secretaries, a
private, not-for-profit, two-year institution of higher
education in Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or the
Republic of Palau.
``(2) Additional partnerships.--In addition to partnering
with employers or an association of employers, the eligible
entities described in paragraph (1) may partner with any of the
organizations described in subparagraphs (A) through (D). Any
such partnership shall collaborate with, and may include, the
State or local workforce investment board.
``(A) An adult education provider or postsecondary
educational institution (as defined in section 101 of
the Higher Education Act of 1965).
``(B) A community-based organization.
``(C) A joint-labor management partnership.
``(D) Any other organization that the Secretaries
considers appropriate.
``(c) Application.--An eligible entity seeking a grant under this
section shall submit a grant proposal to the Secretaries at such time
and containing such information as the Secretaries determine is
required, including a detailed description of--
``(1) the specific project for which the grant proposal is
submitted, including the manner in which the grant will be used
to develop, offer, improve, or provide an educational or career
training program;
``(2) the extent to which the project will meet the
educational or career training needs of workers in the area
served by the eligible entity;
``(3) the extent to which the project will meet the needs
of employers in the region for skilled workers in in-demand
industry sectors and occupations;
``(4) the extent to which the project submitted fits within
any overall strategic plan developed by an eligible entity; and
``(5) any previous experience of the eligible entity in
providing educational or career training programs, the absence
of which shall not automatically disqualify an eligible
institution from receiving a grant under this section.
``(d) Criteria for Award.--
``(1) In general.--Grants under this section shall be
awarded based on criteria established by the Secretaries, that
include the following:
``(A) A determination of the merits of the grant
proposal submitted by the eligible entity to develop,
offer, improve, or provide educational or career
training programs to be made available to workers.
``(B) An assessment of the likely employment
opportunities available in the region to individuals
who complete an educational or career training program
that the eligible entity proposes to develop, offer,
improve, or provide.
``(C) An assessment of prior demand for training
programs by individuals eligible for training served by
the eligible entity as well as availability and
capacity of existing training programs to meet future
demand for training programs.
``(2) Priority.--The Secretaries shall give priority to
eligible entities that--
``(A) include a partnership with a business or
industry or sector partnership that--
``(i) pays a portion of the costs of such
programs; or
``(ii) agrees to hire individuals who have
completed a particular postsecondary degree,
certificate, or credential resulting from the
training program of the eligible entity;
``(B) enter into a partnership with a labor
organization or labor-management training program that
provides technical expertise for occupationally
specific education necessary for a recognized
postsecondary credential leading to a skill occupation
in an in-demand industry sector;
``(C) are focused on serving individuals with
employment barriers, low-income, non-traditional
students as defined in section 803(j) of the Higher
Education Act (20 U.S.C. 11561(c)(j)), students who are
dislocated workers, students who are veterans, or
students who are long-term unemployed;
``(D) are community colleges serving areas with
high unemployment rates, including rural areas; and
``(E) are eligible entities that include an
institution of higher education eligible for assistance
under title III or V of the Higher Education Act of
1965.
``(e) Use of Funds.--Grants awarded under this section shall be
used for one or more of the following:
``(1) The development, offering, improvement, or provision
of academic programs or training programs, that provide
relevant job training for skilled occupations that will meet
the needs of employers in in-demand industries sectors, and
which may include registered apprenticeship programs, on-the-
job training programs, and programs that support employers in
upgrading the skills of their workforce.
``(2) The development and implementation of policies and
programs to expand opportunities for students to earn a
recognized postsecondary credential or degree in in-demand
industry sectors and occupations, including by--
``(A) facilitating the transfer of academic credits
between institutions of higher education, including the
transfer of academic credits for courses in the same
field of study;
``(B) expanding articulation agreements and
policies that guarantee transfer between such
institutions, including through common course numbering
and general core curriculum; and
``(C) developing or enhancing student support
services programs.
``(3) The creation of workforce programs that provide a
sequence of education and occupational training that leads to a
recognized postsecondary credential or degree, including
programs that--
``(A) blend basic skills and occupational training;
``(B) facilitate means of transitioning from non-
credit occupational, basic skills, or developmental
coursework to for-credit coursework within and across
institutions;
``(C) build or enhance linkages including the
development of dual enrollment programs and early
college high schools between secondary education or
adult education programs (including programs
established under the Carl D. Perkins Career and
Technical Education Act of 2006 and title II of this
Act);
``(D) implement other innovative programs designed
to increase the provision of training for students,
including students who are veteran members of the
National Guard or Reserves, to enter skilled
occupations in in-demand industry sectors; and
``(E) support paid internships that will allow
students to simultaneously earn credit for work-based
learning and gain relevant employment experience in an
in-demand industry sector or occupation, which shall
include opportunities that transition individuals into
employment.
``(4) The support of regional or national in-demand
industry sectors to develop skills consortia that will identify
pressing workforce needs and develop solutions such as--
``(A) standardizing industry certifications;
``(B) developing new training technologies; and
``(C) collaborating with industry employers to
define and describe how specific skills lead to
particular jobs and career opportunities.
``SEC. 199A. PAY-FOR-PERFORMANCE AND PAY-FOR-SUCCESS JOB TRAINING
PROJECTS.
``(a) Award Grants Authorized.--From funds appropriated under
section 199D(2), the Secretary of Labor and the Secretary of Education,
in accordance with the interagency agreement described in section 199E,
shall award grants on a competitive basis to eligible entities
described in subsection (b) who meet specific performance outcomes and
criteria established by the Secretaries under subsection (c). Projects
funded by grants under this section shall be referred to as either Pay-
for-Performance or Pay-for-Success projects, as set forth in subsection
(b).
``(b) Eligible Entity.--To be eligible to receive a grant under
this section an entity shall be a State or local organization (which
may be a local workforce organization) in partnership with entities
such as community colleges and other training providers who--
``(1) in the case of Pay-for-Performance projects, agree to
be reimbursed primarily on the basis of achievement of
specified performance outcomes and criteria agreed upon by the
Secretaries under subsection (c); or
``(2) in the case of Pay-for-Success projects, include
partnerships with investors, such as philanthropic
organizations that provide funding for a specific project or
projects to address a clear and measurable job training need in
the community or region and agree to be reimbursed under the
grant only if the project or projects meet specified
performance outcomes and criteria agreed to by the Secretaries
under subsection (c).
``(c) Performance Outcomes and Criteria.--Not later than 6 months
after the date of the enactment of this subtitle, the Secretary of
Labor and the Secretary of Education shall establish and publish
specific performance measures for the initial qualification of eligible
entities to receive a grant under this section. At a minimum, to
receive an award an eligible entity shall--
``(1) identify a particular program area and client
population that is not achieving optimal outcomes;
``(2) provide evidence that the proposed strategy would
achieve better results;
``(3) clearly articulate and quantify the improved outcomes
of such new approach;
``(4) for Pay-for-Success projects, specify a monetary
value that would need to paid to obtain such results and
explain the basis for such value;
``(5) identify data that would be required to evaluate
whether outcomes are being achieved for a target population and
a comparison group;
``(6) identify estimated savings that would result from the
improved outcomes, including to other programs or units of
government;
``(7) demonstrate the capacity to collect required data,
track outcomes, and validate those outcomes; and
``(8) any other criteria the Secretaries may require.
``(d) Period of Availability for Pay-for-Success Projects.--Funds
appropriated to carry out Pay-for-Success projects pursuant to section
199D(2) shall, upon obligation, remain available for disbursement until
expended, notwithstanding section 1552 of title 31, United States Code,
and, if later deobligated, in whole or in part, be available until
expended for additional Pay-for-Success grants under this section.
``SEC. 199B. BRING JOBS BACK TO AMERICA GRANTS.
``(a) Grants Authorized.--From funds appropriated under section
199D(3), the Secretary of Labor and the Secretary of Education, in
accordance with the interagency agreement described in section 199E,
shall award grants to State or local governments for job training and
recruiting activities that can quickly provided businesses with skilled
workers in order to encourage businesses to remain in or relocate to
areas served by such governments. The Secretaries shall coordinate with
the Secretary of Commerce in carrying out this section.
``(b) Purpose and Use of Funds.--Grants awarded under this section
may be used by a State or local government to issue subgrants to
eligible entities as designated by the Secretaries, including those
described in section 199(b), to assist such eligible entities in
providing training necessary to provide skilled workers for businesses
that have relocated or are considering relocating operations outside
the United States, and may instead relocate to the areas served by such
governments.
``(c) Application.--A State or local government seeking a grant
under the program established under subsection (a) shall submit an
application to the Secretaries in such manner and containing such
information as the Secretaries may require. At a minimum, each
application shall include--
``(1) a description of the eligible entity or entities the
State or local government proposes to assist in providing job
training or recruiting activities;
``(2) a description of the proposed or existing business
facility, including the number of jobs relating to such
facility and the average wage or salary of those jobs; and
``(3) a description of any other resources that the State
has committed to assisting such business in locating such
facility, including tax incentives provided, bonding authority
exercised, and land granted.
``(d) Criteria.--The Secretaries shall award grants to State and
local governments that--
``(1) the Secretaries determine are most likely to succeed
with a grant under the program in assisting an eligible entity
in providing the training necessary to cause a business or
businesses to remain in or relocate to areas served by such
governments;
``(2) will fund training programs that will result in the
greatest number and quality of jobs;
``(3) have committed State or other resources, to the
extent of their ability as determined by the Secretaries, to
assist a business or businesses to remain in or relocate to
areas served by such governments; and
``(4) have met such other criteria as the Secretaries
consider appropriate, including criteria relating to marketing
plans, benefits to ongoing regional or State strategies for
economic development and job growth.
``SEC. 199C. GRANTS FOR ENTREPRENEUR AND SMALL BUSINESS STARTUP
TRAINING.
``(a) Grants Authorized.--From funds appropriated under section
199D(4), the Secretary of Labor and the Secretary of Education, in
accordance with the interagency agreement described in section 199E,
shall award competitive grants to eligible entities described in
subsection (b) to provide training in starting a small business and
entrepreneurship. The Secretaries shall coordinate with the
Administrator of the Small Business Administration in carrying out this
section including in the development of criteria and selection of
proposals.
``(b) Eligible Entity.--
``(1) In general.--Entities eligible for a grant under this
section are any of the following (or a consortium of any of the
following) in partnership with at least one local or regional
economic development entity described in paragraph (2):
``(A) a junior or community college (as defined in
section 312(f) of the Higher Education Act of 1965 (20
U.S.C. 1085(f)));
``(B) a four-year public institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965) that offers two-year degrees,
will use funds provided under this section for
activities at the certificate and associate degree
levels, and is not reasonably close, as determined by
the Secretaries, to a community college;
``(C) a tribal college or university (as defined in
section 316(b) of the Higher Education Act); or
``(D) at the discretion of the Secretaries, a
private, not-for-profit, two-year institution of higher
education in Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or the
Republic of Palau.
``(2) Additional partnerships.--Local or regional economic
development entities described in this paragraph are the
following:
``(A) Small business development centers.
``(B) Women's business centers.
``(C) Regional innovation clusters.
``(D) Local accelerators or incubators.
``(E) State or local economic development agencies.
``(c) Application.--An eligible entity seeking a grant under this
section shall submit a grant proposal in such manner and containing
such information as the Secretaries and the Small Business
Administrator shall require. Such information shall include the manner
in which entrepreneurship training and education will be provided, the
role of partners in such an arrangement, and the manner in which the
proposal will integrate and partner with local economic development
resources.
``(d) Use of Funds.--Grants awarded under this section shall be
used to provide training in entrepreneurship and starting a small
business, including through online courses, intensive seminars, and
comprehensive courses.
``SEC. 199D. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
$8,000,000,000 to carry out this subtitle, of which $4,000,000,000 is
authorized to be appropriated to the Secretary of Labor and
$4,000,000,000 is authorized to be appropriated to the Secretary of
Education. Such amounts shall be used to carry out the programs
authorized by this subtitle as follows:
``(1) $7,000,000,000 is authorized for the program
established by section 199;
``(2) $500,000,000 is authorized for the program
established by section 199A;
``(3) $250,000,000 is authorized for the program
established by section 199B;
``(4) $250,000,000 is authorized for the program
established by section 199C; and
``(5) Not more than 5 percent of the amounts authorized
under paragraphs (1) through (4) may be used by the Secretaries
to administer each respective program, including providing
technical assistance and carrying out evaluations.
``(b) Period of Availability.--Except as provided in section
199A(d), the funds appropriated pursuant to subsection (a) shall be
available for Federal obligation for the fiscal year for which the
funds are appropriated and the succeeding 2 fiscal years.
``SEC. 199E. INTERAGENCY AGREEMENT.
``(a) In General.--The Secretary of Labor and the Secretary of
Education shall jointly develop policies for the administration of this
subtitle in accordance with such terms as the Secretaries shall set
forth in an interagency agreement. Such interagency agreement, at a
minimum, shall include a description of the respective roles and
responsibilities of the Secretaries in carrying out this subtitle (both
jointly and separately), including--
``(1) how the funds available under this subtitle will be
obligated and disbursed and compliance with applicable laws
(including regulations) will be ensured, as well as how the
grantees will be selected and monitored;
``(2) how evaluations and research will be conducted on the
effectiveness of grants awarded under this subtitle in
addressing the education and employment needs of workers, and
employers;
``(3) how technical assistance will be provided to
applicants and grant recipients;
``(4) how information will be disseminated, including
through electronic means, on best practices and effective
strategies and service delivery models for activities carried
out under this subtitle; and
``(5) how policies and processes critical to the successful
achievement of the education, training, and employment goals of
this subtitle will be established.
``(b) Transfer Authority.--The Secretary of Labor and the Secretary
of Education shall have the authority to transfer funds between the
Department of Labor and the Department of Education to carry out this
subtitle in accordance with the agreement described in subsection (a).
The Secretary of Labor and the Secretary of Education shall have the
ability to transfer funds to the Secretary of Commerce and the
Administrator of the Small Business Administration to carry out
sections 199B and 199C, respectively.
``(c) Reports.--The Secretary of Labor and the Secretary of
Education shall jointly develop and submit a biennial report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and the Workforce of the House of
Representatives, describing the activities carried out under this
subtitle and the outcomes of such activities.''.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. PURPOSES, DEFINITIONS, AND MISCELLANEOUS PROVISIONS.
(a) Purpose.--Section 202 is amended to read as follows:
``SEC. 202. PURPOSE.
``It is the purpose of this title to create a partnership among the
Federal Government, States, and localities to provide, on a voluntary
basis, adult education and literacy activities, in order to--
``(1) assist adults to become literate and obtain the
knowledge and skills necessary for employment and economic
self-sufficiency;
``(2) assist adults who are parents to obtain the education
and skills that--
``(A) are necessary to becoming full partners in
the educational development of their children; and
``(B) lead to sustainable improvements in the
economic opportunities for their family;
``(3) assist adults in attaining a secondary school diploma
or its equivalent and in the transition to and success in
postsecondary education and training, including through career
pathways;
``(4) assist immigrants and other individuals who are
English language learners in improving their reading, writing,
speaking, and comprehension skills in English;
``(5) assist immigrants in acquiring an understanding of
the American system of government and the responsibilities of
citizenship;
``(6) assist States in expanding a 21st century delivery
system for adult education, literacy, and workplace skills
services that meet the needs of adults at all skill levels;
``(7) assist adults in developing technology literacy; and
``(8) enable more adults to complete adult education and
enter and succeed in postsecondary education and employment.''.
(b) Definitions.--Section 203 is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Adult education.--The term `adult education' means
academic instruction and services below the postsecondary level
that increase an individual's ability to--
``(A) read, write, and speak in English and perform
mathematics or other activities necessary for the
attainment of a secondary school diploma or its
recognized equivalent;
``(B) transition to and success in postsecondary
education and training; or
``(C) obtain employment.'';
(2) in paragraph (2), by striking ``activities described in
section 231(b)'' and inserting ``programs, activities, and
services that include adult education, literacy, workplace
adult education and literacy activities, family literacy
activities, English language acquisition activities, workforce
preparation activities, or integrated education and
training''';
(3) by striking paragraphs (3), (8), (9), (10), (13), (14),
and (17) and redesignating paragraphs (4), (7), (11), (12),
(15), (16), and (18) as paragraphs (3), (9), (10), (11), (13),
(14), and (15), respectively;
(4) in paragraph (3) (as so redesignated), by inserting
``activities'' after ``literacy'';
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Eligible individual.--The term `eligible individual'
means an individual--
``(A) who has attained 16 years of age;
``(B) who is not enrolled or required to be
enrolled in secondary school under State law; and
``(C) who--
``(i) is unable to compute or solve
problems, or read, write, or speak English at a
level necessary to function on the job, in the
individuals' family, or in society;
``(ii) does not have a secondary school
diploma or its recognized equivalent, and has
not achieved an equivalent level of education;
or
``(iii) is an English language learner.'';
(6) in paragraph (5)--
(A) by striking ``means--'' and inserting ``means
an organization that has demonstrated effectiveness in
providing adult education and literacy activities that
may include--'';
(B) in subparagraphs (B) and (C), by striking ``of
demonstrated effectiveness'' both places it appears;
(C) in subparagraph (H), by striking ``literacy
services'' and all that follows and inserting ``adult
education and literacy activities to eligible
individuals;'';
(D) in subparagraph (I), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(J) a partnership between an employer and an
entity described in any of subparagraphs (A) through
(I).'';
(7) by amending paragraph (6) to read as follows:
``(6) English language acquisition program.--The term
`English language acquisition program' means a program of
instruction--
``(A) designed to help eligible individuals who are
English language learners achieve competence in
reading, writing, speaking, and comprehension of the
English language;
``(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;
and
``(C) that such programs may be sequential,
integrated, or concurrent in nature.'';
(8) by inserting after paragraph (6) the following:
``(7) English language learner.--The term `English language
learner' when used with respect to an eligible individual,
means an eligible individual who has limited ability in
reading, writing, speaking, or comprehending the English
language, and--
``(A) whose native language is a language other
than English; or
``(B) who lives in a family or community
environment where a language other than English is the
dominant language.
``(8) High quality literacy instruction.--The term `high
quality literacy instruction' means developmentally
appropriate, explicit, and systematic instruction that provides
students with--
``(A) early development and grade-level mastery of
oral language skills, both listening and speaking,
phonological awareness, using a wide vocabulary,
conventional forms of grammar, and academic language;
``(B) the ability to read regularly spelled words
and high-frequency irregularly spelled words and to
decode regularly spelled unfamiliar words accurately,
using phonemic awareness, print awareness, alphabet
knowledge, and knowledge of English spelling patterns;
``(C) the ability to read texts accurately,
fluently, and with comprehension, relying on knowledge
of the vocabulary in those texts and of the background
information that the students possess;
``(D) the ability to read with a purpose and the
capacity to differentiate purposes and to select and
apply comprehension strategies appropriate to achieving
the purpose;
``(E) an understanding of, and ability to adapt to,
the varying demands of different genres, formats, and
types of texts across the core content areas in order
to comprehend texts of appropriate levels of complexity
and content, including texts necessary for mastery of
grade-level standards;
``(F) the ability to effectively access, critically
evaluate, and appropriately synthesize information from
a variety of sources and formats;
``(G) the development and maintenance of a
motivation to read and write, as reflected in habits of
reading and writing regularly and or discussing one's
reading and writing with others; and
``(H) the ability to write clearly, accurately, and
quickly so as to communicate ideas and deepen
comprehension, in ways that fit purpose, audience,
occasion, discipline, and format; adhere to conventions
of spelling and punctuation; and benefit from revision
so as to improve clarity, coherence, logical
development, and the precise use of language.'';
(9) in paragraph (9)--
(A) in the paragraph heading, by striking
``Services'' and inserting ``Activities'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``services'' both places it
appears and inserting ``activities''; and
(ii) by striking ``changes in a family''
and inserting ``improvements in the economic
prospects for a family and that better enable
parents to support their children's learning
needs'';
(C) by striking subparagraph (C) and redesignating
subparagraphs (A) and (B) as subparagraphs (B) and (C),
respectively; and
(D) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) Parent adult education and literacy
activities that lead to readiness for the attainment of
a secondary school diploma or its recognized equivalent
postsecondary education or training, employment, career
advancement, and economic self-sufficiency.'';
(10) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) 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 credit-bearing postsecondary education
and training, including through co-instruction.
``(12) Integrated english literacy and civics education.--
The term `integrated English literacy and civics education'
means an integrated program of educational services for
immigrant and other limited English proficient adults,
including immigrant professionals with degrees and credentials
in their native countries, that enables them to achieve
competency in the English language and acquire the basic and
more advanced skills needed to function effectively as parents,
workers, and citizens. Such programs shall include instruction
in literacy and English language acquisition and instruction on
the rights and responsibilities of citizenship and civic
participation, and may include workforce training.'';
(11) by amending paragraph (15) (as so redesignated) to
read as follows:
``(15) Workplace adult education and literacy activities.--
The term `workplace adult education and literacy activities'
means adult education and literacy activities offered by an
eligible provider in collaboration with an employer or employee
organization at a workplace or an off-site location that is
designed to improve the productivity of the workforce.''; and
(12) by adding at the end the following:
``(16) Workforce preparation activities.--The term
`workforce preparation activities' means activities, programs,
or services designed to help an individual acquire a
combination of basic academic skills, critical thinking skills,
and self-management skills, including competencies in utilizing
resources, using information, working with others,
understanding systems, working with technology, and skills
necessary for successful transition into and completion of
postsecondary education or training, or employment.''.
(c) Home Schools.--Section 204 is amended--
(1) by inserting ``whether a home school is treated as a
home school or a private school under State law,'' after ``home
schools,''; and
(2) by striking ``an English literacy program'' and all
that follows and inserting ``adult education and literacy
activities.''.
(d) Rule of Construction.--Title II is further amended by
redesignating section 205 as section 206 and inserting after section
204 the following:
``SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY TRANSITION AND
CONCURRENT ENROLLMENT ACTIVITIES.
``Nothing in this title shall be construed to prohibit or
discourage the use of funds provided under this title for adult
education and literacy activities that help eligible individuals
transition to and succeed in postsecondary education, including credit-
bearing coursework, and training or employment, or for concurrent
enrollment activities.''.
(e) Authorization of Appropriations.--Section 206 (as so
redesignated) is amended--
(1) by inserting ``$1,100,000,000 for fiscal year 2013
and'' after ``to carry out this title''; and
(2) by striking ``of the fiscal years 1999 through 2003''
and inserting ``succeeding fiscal year''.
(f) Technical Amendment.--Title II is further amended--
(1) by striking subtitle B;
(2) by striking the subtitle A designation; and
(3) by redesignating chapters 1 through 4 as subtitles A
through D, respectively.
SEC. 202. AMENDMENTS TO SUBTITLE A.
(a) Reservation of Funds, Eligible Agencies, Allotments.--Section
211 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation of Funds.--From the sum appropriated under
section 206 for a fiscal year, the Secretary--
``(1) shall reserve $250,000,000 to carry out section
242(c)(1)(E);
``(2) shall reserve 1.5 percent to carry out the remainder
of section 242, except that the amount so reserved shall not
exceed $15,000,000;
``(3) shall reserve 1.5 percent to carry out section 243,
except that the amount so reserved shall not exceed
$12,000,000; and
``(4) shall reserve 12 percent of the amount that remains
after reserving funds under paragraphs (1) and (2) to carry out
section 244.'';
(2) in subsection (b)--
(A) by striking ``section 205'' and inserting
``section 206''; and
(B) by striking ``section 224'' and inserting
``section 112 or a State unified plan approved under
section 113''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``section 205'' and
inserting ``section 206'';
(ii) by striking ``section 224'' and
inserting ``section 112 or a State unified plan
approved under section 113''; and
(iii) in subparagraph (A)--
(I) by striking ``$100,000'' and
inserting ``$250,000''; and
(II) by inserting ``except as
provided in subsection (e)'' after
``outlying area''; and
(iv) in subparagraph (B), by striking
``$250,000'' and inserting ``$350,000''; and
(B) in paragraph (2), by striking ``section 205''
and inserting ``section 206'';
(4) by amending subsection (f) to read as follows:
``(f) Hold-Harmless Provisions.--
``(1) In general.--Notwithstanding subsection (c), for
fiscal year 2011 and each succeeding fiscal year, no eligible
agency shall receive an allotment under this section that is
less than 90 percent of the allotment the eligible agency
received for the preceding fiscal year under this section.
``(2) 100 percent allotment.--Notwithstanding paragraph (1)
of subsection (e), for a fiscal year for which an eligible
agency receives only an initial allotment under subsection
(c)(1) (and no additional allotment under subsection (c)(2))
the eligible agency shall receive an allotment under this
section that is equal to 100 percent of the initial allotment
under subsection (c)(1).
``(3) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to
satisfy the provisions of paragraphs (1) and (2), the Secretary
shall ratably reduce the payments to all eligible agencies, as
necessary.''; and
(5) by adding at the end the following:
``(h) Study and Report.--
``(1) Study.--The Comptroller General of the United States
shall conduct a study concerning the formula described in this
section and, in conducting the study, shall, at a minimum--
``(A) examine whether the formula results in a
distribution of funds that sufficiently targets the
entire population of individuals eligible for adult
education and literacy activities under this title;
``(B) examine whether the data used to count
qualified adults, for purposes of the formula,
accurately identify the population of individuals
eligible for the activities; and
``(C) develop recommendations, as necessary, for
improving the formula so that the formula results in a
distribution of funds that better serves that
population and the data used to count qualified adults
accurately measure that population.
``(2) Report.--Not later than 3 years after the date of
enactment of the Workforce Investment Act of 2012, the
Comptroller General shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives
a report containing the results of the study described in
paragraph (1).''.
(b) Performance Accountability System.--Section 212 is amended to
read as follows:
``SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
``Programs and activities authorized in this title are subject to
the performance accountability provisions described in section 136.
Additional indicators shall include the following:
``(1) Demonstrated improvements in literacy skill levels in
reading, writing, and speaking the English language, numeracy,
English language acquisition, and other literacy skills.
``(2) Receipt of a secondary school diploma or its
equivalent.
``(3) Attainment of an industry-recognized workforce
readiness credential or other recognized postsecondary
credential, the attainment of which requires skills below the
postsecondary level.
``(4) Placement in, retention in, or completion of a
postsecondary education or training program.''.
SEC. 203. AMENDMENTS TO SUBTITLE B.
(a) State Administration.--Section 221 is amended--
(1) in paragraph (1), by striking ``submission, and
implementation of the State plan'' and inserting
``implementation, and monitoring of the relevant components of
the State unified plan in section 112 or the State unified plan
in section 113''.
(b) State Distribution and Matching Requirement.--Section 222 is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking `` this subtitle'' and inserting ``section
211(b)'';
(B) in paragraph (1)--
(i) by striking ``82.5 percent'' and
inserting ``80 percent'';
(ii) by striking ``10 percent'' and
inserting ``not less than 10 percent''; and
(iii) by striking ``of the 82.5 percent'';
(C) in paragraph (2), by striking ``12.5 percent''
and inserting ``15 percent''; and
(D) in paragraph (3), by striking ``$65,000'' and
inserting ``$75,000''; and
(2) in subsection (b)(1), by striking ``equal to--'' and
inserting ``that is not less than--''.
(c) State Leadership Activities.--Section 223 is amended by
amending subsection (a) to read as follows:
``(a) Activities.--
``(1) Required.--Each eligible agency shall use funds made
available under section 222(a)(2) and from other funds
available to the State for such purposes, for the following
adult education and literacy activities to develop or enhance
the adult education system of the State or outlying area:
``(A) The alignment of adult education and literacy
activities with other core programs and one-stop
partners, including eligible providers, to implement
the strategy identified in the unified State plan under
section 112 or the State unified plan under section
113, including the development of career pathways to
provide access to employment and training services for
individuals in adult education and literacy activities.
``(B) The establishment or operation of high-
quality professional development programs to improve
the instruction provided pursuant to local activities
required under section 231(b), including instruction
incorporating the essential components of reading,
writing, and numeracy instruction and instruction for
English language learners as such components relate to
adults, instruction related to the specific needs of
adult learners, instruction provided by volunteers or
by personnel of a State or outlying area, and
dissemination of information about models and promising
practices related to such programs.
``(C) The provision of technical assistance to
eligible providers of adult education and literacy
activities, including technical assistance in--
``(i) the development and dissemination of
instructional and programmatic practices based
on available evidence-based research, where
appropriate, in reading, writing, speaking,
mathematics, English language acquisition
programs, distance education, and staff
training;
``(ii) the role of eligible providers as a
one-stop partner in providing access to
employment, education, and training services;
``(iii) the use of technology, including
for staff training, to eligible providers,
especially the use of technology to improve
system efficiencies;
``(iv) the development of content and
models for career pathways, including
integrated education and training, career
bridge programs or instruction, and
postsecondary transition activities; and
``(v) the acquisition and implementation of
technology tools, applications, and other
resources that will--
``(I) help in enhancing or
redesigning adult education, literacy,
and workplace skills curricula to
improve technology literacy for adult
learners;
``(II) facilitate assessments for
data analysis to enable individualized
instruction; and
``(III) be employed in professional
development activities.
``(D) The monitoring and evaluation of the quality
of, and the improvement in, adult education and
literacy activities and the dissemination of
information about models and proven or promising
practices within the State.
``(E) The assessment of the quality of the adult
education teacher workforce in the State, which shall
include taking actions to improve that quality,
including by establishing a requirement that all paid
professionals have at least a bachelor's degree and
that volunteers be required to be supervised or
supported by a paid professional with a bachelor's
degree, and through such actions as working in
partnership with colleges and universities to improve
the quality of adult education teacher preparation and
increase access to high-quality preparation programs.
``(F) The development of rigorous content standards
and aligned assessments for their adult education
programs that reflect accepted standards for college-
and career-readiness that are aligned with the college-
and career-ready standards the State develops and
implements in compliance with section 14006(d)(4) of
the American Recovery and Reinvestment Act of 2009.
``(2) Permissible activities.--Each eligible agency may use
funds made available under section 222(a)(2) for 1 or more of
the following adult education and literacy activities:
``(A) The support of State or regional networks of
literacy resource centers.
``(B) The development and implementation of
technology applications, including online and on-air
educational digital content, translation technology, or
distance education, including professional development
to support the use of instructional technology.
``(C) The development and dissemination of
curricula, including curricula incorporating the
essential components of reading instruction as such
components relate to adults.
``(D) The dissemination of content and models for
integrated education and training and career pathways,
including the provision of technical assistance to
eligible providers in the State administering such
programs.
``(E) The provision of assistance to eligible
providers in developing and implementing programs that
achieve the objectives of this title and in measuring
the progress of those programs in achieving such
objectives, including meeting the State adjusted levels
of performance described in section 136(b)(3).
``(F) The provision of assistance to eligible
providers in the development of new data management
systems required by the performance accountability
system described in section 136(b).
``(G) The development and implementation of a
system to assist in the transition from adult education
to postsecondary education, including linkages with
postsecondary educational institutions or institutions
of higher education.
``(H) The integration of literacy and English
language instruction with occupational skill training,
including promoting linkages with employers.
``(I) Activities to promote workplace adult
education and literacy activities.
``(J) Activities to promote and complement local
outreach initiatives described in section 243(b)(3)(G).
``(K) In cooperation with efforts funded under
sections 242 and 243, development and piloting of--
``(i) promising and proven assessment tools
and strategies that--
``(I) are based on evidence-based
research, where available and
appropriate; and
``(II) identify the needs and
capture the gains of students at all
levels, with particular emphasis on--
``(aa) students at the
lowest achievement level;
``(bb) students who are
English language learners; and
``(cc) adults with learning
disabilities;
``(ii) strategies for improving teacher
quality and retention;
``(iii) assistance in converting evidence-
based research into practice; and
``(iv) strategies in the use of technology,
including online and on-air educational digital
content to improve technology literacy for
adult learners.
``(L) The development and implementation of
programs and services to meet the needs of adult
learners with learning disabilities who are English
language learners.
``(M) Family literacy activities that promote adult
education and help parents become their child's first
teacher.
``(N) Support for recruitment and outreach for
instructors, students, and employers.
``(O) Other activities of statewide significance
that promote the purpose of this title.
``(3) Digital learning.--Each eligible agency may reserve
up to 10 percent of the funds made available under section
(222)(a)(2) for grants to an entity that owns and operates a
television public broadcast station, as defined in section
397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))
(including a partnership of such entities), in partnership with
an eligible agency, State Board described in section 111, or
institution of higher education to develop, disseminate, and
provide online and on-air education and training services for
adults, including:
``(A) the development, training and use of
innovative, high-quality tools, products, and
educational digital content and services for--
``(i) adult education and literacy, GED
preparation, workforce training, and related
outreach (including community and family)
services;
``(ii) professional development; and
``(iii) English language education and
services for non-English speakers;
``(B) the development and implementation of
technology applications, including online and on-air
education digital content, translation technology, or
distance education, including professional development
to support the use of instructional technology; and
``(C) developing and piloting strategies in the use
of technology through online and on-air educational
digital content, including to improve technology
literacy for adult learners.''.
(d) State Plan.--Section 224 is amended to read as follows:
``SEC. 224. STATE PLAN.
``Each State desiring to receive funds under this title for any
fiscal year shall submit and have approved by the Secretary and the
Secretary of Labor a State plan in accordance with section 112 or a
State unified plan in accordance with section 113.''.
(e) Programs for Corrections Education and Other Institutionalized
Individuals.--Section 225 is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``basic
education'' and inserting ``adult education and
literacy activities'';
(B) in paragraph (2), by striking ``education
programs'' and inserting ``education,''; and
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) secondary school credit;
``(4) integrated education and training;
``(5) career pathways;
``(6) concurrent enrollment;
``(7) postsecondary correctional education linked to
employment;
``(8) peer tutoring; and
``(9) transition to re-entry initiatives and other post-
release services with the goal of reducing recidivism.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Report.--In addition to any report required under section
136, each eligible agency that receives assistance provided under this
section shall annually prepare and submit to the Secretary a report on
the progress, as described in section 136, of the eligible agency with
respect to the programs and activities carried out under this section,
including the rate of recidivism for the criminal offenders served.
``(e) Definitions.--In this section:
``(1) Correctional institution.--The term `correctional
institution' means any--
``(A) prison;
``(B) jail;
``(C) reformatory;
``(D) work farm;
``(E) detention center; or
``(F) halfway house, community-based rehabilitation
center, or any other similar institution designed for
the confinement or rehabilitation of criminal
offenders.
``(2) Criminal offender.--The term `criminal offender'
means any individual who is charged with or convicted of any
criminal offense.''.
SEC. 204. AMENDMENTS TO SUBTITLE C.
(a) Grants and Contracts for Eligible Providers.--Section 231 is
amended--
(1) in subsection (b), by striking ``one or more programs
that provide'' and all that follows and inserting ``programs
that provide adult education and literacy activities, programs
that provide such activities concurrently with postsecondary
education or training or employment activities, and credit-
bearing postsecondary coursework.'';
(2) in subsection (c)--
(A) by striking ``Each eligible'' and inserting:
``(1) In general.--Each eligible'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs 2 ems to the right;
(C) in subparagraph (A) (as so redesignated), by
inserting ``and compete'' after ``apply''; and
(D) by adding at the end the following:
``(2) GAO study.--Not later than the second program year
following the date of enactment of the Workforce Investment Act
of 2012, the Comptroller General shall conduct a study to
determine how the provisions of paragraph (1) have been
implemented and whether such provisions accomplished the
purposes of such paragraph.'';
(3) in subsection (d)--
(A) by striking ``section 203(1)'' and inserting
``section 203(4)''; and
(B) by striking ``other than adult education
activities'' and inserting ``other than activities for
eligible individuals''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``will establish
measurable goals for participant outcomes'' and insert
``would be responsive to--
``(A) regional needs as identified in the local
plan under section 118; and
``(B) serving individuals in the community who were
identified in such plan as most in need of adult
education and literacy activities, including
individuals--
``(i) who have low levels of literacy
skills;
``(ii) who have learning disabilities; or
``(iii) who are English language
learners;'';
(B) by amending paragraphs (2) through (8) to read
as follows:
``(2) capacity, including past effectiveness in improving
the English language, reading, and mathematic skills of
eligible individuals of the eligible provider, to meet and
exceed State-adjusted levels of performance for the primary
indicators of performance described in section 136 for eligible
individuals, especially with respect to eligible individuals
who have low levels of literacy;
``(3) the extent to which the eligible provider
demonstrates alignment between proposed activities and services
and the strategy and goals of the local plan under section 118,
as well as with the activities and services of the one-stop
partners;
``(4) whether the eligible provider's program uses
instructional practices that include the essential components
of reading instruction;
``(5) whether the eligible provider's activities are built
on a strong foundation of evidence-based research on available
and effective educational practices;
``(6) whether the eligible provider's activities
effectively employ advances in technology and delivery systems,
including distance education;
``(7) whether the eligible provider's activities provide
learning in context, including through integrated education and
training, so that an individual acquires the skills needed to
transition to and success in completing postsecondary education
and training programs, obtain and advance in employment leading
to economic self-sufficiency, and exercise the rights and
responsibilities of citizenship;
``(8) whether the eligible provider's activities are
delivered by instructors, counselors, and administrators who
meet minimum qualifications established by the State, and who
have access to professional development, including through
electronic means;'';
(C) in paragraph (9)--
(i) by inserting ``eligible provider's''
after ``whether the'';
(ii) by inserting ``education, training,
and social service'' after ``other available'';
(iii) by inserting ``local workforce
investment boards,'' after ``postsecondary
educational institutions,''; and
(iv) by inserting ``, business, industry,
labor organizations, community-based
organizations, nonprofit organizations, and
intermediaries, for the development of career
pathways'' before the semicolon;
(D) in paragraph (10)--
(i) by inserting ``eligible provider's''
after ``whether the'';
(ii) by inserting ``coordination with
Federal, State, and local'' after ``schedules
and''; and
(iii) by striking ``and transportation''
and inserting ``transportation, mental health
services, and career planning''; and
(E) by striking paragraphs (11) and (12) and
inserting the following:
``(11) the capacity of the eligible provider to provide
integrated education and training;
``(12) whether the eligible provider maintains an
information management system that has the capacity to report
measurable participant outcomes (consistent with section 136)
and monitor program performance;
``(13) the capacity of the eligible provider to offer or
connect individuals with career pathways that will lead to
economic self-sufficiency;
``(14) whether the local areas in which the eligible
provider is located have demonstrated need for additional
English language acquisition programs, integrated English
literacy, and civics education programs; and
``(15) the capacity of the eligible provider to serve
eligible individuals with disabilities, including individuals
with learning disabilities.''.
(b) Local Application.--Section 232 is amended--
(1) in the matter preceding paragraph (1), by striking
``under this subtitle'' and inserting ``from an eligible
agency'';
(2) in paragraph (1), by striking ``; and'' and inserting
``consistent with the requirements of this title;''; and
(3) by striking the period at the end of paragraph (2) and
inserting a semicolon, and after such paragraph inserting the
following:
``(3) a description of how the eligible provider will
provide services in alignment with the local plan under section
118, including how such provider will promote concurrent
enrollment in programs and activities under titles I and II, as
appropriate, to assist eligible individuals in accessing and
succeeding in postsecondary education and job training services
and how such provider will promote access to career pathways;
``(4) a description of how the eligible provider will meet
the State adjusted levels of performance described in section
136(b)(3), including how such provider will collect data to
report on such performance indicators;
``(5) a description of how the eligible provider will
fulfill one-stop partner responsibilities as described in
section 121(b)(1)(A), as appropriate;
``(6) a description of how the eligible provider will
provide services in a manner that meets the needs of eligible
individuals; and
``(7) information that addresses the considerations
described under section 231(e), as applicable.''.
(c) Local Administrative Cost Limits.--Section 233 is amended--
(1) in subsection (a)(2), by striking ``personnel
development and interagency coordination'' and inserting
``(including carrying out the requirements of section 136),
professional development, and the activities described in
paragraphs (3) and (5) of section 232''; and
(2) in subsection (b), by striking ``adequate planning,
administration, personnel development, and interagency
coordination'' and inserting ``the eligible provider to carry
out the activities described in subsection (a)(2)''.
SEC. 205. AMENDMENTS TO SUBTITLE D.
(a) Administrative Provisions.--Section 241(b) is amended--
(1) in paragraph (1)(A), by striking ``adult education and
literacy activities'' and inserting ``activities under this
title''; and
(2) in paragraph (4), by striking ``1 fiscal year only''
and inserting ``not more than 1 fiscal year''.
(b) National Institute for Adult Education and Literacy.--Section
242 is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``Adult Education and'' after ``Institute
for'';
(B) in paragraph (1), by striking ``literacy'' and
inserting ``effective adult education and literacy
activities for adults and families, including the
identification of research topics'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively, and inserting
after paragraph (1) the following:
``(2) supports the development and replication of promising
and proven approaches to adult education and literacy
activities and programs of demonstrated effectiveness;'';
(D) in paragraph (3) (as so redesignated), by
striking ``literacy'' and inserting ``and disseminates
information on adult education and literacy
activities,''; and
(E) in paragraph (4) (as so redesignated), by
striking ``programs by--'' and all that follows through
subparagraph (A) and inserting ``activities by--
``(A) providing advice on the efforts of the
Department of Education, Department of Labor, and the
Department of Health and Human Services and other
relevant agencies to achieve the goals of adult
education and literacy programs and programs consistent
with title I, within and across such agencies;
``(B) coordinating and participating in the Federal
effort to identify, produce, and disseminate
information on adult education and literacy activities
that are derived from available evidence-based research
and effective programs that serve adults and families,
including individuals with learning disabilities; and
``(C) providing current information annually on
effective practices and research in adult education and
literacy activities to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives, and the relevant Federal
agencies.'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``Adult
Education and'' after ``Institute for''; and
(B) in paragraph (2), by striking ``separate'' and
inserting ``independent'';
(3) by amending subsection (c) to read as follows:
``(c) Duties.--
``(1) In general.--In order to reinforce and support the
alignment of activities and programs consistent with provisions
under title I, the Institute is authorized--
``(A) to maintain a national electronic database of
information that disseminates information to the
broadest possible audience within the adult education
and literacy field, and that includes--
``(i) best practices and research regarding
the provision of adult education and literacy
activities, including instruction in the
essential components of reading instruction,
integrated education and training, and the
integration of English literacy and civics
education;
``(ii) public and private adult education
and literacy activities and programs, and
Federal, State, and local policies, affecting
the provision of adult education and literacy
activities at the national, State, and local
levels;
``(iii) opportunities for technical
assistance, meetings, conferences, and other
opportunities that lead to the improvement of
adult education and literacy activities;
``(iv) a list of eligible providers; and
``(v) best practices in reading research,
numeracy instruction, and service to English
language learners;
``(B) to coordinate the support of promising and
proven research, as defined by the Institute of
Education Sciences, and development on adult education
and literacy activities for adults and for employers
across Federal agencies, and to carry out basic and
applied research and development on topics that are not
being investigated by other organizations or agencies,
such as the special literacy needs of individuals with
learning disabilities;
``(C) to provide policy and technical assistance to
Federal, State, and local entities for the improvement
of policy and programs relating to adult education and
literacy activities;
``(D) to fund a network of State or regional adult
education and literacy resource centers to assist State
eligible agencies, eligible providers, and private
nonprofit efforts to improve adult education and
literacy activities by--
``(i) encouraging the coordination of adult
education and literacy activities;
``(ii) enhancing the capacity of State
eligible agencies and eligible providers to
deliver adult education and literacy
activities; and
``(iii) serving as a link between the
Institute and eligible providers of adult
education and literacy activities for the
purpose of sharing information, data, research,
expertise, and literacy resources, and for
soliciting research needs;
``(E) to establish and maintain a national adult
learning and technology resource center to--
``(i) develop frameworks for technology-
based learning and professional development
materials for adult education, literacy, and
workplace skills;
``(ii) support distance education for
professional development for eligible entities
and eligible providers of adult education,
literacy, and workplace skills services;
``(iii) coordinate and share information on
the innovative uses of technology, such as the
use of assistive technology to deliver digital
content to adult learners; and
``(iv) be accessible to the public through
the website of the center;
``(F) to advise Congress and Federal departments
and agencies regarding the development of policy with
respect to adult education and literacy activities;
``(G) to undertake other activities that lead to
the improvement of the Nation's adult education and
literacy delivery system and that complement other such
efforts being undertaken by public and private agencies
and organizations, including activities that relate to
the acquisition of skills in reading, writing, English
language acquisition, and mathematics;
``(H) to assist States that are pursuing the
implementation of standards-based educational
improvements and related standards-based assessment
instruments for eligible providers through the
dissemination of training, technical assistance, and
related support; and
``(I) to develop and disseminate best practices on
the education, training, professional development,
certification, and credentialing of adult education
instructors, including how the use of technology can
contribute to such efforts.
``(2) Grants, contracts, and cooperative agreements.--The
Institute may award competitive grants to, or enter into
contracts or cooperative agreements with, individuals, public
or private institutions, agencies, organizations, or consortia
of such institutions, agencies, or organizations to carry out
the activities of the Institute.
``(3) Coordination.--In identifying and supporting
promising and proven research the Institute shall use standards
for research quality that are consistent with those of the
Institute of Education Sciences.'';
(4) in subsection (d)(1), by striking ``research, or
innovation'' and inserting ``or research'';
(5) in subsection (e)--
(A) in the subsection heading, by inserting ``Adult
Education and'' after ``Institute for'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting
``Adult Education and'' after ``Institute
for'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``adult education
and'' after ``organizations and
providers of''; and
(II) by striking ``English
literacy'' and inserting ``English
language acquisition'';
(iii) in subparagraph (B)(ii), by striking
``literacy programs'' and inserting ``or have
participated in or partnered with workplace
adult education and literacy activities'';
(iv) in subparagraph (B)(iii), by striking
``literacy'' both places it appears and
inserting ``adult education and literacy'';
(v) in subparagraph (B)(iv), by inserting
``adult education and literacy research,
including adult'' after ``area of'';
(vi) in subparagraph (B)(vi), by striking
``and'';
(vii) in subparagraph (B)(vii), by striking
the period and inserting ``; and''; and
(viii) by adding at the end the following:
``(viii) institutions of higher education
or postsecondary educational institutions.'';
(C) in paragraph (2)--
(i) in subparagraph (B), by striking
``and'';
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) review the biennial report submitted to
Congress pursuant to subsection (k).''; and
(D) in paragraph (5)--
(i) by striking ``Any'' and inserting
``A''; and
(ii) by inserting ``at a meeting for which
there is a quorum'' before the period;
(6) in subsection (k)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``The'' and inserting ``Not
later than 1 year after the date of enactment
of the Workforce Investment Act of 2012, and
biennially thereafter, the''; and
(ii) by striking ``Committee on Labor and
Human Resources of the Senate'' and inserting
``Committee on Health, Education, Labor and
Pensions of the Senate and the relevant
agencies'';
(B) in paragraph (1), by inserting ``adult
education and'' after ``field of''; and
(C) in paragraph (2), by striking ``adult education
and'' after ``goals of the''; and
(7) by adding at the end the following:
``(m) National Institute for Literacy.--Any reference in any other
Federal law, Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to--
``(1) the head of the National Institute for Literacy shall
be treated as a reference to the head of the National Institute
for Adult Education and Literacy; and
``(2) the National Institute for Literacy shall be treated
as a reference to the National Institute for Adult Education
and Literacy.''.
(c) National Leadership Activities.--Section 243 is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary'' and inserting:
``(a) In General.--The Secretary'';
(B) by inserting ``and outcomes'' after ``the
quality'';
(C) by striking ``programs'' and inserting
``activities and programs''; and
(D) by striking ``Such activities may include the
following:'' and inserting:
``(b) Allowable Activities.--The national leadership activities
described in subsection (a) may include the following:'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (C)
as subparagraphs (B) through (D), respectively and
inserting before subparagraph (B) (as so redesignated)
the following:
``(A) assistance to help States meet the
requirements of section 136;'';
(B) in subparagraph (B) (as so redesignated)--
(i) by striking ``developing and using
performance measures'' and inserting ``using
performance accountability measures based on
indicators described in section 136, and data
systems''; and
(ii) by striking ``, including family
literacy services'';
(C) in subparagraph (C) (as so redesignated), by
striking ``including family literacy services'' and all
that follows and inserting ``utilizing evidence-based
research where available;'';
(D) in subparagraph (D) (as so redesignated)--
(i) by striking ``learning'' and inserting
``education''; and
(ii) by striking the period and inserting
the following: ``, including through the use of
instructional models that blend in-person and
online instruction; and''; and
(E) by adding at the end the following:
``(E) assistance in the development and
dissemination of promising and proven models for
addressing the digital literacy needs of adults,
including older adults.'';
(3) by redesignating paragraph (2) as paragraph (3), and
inserting after paragraph (1) the following:
``(2) A program of grants, contracts, or cooperative
agreements awarded on a competitive basis to national,
regional, or local networks of private nonprofit organizations,
public libraries, or institutions of higher education to build
the capacity of such networks' members to--
``(A) meet the performance requirements, described
in section 136, of eligible providers under this title;
and
``(B) involve eligible individuals in program
improvement.''; and
(4) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
inserting ``institutions of higher education,'' after
``postsecondary educational institutions,'';
(B) in subparagraph (A), by striking ``phonemic
awareness'' and all that follows through ``reading
comprehension'' and inserting ``the essential
components of reading instruction'';
(C) in subparagraph (B), by striking ``, including
family literacy services'';
(D) in subparagraph (C), by striking ``research,
such as'' and inserting: ``research, including
evidence-based research where available, on national
literacy basic skill acquisition for adult learning,
including'';
(E) in subparagraph (D)--
(i) in clause (i), by striking the
semicolon and inserting ``, which may include
programs that--
``(I) accelerate learning outcomes
for eligible individuals with the
lowest literacy levels;
``(II) promote career pathways for
eligible individuals;
``(III) promote concurrent
enrollment programs in adult education
and credit bearing postsecondary
coursework; and
``(IV) develop high-quality
professional development activities for
eligible providers;''; and
(ii) in clause (ii), by striking ``such as
the development'' and all that follows and
inserting ``such as--
``(I) programs for skill
certification;
``(II) the identification of
effective strategies for working with
adults with learning disabilities and
with adults who are English language
learners;
``(III) integrated education and
training programs;
``(IV) programs providing adult
education and literacy activities
coordinated with employment services;
``(V) family literacy activities
that promote adult education and help
parents become their child's first
teacher; and
``(VI) postsecondary education and
training transition programs;'';
(F) in subparagraph (E)--
(i) in the matter preceding clause (i), by
striking ``through studies and analyses
conducted independently'';
(ii) in clause (i)--
(I) by inserting ``accountability''
after ``performance'';
(II) by inserting ``, including
interim measures connected to
increasing advancement along a career
pathway,'' after ``measures of
accountability''; and
(III) by striking ``, including
family literacy services'';
(iii) in clause (ii)--
(I) by striking ``including family
literacy services''; and
(II) by striking ``adults (and of
children'' and all that follows through
``in such activities'' and inserting
``eligible individuals, lead'';
(iv) in clause (iii)--
(I) by striking ``adults'' and
inserting ``eligible individuals'';
(II) by striking ``family''; and
(III) by striking ``programs'' and
inserting ``activities''; and
(v) in clause (iv), by striking ``eligible
agencies have distributed'' and all that
follows and inserting ``different types of
providers measurably improve the skills of
eligible individuals in adult education and
literacy activities;'';
(G) by redesignating subparagraphs (F), (G) and (H)
as subparagraphs (G), (H), and (K), respectively;
(H) by inserting after subparagraph (E) the
following:
``(F) carrying out research on the relationship
between instructional quality, including education
levels, certification status, and experience of
instructors, and the performance outcomes of eligible
providers consistent with section 136;'';
(I) in subparagraph (G) (as so redesignated)--
(i) by inserting ``of programs'' after
``building''; and
(ii) by striking ``subtitle'' and inserting
``title''; and
(J) in subparagraph (H) (as so redesignated), by
striking ``; and'' and inserting a semicolon and
inserting after such subparagraph the following:
``(I) supporting the development of an entity that
would produce and distribute technology-based programs
and materials for adult education and literacy
activities using an interconnection system (as defined
in section 397 of the Communications Act of 1934 (47
U.S.C. 397)) and expand the effective outreach and use
of such programs and materials to eligible providers;
``(J) determining how participation in adult
education and literacy activities prepares eligible
individuals for entry into postsecondary education and
employment and, in the case of programs carried out in
correctional institutions, has an effect on recidivism;
and''.
(d) Integrated English Literacy and Civics Education.--Subtitle D,
as redesignated by section 201(f), is further amended by adding after
section 243 the following new section:
``SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
``(a) In General.--From funds made available under section
211(a)(1)(C) for each fiscal year, the Secretary shall award grants to
States, from allotments under subsection (b), for integrated English
literacy and civics education.
``(b) Allotment.--
``(1) In general.--Subject to paragraph (2), from amounts
made available under section 211(a)(1)(C) for a fiscal year,
the Secretary shall allocate--
``(A) 65 percent to the States on the basis of a
State's need for integrated English literacy and civics
education, as determined by calculating each State's
share of a 10-year average of the data of the Office of
Immigration Statistics of the Department of Homeland
Security for immigrants admitted for legal permanent
residence for the 10 most recent years; and
``(B) 35 percent to the States on the basis of
whether the State experienced growth, as measured by
the average of the 3 most recent years for which the
data of the Office of Immigration Statistics of the
Department of Homeland Security for immigrants admitted
for legal permanent residence are available.
``(2) Minimum.--No State shall receive an allotment under
paragraph (1) in an amount that is less than $60,000.
``(c) Study To Determine Continued Need.--Not later than 2 years
after the date of the enactment of the Workforce Investment Act of 2012
and every 2 years thereafter, the Secretaries of Education, Labor, and
Homeland Security shall submit a report to Congress about the English-
language instruction needs of adult immigrants. It shall include
changes in national, State and county-level approaches and requirements
in English-language instruction; data on the composition of recent
immigration flows and immigrant settlement patterns across States; and
estimated instructional needs based on the English ability and
educational attainment of recent immigrants from top immigrant-sending
countries. Such study shall be commissioned by the Institute of
Education Sciences, with its design conducted in collaboration with the
Departments of Labor and Homeland Security.''.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. EMPLOYMENT SERVICE OFFICES.
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended by
inserting ``service'' before ``offices''.
SEC. 302. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by inserting after paragraph (1) the following:
``(2) the term `employment service office' means a local
office of a State agency;'';
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``investment board'' each place it
appears and inserting ``development board''; and
(B) by striking ``of 1998'' and inserting ``of
2011'';
(4) in paragraph (4) (as so redesignated)--
(A) by striking ``134(c)'' and inserting
``221(e)''; and
(B) by striking ``1998'' and inserting ``2011'';
(5) in paragraph (5) (as so redesignated), by striking
``and'' at the end;
(6) in paragraph (6) (as so redesignated), by striking the
period and inserting ``; and''; and
(7) by adding at the end the following:
``(7) except in section 15, the term `State agency', used
without further description, means an agency designated or
authorized under section 4; and
``(8) the term `workplace learning advisor', has the
meaning given the terms in section 101 of the Workforce
Investment Act of 1998.''.
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES.
(a) Coordination.--Section 3(a) of the Wagner-Peyser Act (29 U.S.C.
49b(a)) is amended by striking ``services'' and inserting ``service
offices''.
(b) Public Labor Exchange Services System.--Section 3(c)(2) of the
Wagner-Peyser Act (29 U.S.C. 49b(c)(2)) is amended by inserting ``, and
identify and disseminate information on best practices for such
system'' before the semicolon.
(c) One-Stop Centers.--Section 3 of the Wagner-Peyser Act (29
U.S.C. 49b) is amended by inserting after subsection (c) the following:
``(d) In order to improve service delivery, avoid duplication of
services, and enhance coordination of services, the employment service
offices in each State and the one-stop centers shall be collocated to
the extent practicable.
``(e) The Secretary, in consultation with States, is authorized to
assist the States in the development of national electronic tools that
may be used to improve access to workforce information for individuals
through--
``(1) the one-stop delivery systems established as
described in section 121(e) of the Workforce Investment Act of
2012; and
``(2) such other delivery systems as the Secretary
determines to be appropriate.''.
SEC. 304. ALLOTMENT OF SUMS.
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended--
(1) in subsection (a)--
(A) by striking ``From'' and inserting ``After
making the reservation required by subsection (c),
from''; and
(B) by striking ``amounts appropriated pursuant to
section 5'' and inserting ``funds appropriated and
(except for Guam) certified under section 5 and made
available for allotments under this section''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting before ``the Secretary''
the following ``after making the allotments
required by subsection (a),''; and
(ii) by striking ``sums'' and all that
follows through ``this Act'' and inserting
``funds described in subsection (a)'';
(B) in each of subparagraphs (A) and (B), by
striking ``sums'' and inserting ``remainder''; and
(C) by adding at the end the following: ``For
purposes of this paragraph, the term `State' does not
include Guam or the Virgin Islands.''.
SEC. 305. USE OF SUMS.
(a) Resources for Unemployment Insurance Claimants.--Section
7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by inserting after subparagraph (F) the following:
``(G) providing unemployment insurance claimants
and other unemployed individuals with referrals to, and
application assistance for, training and education
resources and programs, including Federal Pell Grants
under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq.),
educational assistance under chapter 30 of title 38,
United States Code (commonly referred to as the
Montgomery GI Bill), and chapter 33 of that title
(Post-9/11 Veterans Educational Assistance), student
assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.), State student higher
education assistance, and training and education
programs provided under titles I and II of the
Workforce Investment Act of 2012, and title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).''.
(b) State Activities.--Section 7(b) of the Wagner-Peyser Act (29
U.S.C. 49f(b)) is amended--
(1) in paragraph (1), by striking ``performance standards
established by the Secretary'' and inserting ``the performance
accountability measures that are based on indicators described
in section 136(b)(2)(A)(i) of the Workforce Investment Act of
2012''; and
(2) in paragraph (2), by inserting ``offices'' after
``employment service''.
(c) Providing Additional Funds.--Section 7(c)(2) of the Wagner-
Peyser Act (29 U.S.C. 49f(c)(2)) is amended by striking ``1998'' and
inserting ``2011''.
(d) Other Services and Activities.--Section 7(d) of the Wagner-
Peyser Act (29 U.S.C. 49f(d)) is amended by striking ``1998'' and
inserting ``2011''.
(e) Conforming Amendment.--Section 7(e) of the Wagner-Peyser Act
(29 U.S.C. 49f(e)) is amended by striking ``labor employment
statistics'' and inserting ``labor market information''.
SEC. 306. STATE PLAN.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended to
read as follows:
``Sec. 8. Any State desiring to receive assistance under section 6
shall prepare and submit to, and have approved by, the Secretary and
the Secretary of Education, a State plan in accordance with section 112
or 113 of the Workforce Investment Act of 2011.''.
SEC. 307. PERFORMANCE ACCOUNTABILITY MEASURES.
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is
amended to read as follows:
``(a) The activities carried out pursuant to section 7 shall be
subject to the performance accountability measures that are based on
indicators described in section 136(b)(2)(A)(i) of the Workforce
Investment Act of 2011.''.
SEC. 308. PILOT PROJECTS.
The Wagner-Peyser Act is amended by inserting after section 13 (29
U.S.C. 49l) the following:
``SEC. 13A. PILOT PROJECTS.
``(a) Grants.--From funds appropriated under subsection (f), the
Secretary, in consultation with the Secretary of Education, shall
establish and carry out a pilot program. In carrying out the program,
the Secretary shall annually make grants, on a competitive basis, to
State agencies to cooperate in the administration of this Act by
carrying out pilot projects that enhance the professional development
and provision of services by the staff of such State agencies.
``(b) Use of Funds.--Funds made available under this section may be
used to enable a State agency to--
``(1) make available a broad range of career guidance
services, including career planning, aptitude and interest
assessments, provision of labor market information, job
placement services, and evaluations of the outcomes for
recipients of such services;
``(2) strengthen the capacity of the State agency to
identify job openings through the use of technology, and
through intensive outreach to small- and medium-size employers
while using and enhancing the business and employer services
authorized under this Act;
``(3) provide professional development and career
advancement opportunities for staff of a State agency in order
to upgrade their skills and competencies in the provision of
career development activities, employer outreach, job
placement, and other services authorized under this Act,
including upgrading those skills and competencies through the
training of such staff to improve their knowledge of, and
ability to effectively interact with, staff and programs of
one-stop partners and other entities administering workforce
development programs;
``(4) identify and implement strategies for State agency
staff to provide technical assistance and training to assist
other providers of workforce development activities, including
workplace learning advisors, in providing counseling and
employment-related services to workers and job seekers, and
employers; and
``(5) identify and implement new strategies for integrating
counseling and technology to enhance the provision of
employment-related services under this Act.
``(c) Applications.--A State agency that seeks a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Priority.--In awarding grants under this section, the
Secretary, in consultation with the Secretary of Education, shall--
``(1) give priority to a State agency that--
``(A) demonstrates participation by employees of
the agency and their organized representatives in the
planning of the proposed pilot project;
``(B) demonstrates participation by the employees,
or provides an assurance that the employees will
participate, in the implementation of the pilot
project; and
``(C) demonstrates that the State agency has
established a partnership, or provides an assurance
that the agency will establish a partnership, with a
relevant professional organization, or with an
institution of higher education; and
``(2) ensure geographic diversity and diversity with
respect to the population density of the States in which
projects under this section will be carried out.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2012 through 2016.''.
SEC. 309. LABOR MARKET INFORMATION SYSTEM.
(a) Heading.--The section heading for section 15 of the Wagner-
Peyser Act (29 U.S.C. 49l-2) is amended by striking ``employment
statistics'' and inserting ``labor market information system''.
(b) Name of System.--Section 15(a)(1) of the Wagner-Peyser Act (29
U.S.C. 49l-2(a)(1)) is amended by striking ``employment statistics
system of employment statistics'' and inserting ``labor market
information system''.
(c) System Responsibilities.--Section 15(b) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Structure.--The labor market information
system described in subsection (a) shall be evaluated
and improved by the Secretary, in consultation with the
Workforce Information Advisory Council established in
subsection (d).
``(B) Grants and responsibilities.--
``(i) In general.--The Secretary shall
carry out the provisions of this section in a
timely manner, through grants to or agreements
with States.
``(ii) Distribution of funds.--Using
amounts appropriated under subsection (g), the
Secretary shall provide funds through those
grants and agreements. In distributing the
funds (relating to labor market information
funding) for fiscal years 2012 through 2016,
the Secretary shall continue to distribute the
funds to States in the manner in which the
Secretary distributed funds to the States under
this section for fiscal years 2004 through
2008.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of labor market
information for the system, shall carry out the following
duties:
``(A) Assign responsibilities within the Department
of Labor for elements of the labor market information
system described in subsection (a) to ensure that the
statistical and administrative data collected is
consistent with appropriate Bureau of Labor Statistics
standards and definitions, and that the information is
accessible and understandable to users of such data.
``(B) Actively seek the cooperation of heads of
other Federal agencies to establish and maintain
mechanisms for ensuring complementarity and
nonduplication in the development and operation of
statistical and administrative data collection
activities.
``(C) Solicit, receive, and evaluate the
recommendations from the Workforce Information Advisory
Council established in subsection (d) concerning the
evaluation and improvement of the labor market
information system described in subsection (a) and
respond in writing to the Council regarding the
recommendations.
``(D) Through the Bureau of Labor Statistics and
the Employment and Training Administration, and in
collaboration with States, develop and maintain the
elements of the 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;
and
``(ii) paperwork and reporting for the
system are reduced to a minimum.''.
(d) Two-Year Plan.--Section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2) is amended by striking subsection (c) and inserting the
following:
``(c) Two-Year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, and in consultation with the Workforce
Information Advisory Council described in subsection (d) and heads of
other appropriate Federal agencies, shall prepare a 2-year plan for the
labor market information system. The plan shall be developed and
implemented in a manner that takes into account the activities
described in State plans submitted by States under section 112 or 113
of the Workforce Investment Act of 2012 and shall be submitted to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate. The plan shall include--
``(1) a description of how the Secretary will work with the
States to manage the nationwide labor market information system
described in subsection (a) and the statewide workforce and
labor market information systems that comprise the nationwide
system;
``(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
``(3) an evaluation of the performance of the system, with
particular attention to the improvements needed at the State
and local levels;
``(4) a description of the involvement of States in the
development of the plan, through consultation by the Secretary
with the Workforce Information Advisory Council in accordance
with subsection (d); and
``(5) a description of the written recommendations received
from the Workforce Information Advisory Council established
under subsection (d), and the extent to which those
recommendations were incorporated into the plan.''.
(e) Workforce Information Advisory Council.--Section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended by striking subsection
(d) and inserting the following:
``(d) Workforce Information Advisory Council.--
``(1) In general.--The Secretary, through the Commissioner
of Labor Statistics and the Assistant Secretary of Labor for
Employment and Training, shall formally consult at least twice
annually with the Workforce Information Advisory Council
established in accordance with paragraph (2). Such
consultations shall address the evaluation and improvement of
the nationwide labor market information system described in
subsection (a) and the statewide labor market information
systems that comprise the nationwide system and how the
Department of Labor and the States will cooperate in the
management of such systems. The Council shall provide written
recommendations to the Secretary concerning the evaluation and
improvement of the nationwide system, including any
recommendations regarding the 2-year plan described in
subsection (c).
``(2) Establishment of council.--
``(A) Establishment.--The Secretary shall establish
an advisory council that shall be known as the
Workforce Information Advisory Council (referred to in
this section as the `Council') to participate in the
consultations and provide the recommendations described
in paragraph (1).
``(B) Membership.--The Secretary shall appoint the
members of the Council, which shall consist of--
``(i) 4 members who are representatives of
lead State agencies with responsibility for
workforce investment activities, or State
agencies described in section 4, who have been
nominated by such agencies or by a national
organization that represents such agencies;
``(ii) 4 members who are representatives of
the State labor market information directors
affiliated with the State agencies that perform
the duties described in subsection (e)(2), who
have been nominated by the directors;
``(iii) 1 member who is a representative of
providers of training services under section
122 of the Workforce Investment Act of 2012;
``(iv) 1 member who is a representative of
economic development entities;
``(v) 1 member who is a representative of
businesses, who has been nominated by national
business organizations or trade associations;
``(vi) 1 member who is a representative of
labor organizations, who has been nominated by
a national labor federation;
``(vii) 1 member who is a representative of
local workforce investment boards, who has been
nominated by a national organization
representing such boards; and
``(viii) 1 member who is a representative
of research entities that utilize labor market
information.
``(C) Geographic diversity.--The Secretary shall
ensure that the membership of the Council is
geographically diverse and that no 2 of the members
appointed under clauses (i), (ii), and (vii) represent
the same State.
``(D) Period of appointment; vacancies.--
``(i) In general.--Each member of the
Council shall be appointed for a term of 3
years, except that the initial terms for
members may be 1, 2, or 3 years in order to
establish a rotation in which one-third of the
members are selected each year. Any such member
may be appointed for not more than 2
consecutive terms.
``(ii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office.
``(E) Travel expenses.--The members of the Council
shall not receive compensation for the performance of
services for the Council, but shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the
Council. Notwithstanding section 1342 of title 31,
United States Code, the Secretary may accept the
voluntary and uncompensated services of members of the
Council.''.
(f) State Responsibilities.--Section 15(e) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(e)) is amended--
(1) by striking ``employment statistics'' each place it
appears and inserting ``labor market information'';
(2) in paragraph (1)(A) by striking ``annual plan'' and
inserting ``plan described in subsection (c)''; and
(3) in paragraph (2)--
(A) in subparagraph (G), by inserting ``and'' at
the end;
(B) by striking subparagraph (H);
(C) in subparagraph (I), by striking ``section
136(f)(2) of the Workforce Investment Act of 1998'' and
inserting ``section 131(i)(2) of the Workforce
Investment Act of 2012''; and
(D) by redesignating subparagraph (I) as
subparagraph (H).
(g) Authorization of Appropriations.--Section 15(g) of the Wagner-
Peyser Act (29 U.S.C. 49l-2(g)) is amended by striking ``1999 through
2004'' and inserting ``2012 through 2016''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
SEC. 401. REFERENCES.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a provision, the amendment or repeal shall be considered to
be made to a provision of the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
SEC. 402. FINDINGS, PURPOSE, POLICY.
(a) Findings.--Section 2(a) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7)(A) a high proportion of students are leaving
secondary education without being employed in competitive
integrated employment, or being enrolled in postsecondary
education; and
``(B) there is a substantial need to support such students
as they transition from school to postsecondary life.''.
(b) Purpose.--Section 2(b) (29 U.S.C. 701(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``with disabilities'' and all that follows
through ``economic'' and inserting ``with disabilities,
including individuals with the most significant
disabilities, to maximize opportunities for competitive
integrated employment and to achieve economic''; and
(B) at the end of subparagraph (F), by striking
``and'';
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) to increase employment opportunities and employment
outcomes for individuals with disabilities, including through
encouraging meaningful involvement by employers and vocational
rehabilitation service providers on successful and prospective
employment and placement strategies; and
``(4) to ensure, to the greatest extent possible, that
youth with disabilities and students with disabilities who are
transitioning from receipt of special education services under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) and receiving accommodations and supports consistent
with section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) are either continuing their education or employed in
competitive integrated employment.''.
SEC. 403. REHABILITATION SERVICES ADMINISTRATION.
Section 3 (29 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Office of
the Secretary'' and inserting ``Office of Special
Education and Rehabilitative Services'';
(B) in the second sentence, by striking ``IV and
V'' and inserting ``IV, V, VII, and VIII''; and
(C) by striking the last 3 sentences and inserting
``The functions of the Commissioner shall not be
delegated to any officer, unless the officer is
directly responsible to the Assistant Secretary for
Special Education and Rehabilitative Services.'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) The Secretary shall ensure that--
``(1) the Rehabilitation Services Administration provides
oversight of, conducts monitoring of, and provides technical
assistance to, the designated State agencies funded under this
Act; and
``(2) the staff providing such oversight, monitoring, and
technical assistance includes individuals who have training in
and experience with the programs administered by the
Rehabilitation Services Administration.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``for the programs'' and all that follows and insert
``in a manner that is consistent with the purposes of the
program for which the funds are appropriated and of this Act,
as enumerated in section 2(b)''.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 705) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting after ``means'' the following: ``an
assessment that presumes the attainment of an
employment outcome for all individuals with
disabilities (including individuals with significant
disabilities and individuals with the most significant
disabilities), and that relies on''; and
(B) in subparagraph (B)--
(i) in clause (iii), by striking ``and'' at
the end;
(ii) in clause (iv), by striking the
semicolon and inserting ``; and''; and
(iii) by adding at the end the following:
``(v) to the maximum extent possible,
relies on information obtained from experiences
in integrated employment settings in the
community, and other integrated community
settings;'';
(2) in paragraph (5)--
(A) in the matter preceding subparagraph (A), by
striking ``for employment, including career
advancement'' and inserting ``for competitive
integrated employment and for career advancement,
including'';
(B) by redesignating subparagraphs (O) through (Q)
as subparagraphs (P) through (R);
(C) by inserting after subparagraph (N) the
following:
``(O) customized employment services;''; and
(D) in subparagraph (R), as redesignated by
subparagraph (B) of this paragraph, by striking ``(P)''
and inserting ``(Q)'';
(3) by redesignating paragraphs (6) as paragraph (7) and
inserting after paragraph (5) the following new paragraph:
``(6) Competitive integrated employment.--
``(A) In general.--The term `competitive integrated
employment' means work by an employee who is an
individual with a disability--
``(i) that is compensated at a rate that--
``(I) is the same rate as the rate
for other employees who are not
individuals with disabilities, and who
are similarly situated in similar
occupations by the same employer and
who have similar training, experience,
and skills; and
``(II) shall be in accordance with
the applicable law, but in no event
less than the higher of the rate
specified in section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the applicable
State or local minimum wage law;
``(ii) for which the employee receives
health and employment benefits comparable to
those of other employees;
``(iii) that is at a location typically
found in the community where the employee
interacts frequently with other employees and
individuals who are not individuals with
disabilities to the same extent that non-
disabled employees in comparable positions
interact with others; and
``(iv) that provides opportunities for
advancement that are equivalent to those for
other employees who are not individuals with
disabilities and who have comparable positions.
``(B) Inclusion of customized or supported
employment.--The term `competitive integrated
employment' includes integrated employment resulting
from the provision of customized employment strategies
or supported employment services, provided the work
involved satisfies the criteria described in
subparagraph (A).
``(C) Inclusion of self-employment or micro-
enterprises.--The term `competitive integrated
employment' includes self-employment or micro-
enterprises, as long as the work involved satisfies the
criteria described in subparagraph (A).'';
(4) by redesignating paragraphs (8) through (28) as
paragraphs (9) through (29), respectively, and inserting after
paragraph (7) the following:
``(8) Customized employment.--The term `customized
employment' means an employment outcome in competitive
integrated employment, for an individual with a significant
disability, that is based on an individualized determination of
the strengths, needs, and interests of the individual with a
significant disability, is designed to meet the specific
abilities of the individual with a significant disability and
the business needs of the employer, and is carried out through
flexible strategies, such as--
``(A) job exploration by the individual; and
``(B) working with an employer to facilitate
placement, including--
``(i) customizing a job description based
on current employer needs or on previously
unidentified and unmet employer needs;
``(ii) developing a set of job duties
(including a work schedule) and specifics of
supervision (including performance evaluation
and review), and determining job location;
``(iii) representation by a professional
chosen by the individual, or self-
representation by the individual, in working
with an employer to facilitate placement; and
``(iv) providing services and supports at
the job location.'';
(5) in paragraph (12) (as so redesignated)--
(A) in subparagraph (A), by striking ``competitive
employment in the integrated labor market'' and
inserting ``competitive integrated employment''; and
(B) in subparagraph (C), by inserting ``customized
employment,'' after ``outcome of'';
(6) in paragraph (18) (as so redesignated)--
(A) by striking the ``and'' at the end of
subparagraph (C);
(B) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(E) transition and prevention services that--
``(i) facilitate the transition of
individuals with significant disabilities from
nursing homes and other institutions to home
and community-based residences, with the
required supports and services;
``(ii) provide assistance to individuals
with significant disabilities who are at risk
of entering institutions so that the
individuals may remain in the community; and
``(iii) facilitate the transition of youth
(including students) who are individuals with
significant disabilities, who were eligible for
individualized education programs under section
614(d) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)), and who have
completed their secondary education or
otherwise left school, to postsecondary life,
including employment; and
``(F) services to promote full access to community
life.'';
(7) in paragraph (21)(B), by striking ``and VII'' and
inserting ``VII, and VIII'';
(8) by redesignating paragraphs (29) through (34) as
paragraphs (32) through (37), respectively;
(9) by inserting after paragraph (29) the following:
``(30) Post-employment service.--The term `post-employment
service' means a service identified under section 103(a) that
is--
``(A) provided subsequent to the achievement of an
employment outcome; and
``(B) necessary for an individual to maintain or
regain an employment outcome in competitive integrated
employment, consistent with the individual's strengths,
resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.
``(31) Pre-employment transition services.--
``(A) In general.--The term `pre-employment
transition services' means a coordinated set activities
for an eligible student with a disability, designed
within an outcome-oriented process, that promotes
movement from school to any of the following post-
school activities: postsecondary education, vocational
training, competitive integrated employment (including
supported employment), adult education, adult services,
independent living, or community participation.
``(B) Specific services.--The term `pre-employment
transition services' means a set of services, that is
available to students with disabilities, and that makes
available, at a minimum--
``(i) career counseling;
``(ii) work-based learning experience,
including in-school and after school work
experience, or work experience outside the
traditional school setting (such as experience
through job training or internships), that is
provided in an integrated environment to the
maximum extent possible;
``(iii) counseling on opportunities for
enrollment in a comprehensive transition or
postsecondary educational program at an
institution of higher education;
``(iv) school-based preparatory employment
experiences such as role playing, social skills
development, and independent living training,
coordinated with any transition services
provided by the local educational agency under
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.); and
``(v) training in self-advocacy, individual
rights, self-determination skills, and the
informed consent process, as well as peer
mentoring.
``(C) Coordinated set of activities.--For purposes
of subparagraph (A), the coordinated set of activities
shall be based on the individual student's needs,
taking into account the student's preferences and
interests, and shall include education and training,
community experiences, the development of employment
and other adult living objectives, and, when
appropriate, acquisition of daily living skills and
functional vocational evaluation.'';
(10) by redesignating paragraphs (35) through (39) as
paragraphs (39) through (43), respectively, and inserting after
paragraph (37) (as so redesignated) the following:
``(38) Student with a disability.--
``(A) In general.--The term `student with a
disability' means an individual with a disability who--
``(i) attends a secondary school;
``(ii)(I) is not younger than the earliest
age for the provision of transition services
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)); and
``(II)(aa) is not older than 21 years of
age; or
``(bb) if the State law for the State
provides for a higher maximum age for receipt
of services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.), is not older than that maximum age; and
``(iii)(I) is eligible for, and receiving,
special education or related services under
part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability,
for purposes of section 504.'';
(11) by striking paragraphs (38) and (39), as redesignated
by paragraph (12), and inserting the following:
``(38) Supported employment.--The term `supported
employment' means an employment outcome in competitive
integrated employment, including customized employment, that is
consistent with the strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice of the
individuals involved, for individuals with the most significant
disabilities--
``(A)(i) for whom competitive integrated employment
has not historically occurred; or
``(ii) for whom competitive integrated employment
has been interrupted or intermittent as a result of a
significant disability;
``(B) who, because of the nature and severity of
their disability--
``(i) need intensive supported employment
services for the period described in paragraph
(39); and
``(ii) need extended services described in
paragraph (13) in order to continue to perform
in such work beyond the period described in
paragraph (39); and
``(C) to the extent that on-going extended
services, as described in paragraph (13) of this
section, are needed, the designated State unit will
assist the individual in identifying providers of those
services.
``(39) Supported employment services.--The term `supported
employment services' means ongoing support services, including
customized employment, needed to support and maintain an
individual with a most significant disability in an employment,
outcome that--
``(A) are provided singly or in combination and
organized and made available in such a way as to assist
an eligible individual to succeed in competitive
integrated employment;
``(B) are based on a determination of the needs of
an eligible individual, as specified in an
individualized plan for employment; and
``(C) are provided by the designated State unit for
a period of not more than 24 months, except that the
period may be extended, if necessary, in order to
achieve the employment outcome identified in the
individualized plan for employment.''; and
(12) by inserting after paragraph (43) (as so redesignated)
the following:
``(44) Youth with a disability.--The term `youth with a
disability' means an individual with a disability who--
``(A) is not younger than 14 years of age; and
``(B) is not older than 24 years of age.''.
SEC. 405. ADMINISTRATION OF THE ACT.
Section 12(a)(1) (29 U.S.C. 709) is amended--
(1) by striking ``(1)'' and inserting ``(1)(A)''; and
(2) by adding at the end the following:
``(B) provide technical assistance to the designated State
units on developing successful partnerships with local and
multi-State businesses to increase the employment of
individuals with disabilities; and
``(C) provide technical assistance to providers and
organizations on developing self-employment opportunities and
outcomes for individuals with disabilities.''.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 710) is amended--
(1) in section (c)--
(A) by striking ``(c)'' and inserting ``(c)(1)'';
and
(B) by adding at the end the following:
``(2) The ILA Director described in section 701A shall include, in
the annual report, information on the extent to which centers for
independent living receiving funds under part C of title VII have
complied with the standards and assurances set forth in section 725.
The ILA Director may identify individual centers for independent living
in the analysis contained in that information. The ILA Director shall
include in the report the results of onsite compliance reviews,
identifying individual centers for independent living and other
recipients of assistance under part C of title VII.''; and
(2) by adding at the end the following:
``(d)(1)(A) The Commissioner shall ensure that the reports,
information, and data described in subparagraph (B) are made publicly
available in a timely and accessible manner, including through
electronic means, in order to inform the public about the
administration and performance of programs in each State under this
Act.
``(B) The reports, information, and data referred to in
subparagraph (A) shall consist of--
``(i) reports submitted by a designated State agency or
designated State unit under this Act;
``(ii) accountability information, including State
performance information relating to evaluation standards and
performance indicators, and additional performance
accountability indicators, under section 106, including
information on compliance with such standards, indicators, and
measures, relating to individuals with disabilities, submitted
by a designated State agency or designated State unit under
this Act, or submitted by a State to the Secretary of Labor or
the Secretary of Education under section 136 of the Workforce
Investment Act of 1998;
``(iii) data collected from each designated State unit
under this Act; and
``(iv) reports from monitoring conducted under this Act,
including relevant reports required under section 136 of the
Workforce Investment Act of 1998 and other relevant reports,
information, and data required under title I of such Act.
``(C)(i) The Commissioner shall ensure that the information
described in clause (ii) is made publicly available in a timely and
accessible manner, including through electronic means.
``(ii) The information referred to in clause (i) is--
``(I) the reports, information, and data required to be
submitted by designated State units or designated State
agencies under this Act;
``(II) evaluations, studies, and audits conducted by
Federal agencies, concerning programs carried out under this
Act; and
``(III) a list that specifies the designated State unit or
designated State agency for each State, including a link to the
website maintained by each such unit or agency.
``(2) The Commissioner shall maintain public use read-only access
to the State and aggregated reports, and analyzed data, concerning
programs carried out under this Act, that are filed and maintained in
the Rehabilitation Services Administration management information
system or a system maintained by the Department of Education.''.
SEC. 407. EVALUATION.
Section 14(f)(2) (29 U.S.C. 711(f)(2)) is amended by striking
``nonintegrated to integrated employment'' and inserting
``nonintegrated to competitive integrated employment''.
SEC. 408. CARRYOVER.
Section 19 (29 U.S.C. 716) is amended--
(1) in subsection (a), by striking ``part B of title I''
and all that follows through ``including'' and inserting ``part
B of title I (except the client assistance program funded under
section 112), part B of title VI, or chapter 2 and 4 of title
VII including''; and
(2) by adding at the end the following:
``(c) Client Assistance Program; Protection and Advocacy of
Individual Rights.--
``(1) Appropriated amounts.--Notwithstanding any other
provision of law, any funds appropriated for a fiscal year to
carry out a grant program under section 112 or 509 (except as
provided in section 509(b)), including any funds reallotted
during that fiscal year under such grant program, that are not
obligated and expended by a recipient prior to the beginning of
the succeeding fiscal year, shall remain available for
obligation and expenditure by such recipient during such
succeeding fiscal year.
``(2) Program income.--Notwithstanding any other provision
of law, any amount of program income received by a recipient
under a grant program under section 112 or 509 in a fiscal year
that is not obligated and expended by the recipient prior to
the beginning of the succeeding fiscal year, shall remain
available until expended.''.
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21 (29 U.S.C. 718) is amended in subsection (a), by
striking paragraphs (1) and (2) and inserting the following:
``(1) Racial profile.--The demographic profile of the
United States is changing at an unprecedented rate, with the
population of the Nation becoming far more ethnically diverse
than in the past. Within the United States, while the rate of
increase from 2000 to 2010 for White Americans was 7.9 percent,
the rate of increase during that period for racial and ethnic
minorities was much higher: 42.0 percent for Latinos, 11.4
percent for African-Americans, and 34.9 percent for Asian-
Americans.
``(2) Rate of disability.--Ethnic and racial minorities
tend to have disabling conditions at a disproportionately high
rate. In 2005--
``(A) among Americans ages 25 through 64, the rate
of disability was 17.3 percent;
``(B) among African-Americans in that age range,
the disability rate was more than twice as high, at
21.3 percent; and
``(C) for American Indians in the same age range,
the disability rate was 25.6 percent of the general
population.''.
Subtitle B--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS.
(a) Findings; Purpose; Policy.--Section 100(a) (29 U.S.C. 720(a))
is amended--
(1) in paragraph (1)(C), by striking ``gainful employment
in integrated settings'' and inserting ``gainful employment in
competitive integrated employment settings'';
(2) in paragraph (2)(B), by striking ``gainful employment''
and inserting ``high quality employment that will increase
opportunities for economic self-sufficiency''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``gainful
employment in integrated settings'' and inserting
``competitive integrated employment'';
(B) in subparagraph (C)(ii), by striking ``for the
individuals''; and
(C) in subparagraph (E), by inserting ``should''
before ``facilitate''.
(b) Authorization of Appropriations.--Section 100(b)(1) (29 U.S.C.
720(b)(1)) is amended by striking ``fiscal years 1999 through 2003''
and inserting ``fiscal years 2012 through 2016''.
SEC. 412. STATE PLANS.
(a) Plan Requirements.--Section 101(a) (29 U.S.C. 721(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to
participate'' and all that follows and inserting ``to
receive funds under this title for a fiscal year, a
State shall submit, and have approved by the Secretary
and the Secretary of Labor a State plan in accordance
with section 112, or a State unified plan in accordance
with section 113. The State plan or State unified plan
shall include the provisions of a State plan for
vocational rehabilitation services, described in this
subsection.'';
(B) in subparagraph (B)--
(i) by striking ``in the State plan for
vocational rehabilitation services,'' and
inserting ``as part of the vocational
rehabilitation services portion of the State
plan or State unified plan submitted in
accordance with subparagraph (A),''; and
(ii) by striking ``Rehabilitation Act
Amendments of 1998'' and inserting ``Workforce
Investment Act of 2012''; and
(C) in subparagraph (C)--
(i) by striking ``The State plan shall
remain in effect subject to the submission of
such modifications'' and inserting ``The
vocational rehabilitation services portion of
the State plan or State unified plan submitted
in accordance with subparagraph (A) shall
remain in effect until the State is required to
submit the plan in accordance with subparagraph
(A) or until the submission of such
modifications''; and
(ii) by striking ``, until the State
submits and receives approval of a new State
plan'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``The State
plan'' and inserting ``The State plan for vocational
rehabilitation services'';
(B) in subparagraph (B)(ii)--
(i) in subclause (III), by striking ``and''
at the end;
(ii) in subclause (IV), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(V)(aa) has the authority and
responsibility within the State to
ensure that the funds appropriated
under this title are expended only in a
manner that is consistent with the
purposes of this title; and
``(bb) the authority and
responsibility described in
subparagraph (aa) may not be delegated
to or performed by another agency,
including the designated State agency
for the vocational rehabilitation
program, and or individual.'';
(3) in paragraph (5)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) notwithstanding subparagraph (C), assure that
the designated State unit may give priority for the
provision of services to those eligible individuals who
require specific services or equipment in accordance
with an approved individualized plan for employment to
maintain an employment outcome under the vocational
rehabilitation program; and'';
(4) in paragraph (6)(B), by striking ``to employ and
advance in employment'' and inserting ``to recruit, employ, and
advance in competitive integrated employment'';
(5) in paragraph (7)(A)(v)--
(A) by striking subclause (I) and inserting the
following:
``(I) a system for the continuing
education of rehabilitation
professionals and paraprofessionals
within the designated State unit,
particularly with respect to
rehabilitation technology, including
training implemented in coordination
with entities carrying out State
programs under section 4 of the
Assistive Technology Act of 1998 (29
U.S.C. 3003); and'';
(6) in paragraph (8)--
(A) in subparagraph (A), by striking ``(5)(D)'' and
inserting ``(5)(E)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i) by
striking ``(5)(D)'' and inserting ``(5)(E)'';
and
(ii) in clause (iv), by striking ``(5)(D)''
and inserting ``(5)(E)''; and
(C) in subparagraph (C)(i), by striking ``(5)(D)''
and inserting ``(5)(E)'';
(7) in paragraph (10)--
(A) in subparagraph (B), by striking ``annual'' and
all that follows through ``of 1998'' and inserting
``annual reporting of information, on eligible
individuals receiving the services, that is necessary
to assess the State's performance on those primary
indicators of performance (described in section
136(b)(2)(A) of the Workforce Investment Act of
2012)'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``, from each individual State,''
after ``additional data'';
(ii) in clause (i)(II), by striking
``determined'' and all that follows and
inserting ``determined to be ineligible for
vocational rehabilitation services, and the
reason for such determination of ineligibility
(disaggregated by type of disability, and
age);'';
(iii) in clause (ii)--
(I) in subclause (I), by striking
``(5)(D)'' and inserting ``(5)(E)'';
(II) in subclause (II), by striking
``and'' at the end; and
(III) by adding at the end the
following:
``(IV) the total number of
individuals with ongoing open cases
(disaggregated by individuals who are
in training settings, and individuals
who are in postsecondary education),
and the services individuals described
in this subclause are receiving;
``(V) the total number of students
with disabilities that are receiving
pre-employment transition services, and
the total cost for providing those
services for each full fiscal year
after the date of enactment of the
Workforce Investment Act of 2012;
``(VI) the total number of students
with disabilities that are receiving
transition services, and the total cost
for providing those services for each
full fiscal year after the date of
enactment of the Workforce Investment
Act of 2012;
``(VII) the number of individuals
referred to one-stop centers, as
defined in section 134(c) of the
Workforce Investment Act of 1998; and
``(VIII) the number of individuals
referred from such one-stop centers to
designated State units and the outcomes
of such referrals;'';
(iv) by striking all of clause (iii) and
inserting the following:
``(iii) the number of applicants and
eligible recipients, including the numbers of
individuals with significant disabilities, who
exited the program carried out under this title
and the number who achieved employment outcomes
after receiving vocational rehabilitation
services, including--
``(I) the number of youth with
disabilities who--
``(aa) entered
postsecondary education and the
earnings of such youth who
completed postsecondary
education, by academic fields;
``(bb) attained academic
levels and job skills needed
for employment, such as a high
school diploma, certificate, or
other educational credential
required for the employment
outcome specified in the
individual's individualized
plan for employment;
``(cc) entered
postsecondary training or
programs for apprenticeships
registered under the Act of
August 16, 1937 (commonly known
as the `National Apprenticeship
Act'; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); and
``(dd) the number of youth
with disabilities who entered
employment;
``(II) for individuals who obtained
an employment outcome with wages--
``(aa) the average length
of time for obtaining
employment;
``(bb) the average earnings
of individuals who obtained an
employment outcome;
``(cc) the number who
earned the minimum wage rate
specified in section 6(a)(1) of
the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)) or
another wage level set by the
Commissioner, during such
employment; and
``(dd) the number who
received employment benefits
from an employer during such
employment;
``(III) a comparison, among
individuals who obtained employment, of
the number of individuals who no longer
used public benefits; and
``(IV) for those individuals who
received supported employment
services--
``(aa) the number of
individuals who were employed 6
months after receiving such
services;
``(bb) the number of
individuals who were employed
12 months after receiving such
services; and
``(cc) the number of
individuals who earned wages at
not less than the minimum wage
rate determined under section
6(a)(1) of the Fair Labor
Standards Act of 1938 (29
U.S.C. 206(a)(1)) during their
employment; and''; and
(v) by striking clause (iv) and inserting
the following:
``(iv)(I) the transition from school to
postsecondary life, including employment, and
achievement of the postsecondary vocational
goals, of students with disabilities served
under the program carried out under this title;
and
``(II) the provision of supported
employment services; and'';
(C) in subparagraph (E)(ii), by striking ``of the
State'' and all that follows and inserting ``of the
State in meeting the standards and indicators
established pursuant to section 106.''; and
(D) by adding at the end the following:
``(G) Rules for reporting of data.--The
disaggregation of data under this section shall not be
required within a category if the number of
participants in a category is insufficient to yield
statistically reliable information, or required if the
results would reveal personally identifiable
information about an individual participant.
``(H) Comprehensive report.--The State plan shall
specify that the Commissioner will provide an annual
comprehensive report that includes the reports and data
required under this section, as well as a summary of
the reports and data, for each fiscal year. The
Commissioner shall submit the report to the Committee
on Education and the Workforce of the House of
Representatives, the Committee on Appropriations of the
House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Appropriations of the Senate, not later
than 180 days after the end of the fiscal year
involved.'';
(8) in paragraph (11)--
(A) in subparagraph (A)(i)(II), by inserting
``(including programmatic accessibility and physical
accessibility)'' after ``program accessibility'';
(B) in subparagraph (C)--
(i) by inserting ``the State programs
carried out under section 4 of the Assistive
Technology Act of 1998 (29 U.S.C. 3003),''
after ``including'';
(ii) by inserting ``noneducational agencies
serving out-of-school youth,'' after
``Agriculture''; and
(iii) by striking ``such agencies and
programs'' and inserting ``such Federal, State,
and local agencies and programs'';
(C) in subparagraph (D)--
(i) in clause (ii), by striking
``completion'' and inserting
``implementation'';
(ii) by redesignating clauses (iii) and
(iv) as clauses (iv) and (v), respectively; and
(iii) by inserting after clause (ii) the
following:
``(iii) identifying options for additional
education and training, in order to facilitate
the provision of services for youth with
disabilities, including transition services for
students with disabilities, such as services
provided under section 114;'';
(D) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively;
(E) by inserting after subparagraph (D) the
following:
``(E) Coordination with employers.--The State plan
shall contain plans, policies, and procedures for
coordination between the designated State units, State
workforce investment boards, local workforce investment
boards, and employers that provide for building
relationships with employers and identifying community-
based competitive integrated employment opportunities
and career exploration opportunities, in order to
facilitate the provision of transition services for
youth with disabilities and students with disabilities,
such as services provided under section 114;'';
(F) in subparagraph (F), as redesignated by
subparagraph (E) of this paragraph--
(i) by inserting ``chapter 1 of'' after
``part C of''; and
(ii) by inserting ``, as appropriate''
before the period;
(G) by inserting after subparagraph (F), as
redesignated by subparagraph (E) of this paragraph, the
following:
``(G) Cooperative agreement regarding individuals
eligible for home and community-based waiver
programs.--The State plan shall include an assurance
that the designated State unit has entered into a
formal cooperative agreement with the State agency
responsible for administering the State Medicaid plan
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the State designated agency described
in section 125(d) of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15025) with respect to the delivery of vocational
rehabilitation services, including extended services,
for individuals with the most significant disabilities
who have been determined to be eligible for home- and
community-based services under a Medicaid waiver,
Medicaid State plan amendment, or other authority
related to a State Medicaid program. The agreement
shall describe strategies for collaboration and
coordination in providing vocational rehabilitation
services to such individuals receiving Medicaid home-
and community-based services in a manner consistent
with the person-centered planning process required by
Medicaid.'';
(H) in subparagraph (H), as redesignated by
subparagraph (E) of this paragraph--
(i) in clause (ii)--
(I) by inserting ``on or'' before
``near''; and
(II) by striking ``and'' at the
end;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) strategies for the provision of
transition planning, by personnel of the
designated State unit, the State educational
agency, and the recipient of funds under part
C, that will facilitate the development and
implementation of the individualized education
programs under section 614(d) of the
Individuals with Disabilities Education Act (20
U.S.C. 1414(d)) and, as appropriate, the
development and completion of the
individualized plans for employment under
section 102, in order to enable students with
disabilities to achieve employment outcomes;'';
and
(I) by adding at the end the following:
``(I) Coordination with assistive technology
programs.--The State plan shall include an assurance
that the designated State unit, and the lead agency and
implementing entity (if any) designated by the Governor
of the State under section 4 of the Assistive
Technology Act of 1998 (29 U.S.C. 3003), have developed
working relationships and will enter into agreements
for the coordination of their activities, including the
referral of individuals with disabilities to programs
and activities described in that section.
``(J) Coordination with ticket to work and self-
sufficiency program.--The State plan shall include an
assurance that the designated State unit will
coordinate activities with any other State agency that
is functioning as an employment network under the
Ticket to Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act (42
U.S.C. 1320b-19).'';
(9) in paragraph (14)--
(A) in the paragraph header, by striking ``Annual''
and inserting ``Semiannual'';
(B) in subparagraph (A)--
(i) by striking ``annual'' and inserting
``semiannual'';
(ii) by striking ``(and thereafter'' and
all that follows through ``representative)''
and inserting ``, and annually thereafter'';
and
(iii) by striking ``to competitive'' and
all that follows and inserting the following:
``to competitive integrated employment or
training for competitive integrated
employment;'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) in subparagraph (C), by striking ``the
individuals described'' and all that follows and
inserting ``individuals in attaining competitive
integrated employment; and''; and
(E) by adding at the end the following:
``(D) an assurance that the State will report the
information generated under subparagraphs (A), (B), and
(C), for each of the individuals, to the Administrator
of the Wage and Hour Division of the Department of
Labor for each fiscal year, not later than 60 days
after the end of the fiscal year.'';
(10) in paragraph (15)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking
``and'' at the end; and
(II) by adding at the end the
following:
``(IV) individuals with
disabilities receiving Medicaid home-
and community-based waiver habilitation
services (reference), including pre-
vocational and supported employment
services; and
``(V) youth with disabilities, and
students with disabilities, including
their need for pre-employment
transition services described in
section 114 or other transition
services; and''; and
(ii) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) include an assessment of the needs
of individuals with disabilities for transition
services and pre-employment transition services
provided under this Act, and coordinated with
transition services provided under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), and an assessment as to
whether the transition and pre-employment
transition services provided under those Acts
meet the needs of individuals with
disabilities.'';
(B) in subparagraph (B)--
(i) by redesignating clause (iii) as clause
(iv); and
(ii) by inserting after clause (ii) the
following:
``(iii) the number of individuals who are
eligible for services under this title, but are
not receiving such services due to an order of
selection; and''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (iii) through
(v) as clauses (iv) through (vi); and
(ii) by inserting after clause (ii) the
following:
``(iii) the methods to be used to improve
and expand vocational rehabilitation services
for students with disabilities, including the
coordination of services designed to facilitate
the transition of such students from the
receipt of educational services in school to
postsecondary life (including the receipt of
vocational rehabilitation services under this
title, postsecondary education, employment, and
pre-employment transition services under
section 114);'';
(11) in paragraph (20)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Information on assistance for beneficiaries
of assistance under title ii or xvi of the social
security act.--The State plan shall include an
assurance that the designated State unit will make
available, to individuals entitled to benefits under
title II or XVI of the Social Security Act (42 U.S.C.
401 et seq., 1381 et seq.) on the basis of a disability
or blindness--
``(i) information on the availability of
benefits and medical assistance authorized
under the State Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.) or under the Medicare program under
title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.), and medical assistance
authorized under other federally funded
programs;
``(ii) information on the availability of
assistance through benefits planning and
assistance programs authorized under section
1149 of the Social Security Act (42 U.S.C.
1320b-20) and services provided by the State
protection and advocacy system and authorized
under section 1150 of the Social Security Act
(42 U.S.C. 1320b-21); and
``(iii) in the case of individuals who are
also eligible for a ticket under the Ticket to
Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act
(42 U.S.C. 1320b-19), general information
regarding the options for using the ticket and
information on how to contact a program manager
of the Ticket to Work and Self-Sufficiency
Program to obtain information on approved
employment networks, on providers for the
benefits planning and assistance programs
described in clause (ii) in the State, and on
the services provided by the State protection
and advocacy system and described in clause
(ii).''; and
(12) by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan shall provide an assurance satisfactory to the Secretary
that, with respect to students with disabilities, the State--
``(A) has developed and will implement--
``(i) strategies to address the needs
identified in the assessments described in
paragraph (15); and
``(ii) strategies to achieve the goals and
priorities identified by the State, in
accordance with paragraph (15), to improve and
expand vocational rehabilitation services for
students with disabilities on a statewide
basis; and
``(B) has developed and will implement a plan to
carry out the provision of pre-employment transition
services in accordance with section 114.
``(26) Job growth and development.--The State plan shall
provide an assurance describing how the State will utilize
initiatives involving in-demand industry sectors or occupations
as defined in section 101 of the Workforce Investment Act of
2012 to increase competitive integrated employment
opportunities for individuals with disabilities.''.
(b) Approval.--Section 101(b) (29 U.S.C. 721(b)) is amended to read
as follows:
``(b) Submission; Approval; Modification.--The State plan for
vocational rehabilitation services shall be subject to--
``(1) section 112 of the Workforce Investment Act of 1998,
in a case in which that plan is a portion of the State plan
described in that section 112; and
``(2) section 113 of such Act in a case in which that State
plan for vocational rehabilitation services is a portion of the
State unified plan described in that section 113.''.
(c) Construction.--Section 101 (29 U.S.C. 721) is amended by adding
at the end the following:
``(c) Construction.--Nothing in this part shall be construed to
reduce the obligation of a local educational agency or any other agency
to provide or pay for any transition services that are allowable under
the programs of the respective agencies.''.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
(a) Eligibility.--Section 102(a) (29 U.S.C. 722(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph header, by striking
``Demonstration'' and inserting ``Applicants'';
and
(ii) by striking ``, unless'' and all that
follows and inserting a period; and
(B) in subparagraph (B)--
(i) in the subparagraph header, by striking
``Methods'' and inserting ``Responsibilities'';
(ii) in the first sentence--
(I) by striking ``In making the
demonstration required under
subparagraph (A),'' and inserting
``Prior to determining under this
subsection that an applicant described
in subparagraph (A) is unable to
benefit due to the severity of the
individual's disability or that the
individual is ineligible for vocational
rehabilitation services,''; and
(II) by striking ``, except under''
and all that follows and inserting a
period; and
(iii) in the second sentence, by striking
``individual or to determine'' and all that
follows and inserting ``individual. In
providing the trial experiences, the designated
State unit shall provide the individual with
the opportunity to try different employment
experiences, including supported employment,
and the opportunity to become employed in
competitive integrated employment.'';
(2) in paragraph (3)(A)(ii), by striking ``outcome from''
and all that follows and inserting ``outcome, including
supported employment, from vocational rehabilitation services
due to the current (as of the date of the determination)
severity of the disability of the individual.'';
(3) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``If an individual'' and
inserting ``If, after the designated State unit
carries out the activities described in
paragraph (2)(B), a review of existing data,
and, to the extent necessary, the assessment
activities described in section 7(2)(A)(ii), an
individual''; and
(ii) by striking ``is determined'' and all
that follows through ``not to be'' and
inserting ``is determined not to be'';
(B) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(C) by inserting before subparagraph (B) the
following:
``(A) the ineligibility determination shall be an
individualized one, based on the available data, and
shall not be based on disability category;''; and
(D) in clause (i) of subparagraph (C), as
redesignated by subparagraph (B) of this paragraph, by
inserting after ``determination'' the following: ``,
including clear and convincing evidence that forms the
basis for the determination of ineligibility''; and
(4) in paragraph (6), by striking ``60 days'' each place it
appears and inserting ``45 days''.
(b) Development of an Individualized Plan for Employment, and
Related Information.--Section 102(b) (29 U.S.C. 722(b))--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), and (D), and (E),
respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) information on the availability of assistance
from consumer organizations, as defined in section
106(a)(4) (including a listing of such organizations)
that can assist an individual in the development of an
individualized plan for employment;'';
(2) in paragraph (3), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) amended, as necessary, to include
the post-employment services and service
providers that are necessary for the individual
to maintain or regain employment, consistent
with the individual's strengths, resources,
priorities, concerns, abilities, capabilities,
interests, and informed choice.''; and
(B) by adding at the end the following:
``(F) Timeframe for completing the individualized
plan for employment.--The individualized plan for
employment shall be developed as soon as possible, but
not later than a deadline of 90 days after the date of
the determination of eligibility described in paragraph
(1), unless the designated State unit and the eligible
individual agree to an extension of that deadline to a
specific date by which the individualized plan for
employment shall be completed.
``(G) Failure to develop the individualized plan
for employment within the specified timeframe.--In the
event the individualized plan for employment is not
completed by the deadline or extended deadline, as
appropriate, under subparagraph (F), the eligible
individual shall have the right to request both
mediation and an impartial due process hearing
according to the procedures described in subsection
(c). At such hearing, the hearing officer shall have
the authority to order the designated State unit to
complete the individualized plan for employment within
a specific period of time, not to exceed 60 days from
the date of the decision, in addition to any other
authority given to the officer under this section.'';
and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``choice of
the'' and all that follows and inserting ``choice of
the eligible individual, consistent with the employment
outcome of competitive integrated employment (except
that in the case of an eligible individual who is a
student, the description may be a description of the
student's projected employment outcome);'';
(B) in subparagraph (B)(i)--
(i) by redesignating subclause (II) as
subclause (III); and
(ii) by striking subclause (I) and
inserting the following:
``(I) needed to achieve the employment
outcome, including, as appropriate--
``(aa) the provision of assistive
technology devices and assistive
technology services (including
referrals described in section
103(a)(3) to the device reutilization
programs and demonstrations described
in subparagraphs (B) and (D) of section
4(e)(2) of the Assistive Technology Act
of 1998 (29 U.S.C. 3003(e)(2))) through
agreements developed under section
101(a)(11)(H); and
``(bb) personal assistance services
(including training in the management
of such services);
``(II) in the case of a plan for an
eligible individual that is a student, the
specific transition services and supports
(including work experience, mentoring
activities, and supported employment) needed to
achieve the student's employment outcome or
projected employment outcome; and'';
(C) in subparagraph (F), by striking ``and'' at the
end;
(D) in subparagraph (G), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) for an individual who also is receiving
assistance from an employment network under the Ticket
to Work and Self-Sufficiency Program established under
section 1148 of the Social Security Act (42 U.S.C.
1320b-19), a list of the services that are listed in
the individual work plan that the individual developed
with the employment network under subsection (g) of
that section, and a description of how responsibility
for service delivery will be divided between the
employment network and the designated State unit in
accordance with the agreement between the two parties
required under the Ticket to Work and Self-Sufficiency
Program.''.
(c) Procedures.--Section 102(c) (29 U.S.C. 722(c)) is amended--
(1) in paragraph (1), by adding at the end the following:
``These procedures also shall allow for the review of any delay
in the vocational rehabilitation process.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) any applicable State limit on the
time by which a request for mediation under
paragraph (4) or a hearing under paragraph (5)
shall be made, and any required procedure by
which the request shall be made.''; and
(B) in subparagraph (B)(iii), by inserting ``the
denial,'' before ``reduction,''; and
(3) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Officer.--A due process hearing described in
paragraph (2) shall be conducted by an impartial
hearing officer who, on reviewing all the evidence
presented, shall issue a written decision based on the
provisions of the approved State plan, requirements
specified in this Act (including regulations
implementing this Act), and State regulations and
policies that are consistent with the Federal
requirements specified in this title. The officer shall
provide the written decision to the applicant or
eligible individual, or, as appropriate, the
applicant's representative or individual's
representative, and to the designated State unit. The
impartial hearing officer shall have the authority to
render a decision and require actions, consistent with
the requirements specified in this title (including
regulations implementing this title), regarding all
aspects of the applicant's or eligible individual's
vocational rehabilitation services under this title.'';
and
(B) in subparagraph (B), by striking ``in laws
(including regulations)'' and inserting ``about Federal
and State laws (including regulations) and the approved
State plan''.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)--
(A) by striking paragraph (15) and inserting the
following:
``(15) transition services for students with disabilities,
that facilitate the transition from school to postsecondary
life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment transition
services described in section 114;'';
(B) by redesignating paragraphs (17) and (18) as
paragraphs (18) and (19), respectively;
(C) by inserting after paragraph (16) the
following:
``(17) customized employment services;'';
(D) in paragraph (18), as redesignated by
subparagraph (C) of this paragraph, by striking the
``and'' at the end;
(E) in paragraph (19), as redesignated by
subparagraph (C) of this paragraph, by striking the
period and inserting ``; and''; and
(F) by adding at the end the following:
``(20) mentoring services.''; and
(2) in subsection (b)--
(A) in paragraph (2)(A), by striking the second
sentence and inserting ``Such programs shall be used to
provide services that promote integration into the
community and that result in competitive integrated
employment, including supported employment and
customized employment.''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) Consultation and technical assistance services to
assist State educational agencies and local educational
agencies in planning for the transition of students with
disabilities from school to postsecondary life, including
employment.''.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking clause (ix) and inserting
the following:
``(ix) in a State in which one or more
projects are funded under section 121 and in
which such services are provided through those
projects, at least one representative of the
directors of the projects located in such
State;'';
(ii) in clause (x), by striking ``and'' at
the end;
(iii) in clause (xi), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(xii) the director of the State's
comprehensive statewide program of technology-
related assistance funded under section 4 of
the Assistive Technology Act of 1998 (29 U.S.C.
3003).''; and
(B) in subparagraph (B)--
(i) in clause (xi), by striking ``and'' at
the end;
(ii) in clause (xii), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(xiii) the director of the State's
comprehensive statewide program of technology-
related assistance funded under section 4 of
the Assistive Technology Act of 1998 (29 U.S.C.
3003).''; and
(2) in subsection (c)(6), by striking ``Service Act'' and
all that follows and inserting ``Service Act (42 U.S.C. 300x-
3(a)) and the State workforce investment board, and with the
activities of entities carrying out programs under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);''.
SEC. 416. PERFORMANCE ACCOUNTABILITY MEASURES.
Section 106 (29 U.S.C. 726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Standards and indicators.--The evaluation standards
and performance indicators for the vocational rehabilitation
program carried out under this title shall be subject to the
performance accountability provisions described in section
136(b) of the Workforce Investment Act of 2012.
``(2) Additional performance accountability indicators.--
``(A) In general.--Subject to subparagraph (B), the
Commissioner may establish through regulation
additional performance accountability indicators, which
may include outcome and related measures of program
performance.
``(B) Comment.--Such additional performance
accountability indicators shall be developed with input
from State vocational rehabilitation agencies, related
professional and consumer organizations, recipients of
vocational rehabilitation services, and other
interested parties.
``(3) Reports.--Each State that receives funds under this
title shall submit a report to the Commissioner containing
information on any additional performance accountability
indicators established under paragraph (2).
``(4) Consumer organization.--In this subsection, the term
`consumer organization' means a membership organization, or
disability advocacy group, for which a majority of the members
of the board of directors of the organization or group are
individuals with disabilities or family members of individuals
with disabilities.''; and
(2) in subsection (b)(2)(B), by striking clause (i) and
inserting the following:
``(i) on a biannual basis, review the
program improvement efforts of the State and,
if the State has not improved its performance
to acceptable levels, as determined by the
Commissioner, direct the State to make
revisions to the plan to improve performance;
and''.
SEC. 417. MONITORING AND REVIEW.
(a) In General.--Section 107(a) (29 U.S.C. 727(a)) is amended--
(1) in paragraph (3)(E), by inserting before the period the
following: ``, including personnel of a client assistance
program under section 112, and past or current recipients of
vocational rehabilitation services''; and
(2) in paragraph (4)--
(A) by striking subparagraphs (A) and (B) and
inserting the following:
``(A)(i) the eligibility process to ensure
compliance with the requirements set forth in section
102(a); and
``(ii) implementation of an order of selection, if
applicable, to ensure compliance with the requirements
set forth in section 101(a)(5); and
``(B) the provision of services to ensure
compliance with section 103;'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) data on individuals determined to be
ineligible for services due to severity of their
disability, to determine if systematic changes could
result in increased capacity to meet the needs of such
individuals; and''.
(b) Review.--Section 107(d) of the Rehabilitation Act of 1973 (29
U.S.C. 727(d)) is amended, in paragraphs (1) and (2), by striking ``a
final determination of the Commissioner under section 101(b) or
subsection (c)'' and inserting ``a final determination on a State plan
for vocational rehabilitation services under the procedures referenced
in section 101(b), or a final determination by the Commissioner under
subsection (c)''.
SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS.
Section 109 (29 U.S.C. 728a) is amended to read as follows:
``SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS.
``A State may expend payments received under section 111 to educate
and provide services to employers who have hired or are interested in
hiring individuals with disabilities under programs carried out under
this title, including--
``(1) providing training and technical assistance to
employers regarding the employment of individuals with
disabilities, including disability awareness, and the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and other employment-related laws;
``(2) working with employers to--
``(A) provide opportunities for work-based learning
experience (including internships, short-term
employment, apprenticeships, and fellowships), such as
opportunities in conjunction with pre-employment
transition services;
``(B) recruit qualified applicants with
disabilities;
``(C) train employees with disabilities; and
``(D) promote retention of employees who are at
risk of losing a job due to disability-related
barriers;
``(3) providing consultations, technical assistance, and
support to employers on workplace accommodations, assistive
technology, and facilities and workplace access;
``(4) assisting employers with utilizing available
financial support, including tax credits and deductions
available for hiring or accommodating individuals with
disabilities; and
``(5) supporting the development of working relationships
between State vocational rehabilitation agencies, the workforce
investment system, their community partners, and employers on
multi-State and national levels, including--
``(A) encouraging employers to recruit qualified
individuals with disabilities for available employment
opportunities;
``(B) facilitating such recruitment by
disseminating information about specific available
employment opportunities to qualified individuals who
are recipients of vocational rehabilitation services
under this subtitle, or who are applicants for such
services;
``(C) matching qualified individuals who are
recipients of vocational rehabilitation services under
this subtitle, or who are applicants for such services,
with employers that have available employment
opportunities on the local, regional, or national
level; and
``(D) providing support services, as appropriate,
to employers to facilitate the hiring of qualified
individuals who are recipients of vocational
rehabilitation services under this subtitle, or who are
applicants for such services.''.
SEC. 419. STATE ALLOTMENTS.
(a) In General.--Section 110 (29 U.S.C. 730) is amended--
(1) in subsection (a)(1), by striking ``Subject to the
provisions of subsection (c)'' and inserting ``Subject to the
provisions of subsections (c), (d), and (e), and section
303(d)''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b)(1) Not later than 45 days prior to the end of the fiscal
year, the Commissioner shall determine, after reasonable opportunity
for the submission to the Commissioner of comments by the State agency
administering or supervising the program established under this title,
whether any amount from the payment of an allotment to a State under
section 111(a) for any fiscal year will not be utilized by such State
in carrying out the purposes of this title.
``(2)(A) As soon as practicable but not later than the end of the
fiscal year, the Commissioner shall reallot the amount available under
paragraph (1) to other States, consistent with subparagraphs (B) and
(C), for carrying out the purposes of this title to the extent the
Commissioner determines that another State will be able to use an
additional amount, during that fiscal year or the subsequent fiscal
year for carrying out such purposes.
``(B)(i) The Commissioner shall reallot a portion of the amount
available under paragraph (1) for a fiscal year to each State whose
allotment under subsection (a) for such fiscal year is less than such
State's allotment under subsection (a) for the immediately preceding
fiscal year, adjusted by the percentage change in the funds available
for subsection (a) from the immediately preceding fiscal year.
``(ii)(I) Subject to subclause (II), a State that is eligible to
receive a reallotment under clause (i) shall receive a portion for a
fiscal year from the amount available for reallotment under paragraph
(1) that is equal to the difference between--
``(aa) the amount such State was allotted under subsection
(a) for such fiscal year; and
``(bb) the amount such State was allotted under subsection
(a) for the immediately preceding fiscal year, adjusted by the
percentage change in the funds available for subsection (a)
from the immediately preceding fiscal year.
``(II) If the amount available for reallotment under paragraph (1)
is insufficient to provide each State eligible to receive a reallotment
under clause (i) with the portion described in subclause (I), the
amount reallotted to each eligible State shall be determined by the
Commissioner.
``(C) If there are funds remaining after each State eligible to
receive a reallotment under subparagraph (B)(i) receives the portion
described in subparagraph (B)(ii), the Commissioner shall reallot the
remaining funds among the States requesting a reallotment.
``(3) The Commissioner shall reallot an amount to a State under
this subsection only if the State will be able to make sufficient
payments from non-Federal sources to pay for the non-Federal share of
the cost of vocational rehabilitation services under the State plan for
the fiscal year for which the amount was appropriated.
``(4) For the purposes of this part, any portion made available to
a State for any fiscal year pursuant to this subsection shall be
regarded as an increase of such State's allotment (as determined under
the preceding provisions of this section) for such year.
``(c)(1) For fiscal year 2012 and for each fiscal year thereafter,
the Commissioner shall reserve, from the funds appropriated under
section 100(b)(1) for each fiscal year, an amount that is not less than
1.23 percent and not more than 1.5 percent of those funds in order to
carry out section 121, provided that the minimum percentage that may be
reserved shall increase by 0.01 percent for each succeeding fiscal year
after fiscal year 2012.
``(2) Notwithstanding paragraph (1), there shall be no increase in
the minimum percentage of funds reserved under paragraph (1) unless
there is an equivalent increase in the funds appropriated under section
100(b)(1).''.
(b) Reservation for Transition and Pre-Employment Transition
Services.--Section 110 (29 U.S.C. 730) is amended by adding at the end
the following:
``(d) From any State allotment under subsection (a) for a fiscal
year, the State shall reserve not less than 10 percent of the allotted
funds for the provision of transition services to assist students with
disabilities and youth with disabilities in transitioning from
education or training to employment, which includes pre-employment
transition services under section 114.''.
SEC. 420. CLIENT ASSISTANCE PROGRAM.
Section 112 (29 U.S.C. 732) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``grants to States'' and inserting
``grants to agencies designated under subsection (c)
(referred to individually in this section as a
`designated CAP agency')'';
(B) by inserting ``including under sections 114,''
after ``all available benefits under this Act,''; and
(C) by inserting ``and eligibility'' after ``to
ensure the protection of the rights'';
(2) in subsection (b), by striking the matter preceding
paragraph (1) and inserting ``Neither an agency within the
State, nor the State, may receive payments from an allotment
under subsection (e) in any fiscal year unless the State has
designated under subsection (c) an agency that--'';
(3) in subsection (c)--
(A) in paragraph (2), by inserting ``(as defined in
section 106(a))'' after ``consumer organizations''; and
(B) in paragraph (3), by striking ``agency
designated under this subsection'' and inserting
``designated CAP agency'';
(4) in subsection (d), by striking ``agency designated
under subsection (c) of this section'' and inserting
``designated CAP agency'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) After reserving funds under subparagraphs (E) and (F), the
Secretary shall allot the remainder of the sums appropriated for each
fiscal year under this section among the designated CAP agencies within
the States on the basis of relative population of each State, except
that no such agency shall receive less than $50,000.'';
(ii) in subparagraph (B), by inserting
``the designated CAP agencies located in''
before ``American Samoa''; and
(iii) by striking subparagraph (D) and
inserting the following:
``(D)(i) For any fiscal year for which the funds appropriated for
such fiscal year under subsection (h) exceed $7,500,000, the minimum
allotment under this subsection shall be $100,000 for the designated
CAP agencies located in States and $45,000 for the designated CAP
agencies located in territories.
``(ii) For any fiscal year for which the total amount appropriated
under subsection (h) exceeds the total amount appropriated under such
subsection (or the corresponding provision) for the preceding fiscal
year, the Secretary shall increase each of the minimum allotments under
clause (i) by a percentage that shall not exceed the percentage
increase, calculated by dividing such total amount for the fiscal year
involved by such total amount for the preceding fiscal year.
``(E)(i) For any fiscal year for which the amount appropriated
under subsection (h) equals or exceeds $13,000,000, the Secretary shall
reserve funds appropriated under subsection (h) to make a grant to the
protection and advocacy system serving the American Indian Consortium,
to provide designated CAP agency services in accordance with the
requirements of this section. The amount of such a grant shall be the
same amount as is provided to a territory under subparagraph (B), as
increased under clauses (i) and, if applicable, (ii) of subparagraph
(D).
``(ii) In this subparagraph:
``(I) The term `American Indian Consortium' has the meaning
given the term in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(II) The term `protection and advocacy system' means a
protection and advocacy system established under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
``(F) For any fiscal year for which the amount appropriated under
subsection (h) equals or exceeds $14,000,000, the Secretary shall
reserve not less than 1.8 percent and not more than 2.2 percent of such
amount to provide a grant for training and technical assistance for the
programs established under this section. Such training and technical
assistance shall be coordinated with activities provided under section
509(c)(1)(A).'';
(B) in paragraph (2)--
(i) except as provided in clause (ii), by
striking ``State'' each place it appears and
inserting ``designated CAP agency''; and
(ii) by striking ``States'' each place it
appears and inserting ``designated CAP
agencies''; and
(C) in paragraph (3), by striking ``agency
designated'' and all that follows and inserting
``designated CAP agency the amount specified in the
application approved under subsection (f).'';
(6) in subsection (f), by striking ``State'' and inserting
``designated CAP agency'';
(7) in paragraph (1) of subsection (g), by striking ``such
programs'' and inserting ``the designated CAP agency of a
State''; and
(8) in subsection (h), by striking ``1999 through 2003''
and inserting ``2012 through 2016''.
SEC. 421. TECHNICAL ASSISTANCE FOR QUALITY SERVICES.
Part B of title I (29 U.S.C. 730 et seq.), is amended by adding at
the end the following:
``SEC. 113. ADDITIONAL TECHNICAL ASSISTANCE.
``The Commissioner shall provide technical assistance for programs
provided under this title regarding improving the quality of vocational
rehabilitation services provided through the programs, including--
``(1) consulting with the Department of Labor, the Small
Business Administration, other appropriate Federal agencies,
State and local workforce investment boards, and businesses or
business-led intermediaries;
``(2) based on information obtained through the
consultations, providing--
``(A) technical assistance that improves quality by
enabling designated State units to develop successful
partnerships with local and multi-State businesses in
an effort to employ individuals with disabilities; and
``(B) technical assistance on developing self-
employment opportunities and improving employment
outcomes for individuals with disabilities; and
``(3) providing technical assistance to improve the quality
of vocation rehabilitation services programs carried out under
section 121.''.
SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES.
Part B of title I (29 U.S.C. 730 et seq.), as amended by section
521, is further amended by adding at the end the following:
``SEC. 114. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES FOR
STUDENTS WITH DISABILITIES.
``(a) In General.--From the funds reserved under section 110(d),
and funds made available from State, local, and private funding sources
(consistent with requirements that apply to the acceptance and use of
such funds), each State shall ensure that--
``(1) the designated State unit shall provide, or arrange
for the provision of, pre-employment transition services for
all students with disabilities who are in need of such
services; and
``(2) the designated State unit will not expend more than 5
percent of the funds reserved to carry out this section to pay
for the administrative costs associated with providing pre-
employment transition services under this section.
``(b) Local Pre-Employment Transition Coordinator.--
``(1) Coordinator.--Each local office of a designated State
unit shall designate at least 1 staff person to carry out the
responsibilities of a Local Pre-Employment Transition
Coordinator for students with disabilities, as well as
appropriate staff to support the Coordinator in carrying out
the responsibilities as described in paragraph (2).
``(2) Responsibilities.--It shall be the responsibility of
a Local Pre-Employment Transition Coordinator to--
``(A) attend individualized education program
meetings, as appropriate, for students with
disabilities;
``(B) work with the local workforce investment
boards, one-stop centers, and employers to develop job
opportunities for students with disabilities, including
internships, summer employment opportunities and other
employment opportunities available throughout the
school year, and apprenticeships; and
``(C) work with schools, including those carrying
out activities under section 614(d)(1)(A)(i)(VIII) of
the Individuals with Disabilities Education Act (20
U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and
ensure the provision of pre-employment transition
services for students with disabilities, including
services described in clauses (i) through (v) of
section 7(30)(B).
``(c) National Pre-Employment Transition Coordination.--
``(1) In general.--The Secretary of Education and the
Secretary of Labor shall each designate a lead staff person to
fulfill the responsibilities of a National Pre-Employment
Transition Coordinator for Students with Disabilities. The
National Pre-Employment Transition Coordinators shall work
cooperatively, and with other Federal agencies including the
Corporation for National and Community Service, to develop and
coordinate--
``(A) agency policies related to pre-employment
transition services; and
``(B) resources to increase job opportunities for
students with disabilities, including internships,
summer employment opportunities and other employment
opportunities available throughout the school year, and
apprenticeships.
``(2) Construction.--Nothing in this subsection shall be
construed to prohibit either Secretary from assigning
additional responsibilities, other than the responsibilities
described in this subsection, to a staff person designated
under this subsection.''.
SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
Section 121 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting
before the period the following: ``(referred to in this section
as `eligible individuals'), consistent with such eligible
individuals' strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice, so
that such individuals may prepare for, and engage in, high
quality employment that will increase opportunities for
economic self-sufficiency'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) contains assurances that--
``(i) all decisions affecting eligibility
for vocational rehabilitation services, the
nature and scope of available vocational
rehabilitation services, and the provision of
such services, will be made by a representative
of the tribal vocational rehabilitation program
funded through the grant; and
``(ii) such decisions will not be delegated
to another agency or individual.''; and
(B) by striking paragraphs (3) and (4) and
inserting the following:
``(3) If an application is approved under this part for a grant,
the resulting grant shall be for 5 years, if the grant recipient
complies with the program requirements for the program carried out
under this part (including the regulations promulgated for the
program). The grant shall be renewed for additional 5-year periods if
the Commissioner determines that the grant recipient demonstrated
acceptable past performance and the grant recipient submits, and
obtains approval by the Commissioner, for a plan, including a proposed
budget, that identifies future performance criteria, goals, and
objectives. The State shall continue to provide vocational
rehabilitation services under the State plan to American Indians
residing on or near a reservation whenever such State includes any such
American Indians in its State population under section 110(a)(1).
``(4) In allocating funds for grants under this part, the Secretary
shall give priority to paying the continuation costs of projects in
existence on the date of the allocation and may provide for increases
in funding for such projects that the Secretary determines to be
necessary.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c)(1) From the funds appropriated and made available to carry
out this part for any fiscal year, beginning with fiscal year 2012, the
Commissioner shall first reserve not less than 1.8 percent and not more
than 2 percent of the funds to provide training and technical
assistance to governing bodies described in subsection (a) for such
fiscal year.
``(2) From the funds reserved under paragraph (1), the Commissioner
shall make grants to, and enter into contracts and other arrangements
with, entities that have experience in the operation of vocational
rehabilitation services programs under this section to provide such
training and technical assistance with respect to developing,
conducting, administering, and evaluating such programs.
``(3) The Commissioner shall conduct a survey of the governing
bodies regarding training and technical assistance needs in order to
determine funding priorities for such grants, contracts, or other
arrangements.
``(4) To be eligible to receive a grant or enter into a contract or
other arrangement under this section, such an entity shall submit an
application to the Commissioner at such time, in such manner, and
containing a proposal to provide such training and technical
assistance, and containing such additional information as the
Commissioner may require. The Commissioner shall provide for peer
review of grant applications by panels that include persons who are not
government employees and who have experience in the operation of
vocational rehabilitation services programs under this section.''.
Subtitle C--Research and Training
SEC. 431. PURPOSE.
Section 200 (29 U.S.C. 760) is amended--
(1) in paragraph (1), by inserting ``technical
assistance,'' after ``training,'';
(2) in paragraph (2), by inserting ``technical
assistance,'' after ``training,'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, use, and adoption''
after ``transfer''; and
(ii) by inserting ``in a timely and
efficient manner,'' after ``disabilities''; and
(B) in subparagraph (D), by inserting ``and
dissemination of research findings to individuals with
disabilities and other interested entities'' after
``technology'';
(4) in paragraph (5), by striking ``and'' after the
semicolon;
(5) in paragraph (6), by striking the period and inserting
``; and''; and
(6) by adding at the end the following:
``(7) identify effective strategies for supporting the
employment of individuals with disabilities in competitive
integrated employment.''.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201(a) (29 U.S.C. 761(a)) is amended--
(1) in paragraph (1), by striking ``1999 through 2003'' and
inserting ``2012 through 2016''; and
(2) in paragraph (2), by striking ``1999 through 2003'' and
inserting ``2012 through 2016''.
SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.
Section 202 (29 U.S.C. 762) is amended--
(1) in subsection (a)(1)(A)--
(A) in clause (ii), by striking ``and training;
and'' and inserting ``, training, and technical
assistance;'';
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) knowledge translation and
dissemination; and'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``in
rehabilitation'' and inserting ``on disability and
rehabilitation'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting ``education, health and
health care,'' after ``independent living,'';
and
(ii) by striking subparagraphs (A) through
(D) and inserting the following:
``(A) public and private entities, including--
``(i) elementary schools and secondary
schools (as defined in section 9101 of the
Elementary and Secondary Education Act of
1965);
``(ii) institutions of higher education;
and
``(iii) nongovernmental agencies and
organizations;
``(B) rehabilitation practitioners;
``(C) employers and organizations representing
employers with respect to employment-based educational
materials or research;
``(D) individuals with disabilities (especially
such individuals who are members of minority groups or
of populations that are unserved or underserved by
programs under this Act);
``(E) the individuals' representatives for the
individuals described in subparagraph (D); and
``(F) the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on
Appropriations of the Senate, the Committee on
Education and the Workforce of the House of
Representatives, the Committee on Appropriations of the
House of Representatives, and the National Council on
Disability;''.
(C) in paragraph (6)--
(i) by inserting ``disability and'' after
``advances in''; and
(ii) by inserting ``education, health and
health care,'' after ``independent living,'';
(D) in paragraph (7), by striking ``taking whatever
action is necessary to keep the Congress fully and
currently informed'' and inserting ``reporting to
Congress on a continuing and yearly basis'';
(E) in paragraph (8), by striking ``health,
income,'' and inserting ``health and health care,
income, education,'';
(F) in paragraph (10), by striking ``and
telecommuting; and'' and inserting ``, supported
employment (including customized employment), and
telecommuting;'';
(G) in paragraph (11), by striking the period and
inserting ``; and''; and
(H) by adding at the end the following:
``(12) ensuring that the research activities and findings,
demonstration projects, reports, evaluations, studies,
information described in this section, as well as information
about any reports in progress, will be made publicly available
in a timely manner, including through electronic means (such as
the website of the Department of Education and other relevant
government agency websites) in order to inform the public about
the research and activities performed under this title.'';
(3) in subsection (d)(1), in the second sentence, by
inserting before the period the following: ``, and shall not be
an employee of the Department of Education during the 90-day
period before such appointment'';
(4) in subsection (f)(1), by striking the second sentence
and inserting the following: ``The scientific peer review shall
be conducted by individuals who are not Department of Education
employees, who are scientists or other experts in the
disability and rehabilitation field (including the independent
living field), including individuals with disabilities and the
individuals' representatives, and who have sufficient knowledge
to review applications for the financial assistance. Such panel
shall include a member of the covered school community (for any
activity resulting in educational materials or a product to be
used in a covered school), a member of the business community
(for an activity resulting in a product to be used in an
employment activity), a member of the assistive technology
community (for an activity relating to assistive technology),
and an accessible electronic and information technology vendor
or manufacturer (for an activity relating to accessible
electronic and information technology). The peer review panel
shall include a director of a designated State unit for a panel
that considers research related to the operation or
administration of the vocational rehabilitation program.'';
(5) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by inserting ``disability and'' after
``priorities for''; and
(ii) by inserting ``dissemination,'' after
``training,''; and
(B) in paragraph (2)(A), by striking ``, especially
in the area of employment'';
(6) by redesignating subsections (i), (j), and (k), as
subsections (j), (k), and (l), respectively;
(7) by inserting after subsection (h) the following:
``(i)(1) The Director shall determine if entities that received
financial assistance under this title are complying with the applicable
requirements of this Act and achieving measurable goals, described in
section 204(d)(2), that are consistent with the requirements of the
programs under which the entities received the financial assistance.
``(2) To assist the Director in carrying out the responsibilities
described in paragraph (1), the Director shall require recipients of
financial assistance under this title to submit relevant information to
evaluate program outcomes with respect to the measurable goals
described in section 204(d)(2) pursuant to section 75.118 of title 34,
Code of Federal Regulations.'';
(8) in subsection (k), as redesignated by paragraph (6), by
striking paragraph (3); and
(9) by striking subsection (l), as redesignated by
paragraph (6), and inserting the following:
``(l) The Director shall make grants to institutions of higher
education for the training of rehabilitation researchers, including
individuals with disabilities and traditionally underserved populations
of individuals with disabilities, as described in section 21, with
particular attention to research areas that--
``(1) support the implementation and objectives of this
Act; and
``(2) improve the effectiveness of services authorized
under this Act.
``(m)(1) Not later than December 31 of each year, the Director
shall prepare, and submit to the Secretary, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Education and the Workforce of the House of Representatives, a report
on the activities funded under this title.
``(2) The report under paragraph (1) shall include--
``(A) a compilation and summary of the information provided
by recipients of financial assistance for such activities under
this title;
``(B) a summary of recipients of financial assistance
received under this title and the progress of the recipients of
financial assistance in achieving the measurable goals
described in section 204(d)(2); and
``(C) a summary of practical implications of research
outcomes and anticipated next steps.
``(n)(1) If the Director determines that an entity that receives
financial assistance under this title fails to comply with the
applicable requirements of this Act, or to make progress toward
achieving the measurable goals described in section 204(d)(2), with
respect to the covered activities involved, the Director shall enact
monitoring and enforcement measures pursuant to section 75.253 of title
34, Code of Federal Regulations.
``(2) As part of the annual report required under subsection (m),
the Secretary shall describe each action taken by the Secretary under
paragraph (1) and the outcomes of such action.''.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 (29 U.S.C. 763) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and cooperation'' and inserting
``, cooperation, and collaboration'';
(B) by inserting ``disability and'' after
``agencies conducting'';
(C) by inserting ``the Chairman of the National
Council on Disability, the Assistant Secretary for
Disability Employment Policy, the Secretary of Defense,
the Director of the Office on Disability of the
Department of Health and Human Services,'' after
``Assistant Secretary for Special Education and
Rehabilitative Services,''; and
(D) by striking ``and the Director of the National
Science Foundation.'' and inserting ``the Director of
the National Science Foundation, the Secretary of
Commerce, and the Administrator of the Small Business
Administration.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``from targeted
individuals'' and inserting ``individuals with
disabilities and their representatives''; and
(B) in paragraph (2)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) share information regarding the range of
assistive technology research, rehabilitation research,
and research that incorporates the principles of
universal design, that is being carried out by members
of the Committee and other Federal departments and
organizations;
``(B) identify and make efforts to address, gaps in
assistive technology research, rehabilitation research,
and research that incorporates the principles of
universal design, that are not being adequately
addressed;'';
(ii) in subparagraph (D)--
(I) by striking ``and research that
incorporates the principles of
universal design'' and inserting ``,
rehabilitation research, and research
that incorporates the principles of
universal design''; and
(II) by striking ``and'' after the
semicolon; and
(iii) in subparagraph (E), by striking
``and research that incorporates the principles
of universal design.'' and inserting ``,
rehabilitation research, and research that
incorporates the principles of universal
design; and'';
(3) by striking subsection (d);
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following:
``(c)(1) Not later than 2 years after the date of enactment of the
Workforce Investment Act of 2012, and periodically thereafter, the
Committee shall host a disability and rehabilitation research summit,
for the purposes of establishing a research agenda to ensure projects
are relevant and applicable, bringing together policymakers,
representatives from Federal agencies conducting disability and
rehabilitation research, nongovernmental funders of rehabilitation
research, and organizations representing individuals with disabilities,
researchers, and providers.
``(2) Based on the proceedings of the summit described in paragraph
(1), the Committee shall develop a comprehensive Government-wide
strategic plan for disability and rehabilitation research. The
strategic plan shall include measurable goals and objectives, action-
oriented measures, timetables, budgets, and assignment of responsible
individuals and agencies for carrying out research activities. At a
minimum, the strategic plan shall include--
``(A) research priorities and recommendations;
``(B) the development of a searchable Government-wide
inventory of disability and rehabilitation research for trend
and data analysis across Federal agencies;
``(C) a set of guiding principles and policies and
procedures for conducting and administering disability and
rehabilitation research across Federal agencies; and
``(D) a summary of underemphasized and of duplicative areas
of research.
``(3) Not later than 90 days after the conclusion of the summit
described in paragraph (1), the strategic plan described in paragraph
(2) shall be submitted to the President and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives.
``(4) The annual report prepared by the Committee under subsection
(d) shall include an annual accounting of the progress made in
implementing the strategic plan described in paragraph (2), including
achievement of measurable goals and objectives, timetables, budgets,
and the assignment of responsible individuals and agencies.
``(5) The Committee shall have the authority to facilitate
collaborative projects among Federal agencies by receiving the transfer
of funds from such agencies.'';
(6) in subsection (d), as redesignated by paragraph (4), by
striking paragraph (1) and inserting the following:
``(1) describes the progress of the Committee in fulfilling
the duties described in subsections (b) and (c), and including
specifically for subsection (c)--
``(A) a report of the progress made in implementing
the strategic plan;
``(B) a description of the achievement of
measurable goals, objectives, and timetables;
``(C) detailed budgetary information; and
``(D) the assignment of responsible individuals and
agencies.''; and
(7) in subsection (e)--
(A) in paragraph (1), by striking ``and'' after the
semicolon; and
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `rehabilitation research' means research on
issues and topics related to attaining maximum self sufficiency
and function by individuals with disabilities, including
research on assistive technology and universal design,
employment, education, health and function, and community
integration and participation.''.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 (20 U.S.C. 764) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``have practical real life
applications and'' before ``maximize''; and
(ii) by striking ``employment, independent
living,'' and inserting ``employment,
education, independent living, health and
health care,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
from which the research findings can be
transferred to practice'' after ``State
agencies''; and
(ii) in subparagraph (B)--
(I) by striking clause (ii) and
inserting the following:
``(ii) studies and analysis of policies and the interaction
of how particular factors (industrial, vocational, educational,
employment, social, recreational, psychiatric, psychological,
economic, and health and health care), including for
traditionally underserved populations as described in section
21, affect the rehabilitation of individuals with
disabilities;'';
(II) in clause (iii), by striking
``are homebound'' and inserting ``have
significant challenges attempting to
engage with community life outside of
their homes'';
(III) in clause (iv), by inserting
``, including the principles of
universal design and the
interoperability of products and
services'' after ``disabilities'';
(IV) in clause (v), by inserting
``, and to promote employment
opportunities in competitive integrated
employment'' after ``employment'';
(V) in clause (vi), by striking
``and'' after the semicolon;
(VI) in clause (vii), by striking
``and assistive technology.'' and
inserting ``, assistive technology, and
communications technology; and''; and
(VII) by adding at the end the
following:
``(viii) studies, analyses, and other activities affecting
employment outcomes as defined in section 7(11), including
self-employment and telecommuting, of individuals with
disabilities.''; and
(C) by adding at the end the following:
``(3) In carrying out this section, the Director shall emphasize
covered activities that include plans for--
``(A) dissemination of high quality materials,
scientifically valid research results, or findings,
conclusions, and recommendations resulting from covered
activities, including through electronic means (such as the
website of the Department of Education), so that such
information is available in a timely manner to the general
public; or
``(B) the commercialization of marketable products,
research results, or findings, resulting from the covered
activities.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(18)'' both
places the term appears and inserting ``(17)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
clauses (i) and (ii) and inserting the
following:
``(i) be operated in collaboration with institutions of
higher education or providers of rehabilitation services,
developers or providers of assistive technology devices,
assistive technology services, or information technology
devices or services, or providers of other appropriate
services; and
``(ii) serve as centers of national excellence and national
or regional resources for individuals with disabilities, as
well as providers, educators, and researchers.'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``alleviate or stabilize'' and all that
follows through the semicolon and
inserting ``maximize health and
function (including alleviating or
stabilizing conditions, or preventing
secondary conditions), and promote
maximum social and economic
independence of individuals with
disabilities, including promoting the
ability of the individuals to prepare
for, secure, retain, regain, or advance
in employment;'';
(II) in clause (iii), by striking
``and'' after the semicolon; and
(III) by striking clause (iv) and
inserting the following:
``(iv) serving as an informational and technical assistance
resource to individuals with disabilities, as well as to
providers, educators, and researchers, through conferences,
workshops, public education programs, in-service training
programs, and similar activities and providing knowledge
translation to promote the use of research findings through
training, technical assistance, and dissemination, including
identifying potential new areas of research; and
``(v) developing practical applications for the findings of
the research of the Centers.''; and
(iii) in subparagraph (C)--
(I) in clause (i), by inserting ``,
including research on assistive
technology devices, assistive
technology services, and accessible
electronic and information technology
devices'' after ``research'';
(II) in clause (ii), by striking
``and social'' and inserting ``,
social, and economic'';
(III) by striking clauses (iii)
through (vi) and inserting the
following:
``(iii) improving the evaluation process for determining
the assistive technology needs of individuals with
disabilities;
``(iv) research related to vocational rehabilitation,
including the use of assistive technology devices and
accessible electronic and information technology devices in
employment;
``(v) continuation of research that promotes the emotional,
social, educational, and functional growth of children who are
individuals with disabilities, as well as their integration in
school, employment, and community activities;
``(vi) continuation of research to develop and evaluate
interventions, policies, and services that support families of
children and adults who are individuals with disabilities;
``(vii) continuation of research that will improve services
and policies that foster the independence and social
integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with
intellectual disabilities and other developmental disabilities,
to live in their communities; and
``(viii) research, dissemination, and technical assistance
on best practices in supported employment and other strategies
to promote competitive integrated employment for persons with
the most significant disabilities.'';
(IV) by striking subparagraph (D)
and inserting the following:
``(D) Training of students preparing to be rehabilitation personnel
or to provide rehabilitative, assistive, or supportive services (such
as rehabilitation counseling, personal care services, direct care, job
coaching, aides in school based setting, or advice or assistance in
utilizing assistive technology devices, assistive technology services,
and accessible electronic and information technology devices and
services) shall be an important priority for each such Center.'';
(V) by striking subparagraph (I);
and
(VI) by redesignating subparagraphs
(J) through (O) as subparagraphs (I)
through (N), respectively;
(C) in paragraph (3)--
(i) in subparagraph (B)--
(I) in clause (ii)(II), by striking
``employment'' and inserting
``educational, employment,''; and
(II) in clause (iii)(II), by
striking ``employment'' and inserting
``educational, employment,'';
(ii) in subparagraph (D)(ii), by adding at
the end the following: ``Each such Center
conducting an activity relating to assistive
technology or relating to accessible electronic
and information technology shall include in the
advisory committee a member of the assistive
technology or accessible electronic and
information technology community, respectively.
Each such Center conducting an activity
resulting in educational materials or a product
to be used in a covered school, or resulting in
a product to be used in an employment activity,
shall include in the advisory committee a
member of the covered school community, or a
member of the business community,
respectively.''; and
(iii) in subparagraph (G)(ii), by inserting
``the success of any commercialized product
researched or developed through the Center,''
after ``individuals with disabilities,'';
(D) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``special'' and
inserting ``unique''; and
(II) by inserting ``social and
functional needs, and'' before ``acute
care''; and
(ii) in clause (iv), by inserting
``education, health and health care,'' after
``employment,'';
(E) in paragraph (8)--
(i) by striking ``Veteran's
Administration'' and inserting ``Department of
Veterans Affairs, the Department of Defense,
the Substance Abuse and Mental Health Services
Administration, the Federal Communications
Commission,''; and
(ii) by inserting ``the Department of
Commerce, the Small Business Administration,
the Department of Labor,'' after ``Space
Administration,'';
(F) by striking paragraphs (9) and (11);
(G) by redesignating paragraphs (10), (12), (13),
(14), (15), (16), (17), and (18), as paragraphs (9),
(10), (11), (12), (13), (14), (15), and (16),
respectively;
(H) in paragraph (11), as redesignated by
subparagraph (G)--
(i) in the matter preceding subparagraph
(A), by striking ``employment needs of
individuals with disabilities,'' and inserting
``employment needs, opportunities, and outcomes
(including those relating to self-employment,
supported employment, and telecommuting) of
individuals with disabilities, including older
individuals with disabilities, students with
disabilities who are transitioning from school
to postsecondary life, including employment,
and out of school youth with disabilities,'';
(ii) in subparagraph (B), by inserting
``and employment related'' after ``the
employment'';
(iii) in subparagraph (E), by striking
``and'' after the semicolon;
(iv) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(G) develop models and alternatives to help
transition sheltered workshops for individuals with
disabilities to competitive integrated employment for
such individuals, and develop recommendations for
decreasing reliance on the special minimum wage
certificate program under section 14(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)).'';
(I) in paragraph (14), as redesignated by
subparagraph (G), by striking ``and access to gainful
employment.'' and inserting ``, full participation,
equal opportunity, and economic self-sufficiency.'';
and
(J) by adding at the end the following:
``(17) Research grants may be used to provide for research and
training concerning the delivery of vocational rehabilitation services.
Such projects and activities may include projects and activities
designed to--
``(A) identify, develop, and evaluate evidence-based
practices or policies that are effective in improving
employment outcomes for individuals with disabilities;
``(B) conduct research related to improving the provision
of services for underserved or special populations, such as
strategies to enhance employment services and outcomes for
middle-aged and older workers with disabilities or American
Indians with disabilities;
``(C) conduct research on the delivery of vocational
rehabilitation services to rural areas;
``(D) demonstrate innovative models of service delivery or
testing methods of service delivery that have the potential to
improve the effectiveness of programs authorized under this
Act, including the use of assistive technology devices and
accessible electronic and information technology devices in
employment;
``(E) conduct research on ways to improve the performance
of State vocational rehabilitation agencies;
``(F) disseminate and promote the implementation of
evidence-based practices identified through these activities;
and
``(G) conduct rigorous evaluations of programs and
activities administered by the Rehabilitation Services
Administration or supported under this Act.''; and
(3) by adding at the end the following:
``(d)(1) The Director shall award the grants, contracts, or other
financial assistance under this title on a competitive basis.
``(2)(A) To be eligible to receive financial assistance under this
section for a covered activity, an entity shall submit an application
to the Director at such time, in such manner, and containing such
information as the Director may require.
``(B) The application shall include information describing--
``(i) measurable goals, as established through section 1115
of title 31, United States Code, and a timeline and specific
plan for meeting the goals, that the applicant has set for
addressing priorities related to--
``(I) commercialization of a marketable product
(including a marketable curriculum or research)
resulting from the covered activity;
``(II) in the case of a covered activity relating
to technology, technology transfer;
``(III) in the case of research, dissemination of
research results to, as applicable, Government
entities, individuals with disabilities, covered
schools, the business community, the assistive
technology community, and the accessible electronic and
information technology community; and
``(IV) other priorities as required by the
Director; and
``(ii) how the applicant will quantifiably measure the
goals to determine whether the goals have been accomplished.
``(3)(A) In the case of an application for financial assistance
under this section to carry out a covered activity that results in the
development of a marketable product, the application shall also include
a commercialization and dissemination plan, as appropriate, containing
commercialization and marketing strategies for the product involved,
and strategies for disseminating information about the product. The
financial assistance shall not be used to carry out the
commercialization and marketing strategies.
``(B) In the case of any other application for financial assistance
to carry out a covered activity under this section, the application
shall also include a dissemination plan, containing strategies for
disseminating educational materials, research results, or findings,
conclusions, and recommendations, resulting from the covered
activity.''.
SEC. 436. REHABILITATION RESEARCH ADVISORY COUNCIL.
Section 205 (29 U.S.C. 765) is amended--
(1) in subsection (a), by inserting ``not less than'' after
``composed of''; and
(2) by striking subsection (c) and inserting the following:
``(c) Qualifications.--Members of the Council shall include
representatives of rehabilitation professionals, rehabilitation
researchers, the directors of community rehabilitation programs, the
business community (including a representative of the small business
community) that has experience with the system of vocational
rehabilitation services carried out under this Act and with hiring
individuals with disabilities, assistive technology developers and
manufacturers, information technology vendors and manufacturers,
entities carrying out programs under the Assistive Technology Act of
1998 (29 U.S.C. 3001 et seq.), covered school professionals,
individuals with disabilities, and the individuals' representatives. At
least one-half of the members shall be individuals with disabilities or
the individuals' representatives.''.
SEC. 437. DEFINITION OF COVERED SCHOOL.
Title II (29 U.S.C. 760) is amended by adding at the end the
following:
``SEC. 206. DEFINITION OF COVERED SCHOOL.
``In this title, the term `covered school' means an elementary
school or secondary school (as such terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))
or an institution of higher education.''.
Subtitle D--Professional Development and Special Projects and
Demonstration
SEC. 441. TRAINING.
Section 302 (29 U.S.C. 772) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking all after
``deliver'' and inserting ``supported
employment services and customized
employment services to individuals with
the most significant disabilities'';
and
(II) by striking ``and'' after the
semicolon;
(ii) in subparagraph (F), by striking
``and'' after the semicolon;
(iii) in subparagraph (G), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) personnel trained in providing assistive
technology services.'';
(2) in subsection (b)(1)(B)(i), by striking ``or
prosthetics and orthotics'' and inserting ``prosthetics and
orthotics, rehabilitation teaching for the blind, or
orientation and mobility instruction'';
(3) in subsection (g)--
(A) in paragraph (1), by adding after the period
the following: ``Any technical assistance provided to
community rehabilitation programs shall be focused on
the employment outcome of competitive integrated
employment for individuals with disabilities.''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause
(iv) and inserting the following:
``(iv) for the 2 years following the date
of enactment of the Workforce Investment Act of
2012, to provide training regarding the
amendments made to this Act.''; and
(ii) in subparagraph (B), by striking ``on
the date of enactment of the Rehabilitation Act
Amendments of 1998'' and inserting ``on the
date of enactment of the Workforce Investment
Act of 2012''; and
(4) in subsection (i), by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2012 through
2016''.
SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS.
Section 303 (29 U.S.C. 773) is amended--
(1) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking clause (i) and
inserting the following:
``(i) special projects and demonstration
programs focused on improving transition from
education to competitive integrated employment
for youth who are individuals with significant
disabilities;''; and
(II) by striking clause (iii) and
inserting the following:
``(iii) increasing competitive integrated
employment for individuals with significant
disabilities.''; and
(B) by striking paragraph (6);
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) to provide support and guidance in helping
individuals with significant disabilities, including
students with disabilities, transition to competitive
integrated employment; and''; and
(3) by striking subsection (i), as redesignated by
paragraph (2), and inserting the following:
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section (other than subsections (c) and (e)), there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 2012 through 2016.''.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS.
Section 304(b) (29 U.S.C. 774(b)) is amended by striking ``fiscal
years 1999 through 2003'' and inserting ``fiscal years 2012 through
2016''.
SEC. 444. RECREATIONAL PROGRAMS.
Section 305 (29 U.S.C. 776) is amended--
(1) in subsection (a)(1)(B), by striking ``construction of
facilities for aquatic rehabilitation therapy,''; and
(2) in subsection (b), by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2012 through
2016''.
Subtitle E--National Council on Disability
SEC. 451. REPORT.
Section 401 (29 U.S.C. 781) is amended by striking subsection (c).
SEC. 452. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking ``fiscal years
1999 through 2003'' and inserting ``fiscal years 2012 through 2016''.
Subtitle F--Rights and Advocacy
SEC. 456. BOARD AND COUNCIL.
(a) Architectural and Transportation Barriers Compliance Board.--
Section 502(j) (29 U.S.C. 792(j)) is amended by striking ``1999 through
2003'' and inserting ``2012 through 2016''.
(b) Program or Activity.--Section 504(b)(2)(B) (29 U.S.C.
794(b)(2)(B)) is amended by striking ``vocational education'' and
inserting ``career and technical education''.
(c) Interagency Disability Coordinating Council.--Section 507(a)
(29 U.S.C. 794c(a)) is amended by inserting ``the Chairperson of the
National Council on Disability,'' before ``and such other''.
SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting ``a grant or
contract for'' before ``training'';
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``general'' and all that
follows through ``records'' and inserting
``general authorities (including rights and
remedies), including the authority to access
records''; and
(ii) by inserting ``of title I'' after
``subtitle C''; and
(B) in paragraph (3), by striking ``authority'' and
inserting ``authority (including the right)'';
(3) in subsection (g)(2), by striking ``was paid'' and all
that follows and inserting ``was paid, except that program
income generated from the amount paid to an eligible system for
a fiscal year shall remain available to such system in
accordance with section 19 of this Act.'';
(4) in subsection (l), by striking ``1999 through 2003''
and inserting ``2012 through 2016'';
(5) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(6) by inserting after subsection (k) the following:
``(l) System Authority.--For purposes of serving persons eligible
for services under this section, an eligible system shall have the same
general authorities, including access to records, as the system is
afforded under subtitle C of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as
determined by the Commissioner of the Administration on Developmental
Disabilities.''.
SEC. 458. STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC EQUIPMENT.
Section 510 (29 U.S.C. 794f) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Regulations.--Not later than 6 months after the date of the
issuance of the standards under subsection (a), each appropriate
Federal agency authorized to promulgate regulations under section 504
or the Americans with Disabilities Act of 1990 shall prescribe
regulations in an accessible format, to the extent necessary to carry
out the provisions of this section, section 504, and the Americans with
Disabilities Act of 1990, as applicable, that include accessibility
standards that are consistent with the standards issued under
subsection (a).''; and
(3) in subsection (d), as redesignated by paragraph (1), by
adding at the end the following: ``Not later than 6 months
after the date of the issuance of such amended standards, each
Federal agency covered by subsection (c) shall prescribe
revised regulations, in an accessible format, that are
consistent with the amended standards.''.
Subtitle G--Employment Opportunities for Individuals With Disabilities
SEC. 461. PROJECTS WITH INDUSTRY.
Section 611 (29 U.S.C. 795) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``in the competitive'' and
inserting ``in competitive integrated
employment in the''; and
(ii) by inserting ``locally'' after
``career advancement'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``local and
national'' after ``jointly financed'';
and
(II) by inserting ``in competitive
integrated employment'' after ``career
opportunities'';
(ii) in subparagraph (A)--
(I) by striking clause (ii) and
inserting the following:
``(ii) identify job and career availability within
the community in consultations with local workforce
investment boards, consistent with the existing and
emerging in-demand industry sectors and occupations as
defined in section 101 of the Workforce Investment Act
of 2012, and the employment needs of employers in those
industry sectors and occupations;'';
(II) in clause (iii), by striking
``and'' after the semicolon;
(III) in clause (iv), by inserting
``and'' after the semicolon; and
(IV) by adding at the end the
following:
``(v) coordinate such training and job placement
activities with the local workforce investment boards
described in clause (ii) as appropriate, and with the
Job Corps center industry councils established under
section 154 of the Workforce Investment Act of 2012.'';
and
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and'' after the semicolon;
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) internship programs for individuals with
disabilities who seek employment; and'';
(2) in subsection (e)(2), by striking ``in States, portions
of States, Indian tribes, or tribal organizations'' and
inserting ``nationally or in States, in portions of States,
across multiple States, or in Indian tribes or tribal
organizations''; and
(3) by adding at the end the following:
``(i) Prohibited Use of Funds.--Grant funds awarded under this
section shall not be used to support services in sheltered workshops or
segregated settings.''.
SEC. 462. AUTHORIZATION OF APPROPRIATIONS.
Section 612 (29 U.S.C. 795a) is amended by striking ``fiscal years
1999 through 2003'' and inserting ``fiscal years 2012 through 2016''.
SEC. 463. SUPPORTED EMPLOYMENT SERVICES.
Part B of title VI (29 U.S.C. 795g) is amended to read as follows:
``PART B--SUPPORTED EMPLOYMENT SERVICES
``SEC. 621. PURPOSE.
``It is the purpose of this part to authorize allotments, in
addition to grants for vocational rehabilitation services under title
I, to assist States in developing collaborative programs with
appropriate entities to provide supported employment services for
individuals with the most significant disabilities, including youth
with the most significant disabilities, to enable such individuals to
achieve an employment outcome of supported employment in competitive
integrated employment.
``SEC. 622. ALLOTMENTS.
``(a) In General.--
``(1) States.--The Secretary shall allot the sums
appropriated for each fiscal year to carry out this part among
the States on the basis of relative population of each State,
except that--
``(A) no State shall receive less than $250,000, or
\1/3\ of 1 percent of the sums appropriated for the
fiscal year for which the allotment is made, whichever
amount is greater; and
``(B) if the sums appropriated to carry out this
part for the fiscal year exceed the sums appropriated
to carry out this part for fiscal year 1992 by
$1,000,000 or more, no State shall receive less than
$300,000, or \1/3\ of 1 percent of the sums
appropriated for the fiscal year for which the
allotment is made, whichever amount is greater.
``(2) Certain territories.--
``(A) In general.--For the purposes of this
subsection, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands shall not be considered to be States.
``(B) Allotment.--Each jurisdiction described in
subparagraph (A) shall be allotted not less than \1/8\
of 1 percent of the amounts appropriated for the fiscal
year for which the allotment is made.
``(b) Reallotment.--Whenever the Commissioner determines that any
amount of an allotment to a State for any fiscal year will not be
expended by such State for carrying out the provisions of this part,
the Commissioner shall make such amount available for carrying out the
provisions of this part to one or more of the States that the
Commissioner determines will be able to use additional amounts during
such year for carrying out such provisions. Any amount made available
to a State for any fiscal year pursuant to the preceding sentence
shall, for the purposes of this section, be regarded as an increase in
the allotment of the State (as determined under the preceding
provisions of this section) for such year.
``(c) Limitations on Administrative Costs.--A State that receives
an allotment under this part shall not use more than 5 percent of the
funds made available through the allotment to pay for administrative
costs.
``(d) Services for Youth With the Most Significant Disabilities.--A
State that receives an allotment under this part shall expend half of
the allotment for the provision of supported employment services,
including extended services, to youth with the most significant
disabilities in order to assist those youth to achieve an employment
outcome in supported employment.
``SEC. 623. AVAILABILITY OF SERVICES.
``(a) Supported Employment Services.--Funds provided under this
part may be used to provide supported employment services to
individuals who are eligible under this part.
``(b) Extended Services.--Except as provided in paragraph (c),
funds provided under this part, or title I, may not be used to provide
extended services to individuals who are eligible under this part or
title I.
``(c) Extended Services for Youth With the Most Significant
Disabilities.--Funds allotted under this part, or title I, and used for
the provision of services under this part to youth with the most
significant disabilities pursuant to section 622(d) of this part, may
be used to provide extended services to youth with the most significant
disabilities for a period not to exceed four years.
``SEC. 624. ELIGIBILITY.
``An individual, including a youth with a disability, shall be
eligible under this part to receive supported employment services
authorized under this part if--
``(1) the individual, including a youth with a disability,
is eligible for vocational rehabilitation services under title
I;
``(2) the individual, including a youth, is determined to
be an individual with a most significant disability; and
``(3) a comprehensive assessment of rehabilitation needs of
the individual or youth described in section 7(2)(B), including
an evaluation of rehabilitation, career, and job needs,
identifies supported employment as the appropriate employment
outcome for the individual or youth.
``SEC. 625. STATE PLAN.
``(a) State Plan Supplements.--To be eligible for an allotment
under this part, a State shall submit to the Commissioner, as part of
the State plan under section 101, a State plan supplement for providing
supported employment services authorized under this Act to individuals,
including youth with the most significant disabilities, who are
eligible under this Act to receive the services. Each State shall make
such annual revisions in the plan supplement as may be necessary.
``(b) Contents.--Each such plan supplement shall--
``(1) indicate each designated State agency as the agency
to administer the program assisted under this part;
``(2) summarize the results of the comprehensive, statewide
assessment conducted under section 101(a)(15)(A)(i), with
respect to the rehabilitation needs of individuals, including
youth, with significant disabilities and the need for supported
employment services, including needs related to coordination;
``(3) describe the quality, scope, and extent of supported
employment services authorized under this Act to be provided to
individuals, including youth with the most significant
disabilities, who are eligible under this Act to receive the
services and specify the goals and plans of the State with
respect to the distribution of funds received under section
622;
``(4) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including
entering into cooperative agreements) with other State agencies
and other appropriate entities to assist in the provision of
supported employment services;
``(5) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including
entering into cooperative agreements) with other public or
nonprofit agencies or organizations within the State,
employers, natural supports, and other entities with respect to
the provision of extended services;
``(6) a description of the activities to be conducted under
this part, using the funds specified in section 622(d) of this
title, for providing supported employment services to youth
with the most significant disabilities, including--
``(A) the provision of extended services for a
period not to exceed four years; and
``(B) how the State will use the funds specified in
section 622(d) to leverage other public and private
funds to increase resources for extended services and
expand supported employment opportunities for youth
with the most significant disabilities;
``(7) provide assurances that--
``(A) funds made available under this part will
only be used to provide supported employment services
authorized under this Act to individuals, including
youth, who are eligible under this part to receive the
services;
``(B) the comprehensive assessments of individuals
with significant disabilities, including youth with the
most significant disabilities, conducted under section
102(b)(1) and funded under title I will include
consideration of supported employment as an appropriate
employment outcome;
``(C) an individualized plan for employment, as
required by section 102, will be developed and updated
using funds under title I in order to--
``(i) specify the supported employment
services to be provided, including as
appropriate for youth with the most significant
disabilities, transition services and pre-
employment transition services provided in
accordance with sections 101(a)(25) and 114;
``(ii) specify the expected extended
services needed, including the extended
services that may be provided to youth with the
most significant disabilities under this part,
in accordance with an approved individualized
plan for employment, for a period not to exceed
four years; and
``(iii) identify, as appropriate, the
source of extended services, which may include
natural supports, or to the extent that it is
not possible to identify the source of extended
services at the time the individualized plan
for employment is developed;
``(D) the State will use funds provided under this
part only to supplement, and not supplant, the funds
provided under title I, in providing supported
employment services specified in the individualized
plan for employment;
``(E) services provided under an individualized
plan for employment will be coordinated with services
provided under other individualized plans established
under other Federal or State programs;
``(F) to the extent jobs skills training is
provided, the training will be provided onsite;
``(G) supported employment services will include
placement in an integrated setting based on the unique
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of
individuals with the most significant disabilities;
``(H) the State agencies designated under paragraph
(1) will expend not more than 5 percent of the
allotment of the State under this part for
administrative costs of carrying out this part; and
``(I) with respect to supported employment services
provided to youth with the most significant
disabilities with the funds described in section
622(d), the designated State agency will provide,
directly or indirectly through public or private
entities, non-Federal contributions towards the grant
award in an amount that is not less than 10 percent of
such costs; and
``(8) contain such other information and be submitted in
such manner as the Commissioner may require.
``SEC. 626. RESTRICTION.
``Each State agency designated under section 625(b)(1) shall
collect the information required by section 101(a)(10) separately for
eligible--
``(1)(A) individuals receiving supported employment
services under this part; and
``(B) individuals receiving supported employment services
under title I; and
``(2)(A) youth receiving supported employment services
under this part; and
``(B) youth receiving supported employment services under
title I.
``SEC. 627. SAVINGS PROVISION.
``(a) Supported Employment Services.--Nothing in this Act shall be
construed to prohibit a State from providing supported employment
services in accordance with the State plan submitted under section 101
by using funds made available through a State allotment under section
110.
``(b) Post-Employment Services.--Nothing in this part shall be
construed to prohibit a State from providing discrete post-employment
services in accordance with the State plan submitted under section 101
by using funds made available through a State allotment under section
110 to an individual who is eligible under this subpart.
``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
including for technical assistance, such sums as may be necessary for
each of the fiscal years 2012 through 2016.''.
Subtitle H--Independent Living Services and Centers for Independent
Living
CHAPTER 1--GENERAL PROVISIONS
SEC. 471. PURPOSE.
Section 701 (29 U.S.C. 796) is amended, in paragraph (3), by
inserting before the period the following: ``, with the goal of
improving the independence of and equal opportunity for individuals
with disabilities''.
SEC. 472. INDEPENDENT LIVING ADMINISTRATION.
Title VII (29 U.S.C. 796 et seq.) is amended by inserting after
section 701 the following:
``SEC. 701A. INDEPENDENT LIVING ADMINISTRATION.
``(a) Establishment.--In order to promote the philosophy and
purpose of section 701, there is established within the Department of
Education an Independent Living Administration, independent of the
Rehabilitation Services Administration.
``(b) Director.--The Independent Living Administration shall be
headed by a Director (referred to in this title as the `ILA Director')
appointed by the Secretary. The ILA Director shall not have been an
employee of the Department of Education during the 90-day period before
such appointment, and shall have substantial knowledge of independent
living services. The Independent Living Administration shall be the
principal agency, and the ILA Director shall be the principal officer,
of the Department for carrying out this title. The ILA Director shall
have the same reporting relationship as is outlined in section
202(a)(2), and shall be a different individual than the Commissioner.
``(c) General Counsel.--The Office of the General Counsel of the
Department of Education shall designate 1 or more individuals, with
substantial background in and knowledge of independent living services
and centers for independent living under this title, to provide advice,
support, and technical assistance to the ILA Director.
``(d) Input.--The ILA Director shall have the authority to seek
such input and advice, including convening meetings, as the ILA
Director determines to be appropriate with respect to the policies and
conduct of the Independent Living Administration.
``(e) Staff.--The Secretary shall ensure that--
``(1) the Independent Living Administration has sufficient
staff to provide oversight of, conduct auditing of, and provide
technical assistance to, the centers for independent living and
Statewide Independent Living Councils funded under this Act;
and
``(2) such staff includes qualified individuals who have
significant experience with centers for independent living or
Statewide Independent Living Councils described in section
705.''.
SEC. 473. DEFINITIONS.
Section 702 (29 U.S.C. 796a) is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by
inserting ``for individuals with significant
disabilities (regardless of age or income)'' before
``that--'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period and
inserting ``, including, at a minimum, independent
living core services as defined in section 7(17);
and''; and
(D) by adding at the end the following:
``(C) has sufficient staff to provide the services
described in subparagraph (B).''; and
(2) in paragraph (2), by striking the period and inserting
the following: ``, both in terms of--
``(A) the management, staffing, decisionmaking, and
operation of the center; and
``(B) the center's establishment of policies,
direction, and provision of services.''.
SEC. 474. STATE PLAN.
Section 704 (29 U.S.C. 796c) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``State plan'' the
following: ``developed and signed in accordance
with paragraph (2),''; and
(ii) by striking ``Commissioner'' each
place it appears and inserting ``ILA
Director'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``developed and signed by'';
and
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) developed by the chairperson of the Statewide
Independent Living Council, the director of the
designated State entity described in subsection (c),
and the directors of the centers for independent living
in the State, after receiving public input from
individuals with disabilities throughout the State; and
``(B) signed by--
``(i) the chairperson of the Statewide
Independent Living Council, acting on behalf of
and at the direction of the Council;
``(ii) the director of the designated State
entity described in subsection (c); and
``(iii) not less than 51 percent of the
directors of the centers for independent living
in the State.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking
``State independent living services'' and
inserting ``independent living services in the
State'';
(ii) in subparagraph (B), by striking
``and'' at the end; and
(iii) by striking subparagraph (C) and
inserting the following:
``(C) working relationships and collaboration
between--
``(i) centers for independent living; and
``(ii)(I) entities carrying out programs
that provide independent living services,
including those serving older individuals;
``(II) other community-based organizations
that provide or coordinate the provision of
housing, transportation, employment,
information and referral assistance, services,
and supports for individuals with significant
disabilities; and
``(III) entities carrying out the
vocational rehabilitation program established
under title I, and other programs providing
services for individuals with disabilities; and
``(D) cooperative agreements and partnerships to
provide a seamless model for provision of services to
individuals with disabilities and to avoid duplication
of services.'';
(D) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``ILA Director'';
and
(E) by adding at the end the following:
``(5) Statewide basis.--The State plan shall provide for
the provision of independent living services on a statewide
basis, to the greatest extent possible, including through the
establishment of additional centers for independent living or
focused outreach to serve underserved populations.'';
(2) in subsection (b), by striking the period and inserting
the following: ``, as well as a plan for funding the
administrative costs of the Council.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Unit''
and inserting ``Entity'';
(B) in the matter preceding paragraph (1), by
striking ``the designated State unit of such State''
and inserting ``a State entity of such State (referred
to in this title as the `designated State entity'),
which may be the designated State unit, an entity
within the designated State agency, or an entity within
a different State agency,'';
(C) in paragraphs (3) and (4), by striking
``Commissioner'' each place it appears and inserting
``ILA Director'';
(D) in paragraph (3), by striking ``and'' at the
end; and
(E) in paragraph (4), by striking the period and
inserting ``; and'';
(4) in subsection (i), by striking paragraphs (1) and (2)
and inserting the following:
``(1) the Statewide Independent Living Council;
``(2) centers for independent living;
``(3) the designated State entity; and
``(4) other State agencies or entities represented on the
Council, other councils that address the needs and issues of
specific disability populations, and other public and private
entities determined to be appropriate by the Council.'';
(5) in subsection (m)--
(A) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``ILA Director'';
and
(B) in paragraph (5), by striking ``Commissioner''
each place it appears and inserting ``ILA Director'';
and
(6) by adding at the end the following:
``(o) Promoting Full Access to Community Life.--
``(1) In general.--The plan shall describe how the State
will provide independent living services that promote full
access to community life for individuals with significant
disabilities.
``(2) Services.--The services shall include--
``(A) facilitating transitions of individuals with
significant disabilities from nursing homes and other
institutions, to home- and community-based residences,
with the requisite supports and services;
``(B) providing assistance to individuals with
significant disabilities that are at risk of entering
institutions so that the individuals may remain in the
community; and
``(C) facilitating transitions of youth (including
students) who are individuals with significant
disabilities, who were eligible for individualized
education programs under section 614(d) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)), and who have completed their secondary
education or otherwise left school, to postsecondary
life, including employment.''.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL.
Section 705 (29 U.S.C. 796d) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Composition.--The Council shall include--
``(A) among its voting members, at least 1 director
of a center for independent living chosen by the
directors of centers for independent living within the
State;
``(B) among its voting members, for a State in
which 1 or more centers are funded under section
721(c)(4), at least 1 representative of the directors
of the centers; and
``(C) as ex officio, nonvoting members, a
representative of the designated State entity, and
representatives from State agencies that provide
services for individuals with disabilities.'';
(B) in paragraph (3)--
(i) by redesignating subparagraphs (C)
through (F) as subparagraphs (D) through (G),
respectively;
(ii) in subparagraph (B), by striking
``parents and guardians of''; and
(iii) by inserting after paragraph (B) the
following:
``(C) parents and guardians of individuals with
disabilities;''; and
(C) in paragraph (5)(B), by striking ``paragraph
(3)'' and inserting ``paragraph (1)'';
(2) by striking subsection (c) and inserting the following:
``(c) Functions.--
``(1) Duties.--The Council shall--
``(A) in conjunction with the directors of the
centers for independent living in the State, and the
designated State entity, jointly develop and sign the
State plan as provided in section 704(a)(2);
``(B) monitor, review, and evaluate the
implementation of the State plan;
``(C) have at least 4 regularly scheduled meetings
per year, and ensure that such meetings of the Council
are open to the public and sufficient advance notice of
such meetings is provided;
``(D) submit to the ILA Director such periodic
reports as the ILA Director may reasonably request, and
keep such records, and afford such access to such
records, as the ILA Director finds necessary to verify
the information in such reports; and
``(E) as appropriate, coordinate activities with
the State Rehabilitation Council established under
section 105, if the State has such a Council, or the
commission described in section 101(a)(21)(A), if the
State has such a commission, and councils that address
the needs of specific disability populations and issues
under other Federal law.
``(2) Authorities.--The Council may, consistent with the
State plan described in section 704, unless prohibited by State
law--
``(A) facilitate the improvement and coordination
of services provided to individuals with disabilities
by centers for independent living, the designated State
unit, other government agencies, and community
organizations;
``(B) conduct resource development activities to
obtain funding from public and private resources to
support the activities described in this subsection or
to support the provision of independent living services
by centers for independent living; and
``(C) perform such other functions, consistent with
the purpose of this chapter and comparable to other
functions described in this subsection, as the Council
determines to be appropriate.
``(3) Limitation.--The Council shall not provide
independent living services directly to individuals with
significant disabilities or manage such services.'';
(3) in subsection (e)--
(A) in paragraph (1), in the first sentence, by
striking ``prepare'' and all that follows through ``a
plan'' and inserting ``prepare, in conjunction with the
designated State entity, a plan''; and
(B) in paragraph (3), by striking ``agency'' and
inserting ``entity''; and
(4) in subsection (f)--
(A) by striking ``such resources'' and inserting
``available resources''; and
(B) by striking ``(including'' and all that follows
through ``compensation'' and inserting ``(such as
personal assistance services), and to pay reasonable
compensation''.
SEC. 476. RESPONSIBILITIES OF THE ILA DIRECTOR.
Section 706 (29 U.S.C. 796d-1) is amended--
(1) by striking the title of the section and inserting the
following:
``SEC. 706. RESPONSIBILITIES OF THE ILA DIRECTOR.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Commissioner''
each place it appears and inserting ``ILA Director'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``Commissioner'' each place it appears and
inserting ``ILA Director''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking
``Secretary'' and inserting
``Secretary or the
Commissioner''; and
(bb) by striking ``to the
Commissioner; and'' and
inserting ``to the ILA
Director;'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) to the State agency shall be deemed
to be references to the designated State
entity; and'';
(3) by striking subsection (b) and inserting the following:
``(b) Indicators.--Not later than 1 year after the date of
enactment of the Workforce Investment Act of 2012, the ILA Director
shall develop and publish in the Federal Register indicators of minimum
compliance for centers for independent living (consistent with the
standards set forth in section 725), and indicators of minimum
compliance for Statewide Independent Living Councils.'';
(4) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Reviews.--
``(A) Types of reviews.--The ILA Director shall
annually conduct--
``(i) onsite compliance reviews of at least
15 percent of the centers for independent
living that receive funds under section 722 and
shall periodically conduct such a review of
each such center;
``(ii) onsite compliance reviews of at
least one-third of the designated State units
that receive funding under section 723, and, to
the extent necessary to determine the
compliance of such a State unit with
subsections (f) and (g) of section 723, centers
that receive funding under section 723 in such
State; and
``(iii) onsite compliance reviews for at
least 10 percent of the Statewide Independent
Living Councils established in each State under
section 705.
``(B) Selections.--The ILA Director shall select
the centers, State units, and Councils described in
this paragraph for review on a random basis.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``Commissioner'' and inserting
``ILA Director'';
(ii) in subparagraph (A), by striking
``such a review'' and inserting ``a review
described in paragraph (1)''; and
(iii) in subparagraphs (A) and (B), by
striking ``Department'' each place it appears
and inserting ``Independent Living
Administration''; and
(5) by striking subsection (d).
CHAPTER 2--INDEPENDENT LIVING SERVICES
SEC. 477. ADMINISTRATION.
(a) Allotments.--Section 711 (29 U.S.C. 796e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Except'' and inserting
``After the reservation required by section
711A is made, and except''; and
(ii) by inserting ``the remainder of the''
before ``sums appropriated''; and
(B) in paragraph (2)(B), by striking ``amounts made
available for purposes of this part'' and inserting
``remainder described in paragraph (1)(A)'';
(2) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director''; and
(3) by adding at the end the following:
``(d) Administration.--Funds allotted or made available to a State
under this section shall be administered by the designated State
entity, in accordance with the approved State plan, except for States
covered by section 723.''.
(b) Training and Technical Assistance.--Part B of title VII is
amended by inserting after section 711 (29 U.S.C. 796e) the following:
``SEC. 711A. TRAINING AND TECHNICAL ASSISTANCE.
``(a) In General.--From the funds appropriated to carry out this
part for any fiscal year, beginning with fiscal year 2012, the ILA
Director shall first reserve not less than 1.8 percent and not more
than 2 percent of the funds to provide training and technical
assistance to Statewide Independent Living Councils for such fiscal
year.
``(b) Allocation.--From the funds reserved under subsection (a),
the ILA Director shall make grants to, and enter into contracts and
other arrangements with, entities that have experience in the operation
of Statewide Independent Living Councils to provide such training and
technical assistance with respect to developing, conducting,
administering, and evaluating Statewide Independent Living Councils.
``(c) Funding Priorities.--The ILA Director shall conduct a survey
of Statewide Independent Living Councils regarding training and
technical assistance needs in order to determine funding priorities for
such grants, contracts, or other arrangements.
``(d) Review.--To be eligible to receive a grant or enter into a
contract or other arrangement under this section, such an entity shall
submit an application to the ILA Director at such time, in such manner,
and containing a proposal to provide such training and technical
assistance, and containing such additional information as the ILA
Director may require. The ILA Director shall provide for peer review of
grant applications by panels that include persons who are not
government employees and who have experience in the operation of
Statewide Independent Living Councils.''.
(c) Payments.--Section 712(a) (29 U.S.C. 796e-1(a)) is amended by
striking ``Commissioner'' and inserting ``ILA Director.''
(d) Authorized Uses of Funds.--Section 713 (29 U.S.C. 796e-2) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The State may use funds received under this part
(but not more than 30 percent of the funds paid to the State under
section 712) to provide the resources described in section 705(e),
relating to the Statewide Independent Living Council, may retain funds
under section 704(c)(5), and shall distribute the remainder of the
funds received under this part in a manner consistent with the approved
State plan under section 704 for the activities described in subsection
(b).
``(b) Activities.--The State may use the remainder of the funds
described in subsection (a)--''; and
(2) in paragraph (1), by inserting ``, particularly those
in unserved areas of the State'' after ``disabilities''.
(e) Authorization of Appropriations.--Section 714 (29 U.S.C. 796e-
3) is amended by striking ``1999 through 2003'' and inserting ``2012
through 2016''.
CHAPTER 3--CENTERS FOR INDEPENDENT LIVING
SEC. 481. PROGRAM AUTHORIZATION.
Section 721 (29 U.S.C. 796f) is amended--
(1) in subsection (a)--
(A) by striking ``1999'' and inserting ``2012'';
(B) by striking ``Commissioner shall allot'' and
inserting ``ILA Director shall make available''; and
(C) by inserting ``, centers for independent
living,'' after ``States'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``For'' and all that
follows through ``Commissioner'' and inserting
``From the funds appropriated to carry out this
part for any fiscal year, beginning with fiscal
year 2012, the ILA Director'';
(ii) by inserting ``not less than 1.8
percent and not more than 2 percent of the
funds'' after ``reserve''; and
(iii) by striking ``eligible agencies'' and
all that follows and inserting ``centers for
independent living and eligible agencies for
such fiscal year.'';
(B) in paragraph (2)--
(i) by striking ``Commissioner'' and
inserting ``ILA Director''; and
(ii) by inserting ``fiscal management of,''
before ``planning,'';
(C) in paragraphs (3), (4), and (5), by striking
``Commissioner'' each place it appears and inserting
``ILA Director''; and
(D) in paragraph (3), by striking ``Statewide
Independent Living Councils and'';
(3) by striking subsection (c) and inserting the following:
``(c) Allotments to States.--
``(1) Definitions.--In this subsection:
``(A) Additional appropriation.--The term
`additional appropriation' means the amount (if any) by
which the appropriation for a fiscal year exceeds the
total of--
``(i) the amount reserved under subsection
(b) for that fiscal year; and
``(ii) the appropriation for fiscal year
2008.
``(B) Appropriation.--The term `appropriation'
means the amount appropriated to carry out this part.
``(C) Base appropriation.--The term `base
appropriation' means the portion of the appropriation
for a fiscal year that is equal to the lesser of--
``(i) an amount equal to 100 percent of the
appropriation, minus the amount reserved under
subsection (b) for that fiscal year; or
``(ii) the appropriation for fiscal year
2008.
``(2) Allotments to states from base appropriation.--After
the reservation required by subsection (b) has been made, the
ILA Director shall allot to each State whose State plan has
been approved under section 706 an amount that bears the same
ratio to the base appropriation as the amount the State
received under this subsection for fiscal year 2008 bears to
the total amount that all States received under this subsection
for fiscal year 2008.
``(3) Allotments to states of additional appropriation.--
From the portion of any additional appropriation for each
fiscal year that remains after the application of paragraph
(4), the ILA Director shall allot to each State whose State
plan has been approved under section 706 an amount equal to the
sum of--
``(A) an amount that bears the same ratio to 50
percent of the portion as the population of the State
bears to the population of all States; and
``(B) \1/56\ of 50 percent of that portion.
``(4) Grants for centers for american indians.--
``(A) Grants.--The ILA Director may reserve not
more than 5 percent of the additional appropriation for
any fiscal year. The ILA Director shall use the
reserved funds to make individual grants to support new
or existing centers for independent living run by, or
in conjunction with, the governing bodies of American
Indian tribes located on Federal or State reservations
(including consortia of such governing bodies). A
governing body that receives such a grant shall use the
grant funds for such a center that serves American
Indians who are individuals with disabilities residing
on or near such a reservation.
``(B) Applications.--
``(i) In general.--To be eligible to
receive a grant under this paragraph for an
independent living center, a governing body, or
a governing body in conjunction with a center
for independent living, shall submit an
application to the ILA Director at such time,
in such manner and containing such information
as the ILA Director may require, and obtain
approval for the application.
``(ii) Contents.--At a minimum, the
application shall contain an assurance that the
center--
``(I) will meet the definition of a
center for independent living under
section 702;
``(II) will provide independent
living core services (as defined in
section 7(17)) to American Indians
described in subparagraph (A) and, in
appropriate cases, may provide to such
American Indians services traditionally
used by Indian tribes;
``(III) will have sufficient staff
to provide the services described in
subclause (II); and
``(IV) will comply with the
standards and provide and comply with
the assurances for centers for
independent living under section 725.
``(C) Carryover authority.--Notwithstanding any
other provision of law, any funds provided through a
grant made under subparagraph (A) to an individual
grant recipient for a fiscal year that are not
obligated or expended by the recipient prior to the
beginning of the succeeding fiscal year shall remain
available for obligation and expenditure by such
recipient during that succeeding fiscal year and the
subsequent fiscal year.
``(D) Reservation.--In this paragraph, the term
`reservation' has the meaning given the term in section
121(d).'';
(4) in subsection (d), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''; and
(5) by adding at the end the following:
``(e) Carryover Authority.--Notwithstanding any other provision of
law--
``(1) any funds appropriated for a fiscal year to carry out
a grant program under section 722 or 723, that are not
obligated and expended by the recipients prior to the beginning
of the succeeding fiscal year shall remain available for
obligation and expenditure by such recipients during that
succeeding fiscal year and the subsequent fiscal year; and
``(2) any amounts of program income received by recipients
under a grant program under section 722 or 723 in a fiscal
year, that are not obligated and expended by the recipients
prior to the beginning of the succeeding fiscal year, shall
remain available for obligation and expenditure by such
recipients during that succeeding fiscal year and the
subsequent fiscal year.''.
SEC. 482. CENTERS.
(a) Centers in States in Which Federal Funding Exceeds State
Funding.--Section 722 (29 U.S.C. 796f-1) is amended--
(1) in subsections (a), (b), and (c), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director'';
(2) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants
for a fiscal year''; and
(B) by striking ``by September 30, 1997'' and
inserting ``for the preceding fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Commissioner'' and
inserting ``ILA Director''; and
(ii) by striking ``region, consistent'' and
all that follows and inserting ``region. The
ILA Director's determination of the most
qualified applicant shall be consistent with
the provisions in the State plan setting forth
the design of the State for establishing a
statewide network of centers for independent
living.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``Commissioner'' and inserting
``ILA Director''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) shall consider comments regarding the
application--
``(i) by individuals with disabilities and
other interested parties within the new region
proposed to be served;
``(ii) if any, by the Statewide Independent
Living Council in the State in which the
applicant is located;''; and
(iii) in subparagraph (C), by inserting ``,
and consistent with the other objectives of
this title'' before the period; and
(4) in subsections (e) and (g) by striking ``Commissioner''
each place it appears and inserting ``ILA Director.''.
(b) Centers in States in Which State Funding Exceeds Federal
Funding.--Section 723 (29 U.S.C. 796f-2) is amended--
(1) in subsections (a), (b), (g), (h), and (i), by striking
``Commissioner'' each place it appears and inserting ``ILA
Director'';
(2) in subsection (a), in the header of paragraph (3), by
striking ``commissioner'' and inserting ``ila director''; and
(3) in subsection (c)--
(A) by striking ``grants'' and inserting ``grants
for a fiscal year''; and
(B) by striking ``by September 30, 1997'' and
inserting ``for the preceding fiscal year''.
(c) Centers Operated by State Agencies.--Section 724 (29 U.S.C.
796f-3) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``1993'' and inserting ``2012'';
(B) by striking ``Rehabilitation Act Amendments of
1998'' and inserting ``Workforce Investment Act of
2012''; and
(C) by striking ``1994'' and inserting ``2012'';
and
(2) by striking ``Commissioner'' each place it appears and
inserting ``ILA Director''.
SEC. 483. STANDARDS AND ASSURANCES.
Section 725 (29 U.S.C. 796f-4) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(D), by striking ``to society''
and inserting ``, both within the community and
throughout the United States,''; and
(B) in paragraph (5)--
(i) by inserting ``(as defined in section
7(17))'' after ``core services''; and
(ii) by inserting before the period the
following: ``to eligible individuals, to
promote full access to community life''; and
(2) in subsection (c), by striking ``Commissioner'' each
place it appears and inserting ``ILA Director''.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
Section 727 (29 U.S.C. 796f-6) is amended by striking ``fiscal
years 1999 through 2003'' and inserting ``fiscal years 2012 through
2016''.
CHAPTER 4--INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND.
Chapter 2 of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796j et seq.) is amended--
(1) by redesignating sections 752 and 753 as sections 753
and 754, respectively; and
(2) by inserting after section 751 the following:
``SEC. 752. TRAINING AND TECHNICAL ASSISTANCE.
``(a) Grants; Contracts; Other Arrangements.--For any fiscal year
for which the funds appropriated to carry out this chapter exceed the
funds appropriated to carry out this chapter for fiscal year 2008, the
Commissioner shall first reserve from such excess, to provide training
and technical assistance to designated State agencies, or other
providers of independent living services for older individuals who are
blind, that are funded under this chapter for such fiscal year, not
less than 1.8 percent, and not more than 2 percent, of the funds
appropriated to carry out this chapter for the fiscal year involved.
``(b) Allocation.--From the funds reserved under subsection (a),
the Commissioner shall make grants to, and enter into contracts and
other arrangements with, entities that demonstrate expertise in the
provision of services to older individuals who are blind, to provide
training and technical assistance with respect to planning, developing,
conducting, administering, and evaluating independent living programs
for older individuals who are blind.
``(c) Funding Priorities.--The Commissioner shall conduct a survey
of designated State agencies that receive grants under section 753
regarding training and technical assistance needs in order to determine
funding priorities for grants, contracts, and other arrangements under
this section.
``(d) Application.--To be eligible to receive a grant or enter into
a contract or other arrangement under this section, an entity shall
submit an application to the Commissioner at such time, in such manner,
containing a proposal to provide such training and technical
assistance, and containing such additional information as the
Commissioner may require.
``(e) Prohibition on Combined Funds.--No funds reserved by the
Commissioner under this section may be combined with funds appropriated
under any other Act or portion of this Act if the purpose of combining
funds is to make a single discretionary grant or a single discretionary
payment, unless such reserved funds are separately identified in the
agreement for such grant or payment and are used for the purposes of
this chapter.''.
SEC. 487. PROGRAM OF GRANTS.
Section 753 of the Rehabilitation Act of 1973 (29 U.S.C. 796k), as
redesignated by section 586, is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively;
(3) in subsection (b), by striking ``section 753'' and
inserting ``section 754'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``section 753''
and inserting ``section 754''; and
(B) in paragraph (2)--
(i) by striking ``subsection (j)'' and
inserting ``subsection (i)''; and
(ii) by striking ``subsection (i)'' and
inserting ``subsection (h)'';
(5) in subsection (g), by inserting ``, or contracts
with,'' after ``grants to'';
(6) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``subsection
(j)(4)'' and inserting ``subsection (i)(4)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by adding
``and'' after the semicolon;
(ii) in subparagraph (B)(ii)(III), by
striking ``; and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(7) in subsection (i), as redesignated by paragraph (2)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Minimum allotment.--
``(A) States.--In the case of any of the several
States, the District of Columbia, or the Commonwealth
of Puerto Rico, the amount referred to in paragraph
(1)(A) for a fiscal year is the greater of--
``(i) $350,000;
``(ii) an amount equal to the amount the
State, the District of Columbia, or the
Commonwealth of Puerto Rico received to carry
out this chapter for fiscal year 2008; or
``(iii) an amount equal to \1/3\ of 1
percent of the amount appropriated under
section 754, and not reserved under section
752, for the fiscal year and available for
allotments under subsection (a).
``(B) Certain territories.--In the case of Guam,
American Samoa, the United States Virgin Islands, or
the Commonwealth of the Northern Mariana Islands, the
amount referred to in paragraph (1)(A) for a fiscal
year is $60,000.'';
(B) in paragraph (3)(A), by striking ``section
753'' and inserting ``section 754, and not reserved
under section 752,''; and
(C) in paragraph (4)(B)(i), by striking
``subsection (i)'' and inserting ``subsection (h)''.
SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 754 of the Rehabilitation Act of 1973 (29 U.S.C. 796l), as
redesignated by section 586, is amended by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2012 through 2016''.
Subtitle I--Increasing Employment Opportunities for Individuals With
Disabilities
SEC. 491. DISABILITY EMPLOYMENT.
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended
by adding at the end the following:
``TITLE VIII--INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
``SEC. 801. PUBLIC EDUCATION CAMPAIGNS ABOUT HIRING INDIVIDUALS WITH
DISABILITIES.
``(a) In General.--Not later than 120 days after the date of
enactment of the Workforce Investment Act of 2012, the Secretary of
Labor, acting through the Assistant Secretary and in coordination with
the Commissioner of the Rehabilitation Services Administration, the
Commissioner of Social Security, the Commissioner of the Internal
Revenue Service, and the heads of other relevant Federal agencies and
divisions of Federal agencies, shall develop and carry out public
education campaigns that educate employers (including small
businesses), employees (including individuals with disabilities), and
members of the general public (including young adults) on the benefits
of hiring individuals with disabilities. The public education campaign
for employers (including small businesses) shall include information
on--
``(1) the work opportunity credit under section 51 of the
Internal Revenue Code of 1986; and
``(2) tax incentives available to businesses to help cover
the cost of improving accessibility, including--
``(A) the disabled access credit under section 44
of the Internal Revenue Code of 1986; and
``(B) the tax deduction available under section 190
of the Internal Revenue Code of 1986, for expenses for
architectural barrier removal.
``(b) Educational Materials.--The public education campaigns
described in subsection (a) shall include, as necessary, different
educational materials in order to adequately target and educate, small
businesses, employers generally, employees, and members of the general
public, including educational materials on work incentives that may
assist individuals with disabilities in leaving programs of public
benefits, entering the workforce, advancing their economic status, and
contributing to and participating more fully in their communities.''.
SEC. 492. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended--
(1) by striking the item relating to section 109 and
inserting the following:
``Sec. 109. Training and services for employers.'';
(2) by inserting after the item relating to section 112 the
following:
``Sec. 113. Additional technical assistance.
``Sec. 114. Pre-employment transition services.'';
(3) by inserting after the item relating to section 205 the
following:
``Sec. 206. Definition of covered school.'';
(4) by inserting after the item relating to section 509 the
following:
``Sec. 510. Establishment of standards for accessible medical
diagnostic equipment.'';
(5) by striking the items relating to part B of title VI
and inserting the following:
``Part B--Supported Employment Services
``Sec. 620. Authorization of appropriations.'';
(6) in the items relating to title VII--
(A)(i) by inserting after the item relating to
section 701 the following:
``Sec. 701A. Independent Living Administration.'';
and
(ii) by striking the item relating to section 706
and inserting the following:
``Sec. 706. Responsibilities of the ILA Director.'';
(B) by inserting after the item relating to section
711 the following:
``Sec. 711A. Training and technical assistance.'';
and
(C) by striking the items relating to sections 752
and 753 and inserting the following:
``Sec. 752. Training and technical assistance.
``Sec. 753. Program of grants.
``Sec. 754. Authorization of appropriations.'';
and
(7) by adding at the end the following:
``TITLE VIII--INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
``Sec. 801. Public education campaigns about hiring individuals with
disabilities.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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